2010-043 Solid Waste - Judy D. Brooks Contractor, Inc. - Addendum to Agreement for collection and composting of food and organic waste

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STATE OF NORTH CAROLINA ADDENDUM TO AGREEMENT FOR THE COUNTY OF ORANGE RECYCLING SERVICES Addendum to that certain Agreement effective July 1, 2005 between The County of Orange, on behalf of its Department of Solid Waste Management, (hereinafter "County"), and Judy D. Brooks Contractor, Inc., a North Carolina Corporation, (hereinafter "Contractor") for the collection and composting of separated food and organic waste from selected businesses and other locations in Orange County North Carolina. In consideration of the mutual promises and conditions set forth herein, the County. and Contractor agree to amend the Agreement as follows: Term of Agreement: Section 2 of the Agreement is amended as follows: The renewal term of the Agreement will be for one (1) year unless otherwise agreed by the parties:the period from July 1,2010,through June 30, 2011 (hereafter referred to as initial term) assuming that funds are appropriated annually and the performance of Contractor is satisfactory. The level of performance expected is defined in this addendum and the associated Agreement. Assuming that neither County nor the Contractor desire to- alter the material terms of the Agreement, and the continuation of this Agreement beyond the initial term is desired by both County and the Contractor, this Agreement may be extended for an additional renewal term of two years, or from July 1, 2011 through June 30, 2013. Terms contained herein that have no consequence on the overall outcome or cost of the Agreement may be amended during the course of this initial or any subsequent renewal term through negotiation between the Contractor and County. If substantive changes to terms are desired, an amendment to this agreement may be executed or a new contract may be signed. Cost of Service: Section 4 of the Agreement is amended as follows:. The cost of Food Waste Collection Services for FY 2010-2011 shall be $80.00 per ton for all materials collected. This rate shall remain in effect regardless of the total cumulative amount of material collected during the term of the Agreement. The cost of service for Animal Bedding Collection Services for FY 2010-2011 shall be a flat rate of$43.00 per collection per month. For example, if a single site is collected three times during the course of a month, this shall represent (3) collections billed at $43.00 each. The cost of service for Animal Bedding Sites is independent of the amount(tonnage) of materials collected. When providing Food Waste Collection Services, when and if the Contractor uses compostable liners, Contractor may charge County$1.00 per liner or bag. Charges for compostable liners will