HomeMy WebLinkAbout2014-236 Solid Waste - Town of Hillsborough MOU regarding debris removal, processing, disposal and or monitoring MEMORANDUM OF UNDERSTANDING
BETWEEN ORANGE COUNTY AND THE TOWN OF HILLSBOROUGH
REGARDING DEBRIS REMOVAL, PROCESSING, DISPOSAL, AND/OR
MONITORING
WHEREAS, North Carolina law authorizes counties and municipalities to enter into agreements to provide
services to each other under mutually agreed upon terms and conditions; and
WHEREAS, following recent natural disasters in North Carolina, many counties have entered into intedocal
pre-event debris processing, disposal, and monitoring services contracts to have available for a county in
the event of a disaster necessitating the need for debris processing and disposal; and
WHEREAS, the Town of Hillsborough (the "Town") may desire to adopt Orange County's Request for
Proposals ("RFP") process for the purpose of securing debris processing, disposal, and monitoring
services, and to utilize Orange County's (the "County") debris disposal and processing sites and County
desires to authorize Town to do so.
NOW THEREFORE, the County and Town agree, through this Memorandum of Understanding, to the
following terms and conditions:
1. County authorizes Town to participate in the solicitation of contract services for debris removal,
processing, disposal, and/or monitoring by adopting by resolution the County's RFP for such services.
Should Town secure contracts for such services County shall have no obligation to provide or contract
for those services within the Town's jurisdiction. Should Town not secure contracts for such services
a separate agreement must be negotiated between Town and County to determine how such services
should be provided in the Town's jurisdiction.
2. Should Town secure contracts for all services other than monitoring of debris removal Town
acknowledges that monitoring of debris removal is necessary and agrees to cooperate with all debris
removal monitoring services conducted within its jurisdictional limits pursuant to the County's contracts
or as otherwise provided by the County. The Town must provide sufficient data, as determined by
County, to allow County to be reimbursed by state and/or federal entities. Should Town fail to provide
such adequate data Town must reimburse County for any funds or expenditures that would otherwise
have been reimbursable had Town provided adequate data.
3. The County shall permit Town or Town's contractors to deliver event eligible debris collected within
Town's jurisdiction to County's debris disposal and processing sites as County may from time to time
establish. County may suspend or terminate the acceptance of debris at County's debris management
sites and/or monitoring services for debris originating within the jurisdictional limits of the Town as
County deems appropriate or necessary due to (a) conditions within the County; (b) issues related to
the County's Contracts; (c) lack of cooperation from Town officials and/or employees; or (d) other
reasons as warranted in the discretion of the County.
4. That by entering into this MOU, the County assumes no liability for damages to any property of the
Town or any citizens of the Town resulting from the debris collection, processing, and disposal by the
Town's employees, agents, monitor, and debris removal contractor. Additionally, to the extent
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authorized by law, the Town shall indemnify and hold harmless County, its officials, employees, and
agents for any damage of any type whatsoever to the Town's property or to personal property and
fixtures situated thereon, or for bodily injury or death to persons on the Town's property, and hereby
releases, discharges, and waives any and all actions, either legal or equitable, which the undersigned
Town has, or may have, by reason of any action of the County and its officials, employees, debris
removal contractor, or debris monitoring contractor and any action they have taken to accomplish the
services contemplated by this MOU.
5. That the County shall not be obligated to provide debris collection, processing, disposal, and/or
monitoring services on any debris generated within the jurisdictional limits of the Town except as
specifically provided herein.
6. That this MOU shall be effective from /41,sy 1), )LON through and including December 31, 2017.
The MOU may be renewed upon mutual wri en agreement of both parties.
Wherefore the Pa i s to h ve their ands and seals this day of , 2014.
G
0 nge ounty anager Town illsborough Manager
This instrument has been pre-audited in the manner required by the local government budget and fiscal
control act.
la." At, _
Chief Financial Officer, Orange County
This instrument has been pre-audited in the manner required by the local government budget and fiscal
control ct.
ief Financial Officer, Town of Hilisb ugh
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