HomeMy WebLinkAbout2022-640-E-Solid waste-Triangle J-MOU Dues Solid Waste ConsortiumMemorandum of Agreement
Triangle Region Solid Waste Consortium
THIS AGREEMENT, made December 20,2022 by and between Triangle J Council of Governments,
hereinafter called the “Council”, and the County of Orange, hereinafter called the “County.” The Council
and the County shall collectively be referred to as the “Parties.”
WITNESSETH
WHEREAS, the Council operates to provide planning and technical assistance to local governments and
for region-wide projects in Region J as empowered by the North Carolina General Statutes and by its
Charter Resolution, adopted by all member governments of the Council; and
WHEREAS, the County requests that the Council provide such technical assistance, as detailed in the
following Scope of Work and further outlined in a yearly work plan; and
NOW, THEREFORE, the Council and the County mutually agree to the following:
1. Scope of Work
The County hereby agrees to engage the Council and the Council agrees to perform in a
satisfactory and proper manner the work below:
a) Provide staff to convene the Triangle Regional Solid Waste Consortium (“Consortium”)
and to facilitate communication and meetings among the Consortium members.
b) Provide staff to work with Consortium members to develop governance structure and
appropriate governance documents.
c) Provide staff to conduct analysis and provide recommendations on behalf of the
Consortium.
d) Provide staff to work with the Consortium to develop a strategy on regional approaches
in the areas of solid waste collection and disposal, recycling, biosolids, composting, yard
waste, household hazardous waste, and other services that the Consortium determines
is appropriate to study and/or develop strategies around.
e) Provide staff to develop regional outreach and education related to recycling and solid
waste issues.
f) Provide staff to work with the Consortium to implement priority needs.
g) Provide staff to develop Interlocal agreements and joint contracts and to, maintain,
administer, evaluate, and monitor agreements and contracts for the provision of
services or when any of these activities are deemed beneficial to the Consortium
members.
h) Develop a yearly work plan and budget, which will be approved by Consortium members
each year.
2. Responsibility of the County
a. County will provide appropriate representation to the Consortium and will actively
participate in the Consortium’s activities.
DocuSign Envelope ID: 43B548B0-52AD-4817-AA95-F1FCF26FB940
3. Length of Contract
The Council shall ensure that all services required herein shall be provided during the period
beginning on July 1, 2022 and ending June 30, 2023.
4. Assignability
The Council shall not assign any interest in this Agreement and shall not transfer any interest in
the same, whether by assignment or substitution, without the prior written consent of the
County or unless specifically contained in the Scope of Work set forth in Section 1 above.
5. Compensation and Method of Payment
The County will pay the Council for the services provided hereunder as stipulated in the yearly
work plan attached hereto. Inclusive in the amount are associated travel costs and expenses
directly related to the project. The total cost of this Agreement is $2,784.32. Payment will be
made in four (4) equal quarterly payments, invoiced in July, October, January, and April of each
year. The “Effective Date” is that date upon which the last Party executes this Agreement.
6. Termination of Memorandum of Agreement for Cause
If, for any cause, the Council shall fail to fulfil in a timely and proper manner its obligations
under this Agreement, or if the Council shall violate any of the covenants, agreements, or
stipulations of this Agreement, the County shall have the right to terminate this Agreement by
giving written notice to the Council of its intent to terminate at least thirty (30) days before the
termination is effective. During the thirty-day notification period, the Council shall have the
opportunity to remedy any failure or violations to avoid termination of the Agreement. If
termination occurs, the Council shall be entitled to receive just and equitable compensation for
all satisfactory work completed.
7. Changes
The County may request changes in the Scope of Work to be performed by the Council
hereunder. However, suggested changes must be agreed upon by a majority of the then-active
Consortium members. The changes that are mutually agreed upon shall be incorporated as
written amendments to this Agreement.
8. Records
The Council shall maintain financial records pertaining to this Agreement for (3) three years
after termination of the Consortium or until disposal of records is allowed by the State of North
Carolina Records Retention Schedule for Councils of Governments, whichever is longer.
9. Access to Records
The Council shall have access to appropriate records on file at the County which are necessary
for Council staff to fulfil the terms of this Agreement.
DocuSign Envelope ID: 43B548B0-52AD-4817-AA95-F1FCF26FB940
10. Interest of Contractor
The Council covenants that it presently has no interest and shall not acquire an interest, direct
or indirect, that would conflict in any manner or degree with the performance of services
performed under this Agreement. The Council further covenants that in the performance of this
Agreement, no person having any such interest shall knowingly be employed.
11. Findings Confidential
Any reports, information, data, etc., given to, or prepared or assembled by, the Council under
this Agreement that the County requests to be kept confidential shall not be made available to
any individual or organization other than the County, as required by law.
12. Complete Agreement
This Agreement contains the complete agreement of the Parties and may not be modified in any
respect except by written amendment hereto.
13. Applicable Laws
The Parties agree that this Agreement is to be governed, construed, and enforced in accordance
with all of the laws of the State of North Carolina.
14. Indemnification
To the extent allowed by law, the Council agrees to indemnify, hold harmless and defend the
County as well as its directors, officers, employees, and agents against all claims for personal
injury or property damage or both, including reasonable attorney’s fees and the cost of defense
resulting or alleged to result from any act or omission of the Council or its employees or agents
in performing or failing to perform any of its obligations under this Agreement.
To the extent allowed by law, the County agree to indemnify, hold harmless and defend the
Council as well as its director, officers, employees and agents against all claims for personal
injury or property damage or both including reasonable attorney’s fees and the cost of defense
resulting or alleges to result from any act or omission of County or its employee or agents in
performing or failing to perform any of its obligations under this Agreement.
IN WITNESS WHEREOF, each party has caused this Agreement to be duly executed under seal on
the day and year first above written.
County of Orange Triangle J Council of Governments
By: ________________________ By: _________________________
Title: _______________________ Title:________________________
DocuSign Envelope ID: 43B548B0-52AD-4817-AA95-F1FCF26FB940
Executive DirectorCounty Manager
Attachment A: Budget
Member
Government
July 2018
Estimate
Percent of
Total
Population
Base Amount Dues Based on
Population
Total
Raleigh 463,115 21% $
1,500.00
$
4,085.81
$ 5,585.81
Wake County
(Entire County)
1,070,197 48% $
1,500.00
$
9,441.76
$ 10,941.76
Durham 264,686 12% $
1,500.00
$
2,335.18
$ 3,835.18
Durham County
(Unincorporated)
43,173 2% $
1,500.00
$
380.89
$ 1,880.89
Holly Springs 33,341 1% $
1,500.00
$
300.56
$ 1,800.56
Orange County
(Entire County)
145,574 6% $
1,500.00
$
1,284.32
$ 2,784.32
Chatham County
(Unincorporated)
58,009 3% $
1,500.00
$
511.78
$ 2,011.78
Cary 159,489 7% $
1,500.00
$
1,407.08
$ 2,907.08
Total 2,237,584
Total Contract Cost $
32,000.00
$
12,000.00
$
19,747.38
$ 31,747.38
DocuSign Envelope ID: 43B548B0-52AD-4817-AA95-F1FCF26FB940
Attachment B: Work plan for FY 23
Triangle J Council of Governments’ staff (Staff) will provide the following deliverables to the Consortium
during Fiscal Year 2022-23.
Organizational Items
1. Work with local governments who intend to continue as or become Consortium members to
secure executed Memoranda of Agreement by June 30, 2022.
2. Convene the members of the Consortium no fewer than six (6) times during the fiscal year. Staff
will develop agendas, develop meeting notes, etc. Staff will work with consortium to develop
topics for 6+ meetings based on related topics of interests.
3. Update Microsoft Teams Website to be better conducive for Consortium Members to share
documents and communicate with each other by August 1, 2022.
4. Work with the Consortium to develop governance documents as needed.
Solid Waste Work Plan Items
5. Continued review of successful regional solid waste efforts and arrange for presentations as
needed.
6. Consistently research and provide communication to Consortium members on best practices,
regional opportunities, grant opportunities, and other news and information of importance to
the Consortium and Consortium members.
7. Follow development of the “Solid Waste Infrastructure for Recycling” and “Reduce, Reuse,
Recycle Education and Outreach Grants” and opportunities that become available through the
Bipartisan Infrastructure Law.
8. Identify areas for further collaboration pertaining to food and yard waste composting and
reduction efforts in Consortium jurisdictions.
9. Identify areas for collaboration pertaining to the renewal of MRF contracts by September 30,
2022.
10. Pending results of action item 8, develop an RFP for a feasibility study for combining recycling
waste streams for improved economics.
11. Study and identify areas for collaboration on future waste disposal related to local landfills and
energy-from-waste initiatives.
12. Develop a five-year strategy with measurable outcomes for the Consortium by December 2,
2022.
13. Develop Fiscal Year 2021-22 Work plan and Budget for the Consortium’s consideration by
January 30, 2023, and approval by March 31, 2023.
DocuSign Envelope ID: 43B548B0-52AD-4817-AA95-F1FCF26FB940
Revised 07/20
ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Party/Vendor Name: Triangle J Party/Vendor Contact Person: Lee Worsley Contact Phone: 919.549.0551
Party/Vendor Address: 4307 Emperor Blvd., Suite 110 City Durham State: NC Zip: 27703
Department: Solid Waste Amount: $2,785 Purpose: MOU Dues Solid Waste Consortium Budget Code(s):
50350020-630000 Vendor # N/A (N/A if new vendor) Vendor is a BOCC consultant? Yes No
Contract Type: (Check one) New Renewal Amendment Effective Date December 20, 2022 Approved
by Board Yes No Agenda Date:
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 prior to execution of the agreement:
Department Director’s Signature ________________________________________ 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 sufficiency of insurance standards, specifications, and requirements:
Office of the Risk Management Officer___________________________________ Date: _________
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control
Act:
Office of the Chief Financial Officer ____________________________________ Date: _________
Legal Services
This agreement is approved as to legal form and sufficiency:
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:_________
DocuSign Envelope ID: 43B548B0-52AD-4817-AA95-F1FCF26FB940
12/15/2022
12/16/2022
12/16/2022
12/16/2022