INTERLOCAL AGREEMENT. This AGREEMENT, made and entered this day of January, 2003, by and

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1 STATE OF NORTH CAROLINA COUNTY OF CUMBERLAND INTERLOCAL AGREEMENT This AGREEMENT, made and entered this day of January, 2003, by and between the CITY OF FAYETTEVILLE, a municipal corporation organized and existing under the laws of the State of North Carolina, (hereinafter called CITY ) and the COUNTY OF CUMBERLAND, a body politic and political subdivision of the State of North Carolina (hereinafter called COUNTY ). WITNESSETH THAT, WHEREAS, North Carolina General Statute 160A-355 and Article 20, Part I, of Chapter 160A provide that any two or more units of local government may cooperate in establishing parks and recreation systems; and WHEREAS, the parties agree that it is to their mutual benefit and the benefit of their citizens to consolidate the provision of parks and recreation services by the County and the City; and WHEREAS, such consolidated provision of parks and recreation services of the City and County will improve the coordination of service delivery to the public and provide for maximum operational efficiency; NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained and pursuant to the general power and authority of both CITY and COUNTY to establish and operate parks and recreation programs, the parties mutually contract and agree as follows: 1. Consolidation The COUNTY and the CITY agree to consolidate the provision of parks and recreation services previously provided separately by them, in 1

2 order to more efficiently and effectively serve their citizens and meet the demand for such services. These consolidated services shall be managed and operated by the City of Fayetteville. (c) The name of the consolidated parks and recreation system shall be the Fayetteville/Cumberland Regional Parks and Recreation Department. (d) The City Manager, after full consultation with the County Manager, shall designate a headquarters location for the consolidated system. In making such designation, the City Manager shall, as much as practical, take into consideration convenience and accessibility for patrons, efficiency of operation, and cost. 2. Management This program shall be directly managed and operated by the CITY, with budget development and funding provided by both the CITY and COUNTY. The COUNTY shall annually remit to the CITY the proceeds of its recreation tax to fund all parks and recreation programs and facilities outside of the corporate CITY limits as they may exist from time to time. (c) The provision of parks and recreation services shall be such that two service levels are provided, one an urban service level, and one a rural service level. The City Council shall decide the funding level of services for all areas in the City. The County Commissioners shall decide the funding level of services for areas in the County Recreation District. Service level standards shall be designed to 2

3 maintain services generally as provided in the municipal and county areas of jurisdiction on June 30, 2004, subject to the parties inherent discretion to evolve, change, adjust, modify or terminate services and programs from time to time. The City Parks and Recreation Director shall determine the nature and level of parks and recreation(s) services and programs provided from time to time. The Director will consult from time to time as appropriate with the citizen advisory committee[^] established for such purposes (d) Parks and recreation facilities shall be provided generally in accordance with a Parks and Recreation Master Plan to be recommended by the advisory board provided for herein and approved by the parties respective governing boards by July 1, 2005, and biannually thereafter. (e) Separately from this agreement, the parties shall develop a Joint 3. Personnel: Capital Improvements Plan for the development, construction and funding of any new facilities after the execution of this agreement. The CITY shall provide for the transition of all full-time County employees assigned to the County Parks and Recreation Department as of the date of this agreement (a list of those employees is attached as Exhibit ), and those employees added by the County after this date after consultation between the COUNTY and CITY Parks and Recreation Directors, to City employment, consistent with and pursuant to the terms of a Memorandum of Understanding relating to the transition of such personnel which shall be approved by the parties 3

4 governing boards by May 1, Those employees employed under a contract or as seasonal employees shall not be eligible for employment under this Agreement. The COUNTY and CITY Managers shall jointly appoint a working group, with human resources, parks and recreation and finance representation, to develop a plan by March 1, 2004 for transition of personnel that addresses salary, seniority, benefits, responsibilities/job descriptions, and other relevant issues. (The transition plan shall also address availability of sports field/gym site supervisors, recreation center support I and II, park security officer, summer playground camp assistant, summer maintenance worker, scorekeepers, class instructor and athletic officials retained by contract to support and facilitate athletic programs). The guiding principle shall be fairness to and equity of COUNTY employees balanced with efficient utilization of both COUNTY and CITY parks and recreation employees in the best interests of the services to be provided. The COUNTY agrees that if this agreement is terminated within five (5) years from its effective date, it will re-hire those employees who became employed with the City as a result of this Agreement who at the time of termination are providing parks and recreation services to areas outside the city limits of Fayetteville. Should those same people not be in the employ of the CITY at the date of termination of this agreement, the COUNTY agrees it shall re-hire people, in the following order: (i) employees who were previously employed by the COUNTY, (ii) those who volunteer to transfer and (iii) those most junior in seniority. 4

5 4. Budget/Finance: The CITY Parks and Recreation Director shall prepare a proposed budget each year that identifies parks and recreation expenses for both CITY and Recreation District areas. That proposed budget shall be submitted to the CITY and COUNTY Managers no later than March 1 of each year, and thereafter to the governing bodies of the CITY and COUNTY no later than June 1st of each year, for inclusion in the City adopted budget, and for inclusion in the COUNTY adopted budget of an appropriation transferring the proceeds of the COUNTY recreation tax to the CITY. The COUNTY shall remit proceeds of the COUNTY recreation tax to the CITY at the same time and in the same manner that it remits to the CITY ad valorem property tax proceeds it collects for the CITY. (c) The COUNTY shall pay the direct costs of Capital improvement projects built outside of the corporate limits of the CITY, including development and design costs, provided, however, that the CITY and the COUNTY may agree on joint funding of facilities in the Recreation District but which are near to the CITY s municipal limits and likely to be used jointly by residents of the City and the County tax district. Likewise, the County and City may agree on joint funding of facilities in the City s jurisdiction and likely to be used by residents of both the City and the County tax district. 5. Assets: 5

6 Existing COUNTY fixed assets on the effective date of this agreement, shall remain under the COUNTY s ownership, but shall be available to and used exclusively under this Agreement during their useful life. An inventory of such assets is attached as Exhibit. [Definition of fixed asset?] All fixed assets purchased under this Agreement shall be owned by the CITY. Upon disposition of such assets the CITY and COUNTY shall be reimbursed for their pro rata share, based on the parties respective funding level of the operating budget for parks and recreations services at the time of purchase, unless the assets are used as trade-in on replacement equipment. (c) All real property shall remain owned by the entity which made the original acquisition. The parties shall enter into a memorandum pursuant to which the COUNTY shall license to the CITY the right to use, possess, and maintain COUNTY real property used for parks and recreation purposes, and for assignment of COUNTY facilities use agreements. 1 (d) Prior to March 1, 2004, the COUNTY Risk Management Director and his CITY counterpart, in conjunction with the CITY and COUNTY Parks and Recreation Directors, shall propose a memorandum of understanding for approval by Managers which addresses risk management issues, to include recommended risk management policies and procedures; insurance coverage, deductibles, exemptions and exclusions, if any; hold harmless 6

7 provisions; inspections and repair schedules for facilities and equipment; defense of litigation undertakings; training of personnel; and periodic risk management evaluation. 6. Advisory Board: The CITY and COUNTY Parks and Recreation Advisory Boards shall develop a plan to consolidate the two boards effective July 1, The plan shall provide for both CITY and COUNTY representatives to be appointed by the respective governing boards. This plan shall be subject to approval by the CITY and COUNTY 7. Duration governing boards. This Agreement shall become effective July 1, 2004 and shall remain effective until terminated as provided herein. Prior to July 1, 2004, CITY and COUNTY Parks and Recreation staffs, along with CITY and COUNTY Managers shall be expected to operate their respective programs in a manner which will not adversely affect service, programs and employees. During this transition, additional memoranda of understanding may be developed and executed to address any issues not herein addressed and shall be approved by the City Council and Board of Commissioners. 7

8 8. Amendment This Agreement may be amended at any time by written consent of both parties. 9. Termination: Either party to this Agreement may at any time terminate this Agreement upon giving twelve (12) months written notice to the other party of its intention to terminate same. This Agreement shall continue until terminated as provided herein. IN WITNESS WHEREOF, the CITY of Fayetteville and the COUNTY of Cumberland both pursuant to resolutions of their respective governing bodies, have caused this Agreement to be executed and attested by their duly authorized officers and their official seals affixed, the day and year first above written. (Municipal Seal) CITY OF FAYETTEVILLE By MARSHALL PITTS Mayor ATTEST: APPROVED FOR LEGAL SUFFICIENCY JANET C. JONES CITY Clerk KAREN M. MCDONALD CITY ATTORNEY CUMBERLAND COUNTY (County Seal) By Jeannette Council Chairman of Board of Commissioners 8

9 ATTEST: APPROVED FOR LEGAL SUFFICIENCY Marsha Fogle Clerk to the Board of Commissioners GRAINGER BARRETT COUNTY ATTORNEY J:\Grainger\Recreation\Merger\City Recreation Interl AGrmt cht.doc 9

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