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HomeMy WebLinkAbout2013-511 Planning - Town of Chapel Hill for building inspector assistance INTERLOCAL AGREEMENT FOR BUILDING INSPECTOR ASSISTANCE J. Terms and Conditions r�r�u�n � WITNESS THIS AGREEMENT("Agreement'), to be made effective the2' r da1y of c AW 2 , y and between the jurisdictions of the Town of Chapel Hill (the "Town") and Orange County (the "County") of the State of North Carolina which have executed this Agreement as the Parties hereto. M NOW, THEREFORE, IT IS AGREED: —Please return this copy to the Clerk to the Board's — office for permanent agenda file. 1. Authority. the County and the Town are authorized under the laws of the State of North Carolina to enter into contracts with each other to provide mutual building inspector assistance aid pursuant to G.S. 160A-413 and Article 20, Part I; G.S. 160A-460 through 160A-466. 2. Term. The term of this Agreement shall commence upon the execution and delivery of this Agreement to the Town of Chapel Hill and Orange County and shall continue for three (3) years or until terminated by either party at any time by giving the other party thirty (30) days prior written notice of its desire to so terminate this Agreement. Termination of this Agreement shall not affect either jurisdictions' indemnification obligations under Section 5, or any other accrued liability or obligation hereunder, including without limitation the obligation of Town to pay amounts due hereunder. 3. Assistance. Pursuant to the terms of this Agreement County shall furnish to Town manpower, equipment, apparatus, supplies, and materials from its building inspection department as may be required by Town; provided, however, that the County shall not be required to imperil the operation of its building inspection services, and it shall have the final determination of its ability and capacity to furnish manpower, equipment, apparatus, supplies and materials when requested; provided further, that nothing in this Agreement shall be construed to deprive the County of its discretion to decline to send its personnel, equipment, supplies, materials, or apparatus in aid of a Town under any circumstances, whether or not obligated by contract to do so, and neither the County, nor any of its officers, agents, or employees may be held liable in any civil or criminal action for declining to send personnel, equipment, apparatus, supplies, or materials to Town under this Agreement. 4. Compensation For Assistance. Town shall compensate the County as follows; a. Manpower. Town shall pay the County for the services of its officers, agents, and employees an amount equal to the sum of the following: i, an amount equal to fifty dollars ($50.00) per hour; ii. should the amount equal $90,000 or greater, then this agreement must be further ratified by the Orange County Board of County Commissioners; and b. all out-of-pocket costs and expenses of the County in furnishing said manpower, including without limitation, transportation expenses for travel to and from the work area. Equipment and Apparatus. Town shall pay the County for the use of all equipment and apparatus furnished by the County in the provision of assistance pursuant to this Agreement at a rate or rates mutually agreed upon by the County and Town negotiating in good faith; provided, however, that such rate shall not exceed 1.5 times the prevailing rental rate(s) for similar equipment and apparatus. c. Materials and Supplies. Town shall pay to the County, for all supplies and materials provided by the County in rendering assistance pursuant to this Agreement, the replacement cost of any supplies and materials fully consumed during provision of the assistance. 5. Indemnification. To the extent authorized by North Carolina Law Town shall defend, indemnify, save and hold harmless the County, and its officers, agents and employees from any and all loss, liabilities, judgments, and damages, and all costs, fees (including attorneys' fees) and expenses related thereto, arising directly or indirectly out of, or in any way connected with the provision of assistance to Town hereunder, except when that liability, loss, judgment, or damage results solely from the willful acts or omissions of the County or its officers, agents, or employees. 6. Personnel of the County. Personnel furnished by the County pursuant to this agreement shall be conclusively deemed, for all purposes, to remain officials and employees of the County and while providing aid hereunder and while traveling to and from a Town to provide aid hereunder, such personnel shall retain all rights, privileges, immunities, and benefits, including without limitation, coverage under the North Carolina Workmen's Compensation Act, as they enjoy while performing their normal duties for the County. 7. Counterparts. Each of the Parties shall have executed and delivered to the other jurisdiction an identical Agreement for Building Inspector Assistance. During the Term of this Agreement, the County shall be entitled to all the rights of a Town under such other Agreements for Assistance. 8. Modification. This Agreement shall not be amended, modified, or otherwise changed except when done so in writing and upon the prior written consent of the County and Town, who at that time have terminated their Agreements for Building Inspector Assistance, or given notice of the termination thereof. However, this Agreement may be specifically superseded by a subsequent understanding or agreement, oral or written, and both jurisdictions acknowledge that each jurisdiction may provide or receive assistance under understandings or agreements other than an Agreement for Building Inspector Assistance without in any way affecting the validity of this Agreement and without the necessity of obtaining the consent of any other Town. IN WITNESS THEREOF, the Town has and County have executed this Agreement to be effective the day and year first above written. TOWN OF CHAPEL HILL, NC BY t Town M ex ATTEST Town Clerk (SEAL) This instrument has been pre-audited in the manner r quired by he Local Government Budget and Fiscal Control Act I NIA Finance Director Hl IN WITNESS THEREOF, Orange County, NC has executed this Agreement by the authority of its governing body duly given to be effective the day and year first above written. ORANGE BY ATTEST ou anage Clerk to the Board (SEAL) 17 , This instrument has been pre-audited in the manner 5a required by the Local Government Budget and Fiscal Control Act Clarence G. Grier, Assistant Co. Manager & CFO