HomeMy WebLinkAboutAgenda - 12-11-2012 - 5k
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ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date:December 11, 2012
Action Agenda
Item No.5-k
SUBJECT: Interlocal Agreement with the City of Durham for Waste Transfer Station Use
DEPARTMENT:Solid Waste ManagementPUBLIC HEARING: (Y/N)No
ATTACHMENT(S):INFORMATION CONTACT:
Frank Clifton, County Manager, 919-245-
Draft Interlocal Agreement2306
Michael Talbert, Assistant County
Manager, 919-245-2308
Gayle Wilson, Solid Waste Director, 919-
968-2885
John Roberts, County Attorney, 919-
245-2318
PURPOSE:
To approve an InterlocalAgreement with the City of Durham for authorization to
use the Durham Waste Transfer Stationfor a period of five years.
BACKGROUND:
TheCounty-owned Orange County Landfill is scheduled to close on June 30,
2013, creating a need for the County to find a suitable means (at least as an interim measure) of
disposing of municipal solid waste (MSW) generated in and collected by Orange County. A
December 2009BOCC resolution instructed staff topursuean agreement for the use of the City
of Durham waste transfer station (WTS) for a least a period of 3-5 years to create an interim
period for the BOCC to consider development oflonger term plans for disposal of municipal
solid waste. County staff haverecently concluded negotiations with the City of Durham
regarding use of the Durham waste transfer station (WTS) by Orange County and potentially
any/or all of the Towns within Orange County. The first delivery of County waste to the Durham
WTS will be July 1, 2013.
The agreement does not include any provision for the City of Durham to enforce any Orange
County ordinance regarding landfill bans, and all such enforcement will be the responsibility of
Orange County. The agreement provides for the County to pay the prevailing (gate rate) tipping
fee and to receive no preferential tipping fee rate. Additionally, once delivered all waste
becomes the property of Durham for ultimate delivery to the landfill or other destination of their
choice.There isno minimum delivery tonnage guarantee required.
The Towns have been contacted regarding their interest in becoming a party to this agreement
should they wish the option of utilizing the Durham WTS upon the closure of the County landfill
or at some point in the future. The agreement allows for amendment should they wish to do so.
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FINANCIAL IMPACT:
The agreement provides for an initial tipping fee of $42.50/ton.The
delivery from County collected waste for FY 2013-14 is estimated at approximately 10,600tons
at a cost of $450,500.
RECOMMENDATION(S):
The Manager recommends that the Board approvethe Interlocal
Agreement with the City of Durham for use of the Durham waste transfer station and authorize
the Manager to sign the agreement and any future amendments to the agreement.
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Interlocal Agreement Between Orange County and the City Of Durham Regarding
the Disposition of Municipal Solid Waste Generated in
Orange County at The Durham Transfer Station
THIS AGREEMENT
, madethis ____ day of _____________, 20__ between the
City of Durham, North Carolina (“City”),a North Carolina municipal corporation, of
Durham County, North Carolina; and Orange County(“County”), a political subdivision
of the State of North Carolina, for the dispositionand funding responsibilities related to
municipal solid waste, as that term is defined in North Carolina General Statutes
Section 130A-290(a)(18a)(“MSW”), generated in Orange County and delivered to the
City of Durham owned and operated waste transfer station (“Station”).
WITNESSETH
WHEREAS
, theCounty and Cityare public bodies, politic and corporate, under
the laws of the State of North Carolina andare vested with the power and authority to
operate solid waste disposal facilities for thebenefit of the publicandare authorized by
Article 20 of North Carolina General Statutes Chapter 160Ato enter into this Interlocal
Agreement (“Agreement”); and
WHEREAS
,the County owns and operates a solid waste landfillaffording
services toall residents of Orange County and the Cityoperates its Station for the
principal benefit of Cityresidents; and
WHEREAS
,the County-owned landfill is scheduled to close in June of 2013 thus
creating a need forCounty to find a suitable means of disposing of MSW generated in
Orange County; and
WHEREAS
, the County andCity (which hereinaftermay bereferred to jointly as
the “Parties”and individually as “Party”) acknowledge that City has the available
capacity at the Station to dispose of MSW generated within and by County.
NOW, THEREFORE
, in consideration of the foregoing and on mutual promises and
obligations set forth herein, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
1.TERM
a.
This Agreement shall commence on the date set out above and shall
continue through June 30,2018.
b.
This Agreement may be renewed beyondJune 30, 2018 upon written
agreement of the Parties.
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2.MATERIALS DISPOSED
a.
County will transport to the Station only MSW.
b.
With the exception of incidental amounts, the following materials will be
segregated from the waste stream and continue to be processed in
Orange County: Construction andDemolition waste;tires,White Goods;
Yard Trash; electronics, and RecyclableMaterials,.
c.
County will commence delivery of MSW to Station on or about July 1,
2013, and shall continue to do so per this Agreement, except as
otherwise provided herein.
d.
Definitions found in North Carolina General Statute 130A-290(a) shall
apply when those termsare usedin this agreement.
3.FEE AND PAYMENT
a.
County will pay the City’s per ton tipping fee(“Fee”)for County MSW
transported to and disposed of at the Station, which is currently $42.50.
b.
City shall generate and maintain an accurate account ofCounty MSW
load deliveries to the Station. City shall invoice County for MSW loads
generated by County monthly.
c.
Upon receipt of an invoice for MSW loads, County shall pay such invoice
within 30 days.
4.CAPACITY AND FEE MODIFICATION
a.
The Parties acknowledgethat the Station currently disposes of
approximately475 tons per day of MSW and the Station has a facility
design capacity of 1,100 tons per day of MSW.
b.
The Parties agree that County currently disposes of approximately 200
tons per day. Pursuant to the terms of this Agreement City will accept
approximately 200 tons per day from County.
c.
The Parties acknowledge the Fee may be modified by the City Council at
any time. City shall provide County ninety (90) days advance notice of
any increase in Fee.
5.DELIVERY SCHEDULE
a.
Station currently receives MSW loads Monday through Friday, 7:30 a.m.
to 4:30 p.m. and Saturday. 7:30 a.m. to 12:00 p.m.County shall ensure
that MSW loads generated by County are delivered to Station during its
regular hours of operation.
b.
Should County be unable to reasonablydeliver MSW loads only during
Station’s regular hours of operation, Countymay request City expand its
Station hours to accommodate County’s needs.
Should such expansion of Station hours be reasonable and feasible City
shall make such expansion.
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6.ADDITIONAL PARTIES
a.
The City and the County anticipate that multiple Orange County
municipalities may desire to participate in this agreement.
b.
Should Chapel Hill, Carrboro, or Hillsborough desire to be added as a
partyto this Agreementand the City agrees to do so,an amendment to
this agreement shall be executed between that town and the City.The
County hereby consents to such amendment.Should another party join,
the definition of “Party” and “Parties”, above, shall be read to include the
additional town. A separate financial account will be generated for each
townby the City.
7.ORDINANCE ENFORCEMENT
a.
City shall not be responsible for enforcing any Orange County
Ordinance.Any MSW load delivered to Station shall be presumed to be
in compliance with County Ordinances.
b.
County shall enforce its ordinances with respect to MSW within Orange
Countyor at the Stationupon loads originating within Orange County.
Such enforcement activity occurring at Station shall involve County
enforcement personneland shall not interfere with Station operations.
8.AMENDMENTSAND NOTICES
This Agreement may be amended and/or renewed by mutual written consent
of the Parties.Any notice required or authorized by this Agreement shall be
delivered by certified or registered mail, return receipt requested to the
following:
If to County If to City
Orange County City of Durham
County Manager City Manager
P.O. Box 8181 101 City Hall Plaza
Hillsborough, NC 27278 Durham, NC 27701
9.TERMINATION
a.
This Agreement may be terminated by the Parties hereto upon one year
advance notice by either Partyor at any time by mutual written
agreement of the Parties.
b.
Should City increase the Fee by ten percent (10%) or more in any one
annual period, then upon sixty (60) days’ notice to City, County may
terminate this Agreement without penalty to County.
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10.INDEMNIFICATION
No party hereto, together with its respective officers or employees, shall
assume any liability for the acts, omissions,or negligent or intentional conduct
of the other party, its officers or employees.
11.ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement of the Parties heretoand is
effective the date first above recorded.
________________________ _________________________
City Manager Orange CountyManager
ATTEST: ATTEST:
________________________ _________________________
City Clerk Clerk to the Board
This instrument has been pre-audited in the manner required by theLocal Government
Budget and Fiscal Control Act.
_________________________
Orange County Director Finance
and Administrative Services
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