HomeMy WebLinkAbout2023-521-E-Solid Waste-Triangle J-MOU dues Solid Waste ConsortiumMemorandum of Agreement
Triangle Region Solid Waste Consortium
THIS AGREEMENT, made _September 25th_ 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: 228640EE-D676-420F-904A-91ACA888BAF2
3. Length of Contract
The Council shall ensure that all services required herein shall be provided during the period
beginning on July 1, 2023 and ending June 30, 2024.
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 $2,806.70. Payment will be
invoiced in July 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: 228640EE-D676-420F-904A-91ACA888BAF2
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: 228640EE-D676-420F-904A-91ACA888BAF2
Executive DirectorCounty Manager
Attachment A: Budget
Member
Government
2020 ACS
5-year
Estimate
Percent of
Total
Population
Base Amount Dues Based on
Population
Total
Raleigh 469,698 20% $
1,500.00
$
4,193.63 $ 5,693.63
Wake County
(Entire County)
1,091,662 46% $
1,500.00
$
9,746.75 $ 11,246.75
Durham 276,341 12% $
1,500.00
$
2,467.27 $ 3,967.27
Durham County
(Unincorporated)
41,324 2% $
1,500.00
$
368.96 $ 1,868.96
Holly Springs 36,595 2% $
1,500.00
$
326.73 $ 1,826.73
Orange County
(Entire County)
146,354 6% $
1,500.00
$
1,306.70 $ 2,806.70
Chatham County
(Unincorporated)
60,081 3% $
1,500.00
$
536.05 $ 2,036.05
Cary 169,177 7% $
1,500.00
$
1,510.47 $ 3,010.47
Apex 55,220 2% $
1,500.00
$
493.02 $ 1,993.02
Total 2,346,452
Total Contract Cost $
34,449.58
$
13,500.00
$
20,949.58
$ 34,449.58
DocuSign Envelope ID: 228640EE-D676-420F-904A-91ACA888BAF2
Attachment B: Work plan for FY 24
Organizational Items
1. Work with local governments who intend to continue as or become Consortium members to
secure executed Memoranda of Agreements by or around June 30, 2023.
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 the consortium to
develop topics for 6+ meetings based on related topics of interest.
3. Collect Material Recovery Facility (MRF) contracts executed by consortium members in 2023,
summarize and upload to Microsoft Teams Website.
4. Continually update Microsoft Teams Website to house documents that will be relevant to
consortium members including but not limited to contracts, RFPs, public messaging documents,
etc. relevant to the goals of the consortium.
5. Work with the Consortium to develop governance documents as needed.
5-Year Strategy Development with Measurable Outcomes
1. Organize meetings around the following topics (subject to change and/or be expanded on) that
are of important relevance to consortium members:
i. Composting
1. Food Waste
2. Yard Waste
ii. Electric Vehicles
1. Purchasing
2. Lessons learned
iii. Landfills
1. Waste Diversion
2. Waste to Energy
3. Future landfills
iv. Recycling
1. Strategies for obtaining uniform MRF contract rates
2. Joint efforts on hard to-recycle or unique items
3. Joint messaging and promotion efforts
2. As needed, create working groups that convene around the following topics in addition to
regularly scheduled bi – monthly meetings. The intention of working groups is to help develop
and execute action items that are of both short term and long-term interest for the consortium.
3. Continued review of successful regional solid waste efforts and formal long-term strategy
development and arranged presentations as needed.
DocuSign Envelope ID: 228640EE-D676-420F-904A-91ACA888BAF2
Additional Solid Waste Work Plan Items
1. Continued monitoring of trends and local, state, and federal policies that will affect consortium
members’ operations.
2. As needed, identify areas where technical assistance and information on best practices can be
provided (ex. Green-building procurement laws, LCID permitting, PFAS regulations)
3. Research grants and funding opportunities that can be jointly pursued, with particular emphasis
on 2024 “Solid Waste Infrastructure for Recycling” and “Reduce, Reuse, Recycle Education and
Outreach” grants offered by EPA.
4. Develop Fiscal Year 2024-25 Work plan and Budget for the Consortium’s consideration by
January 30, 2024, and approval by March 31, 2024.
DocuSign Envelope ID: 228640EE-D676-420F-904A-91ACA888BAF2
Revised 04/23
1
ORANGE COUNTY—INTERNAL USE ONLY
______________________________________________________________________________
Finance Information
Vendor Name: Triangle J Vendor Contact Person: Lee Worsley Phone: 919.549.0551 Address:
4307 Emperor Blvd., Suite 110 City Durham State: NC Zip: 27703 Department: Solid Waste
Amount: $2,807 Purpose: MOU dues Solid Waste Consortium Budget Code(s): 50350020-630000
Vendor # 5855 Vendor Status with NCSOS: Active Non Profit Vendor is a BOCC consultant: Yes No
Contract Details
Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment )
Effective Date 9-25-2023 End Date June 30, 2024 Notice Date (Notice Purpose )
Award
Approved by Board (Agenda Date: ); Made or Administered by
Signature Authority
- BOCC Express Delegation (Agenda Date: )
- Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000
- Budget Policy Section XV (Capital Improveme nt Project: )
Bidding
Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# )
Department Affirmation
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.
Services related to this agreement have already begun or been completed. Description of the nature of the
emergency condition that was addressed:
Department Director’s Signature ________________________________________ Date: ________
Information Technologies
This agreement has been reviewed and is approved as to information technology content and specifications:
Office of the Chief Information Officer___________________________________ Date: ________
Inapplicable because no hardware/software purchases or related services
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
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:
Received for record retention:
Office of the Clerk to the Board __________________________________________Date:_________
DocuSign Envelope ID: 228640EE-D676-420F-904A-91ACA888BAF2
9/20/2023
9/22/2023
9/25/2023
9/25/2023