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HomeMy WebLinkAboutOTHER-2025-004- Development Memorandum of Understanding Between Orange County and the Town of Chapel Hill for Legion road Docusign Envelope ID : B3F507F1 -6D4D4914-9778-D6D70909FED1 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. Docusign Envelope ID : B3F507F1 -6D4D4914-9778-D6D70909FED1 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 30 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 (attached as Exhibit A of this contract) and Orange County Living Wage Policy (attached as Exhibit B of this contract) . 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. Docusign Envelope ID : B3F507F1 -6D4D4914-9778-D6D70909FED1 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 . 13 . ) Term : This Contract, unless amended as provided herein, shall be in effect until December 31 , 2027 . Docusign Envelope ID : B3F507F1 -6D4D4914-9778-D6D70909FED1 This contract is by and between the Town of Chapel Hill and Orange County . IN WITNESS WHEREOF , the parties hereto cause this agreement to be executed in their respective names . ORANGE COUNTY COoeuSlgned by: rmis M.�MA, Travis Myren County Manager 0A3EA1P7183A4B4. SIGNATURE PRINTED NAME & TITLE TOWN OF CHAPEL HILL CSigned by: �� Fire Chief 0F4BD3D0958646t.. DEPARTMENT HEAD/EXECUTIVE DIRECTOR OR DEPUTY/TOWN MANAGER Jay L . Mebane Chapel Hill Fire Departm Signed by : PRINTED NAME & DEPARTMENT ATTEST BY TOWN CLERK: aSigned by: �3E8 64A TOWN CLERK/DEPUTY TOWN CLERK TOWN SEAL Town Clerk attests date this the 29 day of May 20 25 Approved as to Form and Authorization Signed by: -- II ATTORNEY FOR TOWN This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ESigned by: o� 3 /24/2025 9 : 14 PM EDT 8AC1F3FBEBC2417... FINANCE OFFICER DATE Docusign Envelope ID : B3F507F1 -6D4D4914-9778-D6D70909FED1 Exhibit A Section I : General Government and Administration Policy 11 . 0 : Non - Discrimination / Retaliation Policy Reviewed by : County Attorney/County Manager Approved by : County Manager Original Effective Date : August 1 , 2016 Revisions : February 24 , 2017 , December 18 , 2017 , May 30 , 2019 , January 25 , 2021 , August 2024 Policy Statement It is the policy of Orange County to ensure all individuals who provide or receive services for or from Orange County and its employees are not victimized by illegal discrimination or retaliation practices . Pursuant to the Orange County Non - Discrimination Ordinance (the " Ordinance " ) , adopted January 19 , 2021 , it is the further policy of Orange County not to enter into a contract with any business , company , or firm that has discriminated against a Protected Class , as that term is defined in the Ordinance , or a member of a Protected Class in the solicitation , selection , hiring , or treatment of vendors , suppliers , subcontractors , or commercial customers , or on the basis of any otherwise unlawful use of individual or personal characteristics regarding such vendors , suppliers , commercial customers , employees , or owners in connection with a county contract or solicitation ; provided that nothing in this non -discrimination policy shall prohibit or limit otherwise lawful efforts to remedy the effects of discrimination that has occurred or is occurring in the marketplace . It is the further policy and law of Orange County that every Orange County created contract and subcontract for goods or services shall prohibit discrimination against the members of a Protected Class . Without this prohibition the County may not enter into such contract or subcontract . It is further the policy of Orange County that discrimination has no place in Orange County , North Carolina and it is the intent of this ordinance to provide uniform legal protection to individuals in all Protected Classes , making it unlawful for any person to discriminate in housing , public accommodations , and transportation . Purpose To prevent discrimination and retaliation in all Orange County government activities and to prevent discrimination in the provision and receipt of services to Orange County and its residents . To further this purpose the County Manager has designated the Director of the Office of Equity and Inclusion as the County' s Non - Discrimination Coordinator and directed them to investigate and issue findings and determinations on allegations of discrimination and retaliation . Applicability Applies to all Orange County government activities and participants therein and all Orange County employees and to those vendors and contractors providing services and products to and for Orange County . The terms of the Ordinance , as adopted and as may be amended from time to time , are incorporated herein . The Ordinance may be viewed at Docusign Envelope ID : B3F507F1 -6D4D4914-9778-D6D70909FED1 https : // Iibrary . municode . com/nc/orange county/codes/code of ordinances in Chapter 12 , Sections 12 -50 through 12 -56 . Vendors are encouraged to carefully review the Ordinance to ensure their compliance with the terms thereof. Policy 11 . 1 Non -discrimination 11 . 1 . 1 Orange County is committed to providing all participants in its activities , its employees , and its service providers with a discrimination /retaliation free environment . Orange County and any vendor or contractor providing services or products for or to Orange County shall provide equal access to Orange County services and activities , equal employment opportunity as required by law and , shall not , in the course of conducting work for or providing services or products for or to Orange County , discriminate against any person based on that person ' s status as a member of a Protected Class . 11 . 2 Grievance procedure 11 . 2 . 1 Any individual who believes they may have been discriminated or retaliated against with respect to an Orange County program or activity may : Contact the Orange County Non -Discrimination Coordinator and initiate the complaint ; Equity and Inclusion Director P . O . Box 8686 Hillsborough , North Carolina 27278 919 -245 -2317 pslack@orangecountync . gov The Non - Discrimination Coordinator will assign the complaint to an investigator ; The investigator will fully , fairly , and impartially investigate all complaints ; The investigation will be conducted promptly through the gathering of evidence , interviewing of witnesses , and appropriate documentation of all facts in evidence ; - Upon completion of the investigation the investigator will , using preponderance of the evidence standards , issue a written determination of findings , which shall be provided to the complainant within ten days of issuance ; Orange County prohibits retaliation and any claim of retaliation based on a complaint initiated pursuant to this policy should be immediately reported and such complaint will be investigated and addressed promptly . This policy may be reviewed annually and updated as needed by the Manager 's Office Docusign Envelope ID : B3F507F1 -6D4D4914-9778- D6D70909FED1 Exhibit B Section I: General Government and Administration Policy 10 . 0 : Living Wage Contractor Policy Reviewed by: County Attorney/County Manager Approved by: County Manager Original Effective Date : April 21 , 2016 Revisions : August 1 , 2016 Policy Statement It is the policy of Orange County to ensure its employees , and all individuals who provide services for Orange County, are paid a living wage. Purpose To encourage all vendors and contractors to pay a living wage to all employees who perform work pursuant to a contract with Orange County. Applicability Applies to all Orange County contracts and purchases . Policy 10 . 1 Living Wage 10. 1 . 1 Orange County is committed to providing its employees with a living wage and encourages all contractors and vendors doing business with Orange County to pursue the same goal . Orange County ' s living wage is as reflected in the adopted Orange County Budget and as that budget document is amended from time to time. To the extent possible, Orange County recommends that contractors and vendors seeking to do business with Orange County provide a living wage to their employees . 10 . 1 . 2 Prior to final execution of a contract with Orange County all contractors and vendors seeking to do business with Orange County shall submit to the County' s representative a statement indicating whether those employees who will perform work on the Orange County contract are paid at least the living wage amount set out above. If such employees do not make at least the living wage amount set out above the contractor or vendor shall indicate in the statement the actual amount paid to such employees . For bid projects this statement should be submitted as part of the bid packet. This policy may be reviewed annually and updated as needed by the Manager ' s Office Docusign Envelope ID : B3F507F1 -6D4D -4914-9778-D6D70909FED1 ORANGE COUNTY—INTERNAL USE ONLY Finance Information Vendor Name : Town of Chanel Hill , Vendor Contact Person : Chief Jay Mebane Phone : 919 -968 -2781 Address : 403 Martin Luther King Jr. Blvd . City Chapel Hill State : NC Zip : 27514 Department : Emergency Services Amount: ILA Purpose : Joint Emergency Services Facility Design Agreement Budget Code(s) : 61370035 -870000- 10053 Vendor # 64 Vendor Status with NCSOS : N/A Vendor is a BOCC consultant: ❑Yes ® No Contract Details Contract Type : ® New ❑ Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 1 /30/2025 End Date Notice Date (Notice Purpose ) Award ® Approved by Board (Agenda Date : 01 /21 /2025 ) ; ❑ Made or Administered by Signature Authority ® BOCC Express Delegation (Agenda Date : 1 /30/2025 - Policy 9 .4 : ❑ Under $5 ,000 ; ❑ Service Under $ 90,000 ; ❑ Construction Under $250 , 000 ❑ Budget Policy Section XV (Capital Improvement Project : Bidding ❑ Informal Bidding ($ 30k-$90k) ; ❑ Formal RFP ($ 90k+) ; ❑ Other (<$30k) ; ® Exception(#Interlocal Agreement) Department Affirmation ® 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. ❑ This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed . Description/.of�bbAg1WWm6pf the emergency condition that was addressed: Department Director ' s Signature v Date : 3 / 21/ 2025 1 3 : 52 PM EDT 01 HMCF893428... Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications : Office of the Chief Information Officer Date : ❑ Inapplicable because no hardware/sofhvare purchases or related services Risk Management This agreement is approved for sufficiency r �Sa L g e standards , specifications , and requirements : Mt � tS �lw Office of the Risk Management Officer Date : 3 / 24 / 2025 2 : 26 PM EDT Financial Services This instrument has been pre-audited in ejgguired by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer y 4OV'Ka%roo ' Date : 3 / 24 /2025 1 3 : 05 PM EDT 704E5181ACC7409... Legal Services This agreement is approved as to cfs9w*dxwd sufficiency : Office of the County Attorney ' "� 66rhIA4 Date : 3 / 24 / 2025 3 : 55 PM EDT Clerk to the Board 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 : Received for record retention : Revised 01 / 24 1 Docusign Envelope ID : B3F507Fl -6D4D-4914-9778-D6D70909FED1 Office of the Clerk to the Board Date : Revised 01 / 24 2