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HomeMy WebLinkAbout2016-394-E DEAPR - R. S. Jones & Associates, Inc. - land survey services, recordable plat, Pope Farm Conservation Easement DocuSign Envelope ID:0C943255-48A0-4AF2-858E-714AEE815BFE [Departmental Use Only] TITLE Survey- Pope Farm CE FY 2016-17 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT,made and entered into this 25th day of July, 2016, ("Effective Date")by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"),party of the first part; and R.S. Jones &Associates, Inc. (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: Land survey for preparing a recordable plat necessary for Orange County and Eno River Association joint acquisition of a conservation easement for the Captain John S. Pope Farm. The survey will include a delineation of a "Riparian Buffer" area located on the farm. The term of this agreement rendered shall be from July 25, 2016 to September 30,2016. 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 I. 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 Four thousand five hundred dollars, ($4,500). 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 contractor 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: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Revised 6/16 1 DocuSign Envelope ID:0C943255-48A0-4AF2-858E-714AEE815BFE Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5. Indemnity: 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, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement 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. County may suspend this Agreement upon reasonable notice to the Provider. 7. Entire Agreement and Signatures: 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. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. 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 Revised 6/16 2 DocuSign Envelope ID:0C943255-48A0-4AF2-858E-714AEE815BFE 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. [SIGNATURE PAGE TO FOLLOW] Revised 6/16 3 DocuSign Envelope ID:0C943255-48A0-4AF2-858E-714AEE815BFE IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by: ,--DocuSigned by: By: 1561A,lttt, tkaAvitt rLii By: Ole-a."$ yo.,,*4- County .z 16S vf'4B755E477... Title: --CD4B5B81F4CB4BF... 200 S. Cameron St. R.S. Jones &Associates, Inc P.O. Box 8181 201 W. Clay Street Hillsborough,NC 27278 Mebane,NC 27302 Revised 6/16 4 DocuSign Envelope ID:0C943255-48A0-4AF2-858E-714AEE815BFE " LtKTIFICATE OF LIABILITY INSURANCE DATE(MM/DDlYYYY) 07/20/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(Ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT CARL A.WALKER NAME; CARL A.WALKER INSURANCE AGENCY INC PHONE 919-563-0051 FAX PO BOX 553 IA/CA Lo,Est); I WC,No): 919 563-0053 EAIDNDRESS: CARLc@CARLWALKERINSURANCE.COM INSURER(S)AFFORDING COVERAGE NAIC N MEBANE NC 27302 INSURERA: ERIE INSURANCE EXCHANGE 26271 INSURED INSURER B: LLOYD'S OF LONDON 15792 R S JONES&ASSOCIATES INC INSURER C: 201 W CLAY ST INSURER D: MEBANE,NC 27302 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AUULSUdK POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY rDAMAEACH OCCURRENCE $ 2,000,000 COMMERCIAL GENERAL LIABILITY Gt 1U HENItU PREMISES(Ea occurrence) $ 2,000,000 ■. CLAIMS-MADE HI OCCUR MED EXP(Any one person) g 5,000 A I: Q421690212 06/16/2016 06/16/2017 PERSONAL 8 ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 POLICY p4 JECT II LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) /ell ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED �= SCHEDULED 0061630431 AUTOS I=j' AUTOS 06/16/2016 06/16/2017 BODILY INJURY(Per accident) S • HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) g It , $ UMBRELLA MB , I $14 OCCUR EACH OCCURRENCE $ 3,000,000 A II EXCESS LIAB ■ CLAIMS-MADE Q301670212 06/16/2016 06/16/2017 AGGREGATE g 3,000,000 1 R DED RETENTION S WORKERS COMPENSATION WC STATU- NA 0TH- 5 AND EMPLOYERS'LIABILITY Y/N , I TORY LIMITS Lev ER ANY PROPRIETOFt/PARTNERIEX A OFFICER/MEMBER EXCLUDED?ECUTIVE N N/A E.L.EACH ACCIDENT $ 500,000 (Mandatory In NH) Q902100491 06/21/2016 06/21/2017 If es,desvibe under E.L.DISEASE-EA EMPLOYEE g 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 5 500,000 B PROFESSIONAL LIABILITY Limit:$2,000,000 aggregate CK409150-67926159 12/168015 12/168016 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ORANGE COUNTY ACCORDANCE WITH THE POLICY PROVISIONS. DEPT OF ENVIRONMENT,AG,PARKS AND REC PO BOX 8181 AUTHORIZED REPRESENTATIVE HILLSBOROUGH NC 27278 ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:0C943255-48A0-4AF2-858E-714AEE815BFE 1 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 21, 2016 Action Agenda Item No. SUBJECT: Resolution of Approval — Conservation Easement for the Captain John S. Pope Farm; and Approval of Budget Amendment #10-B DEPARTMENT: Environment, Agriculture, Parks PUBLIC HEARING: (Y/N) No and Recreation (DEAPR) ATTACHMENTS INFORMATION CONTACT: 1. Resolution of Approval David Stancil, 245-2510 2. Location Map Rich Shaw, 245-2514 3. Site Map 4. Draft Conservation Easement PURPOSE: To consider a resolution to approve the purchase of and acceptance by Orange County of an agricultural conservation easement for the Captain John S. Pope farm; and approve Budget Amendment #10-B. BACKGROUND: The acquisition of conservation easements to protect highly important natural and cultural resource lands in Orange County is a longstanding goal of the Board of Commissioners, and is a priority of the Lands Legacy program. Since 2001, the County has partnered with landowners and other entities to protect 2,080 acres of prime farmland and natural areas with conservation easements. Over the past four years DEAPR has worked with Robert and Gail Pope and the Eno River Association on a project to conserve highly significant land and water resources at the Captain John S. Pope farm, located at 6909 Efland-Cedar Grove Road (Cedar Grove Township). The Popes raise organic tobacco on this farm, which has remained in continuous operation by the Pope family since at least 1870. The 73-acre farm is located in the Upper Eno Protected Watershed, a priority watershed for acquiring agricultural easements in a dual effort to protect prime farmland and drinking water quality. The farm drains to the West Fork Eno River, which supplies drinking water for the Town of Hillsborough and customers of the Orange-Alamance Water System. Robert and Gail Pope intend to grant a permanent conservation easement that will restrict future development to protect prime farmland and headwater streams, as well as scenic views of the historic farmstead from Efland-Cedar Grove Road. All non-agricultural development rights will be extinguished through the conservation easement. The easement will prohibit future subdivision and allow for no home sites aside from the existing residence (ca. 1874). A 2.28-acre portion of the property will be excluded from the easement to allow construction of a future home on the site of Mr. Pope's parents' former residence in the far southwest corner of the property along Efland-Cedar Grove Road. Future farm activities will DocuSign Envelope ID:0C943255-48A0-4AF2-858E-714AEE815BFE 2 be in accordance with a Conservation Plan prepared for this farm by the Orange Soil & Water Conservation District. A conservation easement would enhance the protection of this historic farm, which is listed on the National Register of Historic Places. According to the National Register, the Pope Farm is one of the best-preserved rural complexes in northern Orange County, exemplifying a mid-sized tobacco farm of the type that prospered from the late 19th century until the 1960s. The complex includes a two-story farmhouse (built 1870-74) and 20 historic outbuildings. The farm was designated a Local Historic Landmark by Orange County in 2012, and is also recognized as a Century Farm by the NC Department of Agriculture and Consumer Services. Finally, the farm is also enrolled in the County's Enhanced Voluntary Agricultural District (EVAD) program. The planned agricultural conservation easement would be held jointly by Orange County and the Eno River Association. The easement would complement the technical assistance from the Orange Soil and Water Conservation District and will also protect stream buffers with separate funding from the Upper Neuse Clean Water Initiative (City of Raleigh). The planned agricultural conservation easement area is depicted on the attached site map. A draft deed of conservation easement is also provided. FINANCIAL IMPACT: The value of the conservation easement is $185,000, which was determined by an appraisal by Kirkland and Associates. DEAPR has worked with the Eno River Association to identify the following funding sources: Orange County (Lands Legacy) $ 87,000 (47%) NC Agricultural Dev. & Farmland Preservation Trust Fund 52,000 (28%) Landowner donation 46.000 (25%) $ 185,000 The purchase price for the conservation easement is $139,000, which is 75 percent of the appraised value ($185,000) as determined by an appraisal by Kirkland and Associates. The landowners will donate 25 percent of the easement value ($46,000), meaning they will forgo that amount and, instead, will be eligible for federal income tax benefits. Funds for the easement purchase would come from Orange County ($87,000 purchase price plus $10,000 for boundary survey and closing costs), the NC Agricultural Development and Farmland Preservation Trust Fund ($52,000), and the Eno River Association (in-kind match). The County's share of funds ($97,000) would come from existing funds budgeted and approved for the Lands Legacy program (Land Legacy Fund). The subject property is enrolled in the Present Use Value taxation program, so the conservation easement would not lessen the amount of property taxes paid to the County. The decrease in the property's market value caused by the conservation easement (and extinguishing of portion of its development rights) would not lower the property value to a level that is less than the current present use value ($61,047). DocuSign Envelope ID:0C943255-48A0-4AF2-858E-714AEE815BFE 3 With this allocation, approximately $3.1 million remains available in the Lands Legacy Capital Project. This Budget Amendment # 10-B provides for the use of the above mentioned funds, and amends the following Capital Project Ordinances: Lands Legacy Capital Project (-$97,000) -Project# 20011 Revenues for this project: Current FY 2015-16 FY 2015-16 FY 2015-16 Amendment Revised Alternative Financing $3,251,472 $0 $3,251,472 From General Fund $301,500 ($97,000) $204,500 Donations $1,000 $0 $1,000 Appropriated Fund Balance $9,337 $0 $9,337 Total Project Funding $3,563,309 ($97,000) $3,466,309 Appropriated for this project: Current FY FY 2015-16 FY 2015-16 2015-16 Amendment Revised Lands Legacy Program $3,563,309 ($97,000) $3,466,309 Total Costs $3,563,309 ($97,000) $3,466,309 Conservation Easements Capital Project ($97,000) - Project#20006 Revenues for this project: Current FY 2015-16 FY 2015-16 FY 2015-16 Amendment Revised Alternative Financing $840,632 $0 $840,632 From General Fund $556,896 $97,000 $653,896 Donations $1,020 $0 $1,020 NC Agriculture Development $135,480 $0 $135,480 Grant Eno River Association $252,843 $0 $252,843 Upper Neuse Clean Water $54,000 $0 $54,000 Initiative NC Conservation Reserve $18,800 $0 $18,800 Program Contribution from Hillsborough $6,157 $0 $6,157 USDA Farmland Protection $936,000 $0 $936,000 Total Project Funding $2,801,828 $97,000 $2,898,828 Appropriated for this project: Current FY FY 2015-16 FY 2015-16 2015-16 Amendment Revised Lands Legacy Program $2,801,828 $97,000 $2,898,828 Total Costs $2,801,828 $97,000 $2,898,828 SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this item. RECOMMENDATION: The Manager recommends that the Board adopt the resolution approving the acceptance by Orange County of the conservation easement and authorize the Chair and the Clerk to sign the conservation easement agreement, subject to final review by staff and County Attorney, with a closing and recordation of the document expected to occur on or about July 31, 2016, and approve Budget Amendment #10-B. DocuSign Envelope ID:0C943255-48A0-4AF2-858E-714AEE815BFE 4 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION Approval of Agricultural Conservation Easement between Orange County and the Eno River Association and Robert and Gail Pope WHEREAS, agriculture in Orange County is an important facet of the economy and time honored way of life in the County; and WHEREAS, Orange County has an adopted goal promoting the preservation of farmland in the County; and WHEREAS, one component of the Lands Legacy Program is the acquisition of conservation easements on prime farmland within water supply watersheds; and WHEREAS, the Captain John S. Pope farm includes approximately 73 acres in the Back Creek protected watershed, consists of a majority of prime agricultural soils, and is located in an agricultural community with good access to farm markets; and WHEREAS, Orange County and the Eno River Association have agreed to collaborate on the joint acquisition of a conservation easement that will protect the prime farmland and riparian corridors that exist on the Captain John S. Pope farm with a conservation easement; and WHEREAS, matching funds have been awarded for this project from the North Carolina Agricultural Development and Farmland Preservation Trust Fund to help purchase the agricultural conservation easement; and WHEREAS, a conservation easement on this approximately 73 acres would ensure the preservation of this farmland for future generations and help to compensate the owners for this long-term commitment; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does hereby 1) accept on behalf of Orange County the agricultural and watershed protection conservation easement to land owned by Robert and Gail Pope; 2) approve the execution of this conservation easement agreement with Robert and Gail Pope, in accordance with the terms of the proposed easement agreement, subject to final review by staff and the County Attorney; 3) authorize the Chair and the Clerk to sign the easement agreement on behalf of the Board, with a closing to occur on or about July 31, 2016; and 4) authorize County staff to sign any and all closing documents upon consultation with the County Attorney. This the 21st day of June, 2016. Earl McKee, Chair Orange County Board of Commissioners Donna Baker, Clerk to the Board