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080315a Agenda PackageHARNETT COUNTY BOARD OF COMMISSIONERS County Administration Building 102 East Front Street Lillington, North Carolina Regular Meeting August 3, 2015 9:00am 1. Call to order -Chairman Jim Burgin 2. Pledge of Allegiance and Invocation-Vice Chairman Gordon Springle 3. Consider additions and deletions to the published agenda 4. Consent Agenda A. Budget Amendments B. Tax refunds, rebates and release C. Resolution to add roads to state system D. Resolution in Support ofthe Stepping Up Initiative to Reduce the Number of People with Mental Illnesses in Jails. E. Harnett County Sheriffs Office requests approval to donate seven (7) county vehicles to Central Carolina Community College for the purpose of law enforcement training. Sheriff Rollins also requests approval to surplus 5 county vehicles for sale by the County. F. Harnett County General Services requests approval of donation of a decommissioned Transportation vehicle to Harnett Animal Welfare Coalition (HA WC). HA WC is a non-profit organization that assists Harnett County citizens to transport animals to receive spay and/or neuter services with little or no fee depending on income verification. G. Harnett County General Services requests approval of the NC DOT/Public Transportation Division 5311 Community Transportation Program grant agreement 16-CT-040 in the amount of$275,608 with a required local match of$38,517. This funding will enhance access to healthcare, shopping, education, employment, human service and recreation for people in non-urbanized rural areas. The funding also assists in the maintenance, development, improvement and use of public transportation systems in non-urbanized areas. H. Harnett County Public Library requests to accept the EZ Edge Technology Grant from the NC State Library in the amount of $5,000 with no match required. These funds will be used to purchase five additional laptops and software. I. Harnett County Habitat for Humanity requests waiver of water tap fees up to $1,750 for habitat house on Mamie Upchurch Road. Page 1 080315 HC BOC Page 1 5. Period of up to 30 minutes for informal comments allowing 3 minutes for each presentation 6. Appointments 7. County Manager's Report-Joseph Jeffries, County Manager -Sworn report showing a list of unpaid taxes, as of June 30, 2015, constituting liens on real property and a list of unpaid taxes on personal property not constituting liens on real property and make a settlement for the 2014 taxes. 8. New Business 9. Closed Session 10. Adjourn Page2 080315 HC BOC Page 2 Agenda Item '/-A 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, 2016: Section 1. To amend the WIOA Adults Program Fund, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 234-7410-465.11-00 Salaries & Wages 571 11-14 Longevity 36 12-00 Salaries & Wages Part-time 7,515 12-02 Salaries & Wages Part-time-Participant 25,139 21-00 Group Insurance Expense 56 21-05 Group Insurance Expense-Employee Clinic 8 22-00 FICA Tax Expense 594 22-01 FICA Tax Expense -Participant 393 23-00 Retirement 167 25-10 Unemployment 90 26-08 Worker's Compensation 205 30-22 Reimbursement (lnd Cost) 1,127 32-26 lncentives/Pa rticipa nts 1,000 32-73 Training Vouchers 3,204 33-45 Contracted Services 176 35-26 Participant Cost 4,023 35-27 Child Care 4,000 35-61 Adult Paid Work Experience 8,000 35-83 Training Vouchers-Authorized 15,000 41-11 Telecommunication & Postage 800 41-13 Utilities 500 44-21 Building & Equipment Rent 100 58-01 Training & Meetings 1,100 58-02 Training-OJT (On the Job Training) 27,365 58-14 Travel 800 58-19 Travel -Participant 1,083 60-31 Gas, Oil & Auto Supplies 500 60-33 Materials & Supplies 4,860 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 234-0000-331.74-10 Harnett-Adult 71,762 EXPLANATION: To adjust FY 2016 budget to reflect grant award. APPROVALS: r% a4~dfe .r£,eercif.1 ·1/1&/l!r Department Head (date) Finance Officer (date) Section 2. Copies of this budget amendment shall be f he Clerk to 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 Jim Burgin, Chairman Harnett County Board of Commissioners 080315 HC BOC Page 3 331.74-10 Workforce Development-Harnett County Adult Fiscal Year 2015-2016 Budget REVENUES Harnett-Adult 313,512 Total Projected Revenues/ Approp: 313,512 local/County Appropriations 0 Total Projected Revenues/ Approp: 313,512 241,750 (71,762) 241,750 241,750 0 (313,512) 241,750 (71,762) 080315 HC BOC Page 4 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, 2016: Section 1. To amend the HC WIOA Dislocated Worker Program Fund, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 234-7411-465.11-00 Salaries & Wages 1 11-14 Longevity 76 12-00 Salaries & Wages Part-time 538 12-02 Salaries & Wages Part-time-Participant 25,139 21-00 Group Insurance Expense 56 21-05 Group Insurance Expense-Employee Clinic 8 22-00 FICA Tax Expense 694 22-01 FICA Tax Expense-Participant 775 23-00 Retirement 167 23-01 Supplemental Retirement 21 25-10 Unemployment Benefits 90 26-08 Worker's Compensation so 30-22 Reimbursement (lnd Cost) 2,432 32-26 lncentives/Participats 184 32-72 Support Services 7,000 32-73 Training Vouchers 36,966 33-45 Contracted Services 500 35-26 Participant Cost 7,000 35-27 Child Care 4,000 35-61 Paid Work Experience 15,000 35-83 Training Vouchers -Authorized 30,000 41-11 Telecommunication & Postage 60 44-21 Building & Equipment Rent 100 58-01 Training & Meetings 600 58-02 Training OJT (On the Job Training) 30,980 58-14 Travel 500 58-19 Travel-Participant 10,023 60-31 Gas, Oil & Auto Supplies 500 60-33 Materials & Supplies 3,669 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 234-0000-331.74-11 Harnett-Dislocated Worker 142,729 EXPLANATION: To adjust FY 2016 budget to ref!~S! grant award. APPROVALS: cJHu 1ffirL~1 °/tiv IJ 4 Department Head (date) 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 Jim Burgin, Chairman Harnett County Board of Commissioners 080315 HC BOC Page 5 331.74-11 Workforce Development-Harnett County Dislocated Worker Fiscal Year 2015 -2016 Budget REVENUES Harnett-Dislocated Worker 344,022 Total Projected Revenues/ Approp: 344,022 local/County Appropriations 0 Total Projected Revenues/ Approp: 344,022 201,293 {142,729) 201,293 (142,729) 0 0 201,293 (142,729) 080315 HC BOC Page 6 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, 2016: Section 1. To amend the WIA Youth In-School Program Fund, the appropriations are to be changed as follows: EXPENDITURE CODE NUMBER DESCRIPTION OF CODE 234-7 405-465.11-00 Salaries & Wages 11-14 longevity 12-00 Salaries & Wages Part-time 12-02 Salaries & Wages Participant 21-00 Group Insurance Expense 21-05 Group Insurance Expense-Employee Clinic 22-00 FICA Tax Expense 22-01 FICA Tax Expense-Participant 23-00 Retirement 23-01 Supplemental Retirement 25-10 Unemployment Benefits 26-08 Worker's Compensation 30-22 Reimbursement (lnd Cost) 32-26 Incentives 32-72 Support Services 32-73 Training Vouchers 33-45 Contracted Services 35-01 Stipends I Bonuses 35-26 Participant Cost 35-27 Child Care 41-11 Telecommunication & Postage 41-13 Utilities 43-21 Maintenance & Repair Auto 58-01 Training & Meetings 58-02 Training OJT(On the Job Training) 58-14 Travel Admin 58-19 Travel-Participant 58-22 Training(Acad/Occ Educ) 60-31 Gas, Oil & Auto Supplies 60-33 Materials & Supplies 60-53 Dues & Subscriptions REVENUE CODE NUMBER DESCRIPTION OF CODE 234-0000-331.74-05 Harnett Youth-In School EXPLANATION: To adjust FY 2016 budget to reflect grant award. APPROVALS: AMOUNT INCREASE 1,879 80 SOD so 3,000 1,250 25 AMOUNT INCREASE cfa:JJlJ/f_JwPvt;rrrjJ.5 ~ ~ 7-2 AMOUNT DECREASE 19,135 38 14,989 3,810 98 1,130 938 1,111 313 147 242 2,191 8,260 1,374 40,251 4,125 1,035 1,100 250 947 350 5,791 250 2,175 AMOUNT DECREASE 103,266 Department Head (date) Finan. Officer (da e) '1. ll 6/l { corrt'?Maa (dat~) section 2. Copies of this budget amendment shall be f shed 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 Jim Burgin, Chairman \\ ~ 080315 HC BOC Page 7 Acct Code: 234- 7405.465 11-00 11-13 11-14 12-00 12-02 21-00 21-02 21-04 21-05 22-00 22-01 23-00 23-01 25-10 26-08 26-09 30-22 32-26 32-72 32-73 33-45 35-01 35-26 35-27 41-11 41-13 43-21 44-21 58-01 58-02 58-14 58-19 58-22 60-31 60-33 60-53 331.74-05 Workforce Development Youth Program -Harnett In School Fiscal Year 2015 -2016 Budget i' Approyecl Department Budget New Budget Salaries & Wages 32,721 13,586 Vacation Payout 0 0 Longevity 128 90 Salaries & Wages Part-time 0 1,879 Salaries & Wages Participant 25,139 10,150 Group Insurance Expense 6,148 2,338 Group Insurance Expense-Health Reimb Acct {HRA) 0 0 Group Insurance Expense-Health Savings Account (HSA) 0 0 Group Insurance Expense-Employee Clinic 252 154 FICA Tax Expense 2,513 1,383 FICA Tax Expense-Participant 1,923 985 Retirement 2,322 1,211 Supplemental Retirement 654 341 Unemployment Benefits 327 180 Worker's Compensation 452 210 Worker's Compensation-Participant 960 960 Reimbursement {lnd Cost) 3,387 1,196 Incentives 9,010 750 Support Services 1,874 500 Training Vouchers 51,056 10,805 Contracted Services 420 500 Stipends I Bonuses 0 500 Participant Cost 4,SOO 375 Child Care 700 750 Telecommunication & Postage 1,575 540 Utilities 1,750 650 Maintenance & Repair Auto 2SO 0 Building & Equipment Rent 0 0 Training & Meetings 1,900 953 Training OJT{On the Job Training) 3,000 Travel Admin 850 soo Travel-Participant 9,634 3,843 Training(Acad/Occ Educ) 0 1,250 Gas, Oil & Auto Supplies 250 0 Materials & Supplies 2,300 125 Dues & Subscriptions so 75 Total Proposed Expenditure Budget 163,045 59,779 REVENUES Harnett Youth-In School 163,045 59,779 Total Projected Revenues/ Approp: 163,045 59,779 local/County Appropriations 0 0 Total Projected Revenues/ Approp: 163,045 59,779 Difference {19,13S) 0 {38) 1,879 (14,989) {3,810) 0 0 {98) {1,130) {938) (1,111) (313) {147) {242) 0 (2,191) {8,260) (1,374) (40,251) 80 500 {4,125) so {1,035) {1,100) (250) 0 {947) {350) {5,791) 1,250 {250) (2,175) 25 {103,266} {103,266) {103,266) 0 {103,266) 080315 HC BOC Page 8 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, 2016: Section 1. To amend the WIA Out of School Youth Program Fund, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 234-7407-465.11-00 Salaries & Wages 22,167 11-14 Longevity 90 12-00 Salaries & Wages Part-time 3,543 12-02 Salaries & Wages Participant 9,061 21-00 Group Insurance Expense 3,995 21-05 Group Insurance Expense-Employee Clinic 2 22-00 FICA Tax Expense 2,713 22-01 FICA Tax Expense-Participant 2,952 23-00 Retirement 2,308 23-01 Supplement retirement 653 25-10 Unemployment Insurance 354 26-08 Worker's Compensation 261 30-22 Reimbursement (lnd Cost) 2,135 32-26 Incentives 1,250 32-72 Support Services 112 32-73 Training Vouchers 18,416 33-45 Contracted Services 1,068 35-01 Stipends I Bonuses 1,500 35-26 Participant Cost 615 35-27 Child Care 1,950 41-11 Telecommunication & Postage 944 41-13 Utilities 1,200 54-26 Advertising 225 58-01 Training & Meetings 2,259 58-02 Training OJT (On the Job Training) 9,000 58-14 Travel Admin 750 58-19 Travel-Participant 10,028 60-31 Gas, Oil & Auto Supplies 125 60-33 Materials & Supplies 525 60-53 Dues & Subscriptions 25 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 234-0000-331.7 4-07 Harnett Youth -Out of School 98,876 EXPLANATION: To adjust FY 2016 budget to reflect grant award. Cou~~ Finance Officer ~ale( Section 2. Copies of this budget amendment and the Finance Officer for their direction. hall be furnished to the Clerk to the Board, and to the Budget Officer Adopted this Margaret Regina Wheeler Clerk to the Board day of Joe Miller, Chairman Harnett County Board of Commissioners 080315 HC BOC Page 9 Acct Code: 234- 7407.465 11-00 11-13 11-14 12-00 12-02 21-00 21-02 21-04 21-05 22-00 22-01 23-00 23-01 25-10 26-08 26-09 30-22 32-26 32-72 32-73 33-45 35-01 35-26 3S-27 41-11 41-13 44-21 54-26 58-01 58-02 58-14 58-19 60-31 60-33 60-53 331.74-07 Workforce Development (WIA) Youth Program-Harnett Out of School Fiscal Year 2015-2016 Budget Approved I Department Budget New Budget Salaries & Wages 18,591 40,758 Vacation Payout 0 0 Longevity 180 270 Salaries & Wages Part-time 2,093 5,636 Salaries & Wages Participant 25,139 34,200 Group Insurance Expense 3,227 7,222 Group Insurance Expense-Health Reimb Acct (HRA) 0 Group Insurance Expense-Health Savings Account (HSA) 0 0 Group Insurance Expense-Employee Clinic 252 254 FICA Tax Expense 1,436 4,149 FICA Tax Expense-Participant 1,923 4,875 Retirement 1,327 3,635 Supplement retirement 372 1,025 Unemployment Insurance 186 540 Worker's Compensation 369 630 Worker's Compensation-Participant 960 960 Reimbursement (Jnd Cost) 1,451 3,586 Incentives 1,000 2,250 Support Services 1,213 1,325 Training Vouchers 14,000 32,416 Contracted Services 432 1,500 Stipends I Bonuses 0 1,500 Participant Cost 685 1,300 Child Care 300 2,250 Telecommunication & Postage 675 1,619 Utilities 7SO 1,950 Building & Equipment Rent 0 0 Advertising 0 225 Training & Meetings 600 2,859 Training OJT {On the Job Training) 0 9,000 Travel Admin 750 1,500 Travel-Participant 1,500 11,528 Gas, Oil & Auto Supplies 125 0 Materials & Supplies 900 375 Dues & Subscriptions 25 0 Total Proposed Expenditure Budget 80,461 179,337 REVENUES Harnett Youth-Out of School 80,461 179,337 Total Projected Revenues/ Approp: 80,461 179,337 Local/County Appropriations 0 0 Total Projected Revenues/ Approp: 80,461 179,337 Difference 22,167 0 90 3,543 9,061 3,995 0 0 2 2,713 2,952 2,308 653 354 261 0 2,135 1,250 112 18,416 1,068 1,500 615 1,950 944 1,200 0 225 2,259 9,000 750 10,028 {125) {S25) (25) 98,876 98,876 98,876 0 98,876 080315 HC BOC Page 10 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, 2016: Section 1. To amend the Solid Waste Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 250-6600-461.35-56 Electronics Management $9,507.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE. • DECREASE 250-0000-336.25-01 Electronics Management Intergovernmental $9,507.00 Rev. EXPLANATION: To budget Electronic Management Plan for fiscal year 2015-2016 APPROVAlS: ~ q~ ;>-~?-/J rtment Head (d te) Finan e fficer (dat 1 } [S Count nage;(date) Section 2. Copies of this budget amendment shall be fu nish~d to the Clerk to 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 Jim Burgin, Chairman Harnett County Board of Commissioners 080315 HC BOC Page 11 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, 2016: Section 1. To amend the Planning Services Departments, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7200-465-33-45 Contracted Services $4,348.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-334-72-05 NC Wildlife Land Use Plan $4,348.00 EXPLANATION: To set up budget for NC Wildlife Land Use Plan for FY 15-16 ~ '2:-.2?-1-1 Cou y ager (date) :iii;.'---<-),j,,j,; Department Head (date) Section 2. Copies of this budget amendment shall be furnis ed to the Clerk to 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 Jim Burgin, Chairman Harnett County Board of Commissioners 080315 HC BOC Page 12 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, 2016; Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows: EXPENDITURE CODE NUMBER 110-7600-441.41-11 110-7600-441.58-01 110-7600-441.58-21 110-7600-441.60-33 REVENUE CODE NUMBER 110-0000-331.76-01 EXPLANATION: Department Head (date) AMOUNT AMOUNT DESCRIPTION OF CODE INCREASE DECREASE Telephone and Postage $ 100.00 Training $ 100.00 Travel for Contract Employees $ 133.00 Materials and Supplies $ 187.00 AMOUNT AMOUNT DESCRIPTION OF CODE INCREASE DECREASE l-1f.h. t+h -Wtu 'PrDG\rcu""' $ 520.00 I J Budget Amendment to reduce state Funds that were cut for the WIC Breast Feeding PEER Program for this FY 15-16. 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 ,2015 Jim Burgin, Chairman Harnett County Board of Commissioners 080315 HC BOC Page 13 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, 20Hi; 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 110-7501-441.32-11 Family Care Support $ 1,000.00 110-7 501-441.58-14 Travel $ 500.00 110-7501-441.60-33 Materials & Supplies $ 500.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-33.75-01 Family Care Support $ 2,000.00 EXPlANATION: Budget Amendment to decrease expenditures because we received a cut in state revenues. APPROVALS: if.;, 9tfhwl~j Department Head (date) 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 ,2015 Jim Burgin, Chairman Harnett County Board of Commissioners 080315 HC BOC Page 14 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, 2016; 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 110-7552-441.32-13 Special Projects $ 51.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-353.75-52 Donations $ 51.00 EXPlANATION: Budget Amendment to increase the Special Projects line due to United Way Donation. APPROVALS' >o.)(, 9l(JM1_~ J Department Head (date) 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 ,2015 Jim Burgin, Chairman Harnett County Board of Commissioners 080315 HC BOC Page 15 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 301 2016: Section 1. To amend the General Fundi Sheriffs Department} the appropriations are to be changed as follows: , EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-5103-420-36-01 2014 Edward Byrne Grant 241008 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-331-51-2 2014 Edward Byrne Grant 241008 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: ~\ 1k' '7/. Ll}·~b)\i>, :?rli5 Department Head (date) Section 2. Copies of this budget amendment shall be furnish Budget Officer and the Finance Officer for their direction. Adopted this day of J 2015. Q.L~ ?-;??--(;: County M n ger (date) to the Clerk to the Board 1 and to the Joe Miller} Chairman Margaret Regina Daniell Interim Clerk to the Board Harnett County Board of Commissioners 080315 HC BOC Page 16 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, 2016: Section 1. To amend the General Fund, Social Services Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT i CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE I 110-7700-441.33-45 Contracted Services 45,000 110-7700-441.11-00 Salaries & Wages 45,000 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To budget temporary contracted staffing services to assist with family in-home services and investigative assessments associated with Child Protective Services cases. ~PROVALS: , "" ,) .· .) ' j I' tcuJ-.. ( I o--t.J;)IL )-)2 l '7 -) lJ -!5 Department Head (date) ~ 2-..<2---J:l coun ~age;:( date) 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 _____ 2 __ Margaret Regina Wheeler, Clerk to the Board Jim Burgin, Chairman Harnett County Board of Commissioners 080315 HC BOC Page 17 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, 2016: Section 1. To amend the General Fund, Sheriff's Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-5100-420-60-33 Materials and Supplies 32,212 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-3 99-00-00 Fund Balance Appropriated 32,212 EXPlANATION: To increase fund balance appropriated in the amount of$ 32,212.00 due to State Asset forfeitures (110-0000- 336-15-00) received in the 2014-2015 budget year. These funds will be used to purchase Law Enforcement Equipment and Supplies. APPROVALS: ~k:'" 7j'2]_fu, Department Head (date) 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 Daniel, Interim Clerk to the Board I 2015. Jim Burgin, Chairman Harnett County Board of Commissioners 080315 HC BOC Page 18 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, 2016: Section 1. To amend the Radio Upgrade Capital Project Fund, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-4402-410.35-77 Veterans Court $5,000 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-399.00-00 Fund Balance Appropriated $5,000 EXPLANATION: Funds needed for Veterans mentor program in Harnett County that is not funded by the grant. APPROVALS: eCcvt -{cJ±c .Jwt- Department Head (date) Finance Officer (date) ·-,.-c)'-/.-J'S 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 Margaret Regina Wheeler Clerk to the Board day of Jim Burgin, Chairman Harnett County Board of Commissioners 080315 HC BOC Page 19 Date : 08/03/2015 Approved By : TO · HARNETT COUNTY BOARD OF COMMISSIONERS RE:.CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES Reason FINK, GEORGE City 0.00 ROBERTJR TPAYER REQUESTED REFUND BASED ON 0001427786-2009-2009-85.74 Refund CLERICAL ERROR AND 000000 County 85.74 OVER VALUATION;PROVIDED BOS-$21 OO,PURCHASE DATE-1 0/03/2007 2 FINK, GEORGE City 0.00 ROBERTJR TPA YER REQUESTED REFUND BASED ON 0001427786-2010-2010-81.58 Refund CLERICAL ERROR AND 000000 County 81.58 OVER VALUATION;PROVIDED BOS-$21 OO,PURCHASE DATE-1 0/03/2007 3 FINK, GEORGE City 0.00 ROBERTJR TPA YER REQUESTED REFUND BASED ON 0001427786-2011-2011-80.09 Refund CLERICAL ERROR AND 000000 County 80.09 OVER VALUATION;PROVIDED BOS-$21 OO,PURCHASE DATE-1 0/03/2007 4 FINK, GEORGE City 0.00 ROBERTJR TPAYER REQUESTED REFUND BASED ON 0001427786-2012-2012-77.42 Refund CLERICAL ERROR AND 000000 County 77.42 OVER VALUATION;PROVIDED BOS-$21 OO,PURCHASE DATE-1 0/03/2007 5 MILLER, City 0.00 DANIEL 0002105585-2013-2013-Military Exempt-LES ON ANTHONY 83.41 Refund FILE, ST AK, ETS DATE MILLER, 000000 County 83.41 888888 AND WIFES ID PATRICIAJ ON FILE ALSO. 6 MORROW, FAY City 0.00 REYNOLDS 0000038658-2009-2009-REBATE 2009-438.74 Refund 2012,CORRECTION OF 000000 County 438.74 FIRE DAMAGE THAT WAS APPEALED 7 MORROW, FAY City 0.00 REYNOLDS 0000038658-2010-2010-REBATE 2009-438.74 Refund 2012,CORRECTION OF 000000 County 438.74 FIRE DAMAGE THAT WAS APPEALED 8 MORROW, FAY City 0.00 REYNOLDS 0000038658-2011-2011-REBATE 2009-438.74 Refund 2012,CORRECTION OF 000000 County 438.74 FIRE DAMAGE THAT WAS APPEALED 080315 HC BOC Page 20 Agenda Item 4-C RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Coopers Creek Subdivision Coopers Creek A venue Birch Avenue Shellbark Drive Laurel Drive (SR 2475 Ext.) Ginseng Street Nutmeg Circle Golden Rod Circle Aspen A venue Duly adopted this 3rd day of August, 2015. ATTEST: Margaret Regina 'Wheeler Clerk to the Board strong roots • new growth HARNETT COUNTY BOARD OF COMMISSIONERS Jim Burgin, Chairman www.harnett.org 080315 HC BOC Page 22 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PAT MCCRORY GO\"ERl'OR Division Six -District Two Harnett County Mrs. Gina Wheeler July 13, 2015 Harnett County Board of Commissioners Post Office Box 759 Lillington, North Carolina 27546 Subject: Secondary Road Addition Dear Mrs. Wheeler: ANTHONY J. TATA SECRETARY This is reference to a petition submitted to this office requesting street(s) in Harnett County be placed on the State's Secondary Road System. Please be advised that these street(s) have been investigated and our findings are that the below listed street(s) are eligible for addition to the State System. Coopers Creek Subdivision • Coopers Creek Avenue • Birch Avenue • Shellbark Drive • Laurel Drive (SR 2475 Ext.) • Ginseng Street • Nutmeg Circle • Golden Rod Circle • Aspen Avenue It is our recommendation that the above named street(s) be placed on the State's Secondary Road System. If you and your Board concur in our recommendation, please submit a resolution to this office. Sincerely, LJc_y?/--- David Plummer Engineering Technician P.O. Box 1150, Fayetteville, N.C. 28302 Voice: 910.486.1496 Fax: 910.437.2529 080315 HC BOC Page 23 FO R T BR A G G \ ~ MI L I T A R Y RE S E R V A T I O N "\ M.~ L - - - - - - - ; - - \ / \ ( "'' \1 . / l\ / I \ ( \ ~~-~8~ UJ ! I "'- / ,, \ J ) / t I7 ~ \ ) 2 5 2 6 Ov e r h i l l s Mi d d l e An d Hi g h Sc h o o l s ,t \ \ \ ' 1. 0 5 2 1 0 3 -- - : D 6 21 0 2 1 21 0 4 ' - - .0 3 .t Ov e r h i l l s El e m e n t a r y Sc h o o l 1 1 2 2 ;1 1 6 9 - - , 6 0 ! - .. . . . . . . . . . . . . . .0 3 2 4 6 3 1 1 4 7 '" " lJ 1 I 1. 1 . 5 . . 6 _ - - - - - .0 5 y " v / \ I \ '-~'., ~ 1120~ ~~ \_ .11 -----I I [ ---2431\ HJ..Q~ ·0 S' ~::,_ ~-, ··;;.::::--·-~ "./~ I I I 080315 HC BOC Page 24 Agenda Item 4-D RESOLUTION IN SUPPORT OF THE STEPPING UP INITIATIVE TO REDUCE THE NUMBER OF PEOPLE WITH MENTAL ILLNESSES IN JAILS WHEREAS, counties routinely provide treatment services to the estimated 2 million people with serious mental illnesses booked into jails each year; and WHEREAS, prevalence rates of serious mental illnesses in confinement facilities are three to six times higher than for the general population, with statistics showing that almost 13% of North Carolina's prison population requires some type of intervention due to mental health issues; and WHEREAS, almost three-quarters of adults with serious mental illnesses in jails have co- occurring substance use disorders; and WHEREAS, adults with mental illnesses tend to stay longer in jail and upon release are at a higher risk of recidivism than people without these disorders; and WHEREAS, county jails spend two to three times more on adults with mental illnesses that require interventions compared to those without these treatment needs; and WHEREAS, without the appropriate treatment and services, people with mental illnesses can continue to cycle through the criminal justice system, often resulting in tragic outcomes for these individuals, their families, and their communities; and WHEREAS, county jails are generally an unsafe environment for those with mental health treatment needs; and WHEREAS, the North Carolina Association of County Commissioners has undertaken a serious effort to address the local service needs of those with mental illnesses through the appointment of a special Task Force; and WHEREAS, Harnett County, like all counties, takes pride in our responsibility to protect and enhance the health, welfare and safety of our residents in efficient, safe, and socially just ways; and WHEREAS, through the Stepping Up Initiative, the National Association of Counties, the Council of State Governments Justice Center and the American Psychiatric Foundation are encouraging counties to reduce the number of people with mental illnesses in county jails; NOW THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS: 1. That the Board of Commissioners does hereby sign on to the Call to Action to reduce the number of people with mental illnesses in our county jail and commits to sharing lessons learned with other counties in North Carolina and across the country to support the Stepping Up Initiative; 2. That the Board of Commissioners will utilize resources available through the Stepping Up Initiative and other resources provided by the Council of State Governments Justice Center to convene a diverse team of leaders and decision makers from multiple agencies who are committed to safely reducing the number of people with mental illnesses in jails, 3. That this team will utilize the comprehensive resources available through the Stepping Up Initiative to develop a plan to reduce the number of people with mental illness in the county jail for 2016-2020, consistent with the Council of State Governments Justice Center report and recommendations, to be presented to the Board of Commissioners at its first meeting in December 2015. Adopted this 3rd day of August 2015. HARNETT COUNTY BOARD OF COMMISSIONERS Jim Burgin, Chairman C. Gordon Springle, Vice Chairman Barbara McKoy Abe Elmore Joe Miller 080315 HC BOC Page 25 Board Meeting Agenda Item Agenda Item 4 -E MEETING DATE: August 3, 2015 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Sale/Donate deadlined vehicles REQUESTED BY: Sheriff Rollins REQUEST: Sheriff Rollins request to Donate 7 County vehicles to Central Carolina Community College for the purpose of Law Enforcement Training. Sheriff Rollins request to surplus 5 County vehicles for sale by the County. List of vehicles attached. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: F:\2014-2015\Agenda Request\agenda form 2015.doc Page I of I 080315 HC BOC Page 26 July 16, 2015 Overview Office of the Sheriff of Harnett County Sheriff Larry Rollins 'A'Ww.harnettsheriff.com PO Box 399 175 Bain Street, Lillington, NC 27546 Phone: 910-893-9111; Fax: 910-893-6450 The Harnett County Sheriff's Office will be once again re-aligning and reducing some of the older vehicles in the fleet. All of the excess vehicles identified below were removed from the inventory due to age and excessive miles. The remaining vehicles, Ford Crown Victoria's, are beginning to absorb costly repairs in order to continue use. Further, Ford Motor Company has halted production of this vehicle in 2011. Prospective sales to other agencies are very limited. These vehicles have very little value for resale, are partially roadworthy and are not benefitting the county by remaining on the books. The partially equipped emergency equipment existing on the vehicles are part of the "strobe and separate siren, light control system". They are no longer on the market and serve very little resale value to the Law Enforcement community. Proposal: Donate the following vehicles complete with partially installed Emergency Equipment to Central Carolina Community College for the purpose of Law Enforcement Training. Mileage vefiicle ~IN year maRe ffi:MPE Blue Book Eguip &~iota I 177742 2FAFP71W67X126057 2007 FORD CROWN VICTORIA $1307.00 $109.11 $1416.11 174032 2FAFP71V78X122348 2008 FORD CROWN VICTORIA $1307.00 $109.11 $1416.11 174533 2FAHP71V38X176349 2008 FORD CROWN VICTORIA $1307.00 $109.11 $1416.11 182651 2FAFP71W27X1 05934 2007 FORD CROWN VICTORIA $1307.00 $109.11 $1416.11 179023 2FAFP71W87X1 05923 2007 FORD CROWN VICTORIA $0 $109.11 $109.11 182524 2FAHP71VX8X176350 2008 FORD CROWN VICTORIA $1307.00 $109.11 $1416.11 178917 2FAFP71V48X122355 2008 FORD CROWN VICTORIA $1307.00 $109.11 $1416.11 Highlighted in red (won't run -blown head gasket). Total value $8,605.77 Any questions concerning the above information, contact the undersigned at 910 893-0118. Allen G Blanchette Operations Sergeant 080315 HC BOC Page 27 Ma r i e Ha i r r fr o m : Se n t : To : Su b j e c t : Ma r i e , Al l e n Bl a n c h e t t e We d n e s d a y , Ju l y 15 , 20 1 5 1 0 : 3 7 AM Ma r i e Ha i r r Re m o v a l o f ve h i c l e s fr o m fl e e t . Th e be l o w li s t e d ve h i c l e s ha v e be e n re l e a s e d to Ch r i s Jo h n s o n fo r sa l e on d o t - Go v . 51 9 8 1F A F P 5 3 2 4 5 A 3 0 0 5 8 3 51 6 8 2F A D P 7 3 W X 4 X 1 5 3 0 7 5 51 4 6 2G 1 V V T 5 8 N 4 7 9 2 3 9 8 4 8 51 9 3 2F A F P 7 1 W 4 4 X 1 1 3 2 8 5 51 0 5 2G 1 W T 5 5 K X 7 9 1 4 4 5 8 9 Se r g e a n t Al l e n G Bl a n c h e t t e Op e r a t i o n s 20 0 5 20 0 4 20 0 7 20 0 4 20 0 7 Ha r n e t t Co u n t y Sh e r i f f ' s Of f i c e 91 0 89 3 01 1 8 FO R D Ta u r u s FO R D Cr o w n Vi c t o r i a CH E V Im p a l a FO R D Cr o w n Vi c t o r i a CH E V lm o a l a 1 080315 HC BOC Page 28 Board Meeting Agenda Item Agenda Item __ 4-=----=-~-- MEETING DATE: August 3, 2015 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Donate Vehicle to the Harnett Animal Welfare Coalition (HA WC) REQUESTED BY: Barry A. Blevins REQUEST: General Services' requests the Harnett County Board of Commissioners consider and approve the donation of a decommissioned Transportation vehicle to Harnett Animal Welfare Coalition (HA WC). On November 12,2014, special work session, it was recommended with discussion to transfer a decomissioned Transportation vehicle to HA WC. HA WC will assist with scheduled transporting of spay/neuter candidate animals from Animal Services to veterinarians for those citizens requiring help. HA WC is a non-profit organization that assists Harnett County citizens to transport animals to receive Spay and/or Neuter services with little or no fee depending on income verification. The vehicle is a 2007 Ford Van with the VIN# 1FTSS34L97DA54876. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\gwheeler\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\98RKKOE5\agendaform20 15 -HA WC vehicle.doc I ofl Page 080315 HC BOC Page 29 Agenda Item_'/_.._·--=--- Board Meeting Agenda Item MEETING DATE: August 3, 2015 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Agreement with North Carolina Department of Transportation/Public Transportation Division REQUESTED BY: Barry A. Blevins REQUEST: General Services/Transportation requests the Harnett County Board of Commissioners consider and approve the NC Department of Transportation/Public Transportation Divison 5311 Community Transportation Program grant agreement 16-CT-040. On November 17, 2014, the Board of Commissioners approved the application and resolution to apply for funding. This funding will enhance access to healthcare, shopping, education, employment, human service and recreation for people in non-urbanized rural areas. This funding also assists in the maintenance, development, improvement and use of public transportation systems in non-urbanized areas. The amount awarded was $275,608 with a required local match of $3 8,517. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C :\ U sers\Apeele\AppData\Local\Microsoft\ Windows\ Temporary Internet Files\Content.Outlook\HN56VVRQ\agendaforrn2015-CTP agreement.doc 1 of2 Page 080315 HC BOC Page 30 STATE OF NORTH CAROLINA COUNTY OF WAKE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION and COUNTY OF HARNETT NONURBANIZED AREA PUBLIC TRANSPORTATION GRANT AGREEMENT FOR PUBLIC BODY ORGANIZATIONS COMMUNITY TRANSPORTATION PROGRAM-SECTION 5311 CFDA NUMBER: 20.509 PROJECT NUMBER: 16-CT-040 ************************************************************************************************************* THIS AGREEMENT made this the __ day of , 20_, (hereinafter referred to as AGREEMENT) by and between the NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as "Department", an agency of the State of North Carolina) and COUNTY OF HARNETT, (acting in its capacity as the designated Section 5311 recipient hereinafter referred to as the "Contractor"). WHEREAS, Chapter 53 of 49 U.S.C. app 5311 et seq. (formerly Section 18 program) provides federal administrative, operating, and capital assistance for public transportation in rural and small urban areas by way of a formula grant program to be administered by the State; and WHEREAS, the purpose of 49 U.S.C. 5311 is to enhance access of people in nonurbanized areas for purposes such as health care, shopping, education, recreation, public services, and employment by encouraging the maintenance, development, improvement, and use of public passenger transportation systems; and WHEREAS, the Contractor has been designated as the recipient of 49 U.S.C. 5311 funds, and WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes (N.C.G.S.) designated the Department of Transportation as the agency of the State of North Carolina responsible for administering all Federal and/or State programs relating to public transportation, and granted the Department authority to do all things required under applicable Federal and/or State legislation to properly administer the public transportation within the State of North Carolina; and WHEREAS, the Governor of North Carolina, in accordance with Section 5311 of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act -A Legacy for Users (SAFETEA-LU), Public Law 109-59, August 10, 2005, and the Transportation Equity Act for the 21 51 Century (TEA-21), Public Law 105-178, June 1998, as amended, has designated the North Carolina Department of Transportation as the agency to receive and administer Federal funds under this program; and WHEREAS, in order to assist in providing transportation services, the Department, under the terms of this Agreement shall make grants of administrative, operating and capital assistance to the Contractor; and WHEREAS, the Department and the Contractor desire to secure and utilize Section 5311 grant funds and State funds for the above referenced purposes. NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the Department and the Contractor agree as follows: Section 1. Purpose of Agreement. The purpose of this Agreement is to provide for the undertaking of nonurbanized area public transportation services as described in the project application (hereinafter referred to as "Project") properly prepared, endorsed, approved, and transmitted by the Contractor to the Department, and to state the terms and conditions as to the manner in which the Project will be undertaken and completed. Section 2. Project Implementation. The Contractor shall carry out the Project as follows: Scope of Project. County of Harnett (Harnett Area Rural Transportation System) will use the Administrative funds for salaries, fringe benefits, and travel. Capital funds will be used to replace (1) 20ft LTV vehicle. Updated 05/27/2015 080315 HC BOC Page 31 (1) Federal Transit Administration (hereinafter referred to as "FTA") Circular 9040.1 F, dated April1, 2007 at: (www.fta.dot.gov/laws/leg_reg_circulars_guidance.html); (2) FTA Master Agreement, FTA MA (21), October 1, 2014 at (www.fta.dot.gov/documents/16-Master.pdf); (3) The State Management Plan for Federal and State Transportation Programs (hereinafter referred to as "State Management Plan");and (4) The Section 5311 grant application for financial assistance. The aforementioned documents, and any subsequent amendments or revisions thereto, are herewith incorporated by reference, and are on file with and approved by the Department in accordance with the terms and conditions of this Agreement. Nothing shall be construed under the terms of this Agreement by the Department or the Contractor that shall cause any conflict with Department, State, or Federal statutes, rules, or regulations. Section 3: Cost of Project/Project Budget. The total cost of the Project approved by the Department is TWO HUNDRED SEVENTY-FIVE THOUSAND SIX HUNDRED EIGHT DOLLARS ($275,608) as set forth in the Project Description and Budget, incorporated into this Agreement as Attachment A. The Department shall provide, from Federal and State funds, the percentages of the actual net cost of the Project as indicated below, not in excess of the identified amounts for eligible administrative, operating, and capital expenses. The Contractor hereby agrees that it will provide the percentages of the actual net cost of the Project, as indicated below, and any amounts in excess of the Department's maximum (Federal plus State shares). The net cost is the price paid minus any refunds, rebates, or other items of value received by the Contractor which have the effect of reducing the actual cost. Administration Administration Administration Administration Administration WBS Total Federal (80%) State (5%) Local (15%) 36233.50.18.1 $219,108 $175,286 $10,955 $32,867 AQreement # Capital Capital Capital Capital Capital WBS Total Federal (80%) State (10%) Local (10%) 36233.50.18.3 $56,500 $45,200 $5,650 $5,650 AQreement # Project Project Project Project Project Total Total Total Federal Total State Total Local $275,608 $220,486 $16,605 $38,517 Section 4: Period of Performance. This Agreement shall commence upon the date of execution, unless specific written authorization from the Department to the contrary is received. The period of performance for all expenditures shall extend from July 1, 2015 to June 30, 2016, unless written authorization to the contrary is provided by the Department. Any requests to change the Period of Performance must be made in accordance with the policies and procedures established by the Department or FTA. The Contractor shall commence, carry on, and complete the approved Project with all practicable dispatch, in a sound, economical, and efficient manner. Section 5. Contractor's Capacity. a. The Contractor agrees to maintain sufficient legal, financial, technical, and managerial capability to: (1) Plan, manage, and complete the Project and provide for the use of Project property; (2) Carry out the safety and security aspects of the Project; and Updated 9/17/10 Page 2 of35 080315 HC BOC Page 32 (3) Comply with the terms of this agreement, the Master Agreement between the FTA and the Department, the Approved Project Budget, the Project schedules, the Contractor's annual Certifications and Assurances to the Department, and applicable Federal and State laws, regulations, and directives. b. Administrative Requirements. The Contractor agrees to comply with the following Federal and State administrative requirements: (1) U.S. DOT regulations, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," 49 C.F.R. Part 18 at (http://www.access.gpo.gov/nara/cfr/cfr-table- search.html#page1 ). (2) Title 19A North Carolina Administrative Code (N.C.A.C.) Subchapter 58 at ( http://reports.oah .state.nc.us/ncac.asp). c. Application of Federal, State, and Local Laws, Regulations, and Directives. To achieve compliance with changing federal requirements, the Contractor makes note that federal, state and local requirements may change and the changed requirements will apply to this Agreement as required. d. Contractor's Primary Responsibility to Comply with Federal and State Requirements. Irrespective of involvement by any other participant in the Project, the Contractor agrees that it, rather than the participant, is ultimately responsible for compliance with all applicable Federal and State laws, regulations, and directives, the Master Agreement between the FTA and the Department, and this Agreement, except to the extent that the Department determines otherwise in writing. Unless otherwise authorized in writing by the Department, the Contractor shall not assign any portion of the work to be performed under this Agreement, or execute any contract, amendment, or change order thereto, or obligate itself in any manner with any third party with respect to its rights and responsibilities under this Agreement without the prior written concurrence of the Department. Further, the Contractor shall incorporate the provisions of this Agreement into any lease arrangement and shall not enter into any lease arrangement without the prior concurrence of the Department. Any lease approved by the Department shall be subject to the conditions or limitations governing the lease as set forth by the FTA and the Department. If the Contractor leases any Project asset to another party, the Contractor agrees to retain ownership of the leased asset, and assure that the Lessee will use the Project asset to provide mass transportation service, either through a "Lease and Supervisory Agreement" between the Contractor and Lessee, or another similar document. The Contractor agrees to provide a copy of any relevant documents. ( 1) Significant Participation by a Third Party Contractor. Although the Contractor may enter into a third party contract, after obtaining approval from the Department, in which the third party contractor agrees to provide property or services in support of the Project, or even carry out Project activities normally performed by the Contractor (such as in a turnkey contract), the Contractor agrees that it, rather than the third party contractor, is ultimately responsible to the Department for compliance with all applicable Federal and State laws, regulations, and directives, except to the extent that the Department determines otherwise in writing. (2) Significant Participation by a Subcontractor. Although the Contractor may delegate any or almost all Project responsibilities to one or more subcontractors, the Contractor agrees that it, rather than the subcontractor, is ultimately responsible for compliance with all applicable Federal and State laws, regulations, and directives, except to the extent that the Department determines otherwise in writing. (3) Significant Participation by a Lessee of a Contractor. Although the contractor may lease project property and delegate some or many project responsibilities to one or more lessees, the Contractor agrees that it, rather than any lessee, is ultimately responsible for compliance with all applicable Federal laws, regulations, and directives, except to the extent that FTA determines otherwise in writing. Updated 9/17/10 Page 3 of35 080315 HC BOC Page 33 e. Contractor's ResQonsibility to Extend Federal and State Requirements to Other Entities. {1) Entities Affected. Only entities that are signatories to this Agreement for the Project are parties to this agreement. To achieve compliance with certain Federal and State laws, regulations, or directives, however, other Project participants, such as subrecipients and third party contractors, will necessarily be involved. Accordingly, the Contractor agrees to take the appropriate measures necessary to ensure that all Project participants comply with applicable Federal and State laws, regulations, and directives affecting their performance, except to the extent the Department determines otherwise in writing. (2) Documents Affected. The applicability provisions of Federal and State laws, regulations, and directives determine the extent to which their provisions affect a Project participant. Thus, the Contractor agrees to include adequate provisions to ensure that each Project participant complies with those Federal and State laws, regulations, and directives, except to the extent that the Department determines otherwise in writing. In addition, the Contractor also agrees to require its third party contractors, subrecipients, and lessees to include adequate provisions to ensure compliance with applicable Federal and State laws, regulations, and directives in each lower tier subcontract and subagreement for the Project, except to the extent that the Department determines otherwise in writing. Additional requirements include the following: (a) Third Party Contracts. Because Project activities performed by a third party contractor must comply with all applicable Federal and State laws, regulations, and directives, except to the extent the Department determines otherwise in writing, the Contractor agrees to include appropriate clauses in each third party contract stating the third party contractor's responsibilities under Federal and State laws, regulations, and directives, including any provisions directing the third party contractor to extend applicable requirements to its subcontractors at the lowest tier necessary. When the third party contract requires the third party contractor to undertake responsibilities for the Project usually performed by the Contractor, the Contractor agrees to include in that third party contract those requirements applicable to the Contractor imposed by the Grant Agreement for the Project or the FT A Master Agreement and extend those requirements throughout each tier except as the Department determines otherwise in writing. Additional guidance pertaining to third party contracting is contained in the FTA's "Best Practices Procurement Manual." FTA and the Department caution, however, that FTA's "Best Practices Procurement Manual" focuses mainly on third party procurement processes and may omit certain other Federal requirements applicable to the work to be performed. (b) Subagreements. Because Project activities performed by a subcontractor/ subrecipient must comply with all applicable Federal and State laws, regulations, and directives except to the extent that the Department determines otherwise in writing, the Contractor agrees as follows: 1 Written Subagreement. The Contractor agrees to enter into a written agreement with each subrecipient (subagreement) stating the terms and conditions of assistance by which the Project will be undertaken and completed. _g Compliance with Federal Requirements. The Contractor agrees to implement the Project in a manner that will not compromise the Contractor's compliance with Federal and State laws, regulations, and directives applicable to the Project and the Contractor's obligations under this Agreement for the Project and the FTA Master Agreement. Therefore, the Contractor agrees to include in each subagreement appropriate clauses directing the subrecipient to comply with those requirements applicable to the Contractor imposed by this Agreement for the Project or the FT A Master Agreement and extend those requirements as necessary to any lower level subagreement or any third party contractor at each tier, except as the Department determines otherwise in writing. f. No Federal/State Government Obligations to Third Parties. In connection with performance of the Project, the Contractor agrees that, absent the Federal/State Government's express written consent, the Federal/State Government shall not be subject to any obligations or liabilities to any subrecipient, third party contractor, lessee or other person or entity that is not a party to this Agreement for the Project. Notwithstanding that the Federal/State Government may have concurred in Updated 9/17/10 Page 4 of35 080315 HC BOC Page 34 or approved any solicitation, subagreement, or third party contract, the Federal/State Government has no obligations or liabilities to such entity, including any subrecipient, third party contractor, or lessee. g. Changes in Project Performance (i.e., Disputes, Breaches, Defaults, or Litigation). The Contractor agrees to notify the Department immediately, in writing, of any change in local law, conditions (including its legal, financial, or technical capacity), or any other event that may adversely affect the Contractor's ability to perform the Project as provided in this Agreement for the Project. The Contractor also agrees to notify the Department immediately, in writing, of any current or prospective major dispute, breach, default, or litigation that may adversely affect the Federal/State Government's interests in the Project or the Federal/State Government's administration or enforcement of Federal/State laws or regulations; and agrees to inform the Department, also in writing, before naming the Federal or State Government as a party to litigation for any reason, in any forum. h. Limitations of Agreement. This Agreement shall be subject to the availability of Federal and State funds, and contingent upon the terms and conditions of the Master Agreement between the FT A and the Department. Section 6. Ethics. a. Code of Ethics. The Contractor agrees to maintain a written code or standards of conduct that shall govern the actions of its officers, employees, board members, or agents engaged in the award or administration of third party contracts, subagreements, or leases financed with Federal/State assistance. The Contractor agrees that its code or standards of conduct shall specify that its officers, employees, board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential third party contractor at any tier, any subrecipient at any tier or agent thereof, or any lessee. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the firm selected for award. The Contractor may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. The Contractor agrees that its code or standards shall also prohibit the its officers, employees, board members, or agents from using their respective positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by State or local law or regulations, the Contractor agrees that its code or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers, employees, board members, or their agents, its third party contractors or sub-recipients or their agents. ( 1) Personal Conflicts of Interest. The Contractor agrees that its code or standards of conduct shall prohibit the Contractor's employees, officers, board members, or agents from participating in the selection, award, or administration of any third party contract, or sub- agreement supported by Federal/State assistance if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the firm selected for award. (2) Organizational Conflicts of Interest. The Contractor agrees that its code or standards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third party contract or sub-agreement, may, without some restrictions on future activities, result in an unfair competitive advantage to the third party contractor or sub-recipient or impair its objectivity in performing the contract work. b. Debarment and Suspension. The Contractor agrees to comply, and assures the compliance of each third party contractor, sub-recipient, or lessee at any tier, with Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. § 6101 note, and U.S. DOT regulations, "Government-wide Debarment and Suspension (Non-procurement)," 49 C.F.R. Part 29. The Contractor agrees to, and assures that its third party contractors, sub-recipients, and lessees will, review the Excluded Parties Listing System at (http://epls.arnet.gov/) before entering into any contracts. Updated 9/17/10 Page 5 of35 080315 HC BOC Page 35 c. Bonus or Commission. The Contractor affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its Federal/State assistance application for the Project. d. Lobbying Restrictions. The Contractor agrees that: (1) In compliance with 31 U.S.C. 1352(a), it will not use Federal assistance to pay the costs of influencing any officer or employee of a Federal agency, Member of Congress, officer of Congress or employee of a member of Congress, in connection with making or extending the Grant Agreement; (2) It will comply with other applicable Federal laws and regulations prohibiting the use of Federal assistance for activities, designed to influence Congress or a State legislature with respect to legislation or appropriations, except through proper, official channels; and (3) It will comply, and will assure the compliance of each sub-recipient, lessee, or third party contractor at any tier, with U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20, modified as necessary by 31 U.S.C. § 1352. e. Employee Political Activity. To the extent applicable, the Contractor agrees to comply with the provisions of the Hatch Act, 5 U.S.C. §§ 1501 through 1508, and 7324 through 7326, and U.S. Office of Personnel Management regulations, "Political Activity of State or Local Officers or Employees," 5 C.F.R. Part 151. The Hatch Act limits the political activities of State and local agencies and their officers and employees, whose principal employment activities are financed in whole or part with Federal funds including a Federal grant, cooperative agreement, or loan. Nevertheless, in accordance with 49 U.S.C. § 5307(k)(2)(B) and 23 U.S.C. § 142(g), the Hatch Act does not apply to a non-supervisory employee of a public transportation system (or of any other agency or entity performing related functions) receiving FT A assistance to whom the Hatch Act would not otherwise apply. f. False or Fraudulent Statements or Claims. The Contractor acknowledges and agrees that: (1) Civil Fraud. The Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq., and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its activities in connection with the Project. By executing this Agreement for the Project, the Contractor certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project. In addition to other penalties that may apply, the Contractor also understands that if it makes a false, fictitious, or fraudulent claim, statement, submission, certification, assurance, or representation to the Federal/State Government concerning the Project, the Federal/State Government reserves the right to impose on the Contractor the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, to the extent the Federal/State Government deems appropriate. (2) Criminal Fraud. If the Contractor makes a false, fictitious, or fraudulent claim, statement, submission, certification, assurance, or representation to the Federal/State Government or includes a false, fictitious, or fraudulent statement or representation in any agreement with the Federal/State Government in connection with a Project authorized under 49 U.S.C. chapter 53 or any other Federal law, the Federal/State Government reserves the right to impose on the Contractor the penalties of 49 U.S.C. § 5323(1), 18 U.S.C. § 1001 or other applicable Federal/State law to the extent the Federal/State Government deems appropriate. Section 7. Project Expenditures/Payment/Reimbursement. a. General. The Department shall reimburse the Contractor for allowable costs for work performed under the terms of this Agreement which shall be financed with Federal Section 5311 funds and State matching funds. The Contractor shall expend funds provided in this Agreement in accordance with the approved Project Budget(s), included as Attachment C to this Agreement. It is understood and agreed that the work conducted pursuant to this Agreement shall be done on an actual cost basis by the Contractor. Expenditures submitted for reimbursement shall include all eligible cost incurred within the Period Covered. The Period Covered represents the monthly or Updated 9/17/1 0 Page 6 of35 080315 HC BOC Page 36 quarterly timeframe in which the project reports expenditures to the Department. All payments issued by the Department will be on a reimbursable basis unless the Contractor requests and the Department approves an advance payment. The Department allows grantees in good standing to request advance payment (prior to issuing payment to the vendor) for vehicles and other high-cost capital items. The Contractor agrees to deposit any advance payments into its account when received and issue payment to the vendor within 3 (three) business days. The amount of reimbursement from the Department shall not exceed the funds budgeted in the approved Project Budget. The Contractor shall initiate and prosecute to completion all actions necessary to enable the Contractor to provide its share of project costs at or prior to the time that such funds are needed to meet project costs. The Contractor shall provide its share of project costs from sources other than FT A and State funds from the Department. Any costs for work not eligible for Federal and State participation shall be financed one hundred percent ( 1 00%) by the Contractor. b. Administrative Expenditures. In order to assist the Contractor in financing the administrative costs of the project, the Department shall reimburse the Contractor up to the percentage specified in the Approved Project Budget of allowable administrative costs which shall be determined by available funding. c. Operating Expenditures. In order to assist in financing the operating costs of the project, the Department shall reimburse the Contractor for the lesser of the following when providing Section 5311 operating assistance: ( 1) The balance of unrecovered operating expenditures after deducting all fare box and other operating revenues, or d. Payment and Reimbursement. The Contractor shall submit a request for reimbursement to the Department for the Period Covered not more frequently than monthly, nor less frequently than quarterly, reporting on the Department's Uniform Public Transportation Accounting System (UPTAS) invoicing forms furnished by the Department for work performed under this Agreement. Expenditures submitted for reimbursement shall include all eligible cost incurred within the Period Covered. Failure to request reimbursement for expenses incurred within the Period Covered may result in non-payment. All requests for reimbursement must be submitted within {30) days following the end of the project's reporting period. Any contractor that fails to submit a request for reimbursement for the first two quarters of agreement fiscal year by January 31st or the last two quarters by July 30th will forfeit their ability to receive reimbursement for those periods. Additional forms must be submitted with reimbursement requests to report on contracting activities with Disadvantaged Business Enterprise (DBE) firms. Invoices shall be supported by documentation of costs unless otherwise waived by the Department. All requests must be submitted within thirty (30) days following the end of the quarter. Failure to request reimbursement for eligible projects costs as outlined may result in termination of the Project. Invoices shall be approved by the Department's Public Transportation Division and reviewed by the Department's External Audit Branch prior to payment. e. Excluded Costs. The Contractor understands and agrees that, except to the extent the Department determines otherwise in writing, ineligible costs will be treated as follows: Updated 9/17/10 (1) In determining the amount of Federal/State assistance the Department will provide, the Department will exclude: (a) Any Project cost incurred by the Contractor before the effective date of the grant; (b) Any cost that is not included in the latest Approved Project Budget; (c) Any cost for Project property or services received in connection with a third party contract, sub-agreement, lease, or other arrangement that is required to be, but has not been, concurred in or approved in writing by FTA; (d) Any non-project cost consistent with the prohibitions of 49 Page 7 of35 080315 HC BOC Page 37 U.S.C. § 5323(h); and (e) Any profit or fee sought by the recipient for its services under the Grant Agree, except to the extent determined by applicable. (f) Any cost ineligible for FT A participation as provided by applicable Federal/State laws, regulations, or directives. (2) The Contractor shall limit reimbursement for meals, lodging and travel to the rates established by the State of North Carolina Travel Policy. Costs incurred by the Contractor in excess of these rates shall be borne by the contractor. (3) The Contractor understands and agrees that payment to the Contractor for any Project cost does not constitute the Federal/State Government's final decision about whether that cost is allowable and eligible for payment and does not constitute a waiver of any violation by the Contractor of the terms of this Agreement. The Contractor acknowledges that the Federal/State Government will not make a final determination about the allowability and eligibility of any cost until an audit of the Project has been completed. If the Federal/State Government determines that the Contractor is not entitled to receive any portion of the Federal/State assistance the Contractor has requested or provided, the Department will notify the Contractor in writing, stating its reasons. The Contractor agrees that Project closeout will not alter the Contractor 's responsibility to return any funds due the Federal/State Government as a result of later refunds, corrections, or other transactions; nor will Project closeout alter the Federal/State Government's right to disallow costs and recover funds on the basis of a later audit or other review. Unless prohibited by Federal/State law or regulation, the Federal/State Government may recover any Federal/State assistance funds made available for the Project as necessary to satisfy any outstanding monetary claims that the Federal/State Government may have against the Contractor. f. Program Income 1. State, Local, or Indian Tribal Governments. In addition to uses of program income authorized under 49 C.F. R Section 18.25, FTA reserves the right to permit the Department to add program income to the funds FTA and the recipient have committed to that Grant agreement and use that program income for the purposes of and under the conditions of the grant agreement. 2. Institutions of Higher Education, private Non-Profit Organizations, and Private For Profit Organizations. In addition to uses of program income permitted under 49 C.F.R. Section 19.24, FTA reserves the right to permit a recipient to add the program income to the funds FTA and the recipient have committed to that Grant agreement and use that program income to further eligible project PJr J<r program objectives. · ~ ~ost Associated With Program Income. Except to the extent FTA determines otherwise in writing, the cost incident to the earning program income may be deducted from the Recipient's gross income to determine program income, provided these costs have not been charged to the Grant Agreement. g. Federal/State Claims, Excess Payments, Disallowed Costs, including Interest. (1) Contractor 's Responsibility to Pay. Upon notification to the Contractor that specific amounts are owed to the Federal/State Government, whether for excess payments of Federal/State assistance, disallowed costs, or funds recovered from third parties or elsewhere, the Contractor agrees to remit to the Department promptly the amounts owed, including applicable interest and any penalties and administrative charges. (2) Amount of Interest. The Contractor agrees to remit to the Department interest owed as determined in accordance with N.C.G.S. 147-86.23. Upon notification to the Contractor that specific amounts are owed to the Federal Government, whether for excess payments of Federal assistance, disallowed costs, or funds recovered from third parties or elsewhere, the Contractor agrees Updated 9/17/10 Page 8 of35 080315 HC BOC Page 38 to remit to the Federal Government promptly the amounts owed, including applicable interest, penalties and administrative charges. (3) Payment to FT A. Upon receipt of repayment from the Contractor, the Department shall be responsible to remit amounts owed to FT A. h. De-obligation of Funds. The Contractor agrees that the Department may de-obligate unexpended Federal and State funds before Project closeout. Section 8. Accounting Records. a. Establishment and Maintenance of Accounting Records. The Contractor shall establish and maintain separate accounts for the public transportation program, either independently or within the existing accounting system. All costs charged to the program shall be in accordance with most current approved Annual Budget and shall be reported to the Department in accordance with UPTAS. b. Documentation of Project Costs. All costs charged to the Project, including any approved services performed by the Contractor or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in detail the nature and propriety of the charges, as referenced in 49 C.F.R. 18, the Office of Management and Budget Circulars A-87, "Costs Principles for State, Local, and Indian Tribal Governments" and A-102 "Grants and Cooperative Agreements with State and Local Governments." c. Allowable Costs. Expenditures made by the Contractor shall be reimbursed as allowable costs to the extent they meet all of the requirements set forth below. They must be: (1) Consistent with the Project Description, plans, specifications, and Project Budget and all other provisions of this Agreement; (2) Necessary in order to accomplish the Project; (3) Reasonable in amount for the goods or services purchased; (4) Actual net costs to the Contractor, i.e., the price paid minus any refunds (e.g., refundable sales and use taxes pursuant to N.C.G.S. 105- 164.14 ), rebates, or other items of value received by the Contractor that have the effect of reducing the cost actually incurred; (5) Incurred (and be for work performed) within the period of performance and period covered of this Agreement unless specific authorization from the Department to the contrary is received; (6) Satisfactorily documented; (7) Treated uniformly and consistently under accounting principles and procedures approved or prescribed by the Department; and (8) In compliance with U.S. DOT regulations pertaining to allowable costs at 49 C.F.R. § 18.22(b) or 49 C.F.R. § 19.27, which regulations specify the applicability of 2 CFR 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as follows: (a1) Title 2 CFR 200, Subpart E-Cost Principles (formerly OMB Circulars A-87, A-21, and A-122) (d1) FAR, at 48 C.F.R., Subpart 31.2, "Contracts with Commercial Organizations" applies to Project costs incurred by a Contractor that is a for-profit organization. Section 9. Reporting, Record Retention, and Access. a. Reports. The Contractor shall advise the Department regarding the progress of the Project at a minimum quarterly and at such time and in such a manner as the Department may require. Such reporting and documentation may include, but not be limited to: operating statistics, equipment usage, meetings, progress reports, and monthly performance reports. The Contractor shall collect and submit to the Department such financial statements, data, records, contracts, and Updated 9/17/10 Page 9 of35 080315 HC BOC Page 39 other documents related to the Project as may be deemed necessary by the Department. Such reports shall include narrative and financial statements of sufficient substance to be in conformance with the reporting requirements of the Department. Progress reports throughout the useful life of the project equipment shall be used, in part, to document utilization of the project equipment. Failure to fully utilize the project equipment in the manner directed by the Department shall constitute a breach of contract, and after written notification by the Department, may result in termination of the Agreement or any such remedy as the Department deems appropriate. b. Record Retention. The Contractor and its third party contractors shall retain all records pertaining to this Project for a period of five (5) years from the date of final payment to the Contractor, or until all audit exceptions have been resolved, whichever is longer, in accordance with "Records Retention and Disposition Schedule-Public Transportation Systems and Authorities, April 1, 2006," at (http://www.ah.dcr.state. nc. us/records/local/). c. Access to Records of Contractor and Subcontractors. The Contractor shall permit and shall require its third party contractors to permit the Department, the Comptroller General of the United States, and the Secretary of the United States Department of Transportation, or their authorized representatives, to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts of the Contractor pertaining to the Project. The Department shall reserve the right to reject any and all materials and workmanship for defects and incompatibility with Project Description or excessive cost. The Department shall notify the Contractor, in writing, if materials and/or workmanship are found to be unacceptable. The Contractor shall have ninety (90) days from notification to correct defects or to provide acceptable materials and/or workmanship. Failure by the Contractor to provide acceptable materials and/or workmanship, or to correct noted defects, shall constitute a breach of contract. d. Project Closeout. The Contractor agrees that Project closeout does not alter the reporting and record retention requirements of this Section 6 of this Agreement. Section 10. Project Completion, Audit, Settlement, and Closeout. a. Project Completion. Within ninety (90) calendar days following Project completion, the end of the Project's period of performance, or termination by the Department, the Contractor agrees to submit a final reimbursement request to the Department for eligible Project expenses. b. Financial Reporting and Audit Requirements. In accordance with 2 CFR 200 Subpart F, "Audit Requirements" effective December 26, 2014and N.C.G.S. 159-34, the Contractor shall have its accounts audited as soon as possible after the close of each fiscal year by an independent auditor. The Contractor agrees to submit the required number of copies of the audit reporting package to the Local Government Commission four months after the Contractor's fiscal year- end. c. Audit Costs. Unless prohibited by law, the costs of audits made in accordance with Title 2 CFR 200, Subpart F -Audit Requirements (formerly OMB Circular A-133),are allowable charges to State and Federal awards. The charges may be considered a direct cost or an allocated indirect cost, as determined in accordance with cost principles outlined in Title 2 CFR 200, Subpart E -Cost Principles (formerly OMB Circular A-87The cost of any audit not conducted in accordance with Title 2 CFR 200 and N.C.G.S. 159-34 is unallowable and shall not be charged to State or Federal grants. d. Funds Owed to the Department. The Contractor agrees to remit to the Department any excess payments made to the Contractor, any costs disallowed by the Department, and any amounts recovered by the Contractor from third parties or from other sources, as well as any penalties and any interest required by Subsection ?g of this Agreement. e. Project Closeout. Project closeout occurs when the Department issues the final project payment or acknowledges that the Contractor has remitted the proper refund. The Contractor Updated 9/17/10 Page 10 of35 080315 HC BOC Page 40 agrees that Project closeout by the Department does not invalidate any continuing requirements imposed by this Agreement. Section 11. Civil Rights. The Contractor agrees to comply with all applicable civil rights laws and implementing regulations including, but not limited to, the following: a. Nondiscrimination in Federal Public Transportation Programs. The Contractor agrees to comply, and assures the compliance of each third party contractor at any tier and each subrecipient at any tier of the Project, with the provisions of 49 U.S.C. § 5332, which prohibit discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity. b. Nondiscrimination -Title VI of the Civil Rights Act. The Contractor agrees to comply, and assures the compliance of each third party contractor at any tier and each subrecipient at any tier of the Project, with all provisions prohibiting discrimination on the basis of race, color, or national origin of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000d et seq., and with U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act," 49 C.F.R. Part 21. c. Equal Employment Opportunity. The Contractor agrees to comply, and assures the compliance of each third party contractor at any tier of the Project and each subrecipient at any tier of the Project, with all equal employment opportunity (EEO) provisions of 49 U.S.C. § 5332, with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., aruJ~implementing Federal regulations and any subsequent amendments thereto. Except to the extenf~Th determines otherwise in writing, the recipient also agrees to follow all applicable Federal EEO directives that may be issued. Accordingly: (1) General. The Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, sex, disability, age, or national origin. The Contractor agrees to take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, sex, disability, age, or national origin. Such action shall include, but not be limited to, employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (2) Equal Employment Opportunity Requirements for Construction Activities. For activities determined by the U.S. Department of Labor (U.S. DOL) to qualify as "construction," the Contractor agrees to comply and assures the compliance of each third party contractor at any tier or subrecipient at any tier of the Project, with all applicable equal employment opportunity requirements of U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order No. 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000(e) note, and also with any Federal laws, regulations, and directives affecting construction undertaken as part of the Project. d. Disadvantaged Business Enterprises. (1) Policy. It is the policy of the North Carolina Department of Transportation that Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR Part 26 shall have the equal opportunity to compete fairly for and to participate in the performance of contracts financed in whole or in part by Federal Funds. The Contractor is also encouraged to give every opportunity to allow DBE participation in Supplemental Agreements. (2) Obligation The Contractor, subconsultant, and subcontractor shall not discriminate on the basis of race, religion, color, national origin, age, disability or sex in the performance of this contract. The Contractor shall comply with applicable requirements of 49 CFR Part 26 in the award and administration of federally assisted contracts. Failure by the Contractor to comply Updated 9/17/1 0 Page 11 of35 080315 HC BOC Page 41 with these requirements is a material breach of this contract, which will result in the termination of this contract or such other remedy, as the Department deems necessary. (3) Goals. Even though specific DBE goals are not established for this project, the Department encourages the Contractor to have participation from DBE contractors and/or suppliers. ( 4) Listing of DB E Subcontractors. The contractor, at the time the Letter of Interest is submitted, shall submit a listing of all known DBE contractors that will participate in the performance of the identified work. The participation shall be submitted on the Department's Form RS-2. In the event the contractor has no DBE participation, the contractor shall indicate this on the Form RS-2 by entering the word 'None' or the number 'zero' and the form shall be signed. Form RS-2 may be accessed on the website at https://apps.dot.state.nc.us/quickfind/forms/Default.aspx. (5) Certified Transportation Firms Directory. Real-time information about contractors doing business with the Department and contractors that are certified through North Carolina's Unified Certification Program is available in the Directory of Transportation Firms. The Directory can be accessed by the link on the Department's homepage or by entering https://apps.dot.state.nc.us/vendor/directory/ in the address bar of your web browser. Only contractors identified as DBE certified in the Directory shall be listed in the proposal. The listing of an individual contractor in the Department's directory shall not be construed as an endorsement of the contractor's capability to perform certain work. (6) Reporting Disadvantaged Business Enterprise Participation. When payments are made to Disadvantaged Business Enterprise (DBE) contractors, including material suppliers, contractors at all levels (Contractor, subconsultant or subcontractor) shall provide the Contract Administrator with an accounting of said payments. The accounting shall be listed on the Department's Subcontractor Payment Information Form (Form DBE-IS). In the event the contractor has no DBE participation, the contractor shall indicate this on the Form DBE-IS by entering the word 'None' or the number 'zero' and the form shall be signed. Form DBE-IS may be accessed on the website at https://apps.dot.state.nc.us/quickfind/forms/Default.aspx. A responsible fiscal officer of the payee Contractor, subconsultant or subcontractor who can attest to the date and amounts of the payments shall certify that the accounting is correct. A copy of an acceptable report may be obtained from the Department of Transportation. This information shall be submitted as part of the requests for payments made to the Department. e. Age Discrimination in Employment Act (ADEA) 29 U.S.C. Section 621 through 634 and with implementing U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F. R. Part 1625, which prohibits discrimination against individuals on the basis of age. f. Access for Individuals with Disabilities. The Contractor agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities. The Contractor also agrees to comply with all applicable provisions of Section 504 of the Rehabilitation Act of 1973, as amended, with 29 U.S.C. § 794, which prohibits discrimination on the basis of disability; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities. In addition, the Contractor agrees to comply with applicable Federal regulations and directives and any subsequent amendments thereto, except to the extent the Department determines otherwise in writing, as follows: (1) U.S. DOT regulations, "Transportation Services for Individuals with Updated 9/17/10 Page 12 of35 080315 HC BOC Page 42 Disabilities (ADA)," 49 C.F.R. Part 37; (2) U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27; (3) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB)/U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38; (4) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C.F.R. Part 35; (5) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. Part 36; (6) U.S. General Services Administration (U.S. GSA) regulations, "Accommodations for the Physically Handicapped," 41 C.F.R. Subpart 101-19; (7) U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630; (8) U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 C.F .R. Part 64, Subpart F; and (9) U.S. ATBCB regulations, "Electronic and Information Technology Accessibility Standards," 36 C.F.R. Part 1194; (10) FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part 609; and (11) Federal civil rights and nondiscrimination directives implementing the foregoing regulations. g. Drug or Alcohol Abuse-Confidentiality and Other Civil Rights Protections. To the extent applicable, the Contractor agrees to comply with the confidentiality and other civil rights protections of the Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. §§ 1101 et seq., with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. §§ 4541 et seq., and with the Public Health Service Act of 1912, as amended, 42 U.S.C. §§ 201dd -290dd-2 et seq, and any subsequent amendments to these acts. h. Access to Services for Persons with Limited English Proficiency. To the extent applicable and except to the extent that the Department determines otherwise in writing, the Contractor agrees to comply with the policies of Executive Order No. 13166, "Improving Access to Services for Persons with Limited English Proficiency," 42 U.S.C. § 2000d-1 note, and with the provisions of U.S. DOT Notice, "DOT Guidance to Recipients on Special Language Services to Limited English Proficient (LEP) Beneficiaries," 70Fed. Reg. 74087 et seq., December 14, 2005. i. Environmental Justice. The Contractor agrees to comply with the policies of Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations," 42 U.S.C. § 4321 note, except to the extent that the Department determines otherwise in writing. i. Other Nondiscrimination Laws. The Contractor agrees to comply with all applicable provisions of other Federal laws, regulations, and directives pertaining to and prohibiting discrimination that are applicable, except to the extent the Department determines otherwise in writing. Section 12. Planning and Private Enterprise. Updated 9/17/1 0 Page 13 of35 080315 HC BOC Page 43 a. General. To the extent applicable, the Contractor agrees to implement the Project in a manner consistent with the plans developed in compliance with the Federal planning and private enterprise provisions of the following: (1) 49 U.S.C. §§ 5303,5304,5306, and 5323(a)(1); (2) Joint Federal Highway Administration (FHWA)/FTA document, "Interim Guidance for Implementing Key SAFETEA-LU Provisions on Planning, Environment, and Air Quality for Joint FHWA/FT A Authorities," dated September 2, 2005, as amended by joint FHWA/FTA guidance, "SAFETEA-LU Deadline for New Planning Requirements (July 1, 2007)," dated May 2, 2006 [clarifying Guidance on Implementation of SAFETEA-LU Planning Provisions], and subsequent Federal directives implementing SAFETEA-LU, except to the extent FT A determines otherwise in writing; (3) Joint FHWA/FTA regulations, "Planning Assistance and Standards," 23 C.F.R. Part 450 and 49 C.F.R. Part 613 to the extent that those regulations are consistent with the SAFETEA-LU amendments to public transportation planning and private enterprise laws, and subsequent amendments to those regulations that may be promulgated; and (4) FTA regulations, "Major Capital Investment Projects," 49 C.F.R. Part 611, to the extent that those regulations are consistent with the SAFETEA-LU amendments to the public transportation planning and private enterprise laws, and any subsequent amendments to those regulations that may be subsequently promulgated. b. Governmental and Private Nonprofit Providers of Nonemergency Transportation. In addition to providing opportunities to participate in planning as described in Subsection 12a of this Agreement, to the extent feasible the Contractor agrees to comply with the provisions of 49 U.S.C. § 5323(k), which afford governmental agencies and nonprofit organizations that receive Federal assistance for nonemergency transportation from Federal Government sources (other than U.S. DOT) an opportunity to be included in the design, coordination, and planning of transportation services. c. Infrastructure Investment. During the implementation of the Project, the Contractor agrees to take into consideration the recommendations of Executive Order No. 12803, "Infrastructure Privatization," 31 U.S.C. § 501 note, and Executive Order No. 12893, "Principles for Federal Infrastructure Investments," 31 U.S.C. § 501 note. Section 13. Preference for United States Products and Services. To the extent applicable, the Contractor agrees to comply with the following U.S. domestic preference requirements: a. Buy America. The Contractor agrees to comply with 49 U.S.C. § 53230) and FTA regulations, "Buy America Requirements," 49 C.F.R. Part 661 to the extent those regulations are consistent with SAFETEA-LU provisions, and subsequent amendments to those regulations that may be promulgated. The Contractor also agrees to comply with FTA directives to the extent those directives are consistent with SAFETEA-LU provisions, except to the extent that FTA or the Department determines otherwise in writing. b. Cargo Preference-Use of United States-Flag Vessels. The Contractor agrees to comply with U.S. Maritime Administration regulations, "Cargo Preference-U.S.-Fiag Vessels," 46 C.F.R. Part 381, to the extent those regulations apply to the Project. c. Fly America. The Contractor understands and agrees that the Federal/State Government will not participate in the costs of international air transportation of any individuals involved in or property acquired for the Project unless that air transportation is provided by U.S.-flag air carriers to the extent service by U.S.-flag air carriers is available, in accordance with the requirements of the International Air Transportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and with U.S. GSA regulations, "Use of United States Flag Air Carriers," 41 C.F.R. §§ 301-10.131 through 301-10.143. Updated 9/17/10 Page 14 of35 080315 HC BOC Page 44 Section 14. Procurement. To the extent applicable, the Contractor agrees to comply with the following third party procurement provisions: a. Federal Standards. The Contractor agrees to comply with the third party procurement requirements of 49 U.S.C. chapter 53 and other applicable Federal laws in effect now or as subsequently enacted; with U.S. DOT third party procurement regulations of 49 C.F.R. §§ 18.36 and other applicable Federal regulations pertaining to third party procurements and subsequent amendments thereto, to the extent those regulations are consistent with SAFETEA-LU provisions; and Article 8 of Chapter 143 of the North Carolina General Statutes. The Contractor also agrees to comply with the provisions of FTA Circular 4220.1 F, "Third Party Contracting Requirements," to the extent those provisions are consistent with SAFETEA-LU provisions and with any subsequent amendments thereto, except to the extent the Department or the FTA determines otherwise in writing. Although the FTA "Best Practices Procurement Manual" provides additional procurement guidance, the Contractor understands that the FTA "Best Practices Procurement Manual" is focused on third party procurement processes and may omit certain Federal requirements applicable to the third party contract work to be performed. The Contractor shall establish written procurement procedures that comply with the required Federal and State standards. b. Full and Open Competition. In accordance with 49 U.S.C. § 5325(a), the Contractor agrees to conduct all procurement transactions in a manner that provides full and open competition as determined by the Department and FT A. c. Exclusionary or Discriminatory Specifications. Apart from inconsistent requirements imposed by Federal laws or regulations, the Contractor agrees to comply with the requirements of 49 U.S.C. § 5325(h) by not using any Federal assistance awarded by FTA to support a procurement using exclusionary or discriminatory specifications. d. Geographic Restrictions. The Contractor agrees that it will not use any State or local geographic preference, except State or local geographic preferences expressly mandated or as permitted by FTA. However, for example, in procuring architectural, engineering, or related services, the Contractor's geographic location may be a selection criterion, provided that a sufficient number of qualified firms are eligible to compete. e. In-State Bus Dealer Restrictions. The Contractor agrees that in accordance with 49 U.S.C. § 5325(i), any State law requiring buses to be purchased through in-State dealers will not apply to purchases of vehicles acquired with funding authorized under 49 U.S.C. chapter 53. f. Neutrality in Labor Relations. To the extent permitted by law, the Contractor agrees to comply with Executive Order No. 13502, "Use of Project Labor Agreements (PLA) for Federal Construction Projects," February 6, 2009, 74 Fed. Reg. 6985 et seq. As a result, the Recipient is no longer prohibited from requiring an affiliation with a labor organization, such as a project labor agreement, as a condition for award of any third party contract or subcontract at any tier for construction or construction management services, except to the extent that the Federal Government determines otherwise in writing. g. Federal Supply Schedules. State, local, or nonprofit Recipients may not use Federal Supply Schedules to acquire federally assisted property or services except to the extent permitted by U.S. GSA, U.S. DOT, or FTA laws, regulations, directives, or determinations. h. Force Account. The Contractor agrees that FTA may determine the extent to which Federal assistance may be used to participate in force account costs. i. Department Technical Review. The Contractor agrees to permit the Department to review and approve the Contractor 's technical specifications and requirements to the extent the Department believes necessary to ensure proper Project administration. The Contractor agrees to submit the following to the Department for its review and approval prior to solicitation: (1) New/adapted specifications for equipment, supplies, apparatuses and new-type rolling stock. This requirement does not apply to equipment, supplies, or apparatuses with cost of less than $30,000; or to Minivans; Conversion and Lift Vans; Center Aisle Vans and Standard Vans; and Light Transit Vehicles (Cutaway-type Bus). Updated 9/17/1 0 Page 15 of35 080315 HC BOC Page 45 (2) Drawings, designs, and/or description of work for construction, renovation, or facility improvement projects, including the purchase or construction of bus shelters. j. Department Pre-award Approval. The Contractor agrees to submit procurement documents to the Department for its review and approval prior to award of a contract! subcontract under this Agreement for any of the following: (1) All new-type rolling stock, excluding Minivans; Conversion and Lift Vans; Center Aisle Vans and Standard Vans; and Light Transit Vehicles (Cutaway-type Bus). (2) All construction projects equal to or greater than $30,000; (3) Any "brand name" product or sole source purchase equal to or greater than $2,500; ( 4) Any contract/subcontract to other than apparent lowest bidder equal to or greater than $2,500; (5) Any procurement equal to or greater than $90,000; (6) Any contract modification that would change the scope of a contract or increase the contract amount up to or over the formal (sealed) bid threshold of $90,000. k. Project Approval/Third Party Contract Approval. Except to the extent the Department determines otherwise in writing, the Contractor agrees that the Department's award of Federal and State assistance for the Project does not, by itself, constitute pre-approval of any non-competitive third party contract associated with the Project. I. Preference for Recycled Products. To the extent applicable, the Contractor agrees to comply with U.S. EPA regulations, "Comprehensive Procurement Guidelines for Products Containing Recovered Materials," 40 C.F.R. Part 247, which implements Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and with subsequent Federal regulations that may be promulgated. Accordingly, the Contractor agrees to provide a competitive preference for products and services that conserve natural resources, protect the environment, and are energy efficient. m. Clean Air and Clean Water. The Contractor agrees to include in each third party contract and subagreement exceeding $100,000 adequate provisions to ensure that each Project participant will agree to report the use of facilities placed on or likely to be placed on the U.S. Environmental Protection Agency (U.S. EPA) "List of Violating Facilities," to not use any violating facilities, to report violations to the Department and the Regional U.S. EPA Office, and to comply with the inspection and other applicable requirements of: (1) Section 306 of the Clean Air Act, as amended, 42 U.S .C. § 7606, and other applicable provisions of the Clean Air Act, as amended, 42 U.S.C. §§ 7401 through 7671 q; and (2) Section 508 of the Clean Water Act, as amended, 33 U.S.C. § 1368, and other applicable requirements of the Clean Water Act, as amended, 33 U.S.C. §§ 1251 through 1377. n. National Intelligent Transportation Systems Architecture and Standards. To the extent applicable, the Contractor agrees to conform to the National Intelligent Transportation Systems (ITS) Architecture and Standards as required by SAFETEA-LU § 5307(c), 23 U.S.C. § 512 note, and comply with FTA Notice, "FTA National ITS Architecture Policy on Transit Projects" 66 Fed. Reg. 1455 et seq., January 8, 2001, and any subsequent further implementing directives, except to the extent FTA or the Department determines otherwise in writing. o. Rolling Stock. In acquiring rolling stock, the Contractor agrees as follows: (1) Method of Acquisition. The Department's Public Transportation Division, through the North Carolina Department of Administration, Purchase and Contract Division, awards vehicle contracts for its grant recipients to purchase public transit vehicles. These vehicle contracts comply with FTA and State requirements. The Contractor will utilize these vehicle contracts to purchase public transit vehicles included in the Approved Budget for this Project. For public transit vehicles not included in these contracts, the Contractor shall conduct a competitive procurement process in accordance with this Agreement. Updated 9/17/10 Page 16 of35 080315 HC BOC Page 46 (2) Multi-year Options. In accordance with 49 U.S.C. § 5325(e)(1), the Contractor may not enter into a multi-year contract with options, exceeding five (5) years after the date of the original contract, to purchase additional rolling stock and replacement parts. (3) Pre-Award and Post-Delivery Requirements. The Contractor agrees to comply with the requirements of 49 U.S.C. § 5323(m) and FTA regulations, "Pre-Award and Post-Delivery Audits of Rolling Stock Purchases," 49 C.F.R. Part 663 and, when promulgated, any amendments to those regulations. The Contractor understands and agrees that to the extent the provisions of 49 U.S.C. § 5323(m), as amended by SAFETEA-LU conflict with FTA's implementing regulations, as currently promulgated, the provisions of 49 U.S.C. § 5323(m), as amended, prevail. (4) Bus Testing. To the extent applicable, the Contractor agrees to comply with the requirements of 49 U.S.C. § 5318(e) and FTA regulations, "Bus Testing," 49 C.F.R. Part 665, and any amendments to those regulations that may be promulgated. p. Bonding. For construction projects, the Contractor agrees to provide bid guarantee bond (5% of bid price) and performance and payment bonds (1 00% of contract price) and comply with any other construction bonding provisions as the Department may determine. q. Architectural, Engineering, Design, or Related Services. For all architectural, engineering, design, or related services the Contractor shall use qualifications-based competitive proposal [Request for Qualifications (RFQ) in accordance with the Brooks Act] procedures. The Contractor shall follow applicable statutes, N.C.G.S. 143-64.31-34 and requirements set forth in FTA Circular 4220.1 F, to retain a qualified, registered architect or professional engineer. (1) The Contractor agrees to comply with qualifications-based competitive proposal procedures, which require: (a) An offeror's qualifications be evaluated; (b) Good faith effort to use minority-owned businesses; (c) Price be excluded as an evaluation factor; (d) Negotiations be conducted with only the most qualified offeror; and (e) Failing agreement on price, negotiations with the next most qualified offeror be conducted until a contract award can be made to the most qualified offeror whose price is fair and reasonable. (2) Geographic location may be a selection criterion in procurements for architectural and engineering (A&E) services provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. (3) The Contractor acknowledges and agrees that qualifications-based competitive proposal procedures can only be used for procurement of the following services: (a) Program management; (b) Construction management; (c) Feasibility studies; and (d) Preliminary engineering, design, architectural, engineering, surveying, mapping, and related services. (4) The Contractor also agrees to: (a) Include applicable Federal requirements and certifications in the solicitation; (b) Submit procurement documents to the Department for its review and approval prior to the award of any contract for A&E services for the Project; and (c) Maintain written documentation to support each step of the procurement process. r. Design-Bid-Build Projects. The Design-Bid-Build method of construction is where there are separate contracts and procurement processes for the design and construction. Typically the designer coordinates the numerous prime contractors that are involved in the construction process. The Contractor may use design-bid-build procurements to implement its projects after it has complied Updated 9/17/10 Page 17 of35 080315 HC BOC Page 47 with applicable Federal and State requirements and obtains approval from the Department prior to solicitation and award of the contract. s. Design-Build Projects. The Design-Build method of construction is where a single contractor is given responsibility for both design and construction, thus eliminating an intermediate procurement step with possible time saving, and more effective coordination and opportunities for cost savings. Currently, this procurement method is not an allowable method of procurement by the State of North Carolina. The Contractor may request to use the design-build method as an "alternate" method. Submission of justification must be presented to the State Building Commission for a 2/3-majority vote of approval. One of the drawbacks of design-build is that the owner does not have an independent source (the A/E in traditional construction) overseeing design implementation and verifying conformance with the drawings and specifications. t. Competitive Proposal/Request for Proposal (RFP}. The competitive proposal! request for proposal (RFP) method of procurement is normally conducted with more than one source submitting an offer, i.e., proposal. Either a fixed price or cost reimbursement type contract is awarded. This method of procurement is generally used when conditions are not appropriate for the use of sealed bids. The Contractor acknowledges that certain restrictions apply under North Carolina law for use of the RFP method and these restrictions and exceptions are discussed below. (1) The Contractor agrees that the RFP Method may not be used in lieu of an invitation for bids (I FB) for: (a) (b) Construction/repair work; or Purchase of apparatus, supplies, materials or equipment. See Subsection 14t(2), this Agreement, regarding information technology goods as services. (2) The Contractor agrees that the RFP method of solicitation may be used (in addition to or instead of any other procedure available under North Carolina law) for the procurement of information technology goods and services [as defined in N.C.G.S. 147-33.81 (2)]. This applies to electronic data processing goods and services, telecommunications goods and services, security goods and services, microprocessors, software, information processing, office systems, any services related to the foregoing, and consulting or other services for design or redesign of information technology supporting business processes. The Contractor will comply with the following minimum requirements [N.C.G.S. 143-129.8]: (a) Notice of the request for proposals shall be given in accordance with N.C.G.S. 143-129(b). (b) Contracts shall be awarded to the person or entity that submits the best overall proposal as determined by the awarding authority. Factors to be considered in awarding contracts shall be identified in the request for proposals. (c) The Contractor may use procurement methods set forth in N.C.G.S. 143-135.9 in developing and evaluating requests for proposals. (d) The Contractor may negotiate with any proposer in order to obtain a final contract that best meets the needs of the Contractor. (e) Any negotiations shall not alter the contract beyond the scope of (f) the original request for proposals in a manner that deprives the proposers or potential proposers of a fair opportunity to compete for the contract; and would have resulted in the award of the contract to a different person or entity if the alterations had been included in the request for proposals. Proposals submitted shall not be subject to public inspection until a contract is awarded. (3) The Contractor agrees that the RFP method, in accordance with FTA Circular 4220.1 F, under the guidelines of FTA "Best Practices Procurement Manual," should be used for procurements of professional services, such as consultants for planning activities and for transit system Updated 9/17/10 Page 18 of35 080315 HC BOC Page 48 operations/management. The Contractor acknowledges that certain restrictions apply under North Carolina law for use of the RFP method and these restrictions and exceptions are discussed in Subsections 14t(1) and 14t(2) of this Agreement. For all architectural, engineering, design, or related services, the Contractor agrees that the qualifications-based competitive proposal process shall be used (see Subsection 14q, this Agreement). ( 4) When the RFP method is used for procurement of professional services, the Contractor agrees to abide by the following minimum requirements: (a) Normally conducted with more than one source submitting an offer (proposal); (b) Either fixed price or cost reimbursement type contract will be used; (c) Generally used when conditions are not appropriate for use of sealed bids; (d) Requests for proposals will be publicized; (e) All evaluation factors will be identified along with their relative importance; (f) Proposals will be solicited from an adequate number (3 is recommended) of qualified sources; (g) A standard method must be in place for conducting technical evaluations of the proposals received and for selecting awardees; (h) Awards will be made to the responsible firm whose proposal is most advantageous to the Contractor's program with price and other factors considered; and (i) In determining which proposal is most advantageous, the Contractor may award to the proposer whose proposal offers the greatest business value (best value) to the agency. "Best value" is based on determination of which proposal offers the best tradeoff between price and performance, where quality is considered an integral performance factor. u. Award to Other than the Lowest Bidder. In accordance with Federal and State statutes, a third party contract may be awarded to other than the lowest bidder, if the award furthers an objective (such as improved long-term operating efficiency and lower long-term costs). When specified in bidding documents, factors such as discounts, transportation costs, and life cycle costs will be considered in determining which bid is lowest. Prior to the award of any contract equal to or greater than $2,500 to other than apparent lowest bidder, the Contractor shall submit its recommendation along with basis/reason for selection to the Department for pre-award approval. v. Award to Responsible Contractors. The Contractor agrees to award third party contracts only to responsible contractors who possess potential ability to successfully perform under the terms and conditions of the proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. Contracts will not be awarded to parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities in accordance with the Federal debarment and suspension rule, 49 C.F.R. 29. For procurements over $25,000, the Contractor shall comply, and assure the compliance of each third party contractor and subrecipient at any tier, with the debarment and suspension rule. FTA and the Department recommend that grantees use a certification form for projects over $25,000, which are funded in part with Federal funds. A sample certification form can be obtained from the Department. The Contractor also agrees to check a potential contractor's debarment/suspension status at the following Web site: http://epls.arnet.gov/. Updated 9/17/1 0 Page 19 of35 080315 HC BOC Page 49 w. Procurement Notification Requirements. With respect to any procurement for goods and services (including construction services) having an aggregate value of $500,000 or more (in Federal funds), the Contractor agrees to: (1) Specify the amount of Federal and State funds that will be used to finance the acquisition in any announcement of the contract award for such goods or services; and (2) Express the said amount as a percentage of the total costs of the planned acquisition. x. Contract Administration System. The Contractor shall maintain a contract administration system that ensures that contractors/subcontractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. y. Access to Third Party Contract Records. The Contractor agrees, and agrees to require its third party contractors and third party subcontractors, at as many tiers of the Project as required, to provide to the Federal and State awarding agencies or their duly authorized representatives, access to all third party contract records to the extent required by 49 U.S.C. § 5325(g), and retain such documents for at least five (5) years after project completion. Section 15. Leases. a. Capital Leases. To the extent applicable, the Contractor agrees to comply with FTA regulations, "Capital Leases," 49 C.F.R. Part 639, and any revision thereto. b. Leases Involving Certificates of Participation. The Contractor agrees to obtain the Department's concurrence before entering into any leasing arrangement involving the issuance of certificates of participation in connection with the acquisition of any capital asset. Section 16. Hold Harmless. Except as prohibited or otherwise limited by State law or except to the extent that FTA or the Department determines otherwise in writing, upon request by the Federal or State Government, the Contractor agrees to indemnify, save, and hold harmless the Federal and State Government and its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Project. The Contractor shall not be required to indemnify the Federal or State Government for any such liability caused by the wrongful acts of Federal or State employees or agents. Section 17. Use of Real Property, Equipment, and Supplies. The Contractor understands and agrees that the Federal/State Government retains a Federal/State interest in any real property, equipment, and supplies financed with Federal/State assistance (Project property) until, and to the extent, that the Federal/State Government relinquishes its Federal/State interest in that Project property. With respect to any Project property financed with Federal/State assistance under this Agreement, the Contractor agrees to comply with the following provisions, except to the extent FTA or the Department determines otherwise in writing: a. Use of Project Property. The Contractor agrees to maintain continuing control of the use of Project property to the extent satisfactory to FT A The Contractor agrees to use Project property for appropriate Project purposes (which may include joint development purposes that generate program income, both during and after the award period and used to support public transportation activities) for the duration of the useful life of that property, as required by FTA or the Department. Should the Contractor unreasonably delay or fail to use Project property during the useful life of that property, the Contractor agrees that it may be required to return the entire amount of the Federal and State assistance expended on that property. The Contractor further agrees to notify the Department immediately when any Project property is withdrawn from Project use or when any Project property is used in a manner substantially different from the representations the Contractor has made in its Application or in the Project Description for this Agreement for the Project. In turn, the Department shall be responsible for notifying FT A Updated 9/17/1 0 Page 20 of35 080315 HC BOC Page 50 b. General. The Contractor agrees to comply with the property management standards of 49 C.F.R. §§ 18.31 through 18.33, including any amendments thereto, and with other applicable Federal and State regulations and directives. Any exception to the requirements of 49 C.F.R. §§ 18.31 through 18.33 requires the express approval of the Federal Government in writing. The Contractor also consents to the Department's reimbursement requirements for premature dispositions of certain Project equipment, as set forth in Subsection 17i of this Agreement. c. Maintenance and Inspection of Vehicles, Facilities and Other Project Equipment . The Contractor shall maintain all project equipment at a high level of cleanliness, safety, and mechanical soundness in accordance with the minimum maintenance requirements recommended by the manufacturer. The Contractor shall register all vehicle maintenance activities in a Comprehensive Maintenance Record or an electronic version of same. The Department shall conduct frequent inspections to confirm proper maintenance pursuant to this Subsection 17c of this Agreement and the State Management Plan. The Contractor shall collect and submit to the Department at such time and in such manner as it may require information for the purpose of the Department's Public Transportation Management System (PTMS). The Contractor shall maintain the facility, including any and all equipment installed into or added on to the facility as part of the Project, in good operating order and at a high level of cleanliness, safety and mechanical soundness in accordance with good facility maintenance and upkeep practices and in accordance with the minimum maintenance requirements recommended by the manufacturer for all equipment installed in or added to the facility as part of the Project. Such maintenance shall be in compliance with applicable Federal and state regulations or directives that may be issued, except to the extent that the Department determines otherwise in writing. The Department shall conduct inspections as it deems necessary to confirm proper maintenance on the part of the Contractor pursuant to Subsection 17c of the Agreement and the State Management Plan. Such inspections may or may not be scheduled ahead of time, but will be conducted such that they shall not significantly interfere with the ongoing and necessary functions for which the Project was designed. The Contractor shall make every effort to accommodate such inspections by the Department in accordance with the Department's desired schedule for such inspections. The Contractor shall collect and submit to the Department at such time and in such manner as the Department may require information for the purpose of the Department's Public Transportation Management System (PTMS) and any and all other reports the Department deems necessary. The Contractor shall also maintain and make available to the Department upon its demand all documents, policies, procedures, purchase orders, bills of sale, internal work orders and similar items that demonstrate the Contractor's maintenance of the facility in good operating order and at a high level of cleanliness, safety and mechanical soundness. d. Records. The Contractor agrees to keep satisfactory records pertaining to the use of Project property, and submit to the Department upon request such information as may be required to assure compliance with this Section 14 of this Agreement. e. Incidental Use. The Contractor agrees that: (1) General. Any incidental use of Project property will not exceed that permitted under applicable Federal and State laws, regulations, and directives. (2) Alternative Fueling Facilities. As authorized by 49 U.S.C. § 5323(p), any incidental use of its federally financed alternative fueling facilities and equipment by non-transit public entities and private entities will be permitted, only if the: (a) Incidental use does not interfere with the Contractor's Project or public transportation operations; (b) Contractor fully recaptures all costs related to the incidental use from the non-transit public Updated 9/17/10 Page 21 of35 080315 HC BOC Page 51 entity or private entity; (c) Contractor uses revenues received from the incidental use in excess of costs for planning, capital, and operating expenses that are incurred in providing public transportation; and (d) Private entities pay all applicable excise taxes on fuel. f. Title to Vehicles. The Certificate of Title to all vehicles purchased under the Approved Budget for this Project shall be in the name of the Contractor. The Department's Public Transportation Division shall be recorded on the Certificate of Title as first lien-holder. In the event of project termination or breach of contract provisions, the Contractor shall, upon written notification by the Department. surrender Project equipment and/or transfer the Certificate(s) of Title for Project equipment to the Department or the Department's designee. g. Encumbrance of Project Property. The Contractor agrees to maintain satisfactory continuing control of Project property as follows: (1) Written Transactions. The Contractor agrees that it will not execute any transfer of title, lease, lien, pledge, mortgage, encumbrance, third party contract, subagreement, grant anticipation note, alienation, innovative finance arrangement (such as a cross border lease, leveraged lease, or otherwise), or any other obligation pertaining to Project property, that in any way would affect the continuing Federal and State interest in that Project property. (2) Oral Transactions. The Contractor agrees that it will not obligate itself in any manner to any third party with respect to Project property. (3) Other Actions. The Contractor agrees that it will not take any action adversely affecting the Federal and State interest in or impair the Contractor's continuing control of the use of Project property. h. Transfer of Project Property. The Contractor understands and agrees as follows: (1) Contractor Request. The Contractor may transfer any Project property financed with Federal assistance authorized under 49 U.S.C. chapter 53 to a local governmental authority to be used for any public purpose with no further obligation to the Federal Government, provided the transfer is approved by the Federal Transit Administrator and conforms with the requirements of 49 U.S.C. §§ 5334(h)(1) through 5334(h)(3). (2) Federal/State Government Direction. The Contractor agrees that the Federal or State Government may direct the disposition of, and even require the Contractor to transfer title to any Project property financed with Federal/State assistance under this Agreement. (3) Leasing Project Property to Another Party. (a) General. Prior to entering into any third party contract for leasing Project property to another party, the Contractor agrees to obtain approval from the Department. If the Contractor leases any Project property to another party, the Contractor agrees to retain ownership of the leased Project property, and assure that the lessee will use the Project property appropriately, through a written lease between the Contractor and lessee. The Contractor agrees to use the standard lease agreement form provided by the Department and to provide a copy of the signed, executed lease agreement to the Department. In accordance with Subsection 5g of this Agreement, regardless of assignment of work to be completed under this Project or lease of Project assets to a third party, it is the Updated 9/17/1 0 Page 22 of35 080315 HC BOC Page 52 Contractor's primary responsibility to comply with Federal and State requirements of this Agreement and assure the compliance of any third party contractors. (b) Lease of Vehicles. The lease of vehicles acquired with financial assistance authorized for 49 U.S.C. 5311 to any third party is contingent upon approval of the Department. It is allowable to lease vehicles to another Community Transportation System providing general public service in the State of North Carolina, upon approval of the Department. It is also allowable for vehicles to be leased to a third party operator or transportation management company that operates the transit service within a county/region under contract to the Contractor, upon approval of the Department. The Contractor agrees to use the vehicle lease agreement provided by the Department when vehicles are leased, even if on a short-term basis, to another Community Transportation System or a management company. The Contractor agrees to obtain written approval from the Department before the lease is executed and forward a copy of the signed, executed lease agreement to the Department. The Contractor, as a Community Transportation System, shall not lease vehicles to human service agencies, county agencies/government, community agencies or school systems. The Contractor agrees not to loan vehicle(s) to other agencies/individuals for short-term use, even during hours that the transportation system is not providing service, as the vehicle(s) will generally be used to provide service that is "closed-door," i.e., not open to the general public. i. Disposition of Project Property. With prior Department approval, the Contractor may sell, transfer, or lease Project property and use the proceeds to reduce the gross project cost of other eligible capital public transportation projects to the extent permitted by 49 U.S.C. § 5334(h)(4). The Contractor also agrees that the Department shall determine "useful life" for all Project property and that the Contractor will use Project property continuously and appropriately throughout the useful life of that property. Upon the end of the period of useful life, the Contractor may dispose of Project property after notifying and receiving disposition instructions from the Department. (1) Project Property Whose Useful Life Has Expired. When the useful life of Project property has expired, the Contractor agrees to comply with the Department's disposition requirements. (2) Project Property Prematurely Withdrawn from Use. For Project property withdrawn from appropriate use before its useful life has expired, the Contractor agrees as follows: (a) Notification Requirement. The Contractor agrees to notify the Department immediately when any Project property is prematurely withdrawn from appropriate use, whether by planned withdrawal, misuse, or casualty loss. (b) Calculating the Fair Market Value of Prematurely Withdrawn Project Property. The Contractor agrees that the Federal/State Government retains a Federal/State interest in the fair market value of Project property prematurely withdrawn from appropriate use. The amount of the Federal/State interest in the Project property shall be determined by the ratio of the Federal/State assistance awarded for the property to the actual cost of the property. The Contractor agrees that the fair market value of Project property prematurely withdrawn from use will be calculated as follows: 1. Equipment and Supplies. The Contractor agrees that the fair market value of Project equipment and supplies shall be calculated by straight-line depreciation of that property, based on the useful life of the equipment or supplies as established by the Department. The fair market value of Project equipment and supplies shall be the value immediately before the occurrence prompting the withdrawal of the equipment or supplies from appropriate use. In the case of Project equipment or supplies lost or damaged by fire, casualty, or natural disaster, the fair market value shall be calculated on the basis of the condition of that equipment or supplies immediately before the fire, casualty, or natural Updated 9/17/10 Page 23 of35 080315 HC BOC Page 53 disaster, or the amount of insurance coverage, whichever is greater. £. Real Property. The Contractor agrees that the fair market value of real property financed under the Project shall be determined by FT A either on the basis of competent appraisal based on an appropriate date approved by FTA, as provided by 49 C.F.R. Part 24, by straight line depreciation of improvements to real property coupled with the value of the land as determined by FTA on the basis of appraisal, or other Federal law or regulations that may be applicable. ~-Exceptional Circumstances. The Contractor agrees that the Department may require the use of another method to determine the fair market value of Project property. In unusual circumstances, the Contractor may request that another reasonable valuation method be used including, but not limited to, accelerated depreciation, comparable sales, or established market values. In determining whether to approve such a request, the Department may consider any action taken, omission made, or unfortunate occurrence suffered by the Contractor with respect to the preservation of Project property withdrawn from appropriate use. (c) Financial Obligations to the Federal/State Government. The Contractor agrees to remit to the Department the Federal and State interest in the fair market value of any Project property prematurely withdrawn from appropriate use. In turn, the Department shall be responsible to remit the Federal interest to the FT A. In the case of fire, casualty, or natural disaster, the Contractor may fulfill its obligations to remit the Federal and State interest by either: 1. Investing an amount equal to the remaining Federal and State interest in like-kind property that is eligible for assistance within the scope of the Project that provided Federal/State assistance for the Project property prematurely withdrawn from use; or £. Returning to the Department an amount equal to the remaining Federal and State interest in the withdrawn Project property. j. Insurance Proceeds. If the Contractor receives insurance proceeds as a result of damage or destruction to the Project property, the Contractor agrees to: (1) Apply those insurance proceeds to the cost of replacing the damaged or destroyed Project property taken out of service, or (2) Return to the Department an amount equal to the remaining Federal and State interest in the damaged or destroyed Project property. k. Transportation -Hazardous Materials. The Contractor agrees to comply with applicable requirements of U.S. Pipeline and Hazardous Materials Safety Administration regulations, "Shippers - General Requirements for Shipments and Packaging," 49 C.F.R. Part 173, in connection with the transportation of any hazardous materials. 1. Misused or Damaged Project Property. If any damage to Project property results from abuse or misuse occurring with the Contractor 's knowledge and consent, the Contractor agrees to restore the Project property to its original condition or refund the value of the Federal and State interest in that property, as the Department may require. m. Responsibilities after Project Closeout. The Contractor agrees that Project closeout by the Department will not change the Contractor's Project property management responsibilities as stated in Section 14 of this Agreement, and as may be set forth in subsequent Federal and State laws, Updated 9/17/1 0 Page 24 of35 080315 HC BOC Page 54 regulations, and directives, except to the extent the Department determines otherwise in writing. Section 18. Insurance: The Contractor shall be responsible for protecting the state and/or federal financial interest in the facility construction/renovation and equipment purchased under this Agreement throughout the useful life. The Contractor shall provide, as frequently and in such manner as the Department may require, written documentation that the facility and equipment are insured against loss in an amount equal to or greater than the state and/or federal share of the real value of the facility or equipment. Failure of the Contractor to provide adequate insurance shall be considered a breach of contract and, after notification may result in termination of this Agreement. In addition, other insurance requirements may apply, the Contractor agrees as follows: a. Minimum Requirements. At a minimum, the Contractor agrees to comply with the insurance requirements normally imposed by North Carolina State and local laws, regulations, and ordinances, except to the extent that the Department determines otherwise in writing. b. Flood Hazards. To the extent applicable, the Contractor agrees to comply with the flood insurance purchase provisions of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. § 4012a(a), with respect to any Project activity involving construction or an acquisition having an insurable cost of $10,000 or more. Section 19. Relocation. When relocation of individuals or businesses is required, the Contractor agrees as follows: a. Relocation Protections. The Contractor agrees to comply with 49 U.S.C. § 5324(a), which requires compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §§ 4601 et seq.; and U.S. DOT regulations, "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs," 49 C.F.R. Part 24, which provide for fair and equitable treatment of persons displaced and persons whose property is acquired as a result of Federal and federally assisted programs. [See, new U.S. DOT final rule, "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs," 49 C.F.R. Part 24, at 70 Fed. Reg. 590 et seq., January 4, 2005.] These requirements apply to relocation in connection with all interests in real property acquired for the Project regardless of Federal participation in the costs of that real property. b. Nondiscrimination in Housing. In carrying out its responsibilities to provide housing that may be required for compliance with Federal relocation requirements for individuals, the Contractor agrees to comply with Title VIII of the Civil Rights Act of 1968, as amended, 42 U.S.C. §§ 3601 et seq., and with Executive Order No. 12892, "Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing," 42 U.S.C. § 3608 note. c. Prohibition Against Use of Lead-Based Paint. In undertaking construction or rehabilitation of residential structures on behalf of individuals affected by real property acquisition in connection with implementing the Project, the Contractor agrees that it will not use lead-based paint, consistent with the prohibitions of Section 401(b) of the Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. § 4831(b), and the provisions of U.S. Housing and Urban Development regulations, "Lead- based Paint Poisoning in Certain Residential Structures." Section 20. Real Property. For real property acquired with Federal assistance, the Contractor agrees as follows: a. Land Acquisition. The Contractor agrees to comply with 49 U.S.C. § 5324(a), which requires compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §§ 4601 et seq.; and with U.S. DOT regulations, "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs," 49 C.F.R. Part 24. [See, new U.S. DOT final rule, "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs," 49 C.F.R. Part 24, 70 Fed. Reg. 590 et seq., January 4, 2005.] These requirements apply to all interests in real property acquired for Project purposes Updated 9/17/1 0 Page 25 of35 080315 HC BOC Page 55 regardless of Federal participation in the cost of that real property. b. Covenant Assuring Nondiscrimination. The Contractor agrees to include a covenant in the title of the real property acquired for the Project to assure nondiscrimination during the useful life of the Project. c. Recording Title to Real Property. To the extent required by FTA and the Department, the Contractor agrees to record the Federal and/or State's interest in title to real property used in connection with the Project and/or execute at the request of the Department any instrument or documents evidencing or related to the State's interest in the Project's property. (1) As a condition of its participation in a Facility Project, the Department will retain a secured interest in the Project for the estimated life of the Project, expected to be forty (40) years, following completion of the Project; or the prorated share of the original investment or current fair market value (the higher value of the two); whichever comes first. d. Department Approval of Changes in Real Property Ownership. The Contractor agrees that it will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities used in the Project without prior written permission and instructions from the Department. e. Disposal of Real Property. (1) If useful life is not attained, upon the sale or disposition of any Project facility, the Department shall be entitled to a refund of the original state and/or federal investment or the state and/or federal prorated share of the current fair market value of the project facility, whichever is greater. (2) For the purpose of this Agreement, the term "any sale or disposition of the Project facility" shall mean any sale or disposition of the facility for a use not consistent with purposes for which the state and/or federal share was originally granted pursuant to the Project Agreement, or for a use consistent with such purposes wherein the transferee in the sale or disposition does not enter into an assignment and assumption agreement with the Contractor with respect to the Contractor's obligation under this Agreement or the Grant Agreement, so that the transferee becomes obligated as if the transferee had been the original party. Section 21. Employee Protections. a. Construction Activities. The Contractor agrees to comply, and assures the compliance of each third party contractor and each subrecipient at any tier of the Project, with the following laws and regulations providing protections for construction employees: (1) Davis-Bacon Act, as amended, 49 U.S.C. § 5333(a), which requires compliance with the Davis-Bacon Act, 40 U.S.C. §§ 3141 et seq., and implementing U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5; (2) Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. §§ 3701 et seq., specifically, the wage and hour requirements of Section 102 of that Act at 40 U.S.C. § 3702, and implementing U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5; and the safety requirements of Section 107 of that Act at 40 U.S.C. § 3704, and Updated 9/17/10 Page 26 of35 080315 HC BOC Page 56 implementing U.S. DOL regulations, "Safety and Health Regulations for Construction," 29 C.F.R. Part 1926;and (3) Copeland "Anti-Kickback" Act, as amended, 18 U.S.C. § 874 and 40 U.S.C. Section 3145 and implementing U.S. DOL regulations, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States," 29 C.F.R. Part 3. b. Activities Not Involving Construction. The Contractor agrees to comply, and assures the compliance of each third party contractor and each subrecipient at any tier of the Project, with the employee protection requirements for nonconstruction employees of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. §§ 3701 et seq., in particular the wage and hour requirements of Section 102 of that Act at 40 U.S.C. § 3702, and with U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5. c. Activities Involving Commerce. The Contractor agrees that the provisions of the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., apply to employees performing Project work involving commerce. d. Public Transportation Employee Protective Arrangements for Projects in Nonurbanized Areas Authorized by 49 U.S.C. § 5311. The Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, U.S. DOL implementing procedures, and any revisions thereto. Section 22. Environmental Protections. The Contractor recognizes that many Federal and State laws imposing environmental and resource conservation requirements may apply to the Project. Some, but not all, of the major Federal laws that may affect the Project include: the National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321 through 4335; the Clean Air Act, as amended, 42 U.S.C. §§ 7401 through7671q and scattered sections of Title 29, United States Code; the Clean Water Act, as amended, 33 U.S.C. §§ 1251 through 1377; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §§ 6901 through 6992k; the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C. §§ 9601 through 9675, as well as environmental provisions within Title 23, United States Code, and 49 U.S.C. chapter 53. The Contractor also recognizes that U.S. EPA, FHWA and other Federal agencies have issued, and in the future are expected to issue, Federal regulations and directives that may affect the Project. Thus, the Contractor agrees to comply, and assures the compliance of each third party contractor, with any applicable Federal laws, regulations and directives as the Federal Government are in effect now or become effective in the future, except to the extent the Federal Government determines otherwise in writing. Listed below are environmental provisions of particular concern to FTA and the Department. The Contractor understands and agrees that those laws, regulations, and directives may not constitute the Contractor's entire obligation to meet all Federal environmental and resource conservation requirements. a. National Environmental Policy. Federal assistance is contingent upon the Contractor's facilitating FTA's compliance with all applicable requirements and implementing regulations of the National Environmental Policy Act of 1969, as amended, (NEPA) 42 U.S.C. §§ 4321 through 4335 (as restricted by 42 U.S.C. § 5159, if applicable); Executive Order No. 11514, as amended, "Protection and Enhancement of Environmental Quality," 42 U.S.C. § 4321 note; FTA statutory requirements at 49 U.S.C. § 5324(b); U.S. Council on Environmental Quality regulations pertaining to compliance with NEPA, 40 C.F.R. Parts 1500 through 1508; and joint FHWNFTA regulations, "Environmental Impact and Related Procedures," 23 C.F.R. Part 771 and 49 C.F.R. Part 622, and subsequent Federal environmental protection regulations that may be promulgated. The Recipient agrees to comply with the applicable provisions of 23 U.S.C. Section 139 pertaining to environmental procedures, and 23 U.S.C. Section 326, pertaining to State responsibility for categorical Updated 9/17/10 Page 27 of35 080315 HC BOC Page 57 exclusions, in accordance with the prov1s1ons of joint FHWA/FTA final guidance, "SAFETA-LU Environmental Review Process (Public Law 1 09-59)," 71 fed. Reg. 66576 et seq., November 15, 2006 and any applicable Federal directives that may be issued at a later date, except to the extent that FT A determines otherwise in writing. b. Air Quality. Except to the extent the Federal Government determines otherwise in writing, the Contractor agrees to comply with all applicable Federal laws, regulations, and directives implementing the Clean Air Act, as amended, 42 U.S.C. §§ 7401 through 7671 q, and: (1) The Contractor agrees to comply with the applicable requirements of Section 176(c) of the Clean Air Act, 42 U.S.C. § 7506(c), consistent with the joint FHWA/FTA document, "Interim Guidance for Implementing Key SAFETEA-LU Provisions on Planning, Environment, and Air Quality for Joint FHWA/FTA Authorities," dated September 2, 2005, and any subsequent applicable Federal directives that may be issued; with U.S. EPA regulations, "Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 US.C. or the Federal Transit Act," 40 C.F.R. Part 51, Subpart T; and "Determining Conformity of Federal Actions to State or Federal Implementation Plans," 40 C.F.R. Part 93, and any subsequent Federal conformity regulations that may be promulgated. To support the requisite air quality conformity finding for the Project, the Contractor agrees to implement each air quality mitigation or control measure incorporated in the Project. The Contractor further agrees that any Project identified in an applicable State Implementation Plan (SIP) as a Transportation Control Measure will be wholly consistent with the design concept and scope of the Project described in the SIP. (2) U.S. EPA also imposes requirements implementing the Clean Air Act, as amended, which may apply to public transportation operators, particularly operators of large public transportation bus fleets. Accordingly, the Contractor agrees to comply with the following U.S. EPA regulations to the extent they apply to the Project: "Control of Air Pollution from Mobile Sources," 40 C.F.R. Part 85; "Control of Air Pollution from New and In-Use Motor Vehicles and New and In-Use Motor Vehicle Engines," 40 C.F.R. Part 86; and "Fuel Economy of Motor Vehicles," 40 C.F.R. Part 600. (3) The Contractor agrees to comply with notice of violating facility provisions of Executive Order No. 11738, "Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," 42 U.S.C. § 7606 note. c. Clean Water. Except to the extent the Federal Government determines otherwise in writing, the Contractor agrees to comply with all applicable Federal regulations and directives issued pursuant to the Clean Water Act, as amended, 33 U.S.C. §§ 1251 through 1377. In addition: (1) The Contractor agrees to protect underground sources of drinking water consistent with the provisions of the Safe Drinking Water Act of 1974, as amended, 42 U.S.C. §§ 300f through 300j-6. (2) The Contractor agrees to comply with notice of violating facility provisions of Executive Order No. 11738, "Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," 42 U.S.C. § 7606 note. d. Use of Public Lands. The Contractor agrees that in implementing its Project, it will not use any publicly owned land from a park, recreation area, or wildlife or waterfowl refuge of national, State, or local significance as determined by the Federal, State, or local officials having jurisdiction thereof, and it will not use any land from a historic site of national, state, or local significance, unless the Federal Government makes the findings required by 49 U.S.C. §§ 303(b) and 303(c). The Contractor also agrees to comply with joint FHWA/FTA regulations, "Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites," 23 C.F.R. Parts 771 and 774, and 49 C.F.R. Part 622, when promulgated. e. Wild and Scenic Rivers. The Contractor agrees to comply with applicable provisions of the Wild and Scenic Rivers Act of 1968, as amended, 16 U.S.C. §§ 1271 through 1287, relating to protecting components of the national wild and scenic rivers system; and to the extent applicable, to Updated 9/17/10 Page 28 of35 080315 HC BOC Page 58 comply with U.S. Forest Service regulations, "Wild and Scenic Rivers," 36 C.F.R. Part 297, and with U.S. Bureau of Land Management regulations, "Management Areas," 43 C.F.R. Part 8350. f. Coastal Zone Management. The Contractor agrees to assure Project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972, as amended, 16 U.S.C. §§ 1451 through 1465. g. Wetlands. The Contractor agrees to facilitate compliance with the protections for wetlands in accordance with Executive Order No. 11990, as amended, "Protection of Wetlands," at 42 U.S.C. § 4321 note. h. Floodplains. The Contractor agrees to comply with the flood hazards protections in floodplains in accordance with Executive Order No. 11988, as amended, "Floodplain Management," 42 U.S.C. § 4321 note. i. Endangered Species and Fisheries Conservation. The Contractor agrees to comply with protections for endangered species set forth in the Endangered Species Act of 1973, as amended, 16 U.S.C. §§ 1531 through 1544, and the Magnuson Stevens Fisheries Conservation Act, as amended, 16 U .S.C. §§ 1801 et seq. j. Historic Preservation. The Contractor agrees to encourage compliance with the Federal historic and archaeological preservation requirements of Section 106 of the National Historic Preservation Act, as amended, 16 U.S.C. § 470f; with Executive Order No. 11593, "Protection and Enhancement of the Cultural Environment," 16 U.S.C. § 470 note; and with the Archaeological and Historic Preservation Act of 1974, as amended, 16 U.S.C. §§ 469a through 469c, as follows: (1) In accordance with U.S. Advisory Council on Historic Preservation regulations, "Protection of Historic and Cultural Properties," 36 C.F.R. Part 800, the Contractor agrees to consult with the State Historic Preservation Officer concerning investigations to identify properties and resources included in or eligible for inclusion in the National Register of Historic Places that may be affected by the Project, and agrees to notify FTA of those properties that are affected. (2) The Contractor agrees to comply with all applicable Federal regulations and directives to avoid or mitigate adverse effects on those historic properties, except to the extent the Federal Government determines otherwise in writing. k. Indian Sacred Sites. The Contractor agrees to facilitate compliance with the preservation of places and objects of religious importance to American Indians, Eskimos, Aleuts, and Native Hawaiians, in compliance with the American Indian Religious Freedom Act, 42 U.S.C. § 1996, and with Executive Order No. 13007, "Indian Sacred Sites," 42 U.S.C. § 1996 note, except to the extent the Federal Government determines otherwise in writing. I. Mitigation of Adverse Environmental Effects. Should the proposed Project cause or result in adverse environmental effects, the Contractor agrees to take all reasonable measures to minimize the impact of those adverse effects, as required by 49 U.S.C. § 5324(b), and other applicable Federal laws and regulations, including 23 C.F.R. Part 771 and 49 C.F.R. Part 622. The Contractor agrees to comply with all environmental mitigation measures that may be identified as commitments in applicable environmental documents, (i.e., environmental assessments, environmental impact statements, memoranda of agreement, and other documents as required by 49 U.S.C. § 303) and agrees to comply with any conditions the Federal Government might impose in a finding of no significant impact or record of decision. The Contractor agrees that those environmental mitigation measures are incorporated by reference and made part of this Agreement for the Project. The Contractor also agrees that any deferred mitigation measures will be incorporated by reference and made part of this Agreement for the Project as soon as agreement with the Federal Government is reached. The Contractor agrees that those mitigation measures agreed upon may not be modified or withdrawn without the express written approval of the Federal Government. Section 23. Energy Conservation. The Contractor agrees to comply with the North Carolina Energy Policy Act of 1975 (N.C.G.S. 1138) issued in accordance with the Energy Policy and Conservation Act, as amended, 42 U.S.C. §§ 6321 et seq., except to the extent that the Department determines otherwise in writing. To the extent applicable, the Contractor agrees to perform an energy Updated 9/17/1 0 Page 29 of35 080315 HC BOC Page 59 assessment for any building constructed, reconstructed, or modified with FTA assistance, as provided in FTA regulations, "Requirements for Energy Assessments," 49 C.F.R. Part 622, Subpart C. Section 24. Charter Service Operations. The Contractor acknowledges that Federal and State requirements prohibit the use of vehicles, facilities and equipment funded by Federal or State grant programs for the provision of charter services unless it is determined that there are no willing and able charter operators in the service area. Federal law does not provide exceptions to these regulations for vehicles that are loaned or leased to other agencies or entities. The Contractor agrees that neither it nor any public transportation operator performing work in connection with a Project financed under 49 U.S.C. chapter 53 will engage in charter service operations, except as authorized by 49 U.S.C. § 5323(d) and FTA regulations, "Charter Service," 49 C.F.R. Part 604, and any subsequent Charter Service regulations or FTA directives that may be issued, except to the extent that FTA determines otherwise in writing. Any charter service agreement required by FTA regulations is incorporated by reference and made part of this Agreement for the Project. The Contractor understands and agrees that in addition to any remedy specified in the charter service agreement, if a pattern of violations of that agreement is found, the violator will be barred from receiving Federal transit assistance in an amount to be determined by FTA or U.S. DOT. Section 25. School Transportation Operations. The Contractor agrees that neither it nor any public transportation operator performing work in connection with a Project financed under 49 U.S.C. chapter 53 will engage in school transportation operations for the transportation of students or school personnel exclusively in competition with private school transportation operators, except as authorized by 49 U.S.C. §§ 5323(f) or (g), as applicable, and FTA regulations, "School Bus Operations," 49 C.F.R. Part 605, and any subsequent School Transportation Operations regulations or FTA directives that may be issued. Any school transportation operations agreement required by FTA regulations is incorporated by reference and made part of this Agreement for the Project. The Contractor understands and agrees that if it or an operator violates that school transportation operations agreement the violator will be barred from receiving Federal transit assistance in an amount to be determined by FTA or U.S. DOT. Section 26. Geographic Information and Related Spatial Data. In accordance with U.S. OMB Circular A-16, "Coordination of Geographic Information and Related Spatial Data Activities," August 19,2002, the Contractor agrees to implement its Project so that any activities involving spatial data and geographic information systems activities financed directly or indirectly, in whole or in part, by Federal assistance, consistent with the National Spatial Data infrastructure promulgated by the Federal Geographic Data Committee, except to the extent that FTA determines otherwise in writing. Section 27. Motor Carrier Safety. To the extent applicable, the Contractor agrees to comply with, and assures the compliance of its subrecipients, lessees, and third party contractors with, applicable provisions of the following regulations promulgated by the U.S. Federal Motor Carrier Safety Administration (U.S. FMCSA): a. Financial Responsibility. The Contractor agrees as follows: Updated 9/17/1 0 (1) To the extent that the Contractor is engaged in interstate commerce and not within a defined commercial zone, the Contractor agrees to comply with U.S. FMCSA regulations, "Minimum Levels of Financial Responsibility for Motor Carriers," 49 U.S.C. Part 387, dealing with economic registration and insurance requirements. For recipients of Federal assistance under 49 U.S.C. §§ 5307, 5310, or 5311, 49 C.F.R. Part 387 is modified by 49 U.S.C. § 31138(e)(4) which reduces the amount of insurance required of such recipients to the highest amount of any state in which the transit provider operates. Page 30 of35 080315 HC BOC Page 60 (2) To the extent that the Contractor is engaged in interstate commerce and not within a defined commercial zone and is not a unit of government (defined as Federal Government, a state, any political subdivision of a state or any agency established under a compact between states), the Contractor agrees to comply with U.S. FMCSA regulations, Subpart 8, "Federal Motor Carrier Safety Regulations," at 49 CFR Parts 390 through 396. b. Driver Qualifications. The Contractor agrees to comply with U.S. FMCSA's regulations, "Commercial Driver's License Standards, Requirements, and Penalties," 49 C.F.R. Part 383. c. Substance Abuse Rules for Motor Carriers. The Contractor agrees to comply with U.S. FMCSA's regulations, "Drug and Alcohol Use and Testing Requirements," 49 C.F.R. Part 382, which apply to transit providers that operate a commercial motor vehicle that has a gross weight rating over 26,000 pounds or is designed to transport sixteen (16) or more passengers, including the driver. Section 28. Substance Abuse. To the extent applicable, the Contractor agrees to comply with the following Federal substance abuse regulations: a. Drug-Free Workplace. U.S. OMB Guidance, "Goverernmentwide Requirements for Drug-Free Workplace (Financial Assistance)." 2 C.F. R. Part 182, U.S. DOT regulations, "Governmentwide Requirements for Drug-Free Workplace (Financial Assistance), 49 C.F.R. Part 32, that implement the Drug-Free Workplace Act of 1988, 41 U.S.C. §§ 701 et seq. b. Alcohol Misuse and Prohibited Drug Use. FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 C.F.R. Part 655, that implement 49 U.S. C. § 5331. Section 29. Seat Belt Use. In accordance with Executive Order No. 13043, "Increasing Seat Belt Use in the United States," April16, 1997, 23 U.S. C.§ 402 note, the Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned, rented, or personally operated vehicles, and to include this provision in any third party contracts, third party subcontracts, or subagreements involving the Project. Section 30. Text Messaging While Driving. In accordance with Executive Order No. 13513, Federal Leadership on Reducing Text Messaging While Driving October 1, 2009, 23 U.S.C.A. § 402 note, and DOT Order 3902.10, Text Messaging While December 30, 2009, the Grantee is encouraged to comply with the term of the following Special Provision. a. Definitions. As used in this Special Provision: (1) "Driving" means operating a motor vehicle on a roadway, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. "Driving does not include being in your vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to remain stationary. (2) 'Text Messaging" means reading from or entering data into any handheld or other electric device, including the purpose of short message service texting, e-mailing, instant messaging, obtaining navigating information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include the use of a cell phone or other electronic device for the limited purpose of entering a telephone number to make an outgoing call or answer an incoming call, unless the practice is prohibited by State or local law. b. Safety. The Grantee is encouraged to: (1) Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving- (a) Grantee-owned or Grantee-rented vehicles or Government-owned, leased or rented vehicles; Updated 9/17/1 0 Page 31 of35 080315 HC BOC Page 61 (b) Privately-owned vehicles when on official Project related business or when Performing any work for or on behalf of the Project; or (c) Any vehicle, on or off duty, and using an employer supplied electronic device. (2) Conduct workplace safety initiatives in a manner commensurate with the Grantee's size, such as: (a) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and (b) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. (3) Include this Special Provision in its subagreements with its subrecipients and third party contracts and also encourage its subrecipients, lessees, and third party contractors to comply with the terms of this Special Provision, and include this Special Condition in each subagreement, lease, and third party contract at each tier financed with Federal assistance provided by the Federal Government. Section 31. Protection of Sensitive Security Information. To the extent applicable, the Contractor agrees to comply with 49 U.S.C. § 40119(b) and implementing U.S. DOT regulations, "Protection of Sensitive Security Information," 49 C.F.R. Part 15, and with 49 U.S.C. § 114(s) and implementing U.S. Department of Homeland Security, Transportation Security Administration regulations, "Protection of Sensitive Security Information," 49 C.F.R. Part 1520. Section 32. Disputes, Breaches, Defaults, or Other Litigation. The Contractor agrees that FTA and the Department have a vested interest in the settlement of any dispute, breach, default, or litigation involving the Project. Accordingly: a. Notification to the Department. The Contractor agrees to notify the Department in writing of any current or prospective major dispute, breach, default, or litigation that may affect the Federal/State Government's interests in the Project or the Federal/State Government's administration or enforcement of Federal/State laws or regulations. If the Contractor seeks to name the Federal/State Government as a party to litigation for any reason, in any forum, the Contractor agrees to inform the Department in writing before doing so. In turn, the Department shall be responsible for notifying FTA. b. Federal/State Interest in Recovery. The Federal/State Government retains the right to a proportionate share, based on the percentage of the Federal/State share awarded for the Project, of proceeds derived from any third party recovery, except that the Contractor may return any liquidated damages recovered to its Project Account in lieu of returning the Federal/State share to the Department. c. Enforcement. The Contractor agrees to pursue all legal rights provided within any third party contract. d. FTA and Department Concurrence. The FTA and the Department reserve the right to concur in any compromise or settlement of any claim involving the Project and the Contractor. e. Alternative Dispute Resolution. The Department encourages the Contractor to use alternative dispute resolution procedures, as may be appropriate. Section 33. Amendments/Revisions to the Project. The Contractor agrees that a change in Project circumstances causing an inconsistency with the terms of this Agreement for the Project will require an amendment or revision to this Agreement for the Project signed by the original signatories or their authorized designees or successors. The Contractor agrees that a change in the fundamental information submitted in its Application will also require an Amendment to its Application or this Agreement for the Project. The Contractor agrees that the project will not incur any costs associated with the amendment or revision before receiving notification of approval from the division. The Contractor agrees that any requests for amendments and or revisions will be submitted in accordance with the policies and procedures established by FTA and the Department. Updated 9/17/10 Page 32 of35 080315 HC BOC Page 62 Section 34. Information Obtained Through Internet Links. This Agreement may include electronic links/Web site addresses to Federal/State laws, regulations, and directives as well as other information. The Department does not guarantee the accuracy of information accessed through such links. Accordingly, the Contractor agrees that information obtained through any electronic link within this Agreement does not represent an official version of a Federal/State law, regulation, or directive, and might be inaccurate. Thus, information obtained through such links is neither incorporated by reference nor made part of this Agreement. The Federal Register and the Code of Federal Regulations are the official sources for regulatory information pertaining to the Federal Government. Section 35. Severability. If any provision of the FT A Master Agreement or this Agreement for the Project is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable Federal/State laws or regulations. Section 36. Termination of Agreement. a. The Department of Transportation. In the event of the Contractor's noncompliance with any of the provisions of this Agreement, the Department may suspend or terminate the Agreement by giving the Contractor thirty (30) days advance notice. Any failure to make reasonable progress on the Project or violation of this Agreement for the Project that endangers substantial performance of the Project shall provide sufficient grounds for the Department to terminate the Agreement for the Project. In general, termination of Federal and State assistance for the Project will not invalidate obligations properly incurred by the Contractor before the termination date to the extent those obligations cannot be canceled. If, however, the Department determines that the Contractor has willfully misused Federal/State assistance by failing to make adequate progress, failing to make reasonable and appropriate use of Project property, or failing to comply with the terms of this Agreement for the Project, the Department reserves the right to require the Contractor to refund the entire amount of Federal and State assistance provided for the Project or any lesser amount as the Department may determine. Expiration of any Project time period established for the Project does not, by itself, constitute an expiration or termination of the Agreement for the Project. The Department, before issuing notice of Agreement termination, shall allow the Contractor a reasonable opportunity to correct for noncompliance. Upon noncompliance with the nondiscrimination section (Section 8) of this Agreement or with any of the said rules, regulations or orders, this Agreement may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for contracts in accordance with procedures authorized in Executive Orders No. 11246 and No. 11375, and such other sanctions may be imposed and remedies invoked as provided in the said Executive Order or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. In addition to the Department's rights of termination described above, the Department may terminate its participation in the Project by notifying and receiving the concurrence of the Contractor within sixty (60) days in advance of such termination. b. The Contractor. The Contractor may terminate its participation in the Project by notifying and receiving the concurrence of the Department sixty (60) days in advance of the termination. Updated 9/17/1 0 Page 33 of35 080315 HC BOC Page 63 Section 37. Contract Administrators. All notices permitted or required to be given by one Party to the other and all questions about this Agreement from one Party to the other shall be addressed and delivered to the other Party's Contract Administrator. The name, postal address, street address, telephone number, fax number, and email address of the Parties' respective initial Contract Administrators are set out below. Either Party may change the name, postal address, street address, telephone number, fax number, or email address of its Contract Administrator by giving timely written notice to the other Party. F th D or e epartmen: IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Name: MS. MYRA FREEMAN Name: MS. MYRA FREEMAN Title: FINANCIAL MANAGER Title: FINANCIAL MANAGER Agency: NCDOT/PTD Agency: NCDOT/PTD MSC: 1550 MSC Street TRANSPORTATION BLDG Address: 1 S WILMINGTON ST RM 524 City/Zip: RALEIGH NC 27699-1550 City: RALEIGH NC Phone: 919-707-4672 Fax: 919-733-2304 Email: MSFREEMAN1 @NCDOT.GOV For the Contractor: IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Name: 8arr'l A. B\e.u\f'\"5) Title: &ienero.\ 5e nJ iL-e~ 'D\-vec..-tor Name:'Born{ A. 81-e.uin.S . Title: G-en-en::. I Sen.>i£:~:~s ,'"'1:>1 r ec...-toY Agency: Harnett Ar-eo.. "ll--an~i+ 5-.js+ei(IA..> Agency: )-1e..rnet\-'Areu. R1.u a..\ lr ~si1 'S.I.J:ste~V~ Postal Street Address: PO 0ot-<g5 Address: d.50 H \--ttO¥yje"j)) r'~ve City/Zip: Li 1\in[)ton J .9-1.54-\e City: Li I I i n~n Phone: CiiC>-15Cf3-753/.p Fax: q10-'814~ ~~~.<;> 3 Email: hblev·ui:S6J Mr()t:+t-.orn ...) Section 38. Federal Certification Regarding Lobbying. The Contractor certifies, by signing this Agreement, its compliance with Subsection 6d of this Agreement. Section 39. Federal Certification Regarding Debarment. The Contractor certifies, by signing this Agreement, its compliance with Subsection 6b of this Agreement. Section 40. Federal Certification Regarding Alcohol Misuse and Prohibited Drug Use. As required by FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," at 49 CFR part 655, subpart I, the Contractor certifies, by signing this Agreement, that it has established and implemented an alcohol misuse and anti-drug program, and has complied with or will comply with all applicable requirements of FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 CFR part 655, and Section 28 of this Agreement. Section 41. Ethics Acknowledgement Policy on Gifts. 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." Updated 9/17/10 Page 34 of35 080315 HC BOC Page 64 IN WITNESS WHEREOF, this Agreement has been executed by the Department, an agency of the State of North Carolina, and the Contractor by and through a duly authorized representative, and is effective the date and year first above written. COUNTY OF HARNETT CONTRACTOR'S FEDERAL TAX ID NUMBER: CONTRACTOR'S FISCAL YEAR END: JUNE 30, 2016 BY: TITLE: CHAIRPERSON (SEAL) ATTEST: TITLE: DEPARTMENT OF TRANSPORTATION BY: TITLE: DEPUTY SECRETARY FOR TRANSIT ATTEST: TITLE: SECRETARY Updated 9/17/10 Page 35 of35 080315 HC BOC Page 65 APPENDIX A NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION PROJECT NUMBER: 16-CT-040 APPROVED BUDGET SUMMARY EFFECTIVE DATE 7/1/2015 PROJECTSPONSOR: HARNETTCOUNTY PROJECT DESCRIPTION: FY2016 COMMUNITY TRANSPORTATION PROGRAM 1. TOTAL PROJECT EXPENDITURES DEPARTMENT-4521 ADMINISTRATION-36233.50.18.1 PERIOD OF PERFORMANCE JULY 01, 2015 -JUNE 30, 2016 DEPARTMENT-4523 CAPITAL I-36233.50.18.3 PERIOD OF PERFORMANCE JULY 01,2015-JUNE 30, 2016 II. TOTAL PROJECT FUNDING TOTAL FEDERAL ADMINISTRATION-36233.50.18.1 100% 80% AGREEMENT# 0 $219,108 $175,286 TOTAL FEDERAL CAPITAL I-36233.50.18.3 100% 80% AGREEMENT# 0 $56,500 $45,200 TOTAL $275,608 $220,486 $219,108 $56,500 STATE LOCAL 5% 15% $10,955 $32,867 STATE LOCAL 10% 10% $5,650 $5,650 $16,605 $38,517 080315 HC BOC Page 66 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION APPROVED PROJECT BUDGET PROJECT: 16-CT -040 SPONSOR: HARNETTCOUNTY WBS: 36233.50.18.1 ---5EPARTMENY4Er2T---ADMINis'fRA:tTol'f _______________________________________________ _ ----------------------------------------------------------------------------------------APPROVED-- TITLE-OBJECT G121-SALARIES AND WAGES-FULL TIME G127-SALARIES AND WAGES-LONGEVITY G181 -Social Sec. Contrib. G182 -Retirement Contrib. G183-Hasp. Ins. Contrib. G185 -Unemp. Camp. Contrib G186-Workers Camp Cont. G 198 -Medical Review Off G212-Uniforms G261 -Office Sup & Mat. G291 -Computer Supplies G311 -Travel G312-Travel Subsis. G321 -Telephone Service G325 -Postage G331 -Electricity G333 -Natural Gas G334-Water G335-Sewer G336-Trash Collection G341 -Printing & Reprod G357-Rep & Maint-Commun. G359 -Other Rep & Maint. G371 -Mrktng.Paid Adv G372 -Promotional Items G391 -Legal Advertising G394 -Cleaning Services G395-Training-Employ Edu. G431 -Lease Reproduct Eq G433-Lease Communicate Eq G452-Insurance-Vehicles G481 -Central Services G491 -Dues and Subscript TOTAL ADMIN Approved Admin Budget BUDGET $ 97,014 $ 341 $ 7,448 $ 8,192 $ 21,135 $ 1,100 $ 6,100 $ 1,000 $ 7,210 $ 1,206 $ 300 $ 1,500 $ 1,000 $ 1,500 $ 150 $ 4,000 $ 2,000 $ 650 $ 525 $ 300 $ 600 $ 1,000 $ 4,100 $ 4,382 $ 1,056 $ 443 $ 300 $ 1,250 $ 276 $ 8,400 $ 16,303 $ 17,548 $ 779 $ 219,108 Page 2 of 4 080315 HC BOC Page 67 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION APPROVED PROJECT BUDGET PROJECT: 16-CT-040 SPONSOR: HARNETT COUNTY SALARY AND WAGE DETAIL FTE BUDGET SO NO POSITION NO % RATE AMOUNT DEPT. 4521 OBJECT CODE 121 01 TRANSIT SVR. MGR. 01 100% 02 TRANSIT SVR. ASST. 01 100% ADMIN. SUPP. SPECIALST 01 100% TOTAL-OBJECT CODE 121 DEPT. 4521 OBJECT CODE 125 01 01 100% TOTAL-OBJECT CODE 125 DEPT. 4521 OBJECT CODE 126 01 CLERK 01 100% TOTAL-OBJECT CODE 126 TOTAL DEPT. 4521 SALARIES AND WAGES Approved Salary and Wage Detail $38,435 $26,017 $32,562 $ 12,480 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 38,435 26,017 32,562 97,014 12,480 12,480 $ 109,494 3 of 4 080315 HC BOC Page 68 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION APPROVED PROJECT BUDGET PROJECT: SPONSOR: WBS: 16-CT-040 HARNETT COUNTY 36233.50.18.3 ·---[)-E:-F>J\-~-;:~-E:-~-:r-Lf5:23-:-cs~F>f4rl\-c-,------------------------------------------ ·----------------------------------------------------------------------J\rsrs~C5\i~15-- OBJECT-TITLE BUDGET G546-20Ft. L T W/L F-Rpl $ 56,500 TOTAL CAPITAL $ 56,500 Approved Capital Budget Page 4 of 4 080315 HC BOC Page 69 Board Meeting Agenda Item Agenda I tern Lf• H MEETING DATE: August 3, 2015 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Acceptance of LST A EZ Edge Technology Grant REQUESTED BY: Patrick Fitzgerald-Library Director REQUEST: The Harnett County Public Library respectfully requests to accept the EZ Edge Technology Grant from the NC Statte Library in the amount of$5000 with no match required. These funds will be used to purchase five additional laptops and software. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: P:\BOC\agendafonn20 15.doc Page I of! 080315 HC BOC Page 70 GRAI'\T AGREEMEI'IT LSTA 2014-2015 EZ Edge Technology Grant, Round 2 This is an agreement by and between Harnett County Public Library, hereinat1er referred to as .. the Library, .. and the State Library of North Carolina, Department of Cultural Resources, hereinafter referred to as the "State Library." The State Library has agreed to fund this grant with federal Library Services and Technology Act (LST A) funds in the amount of $5,000.00 to be disbursed through North Carolina Accounting System accounting fund 46011495410145. The Catalog ofF ederal Domestic Assistance (CFDA) number for this grant is 45.310. This agreement is in effect upon signing by all parties, but no earlier than July 1, 2015, and will tenninate on August 31, 2015, unless amended by mutual consent. Institution and/or Library Name: Harnett County Public Library Mailing Address: ?. (), B 0 X /I L-jq City, State, ZIP: L; 1\.-A_Jtor\. /Vc d.J5L-j lk' Project manager name/title: 1\ \ I~'\ f' j 1\ · fr CJ ns t_CA,._ I \C... \._/,v Q ~ } _t'bS !Skc-n.J. VU'T tt t"·(" c>;n;{) IT! ,iYZ'<..riCi i) Project manager telephone: C( 1 (:). ?S' ~ -3ljl{ (o Project manager email: CL-n"''( c._ C\.,0 l e23@ ):y~~~±t c £9 DUXS Number: Federal Employer Identification "'umber: "'"'~.L---t.~t,<do~~O~C~)(""p~e.::,O~G:r;;.·--------------- Libra1y fiscal year ending date: June 30 IX CO~SIDERA TION OF RECEIVING THE ABOVE REFEREXCED GRAI\'T FUNDING, THE LIBRARY HEREBY AGREES TO: 1. Accept and administer an LST A grant from the State Library in the amount of $5,000.00 for costs associated with the project represented in the Library's grant application. grant award letter, and any amendments thereto. 2. Abide by all Grant Provisions as certified in this document and the grant application; including any certifications submitted with this grant agreement such as Children's Internet Protection Act (CIPA) Compliance and Certification Regarding Debannent and Suspension; Lobbying; Federal Debt Status; Nondiscrimination. 3. Regularly infonn the State Library on the progress of project activities as defined in the grant application. 4. Encumber and expend project funds (grant and matching) • only upon or after the effective date of this grant agreement and before its tennination; • in accordance with the project budget as submitted with the project application, or as modified in the grant award letter, or as amended and approved by the State Library; and • in accordance with all applicable local, state and federal laws and regulations. 2014-2015 LST A Grant Agreement page I of 5 080315 HC BOC Page 71 5. Expend project funds in a manner that ensures free and open competition. 6. Complete all project expenditures by August 31,2015 or as amended by mutual consent. 7. On or before August 31,2015, submit a single request for reimbursement with appropriate documentation of eligible project expenditures as defined in the grant application. 8. If eligible. the Library and all sub grantees shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the perfonnance of this Contract, pursuant to N.C.G.S. 105-164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their reimbursement reports. 9. Acknowledge the Institute of Museum and Library Services in all related publications and activities in conjunction with the use of grant funds as follows: .. This publication/activity/program/etc. was supported by grant funds from the Institute of Museum and Library Services under the provisions of the federal Library Services and Technology Act as administered by the State Library of North Carolina. a division of the Department of Cultural Resources.·· Submit a copy of any publications or materials produced under the grant to the State Library. I 0. Provide library services resulting from the grant to all members of the community served, in compliance with all Federal statutes relating to non-discrimination on the basis of race, color, national origin, sex, handicap, or age. I I. Request prior written approval from the State Library for any subcontracting or assignment to any sub!:,'Tantee or assignee. Neither the Library nor any sub grantee or assignee is relieved of the duties and responsibilities of this agreement. Sub grantees and assignees a!:,'Tee to abide by the tenns of this agreement and must provide all infonnation necessary for the Library to comply with the tenns of this agreement. I 2. Only approved, awarded expenditures are allowable; any funds not expended as defined in the grant application will be repurposed by the State Library upon tennination of this agreement. I 3. Submit a final report to the State Library by September 30, 2015, providing a summary of project expenditures, a narrative of project activities, evaluative elements, and an assessment of the goals achieved as defined in the grant application. !4. Certify upon completion of the grant that grant funds were received, used, and expended for the purposes for which they were granted. I 5. Maintain adequate financial records to ensure complete reporting, and retain programmatic, financial, and audit records relating to the grant for a minimum of three years from the due date of the final grant report at the end of the Five Year Plan, or until all audit exceptions have been resolved, whichever is longer. Provide access upon request to the Department of Cultural Resources, Office of the State Auditor, Institute of Museum and Library Services and the Comptroller General or their designees, to ail records and documents related to the award, including audit work papers in possession of any auditor of the Library. I 6. Ensure that grant funds are audited in compliance with state and federal audit requirements for local govemments and public authorities, institutions of higher education, and non-profit organizations, and, as applicable, according to the standards of the federal Single Audit Act of 1984 as amended 1996 and 2003, and Circular A-133 .. Audits of States, Local Governments. and Non-Profit Organizations'· as supplied by the Executive Office ofthe President, Office of Management and Budget, Washington, DC. 2014-2015 LSTA Grant Agreement page 2 of5 080315 HC BOC Page 72 17. Comply with the requirements ofNorth Carolina General Statute 143C-6-23: .. State grant funds: administration; oversight and reporting requirements" and the corresponding rules of North Carolina Administratiw Code. Title 9. Subchapter 03M. ··Uniform Administration of State Grants:· including submission of required financial reports within six months (or nine months for $500,000 threshold) of the end ofthe Library's fiscal year(s) in which grant funds are received. 1 R. The State Auditor and the using agency" s internal auditors shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7 and Session Law 2010-194, Section 21 (i.e., the State Auditors and internal auditors may audit the records of the contractor during and after the tenn of the contract to verify accounts and data affecting fees or perfonnance). 19. File \Vith the State Library a copy of the Library's policy addressing conflicts of interest that may arise involving the Library"s management employees and members of its board of directors. commissions, or other governing body. The policy shall address situations in which any of these individuals may directly or indirectly benefit. except as the Library's employees or members of its board. commissions. or other governing body. from the Library's disbursing of h>rant funds and local matching funds and shall include actions to be taken by the Library or the individual, or both, to avoid conflicts of interest and the appearance of impropriety. (N.C.G.S. 143C-6-23(b)). The policy shall be filed before the State Library may disburse the grant funds, unless the Library is covered by the provisions ofN.C.G.S. 160A-479.11 and 14-234. 20. File \Vith the State Library the Library's sworn \Yritten statement completed by the Library's board of directors or other governing body stating that, pursuant to N.C.G.S. 143C-6-23(c), the Library does not have any overdue tax debts. as defined by N .C.G.S. 105-243.1, at the federal, State. or local level. The policy shall be filed before the State Library may disburse the grant funds. unless the LibraryiscoveredbytheprovisionsofG.S.160A-479.11 and 14-234. THE STATE LIBRARY AGREES TO: 1. Award LST A grant funds to the Library in the amount and under the tenns and conditions stated above, subject to the availability of funds. 2. Pay LST A grant funds upon receipt of reimbursement requests for approved, awarded expenditures submitted by the Library. Pay by September 30, 2015, all approved requests received on or before August 31,2015. 3. Assist the Library as appropriate and necessary with the implementation of this project. Provide monitoring and oversight through a combination of periodic emails, calls, visits, and review of reimbursement requests and reports. 4. Report on this project to the federal funding agency, the Institute of Museum and Library Services, and theN orth Carolina Office of State Budget and Management in accordance with all applicable federal and state requirements. THIS AGREEMENT may be amended, if necessary, upon the mutual acceptance of a written amendment to this agreement signed and dated by the Library and the State Library. Such amendment(s) shall state any and/or all change(s) to be made. This agreement may be tenninated by mutual consent \vith 60 days· prior written notice or as otherwise provided by law. 2014-2015 LSTA Grant Agreement page 3 of 5 080315 HC BOC Page 73 Returning signed agreements signifies accepting the grant award; awards not accepted by July 31, 2015 may be withdravm. [Please sign in blue ink.] Signature, Library,J)irector -~ (Printed Name) <V-vtr~L{(_ _}, hl2£)~ \~ X _____________________________________________ _ Date --------------------Signature, Local Government or Institutional Representative (Printed Name , Title) ------------------------------------------------------ x------~~~--~~--~~~--------------------- Signature, Cal Shepard, State Librarian Date __________ _ Return two complete sets of this agreement with original signatures in blue ink to: LST A Grant Agreements; Library Development Section, State Library of North Carolina; 4640 Mail Service Center; Raleigh, NC 27699-4640. 2014-2015 LSTA Grant Agreement page 4 of 5 080315 HC BOC Page 74 GRANT PROVISIONS The following state and federal provisions apply to the LSTA grant program. Libraries awarded grants must agree to comply with these provisions. 1. Grant Agreement and Timing of Expenditures Official notification of the grant award must be received from the State Library and a grant agreement (formal agreement between the grantee and the State Library) signed by both the representatives of the library and the State Librarian before any funds may be encumbered or expended for the project. 2. Allowable and Unallowable Costs Grantees must carry out the grant project according to the approved grant proposal, and all federal funds must be expended solely for the purpose for which a grant was awarded. The following costs are unallowable and may not be proposed as grant project costs: bad debts, contingencies, contributions and donations, entertainment, fines and penalties, under recovery of costs under grant agreements (excess costs from one grant agreement are not chargeable to another grant agreement). 3. Legal and Regulatory Compliance Grantees must expend grant funds in accordance with all applicable local, state, and federal laws and regulations. 4. Budget Revisions and Programmatic Changes Grantees must not deviate from the approved budget and plan for carrying out the grant project as contained in the approved grant application unless prior approval is obtained from the State Library. 5. Records Retention Grantees must maintain adequate records to ensure complete reporting, and retain programmatic and financial records relating to the grant for a minimum of three years from the due date of the final grant report at the end of the Five Year Plan, or until all audit exceptions have been resolved, whichever is longer. 6. Free and Open Competition Purchases made from grant funds must be carried out to ensure free and open competition to the extent possible. Libraries eligible to purchase under state contract may use this option for grant purchases. 7. Debarment & Suspension Transactions for the purposes of this grant will not knowingly be made with parties who have been debarred or suspended from receiving Federal financial assistance under Federal programs and activities (Debarment and Suspension Certification). See Excluded Parties List System at https://www.sam.gov . 8. Equipment Purchases and Inventory Equipment with a per unit price above $5,000 requires advance written approval from the State Library. If fair market value at the time of surplus or disposal exceeds $5,000, disposal must be cleared with the State Library. 9. Publicizing & Acknowledging Funds Grantees are required to credit IMLS/LSTA in all related publications and activities in conjunction with the use of grant funds. Grantees should publicize grant-supported activities in available and appropriate media. The following acknowledgement statement must be used when meeting these requirements: "This publication/activity/program was supported by grant funds from the Institute of Museum and Library Services under the provisions of the federal Library Services and 2014-2015 LSTA Grant Agreement Technology Act as administered by the State Library of North Carolina, a division of the Department of Cultural Resources."' Copies of any publications or materials produced under the grant must be submitted to the State Library. IMLS logos are available at http://www.imls.gov/recipients/imls acknowledgement.aspx 10. Lobbying Grantees are prohibited by federal law from using grant funds to pay costs associated with lobbying Congress or the public for purposes of influencing elections, legislation, or the award of any federal funds. Grantees receiving an award of over $100,000 must file a certification regarding lobbying. 11. Non-discrimination All library services provided as a result of federal grant funds must be available without discrimination to all members of the community served. Participation may not be denied on the basis of race, color, national origin, handicap, age, or sex. Relevant legislation includes but is not limited to the following: Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000 et seq.); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §§701 et seq.); Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-83, and 1685-86); the Age Discrimination in Employment Act of 1975, as amended (42 U.S.C. §§6101 et seq.). 12. Trafficking in Persons Grantees must comply with 22 U.S.C. § 7104(g) which prohibits engaging in trafficking in persons, procuring a commercial sex act, or using forced labor. 13. Audit and Financial Reporting Requirements LSTA grants must be audited in compliance with federal and state audit requirements for local governments and public authorities, institutions of higher education, and non-profit organizations. The following source documents outline the standards and requirements: • United States Office of Management and Budget: (OMB) Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations. • North Carolina General Statute 143C-6-23 "State grant funds: administration; oversight and reporting requirements," and the corresponding rules of North Carolina Administrative Code, Title 09, Chapter 03M, "Uniform Administration of State Grants." LEGAL REFERENCES: • 2 CFR 220 -Cost Principles for Educational Institutions (formerly OMB Circular A-21) 2 CFR 225-Cost Principles for State, Local, and Indian Tribal Governments {formerly OMB Circular A-87) • 2 CFR 230 -Cost Principles for Non-Profit Organizations (formerly OMB Circular A-122) • 45 CFR 1110 -Nondiscrimination in Federally Assisted Programs • 45 CFR 1170-Nondiscrimination on the Basis of Handicap in Federally Assisted Programs and Activities • 45 CFR 1183-Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 45 CFR 1185 -Governmentwide Debarment and Suspension (Non procurement) and Governmentwide Requirements for Drug-Free Workplace (Grants) • OMB Circular A-1 02 -Grants and Cooperative Agreements with State and Local Governments • OMB Circular A-11 0-Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations page 5 of5 080315 HC BOC Page 75 AGE NDA ITEM 6 AUGUST 3, 2015 APPOINTMENTS NEEDED ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE Laurinda B. Southerland and Peggy McDougald are interested in being ap ointed to serve on this committee . (a~ lications are forthcoming) We need nine additional members appo inted to serve on this committee. Member s receive mileage reimbursement as claimed. This Committee was established to work to maintain the spirit of the Rest Home Bill of Rights and to promote community involvement and cooperation with rest homes , family care, and an integration of these homes into a system of care for the elderly . This group holds quarterly training and facility visits. Members receive mileage reimbursement as claimed. HARNETT COUNTY PUBLIC FACILITIES CORP. BOARD OF DIRECTORS We have a vacancy for an at-large member on this board. HARNETT NURSING HOME COMMUNITY ADVISORY COMMITTEE Shirley White McNeal and Patricia Walker Smith are interested in being a~(!ointed to serve on this committee. (ap licati ons are forthcoming) We need three additional members appointed to serve on this committee . This Committee was established to work to maintain the intent of the Nursing Home Resident Bill of Rights and to promote community involvement and cooperation with nursing homes. This group holds quarterly training and facility visits. Members receive mileage reimbursement as claimed . HISTORIC PROPERTIES COMMISSION We currently have vacancies for regular members in Districts 2 and 5 as well as vacancies for alternate members on this commission. NON PROFIT COMMITTEE Charles Moore (nominated by Commissioner McKoy for District 1) is interested in serving on this committee. Mr. Moore lives at 125 Juni er Drive in Dunn, NC. SAND HILLS CENTER BOARD OF DIRECTORS Commiss ioner Barbara M cKoy and Ms . Elaine Hayes are interested in being reap on this on the Sandhills Center Board of Directors. (letters attached) Page 1 -Appointments 080315 HC BOC Page 76 SANDHILLS CENTER A LOCAL MANAG EMENT ENTITY -MANAG ED C ARE O RGANIZ ATIO N MANAGING MENTAL HEALTH, INTELLECTUAL/DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE SERVICES 910 .673.9111 o (FAX) 910.673.6202 WWW.SANDHJLLSCENTER.DRG VICTORIA WHITT, CEO July 8, 2015 Commissioner Barbara McKoy Harnett County · PO Box 759 Lillington, NC 27546 Dear Commissioner McKoy: According to our records, the current term of Elaine Hayes, on the Sandhills Center Board of Directors, will expire September 2015 . Please note that she is eligible for reappointment to a three year term . Reappointment by the Harnett County Commissioners is required in order to continue serving on the Sandhills Center Board of Directors . Thank you for your assistance. If I can provide you with any additional information, or if you would like to discuss this matter, please feel free to contact me . Lbk Victoria Whitt Chief Executive Officer VW/spb cc: Elaine Hayes Thad Ussery Gina Wheeler P.O. Box 9, West End, NC 27376 Serving Anson, Guilford, Harnett, Hoke, Lee, Montgomery, Moore, Randolph, & Richmond Counties Av aila bl e 24 h o urs a day a t 1 -8 00-256-2452 8 A("( REDITf.ll J.II,IJ ., -\UI .'.!.i< H \l llt-.,J',\PY tr. 080315 HC BOC Page 77 SANDHILLS CENTER A LOC AL MANAGEM ENT ENTITY -MANAGED CAR E O RG ANIZATION MANAGING MENTAL HEALTH, INTELLECTUAL/DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE SERVICES 910.673.9111 {FAX) 910.673 .6202 WWW.SANDHILLSCENTER.ORG VICTORIA WHITT, CEO July 8, 2015 Commiss ioner Barbara McKoy Harnett County PO Box 759 Lillington, NC 27546 Dear Commissioner McKoy: According to our records, you were appointed to fill the unexpired term of Gary House on the Sandhills Center Board of Directors which will expire September 2015 . Please note that you are eligible, upon the expiration of this term, to be appointed to your first three year term. Reappointment by the Harnett County Commissioners is required in order to continue serving on the Sandhills Center Board of Directors. Thank you for your assistance . If I can provide you with any additional information, or if you would like to discuss this matter, please feel free to contact me . Sincerely, 6_;4- Victoria Whitt Chief Executive Officer VW/spb cc : Thad Ussery Gina Wheeler P.O. Box 9, West End, NC 27376 Serving Anson, Guilford, Harnett, Hoke, Lee, Montgomery, Moore, Randolph, & Richmond Counties Available 24 hours a day at 1-800-256-2452 8 ACCRt:DI H.JJ ld ': l ( •,t II ! •,1: i' 1:1 '\J IJ !'o;J'J.I It').. 080315 HC BOC Page 78 Gina Wheeler From: Sent: To: Subject: Hi Gina, Barbara McKoy <barbara6@embarqmail.com> Friday, July 24, 2015 1:26 PM Gina Wheeler Committe Members These are some names and addresses of people that are interested in serving our the county committees. If you have any questions please call or email me. Thanks, Commissioner McKoy Nursing Home Shirley White Me Neal PO Box 134 Dunn, N.C 28335 Patricia Walker Smith P.O. Box 3175 Buies Creek, NC 27506 Adult Home Laurinda B. Southerland 342 Tirzah Dr. Lillington, NC 27545 Peggy McDougald 55 Whittington Rd. Bunnlevel, NC 28323 Non Profit Committee for District 1 Charles Moore 125 Jupiter Dr. Dunn, NC 28334 1 080315 HC BOC Page 79 Agenda Item l ·ax Department www.harnett.org Harnett County Government Complex 305 W. Cornelius Harnett Boulevard Suite 101 Lillington, NC 27546 July 20, 2015 Mr. Joseph Jeffries Manager, County of Harnett 102 East Front Street Lillington, NC 27546 Dear Mr. Jeffries: In accordance with North Carolina General Statute 105-373(a), I, S. Keith Faulkner, Tax Administrator for the County of Harnett, make a sworn report showing a list of unpaid taxes, as of June 30, 2015, constituting liens on real property and a list of unpaid taxes on personal property not constituting liens on real property and make settlement for the 2014 taxes. Attached you will find the amounts of unpaid taxes on real and personal property, including licensed motor vehicles. Should you need to discuss these reports, please do not hesitate to contact me. Subscribed and swoJ to before me this b\o'l-h day of J Ullg , ~OL5 . S. Keith Faulkner Tax Administrator Notary Public\Jttpnaxub m. Ntl~QYU Address of Notary Pube JJl I Frux~ ~L }Jroa.a vv N{_, J, 505 My Commission Expires Q.3-\lO-q Enclosures strong roots • new growth ph: 910-893-7520 fax: 910-814-4017 080315 HC BOC Page 80 The annual settlement as of June 30, 2015 Charges Total Levy for 2014 Interest Collected Releases (underpay overpay write-offs) Total Charges Credits Total Collections for 2014 tax levy Rebates (Releases) Principal amount of 2014 uncollected taxes constituting liens on real property Principal amount of 2014 uncollected taxes on motor vehicles Total Credits 53,196,949.60 139,778.07 (1,857.47) 53,334,870.20 52,558A99.87 451,217.15 324,219.32 933.86 53,334,870.20 080315 HC BOC Page 81