2022-141-E-Solid Waste-City of Rocky Mount-MOU for use of two vehicles

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DocuSign Envelope ID:78ED2FD7-AE51-42E6-9C24-DC103577AEBB Memorandum of Understanding THIS Memorandum of Understanding made this the 8th day of April,2022 by and between the City of Rocky Mount, North Carolina ("City"), a North Carolina municipal corporation, and Orange County ("County"), a political subdivision of the State of North Carolina, for the use of two front load vehicles as set forth below. Whereas, due to major mechanical failures and supply chain issues, the City of Rocky Mount is in need of front load trucks; and Whereas, Orange County Solid Waste has two front end trucks slated for auction; and Whereas the County was contacted by the City of Rocky Mount with a request to purchase said trucks for fair market value; and Whereas the sale by the County and the purchase by the City of the vehicles require governing Board approval; and Whereas the City has an immediate need for the trucks and the County is willing to assist the City pending Board consideration of the sale of the trucks. Now, therefore, the County will allow the City to pick up and use the 2009 Peterbilt Frontend Loader Vehicle, VIN 3BPZLOOXX9F719122 and the 2009 Peterbilt Frontend Loader Vehicle, VIN 3BPZXOEX19FT19779 (the "Vehicles"). The pickup of the Vehicles will be from the Orange County Solid Waste landfill at such time as agreed by the parties. The City shall provide insurance coverage of the Vehicles to be effective immediately upon taking possession. Upon taking possession of the Vehicles the City shall be responsible for all costs related to the pickup and use of the Vehicles, including without limitation all maintenance, repairs, and any damages to the Vehicles related to or arising from the City's use of the Vehicles. The City shall, to the extent authorized by North Carolina law, and without limitation defend, indemnify, and hold harmless the County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission related to the City's use of the Vehicles. Upon approval, if any, of the Orange County Board of County Commissioners ("BOCC") sale of the Vehicles to the City, the City will pay to the County an amount equal to Sixty Thousand Dollars for each vehicle. In the event the BOCC does not approve the sale of