HomeMy WebLinkAboutOTHER-2025-004-Development Memorandum of Understanding Between Orange County and the Town of Chapel Hill for Legion Road and Formosa Lane Fire and EMS Station (2) Attachment 1
JOINT EMERGENCY SERVICES FACILITY DESIGN AGREEMENT
between
Orange County
and
Town of Chapel Hill
I . PURPOSE AND SCOPE
The purpose of this Agreement is to clearly identify the roles and responsibilities of each
party as they relate to the potential development of that property located at1714 Legion
Road, near Formosa Lane, Chapel Hill, NC , (sometimes referred to as the "Legion Road
property") to be used by Orange County and Town of Chapel Hill (or " Chapel Hill") .
In particular, this Agreement is intended to :
1 . ) Temporarily define and delineate roles and responsibilities of each party as they
assess whether the Legion Road property can be developed for use by Orange County
and the Town of Chapel Hill .
2 . ) Temporarily outline communication, financial , and other expectations of the parties
until further agreements can be drafted as needed .
II . PARTIES
The parties to this Agreement are : Orange County ("the County") and Chapel Hill, NC
(" Chapel Hill") .
III . BACKGROUND
Chapel Hill currently owns a parcel of land at 1714 Legion Road, Chapel Hill . Both parties
desire to assess the potential of this parcel for development of a joint emergency services
facility to be used by both Chapel Hill and Orange County Emergency Services .
IV . IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE
PARTIES THAT :
1 . ) The County shall allocate in the FY 2024 -2025 budget an amount not to
exceed $ 50 , 000 for a site development plan and potential feasibility study to
be completed by a qualified professional . These funds will only be allocated
for the specific purpose of completing a feasibility study on this site .
2 . ) Chapel Hill will lead the RFP process , with County input in selecting the firm
to complete the site development assessment . County will also provide any
specific requirements to be contained in the RFP and design process . County
will be a party to the contract, will serve as the fiscal agent and be responsible
for paying the firm directly, with no funds being transferred to or held by
Chapel Hill .
3 . ) If the County and Chapel Hill decide to build a joint facility on this site,
Chapel Hill will reimburse the County for half, or $25 , 000, of the amount
allocated by the county for the design. This reimbursement will be through an
offset of construction costs, beginning at the time of construction.
4 . ) If the County and Chapel Hill decide not to construct, or do not reach a
decision to construct, a joint facility at the Legion Road property by the end of
FY 202 &2027 , Chapel Hill will reimburse the County for half, up to $25 , 000 ,
of the amount spent by the County for the design. This reimbursement will be
a payment from Chapel Hill to Orange County . Chapel Hill will remit
payment to the County within 180 days of receipt of this request, in writing .
5 .) Any further expenditures on this project would be shared equally , with both
parties contributing . Further Agreements between the parties will be necessary
to complete this project .
6 . ) The terms of this Agreement shall begin on the date of execution, and expire
upon completion of final construction and development documents relative to
this project .
7 . ) Employees of both the County and Chapel Hill acknowledge that they shall
not be agents or employees of the other entity when responding to an incident
pursuant to this Agreement .
8 . ) Chapel Hill and the County shall be responsible for payment of workers '
compensation benefits only to their own respective employees .
9 . ) This Agreement is subject to the availability of funds to purchase the specified
goods and services and may be terminated at any time if such funds become
unavailable .
10 . ) The Parties 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-discriminations 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 ://oran eg coup nc . gov/departments/purchasing division/contracts .php . )
Any violation of the Orange County Non-Discrimination Policy is a breach of
this Agreement and the 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.
11 . ) Modification of this Agreement must be in writing and approved by both
parties .
12 . ) This Agreement and any exhibits and amendments attached hereto and any
documents incorporated specifically by reference represent the entire
agreement between the parties and supersede all prior oral and written
statements or agreements .
Parties indicate agreement with this document by their signatures :
ORANGE COUNTY TOWN OF CHAPEL HILL
By : —'� _ By :
Name : -7 Name :
Title : (OLn Title :
Date : r2 __ Date :
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