HomeMy WebLinkAboutAgenda - 04-04-2023; 8-l - Approval of Financing Arrangements for Efland Volunteer Fire Department for Renovation of Fire Station #1 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 4, 2023
Action Agenda
Item No. 8-1
SUBJECT: Approval of Financing Arrangements for Efland Volunteer Fire Department for
Renovation of Fire Station #1
DEPARTMENT: Finance and Administrative
Services
ATTACHMENT(S): INFORMATION CONTACT:
Attachment 1. March 14, 2023 Public Gary Donaldson, 919-245-2453
Hearing Notice
Attachment 2. Notes from March 14, 2023
Public Hearing
Attachment 3. Fire Service Agreement
Attachment 4. Certificate of Approval
PURPOSE: To approve the Efland Volunteer Fire Department (EVFD) entering into a financing
arrangement to renovate Efland Fire Station #1, and authorize the Board of Commissioners' Chair
to sign the appropriate documents related to the financing arrangements.
BACKGROUND: The Efland Volunteer Fire Department intends to renovate Fire Station #1
which includes adding office space and improved living conditions including bedrooms for night
first responders. The requisite supporting attachments are attached. The loan amount is
$2,299,798 and will be borrowed from Roxboro Savings Bank. The renovations are projected to
be completed in 2024.
Volunteer fire departments are required to obtain Board of County Commissioners' approval of
such purchases only when they use tax-exempt debt financing to pay for purchase. Volunteer fire
departments are not mandated to obtain Board of County Commissioner approval when
undertaking acquisitions, improvements or purchases that do not require debt financing.
Section 147(f) of the Internal Revenue Code of 1986 outlines specific steps that must occur when
a tax supported fire department enters into a financing arrangement. The department has
completed the required steps to comply with Section 147.
• Conduct a public hearing — On March 14, 2023, EVFD held a public hearing regarding
the renovation project and financing. EVFD advertised the hearing in the News of Orange
newspaper. Per the hearing notes at Attachment 2, no individuals signed up for comment
or made comment when the floor was opened during the hearing.
• Obtain approval of the "applicable elected representatives" — In accordance with
Section 147, the Board of County Commissioners must approve the Department's plan to
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enter into the debt arrangement. This approval does not create liability on the part of
Orange County nor does it make the County responsible for the repayment of any debt
assumed by the fire department. The approval provides a mechanism for the Board of
Commissioners to acknowledge that, through this financing arrangement, the Fire
Department is pledging use of the Fire Tax District's tax dollars to repay the loan. In order
to comply with this IRS requirement, the Chair of the Board of Commissioners must sign
the Fire Service Agreement and Certificate of Approval for the district provided in the
attachments.
FINANCIAL IMPACT: EVFD plans to finance the entire cost of $2,299,798. The Department's
Board of Directors has agreed to a 15-year loan at the fixed rate of 4.53% APR with the Roxboro
Savings Bank. The annual loan repayment amount is $214,585. The department does anticipate
the renovations will cause an increase in the current district tax rate of two cents from 8.28 to
10.28 cents per $100 of assessed valuation. There is no recourse to the County.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
• GOAL: CREATE A SAFE COMMUNITY
The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang
activity, substance abuse, and domestic violence.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
RECOMMENDATION(S): The Manager recommends that the Board:
1. Approve the Efland Volunteer Fire Department entering into a financing arrangement to
renovate Fire Station #1; and
2. Authorize the Chair to sign the appropriate documents related to the financing
arrangement.
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WOMACK PUBLISHING
PO BOX 530
CHATHAM VA 24531
(434) 432-1654ext
ORDER CONFIRMATION
Salesperson: Not Applicable Printed at 03/06/23 13 :25 by mdavi-wp
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Acct # : 20182 Ad # : 51317 Status : New WHOLD
EFLAND FIRE DEPARTMENT Start : 03/08/2023 Stop: 03/08/2023
3900 US HWY 70 WEST Times Ord: 1 Times Run: ***
EFLAND NC 27243 STD 2 . 00 X 1 .22 Words: 58
Total STD 2 .44
Class : 380 Public Notice
Rate: LEG Cost : 27 . 08
# Affidavits : 1
Ad Descrpt : RENOVATION TO FS # 1
Contact : JASON Descr Cont : THE EFLAND VOLUNTEER FIRE
Phone: (919) 732-8941 Given by:
Fax# : P.O. # :
Email : jthacklerll3@gmail .com Created: mdavi 03/06/23 13 : 19
Agency: Last Changed: mdavi 03/06/23 13 :24
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PUB ZONE EDT TP RUN DATES
NOC A 99 S 03/08
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AUTHORIZATION
Under this agreement rates are subject to change with 30 days notice. In the
event of a cancellation before schedule completion, I understand that the
rate charged will be based upon the rate for the number of insertions used.
IJ6_�56 V� C 1<1--e ,- Z
Name (print or type) e (signature)
The Efland Volunteer Fire Department will
be holding a public hearing to discuss the
purchase for the renovation /construction
project to Fire Station#1. The hearing will
be March 14th at 7pm.The meeting will be
located at Efland Station #1, 3900 US 70
West Efland NC,27243. For more informa-
tion,please call 919-732-8941.
March 08,2023
Efland Volunteer Fire Department 4
PO Box 39 Efland North Carolina 27243
(919)732-8941
March 14, 2023
Call to Order:
The Efland Fire Department Public Hearing was called to order by Chief Kevin Brooks on Tuesday, March 14, 2023,at
19:00. Attendees were Kevin Brooks, Clark Brooks, Andy Cagle, Alana Cagle,Jonathan Henson, Kendell Meeks, Brian
Griffith, Sean Tierney, Pete Hallenbeck,Jack Adams
Opening Statement:
The public hearing was convened to discuss the purchase of the 2023 Fire Station 1 Renovation/Construction project.
The purpose of this is to add office space and create better living conditions including bedrooms for staffing at night
time.This will also allow for updating the station that was built in 1974.
The Bid was awarded to TA Davis Construction for$ 2,299,798.00
The loan will be with Roxboro Saving 4.53 %for 15 years.
Public Comments:
The public comment was opened at 19:05
No one signed up to speak
No comments from the floor
Andy Cagle made a motion to close @ 19:15
It was seconded by Kendell Meeks
The move to adjourn was unanimously approved
Respectfully submitted,
L'�
Clark Brooks
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STATE OF NORTH CAROLINA
ORANGE COUNTY
FIRE PROTECTION AND EMERGENCY SERVICES AGREEMENT
THIS AGREEMENT (this "Agreement"), made and entered into this 6 day of January, 2020 by
and between Orange County, hereinafter referred to as the"County" and Efland 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 West 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 Orange County Board of
Commissioners in its annual budget or as they may otherwise determine.
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 6, 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 within the District
(excluding non-public commercial transportation). Fire Department shall strive to
maintain the current ISO rating of 6. 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
and rescue services within the District, and to pay other legitimate fire, rescue, and
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Emergency Medical Technician 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 West 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 the Fire Department provides compensation to those surrounding Departments
for their availability and service providing primary fire protection services in an Efland
Class 10 insurance response areas.
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. 58-79-45, NC
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Administrative Code, §.0402). The Fire Department shall submit electronic incident
reports on a quarterly basis to the Office of the North Carolina State Fire Marshal. The
Fire Department further agrees to notify the Orange County 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
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.
G. Emergency/Disaster Response. Fire Department shall follow the Orange
County Emergency Operation Framework (EOF) Policy when responding
to an emergency or disaster.
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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
rules 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 31St 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 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
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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 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
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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 "'I". 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)
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
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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. 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.
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
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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 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.
27. 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
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.
28. 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.
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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 DE RTMENT
t ,
BY: — �,A .-JJA- BY:
Chair President
Address: Address: -39 0L)
Contact Person: Contact Person: G' , C 61 POO),
TT ATTE
Clerk Board of C mmissioners ' .ecr6tary
�® VOLL/
(County Seal) (Corpcw`ate Seal)
FIRE COMPANY,INC.
�5 1972
SEAX.
y
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Attachment 1
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Dollar Thresholds in Forth Carolina LJNQ
Public Contracting Statutes
Dollar limits and statutory aut(tority current as of September 1,2013
Formal budding (eaknaredcost of cwwacr)
Construction or repair connacts $SD0,000andabove GS.143429
Purchase of apparatus,supplies,materials,and equipment $90,Mandcbove G.S.143-119
Informal bidding factmicostofcontract)
Construction or repair contracts $30,000 toformal limit ES.143-131
Nrchaseof apparatus,supplies,materials,and equipment $30,000 tofomral limit ES.143-131
Canstrudtionrnethodsauthorized for butidingprojects Dver$30D,000 GS,143-129[ati
Separate Prime rwimatedcastafprgiectl
Single Prime
Dual®lidding
Construction Managemena at Risk jGS.141428.iy
Design-Bold and Design Euild Bridging AS.143-12&1 :G5.143-128M)
Public PrivatePartnership(H3 I);S.J43-12110
HlstorlcallyUnderutblixed Business(HUB)requirements
Building construction or repanr projects
-Projects with state funding N,2r.fisble 1041 gmlrequireo $100,000 crmc e GS.143.128.2(Al
-tocallyfundedprojects�om=1H'GErequfrernenrs) $3DD,000ormore G_c.143.128.2Uj
-Projects ininformal Lidding range finfccmdhWreyeniementst $30,000to$500,DDD' CS.143-131,,,b)
'lue:FormafMigmlalternerttsMc,fdteasedfarMformaVyErl3pn'xrsrostkngbetweerrs-W,a0and Mow
Unfit on use of own forces(force account work) (nor to exceed) GS.143-135
Construction or repair projects $125,000(Wrdpmj0a cast)ar
$50,000�'a6oranfy casd
Bid frond or deposit
Canstructianorrepair mnrtractsrat feas;s%ofh�,.,arnount7 formal bidsfS`QCWarid 6%e) ES.143-11%b)
Purchase contracts Not required
Perfotmari eJPaynnentbonds
Construction or repair con[ractsf10Mefeantradamount) Each contract aver$50,000of G_S.143-12.Q(:j;
project costing over5300,DDD G S.44A.-22 6
Purchase conTacts Not required
General contractor's license requlred $30,000 andabove GS.E7-1
Exemption Force account work(he above)
awner-builder aff<davittequired Force account work(sFeabow) G.S.87-14(a)[1)
Use of licensed architect or engineer required
hbnstrocturalwork MONO G-S.133-1.1(N
Stnxtural repair,additions,or new•construction $135,000 acrd above
Repair'Nark affecting life safety systems $100,000 andalwi2
Selection of architect,engineer,surveyor,constructlon manager at risk,or design-build contractor
'QuaPrfrcation-BasedSelection"proredure(QW All contracts unless exempted G-5.143-64.31
Euemptionauthorized Only projects where estimated G.S.143-64.32
fee is fess than$50,000
Fnm A tgof Gtdv�e m AnchesMg cr.dCQritimr?k r2 far AbYM Caro,Gna LocalGovernmenets,2nd ed.,by Fra))ds S.Bluestein,
Q 2D34 by the School of Gwemment The Wriiaersity of Worth Carolina at Chapel Hil All rights resened.
11
16
ORANGE COUNTY
NORTH CAROLINA
FINANCE and ADMINISTRATIVE SERVICES
131 West Margaret Lane,PO Box 8181,Hillsborough,NC 27278 1919.245.2453
Certificate of Approval
Section 147 (f) Approval and Written Agreement
The undersigned Official of Orange County, North Carolina (hereinafter referred to as "County")
pursuant to section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"),
hereby approves the entering into by Efland Fire Department of an Agreement in an aggregate
principal amount not to exceed $2,299,798 to finance renovations at Fire Station 1. This
approval does not constitute any financial involvement or obligation of the County.
Furthermore, this document acknowledges that for consideration, the receipt and sufficiency of
which hereby acknowledged, the Efland Fire Department has provided firefighting and other
services for the County for many years and the Efland Fire Department hereby agrees to meet
the requirement to continue to provide firefighting and other services for the County.
Dates as of
Efland Fire Department Orange County, North Carolina
Kevin Brooks, President Signature of authorized representative
Orange County Government I www.orangecountync.gov 1919732.8181