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HomeMy WebLinkAbout1994 S ED - Chatham, Durham, Orange and Wake Counties; the City of Durham; the Towns of Carrboro and Chapel Hill - Interlocal Cooperative Agreement for Disposal of Household Hazardous Waste STATE OF NORTH CAROLINA INTERLOCAL COOPERATIVE AGREEMENT FOR DISPOSAL OF COUNTY OF WAKE HOUSEHOLD HAZARDOUS WASTE THIS AGREEMENT,made and entered into this the'3'4- 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 (HHW) 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 HHW 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 HHW 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 HHW, and WHEREAS, the Committee,as part of its findings and conclusions,has determined that a regional cooperative effort regarding collection of HHW from permanent facilities would result in a cost savings to all governments involved, among 1 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 HHW by the parties. This 2 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 HHW 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. b. 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 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 HHW 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 HIM 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 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: . Henry H./Dunlap, Chairman,Board of Commissioners Attest This instrument has been reviewed and approved as to legal form and adequacy. By: \_e� Attorney This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: Finance Officer COUNTY OF D A By: ,/,/,/, '114 "L"" ""2\ W/iacBell, Chairman, &ard of Commissioners Attest This instrument has been reviewed and approved as to legal form and adequacy. y: A omey This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: Finance Officer 5 COUNTY OF ORANGE By: 41 //t� Moses Carey, Chairman,Board of Co Attest This instrument has been reviewed and approved as to legal form and adequacy. By: ttorn This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. Finance Officer COUNTY F WAKE By: Vernon Malone, Chairm , oard of Commissioners Attest This instrument has been reviewed and approved as to legal form and adequacy. By: Atto y This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. Finance Officer 6 TOW OF CARRBORO A�••0 , CAR���9, t. P q ;•o By. Eleanor Kinnaird ayor Attest 1911 _ P This instrument has been reviewed and approved as to legal form and adequacy. 0 By: Attorney This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: . Finance Officer • e� TOWN OF CHAPEL HILL Orr Y� Kenneth Broun, Mayor C �� 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: F' ce Officer 7 I> CITY OF DURHAM 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: d..,— �� Finance Officer 8 Attachment A Regional Administration and Education Cost Allocations Counties: Chatham Durham Orange Wake Total Estimated 1994 population* 41,400 195,686 102,245 482,079 821,410 Percent of 4-county region's estimated 1994 population 5% 24% 12% 59% 100% Cost $3,885 $18,648 $9,324 $45,843 $77,700 * Source: N.C.Office of State Planning,January 1994 9