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091619a Agenda Package RevisedHARNETT COUNTY BOARD OF COMMISSIONERS County Administration Building 420 McKinney Parkway Lillington, North Carolina Regular Meeting September 16, 2019 1. Call to order-Chairman Gordon Springle 6:00 pm 2. Pledge of Allegiance and Invocation -Commissioner Mark Johnson 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 to add roads to state system E . Harnett County Senior Staff Attorney requests Disclosure of Settlement Agreement Thomas G. Parker v. Hamett County-Claim No. HRC0-001297 (FULL RELEASE OF ALL CLAIMS) F. Approval of the Resolution to Approve the 2020 Schedule of Meetings of the Harnett County Board of Commissioners G. Harnett County General Services, Harnett Area Rural Transit System (HARTS), requests approval of the N.C. Department of Transportation (NC DOT) FY2020 5311 grant agreement in the amount of$279,619; total County match is $41,944. This grant provides funding for Administrative expenses associated with providing public transportation for the citizens of Hamett County. H. Harnett County Emergency Management requests approval to accept the Duke Energy Foundation Grant/Storm Resiliency grant program award in the amount of $25,000. This grant will provide some gear for our teams at no cost to the county. I. Harnett County Emergency Services requests approval of Resolution Authorizing Disposition of Personal Property to donate two 2013 Stryker MX PRO manual stretchers to Benhaven Emergency Services. J. Harnett County Emergency Services requests approval of the North Carolina Division of Emergency Resolution Designation of Applicant's Agent (Hurricane Matthews and Florence) for FEMA Hazard Mitigation Funding. K. Harnett County Library requests approval to amend the library 's rate and fee schedule. Additions to the current schedule include maker space project materials that will be available for purchase by library users. L. Harnett County Library requests approval to apply for annual state aid, estimated at $173,376, from the NC Department of Cultural Resources, the State Library. The State Library allocates a certain amount of funds each year for local libraries intended to promote, aid, and equalize public library services in North Carolina. Page 1 of 3 091619a HCBOC Page 1 M. Administration requests approval of the School Resource Officer Program Memorandum of Understanding (MOU) between the County of Hamett, Harnett County Board of Education, and Hamett County Sheriffs Office. The MOU outlines the responsibilities and expectations of all parties involved related to the location of School Resource Officers in the elementary schools within the Hamett County Schools system. N. Sheriff Office requests approval to purchase a 3D Crime Scene Program (software and hardware) from Faro Technologies for $72,717.44. This purchase will be funded with Federal Asset Forfeiture funds. 5. Period of up to 30 minutes for informal comments allowing 3 minutes for each presentation 6. Appointments 7. Approval of order charging the Hamett County Tax Administrator with collection of all real, personal, and public service companies taxes for the 2019-2020 levy year, with the collections of all delinquent taxes. 8. Hamett County Human Resources introduces a proposed amendment to the Hamett County Personnel Ordinance to include Bereavement Leave as an employee benefit. 9. Public Hearing-Proposed Zoning Change: Case # PLAN 1908-0001 Landowner/Applicant: Harold T. Butts, Jr; 10.3 acres (26.75 total acres); Pin# 0662-905908; From RA-30 to RA-20M ; Hamett Central Rd; Neill's Creek Township. 10. Public Hearing -Proposed Zoning Change: Case # PLAN 1908-0002 Landowner/Applicant: JPF Properties, LLC/ PJ's Truck Bodies & Equipment; 2.15 acres (14.52 total acres) Pin# 1537-17-7937; From RA-20M to Commercial; George Lee Perry Rd; Averasboro Township. 11. Public Hearing -Proposed Text Amendment: Case # PLAN 1908-0003 Hamett County Unified Development Ordinance Text Amendment Article VII: Development Design Guidelines, Section 8.2 Design Standards for Open Space. 12. Public Hearing -Proposed Text Amendment: Case # PLAN 1908-0004 Hamett County Unified Development Ordinance Text Amendment Article V: Use Regulations, Section 1.2 Tables of Use Types & Regulations and Section 8.0 Industrial Uses. 13. Discuss the following tabled items: a. A one (1) year lease agreement with Johnston-Lee-Hamett Community Action for Suite 101 at 252 Irene Roberts Road, Lillington, NC. b. A one (1) year lease agreement with Shawtown Alumni Association for Suite 100 at 252 Irene Roberts Road, Lillington, NC. Page 2 of3 091619a HCBOC Page 2 Administration requests approval of lease agreements with the Shawtown High School Alumni Association and Johnston-Lee-Hamett Community Action to occupy space within the building at 252 Irene Roberts Road, Lillington, on the former Shawtown School Campus. The lease agreements lay out the expectations and responsibilities of the County and these organizations related to their occupancy of the designated space. The proposed term of each lease agreement is for 10 years at a cost of $1 per year. Both entities currently occupancy the space described in their respective lease agreement. 14. Consider approval of a Resolution by the Hamett County Board of Commissioners to Accept the Conveyance of the Old Benhaven School Site Real Property from the Hamett County Board of Education 15. County Manager's Report -Paula Stewart, County Manager Hamett County Public Health Activities Summary -August 2019 Hamett County Veterans Services Activities Report -August 2019 Interdepartmental Budget Amendments 16. New Business 17. Closed Session 18. Adjourn Page 3 of 3 091619a HCBOC Page 3 091619a HCBOC Page 4 091619a HCBOC Page 5 091619a HCBOC Page 6 091619a HCBOC Page 7 Agenda Item_'-/ ........ ~------ COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT BE IT ORDAI NED by the Governing Boord of the County of Hornell. North Carolina. Iha ! the following amendment be made to the annual budget ordinance for the fisca l year ending June 30, 2020. Seclfon 1. To amend the General Fund . Clerk of Court, the appropriations ore to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1104130 544050 Software Maint & Su nnort $50.000 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE 1104450 3504 10 Service Charaes -EMS $50.000 EXPLANATION: To increase revenue and expediture to cover costs and additional revenue of Nsure Insurance verification software contract (LS 19-258) APPROVALS : -7~ e~{~ )b-+-' DECREASE ept He a date) .9-~ 20 I 9 inance Off,1 er (date) 9-5 I 9 County Manager (dot~ Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board. and to the Budget Officer a ~ th~-1 <, Finance Officer for their direction. Adopted this ___ day of --------. 20 __ . Margaret Regina Wheeler. Clerk to the Board Gordon Spri ngle. Chairman Board of Commissioners 091619a HCBOC Page 8 COUNTY OF HARNEIT BUDGET ORDINANCE AMENDME NT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina. that the following amendment be made t, the fiscal year ending June 30, 2020. Section 1. ORG OBJECT 1104995 519090 To amend the Board of General Fund, Coop Ext Specia l Project, the appropriations are to b• follows : EXPENDITURE PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODI PAT OTHER. CONTRACTED SERVICES REVENUE ' AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1104995 380840 PAT CONTR IB UTION & DONATIONS l XPLANATION : TO CORRECT BUDGET TO REFLECT LOCAL GRANT AWARD , AND TO CORRECT REVENUE ACCOUNT. APPROVALS : Dept Head (date) Adopted this ___ day of ________ , 20 _. Margaret Regina Wheeler. C lerk to the Board Gordon Spring le. Chairman Board of Commissioners i16.000 I 091619a HCBOC Page 9 COUNTY OF HARNETI BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Hornet!. Norlh Carolina, thot the following amendment be made to the onnual budget ord inance for the fiscal year ending June 30, 2020. Section 1. To amend the General fund, Sheriff Public Safety , the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB -TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 21 04590 598500 Sheriffs Capital Reserve $63.600 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB -TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 2103900 390990 Federal Asset Forfeiture Fund Balance $63.600 EXPLANATION: Move monies to Purchase a Faro 30 camera/scanner sytem for crime scenes. APPROVALS : Adopted t his -·--. day of _____ --·---, 20 _. Margaret Regina Wheeler. Clerk to the Board Gordon Springle, Chairman Board of Commissioners 091619a HCBOC Page 10 COUNTY Of HARNETT BUDGET ORDINANCE 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 fiscal year ending June 30, 2020. Section 1. To amend the General Fund, Sheriff Capital Reserve , the appropriations a re to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 5104310 555000 Copilal Outlay Equipment $63,600 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 5103900 390982 Trans fer fro m Soeciol Revenue $63,600 EXPLANATION: Move monies to Purchase a Faro 30 camera /scanner sytem for crime scenes. APPROVALS: \~~ Viy',q ftu14-,Si1:,~ DepfHeoicfuk) r 1n ance O 1c ~~,e))...-19 County Manager (date) 'f---(d---ii Section 2 . Copies of this budget amendment shall be furnished to the Clerk to the Boord. and to the Budget Officer and the Finance Officer for their direction. Adop ted t his _ day of __ ·-----_ , 20 __ . Margaret Regina Wheeler, Clerk to the Boord Gordon Springle, Chairman Board of Commissioners 091619a HCBOC Page 11 Agenda Item J../. (! Board Report Date 09/16/2019 Approved ___________ _ To: Harnett County Board of Commissioners Re: Consideration of Refund for Taxes, Interest and Penalities for all Muncipalities Adjustment Reason Bill Number Adjustment 0002265967-2019-2019-0000-00 William R. Tyson Tax Administrator Type Received Amount Refund Amount Name IND $75.53 $45.78 MCKOY, GENE BRONSON 091619a HCBOC Page 12 Date run: 9/9/2019 12:02:02 PM Data as of: 9/8/2019 8:14:39 PM TR-304 Bill Release Report NCPTS V4 Report Parameters: Release Date Start: 8/1/2019 Release Date End: 8/31/2019 Tax District: ALL Default Sort-By: Grouping: Bill #,Taxpayer Name.Release Date,Billing Date,Operator ID, Release Amount Release Reason Bill# Taxpayer Name RELEASE REASON: Address change 0001567392-2019-2019-0000-00-REG STEEL WORKS & SUPPLY INC 0001985223-2019-2019-0000-00-REG TALBOT CREEK FARMS 0002266800-2019-2019-0000-00-REG CALDWELL, JEROD LEE Subtotal RELEASE REASON: Adjustment 0000006921-2019-2019-0000-00-REG ELKINS, THOMAS E 0000010459-2019-2019-0000-00-REG CHAMPION, ROY LEE 0000010695-2019-2019-0000-00-REG TAYLOR, DODIE R 0000010737-2019-2017-0000-00-REG GREEN, JEREMY 0000015550-2019-2019-0000-00-REG THOMAS, TAMEKA 0000016960-2019-2019-0000-00-REG ESTEP, DOROTHY 0000017393-2019-2019-0000-00-REG FARMER, JERRY 0000023193-2018-2018-0000-00-REG HAWKINS, DAVID L JR PAGE 1 of 14 Operator ID (Name) 7/19/2019 CRYSTAL 8/20/2019 THOMAS 7/19/2019 SHERRY 8/12/2019 LOCKAMY 7/19/2019 JANNA HIGDON 8/21/2019 7/19/2019 MARGARET 8/21/2019 WRIGHT 7/19/2019 CRYSTAL 8/7/2019 THOMAS 7/19/2019 MARGARET 8/12/2019 WRIGHT 8/20/2019 MARGARET 8/20/2019 WRIGHT 7/19/2019 APRIL DIAZ 8/6/2019 8/6/2019 CRYSTAL 8/6/2019 THOMAS 7/19/2019 MARGARET 8/23/2019 WRIGHT 8/11/2018 MARGARET 8/14/2019 WRIGHT -. 4,000.61 172.84 9.30 352.11 271.07 715.00 23.66 439.15 54.98 988.56 4,756.14 Release Amount($) 4,000.61 172.84 9.30 4,182.75 182.28 145.76 357.50 23.66 369.15 9.16 250.63 1,029.61 -. 0.00 0.00 0.00 169.83 125.31 357.50 0.00 70.00 45.82 737.93 3,726.53 091619a HCBOC Page 13 Bill# Taxpayer Name 0000030660-2019-2019-0000-00-REG LEAIRD, LAURA LEE 0000030660-2019-2019-0070-00-DLD LEAIRD, LAURA LEE 0000031213-2019-2019-0000-00-REG BARAKA INVESTMENTS LLC 0000036440-2019-2019-0000-00-REG MCNEILL, CARL WAYNE 0000039396-2017-2017-0000-00-REG OSTHEIM, GREGORY 0000039396-2018-2018-0000-00-REG OSTHEIM, GREGORY 0000039396-2019-2019-0000-00-REG OSTHEIM, GREGORY 0000042165-2019-2019-0000-00-REG KAYLOR, ROBERT SHEPARD 0000048983-2019-2019-0000-00-REG SM 1TH, KENNETH B 0000058388-2018-2018-0000-00-REG WEST, GARY MAC 0000058449-2019-2019-0000-00-REG WEST, JIMMY W 0000062044-2019-2019-0000-00-REG MCCRACKEN, JASON MICHAEL 0000062044-2019-2019-0000-00-REG MCCRACKEN, JASON MICHAEL 0000063587-2019-2019-0000-00-REG ROSALES, MARIA 0001012999-2019-2019-0000-00-REG SIMPSON, MEL VIN LAMONT 0001169758-2019-2019-0000-00-REG SMITH, MICHAEL LEE 0001280331-2019-2019-0000-00-REG NEIGHBORS, JAMES E JR 0001379912-2019-2019-0000-00-REG ROMERO, FRANCISCO 0 0001590812-2019-2019-0000-00-REG AVERY, STACY GLENN 0001754756-2010-2010-0000-00-REG MORRELL, SHERRY ANN 0001786457-2011-2011-0000-00-REG SADLER, STEPHEN TODD PAGE 2 of 14 Operator ID (Name) 7/19/2019 MARGARET WRIGHT 7/19/2019 MARGARET WRIGHT 7/19/2019 MARGARET WRIGHT 7/19/2019 MARGARET WRIGHT 8/19/2017 MARGARET WRIGHT 8/11/2018 MARGARET WRIGHT 7/19/2019 MARGARET WRIGHT 7/19/2019 MARGARET WRIGHT 7/19/2019 APRIL DIAZ 8/11/2018 MARGARET WRIGHT 7/19/2019 MARGARET WRIGHT 7/19/2019 APRIL DIAZ 7/19/2019 APRIL DIAZ 7/19/2019 MARGARET WRIGHT 7/19/2019 APRIL DIAZ 7/19/2019 MARGARET WRIGHT 7/19/2019 MARGARET WRIGHT 7/19/2019 MARGARET WRIGHT 7/19/2019 MARGARET WRIGHT 3/1/2011 APRIL DIAZ 12/1/2011 APRIL DIAZ 8/12/2019 8/12/2019 8/23/2019 8/21/2019 8/5/2019 8/5/2019 8/5/2019 8/21/2019 8/16/2019 8/22/2019 8/2/2019 8/5/2019 8/6/2019 8/5/2019 8/29/2019 8/21/2019 8/15/2019 8/22/2019 8/21/2019 8/14/2019 8/19/2019 -. 893.50 0.00 361.89 1,223.17 1,447.94 1,447.94 1,464.34 2,172.22 8.22 849.15 194.62 75.92 56.54 379.25 2,320.20 1,094.86 186.17 53.50 169.00 85.22 46.93 Release Amount($) I 893.50 1,332.83 212.68 251.01 98.96 98.96 100.13 873.67 8.22 849.15 108.96 19.38 56.54 135.25 2,320.20 467.05 7.94 8.40 145.76 170.45 46.93 -0.00 -1,332.83 149.21 972.16 1,348.98 1,348.98 1,364.21 1,298.55 0.00 0.00 85.66 56.54 0.00 244.00 0.00 627.81 178.23 45.10 23.24 -85.23 0.00 091619a HCBOC Page 14 Bill# Taxpayer Name 0001854230-2019-2019-0000-00-REG YAMRUS, ANN COLLINS 0001854248-2019-2019-0000-00-REG SNOW, KELVIN 0001855042-2010-2010-0000-00-REG HORTON, CHRISTINA SUE 0001859052-2019-2019-0000-00-REG BANC OF AMERICA LEASING & 0001860284-2010-2010-0000-00-REG SADLER, STEPHEN TODD 0002182345-2019-2019-0000-00-REG BLAKENSHIP, AMANDA 0002246381-2019-2019-0000-00-REG NICHOLSON LLC 0002247871-2017-2017-0000-00-REG PRINCE, LUCILLE P 0002247871-2018-2018-0000-00-REG PRINCE, LUCILLE P 0002247871-2019-2019-0000-00-REG PRINCE, LUCILLE P 0002250893-2019-2019-0000-00-REG STRICKLAND, DORIS BAREFOOT 0002251175-2019-2019-0000-00-REG HARRISON, MICHAEL JOSEPH 0002251475-2019-2019-0000-00-REG GILBERT, TOMMY R 0002251630-2019-2019-0000-00-REG KOONCE, CARL STEPHEN 0002253287-2019-2019-0000-00-REG SPAHR, DAVID SCOTT 0002253830-2019-2019-0000-00-REG CANON FINANCIAL SERVICES 0002256882-2019-2019-0000-00-REG STEVENS, CLAYTON HENRY JR 0002257844-2019-2019-0000-00-REG STEVENS. CLAYTON HENRY JR 0002258019-2019-2019-0000-00-REG BARNES, CHARLES D 0002258142-2019-2019-0000-00-REG WALLACE, SHERWOOD GENE 0002258468-2019-2019-0000-00-REG MCCRACKEN, SHAWN M 0002258468-2019-2019-0000-00-REG MCCRACKEN, SHAWN M PAGE 3 of 14 Operator ID (Name) 7/19/2019 MARGARET 8/5/2019 WRIGHT 7/19/2019 APRIL DIAZ 8/6/2019 2/1/2011 APRIL DIAZ 8/1/2019 7/19/2019 KRISTY 8/13/2019 TAYLOR 4/1/2011 APRIL DIAZ 8/19/2019 7/19/2019 AMY BAIN 8/21/2019 7/19/2019 KRISTY 8/5/2019 TAYLOR 8/19/2017 MARGARET 8/2/2019 WRIGHT 8/11/2018 MARGARET 8/2/2019 WRIGHT 7/19/2019 MARGARET 8/2/2019 WRIGHT 7/19/2019 JANNA HIGDON 8/8/2019 7/19/2019 APRIL DIAZ 8/27/2019 7/19/2019 APRIL DIAZ 8/5/2019 7/19/2019 APRIL DIAZ 8/6/2019 7/19/2019 APRIL DIAZ 8/6/2019 7/19/2019 KRISTY 8/26/2019 TAYLOR 7/19/2019 MARGARET 8/1/2019 WRIGHT 7/19/2019 MARGARET 8/1/2019 WRIGHT 7/19/2019 MARGARET 8/9/2019 WRIGHT 7/19/2019 MARGARET 8/5/2019 WRIGHT 7/19/2019 APRIL DIAZ 8/5/2019 7/19/2019 APRIL DIAZ 8/5/2019 -. 4.35 1,819.22 79.83 1,997.63 74.15 1,643.48 197.96 2,159.97 2,159.97 2,159.97 29.11 312.25 40.31 51.77 10.54 111.84 4.30 4.30 76.81 23.53 214.47 132.37 Release Amount($) 1.74 1,819.22 79.83 1,997.63 74.15 1,643.48 197.96 126.76 126.76 126.76 29.11 312.25 36.59 51.77 4.68 71.98 3.65 3.65 76.81 12.64 82.10 132.37 -2.61 0.00 0.00 0.00 0.00 0.00 0.00 2,033.21 2,033.21 2,033.21 0.00 0.00 3.72 0.00 5.86 39.86 0.65 0.65 0.00 10.89 132.37 0.00 091619a HCBOC Page 15 Bill# Taxpayer Name 0002258805-2019-2019-0000-00-REG JERNIGAN, DANIEL PATRICK 0002261061-2019-2019-0000-00-REG BENOIT, ERIC PAUL 0002261061-2019-2019-0000-00-REG BENOIT, ERIC PAUL 0002261105-2019-2019-0000-00-REG KEY, LARRY RAY 0002261366-2019-2019-0000-00-REG PEARCE, JOHNNIE ROGER 0002261969-2019-2019-0000-00-REG FISCHETII, JOHN VINCENT 0002262722-2019-2019-0000-00-REG GRIFFIN, DWAYNE SMITH 0002262757-2019-2019-0000-00-REG HUFF, MICHAEL BLAKE JR 0002263066-2019-2019-0000-00-REG RUDDER, ROBERT JACKSON SR 0002263983-2019-2019-0000-00-REG WOLF, JESSEL 0002263983-2019-2019-0000-00-REG WOLF, JESSEL 0002265124-2019-2019-0000-00-REG ROBISON, ROY LEE II 0002265457-2019-2019-0000-00-REG WACLAWSKI, JOSHUA L 0002265691-2019-2019-0000-00-REG JOHNSON, DILLON COLE 0002265967-2019-2019-0000-00-REG MCKOY, GENE BRONSON 0002266063-2019-2019-0000-00-REG ADAMS, MAX TRAVIS 0002266510-2019-2019-0000-00-REG TEACH ALL NATIONS MINISTRIES 0002268573-2019-2019-0000-00-REG YANG, CHIH CHEN Subtotal RELEASE REASON: Assessed In Err 0000039699-2019-2019-0000-00-REG NORRIS, BOBBY H 0002246209-2019-2019-0000-00-REG LEAF CAPITAL FUNDING, LLC 0002247353-2019-2017-0000-00-REG ALL AMERICAN PLUMBING CO INC 0002247353-2019-2018-0000-00-REG ALL AMERICAN PLUMBING CO INC PAGE 4 of 14 Operator ID (Name) 7/19/2019 APRIL DIAZ 7/19/2019 APRIL DIAZ 7/19/2019 APRIL DIAZ 8/16/2019 MARGARET WRIGHT 7/19/2019 APRIL DIAZ 7/19/2019 APRIL DIAZ 7/19/2019 APRIL DIAZ 7/19/2019 APRIL DIAZ 8/15/2019 APRIL DIAZ 7/19/2019 APRIL DIAZ 7/19/2019 APRIL DIAZ 7/19/2019 APRIL DIAZ 7/19/2019 APRIL DIAZ 7/19/2019 SHANNON AUTRY 7/19/2019 APRIL DIAZ 7/19/2019 APRIL DIAZ 7/19/2019 APRIL DIAZ 7/19/2019 APRIL DIAZ 7/19/2019 SHERRY LOCKAMY 7/19/2019 SHERRY LOCKAMY 8/15/2019 KRISTY TAYLOR 8/15/2019 KRISTY TAYLOR 8/20/2019 8/27/2019 8/27/2019 8/26/2019 8/6/2019 8/26/2019 8/5/2019 8/14/2019 8/22/2019 8/26/2019 8/26/2019 8/5/2019 8/1/2019 7/31/2019 8/30/2019 8/1/2019 8/15/2019 8/5/2019 8/12/2019 8/12/2019 8/15/2019 8/15/2019 -. 3.83 20.54 8.19 11.04 24.21 3.22 195.59 113.97 275.51 293.68 269.03 291.04 67.40 42.44 75.53 42.85 7.99 19.95 172.38 119.41 12.50 14.24 Release Amount($) 3.83 12.35 7.34 11.04 24.21 3.22 195.59 113.97 275.51 24.65 33.95 291.04 67.40 42.44 45.78 29.34 7.99 19.95 18,795.21 92.51 119.41 12.50 1.18 -0.00 8.19 0.85 0.00 0.00 0.00 0.00 0.00 0.00 269.03 235.08 0.00 0.00 0.00 29.75 13.51 0.00 0.00 79.87 0.00 0.00 13.06 091619a HCBOC Page 16 Bill# Taxpayer Name 0002254671-2019-2019-0000-00-REG ADUSA TRANSPORTATION LLC DC04 Subtotal RELEASE REASON: Deferred Bill 0000030660-2019-2019-0070-01-DLD LEAIRD, LAURA LEE Subtotal RELEASE REASON: Duplication 0001778929-2019-2019-0000-00-REG THOMAS, LARRY BERNICE 0002250896-2019-2019-0000-00-REG GRIFFIN, KATHRYN MARIE 0002253510-2019-2019-0000-00-REG CONKLIN, CHAD ALLEN 0002263979-2019-2019-0000-00-REG SHONTZ, STEVE DEWAYNE Subtotal RELEASE REASON: Elderly Exclusion 0000000179-2019-2019-0000-00-REG ADAMS, CLINTON L 0000016579-2019-2019-0000-00-REG RIGSBEE, JERRY 0000044132-2019-2019-0000-00-REG RAINES, LINDA R 0001387074-2019-2019-0000-00-REG WILSON, JAMES EA Subtotal RELEASE REASON: Exempt Property 0000004919-2019-2019-0000-00-REG BLACK RIVER MISSIONARY GROVE BAPTIST CHURCH 0000004919-2019-2019-0000-01-REG BLACK RIVER MISSIONARY GROVE BAPTIST CHURCH 0000016072-2019-2019-0000-00-REG REDEMPTION HILL CHURCH INC, PAGE 5 of 14 Operator ID (Name) 7/19/2019 SHERRY LOCKAMY 7/19/2019 MARGARET WRIGHT 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 MARGARET WRIGHT I 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS -. 8/26/2019 107,198.46 8/12/2019 1,378.42 8/5/2019 27.04 8/29/2019 166.71 8/16/2019 162.59 8/7/2019 117.45 8/9/2019 1,590.04 8/27/2019 1,532.19 8/9/2019 817.87 8/29/2019 47.68 8/7/2019 1,350.00 8/7/2019 1,420.00 8/5/2019 12,232.08 Release Amount($) 36,426.94 36,652.54 1,378.42 1,378.42 27.04 76.76 83.04 117.45 304.29 1,590.04 1,532.19 817.87 47.68 3,987.78 1,350.00 1,350.00 12,162.08 -. 70,771.52 0.00 0.00 89.95 79.55 0.00 0.00 0.00 0.00 0.00 0.00 70.00 70.00 091619a HCBOC Page 17 Bill# Taxpayer Name 0000025920-2019-2019-0000-00-REG LIVING STONES OF FAITH MINISTRIES INC 0001904924-2019-2019-0000-00-REG REDEMPTION HILL CHURCH INC, 0002248030-2019-2019-0000-00-REG CAPTAINS LANDING PROPERTY OWNERS ASSOC INC Subtotal RELEASE REASON: Full rebate 0000008021-2019-2019-0000-00-REG BUTTS, SHERRILL 0000012625-2019-2019-0000-00-REG COX, NETHA 0002258981-2019-2019-0000-00-REG WELDON, PATRICK JOSEPH Subtotal RELEASE REASON: Homesite removed 0000019939-2018-2018-0000-00-REG GODWIN, HOMER PATRICK Ill 0000019939-2019-2019-0000-00-REG GODWIN, HOMER PATRICK Ill Subtotal RELEASE REASON: Less than min amt 0000007630-2019-2019-0000-00-REG BURGESS, CLIFTON F 0001279676-2019-2019-0000-00-REG CARTER, STANLEY DAVID 0001383762-2019-2019-0000-00-REG ADAMS, RONALD HOPE JR 0001585212-2019-2019-0000-00-REG MATTHEWS, RICHARD LEE 0001854230-2019-2019-0000-00-REG YAMRUS, ANN COLLINS 0001891950-2019-2019-0000-00-REG MCLEAN, WILLIAM C JR 0002076835-2019-2019-0000-00-REG WILLOUGHBY, JOHN ALVAH JR 0002246939-2019-2019-0000-00-REG POMEROY, EDWARD ELLIS PAGE 6 of 14 Operator ID (Name) 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 MARGARET WRIGHT 7/19/2019 MARGARET WRIGHT 7/19/2019 SHERRY LOCKAMY 8/11/2018 MARGARET WRIGHT 7/19/2019 MARGARET WRIGHT 8/16/2019 APRIL DIAZ 8/16/2019 APRIL DIAZ 8/16/2019 APRIL DIAZ 8/19/2019 APRIL DIAZ 7/19/2019 MARGARET WRIGHT 7/19/2019 CRYSTAL THOMAS 8/22/2019 APRIL DIAZ 7/19/2019 AMY BAIN 8/20/2019 8/5/2019 8/8/2019 8/27/2019 8/6/2019 8/6/2019 8/21/2019 8/21/2019 8/16/2019 8/16/2019 8/16/2019 8/19/2019 8/5/2019 8/22/2019 8/22/2019 8/13/2019 -. 2,077.53 1,368.63 166.00 5.95 358.52 9.37 871.58 879.50 0.65 2.00 1.89 2.55 2.61 0.82 1.44 0.98 Release Amount($) 1,694.33 1,298.63 166.00 18,021.04 5.95 358.52 9.37 373.84 41.75 42.25 84.00 0.65 2.00 1.89 2.55 2.61 0.82 1.44 0.98 -383.20 70.00 0.00 0.00 0.00 0.00 829.83 837.25 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 091619a HCBOC Page 18 Bill# Taxpayer Name 0002256882-2019-2019-0000-00-REG STEVENS, CLAYTON HENRY JR 0002257844-2019-2019-0000-00-REG STEVENS, CLAYTON HENRY JR 0002258057-2019-2019-0000-00-REG BOLICK, CLIFTON J 0002259077-2019-2019-0000-00-REG RING, THOMAS EDWARD JR 0002261006-2019-2019-0000-00-REG CARROLL, KIRK THOMAS 0002261024-2019-2019-0000-00-REG SPIVEY, RICKY EARL 0002261061-2019-2019-0000-00-REG BENOIT, ERIC PAUL 0002261071-2019-2019-0000-00-REG GARRETT, BORIS KYLE 0002261190-2019-2019-0000-00-REG BARNES, JOSEPH IRVING 0002261409-2019-2019-0000-00-REG THOMAS, WILLIAM DANNY JR 0002261414-2019-2019-0000-00-REG HOLDER, DAVID FOSTER 0002261416-2019-2019-0000-00-REG FINK, GEORGE ROBERT Ill 0002261434-2019-2019-0000-00-REG ADKINS, STEVEN LEE 0002261461-2019-2019-0000-00-REG WILKINS, WARREN MICHAEL 0002261466-2019-2019-0000-00-REG MICHNO, WILLIAM STANLEY 0002261472-2019-2019-0000-00-REG HART, JAMES STEVEN 0002261529-2019-2019-0000-00-REG FRAZIER, DAVID MICHAEL JR 0002261586-2019-2019-0000-00-REG THOMAS, NICHOLAS JAMES 0002261663-2019-2019-0000-00-REG JOHNSON, GENERAL JUNIOR II 0002261700-2019-2019-0000-00-REG LOWERY, DARRICK PAGE 7 of 14 Operator ID (Name) 7/19/2019 MARGARET WRIGHT 7/19/2019 MARGARET WRIGHT 8/20/2019 APRIL DIAZ 8/7/2019 CRYSTAL THOMAS 8/22/2019 APRIL DIAZ 8/15/2019 CRYSTAL THOMAS 7/19/2019 APRIL DIAZ 8/15/2019 CRYSTAL THOMAS 8/16/2019 CRYSTAL THOMAS 8/20/2019 CRYSTAL THOMAS 8/20/2019 CRYSTAL THOMAS 8/20/2019 CRYSTAL THOMAS 8/21/2019 CRYSTAL THOMAS 8/21/2019 CRYSTAL THOMAS 8/21/2019 CRYSTAL THOMAS 8/21/2019 CRYSTAL THOMAS 8/21/2019 CRYSTAL THOMAS 8/26/2019 CRYSTAL THOMAS 8/26/2019 CRYSTAL THOMAS 8/28/2019 CRYSTAL THOMAS 8/1/2019 8/1/2019 8/20/2019 8/7/2019 8/22/2019 8/15/2019 8/27/2019 8/15/2019 8/16/2019 8/20/2019 8/20/2019 8/20/2019 8/21/2019 8/21/2019 8/21/2019 8/21/2019 8/21/2019 8/26/2019 8/26/2019 8/28/2019 -. 0.65 0.65 2.88 1.83 2.33 2.94 0.85 2.06 2.30 2.04 2.14 2.53 2.32 2.22 2.92 2.23 0.36 2.35 0.75 0.25 Release Amount($) 0.65 0.65 2.88 1.83 2.33 2.94 0.85 2.06 2.30 2.04 2.14 2.53 2.32 2.22 2.92 2.23 0.36 2.35 0.75 0.25 '···:. . ---. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 091619a HCBOC Page 19 Bill# Taxpayer Name 0002262009-2019-2019-0000-00-REG OSORIO, FELIPE 0002262015-2019-2019-0000-00-REG MANTOOTH, ROBERT GLEN 0002262024-2019-2019-0000-00-REG BAKER, DONALD RAY 0002262182-2019-2019-0000-00-REG KELLY, STEPHEN CHALMERS 0002262198-2019-2019-0000-00-REG WALLACE, DONALD EVERETIE 0002262212-2019-2019-0000-00-REG BURROWS, CHARLES JOSEPH 0002262918-2019-2019-0000-00-REG STALEY, PAUL RUSSELL JR 0002262942-2019-2019-0000-00-REG FAIRCLOTH, RAY CASHWELL 0002262973-2019-2019-0000-00-REG BRINTON, GREGORY JOHN 0002263017-2019-2019-0000-00-REG BROWN, RONALD PATRICK 0002263034-2019-2019-0000-00-REG BRANCH, JEFFREY scon 0002268777-2019-2015-0000-00-REG BRAND, CYNTHIA LAWSON 0002268777-2019-2016-0000-00-REG BRAND, CYNTHIA LAWSON 0002268777-2019-2019-0000-00-REG BRAND, CYNTHIA LAWSON Subtotal RELEASE REASON: Listed In Error 0001861851-2019-2019-0000-00-REG FRED AND LINDA LLC 0002246310-2019-2019-0000-00-REG SCHWANS CONSUMER BRANDS NA 0002246939-2019-2019-0000-00-REG POMEROY, EDWARD ELLIS 0002249557-2019-2019-0000-00-REG COX, ALEXANDER WILLIAM PAGE 8 of 14 I Operator ID (Name) 8/20/2019 MARGARET WRIGHT 8/20/2019 MARGARET WRIGHT 8/20/2019 MARGARET WRIGHT 8/23/2019 MARGARET WRIGHT 8/29/2019 MARGARET WRIGHT 8/29/2019 MARGARET WRIGHT 8/19/2019 MARGARET WRIGHT 8/19/2019 MARGARET WRIGHT 8/16/2019 MARGARET WRIGHT 8/16/2019 MARGARET WRIGHT 8/16/2019 MARGARET WRIGHT 8/1/2019 SHERRY LOCKAMY 8/1/2019 SHERRY LOCKAMY 8/1/2019 SHERRY LOCKAMY 7/19/2019 SHERRY LOCKAMY 7/19/2019 KRISTY TAYLOR 7/19/2019 AMY BAIN 7/19/2019 CRYSTAL THOMAS 8/20/2019 8/20/2019 8/20/2019 8/23/2019 8/29/2019 8/29/2019 8/19/2019 8/19/2019 8/16/2019 8/16/2019 8/16/2019 8/1/2019 8/1/2019 8/1/2019 8/12/2019 8/15/2019 8/13/2019 8/8/2019 -. 0.74 2.88 0.99 1.54 1.96 1.44 1.19 0.10 1.69 0.74 1.17 2.83 2.65 2.81 3.59 8,860.03 5.28 37.19 Release Amount($) 0.74 2.88 0.99 1.54 1.96 1.44 1.19 0.10 1.69 0.74 1.17 2.83 2.65 2.81 72.27 3.59 8,646.11 4.30 37.19 -. 0.00 0.00 0.00 0.00 0.00 0~ 0~ 0.00 0.00 0.00 0~ 0~ 0.00 0.00 0.00 213.92 0.98 0.00 091619a HCBOC Page 20 Bill# Taxpayer Name 0002255082-2019-2019-0000-00-REG PENCOLA, DONALD JOSEPH 0002258725-2019-2019-0000-00-REG DANIELS, CHARLES EDWARD 0002261062-2019-2019-0000-00-REG WEST, TROY MA TIHEW 0002261421-2019-2019-0000-00-REG HODGES, DERRICK LEE 0002261492-2019-2019-0000-00-REG HAYES, GREGORY DALE 0002261791-2019-2019-0000-00-REG WORLEY, JEFFREY G 0002261819-2019-2019-0000-00-REG LINDSEY, ZACHARY RYAN 0002262795-2019-2019-0000-00-REG DUBREUIL, RICHARD LOUIS 0002262849-2019-2019-0000-00-REG GREGORY, HUGH 0002262861-2019-2019-0000-00-REG MANN, MICHAEL DENNIS Subtotal RELEASE REASON: MH listed as PersPrp 0000019395-2019-2019-0000-00-REG GILBERT, DEAN E Subtotal RELEASE REASON: Military 0001560841-2010-2010-0000-00-REG SCH I EDER, BOBBIE JO 0001876903-2010-2010-0000-00-REG WALLACE, JEREMIAH HOWARD 0001878864-2011-2011-0000-00-REG ANGUITA. NATHAN JEROME 0002178285-2014-2013-0000-00-REG ACOSTA, ALEXIS 0002251619-2019-2019-0000-00-REG GONZALEZ, ALEXANDER 0002261367-2019-2019-0000-00-REG HAYNES, MATIHEW ALBERT PAGE 9 of 14 Operator ID {Name) 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 8/15/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 8/28/2019 CRYSTAL THOMAS 8/29/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 MARGARET WRIGHT 5/2/2011 CRYSTAL THOMAS 5/2/2011 YVONNE MCARTHUR 6/1/2011 JANNA HIGDON 6/24/2014 AMY BAIN 7/19/2019 APRIL DIAZ 7/19/2019 MARGARET WRIGHT 8/8/2019 8/19/2019 8/15/2019 8/19/2019 8/9/2019 8/28/2019 8/29/2019 8/14/2019 8/13/2019 8/7/2019 8/14/2019 8/8/2019 8/1/2019 8/29/2019 8/12/2019 8/22/2019 8/9/2019 -. 18.83 7.40 16.13 8.93 7.48 54.21 31.65 192.13 147.42 52.59 920.77 54.36 84.65 225.23 203.69 30.00 85.18 Release Amount($) 18.83 7.40 16.13 8.93 7.48 54.21 31.65 192.13 147.42 52.59 9,227.96 680.77 680.77 54.36 84.65 225.23 203.69 30.00 85.18 -. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 240.00 0.00 0.00 0.00 0.00 0.00 0.00 091619a HCBOC Page 21 Bill# Taxpayer Name 0002261591-2019-2019-0000-00-REG WEBER, THOMAS JOHN 0002264448-2019-2019-0000-00-REG REYES, FERDINAND OLAY 0002267 477-2019-2019-0000-00-REG TALAVERA HERNANDEZ, RAMON ERNESTO 0002267953-2019-2019-0000-00-REG MCDONALD, CHARLES GREGORY 0002268077-2019-2019-0000-00-REG KIRBY, JUSTIN CHRISTOPHER Subtotal RELEASE REASON: Not in County 0002261683-2019-2019-0000-00-REG ARNHEITER, CHRISTOPHER L Subtotal RELEASE REASON: Over Assessment 0001891950-2019-2019-0000-00-REG MCLEAN, WILLIAM C JR 0002251871-2019-2019-0000-00-REG WHITMAN, THURMAN EDWARD 0002258371-2019-2019-0000-00-REG SPEIGHT, RITA E 0002261758-2019-2019-0000-00-REG THOMAS, LARRY BERNICE 0002264052-2019-2019-0000-00-REG JONES, JAMES D Subtotal RELEASE REASON: Ownership change 0000010753-2019-2019-0000-00-REG HAYWOOD, ROBERT 0000023755-2019-2019-0000-00-REG STUBBS, JAVER 0000028823-2019-2019-0000-00-REG KEEN, FRANKIE WATSON 0000041351-2019-2019-0000-00-REG MARKSBANKS, BP JR 0000041352-2019-2019-0000-00-REG MARKSBANKS, B P JR 0000045579-2019-2019-0000-00-REG ROBINSON, CHRISTINE PAGE 10 of 14 I I Operator ID (Name) 7/19/2019 SHANNON AUTRY 7/19/2019 APRIL DIAZ 7/19/2019 MARGARET WRIGHT 7/19/2019 STEPHANIE WILSON 7/19/2019 STEPHANIE WILSON 8/28/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 AMY BAIN 7/19/2019 AMY BAIN 7/19/2019 AMY BAIN 7/19/2019 AMY BAIN 7/19/2019 AMY BAIN 7/19/2019 AMY BAIN 8/12/2019 8/22/2019 7/31/2019 8/9/2019 7/31/2019 8/28/2019 8/22/2019 8/5/2019 8/8/2019 8/5/2019 8/5/2019 8/12/2019 8/26/2019 8/21/2019 8/5/2019 8/5/2019 8/6/2019 -. 19.05 27.09 291.17 46.39 286.33 16.83 19.51 115.28 495.04 39.90 439.45 3,431.33 1,254.83 1,569.59 150.45 106.08 129.00 Release Amount($) 19.05 27.09 291.17 46.39 286.33 1,353.14 16.83 16.83 18.69 62.56 3.44 16.56 313.22 414.47 3,431.33 1,254.83 1,569.59 150.45 106.08 129.00 -. . 0.00 0.00 0.00 0.00 0.00 0.00 0.82 52.72 491.60 23.34 126.23 0.00 0.00 0.00 0.00 0.00 0.00 091619a HCBOC Page 22 Bill# Taxpayer Name 0002184488-2019-2019-0000-01-REG PERKINS. MERRILL L Subtotal RELEASE REASON: Penalty In Err 0000023449-2019-2019-0000-00-REG IVEY, BETIY S Subtotal RELEASE REASON: Process Correction 0000003803-2018-2018-0000-01-REG BAYLES, JERRY RAY SR Subtotal RELEASE REASON: Removal of SW Fee 0000007735-2019-2019-0000-00-REG BURNS, BETTY C 0000018422-2019-2019-0000-00-REG LIBERTY BAPTIST CH OF SPRING LAKE, 0000031465-2019-2019-0000-00-REG LIBERTY BAPTIST CHURCH OF SPRING LA, 0000061414-2019-2019-0000-00-REG YARBOROUGH, LEWIS LEE JR 0000062113-2019-2019-0000-00-REG GALT LAND DEVELOPMENT LLC, Subtotal RELEASE REASON: Situs error 0000012721-2019-2019-0000-00-REG CRANE, BRENTS 0000012732-2019-2019-0000-00-REG CRANE, NANCY P 0000027146-2019-2019-0000-00-REG JOHNSON, DONALD I 0000027799-2019-2019-0000-00-REG RAY JOHNSON CONSTRUCTION CO INC 0000058388-2019-2019-0000-00-REG WEST, GARY MAC PAGE 11 of 14 Operator ID (Name) 8/6/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 8/11/2018 CRYSTAL THOMAS 7/19/2019 MARGARET WRIGHT 7/19/2019 CRYSTAL THOMAS 7/19/2019 CRYSTAL THOMAS 7/19/2019 MARGARET WRIGHT 7/19/2019 MARGARET WRIGHT 7/19/2019 MARGARET WRIGHT 7/19/2019 MARGARET WRIGHT 7/19/2019 MARGARET WRIGHT 7/19/2019 KRISTY TAYLOR 7/19/2019 MARGARET WRIGHT -. 8/6/2019 1,202.41 8/7/2019 81.65 8/6/2019 1.59 8/12/2019 75.81 8/6/2019 140.00 8/16/2019 140.00 8/21/2019 324.50 8/21/2019 4,393.55 8/22/2019 590.33 8/22/2019 227.90 8/22/2019 512.27 8/5/2019 2,809.64 8/22/2019 849.15 Release Amount($) 1,202.41 7,843.69 5.81 5.81 1.59 1.59 70.00 70.00 70.00 70.00 3,010.00 3,290.00 590.33 227.90 512.27 2,809.64 849.15 -. 0.00 75.84 0.00 5.81 70.00 70.00 254.50 1,383.55 0.00 0.00 0.00 0.00 0.00 091619a HCBOC Page 23 Bill# Taxpayer Name Operator ID (Name} 0001705522-2019-2019-0000-00-REG JOHNSON, DONALD I 7/19/2019 MARGARET WRIGHT 0002252198-2019-2019-0000-00-REG MATIHEWS, ROBERT M 7/19/2019 AMY BAIN 0002261145-2019-2019-0000-00-REG COTIEN, JOHN TYLER 7/19/2019 CRYSTAL THOMAS 0002261844-2019-2019-0000-00-REG STONE, JONATHAN RAY 8/29/2019 CRYSTAL THOMAS 0002262245-2019-2019-0000-00-REG TREMBLY, ANNA BAKER 8/30/2019 MARGARET WRIGHT 0002263116-2019-2019-0000-00-REG THOMAS, LORALYN DIMURO 7/19/2019 CRYSTAL THOMAS 0002264312-2019-2019-0000-00-REG J & E JOHNSON FARMS INC 7/19/2019 SHERRY LOCKAMY 0002264540-2019-2019-0000-00-REG MARTINEZ, JUAN CARLOS ORTEGA 7/19/2019 AMY BAIN 0002264683-2019-2019-0000-00-REG FERGUSON, LOTTIE ROSE 7/19/2019 STEPHANIE WILSON 0002264984-2019-2019-0000-00-REG BELL, STEPHEN RAE 7/19/2019 AMY BAIN 0002266494-2019-2019-0000-00-REG BLUE, TYRONE ANTHONY 7/19/2019 AMY BAIN Subtotal RELEASE REASON: SMALL UNDERPAYMENT 0000000604-2019-2019-0000-00-REG NORTHPOINT LAKE CHARLES LLC 000000167 4-2019-2019-0000-00-REG MILES, CURTIS 0000003844-2019-2019-0000-00-REG BRITI AIN, KENNETH KIRKSEY 0000009148-2018-2018-0000-00-REG CAMPBELL, LOU IDA 0000014363-2019-2019-0000-00-REG DELGIUDICE, JOHN MICHAEL 0000030015-2019-2019-0000-00-REG LANDEN, ROBERT K 0000034209-2019-2019-0000-00-REG MCAULEY, VERNON C 0000037445-2011-2011-0000-00-REG FAIRCLOTH, JOHNNY R 0000043270-2019-2019-0000-00-REG PORTER, DANNY C 0000051433-2018-2018-0000-00-REG ALMEIDA, WENDER PAGE 12 of 14 7/19/2019 KARA DANIELS 7/19/2019 JANNA HIGDON 7/19/2019 LOCKBOX DPC 8/11/2018 YVONNE MCARTHUR 7/19/2019 JANNA HIGDON 7/19/2019 KARA DANIELS 7/19/2019 KARA DANIELS 8/5/2011 KIMBERLY BAKER 7/19/2019 KARA DANIELS 8/11/2018 KARA DANIELS 8/22/2019 8/28/2019 8/16/2019 8/29/2019 8/30/2019 8/6/2019 8/16/2019 8/1/2019 8/20/2019 8/26/2019 8/1/2019 8/23/2019 8/8/2019 8/26/2019 8/30/2019 8/23/2019 8/19/2019 8/9/2019 8/12/2019 8/13/2019 8/5/2019 -' 879.07 49.17 139.28 23.34 55.33 1,638.60 2,604.22 47.71 33.92 387.28 24.64 13,934.31 928.30 527.79 557.50 21.25 81.65 4.25 209.00 584.50 1,898.76 Release Amount($} 879.07 49.17 139.28 23.34 55.33 1,638.60 2,604.22 47.71 33.92 387.28 24.64 10,871.85 0.20 0.30 0.05 0.58 0.04 0.09 0.04 0.20 1.00 0.73 -0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 13,934.11 928.00 527.74 556.92 21.21 81.56 4.21 208.80 583.50 1,898.03 091619a HCBOC Page 24 Bill# Taxpayer Name 0000054423-2019-2019-0000-00-REG FRAZIER, ROBY J 0000058194-2019-2019-0000-00-REG WELLS, ROBERT T 0001403231-2019-2019-0000-00-REG CHANDLER, DAVID WAYNE 0001574625-2019-2019-0000-00-REG SNIPES, JOHN D 0001654956-2011-2011-0000-00-REG HOCKADAY, ELIZABETH H 0001665436-2010-2010-0000-00-REG MILLER, JESSIE LAVERN 0001763547-2010-2010-0000-00-REG CLARK, ROBERT JOSEPH 0001770383-2010-2010-0000-00-REG BUFFKIN, DAKOTA RENEE 0001770465-2010-2010-0000-00-REG FOREMAN, DAVID KEVIN 0001785468-2010-2010-0000-00-REG HEIDL, SEBASTIAN GUNTER 0001891176-2012-2012-0000-00-REG CREECH, TERESA ANN 0001897609-2011-2011-0000-00-REG CREECH, TERESA ANN 0002247886-2019-2019-0000-00-REG STEFANICK, JON 0002250893-2019-2019-0000-01-REG STRICKLAND, DORIS BAREFOOT 0002251793-2019-2019-0000-00-REG GREGORY, ETHAN HUNTER 0002263823-2019-2019-0000-00-REG FIRTHA, MICHAEL 0002265804-2019-2019-0000-00-REG JONES, HENRY HADEN Subtotal RELEASE REASON: Sold/Traded 0002261069-2019-2019-0000-00-REG MIERS, THOMAS R Subtotal RELEASE REASON: Value Increase 0000036024-2019-2019-0000-00-REG MCLEAN, DAVID VANN PAGE 13 of 14 Operator ID (Name) 7/19/2019 KIMBERLY 8/28/2019 BAKER 7/19/2019 KARA DANIELS 8/20/2019 7/19/2019 KIMBERLY 8/19/2019 BAKER 7/19/2019 KARA DANIELS 8/7/2019 8/5/2011 KARA DANIELS 8/20/2019 6/1/2010 KARA DANIELS 8/20/2019 6/1/2010 KIMBERLY 8/1/2019 BAKER 7/1/2010 KIMBERLY 8/5/2019 BAKER 7/1/2010 KARA DANIELS 8/21/2019 11/1/2010 KARA DANIELS 8/22/2019 9/4/2012 KARA DANIELS 8/19/2019 11/1/2011 KARA DANIELS 8/19/2019 7/19/2019 KIMBERLY 8/27/2019 BAKER 7/19/2019 JANNA HIGDON 8/8/2019 7/19/2019 KARA DANIELS 8/26/2019 7/19/2019 KARA DANIELS 8/19/2019 7/19/2019 KARA DANIELS 8/7/2019 8/15/2019 CRYSTAL THOMAS 7/19/2019 MARGARET WRIGHT 8/28/2019 8/2/2019 -. 250.94 1,449.59 121.32 192.78 113.57 5.44 44.60 27.05 63.76 6.52 5.41 27.83 2,536.34 32.77 19.18 93.48 101.07 34.28 343.71 I Release Amount($) 0.20 0.10 0.09 0.03 0.33 0.05 0.77 0.99 0.11 0.02 0.05 0.20 0.02 0.05 0.14 0.03 0.01 6.42 34.28 34.28 343.71 -250.74 1,449.49 121.23 192.75 113.24 5.39 43.83 26.06 63.65 6.50 5.36 27.63 2,536.32 32.72 19.04 93.45 101.06 0.00 0.00 091619a HCBOC Page 25 Bill# Taxpayer Name 0002258636-2019-2019-0000-00-REG HINES, JANICE LYNN Subtotal Total PAGE 14 of 14 Operator ID (Name) 7/19/2019 MARGARET WRIGHT 8/5/2019 -. 66.72 Release Amount($) 66.72 410.43 118,009.38 -. 0.00 091619a HCBOC Page 26 Agenda Item _4_._ ..... Q ___ _____; Harnett COUNTY N::-:-O~R~T~H--:C:"":'A"':'R-:-O--:LI~N~A------------------------------ RESOLUTION BE IT RESOLVED that the Hamett County Board of Commissioners does hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Cameron Woods Subdivision Longleaf Pine Way Pitch Pine Court Duly adopted this 161h day of September 2019. ATTEST: Margaret Regina Wheeler Clerk to the Board strong ro ots • new growth HARNETT COUNT Y BOARD OF COMMISSIONERS Gordon Springle, Chairman www.harnen .org 091619a HCBOC Page 27 -~sfifc;;;~ :&".,:;··. ·~ o\-0,}, ,,":il r:J,P..\ fl"" I i • ~'t, i ~ ·-y'l "r •. ~ r.i . ~; \;Jj /~,)~; ~~ ··~~~-- STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOP ER GO\ l:R:-.OR September 9, 2019 Mrs. Gina Wheeler Clerk Hamett County Board of Commissioners Post Office Box 759 Lillington , North Carolina 27546 Subject: Secondary Road Addition To Whom It May Concern: JAM ES H . TROGDON, Ill SI-CR[l ,\R\' This is in reference to a petition submitted to this office requesting street(s) in Hamett County be placed on the State's Secondary Road System . Please be advised that these street(s) have been investigated and our findings are that the below listed street(s) are eligible for addition to the State System . Cameron Woods Subdivision • Longleaf Pine Way • Pitch Pine Court It is our recommendation that the above named street(s) be placed on the State·s Secondary Road System. If you and your Board concur in our recommendation, please submit a resolution to this office. Sincerely, Janet James Engineering Technician \Jai/111g .·lddrc.,s. NC DFl'A IU~ll·'N'I Of I R,\NSPOH I A l I ON Dl \'ISION SIX / DI S f'R f('l 11\'0 l'OS I Ori IC!· BOX I I 50 l ·AYFTT F\'11 IF, N(' 28302 ]t'/,phOII<' (9 fll ) 364-0/..0f /·or. (9 10) 437-2529 C11.\/011wr Scrl'itc. I -877-368-49/,~ J.ou aiuu 60(1 SOlJ I IIER N A VENII F I AY l'l l'l·V II.Lf ·.NC28306 091619a HCBOC Page 28 091619a HCBOC Page 29 Board Meeting Agenda Item Agenda Item J./ £ MEETING DATE: September 16, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Thomas G. Parker v. Harnett County-Claim No. HRC0-001297 (FULL RELEASE OF ALL CLAIMS) REQUESTED BY: Christopher W. Appel, Senior County Staff Attorney REQUEST: Disclosure of Settlement Agreement pursuant to Section 143-218.11 (a)(3) of the North Carolina General Statutes. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: U :\Scan\agendaform 20 19 .do cx Page I of I 091619a HCBOC Page 30 Teague Campbell August 26, 2019 VIA E-MAIL Hu g h Ben nett York Risk Ser v i ces Group PO Bo x 183188 Columbus, OH 43218 Re: Thomas G. Parker v . Harnett County Dayle A. Flammia Partner Raleigh Office dfl am mi a@teaguecam p bell.com IC File No.: 15-046880 Claim No.: HRC0 -001297 Date of Injury: 8/29/2015 Our File No.: 167.170745 Dear Hugh: Attach ed please find a copy of the Order wh ich we received from the Industrial Commission approving th e clincher agreement w hich we previously subm itted in this case. Please note that out of the $165,000.00 settle m e nt amount, yo u are to deduct a n att orney's fee of $41,250.00. Please send both checks to Sa mu e l A. Scu d de r, Law Offi ce of Sam Scudder, P.O. Box 26, Morehead City, North Carolina 28557. The Tax ID Number for Sam Scudder is 56-1732697. Atta ched is a copy of their W-9. As a remind er, payment mu st be received within twenty-four (24) days from August 26, 2019 in orde r to avoid sanctions. Fina lly, wi th t he Comm iss i on's ap prova l of the agreement, a Form 28C ne eds to be filed. Should you have any questions about this, please do not h esitate to ca ll. Th ank yo u for referring thi s matter to us. Sin ce a ll matters have been concluded, we wi ll n ow c lo se our fil e and submit final billing . I enjoyed workin g w ith you, an d if you have any question s, p lease let m e know. Yours truly, Dayle A. Flammia DAF/dsr Attachm ents cc: Chris Appel (v i a e-mail w/attach ments) RALEI GH 4 700 falls of Neuse Road I Su,te 4 50 Raleigh. NC 27609 I T 919.873 0166 I F 919.873.1 8 14 www .t eagueca mpbell .com ASHEVILLE 22 Sout h Pack Square I Suite 800 Ash ev,lle. NC 28801 I T 828.254 451S I F 823 .254 4516 091619a HCBOC Page 31 NC Indu strial Comm 8/26/2019 1 :48 :5 8 PM PAGE 2/002 Fax Server NORTH CAROLINA INDUSTRIAL COMl\USSION I.C. No. 15-046880, THOMAS G. PARKER, Plaiotif~ v. Il4.RNETT COUNTY, Defendant- Ernploy er, and YORKRJSKSERVICES GROUP, Defeoclant-Aclmioistrator ORDERAFPROVING COJv.lPROJvllSE SETI1..EMENT AGREEMENT by Alexandra R . Hagerty, Special D eputy C omm issioner FIIBD: 08/26/19 A du ly ex ecuted compromise settlemeot agreement bas been submitted by the parties for the Commission's approval. Pl aint iff: Defendant: APFEAR ANCES Law Office ofSa..m Scudder, Morehead C ity, North Carolina ; Sam S cudder , Counsel of Record Ffu"'{: (252) 586 -2394 Teague, Campbell , De.on is & Gorham, ILP , Ral eigh , N ort h Carolioa; Dayle A. Flammia, Counsel ofR ecord FAX: (919) 873-1814 After giving due consideration to all matters involved in this case in accordance with Chapter 97, G .S. 97-17, and C onunission Ru les, and upon D efendants' stated or imp lied representation t hat a ll medical reports hav e been submit ted with the agreement to th e CoITLmission as requ ir ed by Rule 1 l NCAC 23A .502(b)(l ), the compromise settlem ent agreement is deemed by the Commissi on t o be fa ir and just, and in the best interests of all parties. Furthermore, the interests of all part ies and ofany person, including a h ealth b enefit pl an , who paid medical e.xpeoses o f the Flaintiff have been c onsidered, and it furt h er appears that the positi ons of the parties to t he agreement are reaso nable as to th e payment of medical e,"{peoses . The agreement is inco rporate d herein by reference and is approved in th e am ount of ONE HUNDRED SIXTY-FIVE TIIOUSAND AND 00 /100 DOILARS ($165,000.00). C ompliance with the terms of the agreem ent shall discharge D efendants from further liability under the Workers' Compensation A ct by reason o ftbe injury giving ri se to this c laim. An attorneys fee of $41 ,250.00 is approved for P laintiffs counsel of r eco rd. This amount shall be deducted fro m the sum due t o Plaintiff and paid directly to Plaintiffs cou nsel. It is to be noted, however, that this O rder does no t purpo rt to approve, reso lve or a ddress any issue or matter over which the Industrial Commission bas no jurisdiction, whether or not such issue or matt er is refecred t o in the compromise settlement agreeme.ot executed by the parti es in this action. Defendants shall file a F onn 28C Report upon rece[ptof thls Order. ~~~~-t;R . }Z,11rtr°-~?.r Alexandra Rose Hagerty Special D ep uty Commissioner 091619a HCBOC Page 32 Agenda Item J./ F A RESOLUTION TO ADOPT THE 2020 SCHEDULE OF MEETINGS HARNETT COUNTY BOARD OF COMMISSIONERS THAT WHEREAS , the Harnett County Board of Commissioners adopted on September 19 , 1994 certain Rules of Procedure by which the Board would conduct its meetings; and WHEREAS, Rule 6 of the Rules of Procedure concerning "Regular and Special Meetings" states that the Board s hall hold regular meetings the first Monday of eac h month at 9 a.m. and the third Monday of each month at 6 p.m. It also states if a regular meeting day is a holiday on which county offices are closed, the meeting shall be held on the next business and the Board may schedule regular work sessions. NOW, THEREFORE, BE IT RESOLVED , by the Board of Commissioners of Harnett County that the Board shall hold the following regular meetings and work sessions in 2020: Monday January 6 9:00 am Board Meeting Tuesday January 14 9:00 am Planning Retreat Tuesday January 21 6:00 pm Board Meeting Tuesday January 28 9:00 am Work Session Monday February 3 9:00 am Board Meeting Monday February 3 11:45am Legislative Luncheon Tuesday February 11 9:00 am Work Session Monday February 17 6:00 pm Board Meeting Tuesday February 25 9:00 am Work Session Monday March 2 9:00 am Board Meeting Tuesday March 10 9:00 am Work Session Monday March 16 6:00 pm Board Meeting Tuesday March 31 9:00 am Work Session Monday April 6 9:00 am Board Meeting Tuesday April 14 9:00am Work Session Monday April 20 6:00 pm Board Meeting Tuesday April 28 9:00 am Work Session Monday May4 9:00 am Board Meeting Tuesday May 12 9:00 am Work Se ssion Monday May 18 6:00 pm Board Meeting Budget Public Hearing Tuesday May26 9:00 am Work Session Monday June 1 9:00 am Board Meeting Tuesday June 9 9 :0 0 am Work Session Monday June 15 6 :00 pm Board Meeting Tuesday June 30 9 :00 am Work Session Monday July6 9:00 am Board Meeting Tuesday July 14 9:00 am Work Session Monday July 20 6:00 pm Board Meeting Tuesday July 28 9:00 am Work Session Monday August 3 9:00 am Board Meeting T uesday August 11 9:00 am Wo rk Session Monday August 17 6:00 pm Board Meeting Tuesday September I 9:00 am Work Session Tuesday September 8 9:00 am Board Meeting Tuesday September 15 9:00 am Work Session Monday September 21 6:00 pm Board Meeting Tuesday September 29 9:00 am Work Session Monday October 5 9:00 am Board Meeting Tuesday October 13 9:00 am Work Session Monday October 19 6:00 pm Board Meeting Tuesday October 27 9:00 am Work Session Monday November2 9:00 am Board Meeting Tuesday November 10 9:00 am Work Session Monday November 16 6 :00 pm Board Meeting Tuesday December I 9:00 am Work Session Monday December ? 9:00 am Board Meeting Tuesday December 15 9:00 am Work Session Adopted b y the Hamett County Boa rd of Commissioners in regular session , this 161h day of September 2019. HARNETT COUNTY BOARD OF COMMISSIONERS By: Gordon Springle, Chairman Attest: Margaret Regina Wheeler, Clerk 091619a HCBOC Page 33 Board Meeting Agenda Item Agenda Item L/ G- MEETING DATE : September 16, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: North Carolina Department of Transportation/Public Transportation Division (NCDOT/PTD) "Public Transportation Grant Agreement" 5311 FY2020 REQUESTED BY: Barry A. Blevins REQUEST: General Services Director, Harnett Area Rural Transit System (HARTS) requests the Harnett County Board of Commissioners consider and approve the North Carolina Department of Transportation (NCDOT) FY2020 5311 grant agreement in the amount of $279,619; total County match is $41,944. The grant provides funding for Administrative expenses associated with providing public transportation for the citizens of Harnett County. Approved Fiscal Year 2020 budget contains County match. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\apeele\AppData\Local\Microsoft\ Windows\INetCache\C ontent.Outlook\9GBZ l 9K9\agendafonn2019 (002).docx Page l of2 091619a HCBOC Page 34 NORTH CAROLINA DE PARTMENT OF TRANSPORTATION and COUNTY OF HARNETT PUBLIC TRANSPORTATION GRANT AGREEMENT FOR COMMUNITY TRANSPORTATION RURAL FORMULA GRANT PROGRAM Federal Award Identification Agreement Number: NCDOT Project Number: 20-CT-040 Approved Indirect Cost Rate: 12.25% FAIN Number(s): NC-2019-038-00 CFDA Number: 20.509 DUNS Number: 091565986 Total Amount of Award : $279,619 ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Federal Funded Programs: D 5303 Metropolitan Planning Grant D 5307 Urbanized Area Formula Grant D 5310 Enhanced Mobility of Seniors & Individuals with Disabilities Grant ~ 5311 Community Transportation Rural Formula Grant D 5311 Appalachian Development Transit Assistance Grant D 5311f Intercity Bus Grant D 5316 Job Access Reverse Commute Grant D 5317 New Freedom Grant D 5339 Bus and Bus Facility Grant NCDOT PTO Federal Ag reement Revised 12/28/201 8 Page 1 of 23 091619a HCBOC Page 35 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 grant recipient hereinafter referred to as the "Subrecipient" and together with Department as "Parties"). 1. Purpose of Agreement The purpose of this Agreement is to provide for the undertaking of nonurbanized and small urban public transportation services as described in the project application (hereinafter referred to as "Project") and to state the terms and conditions as to the manner in which the Project will be undertaken and completed . This Agreement contains the entire agreement between the parties and there are no understandings or agreements, verbal or otherwise, regarding this Agreement except as expressly set forth herein . This Agreement is solely for the benefit of the identified parties to the Agreement and is not intended to give any rights, claims, or benefits to third parties or to the public at large . 2. Availability of Funds All terms and conditions of this Agreement are dependent upon, and, subject to the allocation of funds for the purpose set forth in the Agreement and the Agreement shall automatically terminate if funds cease to be available . 3. Period of Performance This Agreement shall commence upon the date of execution with a period of performance for all expenditures that extends from July 1, 2019 to June 30, 2020 . 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 Subrecipient shall commence, carry on, and complete the approved Project in a sound, economical, and efficient manner. 4. Project Implementation a. Scope of Project. County of Harnett will use (5311) Administrative funds to provide public transportation services for the citizens in Harnett County. Expenses incurred to manage the cost of providing this service include but are not limited to -personnel related costs for four (4) full time office positions, contractual IT services, utilities, printing and reproduction, radio & newspaper ads, promotional items, legal advertising and employee training & education materials. b. The Subrecipient shall undertake and complete the project in accordance with the procedures, terms, and conditions herein and as included in the related NCDOT PTO Federal Agreement Revised 12/28/2018 Page 2 of 23 091619a HCBOC Page 36 grant application for financial assistance, the terms of which are incorporated by reference. c. Amendment. Any amendment to this Agreement shall be done in writing and in accordance with established policies and procedures and only by mutual consent of the Parties. 5 . Cost of Proiect/Proiect Budget The total cost of the Project approved by the Department is TWO HUNDRED SEVENTY-NINE THOUSAND SIX HUNDRED NINETEEN DOLLARS ($279,619) 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 Subrecipient 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) contribution. The net cost is the price paid minus any refunds, rebates, or other items of value received by the Subrecipient which have the effect of reducing the actual cost. Administration Administration Administration Administration Ad ministration WBS Total Federal (80%) State (5%) Local (15%) 36233.50.22.1 $279,619 $223,695 $13,980 $41,944 AQreement# Project Project Project Project Project Total Total Total Federal Total State Total Local $279,619 $223,695 $13,980 $41,944 6. Proiect Expenditures, Payments, and Reimbursement a. General. The Department, utilizing available state and federal funds, shall reimburse the Subrecipient for allowable costs for work performed under the terms of this Agreement. b. Reimbursement Procedures. The Subrecipient shall submit for reimbursement all eligible costs incurred within the agreement Period of Performance . i. Claims for reimbursement shall be made no more than monthly or less than quarterly, using the State's grant system , Enterprise Business Services (EBS) Partner Application . NCDOT PTD Federal Agreement Revised 12/28/2018 Page 3 of 23 091619a HCBOC Page 37 ii. All requests for reimbursement must be submitted within (30) days following the end of the project's reporting period. Any Subrecipient that fails to submit a request for reimbursement for the first two quarters of agreement f iscal year by January 31 or the last two quarters by July 31 will forfeit its ability to receive reimbursement for those periods. iii. All payments issued by the Department will be on a reimbursable basis unless the Subrecipient requests and the Department approves an advance payment. iv. Supporting documentation for proof of payment may be requested . c. Subrecipient Funds. Prior to reimbursement, the Subrecipient shall provide the Department with proof that the Subrecipient has met its proportionate share of project costs from sources other than FT A or the Department. Any costs for work not eligible for Federal and State participation shall be financed one hundred percent (100%) by the Subrecipient. d. Operating Expenditures. In order to assist in financing the operating costs of the project, the Department shall reimburse the Subrecipient for the lesser of the following when providing operating assistance : i. The balance of unrecovered operating expenditures after deducting all farebox revenue, or ii. The percentage specified in the Approved Project Budget of the allowable total operating expenditures which shall be determined by available funding . e. Travel Expenditures . The Subrecipient shall limit reimbursement for meals, lodging and travel to rates established by the State of North Carolina Travel Policy. Costs incurred by the Subrecipient in excess of these rates shall be borne by the Subrecipient. f. Allowable Costs. Expenditures made by the Subrecipient shall be reimbursed as allowable costs to the extent they meet all of the requirements set forth below. They must be : i. Consistent with the Project Description, plans, specifications, and Project Budget and all other provisions of this Agreement ii. Necessary in order to accomplish the Project iii. Reasonable in amount for the goods or services purchased NCDOT PTO Federal Agreement Revised 12/28/2018 Page 4 of 23 091619a HCBOC Page 38 iv. Actual net costs to the Subrecipient, i.e., the price paid minus any refunds ( eg, refundable sales and use taxes pursuant to NCGS 105- 164.14 ), rebates, or other items of value received by the Subrecipient that have the effect of reducing the cost actually incurred v . 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 vi. Satisfactorily documented vii. Treated uniformly and consistently under accounting principles and procedures approved or prescribed by the Department g. Excluded Costs. The Subrecipient understands and agrees that, except to the extent the Department determines otherwise in writing , the Department will exclude: i. Any Project cost incurred by the Subrecipient before the period of performance of the agreement, ii. Any cost that is not included in the latest Approved Project Budget, iii. Any cost for Project property or services received in connection with a third-party contract, sub-agreement, lease, or other arrangement that is required to be, but has not been, concurred in or approved in writing by the Department, and iv. Any cost ineligible for FTA participation as provided by applicable Federal or State laws, regulations, or directives. h. Final Allowability Determination. The subrecipient understands and agrees that payment to the subrecipient on any Project cost does not constitute the Federal or 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 subrecipient of the terms of this Agreement. The subrecipient acknowledges that the Federal or State Government will not make a final determination about the allowability and eligibility of any cost until an audit of the Project has been completed. If the Federal or State Government determines that the subrecipient is not entitled to receive any portion of the Federal or State assistance the subrecipient has requested or provided, the Department will notify the Subrecipient in writing, stating its reasons . The Subrecipient agrees that Project closeout will not alter the Subrecipient's responsibility to return any funds due the Federal or State Government as a result of later refunds, corrections, or other transactions; nor will Project closeout alter the Federal or State Government's right to disallow costs and recover funds on the basis of a later NCDOT PTO Federal Agreement Revised 12/28/2018 Page 5 of 23 091619a HCBOC Page 39 audit or other review . Unless prohibited by Federal or State law or r egulation, the Federal or State Government may recover any Federal or State assistance funds made available for the Project as necessary to sat isfy any outstanding monetary claims that the Federal or State Government may have against the Subrecipient. i . Federal or State Claims, Excess Payments. Disallowed Costs. Including Interest. i. Subrecipient's Responsibility to Pay. Upon notification to the Subrecipient that specific amounts are owed to the Federal or State Government, whether for excess payments of Federal or State assistance, disallowed costs, or funds recovered from third parties or elsewhere, the Subrecipient agrees to remit to the Department promptly the amounts owed , including applicable interest and any penalties and administrative charges within 60 days of notification . ii. Interest Paid to the Department. The Subrecipient agrees to remit to the Department interest owed as determined in accordance with NCGS § 147-86.23. iii. Interest and Fees Paid on Federal Funds . For amounts owed by the Subrecipient to the Federal Government, whether for excess payments of Federal assistance, disallowed costs, or funds recovered from third parties or elsewhere , the Subrecipient agrees to remit to the Federal Government promptly the amounts owed , including applicable interest, penalties and administrative charges as established by the Federal Transit Authority Master Agreement with NCDOT . j. De-obligation of Funds. The Subrecipient agrees that the Department may de- obligate unexpended Federal and State funds for grants that are inactive for six months or more. k. Project Closeout. Project closeout occurs when the Department issues the final project payment or acknowledges that the Subreci pient has remitted the proper refund. The Subrecipient agrees that Project closeout by the Department does not invalidate any continuing requirements imposed by this Agreement. 7. Accounting Records a. Establishment and Maintenance of Accounting Records . The Subrecipient 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 Project Budget and shall be reported to the Department in accordance with NCDOT Uniform Public Transportation Accounting System (UPTAS) guide. NCDOT PTO Fede ral Agreement Revised 12/28/2018 Page 6 of 23 091619a HCBOC Page 40 b. Documentation of Project Costs . All costs charged to the Project, including any approved services performed by the Subrecipient 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 . 8. Reporting, Record Reten ti on, and Access a. Progress Reports . The Subrecipient shall advise the Department, th r ough EBS , 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 Subrecipient 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. Reports shall include narrative and financial statements of sufficient substance to be in conformance with the reporting requirements of the Department. Progress reports throughout the useful life of the project equipment shall be used, in part, to document utilization of the project equipment. Failure to fully utilize the project equipment in the manner directed by the Department shall constitute a breach of contract, and after written notification by the Department, may result in termination of the Agreement or any such remedy as the Department deems appropriate . b. Failure to comply with grant reporting and compliance guidelines set forth in the NCDOT PTO State Management Plan could result in financial penalties up to and including loss of current and future grant funding . c. Record Retention. The Subrecipient and its third party subrecipients shall retain all records pertaining to this Project for a period of five (5) years from the date of final payment to the Subrecipient, or until all audit except ions have been resolved, whichever is longer. d. Project Closeout. The Subrecipient agrees that Project closeout does not alter the reporting and record retention requ i rements of this Agreement. e. State Auditor Oversight. The Subrecipient agrees to audit oversight by the Office of the State Auditor, to provide the Office of the State Aud itor with access to accounting records , and to make available any audit work papers in the possession of any auditor of the Subrecipient. f. Financial Reporting and Audit Requirements. In accordance with 09 NCAC 03M .0205, all reports shall be filed with the Department in the format and method specified by the agency no later than three (3) months after the end of the recipient's fiscal year, unless the same information is already required through more frequent reporting . Audit Reports must be provided to the funding agency no later than nine (9) months after the end of the recipient's fiscal year. NCDOT PTO Federal Agreement Re vised 12/28/2018 Page 7 of 23 091619a HCBOC Page 41 g. Parts Inventory. Financial audits must address parts inventory management. h. Third Party Loans. Within 30 days of receipt, the Subrecipient shall disclose to the Department any loans received from a local government entity or other entity not party to this agreement. i. Audit Costs . Unless prohibited by law, the costs of audits made in accordance with Title 2 CFR 200, Subpart F "Audit Requirements" 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." The cost of any audit not conducted in accordance with Title 2 CFR 200 and NCGS§ 159-34 is unallowable and shall not be charged to State or Federal grants. 9 . Compliance with Laws and Regulations a. No terms herein shall be construed in a manner that conflicts with the rules and regulations of the Department or with state or federal law. b. The Subrecipient agrees to comply with all applicable state and federal laws and regulations, including titles 09 NCAC 3M and 19A NCAC 58, as amended. 10. Conflicts of Interest Policy The subrecipient agrees to file with the Department a copy of the subrecipient's policy addressing conflicts of interest that may arise involving the subrecipient's management employees and the members of its board of directors or other governing body. The subrecipient's policy shall address situations in which any of these individuals may directly or indirectly benefit, except as the subrecipient's employees or members of its board or other governing body, from the subrecipient's disbursing of State funds, and shall include actions to be taken by the subrecipient or the individual, or both, to avoid conflicts of interest and the appearance of impropriety. The conflicts of interest policy shall be filed with the Department prior to the Department disbursing funds to the subrecipient. Prohibition on Bonus or Commission Payments The Subrecipient affirms that it has not paid and will not pay any bonus or commission to any party to obtain approval of its Federal or State assistance application for the Project. 11. Tax Compliance Certification The Subrecipient shall complete and submit to the Department a sworn written statement pursuant to NCGS 143C-6-23(c), stating that the Subrecipient does not have any overdue tax debts, as defined by GS 105-243.1, at the Federal, State, or local level. NCDOT PTO Federal Agreement Revised 12/28/2018 Page 8 of23 091619a HCBOC Page 42 The Subrecipient acknowledges that the written statement must be submitted to the Department prior to execution of this Agreement and disbursement of funds. The certification will be incorporated into this Agreement as Attachment B . 12. Assignment a. Unless otherwise authorized in writing by the Department, the Subrecipient shall not assign any portion of the work to be performed under this Agreement, or execute any contract, amendment, or change order thereto , or obligate itself in any manner with any third party with respect to its rights and responsibilities under this Agreement without the prior written concurrence of the Department. b. The Subrecipient agrees to incorporate the terms of this agreement and any applicable State or Federal requ irements into written third-party contracts, sub- agreements, and leases, and 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 determ ines otherwise in writing . 13. Hold Harmless. Except as prohibited or otherwise limited by law, the Subrecipient agrees to indemnify, save, and hold harmless the Department, the State of North Carolina and the United States of America 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 Subrecipient 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. 14. Real Property, Equ ipment. and Supplies. Federal or State Interest. The Subrecipient understands and agrees that the Federal or State Government retains an interest in any real property, equipment, and supplies financed with Federal or State assistance (Project property) until, and to the extent, that the Federal or State Government relinquishes its Federal or State interest in that Project property. NCDOT shall be informed and included in all ribbon cuttings/ dedications/ groundbreakings . With respect to any Project property financed with Federal or State assistance under this Agreement, the Subrecipient agrees to comply with the following provisions, except to the extent FTA or the Department determines otherwise in writing : a . Use of Project Property . The Subrecipient agrees to maintain continuing control of the use of Project property. The Subrecipient 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 Subrecipient NCDOT PTD Federal Agreement Revised 12/28/2018 Page 9 of 23 091619a HCBOC Page 43 unreasonably delay or fail to use Project property during the useful life of that property, the Subrecipient agrees that it may be required to return the entire amount of the Federal and State assistance expended on that property. The Subrecipient 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 Subrecipient has made in its Application or in the Project Description for th is Agreement for the Project. In turn , the Department shall be responsible for notifying FTA. b. Maintenance and Inspection of Vehicles . The Subrecipient shall maintain vehicles at a high level of cleanliness , safety, and mechanical soundness in accordance with the minimum maintenance requirements recommended by the manufacturer and comply with the Department's State Management Plan ("SMP"). The Subrecipient shall register all vehicle maintenance activities into the Department's Asset Management System (AssetWorks) or an electronic version of same. The Department shall conduct frequent inspections to confirm proper maintenance pursuant to this subsection and the SMP . The Subrecipient 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 Asset Management System (AssetWorks) and the Transit Asset Maintenance ("TAM") Plan. c . Maintenance and Inspection of Facilities and Equipment. The Subrecipient shall maintain any Project facility, including any and all equipment installed into or added on to the facility as part of the Project, in good operating order and at a high level of cleanliness, safety and mechanical soundness in accordance with good facility maintenance and upkeep practices and in accordance with the minimum maintenance requirements recommended by the manufacturer for all equipment installed in or added to the facility as part of the Project. Such maintenance shall be in compliance with applicable Federal and state regulations or directives that may be issued, except to the extent that the Department determines otherwise in writing . The Subrecipient shall document its maintenance program in a written plan . The Department shall conduct inspections as it deems necessary to confirm proper maintenance on the part of the Subrecipient pursuant to this subsection and SMP . Such inspections may or may not be scheduled ahead of time but will be conducted such that they shall not significantly interfere with the ongoing and necessary functions for which the Project was designed. The Subrecipient shall make every effort to accommodate such inspections by the Department in accordance with the Department's desired schedule for such inspections. d . The Subrecipient shall collect and submit to the Department at such time and in such manner as the Department may require information for the purpose of updating the TAM Plan Inventory and any and all other reports the Department deems necessary. The Subrecip ient 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 Subrecipient's maintenance of the facility in good operating order and at a high level of cleanliness, safety and mechanical soundness . NCDOT PTD Federal Agreement Revised 12/28/2018 Page 10 of 23 091619a HCBOC Page 44 e . Incidental Use. The Subrecipient agrees that any incidental use of Project property will not exceed that permitted under appli cable laws, regulations, and directives. f . Title to Vehicles. The Certificate of Title to all vehicles purchased under the Approved Budget for th is Project shall be in the name of the Subrecipient. 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 Subrecipient 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 within 30 days of request. g . Encumbrance of Project Property. The Subrecipient agrees to maintain satisfactory continuing control of Project property as follows : ( 1) Written Transactions. The Subrecipient 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 Subrecipient agrees that it will not obligate itself in any manner to any third party with respect to Project property. (3) Other Actions . The Subrecipient agrees that it will not take any action adversely affecting the Federal and State interest in or impair the Subrecipient's continuing control of the use of Project property. h. Alternative Use, Transfer, and Disposition of Project Property. The Subrecipient understands and agrees any alternative uses, transfers, or disposition of project property must be approved by the Department and done in accordance with Departmental procedures. i. Insurance Proceeds. If the Subrec ipient receives insurance proceeds as a result of damage or destruction to the Project property, the Subrecipient agrees to : (1) Apply those insurance proceeds to the cost of replacing the damaged or destroyed Project property taken out of service, or (2) Return to the Department an amount equal to the remaining Federal and State interest in the damaged or destroyed Project property. j . Misused or Damaged Project Property. If any damage to Project property results from abuse or misuse occurring with the Subrecipient 's knowledge and consent , the Subrecipient agrees to restore the Project property to its original condition or NCDOT PTO Federa l Agreement Revised 12/28/2018 Page 11 of 23 091619a HCBOC Page 45 refund the value of the Federal and State interest in that property, as the Department may require. k. Responsibilities after Project Closeout. The Subrecipient agrees that Project closeout by the Department will not change the Subrecipient's Project property management responsibilities, 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. 15. Insurance The Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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. 16. Termination a. Either party may terminate the Agreement by providing 60 days written notice to the other party, or as otherwise permitted by law. b. Should the Subrecipient terminate the Agreement without the concurrence of the Department, the Subrecipient shall reimburse the Department one hundred percent ( 100%) of all costs expended by the Department and associated with the work. 17. Additional Repayment Requirements and Remedies a. The repayment requirements and remedies addressed in this Paragraph are in addition to those repayment requirements and other remedies set forth elsewhere in this Agreement, including the requirements to repay unspent funds. No remedy conferred or reserved by or to the Department is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy provided for in this Agreement, or now or hereinafter existing at law, in equity, or by statute, and any such right or power may be exercised from time to time and as often as may be deemed expedient. b. If there is a breach of any of the requirements, covenants or agreements in this Agreement (including, without limitation, any reporting requirements), or if there NCDOT PTO Federal Agreement Re vised 12/28/2018 Page 12 of 23 091619a HCBOC Page 46 are any representations or warranties which are untrue as to a material fact in this Agreement or in relation to the Project (including the performance thereof), the Subrecipient agrees that the Department may require repayment from the Subrecipient of an amount of funds to be determined in the Department's sole discretion but not to exceed the amount of funds the Subrecipient has already rece ived under this Agreement. 18. Civil Rights and Equal Opportunity Under this Agreement , the Subrecipient shall at all times comply with the requirements included as part of this agreement in the Federal Terms and Conditions . 19.Choice of Law and Venue This agreement is to be interpreted according to the laws of the State of North Carolina. The Parties hereby agree that the proper venue for any claims filed as a result of this Agreement shall be the Superior Court of Wake County, North Carolina. 20. Severability If any provision of the FT A Master Agreement or this Agreement for the Project is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable Federal or State laws or regulations . 21. Incorporated Terms and Conditions In addition to the Terms and Conditions contained in this agreement and the terms and conditions included in the grant application , which are hereby incorporated by reference, additional terms and conditions incorporated by reference into this agreement are checked below. ~ Federal Terms and Conditions, Attached NCDOT PTO Federal Agreement Revised 12/28/2018 Page 13 of23 091619a HCBOC Page 47 22. Federal Terms and Conditions State Management Plan . The State Management Plan for Federal and State Transportation Programs and any subsequent amendments or revisions thereto , are herewith incorporated by reference, and are on file with and approved by the Department. Nothing shall be construed under the terms of this Agreement by the Department or the Subrecipient that shall cause any conflict with Department, State , or Federal statutes, rules, o r regulations. Allowable Costs. Eligible costs are those costs attributable to and allowed under the FTA program and the provisions of 2 CFR Parts 200 and 1201, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." No Federal Government Obligations to Third Parties . The Subrecipient acknowledges and agrees that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Agreement , absent the express written consent by the Federal Government, the Federal Government is not a party to this Agreement and shall not be subject to any obligations or liabilities to the Subrecipient or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Agreement. The Subrecipient agrees to include the above clause in each contract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Program Fraud and False or Fraudulent Statements or Related Acts. The Subrecipient acknowledges that the provis ions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC§ 3801 et seq. and U.S . DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31. apply to its actions pertaining to this project. Upon execution of the underlying Agreement, the Subrecipient certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying Agreement or the FTA assisted project for which this Agreement work is being performed. In addition to other penalties that may be applicable, the Subrecipient further acknowledges that if it makes, or causes to be made , a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Subrecipient to the extent the Federal Government deems appropriate. The Subrecipient a lso acknowledges that if it makes, or causes to be made, a false , fictitious, or fraudulent claim , statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 USC chapter 53, the Government reserves the ri ght to impose the penalties of 18 USC § 1001 and 49 USC§ 5323(1) on the Subrecipient, to the extent the Federal Government deems appropriate. NCDOT PTO Federal Agreement Revised 12/28/2018 Page 14 of 23 091619a HCBOC Page 48 The Subrecipient agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FT A. It is further agreed that the clauses shall not be modified , except to identify the subcontractor who will be subject to the provisions . Access to Records and Reports. a. Record Retention. The Subrecipient will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the Agreement, including , but not limited to , data, documents , reports, statistics, sub- agreements, leases , subcontracts , arrangements, other third -party agreements of any type , and supporting materials related to those records . c. Access to Records . The Subrecipient agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this Agreement as reasonably may be required. d . Access to the Sites of Performance . The Subrecipient agrees to permit FTA and its contractors access to the sites of performance under this Agreement as reasonably may be required. Federal Changes . The Subrecipient agrees to comply with all applicable federal requirements and federal guidance . All the standards or limits in cluded in this agreement are minimum requirements . The federal requirements and guidance that applied at the time of the award this Agreement may be modified from time to time , and the modifications will apply to the Subrecipient. Civil Rights and Equal Opportunity . Under this Agreement, the Subrecipient shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. 1 . Nondiscrimination . In accordance with Federal transit law at 49 USC § 5332 , the Subrecipient agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin , sex, disability, or age. In addition, the Subrecipient agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue . 2 . Race. Color. Religion. National Origin. Sex. In accordance with Title VII of the Civil Rights Act, as amended , 42 USC§ 2000e et seq ., and Federal trans it laws at 49 USC§ 5332, the Subrecipient agrees to comply with all applicable equal employment opportunity requirements of U.S . Department of Labor (U.S . DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 CFR chapter 60, and Executive Order No . 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 USC § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 USC § 2000e note . The Subrecipient agrees to take affirmative action to ensure that app li cants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (includ i ng sexual orientation and gender identity). Such NCDOT PTO Federal Agreement Revised 12/28/2018 Page 15 of 23 091619a HCBOC Page 49 action shall include, but not be limited to, the following : employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination ; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Subrecipient agrees to comply with any implementing requirements FTA may issue . 3. Age. In accordance with the Age Discrimination in Employment Act, 29 USC §§ 621634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 CFR part 1625, the Age Discrimination Act of 1975, as amended, 42 USC§ 6101 et seq ., U.S . Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 CFR part 90, and Federal transit law at 49 USC § 5332, the Subrecipient agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Subrecipient agrees to comply with any implementing requirements FT A may issue. 4. Disabilities . In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794, the Americans with Disabilities Act of 1990, as amended, 42 USC§ 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 USC§ 4151 et seq., and Federal transit law at 49 USC§ 5332, the Subrecipient agrees that it will not discriminate against individuals on the basis of disability. In addition, the Subrecipient agrees to comply with any implementing requirements FTA may issue. Disadvantaged Business Enterprises. 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 Subrecipient is also encouraged to give every opportunity to allow DBE participation in Supplemental Agreements. The Subrecipient, 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 Subrecipient shall comply with applicable requirements of 49 CFR Part 26 in the award and administration of federally assisted contracts. Failure by the Subrecipient to comply with these requirements is a material breach of this contract, which will result in the termination of th is contract or such other remedy, as the Department deems necessary. When payments are made to Disadvantaged Business Enterprise (DBE) Subrecipients, including material suppliers, Subrecipients at all levels (Subrecipient, Subconsultant or Subrecipient) shall provide the Contract Administrator with an accounting of said payments. The accounting shall be listed on the Department's Subrecipient Payment Information Form (Form DBE-IS). In the event the Subrecipient has no DBE participation, the Subrecipient shall indicate this on the Form DBE-IS by entering the word 'None' or the number 'zero' and the form shall be signed . Form DBE-IS may be accessed on the website at: https://apps.dot.state.nc.us/quickfind/forms/Default.aspx. A responsible fiscal officer of the payee Subrecipient, subconsultant or Sub recipient who can attest to the date and amounts of the payments shall certify that the accounting is NCDOT PTO Federal Agreement Revised 12/28/2018 Page 16 of23 091619a HCBOC Page 50 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. Prompt payment provisions. When a subcontractor has performed in accordance with the provisions of his contract, the contractor shall pay to his subcontractor and each subcontractor shall pay to his subcontractor, within seven days of receipt by the contractor or subcontractor of each periodic or final payment, the full amount received for such subcontractor's work and materials based on work completed or service provided under the subcontract NCGS §22C-1 . Incorporation of FTA Terms . Provisions of this Agreement include, in part, certain standard terms and conditions required by the U.S . DOT. All contractual provisions required by the U.S . DOT, as set forth in FTA Circular 4220.1, as amended, are incorporated by reference. Anything to the contrary herein notwithstanding, all FTA- mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Subrecipient shall not perform any act, fail to perform any act, or refuse to comply with any Department request, which would cause the Department to be in violation of FT A terms and conditions, as referenced in the current FTA Master Agreement shall prevail and be the instrument governing the receipt of Federal assistance from the Federal Transit Administration. Energy Conservation. The Subrecipient agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Debarment. Suspension, Ineligibility and Voluntary Exclusion. The Subrecipient shall comply and facilitate compliance with U.S . DOT regulations, "Non-procurement Suspension and Debarment," 2 CFR part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S . 0MB) "Guidelines to Agencies on Government- wide Debarment and Suspension (Non-procurement)," 2 CFR part 180. As such, the Subrecipient shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded Agreement and are not presently declared by any Federal department or agency to be: a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award ; c) Proposed for debarment from participation in any federally assisted Award ; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally ass isted Award ; or f) Disqualified from participation in ay federally assisted Award. By signing and submitting this Agreement, Subrecipient certifies as follows: NCDOT PTO Federal Agreement Revised 12/28/2018 Page 17 of23 091619a HCBOC Page 51 T he certification in this clause is a material representation of fact relied upon by the Department. If it is later determined by the Department that the Subrecipient knowingly rendered an erroneous certification, in add ition to remedies available to the Department, the Federal Government may pursue available remedies, including but not limited to suspension and/o r debarment. The Subrecipient agrees to comply w ith the requirements of 2 CFR part 180, subpart C, as supplemented by 2 CFR part 1200, throughout the period of this Agreement. The Subrec i pient further agrees to include a provision requiring such compliance in its lower tier covered transactions. These provisions apply to each contract at any tier of $25 ,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. Lobbying Restrictions . The Subrecipient agrees that neither it nor any third-party participant will use federal assistance to influence any officer or employee of a federal agency, member of Congress or an employee of a member of Congress, or officer or employee of Congress on matters that involve this agreement, including any extension or modification, according to the following: ( 1) Laws, Regulations, Requirements, and Guidance. This includes : (a) The Byrd Anti -Lobbying Amendment, 31 USC§ 1352, as amended , (b) U.S. DOT regulations , "New Restrictions on Lobbying," 49 CFR part 20 , to the extent consistent with 31 USC§ 1352, as amended, and (c) Other applicable federal laws, regulations, requirements, and guidance prohibiting the use of federal assistance for any activity concerning leg islation or appropriations designed to influence the U.S. Congress or a state legislature, and (2) Exception. If permitted by applicable federal law, regulations, requirements, or guidance, such lobbying activities described above may be undertaken through the subrecipient's proper official channels. The Subrecipient agrees to subm it a signed and dated Certification on Lobbying that appears in the attachment. Clean Air Act and Federal Water Pollution Control Act. The Subrecipient agrees: 1) It will not use any vio lating facilities ; 2) It will report the use of facilities placed on or likely to be placed on the U.S . EPA "List of Violating Facilities ;" 3) It will report violations of use of prohibited facilities to FTA; and 4) It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 USC §§ 7401 -7671q); and the Federal Water Pollution Control Act as amended, (33 USC§§ 1251 -1387). NCDOT PTO Federal Agreement Revised 12/28/2018 Page 18 of 23 091619a HCBOC Page 52 Public Transportation Employee Protective Arrangements. The Subrecipient agrees to comply with the following employee protective arrangements of 49 USC § 5333(b ): 1. Sections 5307 and 5339. Under th is Agreement or any Amendments thereto that involve public transportation operations that are supported with 49 USC § 5307 or 49 USC§ 5339 federal assistance , a certification issued by U.S . DOL is a condition of the Contract. 2 . Section 5311 . When the Ag reement involves public transportation operations and is supported with federal assistance appropriated or made available for 49 USC § 5311 , U.S. DOL will provide a Special Warranty fo r its Award . The U .S. DOL Special Warranty is a condition of the Agreement. 3. Section 5310 . The conditions of 49 USC § 5333(b) do not apply to Subrecipients providing public transportation operations pursuant to 49 USC§ 5310 . FTA reserves the right to make case-by-case determinations of the applicability of 49 USC § 5333(b) for all transfers of funding authorized under title 23, United States Code (flex funds), and make other exceptions as it deems appropriate , and, in those instances, any special arrangements required by FTA will be incorporated herein as required . Charter Service. The Subrecipient agrees to comply with 49 USC 5323(d), 5323(r), and 49 CFR part 604, which provides that recipients and subrecipients of FT A assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under: 1. Federal transit laws, specifically 49 USC § 5323( d); 2. FTA regulations , "Charter Service," 49 CFR part 604 ; 3. Any other federal Charter Service regulations ; or 4 . Federal guidance, except as FTA determines otherwise in writing. The Subrecipient agrees that if it engages in a pattern of violations of FTA's Charter Service regulations, FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include : 1. Barring it or any subcontractor operating pub lic transportation under its Award that has provided prohibited charter service from receiving federal assistance from FT A ; 2. Withho lding an amount of federa l assistance as provided by Appendix D to part 604 of FTA's Charter Service regulations ; or 3. Any other appropriate remedy that may apply. The Subrecipient should a l so include the substance of this clause in each subcon tract that may involve operating public transit services . NCDOT PTO Federal Agreement Revised 12/28/2018 Page 19 of 23 091619a HCBOC Page 53 School Bus Operations . The Subrecipient agrees to comply with 49 USC 5323(f), and 49 CFR part 605, and not engage in sch6ol bus operations using federally funded equipment or facil iti es in compet ition with private operators of school buses , except as permitted under: 1. Federal transit laws, specifi cally 49 USC § 5323(f); 2 . FTA regulations , "Schoo l Bus Operations ," 49 CFR part 605 ; 3 . Any other Federal School Bus regulations ; or 4. Federal guidance , except as FTA determines otherwise in writing . If Subrecipient violates this School Bus Agreement, FTA may: 1. Bar the Subrecipient from receiving Federal assistance for public transportation; or 2. Require the Subrecipient to take such remedial measures as FTA conside rs appropriate. When operating exclusive school bus service under an allowable exemption, the contractor may not use federally funded equipment, vehicles , or facilities. The Subrecipient shall include the substance of th is clause in each subcontract or purchase under this contract that may operate public transportation services. Substance Abuse Requirements (Recipients of Sections 5307, 5311, and 5339 funds Q.DM. The Subrecipient agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR parts 40 and 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations or the Department to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR part 655 and review the testing process . The Subrecipient agrees further to submit the Drug and Alcohol Management Information System (DAMIS) reports before February 15 to NCDOT Public Transportation Compliance Office or its designee. 23. Contract Administrators . ~II notices perm itted 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 initia l Contract Administrators are set out below. Either Party may change the name, postal address, st reet address, telephone number, fax number, or ema il address of its Contract Administrator by giving timely written notice to the other Party. NCDOT PTO Federal Agreement Revised 12/28/2018 Page 20 of23 091619a HCBOC Page 54 For the Department: Name : Title: Agency: Email: MSC : Myra Freeman Financial Manager NCDOT/PTD Msfreeman1@ncdot.gov 1550 Mail Service Center -Raleigh, NC 27699-1550 Physical Address: 1 S . Wilmington St, Rm 542 , Transportation Building, Raleigh, NC 27601 Phone : 919-707-4672 Fax: 919-733-2304 For the Subrecipient: Name : Title: ])ir-ec±or of Gte.ne.roJ Seru ic.e.s Agency: i\ /\ _ ~ -r: , C::::::.... na.,n-e.-++-Ht:ec,..... +"Lu.ra. \. ~ o.o s, + ~ I ste~ Address: c\ · ~50 R\~n. e,'Dc L\ \\\"'-~-ton t0~ a=z'f:?t..tlo Email: b 'o \-eu ·\nS @ harn-e_t+ .() f g Phone : q IO -<3q 3-/'5 3l£> NCDOT PTO Federal Agreement Revised 12/28/2018 Page 21 of 23 091619a HCBOC Page 55 IN WITNESS WHEREOF, this Agreement has been executed by the Department, an agency of the State of North Carolina , and the Subrecipient by and through a duly authorized representative and is effective the date and year first above written . SUBRECIPIENT'S FEDERAL TAX ID NUMBER: SUBRECI PIENT'S FISCAL YEAR END : BY: TITLE: ATTEST: TITLE: BY: COUNTY OF HARNETT 5(o -Lo0D030 l0 JUNE 30, 2020 .... . . . . . . . TITLE : DEPUTY SECRETARY FOR ATTEST: TITLE: NCDOT PTO Federal Agreement Revised 12/28/2018 MUL Tl-MODAL TRANSPORTATION Page 22 of23 :c en m-:n" mz 091619a HCBOC Page 56 Attachment Certification Regarding Lobbying The Subrecipient 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, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The Subrecipient 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. . .•.... Subrecipient's Authorized Representative : ------------- . . . . . . . . . . . . . . . . . . . . J ~ • • • • • • + •••• . . .. " . . . .. • I a a I t e z en m- ::D c:, m Title: Chci, r (Y)Qn o+ ~£, &:ard of CDmmiSt>\O ~/s :·'.·'. .___~ Date: NCDOT PTO Federal Agreement Revised 12/28/2018 Page 23 of23 091619a HCBOC Page 57 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER GOVERNOR Mr. C. Gordon Springle, Chairman County of Harnett Post Office Box 759 Lillington, North Carolina 27546-0759 August 16, 2019 RE: FYI 8 Community Transportation Program (Section 5311) Project No. 20-CT-040 WBS Element No(s). 36233.50.21.l Agreement No.(s) TBD Period of Performance: 7/1/19-6/30/20 Dear Mr. Springle: JAMES H . TROGDON, III SECRETARY On February 7, 2019, the Board of Transportation approved your organization's request for an FY20 Community Transportation Grant in the amount of $279,619 . The agreement to be executed between County of Harnett and NCDOT is enclosed. The individual 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 6b 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. JC\mf Attachments Mailing Address: NC DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION 1550 MAIL SERVICE CENTER RALE IGH , NC 27699-1 550 Sincerely, , ~,e._-(~)---C-c~- JoHanna Cockburn, AICP Interim Director Telephone: (9 19) 707-4670 Fax: (919) 733-1391 Customer Service: 1-877-368-4968 Website : www.ncdot.gov location: 1 SOUTH Wll,MlNGTON STREET RALEIGH , NC 27601 091619a HCBOC Page 58 APPENDIX A NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION PROJECT NUMBER: 20-CT-040 APPROVED BUDGET SUMMARY EFFECTIVE DATE 7/1/2019 PROJECT SPONSOR: COUNTY OF HARNETT PROJECT DESCRIPTION : FY2020 COMMUNITY TRANSPORTATION PROGRAM I. TOTAL PROJECT EX PENDITURES DEPARTMENT -4521 ADMINISTRATION -36233.50.21 .1 PERIOD OF PERFORMANCE JULY 01 , 2019 -JUNE 30, 2020 II . TOTAL PROJECT FUNDING ADMINISTRATION - AGREEMENT# TOTAL 36233.50.21 .1 TOTAL 100% $279,619 $279 ,619 FEDERAL 80% $223,695 $223,695 STATE 5% $13,980 $13,980 $279 ,619 LOCAL 15% $41,944 $41 ,944 091619a HCBOC Page 59 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION APPROVED PROJECT BUDGET PROJECT: 20-CT-040 SPONSOR: COUNTY OF HARNETT WBS: 36233 .50 .21.1 DEPARTMENT 4521 -ADMINISTRATION APPROVED TITLE -OBJECT BUDGET G121 SALARIES AND WAGES -FULL TIME $124 ,628 G127 SALARIES AND WAGES-LONGEVITY $563 G181 Social Sec. Contrib . $9,577 G182 Retirement Contrib. $12 ,219 G183 Hosp. Ins. Contrib. $37 ,702 G185 Unemp. Comp. Contrib $626 G186 Workers Comp Cont. $4,215 G197 Drug & Alcohol Test $2,000 G212 Uniforms $6,301 G261 Office Sup & Mat. $3,000 G311 Travel $2,500 G312 Travel Subsis. $2 ,000 G321 Telephone Service $2 ,000 G325 Postage $300 G331 Electricity $4,500 G3 33 Natural Gas $2,000 G334 Water $800 G335 Sewer $700 G341 Printing & Reprod $1,000 G357 Rep & Maint-Commun. $5,100 G371 Mrktng .Paid Adv $5,509 G372 Promotional Items $1,377 G391 Legal Advertising $600 G395 Training-Employ Edu . $3,500 G431 Lease Reproduct Eq $1 ,000 G433 Lease Communicate Eq $10,200 G439 Lease Other Equip $100 G452 Insurance-Vehicles $16,955 G481 Central Services $17 ,847 G491 Dues and Subscript $800 TOTAL ADMINSTRATION $279,619 App roved Admin Bud get Page 2 of 3 091619a HCBOC Page 60 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION APPROVED PROJECT BUDGET SALARY AND WAGE DETAIL PROJECT: 20-CT-040 SPONSOR: COUNTY OF HARNETT SQNO ·-----------------· 01 02 03 04 POSITION NO % ·-----------------------------t5F:"F5'1':-~5:l1 ())3-Jl:~1'-C!"C>C>E.i'i'i-·-----· TRANSIT SER. MANAGER 01 100% TRANSIT SER. ASST 01 100% ADMIN SUPP. SPECIALIST 01 100% PROCESSING ASST. 111 01 100% T()TAL-OBJECT CODE 121 DEPT. 4521 OBJECT C()C>E 125 TOTAL-OBJECT CODE 125 DEPT. 4521 OBJECT C()C>E 126 TOTAL-()BJECT CODE 126 TOTAL DEPT. 4521 SALARIES AND WAGES Approved Salary and Wage Detail FTE RATE ·---------------- $ 29,051 $ 29,506 $ 37,970 $ 28,101 BUDGET ·-------------------· $ 29 ,051 $ 29,506 $ 37 ,970 $ 28,101 $ 124,628 $ 124,628 3 of 3 091619a HCBOC Page 61 PUBLIC TRANSPORTATION PROGRAM RESOLUTI.ON FY 2020 RESOLUTION Section 5311 (Including ADTAP), 5310, 5339, 5307 and applicable State funding, or combination thereof. Applicant seeking permission to apply for Public Transportation Program funding , enter into agreement with the North Carolina Department of Transportation, provide the necessary assurances and the required local match . A motion was made bylOPt!!\i,5:S;"nec AJ?,e. flmeNfiind seconded byCo.,.,.,,,·ssicbec Ho.wa.d&nytortne adoption of the following resolution. and upon being put to a vote was duly adopted. WHEREAS. Article 28 of Chapter 136 of the North Carolina General Statutes and the Govern~r of North Carolina have designated the North Carolina Department of Transportation (NCOOT} as the agency responsible for administering federal and state public transportation funds; and WHEREAS. the North Carolina Department. of Transportation will apply for a grant from the US Department of Transportation , Federal Transit Administration and receives funds from the North Carolina General Assembly to provide assistance for rural public transportation projeots; and WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencres for the provision of rural small urbant and urban public trahsportation services consistent with the policy requirements of each funding source for planning; community and agency involvement, service design, service att:ernatives . training -and conference participation, reporting and other requirements (drug and alcohol testing policy and program , disadvantaged busines·s enterprise program, and 'fully allocated costs analysis); and WHEREAS, the funds applied for may be Administrative , Operating, Planning, or Capital funds and will have different per~ntages of federal, state, and local funds . WHEREAS , non-Community Transportation applicants may apply for funding for "purchase-of-service· projects under the Capital budget Section 5310 program. WHEREAS, County of Hamett hereby assures and certifies that it will provide the required focaJ matching funds; that its staff has the technical capacity to implement and mMage the pro)ect(s), prepare required reports, obtain required training, attend meetings and conference$; and agrees to comply with the federal and state statutes, reguJations , executive orders, Section 5333 (b) Warranty., iind all administrative requirements related to the applications made to and grants received from the FMeFal Transit Administration, as well as the provisions of Sectio"n 1001 of Title 18, u. S . C. WHEREAS, the applicant has or w ill provide all annual certifications and assurances to the State of North Carolina required for the project; Revised 04-26-I 8 091619a HCBOC Page 62 NOW, THEREFORE , be it resolved that the Chairman of Harnett County Board of Commissioners is hereby au thorized to submit grant application (s) fo r federal and state funding in response to NCDOT's calls for proj~ts, make the necessary assurances and certif,cations and be empowered to enter into an agreement with the NCOOT to provide ru ral . small urban , and urban public transpo rt ation services . *"' The approved resofutfon allows the Authorized Representative to receive, sign, and re.tum the contract(s) for the grant(s) applied for without the contract(s) resubmitted to the applicants Board for review. I Margaret Regina Wheeler, Clerk to the Board of Commissioners do hereby certify that the above is a tr ue and correct copy of an excerpt from the minutes of a meeting of the Harnett County ,Board of Commissioners duly held on the 15th day-of October, 2018. II ·' ·i • Note that the authorized official, certifying official, and notary public should be three separate im:lfviduals. •"h"""'•'••H •••••••••••••••••••••"••••"••-O ••ol-••o,,., .. ,.H,,,A,o••••..,-•,,•, .. v.,,.,,, • o.~ ..... , ,.,,, ,•, ,,.,,.,,,"' ,, •••···-· •••• ,o,•, l<C• •• ,,. -·· ••-•••, • h • ,.., ••, 1 0 , ,-,,,,~, ,,,, u••• ••• 2 Revised 04-26-18 091619a HCBOC Page 63 LOCAL SHARE CERTIFICATION FOR FUNDING COUNTY OF HARNETI Requested Funding Amounts Project Administrative 5311 Operating (No State Match) 5310 Operating (No State Match) 5307 Operating 5307 Plann·ing Capital Mobility Management Total Amount $279,620 $ $ $ __ $_ $174,000 $_ $ $ $ __ $ Local Share $41,943 (15%) $_(50%) $_(50%) $ __ (50%) $ __ (20%) $17,400 (10%) $ __ . (1-0%) $_(_%) $ __ L%) $ __ L%) $_L%.) Funding programs covered ara 6311 , 5310, 5339 Bus and Bus Facilnies, 5307 (Small fixed route , regional, and cqnsolldated urban-rural systems) TOTAL $ 453.620 Total Funding Requests The Local Share is available from the following sources: Source of Funds General Fund$ TOTAL Grant Applied To $59,343 Total Local Share Amount $59,343 $ __ $ $ $ __ $_ $ __ $ __ $59,343 ""* Fare box revenue is not -an applicable source for local share funding 091619a HCBOC Page 64 FY 2020 local Share Certificate {page 2) I, the undersigned repre·senting County of Hamett do hereby certify to the North Carolina Department of Transportation , that the required local funds for the FY2020 Community T ransportation Program and 5307 Governors Apporti onment witt be available as of July 1, i k~. . _:(L 201/1'ich ~ perfonnance of July 1, 2019 -June 30, 2020 . Si~ure of Athed tciaf Gordon Springle, Chairman. Hamett County Board of Commissioners Type N"ame and Title of Authorized Official /o-/5-l'l Date 091619a HCBOC Page 65 PROGRAM SUMMARY S HEET REQUIREMENTS 5311 Rural Formula ~;.;1;,,.~. ('tfl'; . ":;,'> NORTH CAROLINA ~1~· {f Department of Transportation FEDERAL Administration, Operating, Capital, Planning -~ • y I -~-------.. ----.. -• This guidance for all subrecipients receiving capital, administration , and operating PRINCIPLE assistance to support public transportation in rural areas (areas with populations of less than 50 ,000). To be eligible, transit providers must have a signed resolution from the County Commissioners of each county served, designating them as the 5311 recipient in their jurisdiction in order to be eligible to apply for funds . Starting in FY 2018, these resolutions ELIGIBLE are updated on a 5-year basis . The resolution is part of the grant application process . SUBRECIPIENTS North Carolina's coordinated approach to service delivery allows a single applicant within each designated service area . General public transportation activities in rural North Carolina (areas outside urbanized area boundaries) are the focus of this funding. The goal of Section 5311 program is to enhance the overall mobility of people living in rural areas, therefore, projects may include transportation to or from rural areas. Service must be open and promoted to the general ELIGIBLE SERVICE public , however, a rural transit provider may design its Section 5311 funded services to maximize use by members of the general public who are transportation-disadvantaged. and SERVICE AREA Transportation disadvantaged people include seniors, people with disabilities, and low- income individuals. Providers receiving both 5311 and 5307 funds must have a method of allocating costs between the two programs . PTD suggests Subrecipients have sufficient funds to operate and maintain the NCDOT FINANCIAL funded program for at least three months without incoming revenue from grants. CAPACITY Subrecipients must have fiscal control and accounting procedures sufficient to permit the and MANAGEMENT tracking and reporting of grant funds . Any funds borrowed from a parent organization or governmental organization must be reported to NCDOT within 15 days. Subrecipients that expend more than $500 ,000 in federal funds from all sources (including AUDIT REPORTS federal funds provided through NCDOT) in a year must submit the annual single audit and FINANCIAL required by 09 NCAC 03M and evidence of resolution of findings related to the transit STATEMENTS program to NCDOT. The value of a bus or van purchased must be considered when determining whether a Subrecipient meets the threshold for a single audit. Subrecipients will title the equipment and NCDOT Public Transportation Division be named VEHIC LE TITLES first lien holder. When the project equipment has been replaced , NCDOT will release the lien. Useful life standards are maintained in NCDOT's Transit Asset Management (TAM) Tier II Sponsored Plan. This inventory is updated on an annual basis . INSURANCE Sub recipients will maintain insurance as defined in the procedures . Subrecipients will maintain project equipment at a high level of cleanliness, safety, and MAINTENANCE mechanical soundness. An 80 percent on-time performance standard for eauioment and 1 091619a HCBOC Page 66 PROGRAM SUMMARY SHEET REQUIREMENTS wheelchair lifts has been set. All maintenance activities are entered into Trapeze EAM and performance is monitored. FT A and state funded facilities require a written maintenance plan and annual submission of the maintenance performed. PTO discourages incidental uses of real property unless it can generate additional revenues for the transit system or, at a reasonable cost, enhances system ridership. Prior INCIDENTAL USE written approval is required for incidental uses of real property which must be compatible with the original purposes of the contract. Incidental uses, such as meal delivery, are allowed if they do not interfere with the public transit service and cover the costs of the uses. Nutrition proQrams must cover the operatinQ costs attributable to meal deliverv. NCDOT Public Transportation Division requires quarterly and year end reports. Program PROGRAM status reports are also required with each claim submitted . Failure to submit reports on REPORTING AND time will result in a reduction in the Rural Operating Assistance Program (ROAP}. NCDOT Public Transportation Division maintains all procedures required for oversight. These expectations, the State Management Plan , funding applications and Certifications and Assurances must be followed to maintain good standing for future funding . Failure to OVERSIGHT submit reports on time will result in a reduction in the Rural Operating Assistance Program (ROAP}. Section 5311 Circular - C 9040 .1 G; Award Management Requirements 5010.1 E; 09 NCAC 03M Third Party Contracting Guidance 4220.1 F NCDOT's Business Guide REFERENCES Federal Transit Administration Annual Certifications and Assurances and Agreements Additional Terms & Conditions in the agreement State Management Plan PTD 5311 application overview and program material UPDATES/REVISIONS Original Date: 4/9/2018 Last Amended Date: 2 091619a HCBOC Page 67 PROGRAM SUMMARY SHEET REQUIREMENTS 3 091619a HCBOC Page 68 Board Meeting Agenda Item Agenda Item LJ H MEETING DATE: September 16, 2019 TO : HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Duke Energy Foundation Grant / Storm Resiliency grant progam award acceptance REQUESTED BY: Larry Smith, Emergency Services Director REQUEST: Harnett County Emergency Management has been awarded $25,000 from the Duke Energy Foundation Grant / Storm Resiliency grant program. We would like to request permission to accept this grant award. This grant will provide some much needed gear for our teams at no cost to the county. We will be purchasing swift water rescue dry suit packages as well as new UAS platform with zoom optical camera to support our swift water team and ground search and rescue team. This grant has no cost share involved and we will manage the grant through the Duke Energy Grant portal. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\bstancil\AppData\Local\Temp\agendaform2019 Duke Energy Grant_5264266\agendaform2019 Duke Energy Grant.docx Page 1 of I 091619a HCBOC Page 69 Brenda Stancil From: Zach Shean Sent: To: Tuesday, August 20, 2019 5:2 5 PM Brenda Stancil Subject: FW: Next steps on your Duke Energy Foundation grant award --news release Sept. 5 Importance: Low FYI on dates From: Strecker, Amy <Amy.Strecker@duke-energy.com> Sent: Tuesday, August 20, 2019 12:47 Subject: [SPAM] Next steps on your Duke Energy Foundation grant award --news release Sept. 5 Importance: Low Congratulations on your grant award from the Duke Energy Foundation! We look forward to working with you to increase North Carolina's storm resiliency. Please read the information below. We'd like to ask you to help us share the good news! Commun icati ons Tool kit Please continue to share the good news about your grant with your stakeholders, local media and social media. To help you with communications , please reference the attached toolkit with a sample news release, social media and promotion ideas, as well as login credentials to the Powerful Communities Grantee Hub where you can download branded materials. Please use this link to request the Duke Energy logo. Please keep us posted on your program and any upcoming milestones, events and/or compelling stories. We would love to support your communications, and have many channels through which we can promote the great work of your organization. The Duke Energy Foundation will distribute a news release Sept. 5 announcing all our grant recipients . I will send you a calendar meeting notice as a reminder. In the meantime, we welcome you to start sharing the good news. Please work with my media relations colleague, Meredith Archie (meredith .archie@duke- energy .com ), to incorporate quotes from Duke Energy and to review your news release before it is sent. To login to the Grantee Hub: • Login to the "Complete an Existing Application " section of CyberGrants and use Invitation Code : 9365TJFK3A • Once in you r account, scroll to the bottom of the page and click the blue "Enter the Grantee Hub" button. 1 091619a HCBOC Page 70 • A step-by-step guide to access the hub is available in the attached toolkit. Social Media For those of you with social media channels, please help us amplify our Sept. 5 grant announcement on social media . Powerfu l Communities: storm resiliency social media postcards for Facebook, Twitter and lnstagram will be emailed to you ahead of the news release. Please post the platform-appropriate storm resiliency image on your channels on Sept. 5 and throughout the week to celebrate your grant. Sample social media posts are available in the attached toolkit. You are also welcome to use these images on your website or in other communications. For an example of a previous grantee post, cl ick here. Grant reporting schedule Grant recipients are required to submit an electronic Impact Report at the end of their 12-month grant cycle. The grant cycle begins the day your check is cut. Email notifications about the report will start 1 O months into the grant, and will be sent to the contact listed in our online grant platform. To ensure the email is received, please include a secondary contact in the system in case someone leaves you r organization. You can make this update by logging into the grant tool. In your report , we're particularly interested in tangible success stories that highlight the impact of the grant and could appeal to external audiences. Payment detai ls We are processing payments now, and grant checks should arrive around mid-September. Volunteerism We are always excited for opportunities to further maximize the partnerships with our grant recipients. If your organization has volunteer engagement opportunities for Duke Energy employees, especially related to this grant, please do not hesitate to contact me, or your Duke Energy district manager, to discuss. We're glad to have you on board as a Duke Energy Foundation grant recipient. Thank you for the good work you're doing for the communities we serve. Best regards, Amy Amy Strecker Stakeholder Philanthropy Manage r I Duke Ene rgy I duke-energy.com/foun dati on amy.strecker@d uke -energy.com I 919.546.2660 0 I 252.213.0224 M I Follow me @D E Am ys 2 091619a HCBOC Page 71 6!·3/201~ . .,/c.:.. DUKE \~,;, ENERGYc Duke Energy: Online Grant Application for the Duke Energy Foundation Online Grant Application for the Duke Energy Foundation logout Confirmation of Application Receipt: Your proposal was successfully submitted to lhe Duke Energy Foundation . No further action o n your part is req u ired and you can expect to receive notice of your proposal's status soon . To print a copy of this completed application go l o 'File'. then 'Print' on your browser toolbar. Click here to return to the homepage when you are finished. Co ntact Information • First Name Zachary • Last Name Shean • Contact Title Emergency Management Coordinator • Address PO Box 370 • City Lillington • Zip 27546 • State North Carolina • E-mail Address zshean@harnett.org • Telephone 910-893-7580 • Contact Type Grant Writer Organization Information • Legal Name County of Harnett Official Name • Address PO Box 760 • City Lillington • State North Carolina • Zip 27546 Mission Statement To protect the citizens and enviro nment of Harnetl County from the effects of di saste rs and emergencies th roug h a unified and comprehe nsive emergency management program of mitigation , preparedness, response , and recovery b y l ocal , Sta te , and Federal partners , private in dustry and volunteer organizations • President/Executive Director Name Paula Stewart Organization's c urrent board members Gordon Springle. Howard Penny, Barbara McKoy, Joe Miller Conflict of Inte rest Disclosure N?A • EIN (5013c3 Organizations Only) 56-6000306 Upload 501 (c) (3) Declaration Letter or Other Documentation • W-9 Harnelt Signed Oated.pdf (654.2 K), uploaded by Tory Brown on 05/17/2019 Organization Detail • Type Of Organization Governmental (Municipal, County, State Agency) Annual Operating Budget 18-19 Harris Budget.pd ! (134 .7 1 K}, uploaded by Zach Shean on 06/03/2019 • 18-1 9 EMFM Budget.pd f (129 .37 K), uploaded by Zach Shean on 06/031201 9 Plea se list the percentage of total 7% Corporate contributions to the organization for 93% Government https ://www.cybergrants.com/pl s/cyberg rants/ao_a pplicati on .subrnit_app 1/5 091619a HCBOC Page 72 6/3/2019 Duke Energy: Online Grant Application for the Duke Energy Foundation the most recent fiscal year (Total must equal 100%) Have you run a deficit within the past No five years? Explain Deficit Reasons Website Address hUp://harnett.org/fire • Does your organization have a No LINKEDIN account? Organization LI NKEDIN • Does your organization have a Yes Facebook account? Organization Facebook https://www.tacebook.com/HarnettCountyEmergencyServices/ Facebook Page # of Likes 8508 • Does your organization have a No Twitter account? Does your organization have an No lnstagram account? Organization lnstagram Page Program Information • Program Title Harnett County Swift Waler Enhancement • Select the area of focus for this NC Storm Resiliency Grant Category grant. * Grant Program Summary Harnett County strives to improve our storm resiliency capabilities by expanding our swift water capabilities due to recent storm findings and gaps identified in our capabilities. Grant Program Detail Harnett County has been lacking in regards to the capabilities of providing swift water rescue to our county as a whole for years. Hurricane Matthew 2016 and Hurricane Florence 2018 are the most recent events to where we had to request 3 out of county teams from various locations across the slate to fu lfill our swift water missions. Very recently following Hurricane Florence we had one local contract department that we partnered with to create a North Carolina State Emergency Management certified Type 3 Swift Water team. This team was a great accomplishment for our county as a whole and is a state deployable team. We are looking to expand our capabilities w ithin th is teams scope that woul d allow for equipment to serve as personal protecti ve equipment for responders as well as equipment to provide overhead recon to identify arising potential hazards that may not be visible on the ground by human eyes. Hazards can be hidden within incidents that could cause harm lo our responders and the victims they are attempting to rescue. Contaminated water, water temperatures, floating debris, live electrical lines are some of the threats that expose our responders to danger. Grant Program Goal #1 Provide additiona l safely capabilities fo r our responders. Grant Program Benefit #1 Using PPE and equipment to limit exposure of our responders to the hazards. Grant Program Goal #2 Provide greater capabilities to serve our residents and visitors of our county and North Carolina . Grant Program Benefit #2 With thi s grant we would be able to serve other geographical areas within and beyond Harnett County. Grant Program Goal #3 Expand our team's equipment capability to provide protection against hazards and the environment during disasters . Grant Program Benefit #3 The expansion of equipment provides additional tools for the team to perform safer missions during extremely hazardous incidents. • Why is your nonprofit best suited to conduct this grant program? Harnett County Emergency services is funded lhrough tax based r eve nue and approved fund ing from administration and board of commissioners. These approved budgets allow for day lo day expenses however rarely are additional funds allocated to allow for specialized program creation or expansions. • Grant Program Start Date 08/01/2019 • Grant Program End Date 06/30/2020 • Select the primary county of the ---Harnett, NC State the grant would principally serve from the dropdown below. Select all counties served by this --Alamance, NC program: ---Alexander, NC --Anson, NC -Avery, NC --Beaufort, NC -Bladen. NC https:l/www.cybergrants.com/pls/cybergrants/ao_application.submit_app 2/5 091619a HCBOC Page 73 6!3/201.9 Duke Energy: Online Grant Application for the Duke Energy Foundation ---Brunswick, NC ----Buncombe , NC --Burke. NC --Cabarrus, NC -Caldwell. NC --Carteret, NC --Caswell. NC -Catawba. NC --Chatham , NC -Cherokee . NC --Chesterfield . NC ---Clay, NC --Clevelan d, NC ---Columbus, NC ----Craven, NC --Cu mberland, NC --Davidson, NC --Davie. NC ---Duplin. NC --Durham.NC ---Edgecombe, NC --Forsyth, NC --Frankl in, NC -Gaston, NC --Graham , NC --Granville, NC ---Greene, NC --Guilford, NC ---Halifax, NC ---Harnett , NC ----Haywood, NC --Henderson, NC ---Hoke, NC --Iredell. NC ---Jackson, NC --Johnston , NC ----Jones. NC --Lee, NC --Lenoir, NC ---Lincoln , NC --Macon, NC --Madison , NC --McDowell. N C ----Mecklenburg , NC --Milchell , NC ----Montgomery, NC ---Moore, NC --Nash, NC ----New Hanover, NC --Onslow, NC ----Orange, NC -Other -North Carolina --Pamlico, NC --Pender , NC --Person , NC --Pitt, NC ---Polk, NC ---Randolph, NC ---Richmond, NC ---Robeson, NC ---Rockingham, NC ----Rowan . NC ---Rutherford, NC -Sampson , NC ---Scotl and , NC ---Stanly, NC ----Stokes, NC ---Surry, NC --Swain , NC ---Transylvania, NC -Union, NC ---Vance , NC ----Wake, NC ---Warren. NC --Watauga , NC --Wayne. NC ---Wilkes, NC --Wi lson. NC ----Yadkin, NC ---Yancey. NC Supporting Documentation Financial I nform ati on https://www.cybergrants.com/pls/cybergran.ts/ao _application .submit_ app 3/5 091619a HCBOC Page 74 613/2019 Duke Energy: Online Grant Application for the Duke Energy Foundation 'Total Grant Program Budget Amount $47,000.00 • Upload the Overall Grant Program Budget • Duke_Energy_Grant_Recommended_Budgel_Worksheet.pdf (348.2 K), uploaded by Zach Shean on 06/03/2019 • Requested Funding Amount $47,000.00 * Other Funders NIA Fund Use The granls provided by Duke Energy will be utilized lo su pport all residents of Harnetl County as well as other counties within North Carolina. The funds will purchase addilional needed equipment that will support responder, victim and public safely. The equipment will be in service at all times and allow for rapid deployment to emergency responses . Demographics Please provide the total number of 132754 people being served DIRECTLY by this grant program: Please provide the total number of 10000000 people being served INDIRECTLY by this grant program: Funding To Serve Per Person NIA • Does the majority of funding for this Yes grant program specifically seek to serve under-represented, low-income or diverse populations? Which under-represented, low-income African-American or diverse populations will be served? Asian/Pacific Islander Hispanic Native American Other (Non-Hispanic and/or Latino) Females/males in non-traditional learning areas (Example: Engineering for girls) Participants with incomes at or below 185% of the Federal Poverty Income Levels Persons with disabilities Active military or veterans LGBTO community Estimate the % of program participants 25% -50% that represent members of the underserved groups above. Investment Priority Alignment And Impact • Select the purpose area for your Equipment necessary for severe weather rescues to preserve human life grant Highlight any collaboration with other As additional grants and funding sources are made available we plan to expand lhe entities that will move the project capabilities of this program by seeking additional and newer equipment that would forward. expand the team as a whole and the capabilities to create a more All Hazards team with a safer approach on how responses are handled. As we see the occurrence of threats increase our capabilities must be able to expand as well to allow for successful completion of missions and life. • Select which metrics you will use to # of disaster response organizations trained or equipped for storm related response measure this grant program's # of first responders trained for severe weather scenarios success? Dollar value of storm preparedness materials purchased Other Impact These requested capabilities offer numerous advancements then we currently are capable of providing . Being able to identify victims and hazards faster as well as exposure to hazards can allow for quicker missions to be completed and allow for rescuers to be in service at a laster rate for additional responses. If this funding was not delivered we would exhaust our current capabilities quicker as well will have to look to outside resources for aid to support our community. Outcomes We expect that our responders down time will be minimized, responder injuries will be reduced and injury claims remain lower. We as well would be able lo identify key hazards and means of access for responders, utility companies to possibly get into affected areas if we were able to identify safer means of access as well as identify victims locations when access are not always easily available or safe to access. We track all missions. rescues during disaste rs, the resources used to complete the mission as well as track expenses associated to the event. Recognition And Engagement Please indicate how Duke Energy will Distribute Duke Energy news release be recognized as a funder of this grant Distribute informalion via an organizational pub lication https://www.cybergrants.com/pls/cybergrants/ao_application.submit_app 4/5 091619a HCBOC Page 75 -613.,2or9 Duke Energy: Online Grant Application for the Duke Energy Foundation program. (Please note: Duke Energy Distribute organizational press release Foundation does not accept tangible Duke Energy logo used on granl program materials benefits from grant recipients). Host media event {check presentation. ribbon cutting , student showcase etc.) Initiate feature stories to print and electronic media If applicable, outline other recognition options not indicated above If applicable, attached public relations plan. Share Social Media post cards, provided by Duke E nergy Tag Duke Energy in social media post about the grant program Volunteer Opportunities Unfortunately due lo the evenls and extreme hazards of these responses we are unable to utilize Du ke volunteers to participate in the responses however we coordin ale on a daily basis with our Duke Energy Liason Marty Clayton on efforts or concerns for our community. Need Support? Copyright © Duke Energy 2019. All Rights Reserved Legal Notices and Terms of Use I Privacy https://www.cybergrant s.com/pls/cybergrants/ao_application.submit_app 5/5 091619a HCBOC Page 76 Agenda Item __ 1./.....___._7: ___ __.:. Board Meeting Agenda Item MEETING DATE: September 16, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Donation of two County owned manual stretchers to Benhaven Emergency Services REQUESTED BY: Larry Smith, Emergency Services Director REQUEST: Hamett County Emergency Services request to donate two 2013 Stryker MX PRO manual stretchers, serial numbers 130840052 and 130840054 to Benhaven Emergency Services . The Hamett County EMS Chiefs were notified that these stretchers were available for donation and Andy Thomas, Chief of Benhaven Emergency Services has requested to receive this donation. If approved, Benhaven Emergency Services will take full responsibility for all needed maintenance and repairs of these stretchers. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\bstancil\Desktop\agendafonn2019 -Donate Stretchers.docx l of I Page 091619a HCBOC Page 77 STATE OF NORTH CAROLINA COUNTY OF HARNETI RESOLUTION AUTHORIZING DISPOSITION OF PERSONAL PROPERTY WHERAS, County of Harnett (the "County") owns the following stretchers, utilized by the Harnett County Emergency Services Department: YEAR 2013 2013 MAKE Stryker MX PRO Manual Stretcher Stryker MX PRO Manual Stretcher SERIAL NUMBER 130840052 130840054 WHEREAS, such stretchers are now obsolete and surplus to the needs of the County; WHEREAS, said stretchers have little of any, value on the open and public market; WHEREAS, Benhaven Emergency Services ("BES"), located in Harnett County, could utilize such stretchers when responding to emergency 911 calls for the treatment and care of their patients. WHEREAS, the transfer of such stretchers to BES would provide for and help with the transport for the sick and injured citizens of Harnett County . NOW, THEREFORE, BE IT RESOLVED BY THE HARNETI COUNTY BOARD OF COMMISSIONERS, that the Harnett County Emergency Services shall be and is hereby authorized and directed to take any such actions as might be necessary and advisable to transfer the above-referenced stretchers to Ben haven Emergency Services, without consideration, pursuant to the provisions of North Carolina General Statute 153-176. Duly adopted this the __ day of ______ 2019. ATIEST: Margaret Regina Wheeler, Clerk to the Board Harnett County Board of Commissioners County of Harnett By: ___________ _ Gordon Springle, Chairman Harnett County Board of Commissioners (SEAL) 091619a HCBOC Page 78 B oard Meeting Agenda Item Agenda Item lJ .:f MEETING DATE: September 16, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: FEMA Hazard Mitigation Funding -North Carolina Division of Emergency Management Resolution Designation of Applicant's Agent (Hurricane Matthew and Florence). REQUESTED BY: Larry Smith, Emergency Services Director REQUEST: This document pertains to the Hazard Mitigation funding we are seeking for the homeowners affected by Hurricanes Matthew and Florence. We are seeking funding for 5 homeowners for mitigation funds to either elevate the homes or buyout the homes. This funding is through the Hurricane Michael mitigation funding which has been expanded to cover the other two storms. This is the last step in the application process. We are high on the priority listing to receive funding from the State. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGE R'S RECOMMENDATION: C: \Users\bstanc il\Deskto p\agendafo rm201 9 .docx Page I of2 091619a HCBOC Page 79 RESOLUTION DESIGNATION OF APPLICANT'S AGENT North Carolina Division of Emergency Management Organization Name (hereafter named Organization): Disaster N umber : County of Hamett DR-4412 Applicant's State Cognizant Agency for S ingle Audit purposes (If Cognizant Agency is not assigned, please indic ate ): !North Carolina Division of Emergencv Management Applicant's F iscal Year (FY) Start Mon th : Day: Julv I Applicant's Federal Employer's Identification Number: 56-6000306 Applicant's Federal Information Processing Standards (FIPS) Number : 085-99085-00 PRIMARY AGENT SECONDARY AGENT !Agent's Name Agent's Name Kimberly Honeycutt Larrv T. Smith Organization Organization Hamett Co unty Finance Hamett County Emergency Services O fficial Position Official Position Finance Officer Emergencv Services Director Mailing Address Mailing Address PO Box 760 PO Box 370 City, State, Zip City, State, Zi p Lillington, NC 27546 ~illington, NC 27546 Daytime Telephone Daytime Telephone 910-893 -7557 :9 10-893-7580 Facsimil e Number !Facsimile Number 910-893-3445 910-893-5025 Pager or Cellular Number Pager or Cellular N umber 3E IT RESOLVED BY the governing body of the Organization (a public entity duly organized under the laws of the State of North Carolina) that the above-nam ed Primary md Secondary Agents are hereby authorized to exec ute and file appl ications for federal and/or state assistance on behalf of the Organization for the purpose of obtainin g ertain state and federal financial assistance under th e Robert T. Stafford Disaster Relief & Emergency Assistance Act, (Public 'Law 93-288 as amended) or as otherwise vailable. BE IT FURTiffiR RESOLVED that the above-named agents are authorized to represent and act for the Organization in all dealings wi th the State of North Carolina md the Federal Emergency Management Agency fo r all matters pertaining to such disaster ass istance required by the gran t agreements and the assurances printed on th e everse side hereof. BE IT FINALLY RESOLVED THAT the above-named agents are authorized to act severall y. PASSED AND APPROVED this day of 20 GOVERNING BODY CERTIFYING OFFICIAL !Name and Title Nam e Gordon Springle, Chairman Margaret Regina Wheeler Name and Title Official Position Howard Pennv, Vice Chairman Clerk to the Board Name and Title Daytime Telephone 9 I0-893-7555 CERTIFICATION , Margaret Regina Wheeler (Name) duly appointed and C lerk to the Board (Title) of the Governing ,,h, do hereby cenify that the above is a true and correct copy of a reso luti on passed and approved by the Governing Body of ~«I ,. Countv of Hamett (Organization ) on the day of 20 . ~ - 1Date: Signature: Rev. 03/04 091619a HCBOC Page 80 Agenda Item J./ k Board Meeting Agenda Item MEETING DA TE: September 3, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Revision to the Library Rate and Fee Schedule REQUESTED BY: Angela McCauley, Library Director REQUEST: Harnett County Library respectfully requests permission to amend the library's rate and fee schedule. Additions to the current schedule include maker space project materials that will be available for purchase by library users. A list of these additions are attached. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: S:\s taffdoc\Angela\LibraryDirector\contracts\Rate and Fee Schedul e-Sept 20 19 agendaform2019 .docx I of I Page 091619a HCBOC Page 81 r-,_. "' Harnett °"'(·---. CO UNTY } ·--.. -· -··-- J • ·, ! ' • ~ ~1 I , : , I i '; ': Harnett County Library TYPE OF FEE 2018 -2019 Revision Requests APPROVED MAKERSPACE MATERIALS Glowforge Materials Medium Draftboard (Unfinished) 12" x 20" 4 .00 Thick Draftboard (Unfinished) 12" x 20" 6.00 Medium Basswood Hardwood (Finished) 6" x 12" 5.00 Medium Clear Acrylic 5" x 1 O" 3.25 Cricut Materials Card Stock -12 x "12 sheet 0 .50 Vinyl -12 x "12 sheet 1.25 30 Printer PLA 3mm-0.9kg .10 per gram 091619a HCBOC Page 82 Board Meeting Agenda Item Agenda Item J4 L MEETING DA TE: September 3, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Application for State Aid REQUESTED BY: Harnett County Public Library REQUEST: The Hamett County Public Library respectfully requests to apply for annual state aid from the North Carolina Department of Cultural Resources, the State Library. The State Library allocates a certain amount of funds each year for local libraries intended to promote, aid , and equalize public library services in North Carolina. The amount estimated for this fiscal year is $173,376. There is no match required. • FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: P:\BO C\agendaform201 9.do cx Page I of I 091619a HCBOC Page 83 ....--~~~~~~~~~~~~~~~f(:HL2~~~~~~~~~.~.-.~. -.-.-.~~----. ........ APPLICATION FOR STATE AID TO PUBLIC LIBRARIES State Fiscal Year 2019 -2020 (Submit one form only) . . . The type of library and its governance determine the signature required on this document: • • • , County Library: Chair of County Commissioners Regional Library: Chair of Regional Board ~f Tru~t;es' Municipal Library: Chair of Town/City Council Independent County Library: Chair of Board of Trustees ,, [zo v don S'pvc VltJ Iv Print Name Signature :c rn ,, m 0~ V t> f-UJ1). Vltv} CtrvlM 1 'S'S i~ertify that Print Title H-ox n.e,n--Co LL VltvJ PtA \?l Le., IA ldv ~ Name of library meets the following requirements and hereby applies for funding from the Aid to Public Libraries Fund. 07 NCAC 021 .0201 QUALIFICATIONS FOR GRANT ELIGIBILITY Libraries requesting funding from the Aid to Public Libraries Fund shall submit annually to the State Library of North Carolina an application for State Aid and supporting documentation including financial and statistical reports and shall meet the following eligibility requirements: (1) Be established consistent with the provisions of Article 14, Chapter 153A of the North Carolina General Statutes. (2) Provide library services in compliance with applicable State and Federal law to all residents of the political subdivision(s) supporting the library. Public library services shall be provided from at least one designated facility with a catalogued collection that is open to the public a minimum of 40 hours per week . . (3) Employ a full-time library director having or eligible for North Carolina public librarian certification. Full-time means working a minimum of 35 hours per week. (4) Secure operational funds from local government sources at least equal to the average amount budgeted and available for expenditure for the previous three years. A grant to a local library system from the Aid to Public Libraries Fund shall not be terminated but shall be reduced proportionately by the Department if the amount budgeted and available for expenditure by local government is below the average of the previous three fiscal years. State funds shall not replace local funds budgeted and available for expenditure for public library operations. (S) Secure aggregate operational funds from local sources at least equaling state aid. (6) Expend funds as authorized in the budget adopted by the Board of Trustees of a Regional library, a County, or a Municipality. Any library having an unencumbered operational balance of more than 17 percent of the previous year's operating receipts shall have the difference deducted from its state allocation. (7) Pay salaries for professional positions funded from the Aid to Public libraries Fund at least at the minimum rate of a salary grade of GNlO as established by the Office of State Personnel. (8) Provide to the State library of North Carolina an annual audit of the political subdivision(s) funding the library consistent with generally accepted accounting principles. (9) Submit annually to the State Library of North Carolina a copy of the bylaws of the library system's Board(s) of Trustees. (10) Submit annually a current long-range plan of service to the State library of North Carolina . A long-range plan of service is a plan of at least five years. Upon request, submit an assessment of a community's library needs to the State Library of North Carolina. (11) Submit a copy of the agreement establishing the library system, if composed of more than one local governmental unit. (12) Meet the following stipulations when establishing a new library or re-establishing eligibility for the Aid to Public libraries Fund: (a) meet all qualifications for the state aid to public libraries program on July 1 of the year prior to the fiscal year that the library plans to receive State Aid, (b) continue to meet all qualifications for the state aid to public libraries program from July 1 to June 30 of that year, which shall be known as the demonstration year, (c) file a full application for state aid by the June 30 deadline at the close of the demonstration year in order to receive state aid in the next fiscal year. Application Reviewed and Accepted: Date: Submit application to sladmin@ncdcr.gov Subject: State Aid Please retain originals for your files. SL/LD Rev.06/19 Deadline for submission of FY July 1, 2019 -June 30, 2020 State Aid application September 13, 2019 091619a HCBOC Page 84 ---------.:ISTATE LIBRARY ________ ___, o f N O RTH C AROLINA AVERAGE MAINTENANCE OF EFFORT REPORT AND DECLARATION State Fiscal Year 2019. 2020 (Submit one form only) Please submit this average summary form for the library system in addition to the individual Maintenance of Effort forms from your local funding entities. This sheet shows the library system's average appropriation from all of its local funding sources from the last three years. Please place the total of all Maintenance of Effort forms for FY 2019-2020 in the FY 2019-2020 box . In order to meet Maintenance of Effort, the total appropriation for FY 2019-2020 must equal or exceed the average figure of the last three fiscal years . This summary form requires only the library director's signature. The other Maintenance of Effort forms for each funding entity must be completed and signed as usual. \-kv nv tl CbtA n :M1 PuJJ?yv L1 v:tve,<,,vtz Name of Library AVERAGE County and/or City Appropriations Budgeted and Available for Expenditure FY 2016-2017 FY 2017-2018 FY 2018-2019 (Excluding capital outlay and State Aid appropriations) Submit application to sladmin@ncdcr.gov Subject : State Aid Please retain o riginal for your files . SL/LD Rev. 06/19 TOTAL County and/or City Appropriations Budgeted and Available for Expenditure FY 2019-2020 {Excluding capital outlay and State Aid appropriations) Date : '3 );--; (I? Deadline for submission of FY July 1, 2019 -June 30, 2020 State Aid application September 13, 2019 091619a HCBOC Page 85 ~--------.JSTATE LIBRARY ________ ~ or NORTH CAROLINA MAINTENANCE OF EFFORT REPORT AND DECLARATION State Fiscal Year 2019 -2020 (Submit one form for each city/county loca l funder) The i±{A v-n-c, rt Co u.n±vJ'-----+----'-lli..w..=......;;_~-'--}~-=-8 -bra~-y ·_l?_Y-tL-_\r~-------- will maintain its local governmental support in order to recei ve State Aid funds in accordance with North Carolina Administrative Code, Chapter 7, Subchapter 21 , Section .0200. Budgeted and Available for Expenditure FY 2019-2020 TOTAL County or City Appropriations (Excluding capital outlay and State Aid appropriations) Total$ / 1 I /o0/ S-0 ·7 Date the budget was approved by the Board of Commissioners/ City Council Jv..Vll--n, 7-o i1 Co U Vlfvi of tttA,,Vl(Jr ------Name of Cou nty/ City I certify that the appropriation for FY 2019-2020 has been approved by ttuYVU,ft 0()l).Vl1:i fl7d -vf U'fl!1rYJIIJ;l Board of Comm iss ion ers/ City Council is supported by official records, a nd is available for expenditure by the Library . Signed: Co unty/ Ci ty Manager for: (p-ulf1tr1 gf ~n:vr.:..._Ci....:....;.:..._n-c__ ____ _ Signed l~J. ,14 ~=rec=c.itoc5,.,.._ ______ _ Submit application to sladmin@ncdcr.gov Subject: State Aid Please retain original for y our files. SL/LD Rev. 06/19 Date : Date: ~ -/ L( _. J 1 Deadline for submission of FY July 1, 2019 -June 30, 2020 State Aid appl ication September 13, 2019 091619a HCBOC Page 86 ---------~TATE LIBRARY ________ ~ of NORTH CAROLINA MAINTENANCE OF EFFORT WORKSHEET State Fiscal Year 2019 -2020 Budgeted and Available for Expenditure FY 2019-2020 TOTAL County or City In-kind Contributions and Appropriations County/ City In-kind Contributions Local Appropriations Total ~VV1 ti1 D f \-tzt,vVlal $ $ I i!ttV,t:;01 $0 I, l~O, t;"£o1 $ $ $0 $ $ $0 $ $ $0 $ $ $0 $ $ $0 $ $ $0 $ $ $0 $ $ $0 $ $ $0 $ $ $0 $ $ $0 $ $ sO Total $ 0 sO so 1, ll! o ,c;tzn The total for each line should reflect the amount declared on the Maintenance and Effort Report for each local funder. The final total of all contributions and allocations is the number submitted on the Average Report for the library. Submit application to sladmin@ncdcr.gov Subject: State Aid Please retain original for your files. SL/LD Re v. 06/19 Deadline for submission of FY July 1, 2019 -June 30, 2020 State Aid application September 13, 2019 091619a HCBOC Page 87 ----------~STATE LIBRARY _________ _ of NORTH CAROLINA ASSURANCE OF PROFESSI ONAL LIBRARIANS WHOSE SALARIES ARE FUNDED W I TH STATE AID MONEY State Fiscal Year 2019 • 2020 (Submit one form only) The Choose one: D Does not pay a ny professional salaries from State Aid funds ~es pay the following salaries in whole or in part from State Aid funds Signed : ~A e L'24~ '~ Library Director a The following professional librarians* (minimum annual salary $39,611 **) will be paid in full or in part from State Aid funds: Name : l).2r\i,.e,,l f-)1~ 1.-CtJ Position : Refcxv vice..--\,,t b VJ.-Y( fYY' Salary: --------4\,ooo Name: Po sition: Name: Position: Salary: II I '140 Professional librarians have received a Masters Degree in Library and Information Science . •• Pay salaries for professional positions funded from t h e Aid to Public Libraries Fund at least at the minimum r ate of a salary grade of GN10 as established by the Offi ce of State Pe rsonn el. Administrative Cade, Title 7, Su bchapter 21, Section .0201, Rule 7. Submit application to sladmin@ncdcr.gov Subject: State A id Please retain original for your record s. SL/LD Rev. 06 /19 Deadline for submission of FY July 1, 2019 -Ju ne 30, 2020 application is September 13, 2019 091619a HCBOC Page 88 .-----------~STATE LIBRARY _________ __, of NORTH CAROLINA State Aid Checklist Please email this checklist with your other State Aid documents with the boxes checked to show that your application for State Aid is complete . Name of Library: The following must be completed and submitted to complete the State Aid application: D Public Library Survey (Submitted through nc.countingopinions.com) D Application for State Aid to Public Libraries D Average Ma intenance of Effort Form with total MOE amount D Maintenance of Effort and Declaration Form(s) from all local funders D Maintenance of Effort Worksheet D Assurance of Professional Salaries Funded with State Aid D Current Long-Range Plan D Bylaws for Library Board(s) of Trustees D Checklist SL/LD Rev. 06/19 Submit application to sladmin@ncdcr.gov Subject: State Aid Deadline for Submission: September 13, 2019 091619a HCBOC Page 89 library Development Roy Cooper , Governor Timothy G . Owens , State Librarian Susi H. Hamil t on , Secretary To: From: Date: Re: Tanya Prokrym , director Angela McCauley, Harnett County Public libra ry Tanya Prokrym, Director of Library Development July 15, 2019 Application for State Aid, FY2019-20 FY2019-20 application documents for State Aid are finalized and ready for your completion. The State Aid forms and accompanying documents must be submitted on or before Friday, September 13, 2019. The State Aid packet includes six (6) components plus completion of the Public Library Survey and submission of an annual audit/financial report. (A separate letter with instructions for the annual audit/financial report is forthcoming.) 1. Application for State Aid to Public libraries 2. Maintenance of Effort form: report, declaration form, and worksheet 3. Average Maintenance of Effort form : report, declaration form 4 . Assurance of Professional Salaries form 5. Long-range Plan 6. Bylaws of the Library Board of Trustees A checklist is included in the packet to assist you in this process. The omission of any of the above documents or a late submission of Public Library Survey data may delay State Aid payments. State Aid packet documents are available for download at https:// state Ii bra ry. ncdcr .gov /Id/ state-aid#a pplication-packet. Please see the following pages for detailed instructions. MA ILI NG ADDR E SS 4 640 M ail Serv ice Center Ra lei gh , NC 27699-4600 Te le p hone 9 19-81 4-6780 LOCAT ION I 09 East Jon es Streel Ra leigh. NC 2760 1 091619a HCBOC Page 90 Application Submission Instructions Scanning and emailing the State Aid packet is preferred. Submit your documents to: sladmin@ncdcr.gov Subject Line: State Aid State Aid documents may be mailed. Use the US Postal Service and mail to: State Aid State Library of North Carolina 4640 Mail Service Center Raleigh, NC 27699-4600 If you scan and electronically submit your State Aid documents, you do not need to send us the original documents with original signatures. The scanned copy is acceptable. Please reta in any documents with original signatures in case they are needed . State Aid Application Form: By signing this form, the appropriate official indicates that the library is applying for State Aid and that the library is in compliance w ith State Aid Eligibility Rules. The type of library and its governance determines who is required to sign this form. Maintenance of Effort (MOE) Forms Maintenance of Effort identifies the level of local support provided to your library. Three forms comprise your library's maintenance of effort documentation. 1. Average MOE A three-year rolling average is used to determine your library's average MOE . You r FY2019-20 library MOE is compared with your 3-year rolling MOE average to determine final state aid payments. Only the Director's signature is required on this form. • Enter your library's average maintenance of effort in the box on the left-hand side of the Average MOE form. Your library's Average MOE for the last three fiscal years is : Average MOE for the Harnett County Public Library is $967,718. • Enter the total of all FY2019-20 local appropriations for your library in t he box on the right-hand side of the form. 091619a HCBOC Page 91 . ( 2. Maintenance of Effort Form(s): Submit one form for each funding entity. The amount of the local government appropriation for FY 2019-20 needs to be listed along with the date the budget was adopted by the County Comm issioners or City Council. Do not include State Aid or capital outlay in these amounts . However, documented in-kind contributions from local funders may be included . In-kind contributions are funds allocated by local governments, on behalf of a library, within the budget of a different department of the local government. Contact State Library staff for examples of in-kind contributions. The certification statement on the MOE form requires the signature of the County or City Manager, not the County or City Finance Officer. 3. Maintenance of Effort Worksheet: This form is intended to help you calculate total local support. The total for each line . should match the total on the corresponding local funder's MOE form. The total of all lines should equal the total entered in the box on the right side of the Average MOE Form. (Do not use commas when entering numbers.) Assurance of Professional Salaries Paid with State Aid: If professional salaries are partially or fully paid from the Aid to Public Libraries fund, your library must complete the Assurance of Professional Salaries form. Please fill in the library name, check the appropriate box, then sign and date the form. Long-Range Plan and Board Bylaws: Scan and email, or print and mail, your Library's long-range plan and Bylaws of the Library Board of Trustees. If I can be of any assistance as you begin work on the State Aid Application Packet, do not hesitate to contact me at t anya .prokrym@ncdcr.gov or 919-814-6789 or email our general administrative email at sladmin@ncdcr.gov with the subject line : State Aid. 091619a HCBOC Page 92 THE BYLAWS OF HARNED COUNTY PUBLIC LIBRARY BOARD OF TRUSTEES Post Office Box 1149 Lillington, North Carolina 27546 Revised Bylaws (2019) ARTICLE I NAME The name of this organization shall be The Harnett County Public Library Board of Trustees. It is hereinafter referred to as the "Board of Trustees". ARTICLE II OBJECTIVES The Objectives of the Board of Trustees shall be: To promote library service in general and to assist in the development of the Harnett County Library System and library service throughout Harnett County. To provide library trustees the opportunity of working together on all problems important to the Harnett County Library System. To stimulate the interest of trustees in becoming better i nformed about their duties and responsibilities, and in becoming more effective policymakers for both North Carolina Libraries and the Harnett County Library System. To cooperate with and support the programs of the Harnett County Library System, the North Carolina library Association, and the North Carolina State Library and to help unify library action at all levels in North Carolina. To provide an effective means of influencing local support for passage of adequate library legislation. To promote complete use of the library facil ities and resources. ARTICLE 111 MEMBERSHIP, TERMS, VACANCIES Sec. 1. T he Board of Trustees shall be made of eleven interested and concerned citizens. Municipalities which have entered into Library Contracts with the Harnett Coun ty Libr ary shall each be represented by one person. The Anderson Creek Pr imary School and the Boone Trail Community Center and Library shall each be represented by one person. The five remaining members shall be at-large seats representing each of the H arnett County's five voting districts and as many ex-officio Harnett County Boar d of Commissioners (hereinafter referred to as the "Commissioners") seats as deemed appropriate by the Commissioners . 091619a HCBOC Page 93 Sec.2. Procedures for filling vacancies for appointed positions. l . Positions available A A list of available positions stating terms of office, requirement s for office, and duties of positions will be published in the newspapers of Harnett County thirty (30) days prior to the month of appointments being made. This procedure will be carried out by the Clerk to the Board of County Commissioners. B. Thirty (30) days prior to the terms expiring, the C lerk to the Board of Commissioners will mail a notice to each person who is eligible for reappointment requesting information on his or her interest in continuing to serve. If a resume is not on file, one will be requested at this time. If an individual is not eligible for reappointment , he or she will be notified and given reason for being ineligible. C. If, because of policy or otherwise, an individual is unable to be reappointed, he or she will be sent a letter of appreciation by the Chairman of the Board of Commissioners at the expiration of his or her term thanking him or her for the past services rendered. 2. Selection Process A. Six (6) days prior to the date a vacancy occurs, all resumes of applicants for a particular position will be given to the County Manager. The County Manager will chec k each for eligibility. B. A list of all names submitted will be sent to all Commissioners with those who are ineligible noted and the reasons for ineligibility given. C. The Clerk to the Board shall be given a copy of the information to be placed on the agenda as the "Appointments" for action at the next m eeting of the C o mmissio ners. 3. Notification of Appointment A. The County Manager shall prepare a letter of notification to the appointee . This letter will include a congratulation statement, the time, date and place of the first meeting he or s h e is to be sworn in, if this is required. B. The County Manager shall require the appointee to certify that he or she has read and understands Ru le 30. Appointment s section of "Rules of Procedure for the Board of County Commissioners of Harnett County, North Carolina". This section states policy and procedures for appointments to any County board, commission, committee, or author ity. The County Manager shall mail a self-addressed , stamped envelope for the convenience of the appointee in returning the s igned affirmation of understandin g. 4. Resumes All resumes received shall be retained for at least two (2) years . Resumes shall be kept on file for all active appointees. 5. Municipal Representative Each municipality shall submit names of candidates for municipality seats. 2 091619a HCBOC Page 94 6. Appointment All Board of Trustee members shall be appointed by the Comm ission ers. Sec.3. Members of tile Board of Trustees shall serve three-year terms. Each term shall begin January 1 following appointment by the Commissioners. Sec.4. A person appointed to fill a vacancy on the Board of Trustees shall serve until the end of the original term . Sec.5. Members of the Board of Trustees may serve two consecutive three-year terms. Members shall not be permitted to serve more than two consecutive full terms without an intervening period of one year between appointments. Sec. 6 . If a member of the Board of Trustees is absent for more than 25% of the Board of Trustees meetings in any calendar year which he or she is required to attend pursuant to his or her appointment is subject to removal from membership at the sole discretion of the Commissioners. A calendar year is to be defined as a 12-month period beginning on the date of appointment. ARTICLE IV OFFICERS Sec. 1. The officer s of t he Board of Trustees shall be: ( 1) Chairman, (2) Chairman-Elect (who serves as Vice-Chairman), (3) Secretary. Sec. 2 . The Chairman and Chairman-Elect shall be elected at the fall regular quarterly meeting and shall serve a one-year term or until their successors are elected and have assumed their duties. The Harnett County Library Director (hereinafter referred to as the "Library Director") shall serve as secretary to the Board of Trustees. ARTICLE V AFFILIATION The Officers of the Board of Trustees shall work closely with the Library Director; the North Carolina Association of Library Directors, the Public Library Consultants, Divisi on of the State Library of North Carolina; the Chairman, Public Libraries Section, North Carolina Libr ary Association ; and with the Institute of Government in Chapel Hill. The Harnett County Library shall cooperate witi1 all other libraries in the area. ARTICLE V I MEETINGS Sec. 1. The Board of Trustees shall meet at least quarter!}' at such place as shall be designated in the notice of meeting. Sec. 2 Special meetings may be called at the discretion of the Chairman and/ or the Library D irector. 3 091619a HCBOC Page 95 Sec. 3. Any member may request the Chairman to place an item on the agenda. If the Chairman should decline to place a requested item on the agenda, a member may have such item placed on the agenda by submitting it in writing to the C h airman with supporting signatures of three members. Sec.4. A quorum for the transaction of the business of the Board of Trustees shall consist of a majority of all active members. An affirmative vote of the majority of the members present at a meeting of the Board of Trustees shall be required to constitute official action of the Board of Trustees. Sec.5. All meetings shall be properly noticed pursuant to the Open Meetings laws of the State of North Carolina. Notice of the time, place, and agenda items to be considered at each meeting shall be given in writing to all members at least seven (7} days prior to each meeting. Any matters not appearing on the agenda may be considered upon a favorable vote of a majority of the members present to do so. Notice of special meetings and intended agenda items shall be given to all members in writing or by phone at least three (3) days in advance of any special meeting. Sec. 6 . All meetings, both regular and special, may be cancelled by giving reasonable notice to each member of the Board of Trustees and by posting a Notice of Cancellation at the place of the meeting. Sec. 7. Members of the Board of Trustees are expected to attend all meetings in person, however, under exceptional circumstances and upon approval by the Library Director, a member, with the exception of the Chairman or Chairman-Elect in the absence of the Chairman, may participate in any meeting of the Board of Trustees or its committees by means of a telephone conference or similar communications medium. Participation by such means shall constitute presence in person a t a meeting. N o member may participate b)' means of telephone conference o r similar communications for more than one meeting per calendar year. Sec. 8. The deliberations of all meetings of the Board of Trustees and its various sub- committees shall be governed by Robert's Rules of Order, Newly Revised. ARTICLE VII VOTING Sec. i. Each member of the Board of Trustees, including the Chairman, shall be entitled to one vote. Sec. 2. No member of the Board of Trustees shall vote by proxy. Sec. 3. Members of the Board of Trustees may register their abstentions on any vote which shall be reflected in the minutes, and members are encourage to abstain on matters which would pose for tl1em any conflict of interest. Sec. 4. All final actions, positions, o r policy recommendations shall requ ire the favorable vote of a majority of those members of the Board of Trustees present at a duly called meeting. 4 091619a HCBOC Page 96 ARTIC L E V III ELECTIO NS Sec.1. T he Chairman shall appoint a Nominating Com mittee of three persons. The N ominating Committee shall secure a nominee for each office t o be filled, secure the consent of the nominee in advance, and report its nomination at the fall meeting. Sec.2. A nominee shall be elected by a major ity of those members present at a regular meeting. ARTICLE IX DUT IES OF OFF ICERS Sec.1 . The C h airman shall appoint such committees (and shall define their duties) as may be necessary to carry on the work of the Harnett County Public Library. Sec.2 . New committees may be created and old committees discontinued by the Chairman provided such action is not contrary to the wishes of the membership of the Board of Trustees as expressed at the most recent meeting of the Board of Trustees. Sec.3. The Chairman-Elect (Vice-Chair) shall be e lected to the office, and shall assume the responsibilities and perform the duties of the Chairman in the event of absence, death, disability o r resignation of the Chairman. He/she shall serve as Chairman during one year following his/her term as Chair-Elect. Sec.4. The Secretary shall perform all duties normally expected for such office. Sec.5. The Executive Committee shall recommend to t h e Commissioners names to fill any vacancy on the Board of T r ustees. Such appointments shall remain in force until the term expires. Sec.6 . The Library Director shall attend all Board of Trustees meetings except those at which h is/her appointment or salary is to be discussed o r decided. Sec.?. The Library Director shall function as a member of the executive committee but does not have voting privileges. Sec.8 . The Library Director will be responsible for the general care of the building and equipment, for the employment and direction of the staff, for the efficiency o f the public services of the library, for the management of the library under the financial conditions set fo rth in the annual budget a n d for the recorded minutes of the Board of T r ustees. Sec.9. The Library D i rect or will submit an annual report, e ither verbally or in writing , to the Commissioners. ARTICLE X AME N DMENTS Any of these Bylaws may be aliered, amended or repealed at any meeting of the Board of T rustees by a two-thirds vote of a l l voting members in office, provided that w r itten or publi shed 5 091619a HCBOC Page 97 notice of the t ime and place of the meeting and the proposed changes have been given to the members at least (30) days prior to the meeting. These bylaws may also be altered, amended, or repealed by a majority vote of the Commissioners, provided that at least thirty (30) days written or published notice, including the proposed changes, is given to the Board of Trustees of the intention to alter, amend, or repeal the by-laws. A ll altered, amended, or repealed by-laws are subject to final approval by the Commissioners. ARTICLE X I RATIFICATION PROVISIONS These bylaws were revised and readopted by a majority of the members of the Board of Trustees this 23rd day of January, 2019, meeting in Harnett County, North Carolina, and will become effective on the date approved by the Harnett County Board of Commissioners. Harnett County Library Board of Trustees l " I . I , (' rt· 1 / ,•,.' .. ~ -·!{flt,, j i,,,. ~ Pifl{.' Date: , Chairman /c 6 091619a HCBOC Page 98 < - '..,.;;..-,. a· .. .. ~ 1tt • .. -~a,( -... ~--~ . - ~~ Harnett COUNTY PUBLIC l lbRARY HARNETT COUNTY PUBLIC LIBRARY MASTER PLAN 2018-2023 February 27, 2018 091619a HCBOC Page 99 Acknowledgments We offer a sincere thanks to so many community members who offered the generosity of their time and insights in developing this plan. That long list includes the following individuals . County Commissioners Abe Elmore Barbara McKoy Joe Miller Vice-Chairman Howard Penny Chairman Gordon Springle County and Municipal Officials Paula Stewart, Interim County Manager Brian Haney, Interim Assistant County Manager Amanda Bader, County Engineer Coley B. Price, Angier Town Manager Nick Holcomb, Coats Town Manager Steven Neuschafer, Dunn City Manager Snow Bowden, Erwin Town Manager Joseph Jeffries , Lillington Town Manager (former County Manager) Library Board of Trustees Jerry Ennis, Chair Cindy Ramsey, Vice Chair Elaine Blackman Michelle Ceballos David Hesselmeyer Margaret House Angela McCauley Barbara McKoy Robert Purtle Betty Wishart Gloria Gulledge Ronnie Vinston Dr. Carol Simonson Friends of the Library Board of Directors Cyndi Moss, President Melanie Collins, Treasu rer Marcia Johnson. Secretary Carrie Bibbens Judie Cook Peggy McPhail Angela McPhail Consultant Karen Dash Consulting LLC Library Staff Master Planning Team Mike Williams Amanda Davis Jeanne Serrette Teresa Brown Amanda Duntz Autumn Landers Heather Giunta Joanna Cox Katie Whitehead Kim Sirois Laura Bright Mary Atkinson Paula Avery Drew Bryant Michelle Wester Angela McCauley Master Planning Advisory Committee Cyndi Moss Melanie Collins Marcia Johnson Carrie Bibbens Angela McPhail Peggy McPhail Gloria Gulledge Ronn ie Vinston Dr. Carol Simonson Shirley White-McNeil! Elaine Blackman Jerry Ennis Cindy Ramsey Michelle Ceballos David Hesselmeyer Margaret House Barbara McKoy Betty Wishart Billy Barfield 2 091619a HCBOC Page 100 .. Why Conduct a Master Plan / Feasibility Study? Harnett County's population increased 14.1 % from 2010 to 2016 (114,678 to 130,881), making it one of the fastest-growing 11 micropolitan" areas of the country. As the county has grown, so has the demand for library services . Today, residents make over a quarter of a million visits to our libraries annually, checking out 338,000 items. Nearly 18,000 county residents have enjoyed over 690 library programming events annually . Numerous research studies show the powerful benefits libraries provide to rural communities: for children; for economic growth; for access to government services, including health services; for access to technology and the internet; for community events. County and municipal leaders acknowledge the importance of library services to our growing community. With their support, library leadership, including the Board of Directors and Friends of the Library, sought a new v ision for the library system to meet the needs of 21 st century patrons . In doing so, our governmental leaders recognize that much of our growth has occurred in the western third of the county, and commissioned a feasibility study of developing a Western Harnett library branch. Through an LSTA grant from the State Library of North Carolina, this Master Plan and Feas ibility Study was developed . ' ..,, ,,. ... The purple areas denote the 3-mil e road service areas for HCPL branches (53% county coverag e) The density of new home growth since 2015 is i ndicated by the y e llow. orange. and red. 3 091619a HCBOC Page 101 How Did We Conduct the Planning Process? Over the last year, we have worked with our municipal and county leaders, patrons, staff, board, friends, and other county residents to create a community-based plan . In all, over 700 county residents provided their feedback to the Master Planning process, both patrons and non-patrons. A Community -based Plan tommunity Mllllbenl ' Maim Pl•n '\ ,,--Lmry Board """'\ Piltron1 & Advisory Board and Friend. Hon·patlon! \. ) .J ·1 Llnry Stiff 11¥nett Co1a1ty \ / l Anci•r Coat> l'ubHc Ubrl!ri t--1 Thret library :::: , ... _} ~- library Staff 1 ! ll.i11tr Planning Co111ty I/Jlliclp•I & Team Commi11ioners County Maniiffi What Vision and Mission Guided our Efforts? Our strong foundational Vision and Mission statements were enhanced to meet our community's priorities. HCPL Vision Statement Supporting the love of reading, the joy of lifelong learning, and the search for information, ideas, and knowledge HCPL Mission Statement The library's mission is to cultivate lifelong learning, empower individuals, and strengthen our community. 4 091619a HCBOC Page 102 WHAT WE LEARNED Our community is passionate about our county's storied history and our bright future! Over 700 people and county leaders participated in surveys, focus groups, and interviews to tell us that : Harnett County citizens are deeply involved in their community, including our libraries, faith organizations, community festivals, our county's parks and outdoor beauty, gardening, and creative arts • Our people find our libraries to be an integral resource tor education , community, and economic empowerment • County residents feel welcomed and valued by our professional library staff • In a changing world, people find the answers they need within our libraries' collections, programming, and knowledgeable employees • The demand for exemplary library services and collections continues to increase, especially in the growing western part of our county 5 091619a HCBOC Page 103 SUMMARY OF GOALS & OBJECTIVES GOAL 1 GOAL 2 Empower the Economic Development, Student Success, and Personal Growth of Our Communities A. Strengthen support of our Entrepreneurs, Workforce, and Job Seekers B. Partner with local schools to enhance young people's 21st century literacy and life skills C. Fuel our county's passion for Reading, Personal Growth, and Learning Create Consistently Exemplary Patron Experiences A . Consolidate the county's branches into a unified library system B. Provide more hours of library access across the county C. Develop county-wide programming for children, teens, and adults D. Bring library resources to where people are 6 091619a HCBOC Page 104 SUMMARY O F GOALS & OBJECTIV ES GOAL 3 GOAL 4 Create Library Spaces that are Welcoming to All A . Enhance our library grounds, buildings, and interiors B. Grow collections of materials of cultural relevance and significance C. Configure spaces to provide flexible learning environments equipped with cutting-edge technology D. Develop a Western Ha rnett Library Branch Develop and Build Strategic Collaborations to Strengthen the Library and our Communities A . Partner with county government and organizations to develop a "One-Stop Shop" for patrons B. Identify additional outreach venues through partnerships C . Seek collaborative opportunities to showcase the best of ou r community 7 091619a HCBOC Page 105 SUMMARY OF GOALS & OBJECTIVES GOAL 5 Build a Collaborative and Supportive Work Environment that Encourages Innovation A . Build library staff and institutional capacity to innovate B. Challenge employees to respond creatively to library opportunities and challenges C . Utilize rigorous analysis of user data to provide a positive patron experience __ ......, A~I• .,.,,0-1&,..nh ........ c..,,, ... , 8 091619a HCBOC Page 106 GOAL 1 Empower the Economic Development, Student Success, and Personal Growth of Our Communities A. Strengthen support of our Entrepreneurs, Workforce, and Job Seekers • Serve as a hub of information and assistance for job seekers and local businesses • Offer on-demand computer training and job training assistance • Partner with Small Business development agencies to link companies with financial and business support • Provide flexible spaces for meetings and conferences 8. Partner with local schools to enhance young people's 21st century literacy and life skills • Expand efforts to instill a love of reading and learning from babies to teens • Work with Teen Advisory Board to develop compelling teen materials and programs, such as "Maker Spaces" or Teen Game Rooms • Partner with public, private, charter, and early college schools and homeschoolers to: ( 1 ) provide books to children on regular basis; (2) offer supplementary curricula materials; (3)offer access to library databases through school ID; (4) offer Life Skills classes C. Fuel our County's Passion for Reading, Personal Growth, and Learning • Build community around Harnett's love of books and book-related programming • Partner with community organizations to offer information and classes to support personal growth • Develop additional literacy-based and educational programming to meet community needs 9 091619a HCBOC Page 107 Harnett County is growing, and we need dynamic entrepreneurs and skilled workers. Some families lack inte rnet access, and our libraries are critical resources for connecting people to today's workforce opportunities. Our citizens told us they look to the library for more hands- on computer classes and job search support. Free small business coaching and support, and flexible spaces for small meetings, would support our workforce. The library may offer online links to Small Business Administration opportunities and loans. We met dozens of parents who find the library 's children's books and programming indispensable to developing their child's love of reading. Staff members want to create programming to keep teens Just as excited about the library. Serving the needs of the homeschool community as well as schools can continue to bring books and programming to young people through multiple venues . Longer term, the library will conside r a partnership with Harnett County Schools utilizing NC Cardinal's Student ID Project in itiative which provides K-12 st udents access to electronic resources including onl ine research databases, e -books , and e - audiobooks. Harnett's people have dynamic and varied interests that the library and its partners are well-positioned to serve! Our community seeks library classes on Health and Wellness, Cooking, Gardening, Genealogy, Financial Planning/Money Management and other topics . To fuel our community's love of reading , the library may consider Author Events, book- related Movie Nights, and additional community reading programs. GOAL 1 10 091619a HCBOC Page 108 GOAL2 Create Consistently Exemplary Patron Experiences A. Consolidate the county's branches into a unified library system • Establish Consolidation Planning Team to develop unified policies and procedures • In consolidated county system, increase programming, personnel, and branch book budgets while preserving local autonomy B. Provide more hours of library access across the county • Consolidation may budget for additional personnel to support increased hours at all branches C. Develop county-wide programming for children, teens, and adults • Under consolidated system, supplement local programmi ng through coordinated Children's, Teens, and Adult programming from main branch D. Bring library resources to where people are • Consider implementation of "Pop-Up" libraries as independent locations or at partner locations across the county • Purchase bookmobile to provide services across county l l 091619a HCBOC Page 109 Consolidate the 6 branches into a unified Harnett County Public Library System. We frequently heard that patrons expect an outstanding and consistent experience in every branch of the library. Nearly half of all respondents ranked the purchase of more books and additional programming and events as top priorities. Many staff and citizens wanted more library hours. Today, the Main library offers many "back office" services and systems to the branch libraries. With consolidation, Harnett's citizens would benefit from economies of scale that allow for expanded collections and staff. Additionally, consolidating library expertise and resources would lead to more effective deployment of library staff and assets throughout the county. At the same time, local flavor would be maintained as branch libraries continue to select collections based on their local patrons' needs . With increased staffing, branch libraries would be able to offer more hours of service, which would especially benefit working families. Children's, Teen, and Adult Programming at the Main Branch could be expanded to supplement each of the branch libraries' programs . Main Branch staff could rotate among the different libraries on a set schedule each week. GOAL2 12 091619a HCBOC Page 110 GOAL3 Create Library Spaces that are Welcoming to All A. Enhance our library grounds, buildings, and interiors • Enhance or develop new library branding and logo for all branches • Increase street signage at branch locations • Consider funded, pro bono, or volunteer committee options for refreshing library branch landscaping, grounds, or interiors 8. Grow collections of materials of cultural relevance and significance • Increase collections of materials related to the interests of 2017 Community Survey respondents • Consider offering unconventional items for checkout, including those related to patron interests and educational needs, such as gardening tools and microscopes (if liability considered) • Grow collections in the languages of new residents C. Configure spaces to provide flexible learning environments equipped with cutting-edge technology • Replace older furniture and tables/desks with flexible options to meet needs of varying groups • Update all libraries to provide access to contemporary technology and innovation D. Develop a Western Harnett Library Branch • Short-Term: Establish 2,000-5,000 square foot library in rental facility near family-friendly organizations • May supplement with 1-2 "Pop-Up" libraries in area • Medium/Long-Term: County may build 8,000-10 ,000 square foot stand-alone library or build county government center including library branch 13 091619a HCBOC Page 111 -I . Harnett COUNTY LIBRARY Establish a Western Harnett Branch. Nearly 48,000 people in western Harnett live without local library service; many are over 15 miles from the nearest branch . The success of the Boone Trail Recreational Library shows the demand for and value of a western library branch . Nearly 16% of our survey respondents were residents of western or southwestern Harnett. Most emphasized the great need for library services . We met one grandmother who drove 45 minutes each way to take her grandson to Storytime every week. In addition to meeting demand, a new branch can be a good long-term investment for the county. Research suggests that a $1 investment in library services can accrue a $4.99 return on investment to a community. Recognizing the time and expense of building a new branch, we suggest both short and longer-term solutions . The need is too great to wait. Key to the proposed branch's success is easy accessibility, ideally near other family-friendly establishments . In the short-term , a 2,000-5,000 sq ft branch might be sited • NC87 near future YMCA • Spout Springs Shopping Mall near Highland Middle School • Centennial Parkway near Lexington Woods and future Rainbow Rascals Day Care In the medium/long-term, the county may consider building an 8,000-10,000 sq. ft . standalone library or developing a western county government services building , which includes a library branch . While utilizing county land is most cost-effective, the location should be in a high-use corridor or one anticipating future growth . GOAL3 14 091619a HCBOC Page 112 GOAL4 Develop and Build Strategic Collaborations to Strengthen the Library and our Communities A. Partner with county government and organizations to develop a "One-Stop Shop" for patrons • Consider partnerships and joint programming with county agencies and nonprofits • Dedicate a kiosk to information regarding government or nonprofit services • Host a "Government/Nonprofit Services Day" to disseminate information about agencies • Offer monthly free legal clinics through local partnerships B. Identify additional outreach venues through partnerships • Seek opportunities and partnerships to enhance early childhood initiatives • Identify partner spaces to offer programming and outreach C. Seek collaborative opportunities to showcase the best of our community • Partner with county organizations to deliver library programming throughout community • Seek partnerships to display community's artwork or other projects 15 091619a HCBOC Page 113 Especially in rural counties, partnering to share expertise and resources makes the most of precious assets . Harnett is fortunate to host numerous government, nonprofit, and private organizations which enrich the lives of our citizens. However, in a county so vast, getting to various locations involves significant time and effort. The library may wish to position itself as a "One- Stop Shop" for information on services available to county residents . The library might invest further in strategic partnerships with county agencies, including health, social services, veteran serv!ces, schools, youth services, economic development, etc. to educate and support residents. At the same time, the library's expertise may enhance early childhood efforts of various organizations , particularly reading and literacy. The library may also help parents of young children to get linked to other services . Partnerships with other agencies, such as county parks, theaters/art spaces, day care/senior care facilities, can offer outreach and programming outside the library's doors . Our citizens enjoy celebrating their community. The library might showcase displays of local artists' work, student art work, Science Fair winners' projects, etc. With some planning, the library might host small performance art shows. GOAL4 16 091619a HCBOC Page 114 GOALS Build a Collaborative and Supportive Work Environment that Encourages Innovation A. Build library staff and institutional capacity to innovate • Seek out or develop cutting-edge professional development opportunities for employees • Increase staff to meet county's demands for new services and programming, especially with Consolidation and Western Branch • Acquire new space to house additional staff as needed B. Challenge employees to respond creatively to library opportunities and challenges • Tap into staff expertise to manage development of protocols, policies, and systems to manage new demands C. Utilize rigorous analysis of user data to provide a positive patron experience • Conduct periodic public opinion research to identify new community needs • Continue ongoing analysis of circulation trends to target patron preferences & needs • Strengthen outcomes for library users by utilizing data and information gathered from patron satisfaction surveys 17 091619a HCBOC Page 115 Our six libraries' staff are the core strength of our library system. Many people spoke warmly of the HCPL employees, praising them for their knowledge and professionalism. The challenges of evolving service demands, as well as potential Consolidation and the development of a Western Harnett branch, will rely heavily on staff expertise. To support staff, HCPL may seek out or create innovative professional development that equips employees with the technical skills and knowledge to navigate these challenges. Additionally, the library may budget for additional staff to support demands for more hours of service and increased "back office" support. Just as the Staff Master Planning Team provided critical insights to the development of this plan, employees possess a wealth of knowledge that can support these transitions . Harnett County Library already collects and analyzes significant patron data. The library may wish to continue collecting user preference and satisfaction data in the form of surveys, focus groups, or interviews on an annual or biennial basis in order to stay informed of changing demand. GOALS 18 091619a HCBOC Page 116 KEY PERFORMANCE MEASURES As a state-funded library, the Ha rnett County Public Library system already collects significant data which can be utilized to measure implementation effectiveness . At a baseline, we would recommend review of the following performance metrics . Performance Metrics (by library branch) Circulation • By New Patrons and Active Borrowers • Holds sent/received Intra- Harnett and through Cardinal • Items Added/Deleted Programming Attendance • Children's Programs • Children's Attendance • Young Adult Programs • Young Adult Attendance • Adult Programs • Adult Attendance • Meeting Room Programs • Meeting Room Attendance • Programs by Branch • Attendance by Branch Staff Productivity • Door Count • Hours Open • Reference Questions Answered • Tech/Computer Questions • Job/Career Questions Patron Satisfaction • Patron Satisfaction Surveys • Patron Evaluation of New Programs • Staff Satisfaction • # New Patrons Outreach (OR) • Children's Programs • Children's Attendance • Adult Programs • Adult Attendance • # New Partnerships Technology Utilization • PC Reservation Sessions • Envisionware Print jobs 19 091619a HCBOC Page 117 KEY IMPLEMENTATION MILESTONES To begin implementation of key recommendations, we recommend the following high-level milestones/metrics based on the Master Plan Approval date, with timing to be adjusted as county priorities, library staffing, and budgeting allow. Key Implementation Recommendations Consolidation • Finalization of Financial Step-Down (75-50-25) • Final proposed budget and staffing plans • Agreement among Municipal and County Officials • County Commissioner Approval • Hiring of new staff as needed • Transition of branch employees to county • Establish Staff teams to develop uniform Policies & Procedures • Development of Library Programming expansion · plans/schedule • Consider refreshing HCPL "brand" • Full Implementation of Consolidation Western Harnett Branch • County Commissioner Approval of Western Harnett budget • Establish Staff Team/Board to support expansion • Development of proposed budget & staffing plan • Site selection/negotiation for short-term rental location • Selection of retrofit vendors/contractors • Retrofit space as needed for library use, including technology • Consider Long-Term configuration (Stand-alone library or part of government complex) • Consider Site Selection for proposed configuration • Develop Request for Proposal & select Architect • Finalize configuration and site selection • Develop Request for Proposal for Bids • Selection of construction Vendors • Building of configuration Proposed Date Month 3 Month 4 Month 6 Month 6 Month 9 Month 9 Month 10 Month 11 Month 12 Month 12 Month 3 Month 3 Month 4 Month 6 Month 6 Month 9 Month 12 Month 15 Month 18 Month 24 Month 26 Month 30 Month 36 20 091619a HCBOC Page 118 ' KEY IMPLEMENTATION MILESTONES To begin implementation of key recommendations, we recommend the following high-level milestones based on the Master Plan Approval date, with timing to be adjusted as county priorities, library staffing, and budgeting allow. Key Implementation Recommendations Strategic Partnerships • Establish Staff Strategic Partnership Committee • Develop list of potential governmental, nonprofit, faith, business, etc. partners and/or venues through which to expand library programming and outreach • Identify locations in library to promote "One-Stop Shop" for information about county services • Develop list of benefits to partnering with library, perhaps brief brochure • Contact organizations to discuss potential partnerships • Meet with local organizations to promote partnerships with library • Continue to work with partners to expand programming opportunities Build Staff and Institutional Capacity • Provide ongoing updates to staff re status of implementation, especially of potential Consolidation & Western Branch • Establish Staff Development Committee • Canvass staff and managers about training and development needs • Work with State Library or other libraries to identify training resources • As needed, increase budgets for training • As needed, increase budgets for staffing & space • Provide training to staff • Locate/negotiate space for additional staff • Hire new staff as needed to support transitions • Canvass staff and managers re ongoing support Proposed Date Month 1 Month 2 Month 3 Month 4 Month 6 Month 6 ongoing Month 1 Month 2 Month 3 Month 6 Month 6 Month 6 Month 9 Month 9 Month 10 ongoing 2 1 091619a HCBOC Page 119 ADDITIONAL RESOURCES Research reviewed in the course of this Master Plan includes the following: • US Census Data, US Census Quickfacts • Harnett County GIS (https ://gis.harnett.org) • Pearl C. Akanwa, "Public Library Services to Children in Rural Areas," Library Philosophy and Practice, 2013 • Paul T Jaeger and Kenneth R Fleischmann, "Public Libraries, Values, Trust, and E-Government," Information Technology and Libraries, 2007 • Brian Real, Ph.D., and R. Norman Rose, "Rural Libraries in the Untied States," American Library Association, 2017 • Nicolle Steffen et al, "Public Libraries - A Wise Investment," Library Research Service, 2009 Background information regarding the community stakeholder research is also available upon request. Please note: Illustrations on pages 6-7 ore courtes y of Creative Commons. 22 091619a HCBOC Page 120 Board Meeting Agenda Item Agenda Item _4~.-£..ffl__.._ __ MEETING DATE: September 16, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: School Resource Officer Program Memorandum of Understanding (MOU) REQUESTED BY: Administration REQUEST: Administration requests approval of the School Resource Officer Program Memorandum of Understanding (MOU) between the County of Hamett, Hamett County Board of Education, and Hamett County Sheriffs Office. The MOU outlinese the responsibilities and expectations of all parties involved related to the location of School Resource Officers in the elementary schools within the Hamett County Schools system. This MOU will stand in place of the previous MOU, which was approved by the Board of Commissioners on June 17 , 2019. This updated MOU clarifies requirements related to Qualifications of SRO (Article II, Section 1), and the Term and Termination of the MOU (Article VII). FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION : C:\Use rs\gwhee le r\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\OZMK66X9\SRO MOU Agenda Reque st 2.docx Page l of l 091619a HCBOC Page 121 SCHOOL RESOURCE OFFICER PROGRAM MEMORANDUM OF UNDERSTANDING (MOU) This Memorandum of Understanding ("MOU") effective September 9. 2019 is made and entered into by and between the Hamett County Board of Education (hereinafter referred to as the "Board"), the governing body of the Hamett County Schools (hereinafter referred to as "HCS"), \the County of Hamett (hereinafter referred to as the "County") and the Harnett County Sheriff's Office (hereinafter referred to as the "HCSO"). WITNESSETH: WHEREAS, the Board, County , and the HCSO recognize the benefits of the School Resource Officer Program to the citizens of Hamett County, North Carolina, and particularly to the students, parents, and staff of the public school system of Hamett County, North Carolina; WHEREAS, the Board desires to have County and the HCSO provide School Resource Officers to certain schools within the HCS; WHEREAS, County and the HCSO are willing to provide School Resource Officers to certain schools within the HCS; and WHEREAS, it is in the best interest of the Board, County, and the HCSO, and the citizens of Hamett County to establish the School Resource Officer Program as hereinafter described. NOW, THEREFORE, in consideration of the promises and covenants of the parties herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Board, County, and the HCSO do hereby agree as follows: Article I Purpose, Goals and Objective, and Governing Principles This MOU outlines the goals and guiding principles as agreed to by and between the Board, County, and the HCSO in order to foster an efficient and cohesive program that will build a positive relationship between law enforcement officers, school administrators, parents, and the students in HCS. A School Resource Officer Program is hereby established in the public school system of Hamett County, North Carolina to promote a safe and secure environment on the campuses of HCS . The ultimate goal of the School Resource Officer Program is to provide a safe, inclusive, and positive learning environment for all students and educators. School policing is intended to promote a safe, welcoming, and inclusive environment for all students, staff, and other members of the school community while recognizing that sworn police officers have constitutional, statutory, and professional standards by which they are Page 1 of 13 091619a HCBOC Page 122 bound . The parties agree that in compliance with the law, the parties shall administer the School Resource Officer Program established under this MOU without discrimination against any person on the basis of sex, gender, gender identity, race, color, religion, national origin, age, or disability. In particular, under no circumstances will any representative of any of the parties engage in any conduct in violation of state or federal anti-discrimination laws in their interactions with students, including, but not limited to, any retaliati on for reporting, alleging, or filing complaints concerning any alleged discrimination. Article II Duties of the HCSO County, through the HCSO, sha11 provide School Resource Officers (each, an "SRO," collectively "SROs") as follows : 1. Qualifications of SROs. The HCSO shall assign regularly employed law enforcement officers to serve as SROs in certain HCS schools. Each assigned SRO will be a certified law enforcement officer by the State of North Carolina and must complete a 40-hour School Resource Officer training course through the North Carolina Justice Academy or through the Harnett County Sheriffs Department and obtain Crisis Intervention Training (CIT) certification through the Hamett County CIT training program. If an officer does not possess SRO training and/or CIT certification at the time of assignment, the HCSO will ensure that the officer participates in any necessary coursework to receive the training and certification at the next available course offering . 2. Assignment of SROs. SRO positions shall be filled by the HCSO's directives and selection process. SROs should have no substantiated evidence of harassment, discrimination, disproportionate minority contact, improper use of force, or other serious performance issues in their work history that would make the officer inappropriate for performing duties as a SRO. In addition, SROs should have positive experience working with youth and/or in a school setting, and should be willing and able to serve as mentors for students. HCS may provide feedback to the HCSO regarding SRO selection. The HCSO shall ensure that all SROs participate in an orientation process conducted in collaboration between the HCSO and HCS to provide an overview of the School Resource Officer Program and review HCS policies and procedures. 3. Assignment of SRO Supervisor. The HCSO shall designate a regularly employed law enforcement officer to supervise the assigned SR Os and to coordinate the functions of the SRO Program with the Superintendent or designee. The duties of the SRO supervisor shall include: coordinating work assignments of the SR Os between various campuses; ensuring SRO compliance with directives and policies of the HCSO and the HCS; coordinating SRO scheduling and work hours (vacation requests, sick leave, etc.); and addressing concerns and complaints regarding performance and conduct of SROs in collaboration with HCS and in accordance with HCSO protocols. 4 . SRO Trainings. The HCSO shall ensure that its SROs maintain minimum in-service training and certification requirements as would normally apply to all other certified Page 2 of 13 091619a HCBOC Page 123 5. 6. 7. 1. officers in the HCSO in addition to any training and certification required under this MOU. SRO Guidance Sessions. The HCSO shall require all SROs to attend HCS or HCSO orientations and guidance sessions designed for SROs that may occur periodically during the school year, so long as the scheduling of the guidance sessions offered do not conflict with assignments from the HCSO. Such guidance sessions shall be designed to provide resources to SROs on topics relevant to the School Resource Officer Program, such as: working with students with disabilities and special needs; student records and privacy issues; cultural competency and nondiscriminatory administration of school discipline; positive behavior interventions and supports; restorative justice and alternatives to incarceration programs; and mediation and conflict resolution processes with students. Repeated failure to attend guidance sessions without a valid reason or proper notice may be grounds for the Superintendent to request removal of a SRO pursuant to Article VI herein. Other law enforcement officers who supervise SROs will be strongly encouraged to attend such sessions. SRO Work Hours and Absences. The HCSO shall not utilize the SROs during the designated workday for duties other than set forth herein, except in emergency situations that necessitate removal of one or more SROs from their normal duties pursuant to this MOU. In the event a SRO is temporarily unavailable on campus due to training, illness, approved leave, court hearing, or other reasons, the HCSO shall notify the principal in advance and provide a replacement officer, whenever possible. The HCSO agree to use all reasonable efforts to prioritize the assignment of replacement officers at high school campus sites. Reporting. At least quarterly, the HCSO agrees to provide to HCS reports of the aggregated number of referrals (reported by race, gender, and school assignment) ofHCS students by the SRO to the adult criminal justice system, juvenile petitions, teen court referrals, and/or referrals to any formal mediation program. Article III Board Expectations of the SRO While Serving on School Property SRO Work Hours, Uniforms. and Visibility on Campus. The SRO shall remain on the school grounds during normal school hours, except when necessary to attend to a law enforcement emergency, to attend any meetings or trainings described in this MOU, or on _ limited occasions to attend to official law enforcement business off-campus. With the exception of emergency situations out of the SRO's control, the SRO shall give the SRO supervisor and principal or designee reasonable advance notice of any times when the SRO is not expected to be on campus during normal school hours, and the HCSO will provide replacement officers to the extent possible in accordance with Article II, Section 6 of this MOU . The SRO shall wear the official law enforcement uniform or other apparel issued by the HCSO at all times while serving on Board property and shall make best efforts to maintain high visibility at all times when practical and safe to do so, especially in areas where incidents of crime or violence are most likely to occur. The Page 3 of 13 091619a HCBOC Page 124 SRO shall, whenever possible and in accordance with guidance from the school principal or designee, participate in or attend school functions during the SRO 's regular duty hours in order to assure the peaceful operation of school-related programs. Security services for extracurricular activi ties held outside of school hours shall be addressed, if necessary, through a separate contract between the Board and each HCSO for law enforcement officer services. 2 . SRO Mentoring and Outreach. Each SRO shall conduct himself or herself as a role model at all times and in all facets of the job; shall seek to establish a strong rapport with staff, faculty, students, and others associated with the school; and shall encourage students to develop positive attitudes towards the s chool, education, law enforcement officers, and positive living in general. 3. a. Interaction with parent and faculty groups. The SRO shall be strongly encouraged to attend meetings of parent and faculty groups to solicit their support and understanding of the School Resource Officer Program and to promote awareness of law enforcement functions during the SRO's regular duty hours. b. Information on community resources. The SRO shall be familiar with community resources that offer assistance to youths and their families, including but not limited to mental health clinics and drug treatment centers, and shall provide information on such resources to students, parents, and/or school administrators when appropriate. In addition, the SRO shall provide information to the school principal, students, and parents regarding additional resources offered by community programs or organizations providing afterschool and summer programs and opportunities for youth. School Discipline. The school administrator shall be solely responsible for implementing the student Code of Conduct and discipline policies. The school administration, not the SRO, has primary responsibility for maintaining order in the school environment and for investigating and responding to school disciplinary matters. The SRO shall refer any reports or concerns relating to student discipline to the principal or designee and shall not independently investigate or administer consequences for violations of the Student Code of Conduct or any school disciplinary rules. The SRO should generally not have any further involvement in routine disciplinary matters, such as tardiness , loitering, noncompliance, the use of inappropriate language, dress code violations, minor classroom disruptions, disrespectful behaviors, and other similar minor infractions of school rules. School officials shall only request SRO assistance when necessary to protect the health and safety of staff, students, o r others on school property. a. Searches . The SRO shall not conduct or participate in searches of students or their belongings in school disciplinary investigations unless their assistance is requested by school personnel to maintain a safe and secure school environment. b. Interrogations . The SRO will not be involved in questioning of students initiated and conducted by school personnel in disciplinary matters unless requested by the Page 4 of 13 091619a HCBOC Page 125 school personnel to maintain a safe and secure school environment. If the SRO's presence is requested under these circumstances, the SRO shall confine his or her involvement to what is reasonably necessary to protect the safety and security of members of the school community and shall not lead the investigation or actively question students. 4. Joint Law Enforcement and School Discipline Investigations . In cases where school disciplinary investigations and law enforcement investigations into criminal activity overlap and relate to matters affecting health or safety ( e.g., when both the school administration and SRO are investigating matters related to the presence of drugs or weapons on campus), it may be appropriate for school administrators and SROs to work in tandem. In such events, the criminal investigation takes precedence over school disciplinary issues. In such circumstances, the SRO shall be mindful of and clarify his or her role as a law enforcement officer conducting a law enforcement investigation when interviewing student witnesses, particularly students suspected of criminal wrongdoing. The SRO shall also adhere to all appropriate laws and standards governing law enforcement investigations and not assume that laws and standards that govern school disciplinary investigations will also apply to him or her in the course of conducting a criminal investigation. 5. Law Enforcement Actions and Safety Interventions. The SRO may initiate appropriate law enforcement actions to address criminal matters, including matters that threaten the safety and security of the school or its occupants, and/or intervene with staff or students (with or without a referral from school staff) when necessary to ensure the immediate safety of persons on school property in light of an actual or imminent threat to health or safety. Any such intervention shall be reasonable in scope and duration in light of the nature of the circumstances presented and shall be reasonably calculated to protect the physical safety of members within the school community, while minimizing, to the extent possible, any unintended negative effects on students. All law enforcement actions and interventions to protect the safety of others shalJ be consistent with all applicable laws, regulations, and policies. Use of force may be implemented pursuant to HCSO procedures and protocols as well as all applicable laws, if objectively reasonable based on the totality of the circumstances, and shall not be excessive, arbitrary, or malicious. The SRO also shall, whenever possible, advise the principal before requesting additional law enforcement assistance on campus and shall request such assistance only when necessary to protect the safety or security of those present on school property. a . Investigations and Arrests. Criminal investigations and arrests by SROs will be conducted in accordance with all applicable legal requirements, including all applicable laws, regulations, and policies governing the use of force, interrogations, searches, and arrests. The SRO shall promptly notify appropriate school authorities whenever the SRO asks a student questions of an investigative nature or takes any direct law enforcement action against a student. However, notification may be withheld until deemed appropriate by the SRO if such notification would endanger a student or any other person, or compromise an ongoing criminal investigation. The appropriate school authorities shall promptly Page 5 of 13 091619a HCBOC Page 126 notify the parent(s) or guardian(s) of: any student suspected of criminal wrongdoing; whenever a SRO asks a student questions of an investigative nature; or takes any direct action against any student suspected of criminal wrongdoing. SROs and school administrators shall collaborate and determine how such notice should be given in each individual circumstance. SROs shall comply with Miranda and juvenile Miranda rules whenever applicable in the course of questioning individuals suspected of criminal wrongdoing. If a SRO questions, searches, or arrests a student at school, all reasonable efforts will be made to remove the student from other students and bystanders or otherwise to not bring undue attention to the student. b. Searches. SROs shall be aware of and comply with all laws and standards regarding searches of persons and property while performing services pursuant to this MOU. In particular, SROs shall be aware of the differing standards governing searches by law enforcement officers for law enforcement purposes as compared with searches by school administrators in connection with student discipline. At no time shall any SRO request that any HCS employee lead or conduct a search of a student for law enforcement purposes. c. Interrogations. In cases where the parent(s) or guardian(s) cannot be reached and any questioning of a student is conducted without parental notification, the school principal or designee must be present during the questioning unless the SRO directs otherwise for safety or investigative reasons. Presence of the principal/designee does not in any way impact the SRO's duty, if applicable in the situation, to comply with the student's Miranda or juvenile Miranda rights. At no time shall the SRO request that any HCS employee act as an agent of the SRO or law enforcement in any interrogation. d. Non-school Investigations. The SRO shall refrain from questioning students at school regarding non-school related matters unless the SRO has a warrant or unless questioning, searching or arresting a student on school property at that time is necessary, in the discretion of the SRO, for the success of a law enforcement investigation or to prevent injury or crime. 6. Confidentiality and Access to Student Records. The SRO shall comply with all applicable laws, regulations, and Board policies, including, but not limited to, laws, regulations and policies regarding access to confidential student records, provided that SROs shall under no circumstances be required or expected to act in a manner inconsistent with their duties as law enforcement officers. The SRO may have access to confidential student records or to any personally identifiable information of any HCS student as defined in 34 CFR 99.3, only to the extent allowed under the Family Educational Rights and Privacy Act (FERP A) and applicable Board policies and procedures . SROs shall not automatically have access to confidential student records or personally identifiable information in those records simply because they are conducting a criminal investigation involving a student or for general non-specific purposes. School officials may, however, share relevant confidential student records and personally Page 6 of 13 091619a HCBOC Page 127 7. 8. 9. identifiable information contained in those records with SR Os under any of the following circumstances: a. The SRO is acting as a "school official" (as it relates to accessing student records) as defined in 34 CFR 99.31 because he or she is exercising a function that would otherwise be perfonned by school personnel and has legitimate educational interests in the infonnation to be disclosed . For example, a SRO may be authorized to review the Behavior Intervention Plan of a student with a disability if the principal or designee has requested the SRO's assistance in deescalating physical conflicts and ensuring the physical safety of the student and others when the student becomes involved in interpersonal conflicts. b. The SRO has written consent from a parent, guardian, or eligible student to review the records or infonnation in question. c. The principal or designee reasonably detennines that disclosure to the SRO without parental or guardian consent is necessary in light of a significant and articulable threat to one or more person's health or safety. d. The disclosure is made pursuant to a valid subpoena or court order, provided that advance notice of compliance is provided to the parent, guardian , or eligible student so that they may seek protective action from the court, unless the court orders the existence or the contents of the subpoena or the information furnished in response to the subpoena to not be disclosed . e . The information disclosed is "directory infonnation" as defined by Board Policy 4700, and the parent, guardian, or eligible student has yet to opt out of the disclosure of directory infonnation. f. The disclosure is otherwise authorized under FERP A, its implementing regulations, and applicable HCS policies and procedures . Communication between SROs and ·Principals. The SRO is expected to meet with the school principal and members of the administrative team designated by the principal on a regular basis, both formally and infonnally, to discuss school safety concerns, duties, and responsibilities. Development of School Safety Plans. The SRO shall report any safety concerns to the school principal or designee and shall confer with the school principal to develop plans and strategies to prevent and/or minimize dangerous situations on or near the campus or involving students at school-related activities. The school principal will contact any other school system personnel who should be involved in these discussions. SRO Guidance Sessions. The SRO shall attend all orientations, meetings, and information and guidance sessions scheduled during the SRO's regular duty hours as Page 7 of 13 091619a HCBOC Page 128 requested by the HCSO and/or HCS in accordance with Article II, Paragraph 5 herein set forth . Article IV Duties of the Board and HCS 1. Provision of Office Space and Access to School Community. The Board, Superintendent, and school principals agree to provide to each full-time SRO: a . Access to suitable accommodations at the school; b . A radio/cell phone (depending on what is customarily issued by HCSO); c . Keys to the assigned school; and d. Reasonable opportunity to address students, teachers, school administrators, and parents about criminal justice, safety, and security issues relating to school-aged students. 2. Referrals to the SRO. Maintaining order in the school environment and investigating and responding to school discipline matters shall be the responsibility of the school administration. School administrators are expected to adhere to the student discipline procedures outlined in applicable state and federal law and Board policies. HCS shall refrain from involving the SRO in the response to student disciplinary incidents and the enforcement of disciplinary rules that do not constitute violations of law, except when necessary to support staff in maintaining a safe school environment. HCS shaJl provide training to school administrators regarding the role of the SRO and the appropriate involvement of the SRO in student matters that pose a threat to the safe school environment, at least on an armual basis. Such trainings shall include information on how to distinguish between disciplinary infractions appropriately handled by school officials versus threats to school safety that warrant a referral to law enforcement. 3. Communication between SROs and Principals. School principals are expected to meet with SROs on a regular basis, both formally and informally, to discuss school safety concerns, duties and responsibilities. The Board authorizes principals to report any crimes that occur on campus to the assigned SRO in compliance with all applicable state laws and Board policies that require school officials to report criminal acts occurring on school grounds to law enforcement. 4. SRO Guidance Sessions. HCS shall coordinate an orientation for SROs at the start of the school year, to discuss an overview of the School Resource Officer Program and review HCS policies and procedures. HCS also shall host, in collaboration with the HCSO, an annual summit of SR Os and school administrators to discuss issues relevant to the School Resource Officer Program and operations. At least one administrator from each school with an assigned SRO shall attend the summit. In addition, HCS shall offer additional guidance sessions and resources to SROs on topics relevant to the School Resource Officer Program that may occur periodically during the school year, such as working with students with disabilities and special needs; student records and privacy issues; cultural competency and nondiscriminatory administration of school discipline; positive behavior Page 8 of 13 091619a HCBOC Page 129 interventions and supports; restorative justice and alternatives to incarceration programs; and mediation and conflict resolution processes with students. 5 . Data Collection and Reporting. HCS, working in conjunction with SROs, shall maintain data listed in Article II, Section 7 herein and other data on school-based discipline referrals that result in involvement with a SRO and/or law enforcement and review such data on an annual basis , including, but not limited to, the following information: a . The name of the staff member making the referral; b. A detailed explanation of circumstances that led to the referral, inc)uding a description of the conduct, the setting, and names and roles of any staff members or SROs/law enforcement involved in the incident; c . The name, race, ethnicity, sex, age , disability status , English Language Learner (ELL) status, grade level of the student(s) being referred, and all other students involved in the incident; d . Whether the referral to law enforcement was mandatory under G.S. l l 5C- 288(g); and e . A summary of the actions taken as a result of the incident (e.g. based upon the school administrator's knowledge, whether the student was questioned, searched, or arrested on campus by law enforcement). In addition, principals are expected to maintain documentation of all notifications received pursuant to G.S. 7B-3101 regardingjuveniles who are alleged or found to be delinquent and shall preserve the confidentiality of such documentation in accordance with G.S . 1 ISC-404 . 6. Review of SRO Program. T he Superintendent of HCS or his/her designee shall collect feedback from principals at least annually regarding the SRO program and provide feedback to HCSO regarding the SRO program and the performance of SR Os on an annual basis. Article V Financing .the School Resource Officer Program The Board agrees to enter into a separate agreement with County, which is incorporated herein by reference as though fully set forth herein, to address the assignment of SR Os to specific HCS schools and payment for SRO services during each fiscal year . The terms of any separate agreement shall not be inconsistent with the terms of this MOU . In the event of any conflict between any separate agreement regarding SRO services and the terms of this MOU, the terms of this MOU shall prevail, except that the agreement will prevail only with respect to the issue of payment for SRO services. Notwithstanding the foregoing, continuation of the School Resource Officer Program shall be contingent upon available funding from the HCS and County. Page 9 of 13 091619a HCBOC Page 130 Article VI Employment Status of SROs; Suspension or Reassignment Each individual SRO assigned to the specific HCS schools identified in the separate agreement pursuant to Article V of this MOU shall remain an employee the HCSO, and shall not be an employee of the Board. The HCSO shall provide their SROs with the same type benefits, equipment, supplies, and training as that provided to their regularly employed law enforcement officers. If, in the discretion of the school principal, a SRO is not effectively performing his or her duties or responsibilities, and/or receives a complaint from a staff member, student, or parent about actions of the SRO, the principal shall report concerns to the SRO supervisor to address the perfonnance concerns. In the event concerns continue or persist, the principal shall recommend to the Superintendent of HCS that the SRO be removed from the program, and shall state the reasons in writing. After receiving the recommendation from the principal, the Superintendent or his/her designee, ifs/he agrees, shall advise the HCSO of the request. The HCSO shall contact the HCS or his/her designee and shall agree to remove the SRO from serving HCS if, upon review by the HCSO, there is verifiable, documented evidence of ongoing performance issues that persist despite the SRO being provided notice and an opportunity to improve . ln addition , if the principal documents SRO misconduct that threatens the health or safety of students or staff, HCS will immediately notify the SRO supervisor and provide copies of such documentation, and the HCSO shall promptly remove the SRO from serving HCS until the completion of the HCSO's review of the alleged misconduct, consistent with the HCSO's policies and ordinances and this MOU . In the event of the resignation, dismissal, removal, or reassignment of a SRO, the HCSO shall provide a replacement for the SRO within a reasonable period of time, to be discussed between the parties when a vacancy occurs. During such interim period, as much as reasonably possible, the HCSO shall assign an alternate law enforcement officer temporarily to carry out the duties of the SRO until a replacement can be secured. The HCSO agrees to use all reasonable efforts to prioritize the assignment of replacement officers at high school property sites. Notwithstanding the foregoing, nothing in this MOU shall prohibit the Superintendent from preventing the access of any individual, including any assigned SRO, to Board property if the Superintendent determines it is in the best interest of the health and safety of HCS students. Likewise, the HCSO reserves the right to suspend a SRO from duty with the HCS . During any period of suspension under this section, the HCSO shall provide a replacement SRO pursuant to Article 11, Section 6 herein set forth. Article VII Term and Termination of MOU The term of this MOU shall begin on September 9, 2019 until terminated by a party to the memorandum as set forth herein. Any party's participation in this MOU may be terminated by that party, with or without cause, upon 90 days written notice to the other parties. In the event that public funds are not available and not appropriated for the performance of the obligations under this Agreement, then Page 10 of 13 091619a HCBOC Page 131 th.is Agreement shal1 automatical1y expire without penalty to any of the parties upon written notice of the non-appropriation of public funds. Article VIII Notice Any notice, consent, or other communication in connection with this MOU shall be in writing and may be delivered in person, by mail , or by facsimile transmission (provided sender confirms notice by written copy). If hand-delivered, the notice shall be effective upon delivery. If by facsimile copy, the notice shall be effective when sent. If served by mail, the notice shall be effective three business days after being deposited in the United States Postal Service by certified mail, return receipt requested, addressed appropriately to the addresses set forth below: I. To Board: Harnett County Schools Attention: Superintendent 1008 South 11th Street Lillington, North Carolina 27546 To County Paula Stewart County Manager Post Office Box 759 Lillington, North Carolina 27546 With copy to: Christopher W. Appel Senior County Staff Attorney Post Office Box 23 8 Lillington, North Carolina 27546 ToHCSO Wayne A. Coats Hamett CoW1ty Sheriff Post Office Box 399 Lillington, North Carolina 27546 Article IX Miscellaneous Provisions Sex Offender Registry Checks. The parties acknowledge that the requirements of G.S . l 15C-332. l apply to this MOU. The HCSO shall conduct an annual check of all sworn law enforcement officers assigned as SROs on the North Carolina Sex Offender and Page 11 of 13 091619a HCBOC Page 132 2. 3. 4. 5. 6 . 7. 8. 9. Public Protection Registration Program, the North Carolina Sexually Vio]ent Predator Registration Program, and the National Sex Offender Registry. The HCSO certifies that no individual may provide services to Board under this MOU if he/she appears on any of the sex offender registries . Relationship of Parties. County, the HCSO, and the Board shall be independent contractors, and nothing herein shall be construed as creating a partnership or joint venture; nor shall any employee of either party be construed as employees, agents, or principals of any other party to this MOU. County maintains control over its personnel and any employment rights of personnel assigned under this MOU shall not be abridged. Each party agrees to assume the liability for its own acts or omissions, or the acts or omissions of their employees or agents, during the term of this MOU, to the extent pennitted under law. Governing Law: Venue. This MOU shall be governed by the laws of the State of North Carolina. The venue for initiation of any such action shall be Harnett County, North Carolina Superior Court. Amendments and Modifications: Additional Policies and Procedures. This MOU may be modified or amended by mutual consent of the parties as long as the amendment is executed in the same fashion as this MOU . Notwithstanding the foregoing, the parties may develop additional policies and procedures by consent to implement this MOU, including but not limited to policies and procedures regarding reporting requirements and sharing infonnation between HCS, County, and the HCSO. Further, each party -may develop internal policies and procedures to implement their respective obligations under this MOU . Entire Agreement. This MOU constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral , relating to the subject matter of this MOU. Severability. In the event that any provision of this MOU shall be invalid, illegal, or otherwise unenforceable , the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired thereby. No Third Party Benefits. There are no third party beneficiaries to this MOU. Nothing in this MOU shall create or give to third parties any claim or right of action against County, the HCSO, or a SRO. Counterparts. This MOU may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together constitute one and the same instrument. E-verify. All parties shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, "Verification of Work Authorization/' and will provide Page 12 of 13 091619a HCBOC Page 133 documentation reasonably requested by any party to this MOU demonstrating such compliance. IN WITNESS WHEREOF, the parties hereto caused the MOU to be executed on their behalves . COUNTY OF HARNETT Gordon Springle, Chairman Hamett County Board of Commissioners ATTEST: Margaret Regina Wheeler , Clerk HARNEIT COUNTY SHERIFF'S OFFICE Wayne A. Coats, Sheriff ATTEST: Page 13 of 13 091619a HCBOC Page 134 Board Meeting Agenda Item Agenda Item __ 4.a......::N~-~ MEETING DA TE: September 3, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Approval to purchase 3D Crime Scene Equipment REQUESTED BY: Sheriff Wayne Coaats REQUEST: Sheriff Coats is requesting to purchase a 3D Crime Scene program (software and haardware) from Faro Technologies for a package deal price of$ 72,717.44. Sheriff Coats will fund this purchase with Federal Asset Forfeiture funds. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: D:\2 0 18 20I 9\agendaform201 9 rad ar units.docx Page I of I 091619a HCBOC Page 135 FARO. --30 VISIONARY FARO Technologies Inc 250 Technology Park Lake Mary FL 32746-7115 Phone No: (407)333-9911 X 1205 Fax No: Email: Cynthia.Clarke@faro.com Bill To: Harnett County Sheriff Office PO Box 399 Lillington NC 27546-0399 us Remit to: FARO Technologies , Inc. P .O . Box 116908 Atlanta, GA 30368-6908 Ship To: Harnett County Sheriff Office James Lanier 175 Bain St Lillington NC 27546-5143 us *PURCHASE ORDER MUST BE RECEIVED BY 03/29/19' Qty Item No. 1 LS-8-S-70 Description 3D_HW_LS_FocusS 70 Laser Scanner FocusS 70 ships with : 1x FocusS 70, w ith HOR photography, with GPS , compass, altimeter (barometer). dual-axis compensator, WLAN. IP rating 54 , 1 x Battery Power Block, 1 x Battery Power Dock, 1x 90W Power Supply, 1x Optic Cleaning Fluid , 3x Optic Cleaning Tissues. 1 x 32GB SD card, 1x SD card reader, 1x SD card cover. 1 x rugged transport case, calibration certificate, 1 year manufacturer guarantee and a quick start guide. Please notice : the lead-time may take up to 10 weeks or more after receipt of written order. Page: 1 Quotation No: 20239124 Quote Date: 01/18/2019 Expiration Date: 03/29/2019 Regional Manager: Dennis Sweet Account Manager: Scott Gershowitz Sales Support: Cynthia Clarke Ship: Ground Payment Terms: Net due in 30 days with approved credit Del ivery Terms: EXWORIGIN Delivery Date: 4-6 Weeks Unit Price Discount Ext. Price 29,279.16 0.00 j 29,279.16 PURCHASE AGREEMENT AND C ONDITIONS OF SALE Customer will pay any federal . slate and local taxes. All conditions of sale, sel'Vlce and warranty as described in FARO slandard purcha se conditions currently on file wilh FARO are made as part of this Quotation and are incorporaled herein by reference (02FRM522). DR12 PLEASE REFERENCE FARO QUOTE NUMBER ON ALL DOCUMENTS. BY REFERENCING FARO QUOTE. CUSTOMER AGREES TO SAID TERMS AND CONDITIONS AS LISTED ON FARO QUOTATION. 091619a HCBOC Page 136 --~-------- FARO. Page : 2 Quote no. 20239124 --30 VISIONARY Qty Item No. Description Unit Price Discount Ext. Price 1 TR-SCN-POS Laser Scanner Tr. -FARO Fae. -0.00 0 .00 0.00 Inc Three-day course for two (2) tra inee at an approved FARO training facility that discusses LS operation , setup, and basic measurements . NOTE : Classroom tra inings are limited to six (6) trainees and are scheduled on a first come, first served basis . Classes can be canceled within two weeks of the scheduled date if sufficient enrollment is not met. NOTE: Training will expire if not taken within 90-days of receipt of equipment. No charge item appl icable only with purchase of Laser Scanner. 2 S0FTS0900 3D_sw_sc_scene 3,693 .50 0.00 7 ,387 .00 v FARO SCENE Software. Process, register, view and work on 30 Laser scan data . Includes 1-year of software maintenance 2 S0FTL0002 Single User Hard Lock 120.90 0.00 241 .80 ,J Hard lock (USB Dongle) for one single user license . Software licenses purchased separately. Can be used together with SCENE , CAM2, FaroZone or As-Built Software products. ·..; 1 ACCSS800 1 3D_AC_LS_Fo cuss Battery 436.90 0.00 436 .9 0 Power Bl ock Power Block battery for FARO Focus S and Scan Localizer 091619a HCBOC Page 137 FARO. --3D VISIONARY Qty Item No. 1 ACCSS6005 1 ACCSS0299 1 TR-SCN-POS-FOR-0 1 S0FTL0002 1 S0FT51002-XG D 1 COMP0123X64 Description 3D_AC_LS_Carbon Fiber Compact Tripod High-level carbon fiber tripod for Focus3D X 330 and Focus 30 X 130. 'OPEN MARKET' 80Mm Koppa Target Set WI Trajec tory Rods A combination set of 12 80mm targets -6 magnetic base targets. 6 trajectory mount. Includes 6 1/4" x 10" aluminum, magnetic base stand-off rods . All shipped in a plastic storage crate . OnSite Forensics Cust-Site Upg. 5 Day Additional travel and lodging fees may be requ ir ed for trav el outs ide the US and Canada.# 'OPEN MARKET' Single User Hard lock Hard lock (USB Dongle) for one single user license. Software licenses purchased separately. Can be used together with SCENE, CAM2. FaroZone or As-Built Software products. FARO Zone 30 Advanced Crossgrade Customer loyalty pricing for existing FARO software customers who want to switch to FARO Zone 3D Advanced with point cloud compatibility. Includes one (1) year of maintenance. VR Ready Notebook High-end notebook computer. Contact your FARO representative for current specifications . Unit Price 1 ,150.00 1,015 .56 9,130 .00 120.90 1,205.98 3,208 .89 Page : 3 Quote no. 20239124 Discount Ext. Price 0.00 1 .150.00 0 .00 1 ,015 .56 ./ 0.00 9 .130.00 0.00 120.90 ../ 0 .00 1 ,205.98 ../ 0 .00 3,208.89 ./ 091619a HCBOC Page 138 PARC, Page: 4 Quote no. 20239124 --30 VISIONARY Qty Item No. Description Unit Price Discount Ext. Price 2 SMA0900-3Y 3D_MA_SC_SCENE 1,939.44 0.00 ./ 3 ,878.88 Maintenance_3Y _STANO Maintenance for SCENE software. Extents the 1 year standard maintenance by 3 years. Scope of service according to the conditions of the SCENE maintenance contract. 3 SMA51002 FARO Zone 30 Advanced 768.02 0.00 2,304.06 v' Maintenance FARO Zone 30 Advanced annual maintenance renewal includes product updates and upgrades (as available), including top tier technical support for one (1) year . Customer must be on the most current software release to purchase this plan. 1 SWS-FCS-3Y 3D_I/IIA_LS_FocusS 6,508.75 0.00 6,508.75 ,./ Warranty_3Y _STAND Three-year Standard warranty extension/renewal includes (3) Calibration and Certification, repair parts, labor, shipping back from a FARO Service Center. 1 SP-01 3D_HI/II_SP _ScanPlan 6,981.98 0.00 6,981 .98 ./ Handheld mapping device to quickly capture 20 floor plans . fncfudes ScanPfan, battery, USB Data Link Cable, smartphone adapters, hard sided-<:ase. Includes a 12 month warranty. Requires a smartphone. J 1 S0FTL0001 Single User Soft Lock 0.00 0.00 0.00 Soft lock for one single user license. Software ticenses purchased separately. Can be used together with SCENE, CAM2 , FaroZone or As-Built Software products. ./ 1 S0FT51000 FAROZone20 241.80 0.00 241.80 Quickly create 20 diagrams for investigations and pre-incident planning. Includes one (1) year of maintenance. 091619a HCBOC Page 139 FARQ --30 VISIONARY Authorized signature: ;(\6'.j ('.. l"ic<-~ Name:~ l. (11.c{li,\.\ Oa.te·. ~--Jq Order Total: Shipping Total: Total In USO: Page: 5 Quote no. 20239124 73,091.66 0.00 73,091.66 091619a HCBOC Page 140 FARO --· 3D VISIONARY Qty Item No. 1 SWS-FCS-1Y-R 1 SMA0900-1Y-R 1 SMA51002-R • _, 'II '.' ' Suggested Optional Items Page:6 Quote no. 20239124 Description . • t '.: 1 : • • • ' ~ Unit Price '·oiscount 3D_WA_LS_FocusS Warranty_ 1Y _ STAND_R 1-Year Standard warranty extension/renewal Includes (1) Calibration and Certification, repair parts, labor, shipping from a FARO Service Center. 'OPEN MARKET' 3D_MA_SC_SCENE Maintenance_ 1Y _STAND_R (Renewal) Maintenance for SCENE software. Extends existing maintenance by 1 year. Scope of service according to the conditions of the SCENE maintenance contract. FARO Zone 3DAdvanced Maintenance Renewal FARO Zone 3D Advanced annual maintenance renewal includes product updates and upgrades (as available), including top tier technical support for one (1) year. Customer must be on the most curre nt software release to purchase this plan. Unit Price 4,840.0.0 -'. -· · .. 0.00 4,840.00 828.67 0.00 828.67 766.02 0.00 766.02 091619a HCBOC Page 141 FARO. ---3D VISIONARY Additional Information QUOTE TERMS To acairalely and prompUy process you, order. the f1:141cwing lnformetion is ~uired v.tth your Pun:hase Order. 1. Pun:heso Order Nl6l'ber (PC#) 2. 8'11 To AND Ship To Address (even~ lhey are lhe same) 3. FARO Approved Payment Terms 4. Prepay and Add Freight CNrges OR Colle~ (\Nilh your shlppm Account#) S. MeOlod of Shipment (Best Way, Ground, Overnight. 2DAY) 6. FOB Origin or Destination (lo: GSA end Waminty ONLY Customers) 7. FARO Quoto Nuncer 8. PO Signed end Dated 8. Ship To Slate Tax Exemption Ccrtifteate OR ccJcnowieogomont lo char-go tax 10. Sl;nod Credit App!ir;alion (Now Customers ONLY) OU<>ted delivery terms are con!ingent upon timely receipt of all above listed Items. CALIBRATION CAPABILmEs ..,. Page:7 Quote no. 20239124 FARO meets th e calibration requl'8ments CJf ISOA EC 17025:2005 for USB Anns, Bluefoolh Gage, Gages, 30 lmager, lLP Md la..,, Trac:ke,s. Our capabllltios are Dsted .., our 1sonec 17025:2005 Scope ot Acued~auon and mig))J \'31)' by Joca"on. Tho ,cope of each JocaUon c.a., bo ~ssod from I/le FARO websila. CAUBRATIONSTANDAROS USB Alffls end Bluotooth Gago ere c;alibrated In ac:eordanc,, with ASME 989.4.22-2004. Other Gage Models erecam,raled In a<a>rdanoa wilh ISO 10360-12:2016. 30 lmager are ulibr.it&d In attOrdanc:e with VOWOE 2634-,;2012. Lo~r Trackers are c.>llbr.l\ed in eeconlance w,1/l 689.4.111-2006' os requested bV the Customer. 'Part II 960-02589 • System Calibrelion Is en additional calibl31ion process lo our Pelt# ACC.00. Slandard Cal1brotioo. Ouantun SIM Arm.sere cal ibrated In sccordanc.e with ISO 1036M2;2016. DECISION RULE For B89 C..librafon. FARO fo(lowo l•e rocorm,endation of !he ASME 889.4.22~004. Appendix J , In tho appficeflon or Iii• dedston I\Jlo to testing rowsi.. Thi• eppondlx states "!!89 standards thal adopt ,L>ndards referencing ISO 14253-1 ae a normative standard shall e,cplicidv stale• difleron1 dedslon rule, "1\en, !ho 4;1 $1111)1& accaP1anc:e and rejection rut• from 689.7.3.1 Shall be the d&1aul1 rule \lt\less a differen1 rule Is ,pecifiod." For ISO 10380-1i;2016 <:alibrotion, FARO folla,,s lhl• SlaMard's rea;um>endsllon , ln!R>dudion Clause, In I/le applceCon CJf 1/led~ISlon rule to t8$1Jng results. This dause &111\es that 'lhe defaUlt deaslon Nies gi•an In ISO 14253-1 apply to tpedftcaUons made In accordance with !hi$ port ol ISO 10360, untou olhorv.1so Indicated." The rolovantdocis!on Nie In ISO 14253-1:1998 ls given In Clause 5.l, "Rule for pral'!ng CICl!fomtMco 1til/l sped~c;;iLJont.· FARO olso fol/ow, lh/s doclsiM rule a~n9 10 tho rsconunenoa~on of VOI/\IOE 2634-2:2012. Mnox 4.3.5. CUSTOMS and ElfPORT CONlROL D•llvffi•• ol lhoso good>lproducu. sol!wafla. tod'.nolog!es. l<naw-1\CJW.lnlnsfcr to <>(her C>:>Ut'ltrtes (e.11. embargo•) or to other receivers can be subject to euth<)rlzaton or may b<l prohibited. US-o~g;n goods/produt'\i, ,ottw3re, ledulcJo~I••. luu,w-1,ow.uansf&r or produds whl<n lncJude 10/25 % US-Ol1gln. en, llablo to US.E:.<port-AdmlrJslnllion Regulatl<>ns end cowd b& sut>joct to eUlholizlrtlon or-, be proh'.bifed . GSA QUOTE Pricing, tom,s end condifons per GSA conl/8cl GS.07F-197GA E,q,lrallon al conueet 9/28no22. 091619a HCBOC Page 142 Page: 8 Quote no. 20239124 GSA STANDARD TERMS AND CONDIT IONS OF SALE AUTHORIZED FEDERAL SUPPLY SCHEDULE PRICE LIST ~~~sfoR,?s'f' 84 • TOTAi. SOLUTIONS FOR LAW ENFORCEMENT. SECURITY, FACILITJc:S MANAGE',IENT, FIRE, RESCUE, CI.OTHING. MARINE CRAFT AND EMERGENCY/DISASTER SPECIAL ITEM NUMBER 426-4N. Criminal Investigative Equipmenl and Supplies 425-99 -lnlrodu<tion ol N.w SeN>ce5/PIOducls Related to Law Enforument and SG«.:rity Equipment FARO TECHNOLOGIES, INC Faro TecMOlc,sl .. , lno. 250 Techlology Pall< Lake Mary, FL 32746 T: 407-333-9911 F: 407-333-4181 wwwJaro.ccm Cont rac:, NU'llber. GS.07F,197GA Period Covered by C<lntract 9!2{1/2017. 9/2il/2022 General Services Adminlsvati on Federa l Acqulsltioo Ser.ica ~~~~~·;;! F~:::.~ t~~t~~ ~".~::."'~~~·~.,Fg~S..J:~i:r~~~!r:~~~~!'.~:~·· .,. 8!so avallatlo on the GSA Advantage System. Agencies can br.-e GSA Advenlage by INFORt.'ATION FOR ORDERING ACTIVITIES 1. GEOGRAPHIC SCOPE OF CONTRACT: Domestic oel,very is delivery within the 48 contiguous states, AJaska, Heweil, Pueno Rico, Washir.gton, DC, and U.S. T enitortes. Domestic delivery also lndudes o port or consolidatlol\ poin~ wilhn the ;t."oromor\tiOr'led ilfoa.s, for orders re<:et'Jed from oversee, adivities. Oveneas delivery Is d•J,very to points oulsido cl th e ~8 c;ontiguous states. Washington, DC, Alsska. Hawaii, Pueno Rico, ona u .s. Tenitotioa. Olfero,.. am requested to thacl< one or tho lollow,ng bo)(8s : l.J T!w Geographic Sc;ope of Contract will be domestic and over,eas aalivery. TM Geographic Scope of Contract wiU be oversoa& del lvery only. J The Geographic Scope of Contract will be domest ic delivery only. l. COtlTAACTOR'S ORO:RING AOt:RESS ANO PAYMENT INF 0RMA110N: Loci<box Add<·es. Faro T edlnolOQies, Inc. PO Sox 116900 AUenta . GA Co ntractor must eecept tho ctellit c,,rd lor payme nts equal to or leu then the micro-purchase !or oral or v.Tlnen order5 111der 1h16 contract The Con!rador end the ordering agency may agree to use the credit card lor dollar rur.ounts over tho mi~urthose t/V'eshold (Seo GSAR S52.2:l2-79 Peyment by Credit Card. Win, tran sfe r [nfOffllafon cen bs obtained from lho locel sa1 .. represenlB5ve or the accounUng depanmenL J, LIABILITY FOR INJURY OR DAMAGE The Contrac:1or shall not be liable for any 1n;ury to ordering activity per5onnel or da.i,oga lo ordering activity propef1Y en,rng from the use of eqlJlpment maintained by tho Contractor. unle$S suth inµy or damage Is due to tile rault or n egli gence ol the C011tractc r. 4. STATIS TICAL DATA FOR GOVERNMENT ORDERING OFFICE COMPLETION OF STANDARD FORM 279: Bl~k s : G. Qrd0t/\loclifioallon Undl!I Federal Sthc<lule Block 16: Daill Universal Numboring System (OU~S) Number. 61-730-8929 Bloe~ 30. Typ o ol Con1tac:1or # C A. Small D,sadventaged Bus iness 8. Other Small Bus iness C. L argo Busteess G. Other Nonprofit OrganiZ3lion L. Foraign Controctor BIOCk 31: Woma n-Owned Small Businen -NO Bloek 36: Contractofs Taxpayer ldent ificaijon Nurr.ber (TIN): 59-3157093 4a. CAGE Co<le: OVGY2 4t. Contrac:1or has reg lslered wii~ 11\e Coniral Ccntractor Registration Dstabaso. 5. FOB OESTINAT(ON G. DELIVERY SCHEOUlE a. TIME OF OE LIVERY: The Contrac:1or •hall deliver to dosUneUcl\ wi!hL1 tho nurr.ber of calendar days after rocc!pt ol order (ARO). a• .. , tor.h bel ow: SPECIAL ITEM NUMBER DELIVERY TIME (Days ARO) 42(;-,IN 3().45 Days 4 26-99 J l..15 Cays b . URGENT REQUIREMENTS: When !/le Federal Supply SthodlJ/e contrae1 deliv•ry period does not meet !/le bona fide urgent delivery requirements of al\ ordering ectiv.ty, ordering ectivitles are enco ..-aged, II time permt•, IO c;ontact the Contraaor fer the pur;ose of ebtaln!ng 11CCA>lerated delivery. The Contractor 1hall re ply lo lhe Inquiry wilhln 3 workdays er.er re~lpL (Telephonic rePlies merr be con fi rmed by the Contracior ill Wilting .) II U1e Co_nl/actor ollcr, an oc.uleraled delivery time e,;c,iptable to Cho ordering oelivity. any order(s) placed pvrsuant to lllo agre,,d upon aoeelerated dolivery Um& Ira me shaTI bo dolivered will1in this shorter del ivery Ume and In ee<:<>nlanco .,;th all Othertonns and cond;tic~s ol tho contract. 7. DISCOUNTS: Plices sh"""1 are NET Price,; Ba sic o;,counts have been d&duded, a. ProfTl)t Payment Net 30 Days from ree<>ipt of lnvo!~ or date of ecceptaoce b. Quan tity nono e. Oo:lar Vo/U/Tl6 nooo d. Government Educa1i«lel rns~tutions Seme o. Otner ncne 091619a HCBOC Page 143 e . TI\ADE AGREEMEms ACT OF 1978, es amended; 9. SMAU REQUIREMENTS : The m/ni<r.um dollar value of orders to be Issued is $100.00. 10. MAXIMUM ORDER (All dollar amounts are excJusl-,a or eny o,scount for ptompt payment) a. Tho Maximum Ortler value lot Oio fo11ow1ng Sfe<>/al ltom Numbers (SINs) Is $200,000.00: m:i~: i;;l:o~~k~";~;~:!se~~:d~~ fi'fi~:~J lo Law Enfor,:emen1 and &leurily Equipment 1 t. ORDERING PROCEDURES FOR FEOER"1. SUPPLY SCHEDULE CONTRACTS Page: 9 Quote no. 20239124 ~=~:.Clivitles shall un lllo ordoring procedi.7es of Fe~eraf Ac:quisitiOI\ RegulaUOI\ (FAR) 8,405 Wilen placing an order or eslab!lshin9 a BPA for supplies or seNiees. These procedures epply to ell 3, FAR 8.40S-1 Ordering proced ures for suppi,es, and sc"'1cas not requlriog a swemcni alw<>lk. t>. FAR 8.405-2 Ordering procedures for serv1cas requiring a statement of """'1<. 12. CO.VTRACT ADMINJSTRATJON FOR OROERJNO ACTIVITIES: fVtf ordering ecUvlty, With respaci ID any one ormora doRvery orders pieced by It ender this conuact. may oxcrase llle sam8 n!lhls of termna1ton as m/ghl the GSA C<lntracling Olllcor un<1er provi,10/\s of FAR 52.212-4, paragraphs (I) Termin•tion hlr 11\e ortlorlng acUvity'• COOl'<ln!•nc:e, and (m) TerninaUOI\ for Cassa (See 52.2124) 13. GSA ADVANTAGE! GSA Advanlaga! Is on 011-i ine. inlerectivo electronic i'1formaUon end ordering sys1om that provides on~lno acc&ss to vendor>' schedulo IJrlc,is with ordering Information. GSA Advan18gel ""111 a!low 1110 user lo perform veri<>u• searches across all ainllec1s Including, but nd. ll mited to: l1l Man:.iradtKer, 2 Manutadure(s Par1 Number; and 3 Prcaua categories. Agoncies can brawS& GSA A<1V8/\tage! by accessing IJ1e lnt•m<>I WO/ld Wide WOD IIIJ1izina a l>row•er (ax.: IE. Olfllmu). ThO tntemet addre'5 ls hllj>:11\wN/.guadvanlage.gov 14. PURCHASE OF OPEN MARKET ITEMS NOTE: Op•n Ma/lee! Items are also known as Incident.el Items, ncncontra<:1 Items, no""Schodule Item•. al'ld ilems not on a Federal SuPPly Schedule contract OOCs (0-Jler Direct Cost£).,.. not part of this cc nvact and should be lleal&a as open man<et purchases. on:ering Adillities P<OCU!V19 opon market l!ems rrust toRow FAR 6.402(/). Fo, e(min•lralive convenience, on 0<dering acfivity conlla.ting olfic:er may add ilems not on I/lo Federal Supply MutUple Award Schedule (MAS)-rererred ID e.s open mail<et Items -toe Federal Supply S<:t!edete blanket purchase agre ement (BPA) or an IOdivtaual ta s\ or delivery order, only If. (I) NI applicab:e acquisition niQVlaUans pert.,;rvn~lo the putehase or Ule ltow not on !he Federal Supply Schedule have beon ionowoa (e.g., publicizing (Pan 5), compoti!lon ro,µrements (Part 6), acquisition <If Cllf!Vnerdat Items (Part 12), conl/3tl!ng methods (Parts 13, 14, and 1~). and Small buslneu prog<311\$ (Pan 19)); (2) The ord.,ing activity conltaoijng officer ha, determned the pfica for the items not on lhc Federal Supply Schedule ls lair and roasooable; (3) The items oto d&ar1y labeled on !he on:ar as items not on the Fodera! Supply S"'8dufe; Bild (4) All dau,es epplic:eb!e to items not on !he Federal S..ppCy Sc:hedulo ere lnduded In the 0<der. 15. CONTRACTOR COMMITMENTS, WARRANTIES ANDREPRESENTATJONS a. For the porpose or this oontracL cOIM'litme nt>. wam,nties and representaUOl\s lndude, In addition to those s!l(e<ld to for the enUro •cnedute co~tract (1) Tirne of detivoryfinstallation qeotaUons for ina,vtdual ordan;; (2) Tecmical rep~sentetions ond/o, warranti es or pl1)dUcts concerning pe:fonnan~. lotal system po!lc:msnco and/or coMguration, physleal, detlgn and/or lun<tionol chaladerlstrc;s end capabilites ar s product/equlpmenl/ soNico/sollwan> package ,u~rrmed In response to requirement• wr.ct, re,ult In ord•rs under this S<hcdule convact (3) PJly reprvsont.ttions anct:o, warranties conc&mlr>Q 11>0 pTodUdS made In any Meiature, descnp~on, do'awtngs and/Cr specificatlons lllmtshed by the Contractor, b. Th e above ls not ir'ltended to encompass items not currcnuy covored t,y the GSA S"1edule i:ootract. 16. OVERSEAS ACTIVITIES The terms and conditions ol lhis cont.rec! shal l 3PPIY to all order, fo r lnsta llatiOr\ main:enenca and repair a! equipment In ereas ll•tod in Ille pricelis1 o\Jlsldo the 48 contiguous states and the District or Colurr.bla, &xcept as Indicated below: NOT OFFERED ~!~~t,?~ ~r~!~~n~~~~~~u~~J~.8s~~=,PJ~f1,~ ~~~g~~i:e,.;~~i~•s ~~~cal'~~~~.;Jr.~~ci~%1~ :::.~b~~~'iy~:<i:J::r~~~~~n5., ~~~o:~~~ftt~! o1 lhisconllact • 17. BLANKET PURCHASE AGREEMENTS (B PA>) Tho use ol BPAs undor any selledu!e contract to f.11 repo6tive needs (or SU1lplios or seNic:es I• allowablo. BPAs may be esl ebt.ohed ""111 one or""'"' scheaue conuac1or1. Tho number or BPAs to be es!4blishe<2 is ,.;thin ti><> disaetion or lhe ortlering Beti>ity oslabllshing I/le 8PA snd should be based 0/\ a stretegy lhet Is •"!>ected to ma,drrize lhe effectivonoss of the SPA(•). Ordertng act:llities •hall follow FAR 8.405-3 wlle n croating end imjl!emen~ng BPA(•). \8. CONTRACTOR TEAM ARRANGEMENTS Contrsdo~ partieipaling in contrador team omingernenls must all/de by aU tenm end condi tion, or their respectisa co~trad._ This ir.oludes COn:f>lienco With <:louses SS2.23IH4, lndustri8l Funding Feo and Sales Ropcrting, I .e .. eacll contractor (team member) must repor1 safes end remit l/1& IFF rot all product, end seNlces J)(ovldod under Its lndivtdual contract. 19. SECTION 508 COMPUANCE. I cer1i1y I/lat In ec,:ortlance willl 508 of I/le Rehebililation Aci of 1973, as amended (29 U.S.C. n.4d), FAR 39.2, on~ I/lo ArcMectunsr and Transporta6on Barriers C<>frVJl/onca Board Secltoric and !mcrmaUor, Tecnnotogy (Ell) Acca,s tbl!:ty St.endards (36 CFR 1 \94) General S01"1ces Adrrinl$1r8oon (GSA), that all IT hacrt,,,ere/software/servrces are sos compliar,t z~,_x __ The""Ellslenda <d c:an be ""-'1d at www.Sec1ion508.gov1. 091619a HCBOC Page 144 20. PRIME co~TRACTOR ORDERING FROM FEDERAL SUPPLY SCKEOULES. Page: 10 Quote no. 20239124 ~~:\"J~~~~i~ ;d~r.imb=omont conlroots) placing onlero under Federal Supply SchedLI ... on t>enalr or an ordonng activity, shall tollow lho tocms of tile 91>plicablo schedule &NI aU\hol!i.aUcn (o) A copy of lhe &lAhorizetion !tom the ordering aeti1aty ..,;tt, whom the conl,,Jctor has lho prime contract (unless a copy was previously fumi,hed to !he Federal Supply Schedule <4nlrectcr); and (b) The fellowing statement Thi s order is placed tr.1derwri~on 8lJlhortzotion trom ___ dal&<i ___ • In Ille event ot any inoonsistency bolween lho terms a~d conditions ot this order :,nd I/lose ol your Feder:,) Supply Schoduta cor.tract. the latter w'!I govern. 21. SOFTWARE INTEROPERABILITY. Offeror. are encouraged lo ldonlity wllh/n their sollwllfll Items Dl1Y component interlaces IN!t suppon open standarll in!emperabillty. M ltem·s Interface may be f<lentilied as lnteropmbJe on the basis o! participation in a Government agency.sponsoll!<j program or In an lndependenl organization program. fnlolfat11s may b<l fdll!\',f'"d lly re!etent11 lo an ir.lOl1ate !8giS1erad In the ccn,pone111 n,g;s1ry located ot ht!p:/-..ccro.gov. 22. ADVANCE PAYMENTS A payment uncer this ocn!rac:t Jo provide a servtco or defiver an as1icie for the United Stales Government may not be more tt,an th& valuo or Jhe ser\'lce already prcvicle<I or tt>e a<tlcie i>lteacly delw~d. A<lvan<;e or pre-paym81)1 Is no\ aullio~zed or allowed uMer tnls =tract. (31 U.S.C. 3324) TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF 426,..,!N -Crimfnol lnvo,tigoUvo Ec;uipmenl and Supplies 426-99 • lnlfoduclion ot N<N1 Services/Pfoduels Related to l.&w En!o~rnen\ and Se<uity Equi~meot 1. MATERIAi. AND WORKMANSHIP Alf eQIJlpmont 1Umished he"1undar nu,st ssUsfaaooly perfocm the funcUon !Qr wtich ft ta Intended. 2. ORDER Written order&. EDI orders (GSA Advantagol and FACNETJ, credit card orders. and orders placed under blanket pu=• agroernenlsJBPA) sgreemenls sholl be tt>e basis f()( porchase in nccordance wtt, 1/16 p:oYislcns of lhis cor.traeL U time of delivery oxtell(Js beyond the e,cplration dale ot the ocntrac:l the <Antraotorwill bf! obll11ate to meet \he delivery anc! \!IS,ta~alian dlle specified In lh., 0!1ginal order. For cre dit card ort!er, and BPAs. tel!!phone or.Ser,; ,i,e permloslbla. 3. TRANSPORTATION OF EQUIPMENT FOB DESTINATION. Prices cover equipn:en1 delivery to deSCinaUon, for any fccauon within tho geograpriic scope ol tt>fs e4nJract. ~-INSTALLATION ANO TECHNICAL SER\JICES a. INSTALLATION. 'Mien the eo,uipmenl frovided under lh!s eon•.rac,. i, nal. nom\ally sel!-ln>lallalol&, lh&Contrae\Ol's tec!-nlcal personnel shall be avaUal>le to !he ordering ec<ivity, at !he ordering :~tl~~'.ocoUon, ,o inst.all lhe equpment end to train ordering activity personnel in the us& and maintenance of lt\e equlpmont. The chargos, i1 any, for suCh servi ces are listed belcw. or In the price SEI.F INS TALLATION b . 1NS1AlLA1 10t-l. DEINSTALLATION, REINSTALLATION. The Oavis-Beeon Ad (40 u.s.c. 276&-276a-7) provides that contracts in excess of $2,000 :o which the Un~ed States or the Oislffd of Colun'ble I• a party for construc\icn, alteration, or repa ir (including pointing end dccorallng) ot pub<ic buildings or public wo,x. w:th the Unlt.ed States, shell contain a cfau,e lhat no leborl!r or mechanic employed d.rectly upon the s~e of the won< shall recei ved less than lho pn,vliling wage rales as determned by the Seetelary or Labor. The requiremants al the Davis-Bacon Ad de not ~,y it the construction WOfk is inc.'dentsl to the h.lmishlng of supplies, equipment or seNices. for ax.ample, the raquirements do not appl)I to sl"lJfe Installation or alteraUon of a public building 0t Uc worlc lhat Is Incidental to h.lmlshin~ S1JPplies or equipment uMer a s1.4>ply contract. However, if tho construction, a!lereUon or repair Is segregable and """"eds $2,000, thon \he requirement~o!1!'8 ~·lis-6acon nt a~pliu . The ordering activity lssu'ng t/18 ta sk enter against this contract v.;11 be re~n<ibl• for proper administration and enforcement of the Fod8(al labor standards covered by the Oa-.is-Bacon ACI.. llle proper ~:~~:.·~;;~~~!::,';"Jr~~-~~ issc'8d by Ih a ortlenng ac~vity al ~mo a requ est fo, q>JCbtlcns I• ma<I• for apptlcablo c;onslrudlon classlfiad ln•t81to tion. de-lnotol!ation. ond re instaftotion c. OPERATING AND MAINTENANCE MANUALS. The Contractor shall furnish the ordering activity ..,;lh one (1) copy of all opera Ung and rna:ntenanco manual& wi,!ch are nc""3lly provided with lhe equipment being p...:has.ed. 5. tNSPECTIONIACCEPr ANCE Tho contractor sh311 orly tender rcr acceptance tt>ose Items tt>at ccnrorm to It>• requirements of tllls conttact Tllo oi.:artng ac1Mty reserves tho r1g.'>t to Inspect er rest ~ny equtpment thal has been tendered for ac<eplanco. The ordering activity rr.ay require repair orrepta eemenl of nonccnforming eqslpme nt at no lneteaso In contract price. The orderi ng activity must oxsrc:iso it• pest acc,,ptance rights fl) witt,,n a rea,onable Umo after the detect was discovered or should have be en discoveru:i; and (2) befora any substatltiaf change ocwrs In the condition o/ the item. unless the change Is duo to the de ect in the 1tefTl S. WARRANTI a. UrJe5' spocified otherw.se in this conlrad, Iha Conuae\o ~s .ianotai.: co:nnertial wenanly as slated In the controot's commordal pricelist wiD apply to this conttect. warmr.ty Coverage The limited weitanty co...ers d•l,icts \n m:,\etiel> and ·N<>l'l<lnenshlp In cur cu,torner.l' brand produc:ls or Other prooJCts sold by FARO to the customer. All pmd\lCIS sold by FARO wiU include a ol one year s:endord warranty under tt,is ccntract. This warranty can btl eatcl'lded Yi• pcstl1uing aclditiOn•I warranty cOV11rege wtule In the warranty period. b. The Contsoctorw3tr.lr.ts and ilf'!llics tha t tho items d<livorod hereunder oro mcrcl1D11tab!o ena fit for u,e for the panicular purpose described In this c;ontfact c. LhTiWUon ot liability. ~pt as o!herwise pmvid•d by en ""1>'0""' tms,lie<I weminty, th• Ccrtractor will not bo lialole 10 tho onfering actiYity tor consequenUal damages n,suWng lrom llrlY de!oct or defideocie~ in accepted ilems. d. It inspe~'/ro"~~·£,~\•kcsg~•:,~f~.~':;:~ t~~:'t::;t:". ~tptJ~r;:""d at tne Ccntrac1c(s plant the add ress is •• fellows: FARO Laser Tracker and ~ocL:S ao Scanner. 290 Nationel RlExton, PA 19341 7, PURCHASE PRICE FOR ORO~RED EQUIPMENT ~~~::~:!~~~ t.\'J~~ ~:~0~1,,~~l:Jo':i~:~~gl:t!tirJ:.:~ i!~~~i~ purchase p~ce in effect al lho Urn<> ot o:dor placement. or tho ordering activity pure/lase prico in offed o~ lhe 8. RESPONSIBILITIES OF THE CONTRACTOR The Contractor •hall comply with all 10 ... s, ordi nan:os, and regvlations (Federal, State, City or ctt>erwise) covering work o/ lhis character, and shalt Include 311 costs, H any, of sveh ccmp!lance Jn the prices quoted io thit offer. 091619a HCBOC Page 145 Septemb er 16, 2019 A PPO INTMENTS NEEDED ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE There are (5) vacancies on this committee. BOARD O F HEALTH There is (1) vacancy for an engineer position on this board . HARNETT CO UNTY BOARD OF ADJUSTMENT AGENDA ITEM 6 There are vacancies for al t ernate members representing District 3, 4, and 5 on t his Board . HARNETT COUNTY PUBLIC LIBRARY BOARD OF TRUSTEES Dre1U1an Fuller would like to be appointed to serve as Anderson Creek representative. ( a plication attached) HARNETT COUNTY REGIO NAL JETPORT There is one v acancy for a Hamett County Economic Development Council member. H I ST ORIC PROPERTIE S COMMISSION T here is (1) vacancy for D i strict 3 and (1) vacancy for an alternate on thi s committee. HOME AND COMMUNITY CARE BLOCK GRANT COMMITTEE Wanda Fike would like to b e ap_p oi nted to serve on this committee. ( apQlicatio n attach ed) Ther e is (1) vacan cy on this committee. NURSING H O ME COM MUNI TY ADVIS O RY COMMITTEE T here are (2) vacancies o n th is committee. S O UTHEASTERN ECO NO M IC DEVELOPMENT COMMISSION T here is one vacancy to serve on this board. 091619a HCBOC Page 146 Shannon Eason From: Sent: To: Subject: Board: Voting District: Name: Address: City: Zip Code: Telephone: Email: Years of Formal Education: Civic and fraternal organizations: Why you would like to serve: Electronic Signature: Agreement: Harnett Website Wednesday, September 11 , 2019 1 :50 PM Shannon Eason Application to Serve on a Board ~Harnett -~ :l COUNTY Web Site !!l!J,lnrr. Receio.t Hamett County Public Library Board of Trustees District 2 Drennan Fuller 45 Marian Ln Spring Lake 28390 512-659-3785 drennanx @gmail.com 19 none I wish to fill the Anderson Creek Public Library seat. Drennan Fuller I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms of Acceptance. 1 091619a HCBOC Page 147 Shannon Eason From: Sent: To: Subject: Board: Voting District: Name: Address: City: Zip Code: Telephone: Email: Years of Formal Education: Civic and fraternal organizations: Why you would like to serve: Electronic Signature: Agreement: Harnett Website Monday, August 26, 2019 10:08 AM Shannon Eason Application to Serve on a Board f7) Tro ,c y H <c,-:;>o -, q ~~Harnett :_xr...,-, C O U N T Y Web Site !!Jguirr. Recein_t Home and Community Care Block Grant Committee District 1 Wanda F Fike 943 Shawtown Rd Wanda F Fike Lillington 27546 9109880694 wffike@gmail.com 17 North Carolina Association of Educators Hamett County Association of Educators Dunn PAL-TUTOR Entre Nous Fayetteville NC New Providence Baptist Church-Scholorship Chairperson I want the opportunity to make a difference in the decision making process for my community. To stay current with issues and give back to the community as I am retired now and feel I can dedicate and commit to service. Wanda F Fike I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms of Acceptance. 1 091619a HCBOC Page 148 Board Meeting Agenda Item Agenda Item --7~-- MEETING DA TE: September 16, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Charge of 2019/2020 Tax Levy REQUESTED BY: William R. Tyson, Tax Administrator REQUEST: In accordance with NC G.S. 105-321(b), the Harnett County Board of Commissioners shall adopt an order directing the Tax Administrator to collect the taxes charged for the 2019-2020 tax year. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: P:\B0C\agendafo rm 201 9.do cx Page I of I 091619a HCBOC Page 149 Board Meeting Agenda Item Agenda Item __ -'8 ____ _ MEETING DATE: September 16, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Amendment to the Harnett County Personnel Ordinance - Bereavement Leave REQUESTED BY: Heather Pollard, HR Director REQUEST: Currently, employees are allowed to take up to three days of sick leave as time to be used for the loss of a family member. Hamett County Human Resouces rf'ese. vd-s ct n amend M e""'f t 1> the Hamett County Personnel Ordinance to include Bereavement Leave as a stand-alone policy to provide specific information that clearly defines this employee benefit effective 7/1 /2019, for all full -time County employees. If approved, this amendment would be inserted within the leave section of the Hamett County Personnel Ordinance and all reference to bereavement leave in the current sick leave policy would be removed. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\gwheeler\A ppData\Local\Mi cro soft\ Windows\INetC ache\Content.Outlook\OZMK66X9\BOC agenda req 9-16-19 Brv Lv poli cy.docx Page I of2 091619a HCBOC Page 150 Proposed Bereavement Leave The Bereavement Leave Policy, effective 7/1/2019, establishes uniform guidelines for providing paid time off to employees for absences related to the death of immediate family members and fellow employees or retirees of Harnett County. All full-time, active employees are eligible for benefits under this policy. This leave will be available on a calendar year basis from January through December. This leave will not carry forward from year to year and therefore is not payable upon termination of employment if not used . An employee who wishes to take time off due to the death of an immediate family member should notify his or her supervisor as soon as possible prior to using bereavement leave. At the discretion of the employee's supervisor or department head, verification for use of bereavement leave may be required. Paid bereavement leave will be granted according to the following schedule: • Employees will be allowed up to three consecutive workdays off from regularly scheduled duty with regular pay for the death of an immediate family member, which includes wife, husband , mother, father, brother, sister, daughter, son , grandmother, grandfather, grandson, granddaughter, aunts, and uncles. Also included are step-, half-, in-law, and loco parentis relationships. • Bereavement leave will be capped at no more than six workdays per calendar year. Additionally, an employee may use any available leave for additional time off as necessary, with their supervisor's approval. • Employees will be allowed up to four hours of bereavement leave to attend the funeral of a fellow regular employee or retiree of the County, provided such absence from duty will not interfere with normal operations of the department. 091619a HCBOC Page 151 Board Meeting Agenda Item Agenda Item __ q--11---- MEE TING DATE: September 16, 2019 TO: HARNE TT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Rezoning: Case# PLAN 1908-0001 REQUESTED BY: Development Services/ Jay Sikes REQUEST: Landowner/Applicant : Harold T. Butts, Jr; 10.3 acres (26.75 total acres); Pin # 0662-905908 ; From RA-30 to RA-20M; Harnett Central Rd; Neill 's Creek Township. Development Services staff reommends this rezoning request be APPROVED. The requested rezoning to RA-20M would not have an unreasonable impact on the surrounding community due to nature of similar uses in the area, as well as compatibility with Harnett County Land Use Plan. On September 3rd, the Hamett County Planning Board voted 5-0 to recommend approval of this of the application based on the similarity of adjacent zoning. No one spoke in opposition. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C :\U ser s\g wheeler\AppData\Local \M ic rosoft\ W indows\IN et Cache\Content. O utlo ok\OZ MK66X 9\CC _ B utts agenda for m.docx Page I of I 091619a HCBOC Page 152 r::, \ Harnett ~ (.-., C O U N T Y )_ NORTH (AROllNA REZONING STAFF REPORT Case: PLAN1908-001 Jay Sikes, Mgr. of Planning Services isikes@harnett.org Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: September 3, 2019 County Commissioners: September 16, 2019 Requesting a Rezoning from RA-30 to RA-20M Applicant Information Owner of Record: Name: Harold T . Butts Jr Address: 2191 Keith Hills Rd City/State/Zip: Lillington, NC 27546 Property Description PIN(s): 0662-90-5908 Address/SR No.: Harnett Central Rd/ SR#2215 Township: D (01) Anderson Creek D (02) Averasboro D (03) Barbecue D (OS) Buckhorn D (06) Duke D (07) Grove Applicant: Name: Harold T. Butts Jr Address: 2191 Keith Hills Rd City/State/Zip : Lillington, NC 27546 Acreage: 10.3 to be rezoned (26.75 total) D (09) Johnsonville D (10) Lillington D (04) Black River D (08) Hectors Creek ~ (11) Neill's Creek D (12) Stewart's Creek D (13) Upper Little River Page 1 of 6 STAFF REPORT 091619a HCBOC Page 153 Ph sical Characteristics Site Description: Site is currently vacant, farmland. The parcel is currently split-zoned; a 16.45 acres= RA -20M & 10.3 ac= RA-30. Surrounding Land Uses: Area land uses consist of individual single-family residences, agricultural land, a manufactured home park, and a mini-storage facility. Services Available Water: i:8]Public (Harnett County) 0Private (Well) D Other: Unverified Page 2 of 6 Sewer: D Public (Harnett County) 1:8] Private (Septic Tank) D Other: unverified Transportation : Annual Daily Traffic Count: "'790 Site Distances : good STAFF REPORT 091619a HCBOC Page 154 Zonin District Com The following is a summary list of potential uses. For all applicable uses for each Zoning district please refer to the UDO's Table of Uses. ~ . RA-20M RA-30 Page 3 of 6 - \ ' -- ~ I Parks & Rec Natural Preserves Bona Fide Farms Single Family Manufactured Homes Manufactured Home Parks Mu lti -Family Institutional Commercial Services Limited Retail Wholesale Industrial Manufacturing RA-30 RA-20M X X X X X X X X X (with design criteria) X X (with CUP) X (with X (with CUP) CUP) X (with X (with CUP) CUP1 STAFF REPORT 091619a HCBOC Page 155 Site Photographs Site Page 4 of 6 l ow Density Rcs,dcnt,at ZONING LAND USE RA -20M ARR Parks & Re c X X Natural Preserves X X Bona Fide Farms X X Sin9le Famil}'. X X Manufactured Homes, Design Regulated X Manufactured Homes X X Multi-Famil}'. (with CUP) I nstitutiona I Commercial Service Retail (limited with CUP) Wholesale Industrial Manufacturing Site & Hw 401 N STAFF REPORT 091619a HCBOC Page 156 Evaluation [g] Yes D 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. [g] Yes [g] Yes D Yes [gj No Page 5 of 6 REASONING: The impact to the surrounding community is reasonable, as the requested zoning district is the same as a portion of this property and is also immediately adjacent. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The request is compatible with the overall land use classification of Agricu ltural & Rural Residential since the request is to remain residential. Also, Ag & Rural Residential areas are often located outside of existing & future sewer services areas. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The request would maintain the public health, safety, and general welfare due to the existing residential uses within the area. The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Since a portion of this parcel is currently zoned RA -20M and is also adjacent to such, the application does not need to be considered for Smal l Scale Rezoning. STAFF REPORT 091619a HCBOC Page 157 Suggested Statement-of-Consistency (Staff concludes that...) As stated in the evaluation, the requested rezoning to RA-20M would not have an unreasonable impact on the surrounding community based on the similar, existing residential uses in the area as well as the same districts being part of this tract and immediately adjacent. Therefore, it is recommended that this rezoning request be APPROVED. Additional Information On September 3 rd , the Harnett County Planning Board voted unanimously (5-0) to recommend approval of this application based on compatibility to the Land Use Plan as well as the same districts being part of this tract and immediately adjacent. Pa ge 6 of 6 STAFF REPORT 091619a HCBOC Page 158 fS;-~ APPLICATION FOR ZONING CHANGE Harnett Planning Department 108 E. Front Street COUNTY P.O. Box 65, Lillington, NC 27546 NORTH CAROLINA Phone: (910) 893-7525 Fa x: (910) 893-2793 Total Fee: ---------------- Receipt: ---------- Permit: ----------------Hearing Date: Applicant Information Owner of Record: ---------------- Applicant: ~ Name: ~ Address: ' --------------City/St ate/Zip: E-mail: Name: lt~L:1> T, /2.~-crs , fr. Address: 2-19/ 86rN: H,1u.s &J City/State/Zip: .4,,~'-llli,n-A cV<=--<+26'"11-6 E-mail: frl:butrs «:e ylbai/, c;u ....... Phone : 9/0 ~92 Y:.2-¥0 I, UtJ9$9~/IS-~ Fax: Phone: Property Description PIN ( s): ~ -:l.!_-fJ $. o-1t1> Address/SR No .: Directions from Lillington : Deed Book: /3, 2-o Plat Book: Ex isting Zoning : D Conservation 0 RA-20M 0 RA-20R !B°RA -30 0 RA-40 D Commercial 0 Light Industrial D Industrial 0 Office & Inst'I Attachments Page: 0K6 3 Page: ___ _ Requested Zoning: D Conservation 1!3'RA-20M 0 RA-20R 0 RA-30 0 RA-40 D Commercial 0 Light Industrial D Industrial D Office & Inst'I Fax: /tJ, 3 4'-~,9-3 cs ..c.....::...:..i...:c...._ Acres -,..~ J(,4 ,..e, h\ '- Township: 0 (01) Anderson Creek 0 (02) Averasboro D (03) Barbecue D (04) Black River D (05) Buckhorn D (06) Duke D (07) Grove D (08) Hectors Creek D (09) Johnsonville D (10) Lillington D (11) Neill's Creek D (12) Stewart's Creek D ( 13) Upper Little River • Written description of property from recorded deed • Recorded map of property at scale of not less than one (1) inch = 200 feet • Explanation of why the zoning change is requested, addressing applicable portions of Article XII of the Zoning Ordinance Signatures The undersigned applicant hereby certifies that, to the hest of his or her knowledge and belief, all information supplied with this application is true and accurate : ~~ ~ Authorized Agent Signature Date Page 1 of 2 APPLICATION FOR ZONING CHANGE 091619a HCBOC Page 159 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 requirements, 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. '7-~ , I o . .'.} a..<--R.tr J.o ~ -;t. 't-.2 tu!.-~,; ~ r.rl , rJJ-1tJk ,~,,-I/ /f./t1P-l.1 1 r m ti€ ;;z-tJ rJ£p /ft-<... Page 2 of 2 APPLICATION FOR ZONING CHANGE 091619a HCBOC Page 160 I of l ,..-.-.._Harnett ~ ) COUh TY Tax Parcel/ GIS Viewer GIS Homepage ~ -'!. • Search All 0 300 600ft -78. 765 35.459 Degrees Elli."c:a--n, .. wmw--=--mz=-:i-===i:;l Info Window ( 1 of 1) Owners: BUTl S HAROLD I JR r.::::-Harnett }(~COUNTY > CLICK for Parcel Report< Tax Parce l PIN -0662-90-!)908 .000 Pit) -110662 0014 Owner BUTTS HAROLD T JR Mailing Address -2191 KEil H HILLS ROAD LILLINGTON , NC 27546-0000 AccountNumber -1103931000 Address 3699 HARNETT CENTRAL RD ANGIER, NC Address lype -No Add ress es on this Parcel A dd ress Use - Development - lownship -view reference Layer -Boundaries > Townships Property De sc ription -26. 75 ACS MATI HEWS Government Owned Property - Deed Date · 1998/12 /01 Deed Book and Page -1320 : 0863 LINK 10 Dl::!:l) • Plat Book and Pag e· : LINK 10 ~Uf-<VL, • {*Veed and Survey are subject to availability) laxable Acreage · 26.1 !)0 AC I I I I I 091619a HCBOC Page 161 Board Meeting Agenda Item Agenda Item ___ /:......0=--~ MEETING DATE: September 16, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Rezoning : Case# PLAN 1908-0002 REQUESTED BY: Development Services/ Jay Sikes REQUEST: Landowner/Applicant: JPF Properties, LLC/ PJ's Truck Bodies & Equipment; 2.15 acres (14.52 total acres) Pin# 1537-17-7937; From RA-20M to Commercial; George Lee Perry Rd; A verasboro Township. Development Services staff reommends this rezoning request be APPROVED. The requested rezoning to Commercial would not have an unreasonable impact on the surrounding community due to nature of similar uses in the area, as well as compatibility with Hamett County Land Use Plan. On September 3rd, the Hamett County Planning Board voted 3-2 to recommend approval of this of the application based on the parcel's hi story of uses as well as the need to utilize this property due to the 1-95 realignment at this exit. One citizen voiced concerns about noise, wetland impacts, and future stormwater flooding. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\gwheel er\AppData\Loca l\M icrosoft\ Windows\lNetCache\Content.Outlook\OZM K66X9\CC _P Js agenda form.docx Page I of I 091619a HCBOC Page 163 r.::,. \ Harnett , ("1 C O U N T Y )_ ~ORIH (AROlJl;A REZONING STAFF REPORT Case: PLAN 1908-0002 Ja y Sikes, Mgr. of Planning Services jsi kes@harnett .org Phone : (910) 893-7525 Fax: (910) 814-8278 Planning Board: September 3, 2019 County Commissioners: September 16, 2019 Requesting a Rezoning from RA-20M to Commercial Applicant Information Owner of Record: Name : JPF Properties, LLC Address : PO Box 1207 City/State/Zip: Dunn, NC 28335 Property Description PIN(s): 1537-17-7973 Applicant: Name : PJ's Truck Bodies & Equipment Address : PO Box 1207 City/State/Zip: Dunn, NC 28335 Address/SR No.: 1560 George Lee Perry Rd (SR 1841) Acreage: 2 .15 to be rezoned (14 .52 total) Township : D (01) Anderson Creek r8J (02) Averasboro D (03) Barbecue D (04) Black Ri v er Page 1 of 5 D (05) Buckhorn D (06) Duke D (07) Grove D (08) Hectors Creek D (09) Johnsonville D (10) Lillington D (11) Neill's Creek D (12) Stewart's Creek D (13) Upper Little River STAFF REP ORT 091619a HCBOC Page 164 Services Available Water: ~ Pu blic (Harnett County) D Private (Well) D Other: Unverified Zonin Page 2 of 5 Sewer: D Public (Harnett County) ~ Private (Septic Tank) D Other: unverified ~ Site Description: Site is currently occupied by PJ's Truck Bodies. It is currently split-zoned; a 12.37 acres= Commercial & 2.15 ac= RA-20M . Surrounding Land Uses : Numerous businesses, as well as residential and agricultural uses. Transportation : Annual Daily Traffic Count: Unavailable Site Distances: Good CURRE NT REQUESTED I RA-20M Commercia l Parks & Rec X X Natural Preserves X X I Bona Fide Fa rms X X Sinole Family X !j Man ufactured Homes, Design Regulated Manufactu red Homes X Multi-Familv X •• I nstitutiona I X ·-Commer c ial Services X ,_ Retail X Wholesale X I Industrial Manufacturing ' STAFF REPORT 091619a HCBOC Page 165 Land Use Classification Com atibilit I PROPOESED LAND USE ZON ING Comm EMU Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family X X \ Manufactured Homes, Design Regulated X X Manufactu red Homes Multi-Family X \ Institutional X X Commercial Service X Retail X X ~ Wholesale X X !H09 1 Industrial X Manufacturing X site Easement access to site Page 3 of 5 STAFF REPORT 091619a HCBOC Page 166 Page 4 of 5 STAFF REPORT 091619a HCBOC Page 167 Evaluation ~ Yes D 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. ~ Yes ~ Yes D Yes (SJ No REASONING: The impact to the surrounding community is reasonable, as the majority of the parcel is currently zoned the same as the requested district. The requested zoning district is COMPATIBLE with the existing Land Use Classification . REASONING: The requested zoning to Commercial is compatible with the overall land use classification of Employment Mixed Use. Employment Mixed Use areas are located along major thoroughfares and include prime locations for economic development opportunities. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested rezoning to Commercial would maintain or enhance the public health, safety, and general welfare due to the area's existing commercial uses as well as the neighboring commercially zoned parcels. The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness . REASONING: Since the parcel is predominately zoned Commercial, as well as being are immediately adjacent to other Commercially zoned properties Small Scale rezoning does not need to be considered. Suggested Statement-of-Consistency (Staff concludes that...) As stated in the evaluation, the requested rezoning to Commercial would not have an unreasonable impact on the surrounding community based the existing non-residentially zoned properties within the area as well as compliance with the County's Land Use Plan. Therefore, it is recommended that this rezoning request be APPROVED . Additional Information On September 3 rd, the Harnett County Planning Board voted 3-2 to recommend approval of application based on compatibility to the Land Use Plan and the existing Commercial on this parcel as well as in the area Several citizens attended in opposition. One had concerns about maintaining their residential area as a whole . Another spoke in opposition with concerns about noise, wetland impacts, and future stormwater flooding . Page 5 of 5 STAFF REPORT 091619a HCBOC Page 168 ~~ Harnett COUNTY NORTH CA R OL I NA APPLICATION FOR ZONING CHANGE Planning Department 108 E. Front Street P.O. Box 65, Lillington, NC 27546 Phone : (910) 893-7525 Fax: (910) 893-2793 Total Fee: _1/;~J._S_;?)_,_C'i__) ______ _ Receipt: -~c------..,....,,...,-=-cc------- Permit: -W.J--'-"z QL..J.V)4-'-J 9...L..l~l...><z:'.-....--0:[f)=" __::,::()-=~----- Hearing Date: ______________ _ Applicant: Name: PJs ~} fl>, d;~ + t£41,1i pintn+- Address : PO _ ·_z.o I _ · City/State/;zJ~: ~~U11~~~-J ·3S E-marl: ClYM1l L__:_r: ___ i,w_1(,<;: c,;Y1 Phone: ~/0--• Fax: q ID .-AA( ... i.f 1-qu Propec!l Description PIN(s): \ -ll-Jg17 .QO J Address/SR No.: \ 1?'10 ~ ·,,.-•. ' l/Yi Directions from Lillington: Deed Book: 2--0 [ i Plat Book: -ZJJCJ S Existing Zoning: ~ Conservation ~RA-20M 0 RA-20R 0 RA-30 0 RA-40 D Commercial D Light Industrial D Industrial D Office & Inst'I Attachments Page: h9J7 q1 Page:~ Requested Zoning: D Conservation 0 RA-20M 0 RA-20R 0 RA-30 0 RA -40 ~ Commercial D Light Industrial D Industrial 0 Office & Inst'I Township: D (01) Anderson Creek ~ (02) Averasboro D (03) Barbecue D (04) Black River D {05) Buckhorn D (06) Duke • Written description of property from recorded deed D (07) Grove D (08) Hectors Creek D (09) Johnsonville 0 (10) Lillington D (11) Neill's Creek 0 (12) Stewart's Creek 0 (13) Upper Little River • Recorded map of property at scale of not less than one (1) inch = 200 feet • Explanation of why the zoning change is requested, addressing applicable portions of Article XII of the Zoning Ordinance Signatures The unders igned applicant hereby certifies that, to the hes f his o er knowledge and belief, all information supplied with this application is true and ace at : Pro perty Owner Signature Page 1 of 2 Date 0( ( ,I 1 :1 Date APPLICATION FOR ZONING CHANGE 091619a HCBOC Page 169 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 requirements, 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. Page 2 of 2 APPLICATION FOR ZONING CHANGE 091619a HCBOC Page 170 Harnett COU N TY ·, GIS/E -911 Add . res sing August 13, 2019 Recycle Center ' L Landfills Surrounding C ounty Boundaries 0 Federal Property ~ Harnett County B oundary - Address Numbers Airport Interstate NC us Roads Mile_Markers Railroad 091619a HCBOC Page 171 We'd like to have the entire property zoned the same way. Additionally, we'd like to put a storage shed on the leg of the property that is still zoned residential. 091619a HCBOC Page 172 Board Meeting Agenda Item Agenda Item __ f ~'------' MEETING DA TE: September 16, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS lex+ ,4 ~ ~~J metll,... SUBJECT: Proposed-Re~tming. Case# PLAN 1908-0003 REQUESTED BY: Development Services/ Jay Sikes REQUEST: Hamett County Unified Development Ordinance Text Amendment Article VII: Development Design Guidelines, Section 8.2 Design Standards for Open Space. Development Services staff reommends this Text Amendment request be APPROVED. The requested Text Amendment is compatible with Hamett County regulatory documents, and the benefits outweigh any potential inconvenience or harm to the community. On September 3rd , the Hamett County Planning Board voted 5-0 to recommend approval of this Text Amendment. The US Army Corps of Engineers was contacted and they sent comments of support for the idea of creating awareness and encouraging conservation by preventing any type of disturbance in environmentally sensitive areas. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C :\Users\gwheele r\AppDat a\Lo cal\M icrosoft\ Wind ows\! NetC ache\Content.Outl ook\OZ M K6 6X9\CC _ wet lands TA agenda fo nn .d oc x Page I of I 091619a HCBOC Page 173 Harnett TEXT AMENDMENT REQUEST FORM (Internal) COUNTY NORTH CAROLINA Development Services 108 E. Front Street P.O. Box 65, Lillington , NC 27546 Phone : (910) 893-7525 Fax : (910) 893-2793 Planning Board: September 3, 2019 County Commissioners: September 16, 2019 Applicant Information Applicant: Name: Harnett County Development Services Address: 108 E Front St City/State/Zip : Lillington NC, 27546 E-mail : Phone : 910-893-7525 Type of Change ~ New Addition ~Revision Unified Development Ordinance: Ordinance Current Text: See attached Article: Proposed Text: (Attach additional sheets if nece ssary) See attached Reason for Requested Change: VII Section : 8.2 To amend Harnett County's U.D .O. where it pertains to development within the US Army Corps of Engineers' regulated wetland areas. Commentary: Quite often issues arise during the real estate or con struction phases that lead the buyer , or builder, to believe they can u se the whole lot as a "buildable" area. Therefore, it is re commended an officially determined wetland should be located in an unbuild a ble , common open space . Suggested Statement-of-Consistency: (Staff concludes that...) The requested Text Amendment is compatible with Harnett County regulatory documents, and the benefits outweigh any potential inconvenience or harm to the community. Therefore, it is recommended that this Text Amendment request be APPROVED. ATTACHMENT 1 Page 1 of 2 091619a HCBOC Page 174 Re: To limit development within wetland areas Article VII Development Design Guidelines, Section 8.0 "Open Space" Red text is proposed 8.1 General Provisions 8.2Design Standards for Open Space A. All floodplains, wetlands, streams, ponds, lakes, and other water bodies are encouraged to be contained in open space area. B. All wetlands, and blue line streams with a required vegetative, riparian buffer, shall be cont.ained in open space areas, unless platted prior to September 16, 2019 or mitigated via the L'S Army Corps of Engineers permitting process. C. For developments located entirely or partially within a Conservation Zoning District that surrounds a water feature (wet or dry), a minimum of 50 percent (50%) of the depth of the District (measured perpendicularly from the water feature and located closest to the water feature) shall be dedicated to open space. D. This dedication of open space .. . E. Prime Views & Open Vistas .. . F. A ll open space area shall be permanently restricted from future subdivision and development ... G. Common open space areas shall have a minimum of one (1) access ... H. Parking for Improved Open Space Areas ... Page 2 of 2 091619a HCBOC Page 175 A RESOLUTION AMENDING THE HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE WHEREAS, the Board of Commissioners of Hamett County adopted the UDO on October 17, 2011 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS , this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A-340; and WHEREAS, the UDO contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Hamett County Planning Board has reviewed the amendment to the article of the UDO as listed below and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Hamett County Unified Development Ordinance Article VII Development Design Guidelines, Section 8.2 Design Standards for Open Space shall be amended to read as indicated in the "Attachment". "Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board 's Office. Duly adopted thi s 161h day of September, 2019 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS Gordon Springle, Chairman ATTEST: Margaret Regina Wheeler, Clerk to the Board 091619a HCBOC Page 176 Board Meeting Agenda Item Agenda Item _ ...... ,t-a __ ___; MEETING DATE: September 16, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS 1"e>e+ A""e~J&Me"" "{.- SUBJECT: Proposed R:ezunhrg: Case# PLAN 1908-0004 REQUESTED BY: Development Services/ Jay Sikes REQUEST: Harnett County Unified Development Ordinance Text Amendment Article V: Use Regulations, Section 1.2 Tables of Use Types & Regulations and Section 8.0 Industrial Uses. Development Services staff reommends this Text Amendment be APPROVED. The requested Text Amendment is compatible with Harnett County regulatory documents and the impact to the surrounding community is reasonable, as the proposed Text Amendment is similar to existing regulations within the U.D.O. On September yct, the Harnett County Planning Board voted 5-0 to recommend approval of this of the application based on the parcel's history of uses. One citizen voiced concerns about traffic & noise. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users \gwheele r\App Data\Loca l\M icrosoft\ Windows\lNetCache\Content. Outlook\OZM K66X9\CC _ outdoor storage TA agenda fonn .docx Page I of I 091619a HCBOC Page 177 r::,, \ Harnett '(' COUNTY )_ NORTH (AROLJ\A TEXT AMENDMENT REQUEST FORM (Internal) Development Services 108 E. Front Street P.O . Box 65, Lillington, NC 27546 Phone: (910) 893-7525 Fax: (910) 893-2793 Planning Board : September 3, 2019 County Commissioners: September 16, 2019 Applicant Information Applicant: Name : Harnett County Development Services Address : 108 E Front St City/State/Zip: Lillington NC, 27546 E-mail: Phone : 910-893-7525 Type of Change [8] New Addition [8]Revision Unified Development Ordinance: Ordinance Current Text: See attached Article: Proposed Text: (Attach additional sheets if necessary) See attached Reason for Requested Change: V Section : 1.2, 8.0 To amend Harnett County's U.D.O. use regulations that pertain to outdoor storage facilities. Commentary: Min i-storage facilities are a use in the UDO but limit the amount of outdoor storage of items such as campers , boat s, etc . Numerous requests have been submitted recently for outdoor storage areas . The Board of Adjustment often has difficultie s deciphering which part of the mini-storage regulations are applicable. Therefore , it is recommended that the existing regula tions be revised to incorporate exclusively outside , storage facilities. Suggested Statement-of-Consistency: (Staff concludes that...) The requested Text Amendment is compatible with Harnett County regulatory documents and the impact to the surrounding community is reasonable, as the proposed Text Amendment is similar to existing regulations within the U.D .O . Therefore, it is recommended that this Text Amendment request be APPROVED . ATTACHMENT 1 Re: To crea te an outdoor storage u se and its development criteri a Page 1 of 3 091619a HCBOC Page 178 Article V Use Regulations 1.2 Table of Use Types & Regulations ____ Red text is p~osed ----------·----,---------, ---,--------T·------,------. -----,-·-·-···--, --,-- 1 i ! ! I ! j I i I i "'i ~ ! 3 i ~ i ~ I zo i ~ ~ I ~ ~ II PARKI NG i ~ ~1 ~~I . .... i i O O I I c:i:: c:i:: I ~ < · I ~ :J! 3 a ! i i i U , I U , , Cl:: ,g i "'o, 1 : ; I I : I i ' I I ii u I ! • I l t , 1 I I ~-----• ---------------·-·-------------------r----r----I --'~ ----__,. ----.,..---~ "!----i---------------------.. --I -•-----( Rc tatl Sales, Outdoor (pnmanly outside of an I P* 1 p >t , p t I j I , j ' I per 2 cmplo)ec, Qargcst shi ft) j , I I -enclosed building) ----------------!---. 1----·-~-----L-----+------J------~--·--,-----t---+---O R l_pcr 500 sq ft --· -----j-r~'. . .J --~~~~;if;.~:::t:d -Busm ess (bookstore: mot10n -: C*-1-P * -; P* 1 :--·---+-·-·--·-t--·--T---i----·--: ~: :: :q ::------_,I :--1··-----1 ............ r~cturc, mghtclu'?) _______ .. __________ .. ___ L ______ L _____ .. L_____ _ ____ J_ _ _J ______ -1. ___ j___J ______ r ____ 'l _______ ... J_~----·---~ Vehicle Services I , . j . i ,-c-:---·----·T----·-1 -----1------·----.. ·-·--·-·-·--·---·-Tl 3 ..... 1-·s· .. --1, ---· 1\uromobilc_ Repa ir Faci!i_!y ___ ________ _________ I_ P* j__ P * J___ !-C* __ 1 1 i __ ~~--!, -=~~. --~: __ f 1! ____ ~ ~:-~·:_~. :~:.-~~:~~y:~ --·;---·--, _,, ______ 1 I ! ! ! I I ' • I P* I P* i P * I C* 1, C* I C*! C* 1 lpercmplo)CC+l pcr200sq.ft. i 3 · I Car Was h i I I ! "' , , , ! • ~SC Facili~J"P~ lmL~:J:,:HJ [,± p t-~h CJ C _t=-1 '°''"'• 1•=::J :tJ , I i I I ' , I , , I ? I n h'f ) , , ' l C* ("' ! P* ! I . ! I I ! pe r o~~i oye~~trgcr s I t i 3 ! B I ·-Vehicle __ Sales, Leasin~ Rental ------·--·· t _ . .-..... ~--~! --~=J. I l i I per:> sq. t. 1 _ .. L ____ _J INDUSTRIAL USES f;:~~~lUs~-s-A_p_p_l)-,i-n_g _f_or-P-c mu-.-ts-to-__ -_L_ ______ ! _____ _I_ C JI ___ I ___ J_ .. -~--J--~-! --~_L-~-:~~~::~~-~-~::°.:.~se __ _l~_L _____ I , I ~;_,,,i~oc~~, __ ::::::::~-=r C'l~::::::1::::1==1:::==r:::__::r:~~:~--:c. [~ -~i 1 .:: ::1:~,';~::::?:. ---------------·-··-·---·-·+ ~:---.. 1---~: -+-. -·-·--t-----t------+ ~: +-~:--f-~:-t ~:-+-: ::: : ::::::::: ~:::::: ::;;:~ --1-: -r·-·--·--1 ·-·--·-·--·-----Sl_ .. , ___ .1,1) __ .. ____________________ .... _L ______ ,, .. _. _____ ,,_,, _________ • ________ ,, ............. _______ ,,, ________ ... ___ ,,_, _______ ,, _ _l ___ L ___ _J ________________________ ...... -......... _L _______ ,,,, ____ ,,_ 1 Manufac ruring I _____ , .. _________ .. _________ -----· .. -·.--.. ---------------------·,··---·-··-·-·-·-·---·--··-----r----r---,-----""T-------------------·--·--·-·-·-·--··--· .. ----·---··-·'!'·-.. ·-·---·-.J . . . I C* 1 ! I I , i ! ! i I per 2 employees Qargest shift) ! \ I ·-Manufactu n ng,futil,zcr -·----·-------------: -P*·+-C* -+------i·-------r---·--+--1-----i---+--+--· ,-pe r ~:n'pic,;'.c!~:~; ·sh ift) ·-i---4·-:---'' 1 ...... Manufactu ring_, G ene ral ---·-·-··--·--·--------: -·--·-·· ..!----,i,-+·-·--.. ·-·-r-----~----·---·j ·-·--.. -j-·---·--+··---_j_-----f------OR I _per 500_scl:. ft. ___ + 4 ~ .. ----·--i i P * I p I P * I P * I I ! ! I ! I per 2 employees Qa rb,est sh ift) l 4 j i _ ::.:::=~~:,& ~olopm•m _ LP :~ ~1 P __L P LLL ___ Lt _J '~~";;;;;;,: '""' _i_LJ _w ;::e:~i~;,gP~c::~~,~~~~~~:~.i~;1olcsale, &--,·-P * -! -p ,r -r c.--r P * ·-1-··----r----.,-----·--·-r-·---:-----r·-, ·per 2 emplorees Qarges i'shift) ·-I-4 ·T···-·-·-·--i Warehouse . l 1 1 ; I , , OR I per 500 sq. ft . I ' i ...... Distributi ~n Cente r ------. ---I -. ______ ,,,, .. , ------11·-· P *__j C* -.1 · C* j _____ ---f ·-·-·--··---l------J, ______ I -----+· ____ j__ I per ~~~r~:~c~~g;~c:it shift)--l--4 _f. __ s _ _J --.. ~rJ~;.~f~r~~~~;:;~;~~1r;~~-'-~~:~:~--~--l~:·:~.L _______ l_. _____ 1 ·-·····-··-... l .... _______ [ ________ __j ___ ~~_j __ ~: __ J_~~--j-~_:_J ____ :~~fficc~~~-~~~~c:.~'.~ ..... ____ j ____ : __ ! _______ _] ----~'.?.::·s~.,_~![_i\~~~~Y~!:i~~!;_':L Outd_~! ____________ L ?.:_J_~'."_J __ E_:_ __ L_ ___ J _____ I ____ ! __ ~~--~~-l.__f ~J ____ sec O ffice, if~-~~~~':"~~~---__J_~_J ___ ~·-·-·J Wh ol esale Trade : ----.. --·---·--·--·---· .. --··-·-·-·-----·--------.. -·------r----r----,------~ ----,-----.. --------.. -----~ -----... ------------·-·---·--· ----. . ---.. -----. --· --j Wholesale Storage of Gasoline or Bulk l C* l : j i I , i / I per 2 em ployees Qargcs t shift) j 4 I 11 _3 i T erminal P lants I l ! I i l ! ! i ! OR I per500s~. ft. i i I -·-·-·-··-------·---···--··-------------·· ---------------·-· "'·---·----·-------------------. -·---L-----··------J-·---···--..L-----·-·-· ·--·--··----------····-·---········--·-·········-·--...-.-·-···---·· ...... -.... -·-·~ Waste Relate d ! -R ~-;;;;-~&iic~u~~tion c~;;~;·-------· i P* I P * I p ,r i P "' I ! P * ! P * 1 P * I P * I , per uni, ··--1 ·-~r---·-;I _(~~~-~~.t:-~_<D. ______________________________________ J ______ ! _______ j___ ____ _J_____ J .. ,.,_,,,. __ ! ·-·-.... .J . ----__ J ----!-.. ----L _ ------· ·--. ----------· --. [ I ·--,-l . 1 ~c~~~~:gne:~~.~:n ~~2~~~---~--~~;~-w:~: __ l __ ~ __ l __ ! ___ I _______ I __ ~, .. J ____ J__~ __ l ____ ~_J __ ~_J __ ~_.1_~ per t~tr::;e;~t~gc;,t_~:~f:~_J ___ ~J ···---i i p I C ! C I i ! i I ! I 1 per 2 employees Qargcst s hift) ! i 1 --·-· Rccyfling_ Plant -----·--------------·----i ! i I ·--·-·+···---·--1·-·· c"+-·-·-..... +-----+-·-·--··-+---OR_ 1 per 500 3q . ft ... . --·:---~-+--·-· -: i C* I C* i C"' ! I I i (>t-l (" l C* i I per 2 cm pl ol'CCS Qargcst shift) , 4 , i __ ._.Solid \Vastc Disposal_ ..... ----·----·--.. ------··-..... ·--·-_!·--·-·-·l·-·-·---·-·-.1·-····--·-·--!· ! ! * : 1 ! j ' I ! ! --·-·-·-·-------"·--·--·"""' _____ ,,,_, __ ,,,,, __ ,, ________________ L ________ L _______ L_ ____ , ___ J ···-·--·--·-·t ...... , .. _J,,, _____ ,J_______ _____ t ______ J ___ · _____ l ______________________ ,, ______________________________ l_ ______ i ........ , __ J Section 8.0 Industrial Uses 8.3 Warehousing & Freight Handling Page 2 of 3 091619a HCBOC Page 179 8.3.3 Storage, P ersonal Recreational Vehicle & Travel Trailer A personal tranl trailer or recreational vehicle shall be parked or stored in the rear or side ya rd of Mty the owner's residential lot; provided that no living quarters sha ll be maintained, nor any business conducted therein while such recreational vehicle or travel trailer is so parked or stored (not subject to lot size requirements), unless otherwise specified within this Ordinance. This is intended as private, personal storage o nl y and not for business purposes. 8.3.4 Storage, Self Mini-Warehouse Subject to the following requirements: Page 3 of 3 A. Maximum building height of 20 feet. B. A secured fence of at least si.." (6) feet in height shall surround the perimeter of the storage facility. C. Adequate lighting shall be provided to illuminate the storage facility. The minimum size streetlight shall be a 175 watt Mercury-vapor (a pproximately 7,000 lumen class) or its equivalent, spaced at intervals of not more than 300 feet. D. No outside stora ge shall be permitted except as provided below. E. Outdoor storage of boats, vehicles (including motorcycles), r ecreational ve hicles, campers, equipment, matenals, etc in designated spaces shall meet the follo'.ving requirements: 1. If outdoor s torage space is proposed shttll be l±m:ited to 25 pereeftt (25%) of the totttl 1tre1t of the site, the area shall be designated as outdoor storage on the required site plan shttll ttot be tt~zed for ot1tdoor ~- a. Existing facilities expanding to include outdoor storage shall su bmit a revised site plan s howing such, in accordance with the provision s of this Ordinance. 2. Area designated for outdoor storage shall not be visible from adjacent right(s)-of-way and shall install a Type D Buffer along the exterior of the perimeter fencing. 3. I f associated with a mini storage facility th at will have enclosed storage buil dings, outdoor storage s pace (s) shall be located at the rear or side of the site. 4. No inopera ble ve hi cles, o r oth er i tems as listed above, shall b e stored on-site unless o n a towable tr ailer with the inte n t to tran sport tn a timely m anner. F. The storage of hazardous, toxic, or explosive subs tances s hall be prohibited. G. No business activity sa les, service , or repair activities, oth er than rental of the storage units or spaces, shall b e conducted within the storage facilities. 091619a HCBOC Page 180 A RESOLUTION AMENDING THE HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE WHEREAS, the Board of Commissioners of Hamett County adopted the UDO on October 17, 2011 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A-340; and WHEREAS, the UDO contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Hamett County Planning Board has reviewed the amendment to the article of the UDO as listed below and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Hamett County Unified Development Ordinance Article V Use Regulations, Section 1.2 Table of Use Types & Regulations and Section 8.0 Industrial Uses shall be amended to read as indicated in the "Attachment". "Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board 's Office. Duly adopted this 16111 day of September, 2019 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS Gordon Springle, Chairman ATTEST: Margaret Regina Wheeler, Clerk to the Board 091619a HCBOC Page 181 Board Meeting Agenda Item Agenda Item _ _...;/µ3 ___ ---' MEETING DA TE: September 16, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Approval of Lease Agreements at Former Shawtown School Campus REQUESTED BY: Administration REQUEST: Administration requests approval of lease agreements with the Shawtown High School Alumni Association and Johnston-Lee-Harnett Community Action to occupy space within the building at 252 Irene Roberts Road, Lillington, on the former Shawtown School Campus. The lease agreements lay out the expectaitons and responsibilities of the County and these organizations related to their occupancy of the designated space. The term of each lease agreement is for 10 years at a cost of $1 per year. Both entities currently occupacy the space described in their respective lease agreement. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\gwhee ler\AppData\Local\Micro soft\Wi ndows\lNetCache\Conte nt.O utlook\OZMK66X9\Shawtown Lease Agreement Agenda Requ est 2.docx Page I of l 091619a HCBOC Page 182 NORTH CAROLINA HARNETT COUNTY LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease"), made and entered into this_ day of September 2019, by and between Shawtown High School Alumni Association, a private nonprofit corporation (hereinafter referred to as "LESSEE") and the County of Hamett, a body politic and political subdivision of the State of North Carolina, (hereinafter referred to as "LESSOR") WHEREAS, LESSEE desires to lease space at the property owned by LESSOR, to wit, the building located at 252 Irene Roberts Road , Lillington, North Carolina for an initial term of ten (10) years; and WHEREAS, LESSOR and LESSEE desire to enter into this Lease for the purpose of setting forth the respective rights , obligations, and duties of each party. NOW, THEREFORE, in consideration of the above-stated desires of the parties and such other mutual promises and covenants as are set forth below, LESSOR and LESSEE agree as follows: 1. Premises . LESSOR shall lease to LESSEE and LESSEE shall lease from LESSOR Suite 100 in the building located at 252 Irene Roberts Road , Lillington, North Carolina (hereinafter referred to as the "Premises"). In no event does LESSOR grant any interest in any property for which LESSOR is not the record owner. The Premises are leased for the express purpose of allowing LESSEE to conduct its operations. LESSEE acknowledges that parking spaces are not reserved for LESSEE's operations under this Lease and that LESSOR cannot guarantee sufficient parking for LESSEE's operations. 2. Term. The term of this Lease (the "Term") shall commence upon execution of this Lease by both parties ("Commencement Date"). The Term of this Lease shall terminate on August 30, 2029. If the LESSEE has fully complied with all of the provisions of this Lease during the Term, LESSEE and LESSOR shall convene a meeting at least 90 days prior to the end of the Term to discuss the possible terms of a new lease. In no event shall the term and renewal provisions stated in this paragraph extend this Lease beyond a ten (10) year term limit. 3. Rent. The rent for the Term of the Lease shall be $1.00 per year. LESSEE shall also pay for all improvements required to ensure that the Premises are safe for the provision of LESSEE's operations during the Term of this Lease. Upon the termination of this Lease, title to all improvements to the Premises, except for LESSEE's personal property, shall be automatically transferred to LESSOR. LESSOR and LESSEE agree that LESSEE shall not be entitled to any compensation or reimbursement from LESSOR for any repairs, maintenance, construction costs, or any other expenses LESSEE incurs as a result of LESSEE's use or lease of the Premises. 1 091619a HCBOC Page 183 4. Title and Quiet Possession. LESSOR represents and covenants that LESSOR owns the Premises in fee simple except as set out in matters of record. LESSEE assumes the burden of conducting a title search or other investigation to its satisfaction. LESSOR represents and warrants to LESSE that LESSOR has the full right to make this Lease and that LESSEE shall have quiet and peaceful possession of the Premises throughout the term of this Lease. 5. Title Insurance. LESSEE, at LESSEE 's option and expense, may obtain title insurance on the Premises. 6. No Waste or Nuisance . During the term of this Lease, LESSEE shall comply with all applicable Laws affecting the Premises, the breach of which might result in any penalty on LESSOR or forfeiture LESSOR's title to the Premises. LESSEE shall obtain any necessary governmental licenses or authorization required for the provision of LESSEE's operations and shall furnish copies of same to LESSOR ifrequested. LESSOR shall reasonably cooperate with LESSEE'S efforts to obtain necessary licenses and authorizations. 7. Assignment and Subleasing. LESSEE may not sublet the Premises in whole or in part without LESSOR'S consent, and the making of any such sublease shall not release LESSEE from, or otherwise affect in any manner, any of LESSEE's obligations hereunder. LESSEE shall not assign or transfer this Lease, or any interest herein, without the prior written consent of LESSOR, and a consent to an assignment shall not be deemed to be a consent to any subsequent assignment. In the event LESSOR should transfer its interest in the Premises, LESSOR shall have no further duties or obligations hereunder provided that the transferee agrees to assume all of the duties and obligations imposed hereunder on LESSOR and upon such third party's assignment not to amend, modify, or change in any manner whatsoever LESSEE's rights and obligations hereunder. Upon such a transfer, LESSEE shall, for all purposes expressed herein and incidental hereto, accept such transferee as its LESSOR hereunder. LESSOR may assign any or all rights, duties, and obligations created hereunder without the consent of LESSEE, provided such third party agrees not to amend, modify, or change in any manner whatsoever LESSEE's rights and obligations hereunder and assumes without modification LESSOR's rights and obligations hereunder. In all other circumstances, LESSOR shall first have obtained the written consent of LESSEE, which consent shall not be unreasonably withheld. 8. Notices. Any notice, report, statement, approval, consent, designation, demand, or request to be given, and any election to be exercised by a party under the provisions of this Lease shall be deemed to be gi ven and received three days when made in writing and sent by United States certified or registered mail, postage prepaid, to the other party at the applicable address set forth below: 2 091619a HCBOC Page 184 LESSOR: LESSEE: Paula Stewart County Manager Post Office Box 759 Lillington, North Carolina 27546 With copy to: Senior Staff Attorney Post Office Box 238 Lillington, North Carolina 27546 Shawtown High School Alumni Association c/o John Frank Smith, Sr. Post Office Box 1446 Lillington, North Carolina 27546 9. Condition of Premises. LESSEE acknowledges that LESSOR does not warrant that the Premises will be in a condition that would be safe for the provision of any of LESSEE's activities. LESSEE shall be solely responsible for maintaining the Premises in a safe and secure condition at all times that LESSEE occupies the Premises. LESSEE shall indemnify, hold harmless, and release LESSOR from any and all claims related to the condition and suitability of the Premises for LESSEE's use. 10. Maintenance of the Premises. LESSOR shall be responsible for the general maintenance of the Premises including, but not limited to, the roof, flooring, stairs, HV AC, electrical, fire extinguishers, windows, pest control, plumbing, parking areas, landscaping, exterior and interior walls, exterior and interior lights, sidewalks, and foundation. LESSOR shall not be responsible for the janitorial duties of the Premises and the repairs and maintenance of any improvements, fixtures, and equipment installed by LESSEE . 11. LESSEE Damage. LESSEE shall be responsible for the costs to replace or repair any damage caused to the Premises or grounds by the negligence or willful misconduct of LESSEE, its agents , employees, volunteers, members, and invitees. LESSEE shall reimburse LESSOR for the costs ofto replace or repair any such damage within 30 days upon written demand by LESSOR. 12. Damage or Defect. LESSEE agrees to notify LESSOR immediately upon discovery of any damage or defect in need of repair to the Premises pursuant to Sections 10 and 11 of this Lease. If the damage or defect does not result from the negligence or willful 3 091619a HCBOC Page 185 misconduct of LESSEE, its agents, employees, volunteers, members, and invitees, and is a repair obligation incurred by Lessor pursuant to Section 10 of this Lease, repair of the damage or defect shall be made by LESSOR at LESSOR's expense. 13 . LESSEE Improvements. LESSEE shall have the right, at its sole expense, to make such improvements on the Premises as it may deem necessary, including any improvements necessary for LESSEE's operations, with the prior written approval of LESSOR. LESSOR's approval shall not be unreasonably withheld. LESSEE shall be solely responsible for the cost of any required work and shall ensure that all improvements comply with applicable codes, regulations, and requirements. However, LESSEE shall not destroy , remove, or make any improvements or changes to the Premises which would adversely impact the market value of the Premises or LESSOR's ability to use the Premises upon the termination of this Lease without the prior written permission of the LESSOR. LESSEE shall also reimburse LESSOR for the costs of improvements installed by LESSOR at LESSEE's request. During the term of this Lease, LESSEE shall maintain the Premises in a safe, clean, and neat condition. Upon termination of this Lease, LESSOR shall take possession and ownership of all improvements to the Premises, except for LESSEE's personal property. LESSOR may inspect any installation or other work performed on the Premises. To the extent that any repairs or changes are occasioned by (a) the acts of LESSEE, its agents , servants, employees, contractors, or invitees; (b) a defect or malfunction in LESSEE's equipment or any attachments thereto; ( c) a safety hazard, or violation of any applicable statute, rule, regulation, order, directive, or standard relating thereto, in or caused by LESSEE's property; (d) any changes or improvements to the Premises requested or made by LESSEE; or (e) any violation or breach of any provision of this Lease by LESSEE or anyone acting under it; then LESSOR may make any required repairs at the expense of LESSEE. LESSEE shall reimburse LESSOR within 30 days upon written demand for any such expenses incurred by LESSOR. 14. Right of Entry. LESSOR may enter the Premises immediately, and without notice to LESSEE in the event of emergency repairs to the Premises. In all other circumstances, LESSOR may enter the Premises for inspection, repair, alteration, or improvement of the Premises, but will provide Lessee with 24 hours ' notice of its intention to enter the Premises, and will not interfere with LESSEE 's business operations during entry of the Premises. 15. Operating Expense. Except for those services which LESSOR has agreed to install for LESSEE and/or share in the costs of operating certain services, LESSEE shall be responsible for arranging for the installation and operation of internet service, phone service, security systems, and other such services required for the use of the Premises by LESSEE and shall pay directly to the supplier thereof all charges, fees , or assessments for installation, connection, operation, and use of such services. Prior to installation of any 4 091619a HCBOC Page 186 such services, LESSEE shall obtain the written approval of LESSOR, which approval shall not be unreasonably withheld. If LESSEE installs any security equipment in the Premises, LESSEE shall provide LESSOR with access codes and/or provide for immediate entry to the Premises to enable LESSOR to meet its maintenance and repair obligations set forth in Sections 10 and 14 of this Lease. LESSEE shall fully and promptly pay for all services furnished to the Premises and used by LESSEE throughout the term of this Lease, and all other costs and expenses of every kind whatsoever in connection with the use, operation, and maintenance of the Premises and all activities conducted thereon, with the exception of LESSOR's utilities obligations set forth in Section 16 of this Lease. 16. Utilities. LESSOR shall be responsible for the costs of electricity, gas , sewer, water, and trash collection for the Premises. LESSEE shall carry all trash to designated receptacles located outside of the Premises for trash collection by LESSOR. 17. Signage. LESSEE is permitted to place or display on exterior doors, walls, windows, or other locations designated by LESSOR a sign that can be easily removed to advertise its business, provided LESSEE obtains the prior written consent of LESSOR, which consent shall not be unreasonably withheld. LESSEE agrees that any such signs placed on a door, wall , or window shall not be painted but shall be in the form of a decal or other easily removable form. LESSEE is responsible for removing all signs and displays upon termination of this Lease. All signs shall be in compliance with any applicable laws, ordinances, and codes. 18. LESSEE's Performance and Surrender. LESSEE shall comply with all rules, regulations, and laws governing the provision of instructional and community services in North Carolina at all times during the term of this Lease. LESSEE shall pay the rent and all other sums required to be paid by LESSEE hereunder in the amounts, at all times , and in the manner herein provided, and shall keep and perform all terms and conditions hereof on its part to be kept and performed, and at the expiration or sooner termination of this Lease all improvements to the Premises, except for LESSEE's personal property, shall become the property of LESSOR. 19. Securing the Premises and Entrances. LESSEE shall be responsible for securing all doors and entrances to the Premises. 20. Government Compliance. LESSEE shall conduct its operations in compliance with all governmental laws and regulations, including all applicable local, state and federal rules and regulations. 21. Indemnity. LESSEE shall indemnify and hold LESSOR harmless from and against any and all losses, liabilities, claims, lawsuits, judgments, and demands whatsoever (including reimbursement of reasonable legal fees and costs) which may arise out of or be caused by any act or omission or intentional wrongdoing of LESSEE or its agents, employees, invitees, or contractors, or which may arise out of or be caused by the 5 091619a HCBOC Page 187 maintenance, presence, use, location or removal of any equipment, system, or other property owned or operated by LESSEE or its agents, employees, or contractors. LESSEE hereby assumes the risk of the inability to provide its operations as a result of any reason whatsoever and agrees to indemnify and hold LESSOR harmless from all damages and costs of defending any claim or suit for damages of any kind including business interruption (and attorneys' fees) asserted against LESSOR by reason of such failure. LESSOR shall not be responsible for any damage to LESSEE 's property, business, agents, employees, or invitees regardless of the cause of the damage. 22. Events of Default, Termination . If LESSEE vacates or abandons the Premises or fails to perform any other act or obligation as set forth in this Lease and for a period of thirty (30) days following notice from LESSOR of such default fails to cure or commence appropriate action to cure such default, LESSOR may terminate this Lease. LESSOR may also terminate this Lease if state, federal, or local agency establishes any condition(s) for occupancy of the Premises which LESSEE fails or refuses to perform. No such termination of this Lease shall relieve LESSEE of its indemnification obligations and any previously accrued liability and obligations under this Lease and all such liability and obligations shall survive any such termination. a) Upon termination or expiration of this Lease, LESSEE will surrender the Premises to LESSOR in as good condition as existed at the commencement of the Lease except for reasonable wear and tear and in accordance with the terms of this Lease, or for damage due to causes beyond LESSEE'S control and without its fault or negligence, or for damage, howsoever caused, to the extent LESSOR shall have been compensated for such damage by insurance. b) Upon any termination or expiration of this Lease, LESSEE shall promptly remove its equipment from the Premises without damage to the property of LESSOR in accordance with the terms of this Lease. During the period of removal of its equipment, LESSEE'S right and obligations with respect to access to the Premises shall be the same as those during the period that this Lease is in effect, and until the completion of the removal of all such equipment. c) If any personal property owned by LE SSEE shall not have been removed from the Premises within 30 days following the termination or expiration of this Lease, LESSOR shall have the right to sell the property in accordance with the North Carolina General Statutes and apply the proceeds of the sale to any amounts LESSEE owes to LESSOR under this Lease, or retain LESSEE 's property, granting LESSE E's credit for the reasonable value of the property against any amounts LESSEE owes to LESSOR. d) LESSO R's failure to enforce or insist upon compliance with any of the terms or conditions of this Lease shall not constitute a waiver or relinquishment by LESSOR of any of such terms or conditions. No declaration of default by 6 091619a HCBOC Page 188 LESSOR under any provision of this Lease shall be deemed to impair or diminish LESSOR's rights against LESSEE for any breach of this Lease. e) LESSEE may terminate this Lease upon 30 days written notice to LESSOR if program needs for space change or changes in funding. f) LESSOR may terminate this Lease, without cause, upon one (1) year written notice to LESSEE. 23. Condemnation. If the whole of the Premises, or such portion thereof as will make the Premises unusable for the purposes herein leased, is condemned by any legally constituted public authority, then this Lease, and the term hereby granted, shall cease from the time when possession thereof is taken by the public authority. Any lesser condemnation shall in no way affect the respective rights and obligations of LESSOR and LESSEE hereunder. However, nothing in this paragraph shall be construed to limit or adversely affect LESSEE's right to an award of compensation from any condemnation proceeding for the taking of LESSEE's leasehold intere st hereunder or for the taking of LESSEE's improvements, fixtures , equipment, and personal property. The provisions of this Lease governing LESSEE improvements and their removal shall be applicable should termination occur due to condemnation. 24 . Binding on Successors . The covenants and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of the parties hereto. 25 . Access to Premises. LESSEE and its officers, employees, agents, contractors and invitees shall have full access 24 hours per day, seven (7) days per week to the Premises during the term of this Lease. 26. Governing Law and Venue. This Lease shall be governed and construed in accordance with the laws of the Stat~ of North Carolina. Any action or proceeding arising under this Lease shall be filed and heard in the Superior Court of Harnett County. 27. Entire Agreement. This Lease reflects the entire agreement between LESSOR and LESSEE with respect to the Premises, and cannot be amended except by written instrument subsequently executed by the parties hereto. 28 . No Waiver. In the event that either party fails to enforce any obligation of the other party under this Lease when performance is due, such delay or failure to enforce shall not constitute a waiver of its right to seek full performance at any future time. 29. Mechanic's Liens . LESSEE will not cause any mechanic's or materialman's lien to be placed on the Premises, and LESSEE agrees to indemnify, defend, and hold harmless LESSOR from any such lien from a party claiming by, through or under LESSEE. If any such claim of lien is placed on the Premises, LESSEE shall, within 30 days thereafter regardless of whether or not it contests the validity of the claim upon which such lien is 7 091619a HCBOC Page 189 based, post such bonds or take such other steps as may be necessary to remove such lien. 30. Headings. The headings of sections and subsections are for convenient reference only and shall not be deemed to limit, construe, affect, modify, or alter the meaning of such sections or subsections. 31 . Severability. Any provision of this Lease that is legally invalid, void, or unenforceable shall in no way affect, impair, or invalidate any other provision hereof, and the other provisions shall remain in full force and effect. IN WITNESS WHEREOF, LESSOR and LESSEE have hereunto set their hands and seal on this Lease Agreement the day and year first above written. ATTEST: Margaret Regina Wheeler, Clerk LESSEE: SHAWTOWN HIGH SCHOOL ALUMNI ASSOCIATION John Frank Smith, Sr. Title: -------------- LESSOR: COUNTY OF HARNETT Gordon Springle, Chairman Hamett County Board of Commissioners 8 091619a HCBOC Page 190 NORTH CAROLINA COUNTY OF ______ _ I, , a Notary Public of the County and State aforesaid, do hereby certify that personally appeared before me this day and acknowledged that he/she is of the Shawtown High School Alumni Association and that by authority duly given and as an act of the corporation, the foregoing instrument was signed on behalf of the corporation . Witness my hand and notarial seal this day of _______ , 2019. My Commission Expires: _____ _ NORTH CAROLINA HARNETT COUNTY Notary Public I , , a Notary Public in and for the aforesaid State and County, certify that Gordon Springle, personally appeared before me this day who being by me duly sworn, deposes and says that he is the Chairman of the Harnett County Board of Commissioners and Margaret Regina Wheeler i s the C lerk of said Board; that the seal affixed to the foregoing ins trument is the official seal of Harnett County; that said instrument was signed by him, attested by said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners of said County, and the said Gordon Springle acknowledged said instrument to be the act and deed of Harnett County. Witness my hand and notarial seal this __ day of ______ , 2019. Notary Public M y Commission Expires: ______ _ 9 091619a HCBOC Page 191 NORTH CAROLINA HARNETT COUNTY LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease "), made and entered into this_ day of September 2019, by and between Johnston-Lee-Harnett Community Action, a private nonprofit corporation (hereinafter referred to as "LESSEE") and the County of Harnett, a body politic and political subdivision of the State of North Carolina, (hereinafter referred to as "LESSOR") WHEREAS, LESSEE desires to lease space at the property owned by LESSOR, to wit, the building located at 252 Irene Roberts Road , Lillington, North Carolina for an initial term of ten (10) years; WHEREAS, LESSOR and LESSEE desire to enter into this Lease for the purpose of setting forth the respective rights , obligations, and duties of each party. NOW, THEREFORE, in consideration of the above-stated desires of the parties and such other mutual promises and covenants as are set forth below, LESSOR and LESSEE agree as follows: 1. Premises. LESSOR shall lease to LESSEE and LESSEE shall lease from LESSOR Suite 101 in the building located at 252 Irene Roberts Road, Lillington, North Carolina (hereinafter referred to as the "Premises"). In no event does LESSOR grant any interest in any property for which LESSOR is not the record owner. The Premises are leased for the express purpose of allowing LESSEE to conduct its community assistance programs . LESSEE acknowledges that parking spaces are not reserved for LESSEE 's operations under this Lease and that LESSOR cannot guarantee sufficient parking for LESSEE's operations . 2. Term. The term of this Lease (the "Term") shall commence upon execution of this Lease by both parties ("Commencement Date"). The Term of this Lease shall terminate on August 30, 2029 . If the LESSEE has fully complied with all of the provisions of this Lease during the Term, LESSEE and LESSOR shall convene a meeting at least 90 days prior to the end of the Term to discuss the possible terms of a new lease. In no event shall the term and renewal provisions stated in this paragraph extend this Lease beyond a ten (10) year term limit. 3. Rent. The rent for the Term of the Lease shall be $1.00 per year. LESSEE shall also pay for all improvements required to ensure that the Premises are safe for the provision of LESSEE's operations during the Term of this Lease. Upon the termination of this Lease, title to all improvements to the Premises, except for LESSEE's personal property, shall be automatically transferred to LESSOR. LESSOR and LESSEE agree that LE SSEE shall not be entitled to any compensation or reimbursement from LESSOR for any repairs , maintenance, construction costs, or any other expenses LESSEE incurs as a result of LESSEE's use or lease of the Premises. 1 091619a HCBOC Page 192 4. Title and Quiet Possession. LESSOR represents and covenants that LESSOR owns the Premises in fee simple except as set out in matters of record. LESSEE assumes the burden of conducting a title search or other investigation to its satisfaction. LESSOR represents and warrants to LESSE that LESSOR has the full right to make this Lease and that LESSEE shall have quiet and peaceful possession of the Premises throughout the term of this Lease. 5. Title Insurance. LESSEE, at LESSEE's option and expense, may obtain title insurance on the Premises. 6. No Waste or Nuisance. During the term of this Lease, LESSEE shall comply with all applicable Laws affecting the Premises, the breach of which might result in any penalty on LESSOR or forfeiture LESSOR's title to the Premises. LESSEE shall obtain any necessary governmental licenses or authorization required for the provision of LESSEE's community assistance programs and shall furnish copies of same to LESSOR if requested. LESSOR shall reasonably cooperate with LESSEE's efforts to obtain necessary licenses and authorizations. 7. Assignment and Subleasing. LESSEE may not sublet the Premises in whole or in part without LESSOR'S consent, and the making of any such sublease shall not release LESSEE from, or otherwise affect in any manner, any of LESSE E 's obligations hereunder. LESSEE shall not assign or transfer this Lease, or any interest herein, without the prior written consent of LESSOR, and a consent to an assignment shall not be deemed to be a consent to any subsequent assignment. In the event LESSOR should transfer its interest in the Premises, LESSOR shall have no further duties or obligations hereunder provided that the transferee agrees to assume all of the duties and obligations imposed hereunder on LESSOR and upon such third party's assignment not to amend, modify, or change in any manner whatsoever LESSEE's rights and obligations hereunder. Upon such a transfer, LESSEE shall, for all purposes expressed herein and incidental hereto, accept such transferee as its LESSOR hereunder. LESSOR may assign any or all rights, duties, and obligations created hereunder without the consent of LESSEE, provided such third party agrees not to amend, modify, or change in any manner whatsoever LESSEE's rights and obligations hereunder and assumes without modification LESSOR's rights and obligations hereunder. In all other circumstances, LESSOR shall first have obtained the written consent of LESSEE, which consent shall not be unreasonably withheld. 8. Notices . Any notice, report, statement, approval, consent, designation, demand, or request to be given, and any election to be exercised by a party under the provisions of this Lease shall be deemed to be given and received three days when made in writing and sent by United States certified or registered mail, postage prepaid, to the other party at the applicable address set forth below: 2 091619a HCBOC Page 193 LESSOR: LESSEE: Paula Stewart County Manager Post Office Box 759 Lillington, North Carolina 27546 With copy to : Senior Staff Attorney Post Office Box 238 Lillington, North Carolina 27546 Johnston-Lee-Hamett Community Action Attn: Marie Watson Post Office Box 711 Smithfield, North Carolina 27577 9. Condition of Premises. LESSEE acknowledges that LESSOR does not warrant that the Premises will be in a condition that would be safe for the provision of any of LESSEE's activities. LESSEE shall be solely responsible for maintaining the Premises in a safe and secure condition at all times that LESSEE occupies the Premises. LESSEE shall indemnify, hold harmless, and release LESSOR from any and all claims related to the condition and suitability of the Premises for LESSEE's use. 10. Maintenance of the Premises. LESSOR shall be responsible for the general maintenance of the Premises including, but not limited to, the roof, flooring , stairs, HY AC, electrical, fire extinguishers, windows, pest control, plumbing, parking areas, landscaping, exterior and interior walls, exterior and interior lights, sidewalks, and foundation. LESSOR shall not be responsible for the janitorial duties of the Premises and the repairs and maintenance of any improvements, fixtures, and equipment installed by LESSEE. 11. LESSEE Damage. LESSEE shall be responsible for the costs to replace or repair any damage caused to the Premises or grounds by the negligence or willful misconduct of LESSEE, its agents, employees, volunteers, members, and invitees. LESSEE shall reimburse LESSOR for the costs of to replace or repair any such damage within 30 days upon written demand by LESSOR. 12. Damage or Defect. LESSEE agrees to notify LESSOR immediately upon discovery of any damage or defect in need of repair to the Premises pursuant to Sections 10 and 11 of this Lease. If the damage or defect does not result from the negligence or willful misconduct of LESSEE, its agents , employees, volunteers, members, and invitees, and is 3 091619a HCBOC Page 194 a repair obligation incurred by Lessor pursuant to Section 10 of this Lease, repair of the damage or defect shall be made by LE SSOR at LESSOR's expense. 13. LESSEE Improvements. LESSEE shall have the right, at its sole expense, to make such improvements on the Premises as it may deem necessary, including any improvements necessary for LESSEE's community assistance programs, with the prior written approval of LESSOR. LESSOR's approval shall not be unreasonably withheld. LESSEE shall be solely responsible for the cost of any required work and shall ensure that all improvements comply with applicable codes, regulations , and requirements. However, LESSEE shall not destroy, remove, or make any improvements or changes to the Premises which would adversely impact the market value of the Premises or LESSO R's ability to use the Premises upon the termination of this Lease without the prior written permission of the LESSOR. LESSEE shall also reimburse LESSOR for the costs of improvements installed by LESSOR at LESSEE's request. During the term of this Lease, LESSEE shall maintain the Premises in a safe, clean, and neat condition. Upon termination of this Lease, LESSOR shall take possession and ownership of all improvements to the Premises, except for LESSEE's personal property. LESSOR may inspect any installation or other work performed on the Premises. To the extent that any repairs or changes are occasioned by (a) the acts of LESSEE, its agents , servants, employees, contractors, or invitees; (b) a defect or malfunction in LESSEE's equipment or any attachments thereto; ( c) a safety hazard, or violation of any applicable statute, rule, regulation, order, directive , or standard relating thereto , in or caused by LESSEE's property; (d) any changes or improvements to the Premises requested or made by LESSEE; or ( e) any violation or breach of any provision of this Lease by LESSEE or anyone acting under it; then LESSOR may make any required repairs at the expense of LESSEE . LESSEE shall reimburse LESSOR within 30 day s upon written demand for any such expenses incurred by LESSOR. 14. Right of Entry. LESSOR may enter the Premises immediately, and without notice to LESSEE in the event of emergency repairs to the Premises. In all other circumstances, LESSOR may enter the Premises for inspection, repair, alteration, or improvement of the Premises , but will provide Lessee with 24 hours ' notice of its intention to enter the Premises, and will not interfere with LESSEE's business operations during entry of the Premises. 15. Operating Expense. Except for those services which LESSOR has agreed to install for L E SS EE and/or share in the costs of operating certain services, LESSEE shall be responsible for arranging for the installation and operation of internet service, phone service, security systems, and other such services required for the use of the Premises by LESSEE and shall pay directly to the supplier thereof all charges, fees , or assessments for installation, connection, operation, and use of such services. Prior to installation of any such services, LESSEE shall obtain the written approval of LESSOR, which approval 4 091619a HCBOC Page 195 shall not be unreasonably withheld. If LESSEE installs any security equipment in the Premises, LESSEE shall provide LESSOR with access codes and/or provide for immediate entry to the Premises to enable LESSOR to meet its maintenance and repair obligations set forth in Sections IO and 14 of this Lease. LESSEE shall fully and promptly pay for all services furnished to the Premises and used by LESSEE throughout the term of this Lease, and all other costs and expenses of every kind whatsoever in connection with the use, operation, and maintenance of the Premises and all activities conducted thereon, with the exception of LESSOR's utilities obligations set forth in Section 16 of this Lease. 16. Utilities. LESSOR shall be responsible for the costs of electricity, gas, sewer, water, and trash collection for the Premises. LESSEE shall carry all trash to designated receptacles located outside of the Premises for trash collection by LESSOR. 17. Signage. LESSEE is permitted to place or display on exterior doors, walls, windows, or other locations designated by LESSOR a sign that can be easily removed to advertise its business, provided LESSEE obtains the prior written consent of LESSOR, which consent shall not be unreasonably withheld. LESSEE agrees that any such signs placed on a door, wall, or window shall not be painted but shall be in the form of a decal or other easily removable form. LESSEE is responsible for removing all signs and displays upon termination of this Lease. All signs shall be in compliance with any applicable laws, ordinances, and codes. 18. LESSEE's Performance and Surrender. LESSEE shall comply with all rules , regulations, and laws governing the provision of instructional and community services in North Carolina at all times during the term of this Lease. LESSEE shall pay the rent and all other sums required to be paid by LESSEE hereunder in the amounts, at all times, and in the manner herein provided, and shall keep and perform all terms and conditions hereof on its part to be kept and performed, and at the expiration or sooner termination of this Lease all improvements to the Premises, except for LESSEE's personal property, shall become the property of LESSOR. 19. Securing the Premises and Entrances. LESSEE shall be responsible for securing all doors and entrances to the Premises. 20. Government Compliance. LESSEE shall conduct its operations in compliance with all governmental laws and regulations, including all applicable local, state and federal rules and regulations . 21. Indemnity. LESSEE shall indemnify and hold LESSOR harmless from and against any and all losses, liabilities, claims, lawsuits, judgments, and demands whatsoever (including reimbursement ofreasonable legal fees and costs) which may arise out of or be caused by any act or omission or intentional wrongdoing of LESSEE or its agents, employees, invitees, or contractors, or which may arise out of or be caused by the maintenance, presence, use, location or removal of any equipment, system, or other 5 091619a HCBOC Page 196 property owned or operated by LESSEE or its agents, employees, or contractors. LESSEE hereby assumes the risk of the inability to provide its community assistance programs as a result of any reason whatsoever and agrees to indemnify and hold LESSOR harmless from all damages and costs of defending any claim or suit for damages of any kind including business interruption (and attorneys' fees) asserted against LESSOR by reason of such failure. LESSOR shall not be responsible for any damage to LESSEE's property, business, agents, employees, or invitees regardless of the cause of the damage. 22 . Insurance. LESSEE shall obtain and maintain in effect during the term of this Lease, a policy or policies for general liability insurance in the amount of $1,000,000.00 per occurrence and $2,000,000.00 aggregate coverage and shall name LESSOR as an additional insured on any such policy or policies. Such policy or policies shall protect LESSOR and LESSEE from claims for personal injury and property damage, including death. LESSEE shall maintain property insurance on all LESSEE owned contents. LESSEE shall promptly furnish to LESSOR certificates of insurance evidencing such insurance coverage. Insurance required hereunder shall be maintained by insurance companies rated "A-11 or better by "Best's Insurance Guide." In the event LESSEE fails to keep and maintain the liability insurance hereunder, LESSOR may purchase the said insurance and add the premiums to LESSEE's rent and the failure of LESSEE to pay the said premiums when due shall be considered a default and forfeiture of this Lease. 23. Events of Default, Termination. If LESSEE vacates or abandons the Premises or fails to perform any other act or obligation as set forth in this Lease and for a period of thirty (30) days following notice from LESSOR of such default fails to cure or commence appropriate action to cure such default, LESSOR may terminate this Lease. LESSOR may also terminate this Lease if state, federal, or local agency establishes any condition(s) for occupancy of the Premises which LESSEE fails or refuses to perform. No such termination of this Lease shall relieve LESSEE of its indemnification obligations and any previously accrued liability and obligations under this Lease and all such liability and obligations shall survive any such termination. a) Upon termination or expiration of this Lease, LESSEE will surrender the Premises to LESSOR in as good condition as existed at the commencement of the Lease except for reasonable wear and tear and in accordance with the terms of this Lease, or for damage due to causes beyond LESSEE'S control and without its fault or negligence, or for damage, howsoever caused, to the extent LESSOR shall have been compensated for such damage by insurance. b) Upon any termination or expiration ofthis Lease, LESSEE shall promptly remove its equipment from the Premises without damage to the property of LESSOR in accordance with the terms of this Lease. During the period of removal of its equipment, LESSEE'S right and obligations with respect to access to the Premises shall be the same as those during the period that this Lease is in effect, and until 6 091619a HCBOC Page 197 the completion of the removal of all such equipment. c) If any personal property owned by LESSEE shall not have been removed from the Premises within 30 days following the termination or expiration of this Lease, LESSOR shall have the right to sell the property in accordance with the North Carolina General Statutes and apply the proceeds of the sale to any amounts LESSEE owes to LESSOR m1der this Lease, or retain LESSEE's property, granting LESSEE's credit for the reasonable value of the property against any amounts LESSEE owes to LESSOR. d) LESSOR's failure to enforce or insist upon compliance with any of the terms or conditions of this Lease shall not constitute a waiver or relinquishment by LESSOR of any of such terms or conditions. No declaration of default by LESSOR under any provision of this Lease shall be deemed to impair or diminish LESSO R's rights against LESSEE for any breach of this Lease. e) LESSEE may terminate this Lease upon 30 days written notice to LESSOR if program needs for space change or changes in funding. f) LESSOR may terminate this Lease, without cause, upon one (1) year written notice to LESSEE. 24. Condemnation. If the whole of the Premises, or such portion thereof as will make the Premises unusable for the purposes herein leased, is condemned by any legally constituted public authority, then this Lease, and the term hereby granted, shall cease from the time when possession thereof is taken by the public authority. Any lesser condemnation shall in no way affect the respective rights and obligations of LESSOR and LESSEE hereunder. However, nothing in this paragraph shall be construed to limit or adversely affect LESSEE's right to an award of compensation from any condemnation proceeding for the taking of LESSEE's leasehold interest herem1der or for the taking of LESSEE's improvements, fixtures , equipment, and personal property. The provisions of this Lease governing LESSEE improvements and their removal shall be applicable should termination occur due to condemnation. 25. Binding on Successors. The covenants and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of the parties hereto. 26. Access to Premises. LESSEE and its officers, employees, agents, contractors and invitees shall have full access 24 hours per day, seven (7) days per week to the Premises during the term of this Lease. 27. Governing Law and Venue. This Lease shall be governed and construed in accordance with the laws of the State of North Carolina. Any action or proceeding arising under this Lease shall be filed and heard in the Superior Court of Harnett County. 7 091619a HCBOC Page 198 28 . Entire Agreement. This Lease reflects the entire agreement between LESSOR and LESSEE with respect to the Premises, and cannot be amended except by written instrument subsequently executed by the parties hereto. 29 . No Waiver. In the event that either party fails to enforce any obligation of the other party under this Lease when performance is due, such delay or failure to enforce shall not constitute a waiver of its right to seek full performance at any future time. 30. Mechanic's Liens. LESSEE will not cause any mechanic's or materialman's lien to be placed on the Premises, and LESSEE agrees to indemnify, defend, and hold harmless LESSOR from any such lien from a party claiming by, through or under LESSEE. If any such claim of lien is placed on the Premises, LESSEE shall, within 30 days thereafter regardless of whether or not it contests the validity of the claim upon which such lien is based, post such bonds or take such other steps as may be necessary to remove such lien. 31. Headings. The headings of sections and subsections are for convenient reference only and shall not be deemed to limit, construe, affect, modify, or alter the meaning of such sections or subsections. 32. Severability. Any provision of this Lease that is legally invalid, void, or unenforceable shall in no way affect, impair, or invalidate any other provision hereof, and the other provisions shall remain in full force and effect. IN WITNESS WHEREOF, LESSOR and LESSEE have hereunto set their hands and seal on thi s Lease Agreement the day and year first above written. LE SS EE: JOHNSTON-LEE-HARNETT COMMUNITY ACTION Name: -------------- Title: --------------- LE SSOR: COUNTY OF HARNE TT 8 091619a HCBOC Page 199 ATTEST: Margaret Regina Wheeler, Clerk NORTH CAROLINA COUNTY OF --------- Gordon Springle, Chairman Hamett County Board of Commissioners I, , a Notary Public of the County and State aforesaid, do hereby certify that , personally appeared before me this day and acknowledged that he/she is of the Johnston-Lee- Harnett Community Action and that by authority duly given and as an act of the corporation, the foregoing instrument was signed on behalf of the corporation. Witness my hand and notarial seal this _ day of _______ , 2019. My Commission Expires: _____ _ NORTH CAROLINA HARNETT COUNTY Notary Public I , , a Notary Public in and for the aforesaid State and County, certify that Gordon Springle, personally appeared before me this day who being by me duly sworn, depose s and says that he is the Chairman of the Hamett County Board of Commissioners and Margaret Regina Wheeler is the Clerk of said Board; that the seal affixed to the foregoing instrument is the official seal of Hamett County; that said instrument was signed by him, attested by said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners of said County, and the said Gordon Springle acknowledged said instrument to be the act and deed of Harnett County. Witness my hand and notarial seal this __ day of ______ , 2019. Notary Public My Commission Expires: ______ _ 9 091619a HCBOC Page 200 , .... -• " ~ , ... J • • " • • PAGE 108 The Daily Record, Dunn, N.C. l Friday, July 19, 2019 www.mydailyrecord.com LEGAL LEGAL LEGAL I PUBLIC NOTICE LEASE OF COUNTY PROPERTY The Harnett County Board of Commissioners intends to enter into lease agreements for the following county-owned proper- ties at the former Shawtown School campus located at the intersection of Shawtown Road and Irene Roberts Road in I Lillington, North Carolina: s r ) t 1. The Boys & Girls Club of Central Carolina -645 Shawtown Road, Suites 112,114,116, and 117 2 . Police Activities League ("PAL") -645 Shawtown Road , Suites 103,105,113,115 3. Re-Entry -645 Shawtown Road, Suites 202, 204, and 206 4 . Johnston-Lee-Harnett Community Action -252 Irene Roberts Road, Suite 101 5. Shawtown Alumni Association -252 Irene Roberts Road, Suite 100 The County intends to lease the properties designated above to The Boys & Girls Club of Central Carolina and Re-Entry for an initial term of three years. The Boys & Girls Club of Central Carolina and Re-Entry will also have the option to renew the leases for one additional term of five years. In consideration of the leases, The Boys & Girls Club of Eastern Piedmont and Re-Entry will pay an annual rent of $1.00 plus the average cost of utilities for the leased suites beginning in year two of the leases. , The County intends to lease the properties designated above to PAL, Johnston-Lee-Harnett Community Action, and Shawtown Alumni Association for an initial term of one year. PAL, John- ston-Lee-Harnett Community Action, and Shawtown Alumni Association will have the option to renew the leases for an additional term of two years, followed by one additional term of five years. In consideration of the leases, PAL, Johnston-Lee- Harnett Community Action, and Shawtown Alumni Association will pay an annual rent of $1.00. The Board of Commissioners will determine whether PAL, Johnston-Lee-Harnett Community Action, and Shawtown Alumni Association will be required to pay the average cost of utilities, or a portion thereof, upon renewal of the leases. All persons interested in this lease are invited to attend the meeting of the Hamett County Board of Commissi oners to be held in the Harnett County Administration Building located at 420 McKinney Parkway, Lillington , N .C. at 6 :00 P.M., on Monday, August 19, 2019. At that time the Board intends to authorize the lease of the property described above. 7 /19/19 091619a HCBOC Page 201 :OA R D OF EDUCAT ION ason T. Lemons, Chairman ton R. Go d frey , Vice-Ch airman 'ivia n W. Bennett :d d ie Jaggers \'illiam II . Mo rris :ha rl cs P. Bullock, Bo anl Attorney S HARNETT COUN TY SCHOOLS W. Bro B Agenda Item _ _a..J_'-[....._ __ _;; Jermai ne H. Wh it e, Assis ta nt Su pcrin tcnd cnc Monica J. Thompso n , Assi stan t Superinten d ent Tammy II. Mag ill , Chief Fi nance Officer r. O. Box 1029, Li llin gton, NC 27546 Phont: 9!0-893-8 15 1 / Fax: 9 10-893-4 279 HARNETT COUNTY BOARD OF EDUCATION RESOLUTION AUTHORIZING CONVEYANCE OF THE OLD B ENHAVEN SCHOOL PROPERTY TO THE COUNTY OF HARNETT WHEREAS , the Board of E ducation owns a piece of real property in the Barbeque Township known as the old Benhaven School property; and WHEREAS , the Harnett County Board of Commissioners provided $29 ,500,000 for the design and construction of the new Benhaven Elementary School and $22,500 ,000 for the design and construction of the new Erwin Elementary School; WHEREAS, completion of the construction of the new Benhaven Elementary School allowed the Board of Education to close the old Benhaven Elementary School; WHEREAS, the Board of Education declared the old Benhaven Elementary School surp lus and no longer necessary or desirable for public school purposes; WHEREAS, the Board of Education found that the best interests of the school system would be served by the disposal of said real property in accordance with the North Carolina General Statutes; WHEREAS , the Board of Education offered said real property to the Harnett County Board of Commissioners pursuant to N.C .G .S. §115C-518; WHEREAS, the Harnett County Board of Commissioners exercised its right to acquire the old Benhaven Elementary School; and WHEREAS, the Board of Education concluded that Harnett County's funding of the new Benhaven Elementary School and new Erwin Elementary School is fair compensation for the old Benhaven Elementary School ; NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Education that: 1. The Board of Education shall transfer ownership of the old Benhaven Elementary School to Harnett County in accordance with the provisions of G.S. 115C-518 and 160A-274. 2. The Board Chairperson and the Superintendent are authorized to sign a deed and any other related documents transferring the above-described property to Harnett County . ADOPTEDthis C\~ dayof~:::::::=N'~2~01~9:::::. ~~:::::::...- J a on T Lemons, air 0£:?= Superintendent/Secre ta ry to th e Board 091619a HCBOC Page 202 Harnett County Department of Public Health Activities Summary July 1, 2019 -June 30, 2020 Jul Aug Sep Oct Nov Dec Jan Feb Front Desk -Check-in Annointments 929 1123 Health Clinics Adult Women Wellness Clinic 2 3 ' Care Coordination for Children (CC4C) 182 199 Child Health -Sick Clinic 89 111 Child Health -Well Clinic 114 260 County Employee Health Clinic 122 125 Familv Plannina 129 159 Immunizations 171 342 Maternity (Prenatal Clinic) 202 190 OB Care Manaaement COBCM) 156 145 Postpartum Home Visits 16 10 Refer/Reoeat Pap 0 0 STD Services 121 118 TB Services 68 37 Welcome Baby Home Visits 16 11 Total Services 1388 1710 0 0 0 0 0 0 Reportable Disease Cases Tuberculosis 0 0 HIV -(Quarterlv reoort) 0 0 AIDS -(Quarterly report) 0 0 SYPHILIS -CQuarterlv reoort) 0 0 OTHER STD's 72 40 Other (salmonella , cammilobacter, etc) 5 6 Total Services 77 46 Health Education Outreach 189 269 Laboratorv Cllents 750 615 Laboratorv Tests 1270 1296 HIV Tests 140 151 WIC Active Particioatlon 2600 Vital Statistics Births In Countv u 31 46 Births Out of County -121 167 Deaths ---60 66 Environmental Health Annlications Received 49 53 Permits Issued 79 77 Completions Issued 59 53 Reoair Permits Applied 11 10 Permits Denied 1 0 Food and Lodalna Establ ishments lnsoected/Reinspected 84 83 Visits /Construction/Critical 40 57 Comolaints 6 1 Private Water Sunnties Well Aoolications Received 1 3 updated 09/05/2019 Agenda Item _ __,__J __ 5..___\_ Mar Apr May Jun troTAI AVG. 2052 1026 5 2.5 381 190.5 200 100 374 187 247 123.5 288 144 513 256.5 392 196 301 150.5 26 13 0 0 239 119.5 105 52 .5 27 13.5 0 0 0 0 3098 1549 0 0 0 0 0 0 0 0 112 56 11 5.5 123 61.5 458 229 1365 682.5 2566 1283 291 145.5 2600 2600 77 38.5 288 144 126 63 102 51 156 78 112 56 21 10.5 1 0 .5 167 83.5 97 48.5 7 3.5 4 2 091619a HCBOC Page 203 Agenda Item -15 ~ Harnett County Veterans Services Activities Reporting Form Month/Year August 2019 Request For Service Tracking Correspondence Claimant Written Action Taken (Telephone and In-Person) Out Status ... en a. 0 :, 'in C E i C 0 ·;; .. Q> 0 a.. C L&.. 0 -G> ftl ii C a.. 0 ,, ,,, u. 0 C It) C :::s 0 ;:i .: ; 0 ftl ca. e 0 G> C ftl z C '.e G> Q) C .s:: E Ill 0 ,,; .9 f? ftl s C 0 u C C -0 .!!! .s:: ftl C 3 Q, G> i iii -ftl 0 I; ca. e 'ii Cl) .. t!! ... 0 a. I'll--; ~ G> 0 Cl) 'ii E G> U 0 .s:: Q> u G> 3 Cl) ca. :, .s:: t:: C -::E .s:: -,, 5 > 0 Ill DATE NAME ! Cl) c5 • ;E 0 ~ i (I) 0 c : ,, u 0 Q> ii z w 0 0 w ti) zm 1 411 34 30 35 162 64 197 13 20 57 22 8 11 4 45 47 2 40 GW-51 VN-53 5 OFl-72 6 K-14 7 PT-6 8 WWll-1 --t? 9 ,,,,,.~ -~ ~ ./ c...-----..,._.,_. 10 I/..,-. J_A_ ~ • --c::, ... -,__ -11 Eric Truesdale 12 Harnett County Veterans -13 Officer -14 -Walk In: 230 -15 Walk In Front Desk: 79 -16 Phone Calls: 411 -17 Outreach : 30 18 Total Contacts: 750 -19 -20 -. Total 411 34 30 35 162 64 197 13 20 57 22 8 11 4 45 47 091619a HCBOC Page 204 Agenda Item -~f-15_ ... t.-.....3 __ COUNTY O F HARNETI BUDGET ORDINANCE AMENDM ENT BE IT ORD AINED by the Governing Boord of the County of Hornell. North Carolina. that the following amendment be made to the annual budget ordinance for the fiscal year ending Jun e 30, 2020. Section 1. To amend the Health Department General Fund, the appropriations are to be changed as follows : EXPEND ITURE AMOUNT ORG OBJECT PROJECT TAS K SUB-TAS K JOB DE SCR IP TION OF CODE IN CREASE DECREASE 1105 110 582000 Non-Capital Asse t-Sm Equip $600 1105110 5260 10 Office Suoolies $600 REVENUE AMOUNT ORG OBJECT PRO JECT TASK SUB -TASK JOB DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION : To move funds to align budge t. fh_.. .. • ... --t,. Jk....,Jr, A:: Dept Head (date) , ff er (dateB· County Manager (date) ti'--U-1 C, Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board. and to the Budget Officer and the Finance Officer for their direction. Adopted this ___ day of ________ , 2 0 __ . Margaret Regina Wheeler. Clerk to the Board Gordon Springle, Chairman Board of Commissioners 091619a HCBOC Page 205 COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Boord 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, 2020. Section 1. To amend the Board of General Fund, Cooperative Extension , the appropriations are to be changed as follows : EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1104990 502090 Solories/Woaes Contract $287,980 1104990 544000 Contracted Services 't287.980 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To move funds from Contracted Services account to Salaries & Wages Contracted account to facilitate better tracking of NCState and NCA&T employees. APPROVALS : Dept Head (dote) Section 2. Copies of this budget amendment shall be furni Finance Officer for their direction. Adopted this ___ day of --------, 20 __ . Margaret Regino Wheeler. Clerk to the Boord ~ ~...,Lich. 1:;, t: 'f\ ()n\ ~ Coun ty Manager (dote) e u· 'J;J 6 '"J.,\-· t c, the Boor , and to the Budgel Officer and t he Gordon Springle. Chairman Boord of Commissioners 091619a HCBOC Page 206 COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett. North Carolina, that the following amendment be mode to the annual budget ordinance for the fiscal year ending June 30, 2020. Section 1. To amend the Harnett Regional Water Capital Fund ,NHWWU · NORTH HARNETT WASTEWATER UPGRADE. the appropriations are to be changed as follows : EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE NHWWU C ONS TR CONSTRU CONSTR CHANGE ORDER INCREASE $28,950 NHWWU CONTGCY CONTINGENC CONTINGENC DECREASE CONTINGENCY $28,950 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION : Increasing change order for State Utility Contractors for modifications to electrical equipment and panels APPROVALS: ~ 8/26/2019 eo-wLJte.~ Dep1Heod (date) i~i,t:1f~ County Manager (da t e ) i...-~-t c; Section 2. Copies of this budget amendment shall be furnished to the Clerk t o the Bo ard, and to the Budget Officer and the Finance Officer for their direction . Adopted this ___ day of ________ . 20 _. Margaret Regina Wheeler, Clerk t o lhe Board Gordon Springle, Chairman Board of Commissioners 091619a HCBOC Page 207 COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett. North Carolina. thot the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2020. Section 1. To amend the General Fund, General Services, the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1104210 524030 M&R Suoolies -lnfotech $65 1104210 526010 Office Suoolies $65 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To fund tine Hem to replace battery back up and surge protector for a computer. APPROVALS: ~ ~~y~~ ~tHead (date) Adopted this ___ day of _______ • 20 _. Margaret Regina Wheeler, Clerk to the Board Gordon Springle. Chairman Board of Commissioners 091619a HCBOC Page 208 COUNTY OF HARNETI BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the fo llowing amendment be mode t o the annual budget ordinance for the fiscal year ending June 30, 2019. Section 1. To amend the Publlc Utilities Admlnlsratlon Budget, the appropriations are to be changed as follows: ORG 6107115 6107115 ORG EXPLANATION: EXPENDITURE AMOUNT OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 583000 Non-Cao Asset $10,805 52401 5 M & R Landscaoina $10,805 REVENUE AMOUNT OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE To move money from M & R Landscaping to Non-Cap Asset-Large equipment per finance request . Adopted this ___ day of _______ . 20 _. Margaret Regina Wheeler, Clerk lo the Board Gordon Springle , Chairman Board of Commission e rs 091619a HCBOC Page 209 COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Hamett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2020. Section I. To amend the Central Carolina Community College budget, the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1105920 602010 CCCC -CURRENTEXPENSE $210,000 1105920 602050 CCCC -HARNE1TPROMISE $210,000 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To reallocate the Harnett Promise funds into a separate line for accounting purposes. APPROVALS: Dept Head (date) County Manager (date) Section 2. Copies of this budget amendment shall be furni shed to the C lerk to the Board, and to the Budget Officer and the Finance Officer for their direction . P,eparcd by: Adopted this ___ day of ________ , 20 __ . Margaret Regina Wheeler, Clerk to the Board al coau Gordon Springle, C hairman Board of Commissioners Date: q ...-' ,---t °J September 10 ,2019 091619a HCBOC Page 210 COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT BE IT ORDAINED b y 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, 2020. Section 1. To amend the General Fund · Emergency Services, the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1104450 502090 Salaries & Waaes -Contract $57,100 1104450 519030 Medical $57,100 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB -TASK JOB DESCRIPTION OF CODE INCREASE DECREASE ' EXPLANATION: To budget funds to Medical for new EMS Assistant Medical Director, Independent contractor with a medical license, effective September 1, 2019. APPROVALS : Section 2. Copies of this budget amendment sha ll be furnishe and the Finance Officer for their direction. Adopted this ___ day of _______ , 20 _. Margaret Regina Wheeler, C lerk to the Board County Manager (dat e) h JO\ r '.J..1...-( 1 thetoard, and to the Budget Officer Gordon Springle, Chairman Board of Commissioners 091619a HCBOC Page 211 COUNTY OF HARNETT 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, 2020. Section 1. To amend the General Fund, Transportation, the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1104610 523030 Public Safety Suoolies $126 1104610 526010 Office Suoolies $126 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To cover the cost of Transportation's safety supplies. APPROVALS : i1 I, ..A+<htk. _)~ :2() F3 County Manager (date) BA#369i Section 2. Copies of this budget amendment shall be furnished to the lerk to the Board, and to the Budget Offi cer and the Finance Officer for their direction. <t-1 (r\. ~ Adopted this ___ day of _______ , 20 _. Margaret Regina Wheeler, Clerk to the Board Gordon Springle, Chairman Board of Commissioners 091619a HCBOC Page 212 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Hornet!. North Carolina. that the following amendment be mode to the annual budget ordinance for the fiscal year ending June 30. 2020 : Section 1. To amend the Governing Body/ Ad min -the appropriations are to be changed as follows: EXPENDITURE CODE NUMBER DESCRIPTION OF CODE 110 4110-526010 Office Sunnlies 1104110-532070 Internet 1104120-526010 Office Sunnlies 11 04120-532070 Internet 1104120-52501 0 WEX fuel needs REVENUE CODE NUMBER DESCRIPTION OF CODE EXPLANATION : To fund WEX Fuel and internet services (Ml-Fi) Journal Entry 393 -Fiscal year 2020 APPROVALS : ~--1~~.L-r 'i? .... ~ -ic, Deportment Head [dote) $ $ $ AMOUNT AMOUNT INCREASE DECREASE $ 500.00 500.00 $ 1.000.00 500.00 500.00 AMOUNT AMOUNT INCREASE DECREASE ~ 4 J+c • ...J c,....t- County Manager (dote) ~-ol.&'1, Section 2. C opies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their d irecti on. Adopted _________________ _ Margaret Regina Wheeler, Clerk to the Board Gordon Springle , Chairman Harnett Cou nty Board of Commissioner~ 091619a HCBOC Page 213 COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT BE IT OR DAINED 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 , 2020. Section 1. To amend the General Fund , Clerk of Court, the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1104180 526010 materials & sunnlies $39,800 1104180 587000 furniture $39,800 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION : Finance created a new object code so funds need to transfer from 526010 to 587000 APPROVALS : ~ i oceOffice 41'~ ~,Jrt~1·~W, --I~ --11---1~ Section 2. Copies of this budget amendment shall be furnished to the Clerk to t he Boord, and to the Budget Officer and t he Finance Officer for their direction. Adopted this ___ day of ________ . 20 __ , Margaret Regino Wheeler. Clerk t o the Board Gordon Springle. Chairman Board of Commissioners 091619a HCBOC Page 214 COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Boord of the County of Harnett. North Carolina, that the following amendment be mode to the annual budget ordinance for the fiscal year ending June 30, 2020. Section 1. To amend the General Fund , Facllttles Maintenance, the appropriations are to be changed as follows : EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1104230 535010 R & M Buildinas $2,600 1104230 533070 Sanitation $2,600 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE EXPLANATION: To pay sanitation charges to Waste Industries for Shawtown Complex. Weekly pickup per 96 gallon container is $12.20, annual total for four of t he 96 gallon containers will be $2.537 .60. Facilities Maintenance will pay the monthly invoices to Waste Industries. APPROVALS : Adopted this ___ day of ________ , 20 __ . Margaret Regina Wheeler, C lerk to the Board Gordon Springle, Chairman Board of Commissione rs DECREASE 091619a HCBOC Page 215 COUNTY OF HARNETI' BUDGET ORDINANCE AMENDMEN T BE IT ORDAINED b y the Governing Boord of th e County o f Harnett. North Carolina. that the following a mendment b e made to the annua l budget ordinance for the fiscal year endi ng June 30, 2020. Secti on 1. To amend the General Fund , Facllltles Maintenance, the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1104230 539050 Permits/Ta xe s/Fees $1.000.00 110 42 30 535010 R & M Buildinqs $1 ,000 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: Move monies to cover Invoices for elevator fees . APPROVALS : ~C.~ H~e/f ~IL-JJ:e.,J<.co,t- o ept He ad (d ote ) · o nc e O f er (~~i~ County M a nager (dote ) <\...--t \--L ~ Section 2. Copies o f this bud get amendment shall b e furnis~d t o the C lerk to the Boord. a nd t o the Budget O ffi cer and t he Fin a nce O ffi cer for th eir d irectio n . Ad opte d t his ___ day of _______ . 20 _. M a rgare t Regino Wheeler, C le rk t o th e Boord Gordon Sp rin g le. C hairm an Board o f Commissio ners 091619a HCBOC Page 216 COUNTY OF HARNETT BUDGE T ORDINANCE AMENDMENT BE IT O RD A INED by the Governing Board of the County of Harnett. North Carolina, that the foll owing amendment be mode to the annual budget ordinance for the fiscal year ending June 30, 2019. Section l , To amend the Harnett Regional Water Fund .the appropriations are to be changed as follows : EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION Of CODE INCREASE DECREASE 6107113 524020 Decrease M&R Eauioment $1,000 6107113 584000 Computer/Software Access $1 ,000 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION : New account line for computer accessories for HRW Water Plant Adopted this ___ day of ________ , 20 __ , Margaret Regino Wheeler. Clerk to the Board il ~·--+J+c .. XM k:" County Monogetfda te h '1"--H I ; Clerk to the Board. and to the Budget Officer Gordon Springle. Chairman Board of Commissioners \l'bSi 091619a HCBOC Page 217