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HomeMy WebLinkAbout2022-141-E-Solid Waste-City of Rocky Mount-MOU for use of two vehicles DocuSign Envelope ID:78ED2FD7-AE51-42E6-9C24-DC103577AEBB Memorandum of Understanding THIS Memorandum of Understanding made this the 8th day of April,2022 by and between the City of Rocky Mount, North Carolina ("City"), a North Carolina municipal corporation, and Orange County ("County"), a political subdivision of the State of North Carolina, for the use of two front load vehicles as set forth below. Whereas, due to major mechanical failures and supply chain issues, the City of Rocky Mount is in need of front load trucks; and Whereas, Orange County Solid Waste has two front end trucks slated for auction; and Whereas the County was contacted by the City of Rocky Mount with a request to purchase said trucks for fair market value; and Whereas the sale by the County and the purchase by the City of the vehicles require governing Board approval; and Whereas the City has an immediate need for the trucks and the County is willing to assist the City pending Board consideration of the sale of the trucks. Now, therefore, the County will allow the City to pick up and use the 2009 Peterbilt Frontend Loader Vehicle, VIN 3BPZLOOXX9F719122 and the 2009 Peterbilt Frontend Loader Vehicle, VIN 3BPZXOEX19FT19779 (the "Vehicles"). The pickup of the Vehicles will be from the Orange County Solid Waste landfill at such time as agreed by the parties. The City shall provide insurance coverage of the Vehicles to be effective immediately upon taking possession. Upon taking possession of the Vehicles the City shall be responsible for all costs related to the pickup and use of the Vehicles, including without limitation all maintenance, repairs, and any damages to the Vehicles related to or arising from the City's use of the Vehicles. The City shall, to the extent authorized by North Carolina law, and without limitation defend, indemnify, and hold harmless the County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission related to the City's use of the Vehicles. Upon approval, if any, of the Orange County Board of County Commissioners ("BOCC") sale of the Vehicles to the City, the City will pay to the County an amount equal to Sixty Thousand Dollars for each vehicle. In the event the BOCC does not approve the sale of DocuSign Envelope ID:78ED2FD7-AE51-42E6-9C24-DC103577AEBB the Vehicles to the City, the City will, at its sole cost, return the Vehicles to the County within two business days of such denial. Should the sale be approved the parties shall complete all documentation necessary to complete the sale and transfer title. This Memorandum of Understanding is between the Town of Rocky Mount and Orange County, NC for the Town's use of the Vehicles. IN WITNESS WHEREOF, the parties hereunto cause this agreement to be executed in their respective names. ORANGE COUNTY, NC DocuSigned by: f jbl�,luf. �cuMtMt,V'S�,t,� �9'9'4875g COUNTY MANAGER TOWN OF ROCKY MOUNT DocuSigned by: FB&&FOOE73F# INTERIM TOWN MANAGER DocuSign Envelope ID:78ED2FD7-AE51-42E6-9C24-DC103577AEBB ORANGE COUNTY—DEPARTMENT USE ONLY Party/Vendor Name: City of Rocky Mount Party/Vendor Contact Person: Peter F. Varney Contact Phone: 252-972 1325 Party/Vendor Address:Frederick E.Turnage Municipal Building 331 S.Franklin St. City Rocky Mount State: NC Zip: 27804 Department: Solid Waste Amount: N/A Purpose: MOU for use of two vehicles Budget Code(s): N/A Vendor# (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑ No® Contract Type: (Check one)New ® Renewal ❑ Amendment ❑ Effective Date 4-8-22 Approved by Board Yes❑ No® Agenda Date: --- For Section XIV. c. contracts only, Approved by Board in Current FY Budget Yes❑Nor-1 This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated p R91K1@ /tf tI6n of the agreement: }fib(/ wll�,�auMS 4/7/2022 Department Director's Signature €96F843690496... Date: Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: Information Technologies (Applicable only to hardware/software purchases or related services)This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: Risk Management This agreement is approved for sufficien p4am+t 9ft standards,specifications,and requirements: aura. rbvvu,TTb 4/8/2022 Office of the Risk Management Office 7Fnr.FQ17rAnn4QR Date: Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: DocuSigned by: Office of the Chief Financial Officer Date:4/12/2022 Legal Services This agreement is approved as to 1 T'wfflgatOwufficiency: ,�b�t,ln, I°bl�t,v¢s 4/13/2022 Office of the County Attorney Date: Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: Revised 06/21