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071816a Agenda PackageHARNETT COUNTY BOARD OF COMMISSIONERS County Administration Building 102 East Front Street Lillington, North Carolina Regular Meeting July 18 ,2016 7 :00pm 1. Call to order -Chairman Jim Burgin 2. Pledge of Allegiance and Invocation -Commissioner Abe Elmore 3 . Consider additions and deletions to the published agenda 4. Consent Agenda A. Minutes B. Budget Amendments C. Tax rebates, refunds and releases D. Resolution in Support of Designating a Portion ofN.C. 87 in Harnett County in Honor ofNascar Legend Herb Thomas E. General Services' Harnett Area Rural Transit (HARTS) requests approval of the NC DOT FY 17 5311 grant agreement in the amount of $285,428; total county match is $47,108. The grant covers both capital and administration costs associated with providing public transportation for the citizens of Harnett County. General Services also requests approval of an additional grant funded position as NC DOT approved funding for an additional admin. position which is included in the total grant funding. F. Administration requests that the Board of Commissioners rescind their award of contract (June 20, 2016) to Allied Fire & Safety for fire extinguisher services for July 1, 2016 -June 30, 2019 in the amount of $12 ,030. This is due to the increase in cost and having received only one bid. Staff requests approval to go back out for bid for this service. G. Administration requests that the Board of Commissioners rescind their award of contract (June 20, 2016) to Clegg's Pest Control for pest and fire ant control services for July 1, 2016-June 30,2019 in the amount of$123,540. This is due to the increase in cost and having received only one bid. Staff requests approval to go back out for bid for this service . H. Administration requests that the Board of Commissioners rescind their award of contract (June 20, 2016) to Johnson Controls for HVAC services for July 1, 2016 to June 30, 2019 in the amount of $626,331.00. This is due to the increase in cost and having received only one bid. Staff requests approval to go back out for bid for this service. I. Resolution to Terminate an Agreement for Purchase and Sale of Real Property Dated May 27, 2016. J. Human Resources request approval to amend the Personnel Ordinance; Article III, Section 9E "In the event a reclassification results in the downgrade of a position, the County Manager has the authority to reclassify that position without Board of Commissioners approval." Page 1 071816 HC BOC Page 1 K. Harnett County General Services ' Animal Services requests approval of a change to the current spay/neuter voucher program to move toward a pre-release spay/neuter program. With this change, Animal Services, partnering with Harnett Animal Welfare Coalition, will begin pre-release spay/neuter procedures before adoption of eligible animals. Eligible animals will be determined by the Animal Services manager. Staff also requests approval of new fees reflecting cost for size and male/female, dogs/cats to be added to the department's fee schedule. L. Harnett County Health Department requests approval to establish and/or increase the following fees for services: NEW CPT CODE DESCRIPTION RECOMMENDED PRICE 87651 Rapid Strep $35.00 LAB TEST (Replacing CPT 87880-Strep Test) 87502 Influenza A & B $75.00 LAB TEST (Replacing CPT 87804-Flu Test) 92550 Tympanometry $25.00 HEARING SCREENING TOOL 90621 Trumenba (Meningitis B) $150.00V ACClNE INCREASE CPT CODE DESCRIPTION RECOMMENDED PRICE 90670 PCV13 (Prevnar) recommend $174 Insurance ($174 Plus Admin Fee 90471) Medicare (Plus Admin G0009 $24.31 Vaccine $173.69 = $198) 90632 I 90633 Hep A recommend $45 90662 Flu-High Dose recommend $61 Medicare-(Plus Admin G0008 $24.3 1 Vaccine $36.69 = $61) 90732 Pneumococcal Vaccine recommend $1 07 Medicare-(Plus Admin G0009 $24.31 Vaccine $82.69 = $1 07) 5. Period of up to 30 minutes for informal comments allowing 3 minutes for each presentation 6. Appointments 7. Consider proposed zoning change: Case# RZ-16-116 , Landowner/ Applicant: Johnny Faircloth; 2.52 +/-acres (consisting 5 parcels) Pin's # 9575-24-1972, 9575-24-4817, 9575- 24-4764, 9575-25-2300; 9575-25-1192; From RA-20R to Commercial Zoning District; Off NC Hwy 24 (on Red Bird Drive & Chipmunk Court); Johnsonville Township. 8. County Manager's Report -Joseph Jeffries , County Manager 9. New Business Designation of Voting Delegate to NCACC Annual Conference Harnett County Financial Summary Report-May 2016 Harnett County Sales Tax Analysis by Article Veteran Affairs Activities Report -June 2016 Interdepartmental Budget Amendments 10. Closed Session 11. Adjourn Page 2 071816 HC BOC Page 2 Agenda Item __ 1./_._-__.A~--- HARNETT COUNTY BOARD OF COMMISSIONERS Minutes ofRegular Meeting June 20, 2016 The Harnett County Board of Commissioners met in regular session on Monday, June 20, 2016, in the Commissioners Meeting Room, County Administration Building, 1 02 East Front Street, Lillington, North Carolina. Members present: Staff present: Jim Burgin, Chairman Gordon Springle, Vice Chairman Abe Elmore, Commissioner Barbara McKoy, Commissioner Joe Miller, Commissioner Joseph Jeffries, County Manager Paula Stewart, Deputy County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Chairman Burgin called the meeting to order at 7:00pm. Members of the Harnett County Veterans Council led the Pledge of Allegiance. Commissioner Elmore led the invocation. Chairman Burgin called for additions and deletions to the published agenda. Commissioner Miller moved to approve the agenda as published. Commissioner McKoy seconded the motion which passed unanimously. Commissioner Elmore moved to approve the following items listed on the consent agenda. Commissioner Miller seconded the motion which passed unanimously. 1. Minutes: June 6, 2016 Regular Meeting 2. Budget Amendments: 442 Health Department Code 110-7600-441.32-77 Credit Card Processing fee 110-7600-441.32-77 Food & Lodging 445 EMS Department Code 110-5400-420.11-05 Salaries/Wages 110-5400-420.11-14 Longevity 110-5400-420.23-00 Regular Retirement 110-5400-420.26-08 Workers Comp 110-5400-420.33-45 Contracted Services 110-5400-420.60-31 Gas 44 increase 44 increase 20,000 decrease 567 decrease 25,000 decrease 90,000 decrease 1,031 decrease 1 7,000 decrease June 20,2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 14 071816 HC BOC Page 3 445 EMS Department continued Code 110-5400-420.60-33 Materials & Supplies 110-5400-420.74-74 Capital Outlay 110-5401-420.11-05 Salaries & Wages 110-5401-420.26-08 Workers Compensation 1 I 0-5401-420.33-45 Contracted Services I I 0-540I -420.60-3 I Gas I I 0-5300-420.1 I -00 Salaries & Wages 1 I 0-5300-420.11-05 Salaries overtime 110-5300-420.11-06 Comp Time Payout 1 I0-5300-420.11-14 Longevity 110-5300-420.21-01 Retirees Insurance 110-5300-420.21-05 Employee Clinic 110-5300-420.22-00 FICA Tax Expense 110-5300-420.23-00 Regular Retirement 110-5300-420.23-01 Supplemental Retirement 110-5300-420.26-08 Workers Compensation 110-5400-420.11-00 Salaries & Wages 110-5400-420.12-00 Salaries-part time 110-5401-420.11-00 Salaries & Wages 110-5401-420.12-00 Salaries-part time 110-5401-420.22-00 FICA Tax & Expense 446 Public Utilities Campbell Osteopathic Project PU1202 544-9100-431.46-01 Residual Equity 544-0000-314.50-00 Sales Tax 448 General Fund 110-4155-410.12-00 Legal Services Part time 110-4155-410.23-00 Legal Services Retirement 110-4300-410.11-13 Board ofElections Vacation 110-4300-410.11-14 Board of Elections Longevity 110-4300-410.11-00 Board OfElections Salaries & Wages I 10-4500-410.11-14 Tax Longevity 110-4500-410.11-00 Tax Salaries & Wages 11 0-461 0-41 0.1 I -14 Fleet Management Longevity 110-461 0'-41 0.23-00 Fleet Maintenance Retirement 11 0-4650-41 0.11-05 Transportation Overtime 110-4650-410.1 I -06 Transportation Comp Time Payout I I 0-4650-41 0.1 I -13 Transportation Vacation Payout I 10-4650-410.23-00 Transportation Retirement 110-4651-410.11-06 Transportation Admin Comp time payout 110-4651-410.11-13 Transportation Admin Vacation Payout 110-4651-41 0.11-14 Transportation Salaries & Wages I 10-4900-410.11-00 IT Comp Time Payout 898 decrease I 2,000 decrease 18,000 decrease 20,000 decrease 204 decrease 21,000 decrease 22,000 decrease 12,000 decrease 1,000 decrease 2, 719 decrease 1,000 decrease 1,000 decrease 4,000 decrease 4,000 decrease 4,800 decrease 6,011 decrease 195,000 increase 8,500 increase 25,000 increase 51,230 increase 4 ,500 increase 890 increase 890 increase 834 increase 834 decrease 93 increase 18 increase 11 1 increase 2402 increase 2402 decrease 31 increase 31 decrease 144 increase 736 increase 2,083 increase 2,963 decrease 743 increase 2,815 increase 5 increase 1 00 increase June 20, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 14 071816 HC BOC Page 4 448 General Fund continued Code 110-4900-410.11-06 IT Salaries & Wages I1 0-7300-465.11-06 Coop Ext. Comp time payout 1I 0-7300-465 .I1-13 Coop Ext. Vacation payout 110-7300-465 .II-14 Coop Ext. Longevity 110-7300-465.11-00 Coop Ext. Salaries & Wages 11 0-7550-441.11-13 Aging CAP Vacation Payout 110-7550-441.11-00 Aging CAP Salaries & Wages 110-7600-441.11-06 Health Comp Time Payout 110-7600-441.11-00 Health Salaries & Wages 110-8100-450.11-06 Library Comp Time Payout 11 0-81 00-450.11-I3 Library Vacation Payout 110-8100-450.21-01 Library Group Insurance Retirees 110-8100-450.21-0I Library Salaries & Wages 110-8200-450.11-14 Parks & Rec Longevity 110-8200-450.11-00 Parks & Rec Salaries & Wages 449 General Fund 110-8701-490.90-05 Interfund Transfers Capital Reserve 110-5400-420.30-04 EMS Professional Services II 0-0000-3I3.30-09 NC Sales Tax Medical Hold Harmless II 0-0000-34 7.54-02 Medicaid Settlement EMS 450 Qualified School Construction Bond Project CP 160 I 334-8300-480.32-74 Lafayette Elementary School 334-8300-480.32-97 Western Harnett Middle School 334-8300-480.32-66 Harnett Central Middle 334-0000-361.50-00 Interest Earned 451 General Fund II0-4I00-410.11-01 BOC Salaries & Wages II 0-4I 00-4I 0.22-00 BOC FICA II 0-4I 00-410.25-10 BOC Unemployment 110-4150-410.11-00 Admin Salaries & Wages 110-4150-410.11-06 Admin Comp Time Payout 110-4150-410.11-14 Admin Longevity 110-4150-410.22-00 Admin FICA 110-4150-410.23-00 Admin Retirement 11 0-4150-410.25-10 Admin Unemployment 110-4155-410.11-00 Legal Salaries & Wages 1I 0-4155-410 .22-00 Legal FICA I1 0-4155-4I 0.25-10 Legal Unemployment I1 0-461 0-4I O.II-00 Fleet Maintenance Salaries & Wages II 0-46I 0-4I 0.25-I 0 Fleet Maintenance Unemployment II0-4650-4IO.II-OO Transportation Salaries & Wages 1 00 decrease 544 increase 3,099 increase 1 increase 3,644 decrease 5,146 increase 5,146 decrease 35 increase 35 increase 71 increase 3,644 increase 1, I86 increase 4,851 decrease 3 increase 3 decrease 1 ,862 ,112 increase 52 ,510 increase 1,339,321 increase 575,301 increase I2, I99 decrease 1I ,337 decrease 11 ,337 decrease 34,873 decrease 2,095 increase 68 increase 22 increase 30,454 increase 2, I60 increase 26 increase 4,436 increase I ,051 increase 4I 0 increase 928 increase 209 increase 3I increase 334 increase 14 increase I4,080 increase June 20, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of I4 071816 HC BOC Page 5 451 General Fund continued Code 110-4700-41 O.II-00 Facilities Maintenance Salaries 2,235 increase II 0-4800-4I 0.25-10 Register of Deeds Salaries & Wages 2,005 increase II 0-4800-4I 0.25-I 0 Register of Deeds Unemployment 21 increase 11 0-5400-420.11-00 EMS Salaries & Wages I 00,000 increase 110-6700-429.11-00 Soil & Water Salaries & Wages 1,092 increase 110-6700-429.25-10 Soil & Water Unemployment 12 increase 11 0-71 00-465 .11-00 Industrial Development Salaries & Wages 465 increase 110-71 00-465.25-I 0 Industrial Development Unemployment 5 increase 110-7210-465.11-00 Abandoned MFG Home Salaries & Wages 122 increase I1 0-72I 0-465 .25-I 0 Abandoned MFG Home Unemployment 5 increase 11 0-7500-441.1I-OO Dept. of Aging Salaries & Wages 890 increase 11 0-7 500-441.25-1 0 Dept. of Aging Unemployment 9 increase I10-750I-441.1I-OO Family Caregiver Support Salaries & Wages 338 increase Il0-750I-441.25-I 0 Family Caregiver Unemployment 4 increase I1 0-7510-441.11-00 RSVP Salaries & Wages 427 increase 110-7510-441.25-10 RSVP Unemployment 5 increase 110-7552-441.11-00 Nutrition-Salary & Wages 392 increase 110-7552-441.25-10 Nutrition-Unemployment 11 increase 110-7800-441.11-00 Veterans Salaries & Wages 1,1 23 increase 11 0-7800-441.25-10 Veterans Unemployment 12 increase 110-7930-441.11-00 Restitution Salaries & Wages 943 increase 110-8800-490.32-16 Contingency 166,434 decrease 454 General Fund, Sheriffs Campbell Deputies 110-5101-420.11-00 Salaries & Wages Full Time 110-5101-420.60-31 Gas 456 Sheriff Department SRO positions 110-5115-420.11-00 Salaries & Wages 110-5115-420.I1-13 Salaries & Wages Vacation payout I1 0-5II5-420.22-00 FICA Tax Expense 110-5115-420.23-02 LEO Retirement 110-5115-420.23-05 LEO Supplemental Retirement II 0-5115-420-60-33 Materials & Supplies 458 Sheriffs Department, Communication 110-5110-420.1I-05 Salaries & Wages overtime 1I 0-511 0-420.I1-00 Salaries & Wages Holiday payout 110-5110-420.11-I3 Salaries & Wages vacation payout 1I 0-51I 0-420.12-00 Salaries & Wages part time 110-5110-420.22-00 FICA Tax Expense 110-5110-420.25-10 Unemployment Benefits 110-5110-420.23-01 Supplemental Retirement 11 0-51I 0-420.33-45 Contracted Services 4,000 increase 4,000 increase 6,500 increase 284 increase 534 increase 558 increase 339 increase 8,215 increase 1 00 increase 277 increase 3,248 increase 2,400 increase 2, 1 00 increase 30 increase 7,000 decrease 1, I 55 decrease June 20, 20I6, Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 14 071816 HC BOC Page 6 463 HC WIOA Dislocated Worker Program Fund 234-7411-465.11-00 Salaries & Wages 234-7411-465.22-00 FICA 234-7411-465.32-72 Supportive Services 234-7411-465.58-01 Training & Meetings 234-7411-465.58-19 Participant Travel 234-7411-465.35-83 Training Vouchers Authorizations 464 WIO Adults Program Fund 234-7410-465 .11-00 Salaries & Wages 234-7410-465.22-00 FICA 234-7410-465.35-83 Training Vouchers 234-7410-465.58-14 Travel Admin 234-7410-465.58-19 Travel Participant 466 Social Services Department 110-7700-441.36-13 Adult Care Home Training 110-7710-441.80-85 Progress Energy Neighbor 110-7710-441.80-60 Day Care Smart Start 110-7710-441.80-50 Day Care Subsidy 110-7710-441.89-50 Elderly Assistance Donations I10-0000-353.77-03 Adult Care Home Training 110-0000-330.77-01 Social Services Administration I10-0000-330.77-05 Day Care Smart Start 110-0000-330.77-04 Day Care Subsidy 110-0000-353.06-00 Social Services Donations 469 General Fund II 0-4700-4I 0.4I-I3 Facilities Maint. Triangle South 110-8800-490.32-16 Contingency 4 70 General Fund 110-5700-420.32-14 Medical Examiner 11 0-8800-490.32-I6 Contingency 471 Worker's Compensation Fund 90I-9801-410.32-90 Worker 's Compensation 90I-0000-356 .9I -05 Excess Reimbursement 473 Solid Waste 580-6600-461.74-74 Capital Outlay 580-0000-334.66-02 NCDENR Roll Off 580-0000-341.I2-00 Users Fees 515 increase 315 increase 470 increase 1 00 decrease 200 decrease 1,000 increase 465 increase 350 increase 1,000 increase 200 increase 1,615 increase I 1 7 decrease 2,245 decrease 8,000 increase 395,988 decrease 300 increase 1 1 7 decrease 2 ,2 45 decrease 8,000 increase 395,988 decrease 300 increase 878 increase 878 decrease 30,000 increase 30,000 decrease 181 ,483 increase 181,483 increase 80,000 increase 3 3, 790 increase 46 ,21 0 increase June 20, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 14 071816 HC BOC Page 7 475 Emergency Response Planning 263-5251-420.11-00 Salaries & Wages 263-5251-420.22-00 FICA 263-5251-420.25-10 Unemployment 263-5251-420.58-14 Travel Admin 476 Employee's Clinic 904-9802-410.11-00 Salaries & Wages 904-9802-410.25-1 0 Unemployment 904 -9802-410.30-04 Professional Services 480 WIA Out of School Youth Program Fund 234-7 407-465.1 1 -00 Salaries & Wages 234-7407-465.23-00 Retirement 234-7407-465.22-00 FICA 234-7407-465.25-07 Employee Clinic 234-7407-465.58-01 Training & Meetings 481 Library Department 110-8100-450.58-01 Training & Meetings 110-0000-331.81-02 LSTA Grant 482 Medical Insurance 906-9802-410.21-06 Payment of Claims 906-9802-410.30-31 Administrative Fee 906-0000-353.98-02 Contributions-Group Insurance 906-0000-353.98-09 Contributions-Medical/Daycare FSA 906-0000-356.91-05 Excess Reimbursement 906-0000-356.91-12 Wellness 483 Special Districts 242-8002-420.82-15 Anderson Creek DMV receipts 242-8004-420.82-15 Dunn Emergency Services 242-8005-420.82-15 Benhaven Fire DMV receipts 242-8007-420.82-15 Black River Fire DMV receipts 242-8008-420.82-15 Boone Trail DMV receipts 242-8009-420.82-15 Buies Creek DMV receipts 242-8011-420 .82-15 Cypress Pointe DMV receipts 242-8013-420.82-15 Duke (Erwin) Fire DMV receipts 242-8014-420.82-10 Flat Branch Fire DMF receipts 242-8016-420.82-15 Coats Grove Fire DMV receipts 242-8017-420.82-15 N. Harnett Fire DMV receipts 242-8019-420-82-15 Spout Springs DMV receipts 242-8021 -4 20.82-15 West Area Fire DMV receipts 242-8024-420.82-15 Crains Creek DMV receipts 594 increase 11 increase 6 increase 61 1 decrease 740 increase 8 increase 748 increase 380 increase 15 increase 1 00 increase 30 increase 525 decrease 750 increase 750 increase 1 ,000,000 increase 25,527 increase 1,000,000 increase 10,022 increase 1 5,2 31 increase 274 increase 56,092 increase 6,053 increase 45,812 increase 40,8 47 increase 22 ,876 increase 25,143 increase 1 ,899 increase 74,423 increase 25,185 increase 28,396 increase 35 ,490 increase 72,288 increase 2,806 increase 2,124 increase June 20, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 14 071816 HC BOC Page 8 3. 483 Special Districts continued Code 242-8025-420.82-15 Benson/Banner Fire DMV receipts 242-8033-420.82-15 Godwin Falcon Fire DMV receipts 242-8034-420.82-15 Summerville Bunnlevel 242-8035-420.82-15 Flatwoods Lillington DMV receipts 242-8035-420.82-15 West Johnson DMV receipts 242-0000-311 .1 0-01 Current Year Taxes 484 Special Districts Fund 242-8001-420.82-10 Special School Current Tax 242-8002-420.82-10 Anderson Creek Current Tax 242-8004-420.82-10 Dunn Emergency Services Current Tax 424-8005-420.8 2-10 Benhaven Fire Current Tax 242-8007-420.8 2-10 Black River Fire Current Tax 242-8008-420.82-10 Boone Trail Current Tax 242-8009-420.82-10 Buies Creek Current Tax 242-8011-420.82-10 Cypress Pointe Current Tax 242-8011-420.82-10 Delinquent 242-8013-420.82-10 Duke (Erwin) Fire Current Tax 242-8014-420.82-10 Flat Branch Fire Current Tax 242-8016-420.82-10 Coats Grove Fire Current Tax 242-8017-420.82-10 N. Harnett Fire Current Tax 242-8019-420-82-10 Spout Springs Current Tax 242-8021-420.82-10 West Area Fire Current Tax 242-8024-420.82-10 Crains Creek Current Tax 242-8025-420.82-10 Benson/Banner Fire Delinquent 242-8034-420.82-10 Summerville Bunnlevel Current Tax 242-8035-420.82-10 West Johnson Delinquent 485 Group Insurance Fund 902-9802-410 .21-02 Group Insurance HRA 902-0000-356 .91-06 Settlement Refund Tax rebates, refunds and releases (Attachment 1) 4,072 increase 360 increase 29,289 increase 2,875 increase 3,658 increase 479,688 increase 23,050 increase 84,500 increase 57,375 increase 67,915 increase 54,228 increase 25,455 increase 31 ,125 increase 2 ,500 increase 1 ,450 increase 16, 1 00 increase 23,707 increase 29,744 increase 37,606 increase 151,605 increase 2,460 increase 5, 71 0 increase 200 increase 40,7 15 increase 1 00 increase 5 ,000 increase 5,000 increase 4. Harnett County General Services requested approval of the FY 2017 Transportation Improvement Plan (TIP) list of potential projects. The projects are prioritized 1 -25 based upon the need of airport, compliance with NCDOT/Division of Aviation's (DOA) General Aviation Airport Development Plan and local requests . Airport Administration and Talbert & Bright, Inc., in collaboration with DOA, developed the FY17 TIP which has also been approved by the Harnett Regional Jetport Aviation Committee. DOA uses the TIP to seek additional federal and state funds. No required funding match at this time. June 20,2016, Regular Meeting Minutes Harnett Co unty Board of Commissioners Page 7 of 14 071816 HC BOC Page 9 5. Harnett County Senior Staff Attorney requested order directing distribution of Third Party Settlement in Timothy Brooks Stewart v. Harnett County, I.C. File No.: Y29934. 6. Resolution to Cancel the July 5, 2016 Regular Meeting of the Harnett County Board of Commissioners (Attachment 2) 7. Harnett County Sheriffs Office requested approval to accept the donation of a female bloodhound; estimated value is $1 ,000, from Tammy Miller of Kannapolis , North Carolina. 8. Harnett County Sheriffs Office requested approval to submit a grant application in the amount of$22,240 to the Office of Justice Program under the FY 2016 Edward Byrne Memorial Justice Assistance Grant Program. The funds will be used to purchase data storage and/or other LT. equipment and/or other investigative equipment to support the Sheriff's Office needs. There is no local match required. 9. Harnett County Public Library requested approval to accept grant funds in the amount of $750 from the N.C. Department of Cultural Resources. This grant will reimburse the County up to $750 for registration fees paid for the Evergreen Conference in April. 10. Resolution Honoring Mark S. Glaser, M.D. (Attachment 3) 1 1. Proclamation Honoring the Life and Service of Private Rae'laurin Gates 12. Harnett County Juvenile Crime Prevention Council requested permission to submit Program Agreements from the N.C. Department of Public Safety JCPC for the followin g programs: 1) Harnett County Restitution Program in the amount of $105,968 with $9,889 local cash match 2) Teen Court and At-Risk Youth Development in the amount of$52,273 3) ReEntry Psychological Service (pass thru) in the amount of$4,000 4) ReEntry Healthy Choices (pass thru) in the amount of$56,756 5) JCPC ADM in the amount of$5 ,040 1 3. Harnett County Public Buildings requested award of contract to perform cleaning services for July 1, 2016-June 30 ,2019 to Omnico in the amount of$657,570.00. The County received seven responses to the Request for Proposal. Based upon reference checks conducted upon the vendors and superior prior service, Public Buildings recommends award of contract to Omnico. (Attachment 4) 14 . Harnett County Public Buildings requested award of contract for elevator maintenance services for July 1, 2016 -June 30, 2019 to Thyssenk:rupp in the amount of $51 ,630.00 . The Co unty received four responses to the Request for Proposal. Based upon the superior prior service experience with Thyssenk:rupp and reference checks conducted upon the vendors, Public Buildings recommends award of contract to Thyssenkrupp. (Attachment 5) June 20,2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 8 of 14 071816 HC BOC Page 10 15. Harnett County Public Buildings requested award of contract for fire extinguisher services for July 1, 2016-June 30,2019 to Allied Fire & Safety in the amount of $12,030. The County received one response to the fire extinguisher maintenance Request for Proposal. Public Buildings recommends award of contract to Allied Fire & Safety. (Attachment 6) 16. Harnett County Public Buildings requested award of contract for generator services for July 1, 2016-June 30,2019 to Ezzell Electrical Components, Inc. in the amount of $21 ,952.44. The County received four responses to the Request for Proposal. Based upon the superior prior service experience with Ezzell Electrical Components, Inc. and the vendor being in Harnett County, Public Buildings recommends Ezzell Electrical Components, Inc. (Attachment 7) 17. Harnett County Public Buildings requested award of contract for HVAC services for July 1, 2016-June 30,2019 to Johnson Controls in the amount of$626,331. The County received one response to the HV AC Request for Proposal. Public Buildings recommends award of contract to Johnson Controls. (Attachment 8) 18. Harnett County Public Buildings requested award of contract for pest and fire ant control services for July 1, 2016-June 30,2019 to Clegg 's Pest Control in the amount of $123,540. The County received one response to the pest and fire ant control Request for Proposal. Public Buildings recommends award of contract to Clegg's Pest Control (Attachment 9) 19. Resolutions awarding Samsung tablets to commissioners (Attachments 10-14) 20. Proclamation of Appreciation for Fred Clarida for his Dedicated Service to Harnett County Chainnan Burgin presented the Proclamation Honoring the Life and Service of Private Rae 'laurin Gates to her family and friends present. Mrs. Marlene J. Strong, mother of Private Gates ', spoke. DAY Commander John Finger also addressed the group . Chairman Burgin recognized Angier Mayor Lewis Weatherspoon and Harnett County NAACP President Carolyn McDougal. Chairman Burgin opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. Cris Nystrom of 391 Center Lane in Bunnlevel spoke of his personal experiences with the Harnett County Sheriffs Office. He said he does believe there is an endemic problem with discipline and training. Mr. Nystrom said he believes hiring an outside law firm to represent Harnett County was absolutely necessary as his fear is ultimately Harnett County government will throw money on settlements from closed session deals. June 20,2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 9 of 14 071816 HC BOC Page 11 Jerry Rivas of 364 Twin Ponds Road in Sanford said the community as a whole has lost respect for the Sheriffs Department but worse they don 't trust and are fearful of the deputies . Mr. Rivas also said the School Board should consider renaming Private Rae'laurin Gates' high school after her. Carolyn McDougal of 809 E. Johnson Street in Dunn said she was here in support of the Livingston, Griggs and Bethea family. She said this is a "sit-in" and they are here to see justice served. Mrs. McDougal said they also support Attorney Jesse Jones. Marie Aries of 192 N . Peggy Street in Spring Lake said the County jail video surveillance system is still a problem that has not been addressed. She asked why the County hired a law firm in the matter of the federal investigation and why can't the truth come o ut. Mrs. Aries said you can't get trust if they can't get the truth and they do not think it's right for taxpayers to have to pay for "you guys' to protect corrupt judicial officials and law enforcement. Joseph Garrett of 34 Bay Leaf Lane, a rising senior at Western Harnett High School, said he will be representing Harnett County at NCACC Youth Voice 2016 in Winston-Salem August 12 -14. Mr. Garrett is also the newly elected South Central District 4-H President. Commissioner Miller moved to approve the appointments listed below. Commissioner Elmore seconded the motion which passed unanimously. HARNETT COUNTY AGRICULTURAL ADVISORY BOARD L.D. Black and C.H. Johnson were reappointed to serve on this board for a term of three years ending July 1, 2019. HARNETT COUNTY BOARD OF ADJUSTMENT Kenneth Shaw was reappointed to serve as an alternate member for District 2 on thi s board for a term of three years ending March 31, 2019. HARNETT COUNTY CEMETERY BOARD OF TRUSTEES Anne Blalock Marsh was reappointed to serve on this board for a term of three years ending Aprill9, 2019. Michele Temple was appointed to serve on this board for a term of three years ending June 30, 2019. HARNETT COUNTY SOCIAL SERVICES BOARD Steve McNeill was reappointed to serve on thi s board for a term of three years ending June 30, 2019. Eric Thornton was reappointed to serve on this board for a term of three years ending June 30,2019. SANDHILLS CENTER BOARD OF DIRECTORS Tonya Gray was appointed to serve on this Board for a term of three years ending June 30,2019 . June 20,2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 10 of 14 071816 HC BOC Page 12 Mark Locklear, Director of Development Services, petitioned the Board for a public hearing regarding the proposed zoning change: Case# RZ-16-116, Landowner/Applicant: Johnny Faircloth; 2 .52 +/-acres (consisting 5 parcels) Pin 's # 9575-24-1972, 9575-24-4817, 9575-24- 4764, 9575-25-2300; 9575-25-1192; From RA-20R to Commercial Zoning District; OffNC Hwy 24 (on Red Bird Drive & Chipmunk Court); Johnsonville Township. Mr. Locklear noted after discussion about traffic, road maintenance, as well as potential improvements if commercial development does occur, on June 6, 2016 the Harnett County Planning Board voted unanimously (5-0) to recommend approval of this rezoning application based on the compatibility to the surrounding uses. Staff reported all five sites are currently vacant undeveloped land. Surrounding land uses consist of manufactured homes, stick built homes, several churches, a landscaping commercial business, a beauty salon, and a dilapidated commercial building. There are also two convenience stores located within one mile from this site. Services available include public water (Harnett County) and private sewer (septic tank). Mr. Locklear provided additional information regarding the rezoning request: • As required for all zoning changes within a five-mile radius of Fort Bragg, Regional Land Use Advisory Commission (RLUAC) was contacted and had no issues or concerns with the proposal. • January 23 , 2012 the County Commissioners approved the rezoning of the 2 existing (3 lots in original applicant's request) properties to Commercial. • May 18 , 2015 County Commissioner's tabled the request to rezone lots 29,30,32. • None of Nature's Crossroads streets, including Red Bird Lane, are currently maintained by NCDOT. Acceptance into the NCDOT system will be required in order to obtain a building permit. • May 2, 2016, application was tabled at the Planning Board due to the applicant wishing to amend his request on parcels to be rezoned. Mr. Locklear stated staffs evaluation as: The IMP ACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The requested rezoning would not have a negative effect on the residents who live within the interior of subdivision due to the proposed configuration of lots 29 & 30, which would create a residential buffer for the interior lots. Also lots 34,33 ,32 and portions of30 & 29 would be combined into one lot for development purposes. Lots 1 & 35 are determined to be reasonable per the precedence set by the rezoning in 2012 , as well as the existing Commercial across Hwy 24. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The Land Use map represents this area as a mix of Agriculture & Rural Residential and Low Density Residential classifications. June 20, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 11 of14 071816 HC BOC Page 13 Although these areas are typically suburban in character, they can consist of secondary commercial uses, which would be compatible with the Land Use Plan. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: As requested, the zoning to Commercial could enhance the general welfare of the community due to their location to the existing thoroughfare & commercial zoning. This request is NOT for a SMALL SCALE REZONING and should not be evaluated for reasonableness . REASONING: This request does not need to be evaluated for a small scale rezoning because, excluding the right-of-ways for Red Bird Land and Hwy 24, the parcels are contiguous to commercial zoning. Suggested Statement-of-Consistency: Staff concludes that the requested rezoning would be reasonable due to the proposed reconfiguration of lots 29 & 30, which would create a buffer for the remaining residential interior lots. Also, lots 34, 33 , 32 and portions of 30 & 39 are proposed to be combined into one large commercial lot for development purposes, thus by the previous rezoning to commercial in 2012, as well as the existing Commercial across Hwy 24. Therefore, staff recommends this application be approved. Mr. Locklear responded to questions from the Board. Chairman Burgin called to order a public hearing on the matter and opened the meeting for comments from the public. Jason Bethune of 187 Barnes A venue in Lillington, who said he previously tried to sell these properties for Mr. Faircloth, spoke in favor of the proposed rezoning. Mickey Bennett with Bennett Surveys, who said he has been working with Mr. Faircloth on this project for a long time, spoke in favor of the proposed rezoning. Johnny Faircloth of 5272 Cool Springs Road in Broadway, the applicant, spoke in favor of the rezoning request. Mr. Faircloth also said he is in the process of repairing the road. Juan Lopez of 11 Sweetbay Place in Cameron spoke in opposition of the proposed rezoning. Kenneth McLean of 34 Chipmunk Court in Cameron spoke in opposition of the proposed rezoning. Luther Tannehill of 36 Sweetbay Place in Cameron spoke in opposition of the proposed rezoning. Niihau K. Ramsey of39 Sweetbay Place in Cameron spoke in opposition of the proposed rezoning. James Cameron of90 Sweetbay Place in Cameron spoke in opposition ofthe proposed rezoning. Seeing no one else move, Chairman Burgin closed the public hearing. Mr. Faircloth and Mr. Bethune responded to questions from commissioners. Commissioner McKoy moved to table the proposed zoning change until July 18 , 2016 so that commissioners could visit the site. Vice Chairman Springle seconded the motion which passed unanimously. Commissioners will visit the site during their June 28 , 2016 work session. Mr. Locklear petitioned the Board for a public hearing regarding the proposed z oning change: Case # RZ-16-178 , Landowner/Applicant: James & Diane Young I John Bradley Young; 1.76 +/-acres (out of25-acre tract) Pin # 1528-81-5866.000; From Industrial to RA-30 Zoning June 20,2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 12 of 14 071816 HC BOC Page 14 District; SR # 1810 (Stewart Road); A verasboro Township. Mr. Locklear reported that on June 6, 2016 the Harnett County Planning Board voted unanimously (5-0) to recommend approval of this rezoning application based on the compatibility to the surrounding uses. Small Scale Zoning was considered and all four facts were approved as well. Staff noted the subject site is currently vacant but parent parcel currently has a house and other accessory structures. Surrounding land uses include farmland and residential. Services available include public water (Harnett County) is private sewer (septic tank). Mr. Locklear stated staffs evaluation as: The IMP ACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The impact to the community is reasonable, as the requested rezoning district is similar in nature to the surrounding area. The requested zoning district is COMPATIBLE with the existing Land Use Clas sification. REASONING: The requested zoning to RA-30 is compatible with the Land Use Classification of an Employment Mixed Use area . Although EMU areas are typically located along or in close proximity of major thoroughfares and include prime locations for economic development opportunities, residential development is appropriate when not in conflict with existing or future industry or commercial uses. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: This requested zoning to RA-30 would maintain the public health, safety and general welfare due to the existing residential uses within the area. This request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Due to the size of the tract and that the proposed zoning district ofRA-30 is not immediately adjacent, the application does need to be considered for a Small Scale Rezoning. Suggested Statement-of-Consistency: Staff concludes that the requested rezoning ofRA-30 would not have an unreasonable impact on the surrounding community and will maintain the public health , safety and general welfare because of the existing agricultural and residential uses within the area. Therefore, these existing uses lead to compliance with the adopted Land Use Plan. Thus it is recommended that this rezoning request be approved. Chairman Burgin called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman Burgin closed the public hearing. Commissioner Elmore moved to approve the application as presented. Commissioner Miller seconded the motion which passed unanimously. Mr. Jeffries presented the following reports: -Veteran Affairs Activities Report -May 2016 -Department of Public Health Activities Summary-May 2016 -Development Services Report-May 2016 -Interdepartmental Budget Amendments June 20,2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 13 of 14 071816 HC BOC Page 15 Chairman Burgin called for any new business. Chairman Burgin reminded the group of several upcoming meetings and events. There was no need for closed session. Commissioner Elmore moved to adjourn the meeting at 8:23pm. Commissioner McKoy seconded the motion which passed unanimously. Jim Burgin, Chairman Margaret Regina Wheeler, Clerk June 20, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 14 of 14 071816 HC BOC Page 16 ~ • a .M . ' L . I " U YJ . £ . 1 . , 1 J Bo a r d Re p o r t r .. . , - --·~ # ' - -· .,.~T - ~·· ~~ ·- · · · - · . . - - . . ~·· .. . - ; ~ . . . . .. . . ,A . , ,. -u . o w n a. . . . 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' . / > ~ ~ > {j :: ~ z ~ .... 071816 HC BOC Page 17 ATTACHMENT 2 Harnett 'COUNTY N~O~R~T~H ~C~A ~RO~L~IN~A~-------------------------------------------------------- www.harnett.org A RESOLUTION TO CANCEL THE JULY 5, 2016 REGULAR MEETING OF THE HARNETT COUNTY BOARD OF COMMISSIONERS THAT WHEREAS, the Harnett County Board of Commissioners adopted on September 19, 1994 certain Ru1es ofProcedure by which the Board would conduct its meetings; and WHEREAS, Rule 6 of the Rules of Procedure concerning "Regu1ar and Special Meetings" states that the Board may cancel the place or time of a particular regular meeting by resolution: that the Board has determined that it will not meet at its regular scheduled morning meeting ofMonday, July 5, 2016. NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Harnett County that its regular meeting scheduled for Monday, Ju1y 5, 2016 at 9:00a.m. is hereby canceled; that this Resolution shall be filed with the Clerk to the Board, posed at the regular meeting place and forwarded to all parties on the County's Sunshine List. Adopted by the Harnett County Board of Conunissioners in regular session, this 20th day of June, 2016. ~~~ strong roots • new growth 071816 HC BOC Page 18 ATTACHMENT 3 Resolution to Honor MarkS. Glaser, MD THAT WHEREAS, MarkS. Glaser, MD began his service to the Harnett County EMS System on August l, 1982, and was appointed EMS System Medical Director and WHEREAS, Dr. Glaser's tenure as Medical Director has moved Harnett County 's Emergency Medical Response System forward as he has built lasting partnerships with emergency agencies and organizations in si de and outside of the County, creating an emergency medical response system that other agencies seek to em ulate; and WHEREAS, Dr. Glaser has spearheaded the creation of numerous county-wide Emergency Medical Services response plans, committees including the Harnett Cou nty PEER Review Committee, Emergency Medical Re spo nse policies, procedures, and protocols; and WHEREAS, Dr. Glaser has demonstrated a passion for making sure Harnett County Emergency Medical Responders are prepared for any disaster. He has led Harnett County Emergency Medical System through man y changes of the past 34 years; and WHEREAS, Dr. Glaser has built strong relationships with emergency response agencies in other counties, as well as with local , state and federal partners. He has served on numerous boards and advisory committees, and WHEREAS, Dr. Glaser has worked tirelessly to establish Harnett County as a leader in the field of Emergency Medicine and has been recognized with numerous awards for his efforts including the American Heart Association Mission Lifeline Silver Award ; and NOW THEREFORE, BE IT RESOLVED, by the Harnett County Board of Commissioners that MarkS. Glaser, MD is hereby commended and honored on behalf of all the citizens of Harnett County for his exemplary services and contributions to Harnett County. The Board does hereby express its appreciation o f Dr. Glaser's outstanding leadership, integrity, and dedication given to his services as Medical Director and it further gives its best wishes to Dr . Glaser and hi s family in his retirem ent. Adopted this the 20th day of June, 20 I 6. HARNETT COUNTY BOARD OF COMISSIONERS 071816 HC BOC Page 19 Harnett County Cleaning Bids Wednesday, May 18, 2016 4:00p.m. t, Vendors .. . . ~ '· Facility Service Group, LLC Kids' Services, Inc. Defender Services, Inc. Classic Cleaning A & B Cleaning Service, Inc. Omnico Vanderhorst Enterprises, Inc. ATTACHMENT4 Exhibit 1 Total Bid Prices for all Locations 2016-2017 2017-2018 '2018-2019 ~ Y~ar Tc>tal : $ 199,150.09 $ 199,150.09 $ 199,150.09 $ 597,450.27 $ 195,887.00 $ 205,000.00 $ 216,000.00 $ 616,887.00 $ 206,860.00 $ 206,860.00 $ 206,860.00 $ 620,580.00 $ 210,924.00 $ 210,924.00 $ 210,924.00 $ 632,772.00 $ 213,948 .60 $ 218,839 .92 $ 222,976.32 $ 655,755.84 $ 219,190.00 $ 219,190.00 $ 219,190.00 $ 657,570.00 $ 223,851.80 $ 223,851 .80 $ 223,851.80 $ 671,555.40 071816 HC BOC Page 20 Harnett County Elevator Bids Thursday, May 19, 2016 4:00p.m. .. Vendors ~. • , . Renegade Elevator Company Thyssenkrupp Elevator Specialists of Carolina , Inc. Elevator Controls and Security $ $ $ $ ATTACHMENT 5 Exhibit 1 Total Bid Prices for all Locations 2016-2017 2017-201$ 2018-2019 3 Year Total 16,380.00 $ 16,700.00 $ 17,020.00 $ 50,100.00 16,868.00 $ 17,208.00 $ 17,554.00 $ 51,630.00 22,000.00 $ 22 ,000.00 $ 22,000.00 $ 66,000.00 23,220.00 $ 23,220.00 $ 23,220.00 $ 69,660.00 071816 HC BOC Page 21 ATTACHMENT 6 Exhibit 1 Harnett County Fire Extinguisher Bids Tuesday, May 17, 2016 2:00p.m. <-c , Vendors . 2016-2017 Allied Fire & Safety $ 4,010.00 Total Bid Prices for all locations 2017-2018 2018-2019 . 3 Ye~rTota1 $ 4,010.00 $ 4,010.00 $ 12,030.00 071816 HC BOC Page 22 Harnett County Generator Services Bids Thu r sday, May 19, 2016 3:00p.m. ATTACHMENT 7 Exhibit 1 Total Bid Prices for all Locations .. -. ' .,; 9 ... ' . :. .. . . Vendor ~ . -2016-2017 2017-2018 2018-2019 ' ' .. 3 Year Total Alternative Power $ 5,645 .00 $ 5 ,645.00 $ 5,645.00 $ 16,935.00 KB Power Systems, LLC $ 5,590.00 $ 6,544.00 $ 6,544.00 $ 18,678.00 Power Pro-tech Services, Inc. $ 6,215.00 $ 6 ,215.00 $ 6,389.45 $ 18,819.45 Ezzell Electrical Components, Inc. $ 6,947.77 $ 7,313.41 $ 7,691.26 $ 21,952.44 071816 HC BOC Page 23 Harnett County HVAC Bids Wednesday, May 18, 2016 2:00p.m. ''· \ .• ,-iJ " . vendor.s -. .• ,. ..·_,, Johnson Controls ATTACHMENT 8 Exhibit 1 Total Bid Prices for all Locations . 2-01"6-2017 %017-261$ . !018-W~ -8 Yi!ar T~t~l $ 200,657.00 $ 208,684.00 $ 216,990.00 $ 626,331.00 071816 HC BOC Page 24 Exhibit 1 Harnett County Pest and Fire Ant Control Bids Thursday, May 19, 2016 2:00p.m. ATTACHMENT 9 Total Bid Prices for all Locations • > • Vendors ,-. . 2016-2017 ·, 2017-2018 2018-2019 3 Year Total Clegg's Pest Control $ 41,180.00 $ 41,180.00 $ 41,180.00 $ 123,540.00 071816 HC BOC Page 25 ATTACHMENT 10 r.'~ -Harnett ~~~r.-COUNTY . ~~· 'N ~O~R~T~H~C~A~R~O ~LI7.N7A------------------------------------------------------------- www.harne tt.org Resolution THAT, WHEREAS, Abe Elmore became a Harnett County Commissioner in 20 14; and WHEREAS , North Carolina General Statute 160A-265 allows the governing body, at its discretion, to (i) hold, use, change the use thereof to other uses, or (ii) sell or dispose of real and personal property, without regard to the method or purpose of its acquisition or to its intended or actual governmental or other prior use; and NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that Commissioner Abe Elmore, as requested, be awarded the Samsung tablet given to him during his tenure but deemed no longer useful. Duly adopted this 20th day of June, 2016 . HARNETT COUNTY BOARD OF COMMISSIONERS strong roots • new growth 071816 HC BOC Page 26 ATTACHMENT 11 ~H ar n ett COUNTY N~O~R~T~H~C~A~R70~LI~N~A ------------------------------------------------------------ www.harnen .org Resolution THAT, WHEREAS , Jim Burgin became a Harnett County Commissioner in December of 2008 ;and WHEREAS, North Carolina General Statute 160A-265 allows the governing body, at its discretion, to (i) hold, use, change the use thereof to other uses, or (ii) sell or dispose of real and personal property, without regard to the method or purpose of its acquisition or to its intended or actual governmental or other prior use; and NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that Commissioner Jim Burgin, as requested, be awarded the Samsung tablet given to him during his tenure but deemed no longer useful. Duly adopted this 20th day of June, 2016. Attest: strong roots • ne w gro wth 071816 HC BOC Page 27 ATTACHMENT 12 ··~~Harnett , '.~1 ~C~O~U~N~T~Y~-----------------------------------------. h . :. NORTH CAR OLINA www.harnett .o rg Resolution THAT, WHEREAS, Barbara McKoy became a Harnett County Commissioner in 2014; and WHEREAS, North Carolina General Statute 160A-265 allows the governing body, at its discretion, to (i) hold, use, change the use thereof to other uses, or (ii) sell or dispose of real and personal property, without regard to the method or purpose of its acquisition or to its intended or actual governmental or other prior use; and NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that Commissioner Barbara McKoy, as requested , be awarded the Samsung tablet given to her during her tenure but deemed no longer useful. Duly adopted this 20th day of June, 2016. HARNETT COUNTY BOARD OF COMMISSIONERS strong roots • new gro wth 071816 HC BOC Page 28 ATTACHMENT 13 ~-Harnett .~·.~.i C 0 U N T Y ·.>a~~ ~ N~O~R~T-:-H~C-A,;,_,RO"'"L..;..I_N.;..A _____________________________ _ www.harnett.org Resolution THAT, WHEREAS , Joe Miller became a Harnett County Commissioner in 2012; and WHEREAS , North Carolina General Statute 160A-265 allows the governing body, at its discretion, to (i) hold, use, change the use thereof to other uses, or (ii) sell or dispose of real and personal property, without regard to the method or purpose of its acquisition or to its intended or actual governmental or other prior use; and NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that Commissioner Joe Miller, as requested, be awarded the Samsung tablet given to him during his tenure but deemed no longer useful. Duly adopted this 20th day of June, 2016. HARNETT COUNTY BOARD OF COMMISSIONERS strong roots • new growth 071816 HC BOC Page 29 ATTACHMENT14 r~.~Harnett ~r COUNTY , ~ ~N~O-R~T-H~C-A~RO-L~I -NA~---------------------------------------------------www---.h -arn-ett-.o-rg-- Resolution THAT, WHEREAS , Gordon Springle became a Harnett County Commissioner in 2012; and WHEREAS, North Carolina General Statute 160A-265 allows the governing body, at its discretion, to (i) hold, use, change the use thereof to other uses, or (ii) sell or dispose of real and personal property, without regard to the method or purpose of its acquisition or to its intended or actual governmental or other prior use; and NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that Commissioner Gordon Springle, as requested, be awarded the Samsung tablet given to him during his tenure but deemed no longer useful. Duly adopted this 20th day of June, 2016. HARNETT COUNTY BOARD OF COMMISSIONERS Attest: strong root s • new growth 071816 HC BOC Page 30 HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Work Session June 14, 2016 The Harnett County Board of Commissioners met in work session on Tuesday, June 14, 2016, in the County Manager's Conference Room, County Administration Building, I 02 East Front Street, Lillington, North Carolina. Members present: Staff present: Jim Burgin, Chairman Gordon Springle, Vice Chairman Abe Elmore, Commissioner Barbara McKoy, Commissioner Joe Miller, Commissioner Joseph Jeffries, County Manager Paula Stewart, Deputy County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Allen Coats, Deputy County Manager Margaret Regina Wheeler, Clerk Chairman Burgin called the meeting to order at 9:00 am. Commissioner Miller led the pledge of allegiance and invocation. The following agenda was before commissioners: ~ Proposed Zoning Change: Case# RZ-16-116, Landowner/Applicant: Johnny Faircloth; 2.52 +/-acres (consisting 5 parcels); From RA-20R to Commercial Zoning District; OffNC Hwy 24 (on Red Bird Drive & Chipmunk Court); Johnsonville Township ~ Fair Labor Standards Act (FLSA) law changes ~ Changes to DOA Transportation Improvement Plan (TIP) ~ County Manager's Update: 1) Shawtown update 2) June 20,2016 Regular Meeting agenda review ~ Closed session ~ Recess work session ~ Commissioners and staff will tour NC Hwy 87 with Piedmont Natural Gas representatives Development Services Director Mark Locklear and Planning Services Manager Jay Sikes reviewed the proposed zoning Change: Case # RZ-16-116, Landowner/ Applicant: Johnny Faircloth; 2.52 +/-acres (consisting 5 parcels); From RA-20R to Commercial Zoning District; OffNC Hwy 24 (on Red Bird Drive & Chipmunk Court); Johnsonville Township. A public June 14, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of4 071816 HC BOC Page 31 hearing regarding the proposed rezoning is scheduled for the June 20, 2016 regular meeting of the Harnett County Board of Commissioners. Staff noted the following: • January 23, 2012 the County Commissioners approved the rezoning of the 2 existing (3 lots in original applicant's request) properties to Commercial. • May 18 ,2015 County Commissioner's tabled the request to rezone lots 29,30,32. • None ofNature's Crossroads streets, including Red Bird Lane, are currently maintained by NCDOT. Acceptance into the NCDOT system will be required in order to obtain a building permit. • May 2 , 2016, application was tabled at the Planning Board due to the applicant wishing to amend his request on parcels to be rezoned. • After discussion about traffic , road maintenance, as well as potential improvements if commercial development does occur, the Harnett County Planning Board voted unanimously (5 -0) to recommend approval of this Rezoning application based on the compatibility to the surrounding uses. Mr. Sikes noted staff believes the requested rezoning would be reasonable due to the proposed recon:figuration of lots 29 &30 which would create a buffer for the remaining residential interior lots. Also, lots 34, 33, 32 and portions of 30 & 29 are proposed to be combined into one large commercial lot for development purposes, thus leading to additional buffering opportunities. Mr. Sikes said lots 1 & 35 are determined to be reasonable per the precedence set by the previous rezoning to commercial in 2012, as well as the existing Commercial across Hwy 24 therefore staff recommends approval of this application . Mr. Locklear and Mr. Sikes responded to questions and comments. Human Resources Director John Rankins briefly updated the Board regarding recent changes in the Fair Labor Standards Act (FLSA). He noted it could have a big impact as it relates to who must be compensated for overtime beginning December 1, 2016. Staff is looking in to this and will provide more information as needed. General Services Director Barry Blevins reviewed changes to DOA Transportation Improvement Plan (TIP). He noted the projects are prioritized 1 -25 based upon the need of airport, compliance with NCDOT/Division of Aviation's (DOA) General Aviation Airport Development Plan and local requests. Mr. Blevins noted Airport Administration and Talbert & Bright, Inc., in collaboration with DOA developed the FY17 TIP which the Harnett Regional Jetport Airport Committee approved and recommends for Board consideration. Mr. Blevins said DOA uses the TIP to seek additional federal and state funds. Mr. Blevins also fielded questions from commissioners regarding Animal Services programs. Commissioners requested that staff share information with them regarding Cumberland County's Breeding/advertising/transfer (BAT) permits . June 14, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of4 071816 HC BOC Page 32 Mr. Jeffries reviewed the draft June 20,2016 regular meeting agenda. Commissioners requested the addition of resolutions to award themselves their old Samsung tablets which they recently deemed no longer useful. Commissioners have since been provided new Apple I Pad Air 2 Wi- Fi Tablets to use during their tenures. Mr. Jeffries also mentioned a Solid Waste budget amendment forthcoming in the amount of$60,000 to purchase a quad axle dump truck. Vice Chairman Springle requested the addition of a proclamation thanking Fred Clairda for his years of service on the Social Services Board. Commissioners talked about wanting to put something in place to thank volunteers. Mr. Jeffries provided an update regarding the building leased by Headstart at the old Shawtown School facility. HDR Engineering, Inc. of the Carolinas provided an estimate of $700,000 to remedy the lead and asbestos issues in the building. Staff recently toured the facility with Congresswoman Renee Ellmers. Mr. Jeffries sought direction from the Board as he said Headstart is waiting to hear back from the County before they decide what to do. Mr. Jeffries stressed the building cannot be brought up to code before the kids come back in August. Commissioners talked about applying for grants to fund the renovations. Chairman Burgin asked staff to talk to the School Board about possibly using some of their mobile classrooms on site. Commissioner Miller moved that the Board go into closed session to 1) consult with the County's legal staff in order to preserve the attorney-cl ient privilege concerning the handling of certain claims and litigation including the following case: "Estate of John Livingston vs Stewart and Harnett County" Harnett County File No. 16 CVS 822; and 2) instruct the County staff concerning the position to be taken by the County in negotiating a contract for the acquisition of real property. This motion is made pursuant to N.C. General Statute Section 143- 318.11 (a)(3)&(5). Commissioner Elmore seconded the motion which passed unanimously. Commissioner Miller moved that the Board come out of closed session. Commissioner Elmore seconded the motion which passed unanimously. Commissioners and staff toured NC Hwy 87 with Piedmont Natural Gas representative to discussed the potential for natural gas expansion in the western part of the county. Immediately following the tour Commissioner Elmore had to leave the meeting while the other commissioners gathered in the County Manager's Conference Room . Commissioner McKoy moved that the Board go into closed session to consult with the County's personnel and legal staff in order to preserve the attorney-client privilege concerning the handling of certain claims and litigation including the following case: "The Estate of John Livingston et al vs Harnett County et al " Harnett County File No. 16 CVS 822. This motion is made pursuant to N.C. General Statute Section I 43-318.11 (a)(3). Vice Chairman Springle seconded the motion which passed 4 -0 . June 14,2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of4 071816 HC BOC Page 33 Vice Chairman Springle moved that the Board come out of closed session. Commissioner Miller seconded the motion which passed 4-0. Commissioner McKoy moved to adjourn the meeting at 2:00pm. Vice Chairman Springle seconded the motion which passed 4 -0. Jim Burgin, Chairman Margaret Regina Wheeler, Clerk June 14, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of4 071816 HC BOC Page 34 Agenda Item __ Ll__.__-_.,.BIIE--- 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, 2017; 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 - 11 0-7600-441.54-26 Advertising $ 500.00 110-7600-441 .58-14 Travel $ 100.00 11 0-7600-441.60-33 Materials & Supplies $ 200.00 110-7600-441 .64-25 Books and Publications $ 700.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE NEW Prescription Drug Overdose $ 1,500.00 EXPLANATION: Budget Amendment to Budget a New Agreement Addendum with funds received from the state for Prescription Drug Overdose. APPROVALS: ~~1./ 9 t fhwll"tJ Department Head (date) County Manager (Date) '"" I ,_ 1--1~ Section 2. Copies of this budget amendment sha ll be furn1shed to the Clerk of the Board, and to the Budget Officer and the Finan ce Officer for their direction . Adopted this Margaret Regina Wheeler, Clerk to the Board day of ,2016 Jim Burgin , Chairman Harnett Co unty Board of Commissioners \'o 071816 HC BOC Page 35 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, 2017; 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 110-7 600-441 .32.26 Incentives $ 1,450.00 110-7600-441.33-45 Contracted Services $ 16,021.00 110-7600-441.41-11 Telephone and Postage $ 100.00 110-7600-441.58-14 Travel $ 600.00 110-7600-441.60-33 Materials and Supplies $ 590.00 110-7 600-441. 60-4 7 Food and Provisions $ 1,700.00 110-7600-441.64-25 Books and Publications $ 2,400.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 11 0-0000-353.76-09 Susan G. Komen $ 22,861.00 EXPLANATION: Budget Amendment to budget funds received for the Susan G. Kamen Grant. \~ APPROVALS: '::{::\ 9t~:J Department Head (date) RJ 1 '.J '-<'/; ~ ) fAd::: County Manager (Date) /--I \-I~ Section 2. Copies of this budget amendment shall b e furn is hed 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 th e Bo ard day of ,2016 Ji m Burgin , Chairman Harnett County Board of Commissioners 1b 071816 HC BOC Page 36 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Hornell, North Carolina. that the following amendment be mode to the annual budget ordinance for the fiscal year ending June 30, 2017 Section 1. To amend the IT department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 11 0-4900-41 0-12-03 Salaries wages-Part-time contractual worker $2,500 1 1 0-4 900-41 0-30-04 Professional Services $2,500 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION : Movement of funds for part-time contractual workers; Erin Bautista and Tra'Sean Lewis. Additional man power for large computer rental roll out of new leased computers. APPROVALS : f1:t t.Ato. I'-Sn: .. ,.) (MJ- countv Manager (date) 1-I\ -n ... Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer Adopted __________________________________ __ Margaret Regina Wheeler, Clerk to the Board Jim Burgin, C hairman Harnett County Board of Commissioners 3b 071816 HC BOC Page 37 BUDGE T ORD I NA NCE AMENDMENT BE IT ORDAI NED by the Governing Board of the County of Harnett. North Carolin a. that the following amendment be made to the annual budget ordinance for the fiscal y ear ending June 30. 2017 Section 1. To amend the Public Utilities Debt Service Fund , the appropriatio ns a re to be changed as follows : EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCR IPTION OF CODE INCREASE DECREASE 522-9001-431.86-3 1 Interest -NE Metro 4,823 522-900 1-431 .87-31 Principal-NE Metro 15 0.000 522-9003-431 .86-31 Inte rest -South Central 17.425 522-9003 -4 31 .87-31 Prin c ipa l -South Central 23.480 522-9006-431 .86-3 1 Interest -So uth West 17.539 522 -9006-431 .87-31 Principa l -South West 193,843 522-9007-431.86-31 Interest -Bunnlevel W &S 1,127 522-9007-431.87-31 Princip al -Bunnlevel W &S 1.520 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 522-0000-389.50-00 lnterfund Transfer 409 ,757 EXPLANATION : To decrease budget due to Public Uti li ties Debt payoffs that occurred in June 2016. APPROVALS : Adopted __________________________________ __ Margaret Regina Wheeler. Jim Burgin. Chairman Clerk to the Board Harnett County Board o f Comm issio ners 071816 HC BOC Page 38 BUDGET ORDI NANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Hornell. North Carolina. that the following amendment be made to the annual budget ordinance for the fisca l year ending June 30. 2017 Section 1. To amend the Harnett County General Fund . the appropriations ore to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-8702-470.86-20 COPS 2009 Schools-Interest $1 ,290.350 110-8702-470.87-20 COPS 2009 Schools-Prin ciple $2,160.000 I I 0-8702-470.86 -34 2016 Ref (2009) COPS Schools-In terest $75 9.734 11 0-8702-470.87-34 2016 Ref (2009) COPS Sc h ools-Principle $2.563.000 110-8800-429.32-16 Contingency $127.616 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To remove the existing budget for the 2009 Cops Issue that was re finances on 04/21/2016 in the 2016 IFC Issue. and add budget for the new debt payment. APPROVALS : ~ Dept Head (dale) Section 2. Copies of this budget amendment shall be furn ishe Finance Officer for their direction. f~ Sc t.. &±e~~ County Manager (date) ') ., -l::>-ll; o the Clerk to the Board. and to the Budget Officer and the Adopted ____________________________________ ___ Margaret Regina Wh eeler. Jim Burgin. Chairman Clerk to the Board Harnett County Board of Commissioners 071816 HC BOC Page 39 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, 2017; Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7600-441.60-33 Materials & Supplies s 1,309.00 110-7600-441.60-46 Medical Supplies s 1,310.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 11 0-0000-331.76-11 Immunization Action Plan s 2,619.00 EXPLANATION: To budget additional funds received from the state for the lAP program. APPROVALS: ~\'! 9tiJM1~'tl Department Head (aate) County Manager (Date) '/-L~-I \... 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 ,2016 Jim Burgin, Chairman Harnett County Board of Commissioners 071816 HC BOC Page 40 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, 2017; Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7600-441.33-45 Contracted Services $ 832.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-331 .76-01 WIC Program $ 832 .00 EXPLANATION: Decrease in State funds for the WIC BF Peer program and decrease in NCAPHA contract. APPROVALS : County Manager (Date) n ,-( 3 -, \...p 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 ,2016 Jim Burgin, Chairman Harnett County Board of Commissioners 071816 HC BOC Page 41 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, 2017: 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 10 21-00 Group Insurance Expense 798 23-00 Retirement 100 23-01 Supplemental Retirement 20 25-10 Unemployment Benefits 100 26-08 Worker's Compensation 20 26-09 Worker's Compensation-Participant 379 30-22 Reimbursement (lnd Cost) 815 32-26 lncentives/Participats 500 32-73 Training Vouchers 27,381 33-45 Contracted Services 1,000 35-26 Participant Cost 2,108 35-27 Child Care 500 35-61 Paid Work Experience 5,000 35-83 Training Vouchers-Authorized 9,144 41-11 Telecommunication & Postage 400 58-01 Training & Meetings 600 58-14 Travel 2,000 60-33 Materials & Supplies 800 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 234-0000-331.74-11 Harnett-Dislocated Worker 39,320 EXPLANATION : To adjust FY 2017 budget to reflect grant award. APPROVALS: ~~~:J_t·~l·b ficer (date) ~ c..-(l . ,)-}e.._ )(LJ:-- County Manager (date) '1-1 ~I\,. ~hMh '1/JJ(/p Department Head (date) Section 2. Copies of this budget amendment shall be furnished to the Cl erk to the Board, and to th e 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 I I b 071816 HC BOC Page 42 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, 2017: 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 144 11-14 longevi ty 4 12-02 Salaries & Wages Participant 18,000 21-00 Group Insurance Expense 761 22 -00 FICA Tax Expense 2,936 22-01 FICA Tax Expense -Partic ipant 393 23 -00 Retirement 617 23-01 Supplement retirement 293 25-10 Unemployment Insurance 1,024 26-08 Worker's Compensation 330 30-22 Reimbursement (lnd Cost) 654 32-26 Incentives 1,500 32-72 Support Services 550 32-73 Training Vouchers 9,916 33-45 Contracted Services 375 35-01 Stipends I Bonuses 1,913 3S"-26 Participant Cost 13 35-27 Child Care 5,625 41-11 Telecommunication & Postage 1,081 41-13 Utilities 300 54-26 Advertising 300 58-02 Training OJT (On the Job Training) 2,030 58-14 Travel Admin 1,125 58-19 Travel -Participant 3,472 58-22 Training(Academic/Occupational Edu cation) 5,558 58-23 Transportation {Work Base) 3,525 60-3 1 Gas, Oil & Auto Supplies 400 GD-33 Materials & Supplies 1,875 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 234-000D-3 31.74-07 Harnett Youth -Out of School 38,297 EXPlANATION: To adjust FY 2017 budget to reflect grant award. APPROVALS: Pu. ..__\ '--\C ~l ~~ 7 I~ lb ,-J I lo Section 2. Copies of this budget amen and the Finance Officer for their direction . te)l ' County Manag~{date) ,.. I .,__ e sh II be furnished to the Clerk to the Boa rd, and t o the Budget Officer Adopted this Margaret Regina Wheeler Cle rk to the Board day of Jim Burgin, Chairman Harnett County Board of Commissioners l~b 071816 HC BOC Page 43 BUDG ET ORDINANCE AMENDME NT BE IT ORDAI NED by the Govern i ng 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, 2017: Sect ion 1. To amend the W IA Youth In-School Program Fund, the appropriations are to be changed as follows: EXPEND ITURE COD E NUMBER DESCRIPTION OF CODE 234-7405-465.11-00 Salaries & Wages 11-14 Longevity 12-02 Salaries & Wages Participant 21-00 Group In surance Expense 22-00 FICA Tax Expen se 22-01 FICA Tax Expense-Partici pant 23-00 Retire me nt 23-01 Supp leme ntal Retirement 25-10 Unemployment Benefits 26-08 Worker's Compensation 30-22 Reimburs ement (lnd Cost) 32-26 Incentives 32 -73 Training Vouchers 33-45 Contracted Services 35-01 Stipends I Bonuses 35 -26 Participant Cost 35-27 Chil d Care 41-11 Telecommunication & Postage 41-13 Utilities 58-02 Traini ng OJT(On the Job Training) 58-14 Travel Admin 58-19 Travel -Participant 58-22 Training(Acad/Occ Edu c) 60-31 Gas, Oil & Auto Supplies 60-33 Materials & Supplies 60-53 Dues & Subscript ions REVENUE CODE NUMBER DESCR IPTION OF CODE 234-0000-331.74-05 Harnett Youth -In School EXPLANATION : To adjust FY 2017 budget to reflect grant award. APPROVALS : Adopted t h i s day of AMOU NT INCREASE 146 4 6,000 277 220 102 343 116 219 500 125 637 187 1,875 360 100 676 375 1157 1,853 250 500 175 A M OUNT INCREASE 12,896 Margaret Reg i na Wheeler Clerk to the Board Jim Burgin, Chairman Harnett County Board of Comm issioners AMOUNT DECREASE 963 131 3,305 AMOUNT DECREASE )3b 071816 HC BOC Page 44 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina that the f o ll owing ame nd ment be made to the annual budget ordinance for t he fiscal ye ar ending June 30, 2017: Section 1. To amend the WIOA Adults Program Fund , the appropria tio ns are to be changed as f ol lows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 23 4-7410-465 .11-00 Salaries & Wages 1 21-00 Group Insurance Expense 500 21-05 Group Insurance Expense-Employee Clinic 303 23-00 Retirement 57 23-01 Supplemental Retirement 9 25-10 Unemployment 94 26-08 Worker's Compensation 2 26-09 Worker's Compensation-Participant 379 30-22 Reimbursement (lnd Cost) 374 32-2 6 I ncentives/Partici pants 337 32-72 Supportive Services 336 32-73 Training Vouchers 6562 35-27 Child Care 2000 35-61 Adult Pa id Work Experience 8,000 35-83 Training Vouchers-Authorized 28,000 41-11 Telecommun ic atio n & Pos t age 200 58 -01 Training & Meetings 1000 58-14 Travel 212 58-19 Travel-Participant 4917 60-33 Materials & Supplies 200 REVENUE AMOUNT AMOUNT CODE NUMBER DES CRIPTION OF CO DE INC REASE DECREASE 234-0000-331.74-10 Harnett-Adult 17,213 EXPLANATION : To adjust FY 2017 budget to reflect grant awa rd . APPROVALS : t l VtVI rtUe\.H ch nl10\ \~ Adopted this Margaret Regina Wheeler Clerk to the Board day of f.b Co u nty Manager (date) 'l ~ 1 3 .-J L lie Clerk to the Board, and to the Budget Officer and tfle Ji m Bu rgin, Chairman Harnett County Board of Commissioners IYb 071816 HC BOC Page 45 Da t e ru n : 7/ 1 1 / 2 0 1 6 2 :28 :44 PM Da t a as of : 7/ 1 0 / 2 0 1 6 7 :22 :18 PM TR - 3 0 4 Bi l l Re l e a s e Re p o r t Re p o r t Pa r a m e t e r s : Re l e a s e Da t e St a r t : 6/ 1 / 2 0 1 6 Re l e a s e Da t e En d : 6/ 3 0 / 2 0 1 6 Ta x Di s t r i c t : AL L De f a u l t So r t - B y : Gr o u p i n g : Bi l l #, T a x p a y e r Na m e , R e l e a s e Da t e , B i l l i n g Da t e , O p e r a t o r ID , Re l e a s e Am o u n t Ta x Di s t r i c t , R e l e a s e Re a s o n B i l l # Ta x p a y e r Na m e Op e r a t o r I D (N a m e ) TA X DI S T R I C T : AN D E R S O N CR E E K FI R E RE L E A S E RE A S O N : Bl d g co r r e c t i o n 00 0 1 2 6 1 8 2 9 - 2 0 1 1 - 2 0 1 1 - 0 0 0 0 - 0 0 - R E G FR E L U N D , AR T H U R 8/ 5 / 2 0 1 1 AM Y BA I N 00 0 1 2 6 1 8 2 9 - 2 0 1 2 - 2 0 1 2 - 0 0 0 0 - 0 0 - R E G FR E L U N D , AR T H U R 7/ 2 6 / 2 0 1 2 AM Y BA I N 00 0 1 2 6 1 8 2 9 - 2 0 1 3 - 2 0 1 3 - 0 0 0 0 - 0 0 - R E G FR E L U N D , AR T H U R 8/ 7 / 2 0 1 3 AM Y BA I N 00 0 1 2 6 1 8 2 9 - 2 0 1 4 - 2 0 1 4 - 0 0 0 0 - 0 0 - R E G FR E L U N D , AR T H U R 8/ 9 / 2 0 1 4 AM Y BA I N 00 0 1 2 6 1 8 2 9 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G FR E L U N D , AR T H U R 8/ 8 / 2 0 1 5 AM Y BA I N Su b t o t a l TA X DI S T R I C T : AN D E R S O N CR E E K FI R E RE L E A S E RE A S O N : Li s t e d In Er r o r 00 0 1 3 9 9 4 4 3 - 2 0 1 3 - 2 0 1 3 - 0 0 0 0 - 0 0 - R E G JO H N S O N , BE T T Y JE A N 8/ 7 / 2 0 1 3 AM Y BA I N 00 0 1 3 9 9 4 4 3 - 2 0 1 5 - 2 0 1 4 - 0 0 1 1 - 0 0 - R E G JO H N S O N , BE T T Y JE A N 4/ 2 8 / 2 0 1 5 AM Y BA I N 00 0 1 3 9 9 4 4 3 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G JO H N S O N , BE T T Y JE A N 8/ 8 / 2 0 1 5 AM Y BA I N Su b t o t a l TA X DI S T R I C T : AN D E R S O N CR E E K FI R E RE L E A S E RE A S O N : SM A L L UN D E R P A Y M E N T 00 0 1 6 5 9 2 2 8 - 2 0 0 9 - 2 0 0 9 - 0 0 0 0 - 0 0 - R E G HO W A R D , AN G E L A CE C I L E 8/ 2 / 2 0 0 9 YV O N N E MC A R T H U R Su b t o t a l PA G E 1 of 8 NC P T S V 4 6/ 2 3 / 2 0 1 6 30 2 . 8 5 6/ 2 3 /20 1 6 30 2 .85 6 /23 /20 1 6 30 2 . 8 5 6 /23 /20 1 6 30 2 .85 6 /2 3 / 20 1 6 30 2 . 8 5 6 /23 /20 1 6 17 . 4 2 6 / 23 /2 01 6 18 .06 6 / 23 /20 1 6 15 .69 6 /21 /20 1 6 9. 9 3 Ag e n d a Item 4-£: Re l e a s e Am o u n t ( $ ) 49 . 4 2 49 . 4 2 49 . 4 2 49 . 4 2 49 . 4 2 24 7 . 1 0 1 7.42 18 .06 15 .69 51 . 1 7 0.02 0 .02 -. 253.43 253.43 253.43 253.43 253.43 0 .00 0 .00 0.00 9 .91 071816 HC BOC Page 46 B i l l # T a x p a y e r N a m e TA X D I ST R I C T : AN G I E R RE L E A S E RE A S O N : SM A L L UN D E R P A Y M E N T 00 0 2 2 4 5 5 7 4 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G SY PH R IT , JA S O N DA I L Su b t ot a l O p e r a t o r I D (N a m e ) 8 / 8 / 20 1 5 YV O NN E MC A R T H U R TA X DI S T R I C T : AN G I E R / B L A C K RI V E R RE L E A S E RE A S O N : SM A L L UN D E R P A Y M E N T 00 0 2 2 4 5 5 7 4 -2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R EG SY PH R I T , JA S ON D A IL 8 / 8 /20 1 5 YV O NN E MC AR T H UR Su b t o t al TA X DI S T R I C T : AV E S SC H RE L E A S E RE A S O N : Co r r e c t i o n fo r MH 00 0 2 1 7 9 37 9 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - RE G BU R NE T I E , LI S A JO NE S 8/ 8 /20 1 5 A M Y B A I N Su b t o t a l TA X DI S T R I CT : BO O N E TR A I L EM E R RE L E A S E RE A S O N : Bl d g co r r e c t i o n 00 0 0 0 4 9 1 3 7 - 2 0 1 5 -20 1 5 - 0 0 0 0 - 0 0 - R E G H UB B AR D , D AV I D E SR 8/ 8 /20 1 5 AM Y B AI N Su b t o t a l TA X DI S T R I C T : BO O N E TR A I L EM E R RE L E A S E RE A S O N : Fu l l re b a t e 00 0 0 0 3 7 7 9 7 - 2 0 1 1 - 2 0 1 1 - 0 0 0 0 - 0 0 - R E G M JG CO N ST R U C TI O N 1 1 / 18 /20 1 1 S H ER R Y LO C K A M Y 00 0 0 0 3 7 7 9 7 - 2 0 1 2 - 2 0 1 2 - 0 0 1 1 - 0 0 - R E G MJ G CO N S TR U C T I O N 11 /28 / 20 1 2 S HE R R Y LO C K A M Y Su b t o t a l TA X DI S T R I C T : BO O N E TR A I L EM E R RE L E A S E RE A S O N : Va l u e In c r e a s e 00 0 0 0 2 2 7 23 - 2 0 1 6 - 2 0 1 4 -00 0 0 -00 -RE G H AR R IN GT O N , DO N AL D W 1/ 2 8 / 2 0 1 6 S HE R RY LO C K A M Y Su b t o t a l TA X DI S T R I C T : BU I E S CR E E K FI R E RE L E A S E RE A S O N : As s e s s e d In Er r 00 0 2 2 4 5 3 3 6 - 2 0 1 5 -20 1 5 - 0 0 0 0 - 0 0 -RE G LI N G , LL C 8 /8 /20 1 5 AM Y BA I N Su b t o t a l PA G E 2 o f 8 6 / 6 / 20 1 6 25 .55 6 /6 /20 1 6 3 .37 6 / 23 /20 1 6 0 .65 6 / 3 /20 1 6 7 1 .5 7 6 /23 / 20 1 6 2 .68 6 /23 / 20 1 6 2 .4 2 6 /22 /20 1 6 2 .31 6 /2 3 /20 1 6 34 . 4 4 Re l e a s e A m o u n t ( $ ) 0 .19 0 .19 0 .02 0 .02 0 .65 0 .65 53 . 2 6 53 .26 2 .68 2 .4 2 5 .1 0 2 .31 2 .31 34 .44 34 . 4 4 -. 25 .36 3 .35 0 .00 18 .31 0 .00 0 .00 0 .00 0 .0 0 071816 HC BOC Page 47 B i l l # Ta x p a y e r N a m e Op e r a t o r I D (N a m e ) TA X DI S T R I C T : BU I E S CR E E K FI R E RE L E A S E RE A S O N : SM A L L UN D E R P A Y M E N T 00 0 1 0 0 0 0 6 3 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G SM I T H , TI M O T H Y S 8/ 8 / 2 0 1 5 PE G G Y BA R E F O O T Su b t o t a l TA X DI S T R I C T : CO A T S / G R O V E FI R E RE L E A S E RE A S O N : Ad j u s t m e n t 00 0 0 0 3 3 5 5 0 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G MA T T H E W S , DE N I S E C 8/ 8 / 2 0 1 5 MA R G A R E T W RI G H T Su b t o t a l TA X DI S T R I C T : CO A T S / G R O V E FI R E RE L E A S E RE A S O N : Ov e r As s e s s m e n t 00 0 0 0 1 4 5 7 9 - 2 0 1 4 - 2 0 1 4 - 0 0 0 0 - 0 0 - R E G LE C U Y E R , FR E D AR T H U R 8/ 9 / 2 0 1 4 AM Y BA I N 00 0 0 0 1 4 5 7 9 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G LE C U Y E R , FR E D AR T H U R 8/ 8 /20 1 5 AM Y BA I N Su b t o t a l TA X DI S T R I C T : CO A T S / G R O V E FI R E RE L E A S E RE A S O N : Re m o v a l o f SW Fe e 00 0 0 0 1 3 3 5 9 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G CU R R I N , NE L S O N T 8/ 8 / 2 0 1 5 MA R G A R E T WR I G H T Su b t o t a l TA X DI S T R I C T : CO A T S / G R O V E FI R E RE L E A S E RE A S O N : SM A L L UN D E R P A Y M E N T 00 0 0 0 0 4 8 4 6 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G BI S S E T T E , TE R E S A 8/ 8 / 2 0 1 5 PE G G Y BA R E F O O T 00 0 1 4 2 7 2 0 5 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G SA M U E L S , ED W A R D LE E 8/ 8 / 2 0 1 5 PE G G Y BA R E F O O T 00 0 1 7 8 5 3 5 4 - 2 0 1 0 - 2 0 1 0 - 0 0 0 0 - 0 0 - R E G HA Y E S , AN D R E A JE N N I F E R 11 / 1 /20 1 0 W. TA R T 00 0 2 1 7 6 7 0 2 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G MC M A H O N , JO S H MI C H A E L 8/ 8 / 2 0 1 5 PE G G Y BA R E F O O T Su b t o t a l TA X DI S T R I C T : CY P R E S S PO I N T E FI R E RE L E A S E RE A S O N : SM A L L UN D E R P A Y M E N T 00 0 1 0 1 2 7 7 1 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G CA M E R O N . IA N MI L E S 8/ 8 / 2 0 1 5 Y V ON N E MC A R T H U R Su b t o t a l PA G E 3 of 8 6 /24 /20 1 6 2 .25 5 /31 /20 1 6 53 .69 6 /21 / 2 0 1 6 13 4 .60 6 /21 /20 1 6 1 34 . 6 0 6 / 14 /20 1 6 1 25 .87 6 / 10 /20 1 6 7 0. 0 8 6 /13 /20 1 6 1. 1 0 6 /15 /20 1 6 2. 3 6 6 /24 /20 1 6 3 . 16 6 / 15 /20 1 6 10 7 .58 Re l e a s e A m o u n t ( $ ) -. 0. 03 2 .22 0. 0 3 1 9 .39 34 .30 19 .39 4 1.96 92 .64 41 . 9 6 92 .64 83 . 9 2 0.00 125.8 7 0.00 0.0 7 7 0 .0 1 0 .02 1 .08 0 .09 2 .2 7 0 .05 3 .11 0.23 0 .05 107 .53 0.05 071816 HC BOC Page 48 B i l l # Ta x p a y e r Na m e TA X DI S T R I C T : DU K E FI R E RE L E A S E RE A S O N : SM A L L UN D E R P A Y M E N T 00 0 0 0 6 2 9 9 6 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G GR E G O R Y , JA M E S TR A V I S Su b t o t a l TA X DI S T R I C T : DU N N / A V E S FI R E RE L E A S E RE A S O N : Co r r e c t i o n fo r MH 00 0 2 1 7 9 3 7 9 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G BU R N E T T E , LI S A JO N E S Su b t o t a l TA X DI S T R I CT : ER W I N RE L E A S E RE A S O N : SM A L L UN D E R P A Y M E N T 00 0 0 0 1 6 0 3 2 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G HA S K I N S , AL T O N W 00 0 2 0 8 8 2 3 0 - 2 0 1 3 - 2 0 1 3 - 0 0 0 0 - 0 0 -R E G GR E G O R Y , DA V I D OD E L L Su b t o t a l O p e r a t o r ID (N a m e ) 8/ 8 / 2 0 1 5 PE G G Y BA R E F O O T 8/ 8 / 2 0 1 5 AM Y BA I N 8/ 8 / 2 0 1 5 YV O N N E MC A R T H U R 6/ 3 / 2 0 1 3 YV O N N E MC A R T H U R TA X DI S T R I C T : ER W I N FI R E ( T O W N ) RE L E A S E RE A S O N : SM A L L UN D E R P A Y M E N T 00 0 2 0 8 8 2 3 0 - 2 0 1 3 - 2 0 1 3 - 0 0 0 0 - 0 0 - R E G GR E G O R Y , DA V I D OD E L L 6/ 3 / 2 0 1 3 YV O N N E MC A R TH U R Su b t o t a l TA X DI S T R I C T : FL A T B R A N C H FI R E RE L E A S E RE A S O N : SM A L L UN D E R P A Y M E N T 00 0 1 9 9 2 0 6 8 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G DR I G G E R S , ME L A N I E CA R O L 8/ 8 / 2 0 1 5 PE G G Y BA R E F O O T Su b t o t a l TA X DI S T R I C T : FL A T W O O D S FI R E RE L E A S E RE A S O N : SM A L L UN D E R P A Y M E N T 00 0 0 0 4 3 8 4 9 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G AD A M S , ST E V E D 8/ 8 / 2 0 1 5 PE G G Y BA R E F O O T Su b t o t a l TA X DI S T R I C T : HA R N E T T CO U N T Y RE L E A S E RE A S O N : Ad j u s t m e n t 00 0 0 0 3 3 5 5 0 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G MA T T H E W S , DE N I S E C 8/ 8 / 2 0 1 5 MA R G A R E T WR I G H T Su b t o t a l PA G E 4 o f 8 6/ 6 / 2 0 1 6 4. 9 1 6 /23 /20 1 6 2 .91 6 /9 /20 1 6 22 4 .26 6 / 27 / 20 1 6 51 .67 6/ 2 7 /20 1 6 7 . 10 6 /24 /20 16 8. 2 3 6 /3 /20 1 6 5. 9 0 5/ 3 1 /20 1 6 51 7 . 4 5 Re l e a s e A m o u n t ( $ ) 0. 0 7 0. 0 7 2 .91 2. 9 1 0.04 0 .11 0.15 0 .02 0.02 0.12 0 .12 0 .04 0.04 23 1 .62 23 1 . 6 2 -4.84 0 .00 224.22 51.56 7 .08 8 .11 5 .86 285 .83 071816 HC BOC Page 49 B i l l # Ta x p a y e r Na m e TA X DI S T R I C T : HA R N E T T CO U N T Y RE L E A S E RE A S O N : As s e s s e d In Er r 00 0 2 2 4 5 3 3 6 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G LI N C , LL C 00 0 2 2 5 4 5 4 5 - 2 0 1 6 - 2 0 1 3 - 0 0 0 0 - 0 0 - R E G MC L E A N , TH O M A L I C I A YO R A N D A Su b t o t a l TA X DI S T R I C T : HA R N E T T CO U N T Y RE L E A S E RE A S O N : Bl d g co r r e c t i o n 00 0 0 0 4 9 1 3 7 - 2 0 1 5 -20 1 5 - 0 0 0 0 - 0 0 - R E G HU B B A R D , DA V I D E SR 00 0 1 2 6 1 8 2 9 - 2 0 1 1 - 2 0 1 1 - 0 0 0 0 - 0 0 - R E G FR E L U N D , AR T H U R 00 0 1 2 6 1 8 2 9 - 2 0 1 2 - 2 0 1 2 - 0 0 0 0 - 0 0 - R E G FR E L U N D , AR T H U R 00 0 1 2 6 1 8 2 9 - 2 0 1 3 - 2 0 1 3 - 0 0 0 0 - 0 0 - R E G FR E L U N D , AR T H U R 00 0 1 2 6 1 8 2 9 - 2 0 1 4 - 2 0 1 4 - 0 0 0 0 - 0 0 - R E G FR E L U N D , AR T H U R 00 0 1 2 6 1 8 2 9 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G FR E L U N D , AR T H U R Su b t o t a l Op e r a t o r ID (N a m e ) 8/ 8 / 2 0 1 5 AM Y BA I N 6/ 2 7 /20 1 6 AM Y BA I N 8/ 8 / 2 0 1 5 AM Y BA I N 8/ 5 / 2 0 1 1 AM Y BA I N 7/ 2 6 / 2 0 1 2 AM Y BA I N 8/ 7 / 2 0 1 3 AM Y BA I N 8/ 9 / 2 0 1 4 AM Y BA I N 8/ 8 / 2 0 1 5 AM Y BA I N TA X DI S T R I C T : HA R N E T T CO U N T Y RE L E A S E RE A S O N : Co r r e c t i o n fo r MH 00 0 2 1 7 9 3 7 9 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G BU R N E T T E , LI S A JO N E S 8/ 8 / 2 0 1 5 AM Y BA I N Su b t o t a l TA X DI S T R I C T : HA R N E T T CO U N T Y RE L E A S E RE A S O N : El d e r l y Ex c l u s i o n 00 0 0 0 5 9 0 7 9 - 2 0 1 5 - 2 0 15 - 0 0 0 0 - 0 0 - R E G GE N T R Y . JE R E M Y SH A N E 8/ 8 / 2 0 1 5 AM Y BA I N Su b t o t a l TA X DI S T R I C T : HA R N E T T CO U N T Y RE L E A S E RE A S O N : Fu l l re b a t e 00 0 0 0 3 7 7 9 7 -2 0 1 1 - 2 0 1 1 - 0 0 0 0 - 0 0 - R E G MJ G CO N S T R U C T I O N 11 / 1 8 / 2 0 1 1 SH E R R Y LO C K A M Y 00 0 0 0 3 7 7 9 7 -2 0 12 - 2 0 1 2 - 0 0 1 1 - 0 0 - R E G MJ G CO N S T R U C T I O N 11 / 2 8 / 2 0 1 2 SH E R R Y LO C K A M Y 00 0 1 5 5 6 8 1 3 - 2 0 1 5 - 2 0 1 5 - 0 0 1 1 - 0 0 - R E G CE N T R A L CA R O L I N A HO L D I N G S 11 / 1 8 / 2 0 1 5 SH E R R Y LL C LO C K A M Y Su b t o t a l TA X DI S T R I C T : HA R N E T T CO U N T Y RE L E A S E RE A S O N : Li s t e d In Er r o r 00 0 1 3 9 9 4 4 3 - 2 0 1 3 - 2 0 1 3 - 0 0 0 0 - 0 0 - R E G JO H N S O N , BE T T Y JE A N 8/ 7 / 2 0 1 3 AM Y BA I N PA G E 5 of 8 ' 6 /23 / 2 0 1 6 25 8 . 3 2 6 /27 /20 1 6 40 .81 6 /3 /20 1 6 83 6 .80 6 / 23 /20 1 6 2 ,04 6 .07 6 / 23 / 20 1 6 2 ,06 6 . 0 7 6 / 23 / 20 1 6 2 ,06 6 .07 6 / 23 /20 1 6 2 , 13 4 .90 6 / 23 / 20 1 6 2 ,13 4 .9 0 6/ 2 3 / 20 1 6 24 . 2 6 6/ 7 /20 1 6 30 9 .66 6 / 23 /20 1 6 27 .83 6 /23 /20 1 6 25 . 0 4 5 /31 /20 1 6 15 ,02 5 .92 6 /23 /20 1 6 11 4 .84 Re l e a s e A m o u n t ( $) 25 8 . 3 2 40 .81 29 9 . 1 3 57 0 . 6 0 32 5 .74 32 5 . 7 4 32 5 . 7 4 33 6 . 9 7 33 6 . 9 7 2, 2 2 1 .76 24 .26 24 . 2 6 30 9 . 6 6 30 9 . 6 6 27 .83 25 0 4 15 ,02 5 .92 15 , 0 7 8 . 7 9 11 4 .84 -0 .00 0 .00 266.20 1 ,720 .33 1 ,740 .33 1 ,74 0 .33 1 ,797.93 1 ,797.93 0.00 0 .00 0.00 0.00 0.00 0.00 071816 HC BOC Page 50 B i l l # Ta x p a y e r Na m e 00 0 1 3 9 9 4 4 3 - 2 0 1 5 - 2 0 1 4 -0 0 1 1 - 0 0 - RE G JO H N S O N , B E T I Y JE A N 00 0 1 3 9 9 4 4 3 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G JO H N SO N , B E T I Y J E AN Su b t o ta l TA X DI S T R I C T : HA R N E T T CO U N T Y RE L E A S E RE A S O N : Mi l i t a r y 00 0 2 0 9 4 4 1 1 - 2 0 1 3 - 2 0 1 3 - 0 0 0 0 -00 - R EG RE E D , EL I N MI C H EL LE Su b t o t a l O p e r a t o r I D (N a m e ) 4 /28 /20 1 5 AM Y BA I N 8 /8 / 20 1 5 AM Y BA I N 7/ 1 / 2 0 1 3 AM Y BA I N TA X DI S T R I C T : HA R N E T T CO U N T Y RE L E A S E RE A S O N : Ov e r As s e s sm e n t 00 0 0 0 1 4 5 7 9 - 2 0 1 4 - 2 0 1 4 - 0 0 0 0 -00 - R E G L EC U Y E R , F RE D AR TH UR 8/ 9 / 2 0 1 4 AM Y BA I N 00 0 0 0 1 4 5 7 9 - 2 0 1 5 - 2 0 1 5 -00 0 0 - 0 0 - R E G L E CU Y ER , FR ED A RT H UR 8/ 8 / 2 0 1 5 AM Y BA I N 00 0 2 2 5 3 5 7 5 - 2 0 1 6 - 2 0 1 4 - 0 0 0 0 - 0 0 - R E G MC L E A N , T H OM A LI C I A YO R A N D A 2/ 5 /20 1 6 AM Y BA I N 00 0 2 2 5 3 5 7 6 -20 1 6 - 2 0 1 5 - 0 0 0 0 - 0 0 - RE G MC L EA N , T HO M A LI C I A YO R A N D A 2 /5 /20 1 6 AM Y BA I N 00 0 2 2 5 3 5 7 6 - 2 0 1 6 - 2 0 1 5 - 0 0 0 0 - 0 1 - R E G MC L E A N , TH O M A L I C I A YO R A N D A 2 /5 /20 1 6 AM Y BA I N Su b t o ta l TA X DI S T R I CT : HA R N E T T CO U N T Y RE L E A S E RE A S O N : Re m o v a l o f SW Fe e 00 0 0 0 1 3 3 5 9 -20 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G CU R R I N , N E LS O N T 8/ 8 / 2 0 1 5 MA R G A R E T WR I GH T Su b to ta l TA X DI S T R I C T : HA R N E T T CO U N T Y RE L E A S E RE A S O N : SM A L L UN D E R P A Y M E N T 00 0 0 0 0 4 8 4 6- 2 0 1 5- 2 0 1 5 - 0 0 0 0 - 0 0 - R E G BI S S E T T E , TE R E SA 8/ 8 / 2 0 1 5 PE G G Y BA R E F OO T 00 0 0 0 1 6 0 3 2 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G HA S K IN S , AL T O N W 8 /8/ 2 0 1 5 YV O N N E MC A R T H U R 00 0 0 0 4 3 8 4 9 -20 1 5 - 2 0 1 5 - 0 0 0 0 -00 - R E G AD A M S , ST E V E D 8 /8 /20 1 5 PE G G Y BA R E F O O T 00 0 0 0 6 2 9 9 6 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G GR E GO R Y , JA M E S T RA V I S 8 /8 /20 1 5 PE G G Y BA R E F O O T 00 0 1 0 0 0 0 6 3 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G SM IT H , T IM O T HY S 8 /8 /2 0 1 5 PE G G Y BA R E F O O T 00 0 1 0 1 2 7 7 1 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G CA M E R O N , IA N MI L E S 8/ 8 / 20 1 5 YV O N N E MC A R T HU R P AG E 6 of 8 6 / 23 / 20 1 6 12 3 .12 6 /23 / 20 1 6 10 6 .92 6 /9 / 20 1 6 58 .94 6 /21 /20 1 6 1 ,19 1 .63 6 /21 /20 1 6 1 , 19 1 .63 6 /27 /20 1 6 42 .24 6 /27 /20 1 6 37 .03 6 /27 /2 0 16 29 1 .20 6 / 14 /20 1 6 1 ,39 8 . 9 5 6 / 10 / 2 0 1 6 65 4 . 0 3 6 /9 / 20 1 6 42 0 . 4 0 6 /3/ 2 0 1 6 36 .90 6 /6 /20 1 6 52 .56 6 /24 /20 1 6 16 .85 6 / 15 / 2 0 1 6 1 ,01 9 .20 Re l e a s e A m o u n t ( $ ) 12 3 .12 10 6 .92 3 44 .88 58 .94 58 .94 34 9 .65 34 9 .65 6 .96 37 .03 26 1 . 9 0 1, 00 5 .1 9 21 0 .00 21 0 .00 0.58 0 .06 0 .27 0 .80 0 .25 0.45 -. 0 .00 0 .00 0.00 841 .98 841 .98 35 .28 0 .00 29 .30 1 '188.95 653.45 420 .34 36 .63 51 .76 16 .60 1 ,018 .75 071816 HC BOC Page 51 ·s m # Ta x p a y e r Na m e 00 0 1 4 1 1 1 5 0 -20 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G LO P E Z , AN DR E S J R 00 0 1 4 2 7 2 0 5 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G SA M U EL S , E DW A RD L EE 00 0 1 6 5 9 2 2 8 - 2 0 0 9 - 2 0 0 9 - 0 0 0 0 - 0 0 - R E G HO W A R D , AN G E LA CE C I L E 00 0 1 7 8 5 3 5 4 - 2 0 1 0 - 2 0 1 0 - 0 0 0 0 -00 - R EG HA Y E S , A N DR E A J EN N I FE R 00 0 1 99 2 0 6 8- 20 1 5 -20 1 5 - 0 0 0 0 - 0 0 - R EG DR I G GE R S , M EL A N I E CA R OL 00 0 2 0 8 8 2 3 0 - 2 0 1 3 - 2 0 1 3 - 0 0 0 0 - 0 0 - R EG GR E GO R Y , D AV I D O D EL L 00 0 2 1 7 6 7 0 2 - 20 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R EG MC M A H ON , JO SH M I C H A EL 00 0 2 2 4 5 0 0 0 - 2 0 1 5 -20 1 5 - 0 0 0 0 - 0 0 - R E G ME E C E , SC O TT WI L S O N 00 0 2 2 4 5 5 7 4 - 2 0 1 5- 2 0 1 5 - 0 0 0 0 - 0 0 -RE G SY P H R IT , JA S O N D A IL 00 0 2 2 4 5 6 8 4 -20 1 5 - 2 0 1 5 -00 0 0 -00 -RE G B RA N SO N , DO U G L A S E D WA R D 00 0 2 2 4 5 6 8 7 -20 1 5 -20 1 5 - 0 0 0 0 -00 - R E G BR E T T , CH R I S T O PH ER BR I A N 00 0 2 2 4 6 4 9 9 -20 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G DI A Z , JO S E AV I LA Su b t o t a l TA X DI S T R I C T : HA R N E T T C OU N T Y RE L E A S E RE A S O N : Va l u e In c r e a s e 00 0 0 0 2 2 7 2 3 - 2 0 1 6 - 2 0 1 4 -0 0 0 0 - 0 0 - R E G H AR R IN GT O N , D O N A L D W Su b t o t a l O p e r a t o r ID (N a m e ) 8 /8 /20 1 5 PE G G Y BA R E F O O T 8 /8 /20 1 5 PE GG Y B A R EF O O T 8/ 2 / 2 0 0 9 YV O N N E MC A R T H U R 11 / 1 / 2 0 1 0 W. TA R T 8/ 8 / 2 0 1 5 P EG G Y BA RE F OO T 6/ 3 / 2 0 1 3 YV O N N E MC A R T H U R 8/ 8 / 2 0 1 5 PE G G Y BA R E F O O T 8 /8 /20 1 5 PE G G Y BA R E F O O T 8 /8 /20 1 5 YV O N N E MC A R T H U R 8 /8 /20 1 5 PE G G Y BA R E F O O T 8 /8 /20 1 5 PE G G Y BA R E F O O T 8/ 8 / 2 0 1 5 PE G G Y BA R E FO O T 1/ 2 8 / 2 0 1 6 SH E R R Y LO C K A M Y TA X DI S T R I C T : SP O U T SP R I N G S FI R E RE L E A S E RE A S O N : El d e r l y E x cl u s i on 00 0 0 0 5 9 0 7 9 - 2 0 1 5 -20 1 5 -00 0 0 - 0 0 -RE G GE N T R Y , JE R E M Y S H AN E 8 /8 /20 1 5 AM Y BA I N S u b to ta l TA X D I ST R I C T : SP O U T SP R I N G S FI R E RE L E A S E RE A S O N : Fu l l r e ba t e 00 0 1 5 5 6 8 1 3 - 2 0 1 5 - 2 0 1 5 - 0 0 1 1 - 0 0 - R E G C EN T R AL CA R O LI N A HO L DI N G S 11 / 18 /20 1 5 SH E R R Y LL C LO C K A M Y Su b t ot a l P AG E 7 of 8 6 / 16 /20 1 6 18 7 .50 6 / 13 /20 1 6 9 .13 6 /21 /20 1 6 66 .37 6 / 15 /20 1 6 21 .39 6 /24 /20 1 6 51 . 4 5 6/ 2 7 /20 1 6 73 .52 6 /24 /20 1 6 26 .36 6 /20 /20 1 6 15 . 4 1 6 /6 /20 1 6 36 .15 6 /6 /20 1 6 8. 4 0 6 /2 /20 1 6 3 .75 6 /6 /20 1 6 13 .53 6 /22 /20 1 6 24 . 7 5 6 /7 /20 1 6 31 .96 5 /31 /20 1 6 2 ,00 3 . 4 6 Re l e a s e A m o u n t ( $ ) -' 0 .04 187.46 0. 1 5 8 .98 0 .13 66 .24 0 .80 20 .59 0 .77 50.68 0 .17 73 .35 0. 4 0 25 .96 0 .23 15 .18 0. 2 7 35 .88 0 .11 8 .29 0 .03 3 .72 0.10 13.43 5 .61 24 .75 0 .00 24 .75 31 . 9 6 0 .00 3 1.96 2 ,00 3 . 4 6 0 .00 2 ,00 3 .46 071816 HC BOC Page 52 B i l l # i Ta x p a y e r Na m e TA X DI S T R I C T : SP O U T SP R I N G S FI R E RE L E A S E RE A S O N : Mi l i t a r y 00 0 2 0 9 4 4 1 1 - 2 0 1 3 - 2 0 1 3 - 0 0 0 0 - 0 0 - R E G RE E D , EL I N MI C H E L L E Su b t o t a l Op e r a t o r 1 0 (N a m e ) 7/ 1 / 2 0 1 3 AM Y BA I N TA X DI S T R I C T : SP O U T SP R I N G S FI R E RE L E A S E RE A S O N : SM A L L UN D E R P A Y M E N T 00 0 2 2 4 5 6 8 4 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G BR A N S O N , DO U G L A S ED W A R D 8/ 8 / 2 0 1 5 PE G G Y BA R E F O O T 00 0 2 2 4 6 4 9 9 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G DI A Z , JO S E AV I L A 8/ 8 / 2 0 1 5 PE G G Y BA R E F O O T Su b t o t a l TA X DI S T R I C T : SU M M E R V I L L E BU N N L E V E RE L E A S E RE A S O N : As s e s s e d In Er r 00 0 2 2 5 4 5 4 5 - 2 0 1 6 - 2 0 1 3 - 0 0 0 0 - 0 0 - R E G MC L E A N , TH O M A L I C I A YO R A N D A 6/ 2 7 /2 0 16 AM Y BA I N Su b t o t a l TA X DI S T R I C T : SU M M E R V I L L E BU N N L E V E RE L E A S E RE A S O N : Ov e r As s e s s m e n t 00 0 2 2 5 3 5 7 5 - 2 0 1 6 - 2 0 1 4 - 0 0 0 0 - 0 0 - R E G MC L E A N , TH O M A L I C I A YO R A N D A 2/ 5 / 2 0 1 6 AM Y BA I N 00 0 2 2 5 3 5 7 6 - 2 0 1 6 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G MC L E A N , TH O M A L I C I A YO R A N D A 2/ 5 /20 1 6 AM Y BA I N 00 0 2 2 5 3 5 7 6 - 2 0 1 6 - 2 0 1 5 - 0 0 0 0 - 0 1 - R E G MC L E A N , TH O M A L I C I A YO R A N D A 2 /5 / 2 0 1 6 AM Y BA IN Su b t o t a l TA X DI S T R I C T : SU M M E R V I L L E BU N N L E V E RE L E A S E RE A S O N : SM A L L UN D E R P A Y M E N T 00 0 2 2 4 5 0 0 0 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 - R E G ME E C E , SC O T I WI L S O N 8/ 8 / 2 0 1 5 PE G G Y BA R E F O O T Su b t o t a l To t a l PA G E 8 o f 8 6/ 9 / 2 0 1 6 8. 1 3 6/ 6 /20 1 6 1 . 12 6/ 6 / 2 0 1 6 1. 8 0 6/ 2 7 /20 1 6 4 .51 6 /27 / 2 0 1 6 4. 5 1 6 /27 /20 1 6 3. 9 5 6 / 27 /20 1 6 31 . 0 6 6/ 2 0 / 2 0 1 6 1 .64 Re l e a s e Am o u n t ( $ ) 8 .13 8.13 0.02 0.01 0.03 4 .51 4.51 0.75 3.95 27 . 9 4 32 .64 0.03 0.03 22 , 3 9 6 .54 -. 0 .00 1.10 1 .79 0 .00 3 .76 0 .00 3 .12 1.61 071816 HC BOC Page 53 Agenda Item __ L/...._---=0=----- RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS IN SUPPORT OF DESIGNATING A PORTION OF N.C. 87 IN HARNETT COUNTY IN HONOR OF NASCAR LEGEND HERB THOMAS THAT WHEREAS, Herb Thomas was born on April 6, 1923 , in western Harnett County and grew up on a family farm ; and WHEREAS, Thomas began racing cars after seeing modified car rac es in Greensboro in 1947; and WHEREAS, Thomas won his first race in Martinsvill e , VA , in 1950 and his career quickly took off; and WHEREAS, Th oma s started in 230 NAS CAR r aces, winning 48 races and capturing 38 poles; and WHEREAS, Thomas was the first dri ver to win two NASCAR premi e r series c hampionships in I 9 5 I a nd I 953 , and fi nis hed in the top two in th e point standings in all but one season between I 9 5 I a nd I 956; and WHEREAS, Thomas won the first NASCAR C up Series race at Harnett County Spee dway in March 1953, leading all 200 laps; and WHEREAS, Thomas ranks 13th on the NASCAR all-time wins list ; and WHEREAS, in 1998, Thomas wa s named o ne ofNASCAR's 50 Greatest Drivers ; and WHEREAS, Thomas was inducted into the 20 13 C lass ofthe NASCAR Ha ll of Fame in C harlotte, North Caro lina; and WHEREAS, Thomas was al so inducted into the Nati on a l M otorsports Press Association Hall of Fame in I 95 4 and the In ternat ional M otorsp ort s Hall of Fame in I 994 ; a nd NOW THEREFORE BE IT RESOLVED tha t the Harnett County Board of Commissioner s does here by express it s appreciation for the life and career ofNASCAR legend H e rb Thomas and the positi ve publicity he brought to hi s hom e county, and exten ds it s full support t o namin g a portion of N.C. 87 in Ha rn ett County in hi s honor. Ad o pted thi s 18th day of July 20 16. HARNETT COUNTY BOARD OF COMMISSIONERS Jim Burgin, C ha irman C . Gordon Springle, Vice Chairma n Abe Elmore Barbara McKoy Joe Miller 071816 HC BOC Page 54 Board Meeting Agenda Item Agenda Item __ L/_.__-_/E.=---- MEETING DATE: July 18, 2016 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: NCDOT FY17 5311 Community Transportation Grant Agreement I Additional Administrative Position Request for (HARTS) REQUESTED BY : Barry A. Blevins REQUEST: General Services Director, Harnett Area Rural Transit (HARTS) requests the Harnett County Board of Commissioners consider and approve the North Carolina Department of Transportation (NCDOT) FY17 5311 grant agreement in the amount of $285,428; total county match is $4 7, 1 08 . The grant covers both capital and administration costs associated with providing public transportation for the citizens of Harnett County. Additionally, NCDOT approved funding for an additional administration position and is included within total grant funding. General Services Director requests the Board consider and approve the additional grant funded position. FINANCE OFFICER'S RECOMMENDATION : COUNTY MANAGER'S RECOMMENDATION: C:\User s\bblevins\Desktop\My Working Folder\Transportation\agendaform20 16 -Grant Agreement & Position.doc Page I of2 071816 HC BOC Page 55 INSTRUCTIONS FOR EXECUTING GRANT AGREEMENTS PUBLIC BODY GRANTEES Included in this correspondence is an electronic file in a PDF format of the grant agreement(s) to be executed between the local grant recipient and the North Carolina Department of Transportation. 1. Print one copy of each agreement. Print ing front and back will conserve paper and reduce package size . Please be consistent. Do not print one front and back and the other single sided. 2 . The person officially authorized by resolution of the govern ing body to accept the department's offer of financial assistance should sign each agreement where indicated . The signature must be witnessed. Stamped signatures are not acceptable. 3 . If your agency has a seal , affix the seal on the signature page where indicated . 4. Enter your agency 's Federal Tax ID Number and Fiscal Year-End on the signature page. If applicable, complete the section on the table for Contract Administrators: For the Contractor: "If Delivered by US Postal Service" and "If Delivered by Any Other Means". Writing this information by hand is acceptable. 5 . Do not date the agreement. This will be done upon execution by the department. 6 . Sign Certification Regarding Lobbying on last page of Contract 7. Return the copy within thirty (60) days to the following address. Please return the contract and resolution if possible within 60 days . All other information sent via email does not have to be returned with the contract. Do not staple the contracts together. Use either large paper or binder clips. Ms. Myra Freeman Financial Manager NCDOT/PTD 1550 Mail Service Center Raleigh , NC 27699-1550 A fully executed agreement will be returned to you with an executed letter and budget. In the event the agreement cannot be returned within sixty (60) days , please call me immediately at (919) 707-4672. Please note that the department cannot reimburse the grant recipient for any eligible project expenses unt il the agreements are fully executed. 071816 HC BOC Page 56 PAT McCRORY ~ NICHOLAS j. TENNYSON Transportation Mr. Jim Burgin, Chairperson County of Harnett Post Office Box 759 Lillington, North Carolina 27546-0759 June 10 ,20 16 RE: FY 17 Community Transportation Program (Section 5311) Project No. 17-CT-040 WBS Element No(s). 36233.50.19.1 (Admin) I 36233.50.19.3 (Cap) Agreement No.(s) TBD Period of Performance: 7/1/16-6/30/17 Dear Mr. Burgin: S«rtiQI) On March 28, 20 16, the Board of Transportation approved your organization 's request for a FY17 5311 Community Transportation grant in the amount of$285,428. The agreement to be executed between County of Harnett and NCDOT is enclosed. The indi vidual authorized to enter into this agreement for the financial assistance on behalf of your agency will sign the agreement. Please provide a copy of the agreement to all parties that will be involved in the administration of the grant, and request that the agreement be reviewed carefully. Instructions for completion of the grant agreement process are enclosed. Please refer to Section 7 of the grant agreement that requires sub-recipients to submit monthly or quarterly requests for reimbursement. If you have any question related to the grant agreement, please contact Myra Freeman, Financial Manager at 919-707-4672 or your assigned Accounting Specialist. In any correspondence, please reference your assigned project number, WBS element, Agreement number and period of performance referenced on this letter. DC\mf Attachments Sincerely, Debbie Collins Director State ofNorth Carolina I Departmem ofTransportation I Public Transportation Div ision I South Wilmington Street , Room 542 11550 Mail Service Center I Raleigh , NC 27699-1 550 919 707 467 0 T 071816 HC BOC Page 57 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: 17-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 assista nce for public transportation in rural and small urban areas by way of a formula grant program to be admin istered by the State; and WHEREAS, the purpose of 49 U.S .C. 5:" Od s f!f{ff!lc.nce access of people in nonurbanized areas for purposes such as health care , st f)1!f.!lp _ech.lc 1tion , recreation, public services , and employment by encouraging the maintenanct;, cre~opm. nt, 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 /o r 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 serv ices, 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 g rant funds and State funds for the above referenced purposes. NOW, THEREFORE, in consideration of the mutual covenants here in 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: a. Scope of Project. County of Harnett will use the grant funding to provide Administrative support to the public transportation program. These services enhance passengers' accessibility in the rural areas to health care, shopping, education, employment, public services, and recreation. The Capital funds will Updated 05/27/20 15 071816 HC BOC Page 58 be used to purchase vehicles: (1) High-top vehicle wo/l.!ift; and lettering and logos for the vehicle. b. The Contractor shall undertake and complete the nonurbanized area public transportation services in accordance with the procedures and guidelines set forth in the following documents: (1} Federal Transit Administration (hereinafter referred to as "FTA") Circular 9040.1 F, dated April 1, 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 THREE HUNDRED THIRTY-TWO THOUSAND FOUR HUNDRED FORTY-SIX DOLLARS ($332,446) 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%J 36233 .50 .19.1 $275,446 $220,356 $13,772 $41,318 Agreement# Capital Capital Capital Capital Capital WBS Total Federal (80%} State (10%) Local (10%} 36233.50.19 .3 $57,000 $45 ,600 $5,700 $5,700 Agreement# Project Project Project Project Project Total Total Total Federal Total State Total Local $332,446 $265,956 $19,472 $47,018 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 performan ce for all expenditures shall extend from July 1, 2016 to June 30, 2017 , 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. 05/27/2015 Page 2 of35 071816 HC BOC Page 59 Section 5. Contractor's Capacity. a. The Contractor agrees to maintain sufficient legal, f inancial, technical , and manageria l 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 (3) Comply with the terms of this agreement, the Master Agreement between the FT A 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 , regu lations, and directives . b . Administrative Requirements . The Contractor agrees to comply with the follow ing Federal and State administrative requirements: (1) U .S . DOT regulations, "Uniform Administrative Requ irements 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 ass ign 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 approva l 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. A lthough the Contractor may delegate any or almost all Project responsibilities to one or more subcontra ctors, the Contractor agrees that it , rather than the subcontractor, is ultimately responsible for compliance with all applicable 05/27/2015 Page 3 o f 35 071816 HC BOC Page 60 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 . e . Contractor's Responsibility 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 add ition, 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 FTA 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 Subaqreement. 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 . ~ 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 FTA 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 . 05/27/2015 Page 4 of35 071816 HC BOC Page 61 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 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 -reci pient 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 05/27/2015 Page 5 of35 071816 HC BOC Page 62 regulations, "Government-wide Debarment and Suspension (Non-procurement )," 49 C.F.R. Part 29. The Contractor agrees to , and assures that its third party contra ctors , sub-re ci pients, and lessees wil l, review the Excluded Parties Listing System at (http://epls .arnet.gov/) before entering into any contracts. c . Bonus or Commission . The Contractor affirms that it has not paid , and agrees not to pay , any bonus or comm issio n to obtain approval of its Federal/State assistance application for the Project. d . Lobbying Restrictions . The Contractor agrees that: (1 ) In compliance with 3 1 U.S .C . 1352(a), it will not use Federal assistance to pay the costs of influen cing any officer or employee of a Federal agency, Member of Congress, officer of Congress or employee of a member of Congress , in connect ion with making or extend ing 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 f inanced in whole or part with Federal funds including a Federal grant, cooperative agreement, or loan . Nevertheless, i n 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 FTA 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 Remed ies," 49 C .F.R. Part 31 , apply to its activities in connection with the Project. By executing this Agree ment for the Project, the Contractor certifies or affirms the truthfulness and acc uracy of each stat emen t 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 cla im , statement, submission , certification , assurance , or re presentat ion to the Fed eral/State Government concerning the Project, the Federal/State Government reserves th e right to impose on the Contra ctor the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, to the extent the Federal/State Governme nt deems appropriate. (2 ) Criminal Fraud. If the Contractor makes a fals e, fi ctitious, or fraudulent cla im, statement, submission , certification , assurance , or representation to the Federal /State Government or includes a false , fictitio us, or fraudulent statement or representation in any agreement with the Federal/State G overnment in connection with a Project authorized under 49 U .S .C . chapter 53 or an y other Federal law, the Federal /State Government reserves the right to impose on t he Co ntractor the penalties of 49 U .S.C. § 5323(1 ), 18 U.S .C . § 1001 or other applicable Federal/State law to the e xtent the Federal/State Government deems appropriate . Section 7. Project Expenditures/Payment/Reimbursement. a . General. The Department shall reimburse the Contra ctor f or all owab le costs f or work performed under the terms of this Agreement which shall be f inan ced with Fe deral Se ctio n 5311 funds and State matc hing funds . The Contractor sh a ll ex pend funds provided in this Agre ement in accordance with the approved Project Budget(s), in c luded as Atta c hment A to this Agreement. It is understood and a greed th at the work condu cted pursuant to this Agreement shall be done o n an a ctual 0 5/2 7/2015 Page 6 o f 35 071816 HC BOC Page 63 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 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 (100%) 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: 05/27/2015 (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 serv ices received in connection with a third party contract, sub-agreem ent , lease , or other arrangement that is required to be , but has not been , concurred in or approved in writing by FT A ; Page 7 of35 071816 HC BOC Page 64 (d) Any non-project cost consistent with the prohibitions of 49 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 FTA 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 ar:1 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 or program objectives. 3. Dost 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 notificatio n 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 to remit to the Federal Government promptly the amounts owed, incl uding applicable interest, penalties and administrative charges. 05/27/2015 Page 8 of35 071816 HC BOC Page 65 (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 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 05/27/2015 Page 9 of 35 071816 HC BOC Page 66 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/locall). 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 thirty (30) 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 7g 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 agrees that Project closeout by the Department does not invalidate any continuing requ irements imposed by this Agreement. Section 11. Civil Rights . The Contractor agrees to comply with all applicable civil rights laws and implementing regulat ions including, but not limited to, the following : a . Nondiscrimination in Federal Public Transportatio n Programs . The Contractor agrees to comply, and assures the compliance of each third party contractor at any tier and each 05/27/20 15 Page 10 of35 071816 HC BOC Page 67 subrecipient at any tier of the Project, with the prov1s1ons of 49 U.S .C. § 5332, which prohibit discrimination on the basis of race, color, creed , national orig in, 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., and implementing Federal regulations and any subsequent amendments thereto. Except to the extend FTA 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 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 DBE 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 05/2 7/20 15 Pag e 11 of35 071816 HC BOC Page 68 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/guickfind/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/directorv/ 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/guickfind/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: 05/27/2015 (1) U.S. DOT regulations, "Transportation Services for Individuals with Disab ilities (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. Architectura l 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; Page 12 of 35 071816 HC BOC Page 69 (5) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. ~rt~; ~ (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. 05/27/2015 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 FHWAIFTA 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 FTA determines otherwise in writing; (3) Joint FHWA/FTA regulations , "Planning Assistance and Page 13 of35 071816 HC BOC Page 70 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 publ ic 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. § 5323U) 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. 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 05/27/201 5 Page 14 of35 071816 HC BOC Page 71 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 FT A. 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 FT A 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). (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: 05/27/2015 (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. Page 15 of 3 5 071816 HC BOC Page 72 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 Federa l 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 7671q ; 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 Administrat ion, Purchase and Contract Division , awards vehicle contracts for its grant recipients to purchase public transit vehicles. These vehicle contracts comply with FT A 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. (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 (100 % of contract price) and comply with any other construction bonding provisions as the Department may determine. q. Architectural, Engineering, Design, or Related Serv ices. For all architectural , engineering, design , or related services the Contractor shall use qualifications-based competitive proposal [Request for Qualifications (RFQ) in acc ordance with the Brooks Act] procedures . The 05/27/2015 Page 16 of35 071816 HC BOC Page 73 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 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 AlE 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 (IFB) for: (a) Construction/repair work; or 05/27/2 015 Page 17of35 071816 HC BOC Page 74 (b) Purchase of apparatus , supplies, matei'ials 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 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. (f) 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 4220.1F, 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 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 : 05/27/2015 (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 p roposal is Page 18 o f3 5 071816 HC BOC Page 75 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 publ ic 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 .a rnet.gov/. 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 c ertificates 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 05/27/2015 Page 19 of35 071816 HC BOC Page 76 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 provis ions , except to the exten t 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. · 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 appl icable Federal and State regulations and directives. Any exception to the requirements of 49 C .F .R . §§ 18 .3 1 through 18.33 requires the express approval of the Federal Government in writing . The Contrac tor 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. Fac ilities and Other Project Equipment . The Contra ctor 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 fa cility, including any a nd all equipment installed into or added on t o the facility as part of the Project , in good operating order and at a high level of c leanliness, safety and mechanical soundness in accordance with good facility mainte nance 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. Su c h maintenance shall be in compliance with appli cable Federal and state regulations or directives that may be issued, except to the e xtent that the Department determines otherwise in writing . The Department shall conduct inspections as it deems ne cessary to confirm proper maintenance on the part of the Co ntractor pursu a nt 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 su ch that they shall not significa ntly interfere with the ongoing and nece ssary fun ctions for whic h the Projec t wa s designed. Th e Contra cto r shall make every 05/27/2 01 5 Pag e 20 of35 071816 HC BOC Page 77 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 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 con tinuing control of the use of Project property . 05/27/2015 Page21 of35 071816 HC BOC Page 78 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 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 05/27/2015 Page 22 of 35 071816 HC BOC Page 79 appropriate use before its useful life has expired, the Contractor agrees as follows: (a) Notification Requirement. The Contra ctor 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-li ne 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 equipmen t 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 natura l disaster, or the amount of insurance coverage, whichever is greater. ~-Real Property. The Contractor agrees that the fair market value of rea l property financed under the Project shall be determ ined by FT A either on the basis of competent appraisa l 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. ~-Exceptiona l 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 , c omparable sales, or established market values . In determining whether to approve such a request , the Department may consider any action take n, om ission made, or unfortunate occurrence suffered by the Contractor with respect to th e preservatio n of Projec t property withdrawn from appropriate use . (c) Finan cial Obligations to the Federal/State Government. The Co ntra cto r 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 FTA. In the case of fire, c asualty, or natural disaster, the Contractor may fulfill its obligations to rem it 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 e ligible for a ssistance within the scope of the Project that provided Fede ral/State assistance for th e Project property prematurely withdrawn from use ; or ~-Returning to the Department an amount equal to the remain ing Federal and State interest in the withdrawn Project property. j . Insuranc e Proceeds . If the Contra ctor receives insu ran ce proceeds as a result of damage or d e struction to the Project property, the Contractor agree s to: (1) Apply th o se insuran ce proceeds t o the c o st of repla ci ng th e da maged or destroyed Project 05/27/2 015 Page 23 of35 071816 HC BOC Page 80 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 Administrat ion regulations , "Shippers - General Requirements for Shipments and Packaging," 49 C.F.R. Part 173, in connection with the transportation of any hazardous materials. I. 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 , 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 Reguirements. 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 acqu ired 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 Federa l Programs : Affirmatively Furthering Fair Housing ," 42 U.S.C . § 3608 note . 05/27/2015 Page 24 of3 5 071816 HC BOC Page 81 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 Residentia l 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), wh ich requ ires compliance with the Uniform Relocation Assistance and Real Property Acqu i sition Policies Act of 1970, as amended, 42 U.S .C . §§ 4601 et seq .; and with U.S . DOT regulations , "Uniform Relocation Ass istance and Real Property Acquisition for Federal and Federally Assisted Programs," 49 C.F .R. Part 24 . [See , new U.S. DOT final rule , "Uniform Relocat ion 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 regard less 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 connect ion 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 Proj ect, expected to be forty (40) years , following completion of the Project; or the prorated share of the orig inal investment or current fa ir 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 t itle , or other interest in the site and facilit ies used in the Project without prior written permission and instructions from the Department. e . Disposal of Real Property. (1) If usefu l life is not attained , upon the sale or disposition of any Project facility, the Department shall be entitled to a refund of the origina l state and/or federa l investment or the state and/or federal prorated share of the current fa ir market value of the project facility, whichever is greater. (2) For the purpose of this Agreement, the term "any sale or disposition of the Proj ect facility" shall mean any sale or disposition of the facility for a use not consistent with purposes for wh ich 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 obligat ion under this Agreement or the Grant Agreement, so that the transferee becomes obligated as if the t ransferee had been the original party. Section 2 1. Employee Protections . 05/27/20 15 Page 25 of3 5 071816 HC BOC Page 82 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 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. 05/27/2015 Page 26 of35 071816 HC BOC Page 83 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 Qual ity," 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 FHWA/FTA 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 exclusions, in accordance with the provisions of joint FHWA/FTA final guidance, "SAFETA-LU Environmental Review Process (Public Law 109-59)," 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 FTA 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 7671q, 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 Plann ing , 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 nationa l, 05/27/2015 Page 27 of35 071816 HC BOC Page 84 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 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 Counci l 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 Reg ister 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 applicab le 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 requ ired 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 Contra ctor 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 05/27/2015 Page 28 of35 071816 HC BOC Page 85 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 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 Oper ations. 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 FT A 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 . OMS 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): 0 5/2 7/2015 a . Financial Responsibility. The Contractor agrees as follows : (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 re cipients of Page 29 of 35 071816 HC BOC Page 86 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. (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 B, "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 ," April 16, 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. Safetv. 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 - 05/27/2015 Page 30 of35 071816 HC BOC Page 87 (a) Grantee-owned or Grantee-rented vehicles or Government-owned , leased or rented vehicles; (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 FT A. 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. 05/27/2015 Page 3 1 of35 071816 HC BOC Page 88 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 FTA 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 establ ished 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 (Sect ion 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 rece iving the concurrence of the Department sixty (60) days in advance of the termination . 05/27/2015 Page 32 o f35 071816 HC BOC Page 89 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. or e epa men: F th D rt 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 : MSFREEMAN 1 @NCDOT.GOV For the Contractor: IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Name: Ba.t"ri /\. ~\e\J .;i'\S Name: Bo..'<'"<"'\ • e.."_''~~5 t) _ +cr Title: Gene.f'o..\ Senhu~s \)\f'e_s-\-Dr . Title:Gte~,c&.se'"ILt'S ,.ec te"'"' Agency: H-o r ne.t-t r:tr.eu.. Ruro..\ · $"0..(\'::>1'\-Agency :~coet\ ~ .. ,~e.u.f'~\f-o.ns,-+S'\5 Postal 'S'\'Si-~ tJ.... Street ()Db Al-e~a_N:)er"Dr '$e.. Address : ~· 0. Bo~ ~5 Address: . c... . C ity/Zip : L\ \ ""'~)"t6 (\I lJ c., City : L.• 1\ \1\g-tcm N ~~ SL\ le Phone : CtiO·-'b<13-l'5olo Fax : co 0 -~ lLt-1>9-.Lo '3 Email: Section 38. Federal Certification Regarding Lobbying . The Contractor certifies , by signing this Agreement, its compl iance with Subsection 6d of this Agreement. Section 39. Federal Certification Regarding Debarment. The Contractor certifies, by signing this Agreement, its c ompliance 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 alcoh ol 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 exec ution of any response in this procurement, you attest, for your entire organizat ion 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." 05/2 7/2 01 5 Page 33 of35 071816 HC BOC Page 90 IN WITNESS WHEREOF , this Agreement has been executed by the Department, an agency of t he 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: 5lo -La 000 30 (I) CONTRACTOR 'S FISCAL YEAR END: June, 3(), d.D \-=f BY: TITLE : CHAIRPERSON (SEAL) ATTEST : TITLE: DEPARTMENT OF TRANSPORTATION BY : TITLE : DEPUTY SECRETARY FOR TRANSIT ATTEST : TITLE : SECRETARY 05/2 7/2 01 5 Page 34 of35 071816 HC BOC Page 91 Attachment Certification Regarding Lobbying (for bids and/or awards ) The Contractor certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid , by or on behalf of the undersigned , to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress , or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan , the entering into of any cooperative agreement, and the extension, continuation , renewal , amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress , an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan , or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, UDisclosure Form to Report Lobbying, • in accordance with its instructions. (3) The Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants , loans , and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into . Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31 , U.S . Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10 ,000 and not more than $100,000 for each such failure . C ontractor's Au t horized Representative:------------------ -- Title: Chcu r N\CU\) Co uo N o+ Huroc:-t t Boo rd df Com ~t:SSIDOt!$' 05/2 7/201 5 Page 35 of35 071816 HC BOC Page 92 Grant Addendum : Iran Divestment Act STATE OF NORTH CAROLINA COUNY OF WAKE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION and COUNTY OF HARNETT (17-CT -040). May it be known that the undersigned parties, for good consideration , do hereby agree to make the following changes and I or additions that are outlined below; these additions shall be made valid as if they are included in the original stated contract. Pursuant to G .S . 147-86.59 (effective no later than 30 days from October 1, 2015), any person identified as engaging in investment activities in Iran , determined by appearing on the Final Divestment List created by the State Treasurer pursuant to G.S. 147-86.58, is inelig ible to contract with the State of North Carolina or any political subdivision of the State. The Iran Divestment Act of 2015, G .S . 147-55 et seq. requires that each vendor, prior to contracting with the State, certify that the contracting party meets the requirements of the Iran Disinvestment Act. The State Treasurer's Final Divestment List can be found on the State Treasurer's website at the address www.nctreasurer.com/lran and will be updated every 180 days, effective February 26, 2016. 0 By execution of this Agreement each Party certifies that neither it nor its Agents or Contactors/Subcontractors 1) are on the Final Divestment List of entities that the State Treasurer has determined engages in investment activities in Iran; 2) shall not utilize on any contract with the State agency any subcontractor that is identified on the Final Divestment List ; and 3) that the undersigned are authorized by the Parties to make this Certification . 0 During the term of this Agreement, should the Parties receive information that a person is in violation of the Act as stated above, the Department will offer the person an opportunity to respond and the Department will take action as appropriate and provided for by law, rule, or contract. Should this Act be voided by NC General Statute, this Agreement will remain valid; however this certification will no longer be required. No other terms or conditions of the above mentioned contract shall be negated or changed as a result of this here stated addendum. Contractor's Authorized Representative :------------------- Title: C,ho i c M a (\ ,. lo\.L ilhJ 0 -f Date:--------- \-br-f\t' tr 1300 rc\ o.f C.ot.~M.iSSi l)trt'VS A signed copy of this document must be returned to NCDOT. June 2016 071816 HC BOC Page 93 APPENDIX A NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION PROJECT NUMBER: 17-CT-040 APPROVED BUDGET SUMMARY EFFECTIVE DATE 7/1 /2016 PROJECT SPONSOR: COUNTY OF HARNETT PROJECT DESCRIPTION : FY2017 COMMUNITY TRANSPORTATION PROGRAM I. TOTAL PROJECT EXPENDITURES DEPARTMENT-4521 ADMINISTRATION-36233.50.19.1 PERIOD OF PERFORMANCE JULY 01 , 2016 -JUNE 30, 2017 DEPARTMENT-4523 CAPITAL I-36233.50.19.3 PERIOD OF PERFORMANCE JULY 01 , 2016 -JUNE 30, 2017 II. TOTAL PROJECT FUNDING TOTAL FEDERAL ADMINISTRATION-36233.50.19.1 100% 80% AGREEMENT# 0 $275,446 $220,356 TOTAL FEDERAL CAPITAL 1-36233.50.19 .3 100% 80% AGREEMENT# 0 $57,000 $45 ,600 TOTAL $332,446 $265 ,956 STATE 5% $13,772 STATE 10% $5,700 $19,472 $275 ,446 $57 ,000 LOCAL 15% $41 ,318 LOCAL 10% $5 ,700 $47 ,018 071816 HC BOC Page 94 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION APPROVED PROJECT BUDGET PROJECT: 17-CT-040 SPONSOR: COUNTY OF HARNETT WBS : 36233.50 .19.1 ---[)~f5~~iF~~fJiF-Li~~-f-:-)\-[)~i~i~lr~lfj()~------------------------------------------------· ----------------------------------------------------------------------------------------~F'~-F[C5\7E:[)-· TITLE-OBJECT G121 -SALARIES AND WAGES-FULL TIME G127-SALARIES AND WAGES-LONGEVITY G 181 -Social Sec. Contrib . G182-Retirement Contrib. G183-Hosp . Ins. Contrib . G185-Unemp. Comp. Contrib G186-Workers Comp Cont. G 197 -Drug & Alcohol Test 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 G341 -Printing & Reprod G357 -Rep & Maint-Commun . G371 -Mrktng .Paid Adv G372 -Promotional Items G391 -Legal Advertising G395 -Training-Employ Edu . G431 -Lease Reproduct Eq G433 -Lease Communicate Eq G452-Insurance-Vehicles G481 -Central Services G491 -Dues and Subscript TOTAL ADMINISTRATION Approved Adm in Budget BUDGET $ 124,965 $ 499 $ 9,598 $ 11,380 $ 30 ,000 $ 1,255 $ 11,135 $ 2 ,000 $ 6,301 $ 2 ,501 $ 500 $ 2,500 $ 2,000 $ 2,000 $ 300 $ 4,500 $ 2,000 $ 700 $ 600 $ 1,000 $ 5 ,100 $ 5 ,509 $ 1,377 $ 600 $ 3,500 $ 276 $ 8,400 $ 16,303 $ 17,847 $ 800 $ 275,446 Page 1 of 1 071816 HC BOC Page 95 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION APPROVED PROJECT BUDGET SALARY AND WAGE DETAIL PROJECT: 17-CT-040 SPONSOR: COUNTY OF HARNETT FTE BUDGET SQ NO POSITION NO % RATE AMOUNT DEPT. 4521 OBJECT CODE 121 01 TRANSIT SERV. MGR. 01 100% $41 ,820 $ 41 ,820 02 TRANSIT SERV. ASST. 01 100% $26,016 $ 26,016 03 ADMIN SUPP. SPECIALIST 01 100% $33,214 $ 33,214 04 DATA/ADMIN SUPP. SPEC. 01 100% $23,915 $ 23,915 $ TOTAL-OBJECT CODE 121 $ 124,965 DEPT. 4521 OBJECT CODE 125 01 01 100% $ $ $ $ $ $ TOTAL-OBJECT CODE 125 $ DEPT. 4521 OBJECT CODE 126 $ $ $ $ $ TOTAL-OBJECT CODE 126 $ TOTAL DEPT. 4521 SALARIES AND WAGES $ 124,965 Approved Salary and W age Detai l 1 of 1 071816 HC BOC Page 96 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION APPROVED PROJECT BUDGET PROJECT: SPONSOR: WBS : 17-CT-040 COUNTY OF HARNETT 36233.50 .19.3 ·---c;~-F>J\~lf~-~-~lf-Lf5~3-:-(5)\f5fi"jOCC_f _________________________________________ _ ·----------------------------------------------------------------------~f5J5~()\i~15-- 0BJECT -TITLE BUDGET G545 -High-top vehicle(R) $ 52,500 G591 -Veh Lettering/Logos $ 4 ,500 TOTAL CAPITAL $ 57,000 Approved Capita l Budget Page 1 of 1 071816 HC BOC Page 97 State Grant Certification-No Overdue Tax Debts or Conflicts of Interest For Individual Grantees Date: To: [Granting Agency] Certification : We certify that, /1 LDIA 0 i-lf C) f Ha r n -e.t t I does not have any overdue tax debts, as defined by N.C.G.S. 105-243 .1, at the federal , State, or local level. I further certify that I will not use funds awarded by this grant to satisfy any subsequent tax obligations . Additionally, touoh.f o+-Ha..v-n<:±± does not have any conflicts of interest with any employees of [Granting Agency], or any governing Board as defined by North Carolina G.S.143-6-23(b)(c). I further understand that a false statement made is in violation of N.C.G .S. 143-6-23 and such false statement would be a criminal offense punishable as provided by N.C.G .S. 143C-10-1. Sworn Statement: We, ---~C,n~:.wUfl ......... ±i{.!....>IJ'--OI.L--PL-_.J+a~L.!.r.Lnue-...~--ft..,L_ ____ also acknowledge and understand that any misuse of State funds will be reported to the appropriate authorities for further action . Name /Title Sworn to and subscribed before me on the day of the date of said certification . My Commission Expires :-------- (Notary Signature and Seal) --------------------------------------Revised 2/11 071816 HC BOC Page 98 Board Meeting Agenda Item Agenda Item __ 4...__-__._F __ _ MEETfNG DATE: July 18,2016 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Rescind award of contract for fire extinguisher services REQUESTED BY: Joseph Jeffries, County Manager REQUEST: Administration requests that the Board of Commissioners rescind their award of contract (June 20, 2016) to Allied Fire & Safety for fue extinguisher services for July 1, 2016-June 30, 2019 in the amount of $12,030. This is due to the increase in cost and having received only one bid . Staff requests approval to go back out for bid for this service .. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: P :\BOC\agend a fo rm20 16 .doc Page I of I 071816 HC BOC Page 99 Board Meeting Agenda Item Agenda Item lj -G- MEETING DATE: July 18, 2016 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Rescind award of contract for pest and fire ant control services REQUESTED BY: Joseph Jeffries, County Manager REQUEST: Administration requests that the Board of Commissioners rescind their award of contract (June 20, 2016) to Clegg 's Pest Control for pest and fire ant control services for July 1, 2016 -June 30 , 2019 in the amount of $123,540. This is due to the increase in cost and having only received one bid. Staff requests approval to go back out for bid for this service. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: P:\B OC\agend afo rm20 16.do c Page I o f I 071816 HC BOC Page 100 Board Meeting Agenda Item Agenda Item __ 4~--.L.H_.__ __ MEETING DATE: July 18, 2016 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Rescind award of contract to perform HV AC maintenance REQUESTED BY: Joseph Jeffries, County Manager REQUEST: Administration requests that the Board of Commissioners rescind their award of contract (June 20, 2016) to Johnson Controls for HVAC services for July 1, 2016 to June 30, 2019 in the amount of $626,331.00 . This is due to the increase in cost and having received only one bid. Staff requests approval to go back out for bid for this service. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: P :\BOC\agend aform2 0 16 .doc Page I of I 071816 HC BOC Page 101 Agenda Item _lj__L_--=J=::..__ __ _ lliiiiJ!~:--~ Harnett COUNTY NORTH CAROLINA A RESOLUTION TO TERMINATE AN AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY DATED MAY 27, 2016 www.harne tt .org THAT WHEREAS , on May 27, 2016, the Harnett County Board of Commissioners acting on behalf of the County of Harnett as Buyer, entered into an Agreement For Purchase and Sale of Real Property (Purchase Agreement) with Curr-Well Developments, L.L.C. for the purchase of Lots 1, 2, & 3 as shown on Map No. 2008-299, Harnett County Registry. These tracts are located at the addresses of 16 Industrial Drive (Lot 1 ), 50 Industrial Drive (Lot 2) and 35 College Street, Bunnlevel , NC 28323; and WHEREAS, the County intended to examine the property as the possible site of a solid waste disposal convenience center which would be used by Harnett County citizens. The Purchase Agreement established an Examination Period which expires on August 1, 2016, whereby representatives and agents of the County could inspect and research the subject real property site. The Purchase Agreement further provided that if prior to the expiration of the Examination Period, the Buyer should determine that the real property is unsuitable , in Buyer's discretion, that the Buyer can terminate the Purchase Agreement upon written notice to the Seller; and WHEREAS , after careful examination and inspection of the subject real property, and after receiving input from citizens who reside in the vicinity of the subject real property, the Harnett County Board of Commissioners have come to the conclusion that the subject real property is not suitable for the location of a solid waste disposal convenience center and therefore the Board desires to terminate the Purchase Agreement. NOW THEREFORE, BE IT RESOLVED that on the basis of the foregoing recitals that the Harnett County Board of Commissioners does hereby determine that Harnett County 's Agreement For Purchase and Sale of Real Property dated May 27, 2016 with Curr-Well Developments, L.L.C. is hereby terminated ; that the County staff is hereby directed to forward written notice of the termination to Curr-Well Developments , L.L.C. with the Board's gratitude to Curr-Well Developments , L.L.C. for the opportunity to consider this site. Duly adopted this the 18h day of July, 2016 by a vote of ___ ayes and ___ nays. HARNETT COUNTY BOARD OF COMMISSIONERS Jim Burgin, Chairman ATIEST: Margaret Regina Wheeler, Clerk strong root s • new growth 071816 HC BOC Page 102 TELEPHONE 910·!19! KI ')<J FACSI!>IILE 9 IO·HIJ! 5-IH7 via e-mail: jjeffries@harnett.or!! Mr. Joseph Jeffries Harnett County Manager PO Box 759 Lillington, NC 27546 DWIGHT W . SNOW A TIORNEY AT LAW 30 2 W. EDGERTON STR LL1 DUNN . NORTH CAROLINA 2833 4 J u I y I I , 20 16 1\JA ILING ADDKESS P 0 . BOXJ97 DUN N. NC !H335 E m:~d Ov. o;NSrMlwtlnc rr cum Re: Termination o f Agreement for Purchase and Sale of Real Property Proposed Bunnlevel Solid Waste Disposal Convenience Site Dear Joseph: Pursuant to the directive of the Harnett County Board of Commissioners, attached you will find a proposed Resolution to Terminate an Agreement For Purchase and Sale of Real Property dated May 27, 2016. The Resolution would effectively terminate the Agreement by Harnett County to purchase certain real property in the Bunnlevel area from Curr-Well Developments, L.L.C. for the proposed location of a solid waste disposal convenience center. I would advise that the Board needs to consider this Resolution at its July 18,2016 regular meeting in order to allow the County staff sufficient time to send written notice to the SeiJer prior to the expiration of the Agreement's Examination Period which expires on August I, 2016. Please feel free to call me with any questions or comments. DWS:pna en c . cc: Gina Wheeler, County Clerk Amanda Bader, County Engineer Sincerely yours, ~~,.z Dwight W. Snow Harnett County Attorney 071816 HC BOC Page 103 Agenda Item __ 4_.._-----3IIIE---- Board Meeting Agenda Item MEETING DATE: July 18, 2016 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Amend the Personnel Ordinance REQUESTED BY: John Rankins, Director Human Resources REQUEST: Article III Section 9 E In the event a reclassification results in the downgrade of a position, the County Manager has the authority to reclassify that position without Board of Commissioners approval. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: \\hcfile2\Hru sers\jrankin s\My Documents\Agenda Request\A mend Personnel Ordinance.doc I of I Page 071816 HC BOC Page 104 Board Meeting Agenda Item Agenda Item __ J.l--'----..:...1<~--- MEETfNG DATE : July 18, 2016 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Adoption of Spay/Neuter Program -Pre-Release Procedures -Fee Schedule Change REQUESTED BY: Barry A. Blevins REQUEST: General Services Director, Harnett County Animal Services requests the Harnett County Board of Commissioners consider and approve a change to current spay/neuter voucher program to move toward a pre-release spay/neuter program. With this change, Animal Services, partnering with Harnett Animal Welfare Coalition will begin pre-release spay/neuter procedures before adoption of eligible animals . Eligible animals will be determined by the Animal Services manager. Likewise, with approval of pre-release spay/neuter, new fees that reflect costs for size and male/female, dogs/cats be added to the department's fee schedule. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\bblevins\Desktop\My Working Folde r\Anima l Services\agendaform2016-Spay Neuter Fee ch ange Jul y 20 16.doc Page I of2 071816 HC BOC Page 105 Harnett County Animal Services RECOMMENDED CHANGES FOR SHELTER OPERATIONS 12 July 2016 1. Problem Statement: The spay/neuter voucher program adopted in 2015 is not as successful as anticipated. a. For private 'citizen' adopters: 150 vouchers issued. Monies collected $10,500. Fifty- three percent (53%) of these vouchers were not returned. Thus $5,600 was refunded to vets , & forty-seven (47%) complied with spay/neuter efforts. b. For 'rescue ' adopters : 670 vouchers issued . Monies collected $0.00. Forty-two percent (42%) returned for verification of spay/neuter program compliance. Spay/Neuter program adopted in 2015 was successful for only forty-three (43%) of the animals released from Animal Services . Over time, a robust spay/neuter program can reduce the number of 'stray' animals captured and processed at Animal Services. A robust spay/neuter program is a first step in reduction of unwanted animals and additional strain on taxpayer pockets. 2. Proposal: Require pre-release spay/neuter procedure for all adoptable animals before adoption. All spay/neuter fees expended will be recouped at adoption. All adopters will pay spay/neuter fee . Fees are lower because, we propose using Spay/Neuter Veterinary Clinic of the Sandhills (SNVC), a non-profit supported by the Companion Animal Clinic Foundation. a. Additional partnership-Harnett Animal Welfare Coalition (HAWC) will transport shelter animals to and from Vass, NC. Memorandum of Understanding (MOU) between the County of Harnett & HAWC drafts will be available at approval. b. Spay/Neuter fee schedule requires adjustment for different fee types. (see below) c. Staff will ease into transition -starting small until program outcomes are as anticipated, will continue to use voucher program until fully implemented. d. Will require 'rescues' to pay spay/neuter fees at adoption. 3. Problem Statement: Harnett County Animal Services consists of two separate but equal operations. The Animal Control function is to reduce rabies exposure within Harnett County by capturing stray animals, oversee rabies control and quarantine/disposal of bite animals. The Shelter Operations function is to shelter, care and prepare adoptable animals to be released to either the public or rescue organizations. Separating animal adoptions 071816 HC BOC Page 106 from mandatory sheltering operations is key to successful adoption processes and procedures. Animal Adoption operations and Shelter operations requires a firm partnership with rescues and fosters for a successful positive animal outcome. Too many times, conflicts between adoption groups, staff and citizens occurs because there are not enough resources to foster a positive relationship between animal welfare groups, shelter staff and citizens. 4 . Proposal : Recommend a FIRST STEP toward separating shelter operations associated with animal control processes and shelter operations focused upon adoptions. a. Solicit and hire a full time Adoption/Volunteer Coordinator Program Manager-a person in this position concentrates building relationships between the public, rescues and staff for the specific goal of finding permanent homes for animals released by animal control (AC) for adoption. Additionally, coordinates volunteer activities and specifically builds a robust volunteer program that concentrates on animal adoptions. b . This position initial charge is to build consensus and explore the feasibility for an Adoption Center facility physically separate but connected to animals AC releases for adoption . c. Recommeneded salary: $28,867 PROPOSED FEE SCHEDULE CHANGES: Spay/Neuter Fees: DOGS < 75LBS DOGS > 75LBS CATS Male & Female Total Cost for Adoption: DOGS< 75 LBS a. Costs include rabies vaccination & adoption fee ($30) Total Cost for Adoption: DOGS> 75 LBS a. Costs include rabie s vaccination & adoption fee ($30) Total Cost for Adoption: CATS Grade 61 $70.00 $130.00 $50.00 $106.00 $166 .00 $86.00 071816 HC BOC Page 107 " . Agenda Item 4 -L Board Meeting Agenda Item MEETING DATE: July 18,2016 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT : Establish Fee I Increase Fees REQUESTED BY: John Rouse, Jr., Health Director REQUEST: The Board ofHealth at their regualar meeting on May 19,2016 approved to establish and /or increase fees for services. The immunization increase are due to price increase when they were re-ordered. NEW CPT CODE 87651 87502 92550 90621 INCREASE 90670 90632 I 90633 90662 90732 DESCRIPTION RECOMMENDED PRICE Rapid Strep $35.00 LAB TEST (Replacing CPT 87880-Strep Test) Influenza A & B $75 .00 LAB TEST (Replacing CPT 87804-Flu Test) Tympanometry $25.00 HEARING SCREENING TOOL Trumenba (Meningitis B) $150.00 VACCINE PCV13 (Prevnar) recommend $174 Insurance ( $174 Plus Admin Fee 90471) Medicare-(Plus Admin G0009 $24.31 Vaccine $173 .69 = $198) HepA recommend $45 Flu-High Dose recommend $61 Medicare -(Plus Admin G0008 $24.31 Vaccine $36 .69 = $61) Pneumococcal Vaccine recommend $1 07 Medicare -(Plus Admin G0009 $24.31 Vaccine $82.69 = $1 07) U:\my documents\1-Winword\BO C Mtg Requ est\Fee Est or Increase 7-2016.doc I of 2 Page 071816 HC BOC Page 108 AGE NDA ITEM 6 July 18,2016 APPOINTMENTS NEEDED ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE We nee d three additiona l me mb ers a ppoi nte d to serve on thi s committee. Peggy M cD o ugald rece ntly resigned due to illn ess. Me mbers r eceive mileage reim bursement as claimed. DANGEROUS DOG COMMITTEE Dr. Janet Batker has ex ressed interest in being reappointed to serve on this committee. (~lication attached) HARNETT COUNTY BOARD OF ADJUSTMENT We h ave vacancies fo r a lternate me mbers fo r District 1 and Di strict 4 . HARNETT COUNTY CEMETERY BOARD OF TRUSTEES Angela McCauley is interested in being appointed to serve on this Board. Mrs. McCa uley would replace Patrick Fitzgerald. HARNETT COUNTY NONPROFIT FUNDING COMMITTEE We have a vacan cy fo r a Di str ict 3 member o n thi s co mmittee. HOME AND C OMMUNITY CARE BLOC K GRANT COMMITTE E Alan D . Longman has expressed interest in being aQE_ointed to serve on this committee. (ap_plication attached) We h ave three vacanc ies o n thi s co mmi ttee. Page 1 -Appo intments 071816 HC BOC Page 109 APPLICATION TO SERVE ON A BOARD APPOINTED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS RECEIVED JUL 0 8 2016 =&,.i%t~ BOARD: ___ D_A __ ~_G_~_,_o_v __ ~ ___ iD __ o_G ___ Co==-~M~D~~-~-~-~-~------------------- NAME: _ _.::J,__A::._N_n::._--'--_ _:B~t~-'-' _!_K~e-_fL--_____________ -=~.--:::-- /' • .1 .r •\,.., 2. ~2.<.:, ADDRESS:_~_3~~=~-_i_V_0~1~~2~f~b~'~~-----L~{_L_L~IN~G--'-T~D~N,___--'-I,___~~-------- VOTING DISTRICT: (Please check district number in which you live): D District 1, Commissioner McKoy's D District 4, Commissioner Springle's D District 2, Commissioner Elmore's D District 5, Commissioner Miller's D District 3, Commissioner Burgin's TELEPHONE: (HOME) q I 0 _ _. ??1'3-201[ j EMAILADDRESS: L../LLII\Jv70NV{F7@gs@_ P.~\. ,(oW\ PRESENT OCCUPATION: \( t;IClLl N ~'l/ArJ • YEARSOFFORMALEDUCATION: -----~--0 ________________________________ _ CIVIC AND FRATERNAL ORGANIZATIONS IN WHICH YOU HAVE PARTICIPATED: de.; M-A PLEASE TELL WHY YOU WOULD LIKE TO SERVE ON THE ABOVE LISTED BOARD: a v ~~-. P, co To f\·eN c Cifl.--J v t (;; {j/y) (j'/'(7 AS T o AN . M 4 L- DATE: ********************* FOR OFFICE USE ONLY: DATE RECEIVED: ------------------------------ DATE FORWARDED TO COUNTY COMMISSIONERS: --------------------- 071816 HC BOC Page 110 APPLICATION TO SERVE ON A BOARD APPOINTED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS BOARD: Home and Community Care Block Grant Committee NAME: Alan D. Longman ADDRESS: 97 Sandclay Rd, Spring Lake, NC 28390 VOTING DJSlRICf (Please check district nu~ in which you live.) D District I, Commissioner frf<:: koy ~District 2, Commissiooer E I 1M, pre D District 3, Commissioner Burgin's D District 4, Commissioner 6 f r; V\.q I e D District 5, Commissioner nil~ 1.1 TELEPHONE: (HOME) ___ .._(9_1...:0):....5_6_8-_0_44_1 __ _ (WORK), ________ _ PRESENTOCCUPATION:_~PLys~c~h~o~lo~gLy~A~d~v~oca~te~---------------------------------------------------------- YEARSOFFORMALEDUCATION:_~15~-------------------------------------------- CMC AND FRATERNAL ORGANJZA TIONS IN WHICH YOU HAVE PARTICIPATED: P.U.S.H (People United to Stop Heroin), North Carolina Harm Reduction Coalition, NAACP, NADDAC, (National Association for Addiction Professionals, APA (American Psychological Association, LICADD (Long Island Council Alcholism and Drug Dependency, NCSAPPB (North Carolina Substance Abuse Professional Practice Board) PLEASE TELL WHY YOU WOULD LIKE TO SERVE ON THE ABOVE LIST ED BOARD: To help improve the lives and health of the eldery in their homes and the community in wich they live. To solve the concerns of the elderly whether health, family or crime as well as mental healtth. To help them cope with everyday living. DATE: _z.~-~lt.....;;;<::a....q:...Jj:.....;Q;;;:;;,;(ioo:.i}/~6~-.~ I ***************************************** FOR OFFICE USE ONLY: DAlE RECEIVED: __ 7-'----7"---"-/~fe---- DATE FORWARDED TO COUNTY COMMISSIONERS: _____ '7 __ -......:.-f.::.::j:.....-....L.../ fe,t;,.. _____ _ 071816 HC BOC Page 111 Agenda Item ___ 7..._ ___ _ _ . .;~-- -.--:.G(i ,.,·ct -' ·""" 'r\'3''' c\01'" ~ c};b"' ~~\~ f1'.\!'t • -\ 0 'o \e.e~atd f.J' c~~~ Board Meeting ~.~ ~,,,t'j jp_;j91'\:~ , . , 1 . . A~enda Item ,.-:-~ '~0 ~ ~ 0 .... 1~ 11~_ J.olf-:N1~ v C, .. ~~ l a "l A-L'-MEETING DATE: June 4J, 2916 Y'~'c t~~~ 1~ ~, ~ ~ TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Public Hearing-Proposed Zoning Johnny Faircloth REQUESTED BY: Mark Locklear, Director of Development Services REQUEST: Public Hearing: Proposed Zoning Change: Case # RZ-16-116 Landowner/Applicant: Johnny Faircloth; 2.52 +/-acres (consisting 5 parcels) Pin 's # 9575- 24-1972 ,9575-24-4817,9575-24-4764, 9575-25-2300; 9575-25-1192; From RA-20R to Commercial Zoning District; OffNC Hwy 24 (on Red Bird Drive & Chipmunk Court); Johnsonville Township. The Planning Department Staff recommended approval of the request to rezone 2.52 acres from RA-20R to Commercial Zoning District. Staff concluded it would not have an unreasonable impact on the surrounding community due to existing Co mmercial zoning in the area. After discussion about traffic, road maintenance, as well as potential improvements if commercial development does occur, on June 6th the Harnett County Planning Board voted unanimously (5-0) to recommend approval of this Rezoning application based on the compatibility to the surrounding uses. --~--.. --·----~-------.-·-... . ·----·--·---···--...~-~--·--... ~~-~ FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C: \Users\gwhee ler\AppData \Local\M icro soft\ Windows \JNetCache\Content. Outlook\A3 JFHRFY\06CCAgendaF orm I 6 _Fair cloth (0000000 2).doc Page I of I 071816 HC BOC Page 112 Harnett COUNTY N\JI \~( lt.A REZONING STAFF REPORT Case: RZ -16-116 Jay Sikes, Mgr. of Planning Services jsikes@harnett.org Phone : (910) 893-7525 Fax : (910) 814-8278 Planning Board: June 6, 2016 County Commissioners: --=J:....:u:..:.n.:...::e=--2=-0=...,t-=.2-=-0-=-1-=-6 ___ _ Requesting a Rezoning from RA-20R to Commercial Applicant Information Owner of Record: Applicant: Name: Johnny Faircloth Name : -=S~a~m~e~------------------------ Address : 5272 Cool Springs Rd City/State/Zip: Broadway, NC 27505 Address: :-::S:::.:a::..:m..:...:..=..e-=-____________________ _ City/State/Zip : Same Property Description Consists of 5 parcels PIN(s): 9575-25 -2300, 9575-25 -1192, 9575-24-1972, Acreage: 2 .52 total 9575-24-4764 (.37), 9575-24-4817 (.16) Address/SR No.: Chipmunk Ct and Red Bird Dr Cameron, NC 28326 (Hwy 24 vicinity) Township: 0 (01) Anderson Creek 0 (02) Averasboro 0 (03) Barbecue 0 (04) Black River Page 1 of 6 0 (OS) Buckhorn 0 (06) Duke 0 (07) Grove 0 (08) Hectors Creek 12?J (09) Johnsonville 0 {10) Lillington 0 (11) Neill's Creek 0 (12) Stewart's Creek 0 (13) Upper Little River STAFF REPORT 071816 HC BOC Page 113 Services Available Water: ~Public (Harnett County) 0Private (Well) 0 Other: Unverified Zonin Page 2 of 6 Sewer : 0 Public (Harnett County) ~ Private (Septic Tank) 0 Other: unverified 11eS.C.IDtlon: All five sites are currently r;,r·~~" ..,...,"">\/"''OPed Ia nd. Land Uses: Surrounding land uses anufactured homes, stick built I churches, a landscaping beauty salon, and a dilapidated I building . There are also two stores located within one mile from Transportation: Annual Daily Traffic Count: 8,800 on NC 24 Site Distances: Moderate Parks & Rec Retail Wholesale D Industrial Manufacturing CURRENT RA-20R X X X X X REQUESTED Commercial X X X STAFF REPORT 071816 HC BOC Page 114 Land Use Classification Com ZONING LAND USE Commercial A&RR X X X X X X X X X Additional Information: • As required for all zoning changes within a five mile radius of Fort Bragg, RLUAC (Regional Land Use Advisory Commission) was contacted, and had no issues or concerns with the proposal. • January 23, 2012 the County Commissioners approved the re zoning of the 2 existing (3 lots in original applicant's request) properties to Commercial. • May 18, 2015 County Commissioner's tabled the request to rezone lots 29,30,32. • None of Nature's Crossroads streets, including Red Bird Ln, are not currently maintained by NCDOT. Acceptance into the NCDOT system will be required in order to obtain a Bldg permit. • May 2, 2016, application was tabled at the Planning Board due to the applicant wish i ng to amend his request on parcels to be re zoned. • After discussion about traffic, road maintenance, as well as potential improvements if commercial development does occur, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of this Rezoning application based on the compatibility to the surrounding uses. • None of Nature's Crossroads streets, including Red Bird Ln, are not currently maintained by NCDOT. Acceptance into the NCDOT system will be required in order to obtain a Bldg permit. Evaluation [2:1 Yes 0 No The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The requested rezoning would not have a negative effect on the residents who live within the interior of subdivision due to the proposed reconfiguration of lots 29 & 30, which would create a residential buffer for the interior lots. Also lots 34,33 ,32, and portions of 30 & 29 would be combined into one lot for development purposes. Lots 1 & 35 are determined to be reasonable per the precedence set by the rezoing in 2012, as well as the exisiting Commercial across Hwy 24. [2:1 Yes 0 No The requested zoning district is COMPATIBLE with the existing Land Use Classification. Page 3 of 6 REASONING: The Land Use map represents this area as a mix of Agriculture & Rural Residential and Low Density Reside ntial classifications. Although these areas a re typically suburban in character, they can con s ist of secondary commercial uses, which would be compatible with the Land Use Plan . STAFF REPORT 071816 HC BOC Page 115 IZ! Yes 0 No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: As requested, the rezoning to Commercial could enhance the general welfare of the community due to their location to the existing thoroughfare & commercial zoning. 0 Yes IZ! No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness REASONING: This request does not need to be evaluated for a small scale rezoning because, excluding the right-of-ways for Red Bird Ln and Hwy 24, the parcels are contiguous to commercial zoning, Suggested Statement-of-Consistency (Staff concludes that...) As stated within the evaluation , the requested rezoning would be reasonable due to the proposed reconfiguration of lots 29 & 30, which would create a buffer for the remaining residential interior lots. Also, lots 34,33,32 and portions of 30 & 29 are proposed to be combined into one large commercial lot for development purposes, thus leading to additional buffering opportunities. Lots 1 & 35 are determined to be reasonable per the precedence set by the previous rezoning to commercial in 2012, as well as the existing Commercial across Hwy 24. Therefore, staff recommends this application be approved. Page 4 of 6 STAFF REPORT 071816 HC BOC Page 116 lots 32&33; @corner of Red Bird & Golden Finch Standards of Review and Worksheet STANDARDS OF REVIEW The Planning Board shall consider and make recommendations to the County Board of Commissioners concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning Board concerning zoning districts and no proposed zoning district will receive favorable recommendation unless: D Yes D No A. The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. D Yes D No B. There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. Page 5 of6 STAFF REPORT 071816 HC BOC Page 117 0 Yes 0 No C. There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) 0 Yes 0 No D. There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. 0 Yes 0 No E. The proposed change is in accordance with the comprehensive plan and sound planning practices. 0 GRANTING THE REZONING REQUEST Motion to grant the rezoning upon finding that the rezoning is reasonable based on All of the above findings of fact A-E being found in the affirmative and that the rezoning advances the public interest. 0 DENYING THE REZONING REQUEST Motion to deny the rezoning upon finding that the proposed rezoning does not advance the public interest and is unreasonable due to the following: 0 The proposal will not place all property similarly situated in the area in the same category, or in appropriate complementary categories. 0 There is not convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. 0 There is not convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) 0 There is not convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. 0 The proposed change is not in accordance with the comprehensive plan and sound planning practices. 0 The proposed change was not found to be reasonable for a small scale rezoning Page 6 of 6 STAFF REPORT 071816 HC BOC Page 118 APPLICATION FOR ZONING CHANGE Harnett Planning Department 108 E. Front Str eet COUNTY P.O. Box 65, Lillington, NC 27546 Phone: (910) 893-7525 Fax: (910) 893-2793 Total Fee: ..f? d00 Cl) Receipt: __ llL_ I L (e_ Permit: Hearing Date: ~ -D-_j_iz_ A pplicant Information Owner of Record: ~~~~~;:1P~$~~:J s~oo E-mai l : Phone: I -9\Q-4C\Cl ~ ~ 0 I\ Fax: Deed Book: ~q5 Plat Book: cQO OJp Page: ~---'-"Q.=-- Page: ..:l._~ _ Applicant: Name: "3chn n~ Aa., ta.\cclo}h Address: 5 t£1~ ~~ ~~c :~~ City/State/Zip:d Q.~-OC(l E-mail: Phone: 1-q\q -~qq -~Q.\\ Fax: ---------- ------------------------------- EXISting Zoning: 0 Conservation 0 RA-20M Requested Zoning: 0 Conservation 0 RA-20M Township: ~ RA-20R 0 RA-30 0 RA-40 0 Commercial 0 Light I ndustrial 0 Industnal 0 Office & Inst'l Attachments 0 RA -20R 0 RA-30 0 RA-4 0 [}a Commercial 0 Light Industrial 0 Industr ial 0 Office & Inst'l 0 (01) Anderson Creek 0 (02) Averasboro 0 (03) Barbecue 0 (04) Black River 0 (OS) Buckhorn 0 (06) Duke 0 (07) Grove 0 (08) Hectors Creek ~ (09) Johnsonville 0 (10) Lillington 0 (11) Neill's Creek 0 (12) Stewart's Creek 0 (13) Upper Little River • Written description of property from recorded deed • Recorded map of property at sca le of not less than one ( 1) inch = 200 feet • Explanation of why the zoning change is requested, addressing applicable portions of Article XIV of the Zoning Ordinance Signatures The undersigned applicant hereby certifies that, to the hest of his or her knowledge and belief, all inf ion su~Fpplicsn ~~ ;u~1 ~d accurate _____ _ wne Signature Date Authorized Agent Signature Date Page 1 of 2 APPLICATION FOR ZONING CHANGE 071816 HC BOC Page 119 Requirements for Consideration The Planning Board shall consider and make recommendations to the County Board of Commissioners concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning Board concerning zoning districts and no proposed zoning district will receive favorable recommendation unless: 2.1 The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. 2.2 There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. 2.3 There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requ1rements, and not merely uses which applicants state they intend to make of the property involved.) 2.4 There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. 2.5 The proposed change is in accordance with the comprehensive plan and sound planning practices. 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