HomeMy WebLinkAbout2018-234 Solid Waste - City of Durham transfer and disposal agreement:3
NORTH CAROLINA
INTERLOCAL AGREEMENT
ORANGE COUNTY AMENDMENT 41
THIS CONTRACT AMENDMENT ( "Amendment ") is made and
entered into this day of 2018 by and between ORANGE
COUNTY (hereinafter referred to as "County ") and the CITY OF DURHAM,
North Carolina, (hereinafter referred to as "City ").
Background. The County and City entered into an Interlocal Agreement
dated July 1, 2013, under which the County delivers municipal solid waste to
the City's Transfer Station for a fee (hereinafter the "Original Agreement ").
The County and City desire to amend and extend the Original Agreement in
order to explore additional partnership opportunities, while keeping in effect all
terms and conditions of the Original Agreement not inconsistent with the terms
and conditions set forth below.
NOW THEREFORE, for and in consideration for the mutual covenants and
agreements made in the Original Agreement and herein, the parties agree to
amend the Original Agreement as follows:
1. The Term of the Original Agreement in Section 1(a) is hereby
extended through June 30, 2019.
2. Section Lb. is deleted and a new section lb is inserted as follows:
"l.b. This Agreement automatically renews unless terminated as
set forth in Section 9 of this Agreement."
3. Section 3.a. is deleted and a new Section 3 a. is inserted as follows:
"3.a. County will pay the City a per ton tipping fee for County
MSW transported to and disposed of at the Station at the rate of
the published gate rate tipping fee as it may be revised from time -
to -time, which is currently $44.50 per ton."
4. Section 4.c. is deleted and a new Section 4.c. is inserted as follows:
"4.c. The Parties acknowledge the Fee may be modified by the City Council
at any time. City will notify the County of an increase in Fee by February 1 of each
year, to become effective July 1 of that year."
5. A new Section 12 is added as follows:
"12. The Parties agree to engage the services of a consultant to
explore the possibility and options of jointly constructing a
Materials Recycling Facility for processing of recycled materials."
6. Except for the changes made herein, the Original Agreement shall
remain in full force and effect to the extent it is not inconsistent with
this Amendment.
IN TESTIMONY WHEREOF, this Amendment has been executed by the
parties hereto, as of the date first above written.
County:
Bonnie Hammersley, County Manager
ATTEST:
Clerk t t e Board
City:
Thomas Bonfield, City Manager
ATTEST:
City Clerk
NORTH CAROLINA ACKNOWLEDGMENT OF COUNTY OF ORANGE
COUNTY of ORANGE
I, a Notary Public in and for the aforesaid County and State certify that
'7>"uz et- ke ,— personally appeared before me
this day, and acknowledged that he or she is the Clerk to the Board of Commissioners for the
County of Orange, a N. C. political subdivision, and that by authority duly given and as the act of
the County, the foregoing contract or agreement with the City of Durham was signed in its
corporate name by the County Manager, sealed with its corporate seal, and attested by its said
Clerk. This the �18 `%f` day of Jt-e� 520 16
Not4y Public ````o,.�R RS0 ��,,����
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NORTH CAROLINA ACKNOWLEDGMENT OF CITY OF DURHAM
COUNTY OF DURHAM
I, a Notary Public in and for the aforesaid County and State certify that
personally appeared
before me this day, and acknowledged that he or she is the Clerk to the Board of
Commissioners for the County of , a N. C. political subdivision, and
that by authority duly given and as the act of the City, the foregoing contract or agreement
with the County of Orange was signed in its corporate name by the Manager of said City,
sealed with its corporate seal, and attested by its said Clerk. This the day of
.20
Notary Public
My commission expires: