HomeMy WebLinkAbout2019-222 Emergency Svc - Eno fire protection agreement STATE OF NORTH CAROLINA
ORANGE COUNTY
FIRE PROTECTION AND EMERGENCY SERVICES AGREEMENT
THIS AGREEMENT ( this "Agreement" ) , made and entered into this day of i j� S , 2019 by
and between Orange County , hereinafter referred to as the " County" and Eno Fire Department ,
hereinafter referred to as the " Fire Department" , referred to herein as " Party" and /or collectively
as the " Parties " .
WITNESSETH .
1 . County created the East Orange Fire Protection District (the " District " ) as a special
tax district pursuant to Chapter 69 of the North Carolina General Statutes and
desires to contract with Fire Department for fire protection and other services as set
out herein .
2 . Pursuant to § NCGS 69 -25 . 4 the County agrees that it will cause to be assessed or
levied a special tax of not more than fifteen cents ( $ . 15 ) per one - hundred dollar
($ 100 ) valuation of all real and personal property in the District unless otherwise
limited or prohibited by law or a vote of the people , and will collect said tax as a part
of the ad valorem taxes of Orange County ; provided however , the amount levied
annually shall be based on the needs projected in the budget estimate submitted by
the Fire Department to the County as approved by the County .
3 . That a special or separate fund shall be maintained by the County for funds collected
as a result of said special tax .
4 . That from said special tax district the Board of County Commissioners will approve a
Fire Protection District tax rate and Annual Budget for the Fire Department . The
County agrees to remit quarterly payments , by the 15th day of the first month of each
quarter . The total quarterly payments to the fire department will equal the annual
budget .
5 . The Fire Department shall provide and furnish adequate fire protection services and
shall provide the necessary equipment , personnel , and other resources as
determined by the North Carolina Department of Insurance , Fire and Rescue Service
Division , and the Insurance Service Office for all persons and property located within
the District . Fire Department currently has an insurance rating of Class 7 , and during
the term of this Agreement will maintain at least a 9E insurance rating . Fire
Department will furnish fire and rescue services free of charge to all persons and
individuals who pay fire tax within the District ( excluding non - public commercial
transportation ) . Fire Department shall strive to maintain the current ISO rating of 7 or
look to achieve an ISO rating of 6 ( or better) . This section does not preclude the Fire
Department from charging a pre -arranged nominal fee when standing by for special
events .
6 . That all funds paid to the Fire Department by the County shall be used exclusively by
the Fire Department to provide fire protection services within the District ( See Exhibit
1 ) , and the Fire Department may also use said funds to provide Medical Responder
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and rescue services within the District , and to pay other legitimate fire , rescue , and
Medical Responder expenses attributable to the services rendered within the District .
This does not preclude mutual aid agreements .
7 . The Fire Department shall provide Medical Responder Services within the District .
Medical Responder Services are defined as the provision of Basic Life Support
treatment as needed until such time as more highly trained personnel arrive on
scene . Such Medical Responder Services may be provided through mutual aid
agreements or through third party contracts
8 . The Fire Department shall provide Hazardous Materials Response Services
according to the North Carolina Department of Insurance North Carolina Fire Rescue
Commission Haz- Mat 1 Responder level for all operational responses in the district .
Hazardous Materials Response Services are defined as defensive actions necessary
to protect life , property and the environment from the effects of the release .
9 . The Fire Department shall provide Rescue Services to all persons and individuals
within the District . Rescue Services are defined as the removal , extrication , or freeing
of individuals from vehicle confinement or danger. Such Rescue Services may be
provided through mutual aid agreements or through third party contracts .
10 . Notwithstanding Section 6 above Fire Department may provide fire protection
services outside the District subject to the following terms and conditions :
A . That Fire Department is authorized to extend their primary insurance fire
protection services in surrounding fire insurance districts to better serve the
citizens by eliminating a class 10 area in the neighboring fire district . The fire
department shall provide a notarized agreement between the fire
departments submitted to the fire marshal for processing to the Board of
County Commissioners .
B . Fire Department shall not expend any funds or resources appropriated for the
use of persons and individuals in the East Orange Fire District for the primary
fire protection services outside the area of surrounding response districts . In
the event any such expenditure occurs for primary fire protection outside of
their insurance response to a neighboring district , the Fire Department shall
immediately notify the County and Fire Department shall take corrective
measures to rectify the expenditure and to ensure such expenditure shall not
be repeated . This does not preclude fire departments in the county to
expend funds toward a fire district in this county for the creation and use of a
joint facility to be utilized for training in fire , rescue and other emergency
services .
11 . That Fire Department shall enter into an agreement with surrounding Departments
in which they shall provide compensation to those departments for their availability
and service in providing primary fire protection services in the insurance response
areas of respective Class 10 area .
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12 . In providing the services contemplated herein the Fire Department shall operate in
compliance with all applicable State and local laws and regulations including , but not
limited to the North Carolina Fire Incident Reporting System ( G . S . 58J945 , NC
Administrative Code , § . 0402 ) . The Fire Department shall submit electronic incident
reports on a quarterly basis to the Orange County Fire Marshal . The Fire Department
further agrees to notify the Fire Marshal ' s Office of the annual corporation meeting
and provide a current list of its Board of Directors no later than 14 days after the by.
laws declare new members take office . The Fire Department shall provide a copy of
the certified personnel roster submitted to the N . C . State Firefighter Association to
the Fire Marshal ' s Office at the time of submission to the association . The fire
department agrees to work with Emergency Management to resource type
personnel , apparatus including pump and tank size , and specialized fire suppression
equipment in Salamander or other software used by Emergency Services . The fire
department shall immediately notify the Fire Marshal ' s Office where there is a
change in fire chief . The County shall have the right to inspect all books and
accounts for the Fire Department at any time . Said inspection shall be conducted by
the Orange County Fire Marshal and /or Orange County Finance Office and /or their
designee . The following minimal performance standards are agreed upon by the
County and the Fire Department and are a part of this contract :
A . Response Time . Fire Department should have the goal of having a
response time that exercises due diligence to responding to all emergencies
when notified of the emergency .
B . Personnel on Scene . Fire Department should have adopted standard
operating guidelines that address the appropriate number of firefighters
needed on all type fire calls . The National Incident Management System
shall be used at all incidents to manage personnel .
C . Training . Fire Department shall have the minimum standard training
requirements set forth by the State of North Carolina and NC Department of
Labor for providing fire and emergency services provided by the Fire
Department . For purposes of this agreement emergency services includes
both Medical Responder services , hazardous materials services , and rescue
services .
D . Fire Investigations . The Fire Department officer in charge at all fire scenes
shall attempt to determine the cause and origin of every fire . When the
officer in charge cannot determine the cause and origin of the fire , or if the
cause is suspected to be of an incendiary nature , the officer in charge may
request assistance from the Orange County Fire Marshal ' s Office .
E . Reports . Fire Department shall keep all records according to state law for
records retention . All State and county required reports and rosters shall be
submitted by the applicable deadlines .
F . Fire Hydrants . The Fire Department should report any malfunctions or
damage to hydrants to the owner of the water distribution system .
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G . Emergency/ Disaster Response . Fire Department shall follow the Orange
County Emergency Operation Framework ( EOF ) Policy when responding to
an emergency or disaster .
H . State of Emergency . County requests that Fire Department , when available ,
assist with the following services , but not limited to , before , during , and
following times of emergency/disaster : 1 ) Debris Clearance ; 2 ) Traffic
Control ; 3 ) Alert and Warning ; 4 ) Search and Rescue ; 5 ) Evacuation
Notification and Coordination ; and 6 ) other life - saving and property
protection measures as necessary . All operations shall be in accordance
with the Orange County Orange County Emergency Operation Framework
( EOF ) Policy .
I . Medical Responder Services . When Fire Department provides Medical
Responder Services assistance , it shall be done in accordance with the
protocols set forth by the Orange County Medical Director .
13 . The Fire Department shall submit to an audit by a Certified Public Accountant , which
will be paid for by the County , and shall be in conformity with General Accepted
Accounting Principles . If an audit has already been performed by a certified entity ,
the Fire Department shall present the County with a copy of that audit . Such audit to
be provided on or before December 31 s' of each year , and to be in conformity with
the most recent audit policies of the County and the North Carolina Local
Government Commission . Further , the fire department agrees to comply with
County budgeting procedures including a mid -year financial statement and other
procedures provided for by State Law and agree to submit budget estimates to the
Board of Commissioners on the standard forms used by County departments . The
Fire Department also agrees to use standard line items for accounting as requested
by the County Finance Department .
A . In the event that the audit reveals any reportable and /or material
issue ( s ) with regard to compliance with generally accepted accounting
principles , or any material weakness or significant deficiencies , the
fire department shall provide a written statement to the county that
contains an explanation of each issue and an action plan (with
implementation timetable ) for resolving each such issue , weakness
and /or deficiency , and shall provide periodic reports to the county on
progress made in resolution of each issue , weakness and /or
deficiency . If resolution of such issues , weakness or deficiencies
requires professional advice on the part of that fire department ' s (or
county ' s ) auditor , the fire department shall bear the cost of such
advice .
B . Should the fire department fail to submit its audit report to the county
within the above time period , the county will suspend all funds
immediately until the audit is delivered as set forth above , except that
the county ' s Chief Financial Officer may grant a reasonable submittal
extension if the department is unable to deliver the audit for reasons
beyond the control of the fire department or the auditor .
C . The fire department agrees that if its financial records are judged to
be un - auditable for purposes of an audit or establishment of a budget
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by the county ' s chief financial officer or the independent audit firm , or
if a regular or special audit by a certified public accountant reveals
competent evidence of reckless or willful financial mismanagement
practices or intentional or criminal wrongdoing , the fire department ' s
Board of Directors will be notified by the county . At that time , the
county and Board of Directors may jointly name a trustee who will
assume responsibility for management and financial decision - making
for the fire department until such time as the county and fire
department ' s Board of Directors agree that the fire department ' s
finances have been stabilized to the extent required to satisfy the
financial management provisions of this contract .
14 . The Fire Department shall comply with the County budgeting procedures , and shall
submit annual budget estimates in accordance with established County budget
timetables . A supporting letter of request for the proposed tax rate shall be signed
by the Fire Department ' s president upon approval of its Board of Directors . The
County will provide the Fire Department with standard forms for budget submission
and the Fire Department shall use such standard forms .
15 . The Fire Department shall comply with the State of North Carolina purchasing
procedures for local governments as identified in Attachment # 1 , as well as other
procedures provided for by state law .
16 . The Fire Department shall file with the County Fire Marshal a true copy of its Articles
of Incorporation , Bylaws , and shall furnish any changes made thereto not less than
thirty ( 30 ) days prior to their effective dates . Further , the Fire Department agrees to
amend its Articles of Incorporation and Bylaws as necessary to meet all minimum
legal requirements for a North Carolina nonprofit corporation , as required by the
provisions of Chapter 55A of the General Statutes of North Carolina . Should Fire
Department be notified that it has failed to meet all minimum legal requirements for a
North Carolina nonprofit corporation and /or failed to maintain its federal , state , or
local tax- exempt status the Fire Department shall , within thirty ( 30 ) days of such
notification , begin taking appropriate steps to remedy said failure . Should said failure
not be appropriately remedied within ninety ( 90 ) days after such notification the
County may withhold special district tax revenues until such time as the Fire
Department meets all minimum legal requirements of Chapter 55A of the General
Statutes of North Carolina and /or until such time as the Fire Department' s tax-
exempt status is restored .
17 . In the event the Fire Department dissolves then the Fire Department shall deliver ,
release , and convey to the County all its equipment , cash , or other assets to be used
by the County exclusively for the provision of fire protection services , rescue
services , or Medical Responder services within the District . Any such dissolution
shall comply with applicable laws of North Carolina . If Fire Department ceases to
provide either fire protection services , rescue services , or Medical Responder
services within the District Fire Department shall deliver , release , and convey to
County all of its equipment , cash , or other assets used for those specific services the
Fire Department has ceased to provide , to be used by the County exclusively for the
provision of fire protection services , rescues services , or Medical Responder
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services within the District . Should the terms of this paragraph conflict with Fire
Department' s Articles of Incorporation the Articles of Incorporation shall control .
18 . The Fire Department agrees to hold harmless and indemnify the County from and
against any and all liability and expenses including attorney fees , court costs and
other costs incurred by the County caused by any act or omission of the Fire
Department , its agents and employees . The Department shall purchase and
maintain , during the term of this Agreement , and any extension hereof , at least the
following insurance coverage :
A . Comprehensive Automobile Liability Insurance with combined single limits
of at least one million dollars ( $ 1 , 000 , 000 ) per occurrence . Coverage shall
be provided under a symbol 1 " . Coverage shall apply , on an excess basis
for hired , borrowed and non - owned vehicles . Coverage shall apply , on a
primary basis , for commandeered vehicles . Volunteers or employees shall
be considered insureds and volunteers and employees shall have
coverage in excess of their personal auto liability limits when they are
using their vehicles on behalf of the Fire Department . Fellow member
liability shall be provided . Auto pollution liability shall be included in the
coverage .
B . Auto physical damage shall be provided on an agreed value basis .
Coverage shall be included for hire , borrowed or commandeered vehicles
without a limit of liability . Coverage shall be provided to bring replacement
vehicle up to the most current national standards , such as NFPA or DOT .
C . Comprehensive General Liability Insurance with limits of at least one
million dollars ( $ 1 , 000 , 000 ) per occurrence and two million dollars
($ 2 , 000 , 000 ) aggregate . The aggregate shall apply per named insured
and per insured location . The policy shall include the following coverage :
Volunteers or employees as insureds , Medical Malpractice , Good
Samaritan Liability Coverage , Intentional Acts Coverage for both bodily
injury and or property damage , Fellow Member Liability , Non - owned
Watercraft , Fire Damage Legal Liability with limits of one million dollars
( $ 1 , 000 , 000 ) , Pollution Liability arising out of emergency operations ,
training activities or equipment wash downs .
D . Directors and Officers Liability Insurance with limits of at least one million
dollars ( $ 1 , 000 , 000 ) per occurrence with two million dollars ( $ 2 , 000 , 000 )
aggregate . This policy shall include coverage for prior acts . The insureds
shall include current volunteers and employees , former volunteers and
employees , and any persons or organizations providing service to the
Department under a mutual aid or similar agreement . Coverage shall
include civil rights type suits such as discrimination and sexual
harassment ; liability arising out of the administration of benefit plans for
employees or volunteers and employment related practice suites .
Coverage shall include claims made for future compensation and benefits
lost from wrongful termination of an employee .
E . Umbrella Liability Insurance with limits of at least one million dollars
( $ 1 , 000 , 000 ) per occurrence and one million dollars ( $ 1 , 000 , 000 )
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aggregate . The umbrella policy shall provide excess coverage over the
Auto Liability Policy , General Liability Policy , and the Employer' s Liability
Section of the Workers ' Compensation Policy . Volunteers and employees
shall be included as insureds .
F . The Department shall maintain Property Insurance protecting against the
risk of direct physical loss or damage . The policy covering the building
shall be written on a Guaranteed Replacement Cost Basis , with coverage .
included for Building Ordinance , Flood , and Earthquake . Coverage shall
include Commandeered Property in the amount of two - hundred fifty
thousand dollars ( $ 250 , 000 ) . Contents coverage shall be provided on a
replacement cost basis . Coinsurance penalties shall not apply .
G . Portable Equipment Coverage shall be provided protecting against the risk
of direct physical loss or damage , including electrical surges . Coverage
shall be provided on a Guaranteed Replacement Cost Basis .
H . The Automobile Liability Policy , General Liability Policy , Umbrella Liability
Policy and Management Liability Policy shall name the County as an
additional insured . The Department shall furnish the County with
Certificates of Insurance showing the type of policy , limits of liability , name
of insurance companies , policy numbers , effective dates and expiration
dates of policies .
I . Workers ' Compensation Insurance covering all volunteers and salaries
firefighters meeting statutory limits in compliance with applicable State and
Federal Laws .
J . Each policy shall also contain a ten ( 10 ) day notice to the County in the
event of cancellation or modification of any stipulated insurance coverage .
19 . In connection with the performance of this Agreement , the Fire Department agrees
not to discriminate against any employee , member , or applicant for employment or
membership because of race , color , national origin , religion , creed , ethnicity , sex ,
sexual orientation , age , disability , political affiliation , and Vietnam - Era or disabled
veteran status . Employees , members and applicants must be competent and
capable to perform the requirements of the job . The Fire Department agrees to take
all reasonable measures to insure that applicants are employed , and that employees
are treated appropriately , during their employment , without regard to their race , color ,
national origin , religion , creed , ethnicity , sex , sexual orientation , age , disability ,
political affiliation , and Vietnam - Era or disabled veteran status .
20 . Term . This Agreement shall continue for a term of five ( 5 ) years unless terminated
as hereinafter provided . This Agreement may be renewed for two additional five -
year terms upon mutual agreement of the Parties . The Parties shall acknowledge
their intent to renew this Agreement for an additional five year term in a writing
signed by both Parties no later than six month before the end of the Term . Either
Party may terminate this Agreement effective at the end of any fiscal year by giving
the other Party notice at least one ( 1 ) year in advance of the end of the fiscal year
that the Agreement is to terminate .
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21 . This Agreement sets forth the entire understanding of the parties and supersedes
any and all prior agreements , arrangements , and understandings related to the
subject matter hereto . This Agreement may not be changed or terminated except in
writing and as provided herein , and no notice shall be effective unless evidenced by
a written instrument duly executed by the Party or Parties , hereto .
22 . Any notice required under this Agreement will be in writing , addressed to the
appropriate party at its address identified on the signature page of this Agreement
and delivered either in person , by email , by facsimile , by registered or certified mail ,
or by commercial courier service . All notices shall be effective upon the date of
receipt .
23 . Any provision or part of this Agreement held to be void or unenforceable under any
Laws or Regulations shall be deemed stricken and all remaining provisions shall
continue to be valid and binding upon the Parties . The Parties agree that the
Agreement shall be reformed to replace such stricken provision or part thereof with a
valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision .
24 . That this Agreement shall be binding upon and inure to the benefit of the parties and
their respective successors , legal representatives and assigns , but this Agreement
may not be assigned by either party without prior written consent of the other party ,
which may be withheld in the sole discretion of a party .
25 . No act or failure to act by the County or the Fire Department shall constitute a waiver
of any right or duty granted to the Parties by the terms of this Agreement . Nor shall
any act or failure to act constitute any approval except as specifically agreed to in
writing .
26 . This Agreement shall be governed by and construed in accordance with the Laws of
the State of North Carolina .
27 . This Agreement and the duties , responsibilities , obligations and rights of respective
parties hereunder shall be governed by the laws of the State of North Carolina . By
executing this Agreement Fire Department affirms that Fire Department is and shall
remain in compliance with Article 2 of Chapter 64 of the North Carolina General
Statutes . By executing this Agreement Fire Department certifies that Fire
Department has not been identified , and has not utilized the services of any agent or
subcontractor identified , on the list created by the State Treasurer pursuant to G . S .
147 - 86 . 58 . By executing this Agreement Fire Department certifies that they have not
been identified , and has not utilized the services of any agent or subcontractor
identified , on the list created by the State Treasurer pursuant to G . S . 147 - 86 . 81 .
28 . Fire Department 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 non - discrimination laws , policies , rules , and regulations and the Orange
County Non - Discrimination Policy and Orange County Living Wage Policy ( each
policy is incorporated herein by reference and may be viewed at
http : //www . orangecountync . gov/departments /purchasing_division /contracts . php . )
Any violation of the Orange County Non - Discrimination Policy is a breach of this
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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 .
29 . 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 .
IN WITNESS WHEREOF , the County has caused this instrument to be executed by the
Chairperson of the Board of County Commissioners and attested by the Clerk to the Board of
County Commissioners , and the Fire Department has caused this instrument to be signed in its
corporate name by its President , attested by its Secretary , and its corporate seal hereto affixed ,
all by order of its Board of Directors .
Acknowledged and agreed to the day and date first above recorded .
ORANGE COUNTY FIRE DEPARTMENT
BY :
1 BY :
r resident
Address : Address : �a ( Q U S "� C)
L4 �z 77 f� U
Contact Person : Contact Person :
ATTEST : ATTEST :
Clerk Board ioners Secretary
( Count S n ( Corporate Seal )
sz
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14
ptta�hment 1
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Dollar Thresholds In North Carolina IT T
Public Contractin
g Statutes
Dollar limits and statutory authority current as of September 1 , 2013
ThresholdIr
Requirement Statute
Formal bidding. (eaknatedcosrafcontruct)
Construction or repair contracts $SD0,000 andabove G S. 141129
Purchase of apparatus, supplies, materials, and equipment $90,000 andabove &S_ 141129
Infornnal bidding (acaw1costefcontract)
Construction or repair contracts $300000toformallimit G & 141131
Purchase ofapparatus, supplies, materials, and equipment $30,000 to formal limit G.S. 143-131
Construction methods authorized for building projects Over $ 300,000 GS. 143A28(a1 )
'wparate PriME Jtvinatedc= afpr ieLt
Single Prime
Dual Bidding
Constructiadm Management at Ride (GS M342U)
Design-Build and Design4k ild Bridging Ir5. 141428. fA0 G. _ 7 43- L5. rB,ir
Public Private Pcrtnership (P3) 65. 143- LA10
Historkally Undendill:ed Business (HUB) requirements
Building construction or repair proje€ts
— Projects with state funding Nwifiable 10% g'oa� requir4 $ 100,000 ormore G 5 141128.2(al
— Locally funded projects ffbarmi H118 wgLurernents) $ 300,000 or more G.S. 141128.2fjy
— Projects in infofmal bidding range Ciafama 1HWreq kwjenW $30,000 to $50010W G.5. 143-131 (b ;,
"Note• F,arnnr�PkAJE ,rt�7ratr�rnentsshauid (� usaa�faa�nihr+malhr �m1dp�*oyletts rastAng t�etwe� �D�,OY,1�and �Sr70,Or�
limit on use of own forces (force account work) (norto exceedl CS. 143-135
Consstruction or repair pioj?ds $ 125,000 (taralprojeetanst) or
$500000 (labor aril} CWJ
Bld band ordeposit
Construction or repair contracts (arleast .5% of bid amaunt) Formal bids ($500,000and above) G.5.143429(b)
Purchase contracts Not required
Pwformanca Pay rnent bonds
Construction or repair contracts (?W% nicwtaNiamount) Each contract o4w $ 93,01300 of G 5 143429(ct
project costing ovor S300 , 00 G 5 Wr2fi
Purchase contras Nbt reared
General contractoes license required $ 30,000 andabove CS. 87-1
Exemption Farce account work tkw above)
Owner-builder affmdavit regtnred force account work (seeabow) &S. 8744(aX1 I
Use of licensed architect or engl.neer required
Norkmuctural work $30D,000 andabove GS, 1334 1(a)
Structural repair, additionsr or new constructon $135,00D andabove
Repair work affecling I ife saietyr systems $ 100,00 ands
Selection of architect, engineer, surveyor, construction manager at risk, or design-build contractor
' Qualification-Based Selection' procedure i, QBSI All contracts unless exempted G.S. 143-64.31
Exemption authorized Only projects where estimated G.S. 143-64. 32
fee is kss than $50,000
From A Legal Gv+dz to Prfchasmg and C nnwx ng hy Jku- uS Camiina Lord coverrua► mts, end ed, by Fray S . Bluestein,
+_+ x" bry the Sdmool of Govenwent, The University of Nuirth Carolina at Chapel HilL AN rights resere*d .
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