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HomeMy WebLinkAbout2018-234 Solid Waste - City of Durham solid waste fees aar :3y NORTH CAROLINA INTERLOCAL AGREEMENT ORANGE COUNTY AMENDMENT#1 THIS CONTRACT AMENDMENT ("Amendment") is made and entered into this J day of 2418 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 ofthe Original Agreement in Section 1(a)is hereby extended through June 30, 2019. 2. Section 1.b. is deleted and a new section 1b is inserted as follows: "1.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 $44.50 per ton." 4. Section 4.c. is deleted and a new Section 4.c. is inserted as follows: "4.c. The Parties acknowledge the Fee may be modified by the City Council at any time. City will notify the County of an increase in Fee by February 1 of each year,to become effective July 1 of that-year." S. A new Section 12 is added as follows: "12. The Parties agree to engage the services of a consultant to explore the possibility and options of jointly constructing a Materials Recycling Facility for processing of recycled materials." b.Except for the changes made herein,the Original Agreement shall remain in full force and effect to the extent it is not inconsistent with this Amendment. IN TESTIMONY WHEREOF,this Amendment has been executed by the parties hereto, as of the date first above written. County: City.. Thomas:I-. 9,tzf"t id Bonnie Halnm'ersley, Co tY Manager nt5A44� ld, City Manager Antsr. � �►pF n��h� i ATTEST: ATTEST: ='a fie l Ashley Wyatt Deputy City C kr[c � ••• ••••• P Y 41'. G Aft The City of Durham,NL •n„�„+,�a Clerk t t e Board City Clerk T NORTH CAROLINA ACKNOWLEDGMENT OF COUNTY OF ORANGE COUNTY of ORANGE I,a Notary Public in and for the aforesaid County and State certify that r � ,&Acrr' personally appealed b6ore one this day,and acknowledged that he or site is the Clerk to the Board of Comintissioners for the County of Orange,a N.C.,political subdivision,and that by authority duly given and as the act:of the County,the foregoing contract or agreement with the City of Durham was signed in its corporate name by the County Manager,sealed with its corporate seat,and attested by its said Clerk. This the :2&4``•'4' day of Jlw� 20 /1, Not&y Public ,FA 1NGeo'S�M,ycornmissior►expires: „�� - R Y '= CJ Wei Instrument has been pro-au&ed in a mumor requircd by the LOCO 4pve=eInt = fi Budget and Fiscal Control Act. S PU gl.��' 0. °j�t�►aririnnss+ � Kehl L H$ s=►%Flrranee Officer