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HomeMy WebLinkAboutAgenda - 10-04-1993 - III-E 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item # m-e ACTION AGENDA ITEM ABSTRACT Meeting Date: October 4, 1993 1. SUBJECT: Land Records Management Grant DEPARTMENT: Land Records/GIS PUBLIC HEARING: YES )( NO ATTACHMENT(S) : INFORMATION CONTACT: 9/14/93 Letter from Secretary Roscoe Reeve, Ext 2501 of State State and County Agreement TELEPHONE NUMBER Hillsborough 732-8181 Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 PURPOSE: To accept a $5,000 Land Records Management Grant from the State of North Carolina. BACKGROUND: At the June 29, 1993 meeting, the Board of Commissioners authorized the submission of a Land Records Management Grant proposal to the Secretary of State' s office. Orange County applied for state funds amounting to $48,750. The County has received notice that a grant amounting to $5,000 in state funds has been awarded. Only $348,916 was available for distribution against grant applications totaling over $2.985 million. The grant funds are to be applied to the County' s GIS project, and are matched by County funds already included in the project budget. RECOMMENDATION(S) : The Manager recommends that the Board accept the grant and authorize the Chair to sign the agreement subject to final review by the County Attorney. 2 . State of North Carolina Department of the Secretary of State RUFUS L EDMISTEN SECRETARY OF STATE September 14, 1993 RICHARD H.CARLTON CHIEF DEPUTY SECRETARY OF STATE Mr. John M. Link, Jr. Orange County Manager P. O . Box 8181 Hillsborough, North Carolina 27278 Dear Mr. Link: I am pleased to announce that Orange County has been awarded $5, 000 . 00 matching funds under the North Carolina Land Records Management Program (LRMP) . Your application requesting funds defined a program of land records improvements that will benefit the county' s operation and your taxpayers . With 52 counties requesting grants amounting to over $2 , 985 , 000 . 00 against only $348 , 916 . 00 in available appropriations, it was necessary to scale-down the requests according to an impartial and equitable formula. The figures for the recommended grant awards were obtained by prorating the $348 , 916 . 00 among all applicants according to their documented eligibility for funding over the next fiscal year. In addition, the amounts thus obtained were modified by the imposition of a "ceiling" of $15 , 000 . 00 per county and a "floor" of $2 , 500 . 00 or 5096 of the project cost, whichever was less . Attached are two (2) copies of the LRMP Grant Agreement covering your grant award to be signed and returned to the Land Records Management Program office . This Agreement states the rules and regulations that govern the funding of the state matching grant for your project . When signed by the proper county officials and returned to Phillip L. Stanley, Director, N. C. Land Records Management Division, P.O. Box 27687, Raleigh, North Carolina 27611, your decision to accept this grant will be formally recorded. Agreements not signed and returned by November 10, 1993 will be deemed to have been declined. 300 N. SALISBURY STREET, RALEIGH, N.C. 27803-5909 3 . As usual, when grants are made to counties, audits are required for the work performed under the agreement . Your county will also be required to send a quarterly report to the LRMP office which will address all activities that are involved in the administration of this grant . We hope that the grant funds will help you to continue the excellent program which your county has undertaken. Sincerely, Ru L. Edmisten • RLE/clm Attachments . k cc : Roscoe Reeve • • 94-36 • NOY 3 0 i C srAr ,, ,, /W - ?, State of North Carolina Department of the Secretary of State RUFUS L EDMISTEN SECRETARY OF STATE November 29, 19 9 3 RICHARD H.CARLTON CHIEF DEPUTY SECRETARY OF STATE Mr. John M. Link, Jr. Orange County Manager P.O. Box 8181 Hillsborough, North Carolina 27278 Dear Mr. Link: Enclosed is your copy of executed contract #94-36 between the Department of the Secretary of State and Orange County for the Land Records Management Program grant . Also enclosed, is a sample progress report form to be submitted 1 to this office . This form is due quarterly on January 1st, April 1st, July 1st and October 1st until this contract has been satisfactorily completed. Orange County is now free to purchase any equipment and/or services requested in the grant application, pay for the products ■ in full, then send a paid invoice to this Office with request for I reimbursement . We will immediately review the reimbursement request and reimburse the County for fifty (50), percent of the cost of the products up to the grant dollar amount . Please keep in mind that this grant is intended to upgrade the Land Records units of your County. Computer equipment is not to be primarily utilized for other segments of county government . If this Office can be of assistance in providing information for the purchase of equipment or any other aspect of your project, please feel free to call . "Si ) h i 'h' llip L. anley `,- Iirector NC Land Records Management Division PLS/clm Enclosures cc : Roscoe Reeve 300 N. SALISBURY STREET, RALEIGH, N.C. 27603-5909 Contract No. 94-36 Page 1 of 6 DATE ITEM - NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE LAND RECORDS MANAGEMENT PROGRAM STATE AND COUNTY AGREEMENT THIS AGREEMENT is entered into this 4/74- day of OGjh e/' , 1993 by and between the North Carolina Department of the Secretary of State (hereinafter called the "Department") and the County of Orange (hereinafter called the "County") . WITNESSETH WHEREAS, Section 102-15, of the North Carolina General Statutes empowers the Department to administer a program of technical and financial assistance for the improvement of county land records; and WHEREAS, the Land Records Management Grant Application dated June 16, 1993, prepared and submitted by the County, has been determined by the Department to qualify the County for a grant award; and WHEREAS, the Secretary of State has awarded Land Records Management Grant No. 94-36 in the amount of $5,000 from State matching funds to the County as financial assistance for the completion of the project described in said Grant Application; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. County Engaged. The Department agrees to assist the County and the County agrees to perform the work and responsibilities as more fully described in the Work Program appended hereto as Attachment A and hereby made a part of this Agreement as a complete and sufficient statement of the work encompassed by the Project Description in the Land Records Management Grant Application supporting Land Records Management Grant No. 94-36. 2. General Responsibilities of the County. The County shall: (a) assume positive leadership to perform and carry out in a satisfactory and proper manner as determined by the Department, all elements of the Work Program set forth in Attachment A; (b) engage, with the consent of the Department, qualified contractors for all work not performed by county personnel; and (c) arrange periodic meetings of county officials, local representatives of the legal, surveying, and engineering professions and representatives of the Department to review progress and consider such recommendations for action as may be required. 3. Provision of Funds. To assist in financing the work covered by this Agreement, the County has been awarded a grant of State funds in the amount of $5, 000. It is expressly understood that the County will match this State award with an expenditure of at least $5, 000 of local tax revenues applied exclusively to the work covered by this Agreement. Contract No. 94-36 Page 2 of 6 4. Obligation of Grant Funds. Grant funds may not be obligated by the County prior to the effective date or subsequent to the termination date of this Agreement. All obligations outstanding as of the termination date shall be satisfied by the County within one year after the date specified unless otherwise extended by the State of North Carolina in writing. Such obligations must be related to goods or services provided and utilized within the effective period of this Agreement. The effective period of this Agreement is January 1, 1993 - June 30, 1995. 5. Changes or Extension of Document. The County or the Department may, from time to time determine that changes in the scope of work described in Attachment A will be necessary. Such changes affecting the nature of the work as well as the timing, methodology, and any increase or decrease in the amount of compensation due to the County shall be incorporated in written amendments to the contract which shall be mutually agreeable to the parties hereto and such agreement shall be endorsed thereon by authorized signatures. 6. Termination of Agreement for Convenience. Either the Department or the County may terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. 7. Termination of Agreement for Cause. If through any cause the County shall fail to fulfill in a timely and proper manner its obligations under this contract, or if the County shall violate any of the covenants or stipulations of this Agreement, the Department shall thereupon have the right to terminate this Agreement by giving written notice to the County of such termination and specifying the effective date thereof. Upon the County' s receipt of such notification all work shall immediately cease and no further expenditures shall be claimed against this Agreement except for work already performed. 8. Equal Employment Opportunity. The County and any contractor covered by this Agreement shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex or national origin and shall take affirmative action to ensure equal opportunity in its employment practices. The County and any contractor shall state in its advertisements for employees that all qualified applications shall receive consideration for employment without regard to race, color, religion, age, sex or national origin. 9. Interest of Department Members and Others. No employee of the Department, 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 project, shall (a) participate in any decision relating to this Agreement which affects his or her personal interest or the interests of any corporation, partnership, or association in which he or she is directly or indirectly involved; or (b) have any personal or pecuniary interest, Contract No. 94-36 Page 3 of 6 direct or indirect, in this Agreement or the proceeds thereof. 6 . 10. Access to Records. At any time during normal business hours and as often as the Department or the Department of State Auditor may deem necessary, the County shall make available to the Department or representatives of the Department of State Auditor for examination all of its records with respect to all matters covered by this Agreement and shall permit these agencies to audit, examine and make excerpts of transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment,and other data relating to all matters covered by this Agreement. 11. Retention of Records. The County shall retain all financial records, supporting documents, and other pertinent records related to expenditures against the grant received for a period of three years following the termination date of this Agreement. In the event such records are audited, all records shall be retained beyond the three-year period until audit findings have been resolved. 12. Audit Requirements. The County shall be responsible for an audit of the work performed under this Agreement with copies made available to the Department upon request. The audit may be performed as part of the county's annual audit. 13. Periodic Reporting Requirements. The County shall prepare and submit to the Department quarterly progress reports, due in the Department no later than 10 days after the end of the quarter. Requisition for payment, according to the schedule established by this Agreement, shall be subject to authorization by the Department upon the basis of progress reports evidencing the satisfactory and timely completion of the work shown in Attachment A. 14. Compensation. The Department shall pay to the County an amount not to exceed $5, 000 for the services identified in Attachment A upon the conditions set forth in Paragraph 16 hereto. 1; ' ,r{e,e1 r,,,";{.�.Q„cj by ,U c.�c'V�r,�, by i n.s�r r+Mit.. ea ire.5 ,nu 15. Indemnification. otwithst ndii4�t any provisions of this Agreement, it is expressly agreed that y The County shall indemnify and save harmless the State of North Carolina and its employees, from and against any and all claims, demands, suits, judgments, settlements, etc. , for sums of money for and 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, as in any way connected with the performance of the project covered by this Agreement. Further, the County expressly releases the State of North Carolina from any liability or any losses or damages suffered by the County, directly or indirectly, from or in any way connected with the performance of this Agreement. is 16. Method of Payment. Upon determination by the Department that the services identified in Attachment A have been satisfactorily completed, • t I� Contract No. 94-36 Page 4 of 6 the Department shall pay the amount set forth in Paragraph 14. Such sum shall be paid in every case subject to receipt of a signed requisition for payment in connection with quarterly progress reports required under Paragraph 13 . The County shall be paid in a lump sum or as progress payments by the Department, and the frequency of payment shall be determined by the Department. If all work specified for completion is not completed, payment shall be made on the basis of the percentage of work completed. Lump sum payments will be made only upon completion of all work and approval of the Department. 17. Designation and Employment of Contractor. To carry out the Work Program, Attachment A, of this Agreement, the County may utilize the services of its in-house staff or it may contract for the services to be performed therein with a private business or public agency. Prior to the execution of a contract, or the use of its in-house staff, the County shall provide the Department: (A) A resume of the Contractor for the project. (B) A copy of the proposed contract between the County and the Contractor. (C) A work plan or schedule showing when the deliverable items specified by the County's contract are to be completed, as well as the cost for each deliverable item. The County shall ensure that (a) the standards established by the Department are satisfied, and (b) the contract meets the requirements of this Agreement. 18. Availability of Funds. It is understood and agreed between the Department and the County that the payment of compensation specified in this Agreement, its continuation or any renewal or extension thereof, is dependent upon and subject to the allocation and appropriation of funds to the Agency for the purposes set forth in this agreement. 19. Availability of Public Records. All information, data, documents, maps, electronic data-processing records, magnetic or other tapes, or other documentary material, regardless of physical form or characteristics made, developed, or produced by or for the County as part of the Work Program appended hereto as Attachment A shall be considered as a "public record" or "public records" and shall be subject to Chapter 132 of the North Carolina General Statutes. Any state agency or representative of a state agency shall have access to the public records made, produced, or developed as a part of the Work Program and can receive copies of the public records at a reasonable cost for reproduction purposes. } Contract No. 94-36 Page 5 of 6 "ATTACHMENT A" WORK PROGRAM FOR COUNTY OF ORANGE This Work Program is incorporated by reference hereto in the attached Agreement between North Carolina Department of the Secretary of State and the above County and is made a part thereof. The grant award, which is subject of said Agreement, is being made contingent upon the performance of the following work: to continue a comprehensive mapping program. Contract No. 94-36 Page 6 of 6 IN WITNESS WHEREOF, the Department and the County have executed this Agreement as of the first date written. ATTEST: DEPARTMENT OF THE SECRET. " OF STATE 0 BY BY I�_ � f / R ' S L EDMISTEN TITLE _ : - ,`r• Secretary of State ATTEST: ORANGE COUNTY BY / /�� �1 BY ti / ,/ hairman of the Board C;'my TITLE ` -A_ Am. /, - ,.. Commissioners 1 1 1 i l f 1 • NORTH CAROLINA:LAND' RECO RDS.'MANAGEMENT.PRO GRAM GRANTEE:.QUARTERLY REP 0 RT PR WE CT::STATUS County: Quarter/Near____ _______ Grant:Number. Grant Amount " 1. Progress:::&-Accomplishments...This::Quarter: 2. Activities Planned forNext::Quarter 3. Problems::or:QuestionsEncountered: 4 Project Budget: Invoices.:SUbmitted-ThisA)uarter &TypeofiVork:Covered: b. InvoicesTaid:This:::Quarter&:-Type:,]of Worked:Covered: DATE REPORT SUBMITTED: SIGNATURE OF PERSON MAKING REPORT: