Loading...
HomeMy WebLinkAbout2016-329 Planning - City of Mebane for Efland sewer maintenance ?1b,nA( - NORTH CAROLINA ORANGE COUNTY AGREEMENT FOR PROVIDING LIMITED TECHNICAL SERVICES AND ASSISTANCE TO ORANGE COUNTY BY THE CITY OF MEBANE FOR THE MAINTENANCE OF THE COUNTY'S EFLAND/CHEEKS WASTEWATER SYSTEM THIS AGREEMENT, made and entered into and executed in duplicate originals,this the 29th day of April,2016, by and between the City of Mebane,a public body politic and corporate,organized and existing under the provisions of Chapter 160A of the North Carolina General Statutes,with its principal office in Mebane, North Carolina, hereinafter referred to as"CITY",and Orange County, herein referred to as"COUNTY". RECITALS: A. The CITY provides wastewater collection, pumping,treatment and disposal services for Mebane and surrounding area. B. The COUNTY has constructed,and is the owner of wastewater collection and pumping facilities serving the Efland/Cheeks area of Orange County. C. The COUNTY and CITY are authorized under North Carolina General Statutes to enter into agreements for the provision of water and wastewater facilitates and services. D. The COUNTY has requested the CITY to provide technical services and assistance relative to preventive and corrective maintenance of the Efland/Cheeks wastewater pump stations and wastewater system. E. The CITY is willing to provide this requested service to the COUNTY under terms set out herein. NOW,THEREFORE,the governing bodies of the parties hereto have determined that the public health and welfare will be served and benefited by their cooperation, mutual undertakings and Agreement as hereinafter set out;and in consideration of the benefits,assistance and mutual obligations to be received and performed by the parties hereunder,the COUNTY and CITY,for themselves,their successors and assigns,do mutually agree as follows: 1. CITY shall provide, at the request of COUNTY, technical services and assistance as regards maintenance of the Efland/Cheeks wastewater system facilities and pump stations, in accordance with Schedule A attached hereto. This agreement does not provide for or require routine corrective and/or preventive maintenance of the wastewater system, facilities, lift stations,or individual pumps,except as set out under Schedule A. COMAGREEMENT11514 2. This Agreement shall be effective as of the date first above written and shall continue in full force and effect, unless terminated as herein provided, until May 31, 2019, provided however, that this Agreement may be extended on a month-to-month basis thereafter upon approval of the CITY's Manager and the COUNTY's Manager. 3. Either party may terminate this Agreement by mailing a written notice thereof by registered mail, return receipt requested, to the other thirty (30) days prior to date of termination. The COUNTY agrees to pay for any service rendered by the CITY prior to any such termination. 4. The charge for services which the CITY provides to the COUNTY under this Agreement shall be the CITY's actual direct and indirect costs of providing such service including, but not limited to, personnel expenses (direct and administrative) not to exceed $60,000. The operation, maintenance, and amortization costs of the vehicles and equipment used in providing the requested services will be billed at FEMA reimbursement rates as the same may change from time to time, presently described in Schedule A, attached hereto. The cost to perform the weekly pump stations inspection and maintenance is outlined generally and described in Item 1 of the attached Schedule A. Additional expenses, including but not limited to materials and supplies, which are required in the performance of this service shall be paid for directly by the County or reimbursed to the City by the COUNTY. 5. The CITY shall render a bill by monthly invoice to the COUNTY as service is provided. The COUNTY shall make payment to the CITY within twenty(20)days after the invoice is tendered. 6. The parties to this Agreement shall not be responsible or liable in any way for acts of God or any other acts or omissions beyond the control of the parties which may cause the interruption or discontinuance of the delivery of the CITY's services to or for the COUNTY. The CITY shall not be responsible in any way for damages caused by the failure of the COUNTY's wastewater collection and pumping facilities or by interruption of services to any customer served by said facilities other than those damages caused by the CITY's own negligence or willful misconduct. 7. This Agreement constitutes the entire agreement between the parties relating to the provision of services to and for the COUNTY by the CITY. IN TESTIMONY WHEREOF, the undersigned Chairman of Orange County Board of Commissioners, North Carolina, and the City Manager of the City of Mebane, each having been duly authorized by Resolution of the respective governing boards to execute this Agreement, have duly executed this Agreement for and on behalf of the COUNTY and the CITY to evidence the undertakings entered into as hereinabove shown in particular. The respective official seals of the COUNTY and the CITY have been affixed hereto by authority of the respective governing bodies,all as of the day and year first above written. CITY OF MEBANE COMAGREEMENT11514 ATTEST: W4<ECheek,City Manager AWII�'k. Steplianie W.Shaw,City Clerk ORANGE COUNTY ATTEST4. Bonnie B. Hammersly,CouroManager Donna Baker,County Clerk This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Date 46nne Tate, Finance Officer City Me0ane 7�'lt 11-L - 101 , bate Finan Officer 0 te Co�i4nty This document is hereby approved as to form and legality. Date La%ii��n Bro Date Jam /VI'Bryan,Staff Attorney COMAGREEMENT11514 SCHEDULE A Item 1. $200/week Visit and maintain the system's pump stations(currently Brookhollow and Richmond Hills)on at least a weekly basis to perform routine inspection and maintenance, including but not necessarily limited to the following: a. Record pump run times since last visit and record any discrepancies b. Check operation of float switches,check alarm float,clean floats, if necessary c. Exercise backup generator,check power transfer switch operation d. Visually inspect generator fuel level e. Visually inspect pump station site f. Visually inspect wetwell and clean/remove grease if necessary g. Send monthly reports of activity and inspection records to the engineering division of the Orange County Planning Department. h. Notify Orange County in the case of any issue noticed during inspection that requires maintenance or repair above and beyond the normal duties Item 2. For any work that must be done which cannot be adequately addressed by the attached fee schedule,the City of Mebane will provide a cost estimate for the work and submit to the County prior to commencement of work, unless the work is of an emergency nature and must be done immediately in the interest of public health and safety. All additional work except emergency work will be preapproved by the County and billed in accordance with this schedule as outlined in section 4. COMAGREEMENT11514