Loading...
HomeMy WebLinkAbout1994 Co Manager - TJCOG, Chatham, Durham, Orange, Wake, Carrboro, Chapel Hill, Durham for regional administration of household hazardous waste collection AGREEMENT TX- V BETWEEN TRIANGLE J COUNCIL OF GOVERNMENTS AND THE COUNTY OF CHATHAM, THE COUNTY OF DURHAM, THE COUNTY OF ORANGE, THE COUNTY OF WAKE, THE TOWN OF CARRBORO, THE TOWN OF CHAPEL HILL, AND THE CITY OF DURHAM CONCERNING REGIONAL ADMINISTRATION OF HOUSEHOLD HAZARDOUS WASTE COLLECTION This AGREEMENT is entered into this day of , 1994 by and between Triangle J Council of Governments (herein referred to as "TJC ") and the County of Chatham,the County of Durham,the County of Orange,the County of Wake,the Town of Carrboro, the Town of Chapel Hill, and the City of Durham(herein referred to as "the Local Government Parties"). WITNESSETH: WHEREAS, the Local Government Parties have,pursuant to the provisions of Article 20, Chapter 160A of the General Statutes of North Carolina,entered into an Interlocal Agreement dated , 1994 for the purpose of arranging regional coordination of collection and disposal of household hazardous waste; and WHEREAS,the Local Government Parties desire to engage TJCOG to provide certain administrative and public education services regarding regional collection and disposal of household hazardous waste pursuant to the foregoing Interlocal Agreement; NOW,THEREFORE,in consideration of the mutual goals and covenants contained herein, and the mutual benefits to result therefrom, the parties agree as follows: Section 1. Purpose The purpose of this Agreement is to provide for regional administration and regional public education for collection and disposal of household hazardous waste within the jurisdictions governed by the Local Government Parties. Section 2. Scope of Work TJCOG agrees to provide the following services: (A) Design and implement a system for scheduling disposal contractor pickup of household hazardous waste stored by Local Government Parties. (B) Design a uniform system for reporting materials and amounts of household hazardous waste collected from each Local Government Party. (C) Design and implement a uniform system for billing each Local Government Party for household hazardous waste dropped off by its citizens in the jurisdiction of other Local Government Parties. 1 (D) Design and implement a system for reporting to each Local Government Party the total cost of household hazardous waste collection and disposal for fiscal year 1994-95. (E) Design,produce,and help distribute to target groups 103,000 educational pamphlets (50,000 for use in Wake County, 30,000 for use in Durham County, 15,000 for use in Orange County, and 8,000 for use in Chatham County) and 2,000 posters regarding household hazardous waste. The pamphlets and posters will contain basic information about the collection program and about alternatives, reduction strategies, and available resources. (F) Design and place newspaper ads regarding household hazardous waste collection and source reduction. (G) Coordinate the use of volunteer assistance to design,produce, and release radio public service announcements regarding household hazardous waste collection and source reduction. (H) Create news releases and media events regarding the opening of the household hazardous waste collection site by each Local Government Parry. (I) Furnish and keep updated a menu-driven regional telephone information line regarding household hazardous waste collection and source reduction. (J) Conduct and produce a report on a survey of the solid waste directors of the Local Government Parties to determine the effectiveness of • the system for scheduling disposal contractor pick-up of household hazardous waste; • the system for reporting household hazardous waste materials and amounts collected; • the system for billing Local Government Parties for household hazardous waste dropped off by their citizens within the jurisdictions of other Local Government Parties; • the system for reporting household hazardous waste collection and disposal costs to each Local Government Party; and • the telephone information line. (K) Design and produce a report on a survey to be used by each Local Government Party for each resident dropping off household hazardous waste,including questions regarding the source and effectiveness of the information they received about the program. (L) Provide the Triangle Region Household Hazardous Waste Committee with staff support, including meeting room facilities, notices,minutes,progress reports,and technical assistance. Section 3. Time of performance The scope of work to be performed by TJCOG under this AGREEMENT shall commence on July 1, 1994 or on the date this AGREEMENT is signed,whichever is later, and shall be completed by August 31, 1995. Section 4. Compensation (A) For the services described in Section 2 above,the Local Government Parties agree to pay to TJCOG the sum of$77,700. 2 (B) Payment will be made to TJCOG according to the following schedule through the following sources: Date Chatham Co. Durham Co. Durham City ChaRel Hill Wake Co. By September 30, 1994 $ 971.25 $1,554.00 $ 3,108.00 $2,331.00 $11,460.75 By December 31, 1994 $ 971.25 $1,554.00 $ 3,108.00 $2,331.00 $11,460.75 By March 31, 1995 $ 971.25 $1,554.00 $ 3,108.00 $2,331.00 $11,460.75 By June 30, 1995 971.25 $1 4 0 $ 3,108.00 $2.331.00 $11.460.75 Total $3,885.00 $6,216.00 $12,432.00 $9,324.00 $45,843.00 (C) The above payment from the Town of Chapel Hill will be on behalf of the Town of Chapel Hill,the Town of Carrboro, and Orange County. Section 5. LiabilitX The parties agree that it is not within the scope of work of TJCOG to ensure compliance of either the Local Government Parties or the Local Government Parties'private disposal contractor with applicable federal, state,or local statutes,ordinances,or common law or with private contracts between the Local Government Parties and private disposal contractors regarding household hazardous waste collection, storage,or disposal. The Local Government Parties agree to hold TJCOG harmless to the extent permitted by applicable law for any liability arising out of collection, storage, and/or disposal of household hazardous waste by the Local Government Parties and/or their private disposal contractors. Section 6. Suspension or termination (A) Either party may suspend or terminate this AGREEMENT in whole or in part upon sixty (60) days written notice for cause. Cause shall include the following: (1) ineffective or improper use of funds; (2) failure to comply with the terms and conditions of this AGREEMENT; (3) impossibility or unfeasibility of performance. (B) Should the separate agreement entitled"Interlocal Cooperative Agreement for Disposal of Household Hazardous Waste" be terminated pursuant to paragraph 10 of that Agreement,then this AGREEMENT may be terminated upon consent of all the government parties hereto after thirty(30)days written notice to the parties to this AGREEMENT. Section 7. Amendment and Renewal (A) This AGREEMENT may be amended upon consent of all parties hereto after thirty (30)days written notice; provided,however,that Section 2, Scope of Work, may,upon unanimous consent of the Triangle Region Household Hazardous Waste Committee and TJCOG after thirty (30) days written 3 notice, be amended in a manner which does not increase the compensation paid under the AGREEMENT or the general purposes and intent of the AGREEMENT. (B) This AGREEMENT is renewable for additional terms at the discretion of the parties. IN WITNESS WHEREOF, the Board of Delegates of TJCOG has approved and caused these presents to be signed by its Acting Executive Director, and the Board of Commissioners of the Local Government Parties which are 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 Local Government Parties which are 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 Local Government Party spread upon their minutes, the day and year first above written. TRIANGLE J COUNCIL OF GOVERNMENTS 6"11"11 By: Kimberly Brewer,Acting Executive Director This instrument has been vie and approved as to legal form and adequacy. By: G David H. Permar, Attorney COUNTY OF CHATHAM By: Henry . Dunlap, Chairman,Board of Commissioners Attest This instrumen h 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. � �L4 By: 5/ 6 Finance Officer 4 COUNTY OF D AM By: Willi Bell, Ch ' an,Board of Commissioners Attest s instrument has been review and approved as to legal form and adequacy. (:By: ey This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: Finance Officer COUNTY O ORANGE :By Moses Carey, Chairman, Board f mmissioners Attest This instrument has been review and approved as to legal form and adequacy. By: ��4" At to o This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: Finance Officer 5 COUNTY F WAKE By: Vernon Malone, Chairman, Board of Commissioners Attest ^ This instrument has been reviewed and approved as to legal form and adequ This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: �r-�`►- - Finance Officer TOWN OF CARRBORO � ►•, a «;`�, By., Eleanor Kinnaird, ayor Attest " s Q, This instrument has n adequacy. s bee reviewed and approved as to legal form and By: �� Attorney This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By. �• /� Finance Officer 6 t- i gF,L `® TOWN OF CHAPEL HILL x� d By: Kenneth Broun, Mayor CAI This instrument has been reviewed and approved as to legal form and adequacy. B y: 44,6—0-/N L) Attorney This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: i ance Officer •� �vrr `� o CITY OF DUR pyp''�•..,,,, .••p� © By: Orville W. Powell, City Manager Atte This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: GUitsr� � Finance Officer 7