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2011-219 Solid Waste - Judy D. Brooks for Approval of Food and Organic Waste Collection and Composting Agreement
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2011-219 Solid Waste - Judy D. Brooks for Approval of Food and Organic Waste Collection and Composting Agreement
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Last modified
9/20/2012 4:23:38 PM
Creation date
6/22/2011 3:28:31 PM
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BOCC
Date
6/21/2011
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
5j
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Agenda - 06-21-2011 - 5j
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\Board of County Commissioners\BOCC Agendas\2010's\2011\Agenda - 06-21-2011
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io <br />f. Ownershiy of Work Product. Should Provider's performance of this Agreement generate <br />documents, items or things that are specific to this Project such documents, items or <br />things shall become the property of the County and may be used on any other project <br />without additional compensation to the Provider. The use of the documents, items or <br />things by the County or by any person or entity for any purpose other than the Project as <br />set forth in this Agreement shall be at the full risk of the County. <br />g. Non-Ap ropriation. Provider acknowledges that County is a governmental entity, and <br />the validity of this Agreement is based upon the availability of public funding under the <br />authority of its- statutory mandate. - <br />in the event that public funds are unavailable and not appropriated for the performance of <br />County's obligations under this Agreement, then this- Agreement shall_ automatically <br />expire without penalty to County immediately upon written _notice to Provider of the <br />unavailability and non-appropriation of public funds. It is expressly agreed that County <br />shall not activate this non-appropriation provision for its convenience or to circumvent. <br />the requirements of this Agreement, but only as an emergency fiscal measure during a <br />substantial fiscal crisis. <br />In the event of a change in the County's statutory authority, mandate and/or mandated <br />functions, by state and/or federal legislative or regulatory action, which adversely affects <br />County's authority to continue its obligations under this Agreement, then this Agreement <br />shall automatically terminate without penalty to County upon written notice to Provider <br />of such limitation or change in County's legal authority. <br />h. Notices. Any notice required by this Agreement shall- be in writing and delivered by <br />certified or registered mail, return receipt requested to the following: <br />Orange County Provider's Name & Address <br />Attention: Gayle Wilson Judy Brooks <br />P.O. Box 17177 1135 Beal road <br />Cha el Hill, NC 27516 Goldston, NC 27252 <br />IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have <br />hereunder set their hands and seal, all as of the day and year first above written. <br />ORANGE COUNTY: PROVIDER: <br />By: <br />Bernadette Pelissier, Chair <br />Orange County Board of Commissioners <br />Attest: <br />Donna Baker, Clerk to the Board <br />By: <br />Printed Name and Title <br />Revised July 2010 7 <br />
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