HomeMy WebLinkAbout1996 Public Works - TJCOG, Chatham, Durham, Orange, Wake, Carrboro, Chapel Hill, Durham for regional administration of household hazardous waste collection AGREEMENT
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 1 st day of July, 1996 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").
WITNESSETH:
WHEREAS, the Local Government Parties have,pursuant to the provisions of Article 20,
Chapter 160A of the General Statutes of North Carolina,entered 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
June 30, 1996 ito 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. 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) Coordinate disposal contractor pickup of household hazardous waste stored by Local
Government Parties.
(B) Coordinate communication among the Local Government Parties and between these parties
and the disposal contractor,including arranging meetings as necessary.
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(C) Maintain communication with the North Carolina Department of Environment,Health, and
Natural Resources Solid Waste Section and other relevant state or federal agencies and respond to any
permit-related issues that may arise.
(D) Maintain up-to-date recorded information on the regional household hazardous waste hotline
established by TJCOG. Respond to messages left by callers.
(E) Provide educational programs on household hazardous waste for schools, civic clubs, and
other groups.
(F) Distribute printed educational materials on household hazardous waste and continue seeking
other ways to reach targeted audiences.
(G) Maintain a portable,table-top display on household hazardous waste to be used for
educational outreach at area festivals,fairs, and other events.
(H) Produce and place newspaper ads, write press releases, and encourage media coverage of
the household hazardous waste program.
(1) Provide information to local businesses seeking assistance with disposal of their hazardous
wastes and evaluate the feasibility of accepting hazardous waste from small quantity generators.
(J) 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 household hazardous
waste program.
(K) Provide technical assistance to Local Government Parties on regulatory and legislative issues
affecting household hazardous waste management.
(L) Gather information and provide reports to each Local Government Parry regarding
(a)the annual cost of household hazardous waste collection and disposal; (b)the types of materials and
amounts 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.
(M) Provide the Triangle Region Household Hazardous Waste Committee with staff support,
including meeting room facilities,notices,minutes,progress reports, and technical assistance.
Section 3. Term of Agreement
(A) Unless terminated earlier pursuant to Section 6,this AGREEMENT shall be in effect for a
period of one year beginning July 1, 1996,with automatically extended annual renewal terms at the end
of each successive annual term unless any party notifies the other parties in writing thirty (30)days prior
to the expiration of the term of its desire to terminate this AGREEMENT,in which case the term shall
end as scheduled.
(B) As a condition precedent to the automatic renewal of this AGREEMENT as provided in
subsection(A),TJCOG shall provide to each of the Local Government Parties not later than sixty (60)
days prior to the expiration of each annual term of the AGREEMENT a report explaining how and to
what extent TJCOG has performed within the current annual term each of the services outlined in Section
2 of this AGREEMENT. To the extent reasonably possible,this report shall be specific and quanitative.
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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 per year.
(B) Payment shall 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 $ 971.25 $1,165.50 $ 3,496.50 $2,331.00 $11,460.75
By December 31 $ 971.25 $1,165.50 $ 3,496.50 $2,331.00 $11,460.75
By March 31 $ 971.25 $1,165.50 $ 3,496.50 $2,331.00 $11,460.75
By June 30 971.25 $1,165.50 $ 3.496.50 $2,321.00 $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. Liabilb
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) Any 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. Arnendment
This AGREEMENT may be amended upon written 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 (composed of representatives from the
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Local Government Parties pursuant to the Interlocal Cooperative Agreement for Disposal of Household
Hazardous Waste dated August 8, 1994) and TJCOG after thirty (30)days written 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.
IN WITNESS WHEREOF,the Board of Delegates of TJCOG has approved and caused these
presents to be signed by its President, 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
�'
B � � �
Charles Krautler, President Attes
This instrument has been reviewedand approved as to legal form and adequacy.
By: ,.
David H. Permar,Attorney
COUNTY OF CHATHAM
By: �� le d '_ -J, - )
Uva Holland, Chairman,Board of Commissioners Attest
This instrum as viewed and approved as to legal form and adequacy.
By:
IV IV
At o y
This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act.
BY V: L S Y t�
Finance Officer
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COUNTY OF DURHAM
By:
c
Becky Heron,Chairman,Board of Commissioners Attest
This instrument has been reviewed and approved as to legal form and adequacy.
By
�t'c y
This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act.
By.
Finance Officer
COUNTY OF ORANGE
c�
By: 4Z
Moses Carey, Chairman,Board ioners Attest
This instru nt has been review,5d and approved as to legal form and adequacy.
By:
orney VY
This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act.
By:
Finance Officer
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COUNTY OF WAKE
By:
Gary Pendleton, Chairman,Board of Commissioners Attest
This instrument has been reviewed and approved as to legal form and adequacy.
By: �k Q x�"� L. " ��-
Attorney
This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act.
By:
Finance Officer
TOWN OF CA RO
By: �.
Ro W. Morgan,Town Manager Attes
CA
�paPORq
Sarah Willi so own Cl.
Ty
CA
a
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TOWN OF CHAPEL HILL
By:
W. Calvin Horton, Town Manager Attest
AW
Gayle Wilso , Solid Waste Management Dire �� �.®
� r
. g y
Town Clerk 0
� C A.R
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.
A ^_
By:
k i I. 1 Finance Sirector
CITY OF AMo�aun
a
By.
Orvi le W. Powell,City Manager c� t
This contract has been pre-audited as required by the local Government Budget and Fiscal Control Act.
By: �-'
Finance Officer
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