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HomeMy WebLinkAbout2011-097 DEAPR - Robert S. Jones for Boundary Survey and plat for Breeze Farm Conservation Easement $1,800[Departmental Use Only] TITLE FY ORANGE COUNTY NORTH CAROLINA CONTRACT UNDER $10,000.00 THIS AGREEMENT, made and entered into this day of May, 2011, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Robert S. Jones (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: A boundary survey and recordable plat for the Breeze farm conservation easement (153 acres), Shley Road in Orange County, NC. Includes flagging the north boundary. The term of this agreement rendered shall be from May 16 to June 30, 2011. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement, without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed One thousand eight hundred dollars, ($1,800). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non-waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent Provider, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately insure itself during the performance of these services as required by the County's Risk Management Policy. Revised July 2010 5. Indemnitv: The Provider agrees to defend, indemnify, and hold harmless Orange 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 on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 8. Governin Lg aw: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 9. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this- Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE C UN By: Coun Mana r 200 S. Cameron St. P.O. Box 8181 Hillsborough, NC 27278 PROVIDER By: Title: R.S. Jones and Associates 121 West Clay Street -Suite A Mebane, NC 27302 This instrument s been approved as to technical content. David Stancil, Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Finance Director This in ment has been approved as to form and legal sufficiency. Office of the C my Attorney Revised July 2010 2 ~,~'p NPR 2 6 201 ORANGE COUNTY DEPARTMENT OF ENVIRONMENT, AGRICULTURE, PARKS AND RECREATION MEMORANDUM To: Pam Jones, Asset Management Services Director From: Rich Shaw, DEAPR Land Conservation Manager Date: April 20, 2011 Re: Purchase Order for Conservation Easement Survey (Breeze) In April 2008 Orange County accepted a conservation easement on a 141-acre portion of the Breeze family farm located on Schley Road (Cedar Grove Twp.). The County hired Bobby Jones (R.S. Jones & Associates) to prepare a survey of the property, which was recorded along with the conservation easement. The County needs additional survey work by Mr. Jones to complete Phase 2 of the Breeze conservation easement (153 acres). The BOCC has approved grant funds to acquire this easement (BOCC abstract attached), and DEAPR is preparing the necessary documents for final BOCC approval on June 7. Mr. Jones has submitted the attached proposal for surveying services. He will update the survey and prepare a recordable plat for the conservation easement. The update will include researching the area parcel ownership, ground truthing the subject property, and flagging the northern property boundary. The total cost of these services will be $1,800, which is significantly less than if we hired another surveyor to perform this work. The R.S. Jones proposal is enclosed for County signature. A requisition for a PO will be submitted for approval through MUNIS. Thanks for your assistance. Let me know if you need additional information. Enclosure cc: Dave Stancil Beverly Shuford Department of Environment, Agriculture, Parks and Recreation P.O. Box 8181 / 306-A Revere Road Hillsborough, NC 27278 (919) 245-2510 ---, ~~5. JONES & A550CI A1~5, INC, ~7 ~,____ _ I.ANI? SI,~V~Y0~5 121 WEST CLAY STREET -SUITE A MEBANE, NC 27302 Name: Orange County Environment & Resource Conservation Dept. Description Proposal Date: 3/21/2011 Proposal #: 8335 Project: Col. William Breeze property-Schley Road 1.) Update survey and recordable plat for conservation easement on William Breeze property tract 2 (153.31 Ac. tract) ~L~1G44f.1 ~~~,"h!~ ~ i~o.-~~ Ay~i,~~y lor.rw~lM J v /" / ~/~ Tota Total: 1, 800.00 $l,goo.oo INVOICING & PAYMENT: 1.) Any and all work not described in above description and or revisions or additions required by municipality or any other entity will require a work order and will be billed as extra work. 2.)Project to be invoiced upon completion. Invoices aze payable upon receipt and aze subject to late fees ($35/month) and interest(1.5%/month) after 30 days. Extra Work Hourly rates: 2 man survey crew: $100/hour 1 man survey crew: $90/hour office calculations and mapping: $75/hour Upon signing, signee authorizes R.S. Jones & Associates to proceed with above work and agrees with said terms. (Authorized Representative) Date Accepted By: R.S. Jones & Associates, Inc. Date PROPOSAL FOR SURVEYING SERVICES We look forward to the opportunity to work with you. ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 15, 2010 Action Agenda Item No. SUBJECT: Acceptance of Two Grants for Purchasing an Agricultural Conservation Easement at the Breeze Farm DEPARTMENT: Environment, Agriculture, Parks PUBLIC HEARING: (Y/N) No and Recreation ATTACHMENT ADFP Contract (Draft) FRPP Cooperative Agreement INFORMATION CONTACT: David Stancil, 245-2510 Rich Shaw, 245-2514 PURPOSE: To consider accepting a state grant from the NC Agricultural Development and Farmland Preservation Trust Fund and federal matching funds from the federal Farm and Ranch Land Protection Program for the County's purchase of an agricultural conservation easement on the Breeze farm in Orange County. BACKGROUND: The acquisition of agricultural conservation easements to help preserve prime farmland is a longstanding goal of the Board of Commissioners and a priority of the Lands Legacy Program. During the first ten years of the program, Orange County has helped to protect 1,550 acres of privately owned farmland and natural areas with permanent conservation easements. In December 2009 Orange County applied for state matching funds from the NC Agricultural Development and Farmland Preservation (ADFP) Trust Fund. The funds would be used by the County to complete the planned two-phased conservation easement on the Breeze farm located on Schley Road (Cedar Grove Township). In 2008 the County acquired an easement on a 141-acre portion of Breeze farm (Phase I). Phase II will be on the adjacent 153 acres. The County's grant application anticipated the possibility of obtaining up to $172,000 in federal matching funds for this project from the federal Farm and Ranch Land Protection Program (FRPP). The County applied for those federal matching funds in March. DEAPR was notified in early April that the County's Breeze farm application was selected to receive $150,000 from the ADFP Trust Fund. Then on May 21 DEAPR was notified that the County was awarded $172,000 in federal FRPP matching funds for the same project. Over the next several months DEAPR will work with the landowners and the grant agencies on the details of the easement and bring it back for Board for approval at a future meeting. Draft agreements for the grant funds are attached for the Board's consideration. The ADFP Trust Fund has provided a model contract that is to be completed in order to obligate the state grant funds by July 1. The federal FRPP requires that the County amend an existing Cooperative Agreement that the County entered with the US Commodity Credit Corporation for an earlier farm easement project in 2009. The agreement is needed to obligate the 2 ` federal funds for use by the County. The amendment adds the additional $172,000 and new timeframe for completing this project by August 31, 2013. Both agreements need to be completed before June 30, prior to the Board returning from its summer break. Both agreements will be reviewed for approval by the County Attorney. FINANCIAL IMPACT: The proposed conservation easement would reduce market value of the 153-acre property by an estimated $590,000 (as determined by January 2009 appraisal). The County's proposal is to pay the landowner $472,000, or 80 percent of the easement value. The State ADFP grant would contribute $150,000 and the federal FRPP grant would contribute $172,000. The estimated County share of the purchase price is $150,000 (32%) although that could change with an updated appraisal. The landowner has pledged to donate up to $118,000 in easement value, and take advantage of federal and state tax benefits available for partial easement donations. The County would pay its share of the purchase price (approximately $150,000) and an estimated $10,000 in transaction costs for the appraisals, boundary survey, legal fees and title insurance. The total cost to the County would be no more than $180,000. The County's share of funds would come from the remaining $281,727 in alternative financing approved by the Board of Commissioners in FY 2003-04 (total of $3.0 million). A Conservation Easement Capital Project Ordinance would be provided to the Board for consideration at a future meeting. RECOMMENDATION(S): The Manager recommends that the Board authorize the Chair to a) sign the amendment to the Cooperative Agreement between Orange County and the US Commodity Credit Corporation for the receipt of $172,000 in federal funds for the acquisition of an agricultural conservation easement on the Breeze farm prior to August 31, 2012. The terms of the final agreement are subject to final review by the County Attorney and staff; and b) sign the contract between Orange County and the NC Department of Agriculture and Consumer Services for the receipt of $150,000 in state funds for the acquisition of an agricultural conservation easement on the Breeze farm prior to June 30, 2012. The terms of the final agreement are subject to final review by the County Attorney and staff.