HomeMy WebLinkAboutAgenda 10-17-23; 8-d - Request for Approval of the Proposed Memorandum of Understanding between Orange and Durham Counties for the Storage and Implementation of the Mobile Poultry Processing Unit 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 17, 2023
Action Agenda
Item No. 8-d
SUBJECT: Approval of the Proposed Memorandum of Understanding between Orange and
Durham Counties for the Storage and Implementation of the Mobile Poultry
Processing Unit
DEPARTMENT: Cooperative Extension
ATTACHMENT(S): INFORMATION CONTACT:
1. Durham & Orange County Mobile Jonathon Smith, County Extension
Processing Unit Program Director, 919-245-2057
Memorandum of Understanding
2. Mobile Processing Unit Program
User Agreement
PURPOSE: To approve of the Memorandum of Understanding between Orange and Durham
Counties for the storage and implementation of a Mobile Poultry Processing Unit.
BACKGROUND: There currently are no small poultry processing operators in North Carolina to
process poultry raised on-farm. The only facility in the state closed in 2017, and the US
Department of Agriculture allowed for a special exemption to allow meat processors in North
Carolina to process poultry. This special exemption ended in December 2022, leaving small farms
with the burden of purchasing thousands of dollars of equipment to process their flock on farm.
A solution employed by other NC counties is the rental of a mobile processing unit (MPU) for
processing a small flock of poultry. These units allow for the processing of poultry to be much
quicker, cleaner, and safer for the small farm owner or operator. Additionally, it can help new and
beginning farmers to enter a market that would otherwise require a high amount of capital
expenditure. There have been no MPUs within Durham or Orange counties for rent, and the
nearest ones are not available to Durham and Orange producers due to location and/or high
demand.
Durham County Cooperative Extension purchased an MPU and a trailer to house the MPU in
2022 from funds earned from the implementation of NC Farm School with other County Extension
partners, including Orange County Cooperative Extension. The MPU will allow current farmers
of pasture raised birds, as well as new and beginning farmers interested in starting a small poultry
farm, options for processing their birds on-farm. This also supports the resiliency of the food
system by creating another avenue for locally grown food in Durham and Orange counties. The
users of the MPU will be required to participate in training delivered by Extension personnel prior
to renting the MPU and as well as sign a user agreement (See Attachment 2).
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Durham County currently does not have the space to house this equipment safely at the Durham
County Cooperative Extension Agriculture Building. The Durham County Center and the Orange
County Center of NC Cooperative Extension have agreed to partner together to implement an
MPU rental program, which will include mandatory education and the user agreement. It is
proposed that the MPU be stored at the Bonnie B. Davis Environmental &Agricultural Center and
Orange County Extension Agents be charged with managing the check-out and user return
processes. The revenue from the rentals will be used to support the upkeep and maintenance of
the unit and training and education costs associated with the program. Rental rates will be set
annually and are currently $50 for a three-day rental and $75 for a five-day rental. Additional
revenue could be utilized for additional agriculture programming to support new and beginning
farmer programming through a collaborative program between Durham and Orange counties.
FINANCIAL IMPACT: There is no financial impact associated with this item.
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal associated with this
item.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
associated with this item.
RECOMMENDATION(S): The Manager recommends that the Board authorize the County
Manager to designate Cooperative Extension managerial staff to enter a start date, sign, and
monitor the attached Memorandum of Understanding between Durham and Orange counties.
(See Attachment 1), and to further execute any amendments or extensions of the Memorandum
of Understanding.
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Attachment 1
DURHAM & ORANGE COUNTY MOBILE PROCESSING UNIT PROGRAM —
POULTRY PROCESSING FOR SMALL FARMS
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is dated, made, and entered into as of the day
of , 2023, (the "MOU Date") by the County of Durham ("Durham"), and the
County of Orange ("Orange"), each Party being a political subdivision of the State of North Carolina
(collectively, the "Parties").
Sec. 1. Background and Purpose
There currently are no small poultry processing operators in North Carolina to process poultry raised
on-farm. The only facility in the state closed in 2017, and the USDA allowed for a special exemption to
allow meat processors in North Carolina to process poultry. However, that special exemption ended
in December 2022, leaving small farms with the burden of purchasing thousands of dollars of
equipment to process their flock on farm, which is the only option available to them. A solution
employed by other counties in NC is the rental of a mobile processing unit (MPU) for processing a
small flock of poultry. These units allow for the processing of poultry to be much quicker, cleaner, and
safer for the small farm owner and or operator. Additionally, it can help new and beginning farmers
to enter a market that would otherwise require a high amount of capital expenditure. There are
currently no MPUs within Durham or Orange Counties County for rent, and the nearest ones are not
available to Durham and Orange producers due to location and/or high demand. Durham County
Cooperative Extension purchased a MPU and a trailer to house the MPU in 2022 from funds earned
from the implementation of NC Farm School with other County Extension partners, including Orange
County Cooperative Extension.
The MPU will allow current farmers of pasture raised birds, as well as new and beginning farmers
interested in starting a small poultry farm, options for processing their birds on-farm. This also
supports the resiliency of our food system by creating another avenue for locally grown food in
Durham and Orange Counties.
Durham County currently does not have the space to house this equipment safely at the Durham
County Cooperative Extension Agriculture Building. The Durham County Center and the Orange
County Center of NC Cooperative Extension have agreed to partner together to implement an MPU
rental program, which will include mandatory education and user agreements. The revenue from the
rentals will be used to support the upkeep and maintenance of the unit and training and education
costs associated with the program. Additional revenue could be utilized for additional agriculture
programming to support new and beginning farmer programming through a collaborative program
between Durham and Orange Counties.
Sec. 2. Scope of Project and Coordination
Durham County, through Cooperative Extension, will manage rental fees received, saving those funds
year-to-year, and then dispersing the funds as needed for expenses, repairs, and equipment for the
MPU and will:
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• Purchase the equipment/supplies needed for the MPU;
• Set up the rental procedure and documentation process, including the management of rental
fees and reservations;
• Assist in certification classes for potential renters of the MPU; and
• Maintain the registration and plate for the trailer in which the MPU is transported.
Orange County, through Cooperative Extension, agrees to securely house the MPU at either their
Orange County Extension Facility or at the Breeze Farm or other mutually agreeable location and will:
• Provide onsite Check-in and Check-out management of the MPU, ensuring the user
agreement is signed before the renter leaves with the MPU, and that the renter complies with
all other rental procedures and documentation processes;
• Assist in certification classes for potential renters of the MPU; and
• Maintain the equipment in working order. At any such time as funds become necessary to
maintain working order of the equipment, Orange County agrees to notify Durham County of
the malfunction within 5 business days of Orange County becoming aware of the needed
repair or maintenance.
The rental rate and any cleaning charge will be set on an annual basis through mutual agreement
between County Extension Directors of the Durham County and Orange County Extension offices. If
the rental rate or cleaning charge is not addressed in a given year, the rate shall remain at its then
current amount.
The program is primarily designed to serve the needs of Durham and Orange County poultry
producers and for related training or demonstrations. With mutual agreement of the parties, the
MPU can also be used for multi-county chicken processing demonstrations and rentals in our region,
if not otherwise needed for renters in Durham or Orange Counties, providing that all participants
work with their local County Extension office, participate in training, pay all fees, follow all guidelines,
and complete the user agreement process.
Sec. 3. Term
This Agreement shall be effective as of September 1, 2023, and the program and this agreement shall
be ongoing until such a time as either or both parties wish to end the mutual program as set forth in
Section 7. Orange County will house the MPU unless there is a mutually agreeable facility in Durham
County suitable for locating the unit or at such time when both parties agree in writing to change the
arrangement.
Sec. 4. Compensation
This MOU does not include any financial or monetary compensation. Durham County shall not be
obligated to pay Orange County any payments, fees, expenses, or compensation under this MOU
beyond those noted in the MOU as necessary to the implementation of the MPU program, including
training and mutually agreed-upon collaborative programming for new and beginning farmers. In
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addition, Orange County shall not be obligated to pay Durham County any payments, fees, expenses,
or compensation under this MOU. In the event that rental proceeds are not sufficient to cover the
costs of equipment, repair, and other related program expenses, the Parties will address these costs
via mutual agreement set forth in writing.
Sec. 5. Contact Information and Personnel
The following Durham County and Orange County representatives will serve as the main points of
contact for this specific MOU, and are to receive any and all notices relevant to this MOU and the
MPU Program:
Durham County:
Donna Rewalt, Cooperative Extension Director: drewalt@dconc.gov, 919-560-0524
John Lyttle, Cooperative Extension Agent: John Lyttle@ncsu.edu, 919-560-8757
Orange County:
Jonathon Smith, Cooperative Extension Director:jonathon_smithgncsu.edu, 919-245-2057
Mike Ortosky, Cooperative Extension Agent:jmortoskAncsu.edu, (919) 270-6528
Mart Bumgarner, Cooperative Extension Agent: mart_bumgarnergncsu.edu, 919-245-2062
Should any of the above-listed individuals be no longer employed with their respective Cooperative
Extension programs, or otherwise be serving in a different capacity, the then-current Cooperative
Extension directors shall determine the contacts and other related personnel, contacts, and
administrative matters necessary to carrying out the Program and the terms of this Memorandum.
Should there be a change to any of the contact information described in this Section, the changing
Party shall notify the other Party of the new information within 30 days of the change.
Sec. 6. Indemnification
Neither party agrees to indemnify or hold harmless the other party. However, to the extent
permitted by law, each party agrees to be responsible for its own acts or omissions and any and all
claims, liabilities, injuries, suits, and demands and expenses of all kinds which may result from or arise
out of any alleged malfeasance or neglect caused or alleged to have been caused by that party,
its employees, subcontractors, or representatives, in the performance or omission of any act of
responsibility of that party under this MOU. In the event that a claim is made against both parties it
is the intent of both parties to cooperate in the defense of said claim. However, either party shall
have the right to take any and all actions they believe necessary to protect their interest arising out of
the performance or nonperformance of this MOU. This provision shall survive the termination of this
MOU. Notwithstanding the above, Durham County and Orange County do not waive their
governmental immunity, or any other immunity granted by law.
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Sec. 7. Termination
(a) Procedure. Without limiting any party's right to terminate for breach, the parties agree that the
Durham County or Orange County may, without cause, and in its discretion, terminate this MOU for
convenience by giving the other County thirty (30) days advance written notice. Termination for
Convenience shall be effective at the time indicated in the notice. (b) Termination may also occur
based on mutual agreement of the parties due to changes in the program or availability of the
equipment. The Parties agree that— unless otherwise agreed to in writing—if the MPU is not rented
at least one time for a period of 12 consecutive months, this agreement shall terminate, and the
Parties shall dispose of the equipment according to Durham County policy.
SIGNED: Durham County
Representative:
Donna Rewalt, Durham County Extension Director
Date:
SIGNED: Orange County
Representative:
Jonathon Smith, Orange County Extension Director
Date:
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COOPERATIVE 14ig:�
[I • NCEXTENSION ORAN COUNTY
NORTH CAROLINA
Mobile Processing Unit Program - User Agreement
The Mobile Processing Unit (MPU) is intended expressly for on-farm processing of poultry for home
use and/or for sale under the North Carolina inspection exemption. The Durham County Center and
Orange County Center of North Carolina Cooperative Extension agree to allow the use of the MPU to
the below listed individual (the "User") in consideration for the User agreeing to the following:
1. User agrees and acknowledges that it is the User's sole responsibility to know and comply with
all state and local laws and regulations governing food safety, including but not limited to those
relating to state inspection exemptions.
2. User further understands and agrees that the User is solely responsible for proper operation of
the MPU and for proper disposal of offal (guts, body, head, feathers, etc.).
3. User is solely responsible for the User's operation of the MPU. In addition, the User agrees to
pay for any damages to the MPU which occur during transportation or operation of the MPU.
4. The User understands the possible risks and dangers associated with the operation of the MPU
and assumes all risks of personal injury, death, and property damage or loss from any cause
whatsoever, including but not limited to, his own conduct and the negligence of anyone else.
5. The User shall not be permitted possession or use of the Unit until Page 2 of this Agreement
has been completed and signed by the User.
6. The trailer hitch accepts only a 2" ball.
7. Rental rates are $50.00 per 3-day reservation or $75.00 per 5-day reservation, payable at time
of reservation. If the User anticipates needing the unit longer than the reserved time period, the
User must request an extension from the representative listed below before the initial rental
period ends. There will be an additional charge for any approved extension.
8. A cleaning charge of$50 will be assessed if the unit is not properly cleaned and the user will be
required to participate in additional training prior to the next rental. The user can be prohibited
from future use of the MPU if there is more than one return in an unclean condition or the user
does not pay the cleaning charge within 14 days of assessment.
The following items are checked out with the MPU:
Item Quantity checked Quantity checked Comments
out in
Large Poultry Cones 8
Kill Cone stand and base 1
Featherman scalder 1
Featherman plucker 1
Roto-Dunker 1
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Checked out Items, Continued
Item Quantity checked Quantity checked Comments
out in
Table stainless steel 1
Table eviscerating 1
Trash barrel 1
Kitchen Trash Cans 2
Supply crate 1
Transformer (110-220v) 1
NSF Water Hose (75 ft) 1
Employee Initials
I, the User, for myself, my heirs, executors, and assigns, do hereby voluntarily and with full knowledge
of the consequences of my actions: release and waive any legal rights I have or may have to seek
payment or relief of any kind from the persons and entities named in this paragraph. Furthermore, I
shall indemnify, defend and save harmless Durham County, Orange County, NC State University, the
State of North Carolina, and their respective trustees, officers, agents, and employees (the "indemnified
persons and entities") from all liabilities, losses, costs, damages, claims or causes of action of any kind
or nature whatsoever, and expenses, including attorneys' fees, arising or claimed to have arisen out of
personal injuries or death, or property damage or loss, sustained by the User as a result of User's
operation of the MPU, as well as those injuries or property damage sustained by others as a result of
the User's operation of the MPU. I understand that I am fully responsible for my own safety, my own
insurance coverage, and any other risk management measures applicable to my use of the MPU.
User Name (print) Signature Date
Address: Phone Number:
Rental Period
Date/Time From: Date/Time To:
Actual Pickup Date/Time Actual Drop-off Date/Time
Representative
Signature Printed Name Date
Approved DCo 09.19.2022