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12151986160 HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, DECEMBER 15, 1986 CALL TO ORDER PRAYER REGULAR MEETING ADJOURNED WEST CENTRAL WATER & SEWER DISTRICT MEETING CALLED TO ORDER REPORT ON BOND ORDER BY CLERK TO THE BOARD PUBLIC HEARING REFERENCE BOND ORDER FOR WATER BONDS OF WEST CENTRAL WATER & SEWER DISTRICT OF HARNETT COUNTY PUBLIC COMMENTS DONALD O'QUINN JAMES BRANTLEY RODNEY TART PUBLIC HEARING CLOSED AUTHORIZATION FOR CLERK TO ADVERTISE BOND ORDER The Harnett County Board of Commissioners met inregular session on Monday, December 15, 1986, in the Commissioners_ Room, county Office Building, Lillington, North Carolina, with the following members present: Bill Shaw, Rudy Collins, Mack Reid Hudson, Mayo Smith, and Chairman Stewart presiding. Dallas Pope, County..Manager; Vanessa W. Young, Clerk to the Board; Glen Johnson, County Attorney; and Hollie J. Wade, Recording Secretary, were also present. Chairman Stewart called the meeting td order at 7:00 p.m. Commissioner Mayo Smith led the the evening prayer. Chairman Stewart adjourned the regular meeting of the Harnett County Board of Commissioners and pursuant to the various notices received by him and the Harnett County Board of Commissioners as provided by law, called to order the.meeting of theHarnett. County Board of Commissioners sitting as the governing body of the West Central Water and Sewer District of Harnett County. Vanessa W. Young, Clerk of the Board of Commissioners and of the District reported to the Board of Commissioners of the County of Harnett, sitting as the governing body of West Central Water and Sewer District of Harnett County, that the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $2,600,000 'WATER BONDS OF WEST CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY ", which had been introduced on December 1, 1986, had been published in a qualified newspaper on December 8, 1986, with notice that the Board, sitting] as .the governing body of the District, would hold a public hearing thereon. on December 15, 1986. The Clerk also reported that the District's Finance Officer had filed in her office a statement of debt complying -with the provisions of The Local Government Bond Act and such statement as filed showed the net indebtedness of the District to be,0%- o£,._the appraised valuation of property in said District subject to taxation. Commissioner Hudson moved that the Board, sitting,, as. the governing body of the District, proceed to hold public hearing on the water bond order. The motion was seconded by Commissioner Collins and was unanimously adopted. At 7:27 p.m., Chairman Stewart of the governing body of the District announced that the Board, sitting as the governing body of the District, would hear anyone who wished to be heard on the question of the validity of the water bond order and the advisability of issuing the bonds. At the direction of the Chairman of the governing body of the District, the Clerk read said water bond order and the published notice of hearing. Chairman Stewart asked that any person who wished to speak concerning the West Central District to feel free to do so at this time: The following persons addressed the Board: i Donald O'Quinn, Rt. 4, Lillington, addresed the Board and expressed his support of the West Central Project. James Brantley, Capital Hills Subdivision, appeared before the Commissioners and requested the boundaries of the West Central District be extended to include Capital Hills Subdivision. Rodney Tart, Director of Public Utilities, addressed the Board and stated that the West Central Water and Sewer Project is in keeping with the 1982 Comprehensive Water and Sewer Facilities Study for Harnett County. After the Board, sitting as the governing body of the District, had heard all persons who requested to be heard, Commissioner Collins moved that the Public Hearing be closed. The motion was seconded by Commissioner Shaw and was unanimously adopted. Commissioner Shaw moved that the Board of Commissioners, sitting as the governing body of the District, adopt without change or amendment and direct the Clerk of the Board of Commissioners and of the District to publish as prescribed by The Local Government Bond Act the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $2,600,000 WATER BONDS OF WEST CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY ", introduced at the meeting of the Board of Commissioners, sitting as the governing body of the District, held on December 1, 1986. The motion was seconded by Commissioner Collins and was adopted by the following vote: Ayes: 5 Nays: 0 161 RESOLUTION REFERENCE ELECTION ON BOND ORDER FOR WEST CENTRAL Commissioner Mack Reid Hudson moved the adoption of the following resolution which was read at length to the Board: WHEREAS, the Board of Commissioners of the County of Harnett, sitting as the governing body of West Central Water and Sewer District of Harnett County, has adopted the bond order hereinafter described authorizing the issuance of $2,6000,000 Water Bonds and such bond order and the indebtedness to be incurred by the issuance of such bonds should be submitted to the voters of West Central Water and Sewer District of Harnett County for their approval or disapproval in order to comply with the Constitution and laws of North Carolina; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett, sitting as the governing body of West Central Water and Sewer District of Harnett County as follows: (1) The questions whether the qualified voters of West Central Water and Sewer District of Harnett County shall approve or disapprove (a) the indebtedness to be incurred by the issuance of the bonds of the District authorized by said bond order, which indebtedness shall be secured by a pledge of the District's faith and credit, (b) the levy of a tax for the payment thereof, and (c) said bond order shall be submitted to the qualified voters of said District at an election to be held in said District on February 17, 1987. (2) The Clerk of the Board of Commissioners and of the District is hereby authorized and directed to publish a notice of said election which shall be in substantially the following form: WEST CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY, NORTH CAROLINA NOTICE OF SPECIAL BOND ELECTION NOTICE IS HEREBY GIVEN that a special bond election will be held in West Central Water and Sewer District of Harnett County, North Carolina, on February 17, 1987, for the purpose of submitting to the qualified voters of said District the questions whether they shall approve or disapprove (1) the indebtedness to be incurred by the issuance of bonds of said District of the maximum principal amount of $2,600,000, which indebtedness shall be secured by a pledge of the District's faith and credit, and (2) the levy of a tax for the payment of such bonds, and (3) the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $2,600,000 WATER BONDS OF WEST CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY ", adopted by the Board of Commissioners of the County of Harnett, sitting as the governing body of said District, to authorize the issuance of said bonds and the levy of said tax. The $2,600,000 Water Bonds are authorized to pay capital costs of providing a water system within and without the District, including the acquisition and construction of water mains, distribution lines, storage facilities and a pumping station and meters and including the acquisition and installation of necessary machinery and equipment and the acquisition of land or rights -in -land required therefor. The ballots to be used at said election shall contain the words, "SHALL the order authorizing $2,600,000 of bonds secured by a pledge of the faith and credit of West Central Water and Sewer District of Harnett County to pay capital costs of providing a water system within and without the District, including the acquisition and construction of water mains, distribution lines, storage facilities and a pumping station and meters and including the acquisition and installation of necessary machinery and equipment and the acquisition of land or rights -in -land required therefor, and a tax to be levied for the payment thereof, be approved ? ", with squares labelled "YES" and "NO" beneath or beside such words in which squares the voter may record his choice. In the event a majority of the qualified voters voting at said election vote to approve the order, the incurring of indebtedness and the levy of a tax related thereto, said bonds shall be issued and taxes shall be levied for the payment of such bonds. The polls for the election will open at the hour of 6:30 o'clock, a.m. and will close at the hour of 7:30 o'clock, p.m. The election will be held in the following precincts and polling places: Precinct Polling Place Upper Little River No. 1 Upper Little River No. 2 O'Quinn's Store Old 421 Main St. Mamers D & T Shopette 421 West Route 1 Broadway 162 ACTION BY BOARD ON RESOLUTION MEETING OF WEST CENTRAL WATER & SEWER DISTRICT ADJOURNED MINUTES OF DECEMBER 1, 1986, APPROVED PUBLIC HEARING RIVERSIDE PROJECT STATEMENT BY ENGINEERING FIRM ON AMENDMENT 'TO COMMUNITY DEVELOPMENT BLOCK GRANT HEARING OPEN FOR PUBLIC COMMENTS NO WRITTEN COMMENTS RECEIVED PUBLIC HEARING CLOSED AMENDMENT TO RIVERSIDE PROJECT APPROVED NORTHWEST WATER AND SEWER DISTRICT -- FEASIBILITY STUDY PRESENTED The registration records for said election will be kept open at the office of the Harnett County Board of Elections, on East Front Street, in Lillington, from 8:00 o'clock a.m. until 5:00 o'clock p.m., each weekday, through January 19, 1987. Additionally, the Registrars and Judges of Election may register voters by appointment, through January 19, 1987. The Registrars and Judges may be reached through the Board of Elections at the address set forth above. The last day of registration for the special election shall be January 19, 1987. By order of the Board of Commissioners of the County of Harnett, sitting as the governing body of West Central Water and Sewer District. Vanessa W. Young Clerk, Board of Commissioners of Harnett County and Clerk, West Central Water and Sewer District of Harnett County, North Carolina Said notice of special election shall be published at least twice. The first publication shll be not less than 14 days and the second publication not less than 7 days before the last day on which voters may register for the special election. (3) The Harnett County Board of Elections is hereby requested to print and distribute the necessary ballots and to provide the equipment for the holding of said election and to conduct and to supervise said election. (4) The Clerk of the Board of Commissioners and of the District shall mail or deliver a certified copy of this resolution to the Harnett County Board of Elections within three days after the resolution is adopted. Commissioner Rudy Collins seconded the motion and the motion was adopted by the following vote: AYES: 5 NAYS: 0 Chairman Stewart adjourned the meeting of the Harnett County Board of Commissioners sitting as the governing body of the West Central Water and Sewer District of Harnett County and reconvened the regular meeting of the Harnett County Board of Commissioners Commissioner Rudy Collins made a motion that the minutes from the Harnett County Board of Commissioners meeting of December 1, 1986, be approved; Commissioner Bill Shaw seconded the motion and it carried with a unanimous vote. Chairman Stewart, at 7:35 p.m., called to order the public hearing concerning the Riverside Project and recognized C. T. Clayton engineer on the project for comments. C. T. Clayton stated that Harnett County has received a $465,400 Small Cities Community Development Block Grant to-construct a water system to serve the Riverside Community. The approved project calls for the placement of a meter vault on the southwest side of the bridge crossing the Cape Fear River on N. C. Highway 217. Harnett County proposes to extend its C -1 boundary to the northeast side of this crossing. This target area extension is being requested to permit the location of the meter vault on the northeast side of the bridge crossing. This will not result in change of project benefits. Mr. Clayton explained that the purpose of this public hearing was to received citizen comments on the proposed project amendment. Chairman Stewart announced that the Board at this time would hear anyone who wished to be heard concerning the amendment to the Riverside Project. Dallas H. Pope, County Manager, informed the Board that the County had not received any written comments relating to the proposed project amendment. After no other persons appeared before the Board to comment on the amendment to the Riverside Project, Chairman Stewart closed the public hearing at 7:45 p.m. Commissioner Mayo Smith made a motion that the County Manager and the Engineer are authorized to proceed with the amendment to the Riverside Community Develoment Block Grant Project; Commissioner M. R. Hudson seconded the motion and it passed with a unanimous vote. Joe Hardee, Engineer with Black and Veatch, Inc., presented to the Board the feasibility study on the Northwest Water and Sewer District. Following a discussion of this study, the Board requested that the County proceed with the necessary steps to call for a public hearing reference the creation of the Northwest Water and Sewer District. 163 RESOLUTION STATE FUNDING REGION "M" RESOLUTION APPROVED SOUTHERN CABLEVISION PROGRESS REPORT RIVERSIDE COMMUNITY DEVELOPMENT PROJECT CONTRACT WITH TOWN OF ERWIN Dallas H. Pope, County Manager, presented to the Board for consideration the following resolution relating to State funding for Region "M" Council of Governments: WHEREAS, in North Carolina the Lead Regional Organizations, as voluntary organizations serving municipal and county governments, have established productive working relationships with the cities and counties across this state; and WHEREAS, many counties and cities need assistance in pursuing economic and community development opportunities, but federal assistance in the form of intergovernmental revenues has been severely curtailed in recent years; and WHEREAS, the 1986 Short Session of the 1985 General Assembly recognized this need through the appropriation of $990,000 to help the Lead Regional Organizations assist local governments with grant applications, economic development, community development, support of local industrial development and other activities as deemed appropriate by their lcoal governments; and WHEREAS, these funds are not intended to be used for payment of member dues or assessments to a Lead Regional Organization or to supplant funds appropriated by the member governments; and WHEREAS, in the event that a request is not made by the County of Harnett for release of these funds to our Regional Council, the available funds will revert to the state's General Funds; and WHEREAS, in Region "M" funds in the amount of $55,000 will be used for staffing capabilities to promote and prepare local strategic plans for future development, to prepare community development block grant applications for economic development and revitalization and Farmers Home Administration applications for community development projects, to cooperate with the Small Business and Technology Development Center in examining the feasibility of locating a small business incubator facility within Region "M" to improve the Region "M" Council of Governments economic and forecasting capabilities, to prepare community marketing packages, and to undertake other similar activities deemed appropriate by member governments of the Region "M" Council of Governments. NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners requests the release of its approximate $9,653 share of these funds to be the Region "M" Council of Governments at the earliest possible time in accordance with the provisions of Chapter 1014 of the 1986 Session Laws (HB2055). Adopted this the 15th Day of December, 1986. Commissioner Smith made a motion that the foregoing resolution be approved; Commissioner Hudson seconded the motion and it carried with a unanimous vote. Terry Brown, General Manager with Southern Cablevision, presented to the Board a progress report on construction in the County. Dallas H. Pope, County Manager, presented to the Board for their consideration a contract with the Town of Erwin concerning the construction of water lines to the Riverside Community. Following a discussion, Commissioner Mayo Smith made a motion that the following contract between the Town of Erwin and Harnett County be approved; Commissioner Mack Reid Hudson seconded the motion and it passed with a unanimous vote: This Contract, made this day of December, 1986, by and between the COUNTY OF HARNETT, a body politic organized and existing under the laws of the State of North Carolina (hereinafter referred to as "County ") and the TOWN OF ERWIN, a municipal corporation organized and existing under the laws of the State of North Carolina (hereinafter referred to as "Town ") WITNESSETH: THAT WHEREAS, County is constructing water lines within a project area in the Riverside Community of Harnett County under the Harnett County Community Development Program as set forth in the Community Development BLock Grant Application, dated April, 1985, and specifically as outlined on a map entitled "Harnett County Riverside Community Proposed Water Distribution System" dated February, 1985, said map being part of the application for said project, and all amendments to said map; and WHEREAS, County and Town have heretofore entered into an agreement entitled "Maintenance and Operation Agreement" dated February 4, 1982, (hereinafter 1982 Agreement), which concerns the construction, operation and maintenance of certain waterline extensions south of Town and serving an area outside the corporate limits of Town along N.C. Highway 217 to the Cape Fear River; and 164 WHEREAS, said 1982 Agreement provides that "County reserves the right to transport water thro(igh the system in described area (that is, the area south of Town mentioned above) at no cost markup by the Town to other areas which may later require water service beyond the described area," and also provides that "it is further . agreed that water may be transported through the water system within the currently incorporated area of Town at no markup in cost "; and WHEREAS, said 1982 Agreement further provides that "in the event Harnett County elects to interconnect the Northeast Metropolitan Water District of Harnett County Water System, or other water systems owned, maintained, or operated by the County with the Erwin Water System for the purpose of providing water service, from the City of Dunn Facilities, beyond the Erwin planning area, a meter shall be installed at the connection and the rate for and quantity of water supplied to the County by the City of Dunn shall be determined by the City of Dunn and County of Harnett and payment therefor shall be paid directly to the City of Dunn "; and WHEREAS, the Riverside Community is outside the Erwin planning area; and WHEREAS, County desires to exercise its rights under the 1982 Agreement as described above, and obtain water from the City of Dunn to be transported through the water distribution pipelines of Town for the purpose of serving water to County customers in the Riverside Community as described above; and WHEREAS, Town desires to enter into this Agreement as herein provided. NOW, THEREFORE, in consideration of,the foregoing and the mutual agreement hereinafter set forth, County and Town agree as follows: 1. Water Transmission. Town agrees to permit, at no cost to the County, the County to cause water to pass through the water system of the Town currently within the corporate limits of Town and the area served along N.C. Highway 217 to the Cape Fear River described in the said 1982 Agreement in such amounts as is necessary to serve potable water to the Riverside community as described above. 2. Water Source. County agrees to contract with the City of Dunn as to the quantity of water to be supplied to County for said Riverside Community and the rate to be charged for said water. Town acknowledges that payment for said water shall be made directly to the City of Dunn. 3. Metering Equipment. County agrees to furnish and install at its own expense, at the point where the water transmission lines to the Riverside Community connect with the existing system owned by the Town (said point to be located on the east side of the Cape Fear River), the necessary metering equipment to determine the amount of water being transmitted to the Riverside Community. Said metering equipment shall include a meter house or pit; and the required devices of standard type for properly measuring quantities of water transmitted. Upon completion of the Riverside water distribution facilities, said meter vault shall be maintained by the City of Dunn. County shall have access to said meter vault at all times. 4. Future Water Transmission. It is mutually agreed that County continues to reserve the right to transport water through the system along N.C.Highway 217 to the Cape Fear River as described in the 1982 Agreement and through the water system within the currently incorporated area of Town to other areas which may later require water service at no markup in cost to County. In the event Harnett County elects to inter - connect the Northeast Metropolitan Water District of Harnett County Water System, or other water systems owned, maintained, or operated by the County with the Erwin Water System for the purpose of providing water service, from the City of Dunn Facilities, beyond the Erwin planning area, a meter shall be installed at the connection and the rate for and quantity of water supplied to the County by the City of Dunn shall be determined by the City of Dunn and County of Harnett and payment therefore shall be paid directly to the City of Dunn. 5. Future Disconnection. County reserves the right to detach the water transmission line(s) serving the Riverside Community from the Erwin water system inthe event other water sources are available to County to provide water service to the Riverside Community or other areas served by County. 6. Water for Testing and other Purposes. Town will furnish all water for testing and other purposes to the contractor constructing the Riverside system during the construction period at the current water rate schedule of Town. County shall pay Town for said water. 155 SUBDIVISION PLAT WEST HARNETT SANDS EMERGENCY GENERATOR REPORT ON BIDS IN- DIRECT COST PLAN CONTRACT WITH DAVID M. GRIFFITH & ASSOCIATES 7. Failure to Deliver. The County and the Town will, at all times, operate and maintain their individual water systems in an efficient manner and will take such actions as may be necessary to furnish the Riverside Community with the quantities of water required by the customers therein. Temporary or partial failures to deliver water shall be remedied with all possible dispatch. In the event of an extended shortage of water, or the supply of water available to the County is otherwise diminished over an extended period of time, the supply of water to the Riverside Community shall be reduced or diminished in the same ratio or proportion as the supply to the Town. 8. Regulatory Agencies. This contract is subject to such rules, regulations or laws as may be applicable to similar agreements in this state and the County and Town will collaborate in obtaining such permits, certificates, or the like as may be required to comply therewith. 9. Successors to the County or Town. In the event of any occurrence rendering the County or the Town incapable of performing under this contract, any successor of the County or Town, whether the result of legal process, assignment, or otherwise, shall succeed to the rights of the County and Town hereunder. The covenants and agreements contained in this Agreement are binding on the parties hereto and their successors, assigns, and legal representatives. 10. Authority. County and Town represent and warrant, each to the other, the existence of all capacity, authority, resolutions and actions necessary to execute this Agreement. 11. Duplicate Contracts. This Agreement is executed in duplicate originals, one of which is retained by each party hereto. IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective governing bodies, have caused this contract to be duly executed on the date and year written below. Executed by County this 15th Day of December, 1986. Executed by the Town this Day of , 1986. Bill Strickland representing the Planning Office presented for the Board's consideration a subdivision plat for West Harnett Sands in Johnsonville Township. Commissioner Shaw moved the subdivision plat for West Harnett Sands be approved; Commissioner Smith seconded the motion and it carried with a unanimous vote. Dallas Pope, County Manager, reported to the Board that as directed by the Commissioners, he and Ragsdale Engineering had evaluated the bids for the stand -by emergency generator and it is their recommendation for the bid to be awarded to the low bidder - -D. L. Johnson Electric Company. After a general discussion, Commissioner Hudson made a motion that the contract on the stand -by emergency generator be awarded to D. L. Johnson Electric Company, Commissioner Shaw seconded the motion and it carried with a unanimous vote. Tim McKinney, Manager with David M. Griffith and Associates, appeared before the Board to clarify the intent of the proposed agreement with the County concerning the fee for services relative to the County's in- direct cost program. Following Mr. McKinney's comments, the Board recognized Glenn Johnson, the County Attorney, for his legal opinion of the contract. Mr. Johnson stated that the proposed contract as it is presently written is not clear in regards to the compensation to Consultants and recommended that Section 5 Method of Payment of the Contract be revised. Following a general discussion, Commissioner Hudson made a motion that the agreement between the County and David M. Griffith and Associates, Ltd., be approved as follows; Commissioner Smith seconded the motion and it carried with a unanimous vote: AGREEMENT TO PROVIDE PROFESSIONAL ACCOUNTING SERVICES TO HARNETT COUNTY, NORTH CAROLINA. THIS AGREEMENT, entered into this 15th Day of December, 1986, and effective immediately by and between David M. Griffith and Associates, Ltd. (hereinafter called the "Consultant ") and the County of Harnett, State of North Carolina (hereinafter called the "County "), WITNESSETH THAT: 166 WHEREAS, the County has programs which it operates with Federal funding, and WHEREAS, the County supports these programs with support services paid from County appropriated funds, and WHEREAS, the Federal government and the State will pay a fair share of these costs if supported by an approved cost allocation plan, and WHEREAS, the Consultant is staffed with personnel knowledgeable and experienced in the requirements of developing and negotiating such governmental cost allocation plans, and WHEREAS, the County desires to engage the Consultant to assist in developing a plan which conforms to Federal requirements and will be approved by their representatives NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Employment of Consultant. The County agrees to engage the Consultant and the Consultant hereby agrees to perform the following services. 2. Scope of Services. The Consultant shall do, perform and carry out in a good and professional manner the following services: A. Development of a central services cost . allocation plan which identifies the various costs incurred by the County to support and administer Federal programs. This plan will contain a determination of the allowable costs of providing each supporting service such as purchasing, legal counsel, disbursement processing etc. B. Complete roll - forward adjustments where appropriate which reconcile the amounts fixed (Charged) for F.Y. 86 (usually from the FY 84 plan) as compared to the actual amounts shown in the current (FY 86) plan. C. Prepare appropriate Indirect Cost Rate Proposals - Short Form Method for those departments or divisions that have major federal grants. D. Present, negotiate and secure approval of the plan and rate proposals with appropriate agencies. 3. Time of Performance. The services to be performed hereunder by the Consultant shall be undertaken and completed in such sequence as to assure their expenditious completion and best carry out the purposes of the agreement. The cost allocation plan will be available by March 1, 1987, for your review and our negotiation with Federal and State representatives 4. Compensaton. The County agrees to pay the Consultant a sum not to exceed four thousand, five hundred dollars ($4,500) for all services required herein, which shall include reimbursement for expenses incurred. Consultant agrees to complete the project and all services provided herein for said sum. 5. Method. of Payment. The Consultant shall be entitled to payment in accordance with the provisions of this paragraph. First, the Consultant will not be paid any compensation for services unless a cost allocation plan has been prepared and is acceptable as a basis for filing claims, and the additional sum of Nine Thousand Dollars ($9,000) has been recovered by the County as the result of the services of Consultant as herein provided. Second, consultant's fees are to be paid from such additional recoveries paid by federal programs to the County as well as recoveries from enterprise funds, above and beyond what is currently recovered. At such time as County has recovered the additional sum of Nine Thousand Dollars ($9,000) as herein set forth, Consultant shall be entitled to be paid its fees in the amount of Forty -five Hundred Dollars ($4,500). All funds in excess of such Nine Thousand Dollar ($9,000) amount recovered by the County shall be paid to the County without further charges being made by Consultant. Payment of fee due to Consultant will be made within four (4) weeks of receipt by the County of the Nine Thousand Dollars ($9,000) amount above referenced. 6. Changes. The County may, from time to time, require changes in the scope of the services of the Consultant to be performed hereunder. Such changes, which are mutually agreed upon by and between the County and the Consultant, shall be incorporated in written amendment to this agreement. 187 1 TELECOMMUNICATIONS CONTRACT WITH N. C. STATE UNIVERSITY CENTER FOR URBAN AFFAIRS & COMMUNITY SERVICE WEATHERIZATION PROGRAM CONTRACT WITH CAROLINA INSULATING APPROVED 7. Services and Materials to be Furnished by the County.The County shall locally furnish the Consultant with all available necessary information, data, and material pertinent to the execution of this agreement. The County shall cooperate with the Consultant in carrying out the work herein and shall provide adequate staff for liaison with the Consultant and other agencies of County government. 8. Termination of Agreement for Cause. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner his obligations under this agreement, the County shall thereupon have the right to terminate this agreement by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. 9. Information and Reports. The Consultant shall, at such time and in such form as the County may require, furnish such periodic reports concerning the status of the project, such statements, certificates, approval and copies of proposed and executed plans and claims and other information relative to the project as may be requested by the County. 10. Consultant Liability If Audited. The Consultant will undertake to respond to Federal negotiators' requests for information and documentation of costs contained in the cost allocation plan and indirect cost negotiation agreements. However, Consultant will be paid from Federal grant funds for Consultant's efforts on behalf of the County at standard billing rates and reimbursable expenses in effect at that time. 11. Notices. Any notices, bills, invoices, or reports required by this agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the addresses noted below: County of Harnett P. 0. Box 759 Lillington, NC David M. Griffith & Associates 1100 Logger Court, Suite D100 27546 Raleigh, NC 27609 IN WITNESS WHEREOF, the County and the Consultant have executed this agreement as of the date first written above. County of Harnett BY: s /Lloyd G. Stewart Chairman, Board of Commissioners David M. Griffith & Associates BY: s /David R. Mazo Vice President Dallas H. Pope, County Manager, appeared before the Commissioners and presented to the Board a proposed contract with N. C. State Univeristy, Center for Urban Affairs and Community Service, for a telephone system acquisition research and demonstration project for the County to be performed through their TACIT program. Mr. Pope explained the purpose of this study would be to analyze the telecommunication needs of Harnett County and to acquire a system to meet the County's needs. The fee upon completion of this project would be $6,495. A full discussion followed the presentation of the proposed contract during which Jack Bryan, Director of Social Services, also addressed the need for a study for a telecommunication system for the County. Commissioner Smith made a motion that the agreement with N. C. State University, Center for Urban Affairs and Community Services, for the telephone system acquisition research and demonstration study through the TACIT Program, for the fee of $6,495 be approved; Commissioner Shaw seconded the motion and it passed with a unanimous vote. The Board also directed the County Manager to obtain a proposal also from Carolina Telephone and Telegraph to conduct a study on the telecommunication needs of the County. Commissioner Shaw made Carolina Insulating as approved; Commissioner unanimous vote: NORTH CAROLINA, HARNETT COUNTY. a motion that the following contract with presented by Dallas H. Pope, County Manager, be Hudson seconded the motion and it carried with a This Contract is made and entered into this day of , 1986 between the County of Harnett, a body politic organized and existing under the laws of the State of North Carolina (hereinafter "County ") and Carolina Insulating, a corporation organized and existing under the laws of the State of North Carolina with its principal office located at Dunn, North Carolina (hereinafter "Carolina Insulating "). W I T N E S SET H: THAT, WHEREAS, County has duly advertised to receive bids on the work hereinafter described; and 168 WHEREAS, County has determined that Carolina Insulating is the lowest responsible bidder and should be awarded this contract; and WHEREAS, County through its Housing and Urban Development Program, desires to contract with Carolina Insulating for the purpose of insulating floors and attics in the homes of low- income persons through the Housing and Urban Development Program, Weatherization Assistance Program, utilizing funding authorized by the Federal Energy Conservation Policy and administered by the N. C. Department of Commerce, Energy Division; and WHEREAS, Carolina Insulating desires to contract with County to provide said insulation, and WHEREAS, the parties desire to set forth the terms of this contract as hereinafter provided. - NOW, THEREFORE, for and in consideration of the mutual promises and representation herein made, County and Carolina Insulating contract as follows: I. Carolina Insulating shall: 1. Furnish all labor, materials, and equipment needed for the complete installation of attic and /or floor insulation into houses being weatherized by County through its Weatherization Assistance Program; 2. Use a loose or batt mineral fiber material in the attics to be insulated, said material to be of not less than R -30 rating, unless otherwise specified by County, and meeting Federal standards HH- I- 1030A, as provided in Exhibit A attached hereto and incorporated herein by reference, which said Exhibit is entitled "Materials and Ventilation Standards ". 3. Use a faced or unfaced mineral fiber material for the underneath floor insulation on the floors to be insulated (depending on moisture beneath the house), said material to be of not less than R -11 rating and meeting Federal Standards HH- 1521 - F, as provided in Exhibit A attached hereto and incorporated herein by reference, which said Exhibit is entitled "Materials and Ventilation Standards ". 4. Inspect the house(s) to be insulated along with a representative of the County both before and after the installation. 5. Purchase and maintain public liability insurance and worker's compensation insurance which shall protect and save harmless the County and. the County's representatives from any claims, demands, actions, and causes of action arising from any act or the commission of any act by Carolina Insulating, its agents and employees in the performance of this Contract. Such public liability insurance shall be made in an amount satisfactory to the County, but shall include not less than $500,000 coverage against all damages to or claims by persons for bodily injury and not less than $500,000 coverage against all damages to property. Carolina Insulating shall also have vehicle liability insurance with limits at least or just as those required by North Carolina law Carolina Insulating shall provide County with a Certificate of Insurance indicating that Carolina Insulating has purchased the above described insurance. The Certificate shall indicate that if any of the policies described thereon should be cancelled before the expiration date thereof, the issuing company will mail thrity (30) days written notice thereof to County. 6. Purchase and maintain a Performance Surety Bond in the name of "Harnett County HUD" to secure the cost of any damage caused to a home while performing the contracted work or to secure the costs of any penalty assessed for non - performance of contracted work. The amount of said Bond shall be negotiated by County and Carolina Isulating. The bond shall be furnished by a corporate surety authorized to do such business in North Carolina. The bond must secure the faithful performance of this Contract in accordance with the specifications set forth. It shall indemnify and save harmless the County from all costs and damages by reason of the Carolina Insulating's default or failure to faithfully perform the Contract. Carolina Insulating shall also furnish a Labor and Material Payment Bond to secure payment to all persons who have furnished labor or materials for use in the performance of the work under this Contract and these specifications shall have direct right of action under the bond, subject to the County's priority. 169 1 1 1 FOOD LION DISTIBUTION CENTER -- DEVELOPMENT AGREEMENT 7. Indemnify and hold harmless the County and its employees from and against all claims, damages, losses and expenses, including attorney fees, arising out of or resulting from the performance of the work. II. County shall: 1. Determine the house(s) to be insulated and provide the name of the owner of and the address of said house(s) not less than ten (10) days prior to the deadline of house completion. 2. Pay, as provided above, the average of twenty -two cents ($0.22) per square foot for each square foot of ceiling or attic that is insulated by Carolina Insulating and the average of twenty -two ($0.22) per square foot for each square foot of the underneath floor that is insulated by Carolina Insulating. The average price above stated is so stated because cost may vary due to the relative condition of the various work sites. 3. Pay or cause to be paid to Carolina Insulating, upon receipt of an itemized invoice for work of said invoice, not exceeding the amount set forth in Paragraph Two above, not later than the twenty -fifth day of the month following the submission of said invoice, provided that County has received the monies therefore from its funding source. 4. Notify Carolina Insulating if any delay of payment may be necessary because of nonreceipt of monies from the funding source. III. It is further mutually agreed between County and Carolina Insulating that either County or Carolina Insulating may terminate this contract by submitting a thirty (30) day written Notice of Cancellation after completion of the last assigned house. IV. This contract is executed in duplicate originals, one of which is retained by each of the parties. Executed by the County, this 15th day of December, 1986. Commissioner Smith moved for the approval of the following development agreement between Food Lion and Harnett County as presented by Dallas Pope, County Manager; Commissioner Hudson seconded the motion and it carried with a unanimous vote: LEGALLY BINDING COMMITMENT COUNTY OF HARNETT DEVELOPMENT AGREEMENT This agreement is entered into by and between Food Lion, Inc., a corporation authorized to transact business within the State of North Carolina, hereinafter referred to as Corporation, and the County of Harnett, a municipal corporationlocated in Harnett County, North Carolina, referred to as the County. This agreement will not become effective until all conditions placed upon the County's funding approval are satisfied and funds are released by the Department of Natural Resources and Community Development (NRCD). WHEREAS, the County has received a Community Development Block Grant from the Department of Natural Resources and Community Development in the amount of $750,000.00 to be used particularly to benefit low -and moderate - income persons by financing the economic development of the County; NOW, THEREFORE, in consideration of these premises and the mutual covenants and promises set forth below, the parties to this agreement hereby agree as follows: ARTICLE ONE 1. Corporation shall execute its responsibilities as identified in the County's CDBG application to NRCD (Exhibit A) and shall carry out each activity within the time set forth in said application and attachments. 170 2. Corporation further agrees to hire employees into at least 189 permanent full -time or permanent full -time equivalent positions, as stated in the grant application. The Corporation shall fill at least 74 percent of these new positions with low -and moderate - income persons. Further, any additional project - related positions shall be filled by low -and moderate- income persons in at least the same proportion as presented above. With prior approval of NRCD, this commitment may be partially waived by the County if the failure to meet the commitment is determined to be due to events beyond the control of the Corporation including an unfavorable, unforeseeable occurrence of severe economic conditions and where such waiver will not substantially affect the project as described in the application. ARTICLE TWO 1. The County agrees to execute its responsibilities as defined in the grant application and within the times set forth in said application. ARTICLE THREE 1. Each party shall keep and maintain books, records, and other documents relating directly to the receipt and disbursement of grant funds and the fulfillment of this agreement. 2. Each party agrees that any duly authorized representative of the County, the North Carolina Department of Natural Resources and Community Development, United States Department of Housing and Urban Development, and Comptroller General of the United States shall, at all reasonable times, have access to and the right to inspect, copy, audit, and examine all of the books, records, and other documents relating to the grant and the fulfillment of this agreement for a period of three years following the completion of allcloseout procedures respecting the Community Development Funds, and the final settlement and conclusion of all issues arising out of the Community Development funds. 3. Notwithstanding anything herein to the contrary, the parties hereto acknowledge the due execution of the Community Development Grant Agreement between the County and NRCD and agree that any conflict between the provisions, requirements, duties or obligations of this agreement and the Community Development Grant Agreement shall be resolved in favor of the Community Development Grant Agreement. 4. If at the end of the approved project period the Corporation has failed to create and /or retain the full number of job positions and low -and moderate- income job positions presented in Article 1, Section 2, as provided in the approved project schedule or extension granted by the County, then the Corporation will pay to the County an amount as determined by NRCD based on the shortage in jobs. In determining the amount due, NRCD will review actual project accomplishments in comnparison to project commitments, ratings criteria (including, but not limited to, CDBG cost per job) and regulatory requirements. 5. This development agreement constitutes a legally enforceable contract and shall be governed by and construed in accordance with the laws of the State of North Carolina. Commissioner Hudson made a motion that Miss Rebecca Maness, P. 0. Box 61, Buies Creek, NC 27506, be appointed to serve on the Domiciliary Community Advisory Committee; Commissioner Collins seconded the motion and it carried with a unanimous vote. Commissioner Collins made a motion that Mrs. Kathy Weeks, Dr. Frank Parker, and Dr. Kenneth Talley, be reappointed for another three year term to serve on the Board of Health; Commissioner Shaw seconded the motion and it carried with a unanimous vote. Commissioner Mayo Smith made a motion that Edward H. McCormick be appointed to serve on the Harnett County Juvenile Task Force; Commissioner Collins seconded the motion and it carried with a unanimous vote. Commissioner Hudson made a motion that Bill Shaw be appointed as the voting delegate for the North Carolina Legisaltive Goals Conference; Commissioner Collins seconded the motion and it carried with a unanimous vote. Commissioner Collins made a motion that Mack Reid Hudson be appointed as the alternate voting delegate for the North Carolina Legislative Goals Conference; Commissioner Smith seconded the motion and it carried with a unanimous vote. The ambulance report for the month of November, 1986, was filed with the Board 171 BUDGET AMENDMENT SPECIAL APPROPRIATIONS RESOLUTION REFERENCE COMMUNITY DEVELOPMENT BLOCK GRANT SIGNATURE ADJOURNMENT Commissioner Mayo Smith made a motion that the budget amendment as presented by the County Manager increasing Special Appropriations, Code 10- 8700 -130, Medical Examiner, by $10,000 due to the $50 increase in the fee charged for each autopsy, be approved; Commissioner Hudson seconded the motion and it carried with a unanimous vote. Commissioner Hudson moved for the adoption of the following resolution authorizing individuals to request funds for Community Development Block Grant No. 85 -C -7040; Commissioner Smith seconded the motion and it carried with a unanimous vote: WHEREAS, Harnett County has received a Small Cities Community Development Block Grant; and WHEREAS, the requisition for CDBG Funds Form require the Certification by two authorized representatives of the County, that the data presented in the requisition is correct, is in accordance with the Terms and Conditions of the grant and not in access of the currnet needs and whereas the County must submit a signature form and certification card to the Division of Community Assistance which authorizes up to four persons to sign requisitions for CDBG Funds. BE IT RESOLVED that the Harnett County Board of Commissioners authorize the following individuals to sign requests for CDBG Funds Form. Lloyd G. Stewart Chairman Bill Shaw Vice - Chairman Dallas H. Pope County Manager Vanessa W. Young Finance Officer There being no further business, the Harnett County Board of Commissioners meeting of December 15, 1986, duly adjourned at 9:45 p.m. Llo G. art, Chairman # & &o . &Jade Hollie J. W , Secretary `� "1/a w4_�. Vanessa W. Young, Cler5