Agenda - 02-03-2009 - 6b - Laserfiche WebLink

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ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 3, 2009 Action Agenda Item No. (p SUBJECT: UNC/Orange County Landfill Gas Recovery Agreement DEPARTMENT: Solid Waste Management PUBLIC HEARING: (YIN) No ATTACHMENT(S): Under Separate Cover INFORMATION CONTACT: 1. Proposed Agreement— UNC "Last and Best Offer"(A — Final; B— Redlined) Gwen Harvey, 245-2307 2. Pro forma Prospectives Gayle Wilson, 968-2885 3. County Engineer Easement Brian Ferrell, 732-2196 Memorandum 4. UNC Letter in Support of Agreement as Proposed PURPOSE: To present for BOCC discussion and decision the proposed Agreement for the joint UNC/Orange County Landfill Gas Recovery Project. BACKGROUND: In January 2008 the BOCC authorized entering into a Memorandum of Understanding (MOU) with the University of North Carolina at Chapel Hill (UNC) to ensure due diligence and anticipate effective implementation of a landfill gas recovery project. On April 15, 2008 the BOCC received a project update and request to proceed and authorized County staff to move forward with the development of a proposed final contract with UNC. The law firm of Alston & Bird, LLP, and Attorney David M. Meezan were retained by the BOCC in June 2008 to assist the County with the final negotiation and drafting of an agreement. County and UNC representatives used the ensuing period over a series of strategy sessions to define and make determinations on a large number of complex details pertaining to project development, ownership, operations, maintenance, financing, and compensation. A two-part presentation was conducted at the December 11, 2008 BOCC meeting. John Masson, with the UNC team provided a PowerPoint presentation on the joint landfill gas recovery project that was provided at the Public Information Meeting held on October 13, 2008. Attorney Meezan provided an overview and response to questions concerning terms and conditions of the proposed agreement.