HomeMy WebLinkAbout2021-312-EMS-Town of Hillsborough-INTERLOCAL AGREEMENT FIRE PREVENTION SERVICESRevised 07/20
ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Party/Vendor Name: Town of Hillsborough Party/Vendor Contact Person: Margaret Hauth Contact Phone: 919-
296-9471 Party/Vendor Address: P.O. Box 429 City Hillsborough State: NC Zip: 27278 Department: Emergency
Services Amount: $134,452 Revenue Purpose: INTERLOCAL AGREEMENT FIRE PREVENTION SERVICES
OF PLAN REVIEW, PERMITTING, INSPECTIONS, AND RELATED SERVICES Budget Code(s): ES – Fire
Marshal Division Vendor # N/A (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract
Type: (Check one) New Renewal Amendment Effective Date Approved by Board Yes No
Agenda Date:
This agreement is approved as to technical form and content and I as Department Director affirmatively state work on
this project has not been initiated prior to execution of the agreement:
Department Director’s Signature ________________________________________ Date: ________
Agreements for emergency services or repair are not subject to the above affirmation. If services related to this
agreement have already begun or been completed please briefly describe the nature of the emergency condition that
was addressed:
Information Technologies
(Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is
approved as to information technology content and specifications:
Office of the Chief Information Officer___________________________________ Date: ________
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications, and requirements:
Office of the Risk Management Officer___________________________________ Date: _________
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act:
Office of the Chief Financial Officer ____________________________________ Date: _________
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney __________________________________________Date: ________
Clerk to the Board
Received for record retention:
All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Office of the Clerk to the Board __________________________________________Date:_________
DocuSign Envelope ID: 72E0AF26-A8D1-4E47-A860-E8482E8BDD6E
6/7/2021
6/14/2021
6/21/2021
6/23/2021
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North Carolina
Orange County
INTERLOCAL AGREEMENT BETWEEN ORANGE COUNTY AND TOWN OF
HILLSBOROUGH FOR THE FIRE PREVENTION SERVICES OF PLAN REVIEW,
PERMITTING, INSPECTIONS, AND RELATED SERVICES
TO BE PERFORMED BY THE
ORANGE COUNTY FIRE MARSHAL DIVISION OF THE
DEPARTMENT OF EMERGENCY SERVICES
This is an Interlocal Agreement, made and entered into by and between Orange County,
(hereinafter referred to as “County”), and the Town of Hillsborough, (hereinafter referred to as
“Town”), (collectively referred to as “Parties”) shall have an effective date as of the date on
which it is executed by County.
WHEREAS, this Agreement is entered into pursuant to North Carolina General Statutes
§§ 160d-202 and 1102, which permits the Town to request the Board of County Commissioners
to direct one or more County fire inspectors to conduct fire prevention services within the Town’s
jurisdiction.
WHEREAS, County maintains the Department of Emergency Services which includes a
Fire Marshal Division that conducts fire prevention services, including inspections, plan review and
inspections, issues permits, enforces the fire codes, authorizes facilities and capital
improvements, retains administrative records and provides other support services relating to the
Building Division operations (hardware and software) for the County, and
WHEREAS, the Town desires to procure the services of the County’s Emergency
Services’ Fire Marshal Division to perform fire protection services for plan examinations,
permitting and inspection services within the municipal and extraterritorial jurisdictional (ETJ)
boundaries of the Town, as it exists now and as it may change from time to time; and
WHEREAS, County, through said Fire Marshal Division, is willing to perform such
services pursuant to the terms and conditions hereafter set forth.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual terms, conditions,
promises, covenants, and payments hereinafter set forth, County and Town agree as follows:
ARTICLE 1 – SCOPE OF SERVICES
1.1. Beginning July 1, 2021, Town hereby authorizes the County to enforce, all applicable
North Carolina State Building Codes and the Town Code related to fire safety and fire prevention
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Interlocal Agreement between Orange County
and Town of Hillsborough for Fire Prevention Services
May 11, 2021
within the Town of Hillsborough and its extraterritorial zoning jurisdiction.
1.2. The County shall perform the above Services through its Fire Marshal Division, or any
successor division/department that the County Manager may designate.
1.3 The County shall perform the Services listed in this Article and shall charge appropriate
fees for such Services as set out in the Orange County Fee Schedule, and as it may be amended
from time to time.
ARTICLE 2 – RESPONSIBILITIES OF TOWN OF HILLSBOROUGH
2.1 The Town will amend its Code of Ordinances to align with the North Carolina Fire
Prevention Code, as it may be amended from time to time. It is both parties’ intent that any
local amendments adopted by the County will also be adopted by the Town, to the extent that
the amendment is applicable to Town.
2.2 The Town will include the Fire Marshal Division staff in the internal and technical
review of proposed developments, as described in its Unified Development Ordinance.
23 The Town shall provide annual permit activity and growth projections to the County in the
same manner that the information is provided to the Town Board and/or the Building Inspections
office to assist in communication and workflow planning.
2.4 The Town shall provide information sessions to the Fire Marshal Division staff regarding
utility operations that impact fire inspections and fire safety, including but not limited to,
procedures for bringing new water lines into service and how testing may impact availability for
use during inspections.
ARTILCE 3 – RESPONSIBLITIES OF ORANGE COUNTY
3.1 The County will continue the inspection schedule established by the Town prior to this
Agreement so inspected facilities will not see a markedly different inspection schedule,
consistent with the occupancy.
3.2 The County will invite the Town to participate in the hiring process when an inspector
serving the Hillsborough community is being selected.
ARTICLE 4 – COMPENSATION
4.1. Permits shall be issued by the County in accordance with the fees charged by the
County; as such, fees may be amended from time to time. All fees shall be based on the approved
Orange County Fee Schedule to provide the Services set forth in this Agreement. County shall
retain all fees collected from inspections, permit applications, and plan review.
4.2 Fiscal Year 2021 – 2022 Costs. The total compensation Town shall pay to the County for
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Interlocal Agreement between Orange County
and Town of Hillsborough for Fire Prevention Services
May 11, 2021
Fiscal Year 2021-2022 shall be One Hundred Thirty-Four Thousand Four Fifty-Two Hundred dollars
and 00/100 ($134,452).
4.2.1. Employee Costs. In recognition of the volume of work required in the Town’s
jurisdiction and its impact to the current workload in the County Fire Marshal Division, the Town
shall pay the County $75,952, which is equal to the annual salary, benefits, and recurring expenses
for an experienced Assistant Fire Marshal within the county’s current pay and classification
system.
4.2.2. Vehicle Costs. The Town shall make a one-time payment of $58,500 to cover non-
recurring vehicle and equipment expenses for one FTE.
4.3 Annual Costs. After the first year, the Town and County shall reevaluate the costs and
revenues associated with this service annually during each jurisdiction’s budget process. By
January 31 of each year for that fiscal year, the County shall provide to the Town:
4.3.1 Projected annual expenses and projected revenues received from business
enterprises in the Town limits and ETJ. If revenue growth exceeds the annual expense increase,
the annual fixed payment will remain unchanged. If expense growth exceeds revenue growth, the
Town will increase the payment to an amount not to exceed 5% of the original amount or the
actual change, whichever is less; and
4.4 Vehicle Replacement Costs. After the first year, the Town shall provide an annual payment
to the County equal to 1/5 of the purchase price of a vehicle, based on the standard vehicle
assigned to county staff conducting inspections. For Fiscal Year 2022-23, the amount shall be
$9,000.
4.5 The payment agreement in paragraph 4.2, 4.3, and 4.4 is considered the base agreement
and is subject to change upon agreement by the Town Manager and County Manager if a
deviation is needed to continue the agreement.
ARTICLE 5 – TRANSFER OF PERSONNEL
5.1 The Town will transfer the current Town Full Time Employee performing Fire Prevention
services to the County. The Employee will become a County employee subject to the authority of
the County Manager and the Orange County Personnel Ordinance, Chapter 28, Orange County
Code of Ordinances.
5.2 The Parties acknowledge that it is an important objective of this Agreement that the
Employee's current total compensation package be maintained at a substantially equivalent level
through their transfer to the County. However, the combination of salary and benefits may
change. The Parties recognize that all compensation components to the Employee after the
transfer will be subject to changes in salaries and benefits in the same fashion as other Coun ty
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Interlocal Agreement between Orange County
and Town of Hillsborough for Fire Prevention Services
May 11, 2021
employees. The County and Town will develop a detailed schedule comparing the total pre -
transfer and post-transfer compensation for the Employee.
ARTICLE 6 – EFFECTIVE DATE AND TERM OF INTERLOCAL AGREEMENT
6.1. This Agreement shall become effective upon execution by the BOTH PARTIES and shall
continue in full force and effect until midnight, June 30, 2026, unless sooner terminated by either
party as provided for herein. The Interlocal Agreement will automatically renew for three (3)
additional five-year terms unless either party notifies the other party in writing of its intention
not to renew at least 180 days prior to expiration of the then-current term.
6.2. This Agreement shall remain in full force and effect until it expires or through the
termination date or any extended termination date, as set forth above or in Article 9 –
Termination below.
6.3 The County will begin taking actions under this agreement on July 1, 2021.
ARTICLE 7 – GOVERNMENTAL IMMUNITY
The Town will indemnify and hold the County harmless from all claims, demands or actions
whatsoever arising from the County’s provision of services under this Agreement unless the same
results from the intentional or negligent conduct of the County. It is the intent of this Section that
the Town indemnifies the County to the fullest extent permitted by law.
ARTICLE 8 – INSURANCE
The County and the County’s employees performing services pursuant to this Agreement
are insured to the extent permitted by law. The parties acknowledge and represent that the
Agreement does not create an obligation on part of the County to insure the Town or employees
of the Town for actions relating to or undertaken in accordance with this Agreement.
ARTICLE 9 – TERMINATION
Either party may terminate this Interlocal Agreement, with or without cause, by
providing notice to the other party of termination in writing at least 180 days prior to the effective
date of termination. This Interlocal Agreement may also be terminated by court order upon the
finding that there has been substantial breach of this Interlocal Agreement by the non -
complaining party so as to entitle the complaining party to be relieved of its obligations under
this Interlocal Agreement.
ARTICLE 10 – NOTICES
Any and all notices given or required under this Agreement shall be in writing and may
be delivered in person or by United States mail, postage prepaid, first class and certified, return
receipt requested, addressed as follows:
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Interlocal Agreement between Orange County
and Town of Hillsborough for Fire Prevention Services
May 11, 2021
To County: Bonnie Hammersley
Orange County Manager
P.O. Box 8181
Hillsborough, N.C. 27278
With copy to: Kirby Saunders
Orange County Emergency Services Director
P.O. Box 8181
Hillsborough, N.C. 27278
To Town: Eric Peterson
Hillsborough Town Manager
P.O. Box 429
Hillsborough, N.C. 27278
With copy to: Margaret Hauth, AICP
Hillsborough Assistant Town Manager/Planning Director
P.O. Box 429
Hillsborough, N.C. 27278
ARTICLE 11 – MISCELLANEOUS PROVISIONS
10.1. ASSIGNMENT: County shall perform the selected Services provided for in this Agreement
exclusively and solely for the Town which is a party to this Agreement. Neither party shall
have the right to assign this Agreement.
10.2. WAIVER: The waiver by either party of any failure on the part of the other party to
perform in accordance with any of the terms or conditions of this Agreement shall not be
construed as a waiver of any future or continuing similar or dissimilar failure.
10.3. SEVERABILITY: The invalidity of any provision of this Agreement shall in no way affect
the validity of any other provision.
10.4. ENTIRE AGREEMENT: It is understood and agreed that this Agreement incorporates and
includes all prior negotiations, agreements or understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this Agreement that are not contained in this docu ment.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any
prior representations of agreements, whether oral or written.
10.5. MODIFICATION: It is further agreed that no modifications, amendments or alterations in
the terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
DocuSign Envelope ID: 72E0AF26-A8D1-4E47-A860-E8482E8BDD6E
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Interlocal Agreement between Orange County
and Town of Hillsborough for Fire Prevention Services
May 11, 2021
10.6. CHOICE OF LAW; WAIVER OF JURY TRIAL: Any controversies or legal disputes arising
out of this transaction and any action involving the enforcement or interpretation of any rights
hereunder shall be submitted to the jurisdiction of the State courts of the State of North Carolina,
seated at Orange County, North Carolina, and governed by the laws of the State of North
Carolina. To encourage prompt and equitable resolution of any litigation that may arise
hereunder, each party hereby waives any rights it may have to a trial by jury of any such litigation
and will submit to bench trial.
10.7. DRAFTING: This Agreement has been negotiated and drafted by all parties hereto and
shall not be more strictly construed against any party because of such party’s preparation of this
Agreement.
10.8. RECORDING: This Agreement may be recorded in the public records of Orange County, in
accordance with the North Carolina General Statutes.
[SIGNATURE PAGE TO FOLLOW]
DocuSign Envelope ID: 72E0AF26-A8D1-4E47-A860-E8482E8BDD6E
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Interlocal Agreement between Orange County
and Town of Hillsborough for Fire Prevention Services
May 11, 2021
SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal Agreement
Between Orange County and Town of Hillsborough for selected Services to be Performed by the
Orange County Emergency Services Department, Fire Marshal Division on the respective dates
under each signature: Orange County through its Board of County Commissioners, signing by
and through its County Manager, and the Town, signing by and through its Town Manager,
authorized to execute same by Town Board of Commissioners action on the 10th day of_May__,
2021.
Orange County, North Carolina ATTEST:
Bonnie Hammersley, County Manager Laura Jensen, Clerk to the Board
Orange County Board of Commissioners
Town of Hillsborough, North Carolina ATTEST:
Eric J. Peterson, Town Manager Sarah E. Kimrey, Interim Town Clerk
Approved as to form and legal sufficiency:
Annette M. Moore, Sr. Staff Attorney
Approved as to form and legal sufficiency:
Robert Hornik, Hillsborough Town Attorney
This disbursement has been pre-audited in the manner required by the Local Government
Budget and Fiscal Control Act.
Eric J. Peterson, Interim Finance Director, Hillsborough
DocuSign Envelope ID: 72E0AF26-A8D1-4E47-A860-E8482E8BDD6E