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100614a Agenda Package
HARNETT COUNTY BOARD OF COMMISSIONERS County Administration Building 102 East Front Street Lillington, North Carolina Regular Meeting October 6, 2014 9:00am 1. Call to order Chairman Joe Miller 2. Pledge of Allegiance and Invocation-Vice Chairman Gary House 3. Consider additions and deletions to the published agenda 4. Consent Agenda A. Minutes B. Budget Amendments C. Tax refunds, rebates and releases D. Senior County Staff Attorney requests approval of Access Easement and Road Maintenance Agreement between County of Harnett and Lucas, Daniels, and Pope. E. Harnett County Health Director requests approval to establish fees for 1) Clinical - 90658 Flu, Vaccine, Trivalent MDV@ $40.00; 2) Environmental Health- Inorganic/Organic Water Samples@ $100.00; and 3) Environmental Health-Water samples/Microbiology @ $50.00. The Environmental Fee increase was due to State Lab charging more for samples/water bottles. F. Harnett County Health Director requests approval ofthe Amended Clinical Fee Schedule, the Clinical Patient Fees, Eligibility and Bad Debt-Write Off Policy and Flat Fee Billing Policy amendments. G. Harnett County Sheriff requests approval to accept the maintenance contract from RDK Equipment Company for maintenance of the Detention Facility's kitchen equipment. H. Harnett County Risk Management & Safety Coordinator requests Board approval of the updated Drug & Alcohol policy. Revisions include those recommended by RLS & Associates who recently audited our DOT drug testing program. If approved, training on the updated policy will be included in the upcoming Reasonable Suspicion Drug Testing training. I. Harnett County Planning Services Director requests to reclassify the position of Senior Zoning Inspector held by Randy Baker from a Grade 69 to a Grade 71. Mr. Baker has expanded the role of Senior Zoning Officer to include additional duties outside ofthe normal duties of a Zoning Officer. J. Harnett County Information Technology Department (GIS/E911 Division) requests approval to purchase two additional Motorola Viper Radio's "APX7500" from Motorola for $15,349.50 using sole source. The two additional radios are needed in 911 Center. This is a 911 eligible expense and will be paid out of the Emergency Telephone Budget Page 1 <<100614 HC BOC Package Page 1>> <<100614 HC BOC Package Page 1>> <<100614 HC BOC Package Page 1>> 83 Health Department Code 110-7600-441.33 -45 Contracted Services 110-7600-441.41-11 Telecommunications & Postage 110-0000-399.00-00 Fund Balance Appropriated 84 Health Department Code 110-7600-4 41.33-45 Contracted Services 110-7600-441.11-00 Salaries & Wages 110-0000-331.76-01 WIC (Breast Feeding Peer) 85 Health Department Code 110-7600-441.33-45 Contracted Services 110-0000-345.10-14 Medicaid-PCM 86 Health Department Code 110-7600-441.60-46 Medical Supplies 110-0000-334.76-12 STD Prevention 88 Emergency Telephone System Code 240-5900-420.74-74 Capital Outlay Equipment 240-0000-399.00-00 Fund Balance Appropriated 91 Public Utilities-South Central Wastewater Project PU 1001 Code 573-9100-431.46-01 Residual Equity 573-9100-431.45-20 Legal & Administration 573-9100-431.45-22 Issuance Cost 573-9100-431.45-40 Land & RW 573-9100-431.45-30 Engineering 573-9100-4 31.45-80 Contingency 573-0000-334.90-10 USDA Grant 573-0000-361.90-30 NCCMT 573-0000-361.10-00 Interest 573-0000-314.50-00 Sales Tax 92 Cooperative Extension Code 110-7310-465.60-33 Material & Supplies 110-0000-353.73-10 Contribution & Donation (First Citizens) 3. Tax refunds, rebates and releases (Attachment 1) 151,409 increase 2, 1 00 increase 153,509 increase 3,024 increase 651 increase 3,675 increase 2,990 decrease 2,990 decrease 50 increase 50 increase 104,878 increase 1 04,878 increase 619,875 increase 34,015 decrease 13,64 7 decrease 14,628 decrease 4,050 decrease 4,638 decrease 545,993 decrease 1, 789 increase 940 increase 175 increase 500 increase 500 increase 4. Harnett County Library Director requested permission to apply and receive NC State Aid by the NC Department of Cultural Resources, the State Library. September 15, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 2 or 5 <<100614 HC BOC Package Page 1>> 5. Harnett County Sheriffs Department and the LT. Department requested approval of change order #00 1 for the Radio Upgrade Project CP 1406 to add two additional MCC7500 console positions to the dispatch center. These consoles are needed for the Dunn 911 Center consolidation. Emergency Telephone System funds will be used to cover the cost of $104,878. 6. Harnett County Emergency Medical Services requested permission to apply and receive $3,500 for the approved SMA T III Support Project Grant as a member of the WakeMed CapRAC through the Subcontractor Agreement 2014-2015. These funds will be used to enhance regional preparedness as outlined by the United States Department of Health and Human Services, Division of Health Service Regulation, Office of Emergency Medical Services. The purpose of this agreement is to outline the process for the disbursement and use of funds. Barry Blevins, Director of General Services, introduced Kristine Perry and Jennifer Flowers of Harnett Animal Welfare Coalition (HAWC). Mr. Blevins said Harnett County Animal Services is proud to be partners with HA WC and thanked them for all of their efforts. Ms. Perry and Ms. Flowers addressed the group regarding the Students of Animal Responsibility (SOAR) Program. Coats Elementary School was the pilot for the SOAR program in Harnett County which is modeled after the Moore County course. The SOAR program will expand into three additional schools in Harnett County. Ms. Flowers introduced Coats Elementary 4th graders and SOAR members Emma Williams, Abbey Wilson and Carlie Parker who talked about what this program means to them. The young ladies also cited the SOAR pledge and presented commissioners with a large print of the pledge signed by students. Chairman Miller opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. -Paul Long of601 Old Buies Creek Road shared concerns about what he calls an oligarchy, political persuasions and deceptive practices trying to destroy our county. He said we had an opportunity to have more revenue for this County without raising taxes with a landfill in a sand hole. Mr. Long said we are going to have to raise taxes to provide schools because we do not have enough funding and are not providing proper facilities for children. He said a bond issue is a tax increase. Mr. Long said we need a positive common goal to make this County better. -Cris Nystrom of391 Senter Lane in Bunnlevel, who is a substitute teacher, said there is a need for infrastructure within the schools, noting misplace priorities and speaking about the amount ofwaste and destruction in our schools. -Jaysen Yochim of 50 Ticonderoga Road in Cameron shared concerns regarding how the !4 cent sales tax increase may be spent. Mr. Yochim said the over-crowding in the schools is worse and asked for an update on what is being done to address this. He noted the new charter school did not relieve any of the over-crowding. Mr. Yochim also said they have not seen any movement toward building the new school. September 15,2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 3 or 5 <<100614 HC BOC Package Page 1>> Commissioner House moved to approve the appointment listed below. Commissioner Hill seconded the motion which passed 3 1. PLANNING BOARD Cris A. Nystrom (nominated by Vice Chairman House) was appointed to serve on this Board as a regular member in District 2. Commissioner Burgin moved to appoint David N. Levinson to serve on the Planning Board as a regular member and Cris A. Nystrom as an alternate member, both for District 2, however the motion died due to the lack of a second. Mark Locklear, Planning Services Director, petitioned the Board for a public hearing on a proposed zoning change-Landowner/Applicant: Jeffrey Carl Beal; 5.93+/-acres; From Commercial to RA-20R; Hwy 27 West; Barbecue Township. Mr. Locklear noted this site is currently vacant, except for an inhabitable older house. Surrounding land uses are farmland, low density residential and various commercial uses. Services available include public water and private (septic tank) sewer. This application was heard at the September 2, 2014 Planning Board meeting with no opposition and the Harnett County Planning Board recommended approval with a unanimous vote based on the existing zoning compatibility to the surrounding properties. Mr. Locklear reported staff evaluation as: The IMP ACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The impact to the surrounding community is reasonable, as the requested zoning district is similar in nature to neighboring zoning. The requested zoning district is NOT COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning to RA-20R is not compatible with the Land Use Classification of Low Density Residential. As per the existing plan, Low Density Residential is meant to encourage large lot development and/or limited development. However, staff feels that this area's land use classification should be amended during the upcoming Land Use Plan update, to comply existing uses and lot sizes. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning to RA-20R would maintain the public health, safety and general welfare due to the existing residential uses within the area. This request is NOT for a SMALL SCALE REZONING and should not be evaluated for reasonableness. REASONING: The proposed rezoning to RA-20R is immediately adjacent to RA-20R zoned land, thus this application does not need to be considered a Small Scale Rezoning. Suggested Statement-of-Consistency: Staff concludes that the requested rezoning to RA-20R is compatible with neighboring zoning districts and would not have an unreasonable impact on the surrounding community and will maintain the public health, safety, and general welfare for the reasons stated in the evaluation. It is recommended that this rezoning request be approved. September 15, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 4 or 5 <<100614 HC BOC Package Page 1>> Commissioner Hill moved to approve the proposed zoning change as presented. Vice Chairman House seconded the motion which passed 4-0. The group watched the NCACC Association Update Video. Chairman Miller noted that County Manger Tommy Burns and Deputy County Manager Joseph Jeffries were in Charlotte for continuing education. The follow reports were provided to commissioners: Veterans Affairs Activities Report August 2014 -Planning Services Report August 2014 Interdepartmental Budget Amendments Chairman Miller called for any new business. Commissioner Burgin asked about the County's legislative goals, which are due September 191h. Ms. Wheeler reported that Mr. Burns was currently working on the legislative goals and would circulate them. There was no need for closed session. Commissioner Burgin moved to adjourn the meeting at 7:32pm. Commissioner Hill seconded the motion which passed 4 -0. Joe Miller, Chairman Margaret Clerk September 15, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 5 or 5 <<100614 HC BOC Package Page 1>> A.iJp<tNl'u by 1he rfa!lif:l:f :-:v •nty Board ~;~f Comml.<;liiorHH'~ Date : 09/15/2014 TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES BRYANT, GLORIA Only one dwelling on VONDELLA City 0.00 property; Refund 1 Solid 0000007103-2011-2011-50.00 Refund Waste Fee 000000 County 50.00 2 BRYANT, GLORlA Only one dwelling on VONDELLA City 0.00 property; Refund 1 Solid 0000007103-2012-2012-70.00 Refund Waste Fee 000000 County 70.00 3 BRYANT, GLORIA Only one dwelling on VON DELLA City 0.00 property; Refund 1 Solid 0000007103-2013-2013-70.00 Refund Waste Fee 000000 County 70.00 4 MCDANIEL, CHRISTOPHER City 0.00 Military Exemption ANTHONY 0001778052-2010-2010-102 06 Refund THEISEN, RACHELS 000000 County 102.06 5 MCDANIEL, CHRISTOPHER City 0.00 Military Exemption ANTHONY 0001778052-2011-2011-91.50 Refund THEISEN, RACHELS 000000 County 91.50 6 MCDANIEL, CHRISTOPHER City 0.00 Military Exemption ANTHONY 0001778052-2012-2012-83.32 Refund THEISEN, RACHELS 000000 County 83.32 7 SMITH, DARRYL WYNNE Only one dwelling on SMITH, TRACEY L City 0.00 property; Refund 1 Solid 0000048608-2009-2009-45.00 Refund Waste Fee 000000 County 45.00 8 SMITH, DARRYL VVYNNE Only one dwelling on SMITH, TRACEY L City 0.00 property; Refund 1 Solid 0001715208-2010-2010-45.00 Refund Waste Fee 000000 County 45.00 9 SMITH, DARRYL WYNNE 0001715208-2011-2011-Only one dwelling on SMITH, TRACEY L 000000 City 0.00 50.00 Refund property; Refund 1 Solid Waste Fee <<100614 HC BOC Package Page 1>> 10 SMITH, DARRYL WYNNE SMITH, TRACEY L 11 SMITH, DARRYL WYNNE SMITH, TRACEY L 12 THEISEN, RACHELS 13 THEISEN, RACHELS 14 THEISEN, RACHEL S TAYLOR, JAMES RYSAAC IV 15 THEISEN, RACHEL STIRLING 16 THEISEN, RACHEL STIRLING S. KEITH FAULKNER Revenue Administrator CC: S. KEITH FAULKNER 0001715208-2012-2012- 000000 0001715208-2013-2013- 000000 0001997273-2012-2012- 000000 0001997273-2013-2013- 000000 0002101838-2013-2013- 000000 0001996928-2012-2012- 000000 0001996928-2013-2013- 000000 County City County City County City County City County City County City County City County City Total County Total Total to be Refunded Only one dwelling on 50.00 property; Refund 1 Solid Waste Fee 0.00 70.00 Refund 70.00 Only one dwelling on 0.00 property; Refund 1 Solid 69.85 Refund Waste Fee 69.85 0.00 Military Exemption 5.36 Refund 5.36 0.00 Military Exemption 5.28 Refund 5.28 0.00 Military Exemption 78.90 Refund 78.90 0.00 Military Exemption 297.41 Refund 297.41 0.00 Military Exemption 281.00 Refund 281.00 0.00 1,414.68 1,414.68 <<100614 HC BOC Package Page 1>> Date: 09115/2014 TO : HARNEIT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES 1 MOORE, HOLLY JO 0000038139-2012-2012-000000 2 MOORE, HOLLY JO 0000038139-2013-2013-000000 S. KEITH FAULKNER Revenue Administrator CC: S. KEITH FAULKNER Print City County City County City Total County Total Total to be Refunded 0.00 700.00 0.00 700.00 700.00 Only one home on Property-released 11 Solid waste fees. 700.00 Only one home on Property-released 11 Solid waste fees 0.00 1,400.00 1,400.00 <<100614 HC BOC Package Page 1>> \ I BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015; Section 1. To amend the General Fund';+teatth Department-9ivisioA on Aging, the appropriations are to be changed as follows: EXPENDITURE CODE NUMBER 110-7501-441.41-11 110-7501-441.58-14 110-7501.441.60-33 REVENUE CODE NUMBER 110-0000-334.75-03 EXPLANATION: APPROVALS: AMOUNT AMOUNT DESCRIPTION OF CODE INCREASE DECREASE Telephone and Postage $ 193.00 Travel $ 300.00 Materials and Supplies $ 300.00 AMOUNT AMOUNT DESCRIPTION OF CODE INCREASE DECREASE Aging/Medicare Counseling SHIIP $ 793.00 Budget amendment to budget additional funds received from the North Carolina Department of Insurance, Division of SHIIP. Section 2. Copies of this budget amendment shall be furnished to the Clerk of the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler, Clerk to the Board day of ,2014 Joe Miller, Chairman Harnett County Board of Commissioners q b <<100614 HC BOC Package Page 1>> BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the Emergency Telephone System Fund, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT I CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 240-5900-420.74-74 Capital Outlay-Equipment $37,174 REVENUE . AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 240-0000-399.00-00 Fund Balance Appropriated $37,174 EXPLANATION: Funds are needed to purchase Archiving Interface Server software so that the Motorola MCC 7500 radio console positions will record all communications that pass through the consoles. The Archiving Interface Server software from Motorola will cost $37,174. This is part of a change order for Motorola Contract Number 00116832.0. APPROVALS: Department Head (date)q, l<i-l Finance Offc r (dat€~/ /County an~ger (date} ;' / f 'i ~~~~ F 1: )1-(f . Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to i~ Y Budget Officer and the Finance Officer for their direction. Adopted this day of Margaret Regina Wheeler, Clerk to the Board 12014. Joe Miller, Chairman Harnett County Board of Commissioners <<100614 HC BOC Package Page 1>> BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the IT Department, the appropriations are to be changed as follows: U\tiO(p EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 307-8300-420.45-80 Contingency $30,000 307-8300-420.46-16 Equipment $30,000 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To cover equipment expenses that were not budgeted. APPROVALS: ~viL;·ttf,_j<,~ . Department Head (date) q~ 13·~1 r (date) J anager (date) L en~ 1 Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this day of Margaret Regina Wheeler, Clerk to the Board ,2014. Joe Miller, Chairman Harnett County Board of Commissioners <<100614 HC BOC Package Page 1>> BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the General Fund, Sheriffs Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-5103-42-D 3~CI 2014 Edward Byrne Grant 24,008 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-3;;:, t ? 1 ; 2-2014 Edward Byrne Grant 24,008 EXPLANATION: To set up the 2014 Edward Byrne Memorial Justice Assistance Grant (no county match). These funds will be used to purchase mobile computer, CAD software and Mapping software for patrol deputies. This equipment/software will enable deputies to respond to calls and to complete other tasks more efficiently. APPROVAlS: NuSJ~Q ~~\ ~~~j\q Department Head (date) unty anager (dat , .. /1' Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and th?1 ~ Budget Officer and the Finance Officer for their direction. Adopted this day of Margaret Regina Daniel, Interim Clerk to the Board J 2014. Joe Miller, Chairman Harnett County Board of Commissioners <<100614 HC BOC Package Page 1>> BUDGET ORDINANCE AMENDMENT BE !T ORDAINED by the Governing Board of the County of Harnett. North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending JL:ne 30, 2013: Section 1. To amend the General Fund, Transportation Department, the appropriations ore to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE l 1 0-4650-410-32-70 Capital Assistance-TDP $129,000 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 1 l 0-0000-334-5503 NCDOT Capital $116,100 11 0-0000-399-00-00 Fund Balance Appropriated $12,900 EXPLANATION: To reduce Capital budget to Actual award from NCDOT for FY 2014-2015 APPROVALS: ~ ~ Projects/Grants Finance & Accounting Specialist Manager (do~) 1 section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budtef-1 Officer and the Finance Officer for their direction. Margaret Regina Clerk to the Board Joe Miller, Chairman Harnett County Board of Comm \04 <<100614 HC BOC Package Page 1>> BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015; Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7600-441.11-00 Salaries & Wages $ 6,274.00 110-7600-441.21-00 Group Insurance $ 981.00 110-7600-441.21-05 Clinic s 71.00 110-7600-441.22-00 FICA s 543.00 110-7600-441.23-00 Retirement s 502.00 110-7600-441.25-10 Unemployment s 182.00 110-7600-441.26-08 Worker's Compensation $ 178.00 110-7600-441.32-26 Incentives s 1,950.00 110-7600-441.33-45 Contracted Services s 11,000.00 110-7600-441.54-26 Adverstising s 500.00 110-7600-441.58-14 Travel s 200.00 110-7600-441.58-18 Travel-Contract/Volunteer s 300.00 110-7600-441.60-33 Materials & Supplies s 900.00 110-7600-441.60-47 Food & Provisions $ 500.00 110-7600-441.64-25 Books & Publications s 875.00 110-7 600-441. REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-353.76-09 Susan G. Kamen $ 24,956.00 EXPLANATION: The Susan G. Kamen Grant was not received for F¥2014-2015. APPROVAlS: J~ Q} l?wVl~ .. ) 'v " vv Department Head (date) ger (Date) 1/ J1i J ( Section 2. Copies ofthis budget amendment shall be furnished to the Clerk ofthe Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler, Clerk to the Board day of Joe Miller, Chairman Harnett County Board of Commissioners <<100614 HC BOC Package Page 1>> BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015; Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7600-441.60-47 Food & Provisions $ 500.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 11 0-0000-353.76-05 Donations-Health Department $ 500.00 EXPlANATION: To budget donations received for the Pink Ribbon Breakfast( Breast Cancer Awareness}. APPROVALS: Section 2. Copies of this budget amendment shall be furnished to the Clerk of the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler, Clerk to the Board day of ,2014 Joe Miller, Chairman Harnett County Board of Commissioners \ <<100614 HC BOC Package Page 1>> BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the Emergency Telephone System Fund, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 240-5900-420.74-74 Capital Outlay Equipment $15,350 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 240-0000-399.00-00 Fund Balance Appropriated $15,350 EXPlANATION: Funds are needed to purchase 2 Viper Radio's to be used in the 911 Center as backup radio's. The radio's from Motorola will cost $15,349.50. APPROVAlS: Adopted this day of Margaret Regina Wheeler, Clerk to the Board 12014, Joe Miller, Chairman Harnett County Board of Commissioners <<100614 HC BOC Package Page 1>> Agenda Item 1.1-C} Date: 10/06/2014 Approved By : ___ TO : HARNE'TT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES 1 ASBELL, JERRY LEE City 0.00 Dwelling Demolished 0000001773-2009-2009-000000 187.63 Refund County 187.63 2 ASBELL, JERRY LEE City 0.00 Dwelling Demolished 0000001773-2010-2010-000000 187.63 Refund County 187.63 3 ASBELL, JERRY LEE City 0.00 Dwelling Demolished 0000001773-2011-2011-000000 187.63 Refund County 187.63 4 ASBELL, JERRY LEE City 0.00 Dwelling Demolished 0000001773-2012-2012-000000 180.89 Refund County 180.89 5 ASBELL, JERRY LEE City 0.00 Dwelling Demolished 0000001773-2013-2013-000000 180.89 Refund County 180.89 6 FOSTER, JOHN C City 0.00 Incorrect Square L, FOSTER STACEY 0001931120-2013-2013-000000 130.52 Refund Footage County 130.52 7 JOHNSON, JONATHAN City 0.00 Military Exempt R 0002107738-2013-2013-000000 235.97 Refund County 235.97 8 KAMKA, DAVID C City 0.00 Military Exempt 0002101266-2013-2013-000000 41.58 Refund County 41.58 9 POPE, LAWRENCE City 0.00 Incorrect Square THEODORE 0001092526-2013-2013-000000 89.73 Refund Footage POPE, KATHY M County 89.73 10 REVEL, CARRIE JANE City 0.00 Released Solid 0000044957-2009-2009-000000 45.00 Refund Waste Fee County 45.00 11 REVEL, CARRIE JANE City 0.00 Released Solid 0000044957-2010-2010-000000 45.00 Refund Waste Fee County 45.00 12 REVEL, CARRIE JANE City 0.00 Released Solid 0000044957-2011-2011-000000 50.00 Refund Waste Fee County 50.00 13 REVEL, CARRIE JANE City 0.00 Released Solid 0000044957-2012-2012-000000 70.00 Refund Waste Fee County 70.00 14 REVEL, CARRIE JANE City 0.00 Released Solid 0000044957-2013-2013-000000 70.00 Refund Waste Fee County 70.00 15 SAVAGE, KRISTEN City 0.00 Value Decrease with DIANNE 0002178187-2014-2014-000000 15.00 Refund Bill of Sale County 15.00 S. KEITH FAULKNER City Total 0.00 Revenue Administrator County Total 1,717.47 <<100614 HC BOC Package Page 1>> CC: S. KEITH FAULKNER Total to be Refunded 1,717.47 <<100614 HC BOC Package Page 1>> Date: 10/06/2014 Approved By:. ________ _ TO :HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES JACKSON, ROBERT C JACKSON, FRANCES L S. KEITH FAULKNER Revenue Administrator CC: S. KEITH FAULKNER 0000026360-2014-2014-000000 City(CI02) 500.11 County 924.36 City Total County Total Total to be Refunded 1,424.47 Refund 500.11 924.36 1,424.47 Elderly Exemption <<100614 HC BOC Package Page 1>> Board Meeting Agenda Item Agenda Item MEETING DATE: October 6, 2014 TO: HARNETT COlJNTY BOARD OF COMMISSIONERS SUBJECT: Access Easement and Road Maintenance Agreement between County of Harnett and Lucas, Daniels, and Pope REQUESTED BY: Jennifer Slusser, Senior County Staff Attorney REQUEST: Approval of Access Easement and Road Maintenance Agreement between County of Harnett and Lucas, Daniels, and Pope. The Board of Commissioners discussed this request at the September work session and staff was directed to take steps necessary to effectuate the grant of easement. The Agreement is attached. COUNTY MANAGER'S RECOMMENDATION: C:\U sers\gwhee]er\AppData\Local\M icrosoft\ Windows\T emporary Internet Files\Content.Outlook\Z5TP9EAN\ 14 09 29 Agenda Request Easement.doc Pagel of2 <<100614 HC BOC Package Page 1>> STATE OF NORTH CAROLINA COUNTY OF HARNETT ACCESS EASEMENT AND ROAD MAINTENANCE AGREEMENT THIS ACCESS EASEMENT AND ROAD MAINTENANCE AGREEMENT is made this the_ day 2014, by and between the County of Harnett, a body politic organized according to the laws of the State ofNorth Carolina ("Grantor"), Janice Diane Lucas and husband, Roger Lucas of 1119 Red Hill Church Road, Dunn, North Carolina, Robert Allen Daniels and wife, Casey Lucas Daniels of 1107 Red Hill Church Road, and Jerome Pope and wife, Ann Pope, of 1145 Red Hill Church Road, Dunn, North Carolina ("Grantees"). WITNESSETH: WHEREAS, the parties to this ACCESS EASEMENT AND ROAD MAINTENANCE AGREEMENT (hereinafter, "Agreemenf') are the o·wners of those parcels of land located in the Averasboro Township, County of Harnett, and as shown on that map located at Map Book 2011 Pages 688-689, Harnett County Registry. WHEREAS, Grantees rely on and have utilized a 20' portion of the property oVvned by Grantor totaling 0.16 acres as shown on that map located at Map Book 2011, Pages 688-689, Harnett County Registry, for purposes of ingress and egress for a number of years without establishing a permanent and definite access easement from Red Hill Church Road (State Road 1703) over and across the lands of Grantor in favor of the Grantees; and WHEREAS, Grantees desire to establish a permanent and define access easement from Red Hill Church Road (State Road 1703) over and across the lands of Grantor in favor of the Grantees; and WHEREAS, in order to provide a permanent nonexclusive access easement to the Grantees from the public right of way of Red Hill Church Road (State Road 1703) to the parcels belonging to Grantees, as shown on the herein-referenced plat of survey, over and upon the property of the Grantor the parties have agreed to the execution of this access easement and road maintenance agreement for purposes of access, ingress, egress, regress, and public utilities. 1 <<100614 HC BOC Package Page 1>> NOW THEREFORE, for and in consideration of mutual promises between them and other valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. That Grantor does bargain and convey to the Grantees and their heirs and assigns, a 20' perpetual non-exclusive right, privilege and easement for pedestrian and vehicular traffic for access, ingress, egress, regress, and for public utilities running north from Red Hill Church Road (State Road 1703) across the lands ofthe Grantor as shown and more particularly described on that plat of survey recorded at Map Book 2011, Pages 688-689, Harnett County Registry, and to have and to hold such right, privilege and easement subject to the following terms and conditions hereof. 2. Grantor shall have no obligation or duty to construct, repair, or maintain the access easement to Grantees or others claiming by or through them. 3. Grantees, for themselves, their heirs and assigns, agree that they will not erect any barrier or construction which would prevent the free flow of pedestrian and vehicular traffic between parcels shown on Map Book 2011, Pages 688-689, Harnett County Registry or between said parcels and the public right of way ofRed Hill Church Road (State Road 1703) bordering the lands shown at Map Book 2011, Pages 688 and 689. 4. Grantees, for themselves, their heirs and assigns, agree that they shall be responsible for the upkeep and maintenance of such access easement described herein equally between themselves to the extent of the use thereof for the benefit of the property of Grantees described herein. Grantees shall take no action which will impair or impede the Grantor's use of its property, including but not limited to the operation, use and maintenance of the Dunn Erwin Rail Trail. Grantees agree to indemnify and hold harmless, Grantor, its successors and assigns, from any liability, including reasonable attorney fees, arising from the use of this access easement, including but not limited to construction, repair, or maintenance of the access easement; ingress, egress or regress over the access easement; or public utilities within the access easement. 5. Grantees shall perform construction, repair, and maintenance obligations of its own parcels hereunder in a manner so as not to impair, interfere with or block the access to the other parcels herein shown at Map Book 2011, Pages 688-689 or the operation, maintenance or use of Grantor's property. 6. If any Party (the "Defaulting Party") should fail to observe any of the terms, conditions, restrictions or provisions of, or should fail to perform any of its covenants or obligations under this Agreement within a period of 30 days after the other Party (the "Non- Defaulting Party") has given to the Defaulting Party written notice thereof, then the Defaulting Party shall be in default under this Agreement; provided that if the obligation is of such a nature that the same cannot, with due diligence, be reasonably performed within such 30-day period, then such default shall be deemed to have been cured if the Defaulting Party commences such performance within such 30-day period and thereafter undertakes and proceeds with due diligence to complete the same and 2 <<100614 HC BOC Package Page 1>> does complete the same within a reasonable time. If a default has occurred and is not cured within the time period specified in this Paragraph, then theN on-Defaulting Party shall have all of the rights and remedies afforded to it by law and also all of the rights and remedies set forth in Paragraph 7 hereof (whether or not they are expressly provided by statute or recognized by judicial precedent), any one or more of which may be exercised and enforced independently or concurrently after such default remains uncured, without further notice to the Defaulting Party and without waiving any of the Non-Defaulting Party's other rights and remedies, and all of which shall, to the extent applicable, survive the termination of any right granted in this Agreement 7. Remedies. a) Cure. Following the expiration of the applicable cure period, the Non-Defaulting Party may, at its election, cure any default of the Defaulting Party under this Agreement; and if the Non-Defaulting Party should do so, then it shall be entitled to be reimbursed for all reasonable costs and expenses incurred by it in connection therewith, from either the Defaulting Party, its contractors, or its insurance carriers. b) Civil Actions. Following the expiration of the applicable cure period, the Non-Defaulting Party may sue the Defaulting Party for the specific performance of any obligation undertaken by the Defaulting Party in this Agreement, for injunctive or other equitable relief, or for damages in any court of competent jurisdiction in order to recover any such amount as may be due and payable to the Non-Defaulting Party. c) Obstruction Defaults. Notwithstanding anything to the contrary contained in this Agreement, in the event vehicular access to a parcel is completely obstructed (each such event, and "Obstruction Default""), the Non-Defaulting Party may notify the Defaulting Party by any means reasonable under the circumstances, including via facsimile or telephone, of the Obstruction Default and demand that the Obstruction Default be remedied. If, after 24 hours after such notice has been provided, the Defaulting Party has not remedied the Obstruction Default or commenced to remedy the Obstruction Default and thereafter remedies such Obstruction Default within 24 hours, the Non-Defaulting Party shall have the right (but not the obligation) to remedy the Obstruction Default (including the right to enter upon the Defaulting Party's Property) and shall be reimbursed by the Defaulting Party for the reasonable costs for such remedy upon demand. Miscellaneous Provisions 8. Notices. Any notice or other communication required or permitted to be given to a Party under this Agreement shall in writing and shall be given by ordinary U.S. mail, or by registered or certified U.S. mail, return receipt and postage prepaid, or delivered in person, by over-night courier, telefacsimile, interconnected computers, or any other mean for transmitting a written communication. Notice for each party is to be sent to the following addresses: 3 <<100614 HC BOC Package Page 1>> County of Harnett: Post Office Box 759 Lillington, North Carolina 27546 Attention: County Manager Janice Diane Lucas, and husband Roger Lucas 1119 Red Hill Church Road Dunn, North Carolina 28334 Robert Allen Daniels and wife, Casey Lucas Daniels 11 07 Red Hill Church Road Dunn, North Carolina 28334 Jerome Pope and wife, Ann Pope 1145 Red Hill Church Road Dunn, North Carolina 28334 9. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the respective successors and assigns (including successive, as well as immediate, successors and assigns) of the parties hereto. 10. Governing Law: This contract shall be governed by and construed in accordance with the laws of the State of North Carolina. 11. Duplicate Originals: This Agreement may be executed in one or more counterparts, each of which shall be deemed to be a duplicate original, but all of which, taken together, shall constitute a single instrument. 12. Article and Section Captions: The Article and Section captions contained in this Agreement are included only for convenience of reference and do not define, limit, explain or modify this Agreement or its interpretation, construction or meaning and are in no way to construed as a part of this Agreement. All exhibits and maps referred to in this Agreement are hereby incorporated herein and made a part of this Agreement. 13. Severance Clause: in the event any provision of this Agreement is adjudged to be unenforceable or found invalid, such provision shall be stricken and the remaining provisions shall be valid and enforceable. 14. Integration of Understandings: This Agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous additions, deletions, subsequent renewal, deletion, or other amendment hereto shall have any force or affect unless embodied herein in writing signed by both parties. 4 <<100614 HC BOC Package Page 1>> 15. No Partnership, Joint Venture or Principal-Agency Relationship. Nothing contained in this Agreement nor any acts of the parties hereto shall be deemed or construed by the parties or any third Person to create a principal and agent relationship, partnership, joint venture, employer-employee relationship or of any association between the parties to this Agreement. 16. No Dedication. Nothing in this Agreement shall be deemed to constitute a gift, grant or dedication of any portion of the Property to the general public or for any public purpose; provided that the parties shall have the right to extend the benefit of any of the easements granted herein to any governmental unit, public body and/or utility company for the purpose of the construction, installation, operation, maintenance, repair, relation, modification, extension or alteration of utility lines and related facilities. 17. Termination of Liability Upon Transfer: If the owner of a parcel should transfer its fee simple interest in and ownership of such parcel, then the liability of the transferor for the breach of this Agreement occurring after the date of such transfer, shall automatically be terminated and the transferee, by the acceptance of the conveyance of such fee simple interest, shall automatically be deemed to have accepted, assumed and agreed to observe or perform such covenant or provision after the date of such transfer. IN WITNESS WHEREOF, the below-named parties have hereunto set its hand the day and year first above written. (The remainder of this page left blank intentionally) (Signature pages to follow) 5 <<100614 HC BOC Package Page 1>> Signature Page for Access Easement and Road Maintenance Agreement between County of Harnett and Lucas, Daniels and Pope. COUNTY OF HARNETT Joe Miller, Chairman ATTEST: ~------------(SEAL) Margaret Regina Wheeler, Clerk STATE OF NORTH CAROLINA COUNTY OF HARNETT I, a Notary Public of the County and State aforesaid, certify that Joe Miller personally came before me this day who being by me duly sworn, deposes and says: that he is the Chairman of the Harnett County Board of Commissioners and Margaret Regina Wheeler is the Clerk of said Board, that the seal affixed to the foregoing instrument is the official seal of Harnett County, that said instrument was signed by him, attested by said Clerk and the County's seal affixed thereto, all by authority ofthe Board ofCommissioners of said County, and the said Joe Miller acknowledged said instrument to the act and deed of Harnett County. Witness my hand and official stamp, this the ___ day of ______ , 20 _ ________ ,Notary Public My Commission Expires: 6 <<100614 HC BOC Package Page 1>> Signature Page for Access Easement and Road Maintenance Agreement between County of Harnett and Lucas, Daniels and Pope. JANICE DIANE LUCAS ROGER LUCAS STATE OF NORTH CAROLINA COUNTY OF HARNETT I, , a Notary Public for said County and State, certify that JANICE DIANE LUCAS and ROGER LUCAS personally appeared before me this day, acknowledging to me that they signed the foregoing document for the purpose stated therein. Witness my hand and Notarial stamp or seal this __ day ____ ,2014 Official Signature Notary's Printed [ Seal ] My commission 7 <<100614 HC BOC Package Page 1>> Signature Page for Access Easement and Road Maintenance Agreement behveen County of Harnett and Lucas, Daniels and Pope. ROBERT ALLEN DANIELS CASEY LUCAS DANIELS STATE OF NORTH CAROLINA COUNTY OF HARNETT I, , a Notary Public for said County and State, certify that ROBERT ALLEN DANIELS and CASEY LUCAS DANIELS personally appeared before me this day, acknowledging to me that they signed the foregoing document for the purpose stated therein. Witness my hand and Notarial stamp or seal this __ day ____ ,2014 Official Signature Notary's Printed [Seal J My commission 8 <<100614 HC BOC Package Page 1>> Signature Page for Access Easement and Road Maintenance Agreement between County of Harnett and Lucas, Daniels and Pope. JEROME POPE ANN POPE STATE OF NORTH CAROLINA COUNTY OF HARNETT I, , a Notary Public for said County and State, certify that JEROME POPE and ANN POPE personally appeared before me this day, acknowledging to me that they signed the foregoing document for the purpose stated therein. Witness my hand and Notarial stamp or seal this __ day -----' 2014 Official Signature Notary's Printed [Seal] My commission 9 <<100614 HC BOC Package Page 1>> Board Meeting Agenda Item MEETING DATE: October 6, 2014 TO: HARNETT COl.TNTY BOARD OF COMMISSIONERS SUBJECT: Establishing Fees ~ REQUESTED BY: John~ REQUEST: The Board of Health at their regular meeting on September 1 8, 2014 approved to establish the attached list of fees: Clinical Fee CPT CODE DESCRIPTION 90658 Flu Vaccine, Trivalent MDV Environmental Health Fee Inorganic/Organic Water Samples Water samples I Microbiology RECOMMENDED PRICE $40.00 $100.00 $50.00 Environmental Fee increase was due to State Lab charging more for samples/water bottles. Thank you for your consideration in the establishing of these fees. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: U:\my documents\!-Winword\BOC Mtg Request\agendaform2014-Request 9-19-2014 Fees.doc I of I Page <<100614 HC BOC Package Page 1>> HARNETT COUNTY HEALTH DEPARTMENT FEES SCHEDULE I~ TYPE OF FEE 2012-2013 l 2013-2014 - llaneous Flat Fees Camp/sport/college physicals 30.00 30.00 Flu Vaccine, Prsrv free/Fluzone 36.00 37.00 Flu Vaccine Quad Flu Vaccine (Super) Flu Vaccine {Tri\ alent :-.1DV) Hepatitis A Vaccine 25.00 ~t Hepatitis B Vaccine (Hi-Risk) 30.00 MMR-Adult 45.00 45.00 Pneumonia shot 72.00 89.00 PPD!TB Skin Test 16.00 16.00 Meningitis 135.00 135.00 HPV Vaccine (3 dose) 450~ 450.00 Varicella 85. 85.00 Adult Health Physicals Sliding Fee. Ins., Medicaid Sliding Fee. Ins .. Medicaid Blood sugars Sliding Fee. Ins .. Medicaid Sliding Fee. Ins .. Medicaid Child Health Services Sliding Fee. Ins .. Medicaid Sliding Fee. Ins .. Medicaid Child Service Coordination Medicaid Medicaid Cholesterol test Sliding Fee. Ins .• Medicaid Sliding Fee. Ins .. Medicaid jChronic Disease / Diabetes Sliding Fee. Ins .. Medicaid Sliding Fee. Ins., Medicaid Family Planning Sliding Fee. Ins .. Medicaid Sliding Fee. Ins .. Medicaid Maternal Care Coordination Medicaid Medicaid Pregnancy Test Slidlog ~~og Fee.'"··""''""' I§ Program Smioe' Sliding iding Fee. Ins .• Medicaid Control/Treatment Insurance. Medicaid nsurance. Medicaid TB Control/Treatment Medicaid Medicaid TB Skin Test Self-Pay. Insurance. Medicaid Self-Pay. Insurance. Medicaid Home Health Charges Skilled nursing, per visit 115.00 115.00 Home health aide, per visit 55.00 55.00 Physical therapy, per visit 120.00 120.00 Speech therapy, per visit 125.00 125.00 Occupational therapy, per visit 120.00 120.00 Environmental Health Fees Inorganic Organic Vv ater Samples vatcr ~amplcs Microhiology 30.00 30.00 mprovement I Septic Tank Permit 750.00 750.00 etum Tnp Fee (if not properly marked) 25.00 25.00 Existing tanks 100.00 100.00 Swimming Pool Permits New Fee tive January 1, 2012 200.00 200.00 ruing Pool Reinspection Fee fective January 1, 2012 25.oo II 25.00 Tattoo Artist Permits 500.00 500.00 Temporary Tattoo Artist Fee Effective January l, 2012 125.00 125.00 Plan Review for Food & Lodging 200.00 200.00 Pool Plan Review 300.00 300.00 Well Fees 25 250.00 20U-2015 30.00 45.00 48.00 56.00 -10.00 25.00 30.00 45.00 90.00 16.00 135.00 450.00 85.00 Sliding Fee. Ins .. Medicaid Sliding Fee. Ins .. Medicaid Sliding Fee. Ins .. Medicaid Medicaid Sliding Fee. Ins .. Medicaid Sliding Fee. Ins .. Medicaid Sliding Fee. Ins .. Medicaid Medicaid Sliding Fee. Ins .• Medicaid Sliding Fee. Ins .. Med· Insurance. Medicaid Medicaid Self-Pay. Insurance. Medicaid 115.00 55.00 120.00 125.00 120.00 l 00. ()() 50.00 750.00 25.00 100.00 200.00 25.00 500.00 125.00 200.00 300.00 250.00 <<100614 HC BOC Package Page 1>> Board Meeting Agenda Item MEETING DATE: October 6, 2014 TO: HA~l\JETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Clinicial Patient Fees, Eligibilty and Bad Debt-Write Off Policy and Flat Fee Billing Policy REQUESTED BY: L' REQUEST: The Board ofHealth at their regular meeting on September 18,2014 approved the Amended Clinicial Fee Schedule, the Clinicial Patient Fees, Eligibility and Bad Debt-Write OffPolicy and Flat Fee Billing Policy amendments. The amendments were as follows to the Clinical Patient Fees, Eligibility and Bad Debt-Write Off Policy: Page 2-changed 6. Maternity to Maternal Health Page 5 -added in h. "Clients are not pressured to make voluntary donations. Voluntary donations are not a prerequisite for provision of any service or supply. Billing requirements set out are not waived because of client donations." page 7 -added g. "Reasonable efforts to collect charges without jeopardizing client confidentiality are made." Removed word "HIS" throughout document. Thank you for your consideration of these two amended policy. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: U:\my documents\]-Winword\BOC Mtg Request\agendaform20 14-Request 9-19-2014 Billing Policy Amendment. doc Pagel of2 <<100614 HC BOC Package Page 1>> Policy and Procedure HARNETT COUNTY HEALTH DEPARTMENT Title: CLINICAL PATIENT FEES, ELIGIBILTY AND BAD DEBT -WRITE OFF APPROVED: ] -1'1-~OOS DATES REVISED: APPROVED BY:C61 ~' :::----- 1 hn Rouse, Health Dir. ector ' !;/ ' ~~; /.F.;~ 0· Chairman Purpose Public health services are increasingly costly to provide. The Health Department serves the public's interest best by assuring that all legally required public health services are furnished for all citizens. The department provides recommended and requested public health services based upon the priorities established by the Board of Health. Fees are a means to help provide services to the citizens of Harnett County. Fees help finance and extend public health services when government funding is not sufficient to support the full cost of providing all required and requested services. Fees are considered appropriate in the sense, that the entire population benefits from the availability of public health services for those in need, it is the direct recipient of services who gains the greatest direct benefit. Policy The clinic is to operate a system of financial management to: • meet the standard of grantor agencies • safeguard all income and expenditures a assure collection of revenues from all sources with financial obligations of the service The policy will include procedures for (I) Setting Charges, (II) Billing Clients and (III) Procedure for Aging of Accounts (Bad Debt Write-Off), Encounter Forms and (V) Determining Eligibility for Discounts. <<100614 HC BOC Package Page 1>> Page 2 Procedure 1. Setting Charges for Service a. In accordance with G.S. 130-A-39(g), the Board of Health has the authority and duty to establish charges for services provided in clinics. Specific methods used in seeking reimbursement will be through third-party coverage, including Medicaid, Medicare (for massive immunizations), private insurance, and individual patient pay. The Board of County Commissioners adopts fees established by the Board of Health. The Board of Health and Board of Commissioners adopt the fees along with the fiscal years budget process. b. No client will be denied service based solely on the inability to pay or regardless of the source of payment c. Eligibility: Each client must cooperate in: • an eligibility determination; and • provision of documentation of third party eligibility (Medicaid, Medicare, private insurance) for which they are eligible; and • provision of declaration of income. 2. Cost-based services: Charges are to be based on an accounting analysis of all services provided. The Board of Health accepts the Medical Fees in the United States 50th percentile times geographic adjustment factors for North Carolina, unless the approved Medicaid rates are greater. If the Medicaid rate is greater then that will be the acceptable charge. A comparison of the Medicaid cost study is considered. The Fee Setting Committee reviews and makes recommendations to Board of Health. 3. Service discounts: A schedule of discounts is to be used to adjust most service charges for clients between 100 and 250% ofpoverty. 4. The discounts will be based on: 1. household members (economic unit), and 2. income. 5. Financial Agreements/Assignment of Benefits Authorization is to be on file in client charts to acknowledge responsibility for services not covered by third party carriers. Patients at 0% do not have to sign Financial Agreement. <<100614 HC BOC Package Page 1>> • ' t • ~' Page3 Service-Specific Eligibility/Charge Adjustments: Definition: 1. Adults and Emancipated minors: 164.502(g)(2) a. Emancipated minors: In North Carolina, there are only two ways for a minor to be emancipated (see G.S. 7B-3500 et seq): • By marriage, or • By an order of emancipation granted by a court. b. Adults: In North Carolina, a person age 18 or older is an adult for purposes of making health care decisions. 2. Minor's consent sufficient for certain medical health services (G.S. 90-21.5) a. Any minor may give effective consent to a physician licensed to practice medicine in North Carolina for medical health services for the prevention, diagnosis and treatment of(i) venereal disease and other diseases reportable und G.S. 130A-135, (ii) pregnancy, (iii) abuse of controlled substances or alcohol, and (iv) emotional disturbance. This section does not authorize the inducing, of an abortion, performance of a sterilization operation, or commitment to a mental institution or hospital for confinement or treatment of a mental condition. This section does not prohibit the admission of a minor to a treatment facility upon his ov•m written application in an emergency situation as authorized by G.S. 122C-222. b. Any minor who is emancipated may consent to any medical treatment, dental and health services for himself or for his child. (1971, c. 35; 1977, c.582, s.2; 1983, c.302, s 2; 1985, c. 5899, s. 31 ,) 3. Services to minors: • Family planning services shall be available to all who voluntarily request such services without regard to age or parental consent. (15A NCAC 21A.0503) 4. Family Planning clients must be charged based on household members and income and discounts may be established for persons between 100-250% of poverty based on sliding fee scale. Birth control pills are included in the Family Planning physical fee, unless client loses pills. If client loses pills a $10.00 per pack will be accessed to the client and sliding fee scale will apply. Depo-Provera is to be billed separately from physical fee. If <<100614 HC BOC Package Page 1>> Page 4 during the course of a Family Planning or Maternal Health visit the clinician needs to rule out STDs to meet standards of care, the patient cannot be charged for STD testing and treatment. Private insurance can be charged for these services. When a client is unable to pay, for good cause (as determined by the health director), for family planning services the fee may be waived. The billing staff must determine, as accurately as possible, the client's ability to pay based upon family income. This determination and notice of any applicable waiver should be made prior to the delivery of services and must be conducted each time a client requests services. When considering charges to minors for family planning, several conditions must be taken into account. If the minor is unemancipated and confidentiality of services is not a concern, the family's income must be considered in determining the charge for the services. When a minor requests confidential services, without the involvement of a principal family member, charges for services must be based on the minor's income. Income actually available to the minor, such as wages from part-time employment, stipends and allowances paid directly to the minor, should be considered in determining the minor's ability to pay for services. Those services normally provided by parents/guardians, e.g., food, shelter, transportation, tuition, etc., should not be included in determining a minor's income. Under certain circumstances where confidentiality is restricted to limited members of the family, e.g., one parent is aware of the minor seeking services but the other is not because of disagreement regarding the minor's right to receive family planning services, the charges shall be based on the minor's income if the minor's confidentially would be breached in seeking the full charge. Billing staff must seek payment from third parties who are authorized or legally obligated to pay for services unless, in doing so, patient confidentiality would be compromised. Third parties should be billed at full charge and not discounted. Family Planning patients will have fees assessed based on declaration of income if no proof of income is provided. 5. Child Health clients must be charged based on household members and income and discounts established for clients between 100-250% of poverty based on sliding fee scale. 6. Maternal Health clients must be charged based on household members and income and discounts established for clients between 100-250% of poverty based on sliding fee scale. 7. Adult Health clients must be charged based on household members and income and discounts established for clients between 100-250% of poverty based on sliding fee scale. 8. Communicable Disease and immunizations services must be provided at no cost to the client. <<100614 HC BOC Package Page 1>> . ' Page 5 9. Flat Fee Service: (This is clinical service not on a sliding fee scale; vaccine is purchased by this agency or services provided by agency and is not mandated by the state) (This has a policy of its own): See Flat Fee Policy 10. Billing clients for Care a. See Policy for Flat Fee Charges for non-discounted services b. Bills (printed from accounting system) are to be given directly to the client at the time of their clinic visit and/or claim sent to another payment source, i.e. Medicaid, Medicare or private insurance. If payment is not made in full then a payment schedule (dollar amount, daily, weekly, monthly, charge) will be discussed with client and put on file. c. Emancipated minors (by legal emancipation, or married) fees are to be based on household members and income. Fees for clients requesting confidentiality or no contact must be based on the client's income alone and a family size of one. d. Bills to clients are to show full charge less the appropriate sliding fee discount e. Bills to third party payer sources are to reflect the full charge and no sliding fee discount. f. When a bill is not paid in full during the clinic visit, a bill is to be mailed to the client's address sixty (60) days after the visit and monthly thereafter until written off. After three consecutive bills with "no" response then a letter will be sent with bill (see form letter attached). Bills are not to be mailed to adolescents when it may undermine their confidentiality or when a client requests no contact or no mail When confidentially or no mail is requested by client see if alternate billing address can be used. Also, see Debt Set-Off Policy for further collection. g. Clients are to receive a receipt for any payment (Printed from Accounting System, unless after closeout for daily deposit then hand Viritten numbered receipt will be issued). h. Voluntary donations may be accepted and a receipt issued. Clients are not pressured to make voluntary donations. Voluntary donations are not a prerequisite for provision of any service or supply. Billing requirements set out are not waived because of client donations. If the donation is from a client with an account balance, it is payment, not a donation. <<100614 HC BOC Package Page 1>> Page6 11. No mail is sent to confidential clients, or if requested by a client to receive no mail. 12. Aging of Accounts (Bad Debt Write~Off} Aging of account is an accounting procedure to periodically provide an update and realistic value for accounts receivable. Accounts will be aged every 2 years or annually, if deemed by Health Director or Designee and v.rritten off as "uncollectible" only after two (2) years following the date of last service and no effort to pay has been made. Unless, approval by Board of Health and/or Board of Commissioners to delay v.rrite-offs. Process for billing clients and aging accounts follows: Billing a. Explain to client charges for that day's services and request payment during clinic visit; inform client of balance due and have client sign "Financial Agreement/ Assignment of Benefits Authorization. b. If client is unable to pay full amount of bill for that day's service, prepare "Payment Agreement Form" for clients to sign. Processing Unit Supervisor and/or Patient Relations Representative will review payment Agreement Forms every sixty (60) days or designee. c. Label will be kept on each client in a notebook and at the end of the day the encounter forms shall be matched back to the label sheet to ensure all encounter forms are accounted for. If encounter forms are not accounted for follow-up with supervisor of that clinic. (A duplicate encounter form may need to be created if original is not found). d. Mail statement of account to client sixty (60) days after visit and monthly thereafter until v.rritten off or collected through Debt Set-off. e. After 3 months; mail "payment agreement form" to client to select payment option(s) or if client has already made a selection send a copy of "payment agreement form" on file to the client along with statement of balance from accounting system. f. Mail past due notice to client sixty (60) days after the "payment agreement form" has been mailed. g. Inform client of balance due at time of service and • Next telephone call (if applicable) • Next walk-in service. <<100614 HC BOC Package Page 1>> ' ' Page 7 Aging Patient Accounts a. Accounts Supervisor or designee will review outstanding balances semi -annually (June and December). b. Two years after the initial visit balance and payment has not been rendered, and client has not been in for service any balance remaining after two years will be written-off as "uncollectible" and reinstated once client returns for service. c. As long as a balance remains, the client is to be informed of the current balance. d. In the event a client should offer payment on an amount previously ~Titten-off, the charge will be re-entered into the system and payment accepted. Entries reflecting the amount ~tten-off will be entered in the accounting system. If client returns for Health Department services reinstate VVTite-off and inform client of amount owed. e. The client ledger card (accounting system) will indicate the recording of the bill as "uncollectible". f. The Harnett County Board of Health authorizes the Health Director to write-off debts deemed "uncollectible" under this policy; the Health Director will report to the Board of Health the total amount write-off in each program. The Health Director will then request approval of the write-off debts from the Board of Commissioners. After approval by the Board of Commissioners then the debts will be written off. g. Reasonable efforts to collect charges without jeopardizing client confidentiality are made. The Harnett County Health Department utilizes an Electronic Accounting System for receivables. 14. Encounter Forms-Electronic version, unless accounting system down then paper version will be done a. An encounter form will be initiated and completed for every service provided. b. Personal data required at the top of the encounter form includes: • Last name, First name, Middle Initial (if one) • Social Security number if not one then made up Patient number • Date of Birth • Race and Ethnicity • Sex • County ofResidence Code • Address and phone number (optional) <<100614 HC BOC Package Page 1>> Page 8 c. Clinic and financial information required at the top of the encounter form includes: • Date of visit • Clinic • Reason for visit • Medicaid number • Medicare information • Insurance information • Self-Pay% • SSI information • Health Choice information • New to program or Continuation to program d. Encounter forms will be kept for~ years from the date of service or when agency need ends and then destroyed. Instructions for Determining Eligibilicy for Scale Fee Discount: Definition: 1. Economic Unit: The Economic Unit will consist of people living in the home related to the client and those living in the home providing direct or indirect financial support for the client. A family shall be defined as a group of related or non-related individuals who are living together as an economic unit. Individuals are considered members of a single family or economic unit when their production of income and consumption of goods are related. (Related to client by blood, marriage, or adoption, father of unborn child or client's boyfriend, and/or live in the same household as the client and contribute to the client's support; rent, utilities, grocies, clothes, etc.). Those who are financially responsible for the client or those who dependent on the client for financial assistance are included in economic unit. 2. "HIS" Client Household/Contact (Paper-Personal Data Sheet/Eligibility) Complete Client Household/Contact (Personal Data Sheet) on each client every 12 months; unless client has a change then it will be updated and resigned earlier. a. Enter the following information: e Last name, First name, Middle Initial (if one) e CNDS e Date ofBirth o Race and Ethnicity <<100614 HC BOC Package Page 1>> Page 9 • Sex • County of Residence Code (no residence requirement for programs services) • Address and phone number • Note clients maiden name or any other last name • Social Security Number for parents or patient to be used for Debit Set Off or billing insurance • Write/flag in accounting system "Confidential" on sheet printed from (client household/contact) • Date of screening and whether or not the client wishes to receive mail at the address to be listed. • Present and permanent address: list the street address in addition to any post office box; rural routes should be followed by the road name (also, update client data screen in accounting system, NCIR) • Home/work/school telephone numbers that indicate where they can be reached. Telephone numbers should be for home work. Also have to update client information screen. • Complete with the economic unit information (Persons living in home, see exceptions under Client Household/Contact), date ofbirth or age, sex, relationship to patient. b. SOURCES OF INCOME section is to be completed on the first visit and updated as changes occur or 12 month anniversary date whichever occurs first. (date, name of economic unit with incomes, list all employers or sources of income, date of employment, wages, AFDC, SSI, Retirement, other, total income before taxes). • Income Calculation: a. Determine Family Size (Economic Unit) First, determine the number of individuals in the client's family. Remember that for family planning, the "family" is not limited by the "related by blood, marriage, or adoption" test. The Title X regulations [42 CFR 59.2] define a family as "a social unit composed of one person, or two or more persons <<100614 HC BOC Package Page 1>> . ~ .. ' Page 10 living together as a household." Household members included for family size determination consist of people living in the home related to the client and those living in the home providing direct or indirect financial support for the client. A family shall be defined as a group of related or non-related individuals who are living together as one economic unit. Individuals are considered members of a single family or economic unit when their production of income and consumption of goods as related. There are some special situations. If a "family member" is seeking confidential services, the client should be treated as a "family of one" and considered on the basis of the client's resources alone. Many adolescents will probably fall into this category, as well as some non-adolescents. Some clients may live in a setting with a number of family members, sometimes distantly related, making up "a household." They share daily expenses such as food, rent, utilities, etc. and, therefore, constitute an "economic unit." Ifthe client indicates that the entire group shares health care expenses-including contraceptive services-and if there is no confidentiality concern related to the sharing of such expenses, then the entire '"economic unit" should be considered in determining the unit's gross income. b. Determine Family's or Economic Unit Gross Income Secondly, determine the economic unit's gross income. Gross income is also the income before deductions for income taxes, social security taxes, insurance, or other voluntary deductions. Determine income by the documentation. Income includes most types of financial payments. c. Documentation: Acceptable sources of income verification, but not required for proof. 1. Check/Pay stubs 2. W-2 forms 3. Letter from employer, etc. 4. Self-employed clients can provide the latest tax return 5. Declaration d. To and From date used to determine employment: o Continuously employed wage earners must show income from past 12 months (one year back from date of service), or <<100614 HC BOC Package Page 1>> Page 11 • If multiple employment within past 12 months then verify present employment with client and then use patient word to verify with ESC Website for employment to equal 12 months, or • If individuals are unemployed today or during the past year, they must show income for the past 6 months and an income projection for the future 6 months. • Weekly or monthly figures should be annualized. e. Financial payment/other sources: Financial payment/other sources of income that may exist include but not limited to cash, or that can be readily converted to cash, social security payments, public assistance payments, retirement, alimony payments, child support, and unemployment compensation-generally, money received from sources outside of the household. etc ... f. Some items not included as income: Housing allowance for military personnel is not counted. The eligibility specialist will have to identify the proper amount of the housing allowance and subtract it from the total gross income shown on the check, non-cash benefits such as WIC vouchers, food stamps, food, rent or fuel received in lieu of wages, in-kind housing assistance, school lunches, etc ... Individuals and emancipated minors seeking confidential or no contact service are to be considered a family unit of one (family planning, etc) g. Client documentation required---refused--- Client/guardian may be requested to declare income annually or as changes occur, but documentation is not required. If client refuses income information he will be accessed at 100% except Family Planning will not be accessed. See calculation of income under definition above. h. Statement of accuracy- • Eligibility specialist is to read to the client the statement of accuracy in reporting (read from the Personal Data Sheet the statement/or electronic version: THE ABOVE INFORMATION I HAVE GIVEN IS CORRECT. I UNDERSTAND THE HEALTH DEPARTMENT HAS THE RIGHT TO CHECK THIS INFORMATION.) <<100614 HC BOC Package Page 1>> <<100614 HC BOC Package Page 1>> Page 13 3. Clients do not have to be a resident of the county to be eligible for services provided by the Health Department. 4. Clinical services provided by the Health Department are targeted to individual with income at 250% or below of the federal poverty level. 5. Cost of birth control pills, foam and condoms, and other non-prescription contraceptives are included in the reimbursement rate established for preventive medicine codes. One exception is if a client loses her birth control pills there will be a $10.00 per pack accessed to the client and sliding fee scale will apply. If a client has been established as a "chronic" abuser of supplies and is a non-Medicaid client, one of the following options can be used: • Provide the client with foam and condoms, or • Provide the client with a prescription for the pills, making the client responsible for the cost, or • Give the client pills from the health department supply, charging the client $10.00 per pack for the pills and utilizing the sliding fee scale to determine the client's charge. e Medicaid clients who are defined, as "chronic pill abusers" may not be charged for replacement pills. However, these clients may be limited to one package of pills per visit to prevent continued abuse. If the client is a Medicaid client, some of the cost may be able to be recouped at the time of the Medicaid cost settlement. If the client is not Medicaid-eligible, Title X funds, HMHC or local funds can be used to recoup the cost of replacement pills. In this situation, non-Medicaid clients may be charged for the replacement pills on a sliding fee scale. 6. Clients will be informed to bring Medicaid card, Insurance card, Health Choice Card and/or household income (declaration of income is accepted) at the time they schedule an appointment. See Documentation Section for acceptable sources of income verification. 7. Clients will be asked if their income has changed at each visit to the health department. 8. The Health Director or his designee may make exceptions to the eligibility requirements on a case-by-case basis. <<100614 HC BOC Package Page 1>> <<100614 HC BOC Package Page 1>> Board Meeting Agenda Item MEETING DATE: October 6, 2014 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: RDK "Hobart" Maintenance Contract REQUESTED BY: Sheriff Rollins REQUEST: To accept the attached Maintenance contract from RDK Equipment Company for maintenance of the Detention Facility's kit~chen equipment FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: c,Users\MHAIRR\Desktop\20 14-201 5\Agenda Request\agendafonn20 14 Donation Flahery 50.00 080414.doc Page 1 of 1 <<100614 HC BOC Package Page 1>> NORTH CAROLINA SERVICE CONTRACT HAR.NcTT COUNTY THIS SERVICE CONTRACT ("Contract") is made and entered into as of this ~day of July, 2014, by and between the County ofHarnett, a body politic, organized and existing under the laws of the State of North Carolina (hereinafter referred to as "County"), and RDK Equipment Co. d/b/a Hobart Sales and Service, a corporation organized and existing under the laws ofthe State ofNorth Carolina (hereinafter referred to as "Contractor11 ); WHEREAS, County desires maintenance for and servlcmg of the Kitchen Equipment identified in Attachment A, attached hereto and hereby incorporated herein, located in the Harnett County Detention Center, 175 Bain Street, Lillington, North Carolina, (hereinafter sometimes collectively referred to as the "Kitchen Equipment"); WHEREAS, Contractor desires to provide maintenance for and servicing of the Kitchen Equipment; WHEREAS, County and Contractor have reached an agreement for the maintenance for and servicing of the Kitchen Equipment described herein and the parties desire to set forth the terms and conditions of this agreement in this Contract; and NOW, THEREFORE, in consideration of the mutual benefits, representations, and agreements contained herein and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree, each with the other, as follows: 1. Purpose. The purpose of this Contract is to set forth the understandings and agreements of the parties regarding the maintenance for and servicing of the Kitchen Equipment to be performed by Contractor. 2. Contract Term. This is a contract beginning on July 1, 2014 and ending on June 30, 2015, subject to appropriation by the Harnett County Board of Commissioners. Should the funds for this Contract not be appropriated by the Harnett County Board of Commissioners, this Contract shall be terminated by the County upon ten (1 0) days written notice to Contractor. 3. Contract Price. The total contract price to be paid by County is $12,982.00. 4. Contract Extension. County reserves the right to renew this Contract after the initial contract term expires subject to the same terms and conditions, upon agreement of <<100614 HC BOC Package Page 1>> both parties, provided that funds have been appropriated by the governing board and performance under this Contract by Contractor has been satisfactory. Any price increase requested by Contractor shall be considered at contract renewal time, and may be cause for non-renewal. 5. Compliance with Laws. Contractor shall obtain and maintain all licenses, permits, liability insurance, worker's compensation insurance and comply with any and all other standards or regulations required by Federal, State, or County statute, ordinances and rules during the performance of any contract between Contractor and the County. 6. Acceptance of Service. In the event that the services supplied to the County pursuant to this Contract do not conform to the specifications required by the County, the County reserves the right to cancel the services of Contractor upon thirty (30) days written notice at Contractor's expense. 7. Guarantee. Unless otherwise specified by the County, Contractor will unconditionally guarantee the service and workmanship of all services. If within the guarantee period, any defects occur which are due to faulty services, Contractor, at its sole expense, shall repair, adjust the condition, or replace the services to the complete satisfaction of the County. These repairs, replacements, or adjustments shall be made only at such time designated by the County to be the least detrimental to the operation of County business. 8. Indemnity & Insurance. Contractor will indemnify and hold harmless the County, its officers, agents, and employees from and against all loss, cost, damage, expense and liability caused by accident or other occurrence resulting in bodily injury, including death and disease to any person, or damage or destruction to property, real or personal, arising directly or indirectly from operations, products, or services rendered or purchased under this Contract. Contractor, at its sole expense, will purchase and maintain the insurance listed below as A, B, & C. A. Automobile -Automobile bodily injury and property damage liability insurance in an aggregate amount of not less than $1,000,000.00. B. Commercial General Liability-Bodily injury and property damage liability as will protect the Contractor from claims of bodily injury or property damages which arise from operations ofthis contract. The amounts of such insurance coverage shall not be less than $2,000,000.00 per occurrence and $3,000,000.00 aggregate coverage. This insurance shall include coverage for completed operations/products liability, personal injury liability and contractual liability. C. Workers' Compensation and employers' liability meeting the statutory requirements ofthe State ofNorth Carolina. <<100614 HC BOC Package Page 1>> Contractor shall provide the County with a certificate of such insurance that shall contain the provision that the County will be given thirty (30) days ~rritten notice of any intent to amend or terminate said policy by either the insured or the insuring company. However, a ten (1 0) day notice is sufficient for cancellation by the insuring company due to non- payment of premium. 9. Default Provision. Failure to satisfactorily perform the services required by this Contract will be grounds for the County to declare Contractor in default. Upon default by Contractor, County shall provide thirty (30) days written notice to Contractor of its default, if said default is not corrected by Contractor within this thirty (30) day period, this Contract may be canceled or annulled, in whole or in part, by the County for nonperformance or violation of this Contract's terms. Upon cancellation of the services of Contractor by the County, an award may be made to another vendor and Contractor shall be liable to County for costs to the County in excess of the defaulted contract prices. Contractor shal1 continue the performance of this Contract to the extent that any part is not terminated under the provisions of this clause. 10. Equipment and Supplies. Contractor shall provide all equipment, supplies, parts and materials necessary to maintain and service the Kitchen Equipment. All parts and materials installed in the Kitchen Equipment shall be new, unless new equipment is not readily available, at which time Contractor may use reconditioned pmis to reduce downtime, but all materials and equipment must be suitable for the uses intended. 11. Required Services For Facilities. A. Full Maintenance Contract. This contract is a full maintenance and repair contract for the all Kitchen Equipment identified in Attachment A. All costs for labor, travel, materials and parts necessary to inspect, repair and/or replace the Kitchen Equipment shall be included in the Contract Price. There shall be no charge to County for the maintenance, repair and inspection of its Kitchen Equipment, except for the Contract Price, unless such repair or maintenance is necessitated by abuse ofthe Kitchen Equipment by County, its employees or agents. lf repair or replacement of equipment is due to abuse of the Kitchen Equipment by County, its employees or agents, Contractor shall invoice County for its cost ofthe Kitchen Equipment and the necessary labor at Contractor's regular hourly labor rate. B. Parts. All parts necessary to repair or restore the Kitchen Equipment shall be furnished by the Contractor at no additional charge to the County. If a part or a part of an assembly within any of the Kitchen Equipment requires repair or replacement, the part and/or entire assembly may be replaced on an exchange basis with new parts, the removed parts or assembly becoming the property of Contractor. County having due regard for the difficulty in obtaining replacement parts for equipment, agrees that Contractor's acceptance of this Contract is subject to its being able to secure necessary replacement parts. <<100614 HC BOC Package Page 1>> User agrees that any failure by Contractor to fulfi1l the terrns ofthis Contract as a result of being unable to secure the necessary replacement parts shall not constitute a violation ofthis Contract. Dishracks, flight links, curtains, meat saw blades, blades used with food machines, pulley wipers, shredder plates, fryer baskets and tanks, boiler tanks, oven racks, filter hoses, and mixer accessories including bowls, bowl adaptors, bowl trucks, chopping ends, agitators, splash covers and extension rings are not covered by this Contract. C. Loan Equipment Loan Kitchen Equipment may be made available by Contractor to County as deemed appropriate based on the Kitchen Equipment involved, without rental charge, if extensive repairs should be required. D. Servicing Equipment. Any service or maintenance to the Kitchen Equipment, including preventive maintenance, will be performed by Contractor during the normal working days and hours of Contractor (Monday-Friday, 8:00 a.m. to 5:00p.m.) at no cost to County. Preventive Maintenance includes cleaning, lubrication and adjustments to the Kitchen Equipment. E. Warranty. Contractor warrants that the services hereunder shall be performed in a workmanlike manner. F. Overtime Rate. County will be charged for services performed at County's request during other than normal working days and hours at the overtime rate of $133.50perhour. G. Non-Interference With County Business. Contractor shall take all necessary precautions to avoid jeopardizing the security of the County and shall not interfere with the normal operations of the County while perfonning under its contract. 12. Personnel Qualifications: A. At the Contractor's sole expense, all personnel working on the Kitchen Equipment should, at a minimum, completely satisfy the following conditions or trainings before working on the County premises: i. Verified, clear background check 11. Verified reference checks iii. All required OSHA training IV. Product and equipment knowledge B. The Contractor warrants and agrees that all of its personnel performing service and maintenance upon the Kitchen Equipment pursuant to this proposal shall be trained for the services they are to perform. <<100614 HC BOC Package Page 1>> 13. Payments. Invoices for services shall be submitted by Contractor to County each month for services rendered. Invoices should be submitted on or before the twenty- eighth (28th) day of each month in twelve (12) equal installments. Payment for services will beNet 30. I 4. Transfer, Assignment or Subcontract. The covenants and agreements contained in this Contract are specifically binding upon the parties hereto. Contractor may not transfer, assign or subcontract any rights or obligations under this Contract to any other party or parties without the express written consent of the County. In the event that the County consents to Contractor1s assignment, Contractor shall continue to remain liable notwithstanding such assignment for the future performance of all of the terms, covenants and conditions ofthis Contract. 15. Mediation. Any claim, dispute or other matter in question ansmg out of or related to this Contract shall be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. The Parties agree that the mediation will be conducted and governed by the North Carolina Rules Implementing Statewide Mediated Settlement Conferences in Superior Court Civil Actions, and N.G. Gen. Stat. §7A-38.l(c), except as specifically provided otherwise herein. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Harnett County, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 16. Governing Law. This Contract shall be governed by the laws of the State of North Carolina. 17. Entire Agreement. This Contract represents the entire and integrated agreement between County and Contractor and supersedes all prior negotiations, representations or agreements, either written or oraL This Contract may only be amended by written instrument signed by County and Contractor. 18. No Third Party Beneficiaries. Nothing contained in this Contract shall create a contractual relationship with, or cause of action in favor of, a third party against Contractor or County. 19. Severance Clause. In the event any provision of this Agreement is adjudged to be not enforceable or found invalid, such provision shall be stricken and the remaining provisions shall be valid and enforceable. 20. Notices. All notices or other communications which shall be made pursuant hereto shall be in writing and shall be deemed to be given and received (a) when hand delivered to the address stated below, (b) three (3) days after being mailed to the address stated below, postage prepaid by certified or registered mail of the United States, return receipt requested to the address set forth below: <<100614 HC BOC Package Page 1>> TO CONTRACTOR: RDK Equipment Co. PO Box 64666 Fayetteville, NC 28306 Attn: Bob Kaylor TO COUNTY: County ofHamett: Post Office Box 760 (mail) 801 S. First Street (physical) Lillington, North Carolina 27546 Attn: Director of Public Buildings With copy to: County ofHamett Post Office Box 238 (mail) 1 02 E. Front Street (physical) Lillington, North Carolina 27546 Attn: County Staff Attorney Either party to this Contract may change its designated person or designated address at any time and from time to time by giving notice of such change to the other party in the manner set forth above. 21. Equal Opportunity Employer. Harnett County is an equal employment opportunity employer. The County is a federal contractor, and therefore the provisions and affirmative action obligations of41CFR§601.4(a), 41CFR60-741.5(a), and 41 CFR 60-250.4 are incorporated herein by reference, where applicable. [The Remainder of This Page is Intentionally Left Blank.] <<100614 HC BOC Package Page 1>> IN \1\ .. JT~'t SS WHEREOF, ~n ie~ h.ertf:(), 1Jan.:'\tgh toor du.l: ll~Tllori.t.od ='~-e-~r.:t.lln\.('1'. {Jf t}ffip:r-s. halt ~)l;('{,:tJ:iN ~11:~ COP~t;l.!.."1 ai eo~ datt' (ml:;l yem fim: ,,~,,,e v.y·i:t1cn C'O:STIUCTOR; ('O{INl"\' Of-UAR'"\ETT: a,. Na.tru::.~ · \\.:>!\""'~~ :-_~.;:;..;...::..._ .. ~ Title: C.caun~y !\tamg~r 'I has ~nstrwr.h.:fll ~ ht..!!.tn p~;lud!~cd 1 n f~e matmcr rcql.il~rod by Lhe Local Go~o crnmcnt Bud~c:t ::md Fi~u,l Conrroi ~\a. Rr~e~~0JJrwJ·~ ··-r ~;.mw:· ~,\r\\~{"". ~6k:t<~"lH Tidt:: County t:in~ncc Offi~c <<100614 HC BOC Package Page 1>> Sill T(V t.oo CYST f 30127 POSCX:~e.se ~~~~-t.C 2!tX~ f!tiq -414-i;:19 ~ !!Ut).tl:l4-!W F~ iQ.O;;j ~ww r0!1 fNe $!}1';~ ~ OJST' Je-1~7 IN YO~~ ClJS{OMERC(JPY t~t.ETI CO tETEI.IIITION CTR 1·15 &.MN STREE'r t-~.;ARI'E:.Tf W.OEJ£Ni10N CUt. t75 SAIN.STREU ULt.JNGTOff' ~ 21'54"6 utl..mGTON HC V~G AP..~ '$mY!Oe VOH'fPAC't CQV!iAA()f; 00 >\IT ACt'! EO lt.ISTA.ti.AllON $UMMARY' COVE~ CAfE !S 11'1J1Q'I4 •6f'31)1(115 ' ' ' '·Ut«r S'Atca· 12,389.00 ·' 12,389.00 12,389.00 0.00 12,389.00 <<100614 HC BOC Package Page 1>> HOBART SALES AND SERVICE SERVICE CONTRACT INSTALLATION SUMMARY ' Harnette County Sheriff Department FOOD EQUIPMENT · 175 Bain St. ,. : t f j f l· I f' Lillington, N.C. MODEL C30 64 SS-300-7 NC372S NC248S PH1830D HGC502 GH60T GH72/45C VHX24E VDMT40 VG40 2GR45DF GR015-1 SS-200-15A 3850 D340C PHONE# Attn: Brenda Thomas MAKE TYPE SERIAL HATCO BOOSTER HEATER CHAMPION 64" DISHMACHINE INSINKERATOR DISPOSAL C.HOFFMAN HOT FOOD TABLE C.HOFFMAN HOT FOOD TABLE C. HOFFMAN MOBILE HOT CABINET HOBART DBL GAS CONVECTION OVEN VULCAN GRIDDLE RANGE VULCAN TWO EYE RANGE VULCAN STEAMER VULCAN TILTING KETTLE VULCAN TILTING KETTLE VULCAN DBL FRYER W/FIL TER VULCAN FRYMATE INS!NKERATOR DISPOSAL GLOBE SLICER HOBART MIXER 7/1/1 thru 6/30/15 TOTAL IUIAL YEARLY $805.00 $1,999.00 $781.00 $475.00 $465.00 $295.00 $1,020.00 $390.00 $410.00 $1,425.00 $1,010.00 $825.00 $1,390.00 $210.00 $525.00 $532.00 $425.00 $12,982.00 <<100614 HC BOC Package Page 1>> RDKEQUI-01 BREWE1 ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE IIIIMIOOJY'(YY) ~ 9/24/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions ofthe policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s}. PRODUCER ~2:~~cT Brenda Webster Southern Insurance A~ency Inc r~g.N,io, ~):(910) 791-6938 F~--------- 5710 Oleander Drive, uite 104 ~No): (855)_814-8591 Wilmington, NC 28403 ~#o"Flliss: bwebster@southerninsurance.com -~ ----~ ____ INSURER(S) AF!'ORDING COVERAGE I _ _NAIC_#_ INSURER. A ,Sentinel Insurance Company ! INSURED INSURER 8 , Property & Casualty Insurance Company of Hartfo11:1 ~-i-==='------------------------------- ROK Equipment Company, Inc. DBA Hobart Sales & Service _!l'i!!_URER C : PO Box64666 INSURERD: I Fayetteville, NC 28306 lfolSUR_ERE_ INSURERF: ! COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWIN MAY HAVE BEEN REDUCED BY PAID CLAIMS. --~---~ ~~~~ -------~-· I ,:~lll~~~ ~ ~~~lll%~;r TYPE OF INSURANCE POLICY NUMBER LIMITS A ! ~ .' COMMERCIAL GENERAL LIABILITY I !22SBAZJ2515 I l~~~~~--1~---1,000!_1!!1 F p ,~~'"" [~] 0000> • X 10/01/2014 10/01/2015 i PREMISES@!_occu~.L $ 1,000,00 ~DEXP(Anyoneperson)~$ . 10,00 j-------\_f:E~~~;A~ ~~~_[:J':'_INJ;;~ .. _; s ==-~ ·!!!l~OOO r--~·· -·---· --~ 1 GEN'L AGGREGATE LIMIT APPLIES PER. 1 GENERAL AGGREGATE i $ 2,000,000 X' POLICY j< m?-r ~~ t-------~--------·- LOC I [PRODUCTS .:<::_OMP19f'_P.(3§_J!_~--~~~~~()_0 r--j OTHER -· ~ ! •S AUTOMOBILE LIABILITY i : rli:~~~~~t SINGLE LIMIT ! $ 1,000,00~ ~-., IUECZW8638 10I0112014!1o/0112015 sooi~Y(P"erperson)i $--------· A I X! ANY AUTO ' -----·--·-· . --~ ALLOWNED SCHEDULED I I BODILY INJURY 5 -·AUTOS AUTOS h'RoPERfYDIIMAGE H NON-OWNED $ '--1 HIRED AUTOS AUTOS i f.IT'!'I~]S!~ I I 1$ I UMBRELLA LIAB H OCCUR ' I I i I EACH OCCliRRFNf'~ i$ .____, ' I I is ~~ESS LIAB j CLAIMS-MAC)_§! It: I i OED I I RETENTION $ i i Is 'WORKERSCOMPENSATION I I I ;PER ·xiOTH-J 1 AND EMPLOYERS' LIABILITY y 1 N ! 1---iJIT_ATUTE I I ER L B ! ANY PROPRIETOR/PARTNER/EXECUTIVE [!]. N I A I (2WBCCN8885 10/01/2014' 10/01/2015 ~EACHACCIDENT I$ 1,000,00~ -----I OFFICER/MEMBER EXCLUDED? 1 E.L DISEASE -EA EMPLOYEE] $ 1,000,000 (Mandatory in NH) I :g~~Mfp"'j'~~ ~~gPERATIONS below I i :;~DISEASE PO~ICY LIMIT I $ 1,000,00 I I I l I I i I I I I I l I I I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AddHional Remarks Schedule, may be attached if more spa.., is required) The following owners, officers are excluded for Work Comp insurance coverage; Robert Kaylor CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN County of Harnett ACCORDANCE WITH THE POLICY PROVISIONS. P. 0. Box778 Lillington, NC 27546 AUTHORIZED REPRESENTATIVE ~~a?~~ © 1988-2014 ACORD CORPORATION. All r1ghts reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD <<100614 HC BOC Package Page 1>> Board Meeting Agenda Item MEETING DATE: October 6, 2014 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Drug & Alcohol Policy Update REQUESTED BY: Melinda Bethune, Risk Management & Safety Coordinator REQUEST: Requesting Board approval of the updated Drug & Alcohol policy. Revisions include those recommended by RLS & Associates who recently audited our DOT drug testing program. If approved, training on the updated policy will be included in the upcoming Reasonable Suspicion Drug Testing training scheduled for October 9, 2014. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: \\hcfile2\Hrusers\rnbethune\My Documents\Letters\BOC Agenda Request 2014.doc 1 of 1 Page <<100614 HC BOC Package Page 1>> Title: Adopted Date: I. POLICY HUMAN RESOURCES POLICY Drug & Alcohol Testing Policy December 7 1998 Policy #: DA T 09-01 Date of Last Review: October 2014 Harnett County has a strong commitment to provide a safe and secure workplace, and to promote high standards of employee health and well being. To this end, every effort will be made to provide a safe and drug-free work environment for our citizens and our employees. In addition, Harnett County is dedicated to providing safe, dependable, and economical transportation services to Harnett Area Transit System (HARTS) passengers, ensure safe operation of vehicles that require drivers to possess a Commercial Driver's License (COL) as well as safe services provided by those who occupy other safety-sensitive positions. In meeting these goals, it is our policy to: (1) assure that employees are not impaired in their ability to perform assigned duties in a safe, productive, and healthy manner; (2) create a workplace environment free from the adverse effects of drug abuse and alcohol misuse; (3) prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances; and; (4) to encourage employees to seek professional assistance anytime personal problems, including alcohol or drug dependency, adversely affect their ability to perform their assigned duties. Harnett County is dedicated to assuring fair and equitable application of this substance abuse policy. Therefore, department heads and subordinate supervisors/managers are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor/manager who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy in regard to subordinates, shall be subject to disciplinary actions, up to and including termination. II. PURPOSE The purpose of this policy is to assure worker fitness for duty and to protect our employees, passengers, and the public from the risks posed by the misuse of alcohol and use of prohibited drugs. This policy is also intended to provide procedures for conducting screenings of job applicants and employees for the use of illegal drugs and the improper use of prescription drugs while complying with all applicable Federal regulations. The Federal Transit Administration (FTA) of the U.S. Department of Transportation has published 49 CFR Part 655, as amended, that mandate urine drug testing and alcohol testing for safety-sensitive positions and prohibits performance of safety-sensitive functions when there is a positive test result. This policy covers all safety-sensitive functions when there is a positive test result. This policy covers all safety- sensitive positions described by the Federal Highway Administration. The U.S. Department of Transportation (DOT) has also published 49 CFR Part 40, as amended, which sets standards for the collection and testing of urine and alcohol testing. In addition, the Federal government published 49 CFR Part 29, "The Drug-Free Workplace Act of 1988," which requires the establishment of drug-free workplace policies and the reporting of certain drug-related offenses to the FTA. This policy incorporates those requirements for safety-sensitive employees as well. <<100614 HC BOC Package Page 1>> *Ail provisions set forth in bold face print are included consistent with requirements specifically set forth in 49 CFR Part 655, or Part 40, as amended. Provisions set forth in the Drug-Free Workplace Act (49 CFR Part 29) are delineated in italics. All other provisions are set forth under the authority of Harnett County. Ill. DEFINITIONS Accident is an occurrence associated with the operation of a vehicle even when not in revenue service, if as a result: a. An individual dies; b. An individual suffers a bodily injury and immediately receives medical treatment away from the scene of the accident; or, c. One or more vehicles incur disabling damage as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle. For purposes of this definition, disabling damage means damage which precludes departure of any vehicle from the scene of the occurrence in its usual manner in daylight after simple repairs. Disabling damage includes damage to vehicles that could have been operated but would have been further damaged if so operated, but does not include damage which can be remedied temporarily at the scene of the occurrence without special tools or parts, tire disablement without other damage even if no spare tire is available, or damage to headlights, taillights, tum signals, horn, or windshield wipers that makes them inoperative. Adulterated specimen is a specimen that contains a substance that is not expected to be present in human urine, or is expected to be present but not at a concentration so high that it is not consistent with human urine. Alcohol Test means a test for the presence of alcohol in the body as determined through the use of a breath alcohol test, evidential breathalyzer test, saliva swab test or blood screening. Alcohol Confirmation Test means a second test, following a screening test showing a prohibited level of alcohol, which provides quantitative data of alcohol concentration. Alcohol is an agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. Canceled a drug or alcohol test that has a problem identified that cannot be or has not been corrected, or which is canceled. A canceled test is neither positive nor negative. Collector is a person who instructs and assists employees at a collection site, who receives and makes an initial inspection of the specimen provided by those employees, and who initiates and completes the Custody and Control Form (CCF). The collector is the one individual in the drug testing process who has direct, face to face contact with the employee. Without the collector ensuring the integrity of the urine specimen and collection process, the test itself may lose credibility. Commercial Motor Vehicle means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle: a) Has a gross combination weight rating of 26, 001 or more pounds inclusive of a towed unit with a gross vehicle weight of more than 10,000 pounds; or b) Has a gross vehicle weight rating of 26, 001 or more pounds; or c) Is designed to transport 16 or more passengers including the driver; or d) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and that requires the motor vehicle to be placarded under the Hazardous Materials Regulations. Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of federal or state criminal drug statutes. Criminal Drug Statute means a criminal statute relating to the manufacture, distribution, dispensing, use or possession of any drug. Harnett County Drug and Alcohol Policy October 2014, November 2009 Revised Dec 1998 Adopted Page 2 of 19 <<100614 HC BOC Package Page 1>> Department of Transportation (DOT) The mission of the Department is to: Serve the United States by ensuring a fast, safe, efficient, accessible and convenient transportation system that meets our vital national interests and enhances the quality of life of the American people, today and into the future. Statutory Authority The Department of Transportation was established by an act of Congress on October 15, 1966. The Department's first official day of operation was April 1, 1967. Dilute specimen is a specimen with values that are lower than expected for human urine. Dilute negative is a test result received by the MRO from the laboratory labeled negative and dilute. The result will be treated as a negative result as permitted by Department of Transportation regulations. Dilute positive is a test result received by the MRO receives from the laboratory labeled positive and dilute. The test will be treated as a verified positive test. Direct Observation. In an effort to make it more difficult to adulterate or substitute specimens, Federal regulations require that specimens be collected under direct observation any time there is a specific reason to believe that any employee may be attempting to thwart the regulations or has sufficient reason(s) to evade the testing process. Direct Observed collections are required in the following circumstances: a) All return-to-duty tests; b) All follow-up tests; c) Anytime the employee is directed to provide another specimen because the temperature on the original specimen was out of the accepted temperature range of 90°F -100°F; d) Anytime the employee is directed to provide another specimen because the original specimen appeared to have been tampered with; e) Anytime a collector observes materials brought to the collection site or the employee's conduct clearly indicates an attempt to tamper with a specimen; f) Anytime the employee is directed to provide another specimen because the laboratory reported to the MRO that the original specimen was invalid and the MRO determined that there was not an adequate medical explanation for the result; g) Anytime the employee is directed to provide another specimen because the MRO determined that the original specimen was positive, adulterated or substituted, but had to be cancelled because the test of the split specimen could not be performed. The employee who is being observed will be required to raise his or her shirt, blouse, or dress/skirt, as appropriate, above the waist; and lower clothing and underpants to show the collector, by turning around that they do not have a prosthetic device. The observer must be the same gender as the employee. Failure of the employee to permit any part of the direct observation procedure is a refusal to test. The reason why the direct observation testing is being conducted must be explained to the employee. Drug means a controlled substance as listed in Schedules I through V of Section 202 of the Controlled Substances Act (21 USC 812) or Chapter 90, Section 87(5) of the North Carolina General Statutes or a metabolite thereof. Drug~Free Workplace Policy is a written drug-free workplace policy that is the foundation of a drug-free workplace program that includes why the policy is being implemented, a clear description of prohibited behaviors and an explanation of the consequences for violating the policy. Sharing all policies with all employees is essential for success; therefore, employers should be certain that all employees are aware of the policy and drug-free workplace program. Drug Test and Drug Screening mean a test, including providing the necessary sample of body fluid by the employee to be tested, for the presence of any prohibited substance, drug or drug metabolites in the urine or blood of an employee: Harnett County Drug and Alcohol Policy October 2014, November 2009 Revised Dec 1998 Adopted Page 3 of 19 <<100614 HC BOC Package Page 1>> Drug Confirmation Test means a second analytical procedure to identify the presence of a specific drug or metabolite that is independent of the screen test and that uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy. Gas chromatography/mass spectrometry (GC/MS) is the only authorized confirmation method for the five Substance Abuse and Mental Health Services Administration SAMHSA drugs. Evidential breath-testing device (EBT) All alcohol breath tests shall be conducted on an approved evidential breath testing device (EBT) by a trained breath alcohol technician. EBT' s shall be able to distinguish alcohol from acetone at the 0.02% alcohol concentration level and shall be capable of testing an air blank prior to each collection of breath and performing an external calibration check. In order to be used in either screening or confirmation alcohol testing, an EBT shall have a quality assurance plan (QCP) developed by the manufacturer. Federal Highway Administration (FHWA) is a major agency of the U.S. Department of Transportation (DOT). FHWA is charged with ensuring that America's roads and highways continue to be the safest and most technologically up-to-date. FHWA provide financial and technical support for constructing, improving, and preserving America's highway system. Federal Motor Carrier Safety Administration (FMCSA) The Federal Motor Carrier Safety Administration (FMCSA) primary mission is to reduce crashes, injuries, and fatalities involving large trucks and buses. It was established as a separate administration within the U.S. Department of Transportation on January 1, 2000, pursuant to the Motor Carrier Safety Improvement Act of 1999. Federal Transit Administration (FTA) is one of 11 operating administrations within the U.S. Department of Transportation. FTA provides stewardship of combined formula and discretionary programs totaling more than $108 to support a variety of locally planned, constructed, and operated public transportation systems throughout the United States. Transportation systems typically include buses, subways, light rail, commuter rail, streetcars, monorail, passenger ferry boats, inclined railways, or people movers. Gas Chromatography/Mass Spectrometry (GC/MS} are self-contained urinalysis drug tests that detect the presence of drug metabolites in urine within minutes. The cup contains detection strips each designed to test a particular drug at SAMHSA cut-off levels. It provides instant results. Through the patented delivery system, urine reacts with the reagents and antigens on the strip to produce a colorimetric reading indicating either positive or negative test results. Medical Review Officer (MRO} is a licensed physician with specific training in the area of substance abuse. The MRO not only has knowledge of substance abuse disorders, but also has been trained to interpret and evaluate laboratory test results in conjunction with an employee's medical history. The MRO verifies a positive drug test result by reviewing a laboratory report and an employee's unique medical history to determine whether the result was caused by the use of prohibited drugs or by an employee's medical condition. National Highway Traffic Safety Administration (NHTSA) is dedicated to achieving the highest standards of excellence in motor vehicle and highway safety. The agency strives to exceed the expectations of its customers through its core values of Integrity; mission is to save lives, prevent injuries and reduce economic costs due to road traffic crashes, through education, research, safety standards and enforcement activity. Negative Drug Test means a test result that does not show the presence of drugs at a level specified to be a positive test. Negative Alcohol Test, breath alcohol concentration of less than 0.04. With respect to a safety- sensitive employee, a breath alcohol concentration of 0.02-0.039 is not considered a positive test result but will require the employee be removed from the performance of safety-sensitive functions for at least 8 hours. On Call means being subject to a call to report immediately to work for Harnett County. On Duty means when an employee is at the workplace, performing job duties, on call, or during any other period of time for which he or she is entitled to receive pay from Harnett County. Harnett County Drug and Alcohol Policy October 2014, November2009 Revised Dec 1998Adopted Page 4 of 19 <<100614 HC BOC Package Page 1>> Other Substance means any substance that has the potential to impair noticeably the mental or physical function of a person who does not have an unusual or extraordinary reaction to such substance. Pass a Drug Test means that the result of the test is negative. The test either: a) Showed no evidence or insufficient evidence of a prohibited drug or drug metabolite, or b) Showed evidence of a prohibited drug or drug metabolite, but there was a legitimate medical explanation for the result as determined by a certified MRO. Pass an Alcohol Test is a negative alcohol test. The test showed no evidence or insufficient evidence of a prohibited level of alcohol. Positive Drug Test means a laboratory finding of the presence of a drug or a drug metabolite in the urine or blood of an employee at the levels identified by the SAMHSA, or for drugs not subject to SAMHSA guidelines, at the levels identified by Harnett County; all positive tests will be confirmed using a different technology than was used for the first test, (gas chromatography/mass spectrometry (GC/MS) process). Positive Alcohol Test means the presence of alcohol in the employee's system at a level of 0.04 or above. A safety-sensitive employee with an alcohol level between 0_02 and 0.039 is not considered positive but is required to be removed from duty for a period of at least 8 hours for Federal Transit Administration (FTA) and 24 hours for Federal Motor Carrier Safety Administration (FMCSA). Random Testing is testing conducted on an employee assigned to a safety-sensitive position and is chosen by a method that provides an equal probability that any employee from a group of employees will be selected by a scientifically valid method, such as a computer-based random number generator or a random number table spread reasonably throughout the year. Reasonable Suspicion exists when a supervisor, who has received the required training in detecting the signs and symptoms of probable drug use and/or alcohol misuse, obtains specific contemporaneous, articulable observations concerning appearance, behavior, speech, or body odor or other physical indicators of probable drug or alcohol use. Refuse to Test. The following behaviors constitute a test refusal: a) Failure to appear for any test (except for pre-employment) within a reasonable time, as determined by the employer; or b) Failure to remain at the testing site until the testing process is complete; or c) Failure to provide a urine or breath specimen for any required drug or alcohol test; or d) Failure to permit the observation or monitoring of the specimen collection when required to do so; or e) Failure to provide a sufficient amount of urine or breath when directed and there is no adequate medical explanation for the failure; or f) Failure to take a second test when directed to do so by the employer or collector; g) Failure to undergo a medical examination when directed to do so by the MRO or employer; or h) Failure to cooperate with any part of the testing process (e.g., refuse to empty pockets when directed by the collector, behave in a confrontational way that disrupts the collection process, fail to wash hands after being directed to do so by the collector); or i) MRO reports that there is verified adulterated or substituted test result j) Failure or refusal to sign Step 2 of the alcohol testing form k) Failure to follow the observer's instructions during direct observation collection including instructions to raise your clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if you have any type of prosthetic or other device that could be used to interfere with the collection process; or I) Possess or wear a prosthetic or other device that could be used to interfere with the collection process; or m) Admit to the collector or MRO that you adulterated or substituted the specimen. Harnett County Drug and Alcohol Policy October 2014, November 2009 Revised Dec 1998 Adopted Page 5 of 19 <<100614 HC BOC Package Page 1>> Safety-Sensitive Position means: a) A position will be designated safety-sensitive only where Harnett County has a compelling need, on the basis of safety concerns, to ascertain on-the job impairment on the part of employees who hold the position. Such a compelling need may arise where the duties of the position create, or are accompanied by, such a great risk of injury to the other persons or to property of such magnitude that even a momentary lapse of attention, judgment or dexterity could have disastrous consequences. Examples of these positions include: i. Positions (full or part time) requiring the use of weapons {or potential use of weapons) or the operation of vehicles, machinery, or equipment as a primary task {does not include routine office equipment). ii. Positions requiring the handling of hazardous materials, the mishandling of which may place the employee, fellow employees, or the general public at risk of serious injury, or the nature of which would create a security risk in the workplace. iii. Other positions as determined on a case-by-case basis as determined by Human Resources Director. b) The following includes activities defined as safety-sensitive by the Federal Highway Administration (FHWA) or Federal Transit Administration (FTA) portions of the Department of Transportation {DOT) guidelines: i. Driving. (FMCSA) ii. Inspecting, servicing, or conditioning any commercial motor vehicle. (FMCSA) m. Waiting to be dispatched at a carrier or shipper plant, terminal, facility, or other public property. (FMCSA) iv. Performing all other functions in or upon any commercial motor vehicle except resting in a sleeper birth. (FMCSA) v. Loading or unloading a vehicle, supervising or assisting in the loading or unloading of a vehicle, attending a vehicle being loaded or unloaded, Federal Motor Carrier Safety Administration (FMCSA) -remaining in readiness to operate the vehicle, or giving or receiving receipts for shipments being loaded or unloaded. (FMCSA) vi. Performing driver requirements, relating to accidents. (FMCSA) vii. Repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. (FMCSA) viii. Operating a revenue service vehicle, including when not in revenue service. (FT A) ix. Operating a non-revenue service vehicle when required to be operated by the holder of a commercial driver's license. (FT A) x. Controlling dispatch or movement of a revenue service vehicle. (FT A) xi. Maintaining a revenue service vehicle or equipment used in revenue service. (FTA) xii. Carrying a firearm for security reasons. {FT A) Determination as to which positions are safety-sensitive will be based on DOT guidelines or the recommendation of the department director with approval by the Human Resources Department. A list of safety-sensitive positions shall be maintained by the Human Resources Department. Safety-sensitive employees will be tested for marijuana, cocaine, amphetamines, opiates, and phencyclidine as described in Section 6.0 of this policy. In a DOT {FTA and FMCSA) drug test, the laboratory must only test for Marijuana metabolites; Cocaine metabolites; Amphetamines; Opiate metabolites; and Phencyclidine (PCP). If Harnett County wants to test for more drugs or drug classes, then another specimen must be taken from the employee Harnett County Drug and Alcohol Policy October 2014, November 2009 Revised Dec 1998 Adopted Page 6 of 19 <<100614 HC BOC Package Page 1>> and under a separate circumstance for testing. For example, if a DOT regulated employee's name is drawn under random testing, then the five drugs can be tested from the specimen provided by the employee. If Harnett County wants to test for other drugs, it cannot use the random-testing drawing to collect that specimen. The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance, which carries a warning label that indicates that mental functioning, motor skills or judgment may be adversely affected, must be reported to the employee's supervisor. Such reporting will be prior to the employee performing any safety-sensitive duties. In addition, the employee must obtain a written release from the attending physician releasing the person to perform their job duties any time they obtain a performance-altering prescription. A legally prescribed drug means that individual has a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. It must include the patient's name, the name of the substance, quantity/amount to be taken, and the period of authorization. The misuse or abuse of legal drugs while performing transit business or safety-sensitive duties is prohibited. The use of beverages containing alcohol or substances including any medication, mouthwash, food, candy or any other substance such that alcohol is present in the body while performing transit business is prohibited. The concentration of alcohol is expressed in terms of alcohol per 210 liters of breath as measured by an evidential breath-testing device. Split specimen Any covered employee who questions the results of a US DOT required drug test under this policy may request that the split sample be tested. The split sample test must be conducted at a second HHS-certified laboratory. The test must be conducted on the split sample that was provided by the employee at the same time as the primary sample. The method of collecting, storing, and testing the split sample will be consistent with the procedures set forth in 49 CFR Part 40, as amended. The employee's request for a split sample test must be made to the Medical Review Officer within 72 hours of notice of the original sample verified test result. Requests after 72 hours will only be accepted at the discretion of the MRO if the delay was due to documentable facts that were beyond the control of the employee. Harnett County will ensure that the cost for the split specimen are covered in order for a timely analysis of the sample, however Harnett County will seek reimbursement for the split sample test from the employee. If the analysis of the split specimen fails to confirm the presence of the drug(s) detected in the primary specimen, if the split specimen is not able to be analyzed, or if the results of the split specimen are not scientifically adequate, the MRO will declare the original test to be canceled. If the split specimen is not available to analyze the MRO will direct Harnett County to retest the employee under direct observation. The split specimen will be stored at the initial laboratory until the analysis of the primary specimen is completed. If the primary specimen is negative, the split will be discarded. If the primary specimen is positive, it will be retained in frozen storage for one year and the split specimen will also be retained for one year. If the primary is positive, the primary and the split will be retained for longer than one year for testing if so requested by the employee through the Medical Review Officer, or by the employer, by the MRO, or by the relevant DOT agency. Substituted specimen is a specimen with values so diminished or different that they are not consistent with human urine. Substance Abuse Professional means a licensed physician (1) medical doctor or (2) doctor of osteopathy) or a (3) licensed or certified (4) psychologist, (5) social worker, (6) employee assistance professional, (7) state-licensed marriage and family therapist, or (8) drug and alcohol counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission, the International Certification Reciprocity Consortium/Alcohol and other Drug Abuse (ICRC), or by the National Board for Certified Counselors, Inc. and Affiliates/Master Addictions Counselor (NBCC)) with knowledge of and clinical experience in the diagnosis and treatment of both drug-and alcohol-related disorders. Supervisor, in general, means any employee who has the authority to direct the job activities of one or more other employee(s). With respect to a particular employee, the term means such Harnett County Drug and Alcohol Policy October 2014, November 2009 Revised Dec 1998 Adopted Page 7 of 19 <<100614 HC BOC Package Page 1>> employee's immediate supervisor and all persons having direct supervisory authority over such employee. Unannounced Follow-Up Testing is testing conducted on an employee on a periodic, unannounced basis, following his or her return to work from an approved drug or alcohol rehabilitation program. All unannounced, follow-up testing will be conducted by direct observation. Workplace means the location or facility where an employee may be expected to perform any task related to the requirements of his or her job. This includes break rooms and restrooms, outdoor worksites, Harnett County or personal vehicles (while personal vehicle is being used for Harnett County business), computer work stations, conference rooms, hallways, private offices, open/partitioned work areas, public contacUcustomer service/medical services areas, and parking lots or at any other location or facility for which he or she is entitled to receive pay from Harnett County. IV. DRUG AND ALCOHOL TESTING FOR SAFETY -SENSITIVE EMPLOYEES A. This section applies to all safety~sensitive employees and contractors when they are on Harnett County property or when performing any Harnett County business including transit-related safety-sensitive business. This policy applies to off-site lunch periods or breaks when an employee is scheduled to return to work. Visitors, vendors, and contractor employees are governed by this policy while on Harnett County premises and will not be permitted to conduct business if found to be in violation of this policy. B. Safety-sensitive Employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession or use of prohibited substances on Harnett County premises, in vehicles, in unifonn or while on Harnett County Business. Employees who violate this provision will be subject to disciplinary action up to and including termination. law enforcement shall be notified, as appropriate, where criminal activity is suspected. c. Any employee who is reasonably suspected of being intoxicated, impaired, under the influence of a prohibited substance, or not fit for duty shall be suspended from job duties pending an investigation and verification of condition. Employees found to be under the influence of prohibited substance or who fail to pass a drug or alcohol test shall be removed from duty and subject to disciplinary action including termination. A drug or alcohol test is considered positive if the individual is found to have a quantifiable presence of a prohibited substance in the body above the minimum thresholds defined in 49 CFR Part 40, as amended. D. No safety-sensitive employee should report for duty or remain on duty when his/her ability to perform assigned safety-sensitive functions is adversely affected by alcohol or when his/her breath alcohol concentration is 0.02 or greater. No safety-sensitive employee shall use alcohol or prohibited drugs while on duty, in uniform, while performing safety-sensitive functions, nor just before or just after performing a safety-sensitive function. No safety-sensitive employee shall use alcohol within four (4) hours prior to performing a safety- sensitive function, or during hours that they are on-call. All safety-sensitive employees are prohibited from reporting for duty or remaining on duty at any time there is quantifiable presence of a prohibited substance in the body above the minimum thresholds defined in 49 CFR Part 40, as amended. Violation of these provisions is prohibited and punishable by disciplinary action up to and including termination. Employees that violate this policy as a result of a positive or refused drug or alcohol test required by FTA or FMCSA shall be immediately removed from the Harnett County Drug and Alcohol Policy October2014, November2009 Revised Dec 1998Adopted Page 8 of 19 <<100614 HC BOC Package Page 1>> performance of safety-sensitive functions and referred to a USDOT qualified Substance Abuse Professional. F. Compliance with Testing Requirements. All safety-sensitive employees will be subject to urine drug testing and alcohol testing as a condition of employment. Any safety-sensitive employee who refuses to comply with a request for testing shall be removed from duty and their employment terminated. Any safety-sensitive employee who is suspected of providing false information in connection with a test, or who is suspected of falsifying test results through tampering, contamination, adulteration, or substitution will be required to undergo direct observation collection. Verification of these falsifying actions will result in the employee's removal from duty and their employment terminated. G. Drug tests can be performed any time a safety-sensitive employee is on duty. A reasonable suspicion or random alcohol test can only be performed when the safety-sensitive employee is actually performing a safety-sensitive duty, just before, or just after the performance of safety-sensitive duty. During normal duty hours, employees will be sent to the facility designated by Harnett County and approved for testing. After duty hours, when offices are closed or unable to perform the test(s}, employees will be referred to a facility specified by the Drug and Alcohol Program Manager. H. Pre-Employment. Applicants determined to be final candidates for a safety- sensitive position shall undergo a drug screening. Receipt of a verified negative drug test result is required prior to offer of employment or performance of safety-sensitive duties. A pre-employment/pre-transfer test will also be performed anytime an employee's status changes from an inactive status in a safety-sensitive position to an active status in a safety-sensitive position (i.e. return from Worker's Compensation Programs, return from absence). 1. All applicants for DOT safety positions (FTA Drivers, Dispatchers and Mechanics and FMCSA, Public Utilities (PUU) employees required to have a COL) will give consent to have their drug and alcohol records checked. If the applicant refuses to give consent he/she will not be hired or transferred into the safety-sensitive position. The following information will be sought from DOT regulated employers who have employed the candidate during any period during the two years before the date of the applicant's application or transfer for applicants for FTA covered positions and during any period during the three years before the date of the applicant's application or transfer for applicants for FMCSA covered positions: 1. Alcohol tests with a result of 0.04 or higher alcohol concentration; 2. Verified positive drugs tests; 3. Refusals to be tested (including verified adulterated or substituted drug test results); 4. Other violations of DOT agency drug and alcohol testing regulations, and: 5. With respect to any candidate who violated a DOT drug and alcohol regulation, documentation of the applicant's successful completion of DOT return-to-duty requirements (including follow-up tests). If the previous employer does not have information about the return-to-duty process (e.g., an employer who did not hire an employee who tested positive on a pre- employment test), then information will be sought directly from the applicant verbally and in writing. J. The information obtained from a previous employer includes any drug or alcohol test information obtained from previous employers under 49 CFR Part 40 Subpart A, Section 40.25 or other applicable DOT agency regulations. Harnett County Drug and Alcohol Policy October 2014, November 2009 Revised Dec 1998 Adopted Page 9 of 19 <<100614 HC BOC Package Page 1>> K. The above information will be obtained before the applicant first performs safety·sensitive functions. It this is not feasible, the information must be obtained as soon as possible. The applicant will not be permitted to perform safety-sensitive functions after 30 days from the date on which the applicant first performed safety-sensitive functions, uniess the information has been received or a good faith effort to obtain the information has been made. L. If information that the applicant has violated a DOT agency drug and alcohol regulations is obtained, the applicant will not be asked to perform safety- sensitive functions unless there is also obtained information that the applicant has subsequently complied with the return-to-duty requirements of 49 CFR Part 40 Subpart 0 and DOT agency drug and alcohol regulations. M. Harnett County will provide to each of the employers, from whom it requests information, written consent for the release of the information cited above. N. The release of information must be in written form (e.g., fax, under cover, e- mail, or letter) that ensures confidentiality. A written record of the information released, including the date, the party to whom it was released and a summary of the information provided will be maintained. 0. Upon receiving written consent from the applicant, the requested information from the DOT regulated employer making the inquiry will be immediately released. P. As requester or releaser, Harnett County will maintain a written, confidential record of the information obtained or released or the good faith efforts made to obtain the information. The information will be maintained for a minimum of three years from the date of the applicant's first performance of safety-sensitive functions. Q. The applicant will also be asked whether he or she has tested positive, or refused to test, on any pre-appointment drug or alcohol test administered by an employer to which the candidate applicant applied for, but did not obtain, safety-sensitive work covered by DOT agency drug and alcohol rules during the past two years for FT A covered positions and three years for FMCSA covered positions. If the applicant admits that he or she had a positive test or refusal to test, the applicant will not be used to perform safety-sensitive functions, until and unless the applicant documents successful completion of the return-to- duty process described in this policy. R. In instances where an FTA covered employee does not perform a safety- sensitive function for a period of 90 consecutive days or more regardless of reason, and during that period is not in the random testing pool, the employee will be required to take a pre-employment drug test under 49 CFR Part 655 and have negative test results prior to the conduct of safety-sensitive functions. S. In instances where an FMCSA covered employee does not perform a safety- sensitive function for a period of 30 consecutive days or more regardless of reason, and during that period is not in the random testing pool, the employee will be required to take a pre-employment drug test and have negative test results prior to the conduct of safety-sensitive functions, T. Post Accident. All covered employees will be required to undergo urine and breath testing if they are involved in an accident as defined in Section C of this policy. FTA Fatal Accident-All FTA covered employees involved in an accident with a transit vehicle regardless of whether or not the vehicle is in revenue service that results in a fatality will be tested, including all surviving covered employees that Harnett County Drug and Alcohol Policy October 2014, November 2009 Revised Dec 1998 Adopted Page 10 of 19 <<100614 HC BOC Package Page 1>> are operating the vehicle at the time of the accident and any other whose performance could have contributed to the accident. FMCSA Fatal Accident-All FMCSA covered drivers who were performing safety- sensitive functions with respect to the vehicle involved in an accident with a commercial motor vehicle operating on a public road in commerce that results in a fatality will be tested. FTA Non-Fatal Accident -A post-accident test of the operator will be conducted if an accident results in injuries requiring immediate transportation to a medical treatment facility; or one or more vehicles incurs disabling damage, unless the operator's performance can be completely discounted as a contributing factor to the accident. FMCSA Non-Fatal Accident -A FMCSA post-accident test will be conducted on all drivers who were performing safety-sensitive functions with respect to the commercial motor vehicle who receive a citation within 8 hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved bodily injuries requiring immediate medical treatment away from the scene; or one or more vehicles incurs disabling damage. As soon as practicable following an accident, as defined in this policy, the supervisor investigating the accident will notify the covered employee(s) operating of the need for the test. The supervisor will make the determination using the best information available at the time of the decision. The appropriate supervisor shall ensure that an employee, required to be tested under this section, is tested as soon as practicable, but no longer than eight (8) hours of the accident for alcohol, and no longer than 32 hours for drugs. If an alcohol test is not performed within two hours of the accident, the Supervisor will document the reason(s) for the delay. If the alcohol test is not conducted within (8) eight hours, or the drug test within 32 hours, attempts to conduct the test must cease and the reasons for the failure to test documented. Any covered employee involved in an accident must refrain from alcohol use for eight (8) hours following the accident, or until he/she undergoes a post-accident alcohol test. An employee who is subject to post-accident testing who fails to remain readily available for such testing, including notifying a supervisor of his or her location if he or she leaves the scene of the accident prior to submission to such test, may be deemed to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident, or to prohibit an employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care. In the rare event that Harnett County is unable to perform an FTAIFMCSA drug and alcohol test (i.e., employee unconscious, employee detained by law enforcement agency), Harnett County may use drug and alcohol post-accident Harnett County Drug and Alcohol Policy October2014, November2009 Revised Dec 1998Adopted Page 11 of 19 <<100614 HC BOC Package Page 1>> test results administered by local law enforcement officials in lieu of the FT AJFMCSA test. The local law enforcement officials must have independent authority for the test and the employer must obtain the results in conformance with local law. U. Reasonable Suspicion. All FTAIFMCSA covered employees will be subject to a reasonable suspicion drug and/or alcohol test when the employer has reasonable suspicion to believe that the covered employee has used a prohibited drug and/or engaged in alcohol misuse. Reasonable suspicion shall mean that there is objective evidence, based upon specific, contemporaneous, articulable observations of the employee's appearance, behavior, speech or body odor that are consistent with possible drug use and/or alcohol misuse. Reasonable suspicion referrals must be made by one or more supervisors who are trained to detect the signs and symptoms of drug and alcohol use, and who reasonably concludes that an employee may be adversely affected or impaired in his/her work performance due to possible prohibited substance abuse or alcohol misuse. See Section Ill, Definitions. A reasonable suspicion alcohol test can only be conducted just before, during, or just after the performance of a safety-sensitive job function. A reasonable suspicion drug test can be performed any time the covered employee is on duty. V. Random Testing. Employees designated as safety-sensitive, as defined by the DOT guidelines, will be tested on an unannounced basis throughout the year. The selection of safety-sensitive employees for random testing will be made using a scientifically valid method that ensures each covered employee that they will have an equal chance of being selected each time selections are made. The random tests will be unannounced and spread throughout the year. Tests can be conducted at any time during an employee's shift (i.e. beginning, middle, end or otherwise in a paid, on duty, status.) Employees are required to proceed immediately to the collection site upon notification of their random selection. Random tests can be conducted at any time during an employee's shift for drug testing. Alcohol random tests can be performed just before, during, or just after the performance of a safety sensitive duty. W. Return to Duty. All safety-sensitive employees who previously tested positive on a drug or alcohol test will be subject to disciplinary action up to and including termination. However, in the rare event an employee is reinstated with court order or other action beyond the control of the county, the employee must completed the return-to-duty process prior to the performance of safety- sensitive functions. All covered employees who previously tested positive on a drug or alcohol test or refused a test, must test negative for drugs, alcohol (below 0.02 for alcohol), or both and be evaluated and released by the Substance Abuse Professional before returning to work. For an initial positive drug test a Return-to-Duty drug test is required and an alcohol test is allowed. For an initial positive alcohol test a Return-to-Duty alcohol test is required and a drug test is allowed. Following the initial assessment, the SAP will recommend a course of rehabilitation unique to the individuaL The SAP will recommend the return-to-duty test only when the employee has successfully completed the treatment requirement and is known to be drug and alcohol-free and there are no undo concerns for public safety. X. Follow-Up. Covered employees that have returned to duty following a positive or refused a test will be required to undergo frequent, unannounced drug and/or alcohol testing following their return-to-duty test. The follow-up testing Harnett County Drug and Alcohol Policy October2014, November2009 Revised Dec 1998Adopted Page 12 of 19 <<100614 HC BOC Package Page 1>> will be performed for a period of one to five years with a minimum of six tests to be performed the first year. The frequency and duration of the follow-up tests (beyond the minimums) will be determined by the SAP reflecting the SAP's assessment of the employee's unique situation and recovery progress. Follow-up testing should be frequent enough to deter and/or detect a relapse. Follow-up testing is separate and in addition to the random, post-accident, reasonable suspicion and return-to-duty testing. Y. No safety-sensitive employee shall use alcohol within four hours before going on duty or performing a safety-sensitive function. No employee shall use alcohol within eight hours following involvement in an accident or until he/she submits to the post-accident drug/alcohol test, whichever occurs first. Z. According to USDOT regulations, no employee shall report for duty or remain on duty in a safety-sensitive function while having an alcohol concentration of greater than 0.02; however, Harnett County will not allow any employee to report for duty or remain on duty in a safety-sensitive function while having an alcohol concentration of greater than 0.00. An employee in a safety-sensitive function who reports to work and whose alcohol test result indicates a level of alcohol greater than 0.04 in the employee's system shall be considered to have a positive alcohol test and shall be subject to discipline as described below. An employee who reports to work and whose alcohol test result indicates a level of alcohol greater than 0.00 but less than 0.02 will be subject to discipline as described in this policy. AA. A safety-sensitive employee who has a confirmed alcohol concentration of greater than 0.02 but less than 0.04 will be removed from his/her position for at least eight hours for and 24 hours for FMCSA unless a retest results in a concentration measure of less than 0.02. The inability to perform safety-sensitive duties due to an alcohol test result of greater than 0.02 but less than 0.04 will be considered an unexcused failure to be able to perform the essential duties of the position and will subject the employee to disciplinary action up to and including termination. An alcohol concentration of 0.04 or greater will be considered a positive alcohol test and in violation of this policy and a violation of the requirements set forth in 49 CFR Part 655 for safety~sensitive employees. 88. Any safety-sensitive employee that has confirmed positive drug or alcohol test will be removed from his/her position, informed of educational and rehabilitation programs available, and referred to a Substance Abuse Professional (SAP) for assessment. A positive drug and/or alcohol test will also result in disciplinary action up to and including termination. The Human Resources Department will be consulted prior to such discipline being imposed. Harnett County Drug and Alcohol Policy October 2014, November 2009 Revised Dec 1998 Adopted Page 13 of 19 <<100614 HC BOC Package Page 1>> V. DRUG AND ALCOHOL TESTING POLICY FOR ALL EMPLOYEES OTHER THAN SAFETY SENSITIVE A. Prohibited Substances addressed by this policy include the following: ILLEGAL DRUGS OR CONTROLLED SUBSTANCES. The use of any illegal drug or any substance identified in Schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), as further defined by 21 CFR 1300.11 through 1300.15 is prohibited at all times unless a legal prescription has been written for the substance. This includes, but is not limited to: marijuana, amphetamines, opiates, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. If Harnett County wants to test for other drugs, it cannot use the random-testing drawing to collect that specimen. LEGAL DRUGS. The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of any substance, which carries a warning label that indicates that mental functioning, motor skills or judgment may be adversely affected, must be reported to the employee's supervisor. Such reporting will be prior to the employee performing any safety-sensitive duties. In addition, the employee must obtain a written release from the attending physician releasing the person to perform their job duties any time they obtain a performance-altering prescription. A legally prescribed drug means that individual has a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. It must include the patient's name, the name of the substance, quantity/amount to be taken, and the period of authorization. The misuse or abuse of legal drugs while performing transit business or safety-sensitive duties is prohibited. ALCOHOL The use of beverages containing alcohol or substances including any medication, mouthwash, food, candy or any other substance such that alcohol is present in the body while performing transit business is prohibited. The concentration of alcohol is expressed in terms of alcohol per 210 liters of breath as measured by an evidential breath-testing device. B. The unlawful manufacture, distribution, dispensing, possession, storage, purchase, or use of prohibited substances by all Harnett County employees is prohibited. Employees who violate this provision will be subject to disciplinary action up to and including termination. The Human Resources Department will be consulted prior to such discipline being imposed. Law enforcement shall be notified, as appropriate, where criminal activity is suspected. Harnett County Drug and Alcohol Policy October 2014, November 2009 Revised Dec 1998 Adopted Page 14 of 19 <<100614 HC BOC Package Page 1>> C. All employees may be subject to a fitness for duty evaluation, and urine and/or breath testing when there are reasons to believe that drug or alcohol use is adversely affecting job performance. Any employee who is reasonably suspected of being intoxicated, impaired, under the influence of a prohibited substance, or not fit for duty shall be suspended from job duties pending an investigation and verification of condition. D. In accordance with Section Ill of this policy, a reasonable suspicion referral for testing will be made on the basis of documented objective facts and circumstances consistent with the short-term effects of substance abuse or alcohol misuse by a trained supervisor or official of the locality where the covered employee has reported for duty is on duty. E. Before any reasonable-suspicion drug test shall be conducted, the factors giving rise to reasonable suspicion shall be reviewed with and approved by the Department Director in consultation with Human Resources. A written record shall be made of the observations leading to a reasonable-suspicion drug or alcohol test and signed by the supervisor or departmental designee who made the observations within twenty-four hours of the observed behavior or before the results of the controlled-substances test are released, whichever is earlier. F. Employees found to be under the influence of prohibited substance(s) or who fail to pass a drug or alcohol test shall be removed from duty and subject to disciplinary action up to and including termination. A drug or alcohol test is considered positive if the individual is found to have a quantifiable presence of a prohibited substance in the body above the minimum thresholds G. A reasonable suspicion alcohol test shall be administered no later than eight hours following the determination of reasonable suspicion. If the alcohol test is not administered within eight hours following the determination of reasonable suspicion or the accident, the supervisor shall cease attempts to administer the test and must document the reason(s) for not administering the test. In the event an alcohol test is not administered within the eight hour time frame, the following should occur: 1. No employee shall be allowed to remain on duty until an alcohol test is administered and the employee's alcohol concentration measures less than 0.02, or 2. Twenty-four hours have elapsed following the determination of reasonable suspicion. H. No employee may refuse to submit to an alcohol test as required by this policy or DOT regulations. 1. Any employee involved in an accident that results in a fatality will be required to undergo urine and breath testing if they are involved in an accident while on duty or operating a Harnett County vehicle (regardless of whether or not the vehicle is in revenue service). This includes all surviving safety-sensitive employees that operated the vehicle and any others whose performance could have contributed to the accident. J. In addition, a post-accident test will be conducted if an accident results in injuries requiring immediate transportation to a medical treatment facility; or one or more vehicles incurs disabling damage; unless the employee can be completely discounted as a contributing factor to the accident. The accident definition may include some incidents where an individual is injured even though there is no vehicle collision. K. Following an accident, the emp!oyee(s) will be tested as soon as possible, but not to exceed eight hours for alcohol testing and 32 hours for drug testing. L. Any employee involved in an accident must refrain from alcohol use for eight hours following the accident or until he/she undergoes a post-accident alcohol test. M. Any employee who leaves the scene of the accident without justifiable explanation prior to submission to drug and alcohol testing will be consider to have refused the test and their employment terminated. N. Employees tested under this provision will include not only the operations personnel, but also any other covered employee whose performance could have contributed to the accident. Harnett County Drug and Alcohol Policy October 2014, November 2009 Revised Dec 1998 Adopted Page 15 of 19 <<100614 HC BOC Package Page 1>> 0. Any employee who is suspected of providing false information in connection with a test, or who is suspected of falsifying test results through tampering, contamination, adulteration, or substitution will be required to undergo a direct observation collection. Verification of these actions will result in the employee's removal from duty and their employment terminated. Refusal can include an inability to provide a sufficient urine specimen or breath sample without a valid medical explanation, as well as a verbal declaration, obstructive behavior, or non-approved physical absence resulting in the inability to conduct the test P. All employees are encouraged to make use of the available resources for treatment for alcohol misuse and violations of illegal drug use policies. Under certain circumstances, employees may be required to undergo treatment for substance abuse or alcohol misuse. Any employee who refuses or fails to comply with requirements for treatment, after care, or return to duty shall be subject to disciplinary action, up to and including termination. The cost of any treatment or rehabilitation services will be paid for directly by the employee or their insurance provider. Employees will be allowed to take accumulated sick leave and vacation leave to participate in the prescribed rehabilitation program. An employee may have one (once in a lifetime) opportunity under this program. Employees may be either referred or make self-referral to a counseling professional. Q. All employees are required to notify Harnett County through their supervisor(s) or the Human Resources Office of any criminal drug statute conviction for a violation occurring in the workplace within five days after such conviction, as required by the Drug-Free Workplace Act. Failure to comply with this provision shall result in disciplinary action, up to and including termination. R. Employees who are terminated as a result of a violation of this policy shall be referred to for evaluation and further counseling or treatment by a substance abuse professional. s. Employees who have previously tested positive on a drug or alcohol test and who are allowed to reenter the workforce must agree to a re-entry contract. That contract may include, but is not limited to: 1. A release to work from the counseling professional 2. A negative test for drugs and/or alcohol 3. An agreement to unannounced frequent follow-up testing for a period of (1) one to (5) five years with at least (6) six tests performed the first year. 4. A statement of work-related behaviors. 5. An Agreement to follow specified after-care requirements with the understanding that violation of the re-entry contract will be grounds for termination. VI. TESTING PROCEDURES All testing conducted on employees subject to USDOT regulations will be conducted in accordance with 49 CFR Part 40 and the appropriate Agency regulations. Vlt EMPLOYEE ASSESSMENT A. Any employee who tests positive for the presence of illegal drugs or alcohol above the minimum thresholds set forth in 49 CFR Part 40, as amended, will be referred for evaluation by the SAP. The SAP will evaluate each employee to determine what assistance, the employee needs in resolving problems associated with prohibited drug use or alcohol misuse. B. Assessment by the SAP or participating in an Employee Assistance Program does not shield an employee from disciplinary action or guarantee employment or reinstatement. Harnett County Drug and Alcohol Policy October 2014, November 2009 Revised Dec 1998 Adopted Page 16 of 19 <<100614 HC BOC Package Page 1>> The Human Resources Department should be consulted prior to any discipline being imposed. C. If a safety-sensitive employee is allowed to return-to-duty, he/she must properly follow the rehabilitation program prescribed by the SAP, the employee must have negative return-to-drug and alcohol tests, and be subject to unannounced follow- up testing for a period of one to five years. The cost of any treatment or rehabilitation services will be paid directly by the employee or by his/her insurance provider. Employees will be allowed to take accumulated sick leave and vacation leave to participate in the prescribed rehabilitation program. VIII. INFORMATION DISCLOSURE 1) Drug/alcohol testing records shall be maintained by the Harnett County Drug and Alcohol Program Manager and, except as provided below or by law, the results of any drug/alcohol test shall not be disclosed without express written consent of the tested employee. 2) The employee, upon written request, is entitled to obtain copies of any records pertaining to their use of prohibited drugs or misuse of alcohol including any drug or alcohol testing records. Covered employees have the right to gain access to any pertinent records such as equipment calibration records, and records of laboratory certifications. Employees may not have access to SAP follow-up testing plans. 3) Records of a verified positive drug/alcohol test result shall be released to the Drug and Alcohol Program Manager, and other transit management personnel on a need to know basis. 4) Records will be released to a subsequent employer only upon receipt of a written request from the employee. 5) Records of an employee's drug/alcohol tests shall be released to the adjudicator in a grievance, lawsuit, or other proceeding initiated by or on behalf of the tested individual arising from the results of the drug/alcohol test. The records will be released to the decision maker in the preceding. 6) Records will be released to the National Transportation Safety Board during an accident investigation. 7) Information will be released in a criminal or civil action resulting from an employee's performance of safety-sensitive duties, in which a court of competent jurisdiction determines that the drug or alcohol test information is relevant to the case and issues an order to the employer to release the information. The employer will release the information to the decision maker in the proceeding with a binding stipulation that it will only be released to parties of the proceeding. 8) Records will be released to the DOT or any DOT agency with regulatory authority over the employer or any of its employees. Harnett County Drug and Alcohol Policy October 2014, November 2009 Revised Dec 1998 Adopted Page 17 of 19 <<100614 HC BOC Package Page 1>> 9) Records will be released if requested by a Federal, state or local safety agency with regulatory authority over Harnett County or the employee. 1 0) If a party seeks a court order to release a specimen or part of a specimen contrary to any provision of Part 40 as amended, necessary legal steps to contest the issuance of the order will be taken 11)1n cases of a contractor or sub-recipient of a state department of transportation, records will be released when requested by such agencies that must certify compliance with the regulation to the FTNFMCSA. IX. SUPERVISORY RESPONSIBLITIES Every supervisor shall: A. Consistently apply this policy to all employees under his or her supervision. A supervisor, who fails to apply this policy when he or she believes, or reasonably should believe, that an employee under his or her supervision has committed a violation, will be disciplined. B. Initiate the process for having an employee drug or alcohol tested if there is reasonable suspicion that an employee under his or her supervision, when such employee is on duty, has an illegal drug or alcohol in his or her system or is using any legal drug in a manner other than it was intended. C. Insure that employees he or she supervises are aware of the requirements and consequences of this policy. D. Follow the procedure established by the department director assuring that an employee who is to be tested for alcohol or other drugs is transported to the designated test site, and that those employees for whom there is reasonable suspicion of substance abuse or who have had an alcohol test result of greater than 0.00 are transported home-either by personal family/friends or by arranged transportation. Supervisors will also receive 60 minutes of reasonable suspicion training on the physical, behavioral, and performance indicator of probable drug use and 60 minutes of additional reasonable suspicion training on the physical, behaviors, speech, and performance indicators of probably alcohol misuse. F. Since the Sheriff and the Register of Deeds are elected officials, drug free workplace issues in the Sheriff's Department and in the Register of Deeds Office shall be the responsibilities of these officials respectively. The Sheriffs Department shall be responsible for reporting test results to the North Carolina Sheriffs Education and Training Standards Commission on personnel holding certification from that Commission as required. X. EMPLOYEE RESPONSIBILITIES Every applicant and employee will be given a copy of "Rights and Responsibilities under the North Carolina Controlled Substance Examination Act" prior to being tested. Every employee shall: A. Abide by this policy as a condition of employment. B. Comply with all applicable laws regulating the manufacture, distribution, dispensing, use or possession of illegal drugs, alcohol, or prescription drugs. Harnett County Drug and Alcohol Policy October 2014, November 2009 Revised Dec 1998 Adopted Page 18 of 19 <<100614 HC BOC Package Page 1>> C. Assure that his or her ability to perform his or her job duties is not negatively affected due to use of a drug or alcohol when scheduled to report to work or when on "on call" status. Should any employee be requested to report to work for a safety-sensitive job earlier than his or her normal or previously assigned time, it is the employee's responsibility to advise his or her supervisor of an inability to perform his or her job duties or that he or she has consumed alcohol within the last four (4) hours prior to reporting for duty. If the employee had received prior notice that he or she might be called back into work, the employee shall be considered AWOL if he or she is unable to report to duty. An employee may be subject to other disciplinary action due to inability to report for duty. D. Submit immediately to a drug or alcohol test when directed by his or her supervisor. E. Notify his or her department director, if convicted of a violation of a criminal drug statute and such violation occurred while the employee was on duty, within five days after such conviction, as required by the Drug-Free Workplace Policy. F. Notify his or her department head, if arrested off the job for Driving While Impaired (OWl) or Driving under the Influence (DUI) or for the use, sale, or possession of a controlled dangerous substance, within forty-eight (48) hours of the incident. The department head shall investigate the incident, and if it is found to have a direct relationship to the employee's job duties and responsibilities, appropriate action may be taken. G. AH safety-sensitive employees will undergo a minimum of 60 minutes of training on the signs and symptoms of drug use including the effects and consequence of drug use on personal health, safety, and the work environment. The training must also include manifestations and behavioral clues that may indicate prohibited drug use. XI. SYSTEM CONTACTS Any questions regarding this policy or any other aspect of the drug free and alcohol-free program should contact the Human Resources Department/Human Resources Director. XII. EFFECTIVE DATE All provisions of this policy will become effective on the date of approval by the Harnett County Board of Commissioners. Harnett County Drug and Alcohol Policy October 2014, November 2009 Revised Dec 1998 Adopted Page 19 of 19 <<100614 HC BOC Package Page 1>> Board Meeting Agenda Item MEETING DATE: October 6, 2014 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Senior Zoning Inspector Reclassification REQUESTED BY: Mark Locklear, Planning Services Director REQUEST: This request is to reclassify the position of Senior Zoning Inspector held by Randy Baker from a Grade 69 to a Grade 71. Mr. Baker has expanded the role of Senior Zoning Officer to include additional duties ouside of the normal duties of a Zoning Officer. Some of these duties include the following: 1. Coordinate and perform code enforcement activities in the Town of Angier. a.) Performs minimum housing inspections and engage in condemnation proceedings. b.) Create new programs and conduct annual inspections. c.) Make presentations and recommendations to the town board. d.) Draft and file ordinances related to minimum housing enforcement. 2. Conduct research and draft language for proposed ordinances and text amendments. 3. Assist other departmenfsin the drafting, interpretation and enforcement of various documents. Current Salary 47,563.00 Proposed Salary 51,743.00 COUNTY MANAGER'S RECOMMENDATION: C:\Users\gwheeler\AppData \Local \Microsoft\ Windows\ Temporary Internet Files\Content. Outlook\Z5TP9EAN\RandyBakerReclassagendaforrn20 14 CC.doc l ofl Page <<100614 HC BOC Package Page 1>> Board Meeting Agenda Item Agenda Item l/,. ;r= MEETING DATE: October 6, 2014 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Backup Viper Radio's REQUESTED BY: IT Department (GIS/E911 Division) REQUEST: To purchase 2 additional Motorola Viper Radio's "APX7500" from Motorola for $15,349.50 using sole source. The 2 additional radios are needed in 911 Center. This is a 911 eligible expense and will be paid out of the Emergency Telephone System Budget (Fund 240) account number 240-5900-420.74-74. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: S:\BOC\agendaform20 14-1 006-Motorola.doc Page 1 of! <<100614 HC BOC Package Page 1>> Quote Number: QUM029ll6l M'0T01104A SOLUTIONS Effective: lO SEP 2014 EffediveTo: 09NOV2014 Bill-To: HARNB'IT COUNTY SHBRlFP POBOX760 LILLINGTON, NC 27546 United States Attention: mtlmate DestiutiQ;; HARNETr COUNTY SHERIFF 175BAINST · LILI.JNOTON, NC 27546 United States Sales Contact Name: Jobn Briggs Name: Maj. Gary McNeill Phene: 910 893 0102 EIIUII: jbriggs@amerlzon.com none: 9102372635 Centrad: Nnmber: Freight terms: NC STATE NON ARIBA -725G FOB Destination Payment term~: Net30Due lam Qlllill1titJ NOIDelldature Deserlptl.oa 2 L30URS9l'WtAN APX1SOO SINGtB BAND 711!00 Ia l Oli06BB ADD: ASTitQ, DIGITAL CAl OPERATION lb 2 W382AM ADD: CONTROC STATION DBSK GCAl MlC lo 2 1.999AA ADD: RILL FP WJ'Il5Jian'PA.DICLOCitNU ld 2 CJA00232AD ENB: l YR. 8I'S L.I'l'B le 2 CJA00244AA ADD: 7fliOOMBZ PIUMARY BAND If 2 GSIAT ENH: SMAR'l'ZONB Ol'SRA110N MX lg 2 QA01749AB SWKEYSl'.lPJILBMIINTALDATA lh 1 036lAH ADD: P25 TR'lJN!CING SOi'TWAU ll 2 CAlllS'JIIAB ADD: AC LINllCORD US 2 98 SVCWSVC'Oll.ID SUBliCRlBBR 1'R.OGRAMMING 3 3600 SVCII3SVC'Oll4D SUBSCR.IBBlllN8I'ALL·CU8T LOCATION (Natas)(4) llOIIlpldlc ll"llllmlllll ~ wi1h im!ttidlalloo, fjDUIIIIl'aiglll'llemllt md II<-~ 4 2 Total Quote iD USD N.C. STATE CONTRACT 725-G THIS QUOTE IS BASBD ON Tim FOU.OW1NG: $7,419.00 $1.00 Sl.llO S5,67S.7S 51.00 Sl.CIIl SISO.OO 1 This quotation is provided to you for in:fur.mation purposes only and is not :intended to be an offer or a binding proposal. Sli,JSUO SJOO.OO $15,:349.50 If you wish to purchase the quoted produces. Motorola Solutions,. Inc. ("Motorola") will be pleased to provide you with our standani terms and conditions of sale (which wiD include the capitalized provisions below), or alternatively. receive your purchase order which will be acknowledged. <<100614 HC BOC Package Page 1>> Thank you for yom consideration of Motorola products. 2 Quotes are exclusive of all installation and programming charges (unless ~ly stated) and all applicable taxes. 3 Purchaser will be ~ible for shipping costs, which will be added to the mvoice. 4 Prices quoted are valid tbr tbirty(30) days ftom the date of this quote. 5 Unless otherwise stated, payment will be due wi1hin thirty days after invoice. Invoicing will occur concu:m!::illtly with shipping. MOTOROLA DISCLAIMS ALL OTIIBR WARR.ANTIES WITH RESPECT TO THE ORDERED PRODUCTS, EXPRESS OR IMPLIBD INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FTI'NESS FORA PARTICULAR PURPOSE. MOTOROLA'S TOTAL LIABJLITY ARISING FROM THE ORDERED PRODUCTS WlLL BE LJMITED TO THE PURCHASE PRICE OF THE PRODUCTS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARB CLAJMBD. IN NO HVENT WILL MOTOROLA BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. <<100614 HC BOC Package Page 1>> Quote Number: MOTOROLA SOLUTIONS Effective: Effective To: BiD~ To: HARNETT COUNTY SHERIFF POBOX760 LILLINGTON, NC 27546 United States Attention: Ultimate Destination: HARNETT COUNTY SHERIFF 175 BAINST LILLINGTON, NC 27546 United States Sales Contact: QU0000291261 10 SEP2014 09NOV2014 Name: Maj. Gary McNeill Phone: 910 893 0102 Name: John Briggs Email: jbriggs@amerizon.com Phone: 9102372635 Contract Number: Freight terms: NC STATE NON ARIBA -725G FOB Destination Payment terms: Net30Due Item Quantity Nomenclature Deseription 2 L30URS9PW IAN APX7500 SINGLE BAND 711!00 Ia 2 G806BE ADD: ASTRO. DIGITAL CAl OPERATION lb 2 W382AM ADD: CONTROL STATION DESK GCAI MIC lc 2 L999AA ADD:FULLFP W/05/KEYPAD/CLOCK/VU ld 2 GA00232AD ENH: 3 YR. SFS UTE le 2 GA00244AA ADD: 7/800MHZ PRIMARY BAND If 2 G51AT ENH: SMARTZONE OPERATION APX lg 2 QA01749AB SW KEY SUPPLEMENTAL DATA lb 2 G361AH ADD: P25 TRUNKJNG SOFTWARE li 2 CAOI598AB ADD: AC LINE CORD US 2 98 SVC03SVC01!5D SUBSCRIBER PROGRAMMING 3 3600 SVC03SVC0124D SUBSCRIBER INSTALL· CUST LOCATION (Notes)(4) complete anle!ma systems with installation, gmmding antellllll and tx line w!connectors 4 2 HKN6233C APX CONSOLETTE RACK MOUNT KIT Total Quote in USD N.C. STATE CONfRACT 725~G TillS QUOTE IS BASED ON THE FOLWWING: List price $7,489.00 SI.OO $1.00 $200.00 Your price $5,675.75 $1.00 $1.00 $150.00 1 This quotation is provided to you for information purposes only and is not intended to be an offer or a binding proposal. Extended Price Sll,351.50 $98.00 $3,600.00 $300.00 $15,349.50 If you wish to purchase the quoted products, Motorola Solutions, Inc. ("Motorola") will be pleased to provide you with our standard terms and conditions of sale (which will include the capitalized provisions below), or alternatively, receive your purchase order which will be acknowledged. <<100614 HC BOC Package Page 1>> Thank you for your consideration of Motorola products. 2 Quotes are exclusive of all installation and programming charges (unless expressly stated) and all applicable taxes. 3 Purchaser will be responsible for shipping costs, which will be added to the invoice. 4 Prices quoted are valid fur thirty(30) days from the date of this quote. 5 Unless otherwise stated, payment will be due within thirty days after invoice. Invoicing will occur concurrently with shipping. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE ORDERED PRODUCTS, EXPRESS OR IMPLIED INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOTOROLA'S TOTAL LIABILITY ARISING FROM THE ORDERED PRODUCTS WILL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. IN NO EVENT WILL MOTOROLA BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. <<100614 HC BOC Package Page 1>> Board Meeting Agenda Item Agenda Item MEETING DATE: October 6, 2014 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Retire Canine Justice REQUESTED BY: Sheriff Rollins REQUEST: To retire Canine Justice and award him to his handler Sergeant Timothy Bradley. Resolution attached. FINANCE OFFICER'S RECOMMENDATION: ()- COUNTY MANAGER'S RECOMMENDATION: C:\Users\MHAIRR\Desktop\20 14-20 15\Agenda Request\agenda fonn20 14 Hobart.doc 1 of 1 Page <<100614 HC BOC Package Page 1>> NORTH CAROLINA HARNETT COUNTY RESOLUTION THAT, WHEREAS, Deputy Timothy Bradley has been the handler for Canine Justice since 2007; and WHEREAS, with seven years of distinguished service to Harnett County, Canine Justice has been recommended for ret i. rement by Lillington Veterinary Cl c; and WHEREAS, Deputy Timothy Bradley has expressed an interest that Canine Justice be released to his care for the remainder of Justice's life; and WHEREAS, North Carolina General Statute 160A-267 permits the Harnett County Board of Commissioners to authorize the disposition of property valued at less than Thirty Thousand Dollars ($30,000.00) by private sale; NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that Canine Deputy Justice is hereby retired and is declared surplus to the needs of County of Harnett and is hereby awarded to Deputy Timothy Bradley for one dollar ($1.00). Duly adopted this day of 1 20 ------- HARNETT COUNTY BOARD OF COMMISSIONERS Chairman Miller ATTEST: Clerk to the Board <<100614 HC BOC Package Page 1>> Board Meeting Agenda Item Agenda Item lJ -. L MEETING DATE: October 6, 2014 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: NC DOT Municipal Agreement for Transportation Improvement Project REQUESTED BY: Joseph Jeffries, Deputy County Manager REQUEST: Administration requests approval of a Municipal Agreement for Transportation Improvement Project (TIP) U-3465, the widening ofSR 1121 (Ray Road) from NC 210 (Overhills Road) in Harnett County. At the request of the County, additional work will be included for sidewalks on Ray Road within the project limits and funding for sidewalk construction will be provided by FAMPO and NC DOT. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: Page <<100614 HC BOC Package Page 1>> STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PAT MCCRORY ANTIIONY J. TATA Go\'ER.'\OR SECRETARY Tommy Bums, County Manager County of Harnett P. 0. Box 759 Lillington,~<: 27546 September 8, 2014 SUBJEc:T: Municipal Agreement for Transportation Improvement Project (TIP) U-3465 Dear Mr. Bums, The attached Municipal Agreement is for roadway improvements and widening on SR 1121 (Ray Road) from ~C: 210 to SR 1120 (Overhills Road) in Harnett County. At the request of the County, additional work will be included for a sidewalk on Ray Road within the Project limits. The Department of Transportation is responsible for all phases of the Project. The Fayetteville Area Metropolitan Planning Organization (F AMPO) will provide funding for sidewalk construction using State Transportation Program Direct Attributable (S1P-DA) funds. The total estimated cost of the sidewalk construction is $360,288. F AMPO will provide 80% S1P-DA funds ($288,230) and the Department will provide the remaining 20% ($72,058) matching state funds. There is no estimated cost to the Countyforthe sidewalk Enclosed are two originals of the Agreement for approval by the Board of Commissioners and signatures from the appropriate authorities. Once signed, please return both originals to me at the mailing address below. One fully executed agreement will be sent back to you for your records. You can reach me at labillington@ncdot.gov or (919) 707-6628 if there are any questions. Enclosures Sincerely, " jeL 4LA ~lAd:A Lee Ann Billington, Omtdc~ ~fi;;; Local Programs Management Unit 1595 Mail Service Center Raleigh, ~C: 27699-1595 Ec: Ray Mcintyre, PE, STIP Manager Brian Robinson, Project Design Engineer Jerry Bradley, PE, Operations Engineer MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION TRANSPORTATION PROGRAM MANAGEMENT 1595 MAIL SERVICE CENTER RALEIGH NC 27699-1595 TELEPHONE: 919-707-6600 FAX: 919-212-5711 WEBSITE: WWW.NCDOT.GOV LOCATION: CENTURY CENTER COMPLEX ENTRANCE B·1 1020 BIRCH RIDGE DRIVE RALEIGH NC <<100614 HC BOC Package Page 1>> NORTH CAROLINA HARNED COUNTY NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AND COUNTY OF HARNETT TRANSPORT ATJON IMPROVEMENT PROJECT AGREEMENT WITH BETTERMENTS DATE: 9/25/2014 Tl P #: U-3465 WBS Elements: 39017.3.FD1 THIS AGREEMENT is made and entered into on the last date executed below, by and between the North Carolina Department of Transportation, an agency of the State of North Carolina, hereinafter referred to as the "Department" and the County of Harnett, a local government entity hereinafter referred to as the "County". W I T N E S S E T H: WHEREAS, the Department has plans to make certain street and highway constructions and improvements under Project U-3465 in Harnett County; said project having a right-of-way width as shown on plans on file with the Department's office in Raleigh, North Carolina; and, WHEREAS, this Agreement is made under the authority granted to the Department by the North Carolina General Assembly, including but not limited to, the following legislation: General Statutes of North Carolina (NCG S), Section 136-66.1, Section 160A-296 and 297, Section 136-18, and Section 20-169, to participate in the planning and construction of a Project approved by the Board of Transportation for the safe and efficient utilization of transportation systems for the public good; and, WHEREAS, the parties to this Agreement have approved the construction of said Project with cost participation and responsibilities for the Project as hereinafter set out. NOW, THEREFORE, the parties hereto, each in consideration of the promises and undertakings of the other as herein provided, do hereby covenant and agree, each with the other, as follows: SCOPE OF THE PROJECT The Project consists of roadway improvements and widening to SR 1121 (Ray Road) from NC 210 to SR 1120 (Overhills Road). At the request of the County, additional work will be included for a sidewalk on Ray Road within the Project limits. Agreement ID # 5187 <<100614 HC BOC Package Page 1>> PLANNING AND DESIGN 1. The Department shall prepare the environmental and/or planning document, obtain any environmental permits needed to construct the Project, and prepare the Project plans and specifications needed to construct the Project. All work shall be done in accordance with departmental standards, specifications, policies and procedures. RIGHT OF WAY 2. The Department shall be responsible for acquiring any needed right of way required for the Project. Acquisition of right of way shall be accomplished in accordance with the policies and procedures set forth in the North Carolina Right of Way Manual. It is understood by both parties that all work for the betterments shall be performed within the existing right of way. UTILITIES 3. A separate Utility Agreement will be prepared for relocation of County utilities. The County may exercise any rights which it may have under any franchise to effect all necessary changes, adjustments, and relocations of telephone, telegraph, and electric power lines; underground cables, gas lines, and other pipelines or conduits; or any privately -or publicly-owned utilities. CONSTRUCTION 4. The Department shall construct, or cause to be constructed, the Project in accordance with the plans and specifications of said Project as filed with, and approved by, the Department. The Department shall administer the construction contract for said Project. BETTERMENT COSTS AND FUNDING 5. The Fayetteville Area Metropolitan Planning Organization (FAMPO) will provide funding for sidewalk construction using State Transportation Program Direct Attributable (STP-DA) funds. The total estimated cost of the sidewalk construction is $360,288. FAMPO will provide 80% of the cost (estimated to be $288,230) and the Department will provide the remaining 20% of the cost (estimated to be $72,058). A Memorandum from the Executive Director of FAMPO stating the funding arrangement is attached and hereby made part of this Agreement. Agreement ID # 5187 2 <<100614 HC BOC Package Page 1>> MAINTENANCE 6. Upon completion of the Project, the County, at no expense to the Department, shall assume all maintenance responsibilities for the sidewalk and release the Department from all liability relating to such maintenance. ADDITIONAL PROVISIONS 7. It is the policy of the Department not to enter into any agreement with another party that has been debarred by any government agency (Federal or State). The County certifies, by signature of this agreement, that neither it nor its agents or contractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal or State Department or Agency. 8. To the extent authorized by state and federal claims statutes, each party shall be responsible for its respective actions under the terms of this agreement and save harmless the other party from any claims arising as a result of such actions. 9. All terms of this Agreement are subject to available departmental funding and fiscal constraints. 10. A copy or facsimile copy of the signature of any party shall be deemed an original with each fully executed copy of the Agreement as binding as an original, and the parties agree that this Agreement can be executed in counterparts, as duplicate originals, with facsimile signatures sufficient to evidence an agreement to be bound by the terms of the Agreement. 11. By Executive Order 24, issued by Governor Perdue, and N.C. G.S.§ 133-32, it is unlawful for any vendor or contractor ( i.e. architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), to make gifts or to give favors to any State employee of the Governor's Cabinet Agencies (i.e., Administration, Commerce, Correction, Crime Control and Public Safety, Cultural Resources, Environment and Natural Resources, Health and Human Services, Juvenile Justice and Delinquency Prevention, Revenue, Transportation, and the Office of the Governor). IT IS UNDERSTOOD AND AGREED upon that the approval of the Project by the Department is subject to the conditions of this Agreement. Agreement ID # 5187 3 <<100614 HC BOC Package Page 1>> IN WITNESS WHEREOF, this Agreement has been executed, in duplicate, the day and year heretofore set out, on the part of the Department and the County by authority duly given. L.S. ATTEST: HARNETT COUNTY BY: -----------------------------BY: ------------------------------ DATE: _________________________ DATE: ________________________ ___ N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any response in this procurement, you attest, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. (SEAL) This Agreement has been pre-audited in the manner required by the Local Government Budget and Federal Tax Identification Number Remittance Address: Harnett County DEPARTMENT OF TRANSPORT AT ION DATE: -------------------------- APPROVED BY BOARD OF TRANSPORTATION ITEM 0: -------------------(Date) Agreement ID # 5187 4 <<100614 HC BOC Package Page 1>> :\SP RT n .\ YE ('0\L\I!SS!O.'\ER TD! ~lC:'\ElLL Cli:\IR 1\ovember 30, 20 l 0 i'v1emorandum To: Matthew Potter, PE PO T:\:\ PI :--1r Ric:k lcicks~n. E:x~.:util<.: !lircc!or 130 Ciilkspi~ St. hl)t.:!lc\·ilk. 1'\C 283UI Tckphon.: (910) 6 78-7612 F,\X (91 0) 67S-76JS E-i\1,\ll.: rhdc~s.:n <Jco cumhcrlandJlc.ns L'\G OR(; ccn D ll S S ! 0 :'\ E H .l I:.-\ :'\ l' 0 W E 1. L VICE-C!I,\IR Project Planning Engineer, NCDOT Project Development & Environmental Analysis Branch From: Richard D. Heickscn, Executive Director, FAMPO Subject: Sidewalk construction with STP-DA funding-project U-3465 (Ray Road) This Memorandum is to inform you that the Fayetteville Area ~elropolitan Planning·Organization (r;\MPO) will fund sidewalk construction on one side of project U-3465 (Ra)' Roa(l) using STP-DA funds. This men consists of the length of road\vay located between Overbills Road and NC Ihvy 210. It is understood that FAMPO will pay 80 percent of the project cost, with 1'\CDOT funding the remaining 20 percent Once completed, Harnett County \Viii accept O\-\'nership and responsibility of said side\,valks by means of a Municipal Agreement with 1'\C Department of Transportation. Should you require additional information or clarifications, please contact me at 91 0 678-7622 or llS Richard D. Heicksen, Executive Director Fayetteville Area Metropolitan Planning Organization CC: FAMPO Transportation Advisory Committee FAMPO Citizen Advisory Committee FAMPO Technical Coordinating Committee <<100614 HC BOC Package Page 1>> Agenda Item 6 October 6, 2014 APPOINTMENTS NEEDED ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE We need members on this committee. Members receive mileage reimbursement as claimed. AGRICULTURAL ADVISORY BOARD We have a vacancy for on this board for District 4. BOARD OF ADJUSTMENT We have a vacancy for an alternate member on this board for District 1. HARNETT NURSING HOME COMMUNITY ADVISORY COMMITTEE We need members on this committee. Members receive mileage reimbursement as claimed. HISTORIC PROPERTIES COMMISSION We currently have vacancies for a regular members in District 3 and District 5. ~q~~~,J~~~s~~·~t~E~~~~.9-:iitt~re$t~r{fiemgai'P<Smteffto.s'et'Ve:9nt1li.~Pan®t1f€¢. B1¢ase·$e.~.,tlieattaQ~(,t~ppli,~atiQn. ]ll~l%Pll#~f~:i~;~~414~s~~~~t~¥1?~I)'.~1~~ l>¢~1?~4it~~'t9ser¥ei~l"lt:l:li~;¢oblicif~ tliew~~ate4l!llemhet:fi'Qm.tl:te;•faJ,ttx•.c()mmll,1l~ty~ lyf;~~tt-~~1J9~~~.~~e~pi'e.s~~~~~~r~t.itt·heiri.ga.pt¥9in.feti~to$et\f¢~P.:tlll&i~ol'#mit(~e:: Bl~~ei~ee.tl;J.eatt:tvbeii•applicatip~. · We need members on this committee. Members receive mileage reimbursement as claimed. ~I,~e.~.~r~~·~~~~~~·~~~ti~~t;t~~J)~()illt·tf1~r.~~ee$.toe~cM~~·~~~artlt1etits toclil R.¢llef:Eqp,li:•:(3oaJtd.~·.s() tP.at···tliei·ma.ypaJ:ticip~e ip:J:P,es~tes·.pt;p~. Page 1 -Appointments <<100614 HC BOC Package Page 1>> APPLICATION TO SERVE ON A BOARD APPOINTED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS soARD /_Lr!iJ1 e __!! 11 J C /nr71l<m '!y NAME: _J{ o(J_H -uz tJ...-s ADDRESS: _q-fl___(~a~r~fbt::f( Creek VOTING DISTRICT: (Please check district number in which you live): D District 1, Commissioner Hill's District 4, Commissioner Springle's Q ~trict 2, Commissioner House's District 5, Commissioner Miller's [J{District 3, Commissioner Burgin's TELEPHONE: (HOME) flLf -3_~~=-~f {p)_ (WORK) _Cj_J_tJ __ ·-__ :{ __ i_.!;;. __ -5 cf (p {) PRESENT occuPATioN: _.::[nv~:_?::J_a_-f,··~e.,_ A 5.S~_-:_?_~-~----____________ _ YEARS OF FORMAL EDUCATION: ___ 'i __ j3_5> __ fcon~f}?~ ~sl!fa yf_e_~ _"j CIVIC AND FRATERNAL ORGANIZATIONS IN WHICH YOU HAVE PARTICIPATED: 'y_f!niJCftG.f-t c Ckf ·---~d--JJ!fiE::~_f _______________ _ ------·-------------------------·---------------------------- ---~----------------------~------ PLEASE TELL WHY YOU WOULD LIKE TO SERVE ON THE ABOVE LISTED BOARD: .tJ ~eW£)!Jtlf§ : ~ o !J~l'!.Jfi-.J!?oc:ffifcc fl7.°C~ DATE: 9 -.I, 3 --I **************************************** FOR OFFICE USE ONLY: DATE FORWARDED TO C01JNTY COMMISSIONERS: <<100614 HC BOC Package Page 1>> AFFIRMATION OF UNDERSTANDING POLICY AND PROCEDURES FOR APPOINTMENTS TO COUNTY BOARDS, COMMISSIONS, COMMITTEES OR AUTHORITIES RULE 30. Appointments (See Attachment) This is to affirm that I have read and understand the intent of Rule 30. Please Return Signed Form To: Gina Wheeler Harnett County Manager's Office P. 0. Box 759 Lillington, NC 27546 b~&V~ · S1gnat ~ t!-Ad_~ (O--«-f;(odu j1tO+T~ q-dt:3--tf Date <<100614 HC BOC Package Page 1>> Wendy H. Butcher 311 Cornelius Harnett Blvd. Lillington, North Carolina 27546 September 11, 2014 Joe Miller Chairman County Commissioners PO Box 759 Lillington, NC 27546 Dear Chairman Miller: DI!PARTM9IT 01' PU8UC SAFl!TY ~--~~-~ The Harnett County Juvenile Crime Prevention Council is requesting that Kimberly Whitted, be appointed to serve on the council. She is a pastor currently employed at Campbell University. Our board is mandated to have a member from the faith community. (N.C.G.A. 143B-543) The council recommends that Kimberly Whitted be appointed serve on the Harnett County Juvenile Crime Prevention Council. Sincerely, <<100614 HC BOC Package Page 1>> APPLICATION TO SERVE ON A BOARD APPOINTED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS VOTING DISTRICT: (Please check district number in which you live): 0 District I, Commissioner Hill's 0 District 4, Commissioner Springle's 0 District 2, Commissioner House's 0 District 5, Commissioner Miller's (g-District 3, Commissioner Burgin's TELEPHONE: (HOME) q' 9 .-~ ~I -L{ I 0 2 (WORK) PRESENT OCCUPATION: ....:.'.T_n_Vt....::.e-=-s_:..·.j-,_~~6 ___.:.<?<:.___!·-/):_:_. ':_:_v_e._--~.....A.:......s_-:5___.:.c=--s_S_o _r _______ _ YEARSOFFORMALEDUCATION: . ~ 6 5 / EcontJrnt~.s and ()larkek'~tt I _; CIVIC AND FRATERNAL ORGANIZATIONS IN WHICH YOU HAVE PARTICIPATED: tf Pt, A. c · P , ])ern ocro.-f/c.. Cau. PLEASE TELL WHY YOU WOULD LIKE TO SERVE ON THE ABOVE LISTED BOARD: a ovt r ~qUM **************************************** FOR OFFICE USE ONLY: DATERECEIVED: ______ _J __ ~~--~------------------------------- DATE FORWARDED TO COUNTY COMMISSIONERS: __ .J....:::.._____!_!_..l... __________ _ <<100614 HC BOC Package Page 1>> AFFIRMATION OF UNDERSTANDING POLICY AND PROCEDURES FOR APPOINTMENTS TO COUNTY BOARDS, COMMISSIONS, COMMITTEES OR AUTHORITIES RULE 30. Appointments (See Attachment) This is to affirm that I have read and under tand the intent of Rule 30. Please Return Signed Form To: Gina Wheeler Harnett County Manager's Office P. 0. Box 759 Lillington, NC 27546 Date <<100614 HC BOC Package Page 1>> '' Board Meeting Agenda Item MEETING DATE: October 6, 2014 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Appointment of Local Firemen's Relief Fund Trustees REQUESTED BY: Gary Pope, Emergency Services Director REQUEST: To appoint the trustees to each fire departments Local Relief Fund Boards so that they may participate in the states program. Also this will enable the required Report of Fire Conditions forms to be submitted to the state. Please see attached list of trustees. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\jriddle\Documents\Report of Fire Conditions BOC request 20 14.doc 1 of! Page <<100614 HC BOC Package Page 1>> .. September 16,2014 Appointment of Local Firemen's ReliefFund Trustees: In order for the fire departments to participate in the Local Firemen's Relief Fund each year, they must submit a North Carolina Rural Fire District Report of Fire Conditions. This report requires the appointment of two Trustees by the Fire Department, two by the Board of Commissioners and one by the Insurance Commissioner. Recommended appointments by the Board of Commissioners are listed below: Spout Springs Emergency Services George Williams Robert Doberstein Anderson Creek Emergency Services Elizabeth Rodriguez Robby Fink Erwin Fire Department Ricky Blackmon John Wilkins Buies Creek Rural Fire Department WaymonByrd Marshal Kornegay Flat Branch Volunteer Fire Department Larry Adams Holt Felment A verasboro/Dunn Emergency Services Johnnie W. Blackman Ricky L. Knuckles Coats-Grove Fire and Rescue Department Todd Pope Jay Smith Angier & Black River Fire Department Jody Milliron Harold Flowers, Jr. Summerville/Bunnlevel Fire & Rescue, Inc. Boone Trail Emergency Services Harry Koerner Vernon Cox Jackson Byrd Donald O'Quinn Benhaven Emergency Services Gary Briggs Margaret H. Douglas Flatwoods Fire District (Lillington F.D.) Dan Denning Marshall Page Northwest Harnett Volunteer Fire Dept. Craig McKinney Richard Braswell <<100614 HC BOC Package Page 1>>