Agenda - 11-13-2018 6-a - Interlocal Agreement for the Provision of Solid Waste and Recycling Programs and Services

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Page 2 of 15 1. TERM AND TERMINATION This Agreement will become effective upon execution by each Town and the County and remain in effect until either (i) terminated by written agreement of the Parties, or (ii) two or more of the Parties withdraw. Any Party may withdraw upon giving all other Parties a 12 month written notice of its intent to withdraw. Upon the effective date of withdrawal, the withdrawing Party shall pay to the County an amount (i.e., “Termination Amount”) equal to the number of billed units within the withdrawing Party’s jurisdiction multiplied by the annual Solid Waste Programs Fee in effect on the effective date of withdrawal. Each Party’s Termination Amount shall be calculated by the County based upon the number of billed units in each Party’s jurisdiction based on the most current data maintained by the Orange County Solid Waste Department. A table indicating each Party’s number of units billed the Solid Waste Programs Fee as of the effective date of this Agreement is attached as Appendix A and shall be updated by the County on an annual basis. If the County is the withdrawing Party, the County shall be responsible for the full amount of debt owed or incurred by the County’s solid waste enterprise fund and a Termination Amount for each municipality that is equivalent to that municipality’s Termination Amount as calculated above. The County shall directly pay each municipality this Termination Amount upon the County’s effective date of withdrawal. The County will, upon request or notice of a termination of or withdrawal from this Agreement, revise Appendix A to reflect the then current data. 2. GOVERNANCE A. The County is responsible for financing (including rate setting within the guidelines of this agreement), management and regulation of existing countywide solid waste facilities and programs as well as coordinating recycling, reuse and waste reduction services among the Towns and providing Services to unincorporated areas of the County. Because the County has a significant impact on the overall efficiency and effectiveness of solid waste management within the County, it shall seek the collaboration and assistance of the parties to this agreement including as appropriate UNC Health Care and UNC – Chapel Hill. See Appendix C illustrating the process for changes to solid waste program fees and significant changes to solid waste recycling Services, Programs, and Facilities. B. The Board of Orange County Commissioners approved at their June 3, 2014, meeting the creation of the Solid Waste Advisory Group (SWAG). The SWAG is a multijurisdictional task force created to articulate, investigate and propose collaborative solutions for solid waste issues confronting Orange County; the towns of Carrboro, Chapel Hill, and Hillsborough; UNC-Chapel Hill; and UNC-Healthcare. The charge to the SWAG at the outset was to define the nature, scope, and timing of the solid waste issues to be considered, including but not limited to: 1. an inter-local agreement on solid waste; 2. reducing solid waste that is not recycled; 3. recycling opportunities and services; 4. siting a transfer station or landfill within the county; 6