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HomeMy WebLinkAboutMinutes - 19760727Item X: Commissioner Pinney wilOrangerCountyys investigation of the snimal shelter presently used by Commissioner Pinney reported on his investigation and visit to the Durham Boarding Kennels. He stated that tcentsn(60G)apergdaydo 0 -grant Orange County twentyerlmonth.s It hadtb°een further agreed card fifteen dollars ($15.00) p holders would be affixed to each run and that the date that a dog was placed in the run would be affixed on the card. The owners requested to have first choice on the purchase of aver animated Themowners hadrice of three dollars and fifty cents ($3.50) p further agreed to supervise the cleaning, feeding, disinfection, re- - ~ pairs, heat, electricity, and card holders. Alfoaosed agreementubjThe to a thirty day notice of cancellation of the p p arrangement between Orange County and the Durham Boarding Kennels would cost $550. per monts.submitted~byethe1DurhameBoardingdKennetshe Board accept the proposal Discussion ensued andtupon motion of Commissioner Gustaveson, seconded by Commissioner Pinney, it was moved and adopted that the Board acceptthe=proposal submitted by Durham Boarding Kennels. Chairman Garrett advised the Board that the Tax Supervisor had re- quested that the Contract submitt~oved bybthe CountyeS TheeTa nSuper-- Company, Inc. be accepted and app visor had stated that-.this company had submitted the lowest bid for exterminating services. The Board authorized Chairman Garrlnc.tand~O ange~Countyet between Dobson Brothers Exterminating Campa~+Y. There being no further business tc come before the Board, the Meeting was adjourned. ~_ 0''l~~ Flora R. Garrett, Chairman - Betty June Hayes, Clerk MINUTES ORANGE COUNTY BOARD OE COMMISSIONERS Juty 27, 1976 The Orange County Board of Commissioners met on July 27, 1976, for the purpose of exam for OrangegCountye Proposed 1976-1977 Secondary Roadlmp.rovement Prog Members present were Vice-Chairman Richard Whitted, Commissioners Norman Gustaveson and Jan Pinney. Members absent were Chairman Flora Garrett and Commissioner Norman Walker. Other present were S. M. Gattis, County Administrator and Betty ,Lune Hayes, Clerk. ._.. Representatives from the Department of Transportation were F, D. Hornaday, John Watkins, Earl Hoover and Sam Jones. Mr. Hoover reported that the entire State allocation for the 1976-1977 Road Program was $30,000,000 and that Orange County's unpaved mileage was eve oneemileHofssecondarytroadre was a current cost of $60,000 to p Mr. Hoover requested Mr. Watkins to report on last years paving program and to review the Proposed 1976-1977 Secondary Road Improve- ment Program. ssa~e - -.. .. ..-. Mr. Watkins stated that the Eubanks Road, Sewell Schogl Road, Dimmock Mill Road, the Efland-Cheeks Road, Piney Mountain Road #..1752, Antioch Church Road and part of Old Highway 86 had been completed for the 1975-1976 Road Program. Orange County's allocation this year amounts to $292,400. less Contingency to be used for Rural and Old Subdivision Additions, Overruns, property owner participation, Rural Fire Departments and Spot Stabilization of $121,400 which left the amount to be programmed at $171,000. This means that only one road on the priority list can be considered for paving out of this year's allocation. Colonial Hi11s in amount of $60,000 and New Hope Fire Department Road $5,000 will be charged against the Contingency Fund. The Depart- ment of Transportation plans to take another look at the Eno Fire Department Raad because there does exist serious problems at the entrance of this road. He stated that there was no carry over of funds from last year's allocation. Owners of property on SR #1384 and Efland--Cheeks Roads #1313, 1314 and 1315 requested a reason as to why SR #1308 was paved and they were not being consider for paving. Mr. Watkins reviewed the Subdivision Policy of the Secondary Roads Council and stated that the road in question would be paved if the owners would agree to participate in the cost of the paving. Owners on SR #1384 asked how much it would cost to pave their road and when it could be done. Mr. Watkins estimated that the owner's participation cost would amount to approximately $20,000. He stated that the cost for Secondary roads would be $26,672, and he stated that this road could be paved as soon as the funds were made available from the property owners. Chairman Whitted explained to the audience that the County ceuld not consider accepting the. projects until next year's budget was pre- sented because the County did not have funds to cover the owners partici- pation share out of this year's budget, however, if the owner on the road could raise their money, then the road could be paved from this year's Contingency Fund, Mr, Whitted questioned Mr. Hornaday as to the reason for the required 60 foot right of way on all roads. -- Mr. Watkins spoke to the question of State Standards for shoulders, ditching and sight view. Walter McDade requested that the Department of Transportation for- ward to the Board of Commissioners documented proof as to the Secondary Roads Policy on Subdivision, chlorahydrin, and oiling policies. Iie then requested the Commissioners to forward this information to him. There being no further business to r ome before the Board, the meeting was adjourned. ~1~~ ~~ Flora R. Garrett, Chairman Betty June Hayes, Clerk ~~3 LOCAL GOVERNPfiENT/PUBLIC AGENCX/ PRIVATE CONSULTANT CONTRACT __. PROJECT BUDGET # 4113 ' AGREEMENT THIS AGRr~EP.NT, entered into by and between the North Carolina Department of IvTatural~and Economic Resources (hereinafter called the "Planning Agency"} and the County of _,Oran~e_ ,~ , North Carolina (hereinafter called the "Local Government"), WITNE55E'!,'i THAT: WHEREAS, the Planning Agency has been established under author- ity of the General Statutes of North Carolina, Section 113.15.1 .and ' under authority of a resolution duly adopted by the Board of Conservation and Development of the State of North Carolina on July 2, 1957; and Chapter 1145, Session haws of 1969, codified as G. S. 143-3?~, created the North Carolina Department of Local Affairs, and transferred the Planning Agency from the N. C. Department of Conservation and Development to the N. C. Department of Local Affairs; and G. S. 143A-117 and 143A-128 transferred the Depart-- meat of Local Affairs and ;.he Department of Conservation and ' Development to the Department of Natural and Economic Resources in 1971 and were later repealed in 1973; and G. S. 143-323 reor- ganized the Department of Natural and Economic Resources on July 1, 1974, to include the Division of Community Assistance; and WHEREAS, the General Statutes empower the Planning Agency (1) "To provide planning assistance to municipalities and counties and joint and regional planning boards established by two or more governmer_tal units in the solution of their local planning problems. Planning assistance.....sha11 consist of ss~ . making population, economic, land use, traffic, and parking studies, and developing plans based thereon to guide public and private development and other planning work of a similar nature. Planning assistance shall also include the preparation of propose.~l subdivision regulations, zoning ordinances, and similar measures which may be recommended for the implementation of such plans..... provided, that the term planning assistance shall not be construed as including the providing oz' plans for specific public works. (2) To receive and expend federal and other funds for planning assistance to municipalities, counties, and to point and regional. planning boards.....and to enter into contracts with the federal government, municipalities, counties, or point and regional planning boards with reference thereto;" and WHEREAS, Section 701 (a) of the Housing Act of 1954, as amended ;'provides that in order to assist State and local governr.'ients in salving planning prcble~^~s, including those resulting from the increasing concentration of population in metropolitan and other urban areas, including smaller communities; to facilitate comprehensive planning; for urban development, including coordinated transportation systems, on a continuing basis by such governments; and to encourage such governments to establish and improve planning staffs, the (Housing and Urban - Development) Administrator is authorized to make planning grants to.....(1) State planning agencies.....~'or the provision of planning assistance to (A) cities and other municipalities having a population of less than 50,000 accordi:~g to the latest (2) ~ decennial census, and.cau~ties without regard to population..... (B) any group of ad,jac.er_t communities, either incorporated or unincorporated, having a total population of less than 50,000 according to the latest decennial census and having common or related urban planning problems....., and WHEREAS, the Planning Agency desires to cooperate with thz Laca1 Gavernment in every way possible to the end that a constructive planning program may be initiated or furthered for the improvement and development of the locality; and WHEREAS, said employment shall be partially financed by the contribu%ion of local funds or cash equivalent services, NDW, TH~RErORE, the parties here~o do mutually agree as follows: 1) The Focal Government shall: (a) cooperate in every way in t_,ha ~On~Llrt of this project and ?ne.ke available research .mararial , data, maps, and other statistical records of the Local Government; (b) arrange regular ~:eetirgs of the Planning Board and other . officials to review work carrxec~ out under this Agreement and make such recommendations as are requix'ed; and (c) appropriate to the Aepartment of Natural and Economic Resources its propor- tionate share of the cost of the pra~ect as hereinafter set forth. 2) For the purpose of providing funds to carry out this Ag~eemant, the Local Government has been awarded a "701" Compre-- 'rersive Planning Grant o:' X7,200.00 To satisfy the match require^ent of this planning grant, the Local Government (3) sss shall pay the Department of Natural and Economic Resources the ,. sum of POUR T?~OUSA~FD EIGHT HU'7DRED---------»w..» dollars ( $ 4 , 800.0' to be paid as follows: $600 in cash on ar befare_Octabar 1,_1~~6,~ and $R,2D0 as documented expenditures for services in-kind by the Local. Government due poor to termination of this a,reemsnt. The Planning Agency may withhold payment to the Local Government for all or any portion of its services until the Local Government has paid the first or any subsequent installment to the Department of Natural and Economic Resources. " 3). The Department of Housing and Urban Development shall provide a protion of the cost of the following items associated with the planning work described in Paragraph 7 of this Agreement:: salaries .and wages, services by technical consultants, travel, and reproduction and publication of essential project reports ar~d documents; subject to the terms and conditions set forth in Comprehensive Planning Grant Contract Na. CPA-NC--~?~~~~-10~0~ between the North Carolina Department of Natural and Economic Resources and the United States of America. 4) Ir_ all matters relating to the performance of this Agreement the Secretary of the Department of ATatural and Economic Resources, having been authorized by appropriate and proper resolution, shall act for the Planning Agency; and the Chairman (,:ayor or Chairman oz the Saard of Commissioners), having been authorized by appropriate and proper resolution, shall act for the Local Government. 5) employment of Contractor - The Planning Agency shall (~+ ) .. ss~ permit the Local. Government to obtain the services of a contractor to perform the services herel.nafter'set Earth, provided, however, that prior to execution of the contract the Local Government shall; A. Provide the Planning Agency resumes of the personnel responsible for the protect. B.• Receive written approval. fro:. the Planning Agency to the effect that the "Planner-in-Charge" standards established by the Planning Agency are satisfied. C. Provide the Planning Agency a copy of the proposed contract. D. Receive written approval that the contract meets the requirements of the work plan including all work elements contained in the Grant Request submitted to the Planning Agency. (The Local Government's planning staff and/or any contractor employed shall hereinafter be referred to as the "Contractor.") 6) Area Covered - The Local Government, through its planning staff or the Contractor, if any, shall insure that all the nec- I - essary serv~.ces provided under 'this Agreement in connection with and respecting the fol,lawing area or areas, herein called the "planning area," are performed: Oran~_e C°l1nt~y ._.. _ . 7) Scope of Services -- The Local Government shall ensure that its planning staff or Contractor, xf any, performs and carries out, in a satisfactory and proper manner as determined by tie Piannxng Agency and the Local Government, the services described in the work plan attached. 3) Reports and Maps - All reports (excludl.rg required periodzc progress reports) identi~ied in she foregoing de- SCriD~iOriof planning work to be performed under this Agreement shat: be printed by the offset process. Each report shall be (5) ssa bound, and the general format shall folio*rr good literary practice approved by the Planning Agency. The Local Government shall ensure that the requiremants of the U. S. Department of Housing and tirb.ar_ Development in regard to abstracting shall be complied , ;~;ith by the Cor_tractor. Eive copies of the abstract of each document shall be sent to the Planning Agency. Forty--five (45) copies of each report shall be furnished the Planning Agency prior to requisitioning payment for the full cost of the services. A minimum of six (6) prints of all maps, designs, drawings, models, photographs, charts, estimates, tab~.~.ations, and other documents required to be prepared in the foregoing description of planning work to be performed under this Agreement shall be reproduced, of hhich five (5) copies shall be furnished the Planning Agency. These should be folded to an 8" x 11" size. FS.vel(5) $" x 10" color photographs or 35mm color slides may be S~J,Jm~4ted to 'the Planning Agency in lieu of the aatttal m8.p, charts, etc. Each map and photograph or slide shall be legibly identified as to the tide and :tale of the original document, thz subject planning area and the report or study to ~Nhich it is related, and shall contain a natation of the place where the original is located. Or. maps this notation shall be made an the outside top fold. she Local Governr.:ent shall ensure that all reports include an abstract prepared an the lv'ational Technical Information Service Bibliographic Data Sheet (BD5) Form NTIS --35 prepared in accordance with the Planning Agency's instructions. (6) X69 g) Identification of Documents -- All reports, maps and other documents completed as a part of this Agreement, other than documents exclusively for internal use within the Planning Agency, shall carry the following notation: The prepara~ion of this report (map, document, etc.) eras financed in part through a Comprehensive Planning Grant from the Department of .fIousing and lirizan Development. 10) Checkpoint Procedure (for projects entailing published documents only) -- A) The Local Government shall submit to the Planning Agency five (5) copies of the preliminary draft for any report, map, chart, or<~.other document required by paragraph 7. $) The Planning Agency shall send a written evaluation of the preliminary draft to the Local Government. C) The Planning Agency evaluation and recommendations received from other review agencies and officials shall be considered when preparing the proposed final report. D) The Local Government shall submit five (5) copies of the oroaosed final report and checkpoint review repot prwor to typing final. report on mats. The checkpoint _eview report shall. summarize the pro- ceedings ar.3 address itself to any questions raised by the checkpoint review process. E) Idher. a written evaluation of the proposed final report has been received from the Planning Agency and such changes and additions as required by the ' Planning Agency have been made, the final report shall be printed. F) All Draft.Reporzs shall be submitted to the Plan- . ning Agency by the end of the third quarter. 11.) Peri odic Reporting Requirements - The Local Government shall requirE that the Contractor prepare and submit to the Planning Agen cy four project progress reports, due in the office (7) s~o ox the Planning Agency quarterly. Each report shall contain a succinct appraisal of progress in the development of the project, percent, of project completed, difficulties or problems encountered, ar_d the outlook far the remainder of the period far which this Agree:~ent ~.s in effect. Progress reports shall include copies of documents and other materials developed subject to the require-- rents of this Agreement. The final progress report shall be a cu:,.u_ative, comprehensive summation of the entire project, and must be accompar_ied by all reports, documents, and other mater~.als requ~.red to be prepared by the Contractor hereunder. Requisition for payment, according to the schedule established by this Agree- ment, shall be subject to authorization by the Planning Agency upon the basis of progress reports evidencing the satisfactory and timely completion of the project. Progress reports shall be narrative in form and shall not exceed one (A) single spaced, letter-sized page f.n length. The Local Government shall notify the Plar_ring Ager_cy of signiz"icar_t problems, delays, or conditions, ac~u£7. or anticipated, w:~ic'r• ad~rersely ai:°ect the Contractor's ti:re'_y and satisfactory co;acaetion or maintenance of the scheduled progress of the work required hereunder, ara of steps taken or contemplated to resolve the adverse situations. 12) Publication, Reproduction and Use o° ~?aterial - ido rater`a~. produced in whole or in pa^~ under this Agreea~.ent shall be subject to copyright in the united States or in any other country. ine Planning Agency, the Local Govern.^ent, and FiUD snail hale unrestricted authority to publish, discJ,ose, distri-- Bute and otherwise use, ir. whole or it part, any reports, data, or of^er ater~.a:~s preparea under this Agreemen~. ($} _. s~1 13) Meetings - The Local Government shall ensure that the planner-in-charge or..other staff member designated by the Con- tractor and approved by the Planning Agency to assist in thy: development of the above work shall participate in those meet- ings and public hearings necessary in the preparation of such work for acceptance and adoption. The planner -in-charge ar other stafx' member designated for performance of the services under this Agreement shall consult with the Planning Agency to determine the necessary number of meetings and/or public hearings to be conducted with appropriate local officials during the period covered by this Agreement. The purpose of these meetings and/or public hearings is to ensure clear understanding and maximum participation in the work to be performed during each funding year covered by this Agreement. The planner-in- ~ charge, however, may hold as many additional meetings and/or public hearings as in his professional judgment are required to obtain clear understanding and maximum participation in the .work to be performed. 14) Citizen Participation _ (A) Citizens in the planning jurisdiction shall have the opportunity to help initiate and implement plans as well as react to proposals. (B) Clear and direct access to the decision making process shall be provided to all citizens in the planning ,jurisdiction, and meeting places and times shall be Vridely publicized on a regular basis. (C) A11 information pertaining to these activities (except when such information is a breach of public trust) shall be avail- .. able to citizens upor, request, and information shall, be provided on a co :tinuous basis and sufficiently in advance of public (9) s~z decisions to permit a thorough citizen review of proposals and an opportunity to react. - 15) Interest of Contractor - Tine Local Government shall require that any Contractor covenant that he presently has no interest and shall not .acquire any interest, direct or indirect, nor employ any person having;•such interests which would conflict in any manner of degree with the performance of services required to be performed under this Agreement. 16) Assignability - Neither the Local Government nor the Contractor shall assign any interest in this Agreement or trans-• fex any interest in the same (whether by assignment, novation„ or subcontract) without the prior written consent of the Planning Agency thereto; provided, however, that claims for money due or to become due the Local Government from the Planning Agency under this Agreement may be assigned to a bank, trust company, or oche{ fir,~.ncial institution. jTithout such approval, i~'otice of any such assignment or transfer shall be furnished promptly to the Planning Agency. 17) Audits and Inspections - at any time during normal busi- ness hours and as often as the Planning Agency, the Department of State Auditor of the State of North Carolina, HL'D and/or the Corrptroller General of the United States may .deem necessary, the Local Government and the Contractor shall make available to the Planning Agency, HUD and/or representatives of the Department of State Auditor and/or Comptroller General for examination of all its records with respect to all matters covered by this 4greement (10) ~'~3 and shall permit the Planning Agency, HUD and/or representatives of the Department of State Auditor and/or the Comptroller General to audit, examine and rrake excerpts ar transcripts from such records, and to make audits of a7.1 contracts, invoices, materials, payrolls, records of personnel, cenditions of employment and other data relating to all matters cavered by this Agreement. 18) Personnel A) The Local Government shall ensure that any Contractor represents that he has, or will secure at his own expense, all qualified personnel. under his super- : v9.sior_ required to perform the services under this Agreement. B~) The Local Government shall ensure that none of the work or services covered by this Agreement 'shall be subcontracted by any Contractor. Should the need arise for work or services to be contracted to other parties, the Planning Agency and the - Local Government, shall,'subsequent to a written amendment, enter .into such additional agreements '~ as are recuired. C) The Loral Government shall ensure that the personnel designated by any Contractor in the attached work plan shall be assigned to this Agreement f,or the time and cask indicated. Modifications in the above--llste:: staff assignments to this project can only be made w_th the Planning Agency's ti~•ritten approval, as provided Por by Paragraph 25 hereof. In the event of unauthorized changes in personnel engaged in the performance of this Agreement, or in the evens that the Planning Agency makes an administrative determination that the Contractor's current personnel are in fact not quali,:ied under Paragraph 5 above or are assigned an excessive workload to the end that the quality of work to be completed hereunder cannot be main- tained at an acceptable level of professional caliber, the Planning Agency may terminate this Agreement under the terms of Paragraph 24 hereof. D) The Local Government shall ensure that the planner-- - in-charge or other staff member responsible for the work to be performed under this P.greement shall not be responsible for work an more than four (~#) communities. If several very small communities are undertaking warfc as a group of adjacent communities, (11) s~~ the maximum nus~ber may be increased, subsequent to the approval of the Planning Agency, to adjust for the efficiencies resulting from•~oint operations. Tf the planner-in-charge is performing planning work not under agreement with the Planning Agency, the maximum of four (~;) communities shall be reduced in proportion to the a~-nount of time the planner-in-charge can devote to such planning work: 19i equal Employment Oppor~unity - (A) The Local Government and any Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Local Government and any Contractor shall take affirmative action to ensure that applicants are employed and.ihat employees are treated dur~.ng employment without regard to their race, color, religion, sex ar national origin. Such actions srall include, but not be limited to the following:. employment, uagrading, demotions, transfers, recruitment or recruitment ad~rertising, layoffs or terminations, rates of pay or ott er r'cr::s of compensation, selection for training including appxeticeship, and participation in-recreational. and educational acti'v:~ties. The Local Gavernrant and any Cont.: actor shall post. wn eonspieucus places and prcvide to er;.ployees and applicants for employment notices which set forth the provisions of this nondiscrimination clause. The Local Goverment and any Contractor s::all ir. all solicitations or advertisements ~:or employees placed by or on bzh.alf of the Local Government or any Contractor state that all. qualified applicants shall receive cans%deration for 4 e;..p'_oymert without regard to race, color, religion, sex or na;.ia:al crigin. The Local Governn^:ent shall cause the foregoing provisions to be inserted in all subcontracts subject to tze (l2) ~~~ provisions of Paragraph 18 hereof, for any work covered by this Agreement so that such provisions shall be binding upon each subcontractor provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. (B) The Local Government and any Contractor shall keep such records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as the Secretary of HUD may require. (C) The Local Government and any Contractor .shall comply with such rules, regulations or guidelines as the Secretary may issue to implement these requirements. The Local Government and any Contractor shall comply with Title VI of Civil Rights Act of 1964 (P. L, 88352), to the end that, no person in the United States shall on the grounds of race, color, or national origin be excluded from particinatian in, be denied the benefits of, or otherwise be subject to discrimination under any program or activities for vrhich the Local Government receSves federal financial assistance. 20) Time of Performance - The Local Government shall ensure that the services required hereby are to commence as soon as practicable after the execution of this Agreement and shall be undertaken and completed in such sequence as to assure that all of the services required hereunder shall be completed and all required reports, maps, and documents submitted by June 30 1977 for those work.elements scheduled during the first zunding year in Paragraph 7, attached work plan. Ia work elements for any additional funding years are scheduled (13) sus in Paragraph 7, complet3~an date for each additional funding year's program shall be suppl~:ed by the Planning Agency as soon as the inclusive dates of each additional funding year have been -. established by 'the apprCVal of the Planning Agency's federal funding. 21) Compensation - The Planning Agency shall pay to the Local Government an amount not to exceed For the above services upon the berms and the times set forth in ,Paragraph 22 hereof. Furthermore, it is agreed and understood that the compensation paid by the Planning Agency to the Local Government shall be for the services identified in the work plan attached. If the amount specified in the contract between the Local Government and the Contractor is less than the total amount the Planning Agency has agreed to pay the Local Government, it' shall tie the responsibility of the Local Government to send to the °lanning Agency gor raview aild subsequent appt~oval a detailed . expenditure report which shall set forth the activities to be supported by the remaini~~g furl=. The Planning Agency shall approve the expenditures of the additional monies only if they • are for work elements contained in th.e Grant Request which are not part of 'the contract between the Local Government and the Contractor. 22) Method of Payment -Upon determination by the Planning Agency and the Local Government that the services have been satisfactor~.ly completed, the Planning Agency shall pay to the Local Government the amount set forth in Paragraph 21, which shall constitute Full and complete compensatian For the Contractor'_ (14) 6~~ services hereunder. 'Such sum shall be paid in every case subject to receipt of a signed r.equisltion for payment in triplicate from the Local Government specifying that the work performed is in conformance with this Agreement and therefore is entitled to.receive the amount requisitioned under the terms of this Agreement. 5houid the Local Government prefer that payment for services rendered in support of this Agreement be directly made to the Contractor, the Local Government shall submit a letter to the Planning Agency rgquesting authorization for the Contractor to requisition for payment on its behalf. The trans Terrance of this right shall not relieve the Local Government of any responsibilities herein stated. The Local Government shall be compensated on a quarterly basis subject to the following: A) Submission of a requisition for payment, in triplicate, accompanied by a detailed statement of work elements performed as specified in Paragraph 11, and t"r_e exp~ndttures in each cast category associated tiith each work element performed. Payments .rill be made only on the basis of work performed and anon approval of the quarterly work progress report. B) Except as herein below provided payments made shall not exceed 25~ of the amount specified in Paragraph 21. In the event all elements of the work plan called-for in the Grant are completed prior to the end of the fourth quarter, full payr..ent shall be made subject to approval of the final report submitted to the Planning Agency. 23) Either party may terminate this Agreement by giving written notice to the other parties of such termination and . specifying the efz"ective date thereof at least thirty ~3C)days (15) 6~8 before the effective date of such termination. 24) termination of Contract for Cause - IP through any cause the Local Government shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if the Local Government shall violate any of the covenants or stipula- bans of this Agreement, the Planning Agency shall thereupon have the right to terminate this Agreement by giving written notice to the Local Government of such termination and specify- ing the effective date thereof at least 30 days before the effective date of such termination. Tn such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared for the Local Govern- ment under this Agreement shall, at the option of the Planning Agency, become its property, and the Local Government shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Arowwithstanding the above, the Local Government shall not be relieved of liability to the Planning Agency for damages sustained by the Planning Agency by virtue of any breach of this Agreement by the Local Government, and the Planning Agency may withhold any payments to the Local Government for the purpose o_° setoff until such time as the exact amount of damages due the ?tanning Agency Prom the Local Government is determined. the Local Government shall assume complete responsibility for the faithful and satisfactory performance o_° any Contractor retained in conjunctiar. herewit'r,, and shall be wholly and complete- 1S liable for the satisfactory performance oP any such Contractar~ (16) 6'79 and shall hold the Planning Agency harmless and without liability with respect to.the performance of any such Contractor. 25) Changes - The Planning Agency may, from time-to-time, x°equire changes in the scope of services of the Local Government to be performed hereunder. Such changes, including any increase or decrease in the amount of the Local Government's compensation, which are mutually agreed upon by and between the Planning Agency and the Locai Government, shall be incorporated in written amend- ments to this Agreement. In the event the Local Government and Planning Agency determine that the work plan herein should be amended to fulfill needs unanticipated at the time the work plan was proposed, the following procedure shall be used for amendment: A) Local Government requests amendment by the Flanning Agency. B) Planning Aa~ency rev~.ews and approves nr ri3.sapproves request. C) If tree proposed amendment is disapproved, the Planning P_grncy shall inform the Local Government in writS.rg :,f the rollowing: (a) reason request was disapproved, (b) information needed by the Planning Agency to approve request; and (c) possible alternatives available to Local Government to satisfy grant requirements, work plan, and financial arrangements. J]) Upon approval by the Planning Agency that proposed amendments are in order and that financial arrange- ments proposed are satisfactory and properly reflect the magnitude of the changes proposed, the Planning Agency shall prepare four (4) copies of the work program changes in letter form t.o be ca-signed by both parties. 26) Officials Not to Benefwt - No member of or delegate to the Congress of the United States of America and no Resident Commissioner shall be admitted to any share or part in this (17) 68~ Agreement or to any. benefit to arise herefrom. ?7) Funding Contingency -The terms and performance of this Agreement sha7.1 be contingent upon federal approval of the werk - program and the availabi7.i~y of federal funds. If this Agreement is written for a period longer than twelve months the Planning Agency is authorized to automatically reapply for federal funding to cover. that portion of the cost of planning assistance services to be expended in the Planning Agency's next funding year. 2$) Interest of Members of Planning Agency and Others ~- No officer, member, or employee of the Planning Agency, and no member of its governing body, and no other public official of the governing body of the community in which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this pro,)ect, sha7.1 (a) participate in any decision relating to this Agreement which affects his personal interest or the interest o' any corporation, partnership, or association in which he is, directly or indirectly, involved; or (b) have any personal or pecuniary interest, direct or indirect, in this Agreement ar the proceeds thereof. 29) ^he Local Government shall ensure that an environmental assessment statement is prepared for certain activities where dee;rLe3 appropriate by the Planning Agency. Each environmental assessment, which shall not be written as a 3ustification for any proposed project plan, program, task or policy, shall: A) Include the following minimum content: a.. A summary or abstract of $he proposed *~lan(s) ar nolicy(s); 2. The environ-,en~a1 impact (beneficf.al as Drell as adverse) of the proposad plar_(s) or po~.icy(s) (18) ~~~ if "it is carried out; and, mitigation measures proposed to minimize the impact. 3- Any adverse environmental effects which cannot be avoided should the proposed plan(s) or policy(s) be imglenented; ~. Alternatives to the proposed plan(s) or policy(s) and an analysis of those alternatives; 5- The relationship under the proposed plan(s) or policy(s) between local short-term uses of man's environment and the maintenance and enhancement of long--term productivity; 6. Any irreversible and irretrievable commitments of resources vrhich would be involved if the proposed plan(s) or policy(s) should be imple- mented; 7. A statemer_t setting forth applicable federal, state, and local environmental controls; and 8. Specific data as needed to enable State agency personnel to evaluate the probable environ-- mental effects of the proposed project or plans. i3) Be appended to tre resulting propased plan and accompany the plan through all delibPral:ions leading to approval and subsequent amendment; and G) Be availaole to the public on a timely basis, including availability before any public hearing(s) regarding t::e plan . 30) Indeminification - Notwithstanding any provisions of this Agreer„ent, it i.s expressly agreed that: A) The Local Gavernment and any Gontractor shall carry out the programs under this Agreement as an independent Contractor and not as an agent of the Planning Agency; B) The Local Government and any Contractor shall assume sole and complete responsibility for the conduces of the programs in such a manner as to assure the safety and welfare of all persons participating in ar in any way involved in, or affected oy, any activities conducted by such projects; Tile Planning Agency, by its provisions for this project, undertakes no responsibility in this regard; (19) ss2 C) The Local Government and any Contractor shall indemnify and save Harmless the Planning Agency, including its agents, officers, and employees, from and against any and all claims, demands, suits, judgments, settlements, etc., for sums of money - for or on account of personal injuries, property damage, invasion of real property, or loss of life or property of any persons whether in contract or tort, or in any way connected with, the per- formance of the project covered by this Agreement; D) Further, the Local Government and any Contractor expressly release the Planning Agency from any liability or any losses or damages suffered by. the Local Government, directly or indirectly, from or in any way connected with the performance of this Agreement; and E) The Local Government and any Contractor shall take all necessary steps, such as providing for insurance, etc., as may be required to effectuate this Paragraph. 3l) Failure to Execute Contract -The Local Government sha1.T be extended forty-five (~5) days to fully execute this Agreement upon the date of receipt. In the-event this Agreement has not been executed within the forty-five days alloted by the Planning _, Agency and the Local Government has not written a letter of commitmen~ to enter into this Agreement to the Planning Agency, the Total Grant amount warded to the Local Government shall revert to the Planning Agency. (20) 683 IN WITNESS WFiEREDF, the Planning Agency and the Local Government have executed this Agreement as of this 20th day of Ju1.y , 19 76 r - ,, `~~~ ~~ erk Seal X~ Chairman, orange ' County Board of Commissioners To the best of my knowledge, provision for the payment of monies to fall due under this Agreement has iaeen or will be made by appro- priation duly made or by bonds or notes duly authorized, as required by the Fiscal Control Act. APPROVED AS TO LEGAL FORM AND LEGAL ADEQUACY: Attorney Accountant NORTH CAROLINA DEPARTMENT OF WITNESS: NATURAL & ECONOMIC RESOURCES Chief, Local Planning and Management Services Section Director, Division of Community Assistance for George W. Little, Secretary (21)