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_Please return this copy to the Clerk to the Board's ,3 <br /> Attachment 1 office for permanent agenda files d �¢ " <br /> 4 <br /> INTERLOCAL AGREEMENT <br /> BETWEEN ORANGE COUNTY AND THE CITY OF DURHAM <br /> FOR CONSTRUCTION AND OPERATION OF WATER AND SEWER FACILITIES <br /> IN THE ENO ECONOMIC DEVELOPMENT ZONE OF ORANGE COUNTY <br /> This agreement is dated,made, and entered into as of then day of /0,/0,44212 G <br /> 20/X..,by the City of Durham, a North Carolina municipal corporation(`Durham)and Orange <br /> County, a North Carolina political subdivision("Orange"). <br /> Purposes. The purposes of this agreement are(1)to further the economic development potential of land <br /> identified by Orange County and the City of Durham in their respective planning documents as <br /> particularly suitable for industrial development,as well as to promote the public health and safety of <br /> residents within the area,and(2)to accomplish the design,construction,and operation of water and sewer <br /> services within the Eno Economic Development District. <br /> 1. Definitions <br /> • <br /> Year—July 1 —June 30 <br /> • Zone—The Eno Economic Development District located at the eastern boundary of <br /> Orange where U.S.Highway 70 and Interstate Highway 85 intersect,shown in greater <br /> detail by the map titled"Eno Economic Development Zone Utility Service Boundary" <br /> and attached as Exhibit A. The Zone does not include land in Durham County. <br /> 2. Design. Durham will solicit and receive proposals for the design of water and sewer <br /> infrastructure to serve the Zone. Before awarding contracts for such design,Durham will <br /> provide Orange with the proposals and other responses to the request for proposals so that <br /> Orange may review and comment to Durham regarding the selection of the designer(s). <br /> Durham will then proceed to negotiate the professional fees with the designer(s). The fees <br /> must be satisfactory to Orange. Durham will not select any designer to which Orange objects <br /> based on the qualifications and/or professional fees. If Orange does not object within a <br /> reasonable time to a designer and its proposed fee structure,Durham may award a contract to <br /> the designer for such design in which the proposed fee structure applies. Orange will <br /> reimburse Durham for all payments that Durham is required to pay under the contracts. <br /> Therefore,Durham will invoice Orange as invoices are received from the selected <br /> designer(s) for payments made or required to be made under the design contracts. Orange <br /> will pay each invoice within thirty(30)days after it receives it. <br /> 3. Construction. Durham will solicit bids for the construction of the infrastructure. Durham will <br /> share the proposals with Orange. Orange may comment to Durham as to which contractor(s) <br /> the award should be made. If Durham concurs, and if Durham determines it appropriate to <br /> do so,Durham will award the contract(s)to those contractor(s)and execute contract(s)with <br /> them. If Durham does not concur, or if Durham otherwise finds it appropriate to rebid, <br /> Durham will rebid and continue the process described in this paragraph until Durham makes <br /> an award unless the Durham City Manager and the Orange County Manager jointly agree to <br /> suspend or abandon the process. By authorizing their respective managers to sign this <br /> agreement,the parties' governing bodies authorize them to agree to suspend or abandon the <br />