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101414ssa Agenda Package1    INTERLOCAL COOPERATION AGREEMENT FOR THE CONSOLIDATION OF EMERGENCY COMMUNICATIONS AND DISPATCH OPERATIONS BETWEEN HARNETT COUNTY AND THE CITY OF DUNN This Agreement, made and entered into on this the ____ day of _____October, 2014 between County of Harnett, a body politic and corporate, organized and existing under the laws of the state of North Carolina, hereinafter referred to as “County” and the City of Dunn, a North Carolina municipal corporation organized and existing under the laws of the State of North Carolina, hereinafter referred to as “TownCity”; WITNESSETH: WHEREAS, the TownCity presently owns and operates its own emergency communications and dispatch operations, which is the only emergency communications and dispatch operation in Harnett County that is operating independent of the County emergency communications and dispatch operations (“TownCity Dispatch”); and WHEREAS, the governing bodies of the County and City have found and determined that it is in the public benefit and interest to consolidate the TownCity Dispatch with the emergency communications and dispatch operations (“County Dispatch”) to provide for a county-wide unified emergency communications and dispatch operations to better serve the citizens of Harnett County and the City of Dunn; and WHEREAS, the North Carolina General Statutes in Chapter 160A, Article 20, Part I, provide that units of local government may enter into an agreement in order to execute an undertaking providing for the contractual exercise by one unit of any power, function and right, including the operations of emergency communications and dispatch operations; and WHEREAS, the City of Dunn is within the County of Harnett; and NOW THEREFORE, for and in consideration of mutual covenants contained herein and the mutual benefits to result therefrom, the parties hereby agree as follows: 1. CONSOLIDATION OF EMERGENCY COMMUNICATIONS AND DISPATCH OPERATIONS: A. Consolidation and Effective Date. The County and TownCity shall work cooperatively together so that the County will assume all responsibility for emergency communications and dispatch operations presently being provided by the TownCity, into the County’s operations by January 1, 2015. From and after this date the TownCity’s emergency communication and dispatch operations shall be deemed to be consolidated into the County’s emergency communication and dispatch operations and the County shall provide to the 2    TownCity the same services provided to all remaining areas of Harnett County pertaining to emergency communications and dispatch operations. B. Transfer of Equipment. On or before January 1, 2015, the TownCity shall transfer to the County all personal property, equipment and related assets presently owned by the TownCity and used in connection with its emergency communications and dispatch operations. All such personal property, equipment and related assets shall be transferred “AS IS, WHERE IS” without any representation or warranties, either express or implied by law, other than as set forth in this Agreement. The TownCity shall provide the County with access to the personal property, equipment and related assets to make such inspections as it deems necessary in advance of the transfer to the County. The TownCity further represents to the County that as of the execution of this Agreement, all such equipment is properly functioning for its intended use after the execution until the transfer to the County, the TownCity will make any necessary repairs and perform such maintenance as shall be necessary to keep the equipment operational and functioning for its intended use. The TownCity shall execute a Bill of Sale, Assignment or such other document as may be reasonably requested by the County to evidence the transfer of title to this personal property, equipment and related assets, provided the same is not inconsistent with this Agreement. C. Transfer of E-911 Surplus Fund Balance. As soon as practicable after the consolidation of the emergency communications and dispatch operations the TownCity shall transfer to the County all of its E-911 surplus fund balance as of January 1, 2015. As of the execution of this Agreement, the balance is approximately Two Hundred Forty Thousand Dollars ($240,000.00). However, the County acknowledges that funds may have to be used for maintenance of equipment as set forth above between the execution of this Agreement and January 1, 2015. Consequently, the TownCity makes no representation or warranty as to the exact amount to transfer to the County other than the TownCity agrees that all funds in the Town’s E-911 surplus fund balance as of January 1, 2015 shall be transferred to the County. The County agrees to accept said funds and to use said funds with whatever restrictions may be imposed by law. D. E-911 Surcharges. On and after January 1, 2015, the City agrees that all E-911 surcharges for which the TownCity was previously scheduled to receive, shall be receive and shall be the property of the County. The TownCity and County agree to work cooperatively to take all actions necessary to insure that the County receives all of these E-911 surcharges. In the event that any E-911 surcharges are received by the TownCity after January 1, 2015, it agrees to transfer the same to the County. E. Viper Radio Communications System. The County has purchased new radios for all emergency and law enforcement personnel located in Harnett County, including, but not limited to the Dunn Police Department personnel to provide the most effective and efficient communications system throughout Harnett County. The County is leasing these radios to the various towns and other entities that utilize the emergency communications and dispatch operations. The County agrees that it will charge the Town the same price for the lease of these radios that is charged to all other towns and entities in Harnett County that are leasing these radios. The TownCity agrees to pay the County for the lease of these radios as such payments 3    become due. These fees shall be paid by the TownCity for each fiscal year after the consolidation. For the first fiscal year of the consolidation, the City shall pay a pro-rated of the radio fees for the portion of fiscal year 2014-2015 that it has received and is utilizing the radios. 2. COSTS OF CONSOLIDATION: A. Year One. The County and TownCity both operate on fiscal years from July 1 through June 30 of the following year. The parties acknowledge that they have been in discussions to effectuate the consolidation for many months prior to the beginning of the current 2014-2015 fiscal year. However, the Viper radio system to be utilized by all emergency and law enforcement agencies in Harnett County is scheduled to be effective on or about January 1, 2015. Consequently, the TownCity agreed, at its own expense, to continue operating its own emergency communications and dispatch operations from July 1 through December 31, 2014 of the current fiscal year. Consequently, the TownCity shall not make any payment to the County during the current fiscal year as it pertains to the consolidation other than the payment of the radio fees as set forth above. B. Year Two. For fiscal year 2015-2016, the TownCity agrees to make a contribution to the County in the amount of One Hundred Twenty-Five Thousand Dollars ($10025,000.00) to assist the County in the costs of consolidation. The Town shall make this contribution to the County no later than July 30, 2015.The One Hundred Twenty-Five Thousand Dollar ($125,000.00) payment from the City to the County shall be in the form of a credit against amounts owed by the County pursuant to the Interlocal Cooperation Agreement for the Installation of Utility Infrastructure Improvements Between Harnett County and the City of Dunn dated October ___, 2014 (hereinafter “Utility Infrastructure Agreement”). In the event the City fails for any reason to install the Project as set forth in the Utility Infrastructure Agreement, the City will remain responsible for paying the County the foregoing sum in fiscal year 2015- 2016, no later than July 30, 2015. In addition, the Town shall pay the radio fees as set forth above. C. Year Three and Subsequent Years. Beginning with fiscal year 2016-2017, and each subsequent year, the TownCity shall pay to the County the radio fees as set forth above. The TownCity shall not make any further contribution or be subject to any other fees or expenses, unless such fees and expenses are equally applied to all other towns and entities in Harnett County that utilize the County emergency communications and dispatch operations. D. Software Expenses. The TownCity acknowledges that the software presently utilized by the Dunn Police Department to receive reports and other information and documentation pertaining to emergency communications and dispatch may not be compatible with the software utilized by the County. The TownCity and County agree to work cooperatively together to address this issue, however, to the extent that there is any expense to allow for the interface between the County’s system and the system utilized by the Dunn Police Department, the TownCity shall pay for all of these expenses. 3. PURPOSE. The purpose of this Agreement is to establish the undertakings as provided in North Carolina General Statute Chapter 160A, Part I, whereby the County and Town 4    consolidate emergency communications and dispatch operations and the County assumes all such operations effective January 1, 2015. 4. GENERAL PROVISIONS: A. This Agreement shall be recorded in the Office of the Clerk of both the City and County. B. Amendments to this Agreement shall be effective only when reduced in writing and duly executed by both parties. (The remainder of this page left intentionally blank, signatures to follow) 5    IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in their respective names, by their proper officials, all by authority of a resolution of the governing bodies of each of the taxing units, duly adopted. City of Dunn _______________________________ Oscar N. Harris, Mayor ATTEST: _____________________ Debra G. West, City Clerk NORTH CAROLINA COUNTY OF HARNETT I, ___________________________________, a Notary Public for Harnett County, certify that Debra G. West personally came before me this day and acknowledged that she is Clerk to the City Council of the City of Dunn, and that by authority duly given and as the act of the City, the foregoing instrument was signed in its name by its Mayor, sealed with its seal, and attested by herself as Clerk to the Council. Witness my hand and notarial seal, this the ______ day of ____________, 2014. ______________________________ Notary Public My commission expires: __________ 6    County of Harnett _______________________________ _____________________, Chairman ATTEST: _____________________ _____________________ Clerk to the Board NORTH CAROLINA COUNTY OF HARNETT I, ___________________________________, a Notary Public for Harnett County, certify that ___________________ personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners of the County of Harnett, and that by authority duly given and as the act of the County, the foregoing instrument was signed in its name by its Chairman, sealed with its seal, and attested by herself as Clerk to the Board. Witness my hand and notarial seal, this the ______ day of ____________, 2014. ______________________________ Notary Public My commission expires: __________ INTERLOCAL COOPERATION AGREEMENT FOR THE INSTALLATION OF UTILITY INFRASTRUCTURE IMPROVEMENTS BETWEEN HARNETT COUNTY AND THE CITY OF DUNN This Agreement, made and entered into this the ____ day of ____________October, 2014 between County of Harnett, a body politic and corporate, organized and existing under the laws of the state of North Carolina, hereinafter referred to as “County” and the City of Dunn, a North Carolina municipal corporation organized and existing under the laws of the State of North Carolina, hereinafter referred to as “City”; WITNESSETH: WHEREAS, City operates and manages waste water treatment facilities and collection systems located within its boundaries; and WHEREAS, the governing bodies of the City and County recognize that waste water and its treatment is an important issue concerning long term environmental soundness and benefits the parties by increasing the capacity to develop property located in Harnett County resulting in growth and economic activity in Harnett County; and WHEREAS, the TownCity desires to engage in a project known as “Love’s Travel Stops Sewer Improvements” (hereinafter “the Project”), wherein the TownCity will expand its utility infrastructure by designing, permitting, constructing, installing, owning and maintaining approximately 16,000 linear feet of six inch (6”) forcemain and 540 linear feet of eight inch (8”) gravity sewer, an adequate pump station, and other appurtenant items in order to serve Love’s Travel Stop and surrounding properties located in and around the City limits of Dunn; and WHEREAS, TownCity has invited County to participate in the Project by funding a portion of the costs of the project in the amount of $125,000.00; and WHEREAS, the County has found and determined that it is in the public benefit and interest to participate in funding a portion of the costs of the project in the amount of $125,000.00; and WHEREAS, as a condition precedent to any funding obligations by County, TownCity shall design, permit, construct, and install the Project; and WHEREAS, the North Carolina General Statutes in Chapter 160A, Article 20, Part I, provide that units of local government may enter into an agreement in order to execute an undertaking providing for the contractual exercise by one unit of any power, function and right including utility infrastructure improvements; WHEREAS, Town is within County; NOW, THEREFORE, for and in consideration of mutual covenants contained herein and the mutual benefits to result therefrom, the parties hereby agree as follows: 1. TownCity shall cause the Project to be designed, permitted, constructed, and installed in accordance with the plans and specifications completed by a North Carolina licensed engineer and approved by TownCity, and in accordance with all Federal, State, County, and TownCity rules and regulations. The Project includes approximately 16,000 linear feet of six inch (6”) forcemain and 540 linear feet of eight inch (8”) gravity sewer, an adequate pump station, and other appurtenant items. TownCity shall own, operate, and maintain all utility infrastructure. 2. Installation of the utility infrastructure for the Project shall be the sole responsibility of the TownCity. The installation of the utility infrastructure for the Project shall be substantially complete by DATE______________, unless prevented by events causing delay beyond the control of TownCity, in which event the completion date shall be extended for a reasonable period of time considering the cause of the delay beyond the control of the City. The operation and maintenance of the utility infrastructure for the Project shall be the sole responsibility of TownCity and said utility infrastructure shall be the entire and sole property of TownCity and under the exclusive control of TownCity. 3. Upon completion, testing, approval, and final acceptance thereof by TownCity of the utility infrastructure installed for the Project, County shall pay to TownCity the amount of $125,000.00. The $125,000.00 payment from County to Town shall be in the form a credit against amounts owed by TownCity to County pursuant to the Interlocal Cooperation Agreement for the Consolidation of Emergency Communications and Dispatch Operations between Harnett County and the City of Dunn dated October XX____, 2014 (hereinafter “Consolidation Agreement”). If the TownCity fails to design, permit, construct, and install the Project for any reason, County will not be obligated to pay any funds under this agreement and the TownCity will remain responsible for paying to County all costs of consolidation agreed to pursuant to the Consolidation Agreement. 4. The purpose of this Agreement is to establish the undertakings as provided in North Carolina General Statute Chapter 160A, Part I, where by the County and TownCity cooperate for the purpose of utility infrastructure improvements to benefit long term environmental soundness and increasing the capacity to develop property located in Harnett County resulting in growth and economic activity in Harnett County. 5. This Agreement shall be recorded in the Office of the Clerk of both the City and County. 6. Amendments to this Agreement shall be effective only when reduced in writing and duly executed by both parties. (The remainder of this page left intentionally blank, signatures to follow) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed in their respective names, by their proper officials, all by authority of a resolution of the governing bodies of each of the taxing units, duly adopted. City of Dunn _______________________________ Oscar N. Harris, Mayor ATTEST: ________________________ Debra G. West, City Clerk NORTH CAROLINA COUNTY OF HARNETT I, ____________________________________, a Notary Public for Harnett County, certify that Debra G. West personally came before me this day and acknowledged that she is Clerk to the City Council of the City of Dunn, and that by authority duly given and as the act of the City, the foregoing instrument was signed in its name by Mayor, sealed with its seal, and attested by herself as Clerk to the Council. Witness my hand and notarial seal, this the _____ day of ________________, 2014. ______________________________ Notary Public My commission expires: _________ County of Harnett ________________________________ Joe Miller, Chairman ATTEST: _____________________________ Margaret Regina Wheeler, Clerk NORTH CAROLINA COUNTY OF HARNETT I, ____________________________________, a Notary Public for Harnett County, certify that Margaret Regina Wheeler personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners of the County of Harnett, and that by authority duly given and as the act of the County, the foregoing instrument was signed in its name by Chairman, sealed with its seal, and attested by herself as Clerk to the Board. Witness my hand and notarial seal, this the _____ day of ________________, 2014. ______________________________ Notary Public My commission expires: _________ County of Harnett State of North Carolina AN ORDINANCE AMENDING HARNETT COUNTY FIRE PREVENTION ORDINANCE ALLOWING AMENDMENTS TO THE HARNETT COUNTY FIRE PREVENTION ORDINANCE AS AMENDMENTS ARE PROPOSED AND ADOPTED FROM TIME TO TIME BY THE NATIONAL FIRE PREVENTION CODE AND THE NORTH CAROLINA STATE BUILDING CODE WHEREAS, The Board of Commissioners ordained on September 24, 1991 the Harnett County Fire Prevention Ordinance and amended the ordinance dated February 1, 1993 and July 21, 1997; and WHEREAS, the State of North Carolina has made various revisions to Volume 5 of the North Carolina State Building Code; and WHEREAS, County of Harnett desires to incorporate those revisions into the Harnett County Fire Prevention Code Ordinance and allow amendments to the Harnett County Fire Prevention Ordinance as amendments are proposed and adopted from time to time by the National Fire Prevention Code and the North Carolina State Building Code; and NOW, THEREFORE, BE IT ORDAINED: THAT Section 1 of the Harnett County Fire Prevention Ordinance be amended as follows: Strike: “NOW, THEREFORE, BE IT ORDANIED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY NORTH CAROLINA in regular session on September 24, 1991, that the following code, its references or appendices is adopted by reference as though it was copied herein fully: North Carolina State Building Code Volume 5 Entitled Fire Prevention – 1988 Standard Fire Prevention Code with North Carolina Amendments.” Replace with: “NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY NORTH CAROLINA in regular session October 20, 2014, that this Ordinance shall be known as the Harnett County Fire Prevention Ordinance. This Ordinance adopts the 2012 edition of the North Carolina State Building Code: Fire Prevention Code with North Carolina Amendments (excluding appendices A-J), and any future Fire Prevention Codes as amended from time to time by the North Carolina State Building Code Board. This Code (excluding appendices A-J) is hereby adopted and incorporated as fully set out at length herein. The provisions thereof shall be controlling within the limits of Harnett County including municipalities for which Harnett County provides fire inspection services by contract agreement. Duly adopted this the 20th day of October, 2014. _______________________________________ Joe Miller, Chairman Harnett County Board of Commissioners ATTEST: _________________________________ Margaret Regina Wheeler, Clerk