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HomeMy WebLinkAbout1997 NS Public Works - Renewal of Interlocal Agreement on Household Hazardous Waste Disposal 3 STATE OF NORTH CAROLINA AMENDMENT TO INTERLOCAL COOPERATIVE AGREEMENT FOR DISPOSAL OF COUNTY OF WAKE HOUSEHOLD HAZARDOUS WASTE THIS AMENDMENT, agreed to this the day of _, 1997, by, between, and among the Counties of Chatham, Durham, Orange, and Wake; the City of Durham; and the Towns of Carrboro and Chapel Hill. WITNESSETH: WHEREAS, the governing bodies of the units of local government referenced above entered into an Interlocal Agreement For Disposal of Household Hazardous Waste on the 8th day of August, 1994; and WHEREAS, the aforementioned Interlocal Agreement has been successful in establishing and maintaining a regionally-coordinated program for the collection of household hazardous waste and the education of the public concerning household hazardous waste; and WHEREAS, these same governing bodies wish to amend the aforementioned Interlocal Agreement so as to provide for automatic renewal of this Interlocal Agreement unless a governing body wishes to withdraw; NOW, THEREFORE, in consideration of the mutual goals and covenants contained herein, and the mutual benefits to result therefrom, the parties agree that the INTERLOCAL COOPERATIVE AGREEMENT FOR DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE dated August 8, 1994 is hereby amended as follows: Paragraph 2 is deleted and the following new Paragraph 2 is substituted: 2. Unless terminated earlier pursuant to Paragraph 10, this INTERLOCAL AGREEMENT shall be in effect until June 30, 1998, with automatically extended one-year renewal terms beginning July 1, 1998 and at the end of each successive one-year term unless any party notifies the other parties in writing by January 31 of each year of its desire to terminate this 1 4 INTERLOCAL AGREEMENT, in which case the term shall end as scheduled on that year's June 30. IN WITNESS WHEREOF, the Board of Commissioners of the respective Counties have approved and caused these presents to be signed by the Chairman of each Board and attested to by the Clerk of that Board, and the municipalities have approved and caused these presents to be signed by their respective Mayors or City Managers and attested to by their Clerks, all in accord with resolutions of the governing Board of each party spread upon their respective minutes, the day and year first above written. COUNTY OF CHATHAM By: Margaret Pollard, Chairman, Board of Commissioners Attest This instrument has been reviewed and approved as to legal form and adequacy. By: Attorney This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: Finance Officer 2 5 COUNTY OF DURHAM By: Mary Ann Black, Chairman, Board of Commissioners Attest This instrument has been reviewed and approved as to legal form and adequacy. By: Attorney This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: Finance Officer COUNTY OF ORANGE By: William Crowther, Chairman, Board of Commissioners Attest This instrument has been reviewed and approved as to legal form and adequacy. By: Attorney This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: Finance Officer 3 6 COUNTY OF WAKE By: Stewart Adcock, Chairman,Board of Commissioners 'Attest This instrument has been reviewed and approved as to legal form and adequacy. By: Attorney This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: Finance Officer TOWN OF CARRBORO By: Michael Nelson, Mayor Attest This instrument has been reviewed and approved as to legal form and adequacy. By: Attorney This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: Finance Officer 4 7 TOWN OF CHAPEL HILL By: Rosemary Waldorf, Mayor Attest This instrument has been reviewed and approved as to legal form and adequacy. By: Attorney This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: Finance Officer CITY OF DURHAM By: Cecil Brown, City Manager Attest This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: Finance Officer 5 8 STATE OF NORTH CAROLINA INTERLOCAL COOPERATIVE AGREEMENT FOR DISPOSAL OF COUNTY OF WAKE HOUSEHOLD HAZARDOUS WASTE THIS AGREEMENT, made and entered into this the day of 1994,by,between, and among the Counties of Chatham, Durham,Orange, and Wake; the City of Durham; and the Towns of Carrboro and Chapel Hill. WITNESSETH- WHEREAS,hazardous household waste(H1-1W) consists of numerous products common to the average household, such as pesticides,paints,polishes,cleaners, and automotive supplies; and WHEREAS,such wastes are generated in significant amounts by households and pose a significant threat to the public's health,safety, and welfare as well as to the natural environment if improperly disposed; and WHEREAS, some of the parties hereto have independently conducted H1-1W collection programs on an annual or semi-annual basis and, although successful,these programs are expensive to conduct and collect less of such waste than would likely be collected at a permanent collection facility; and WHEREAS,solid waste planners from the above-referenced governments, comprising the Triangle Region Solid Waste Planners Committee,have met frequently and researched and examined possible benefits to a regional effort for the construction of permanent HI-1W facilities in each of the four counties,as well as the servicing of those facilities by a single private corporate entity engaged in the business of collection and disposal of FIHW; and WHEREAS, the Committee, as part of its findings and conclusions,has determined that a regional cooperative effort regarding collection of H1-1W from permanent facilities would result in a cost savings to all governments involved,among 1 9 Y other reciprocal benefits which would adhere to the convenience of each government's respective citizens; and WHEREAS, a private corporate entity engaged in the collection and disposal of HHW has been recommended by the Triangle Region Solid Waste Planners Committee; and WHEREAS, the governing bodies of the units of local government referenced above have resolved to enter into this Interlocal Agreement for the purpose of defining the rights and expectations of each unit,as well as arranging coordination between a private corporate entity responsible for the collection and disposal of HI-iW and the local government parties to this Interlocal Agreement; and WHEREAS, the parties hereto,pursuant to the provisions of Article 20,Interlocal Cooperation,Part I,Joint Exercise of Powers,of Chapter 160A of the General Statutes of North Carolina, desire to enter into this Interlocal Agreement in furtherance of the foregoing; NOW,THEREFORE,in consideration of the mutual goals and covenants contained herein,and the mutual benefits to result therefrom, the parties agree as follows: 1. The purpose of this Agreement is as set forth in the above recitals. 2. The term of this Interlocal Agreement shall commence July , 1994, and conclude on June 30, 1997. This Agreement is renewable for additional terms at the discretion of the parties. 3. Each party to this Agreement, through its Manager,shall appoint a member to a Triangle Region Household Hazardous Waste Committee (hereinafter referred to as the Committee),with the following exception: Orange County,Chapel Hill, and Carrboro shall be represented by one member appointed by the Orange Regional Landfill Owners Group. The principal purpose of the Committee shall be to oversee the coordination of local government collection of HIHW by the parties. This 2 10 Committee shall have the authority on behalf of the local government parties to this Interlocal Agreement to recommend and agree with Triangle J Council of Governments to amendments to the scope of work to be performed by Triangle J Council of Governments in providing regional administration and public education regarding these HHW collection programs (provided such amendments do not increase the cost to the parties of such work and do not change the general purpose and intent of such work); to recommend annual HIM budgets to the parties; and to draft and recommend standard contracts between a private disposal contractor and the parties. The Committee shall operate by consensus. 4. The parties enter into this Agreement with the intent of providing funds on an annual basis to sustain HHW collection programs within each party's county and to support regional administration and coordination of these programs through Triangle J Council of Governments. The provision and amount of any such funds other than those referred to in paragraph 5 below shall be within the discretion of each party;provided, however, that all funds for regional administration and public education through Triangle J Council of Governments shall be determined on the basis of population. 5. During the fiscal year 1994-95, the parties agree to provide a total of$77,700 to Triangle J Council of Governments for regional administration and public education regarding HHW collection programs. The scope of work is to be contained in a subsequent contract between the parties and Triangle J Council of Governments for the provision of these services. The portion of the total sum to be funded by each of the parties will be determined by proportion of population, as identified in Attachment A, incorporated herein by reference. For subsequent fiscal years during the term of this Agreement,annual local funding for regional administration and public education shall be subject to the approval of the parties and,upon such approval, payable on or before September 1st of the year for which it is budgeted. 6. The parties agree to accept HHW from residents of each other's jurisdictions,with the understanding that the scope of work for Triangle J Council of 3 li Governments will include keeping an accounting of these cross-jurisdiction amounts and reimbursement for their disposal costs can be requested of any party by any other party within one calendar year of the end of the fiscal year in which they are incurred. Upon documentation of such cross-jurisdictional amounts and costs to the reasonable satisfaction of the party who is being requested to make reimbursement,such reimbursement shall be made. 7. The parties agree in concept to having one contract between them and a single private H1-1W disposal contractor,with addenda as may be necessary to reflect particular circumstances of individual jurisdictions, and the provisions of that contract shall control this Agreement to the extent of any conflict or inconsistency. The terms and conditions of that contract shall be subject to the approval of each party. 8. It is agreed that each permanent HHW facility built by the individual units of government shall remain in fee simple title to that unit of government which provided the realty and built the improvements upon same. This Agreement in no way implies any sharing of ownership of real property or improvements thereon. 9. Additional units of government may join in this Agreement, and the Agreement shall be altered accordingly,but only if all of the other parties of this Agreement consent and only if the additional unit is a member of Triangle J Council of Governments. Parties to this Agreement may withdraw from this Agreement effective July 1 of any year,provided they have given written notice to all other parties by January 1 of that calendar year. 10. This Agreement may be amended or terminated upon consent of all parties hereto, after thirty(30) days written notification to the parties to this Agreement and to Triangle J Council of Governments. IN WITNESS WHEREOF,the Board of Commissioners of the respective Counties have approved and caused these presents to be signed by the Chairman of each Board and attested to by the Clerk of that Board, and the municipalities have approved and caused these presents to be signed by their respective Mayors or City Managers and 4 14 TOW OF CARRBORO `' a - By: Eleanor Kinnaird ayor Attest ' 1911 f .•�P Ile This instrument has been reviewed and approved as to legal form and adequacy. C;, By: ; lej-��,/ Attorney This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: 4,V.*t�� &kw Finance Officer oEL hr TOWN OF CHAPEL HILL S �-- Kenneth Broun, Mayor This instrument has been reviewed and approved as to legal form and adequacy. By: Lye!, & k�,44(.t,,t"� Attorney This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: , /xf" F' ce Officer 7 ��. 15 �r CITY OF DURHAM p� By: �- Orville W. Powell, City Manager Attest This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: o�- Finance Officer 8 18 ✓TJCOG sent a letter to inform permit officials about building modifications that have been completed or are being considered for the Orange facility. D. Maintain the HHW information line ✓TJCOG maintained up-to-date recorded messages on the information line(phone 549-5100,category 2735). Between July 1 and March 31,989 calls were received on the information line. TJCOG responded to the 38 callers (five from Orange)who left messages requesting more information. ✓TJCOG inserted special messages on the information line to announce the winter closure of the Orange facility and to provide information on how to interpret product labels and reduce HHW. E. Provide educational Rro rg, arcs ✓TJCOG sent flyers to Orange area teachers announcing the availability of HHW educational programs. TJCOG also provided information on HHW educational programs to the Scientist-in-the-Classroom office,which acts as a speakers bureau to link teachers and available speakers in the Triangle area. These efforts have recently begun to take effect,and demand for our programs is starting to grow. ✓TJCOG presented an educational program at the 5'Annual Expanding Your Horizons,a science conference for 7"'grade girls from Orange and surrounding counties. ✓TJCOG will assist the Orange recycling educator with this year's Earthwalk,which is a three-day educational program for 7th grade students from Orange County schools. F. Distribute educational materials ✓TJCOG provided flyers,brochures,posters,and magnets for distribution through the Orange recycling office. ✓TJCOG distributed flyers and brochures through the following three libraries in Orange County: the Chapel Hill Public Library,the Carrboro Branch Library,and the Orange County Library. ✓TJCOG produced 4 new educational flyers targeting specific wastes: paint,pesticides,auto products,and household cleaners. These flyers will be distributed at the Orange HHW collection center,at festivals and fairs,and possibly also at retail stores. G. Maintain table-top disylay ✓TJCOG designed and maintains a 3x6 foot tabletop display on household hazardous waste for use at fairs and other events. TJCOG also obtained various types of promotional items(pencils,fly swatters,litter bags,and kids' activity books) that can be given out when the exhibit is used. H. Generate media coverage ' ✓TJCOG produced and ran 4 ads in the Chapel Hill News,4 ads in the full-run News&Observer,and 8 ads in the Independent Weekly during the summer and fall months of 1996. For the spring and summer months of 1997,TJCOG has placed the following ads: 6 ads in the Chapel Hill News and Village Advocate,2 ads in the Chapel Hill Herald,5 ads in the full-run News&Observer,and 7 ads in the Independent Weekly. 2 19 ✓TJCOG sent out a press release in December containing information on the program's success to date and also providing tips on how to reduce paint waste. An article subsequently ran in the Chapel Hill News. ✓TJCOG planned a special Spring Cleaning/Earth Day event for the Orange collection center. TJCOG sent out press releases,designed a special ad,and issued invitations to elected officials and agency staff members. ✓TJCOG has recently finished the filming of a 13-minute video(both educational and entertaining)that gives general information about HHW and specific information concerning the Triangle region collection program. This videotape will be used for educational programs and will also be part of a 30-minute video presentation on the regional collection program which TJCOG filmed. The 30-minute video will be shown on.area cablevision channels during May. I. Provide information to local businesses ✓ TJCOG wrote letters to several local electronics businesses,encouraging them to sign up for a free national battery recycling program. Large retail chains with stores in this area are already participating in this program for collection of Ni-Cd batteries. J. Maintain contacts with programs elsewhere ✓ TJCOG staff attends meetings of the N.C.Recycling Association's Household Hazardous Waste Council for the purpose of networking with other Household Hazardous Waste program managers. ✓TJCOG staff presented a paper on our regional program at the N.C.Solid Waste Association of North America annual business meeting and technical seminar in July. ✓TJCOG staff attended the 11'h Annual Hazardous Materials Conference in St.Petersburg in November. TJCOG provided a written trip report to the HHW collection center managers. ✓TJCOG submitted an abstract concerning the regional HHW collection program for the upcoming SWANA Carolinas Solid Waste Conference'97. ✓TJCOG provided program information to the following agencies and corporations: Buncombe County General Services,AT&T(Greensboro branch),Southern States Energy Board,Alamance County Public Works,Catawba County Extension Office,and Land-of-Sky Regional Council. ✓TJCOG continues to provide quarterly program reports for publication in the national HHW Management News. K. Provide technical assistance ✓TJCOG reviewed and provided written comments on the state government Solid Waste Section's proposed household hazardous waste rules. TJCOG also encouraged managers of household hazardous waste programs outside the Triangle to comment on these proposed rules. ✓TJCOG analyzed cost savings obtainable by using different methods of handling paint waste. As part of this analysis,TJCOG conducted a nationwide survey of users of paint can crushers in HHW collection programs in other states. A written report on this analysis was given to the Orange program in March. 3 20 ✓TJCOG investigated and reported on additional cost savings available by different methods of handling pesticides and batteries. ✓TJCOG analyzed cost savings obtainable by using a propane cylinder venting device at our facilities,then purchased such a device to be shared by all four HHW collection centers. ✓TJCOG has made arrangements for the annual training refresher course,to be presented by a qualified local trainer during May. L. Gather information and produce reRorts ✓TJCOG produced a report in October for the state Office of Waste Reduction(now the Division of Pollution Prevention and Environmental Assistance)regarding our regional program. This report summarized project accomplishments to date,types and amounts of wastes collected,educational efforts,and program costs. ✓TJCOG produced reports in December and February regarding the volume of waste collected at each of the four regional collection facilities. ✓TJCOG produced a nine-month report on the regional program in April. M. Provide general staff suPvort ✓TJCOG provided regular assistance on issues as they arose. [Part Two: TYCOG Expenses Expenses incurred by TJCOG in connection with the foregoing work are detailed in Table 1. This table provides an overview of expenses and revenue for this contract period,the two previous contract periods,and the next budget year. The following points should be kept in mind in reviewing these figures: Revenue Note that,in addition to the$77,700 received each year pursuant to the joint contract with TJCOG,the program received a total of$49,520 from the state Office of Waste Reduction(now the Division of Pollution Prevention and Environmental Assistance)to assist us in developing this regional program.This extra funding will no longer be available after this fiscal year. The$77,700 regional contract revenue is paid by each of the contract parties according to a schedule established in the contract based on their relative populations. The contractual amounts are as follows: Chatham County$3,885; Durham County$4,662;City of Durham$13,986;Wake County$45,843;Chapel Hill(also on behalf of the Town of Carrboro and Orange County)$9,324. Salaries Note that the salary expenses(and corresponding fringes and indirect expenses)have been decreasing each contract period. As the program becomes more stable,less administrative time is necessary. 4 3 Indirect Costs ZI Included in indirect costs are rent,utilities,phone/fax/internet,postage,office supplies,salaries and fringes of administrative personnel(president,finance office,reception and secretarial),board meeting expenses,car maintenance,insurance,and legal and audit expenses. These indirect costs are determined pursuant to principles established by the federal government in OMB Circular A-87 and are audited annually. Since the TJCOG overall budget is far smaller than the budgets of local governments,its indirect costs can't be spread so thinly. Nevertheless,TJCOG has succeeded in reducing indirect costs by 33%since 1991. TJCOG membership dues do not cover the indirect costs of this project because these dues have been significantly reduced over the last two years. This dues restructuring was desired by the member governments and involved removing from the per capita dues all of the TJCOG programs targeted to specific jurisdictions. These targeted programs,including the household hazardous waste program, are required to pay for themselves. Next year's expenses The only line items that show an increase in next year's budget are equipment and travel. This is because the program is planning to invest in some equipment which will allow us to bulk paint more efficiently and thereby significantly reduce paint disposal costs. The extra travel is to allow for visiting other household hazardous waste collection sites to evaluate this equipment while it is in use. Part Three: Attachments:. Attached you will find samples of the four new flyers addressing household hazardous wastes associated with gardening,painting,automobile maintenance,and general home cleaning. 5 t 22 r Table 1 Four-Year Financial Overview Contract period#1 Contract period#2 Contract period#3 Contract period#4 8/1/94-8/31/95 9/1/95-6/30/96 7/1/96-6/30/97 7/1/97-6/30/98 (projected) (projected) EXPENSES Salary 31,029.93 28,444.40 26,947.52 22,386.00 Fringes 6,296.27 5,683.11 5524.57 5,149.00 Indirect 25,411.99 24595.61 22,905.80 18,357.00 Public Ed.-Design 1,150.00 4,499.94 1500.00 1500.00 Public Ed.-Printing 2,709.98 7,122.96 16,400.71 12,000.00 Public Ed.-Phone 1,200 0 1,200.00 1,200.00 Public Ed.-Newspapers 5,700.66 622.68 13,849.72 8,520.00 Public Ed.-Other 54.75 6,868.35 10538.95 500.00 Copying 200.86 58.93 180.57 180.00 Travel,Profl Develop. 1,328.52 1,725.21 1,800.00 2,400.00 Equipment 1,729.00 4,620.18 800.00 15,195.16 Other Contractual 911.55 120.00 2,700.00 570.00 Total expenses 77,72351 84,361.37 104,347.84 87,957.16 REVENUE Regional Contract 77,700.00 77,700.00 77,700.00 77,700.00 State Grant 23,203.07 16,879.71 9,437.22 0.00 Previous Yr.Carryover 0 23,179.56 27,467.84 10,257.16 Total revenue 100,903.07 117,759.27 114,605.06 87,957.16 TJCOG April 30, 1997 6