07061999
561
HARNE 11 COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
July 6, 1999
. The Harnett County Board of Commissioners met in regular session on Tuesday, July 6,
1999, in the County Administration Building, 102 East Front Street, Lillington, North
Carolina.
Members present: Dan B. Andrews, Chairman
Beatrice Bailey Hill, Vice Chairman
Joseph T. Bowden
Teddy 1. Byrd
Walt Titchener
Staff present: Neil Emory, County Manager
Wm. A. (Tony) Wilder, Assistant County Manager
Dwight W. Snow, County Attorney
Vanessa W. Young, Finance Officer
Kay S. Blanchard, Clerk to the Board
Chairman Andrews called the meeting to order at 9 a.m. and Commissioner Byrd led the
pledge of allegiance and prayer.
Commissioner Byrd moved to approve the agenda as published with the addition of budget
. amendments and a contract for code enforcement services for the Town of Coats.
Commissioner Hill seconded the motion and it passed unanimously.
Upon motion by Commissioner Byrd and seconded by Commissioner Titchener, the Board
unahimously approved the following items on the consent agenda:
1. Minutes: Regular Meeting, June 21, 1999 and Reconvened Meeting, June 28, 1999
2. Budget Amendments:
1 Tax (Fund 10-General)
Code 10-4500-0030 Salaries & Wages-p.t. 13,678. increase
10-3990-0000 Fund Balance Appropriated 13,678. increase
2 Emeflzencv Services (Fund 10-General)
Code 10-5300-0620 LEPC Implementation 700. increase
10-3990-0000 Fund Balance Appropriated 700. increase
3 Board of Elections (Fund 10-General)
Code 10-4300-0740 Capital Outlay 14,165. increase
10-3990-0000 Fund Balance Appropriated 14,165. increase
. 4 Teens As Parents (TAP) (Fund 10-General)
Code 10- 7313-0020 Salaries & Wages 54,039. increase
10-7313-0050 FICA Tax Expense 4,134. increase
10- 7313-0060 Group Insurance 8,252. increase
10- 7313-0070 Retirement Insurance 2,653. increase
10- 7313-0080 Worker's Compensation 810. increase
10-7313-0100 Training & Meetings 1,500. increase
10-7313-0110 Telephone & Postage 1,000. increase
10-7313-0140 Travel 5,800. increase
10-7313-0330 Materials & Supplies 2,500. increase
10-7313-0450 COul.acted Services 650. increase
10-7313-0470 Food & Provisions 1,500. increase
10-3480-0130 TAP-Duke Endowment 82,838. increase
~
56_,2
- 5 PattersonlBailev 98 CDBG (Fund 63-PattersonlBailev)
Code 63-9800-0020 Public Sewer-Ll CDBG 73,900. decrease
63-9800-0021 Public Sewer-C 1 CDBG 82,000. decrease
63-9800-0022 Public Sewer-C 1 Local 75,000. increase
63-9800-0030 Public Water-Ll CDBG 19,500. decrease
63-9800-0031 Public Water-Cl CDBG 17,800. decrease
63-9800-0100 Acquisition CDBG 7,500. decrease
63-9800-0110 Acquisition Local 22,500. decrease
63-9800-0200 Administration Cl CDBG 6,600. increase
63-9800-0210 Administration Ll CDBG 6,600. decrease
63-9800-0400 Clearance CDBG 5,500. decrease
63-9800-0410 Clearance local 16,500. decre.
63-9800-0500 Relocation Assistance CDBG 33,000. decre
63-9800-0510 Relocation Assistance Local 36,000. decrease
63-9800-0600 Rehab of privately Owned 13,150. increase
63-3480-0000 Community Dev. Block Grant 226,050. decrease
3. Formal contract award for materials and supplies at Public Utilities (Attachment 1)
PROJECT ORD. REGION- 4. Project ordinance for the Regional Sewer Facility in Lillington (Attachment 2)
AL SEWER FACILITY
MID-CAROLINA COG 5. Amendments to Mid-Carolina Council of Governments' bylaws to update them in order
BYLAWS AMEND. to be in compliance with the enabling legislation creating regional councils of
government under the North Carolina General Statutes. These Statutes give specific
guidance relating to the organization and membership of regional councils of
government. (Attachment 3)
EAGLE SCOUT 6. Resolution recognizing Eagle Scout James Martin (Attachment 4)
FIRST CITIZENS BANK 7. Resolution regarding transfer agreements with First Citizens Bank (Attachment 5)
CORRECTION TO MIN. 8. Correction to January 4, 1999 minutes - There was an error in the listing of names of
appointments to the Census 2000 Complete Count Committee. Delete name Connie .
Allen Bullock and add Cornelia A. Fuller.
DOT RESOLUTION 9. Resolution requesting removal of road from State Road System (Attachment 6)
CASWELL CENTER 10. Approval of a $50.00 allocation to Caswell Center
P.R. AMEND. TO Chairman Andrews called to order a public hearing on an amendment to the FY 98 CDBG
FY 98 CDBG - Program. Patricia Crissman, The Wooten Company, explained that the State exceeded our
SRAWTOWN yearly appropriation of CDBG Funds last year when they funded the Titan Project as well as
Shawtown. To address the over appropriation we must now reduce our Shawtown allocation
to bring our allocation in line. The purpose of the hearing is to allow public comment on the
de-obligation of $226,050 in federal grant funds as requested by the State. The remaining
funds will be re-allocated to complete as many of the original activities as possible. The
original grant amount was $666,800; the amended amount is $440,750. Chairman Andrews
opened the meeting for comments from the public. No comments were offered and
Chairman Andrews closed the public hearing. Commissioner Byrd moved to approve the
amendment and related documents. Commissioner Hill seconded the motion and it passed
unanimously.
Dwight W. Snow, County Attorney, stated that the County's new Emergency Medical
NEW PARAMEDIC Service Program will be implemented September 1, 1999. Termination notices have been
EMERGENCY MEDICAL sent to the current transport providers, Mid-South Medical Transport and Johnston .
SERVICE PROGRAM Ambulance Service Inc; In accordance with the Harnett County Ambulance Service
Ordinance, and the county agreement with each company, the written notice terminates the
medical transport franchise agreement effective 60 days from the date of the notice
(September 1, 1999).
Chairman Andrews called to order a public hearing on a proposed amendment to the Harnett
County Ambulance Service Ordinance. Dwight Snow, County Attorney, explained the
proposed amendment and stated that the purpose of the public hearing was to obtain
comments from the public regarding the proposed amendment. Chairman Andrews opened
the meeting for public comments. No comments were offered and Chairman Andrews closed
the public hearing. Commissioner Titchener moved to approve the amendment as presented.
Commissioner Hill seconded the motion and it passed unanimously. (Attachment 7 and
copied into Ordinance Book 2, page )
"'_ \'1 ~',.r.' ;:', ,._~ ~., ;""("'"'-';'i: - ""'U,~t!'~';;,;-(
56;'i
Dwight W. Snow, County Attorney, stated that the Ordinance Granting an Ambulance
Service Franchise to FirstHealth of the Carolinas is being submitted for its second reading
and final consideration by the Board. Attorney Snow presented the ordinance for the Board's
consideration. Commissioner Titchener moved to adopt the ordinance as presented.
Commissioner Hill seconded the motion and it passed unanimously. (Attachment 8)
VOTING DELE. Commissioner Titchener moved to designate Commissioner Hill as voting delegate for the
. NACo conf". ,",uce and the NCACC conference. Commissioner Bowden seconded the
motion and it passed unanimously.
ONE-STOP Neil Emory, County Manager, reported that bids have been received regarding the
Department of Human Resources' additional office space for the One-Stop Center. Award of
the contract will be considered at a later meeting.
CONTRACT TO Neil Emory, County Manager, noted that at one time Lillington contracted with the County
OPERATE LILL. for operation of their wastewater plant. The Town of Lillington has now requested that we
WASTEWATER return to this arrangement. Mr, Emory presented a contract service agreement for the
PLANT Board's consideration. Commissioner Byrd moved to approve the agreement as presented.
Commissioner Bowden seconded the motion and it passed unanimously. (Attachment 9)
~.J & S GRANTS Neil Emory, County Manager, reported that the County has been awarded a $3,000,000 grant
from the State for water improvements and a $3,000,000 grant for sewer improvements.
KAREN CLAYTON Karen Clayton, citizen, addressed the Board regarding her goal of having a center for special
CENTER FOR needs adults in Harnett County. Commissioner Byrd stated that he would like to have a
SPECIAL NEEDS meeting with the county manager and Ms. Clayton so she can explain the proposed program
ADULTS in detail and they can discuss ways to proceed.
. CLOSED SESS. Commissioner Byrd moved that the Board go into closed session for the following purpose:
To consider and discuss a personnel matter. This motion is made pursuant to
N.C. General Statute section 143-318.11(a)(6).
Commissioner Hill seconded the motion and it passed unanimously.
Commissioner Hill moved for the Board to come out of closed session. Commissioner
Bowden seconded the motion and it passed unanimously.
L.C. O'QUINN Commissioner Bowden moved for the appointment ofL.C. O'Quinn as Tax Administrator
for a two-year term. Commissioner Hill seconded the motion and it passed unanimously.
APPOINTMENT
ADJOURNMENT There being no further business, Commissioner Hill moved for adjournment. Commissioner
Titchener seconded the motion and it passed unanimously. The Harnett County Board of
Commissioners regular meeting, July 6, 1999, duly adjourned at 10:30 a.m.
.6Ja... /I. aL
Dan B. Andrews, Chairman
. Ka~~ LC~the Board
564
,
Attachment 1.
Subject: Formal Contract Award for Waterworks Materials and Supplies
Two sealed bids were received for the above-mentioned formal contract on June 28, 1999
at 2:00 PM at the HCDPU maintenance office. These bids are enclosed for your review .
and a summary of the bids are presented below:
1. TEC Utilities Supply Inc. $146,287.53
2. Pipeline Supply Company Inc. $143,527.54
I-iCDPU recommends that the Board authorize the award of this formal contract to
Piveline Supply Company Inc., as they are the lowest responsible bidder. This award is
necessary to ensure the adequate and unintermpted supply of all utility related materials
needed for the upcoming fiscal year. Also enclosed are the required bid bonds of 5% and
other bid-related documents. Please place this item on the consent agenda at the next
Board meeting.
Attachment 2.
Lll..LINGTON REGIONAL WAS.lJ!.tfATER PROJECT
DESIGN PHASE
BE IT ORDAINED by the Board of Commissioners of Harnett County, North Carolina,
sitting as the 6'''' i '... .Jng board for Harnett c.u....~ J. .
Section I. This project will consist of pumping the present wastewater flow from
Buies Creek/Coats to the Lillington Was~"'f,"~'" T.,.;.~..;;..~ Plant The Lillineslvu facility
would be expanded from a present capacity of.6 rngd to 2.7 mgd in order to
accommodate this additional flow. The. Buies Creek/COats Wastewater Treatment Plant
will be converted to a pump station and a new sub-regional pump station will be built to
force the Wll,)~...~f"certo Liltington. A new 12 inch Iv..... main will transportthe flow
from the Buies Creek/Coats pump station to the sub~regiona1 pump station. A 12 inch
gravity line will then transport the waste from this pump station to the Lillington plant.
Section II. The design portion of this project will be funded from the Harnett County
Department of Public Utilities' General Fund.
Section m. The following amounts are hereby appropriated for this project:
Engineering $ 210,000
Legal & Administrative $ 25.000
TOTAL $ 235,000
Section IV. It is estimated that the following revenues will be available for the design
phase:
Harnett County Public Utilities' General Fund Advance $235,000
Duly Adopted this lD'H. day of ~~. . 1999. .
&.- B. tU..- ,
Dan B. Andrews, Chairman
Harnett County Board of Commissioners
All~ST:
Kay Blanchard, Clerk
Harnett County Board of Commissioners
~ !J~
565
Attachment 3.
RESOLtITlON TO APPROVE AND RATIFY
THE AMENDMENT OF mE
MID-CAROUNA COUNCIL OF GOVERNMENTS BY-LAWS
Wht:JitAS, The County of Harnett ,has received proposed By-
Laws changes which are attached as Exhibit "A" and inc.... }-'....rated herein by reference;
WHEREAS, the proposed By-Laws have been reviewed and appear to be in the
best interest of the members of Mid-Carolina Council of Governments;
. WHERFAS, the proposed. By-laws will allow better implementation of projects and
promote cooperation among all members; and
WHERFAS, the said By-Laws should be in compliance with North Carolina General
Statutes ~160A-471.
NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the County of
Harnett , that:
1. The proposed By-Laws as written in Exhibit "AU attached hereto, are
....pp.oved and ratified.
2. The Chairman (Chainnan) and Clerk in behalf of said
Governing Body is authorized. to execute said Resolution and forward the Resolution to
the Executive Director of Mid-Carolina Council of Governments for proper action.
ADOyu:.U this the ~ day of Julv , 1999.
COUNTY OF HARNETT
By: .6t:a-- 15. U/<Y6.A
Chainnan Dan B, Andrews
ATI'EST:
. {~.1 .<U"--~4/Jd
erk Kay S. Blanchard
Mid-Carolina Council of Governments
Proposed By-Laws Amendment
Current Wording:
Article 1, Section 2. Membership
(a) The members of the Council shall initially consist of one member from each
of the ~"'.C4..Jng bodies of the counties of Cumberland. Harnett, Sampson
and the cities and towns therein which adopt this resolution prior to May 15,
1971, The governing bodies of other cities, towns, and counties may later
apply for membership in the Council. Upon ................J of any such
application by each g.....""...m.ental unit .......~~...;..;..g in the Council at the
time such appJication is .\C>..~....J, and upon adoption by the applicant of
a resolution identical. to the ones tmder which the Council is then vp"".....ldlg,
the governing body of the applicant shall select one of its members to be
. a member of the Council Each member shall seIVe at the pleasure of the
participating governmental unit by which such member is selected.
Proposed Wording:
(a) The members of the Council shall initially consist of one member from each
of the ~....c.uing bodies of the counties of Cumberland, Harnett, Sampson
and the cities and towns therein which have adopted this resolution prior
to May 15. 1971. The governing bodies of other cities. towns, and counties
may later apply for membership in the Council. Thereafter, any local
Government may join the Council by ratifying its chcu1er and by being
admitted by a m....j....;ty vote of the then existing members pursuant to N.C.
General Statutes 16OA-471. All of the rights and ....~v'Jeges of membership
in Mid-Carolina Council of Go.\:>.~....ents shall be exercised on behalf of its
member governments by their delegate to the Council. Each member shall
serve at the pleasure of the participating governmental unit by which s.~ch
member is selected..
56,0
CtpTent Wording:
Article V. Amendments.
Amendments to these bylaws shall not become effective until adopted by all
pcn1icipating governmental units in the Mid-Carolina Council of Governments.
Proposed Wording:
Amendment to these Bylaws and to the Charter of Mid-Carolina COlUlcil ot: .
Govenunents shall not become effective lUltil adopted by a majority of the participating
govenunental units in the Mid Carolina Council of Governments.
* . . * . * * * * *
Current Wording:
.
Article I. Section 5. rmance Matters.
On or before the first day of May each year. the Council shall prepare and submit
to each !-'.... ;';cipating county govenunental unit a joAv!-'vsed budget for the next fiscal year
commencing July I.
The budget shall also set out the proportionate share (in terms of percentage) of
the budget to be borne by each participating connty governmental unit, based upon the
latest decennial census.
Upon ",,!-,!-,.oval of the budget by the participating county governmental units. each
participating county governmental unit shall "".......opriate its share of the budget and shall
fOIWClI'd to the Council Acconntant its share of the budget. All such ""!-'!-" opriations shall
be made in accordance with the Municipal or County Fiscal Control Act. as may be
",,!-,!-,.opriate. The Council may. with the agreement of the governing body involved,
designate one of the County or Municipal Accountants as the official COWlcil AccolUltant .
to perform the function of the County or Municipal Accountant nnder the Municipal or
COlUlty Flscal Control Act insofar as post-budget ""!-'.... oval of expenditures is concerned.
Proposed Wording.
On or before the first day of May each year. the ColUlcil shall prepare and submit
to each participating govenunental unit a proposed budget for the next fiscal ~
commencing July 1.
The budget shall also set out the proportionate share (in terms of percentage) of
the budget to be borne by each participating governmental unit, based upon the latest
decennial census.
Upon ~!-,!-,.oval of the budget by the Board of Directors of the COlUlcil. each
participating governmental unit shall "".......opriate its share of the budget and shall
tv. yvwJ to the Council its share of the budget. All such ",,!-,!-,.opriations shall be made in
accordance with the Municipal or County Fiscal Control Act. as may be ,-,!-,!-,.opriate.
* . * . * * * * * *
Current Wording.
Article II. Section I. Meetings.
Regular meetings of the COlUlcil shall be held at such times as shall be .
determined by the Council. Special meetings of the COlUlcil may be called by the
Chairman, or by any three members thereof. All meetings shall be open to the public.
.
At lest two days' written notice shall be given of any special meeting of the
Council. It shall state the time. place, and purpose of the meeting, and may be sent by
telctf.....u. Any member may waive notice as to himself.
Proposed Wording.
Regular meetings of the Council shall be held at such times as shall be
determined by the Council. Special meetings of the COWlcil may be called by the
Chairman, or by any three members thereof. All meetings shall be "'!-,ou to the public.
At lest two days' written notice shall be given of any special meeting of the
Council. It shall state the time. place. and purpose of the meeting. and may be sent by
facsimile. Any member may waive notice as to himself.
567
Attachment 4.
BOARD OF COMMISSIONERS COUNTY MANAGER
DAN B. AHDREws, Ja., ChaimtQ1l NEIL EMORY
BIlATIUC! B. HIll., Vice-ChaUman WM. A. (TONY) WILDER. Assislanr
JOSEI'll T. BOWDEN
TEDDY BYRD CLERK TO TIlE BOARD
. WALT TrrctmNat KAy S. BLANCIIARD
COUNTY OF HARNETT
p.o. BOX 7St. LILLINOTON. N.C. 27546
(910) 893-7S55. FAX (910) 814-2662
RESOLUTION
James Martin
THA T, WHEREAS. the Boy Scouts is an organization which has long helped shape the
lives of young people across America; and
WHEREAS, this organization is dedicated to developing the future leaders of our
communities and our nation; and
WHEREAS. the Boy Scouts recognize their highest achievers by recognizing them as an
Eagle Scout: and
WHEREAS. this award is only presented to those individuals that demonstrate a
commitment to self-improvement as well as service to their community.
NOW. THEREFORE. BE IT RESOLVED that the Harnett County Board of
Commissioners does hereby recognize James Martin and congratulate him for attaining Eagh:
Scout.
. Duly adopted this 6th day of July, 1999.
HARNETT COUNTY BOARD OF COMMISSIONERS
~~ J. 4.t~,.
Dan B. Andrews. Chairman .
~ tl.
~,} ~jc;i:/t
V" 'Joseph T. Bowden
...----.
I :"L~-:l___
Walt Titchener
I.
Harnett County does not jir . . color. national origin, sex, religion. age or
disabi . the provision of services.
.
--
568
.
Attachment 5.
CERu1'1ED COPY OF CORPORATE RESOLUTION
OF
Harnett County
I, the undersigned, hereby certify that I am the Clerk of the above-named
Corporation which Corporation is duly organized and existing under the laws of the State .
of North Carolina : that the following is a true copy of the Resolution duly
adopted by the Board of Directors of said Corporation effective of the 6th day of
Julv ,1992-.
Resolved that the officers listed below are Authorized Representatives of the Company
with the authority to execute all appropriate documents for the Stock Transfer a{:count
established with First-Citizens Bank & Trust Company.
Name Title Silmalurn
Dan B. Andrews Chairman ba- ~/~~-
Board of Couunissioners ~,_ /1 (/
Neil Emory County Mana~er . ijl ~
,,- .' ~~
Vanessa W. Youne Finance Officer 1L:~jfJJ . 'lJ ~
I
I further certify that this Resolution has neither been rescinded nor modified
K~ /.. (J).~~
Clerk;rc, the Board ~~'<
.
Attachment 6.
RESOLUTION
BE IT RESOLVED that the Harnett County Board of Commissioners
does hereby, by proper execution of this document, requests that the North Carolina
Department of Transportation abandon from the State's Secondary Road System
the below listed street.
SR 1573 (Davis Street) from SR 1524 to SR 1572
length 0,25
Adopted this 6th day of July, 1999.
HARNETT COUNTY BOARD OF COMMISSIONERS .
j)~ /2t,.~ '-'
Dan B. Andrews, Chairman
ATTEST:
A~.f.~
K S. Blanchard
Clerk to the Board
. -------- ----- - ----- -- ----
569
.
Attachment 7.
AMENDMENT TO mE
AMBULANCE SERVICE ORDINANCE
OF
HARNETT COUNTY, NORm CAROLINA
WHEREAS, the Harnett County Board of Commissioners originally adopted on May 4, 1992 an
ordinance entitled" Ambulance Service Ordinance ofHarnett County, North Carolina" (hereinafter ref.... wj
. to as "Ambulance Ordinance"); and
WHEREAS, an amendment to the Ambulance Ordinance has been proposed regarding the
termination of any ambulance service franchise &eo ww,"".ent awarded undcrthe provisions ofthc Ambulance
Ordinance; and
WHEREAS, after the consideration of the amendment and a public hearing at its regular July 6,
1999 meeting, the Commissioners have dw~ .".....ined and concluded that the passage of said amendment is
warranted in order to obtain the services of a responsible medical transport franchise operator.
NOW, TIlEREFORE, BE IT ORDAINED AND RESOLVED by the Harnett County Board of
Commissioners that the following amendment be made to the Ambulance Ordinance:
That Section 8.0 A shall read as follows:
.Section 8.0 Same-Term
A. The County may issue a franchise hereunder to an owner of an ambulance service, to be
valid for a term to be dctcnnined by the County. Subsequent termination of any awarded
franchise shall be pursuant to the provisions of the applicable franchise
ordinance/agreement. If a franchise is terminated, the ambulance service can reapply for
a franchise if a continued service right is desired.
This amendment shall be effective on the date of passage by the Board of Commissioners.
Motion made for adoption by Commissioner Walt Titchener
Motion seconded for adoption by Commissioner Beatrice Hill
.
Votes in favor of adoption: 5 0
Aye No .
Duly adopted on this the 61h day ofJuly, 1999.
ALl. ~
Dan B. Andrews, Chairman
Harnett County Board of Commissioners
ATTEST:
J<':?aLP-~
Kay S. lanchard
Clerk to Board of Commissioners
.
~,
57'0
Attachment 8.
AN ORDINANCE GRANTING AN AMBULANCE
SERVICE FRANCmSE TO
FlRSnmALlH OF 1lIE CAROLINAS, INC.
WHEREAS, the Board of Commissioners for Harnett County originally adopted on May 4,
1992 an ordinance entitled "Ambulance Service Ordinance of Harnett County, North Carolina .
(hereinafter referred to as "Ambulance Ordinance"); and
WHEREAS, the Board of Commissioners of Harnett County thereafter adopted certain
amendments to said Ordinance; and
WHEREAS, the Board of Commissioners of Harnett County pursuant to the Ambulance
Ordinance bas received c~,~;:... applications for a franchise to operate an ambulance service in the
County; that the Ambulance Ordinance requires that certain findings be made before granting a
franchise by ordinance; and
WHEREAS, the Board of Commissioners of Harnett County has made or caused to be made
investigation of the franchise applicants as to their respective filmncial standing, ability to provide
quality ambulance services, and technical'_HY - ~se in the area of medical ~"''''l'wo ~ services; that the
Commissioners' p"...,."" .ount concern is what is in the best interest of the public citizenry and health
care providers who would be served by said franchisee; that based upon these factors, the Board of
Commissioners has made and does make the following findinp;
1. That the application and medical transport proposal of FirstHealth of the Carolinas,
Inc. (hereinafter "FirstHealth") offers the level of ambulance service needed for primary non-
emergency transportation service, throughout Harnett County, and further as a back-up to County
EMS and Rescue Squads for ambulance and emergency medical services as requested by the County.
2. That the public convenience and necessity require the type of ambulance service
proposed by FirstHealth.
3. That each ambulance of FirstHealth has the required equipment and the yo ",...ises .
designated in the application sha1l be certified by the County and the State; prior to and during
w,. _....;.:on under this franchise, FirstHealth shall meet all standards set forth in the Ambulance
Ordinance,
4. That only duly licensed ambulance 8ttendants and emergency medical technicians are
or shall be employed in such capacities with FirstHea1th for service purposes under this franchise.
WHEREAS, based upon the above findings of fact the Board of Commissioners has
concluded that it is in the best interest of the public that an ambulance service franchise be granted
to FirstHealth of the Carolinas, Inc. pursuant to those terms set forth in that Medical Transport
AD" ___,ent, attached hereto as Exhibit" A," and the provisions of the Ambulance Ordinance.
NOW, lHEREFORE, BE IT ORDAINED by the Board of Commissioners of Harnett
County as follows:
l. That Harnett County hereby grants the right, privilege and franchise to FirstHealth
of the Carolinas, Inc, to provide medical transport services in Harnett County during the franchise
tenn. FirstHealth will be the exclusive provider of patient medical transports originating at any of
the fIXed medical facilities other than transports requiring critical care retrieval services.
2. The rights, privileges and franchise hereby granted are expressly subject to the
following:
(a) The Medical Transport Agreement attached hereto as Exhibit "A"; and
(b) The provisions of the FirstHealth's application for franchise, which .
application was prepared for and submitted to the County of Harnett; and
(c) The provisions of the Hamett County Ambulance Service Ordinance
3. FirstHealth, by accepting the rights hereby granted, covenants that it will perform and
keep all acts, covenants and obligations imposed, 0 -,.. ..sented or ..... , ...., .ised by the provisions of this
ordinance, the County Ambulance Services Ordinance, the application of FirstHealth and the
Medical Tran..yuo ~ AD" __..ent, and that any failure to do so will be grounds for termination of any
rights hereby granted.
4. The effective date of this Ordinance shall be the date of its fmal adoption.
S. If any section, sentence, clause or phrase of this Ordinance is for any reason held to
be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
FIRST INTRODUCED at a regular meeting of the Board of Commissioners on June 7, 1999.
.~---- -~ - - -.-,..,...,.~-----:-:--:"......-..,--,--,- ---- -~~---;:'~;T" ---------- ~-- -
571
FIRST PASSAGE at the regular meeting oftbc Board ofConunissi....w... on June 21, 1999.
~_L2L_
Dan B. Andrews, Chainnan
Harnett County Board of Commissioners
SECOND PASSAGE at the regular meeting of the Board of Commissioners on July 6, 1999.
. ADOPTED UPON SECOND READING on July 6, 1999.
A[j.~
Dan B, Andrews, Chainnan
Harnett County Board of Commissioners
ATIEST:
J<' 0-." It/OAd' (, c, ~~
Kay Blanchard
Clerk to Board ofC.'L...,..issioners
EXHIBIT "A"
MEDICAL TRANSPORT AGREEMENT
nus MEDICAL TRANSPORT AGREEMENT is made as of the 6th day of July,
1999, t ..I.noo FlRSTHEALTII OF mE CAROLINAS, INC, (-FirstHealth"), a North Carolina
. DOt-for-profit COIpOI1IioD, and HAIU.r.ll COUNTY, NORTII CAROLINA (-County").
RECIIALS:
A. FirstHealth..r.......... an LW&!oA..red health care ....~on in south central North
Carolina, iDclucUDg medical transpOtt and non-emergency ambulance services (-Medical
T........,.mt Services"), and F'1l'StHea1th desires to w_.... iDto this ae.w.....eDt to provide Medical
T.-...,. ..~ Services-for die t _....:::.. of Harnett County (Harnett County and the surrounding area
served by medical ticilides l. ",..,.J in Harnett County is 1._....1ter refw.owl to as die -Coverage
Area");
B. Tbe County r....._Jy provides Medical Tran..,. ". Services to the citizens of the
County either directly or by CODttICt with third parties;
C. Tbe County d...:..... to ..w...in F'ustHealth as die sole and exclusive provider of
Medical Tn...... ,'.., Services in die Coverage Area upon die .__.. and conditions set forth herein.
NOW, uu:.au:ruRE, in consideration of die DDltua1 covenants and conditions
h...-:...fter_.,..-...wl, and otber JOOd and valuable consideration, die .w",w:r' and sufficiency of
which lie hereby aclmDwledged, die parties hereto covenam and agree as fonows:
1. SERVICES TO BE PROVIDED BY FlRS'l'HEALTII. (a) Medical Transport
Semces. DuriDa die Term of tbis A.-._.,_- (as cLJ...J in Section 3), F'U'StHealth ~....lo to
provide Medlca1 TIIDIpOrt Services for die County in die Coverage Area. Medical Transport
Services will include patiem medical .,,:....1' orts origiml'"'g at Betsy Iolmson Regional Hospital,
Good Hope Ccn,"..,ni~ Hospital or any other fixed medical flcility in die Coverage Area
. (-Facilities") and OIlIer DOD-..... .,...,..J ambuJm:e services within the Coverage Area through the
units ..,.....:lied OIl ~~ 1. F'1l'StHea1th . __ /eS the right to ...~ ...iinate delivery of Medical
T........l'Mt Services with OIlIer F'1l'StHea1th vebIcles. FirstHealth will III..:'.. together with all
.'..."_'. ambul,.... providers of MecUcall:",...... .... Services in tbe Coverage Area to ensure
coverage on 100" of all boDa ftde ... 'I" ....... for Medical T..".. .'t ,... Services received by die
CouDly in the Cow:aae Ana without ".Co"" J to leader, rICe, reliJion, age, DIlioaality or ability
to pay. F.Ich Facility will provide medica1",!_,,~, coosisb:nt with establisbed medical protoCOls,
for all patieDts requidaa Medical TratlSpon Services. FintHealtb medical,."..,...o will serve as
the buis for alIl1111l1iDa "t_", 0UIIide of a FIcl1ity. AdditionaI..,.."..ct to medical c:omrol for
subsequeDt .,.. ~. .,., in the Coverqe Area will be made to ODe of the Facilities.
(b) Back-up EMS. Harnett County EMS and the Rescue Squads of Harnett County
will c:onlimJe to serve as die primar} provider of .... -,,,.,,.J medical services within die
---- -----~---
572
Coverage Area. FirstHea1th will use its best efforts to provide back-up ambulance and emergency
medical services in the Coverage Area as reasonably requested by the County.
(c) Response Times. FirstHealth will use its best efforts to maintain response times
of less than fifteen (IS) minutes, S9 seconds on at least eighty percent (80%) of all scheduled
calls and .-........oency transfers and a response time of less than S9 minutes, S9 seconds on at least
ninety p........~ (90%) of all calls and will review all transports ._......_.:ing the foregoing respomes
~..~. FirstHealth ....lo... les the right to adjust vehicle assil!o"".-..... and staffing levels to the extent
it d.._ol. ~J to maintain the foregoing ..........,,..: times.
(d) Community EMS Plan, The County recognizes that FirstHealth is a hospital-
based ambulance provider. Patient ~......Ier destinations will reflect the patient's choice provided
that the provider of Medical Transport Services d...._.ol. the distance to be reasonable and the
facility to be reasonably capable of handling patient's immediate needs. .
(e) Commencement of Services. FirstHealth will implement Medical Transport
Services for patient medical transfers effective August 1, 1999 and will assume other Medical
T........f:'".~ Services on September 1, 1999.
(f) F.. .,) " , , .neI. Medical Transport Services personnel shall be employees of
FirstHea1th and shaD be subject to FirstHea1th personnel policies and guidelines. All hiring,
including initial hiring, will be done in accordance with FirstHea1th hiring standards and
practices. FirstHea1th will use reasonable efforts to recroit personnel from within the Coverage
Area and to offer benefits and salaries generally consistent with those found within such general
geob":'.t:Jc region for c,."~.,.rable empIO}__...._l and ...........:ence. FirstHealth reserves the right to
adjust personnel and staffing levels to the extent it deems ............sary to provide the services based
upon volmne of calls. FirstHealth assumes all liabilities and .......~....ibilities concerning the
withholding and payment of all taxes, FICA. FUT A and other payroll withholding obligations
with ............. to such employees.
(g) Management. FirstHealth will be ....... ~..sible for all management and other
personnel issues affww~ Medical Transport Services staff. The Medical Transport Services
Director will maint=-lg offices in Harnett County. Operational and administrative support and
executive management will be provided by FirstHealth from Pinehurst and FirstHealth Vl'......tions
in other counties.
(b) Equipment. FirstHealth will be responsible, at its sole cost and .....I'.....se, for all
vehicles, medical equipment and supplies _........sary to provide the services described herein. All
such vehicles, equipment and supplies shall remain the exclusive ... w.. ...~J of FirstHea1th. .
(i) Schedule of Ch".e;w, and Billing. FirstHealth will establish charges for Medical
Transport Services that shaD not exceed reasonable and customary amounts for such services.
FirstHealth will notify the County between January 1 and March 31 of each calendar year of any
increase in charges necessary to cover op.;.....:..g .....1' .....Jes of the service. The County may, at its
option, elect to subsidize FirstHealth to cover such increase in lieu of the increased charges
I'.'~t- ~sed by FirstHealth. Any increase or subsidy will become effective on July 1 of such
calendar year. FirstHealth will be responsible for billing and collections for all Medical Transport
Services provided by FirstHealth. Billing and settlement of claims will be at the sole discretion of
FirstHealth. Notwithstanding the foregoing, FirstHealth will use reasonable efforts to establish
pa}.......:. plans for individuals with limited means and will consider "Charity Care" on a case-by-
case basis for individuals who do not have the means to pay for service, all consistent with
cu........ practices and policies of FirstHealth. FirstHealth reserves the right to pursue claims and
debt collection actions including, but not limited to, skip tracing, (ding small claims, (ding liens
and retaining a collection agency. FirstHealth shall make available a toll-free phone number for
billing inquiries.
(j) Volunteer AgendesJEmergency Management. FirstHealth will use reasonable
efforts to coordinate and integrate services with Harnett County EMS, the Rescue Squads of
Harnett County and various volunteer agencies that assist in providing ambulance and first
re..l'u....e services in the County in order to maximize the delivery of Medical Transport Services.
FirstHealth recognizes the need to aid and assist local emergency management agencies within
the Coverage Area and will provide such support to such agencies as FirstHealth deems
al'l" ~t'.:ate, in its sole discretion.
(Ie) Regional EMS Advisory Council. The County shall agree to appoint a .
....f:'......eJ1tative designated by FirstHealth to the EMS Advisory Council for the Local Resource
Organization as .."...."..Jy as practicable and at all times thereafter during the term of this
~.'.;...;..._ent.
2. OBLIGATIONS OF COlJtfir. (a) The County agrees to retain FirstHealth as
the provider of Medical T, ,,'"" "'1' ... _ Services in the Coverage Area during the Term. FirstUealth
will be the sole and exclusive provider of patient medical .......f:'u.... originating at any of the
Facilities other than ...."~1'...;.. requiring critical care retrieval services. The County agrees to
adopt or amend any occessary ordinlltr1!!l or regulations to effect this A,.. .._...mi. The County
will cooperate with FirstHealth in order to transition Medical Tra......~.. Services to FirstHealth
and in providing access to any necessary records or (des required by FirstHea1th in connection
with the transfer. All documents. materials and other information obtained by either party from
the other shall be kept confidential and shall not be disclosed to third parties or used for any
purpose, except as provided in this Af>" ........ent. Each party shall limit disclosure of such
documents, materials and other information to those of its employees who have a need to know
such information and shall inform those employees to whom such disclosure is made of their
obligations of confidentiality and limited use.
- -----~
- ------- - ..,.-o-T',c " ------ -';--:~-""'-~~"{~-~'__",;:'.'l'
573
(b) The County .......... to designate FirstHealth Moore Regional Hospital as a
participating spotISOl' hospital. FirstHealth ae-..... to c....,. .....,~.;; with the administratively
responsible sponsor h, ....,', "j desiJDlfal. from time to time. by the Harnett County Audit and
Review COIDIIlittee.
3. IEB.M. (a) The initial term of this Ae-'''_.'''~'' shall be five (5) years,
CODDn....:'.g August 1. 1999 and ending July 31, 2004 (July 31. 2004, and armiversaries thereof
t .:"0 herein ..I....l to as the .. ......val date"). Thereafter, this Ae,..._..ent shall be automatically
renewed for successive additional terms of one (1) year each (each an "Additional Term"), unless
",;,.:... pany sba1I give writIen notice of tenniDation to the other at least one hundred eighty (180)
days prior to the next, woO ,; ,.ra1 date.
. (b) Either FirstHealth or County may tenninate this Agreement for cause based upon
an event of default described in Section 10 L....", subject to the notice and cure provisions set
fonh ~.... ..:n.
4. RF.I.ATIONSHIP OF PARTIES. (a) In performing the professional services and
obligations under this A." .. " I, ,. .1., FirstHealth, and all FirstHealth employees performing services
for FirstHeaIth, shall be at all times acting and perfonning as independent Cv......ctors to the
County, and not as &.!i.. ," of the County. Nothing in this Ae-.....mt sba1I be deemed to constitute
the parties as joint employers, joint venturers, pa.~.molo or anything,!".. than ind'''t'...~ent
c...'......ctors.
(b) Neither the County nor FirstHealth shall have or exercise any cu....ul, supervision
or direction over the professional judgment or methods employed by any physician or medical
director retained to support or provide Medical T_.._~t' "0. Services.
(c) The parties ....1'. ..&Sly agree that nothing in this Ab' ,;..,;.....ent will be deemed to
prevent FirstHealth or any of its subsidiaries or affiliates from performing Medical Transport
Services and ambulance services for any other county. gov,....~.mt unit, person or entity, as it
may desire from time to time.
(d) The County shall not engage in, make or exhibit acts, statements, demeanor or
professional conduct,.:~,._ within or outside of the County, when the same is intended to be
.:._:..........1 to patient safety or to the delivery of quality patient care, disruptive to FirstHeaIth
~rw...:.:ons or an impairment to the community's confidence in FirstHealth.
. (e) The County acl..",.. ,fledges that FirstHealth maintains active community relations
and m....I....:..g programs desiped to serve the residents of the community and enhance the
repuwion and visibility of FirstHealth. The County shall cooperate and assist FirstHealth in
"'''I-,.,'.sing the community of such .."'b,',,'.... by parli"';i',,:,,'e, in community extension events, as
mutually .....J upon by the parties L_.~." in an effort better to serve the community and
t" .:".ote the reputation of FirstHealth's Medical Transport Services.
(t) The County rec:oe--:"'''''' that FirstHealth is a participant in various third party
payment proc.":'''S including, without limitation, Medicare and Medicaid, as well as various
managed care .."" C. ..: '" ,oJ', which parti..:I'''~on is .............:aI to the ability of FirstHealth to serve the
community. Therefore, the County, as reasonably required by FirstHealth, a6&'''';''~ to cooperate
fully with FirstHealth and provide assL:.......... for participation and payment associated with such
programs in.............:.:on with the services provided pursuant to this Ag."W&o.eDt.
S. INSURANCE. (a) The County ........sents and warrants that, to the best of its
knowledge, there are no outstanding circumstances that would prevent or inhibit FirstHealth from
obtaining or rnaintaini"8 customary insurance coverage for its Medical Transport Services.
(b) FirstHealth ae-"".J, to procure and maintain in force during the term of this
A6' ..,;.....ent. at its own costs, the following coverage:
(1) Worker's ,~.,"t' ....sation insurance as required by the State of North Carolina.
(2) Automobile liability insurance with one million doUars ($1,000,000) combined
single limits for bodily ilUury and property damage of not less than one million doUars
. ($1,000,000) for any one occurrence, with ...~I',;..... to each of FirstHealth's owned, hired,
or non-owned vehicles assigned to or used in performance of the Medical Transport
Services. Coverage shall be provided by FirstHealth for the non-owned automobiles
belonging to employees used in performance of the services.
(3) Professional E..u.~ and Omissions (medical malpractice) liability insurance with
one million dollars ($1,000,000) per occu.........: or per claim.
(4) Excess umbrella liability insurance in the amount of five million doUars
($5,000,000) in excess of the primary policies as set forth in subsections (1), (2) and (3).
(c) FirstHealth shall 1"..'''' Jre and maintain, and shall cause any subcontractor of
FirstHealth to 1'........Jre and maintain, the minimum insurance coverage listed herein and shall
name County as an additional insured on these insurance policies. Such coverage shaU be
procured and maintained with fonns and insurers reasonably acceptable to County. All coverage
shall be c."":,,,.lously maintained to cover liabilities, claims, demands and other obligations
assumed by FirstHeaIth. In the case of any claims made policy, the necessary retroactive dates
and extended reporting periods shall be I'.......lred to maintain such continuous coverage.
,574
(d) A Certificate of Insurance shall be completed by FirstHealth's insurance agent(s)
as evidence that tile policies providing tile required coverage, conditions, minimum Iim':~, and
tile DlID1ing of County u an additional insured are in full force and effect, and sbalJ be subjcct to
review and appro,,,] by County prior to 'm,,"" ~"..~" ~.I. of any services under this Ab.ww...~m.
The C~. :.r.cate sbaIl ideDtify this Au.n"....,~ and sbalJ provide that tile covenge afforded under
tile policies shall not be....._w.J1ed, ~~..""Jnated, or materially changed undI at least 30 days prior
~I',\.,~", notice bas been given to County.
(e) Fallure on tile part of FirstHealth to t""".11'e or maintain policies providing the
required coverage, conditions and minimum limits shall con..:'...,.~ a material breach of contract,
upon which COllDly may innnf!diately terminate this A,... .........u.., or at its discretion County may
procure or .w..~IJ any such policy or .....~....d the reporting period thereto and may pay any and all .
premiums in C, ,";. w w:on tL_w h~th, and aU moneys so paid by County shall be repaid by
FirstHealth to County upon demand.
(t) County reserves the right to request and receive a certified copy of any policy and
any endors....u,....... thereto. FmtHealth ab....... to execute any and all documents necessary to
allow County access to any aud aU insurance policies aud endorsements ........ining to this
A,...w.....em.
(g) The parties hereto understand aud agree that County, its officers, and its
employees are relying on and do not waive or intend to waive any provision of this A6........ent,
the 111,'.. ..~Iry limitations, or any other rights, inmwnities, aud protections or other defenses
available to County, its officers, or its employees.
6. FACILumS. Prior to the conunencement of the Term specified in Section 3,
FirstHealth will enter into a lease agreement, upon tenDS and conditions satisfactory to
FirstHealth in its sole di..wu':on, relating to the facilities ..........sary to the provision of the
Medical T~t'~.. Services. The County agrees to cooperate with, and provide reasonable
assistance to, FirstHealth in the identification and 1'" , w JICIDCJJt of such facUities.
7. COMMIJNIC6]10NS. Communications with all FirstHealth vehicles rendering
Medical T~...... Services pursuant to this A,... w...u.wu.. will utilize the County Communications
C.....Jw. and FirstHealth will number such vehicles in accordm;e with FirstHealth' s status as a
regional ambulance S} ~~...... Such use of the County Communications Center sball be provided at
no cost orw..t' wu.sc to FirstHealth.
8. INDEMNIFICATION. (a) The County a6....... to indemnify and hold harmless .
FirstHealth, its .....t'..w.:ve employees, agents, officers and directors, for any costs, loss, damage
or .....t'......e (including reasonable att~.....J fees) arising out of acts, omissions or .....v." in
judgment committed by the County, or any agents or employees of the same, in carrying out the
termS of this A,... .......eDt.
(b) FirstHealth a,... w.... to indemnify and hold harmless the County, its respective
employees, ll&..u~, officers and directors, for any costs, loss, damage or....!' ....~ (including
reasonable att..u';J fees) .:.....:;., out of acts, omissions or.......~ in judgment c...i""ltted by
FirstHealth, or its all> ~ . ,,.. or employees in carrying out tile provisions of this A6" ..w..ent.
9. COMPUANGB WITll....LA WS. In providing the services described herein,
FirstHealth agrees to "w_..ln in substantial .w.....t'Iiance with aU laws of the United States; the
State of North Carolina; including, but not limited to, the rules and regulations S''' ,:,",.1Igated by
the Medical Care Commission and the NC Medical Board; and ordinances and regulations of
County existing as of the date of this A,.......u...u... At a reasonable time (during business hours),
the County shall have the right to audit all non-patient uoi,".~ of FirstHealth applicable to
FirstHealthIHarnett Medical T_....... "'~ Services necessary to ensure substantialoiu......Iiance with
all such laws.
10. EYENTS OF DEFAULT. Either party shall be in default under this A6u.....ent
in the event it shall fail to .w. "'.1' ly with any term, provision or covenant of this A6' .......ent
applicable to it, and sbalJ not cure such failure within sixty (60) days after ~,:"w~ notice thereof
to the breaching party; provided, however, that a longer period shall be allowed if the breaching
party has COIJUll,;..,'wwJ to cure such default in good faith within sixty (60) days notice of the
breach but the cure C8JD1Ot be reasonably effectuated within that time period. .
11. AMENDMEmS. This AD- .......ent may be amended at any time by written
instruments executed by the authorized officials of FirstHealth and the County.
12. .SEVERABIJJ:[Y. If any provision of this A6........ent, or any portion hereof, is
found to be invalid, illegal or unenforceable, under any applicable statute or rule of law, then
such provision or ..".. ~'.on thereof shall be deemed omitted, and the validity, legality and
en1..........biIity of the remaining provisions shall not in any way be affected or impaired thereby.
13. GOVER.NU:KiJ.A w. This Agreement shall be construed under the laws of the
State of North Carolina.
14. MODIFICATION TO COMPLY WITH LAW. In the event that anyone or more
of the tenns of this Ab.............. (i) is determined to be unlawful or invalid under state or federal
law or (ii) jeopardizes or causes the loss of the federal or state tax-exempt status of FirstHealth or
any of its affiliated corporations, the parties agree to reform this A6.,.......ent (i) to eliminate the
----~----
575
illegality or invalidity and (ii) to revise any provision which jeopardizes or causes loss of the tax-
ex_,,'r ' status, so that after the revision FirstHealth (or the affiliated corporation) will qualify or
continue to qualify for tax-exempt status. In the event an w.L.uw...w.,l action is brought or
t1. ...,..__J against any party, or an audit or examination is ....'"." ~., __J with .....1' _..~ to any party
by any Ie,......j of the state or .7.~_,:J ,i!I,Je1diuent having jurisdiction over the subject matter of
this Ac.. n".ent, the pIII'ties L ~,_" &pee to reform this Ac"n,,, ~.. to eliminate or revise its ._m...
in a IDII1IIICI" to resolve favorably the enforc-.._.J ," _ :" '0' tL...,. I ~" . J em... w ....,.ent action, audit or
~lImination.
In refonnation of this Ae,.. nc.._".l pursuant to this Section 14, to the greatest extent
possible _mi.stent with law and FirstHea1tb's tax-exempt status, F'D'5tHealtb and the County will
do ~:",.,,;.rer is reuonably possible to ..,,_1_. Ie the finlmcial benetitsto which the County is
entitled UDder this A,.,., n.. _,., ,.
. 15. NOTICES. Any notice required or ,. w....Jtted to be given under this Ab.........ent
shall be sufficient if in writing and delivered in person or sent Registered or Certified United
States mail, return.. .u'r. reqt....',i_J, .. ,,,,,,.ge..,, _..,:.id, or by retoc,-.:"'wJ courier service addressed
as follows:
If to FirstHealth:
Charles T. Frock
President and Chief Executive Officer
FirstHealtb of the Carolinas, Inc.
155 Memorial Drive
Pinehunt, NC 28374
If to the County:
Neil Emory
County Manager
Harnett County
Manager's Office
County Office Building
PO Box 759
Lillington, NC 27546
or such other address as either party may desib......... in writing.
. 16. ENTIRE AnRRRMRNT. This Ae,a........ent and the Exhibits thereto contain the
w....:..... understanding of FirstHea1tb and the County with .....t'..... to the subject matter hereof, and
s\.t'...... all negotiations, prior or cont._".... ,,,dJeOUS discussions, ac.--.....ent5 or understandings,
whether \\.:...... or oral.
17. ASSIGNMENT. This Ao-...w...oent may not be assigned, delegated or transferred
by either party L_...l> by..........w~ or other lIu.n,,-..., 'I' _".,,~:on of law (including m""b:r), or
otherwise without the ....1'.....5 \\.:~_ consent of the,;:'.. party; JlOt\I,:a......nding the foregoing,
however, FD'5tHealth may assign this Ae,.. _ ~". .. .,. and its obligations hereunder to any party
c ,.....Jling,...:..~'"lled by or under _"...... em ...........;1 with FirstHealth, provided FirstHealth
guara..~w-> the performance of all ofF'D'5tHea1th's obligations UDder this Ao-w.....,......
18. ARauAATlON. Except for (i) ~..... relating to specific perfonnance,
injunctive relief or other equirable remedies, or (ii) indemnifiable third party claims pursuant to
Section 8 1._...1, the pIII'ties I. ~.. _~. &pee to submit to arbitration any and all ......:.;,_.. in dispute or
in com:roveny lIIIlOIJI them which are DOt resolved informally within a reasonable time
concerning the t........ and proVL.:""., of this Agftlemeol. All such disputes and C,.'.OL. !ersies shall
be ~,..,_....,,:.. _J and adjudged by the arbitrators, and the bearing shall be held at a location a6-....;
to by the ,"1"':"'" within the State of North Carolina. The selection of a ,~_:",.....ors and the
......w.dure sbaII be in ace..:',.. -. with the COIIIIDCrcial arbitration rules then in effect of the
American Arbitration Association. Any award rendered shall be final and conclusive upon the
parties and a judgment t: ~. _, ,,,. may bew__ _ _ J in the highest court of the forum, state or federal,
having jurisdiction. The...... _...:5 of the arbitration shall be t .._w equally by the parties to the
a.FI.....".:em, provided that each party shall pay for and bear the costs of their own experts,
evidence and counsel's fees, except that in the discretion of the arbitrator, any award may include
. the costs of a party's counsel if the arbitrator expressly determines that the party against whom
such award is .....~......J has caused the dispute, controversy or claim to be submitted to arbitration
as a dilatory tactic.
19. AUTHORITY. Signatures below '''1'' .....:nt and warrant that they are duly empow-
ered to execute this Act..~".ent.
20. ~ COMPUANCE. No failure by the parties herein to insist upon the strict
perf,...,,"..oce of any covenant, ll.!,., ..~... -,:., term or condition of this Ao.~""'''''~ or to exercise any
right or . ......;} c . ".lI_.,JeDl upon a l.. .......b 11...,._,1, shall constitute a waiver of any such breach or
any such covenant, ..... n, _",,0, term or condition. No waiver of any t. .....~h shall affect or alter
this Ao. --..". ~,,,., but each and .w '''.} covenant, ae... __... .",., term and condition of this Ab.........ent
shall contimJe to full force and effect with. ....,. ..... to any other than existing or subsequent breach
tI..........Io.II.
21. COl~,~ARTS. This Ao.........ent may be executed in several counterparts,
each of which shall be an original, but all of which shall constitute but one and the same
instrument.
5'76
22. HEADINGS. The headings to this Ac,_.......ent are for convenience of ref........~
only and in no way define, limit or describe the scope or intent of this A,.. .._....''',:. of any part
t ... .. .,f, nor in any way affect this Ao, .. ~,.", ~".. or any part hereof.
IN WITNESS WHEREOF, the parties hereto bave...........ated this a6.'............. on the day
and year first above \\.:...,.....
FIRSTHEALTH OF THE CAROliNAS, INC.
By:
Tide: .
HAR}lje11 COUNTY
By:
Cha",., ,"., ,.. of the Board of Commissioners
[SEAL]
Clerk, Board ofCommissi.~_ol. ofHamett County
31312-186976
WINLIBOl:729180.06
Attachment 1
FirstHealth/Hamett Medical T..-..w.,ort Services will be provided through the following
vehicles/staffing:
. Two (2) 24-hour paramedic ambulances (as ..........sitated based on volume of calls)
. Two (2) additional 8-hour ALS ambulances during weekdays
. Additional fluctuating statfmg based on scheduled calIs
.
31312-186976
WINUB01:729180.06
Attachment 9.
HARNETT COUNTY DEPARTMENT
OF
MEMlEI NORTH CAROUNA MEMIER AMERICAN WATtR
RUIlAt. WATtI ASSOCIA11ON WOIICS ASSOCIA11Of:I
. / _S CREEK. COATS WATER A SEWeR OISTRtCT NORTHEAST METROPOlITAN WATER DISTRICT NORTIlWEST WATER" SEWeR 0fST1lfC1 \
SOUTH C'.ENTRAI. WATER" SlWEIllllSlRICT EAST CENTRAL WATER" SEWER OlSTRICT SOUTHWEST WATER' SEWER OlSTIlfCT
wesT CENTRAL WAIEIl. SEWER .....,~.~, ~it\~ SOUTHEAST WATER. sewER ""10)1""......
To: George Rose, Lillington Town Manager
From: Rodney M, Tart, Director of Public Utilities
Date: June to, 1999 .
Memo of Understanding to provide the operator in responsible charge
Re:
(ORC) and the back-up ORC for the Town of Lillington Wastewater
Treatment Plant
This agreement is being entered upon this day July I, 1999 between the County of Harnett
and the Town of Lillington, The agreement is being proposed due to the need of the Town
to fill the responsibilities of a certified North Carolina Grade In Wastewater Treatment
Plant Operator.
THE COUNTY WILL PROVIDE UNDER THIS AGREEMENT:
t. Technical assistance in all areas of plant operation.
2, Operational management personnel daily; Monday-Friday, or as needed during
nights and weekends and work schedule as required,
-~~ ~-,.~-_.,.~._-;".--,~~ "~-~"""-'-' -
577
3. Maintenane:e on plant mee:hanie:al equipment that cannot be repaire~ by T~wn,
penonnel. All associated e:ost including labor and equipment for this repair will be
the responsibility of the town,
4. The County will assume responsibility for all monitoring paperwork requirements-
of the Town NPDES permit.
. 5, The County will maintain files on:
a. Maintenane:e (Preventative and Emergency Repair)
b, Daily Lab Results
e:. Daily Log
d. NPDES Reports
e. Contracted Laboratory Services
6. Report to Town Manager as needed.
mE TOWN OF Lll..LINGTON WILL:
1, Provide and maintain the maintenane:e by penonnel for the upkeep of exterior area
lurrounding the Wastewater Treatment Plant facility,
1, Ine:ur aU materials e:ost for plant maintenance repair,
3, Ine:ur e:ost for all e:ontracted laboratories services and associated postage
handling/permit fees.
4. Assume liability of plant operations 81 currently provided for under existing
NPDES permit.
!, Retain all e:ommitments of their 1999-1000 sewer budget,
.
6, Provide for additional labor and equipment resoure:es to Supplement County
penonnel in the eveDt of an extreme emergeDcy,
7, Provide authority for current operator to work and report to the County
Wastewater Manager.
8. Provide the County the COUDty W utewater Manager with the authority to
purchase materials for plant repair with permission of the TowD Manager.
9, Will e:ompensate the County with a fee of $1833,33 per month for the services listed
iD this agreemeDt.
10, The Town will notify the State of North Carolina of the e:hange iD "Operator in
Responsible Charge" from the previous operator to James Michael, Grade m
Certificate No, %232! operator in responsible charge and Gary Averitte, Grade m
Certificate No. 6990 back-up operator in charge,
This memo of undentanding is for a period up to and not to e1Ceed June 30, 1oo(t Should
the Town desire to canc:el this a.reement they may do so upon a thirty day written notice.
Sh;tld the Town w' extend the County arrangement beyond this day, then a new
ag ment would be ego' ted prior to the expiration of the agreement. This agreement is
. "'I!:.~ ~ .. approved the ..me.
~7TTO Mau~r-
~r
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Neill Emo", ~mett County Manager