HomeMy WebLinkAbout2011-407 DEAPR - Durham County for the operation and maintenance of Little River Regional Park and Natural Area STATE OF NORTH CAROLINA
COUNTY OF ORANGE INTERLOCAL AGREEMENT FOR THE
and OPERATION AND MAINTENANCE OF
COUNTY OF DURHAM LITTLE RIVER REGIONAL PARK AND
NATURAL AREA
This INTERLOCAL AGREEMENT, is hereby made and entered into this the 12th day of
December, 2011, by and between ORANGE COUNTY, hereinafter referred to as "Orange
County," and DURHAM COUNTY, hereinafter referred to as "Durham County," pursuant to
N.C. Gen. Statute 160A-460 et seq., and other applicable laws.
WITNESSETH:
WHEREAS, Orange County and Durham County own certain adjacent property known
collectively as Little River Regional Park and Natural Area, (hereinafter referred to as "Park"),
of which 136 acres are located in Orange County and 255 acres are located in Durham County, a
map of which property is attached hereto as Exhibit A; and
WHEREAS, Orange County and Durham County have agreed to make the Park available
for low-impact outdoor recreational purposes, including picnic areas, play meadows, nature
study,walking trails, and other recreational uses; and
WHEREAS, Orange County and Durham County have agreed to monitor and protect
sensitive natural and cultural resources known to exist on the Park property; and
WHEREAS, Orange County and Durham County desire to share revenues and expenses
equally for the joint use and mutual benefit of the citizens of both counties; and
WHEREAS, Orange County and Durham County agree that Orange County should
operate and maintain the park to the mutual benefit of citizens of both counties during the term
of this Agreement and any subsequent extended term thereof, pursuant to N.C. Gen. Statute
160A-355,N.C. Gen. Statute 160A-460 et seq., and other applicable law.
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements
contain herein,the parties hereto agree as follows:
1. General
1. Park Name. The official name of the Park shall be "Little River Regional Park and Natural
Area." Orange County will install a prominent sign, consistent with Orange County zoning
regulations, at the entrance to the park indicating that name as approved by both counties and
included in the Park Master Plan. In some instances,the name may be shortened to the"Little
River Park".
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2. Park Master Plan. The Master Plan shall be developed jointly by Orange and Durham
Counties so as to incorporate all property and facilities within the Park, both existing and
proposed. The Master Plan, when amended shall be presented to both Boards of County
Commissioners(hereinafter collectively referred to as"Boards") for approval.
The Master Plan shall include adopted functional uses, a general land use map that depicts
existing site constraints and locations for proposed phasing of Park improvements and
general programming. The Master Plan shall acknowledge and incorporate existing park
development.
3. Management Plan. A Management Plan will be developed jointly by Orange and Durham
Counties. This document will accompany the Master Plan and will also be presented to both
Boards for approval.
The Management Plan is a long-term stewardship and general programmatic usage document
detailing management of the natural, biological, cultural and man-made features of the park,
in keeping with the Master Plan goals.
4. Names on Park Facilities. Any formal naming of park amenities (e.g., trails, shelters, etc.) or
acknowledgment of people or entities on signage (e.g., project partners, monetary
contributors, etc.) will be in accordance with a joint naming policy to be developed and
approved by both Boards as a part of the Management Plan.
5. Ownership The land shall continue to be owned as separate parcels with Orange County
owning the 136 acres located in Orange County and Durham County owning the 255 acres
located in Durham County.
a) Conservation Easements. Both counties recognize that the Park was acquired
with grants from the NC Clean Water Management Trust Fund and NC Parks and
Recreation Trust Fund and that there are conservation easements in place
encumbering the properly as a result of those grants. The conservation easements
are recorded at the Orange County Register of Deeds, Book 2198 Page 256 and at
the Durham County Register of Deeds,Book 3027 Page 194.
b) Easements. Any access easements acquired for the public use of adjacent private
property shall be approved by both Boards.
C) Additional Tracts. As opportunities develop in the future, additional tracts may
be considered by the two counties for acquisition. Amendments to the Master
Plan to include the additional tract(s) will be initiated through the joint county
staff with recommendations to both Boards for approval. If the proposed
additional tract(s) require additional costs for maintenance and/or operations, then
the additional cost of maintenance and/or operations shall be negotiated and
approved by both Boards. If, however, the additional tract(s) will have no
financial impact on costs associated with Park operations and maintenance, then
the purchase of each proposed tract may be made by the County where the tract is
located if the tract is located in only one of the Counties. If the tract is located in
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both Counties, both Boards must approve the purchase and must approve the
manner in which title to the tract is conveyed.
II. Park Management
1. Allowed Uses. The Park shall be open and available to the general public regardless of race,
gender, color, creed, age, disability, familial status, marital status, veteran status, political or
religious affiliation or national origin. Orange County and Durham County, through their
respective Boards, with input from a citizen advisory committee and other members of the
public, have agreed on what uses will and will not be allowed in the Park. Modification of
the approved uses will be considered through the joint county staff and recommended for
consideration and approval by the Boards.
2. Annual Objectives: Operations at the Park shall be guided by a jointly approved set of
priorities and actions developed by fiscal year in conjunction with the annual budget. The
Annual Objectives may be modified as needed throughout the year based on agreement from
both counties. The Annual Objectives should specify major new capital projects, major
maintenance or operational issues, general programming and other activities. Orange and
Durham staff will meet twice annually to discuss the budget and objectives. Annual
objectives shall be consistent with the approved Management Plan and Park Master Plan.
3. Park Policies and Regulations. Orange County and Durham County, through their Boards,
shall approve all rules, regulations, ordinances, policies, and fees, contained in Operational
Guidelines to be implemented by Orange County and where necessary by Orange County
and Durham County in the operation and management of the Park, unless specifically
otherwise provided for in this Agreement. The policies and regulations may be amended
from time to time by mutual agreement and approval of the Boards.
4. Budget. The Orange and Durham County Managers, or their designees shall meet to consider
and make recommendations regarding an annual budget for the operation of the Park, and a
capital budget. The annual budget should be based on proposed annual objectives as detailed
above. The capital budget shall include proposed capital improvements to be made to the
Park within the next fiscal year. The recommendations of the Managers shall be submitted to
their respective Boards. The Boards shall each consider such budget recommendations and
take such action as deemed appropriate. If the Boards do not both agree to the annual budget
as submitted by the Managers, the Managers shall meet again to try to create another budget
proposal, and the Boards shall again attempt to come to agreement. The failure of the
respective Boards to agree upon an annual budget after a second attempt shall be grounds for
terminating this Agreement. Transfers between FY budgetary line items of up to $1,000 can
be made administratively by Orange County; transfers over $1,000 require the consent from
Durham County Manager or his designee.
5. Annual Reports. Reports on the activities in the park may be prepared for presentation as
needed by Durham and/or Orange Counties. Any reports prepared for presentation should be
shared with the other county.
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III. Park Funding.
1. Annual Operations. All operating and maintenance costs of the Park shall be shared equally
by both counties (Orange County 50% and Durham County 50%). Orange County shall be
responsible for operating and maintaining the Park and shall invoice Durham County twice
annually for 50% of the actual operating and maintenance costs, including building and
grounds maintenance, personnel costs, indirect costs, property insurance and any other costs
incurred to properly operate and maintain the Park. Notwithstanding the foregoing, Durham
County shall not share in the cost to repair damage to the Park and its facilities caused by the
intentional or gross negligent acts and omissions of Orange County personnel or its
contractors in the performance of their obligations rendered pursuant to this Agreement.
Orange County shall not share in the cost to repair damage to the Park and its facilities
caused by the intentional or gross negligent acts and omissions of Durham County personnel
or its contractors in the performance of their obligations rendered pursuant to this Agreement.
In no event shall the amount invoiced exceed the budgeted amount for the Park in the then
current fiscal year.
2. Emergency Expenses. Amounts budgeted for the Park as part of each county's annual
budget may be increased to cover unforeseen and unbudgeted expenses. Such unforeseen and
unbudgeted expenses shall be invoiced as provided here but only after it is approved by both
County Managers and both Boards as an amendment to the applicable Park budget. Provided,
however, emergency repairs (as defined herein) needed may be undertaken after their cost is
approved in writing by both County Managers. For purposes of this Agreement, the term
"emergency repair(s)" shall mean those repairs made necessary as the result of acts of God
which repairs cannot be postponed for approval of a budget amendment by both Boards.
After the costs are approved by the County Managers, both Boards shall be presented with
said emergency repair costs as an amendment to the applicable Park budget at the next
regularly scheduled Board meeting of each Board. Each County will provide to the other
County detailed accounting of both direct and indirect costs for reconciliation purposes.
Insurance reimbursement for repairs shall be accounted for in the applicable Park budget and
made a part of the reconciliation.
3. Alternate County Expenses
a. Single County Expenses. Notwithstanding the foregoing, either County may budget
and/or expend funds for Park activities which the other County will not or cannot
approve, so long as such expenditure or any portion thereof is not invoiced to the
other County for reimbursement or charged against the other County as an
expenditure. Such unshared expenditures shall not be considered a part of the Park
budget and shall not become a cost to be reimbursed. Any such activities financed by
one County must still be an approved as an activity by both Counties, and shall be in
accordance with the Master Park Plan.
b. Alternate County Funding. By mutual agreement, any activity(ies) may be funded by
the two Counties using a cost-sharing ratio other than 50150 if mutually agreed to in
writing in advance of the activity.
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4. Capital Costs Capital costs of the Park shall be shared equally by both counties (Orange
County 50% and Durham County 50%) and paid for as provided in section 111 6, herein.
Notwithstanding the foregoing, either County may budget and/or expend funds for jointly
approved capital investment projects for the Park, for which the other County will not or
cannot approve funding for, so long as such expenditure or any portion thereof is in
accordance with the Park Master Plan, and not invoiced to the other County for
reimbursement or charged against the other County as an expenditure. Such unshared
expenditures shall not be considered a part of the Park budget and shall not become a cost to
be reimbursed in the event of termination.
5. Park Revenues. All revenues generated from operation of the Park shall be shared equally by
the two counties (Orange County 50% and Durham County 50%). Revenues shall be
collected, when due, by Orange County, netted against operating and maintenance costs of
the Park and designated as a set off on the invoice from Orange County to Durham County
provided for in Section III of this Agreement.
6. Review and Reconciliation. At the end of each fiscal year, the Finance Directors of both
Counties shall conduct a review and reconciliation of amounts paid and payable under this
Agreement. Such adjustments or payments as may be necessary to effectuate the
reconciliation agreed upon by the Finance Directors of both Counties shall be promptly
made. Reconciliation shall be completed prior to October 15 of each year.
IV. Park Operations
1. Park Operation and Maintenance. During the term of this Agreement, Orange County shall
manage the Park according to the terms of this Interlocal Agreement, jointly approved
Operating Guidelines, and jointly approved Annual Objectives and shall provide operation
and maintenance services customarily provided for in the management of a park. Orange
County shall do and perform any and all things reasonably necessary for the pleasure,
comfort, service and convenience of those who use the Park, as well as to protect and
preserve the natural resources and facilities within the Park.
a) Maintenance of Grounds. Maintenance of the Park grounds shall be performed by
employees of Orange County or contractors as necessary to ensure proper and
adequate maintenance. All contract maintenance costs shall be documented and
accounted for as provided in Section III.
b) Maintenance of Buildings. Maintenance of all buildings and structures located on
Park property shall be performed by employees of Orange County or contractors as
necessary to ensure proper and adequate maintenance.
c) Personnel. Personnel at the Park will be Orange County employees or independent
contractors employed by Orange County under the jurisdiction of Orange County and,
if Orange County employees, will fall under the personnel rules and policies
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governing the hiring, discipline, dismissal, pay and any other procedures established
by Orange County affecting its employees.
2. Contracts. Orange County shall contract with engineers, consultants, contractors and other
parties as necessary to operate the Park in accordance with the Master Plan, Management
Plan, Annual Objectives, Operational Guidelines, and Annual Budget. In all cases, Orange
County will comply with both counties' shared goals of enabling minority-owned firms to
participate as contractors and sub-contractors in contracts for the development of the Plan.
Orange County shall also comply with bidding procedures set forth by general statute and
shall not exceed budgeted amounts by either County. Durham County agrees that the
engineers, consultants, contractors and other parties as necessary may access so much of the
Park as is owned by Durham County to accomplish the Plan.
Those contracts required by State law to be approved by a county board, shall be approved
by the Orange County Board. Those contracts not requiring board approval by State law shall
be approved in accordance with Orange County fiscal policy.
3. Insurance. Both counties will share equally the cost of property insurance pursuant to
Section 111(1). The cost of liability insurance maintained by either party, if any, shall not be
shared.
4. Park Security and Public Safety. Orange County and Durham County shall coordinate their
efforts in providing for safety and security of users of the Park, Park staff, and adjacent
landowners in the most effective and efficient manner possible. Orange County and Durham
County agree to enter into a mutual aid agreement providing for response to fire and
emergency medical services.
S. Park Caretaker Residence. Orange County shall contract with engineers, consultants,
contractors and other parties as necessary to establish and maintain a Park caretaker
residence near the main entrance to the Park in a manner mutually agreed upon by both
Boards.
6. General Provisions.
a) Relationship of Parties. Durham County and Orange County shall not have the
power to bind or obligate the other party.
b) Assignments. This agreement is not assignable by either party without the written
consent of the other.
C) Notices. All notices provided for in this agreement shall be in writing, addressed
to the respective county managers.
d) Governing Law. This agreement shall be construed under the provisions of the
law of the State of North Carolina.
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e) Good Faith. The parties mutually agree to deal in good faith one with the other in
all respects in performing their duties under this Agreement. All actions
recommended and implemented in the Plan will require joint approval by both
Boards.
7. Entire Agreement. Except as otherwise provided in this Agreement, this Agreement contains
the entire agreement between the parties. Amendments, if any, shall be in writing and signed
by both parties.
8. Duration. This agreement shall be effective as of the above date and will expire June 30,
2014, unless terminated or extended as provided herein. Orange County and Durham County
will discuss, prior to January 1, 2014, whether either county intends to assume or make other
arrangements for operation of the Park upon the expiration of the term of this Agreement, or
whether Orange County and Durham County desires to continue a contractual relationship
for operation of the Park and upon what terms. In the event that this agreement has not been
terminated, renewed or amended prior to the expiration date listed above, it will remain in
effect until such time as both Boards have adopted a new agreement, but no longer than a 12
month period.
9. Termination.
a) This agreement shall be subject to annual review and may be terminated at the
end of the fiscal year upon one(1) year advance written notice by one party to the
other party.
b) Upon the expiration or termination of this Agreement, park amenities and the
costs associated therewith will be distributed as follows:
i) Real Property: The land shall continue to be owned as separate parcels with
Orange County owning the 136 acres located in Orange County and Durham
County owning the 255 acres located in Durham County. With respect to
additional tract(s) acquired during the term of this Agreement and any
extensions thereof, the additional tract(s) shall be owned in the manner
acquired.
ii) Costs of Improvements: The Counties agree to share equally in the value of
the improvements made to the Park in the respective Counties, including but
not limited to picnic shelters, campsite facilities,restroom structures, and the
park caretaker residence. (For example, if the value of the improvements
made to the portion of the Park which sits in Orange County equals $20,000
and the value of improvements made in Durham County equals $10,000,
then Orange County will reimburse Durham County the set off amount of
$5,000.) The value of said improvements shall be determined at the time of
termination.
iii) Grant Funds: The parties acknowledge that grant funding has and may be
awarded to Durham and Orange Counties for the development of the Park.
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Orange County administers said grants and shall continue to do so for the
joint benefit of the Counties. Upon termination, Durham County shall be
reimbursed by Orange County in an amount equal to 50% of the total grant
funds received, not yet expended and not subject to being returned to the
granting authority, which have been planned for expenditure on amenities
situated or to be situated in the Park.
iv) This Agreement shall survive termination for the purposes of reconciliation
or payment of any amount due and unpaid at the time of termination.
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IN WITNESS WHEREOF,the parties have caused this Interlocal Agreement to be executed as
of the day and year first written above.
ATTEST: FOWhfik Y
By:
Clerk t the Board ion,
O range C ty Manager
ATTEST: FOR DURHAM COUNTY
B R
/V)/J Y•
Clerk to e Board icha M. Ruffin,
Durham County Manager
APPROVED A O FORM AND LEGAL SUFFICIENCY:
O ge Co ty Attorney
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control�Act.
Gx� kCM - Cti�c fih�.k`�l o "wr
This instrument has been pre-audited in the manner required by the Local Government Budget
;and F' cal ontrol Act.
rham Cou y finance Director
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