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Home My WebLink AboutOTHER-2023-070 Memorandum of Understanding between Orange and Durham Counties for the Storage and Implementation of the Mobile Poultry Unit DocuSign Envelope ID: F833C4C4-45E2-4BA1-AE7E-4660D9BCFE2A 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 18th day of October, 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 Proiect 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: 1 DocuSign Envelope ID: F833C4C4-45E2-4BA1-AE7E-4660D9BCFE2A • 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 2 DocuSign Envelope ID: F833C4C4-45E2-4BA1-AE7E-4660D9BCFE2A 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:jmortoskkncsu.edu, (919) 270-6528 Mart Bumgarner, Cooperative Extension Agent: mart bum ag rnerkncsu.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. 3 DocuSign Envelope ID: F833C4C4-45E2-4BA1-AE7E-4660D9BCFE2A 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: DocuSignedby: bin.VA PowE4B28BCOD8C3A4A3... Donna Rewalt, Durham County Extension Director 10/31/2023 Date: SIGNED: Orange County Representative: Ar?� am,& Jonathon Smith, Orange County Extension Director Date: 10/18/2023 4