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HomeMy WebLinkAbout1995 TJCOG, Chatham, Durham, Orange, Wake, Carrboro, Chapel Hill, Durham for regional administration of household hazardous waste collection AGREEMENT VT'� 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 1st day of September, 1995 by and between Triangle J Council of Governments (herein referred to as "TJCOG") 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"). WITNES SETH: 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 August 8, 1994 for the purpose of arranging regional coordination of collection and disposal of household hazardous waste; and WHEREAS, the Local Government Parties engaged TJCOG for the period August 1, 1994 to August 30, 1995 to provide certain administrative and public education services regarding regional collection and disposal of household hazardous waste pursuant to the foregoing Interlocal Agreement; and WHEREAS, the Local Government Parties desire to continue to engage TJCOG for the foregoing purpose; 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. Punaose 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. Scone 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. Page 1 of 7 (C) Design and implement a uniform system for billing each Local Government Parry for household hazardous waste dropped off by its citizens in the jurisdiction of other Local Government Parties. (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 1995-96. (E) Coordinate communication among the Local Government Parties and between these parties and Laidlaw Environmental Services,including arranging meetings as necessary. (F) Maintain communication with the North Carolina Department of Environment,Health, and Natural Resources Solid Waste Section and respond to any permit-related issues that may arise. (G) Maintain contact with managers of similar programs in other areas. Actively seek out information that could be used to improve the effectiveness or efficiency of the program. (H) Provide information to local businesses seeking assistance with disposal of their hazardous wastes. (I) Maintain up-to-date recorded information on the regional household hazardous waste hotline established by TJCOG. Respond to messages left by callers. (J) Provide educational programs for schools, civic clubs, and other groups. (K) Distribute printed educational materials as follows: 103,000 brochures; 2,000 posters; trash can hangers,postcards, and flyers in adequate amounts to be determined. Continue seeking ways to reach targeted audiences. (L) Place newspaper ads, write press releases, and encourage media coverage of the program. (M) Prepare a portable, table-top display to be used for educational outreach at area festivals, fairs, and other events. (N) Produce and release radio public service announcements regarding the program. (0) An-ange for appropriate revision of the video about the Cumberland County Household Hazardous Waste Collection program to address the Triangle program. (P) Gather information and provide reports to each Local Government Party regarding (a) the total cost of household hazardous waste collection and disposal for FY 95-96; (b) the types of materials and ai-nounts of household hazardous waste collected; (c)the effectiveness of program elements and reporting systems; and(d)resident opinion regarding the collection program and the educational effort. (Q) 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 September 1, 1995 or on the date this AGREEMENT is signed, whichever is later, and shall be completed by June 30, 1996. Page 2 of 7 Section 4. Compensation (A) For the services described in Section 2 above,the Local Government Parties agree to pay to TJCOG the suin of$77,700. (B) Payment will be made to TJCOG according to the following schedule through the following sources: Date Chatham Co. Durham Co. Durham City Chapel Hill Wake Co. By September 30, 1995 $ 971.25 $1,165.50 $ 3,496.50 $2,331.00 $11,460.75 By December';1, 1995 $ 971.25 $1,165.50 $ 3,496.50 $2,331.00 $11,460.75 By March 31, 1996 $ 971.25 $1,165.50 $ 3,496.50 $2,331.00 $11,460.75 By June 30, 1996 971.25 1 1 5 $ 3.496.50 $2,331.00 $11.460.75 Total $3,885.00 $4,662.00 $13,986.00 $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. Lia Lily 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. Amfmdment and Renewal (A) Thais 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 Page 3 of 7 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 Charles Krautler, President Attest This instrument has en ref . wed and approved as to legal form and adequacy. By: David H. Permar, Attorney COUNTY OF CHATHAM By. �.�iL RJb� +�-ICJ Uva Holland, Chairman, Board of Commissioners Attest This instru has been reviewed and approved as to legal form and adequacy. By: ttomey This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: S A C Finance Officer Page 4 of 7 COUNTY OF DURHAM By: t � loor a" Becky Heron, Chairman, Board of Commissioners Attest This instrume t has been reviewed nd approved as to legal form and adequacy. y: Atto ey This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: 5' S� Finance Of icer COUNTY OF ORANGE By: Moses Carey, Chairman, Board mmissioners Attest This instrument has been reviewed and approved as to legal form and adequacy. B,y• _. omey This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. Finance O,f�f icier Page 5 of 7 COUNTY OF WAKE By: Zd C'�'Jw A=-)� Gary Pendleton, 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. Finance Officer TOW7OFRBORO By: �221"sc'.(= /obert W. Morgan, Town Manager •r� CRB \��pAPORg 0 % Sarah Williamson,Town Clerk = � 1911 TM CAR��"�`'� Page 6 of 7 TOWN OF CHAPEL HILL u 'v�'BY� W. Calvin Horton, Town Manager Attest rr) CW 0" (_.'�J-A Lla", Gayle Wilson, olid Waste Management Director Q M •�Town Clergy: �• •��' �; � ¢' This instrument has been reviewed and approved as to legal form and a ry'PAL By: Attorney This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: #ance Director v j utf CITY OFD H i + 1. By: ` Orville W. '.Powell, City Manager Attes This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act. By: '/"--- .5� Finance Officer Page 7 of 7 P i Lill!"� 4 TRIANGLE J COUNCIL OF GOVERNMENTS W o r l d C 1 8 S S 100 Park Drive,P.O.Box 12276 Research Triangle Park,NC 27709 R e g i o n 919.549.0551 FAX:919.549.9390 Date: October 16, 1995 To: Distribution From: Leigh Scott (I've rec y opped the Prater) Re: HHW Contract Here's your copy of the signed agreement pertaining to regional coordination of the HHW collection program. This agreement provides for the services of Tri- angle J through the end of this fiscal year (June 30, 1996). 1 will keep you peri- odically updated concerning our progress through monthly reports, and you should feel free to call me on 558-9400 whenever you have any specific ques- tions or comments. I have enjoyed working with you on this project during the past year, despite the fact that permitting, design and construction of our collection centers has taken longer than we had originally anticipated. I am looking forward to meeting some exciting milestones in the coming months. Distribution: Chuck Hill Chris Peterson Nancy.New Igl ` Blair Pollock Wilbert McAdoo Matt Young