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110419a Agenda PackageHARNETT COUNTY BOARD OF COMMISSIONERS County Administration Building 420 McKinney Parkway Lillington, North Carolina Regular Meeting November 4, 2019 1. Call to order -Chairman Gordon Springle 9:00 am 2. Pledge of Allegiance and Invocation -Commissioner Joe Miller 3 . Consider additions and deletions to the published agenda 4. Consent Agenda A. Minutes B. Budget Amendments C. Hamett County Tax Department is requesting approval of a list of late applications submitted. These applications meet all qualifications per General Statutes and are approved for the exemption/exclusion they are applying for, beyond being late. D. Sheriffs Office is requesting approval to accept a Bloodhound donation valued at approximately $1 ,000 from Tammy Bybee at "Just in case Bloodhounds" of 102 Cedar Bay Court, Coinjock, NC 27923. E . 2019 Adoption Awareness Month and Day F. Administration requests approval of the Public School Building Capital Fund North Carolina Education Lottery Application for the release of $1,021.528 for debt services. G. Hamett County Emergency Services requests approval of award of bid for Hamett County Emergency Services Debris Management and Removal Services to Southern Disaster Recovery (SDR). There are no initial funds required ; the cost begins once the county activates this contract during a disaster ev ent. H. Hamett County Emergency Services requests approval to accept the grant award from the North Carolina Department of Public Safety Emergency Management Division for the 2019 Emergency Management Performance Grant (EMPG) in the amount of $35,000.00 . No county match/funds are requested. I. Administration requests approval of a lease agreement with the Shawtown High School Alumni Association to occupy space within the building at 252 Irene Roberts Road, L illington, on the former Shawtown School Campus. The term of the lease agreement is for 10 years at a cost of $1 per year. J. Administration requests approval of a lease agreement with the Johnston-Lee-Harnett Community Action to occupy space within the building at 252 Irene Roberts Road, Lillington, on the former Shawtown School Campus. The term of the lease agreement is for 10 years at a cost of $1 per year. Page 1 of 2 110419a HCBOC Page 1 5. Period of up to 30 minutes for informal comments allowing 3 minutes for each presentation 6. Appointments 7. Update on Veteran Services, Eric Truesdale, Director of Harnett County Veteran Services 8. County Manager's Report -Paula Stewart, County Manager Hamett County Commission for Women and Youth's request for assistance with their Red Barn Community Free Thanksgiving Meal event. 9. New Business 10. Adjourn Possible Add-on: Harnett Regional Water requests approval for the purchase of upgraded encrypted radios for their SCADA system from Custom Controls Unlimited in the amount of $174,000 . Page 2 of2 110419a HCBOC Page 2 Agenda Item __ '-/......_-_._,4__..__ HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting October 21, 2019 The Hamett County Board of Commissioners met in regular session on Monday, October 21, 2019, in the Co mmi ssioners Meeting Room , County Administration Building, 420 McKinney Parkway, Lillington, North Carolin a. Members present: Member absent: Staff present: Gordon Springle, Chairman Howard Penny, Vice C hairman Mark B. Johnson, Commissioner Barbara McKoy, Commissioner Joe Miller, Commissioner Paula Stewart, County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Chairman Springle called the meeting to order at 6:00 pm. Commissio ner Johnson led the Pledge of Allegiance and invocation . Chairman Springl e called for any additions or deletions to the published agenda. Mrs. Stewart requested to delete from the agenda the Harnett County Sheriffs Office's request for permiss ion to accept a Governor's Highway Safety Grant with funding for 50% of the cost for one Deputy position. Mrs. Stewart also requested to add to the agenda for consideration Harnett County Cooperati ve Extension 's request for approval to accept the 2019/2020 North Carolina Tobacco Trust Fund Commissioner Southern Pea Project Grant for $32,500. Vice Chairman Penny moved to approve the agenda as amended. Co mmiss ioner Johnson seconded the motion that p assed 4 -0. Commissioner McKay move d to approve items on th e con sen t agenda. Vice Chai rman Penn y seconded the motion , which passed 4 -0. 1. Minutes: October 15 , 20 19 Work Session October 7, 2019 Regular Meeting October 1, 2019 Work Session August 27, 2019 Work Session August 13, 2019 Work Session May 14, 2019 Work Session October 2 I, 2019 Regular Meeting Minutes Harnett County Board of Commissio ners Page 1 of 6 110419a HCBOC Page 3 2. Budget Amendments: 16 Detention Public Safety Code 7504390 547010 7504390 350480 59 Emergency Services Code 1104411 529090 1104411 330310 Payment of Claims Service Charge Concessions Emergency Supplies State 108 Cooperative Extension CC&R Code 1104995 502020 Salaries & Wages Part-time 1104995 505010 FICA 1104995 507030 Workman's Compensation 1104995 507010 Unemployment Insurance 1104995 526010 Materials & Supplies 1104995 531010 Training/Mileage 1104995 531020 Training/Meals 1104995 531030 Training/Lodging 1104995 548000 Dues & Subscription 1104995 350430 Indirect Cost 1104995 584000 Non Capital Assest Info Tech 1104995 330210 Federal Revenue -CCR&R 142 Sheriff Public Safety Code 2104590 598500 2103900 390990 143 Sheriff Capital Reserve Code 5104310 555000 5103900 390982 4 78 Veterans Service Code 2504185 544000 2504185 544000 2504185 544000 2504185 544000 2504185 544000 2504185 519090 2504185 526010 2504185 539090 2504185 539090 2504185 330210 Sheriffs Capital Reserve Federal Asset Forfeiture Fund Balance Capital Outlay Equipment Transfer from Special Revenue M. Teachy G. Winderweedle G. Harrington E. Sperico M. Warren TBA Treatment Providers Materials & Supplies NCAOC Computer Cost Corrisoft SAMHSA Federal Grant 750,000 increase 750,000 increase 1,000 increase 1,000 increase 3 decrease 1 decrease 3 30 decrease 90 decrease 1,548 decrease 1,575 decrease 500 increase 1,000 increase 51 0 decrease 67 decrease 1,350 increase 1,274 decrease 139,632 increase 139,632 increase 139,632 increase 139,632 increase 16,269 increase 14,180 increase 5,257 increase 12,500 increase 7,800 increase 13,914 increase 843 increase 3 3 7 increase 3,600 increase 74,400 increase October 21, 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 2 of 6 110419a HCBOC Page 4 260 cccc Code 1105920 602020 1103900 390990 481 Veterans Services Code 2504185 519090 2504185 519090 2504185 519090 2504185 519090 2504185 531030 2504185 531020 2504185 531010 2504185 531040 2504185 531050 2504185 504010 2504185 5260 I 0 2504185 523040 2504185 330210 Youth Services Code 1105870 502020 I 105870 503030 1105870 5050 I 0 l I 05870 505050 1105870 506010 1105870 506020 1105870 506040 1105870 507010 1105870 507030 1105870 52 I 030 l I 05870 52501 O 1105870 528010 1105870 531030 1105870 54 7030 1105870 532030 I 105870 532050 1105870 330310 1105870 380890 1 I 05870 390510 611 Board of Education Code 4705913 553000 4705913 519040 4705913 599000 CCCC-Capital Outlay Fund Balance Appropriated G Harrington G Winderweedle M Teachy Skip Green Lodging Meals Training-Mileage Training-Transportation N ADCP Conference Fees Travel-Admin Materials & Supplies Drug Kits BJ A Federal Grant Salaries & Wages -Part-time 401(k) FICA State Retirement -General Medical Insurance Dental Insurance Life Insurance Unemployment Worker's Compensation Uniforms Vehicle Supplies -Fuel Athletic & Program Supplies Training -Lodging Indemnity Payment Cellular Service Postage State Other Revenue In Kind Fuel Tank Removal Asbestos Testing Contingency 160,000 increase I 60,000 increase 25,200 increase 56,400 increase 4 7, 124 increase 6,000 increase 1,080 increase 320 increase 41 increase 800 increase 1,490 increase 184 increase 3,081 increase 8,280 increase 150,000 increase 2,013 decrease 12 increase 154 decrease 727 decrease 20 increase 10 decrease 20 decrease 10 decrease 65 decrease 1 00 decrease 500 decrease 19 decrease 176 decrease 2,296 decrease 252 increase 252 decrease 5,000 decrease 1,000 decrease 58 decrease 91,006 increase 2, 125 increase 93, 13 1 decrease October 21, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of6 110419a HCBOC Page 5 3. 620 Board of Education Code 5905910 555000 5903900 390981 621 General Fund Code 1109910 599000 1109800 598500 843 CooQerative Extension Code 1104995 502010 1104995 502050 1104995 507030 1104995 507010 1104995 505050 1104995 506040 1104995 506010 1104995 505010 1104995 506020 1104995 503030 1104995 5040 l 0 1104995 531010 1104995 531030 1104995 531020 1104995 531040 1104995 531050 1104995 544095 1104995 330210 Capital Outlay Equipment Transfer From -General Fund Contingency Interfund Transfer -Capital Reserve Salaries & Wages Longevity Worker's Compensation Unemployment Retirement Life Insurance Group Insurance FICA Dental Supplemental Retirement Mileage Training-Mileage Lodging Meals Training/Transport/Rental Car Registration Incentives Adolescent Parenting Revenue Federal Tax rebates, refunds and releases 1,021,528 increase 1,021,528 increase 1,021,528 decrease 1,021,528 increase 4,301 decrease 695 decrease 591 decrease 76 increase 1,084 decrease 61 decrease 8 7 5 decrease 382 decrease 38 decrease 86 decrease 173 decrease 2 7 3 increase 2,561 increase 899 increase 2,192 increase 2,725 increase 40 increase 480 increase 4. Hamett County Tax Department requested approval of Property Tax Exemption/Exclusion Late Applications. The Tax Department stated that these applications meet all qualifications per General Statutes and are approved for the exemption/exclusion they are applying for, beyond being late. 5. Hamett Regional Water requested approval of a new water purchase contract with the Town of Angier. Hamett Regional Water will continue to supply water to the Town of Angier as they have since 1977. 6. Hamett County Emergency Services requested approval of the Emergency Medical Services Medical Director contract between County of Hamett and Sean Samuel Ray, M.D. effective November 1, 2019. Dr. Ray replaces Erin M. Wirths, D.O., who resigned from this position . October 21, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 6 110419a HCBOC Page 6 7. Hamett County Emergency Services requested approval to accept the 2019 Tier II LEPC Grant in the amount of $1,000 from the NC Department of Public Safety Emergency Management Division. No county matching funds are required and this is a reimbursable grant. Harnett County's Local Emergency Planning Committee will use these funds for the purposes of hazardous materials emergency response planning, training and exercises. 8. Hamett County Cooperative Extension requested approval to accept the Child Care Block Grant in the amount of $28,661 from the Chatham County Partnership for Children to continue providing training and workshops for childcare providers across Harnett County. No county matching funds are required. Chairman Springle opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. Sylvia McLean of287 Bethea Road in Lillington addressed the Board on behalf of the Shawtown Community Concerned Citizens. No appointments were made. Commissioners discussed the need to be able to vet applications prior to considering them for appointment. Harnett County Cooperative Extension Director Tim Mathews presented Cooperative Extension's request for approval to accept the 2019/20 North Carolina Tobacco Trust Fund Commission Southern Pea Project Grant for $32,500. Harnett County Cooperative Extension will use the funds to purchase two additional pea shellers to be used at multiple farms in 2020. Vice Chairman Penny moved to approve to accept the grant for $32,500 as presented. Commissioner McKoy seconded the motion that passed 4 -0. Hamett County General Services Director Barry Blevins petitioned the Board for a public hearing to allow citizens an opportunity to comment on transportation needs and the proposed 5311 Community Transportation Program application to be submitted to the North Carolina Department of Transportation. The Section 5311 program intends to enhance the access of people in non-urbanized areas to health care, shopping, education, employment, public services and recreation. Section 5311 assists in the maintenance, development, improvement and use of public transportation systems in non-urbanized areas. Mr. Blevins noted the public hearing is an annual requirement for these funds. The total estimated amount requested for FY202 l is $285,696 for Administration and $325,000 for Capital (Vehicles & Other) totaling $610,696 and requiring $75,356 in matching funds. Mr. Blevins said they are anticipate purchasing five new vehicles in the following year, four with wheel chair lifts and one minivan. Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move Chairman Springle closed the public hearing. Commissioner McKoy moved to approve the application and resolution to apply for the FY2021 funding and $75,356 in matching funds. Commissioner Johnson seconded the motion that passed 4 -0. October 21, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 6 110419a HCBOC Page 7 Coley Price, Assistant County Manager, petitioned the Board for a public hearing concerning a proposed agreement to extend economic incentives to Pallet Consultants of North Carolina, Inc., a North Carolina Corporation which intends to lease, upfit and reuse the industrial building located at 2 Dinan Road, Dunn, Harnett County, NC 28334, in order to establish and operate a pallet manufacturing facility. Mr. Price explained the proposed economic incentive package would include five annual incentive grants to be paid to PCNC from any available fund sources of the County, which will be calculated to be in amounts equal to a portion of the property taxes to be paid by PCNC, assuring a positive return on investment for the County. This facility project site with machinery and equipment will include a capital investment of approximately $3.7 million. During the five (5) year incentive period, fifty (50) full time jobs with an average annual wage of $38,360.00 will be created as a result of the operation of this manufacturing facility. Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move Chairman Springle closed the public hearing. Vice Chairman Penny moved to approve a Resolution to Enter Into An Incentive Agreement With Pallet Consultants of North Carolina, Inc. Commissioner Johnson seconded the motion that passed 4 -0. (Attachment 1) Mrs. Stewart presented the following reports: Harnett County Veterans Services Activities Report -September 2019 Harnett County Public Health Activities Summary -September 2019 Interdepartmental Budget Amendments Mrs. Stewart noted, at the direction of the Board, staff mailed 8 ounces of Hamett County native soil to the North Carolina National Guard Museum to be placed in the footings of the WWI monument site in France and at the State Capitol She also announced that JCPC would receive additional funding. Commissioners previously adopted a Resolution Supporting Juvenile Crime Prevention Council Allocation Expansion. Commissioners and staff wore pink in recognition of Breast Cancer Awareness Month. Mrs. Stewart shared information about the annual campaign and Hamett County's efforts to increase awareness about the disease, to educate all citizens about the risk factors, detection and treatment and our commitment to support breast cancer research. There was no new business or need for closed session. Vice Chairman Penny moved to adjourn the meeting at 6: 17 pm. Commissioner Johnson seconded the motion that passed 4 -0. Gordon Springle, Chairman Margaret Regina Wheeler, Clerk October 21, 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page6of6 110419a HCBOC Page 8 ATTACHMENT l NORTH CAROLINA HARNETT COUNTY RESOLUTION TO ENTER INTO AN INCENTIVE AGREEMENT WITH PALLET CONSULTANTS OF NORTH CAROLINA, INC. THAT WHEREAS, the County of Harnett ("County") has made economic development in Harnett County a major priority in an effort to recruit new industry and businesses to the County, to replace displaced industry previously located in the County, to retain and/or expand current industry located in the County, to provide local job opportunities for citizens of the County, and to increase the County tax base; and WHEREAS, Pallet Consultants of North Carolina, Inc. ("PCNC") is a North Carolina corporation with its principal office located at 810 NW 13 1h Ave., Pompano Beach, Florida 33069; that PCNC has decided to locate a pallet manufacturing facility (the "Facility") which will be located at 2 Dinan Road, Dunn, NC 28334, with the intent to apply for the County's economic development incentives. PCNC will enter into a long term lease of an approximate 4.01 acre real property tract upon which is located an approximate 41,920 square feet industrial building which will be renovated and upfitted by PCNC into its Facility which is projected to become operational no later than December 2019. In developing this Facility in Harnett County, PCNC plans to invest $3,700,000 and create approximately 50 full-time jobs; and WHEREAS, based upon PCNC's location of its pallet manufacturing Facility in Harnett County, the establishment of a direct investment tax base, and the creation of 50 full-time jobs, the County is willing to appropriate certain economic incentives in the form of monetary grants to PCNC pursuant to the provisions of N.C. General Statutes §158-7.1 which allows counties to make 110419a HCBOC Page 9 appropriations for the purpose of aiding and encouraging the location and/or expansion of manufacturing enterprises and industrial and commercial facilities in the County; and WHEREAS, the County and PCNC have negotiated an economic development incentive package which includes incentives to be paid to PCNC in the form of a grant of a maximum eighty percent (80%) of County ad valorem taxes paid by PCNC over a 5 year period, which said incentive payments or portions thereof are dependent on PCNC' s performance of various incentive conditions including the creation and maintenance of 50 full-time jobs that meet certain wage levels pursuant to a job creation 5 year schedule. That an instrument entitled "Pallet Consultants of North Carolina, Inc. and Harnett County, North Carolina Incentive Agreement" ("Incentive Agreement") which is attached to this Resolution as Exhibit A has been prepared for agreement between the parties to comply with the provisions ofN.C. General Statutes§ 158-7.1; that pursuantto N.C. General Statutes §158-7.l(c) and a published Notice of Hearing, a public hearing was held on October 21, 2019 concerning the terms of the proposed Incentive Agreement; that subsequent to the close of said public hearing and after deliberations, it is the desire of the Harnett County Board of Corrunissioners to approve the appropriation of this Incentive Agreement with PCNC subject to those terms contained within said Agreement. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that the Incentive Agreement attached hereto as Exhibit A between the County and PCNC is hereby approved, and that the proper officials of the County are hereby authorized to enter into the Incentive Agreement with PCNC. 2 110419a HCBOC Page 10 This the 21st day of October, 2019. COUNTY OF HARNETT By: ATTEST: 3 110419a HCBOC Page 11 EXHIBIT A PALLET CONSULTANTS OF NORTH CAROLINA, INC. and HARNETT COUNTY, NORTH CAROLINA INCENTIVE AGREEMENT Dated as of October _, 2019 110419a HCBOC Page 12 INCENTIVE AGREEMENT THIS INCENTIVE AGREEMENT is dated as of October_, 2019 (as supplemented or amended, the "Agreement"), and is between PALLETT CONSULTANTS OF NORTH CAROLINA, INC., a North Carolina Corporation ("PCNC") and HARNETT COUNTY, NORTH CAROLINA, a public body politic and a political subdivision of the State of North Carolina (the "County"), with each being referred to as a "Party", and both being referred to cumulatively as the "Parties". RECITALS: The purpose of this Agreement is to describe certain incentives to be provided by the County to PCNC in connection with the PCNC's location of a manufacturing facility in the County. ·NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained in this Agreement, the parties hereby agree as follows: ARTICLE I DEFINITIONS; RULES OF CONSTRUCTION 1.01. Dermitions. For all purposes of this Agreement, unless the context requires otherwise, the following terms shall have the following meanings: "Abandonment of Operations" means that for a period in excess of two (2) weeks PCNC's level of Full Time Employees or Direct Investment goes below twenty percent (20%) of the guaranteed minimum levels of Performance Commitments for Full Time Employees or projected amounts of Direct Investment. "Business Day" means any day that is not a Saturday or a Sunday, or a day on which banks in the State are required by law to be closed. "Change in Use" means any reduction in or diversion of use of the Facility which would not provide the guaranteed Performance Commitments of Full Time Employees, as set forth in Article II which are less than an Abandonment of Operations. "Closing Date" means the date on which this Agreement is first executed and delivered by the parties. "Direct Investments" means the original tax value of all building improvements and machinery and equipment placed by PCNC on the ad valorem tax rolls, regardless of the funding sources for said property. 2 110419a HCBOC Page 13 "Facility" means the manufacturing facility intended to be leased, renovated and occupied by PCNC on the site, as more particularly described in Exhibit A. The number of "Full Time Employees" means the number of employees hired who will be paid on the basis of forty ( 40) hours per week or two thousand eighty hours (2080) per year, who are paid average wages of thirty eight thousand three hundred and sixty dollars ($38,360) per year, or eighteen dollars and forty four cents ($18.44) per hour, and who are provided health insurance coverage by PCNC with PCNC paying at least fifty percent (50%) of the premiums for such coverage. "Incentives" means the various incentive payments from all sources referred to in this Agreement to PCNC. "Performance Commitments" means the levels of Full Time Employees to be hired by PCNC in relation to PCNC's operations in the Facility pursuant to Article II of this Agreement. "State" means the State of North Carolina. 1.02 Rules of Construction. Unless the context otherwise indicates: (a) Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the feminine and neuter genders as well; (b) All references to Articles, Sections or Exhibits are references to Articles, Sections and Exhibits of this Agreement; (c) All references to officers are references to County officers; and (d) The headings and Table of Contents herein are solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meamngs, construction or effect. ARTICLE II PCNC'S PERFORMANCE COMMITMENTS In return for the Incentives set forth herein, which are a competitive necessity for PCNC to choose to locate its Facility in the County, PCNC commits to certain Performance Commitments related to jobs created and incrementally increased taxes in the County. For the County to provide incentives to support the location of the Facility in the County there must be a competitive offer from another potential location for this Facility, and but for the provision of the incentives contemplated by this Agreement, PCNC would not locate its Facility in the County. Previous to the execution of this Agreement, PCNC has provided to the County evidence of a competitive alternative location for this Facility, which is satisfactory in the County's discretion. 3 110419a HCBOC Page 14 The Parties acknowledge and agree that the consideration for the County to enter into this Agreement is the expectation that PCNC will meet or exceed these Performance Commitments. Specifically, PCNC agrees to meet or exceed the following Performance Commitments: (a) PCNC will create and maintain in the Facility for the term of this Agreement, jobs for at least fifty (50) Full Time Employees, with this number of jobs being created in the following amounts no later than December 31 of each of the following years: 2020 29 2021 17 2022 0 2023 4 2024 0 Total Full time Employees 50 (b) PCNC agrees that the average wage level of all Full Time Employees in the Facility shall be no less than eighteen dollars and forty-four cents ($18.44) per hour. Benefits will be provided which will include, but not be limited to, PCNC providing health insurance coverage for its employees, with PCNC paying at least fifty (50%) of the cost for such coverage. (c) PCNC is expected to make and maintain initial Direct Investments in building leasehold renovations or construction and personal property equal to approximately three million seven hundred thousand dollars ($3,700,000), and the taxable property resulting from these Direct Investments as purchased and located at the Facility site on a phased basis shall remain in the County subject to ad valorem tax assessments for the remaining full term of this Agreement. Direct Investments shall not include the current property tax valuations of the land and building in which the Facility will be located as those valuations are shown on the property tax records of the County as of the date of the date of this Agreement which is three hundred forty one thousand eight hundred and ninety dollars ($341,890). It is understood that Direct Investments will be made over a period of time on a phased basis from the date of this Agreement through December 3 1, 2024. PCNC' s failure to make this anticipated level of Direct Investments, will not constitute a default under this Agreement, but the amounts of annual incentive grants will be affected based on the formula set forth in Section 3.01 of this Agreement. 4 110419a HCBOC Page 15 Confinnations of PCNC's attainment as to Perfonnance Commitments shall be as follows. The amount of Direct Investments shall be the amount of the tax value for the Facility real property leased by PCNC over the initial value of $341,890.00 and for all property owned by PCNC in the County as shown on the Business Real and Personal Property Tax Listings, for each year that new investments are made. The number of Full Time Employees and average wage level shall be detennined by the data shown on filings of fourth quarter NCUI Form IO 1 with the N.C. Employment Security Commission as to unemployment compensation taxes. The County may in its discretion require other documentation to verify the attainment of these Performance Commitments. ARTICLE III CASH INCENTIVES 3.01 Economic Development Incentive Grants. The County commits to pay to PCNC grants in the future pursuant to its Economic Development Incentive Grant program. These future grants are estimated be in the total cumulative amount of seventy six thousand five hundred thirty four dollars ($76,534), based on current projections by PCNC of Direct Investments and Full Time Employees. But the total cumulative amount may vary if there 1s a Change in Use or Abandonment of Operations. The County shall pay to PCNC five annual installments of Incentives. The amount of each annual installment of Incentives shall be calculated as eighty percent (80%) of property taxes paid by PCNC attributable to its Direct Investments, unless such amount is reduced by a Change in Use attributable to a short fall in Full Time Employees, as set forth in Section 3 .02 below. The above calculation of annual installments of Incentives is used for convenience and to assure that the County realizes a positive return on its investment in and inducement of this project, and does not represent a refund of property taxes paid. The first annual installment of Incentives shall be paid in 2021 for PCNC's attainment of Perfonnance Commitment as of December 31, 2020 for Full Time Employees and the amount as of January 1, 2021 for Direct Investments. Future annual installments oflncentives shall be paid in each of the next four (4) years. For each year when an annual incentive grant is to be paid for the previous year, PCNC will provide to the County no later than March 31 of that year a letter stating how many employees were on the payroll of PCNC and the amount of capital investments made by PCNC in improvements to the Facility and in personal property as of December 31 of the prior year. That letter will have as an attachment the NCUI Fonn 101 which was filed by PCNC for the fourth quarter of the previous year. Each annual installment of Incentives will be paid within thirty (30) days after PCNC has paid its property taxes for each grant year. 3.02 Reduction in Amounts of Grants. If a Change in Use occurs in any year of the term of this Agreement during which Incentives are being paid pursuant to Section 3 .01 above whereby the number of Full Time Employees for the prior year (if applicable for that year) is less than the Perfonnance Commitments, any annual installments of Incentives pursuant to Section 3.01 which are payable in that year shall be reduced. The amount of reduction of annual 5 110419a HCBOC Page 16 installments of Incentives grant shall be calculated as the same percentage by which there is a shortfall in Full Time Employees . For example, at the end of 2020, if PCNC is ten percent (10%) short in the number of Full Time Employees, then the amount of the annual installment of the Incentives grant for 2021 shall be reduced by ten percent ( l 0% ). 3.03 Abandonment of Operations. If in any year of the term of this Agreement PCNC has an Abandonment of Operations, the County shall have no further obligation to pay annual installments of Incentives for any year following an Abandonment of Operations. 3.04 Source of Funds . The Parties agree that the Incentives payments to be made by the County pursuant to this Article III may be paid from any fund source of the County's choosing which is not restricted as to the use of those funds . ARTICLE IV CONSTRUCTION OF FACILITY The Parties agree that construction of renovations to the Facility shall be solely PCNC's responsibility. PCNC shall cause the construction to be carried on in accordance with all applicable State and local laws and regulations. PCNC shall insure ( l) that the Facility does not encroach upon nor overhang any easement or right-of-way and (2) that the Facility, when erected, will be wholly within any applicable building restriction lines, however established, and will not violate applicable use of other restrictions contained in prior conveyances or applicable protective covenants or restrictions. PCNC shall cause all utility lines, and streets serving the Facility, which are located within the metes and bounds of the site on which the Facility is located, to be completed in accordance with health department standards and other applicable regulations of any governmental agency having jurisdiction. PCNC shall pay all taxes and all charges for utility services furnished to or used on or in connection with the Facility. PCNC shall bear all risk of loss to and condemnation of the Facility. PCNC shall observe and comply promptly with all current and future orders of all courts and regulatory bodies having jurisdiction over the Facility or any portion thereof (or be diligently and in good faith contesting such orders), and all current and future requirements of all insurance companies writing policies covering the Facility or any portion thereof ARTICLE V INDEMNIFICATION PCNC hereby agrees to indemnify, protect and save the County and its officers, directors and employees harmless from all liability, obligations, losses, claims, damages , actions, suits, proceedings, costs and expenses, including reasonable attorneys' fees, arising out of, connected with, or resulting directly or indirectly from the Facility or the transactions contemplated by or 6 110419a HCBOC Page 17 relating to this Agreement, including without limitation, the possession, condition, construction or use thereof, insofar as such matters relate to events subject to the control of PCNC and not the County. The indemnification arising under this Article shall survive the Agreement's termination. ARTICLE VI TERMINATION OF AGREEMENT PCNC shall have the option of terminating this Agreement upon failure of the County, to make incentive payments, as provided for in Article III of this Agreement. The County shall have the option of terminating this Agreement upon an Abandonment of Operations by PCNC, which option shall be executed by giving written notice to PCNC. In any event, the above terms notwithstanding, this Agreement shall terminate at the end term of this Agreement, which is defined as the period of time from the date of this Agreement until the last annual installment oflncentives is paid pursuant to Section 3.01 of this Agreement. ARTICLE VII ADJUSTMENTS OF PERFORMANCE TARGETS The Parties to this Agreement agree that if PCNC determines in the future that it can significantly exceed the Performance Commitments of Direct Investment or of Full Time Employees, but will need less than the Performance Commitments of the other measure, all parties will negotiate in good faith to amend the agreed upon Performance Commitments and formulations for reductions set forth in Article III of this Agreement. ARTICLE VIII TEMPORARY REDUCTIONS IN PERFORMANCE COMMITMENTS Notwithstanding anything herein to the contrary, if PCNC shall be prevented or delayed from fulfilling, or continuing to fulfil], either or both of the Performance Commitments as set forth in herein, by reason of a: (a) Government moratorium; (b) Delay in obtaining any governmental or quasi-governmental approvals, permits or certificates, despite reasonable efforts by PCNC to obtain same; (c) Enemy or hostile governmental or terrorist action; 7 110419a HCBOC Page 18 ( d) Act of God, including but not limited to hurricane, tornado, snowstonn, windstonn, earthquake or flood, fire or other extreme weather conditions or other casualty; (e) Strike, lockout or a labor dispute involving entities other than PCNC which causes PCNC an inability to obtain labor or materials; (f) Delay in funding from any state or local government incentive to or for the benefit of PCNC; or; (g) Any other event, other than nonnal business exigencies, which is beyond the reasonable control of PCNC. then the Perfonnance Commitments for the year(s) in which such event occurred shall be equitably reduced to reflect the effect of such event. The Parties shall negotiate in good faith to make an equitable reduction in the Perfonnance Commitments for an affected year(s). However, if the Parties cannot in good faith reach an agreement as to such adjustment, the Parties agree to submit this issue to binding arbitration on an expedited basis. ARTICLE IX ASSIGNMENTS No Party shall sell or assign any interest in or obligation under this Agreement without the prior express written consent of the due Party. Provided, however, that this Agreement may be assigned by PCNC to a wholly owned subsidiary of PCNC, without the consent of the County, provided that PCNC will guarantee the perfonnance by the Subsidiary of the obligations due under this Agreement. ARTICLEX LIMITED OBLIGATION OF COUNTY NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS CREATING A PLEDGE OF THE FAITH AND CREDIT OF THE COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL DEBT LIMITATION. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS DELEGATING GOVERNMENTAL POWERS NOR AS A DONATION OR A LENDING OF THE CREDIT OF THE COUNTY WITHIN THE MEANING OF THE STATE CONSTITUTION. THIS AGREEMENT SHALL NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE COUNTY TO MAKE ANY PAYMENTS BEYOND THOSE APPROPRIATED IN THE COUNTY'S SOLE DISCRETION FOR ANY FISCAL YEAR IN WHICH THIS AGREEMENT 8 110419a HCBOC Page 19 SHALL BE IN EFFECT. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED TO PLEDGE OR TO CREATE A LIEN ON ANY CLASS OR SOURCE OF THE COUNTY'S MONEYS, NOR SHALL ANY PROVISION OF THE AGREEMENT RESTRICT TO ANY EXTENT PROHIBITED BY LAW, ANY ACTION OR RIGHT OF ACTION ON THE PART OF ANY FUTURE COUNTY GOVERNING BODY. TO THE EXTENT OF ANY CONFLICT BETWEEN THIS ARTICLE AND ANY OTHER PROVISION OF THIS AGREEMENT, THIS ARTICLE SHALL TAKE PRIORITY. ARTICLE XI MISCELLANEOUS 11.01 Governing Law. The Parties intend that this Agreement shall be governed by the law of the State of North Carolina. 11.02 Notices. (a) Any communication required or permitted by this Agreement must be in writing except as expressly provided otherwise in this Agreement (b) Any communication shall be sufficiently given and deemed given when delivered by hand or five days after being mailed by first-class mail, postage prepaid, and addressed as follows: . (1) If to the County, to: County Manager Hamett County Government 420 McKinney Pkwy. P.O. Box 759 Lillington, NC 27546 (2) If to PCNC, to: Kevin Gutierrez Pallet Consultants of North Carolina, Inc. 810 NW 13th Ave. Pompano Beach, FL 33069 (c) Any addressee may designate additional or different addresses for communications by notice given under this Section to the other. 11.03 Non-Business Days. If the date for making any payment or the last day for performance of any act or the exercising of any right shall not be a Business Day, such payment shall be made or act performed or right exercised on or before the next preceding Business Day. 9 110419a HCBOC Page 20 11.04 Severabilitv. If any provision of this Agreement shall be determined to be unenforceable, that shall not affect any other provision of this Agreement. 11.05. Entire Agreement; Amendments. This Agreement, including Exhibit A, which is incorporated herein and made a part hereof, constitutes the entire contract between the parties, and this Agreement shall not be changed except in writing signed by all the parties. 11.06. Binding Effect. Subject to the specific provisions of this Agreement, this Agreement shall be binding upon and inure to the benefit of and be enforceable by the Parties and their respective successors and assigns. 11.07. provisions. Time. Time is of the essence in this Agreement and each and all of its 11.08. Liability of Officers and Agents. No officer, agent or employee of the County or PCNC shall be subject to any personal liability or accountability by reason of the execution of this Agreement or any other documents related to the transactions contemplated hereby. Such officers, agents, or employees shall be deemed to execute such documents in their official capacities only, and not in their individual capacities. This Section shall not relieve any such officer, agent or employee from the performance of any official duty provided by law. 11.09. Counterparts. This Agreement may be executed in several counterparts, including separate counterparts. Each shall be an original, but all of them together constitute the same instrument. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed in their corporate names by their duly authorized officers, a11 as of the date first above written. 10 110419a HCBOC Page 21 ATTEST: Margaret Regina Wheeler, Clerk This instrument has been preaudited in the manner required by The Local Government Budget and Fiscal Control Act Kimberly Honeycutt Finance Officer Hamett County, North Carolina HARNETT COUNTY, NORTH CAROLINA By: Gordon Springle, Chairman Hamett County Board of Commissioners I 1 110419a HCBOC Page 22 [SEAL] PALLETT CONSULTANTS OF NORTH CAROLINA, INC. By: Gustavo Gutierrez, President 12 110419a HCBOC Page 23 EXHIBITS: A -Facility description 13 110419a HCBOC Page 24 EXHIBIT A FACILITY DESCRIPTION The Facility is a current industrial building located at 2 Dinan Road, Dunn, NC 28334 which stands on a real property tract composed of 4.01 acres (County Parcel ID No. 0215160001). The building was initially constructed in 1979 and has approximately 4 I ,920 square feet. The property has been purchased and is currently owned by 2 Dunn Realty, LLC, a North Carolina Limited Liability Company, pursuant to deeds recorded in Book 3734, Pages 961 and 964, Harnett County Registry. PCNC plans to enter into a long-term lease agreement with 2 Dunn Realty , LLC on the above described real property. PCNC intends to conduct renovations on the building in order to establish a pallet manufacturing facility. 2 Dunn Realty, LLC and PCNC anticipate a capital investment of approximately $3.7 million for site purchase, site renovations and the installation of manufacturing machinery, equipment, and fixtures. During the 5year incentive period, 50 full time jobs with an average annual wage of $38,360.00 will be created as a result of the operation of this manufacturing facility. 14 110419a HCBOC Page 25 COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT Agenda Item 4-B BE IT ORDAINED by the Governing Boord of the County of Harnett, North Corolino. that the followi ng amendment be mode to the onnuol budget ordinance for the fiscal year ending Ju ne 30. 2020. Section 1. To amend the Health Deportment General Fund , the appropriations ore to be changed os follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 11051 10 502010 Salaries $6.970 1105110 503030 401k $140 1105110 505010 FICA $534 1105110 505050 Retirement $628 1105110 506010 Medical Insurance $1.2 16 11051 10 506020 Dental Insurance $44 1105110 507010 Unemployment $35 11051 10 507030 Wo rker's Compensation $25 11051 10 507050 Clinic $23 1105110 507070 OPES $15 1105110 523040 Medical Suoolies $3.355 11051 10 526010 Office Suoolies $275 1105110 532050 Postaoe $213 1105 110 53701 0 AdvertisinQ $6 .2 62 1105110 544095 Incentives $4 ,326 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1105110 330210 Federal·Familv Plonnino $24,061 EXPLANATION : To budget additlonol State funds received fo r the Family Planning progrom. APPROVALS : ~ 9 t fhvv/j ~~p,\t'\ Py, . L J ~ ->c...+: County Manager (date) 1...0 . .l.-""f--L ') Section 2. Copies of this budget amendment sha ll be furnished to the C erk to the Boord, and to the Budget Dept Head (dote) Officer and the Finance Officer for their direction. Adopted this ___ day of _______ , 20 _. Margaret Regina Wheeler, Clerk to the Boord Gord on Springle. Chairman Boord of Commissioners 3b 110419a HCBOC Page 26 COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by th e Go vernin g Boord of t he County o f Harnett, North Carolina , tha t th e foll o win g ame ndment be made to th e a nnu a l b udget ord inance for the fi sc a l year e nd ing June 30, 2020. Section 1. To amend the General Fund, Aging, the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1105160 528010 CARE Athletic & Proaram Suooli e s $500 1105160 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1105160 380840 CA RE Donati o ns $500 EXPLANATION: To budget additional donations anticipated to receive. R a, H A, <'. l, .{+c ..,J G..d::::: Dept Head (dote) Finance ficl"~d~j C o unty Man age r (date) tU ·t{~ Io -()-·t'l Se cti o n 2. Copies of this budget amendment sholl b e furnished to the Clerk to the Board , and to th e Budge-r Offi c er and the Finance Offic er for their direction. Adopted this ___ day of ________ , 20 __ . Margaret Re gin a Wheeler , Cl erk to the Bo ard G o rd o n Springle , Chairman Bo ard of Commissioners 16 110419a HCBOC Page 27 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, Detention Public Safety. the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 7504390 547010 Payment of claims $750.000 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 7504390 350480 Service Chorge<-Concessions $750,000 EXPLANATION: Move monies for payment of Jail phones under contract 20200754. APPROVALS: ffiav:,lli 1~ \O/'C/J9 ~-\( ~ • _)crzk Dept Head (date) finance 1cer (~t~ (\ County ManagerldateJ 1v-0 · 1 ,.o....-,? --i 'l Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board. and to the Budget Officer ond the finance Officer for their direction. Adopted this dcy of Margaret Regina Wheeler, Cieri:: to the Board , 20 Gordon Springle, Chairman Board of Commissioners 110419a HCBOC Page 28 COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Boord o f the County o f Harnett. North Carolina, tho! the following amendment be made to the annual budget ordinance for the fisca l year ending June 30. 2020. Section T. To amend the Health Department General Fund , the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1105110 522010 Food & Prov isions $178 1105110 544095 Incentives $172 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1105110 380840 Donations-Pink Ribbon $350 EXPLANATION: To budget additional funds received for the Pink Ribbon Breakfast. APPROVALS: t:, <:ut fhw2. 1:rh~ Dept Head [dote) Adopted this ___ day of -------· Margaret Regino Wheeler, Clerk to the Boord ,20 _. (~ \L. S+c .. .J~ County Manager (date) , ,a ..... , , -' 1 Gordon Springle, Chairman Boord of Commissioners \ \S\ 1 ~. "'' 110419a HCBOC Page 29 COUNTY OF HARNm 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 Development Services Department, the appropriations are to be changed as follows : EXPENDITURE ORG OBJECT PROJECT TASK SUB -TASK JOB 1104951 544000 AMPI OPERT CONTSVCS AMPI REVENUE ORG OBJECT PROJECT TASK SUB-TASK JOB 1104951 390990 1104951 330310 AMP! STATE NCDEQ AMPI EXPLANATION : Ta budget for the AMPI Program Extension for FY 19 ·20 Adopted this ___ day of _______ , 20 Margaret Regina Wheeler, Clerk to the Board AMOUNT DESCRIPTION Of CODE INCREASE DECREASE AMPI-Contracted Services $ 6,500.00 AMOUNT DESCRIPTION OF CODE INCREASE DECREASE Fund Balance Appropriated $ 5,500.00 State funding $ 1,000.00 Gordon Springle , Chairman Board of Commissioners 110419a HCBOC Page 30 COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of !he County of Harnett, North Carolina, tho! the following amendment be made to the annual budget ordinanc e far the fis c al year ending June 30, 2020 . Section 1. To amend the General Fund, Aging, the appropriations are to be changed as follows: EXPENDITURE ORG OBJECT PROJECT TASK SUB-TASK JOB 1105160 504010 SHIIP 1105160 532050 SHIIP 1105 160 526010 SHIIP REVENUE ORG OBJECT PROJECT TASK SUB-TASK JOB 1105160 330210 SHIIP EXPLANATION: To budget additional SHIIP funds received. APPROVALS: f 9 t fhw2 1:111/ff Dept Head (date) Adopted this ___ day of ________ , 20 __ . Margaret Regina Wheeler, Clerk to t he Board AMOUNT DESCRIPTION OF CODE INCREASE DECREASE Expense Allowance $100 Pos taqe $100 Office Suoolies $1,248 AMOUNT DESCRIPTION OF CODE INCREASE DECREASE Federal-SHIIP Funds $1,448 11.u L .L-4,Sk~ ... )(A..,{r: County Manager date) I-£) -n -l'l Jerk to the Board, and to the Budget Gordon Springle , Chairman Board of Commissioners 110419a HCBOC Page 31 COUNTY Of HARNETI BUDGET ORDINANCE AMENDMENT SE IT ORDAINED by the Governing Board of the County of Hornell, North Carolina, that th e following amendment be made to the onnual budget ordinance for the fiscal year end'1ng June 30. 2020. Section 1. To amend the General Fund. Cullurol & Rec Approp. the oppropriallons ore to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1106 199 547090 ART20 OPERT SUBGRANTEE ARTCOUNC IL NC ARTS COUNC IL ALLOCATION $34 ,598 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1106 199 330310 ART20 STATE NCNCR ARTCOUNCIL NC ARTS COUNCIL GRAN T $34,598 EXPLANATION: TO BUDGET THE GRANT AWARD FOR THE NORTH CAROLINA ARTS COUNCIL FOR FY 2019-2020, APPROVALS: Adopted this ___ day of _______ , 20 _. Margaret Regina Whe eler. Clerk to the Board ~ County Monager (dale)( ' c:, ..... 3--z t, ard, and lo the Budgel Officer and the Finance Gordon Springle, Chairman Boord of Commissioners 110419a HCBOC Page 32 Board Meeting Agenda Item Agenda Item _'-/~_-_{:_=---' MEETING DATE: November 4, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Property Tax Exclusion Late Applications REQUESTED BY: Tax Department REQUEST: The Tax Department is requesting approval of the attached list of application submitted after their deadline. These applications meet all qualifications per General Statutes and are approved for the exemption/exclusion they are applying for, beyond being late. According to General Statute 105-282.1 (al) Late Application. -Upon a showing of good cause by the applicant for failure to make a timely application, an application for exemption or exclusion filed after the close of the listing period may be approved by the Department of Revenue, the board of equalization and review, the board of county commissioners, or the governing body of a municipality, as appropriate . An untimely application for exemption or exclusion approved under this subsection applies only to property taxes levied by the county or municipality in the calendar year in which the untimely application is filed. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C :\ U s e rs\gwheel er\Ap pData\Local\M icroso ft\ Window s\IN etCache\Content. Outlook\OZMK66X9\N ov4agendafonn2019 .doc x Page 1 o f I 110419a HCBOC Page 33 Property Tax Relief/Exemption Application Appeals APPELLANT OWNER REASON FOR APPEAL TYPE ABSHIRE, HAROLD LATE APPLICATIOM DV JONES, GWENDOLYN LA TE APPLICATION ELD CONCEPCION, ALVIN LATE APPLICATION DV WRIGHT, JULIA LA TE APPLICATION DV LOVED, ROLANDA LATE APPLICATION DV BRYANT, GENEVIEVE LATE APPLICATION ELD GILBERT, MELISSA LATE APPLICATION DIS BALLARD, BONNY LATE APPLICATION ELD 110419a HCBOC Page 34 Board Meeting Agenda Item Agenda Item __ 4 ____ -_.0 __ MEETING DATE: November 4, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Donation of Bloodhound REQUESTED BY: Sheriff Wayne Coaats REQUEST: Sheriff Coats is requesting approval to accept a Bloodhound donation valued at approximately $1000.00 from Tammy Bybee at "Just in case Bloodhounds" of 102 Cedar Bay Court, Coinjock, NC 27923 FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\gwheelcr\AppData\Local\Microsoft\Windows\lNetCache\Content.Outlook\OZMK66X9\agendaform Bloodhound do nation 102319.doc x Page I of l 110419a HCBOC Page 35 Agenda Item _L/-"-_-~E~-- le~ , Harnett ' . '' ·(;....--;., C O U N T Y _ ~;,£,~~ N_O_R_T_H __ C_A-RO_L_I_N_A--------------------------------------------------------------h----~ ww.N. amett.org 2019 Adoption Awareness Month and Day WHEREAS, Hamett County families are encouraged to share their hearts and homes with youth ages nine and older waiting to be adopted ; and WHEREAS, every child deserves the opportunity to grow up in a loving, stable family and adoption is one way to build a family; and WHEREAS, caring adults can make all the difference in the lives of young people, sibling groups , children with special needs, and teenagers; and WHEREAS, the Hamett County Department of Social Services has worked diligently with the State of North Carolina to place foster children in adoptive homes ; and WHEREAS, in 2018, 12 children in Hamett County were adopted from foster care; and WHEREAS, NC Kids Adoption and Foster Care Network, within the North Carolina Department of Health and Human Services, Division of Social Services, recruits approved adoptive families with the hope of placing current children in foster care who are awaiting adoption; and WHEREAS, Hamett County joins the State of North Carolina joins the State of North Carolina and the North Carolina Department of Health and Human Services in spreading awareness on behalf of the hundreds of children in foster care in North Carolina who continue to wait for a loving permanent family. NOW THEREFORE, we, the Hamett County Board of Commissioners, do hereby proclaim November 2019 as "ADOPTION AWARENESS MONTH" and November 23, 2019, as "ADOPTION AWARENE SS DAY" in Hamett County, and commend its observance to all citizens. Adopted this 4th day of November 2019. HARNETT COUNTY BOARD OF COMMISSIONERS C. Gordon Springle, Chainnan Howard L. Penny Jr, Vice-Chairman Barbara McKoy Joe Miller Mark B. Johnson strong roots • n ew growth strong root s · new growth 110419a HCBOC Page 36 APPLICATION PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY Agenda Item 4 -F Approved:-------- Date: County: Harnett Contact Person: Dr. Aaron Fleming LEA : 043 ---Title: Superintendent Address ~ 1008 ~.1th Street. Lillington 27546 Phone: ----'-(9_1....:0)_893_-8_1_5_1 ____ _ Project Title: Debt Service _________ _ Location: Overhills Elem, Coats Elem. Gym, Overhills HS and Ulllngton/Shawtown Elementary Type of Facility: Schools and gym construction North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Publfc School Building C&pltal Fund In accordance with G.S. 115C-546.2. Further, G.S . 115C-546.2 (d) has been amended to Include the following: (3) No county shall have to provide matching funds ... (4) A county may use monies In this Fund to pay for school construction projects In local school administrative units end to retire Indebtedness incurred for school construcUon projects. (5) A county may not use monies In this Fund to pay for school technology needs. As used in this section, 'Public School Buildings" shall Include only facfllties for individual schools that are used for Instructional and related purposes, and does not Include central administration, maintenance, or other facilities. Applications must be submitted within one year following the date of final payment to the Contractor or Vendor. Short description of Construction Project: Retire a portion of debt for the COPS 2015(2007) schools/gym and the COPS 2011(2002) Refunding for Overhills HS/Lillington Shaw1own Elementary Estimated Costs: Purchase of Land ___ _ Planning and Des ign Services New Construction __ _ Add itions / Renovations Repair Debt Payment I Bond Payment _ ... -·. ___ _ TOTAL ---- Estimated Project Beginning Date: _ $ ___ _ $ 3,802,276.00 3,802,276.00 Est. Project Completion Date: We . the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and tt,e Board of Education do hereby jointly request app~oval of the above project, and request release of$ 1,021,528.00 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the parameters of G.S. 115C-546 . (Date) Form Date : Juty 01, 2011 110419a HCBOC Page 37 Agenda Item --4---J------::!1{;.IIIIE....___: Board Meeting Agenda Item MEETING DATE: October 21, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Award of Bid for Harnett County Emergency Services Debris Management and Removal Services during a disaster event. REQUESTED BY: Larry Smith, Emergency Services Director REQUEST: This is a formal request for the Board to approve an award of bid for Harnett County Emergency Services Debris Management and Removal Services to Southern Disaster Recovery (SDR). Our recommendation is based on their years of experience in the industry, their ability to work multiple disasters simultaneously, and their resource inventory which allows them to handle large disasters. Their proposal included a large percentage of local contract hire to as sist in the d ebris removal proce ss. Throughout the years they have been awarded local and federal debris removal contracts with very positive ratings from their cu stomers. The support staff of SDR are seasoned veterans and thi s would also help us in the reimbursement process. There are no initial funds required. The cost beg ins once the county activates this contract during a disaster event. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\User s\bstanci1\Desktop\agendaform20 19 -FRP Debris Management & Removal Services.d ocx I of2 Page 110419a HCBOC Page 38 BID SCORING I I I I EVALUATION CROWDER CRITERIA POINTS VALUE TCT DRC GULF SOR OMNI TFR Capacity For Mobilization 10 7 7 10 9 8 7 -c-Financial Stability, Size of Firm 15 10 15 15 15 13 13 Training/Experience/equipment/per sonnel and assets 15 10 12 15 15 12 12 ~rt1SeTrn=EMA-Re1mDurse-ment \ Process 10 5 I 6 -8 I 9 6 10 Past Performance 15 12 I 13 15 15 I 13 13 Reasonableness of Cost 20 18 10 18 I 20 18 9 POINTS SCORE -l 62 63 _L_ I 81 I 83 70 64 110419a HCBOC Page 39 Debris Management Bid Comparison 9/19 I I CROWDER Lowest Cost per ITEM# DESCRIPTION UNIT TCT DRC GULF SOR OMNI TFR category Mobilization & Lump 1 Demobilization Sum I C&D Debris Removal from I public right of way and 2 hauling to debris sight 0-15.9 miles Cubic Yd $6.95 I $8.65 $8.00 I $7.70 I $9.00 $6.15 ~ $7.20 I $8.65 $8.50 $7.50 $10.00 I $7.95 16-30.9 miles Cubic Yd 31-60 miles I Cubic Yd $7.70 I $8.65 $9.00 $7.50 $12.00 $8.95 I --r---Vegetative Debris Removal I from public right of way and hauling to Debris I 3 management site I 0-15.9 miles Cubic YD $6.70 $7.15 $8.00 $6.90 $9.00 I $6.15 I $6.95 $7.15 $8.50 $7.25 $10.00 I $7.95 I 16-30.9 miles Cubic YD _! I 31-60 miles Cubic YD J $7.45 $7.15 $9.00 $7.25 $12.00 $8.95 -~ ~ I C&D Direct Haul to final I I I disposal site from public I I property right of way (non I 4 DMSoption) I I I 0-15.9 miles Cubic YD $7.20 $8.65 $9.80 $7.20 $9.00 l $7.50 -I ----- -I 16-30.9 miles Cubic YD I $7.70 $9.65 $10.20 $7.50 $10.00 I $9.50 110419a HCBOC Page 40 Debris Management Bid Comparison 9/19 I 31-60 miles Cubic YD $7.95 I $10.65 I $11.20 $7.50 $12.00 $11.50 I I Stumps greater than 24 inch diameter -Direct Haul to Final Disposal site from public property right of way (stump volume shaU be I I I calculated using FEMA I 5 approved conversion table) I I 0-15.9 miles Cubic YD I $9.00 $8.65 $16.00 $6.90 $9.00 $10.75 16-30.9 miles Cubic YD $9.50 $9.65 $16.00 $7.25 $10.00 $12.75 I I I 31-60 miles Cubic YD $10.00 $10.65 $16.00 $7.25 $12.00 $15.75 -----Vegetative Direct Haul to Final Disposal site from Public Property right of 6 way (non DMS option) ,-.--$6.90 --$9.00I $7.SO I 0-15.9 miles Cubic YD $6.95 -~15 $9.80 -----$7~$1+ 16-30.9 miles . Cubic~ $7.20 $8.15 $10.20 ~ ----I 31-60 miles Cubic YD $7.70 $9.15 $11.20 $7.25 ~ $10.SO --r-110419a HCBOC Page 41 Debris Management Bid Comparison 9/19 I Disaster deposited silt, mud or sand, hauled from the designated site to DMS or I 7 final disposal site I I 0-15.9 miles Cubic YD $7.95 $12.50 $18.00 $13.00 $9.00 $10.50 I 16-30.9 miles Cubic YD $8.45 I $13.50 $19.00 $18.00 $10.00 $15.50 I 31-60 miles Cubic YD I $8.95 $14.50 I $20.00 $20.00 $12.00 $16.50 Re-Haul of C&D or reduced vegetative material of previously documented Debris from DMS to final 8 disposal site -I I I 0-15.9 miles Cubic YD $3.40 $4.95 $3.00 $3.90 $3.00 $4.15 16-30.9 miles Cubic YD $3.65 I $5.95 $5.45 $4.50 $4.00 I $5.15 I 31-60.9 miles Cubic YD $3.95 I $7.45 $7.15 $6.00 I $5.00 I $6.15 ----$4:-1 1--:00 I ~ 61-119.9 miles Cubic YD $10.45 $10.90 $9.00 I 120-150 miles Cubic YD I $4.95 $13.45 $15.00 $14.00 ~I $8.15 I I I ----Cutting of standing tree 9 1 determined by Owner to be J hazardous (Cutting only) I ---I 6 -11.99 inch diameter Tree $74.00 $40.00 $40.00 $65.00 $75.00 $150.00 I -Treel I S8o.oo 1 I 12 -23.99 inch diameter $134.00 $80.00 $190.00 $85.00 $270.00 110419a HCBOC Page 42 Debris Management Bid Comparison 9/19 I 24 -35.99 inch diameter Tree $194.00 $150.00 $140.00 $300.00 $99.00 I $390.00 1----i------------l------l----------l-------l-------l-----+-----,------1-----36 -47.99 inch diameter Tree $264.00 $250.00 $190.00 $450.00 $105.00 $590.00 48 inch diameter and greater Tree $324.00 $350.00 $260.00 $575.00 $125.00 $690.00 10 11 12 Cutting and/or removal of Dangerous Hazardous Limbs from tree (must be greater than 2" to be eligible)(cutting only). 1 to 2 limbs 3 to 4 limbs 5 or more limbs Cutting fallen trees on public right of way (if extending from private property, tree is cut from point of entry to ROW) Hazardous Stump Extraction. Each stump to be measured 2 feet from mean ground level. This item is for extraction fee only, for hauling purposes, stumps will be converted to cubic yard measurement and haul under vegetative rate I >24 -35.99 inch diameter , ___ I >36 -48 inch diamete!..__,_ I > 48 inch diameter ,-~I--j I Tree Tree Tree Tree each I each_!_ each I $74.00 $80.00 $90.00 $65.00 $75.00 $145.00 $74.00 $80.00 I $90.00 $75.00 $85.00 $145.00 $74.00 $80.00 $90.00 $90.00 $95.00 $145.00 $1.00 $25.00 $90.00 $95.00 $105.00 $250.00 $125.oo ~I __ $1_7_5._oo __ s_20_0_.o_o __ s_14_0_.o_o ____ s_25_0_.o_o I $195.oo ___ I _s_2_9_5._oo __ _j25o.oo $315.oo $350.00 J $225.00 $425.00 $300.00 $475.00 $450.00 $200.00 $350.00 $450.00 110419a HCBOC Page 43 Debris Management Bid Comparison 9/19 Backfilling of stump root I I ball boles with suitable soil 13 material each I I Collection, hauling and final disposition of eligible White Goods including but not limited to refrigerators, stoves, water beaters, 14 washer, dryer, etc. each $45.00 $75.00 $75.00 $30.00 $75.00 $25.00 Staging collection and hauling to owner designated solid waste facility of Refrigerator contents and s100.oo I 15 Spoiled food ton $100.00 $750.00 $200.00 $75.00 $195.00 I I Comprehensive Management of OMS and material handling. Includes, loading of debris, sorting, segregation, preparation for re-haul and special equipment for handling materials. Includes roadway construction at site, traffic control and inspection tower construction as Per Cubic 16 needed. YD $1.00 $1.45 $1.45 $2.00 $3.00 $2.00 -I 110419a HCBOC Page 44 Debris Management Bid Comparison 9/19 Reduction of DMS Per Cubic 17 Materials by Grinding YD $2.40 $2.75 $2.95 $2.95 $3.00 $1.50 I Reduction of DMS Per Cubic 18 Materials by Incineration YD $2.20 $1.85 $2.00 $2.35 $3.00 $1.00 I DMS preparation and reclamation. Include constructions of roadway at site, traffic control and inspection tower(s) as needed and maintenance throughout life of project. Close-out work includes Per Site reclamation and restoration Per I 19 by removal of constructions. Month -Load and Haul of storm I deposited soils (silt, sand or Per Cubic $7.95 I $14.50 $18.00 $13.00 $17.00 $15.00 20 mud) YD ----I ·------------Clearing debris from 21 ditches and drainage canals I 1 foot to IO feet (average Per linear -1 I width) Ft $40.00 $9.00 $14.00 $5.50 $8.00 $18.00 -I I Per linear I 10.1 to 20 feet (average width) Ft $53.00 $15.00 $18.00 $8.50 $10.00 $23.00 -20.1 to 35 feet (average l Per linearJ $59.00 ! $25.00 I $24.00 -, $9.75 I $12.00 I $29.00 I width) Ft I 110419a HCBOC Page 45 Debris Management Bid Comparison 9/19 I Greater than 35 feet (average 'Per linearj $66.00 I $35.00 I $34.00 I $11.50 ~3~ width) Ft i Collection, hauling, and I I final disposal of dead 22 animal carcasses. Per lb $3.00 $1.SO $1.00 $2.00 $3.00 $1.00 TOTAL 2,373.45 I 3173.45 2415.3 3114.6 2359 l 4331.1 I l --I I Ranking Debris Handling 2 ! 5 3 4 1 6 I TOTAL INCLUDING 9138.45 I 12,158.43 EQUIPMENT COST 9,297.30 8654.6 9014 13,391.10 ---1 ---= _j_ ---6--1----I Overall Ranking on Costs 3 5 4 1 2 110419a HCBOC Page 46 BID COMPARISON EQUIPMENT LABOR HOURLY HOURLY PRICE ITEM DESCRIPTION PRICE TCT DRC HOURLY PRICE Crowder Gulf Hourly Hourly Hourly Price SOR Price OMNI Price TFR COMMENTS I ---+·----+--------------1------• JD 544 Wheel Loader with debris grapple I $130.00 $180.00 $100.00 $135.oo I s125.oo s160.oo JD 644 Wheel Loader with debris grapple $135.oo I s19o.oo s14o.oo $145.00 $125.00 $175.00 Extendaboom Forklift with debris grapple $100.00 $140.00 $85.00 $85.oo I s125.oo $155.oo 753 Bobcat Skid Steer Loader with debris grapple $85.oo $120.00 $95.00 $85.00 $75.00 $135.00 753 Bobcat Skid Steer Loader with bucket $80.00 $120.00 $95.00 $95.00 $85.00 $145.00 $65.00 $95.00 I $145.00 I 753 Bobcat Skid Steer Loader with street sweeper $85.00 $120.00 $95.00 30-50 H Farm Tractor with box blade or rake $70.00 $65.00 $75.00 $55.00 $55.00 $95.00 1_2 ___ 2_Y._2 -cu_._y_d_._A_r-ti-c-ul-a-te-d-Lo_a_d_e_r_w_i_t_h_b_u_c_ke_t __ lf--$-1-25-.o-o-+--$-1-80-.-00--+---$-1-20-.-oo-t--$-11-o-.o-o-t--$-1-oo-.o-o-1~60.oo +--1----• 3 - 4 cu. yd. Articulated Loader with bucket $130.00 $190.00 $150.00 $125.oo $100.00 $165.oo I --------r----+------.----t----, JD 648E Log Skidder or equivalent $125.00 $125.00 $105.00 $95.00 $100.00 $110.00 1-----4------+----------+------+-----t _76_-105 HP Dozer $110.00 I $106.oo $90.00 $65.oo $100.00 j $120.00 106-160 HP Dozer $120.00 $125.00 $130.00 $70.00 $105.00 . $160.00 I 161-250 HP Dozer ---------,--1 -$-1-30-.o-o-j--$-1_5_0.-00-1--$-1-65-.0-0-1--$-7-5.-0o-+--$1-10.oo ~260.00 j' -----~~~· ·-2-5-1--3-G_O_H_P_D_o_z_e_r ____ ---------[ $140.00 $200.00 $180.00 $80.00 $120.00 $290.00 I 361-565 HP Dozer j $160.00 ,_s_2_20_.o_o-+-_s2_1_5._oo_, __ $9_5_.o_o+--_$1_3_o._oo_ $_3_90_.o_o_+[ __ _ CAT 125 -140 HP Motor Grader $125.oo .J_ $150._oo_ ..... l _s_1_0_5._oo--+-__ $8_5_.o_o-+--_$_55_._oo__..__s1_4_5_.o_o.., ___ _ --I $130.00 I $165.00 $120.00 $145.00 $110.00 $170.00 I JD 690 Trackhoe with debris grapple 110419a HCBOC Page 47 JD 690 Trackhoe with bucket and thumb I $135.oo I $165.00 $120.00 $145.00 $125.00 $175.00 l Rubber Tired Excavator with debris grapple J$13o.oo s155.oo I $120.00 $125.00 $110.00 $165.00 JD 310 Rubber Tired Backhoe with bucket and hoe $100.00 $155.00 $130.00 $100.00 $110.00 $145.00 566-850 HP Dozer $170.00 $225.00 $340.00 s110.oo I $155.00 f $490.00 Rubber Tired Excavator with debris grapple $130.00 $155.00 $120.00 $125.00 $110.00 s115.oo I I s110.oo I I 210 Prentiss Knuckleboom with debris grapple $175.00 $250.00 $105.00 $150.00 $265.00 CAT 623 Self-Loader Scraper $125.00 $155.00 $180.00 $105.00 $100.00 $165.00 Hand-Fed Debris Chipper $70.00 $325.00 $45.00 $50.00 $55.00 $70.00 -300 -400 HP Tub Grinder $385.00 $325.00 $575.00 $495.oo I s1,ooo.oo $300.00 800 -1000 HP Tub Grinder $500.00 J $545.00 $630.00 $650.00 I s1,100.oo $400.00 I 30 Ton Crane s225.oo I $295.00 $190.00 $95.00 $100.00 $200.00 50 Ton Crane $300.00 $395.00 $250.00 $145.00 $125.00 $400.00 100 Ton Crane (8 hour minimum) $500.00 $595.00 $320.00 $295.00 $135.00 $800.00 40 -60' Bucket Truck $140.00 $275.00 $110.00 $90.00 $85.00 $190.00 --Greater than 60' Bucket Truck $145.00 $325.00 s14o.oo I $100.00 $95.00 $225.00 Fuel/ Service Truck I $70.00 $100.00 $120.00 $55.00 $55.00 $95.oo I -s110.oo I Water Truck $70.00 $100.00 $70.00 $55.00 $55.00 Portable Light Plant $25.00 $75.00 $25.00 $40.00 $15.00 $45.oo I Lowboy Trailer with Tractor $115.00 $120.00 $130.00 $125.00 $125.00 $110.00 ! ---------Flatbed Truck $70.00 $100.00 $110.00 $45.00 $95.00 $90.00 ! --Pick-up Truck (unmanned) $25.00 $10.00 $20.00 $25.00 $15.00 $15.00 I Self-Loading Dump Truck with debris grapple $175.00 $145.00 $130.00 $135.00 $125.00 $270.00 ---- -- ----$55.oo I s160.oo I Single Axel Dump Truck, 5 -12 cu. yd $95.00 $100.00 $60.00 $50.00 -----Tandem Axle Dump Truck, 16 -20 cu. yd I $100.00 $110.00 $70.00 $55.00 $75.00 s165.oo ! -110419a HCBOC Page 48 Tandem Axle Dump Truck, 21-30 cu. yd $100.00 $120.00 $80.00 $60.00 I $85.00 $175.00 Tandem Axle Dump Truck, 31 -50 cu. yd. $105.00 $140.00 $92.00 $65.00 $95.oo I $185.00 Tandem Axle Dump Truck, 51-80 cu. yd. $105.00 $175.00 $110.00 $85.00 $115.00 $195.00 Power Screen $275.00 $175.00 $170.00 $100.00 s100.oo I $90.00 Stacking Conveyor $275.00 $175.00 $60.00 $65.00 $100.00 s10.oo 1 Chainsaw (without operator) I $5.oo I $5.00 $10.00 $35.oo I $35.00 $5.00 Air Curtain Incinerator, self-contained I $125.00 $125.00 $65.00 $55.00 $200.00 $85.00 Temporary Office Trailer I $30.00 I $125.00 $50.00 $30.00 $25.00 $45.00 j I $65.001 I Mobile Command and Communications Trailer $40.00 $195.00 $70.00 $30.00 $55.00 Laborer, with small hand tools Skilled Sawman I j ' Crew Foreman with cell phone ' TOTAL $6,765.00 $8,985.00 $6,882.00 $5,540.00 $6,655.00 $9,060.00 COST RANKING 3 5 4 1 2 I 6 --All equipment rates include the cost of the operator, fuel and maintenance. ~ -All labor rates include the cost of personal protective equipment, including but not limited to: hardhat, traffic safety vest, steel-toed shoes, gloves, leggings and protective eyewear. 110419a HCBOC Page 49 Prop·osal In Response To RFP -DEBRIS MANAGEMENT AND REMOVAL SERVICES Harnett County Finance Emergency Management Debris Management RFP 420 McKinney Parkway Lillington, NC 27546 September 16, 2019 at 4:00 p.m. Submitted by aern Diaaater Recovery izft)ls • ..a• very Contact Person: Al Mcclaran 222 Rice Mill Circle, Sunset Beach, NC 28468 Ph: (864)46,9-9776 Fax: (864)469-9642 al@southerndr.com Greenville County, SC Business License #047393 NC General Contractor License #80390 • f (I I . ..-. 1 / 1 ·\ ~· .. ~ -J l , I~ , I •.• ....., ...... ,. "" ., ¥ ,I . ,. ,• ,~I 110419a HCBOC Page 50 Southern Disaster Recovery LETTER OF TRANSMITTAL Due: September 16, 2019 at 4:00 p.m. RE: RFP -DEBRIS MANAGEMENT AND REMOVAL SERVICES Harnett County Finance Emergency Management Debris Management RFP Attn: Larry Smith, Director Emergency Services 420 McKinney Parkway Lillington, NC 27546 Dear Larry Smith: Southern Disaster Recovery (SOR) is pleased to submit the enclosed proposal for RFP DEBRIS MANAGEMENT AND REMOVAL SERVICES for Harnett County, North Carolina, which sets forth our ability to perform the services requested. We have included detailed information regarding SOR's organizational structure, qualifications, resources, and experience we bring to our clients . We strive for excellence and integrity in our business practices and recognize the seriousness of compliance with all laws, specifically FEMA regulations. It i s our pl edge to provide Harnett County, North Carolina with the utmost in ethical and profess ional disaster debris management se rvices. TSI Disaster Recovery owned by Henry Elmore (a Harnett Co. resident) will be our prime subcontractor. Since its inception, SDR has delivered supreme debris recovery and removal services for the entities to which we have bee n contracted. When a di saster strikes, localities want the assurance that the contractor they have chosen to aid in reclaimin g their land s will provide efficient and comprehensive services. SOR has the experience and r eputation to accompli sh the contract r equirements to the satisfaction of all partie s involved. SDR has significant available resources to manage disaster debris operations for all entities to whom we are contracted . SOR personn el h ave over 75 years combined expe ri enc e in disaster recovery and debris management. With our management staff and safety officers, assets of over $15 million, and annual sales exceeding $20 million, we are large enough to manage multiple contracts simultaneously, without sacrificing the hands-on attention required by every entity's unique situation. In the pa st seven years, SOR has safely and successfully completed over 70 disaster debris contractors managing and disposing of over 5 million cubic yard s of debris, valued ov er $100 million. SOR has al so completed debris cl ea ring as a result of the catastrophic California wildfires that has continued into 2019. If awarded thi s contract, SOR will work closely with County officials, Emergency Management, and Public Works to complete the project efficiently. Our commitment extend s into the community with our intention to utilize the ma ximum amount of local resources to fulfil our contractual respon sibilities. Once t he Notice t o Proceed is received, SOR will begin promptly with the debris recovery and remova l process. 109 White Oa k Rd . Gree nville, SC 29609 I Office 864-4 69 -9 77 6 www.southerndr.com Fax 864-469-9642 110419a HCBOC Page 51 Southern Disaster Recovery This proposal is in all respects fair and in good faith without collusion or fraud. Al Mcclaran, the signer of this proposal, has the authority to bind Southern Disaster Recovery, LLC in all representations of this proposal. SDR intends to be bound by the terms of this proposal and the prices provided herein. We look forward to the opportunity to be your supplier of DEBRIS MANAGEMENT AND REMOVAL SERVICES. Sincerely, Al McClaran, CEO/Member Southern Disaster Recovery, LLC Below is the contact information for this contract: Company Name Southern Disaster Recovery, LLC Address in SC 109 White Oak Rd. Greenville, SC 29609 Address in NC 222 Rice Mill Circle, Sunset Beach, NC 28468 Phone (864)469-9776 Fax { 864 )469-9642 Email al@southerndr.com 109 White Oak Rd . Greenville, SC 29609 I Office 864-469-9776 I Fax 864-469-9642 www.sout herndr.com 110419a HCBOC Page 52 Hamett County Right of Entry Agreement I/W"e Al Mcclaran , the owner(s) of the property commonly identified as, _10_9_W_h_it_e_O_ak_R_d_. -------State of __ s_c ________ _ (Street) Greenville, SC 29609 Greenville (City/Town) (County) do hereby grant and give freely and without coercion, the right of access and entry to said property in the County of Harnett , its agencies, contractors, and subcontractors thereof, for the purpose of removing and clearing any or all storm-generated debris of whatever nature from the above described property. It is fully understood that this permit is not an obligation to perform debris clearance. The undersigned agrees and warrants to hold harmless the County of Harnett , State of North Carolina , its agencies, contractors, and subcontractors, for damage of any type, whatsoever, either to the above described property or persons situated thereon and hereby release, discharge, and waive any action, either legal or equitable that might arise out of any activities on the above described property. The property owner(s) will mark any storm damaged sewer lines , water lines, and other utility lines located on the described property. I/We (have, have not) (will , will not) received an y compensation for debris removal from any other source including SBA, ASCS, private insurance, individual and family grant program or any other public assistance program. I will report for this property a ny insurance s ettlements to me or my family for debris removal that has been performed at government expense. For the c onsiderations and purposes set forth herein , I set my hand thi s _______ ,, 2019. Witnes s __ (& __ ·~----~...;;;;..;;;f =~..;...._ ___ _ Own er/Telephone Number/ Address _A_I M_c_C_la_ra_n_l _8_64_._4_6_9_.9_7_7_6...,a~_...~( .... /h~k:::::::=---- 109 White Oak Rd. Greenville, SC 29609 day of 110419a HCBOC Page 53 Southern Disaster Recovery TAB 1 -CAPACITY FOR MOBILIZATION 109 White Oak Rd. Greenville, SC 29609 J Office 864-469-9776 I Fax 864-469-9642 www.south e rndr.com 110419a HCBOC Page 54 Soutbem DJsaster Recovery Company's Technical and Construction Capabilities Contract Management I Accounting I Administrative Practices Southern Disaster Recovery, LLC ~ Headquartered in the South Carolina Upstate in Greenville . ~ Centrally located between Charlotte, North Carolina and Atlanta, Georgia. ~ Near 3 international airports ~ Satellite locations in Fairmount, GA, Jacksonville, FL, and Roseville, CA Our strategic location enables us to respond quickly to the needs of our clients. We specialize in environmental disaster preparedness, response, and recovery, and we have the resources, skills, and expertise to assist local, state, and federal entities. Southern Disaster Recovery, LLC's (SOR) management and support staff have the knowledge to assist entities with: ~ Developing a Debris Management Plan ~ Trainin g appropriate entity staff in all aspects of debri s disaster recovery ~ Managing comprehensive debris recovery operation s: Response I Demolition I Collection I Reduction I Final disposal SOR is skilled in all aspects of FEMA documentation criteria, which is paramount for entities to receive accurate and complete reimbursement. We ensure entities receive all federal disaster funding to which they are entitled. We have a full-time CPA on staff with a committed administrative staff to ensure compliance with all industry standards of superior debris operations. Rest as sured , SOR is able to succ essfully fulfill our contract obl igations to the satisfaction of all parties. As a premier Disaster Debris Recovery and Removal Contractor, SOR is committed to: ~ Excellent business practices ~ Professional, ethical, and safe operations ~ Strict adherence to all FEMA requirements for procurement, debris tracking & invoicing Accurate records are paramount for entities to receive the ma ximum amount of funds available to facilitate a full economic recovery. To that end, SOR is reliant upon the records provided by the entity's monitoring company during any recovery project. We carefully review and verify all documentation provided since this information becomes the basis for our invoicing. If an entity chooses to self-monitor, we have an automated debris management system that can be used by the applicant for accurate tracking of billable items in debris operations. 109 Wh ite Oak Rd. Greenville, SC 29609 I Office 864 -469-977 6 I Fax 864-469-9642 www.southerndr.com 110419a HCBOC Page 55 Southern Disaster Recovery SDR has refined our debris management processes to become a leading regional debris recovery and removal contractor. There are several factors that make SDR a noteworthy provider of debris recovery and removal services: •:• Our principals have collective experience of over 75 years in dis aster recovery and debris management. •:• The comprehensive abilities and experience of our project managers and safety officers. •!• Assets of over $15 million . •!• Annual sales exceeding $20 million SDR has successfully managed to completion over 60 separate debris contracts throughout the southeast and California exceeding over $1 OOM in revenue! Since our beginning in 2012, our track record has continued to grow and improve. Following a catastrophic 2014 ice storm in South Carolina, SOR processed over 2,000,000 CY of debris valued at over $48 million . Of that amount, we were the Prime Contractor for nearly 75 percent of the work. Hurricane Matthew, provided opportunities for SDR to manage 19 separate contracts throughout North Carolina, Georgia, and South Carolina with a combined debris total of ov,er 1,000,000 CY. Following Hurricanes Irma and Florence in 2018-2019, SOR handled nearly 1,845,000 CY of debris,. Simultaneously, we also successf ully undertook a beach debris removal and berm restoration project in Florida valued at over $7.5 million and comp leted debris clearing as a result of the catastrophic California wildfires that has continued into 2019 and is ongoing. All our projects have been completed safely and prior to establishetl deadlines. 109 White Oak Rd . Greenville, SC 29609 I Office 864-469-9776 I Fax 864-469-9642 www.southerndr.com 110419a HCBOC Page 56 Southern Disaster Recovery MOBILIZATION & SITE OPERATION OVERVIEW Southern Disaster Recovery (SOR) will begin mobilization upon receipt of a task order and a Notice to Proceed (NTP). At minimum, one crew will begin debris operations at each site within 12 hours of mobilization . The task order will specify the type of debris reduction methodology that will be used. •:• Only entity approved debris dumpsites, including temporary debris management sites (TDMS) will be utilized. All commercial landfill dumping operations shall be directed by the landfill operator with whom SDR shall cooperate to facilitate efficient operations. •!• SOR shall establish and manage all required reduction sites. All debris reduction will be achieved by burning, air curtain incineration, and/or by mechanical means using chippers, grinders, and shredders as specified in the task order with regard to debris separation and final disposal. Baseline environmental testing will be the responsibility of SDR. •!• The storage and processing area for debris reduction operations shall be approved by the entity based on potential site opportunities and constraints. No TDMS shall be utilized by SOR until such approval has been granted by the entity. •!• As per the task order, SDR shall install an inspection tower for each reduction, disposal, and TDMS. The tower de sign must be certified by an engineer and construction must be consistent with the design. Hauling operations shall not commence until an inspection tower is provided. If necessary, SDR may provide a temporary mechanical lift to be used until a fixed tower can be constructed as approved by the entity. Inspection towers shall meet all applicable safety standards such as: • Withstand a 45mph wind load and have the approved safety rails • Provide an unobstructed view of the loaded debris hauling containers • Have a minimum covered work area of 8 X 12 feet • Have adequate power, lighting and work space furnishings to support tower operations •!• As per the task order, SOR shall construct a hazardous material containment area, which shall be the minimum size required to contain all collected materials. The entity shall make known all laws regarding the handling, storage, and management of hazardous materials; and, site design, construction, and operation shall comply with all said laws and applicable regulations and policies. •:• SOR will manage dumpsite operations during daylight hours, 7 days per week in conjunction with hauling operations. Management and execution of burning operations shall be 7 days per week, 24 hours per day, unless otherwise specified. SOR will develop and implement a strategy maximizing debris recycling and beneficial use. 109 White Oak Rd. Greenville, SC 29609 I Office 864-469-9776 I Fax 864-469-9642 www.south erndr.com 110419a HCBOC Page 57 Soutbem Dlsa.ster Recovery MOBILIZATION AND OPERATIONS PLAN Objectives : >" Debris Clearance -Roadways shall be cleared of debris as soon as possible to enable emergency and relief organizations to complete their missions in serving the public. ~ Debris Removal -Debris shall be removed quickly and efficiently to support the community's social and economic efforts by adhering to federal funding/reimbursement requirements to maximize recovery funds for Harnett Co. NC. , Post-Storm Emergency Clearance of Roads and Rights-of-Way : MOBILIZATION : Upon receiving the Notice to Proceed, Southern Disaster Recovery (SDR) will immediately mobilize resources and initiate actions items as per the contract kick-off meeting and the Notice to Proceed. Examples of expectations include: • Establish Harnett Co. priorities • Establish Harnett Co. clean-up goals • Establish Harnett Co. 's point of contact • Establish contractor project management points of contact • Determine how project monitoring will be accomplished • Establish debris monitor points of contact • Discuss any additional reporting requirements Immed iate action and planning requirements to be accompli shed : • Develop the initial Operational Period Action Plan (draft outlined in this docume nt) • Mobilize and stage equipment • Organize debri s removal assignments • Establi sh temporary deb ris management site(s) (TDMS) ./ Confirm proper permitting and/or acqui re permits ./ Establish site layout as per permit(s) EQUIPMENT -Size and type determined by overall accessibility of rights -of-way and the location overhead utilities. For maximum and safety and efficiency, SOR will apply the following standa rd s: Loading Equipment -All loading and moving equipment will be operated from the roadway, streets, alleys, or rights-of-way using clam shell loaders, booms, or grapple devices to collect and load debris into coll ection vehicles. No equipment will be operated behind the curb or outside the defined roadway shoulder/swale section or in an area that may endanger operators or work crews, unless specifically directed to do so by emergency officials. Hauling Equipment -All trucks and trailers used to haul debris will be capable of rapidly and independently dumping loads, and, will be equipped with a tailgate . Trucks will be equipped with a tarp or net to secure loose materials during transport to the disposal facility or site. The ta rp/net will not exceed the truck body/trailer measurements. Page 1 of 7 110419a HCBOC Page 58 Southern Disaster Recovery Truck Measurements and Signage -Trucks will be measured accurately and identifying data will be fully documented. The inspection/measuring will be performed by Harnett Co. and SDR representatives, documented, and signed-off by the jurisdiction. The dimensions will be the inside measurements of the trailer. The truck specifications will be on file with the jurisdiction. Signage and vehicle numbers will be prepared and ready prior to deployment. SDR identification placards will be affixed to the sides of each piece of heavy equipment and trucks. Hours of Operation -Debris removal operations that generate excessive noise levels will take place during daylight hours, seven days a week. Adjustments to the hours of operation, based on working conditions and scope of work, may require a coordinated change with the approval of the Harnett Co. 's designated official. SUBCONTRACTING PRACTICES AND PROCEDURES As per our written Subcontractor Protocol, we often use subcontractors to ensure our resources are sufficient to complete operations efficiently for prompt emergency debris removal and restoration operations. We have an extensive pool of dependable subcontractors that can mobilize immediately upon notification. SDR ensures: ./ Our subcontractors are fully vetted as to insurance, safety procedures , experience, pricing, and resources . ./ We will pursue local and MBE/WBE/DBE as it is economically feasible to do so. TOMS SET-UP Topography and soil/substrate conditions shall be eva luated to determine the best site layout that is consistent with the environmenta l permit. When planning site preparation, SDR shall incorporate restorative measures. For example, if the local soils are very thin, the topsoil can b e scraped and stockpi led in perimeter berms. Upon site closeout, the uncontaminated soil can be spread to preserve the integrity of the tillable soils. The following baseline data checklist shall be used to eva luate a site before SDR begins operations and shall be used during and after to ensure that site conditions are properly documented. Before project operation s begin, SDR shall: • Tak e ground or aerial video and photographs • Note important features, such as structures, fences, culverts, and landscaping • Secure random soil samples, as necessary • Check the site for volatile organic compounds • Comply with all federal, state, and local permit requirements All data collected will be submitted to the Harnett Co. 's Debris Manager. DEBRIS COLLECTION AND TRANSPORTATION Removal Activities -From the grid/zone assignments, areas are categorized by priority and access ibility. The zones will be equitably established to ensure timely progression throughout the affected area. A "clean as you go" process will be implem ented for the waste stream being worked, with crews working from street to street through each zone. Crews and resources will be adjusted as needed during this phase. Debris Segregation -Initial storm/event debris will be separated when feasible. • Crews will attempt to segregate mate rials, where fea sible, into constituent piles for collection and disposal. Hazardous materials will be segregated and properly stored for future co llection. • Mixed debris will be collected as C&D. Page 2 of 7 110419a HCBOC Page 59 southern Disaster Recovery Debris collection passes will continue up to the point where the remaining debris consists of light litter that can be easily collected using raking and sweeping methods of operation. DEBRIS REDUCTION SOR will prepare and maintain the TDMSs to accept and process all eligible storm debris consistent with the Debris Management Plan . This includes maintenance of the TOMS ingress and egress roads for the entire period of debris hauling, including stone for any roads requiring stabilization . SOR will supply roofed inspection towers sufficiently capable to accommodate three inspectors to i nspect incoming loads. $DR will conduct debris reduction in accordance with applicable state and federal laws, and processing will include, but not be limited to, grinding and/or incineration . All debris will be segregated by types before reduction begins, i.e ., vegetative, construction and demolition (C&D); recyclable; white goods; and, hazardous waste. SOR will restore the TDMSs to their original conditions prior to the debris reduction activities . FINAL DISPOSAL OF DEBRIS AND DEBRIS BY-PRO DU CTS Disposal of all eligible debris, reduced debris, ash residue, and other products of debris management will be in accordance with all applicable state, federal, and local laws. Associated related costs will be "pass- through" with no additional charges to the Harnett Co. SOR will ensure disposed debris is properly documented in accordance with FEMA protocol by u sing approved collection/disposal and tipping ticket s. Activitie s will be done in coordination with the Harnett Co. 's Debri s Manager. TREE TRIMM ING , REMOVAL OF LEANERS , HANGERS, AND STUMPS SOR will en sure the location and re moval of all approved leaners, hangers, and stumps is properly documented as per FEMA . Any holes remaining after stump r emoval will be backfilled appropriately. DEMOLITION , REMOVAL AND DISPOSAL OF DAMAGED OR CONDEMNED STRUCTURES As r equired and directed by Harnett Co. officials, demolition and removal of cond emned structures and bu ildings resulting from the di saster, will be performed by SOR to r educe or eliminate an immediate threat to life or enhance safety and health to the public. Each demolition will have a site inspection report (including a site plan), right-of-en t ry agreement, and proper permits. DOCUMENTAT ION AND RECOVERY PROCESS SOR's Project Manager and Site Superintendents have complet e res ponsibility for quality as surance/quality control (QA/QC) of work performed by SOR and all subcontractors. As with any project, effective QA/QC starts with initial identification of project roles, which is a key elem e nt to our standard QA/QC program . Further, oversight and support will be provided from three level s within our organization, including SOR's Principal-In-Charge, Project Manager, and Site Superinte ndents. The cornerstone of our approach i s the assignm ent of a strong Project Manager capable of integrating each sub-discipline required as part of this project. The Project Manager will have first-line responsibility for performance. Continuity of t as ks will be maintained by the Project Manager's oversight of and participation in all contract activities. By the close of bu siness each day of the contract, the Project Manager will submit a report with the following to the Contracting Officer: • Contract number • Daily and cumulative hours for each piece of equipm ent and personnel Page 3 of 7 110419a HCBOC Page 60 Southern Disaster Recovery • By unit cost or daily and cumulative CY removed SDR will reconcile all units of work daily, thereby reducing the occurrence of erroneous or disputed data later in the project, and commits to the following: • Maintenance of recovery process documents • Preparation of written and oral status reports as requested by the Harnett Co . • Assistance with claim document preparation as required by the FEMA Public Assistance Program for submittal to the state and the FEMA Public Assistance program DEBRIS TAKEN TO LANDFIL L Should it be more cost effective to transport the eligible debris directly to a permitted landfill for disposal, field procedures will be implemented to ensure that each load ticket prepared at the loading area is properly manifested to the landfill for proper confirmation of truck capacity and disposal information. REDUCED DEBRIS/FINAL HAUL OUT TO DISPOSAL FACILITY The same procedure listed above will be implemented for debris taken to a TDMS. However, during the final haul out, a separate ticket will be issued for the reduced debris hauled to the final disposal site . Documentation will include haul out time, cubic yards, disposal location and time. INCIDENT ACTION PLAN The Incid ent Action Plan (much like a daily work plan) is the process by which the Debris Management Team (Harnett Co. , Co ntractor and Debris Monitor) agree to the objectives for the next operational period (day or next series of days); and, by which the rest of the SDR Incident Management Team ensures the Project Manager has· the resources to accomplish the objectives. DOCUMENTING AND REPORTING DAMAGE SDR's Customer Service Plan is a tiered system consisting of: Tier 1: Conduct busine ss in a manner that is professional, ethical, and se nsitive to the area in which we work, to prevent damage, and to facilitate positive interactions with the public. Should any damage to property or detrimental public interaction occur, our personnel are trained to solve problems speedily to the mutual satisfaction of all parties involved, including the immediate repair of property if necessary. Tier 2: Adds the inclusion of the Project Manager's in the problem-solving process. Also, any customer service issues, including damage and repairs, are added to the daily situation report, so the entire operation may learn from the activities. Tier 3: At this level, any issues identified by the Harnett Co. are addressed. The Harnett Co. may have an ongoing citiz en complaint system that properly identifies issues and tracks them to resolution. SDR command staff ensures the complaint i s included as an action item within the daily Incident Action Plan (IAP) development. All necessary personnel will be apprised of any action items ensure speedy and complete resolution. INVOI CING AND DATA MANAGEMENT All our processes and procedures are designed to ensure each project is carried in such a way that the Harnett Co. 's federal reimburse ment is maximized. Key elements of our systems include: • Proper certification of haul vehicles with Harnett Co. signatures and approva ls • Proper field documentation of each load hauled by identifying the precise/certified vehicle, the driver, and location of eligible debris removed Page 4 of 7 110419a HCBOC Page 61 southern Disaster Recovery • Proper field documentation of each disposed or reduced load, includ i ng disposal location and the safe, permitted operation of that disposal or reduction site location • Daily reports, which may also include the updated loads-hauled database (if available), to ensure ongoing transparency and communication of work outcomes • Reports and databases that are fully supported by accurate field documentation Our project management documentation process also provides for positive identification and control of work on FHWA and other federal aid eligible roads. The client may choose to utilize the SDR Disaster Recovery Load Ticket to record the debris collected and transported from the rights-of-way to the designated disposal sites. SDR captures 15 key data points descri bed in FEMA's Debris Management Guide . The six -part load ticket allows project participants to accurately maintain documentation of billable activities. At a minimum, the load tickets used will be posted to a weekly spreadsheet and/or database with both a hard copy and electronic version provided to the client. The following ticket information is included in the database : ~ Date ~ Preprinted ticket number ~ Hauler's name ~ Truck number and truck capacity in cubic yards ~ Total load percentage , as assigned by the cli ent representative in the tower ~ Load amount in billable cubic yards ~ Debri s classification as burnable, non-burnable, mixed, or other ~ Point of origin for debris collection, time loaded and unloaded, including location of the temporary disposal site Since the load ticket data is the basis for invoicing, SOR works with the Harnett Co. 's monitoring firm to ensure all data is complete and accurate . TECHNICAL SUPPORT FOR REIMBURSEMENT In addition to utilizing the industry's best practices for debris removal documentation, SDR will provide comprehensive Public Assistance technical support for reimburse ment. SD R's Disaster Recovery Services Director will coordin at e and set up all necessary meetings. SOR will meet with th e Harnett Co. to review and update the information required for FEMA r eimburse m ent submittals as well as assist with item checklist s required for each FEMA category . SDR's Program Assistance includes: ~ Coordination with the Harnett Co. for th eir submission of the official reque st for state assi stance and FEMA inspecti on. ~ Review of the FEMA Project Workshee t (PW) for accurate scope of work and unit co sts. ~ Recovery process documentation, including creating a process to capture the daily log and tickets from the field/contractor and data entry of the recovery process. (Perform daily, weekly ticket reconciliation, and final reconciliation of debris removal ticket ledg er s and disposal ledgers (TDMS to final di sposal), per FEMA requirements. Provid e FEMA Category A submittals including final inspection re ports.) ~ Review project documentation for consi st ency, compliance, and completeness. Assist with submiss ion of r equest s for payment, if needed. ~ Make recommendations to Harnett Co. representatives for reimbursement task s. Page 5 of 7 110419a HCBOC Page 62 Southern Disaster Recovery ~ Assist the Harnett Co. in negotiations with federal and state agencies and verify completion of work task items for FEMA Category A-B for contract closeout. PUBLIC NOTICES SDR will work with Harnett Co. public information efforts to inform residents about disaster recovery, debris management tasks, and how residents can participate in the community's debris management and the expectations for the upcoming period. SOR will participate in any established joint information center and provide materials and information to ensure the public is aware of debris clearance disaster recovery endeavors. SOR can provide weekly public notices of the debri s removal schedule to keep those affected by the processes informed. All public notices shall be approved by the Harnett Co. prior to release and will contain a description of the proposed work and how debris should be placed in the right-of-way for removal as well as a description of eligible debris and the schedule for removal. Specific information will include: • Cleanup instructions • Status of cleanup • Locations of drop-off or collection sites • How to source separate • Projected cleanup locations for the coming week SOR will participate with the Harnett Co. with any other public information efforts including providing information for a telephone hotline and/or a flyer to hand out or to be inserted into utility bills/mailouts. Consistent with the Harnett Co.'s desires, available information will include recycling/diversion programs for the disaster debris such as point of collection, hours, materials to be collected, method of collection (drop-off, curbside, bins, etc.). Statements for Disaster Debris Information: The following written statements are given as examples of what we can provide to assist entities with di sse minating information to their constituents and are designed to be modified as needed. They may be used in flyers, newspaper articles, or read over television and/or radio. The statements are intended to fit into an overall public information strategy and may be used in conjunction with other messages about the disaster recovery proces s. PERSONAL SAFETY STATEMENTS EVERYONE INVOLVED IN DEBRIS CLEAN-UP IS ENCOURAGED TO WEAR PROPER CLOTHING AND RESPIRATORY PROTECTION. Protect yourself with gloves, hard-soled shoes or boots, and respiratory masks as necessary. If you have a cut or o scratch that is not healing properly, seek immediate medical attention. POWER EQUIPMENT CAN BE DANGEROUS. If you are not familiar with or haven't operated power equipment such as chain saws or grinders, consider hiring a licensed, qualified contractor to assist you. STAY AWAY FROM UTILITY AND DEBRIS CREWS WORKING IN YOUR AREA. All utility and debris crews working for the Harnett Co. are licensed and qualified for the work they are performing. Th ey maintain Page 6 of 7 110419a HCBOC Page 63 Southern Disaster Recovery safety programs to reduce the occurrence of injuries in their work locations. However, you must stay clear of utility and debris crew operations because of the inherent dangers in operating heavy equipment. DEBRIS REMOVAL INSTRUCTIONS HELP SPEED UP DEBRIS REMOVAL by placing debris in the right of way. Follow these key steps: o Keep debris at least three feet from electrical utility poles and boxes, fire hydrants, and water and gas meters. o Separate woody (limbs and leaves) debris; construction and demolition debris and household hazardous waste into separate piles. o Garbage pickup will resume on your regular schedule on Separate garbage from your disaster debris o Call with debris removal questions at -------- 0 Debris removal will be ending soon, so residents are encouraged to take advantage of the free removal service. DISASTER DEBRIS THAT WILL BE PICKED UP o Woody, vegetative debris: Limb and leaf debris created by the storm event. o Construction and demolition (C&D} debris: Debris such as 2X4's, dry wall, shingles, paneling, insulation, etc. that was created by the storm event. Do not place C&D debris at the roadside if your insurance company pays for a contractor to clear your C&D debris from your home. o White goods: appliances and other household devices that were damaged/destroyed by the storm event. o Household hazardous waste: Material that includes such things as paint, fuels, insecticides, pesticides, sprays with petroleum distillates, etc. These will only be picked up if th ey are associated with damage from the storm event. Each of these will need to be separate from the other at the roadside. Some of the materials will be processed for recycling and some of these materials will go to immediate disposal. Your assistance is necessary for debris clearance to progress rapidly and correctly. ASSISTANCE WITH PRIVATE PROPERTY DEBRIS REMOVAL Anyone who needs assistance with debris removal, such as senior citizens, and those that need help with activities of daily living may call to schedule a volunteer to assess your needs . Assistance will be provided by volunteer groups working in our area and will be prioritized for those that do not have insurance coverage to pay for the cleanup. FIRST/SECOND/THIRD PASS NOTICE The Harnett Co. 's contractor will be in (add in neighborhoods or street designations) for a (first/second/third) pass at picking up disa s ter debris from the road right of way. Only eligible debris will be picked up. NOTE : Harnett Co. should insert the appropriate debris and/or safety statements above to assist residents and business owners with the safe and efficient removal of debris. Page 7 of 7 110419a HCBOC Page 64 Southern Disaster Recovery TAB 2 -SIZE OF FIRM, FINANCIAL STABILITY 109 White Oak Rd . Greenvill e, SC 29609 I Office 864-469-9776 I Fax 864-469-9642 www.so utherndr.co m 110419a HCBOC Page 65 Soutbem Dl.saster Recovery Company Profile Legal Name of Firm: Southern Disaster Recovery, LLC Company Headquarters: 109 White Oak Rd. Greenville, SC 29609 Additional Office 1: 2448 US Highway 411 Fairmount, GA 30139 Additional Office 2: 5660 Strand Court, PMB# 210 Naples, FL 34110 Additional Office 3: 114 N Sunrise Ave., Suite A-2, Roseville, CA 95661 Additional Office 4: 222 Rice Mill Circle, Sunset Beoch, NC 28468 Type of Business: Limited Liability Company Business Size: Small Business State Organized: South Carolina Established: May 11, 2012 Has been in Business 7 years Employees 15 FEIN: 45-5312400 E-Verify: 559716 8/24/2012 DUNS Number: 078499137 Cage Code: 6TXC1 NAICS: 562119 Owners/ Principals Al McClaran Mark Ells Authorized Representative: Al Mcclaran -CEO Point of Contact: Al Mcclaran -CEO Telephone Number: 864-469-9776 (o); 8 6 4-561-7797 (c) Fax Number: 864-469-9642 Email: al@southerndr.com Website: www.sou t herndr.com 109 White Oak Rd . Gre enville, SC 29609 I Office 864 -469 -9776 I Fa x 8 6 4-469-9642 www.southerndr.com 110419a HCBOC Page 66 @ LIMITED LIABILITY COMPANY ANNUAL REPORT IG/2Dl7 'IIAME OF LIMITED LIABILITY COMPANY: _s_ou_t_h_e_m_D_ls_a_st_e_r _R_eco_v_e_ry...._,'--L_L_C ______________ _ SECRETARY OF STATE ID NUMBER: -'-14 ..... 8 .... 9 .... 1 .... 4 ..... 3 __ _ REPORT FOR THE CALENDAR YEAR: 2019 ------ SECTION A: REGISTERED AGENT·s INFORMATION STATE OF FORMATION : SC "'-"--- Fling umce Use Only E -FUed Annual Report 1489143 CA201905602314 2/25/'2019 02:51 Ochanges 1. NAME OF REGISTERED AGENT: Thom son, Randall W --~----------::n"""-~-r----:-~--r-.r----------- 2. SIGNAlURE OF THE NEW REGISTERED AGENT : 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 222 Rice Mill Circle Sunset Beach, NC 28468 Wake County SECTION B: PRINCIPAL OFFICE INFORMATION SIG 4. REGISTERED OFFICE MAILING ADDRESS 222 Rice Mill Circle Sunset Beach, NC 28468 1. DESCRIPTION OF NATURE OF BUSINESS: emergency response/disaster relief & recovery/debris management 2. PRINCIPAL OFFICE PHONE NUMBER: (864) 469-9776 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction S. PRINCIPAL OFFICE MAILING ADDRESS 109 White Oak Road 109 White Oak Road Greenville, SC 29609-4044 Greenville, SC 29609-4044 6. Select one of the following If applicable. (Optional see instructions) D The company is a veteran-owned small business D The company is a service-disabled veteran-owned small business SECTION C: COMPANY OFFICIALS (Enter additional company officials In Section E .) NAME: Al McClaran TITLE: Member ADDRESS : 109 White Oak Road Greenville, SC 29609 NAME: Mark Ells TITLE: Member ADDRESS : 109 White Oak Rd Greenville, SC 29609 NAME: TITLE: ADDRESS: SECTION D: Cl;RTIEICAJION OF ANNUAL REPORT, Section D must be completed In Its entirety by a person/business entity. Al Mcclaran 2/25/2019 SIGNATURE DATE Form must be signed by a Company Ofllclal listed under Seclion C of This tonn. Al Mcclaran Member Print or Type Nune of Company Offldal Print or Type liUe dCompanyOffldal This Annual Report has been filed electronically. MAIL TO: Sea'etary d Stale, Business Regi&ll'lllion DMaion, Posl Office Box 29525, Raleigh, NC 27628-0525 110419a HCBOC Page 67 Southern Disaster Recoveiv LITIGATION SUMMARY Southern Disaster Recovery (SDR) takes pride in completing the projects with which we are involved with the highest level of professionalism and integrity. We hold our subcontractors and our staff to a high standard of excellence. Because of the pre-planning put into every protocol and process we employ, the entities to which we are contracted expect and experience final outcomes that are both satisfactory and economically beneficial. Southern Disaster Recovery can confidently state that our projects are completed safely, on t ime, and without consequent legal ram ifications . SDR can proudly attest: ~ We are not currently involved in any legal claims, arbitrations, administrative hearings, or lawsuits. ~ Within the last ten years, SDR has not been the defendant in any litigation involving debris removal operations. ~ SDR has never brought suit against an entity for any contractual relationship with which we have been party. ~ SDR is not currently debarred, nor has ever been debarred, from doing FEMA related work. >" SDR has no license sanctions. >" Within the last ten years, SDR has never had any contract terminations. Our highest priority is to provide the necessary resources for your entity's full physical and economic recovery. 109 White Oak Rd. Greenville, SC 29609 I Office 864-469-9776 I Fax 864-469 -9642 www.south erndr.com 110419a HCBOC Page 68 Southern Disaster Recovery SUBCONTRACTOR PROTOCOL: MBE I WBE I DBE I Local Participation Southern Disaster Recovery (SDR) is committed to the localities we serve and pledge to further assist in their recovery by offering subcontracting opportunities to local contractors. To ensure we have the labor resources needed, we will reach out to other subcontractors who have previously worked for us if local resources are inadequate. Depending on the size of the project SDR may subcontract up to sixty percent of the debris operations. Our highest priority is to provide the necessary resources for your entity's full physical and economic recovery. SDR will enlist the services of subcontractors that have been carefully vetted. SDR subcontractors: ./ Meet federal and contract standards of safety ./ Are experience and highly skilled ./ Have all necessary liability and workers compensation insurances ./ Adhere to our strict safety and drug-free work zone policies SOR contractors are our responsibility. All management, bonding, funding, safety compliance, and documentation of su bcontractors are handled by SDR's administrative staff. We utilize a comprehensive subcontractor agreement, which must be signed and on file in our office before any subcontractor begin s operations on a debris removal project. That mutual agreement subordinates the subcontractor to the entity's contract with SOR. MBE I WBE I DBE I Local Participation While we have a large fleet of debris removal equipment, w e strive to use local, minority owned, women owned, and local small businesses whenever possible. Upon award of a disaster debris removal contract, SDR will advertise locally announcing the opportunity for area contractors to join our efforts as a viabl e subco ntractor. Respondents then begin SDR's vetting and training process. The involvement of the entire community is crucial to the full economic and social recovery from a disaster situation. To the that end, we encourage all subcontractors in our employ to patronize and su pp ort other local businesses to further strengthen and revitalize the area throughout recovery operations. Your satisfaction with SOR depends large ly upon our subcontractors' performance . To ensure e fficient and seamless operations, SOR provides: ./ Quality control ./ Teaming efforts with the monitoring firm ./ Clear and frequent communication to ensure sat isfactory outcomes 109 White Oak Rd . Greenville, SC 29609 I Office 864-469-9776 I Fax 864-469-9642 www.southerndr.com 110419a HCBOC Page 69 Southern Disaster Recovery SUBCONTRACTOR LIST 1. TSI Disaster Recovery Address: 2323 S. Babcock Street Melbourne, FL 32901 Contact: Henry Elmore Phone: 407-891-8005 2. TJ Sutton Enterprises, LLC Address: 307 C Harnett St. Wilmington, NC 28401 Contact: Tom Sutton Phone: 910-313-0507 3. National Recovery & Wrecking, LLC Address: 3325 Washburn Ave Suite 205 Charlotte, NC 28205 Contact: Elliott Ford Phone: 980-422-1141 4. Greenworks Recycling Address: 7 Beverly Rd. Greenville, SC 29609 Phone: (864)268-6103 Contact: Andrea Waldon Type of work: Cutting & Debris Hauling 5. LCS Restoration Services, LLC Address: P.O. Box 191495 Mobile, AL 36619 Contact person: Brad Dawkins Phone:251-454-3306 6. Atlantic Coast Trucking, Inc. (WBE) Address: 234 Lloyd Street Holly Ridge, NC 28445 Contact Person: Wendy Fletcher-Hardee Phone: 910-803-0363 109 White Oak Rd. Greenville, SC 29609 J Office 864-469-9776 J Fa x 864-469-9642 www.south erndr.co m 110419a HCBOC Page 70 S_R EXISTING CONTRACTS --- Entity Contact Name and Contract Address Telephone Email Address Termination Title Type Date SC David Cook 955 Park Street Department of Primary Columbia, SC 29201 803.737.0676 cookdb@scdot.org 7/20/2020 Transportation Maintenance Director Gidget L. Stanley- Banks Allendale County, SC Emergency Primary 911-B Main Street North 803.584.4081 Allendale, SC 29810 gstanley@allendalecounty.com 7/1/2021 Management Director Roger Riley 57 Mall Street, Room 125 Barnwell County, SC Director of Emergency Primary 803.5 41.1000 rriley@barnwellsc.com 5/31/2023 Management Barnwell , SC 29812 Nadine Chasteen 301 University Ridge, Suite Greenville County, SC CPPO, CPPB / Director Primary 100 864.467.4350 kstte ns@greenvil I esc .gov 6/30/2020 Greenville, SC 29601 ColumbusM. McCormick County, SC Stephens Primary 610 South Mine Street 912.754.2123 csteQhens@mccormickcountysc.org 3/21/2020 Administrator M cCormick, SC 29835 DeBordieu Colony Kelly H. Floyd 181 Luvan Boulevard Executive Primary 843.527 .4436 kfloyd@debordieucolon'.r'..org 7/21/2020 Community Association, SC Administrator Georgetown, SC 29440 Russ Cornette Town of Summerville, SC Director of Public 200S. Main St. 843.851.4226 r cornette@summerv illesc.gov 10/1/2020 Primary Summerville, SC 29483 Works · 'ampton County, SC Susanne Peeples Primary 703 2nd St West 803.914.2150 s1:1eeQles@ham1:1toncounty .org 5/10/2021 Director Hampton, SC 29924 Tom Glenn City of Rock Hill, SC Hometown Security Primary 155 Johnston Street 803.326.3810 tom.glenn@cityofrockhill.com 12/30/2019 Coordinator Rockhill, SC 29730 Fairfield County, SC Jake Gaston Primary 350 Columbia 803.635.5209 9/5/2021 Winnsboro, SC 29180 Spartanburg County, SC Katherine O'Neill Secondary County Administrator P.O. Box 5666 864.596.2526 Spartanburg, SC 29304 kon e ii l@s12arta nbu rgCo u nty .org 12/31/2019 York County, SC Chuck Haynes Primary 149 W Black St. 803.326.2300 ycoem@yorkcountygov.com 6/19/2020 EM Director Rock Hill, SC 29730 Tiffany Cooks 201 West Main Street Williamsburg County, SC Director Disaster Primary 843.354.9330 tiffany.cooks@williamsburgcounty.sc.gov 2/18/2019 Preparedness Kingstree, SC 29556 Aiken County, SC Paul Matthews Primary 828 Richland Avenue, West 803.642.2561 r2matthews@aikencountysc.gov 3/1/2024 EMA Director Aiken, SC 29801 Newberry County, SC Tommy Lo ng Primary 1309 College St. Newberry, 803.321.2135 tlong@newberrycounty.net 8/1/2022 Director SC 29108 Bob Howard 1266 East Church Street Pickens County, GA Primary Suite 175 706.253.8954 rhoward@1:11ckencountyga.gov 12/17/2019 EMA Director Jasoer, GA 30143 Elbert County, GA Churc h Almond EMA Director Primary 45 Forest Ave. 706.283.2003 Elberton, GA 30635 calmond@e lberton.net 5/29/2020 Wilkes Co unty, GA Bl ake Thompson Primary 105 Marshall Street 706.678.7837 wilkes .county@fema.ga.gov 7/7/2020 EMA Director Washington, GA 30673 Paul Cuprowski 10 Elizabeth Street Bartow County, GA Emergency Services Primary Cartersville, GA 30120 770.547 .8927 bartow.county@gerna.ga .us 11/16/2019 Director Chris Jones 116 We st Jefferson St. Thomas County, GA Emergency Sec ondary 229.226.4389 tcema@rose .net 7/24/2019 Management Director Thomasville, GA 31792 110419a HCBOC Page 71 Fannin County, GA Robert Graham Primary 181 Church Street Suite B, 706.632.1958 rgraham@fannincountyga.org 12/31/2021 EMA Director Blue Ridge, GA 30513 - .itchell County, GA Clark Harrell Primary 26 N. Court Ave. 229.336.2000 ch arre ll@m itchell co u n tyga . net 12/31/2020 Camilla GA 31730 Whitfield County, GA Claude Craig Primary 804 Professional Boulevard, 706.876.2510 whitfield.county@ge ma .ga.gov Dalton, GA 30720 Ned Bachelor 4140 A Southport-Supply Town of St. James, NC Secondary Road St. 910.253.4 730 nbacheldor@ec.rr.com 8/25/2019 Emergency Manager James, NC 28461 Beaufort County, NC Lisa Respess Primary 1420 Highland Drive 2S2.946.2046 lisa. res1:1ess@co. bea ufort. nc.us 10/25/2022 Disaster Specialist Washington, NC 27889 Brenda McQueen 153 Courthouse Rd., Currituck County, NC Public Works director Primary Suite 302 252.232.2504 Brenda.mcgueen@currituckcounty.gov 8/8/2022 Currituck,NC 27929 Town of Surf City, NC Barry L. Johnson Secondary 214 N New River Dr. 910. 791.9361 mail@johnsonenc.com 6/30/2019 Surf City, NC 28445 City of Goldsboro, NC Rick Fletcher Primary 200 N Center Street, 919.734.8674 rfletcher@goldsbrornc.gov 9/19/2020 Goldsboro NC 27530 Bertie County, NC Steve Biggs Primary 106 Dundee St., 252.794.5301 steve.biggs@bertie.nc .gov 10/30/2020 Windsor NC 27983 Hyde County, NC Justin Gibbs Primary 30 Oyster Creek Rd. 252.926.4191 Justin.gobbs@hydecountyms.co 6/19/2021 ES Director Swan Quarter, NC 27885 Dustin Peele Primary Driftwood Dr. 252.475.S897 dustin.Qeele@darec.com 7/15/2021 Dare County, NC ES Director Manto, NC 27954 Washington County, NC Ann Keyes Primary 205 East Mail St. 252.793.4114 akeyes@washconc.org 3/1/2021 Plymouth NC 27962 City of Southport, NC David Fox Primary 1029 N. Howe St. Suite 100 910.457. 7935 d avid@southQortnc.or g 6/30/2019 Southport NC 28461 "yrrell County, NC David Clegg Primary 108 S. Water St. Columbia, NC 27925 252.796.1371 dclegg@tyrrellcounty.net 9/13/2024 300 West Washington City of Greensboro, NC Donna Gray Primary Street, Room UG 12 336.373.2192 donna.gray@greensboro-nc.gov 2/28/2021 Greensboro, NC 27401 Catawba County, NC Bryan Blanton/EMO Primary 100 B Southwest Blvd, 828.465.8233 bblanton@catawbacountync.gov 6/30/2022 Newton, NC 28658 Ashe County, NC Patty Gambill Primary 150 Government Circle 336.846.5521 Qatty.gambill@ashecountygov.com 7/15/2024 Jefferson, NC 28640 Brunswick County, NC Micki Bozeman Primary 179 March 9, 1764 Drive, NE 910.253.2503 heather.murray@brunswickcountync.gov 8/25/2020 Bolivia, NC 28422 City of Brewton, AL Stephen Yahasz Primary 1010-A Douglas Ave 251.809.1770 syu hasz@citl,'.ofbrewton.org 7/10/2019 Brewton, AL 36427-0368 City of Homestead, FL Stephen M. Taylor Tertiary 100 Civic Court 305.224.4401 staylor@cityofhomestead.com 5/31/2022 Homestead, FL 33030 South Florida Water Linda Yarrish Primary Management District , Fl 3301 Gun Club Road West 561.682.6105 Palm Beach, FL 33406 Illa rrish@sfwmd.gov 8/17/2022 Lake County, FL Ralph E. Tipton Tertiary 315 W. Main St. 352.343.9489 rti Qton@la keco u ntyfl. gov 4/16/2020 Tavares, FL 32778 City of Venice, FL James Clinch 221 S. Seaboard Ave . Venice, FL 34285 941.486.2422 jclinch@venicegov.com 7/5/2022 Village of Pinecrest, Fl Edu ard o Pozas 12645 Pinecrest Parkway 305.234.212 e1:1ozas@Qinecrest-fl.gov 8/14/2021 Florida Atlantic University, Marc Kozlin 777 Glades Rd. Director, Physical Primary 561.297.3021 mkozlinl@fau.edu 10/31/2021 FL Plant Boca Raton, FL 33431 Florida Municipal Sharon Samuels Primary 8553 Commodity Circle 407 .355. 7767 sha ron.samuel@fm(;!a .corn 10/31/2021 Power Agency, FL Orlando FL 32819 Amelia Island Plantation, 5542 First Coast HW. Suite FL Kenny Walczak Primary 400, Fernandina Beach, FL 904.491.9850 kwalczak@castlegrouQ.com 7/31/2020 I 32034 110419a HCBOC Page 72 I I Client#: 1588397 67SOUTHDIS ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIODIYYYY) 05/31/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED , the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~I~CT Barbara Garrett McGriff Insurance Services rlJ8NJo Ext\: 864 442-4030 I ft~. Nol: 888 751•3016 417 East First Avenue !oMl~~ss: bgarrett@mcgriffinsurance.com PO Box 1327 INSURER(S) AFFORDING COVERAGE NAIC# Easley, SC 29641 INSURER A : AX1S ln$orance Company 37273 INSURED INSURER B : AX IS Surpf us Insurance Company 26620 Southern Disaster Recovery LLC INSURER C : Colony Speclalty In s urance 36927 109 White Oak Rd. INSURER O : Old Republic Insurance Campany 24147 Greenville, SC 29609 INSURER E : Selec.tlv~ ln~urance Campany of SC 19259 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICI ES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUS!QNS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE A X COMMERCIAL GENERAL LIABILITY ,--0 CLAIMS-MADE [!] OCCUR ------------- ------------- GEN'L AGGREGATE LIMIT APPLIES PER : I POLICY [!] ~:& D LOC I OTHER: C AUTOMOBILE LIABILITY B C X N>JYAUTO OWNED AUTOS ON LY X ~LF\b°s ON LY -SCHEDULED AUTO S X ~3fai'b~~~ _ UMBRELLA LIAB LJ OCCUR X EXCESS LIAB rxl CLAIMS-MADE OED I I RETENTION $ D WORKERS COMPENSATION AND EMPLOYERS 0 LIABILITY y / N ANY PROPRIETORIPARTNER/EXEClJTIVE~ OFFICER/MEMBER EXCLUDED? L1!J !Mandatory ln NH) If yes, describe under DESCR IPTION OF OPERATIONS below A Pollution ADOLSUBR INSR WVO POLICY NUMBER EMP1900106201 06/01/2019 06/01/2020 EACH OCCURREN CE $1.000.000 ~~~~H9E~~~u~Pence l $100 00 0 MED EXP (Any one person) s10.000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS -CO MP/OP AGG $2,000,000 S2030879 06/05/2019 06/05/2020 ~~~~~~~ii"NGLE LIMIT $1,000,000 ,-..=.----------+-"'~-~---- BODILY INJURY (Per perSon) $ BODILY INJURY (Per accident) $ iP~~~~fd~~SAMAGE $ ----+--------1 s EMX1900025501 06/01/2019 06/01/2020 EACH OCCURRENCE S5 000 000 AGGREGATE $5 000 000 EX04223230 06/01/2019 06/01/2020 OCC/Aaaregat s4.000.000 MWC31205219 01/01/2019 01/01/2020 X ,~~fTUTE I l ~JH· NIA EL. EACH ACCIDENT $1,000,000 E.L . DISEA SE · EA EMPLOYEE $1,000,000 E.L DISEASE • POLICY LIMIT $1,000,000 EMP1900106201 06/01/2019 06/01/2020 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule. may be attached If more &pace Is required) CERTIFICATE HOLDER I Southern Disaster Recovery LLC 109 White Oak Rd. Greenville, SC 29609 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2367 4525/M2367 4457 BCG1 110419a HCBOC Page 73 ·, I ,,,,,i;,"':,;;f.o~· _W..;g .,_ ·1R'ev:·0cfooer 201 e1 DIJpar1mant or the lreasirf Wenial RevenueServfce ..,. Go to www.lrs.gov/FormW9 tor Instructions and the latest Information • .........., 1 Na~e (as shown on your Income tax rel~. Name Is required on this line; do not leave this llne blank. requester. Do not send to the IRS. Southern Disaster Recovery, LLC 2 i,usmess name,aisregarded entity name, If dlllerent from aboVe (') ai 3 Check approp,ialo box for federal lax classUlc allon or the person whose name Is entered on Yne 1. Check only one of the 0t followtng seven boxes. 4 Exemptions (codes apply only lo certain entitles, not fndlvlduals; •~ lr\slructlon, on pago 3): ft. 6 0 lndMduaVsole proprietor or D C CorporaUon D S Corporation D PartneBhlp f j slrl)la--mambM ll.C 0 Tl\lsVestate ~ J (» Ll~ed lablily company. Enter the lax elasslllcatton (CEC ~lion, S2$ co,poraflon, PwPa~p) I> _P,___ ... 'C~ Note: Check the approp,iata box ~ the h abo~e for Iha tax claaslllcaUon of the &Ingle-member owner. Do not cheek Exerf¥)tlon ffom FATCA reporting c LLC If the LLC Is clattlllad as a •~le-member U.C lhal ii disregarded from the owner unleaa the owner ol the U.C Is another LLC th,t Is not disregarded from the owner for U.S. federal tax purposes. OtholWlse, a slngte-member LLC that coda (II anyj Exempt payee code ~f any) __ _ o. ~ la dieregarded from the owner ahoufd check the approp,iate box for the lax classlOcatlon of Ha OWflfK, u O Other(saeloltrucllons)I> ~·"'·""""'·--... u.1J J ~6 =;Add~r.:.:es;;;:1-_.(nu=m..;.be.:.:r.:.:, ,:,:tr.:.:e;:;,ol.:.:, and:.._,-.p--:t,-. o-r-sul~to-no-• .,.,l 5ee=--:-1na-t:-ruc--,,.,1ons-.------------....-P=h=o=-n-e_& __ F_a_x..;N:..,..;.um_,.b_e-rs-{w-lt-h-a-r-e-a-c-o-d-e..;);,_.. l 1-,-~;..:o....;;.~__;~....;;.t1t:...•'.;..;;~:...ndo,::;z.:;:.!k:...c:...~de:.::d:.... ---------------------l 864-469-9776 (o) 864-469-9642 (f) Greenville, SC 29609 7contact name Jordan McClaran I Controller emall address jordan@southerndr.com a!l:r ·~• Taxpayer Identification Number {TIN) Enter your TIN II) the appr~ate box. The TIN provided must.match ~e name given on line 1 to avoid backup wtthholdlng. For Individuals, this Is generally your aocial secunty m.mber (SSN). However, for a resident alen, sole proprietor, or disregarded entity, aee the Instructions for Part I, later. For other entitles, It Is your employer Identification number (EIN). If you do not have a number, see How to get a 71N, later. I S0cl1t SIC:Urlty number J []]] -DJ -I I I I I or Note: If the acoount ·,s In more than one name, see the Instructions for line 1. Also see What Name and Number To Give the Requester for guldeUnes on whose number lo enter. (imPioyetktenlllc alb nn u nr==-::J 45 -5312400 Certification Under penalties of pe,Jury, I certify that: 1. The number shown on this form ls my correct taxpayer Identification number (or I am waiting for a number to be Issued to me); and 2. I am not subject to backup wtthholdlng because: (a) I am exempt from backup wlthholdlng, or (b) I have not been notified by the Internal Revenue Service ~AS) that I am subject to backup wlthholdlng as a result of a fallure to report an Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backupwtthholding: and 3. I am a U.S. citizen or olher U.S. per80fl (defined below); and 4. The FATCA code(s) entered on this form (If anY) Indicating that I am exempt from FATCA reporting 11 correct. Certillcalion Instructions. You rrust cross out flam 2 aboYe If you have been notified by the IRS that you are cu119ntly 9lt>ject to backup wlthholdlng because you have faled to report all Interest and tax return. For real estate transactions, iem 2 does not apply. Fa mortgage Interest paid, acquisition or abandonment of s , cancella of debt. contributions to M lndlvldual retirement arrangement~. and generally, payments other than Interest and dividends, ad to a the certlf!Catloo, but you mist provide yoor oorrect TIN. See Ile klslructb\s for PM II, later. -· ··---. ····----.-·-·-··--------·----·-·---·--·--···--·-···-·-··---~-- Sign Here Signature of U.l.penonl> General lnstructi9 s ,Section references are to the J,fternal Revenue Code unless othelWlae noted, Future developmenta. For the latest Information about developments related lo Form W-9 and Its lnstructlona, auch as legltlatlon enacted after they were published, go to www.lrs.gov/FormW9. Purpose of Form An Individual or entity (Form W-9 requester) who Is required to file an Information return with the IRS must obtail your correct taxpayer klenllflcallon number (TIN) which may be your social security number (SSN), lndMdual taxpayer Identification number ,~TIN), adoption t8l<payer klentlflcatloo number (A TIN), or employer Identification number {EIN), to report on an Information return the amount peld to you, or other amount reportable on an Information return. Exarnplea of Information returns Include, but are nol llmlted lo, the following. • Form 1099-INT ~nterest earned or paid) Cat. No. 102'1 X Datel> • Form 1099-DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of Income, prtzes, awards, or gross proceeds) • Form 1099-B (•tock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card allc:l lhlrd party network transactions) • Form 1098 (home mortgage Interest), 1098-E (student loan lntereet), 1098-T (tuition) • Form 1099-C {canceled debt) • Form 1099-A(acqulaltlonor abandonment of secured property) Use Form W-9 ort,/ If you are a U.S. peraon (lnoh.Jdng a resident allen), to provide your correct TIN. ff you do not ,.,um Form W-9 to the requester with • TJN, you might be aubject to backup wlthholdlng. See What la backup wltNloldlng, later. Form W-9 !Aw. 10-201ei 110419a HCBOC Page 74 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 42719W A/A Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE _.,S,'..!:o~u~th~e:.!..!rn~D.,.,,is~as~t~er~R..!;e~c~o:.:..ve~ry..L.!::L::L""'C ___________ _ 109 White Oak Road Greenville SC 29609 as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America One Tower Square. Hartford. CT 06183 a corporation duly organized under the laws of the State of -------------"'C....;.T __________ _ as Surety, hereinafter called the Surety, are held and firmly bound unto H..:.:a;;;.rt.:.:.n..::e.:.:.tt..::C..::o=:un~tLy ____________ _ PO Box 370, Lillington, NC 27546 as Obligee, hereinafter called the Obligee, in the sum of Five Hundred Thousand Dollars and 00/100 ---------------------Dollars($ $500 ooo ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. \1\/HEREAS, the Principal has submitted a bid for RFP For Debris Management and Removal Services NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contrac t and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference 11ot to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void , otherwise to remain in full force and effect. Signed and sealed this Bei Bei Staton ___ ....;.1.;;.6t;.;.;h~--day of September (Witness) Controller Attorney-in-Fact Charles D. Welch AIA DOCUMENT A310 • BID BOND• AIA • FEBRUARY 1970 ED.• THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 2019 --(Seal) -- le..r_ (Title) (TitJe) 110419a HCBOC Page 75 ... TRAVELERS J Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company st. Paul Fire and Marine Insurance Company POWER OF ATIORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America , Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the ·companies"), and that the Companies do hereby make, constitute and appoint CHARLES D WELCH of Greenville South Carolina • their true and lawful Attorney-in-Fact to sign, execute , seal and acknowledge any and all bonds, recognizances , conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons , guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pe rmitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed . and their corporate seals to be hereto affixed. this 3rd day of February, 2017. State of Connecticut By: Robert L. Raney, Sefiror Vice President City of Hartford ss. On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknow1edged himself to be the Senior Vice Pres ident of Travelers Casualty and Surety Company of America . Travelers Casualty and Surety Company , and St. Paul Fire and Marine Insurance Company, and that he . as such, being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June. 2021 Marfe C. Tetreault. Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America , Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows : RESOLVED, that the Chairman, the President, any Vice Chairman , any Executive Vice President , any Senior Vice President. any Vice President, any Second Vice President , the Treasurer. any Assistant Treasurer , the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign INith the Company's name and seal with the Company's seal bonds, recognizances , contracts of indemnity, and other writings obligatory in the nature of a bond , recognizance. or conditional undertaking. and any of said officers or the Board of Directors at any lime may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED , that the Chairman, the President, any Vice Chairman. any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foreg oing authority to one or more officers or employees of this Company. provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary ; and it is FURTHER RESOLVED , that any bond, recognizance . contract of indemnity, or writing obligatory in the nature of a bond , recognizance , or conditional undertaking shall be valid and binding upon the Compa ny when (a) signed by the President, any Vice Chairman . any Executive Vice President. any Senior Vice President or any Vice President, any Second Vice President. the Treasurer, any Assistant Treasurer. the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Com pany's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is FURTHER RESOLVED , that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President. any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary , and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents , Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. Dated this ~ t:-I:" ~t --'i<evin E . Hughes.Ass1 Tant Secretary To verify the authenticity of this Power of Attorney, ple11se e4JJ us at 1-800-421-3880. P/e11se refer to the above-named Attorney-in-Fad and the deUi/s of the bond to which the power Is att;,ched. 110419a HCBOC Page 76 August 30, 2018 Insurance Services Re: Southern Disaster Recovery, LLC Greenville SC To Whom It May Concern, PO Box27149 Greenville, SC 29616-2149 We are the Contract Bond Agent for Southern Disaster Recovery. The underwriter of their bond program Is Travelers Casualty and Surety Company of America, au. S. Treasury Listed Surety and rated A++ 15 by A. M. Best Key Rating Service. Travelers Casualty and Surety has expressed a willingness to provide bond support to Southern Disaster Recovery for projects and programs up to $50,000,000; larger amounts would be favorably considered. Please remember all bonds are subject to the underwriting requirements in effect at the time specifications and/or contracts are provided to the underwriter for review. The underwriter will make his decision for Bid and Performance/Payment Bonds based on the current financial information of Southern Disaster Recovery. In addition, the underwriter will review the terms/conditions of the contract and bond forms, verify the bid is competitive, , and confirm financing Is In place for timely payment to Southern Disaster Recovery. Travelers Casualty and Surety retains sole discretion to approve the Bid, Performance, or Payment Bond. Southern Disaster Recovery is a respected company and true to their word. They have been a customer of McGriff Insurance Services for many years. Their ownership, management, and staff are highly regarded in our business community, and they have strong technical qualifications for work in their field. If you have any questions, please call me. Sincerely, ~lx,c_( Charles D. Welch (Attorney in Fact) CPCU, CIC, AFSB Vice President 110419a HCBOC Page 77 ..... TRAVELERS J Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS : That Travelers Casually end Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively caled the "Companies"), and that the Companies do hereby make, constitute and appoint CHARLES D WELCH of Greenville South Carolina , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory In the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this Instrument to be signed , and their corporate seals to be hereto afftxed, this 3rd day of February, 2017. State of Connecticut By: City of Hartford IS. On this the 3rd day of February, 2017, before me per.onalfy appeared Robert L . Raney, who acknowledged himself to be the Senior Vice President of Traveler, Ca1ua•y and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine IO$urance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My_ Commission expires the 30th day of June, 2021 Marte c. Tetreaun, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards or Directors ol Travelers Casualty and Surety Company of Americe, Travelers Casualty and Surety liny and St . Paib§:e Insurance Company. which resolutions are now rn full force and effect, reading as follows: I 0 RESOLVED, t!iat the Chairman, the President, any Vice Chai any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any A11lstant Treasure , or ta slstant Secretary may appoint Attorneys-In-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certiftcate ol authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, .recognizances. contracts of Indemnity, and other writings obllgatory In the nature of a bond, reeognlzance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and • is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate an or any part of the foregoing authority to one or more officers or employees of this Company, proYided that each such delegation is In writing and a copy thereof Is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shaN be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or .Assistant Secretary; or (b) duly executed (under seal, If required) by one or more Attorneys-In-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a writtell delegation of authority; and It is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Asslltant Secretary, and the seal of the Company may be affixed by facsimile to any ·Power of Attorney or to any certificate relating lhereto appointing Resident Vice Presidents , Resident Aulstant Secretaries or Attomeyt-ln-Fact for purposes only of executing and attesting bonds and undertakings and other 'Mlttngs obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facslmlle signature or facsimile seal ahall be valid and ~nding upon the Company and any such power so executed and certified by such facsimile signature and facslmlle seal shaft be valid and binding on lhe Company In the future with respect to any bond or understanding to which ii Is attached. I, Kevin E. Hughes, the undersigned, Aaslstant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St Paij Fire and Marine Insurance Company, do hereby cerlify that the above and foregoing Is a true and correct copy of the Power of Attorney executed by said Companie,, which remeins in full fame and effect. Dated this 30th day of August , 2018 Zi<evin E. Hughes~retary To verify the 11uthentldty of this Power of Attorn•y, pluu ult us at 1-800-421-31180. Ple11se refer to t//e 11bove-11,1med Attomey-in-Fact and the details of the bond to which the power Is attached. 110419a HCBOC Page 78 SOUTH STATE BANK June 19, 2018 To Whom It May Concern, It is my opinion based on my knowledge and relationship of Southern Disaster Recovery and Mr. Mark K. Ells that the company has sufficient capacity to finance up to $5,000,000.00 to meet working capital needs for any project. Mr. Ells has been an excellent customer of South State Bank, and has maintained all deposit and loan obligations as agreed during that time. If you have any questions or concerns, please contact me at 864-230-4444 or Jimmy.Lindsey@SouthStateBank.com. Sincerely, Foothills Regional President 864-222-270 201 E Greenville Street, Anderson, SC 29621 www.SouthStateBank.com 110419a HCBOC Page 79 Bankof TRAVELERS RES T ;: SINCE 1~?~, "'"· June 14, 2018 To Whom It May Concern, Southern Disaster Recovery and Mr. Mark K. Ells have sufficient c apacity to finance a volume of work in excess of $5,000,000.00 and as such would not create any interference or slowdown in the completion of the contract. Mr. Ells has been a customer of Bank of Travelers Rest since October of 2000, and has maintained all deposit and loan obligations as agreed during that time. If you have any questions or concerns, please contact me at 864-834-6210 or robertw@bankoftravelersrest.com. Robert L. White Senior Vice President NMLS #789450 P.O . Box 1067 • Travelers Rest , SC 29690-1067 (864) 834-9031 • To ll Free (888) 557 -2265 • (864) 834-5276 (FAX) www.bankoftravelersrest .com 110419a HCBOC Page 80 Southern Disaster Recovery TAB 3 -TRAINING, EXPERIENCE, EQUIPMENT, PERSONNEL AND SETS 109 White Oak Rd. Greenville, SC 29609 I Office 864-469-9776 I Fax 864-469-9642 www.southerndr.com 110419a HCBOC Page 81 V') z 0 -t- <C a:: w a. 0 1-z w ~ w C, <C z <C ~ ~ a:: cc w 0 a:: 0 L.L. t-o:: <C :c u ...J <C z 0 -t- <C N -z <( C, a: 0 a: 0 V') 110419a HCBOC Page 82 Southern Disaster Recovery KEY PERSONNEL Name Title Al Mcclaran Owner/Chief Executive Officer Jordan Mcclaran Controller/Data Tracking Teresa Smith Office Manager Beibei Staton Proposal Specialist Mitch Bosarge Data Specialist Kelly Covey Administration Shawn Chandler Administration Randy Thompson Government Affairs Chip Patterson Senior Project Manager Bryan Fike Senior Director of Client Services Sonny Sims Senior Project Manager Bryce Fletcher Senior Project Manager Chris Johnson Project Manager Brad Dawkins Project Manager Blake Riley Project Manager Matt Fletcher Operations Supervisor Douglas Wright General Foreman Brett Huet Safety Manager Robert Nelson Safety Officer Caiman Dinneen Safety Officer Nick Hernandez Safety Officer Johnny Deloach FEMA Liaison Allen Smith Legal Counsel 109 White Oak Rd. Greenville, SC 29609 I Office 864-469-9776 I Fax 864-469-9642 www.south erndr.com 110419a HCBOC Page 83 Southern Disaster Recovery MEET OUR MANAGEMENT STAFF Al Mcclaran -Member -Chief Executive Officer Mr. Mcclaran is responsible for the day-to-day operations of Southern Disaster Recovery (SDR). He is knowledgeable in all aspects of FEMA criteria for debris recovery operations and has completed numerous courses with FEMA's Emergency Management Institute Independent Study Program . He works closely with Emergency Management and other government agencies both before and after disaster events. Prior to an event, he helps with readiness planning and preparation, including developing debris management plans and training government personnel in debris recovery operations. After disaster strikes, Mr. McClaran coordinates all aspects of the recovery and the documentation process to assure that the applicant receives the funding to which they are entitled. He has overseen debris removal projects following hurricanes, tornados, floods, wildfires, and winter storm disasters. Mark Ells -Member -President Mr. Ells has owned businesses for over twenty years. In addition to his partnership in SOR, he is the owner of Greenworks Recycling and Upstate South Carolina's largest landscaper supply business . He also operates grinding and mulching yards and performs offsite grinding on land tracts. His grinding equipment was employed on contracts following Hurricane Katrina and various winter storms. Mr. Ells was awarded the debris removal contract for Meridian, MS following Hurricane Katrina . In the event of a disaster, Mr. Ells will coordinate sub -contractor mobilization and sched uling. His business management skills make him a vital part of the Southern Disaster Recovery management team. Randy Thompson -Government Affairs Randy Thompson has proven expertise in development and implementation of emergency management programs, plans, procedures and grant programs, as well as developing HSEEP training and exercises. Mr. Thompson is experienced in Emergency Management Center (EOC) operations, including crisis and consequence management of both manmade and natural hazards. He is knowledgeab le in the National Strategy for Homeland Security and the National Response Framework at local, state and federal levels and served on national boards, including SAFECOM Emergency Response Council and the National Association of Counties (NACO .) Mr. Thompson is adept at managing conflicting deadlines and priorities. Chip Patterson -Senior Project Manager Robert "Chip" Patterson has over 30 years of experience in pre-planning for disaster events, as well as implementation of strategies and operations for disaster recovery services. Chip has had a progressive career in the disaster response and recovery field, including disaster services contractor, serving in a mayoral appointed position for 10 years in the City of Jacksonville, and as Flori da 's Director for Emergency Management and Hom eland Secur ity. Prior to work in Florida, Chip was the Chief of Operations for the North Carolina Division of Emergency Management as well as a Radiological Emergency Preparedness Planner in North Carolina. Chip also spent six years in the United States Navy nuclear propulsion program. Chip has rep resented contractors at project start-up meetings, succes sfully coo rdinating with all stakeholders. As a senior project manager, he was the primary point of contact for Quality Assurance for disaster debris removal ta sks performed by FEMA and/or FDEM. Bryan Fike, Senior Director of Client Services Mr. Bryan Fike has held a variety of leadership roles providing strategic and tactical direction for emergency management and disaster response and recovery support efforts na tionwide. Beginning with a career in firefighting and law enforcement, which spanned more than two decades, his background reflects nearly thirty years of professional experience coordinating disaster response & recovery activities; serving as the on -scene 109 White Oak Rd. Greenville, SC 296tj9 Office 864-469-9716 Fax 864 -469 -9642 www.southerndr.com 110419a HCBOC Page 84 Soutbem Disaster Recovery incident commander; and, providing training and guidance for hundreds of emergency management re sources during Pre sidentially declared emergencies and major disaster declaration s throughout the United States. He also has in-depth knowledge of FEMA, federal disaster, and emergency respon se-related program policie s and guidance. He ha s demonstrated leadership and direction to a diverse professional staff engaged in complex disasters and emergency operations; and , has developed experience in the intergovernmental relations required to facilitate, coordinate, and negotiate for results-ba sed outcomes. Chris Johnson -Project Manager Chris Johnson has over 20 years Safety Management and Multi-Site Management experience. He managed operations in the Murray and Gordon County, Georgia, Solid Wa ste Disposal Facilities . He is a certified Landfill Manager and member of the Solid Waste Association of North America. He has worked closely with elected officials and local, state, and federal regulatory agencies in various capacities, including managing a safety program, ensuring staff training and compliance with safety policies and compliance of OSHA regulations. In addition, he has conducted safety audits and inspections of facilities throughout the U.S. His strong communication skills have benefitted many entities. In addition to his duties with SDR, Chris is also an instructor at the Georgia Landfill Operators Training Program at the University of Georgia. Brad Dawkins -Project Manager Mr. Dawkins demonstrates 30+ years of diversified disaster recovery and relief planning and engineering in the both the private and public sectors. As a business owner, he has honed key business development skills and techniques to assure the complete satisfaction of any entity to which is contracted. While in the employ of r egional top disaster relief firms, Mr. Dawkins was able to develop strong management skills through the oversight of a broad range of planning and engineering projects. Brett Huet -Safety Officer Brett Huet's career, which began as a fire fighter/sawman and spans nearly two decades, ha s progress ed to hi s current position with SDR as Safety Officer. Mr. Huet has many years of field experience performing various duties in debris clean up and management as well as inspection and oversight of hazardous tree removal operations. Th e skills he's developed in operations management and str ategic development serve the SDR staff and the entities with which SDR is employed by providing comprehensive safety train ing and oversight. Mr. Huet's extensive knowledge and understanding of safety protocols in the disaster recovery and response industry make s him a sign ificant member of our team. Johnny G. Deloach -FEMA Liaison Johnny Deloach has worked for three decades in disaster response and recovery operations during catastrophic events spanning the lower 48 states of the United States . His comprehensive ex perience includes various disa ster situations requiring his unique FEMA management, communication, and leadership skills. Mr. Deloach has extensive experience in federal funds disbursement and has the distinction of using the first fully automated debris management system (ADMS) during a federally declared disaster in Mississippi, allowing the two counties he represented to be the first to complete operations. Mr. Deloach has vast expertise in the FEMA/State Public Assistance (PA) Program including debris reduction, disposal, and land reclamation. As a former FEMA Region IV Public Assistanc e Officer, he has served in high-level management roles in over SO declared disasters. His responsibilities included preliminary and follow-up detailed damage assessments, PA inspections, and Project Worksheet (PW) preparation in compliance with the Stafford Act, Title 44 Code of Federal Regulations and National Environmental Policy Act. 109 White Oak Rd. Greenville, SC 296q9 Office 864-469-971 6 Fax 864-469-9642 www.so utherndr.com 110419a HCBOC Page 85 Southern Disaster Recovery Randy Thompson, CEM, Government Affairs PO Box 7270 Ocean Isle Beach, NC 28469 (910) 398-18 18 randy@southerndr.com Summary of Emergency Management Qualifications Randell (Randy) Thompson is a Certified Emergency Manager with over 30 years of experience in emergency management (EM) planning, operational respon se, project/program management, and disaster and recovery. Throughout his career, Mr. Thompson achieved increasingly responsible positions with state and local agency assignments. He is a results-oriented emergency management profess ional who can identify and implement processe s to improve prep are dnes s and response activities. Mr. Thompson served as an Admin is trator for a large public safety department where he led response and recovery efforts for severa l state and federal di sas t er declarations. He has a profound ability to share information regarding current and suggested procedure s in a way that successfully produces efficiency and collaboration among all parties involved. Mr. Thompson has proven ex perience and detailed knowledge in Homeland Security Planning for preparedness, critical infra structure, and response/recovery operations. He has experience in effective training of emergency management perso nnel related to critical facilities protection programs, e.g., such as: Nuclear Facility Support, Port Security (Military & State Port Operations), Private Industry Hazardous Materials Program s and Trans portations of Ex plosive s and Spent Nuclear Fuel, etc. Mr. Thompson is a nationally known professional emergency management consultant who has served on national board s, such as the Nat ional Assoc iation of Counties (NACo) and the Board of Directors represen ting the members of the International Association of Emergency Manager's (IAEM). Mr. Thompson ha s also served on NACo's Justice and Public Safety Steering Committee, which recommend ed nationa l public safety initiatives for Congressional revi ew . Experience o Thompson Disaster Recovery Associates, Inc. Chief Executive Officer o Technical Resources Group, Inc. & Spectra Tech, Inc. 2016 Senior Exercise/Drill Planner o Unified Recovery Group Director of Governmental Affairs o Brunswick County Government Emergency Services Director o Wake County Government Deputy Emergency Management Director o Durham City Government Fire Lieutenant/Public Safety Officer o Chapel Hill Town Government Public Safety Officer Career Certifications and Accomplishments 2012 -Present August 2014 -March 2010-2012 2000-2010 1991-2000 1981-1991 1978-1981 o Emergency Manager Certification in 2008 from IAEM; Recertified through 2018 o North Carolina Certification as Executive Emergency Manager 109 White Oak Rd . Greenville, SC 29609 I Office 864-469-9776 I Fax 864-469-9642 www.s outherndr.com 110419a HCBOC Page 86 Southern Disaster Recovery o North Carolina Certifications in Advanced Firefighting, Hazardous Materials Technician, Arson Investigation, Fire Inspections and Instructor Certified in Fire, Hazardous Materials, OSHA, Radiological and Terrorism o Grant awards achievements include receiving and managing over 35 grants within an eight-year period amounting to millions of dollars in funding including, Homeland Security Grant Program; Port Security Grant Program; BZPP; Hazard Mitigation Grant Program; EMPG; and, Public Safety Interoperability Communications Grant o Project Administrator for the development of the first comprehensive Recovery Plan in the State of North Carolina Education o Shaw University, Raleigh, North Carolina , B.A., Public Administration o Durham Technical Community College, Durham, North Carolina, A.A.S., Fire Protection Technology o Duke University, Durham, North Carolina, Nonprofit Management Certificate Program Special Awards & Recognitions o Conferred the Order of the Long Leaf Pine (2009). Among the most prestigious awards presented by the Governor of North Carolina , which is pres ented to individuals who have a proven record of extraordinary service to the citizens of the state. o Presented the Medal of Valor by the City of Southport, North Carolina for act ions above and beyond the call of duty, exhibiting exceptional courage, extra o rdinary decisiveness and prese nce of mind, to save and p r otect human l ife during fire fi ghting activities on a 955-foot container ship, 55G Edward A. Carter, Jr ., while the ve ssel was moore d and f ully loaded with military ammunition at the south wharf, Sunny Point Marine Oc ean Terminal. Affiliations o Disa st er Recovery Contractors' As sociation o International Ass ociation of Emergency Managers o Am erican Board for Certification in Homeland Security o North Carolina Emergency Management Assoc iation o North Carolin a A ss ociation of Fire/Rescue In structors o North Carolina Ass ociation of Res cue and Emergency Medical Services o South Brunswick Island Rotary Club/Paul Harris Fellow 109 White Oak Rd . Gr eenville, SC 29609 I Office 864-469-9776 I Fax 864-469-9642 www.south erndr .com 110419a HCBOC Page 87 Al Mcclaran, CEO/Member 18 Summer Glen Dr. Simpsonville, SC 29681 Southern Disaster Recovery (864) 561-7797 al@southerndr.com As CEO/Owner of Southern Disaster Recovery, LLC (SOR), Al Mcclaran focuses on integrity, honesty, efficiency, and the safe completion of any endeavors SOR undertakes. Mr. Mcclaran successfully oversaw the debris recovery and management of 15 projects because of Hurricane Irma and 19 projects from Hurricane Matthew. His experience and insight enable SOR to provide the most economical and environmentally safe ways to manage debris to the complete satisfaction of the entity to which SOR is contracted. Experience Southern Disaster Recovery, LLC -Greenville, SC CEO/Member o Responsible for the day-to-day operations of Southern Disaster Recovery 2012 -Present o Works closely with Emergency Management and other government agencies both before and after disaster events o Manages up to 30 debris hauling and cutting subcontractors during disaster events o Helps with readiness planning and preparation. This includes working on debris management plans and training government personnel in debris recovery operations o Coordinates all aspects of the recovery and the documentation process to assure that the applicant receives the funding to which it is entitled o Disaster Ev e nts Worked: • 2015 Butte Wildfires -San Andreas, California • 2015 Flooding Event -South Carolina Department of Transportation • 2014 Winter Storm Pax -South Carolina Counties: Aiken, Barnwell, Allenda le, William sburg • 2016 Hurricane Matthew -19 contracts in North Carolina, South Carolina and Georgia • 2017 Hurricane Irma -15 contracts in Florida and Georgia DTS -Greer, SC 2009 -2012 Senior Project Manager o Oversaw debris removal operation s o W orked closely with Emergency Management and other government agencies both before and after disaster events o Disaster Events Worked: • 2012 Hurricane Isaac -St. John the Baptist Parish, Louis iana • 2011 Winter Storm Alfred -Connecticut: Fifteen Townships of Western Connecticut • 2011 Hurricane Irene -North Carolina Counties: Edgecombe, Wayne, and Halifax • 2011 Tornado -Rabun County, Georgia Education o Bob Jones University, Greenville, SC, Master of Arts o Bob Jones University, Greenville, SC, Bachelor of Arts Certificates Over 30 FEMA Certifications. Mr. Mcclaran is thoroughly knowledgeable of all aspects of FEMA criteria for debris recovery operations and has comp le ted numerous courses with FEMA 's Emergency Management Institute Independent Study Program. 109 White Oak Rd . Gre e nville, SC 29609 I Office 864-469-9776 I Fax 864-469-9642 www.southerndr.com 110419a HCBOC Page 88 Chris Johnson, Project Manager 2448 US Highway 411 Fairmount, GA 30139 Southem Disaster Recovery (770)547-0951 chris@sou t he rndr.com Chris Johnson has decades of skill development and practical experience in public service vocations, including disaster response and recovery project management, and storm debris management. His strong managerial and communication skills enable Chris to successfully operate and provide oversight on FEMA Public As sistan ce Programs initiated by a declared emergency. Experience Southern Disaster Recovery, LLC -Greenville, SC February 2018 -Present Project Manager-Responsible for fulfilling all contractual requirements in disaster response and recovery con sis tent with FEMA Public As sistance Program and Policy Guide and assoc iated policy documents. Self-Employed -BBRAC Farms, LLC -Fairmount, GA 2017 -Present Project Manager-FEMA, NRCS, USDA, EPD, Corp of Engineers & Georgia DNR; Farm Manager (cattle, hay); Storm Debris Management; and, Disaster Response and Recovery. Self-Employed -Enviro-friendly Outdoors -Fairmount, GA 1997 -Present Various Roles-Environmental Manager; Erosion Control Inspector, Erosion Control Installation; Heavy Equipment Operator; Nuisance Animal Trapper; Timber Harvest Reclamation; Illegal Dump Site Reclamation; Environmental Monitoring (Erosion Control Mea sure, Plan Compliance, Turbidity Samples, Storm Water Monitoring). Current instructor for the University of Georgia, Georgia Landfill Operators Training Program. Santek/Waste Services -Cleveland, TN June 2005 -January 2015 Safety Manager/Multi-Site Manager -Managed operations of Murray and Gordon County, Georgia, Solid Waste Disposal Facilities. Worked closely with elected officials and local, state, and federal regulatory agencies; Manage d the sa fety program, ensuring staff training and compliance with safety policies and compliance of OSHA regulations. Conducted safety audits and inspections of company facilities throughout the U.S. Chaired monthly safety mee tings and reviewed monthly incident reports. Fairmount Police Department -Fairmount, GA April 2002 -June 2005 Police Chief -Chief of all law e nforcement activities conducted within the city limits of Fairmount. Supervised three full-time officers, one administrative assistant, and four part-time officers. Conducted patrol activities, criminal investigations, record management, municipal court security, and other law enforcement needs. Gordon County Board of Commissioners -Gordon County, GA June 1998 -April 2002 Director of Environmental Services and Compliance -Director over the following departments: landfill; recycle center; six convenience wa ste disposal sites; litter control and compliance; so il and er osio n (issued land disturbing permits and enforced compliance); environmental enforcement (Water Shed 109 White Oak Rd. Greenville, SC 29609 I Office 864-469-9776 I Fax 864 -469 -9642 www.southerndr.com 110419a HCBOC Page 89 Southern Disaster Recovery Protection, Stream Bank Protection, and Stream Buffer Protection); and, assisted other departments and agencies in law enforcement activities that related to environmental law. Gordon County Sheriff's Office· Calhoun, GA 1984 -1998 Deputy Sheriff/Drug Task Force -Duties included all aspects of law enforcement: Detention; Court Services; Patrol activities; DUI Task Force; VIP security detail; Investigations; and, Drug Task Force. Extensive experience with Drug Interdiction: Was deputized in two O.C.D.T.F. cases , (DEA & FBI). Was the lead officer on the security detail for the South African and Sri Lanka Track Teams as they practiced in Gordon County, Georgia, for the 1996 Olympics. Certifications o Peace Officers Standards and Training/State of Georgia, POST Council, License PBLE-86-1296-S: November 1986 -Present o Professional Nuisance Animal Trapper, Georgia DNR, License Number 70196: 1997-Present o Landfill Manager/Georgia Solid Waste Association, License 1042: July 1998 -Present o Soil and Erosion, Level 1-B Certified Inspector/ Georgia Soil and Water Conservation Commission, Certification# 0000011880: June 2009-Present Education o Kennesaw State University, 1992, B.S., Public and Social Services o Reinhardt University, 1987, A.S., Criminal Justice Community Service o Gordon County Board of Education, 2008-Present o Chairman Gordon County Board of Education, 2016-Present o Gordon County Chamber of Commerce, Drugs Don't Work Committee o Calhoun Gordon County Fellowship of Christian Athletes, Charter Board Member o Gordon County Emergency Management Agency, Volunteer Coordinator, Incident Command Safety Officer o Gordon County College and Career Academy, Board Member 109 White Oak Rd. Greenville, SC 29609 I Office 864-469-9776 I Fax 864-469-9642 www.s outherndr.com 110419a HCBOC Page 90 Southern Disaster Recovery Robert "Chip" Patterson, Jr., Senior Project Manager 1532 Quail Roo st Lane Jacksonville, FL 32220 904-334 -9690 chip@so utherndr .com Robert "Chip" Patterson has 29+ years of expe rien ce pre-planning for disaster event s, as well as implementing strategies and operations for disaster recovery services . Prior to joining Sout hern Disaster Recovery, Chip's disaster response and recovery career expanded , including positions as: disaster services contractor; serving in a mayoral appointed position for 10 years as the City of Jacksonville, Florida's Directo r for Emergen cy Management and Homeland Security. Prior to work in Florida, Chip was the Chief of Operations for the North Carolina Division of Emergency Management. His career includes service as a Radiological Em erge ncy Preparedness Planner in North Carolina and 6 years in the United States Navy nuclear propulsion program. Experience Southern Disaster Recovery, LLC -Greenville, SC Feb rua ry 2018 -Present Senior Project Manager-Responsible for fulfilling all contractual requirements in disaster response and recovery consistent with FEMA Public Assistance Program and Policy Guide and associated policy documents. J. B. Coxwell Contracting, INC. -Jacksonville, Fl July 2006 to February 2018 Director of Disaster Services -Emergency management and homeland security business development and service delivery for a 300-person civil construction firm providing services in all phases of emergency management. Public Assi st ance activities included debris clearance and removal in eighteen (18) jurisdictions. Emergency Preparedness Division Chief -Jacksonville, Florida January 1996 to July 2006 Duval County Emergency Preparedness Director -Re sponsible for a co mprehensive emergency manag ement program that included plans and procedures development; public ed ucation; disaster response and recovery management; facilities management; program development and marketing; personnel development; press avai labilities; and, interacting with elected officials in a jurisdiction of 840 square miles with a population of over 800,000. Incident Management Team Lead in Harrison County, MS for Hurricane Katrina; IMT Lead in Lee County, FL in Hurricane Wilma. Over sight of disaster recovery programs for ten Pr esi dential declared disasters; Managed disaster r esponse and administered FEMA Public Ass ist ance and Hazard Mitigation programs. Florida Division of Emergency Management -Tallahassee, Florida June 1993 to December 1995 Response Services Administrator -Managed State of Florida delivery of disaster resources (equipment, personnel and programs). Non-d isas ter related activities included development and maintenance of the State's Comprehensive Emergency Management Plan , Rad iological Emergency Preparednes s Program and management of seven field offices. Disaster-related opportunities included mana ging the State Emergen cy Operations Center. Oversight during six Presidential declared disasters. North Carolina Division of Emergency Management-Raleigh, North Carolina March 1989 to June 1993 Chief of Operations -Managed State of North Carolina disaster resource s delivery. Managed the 24/7 State Warning Point. Planner for Radiological Emerge ncy Preparedness . Education • Bachelor of Science in Sociology, University of the State of New York, 1989 • Master's in Business Administration, Jacksonville University, 2002 109 White Oak Rd. Greenville, SC 29609 I Office 864 -469-9776 I Fax 864-469-9642 www.southerndr.com 110419a HCBOC Page 91 Southern Disaster Recovery Associations • Adjunct Instructor, University of North Carolina/College of Public Health 2006 -Present • Adjunct Instructor, Flagler College/Public Administration 2006 -2017 • US Navy Postgraduate School, Center for Homeland Security and Defense • Mobile Executive Seminars 2006 -Present • Florida Emergency Preparedness Association • Florida's Emergency Manager of the Year -2005 • Board Member, Greater Jacksonville Agricultural Fair • National Hurricane Conference, Response Committee Certifications • Certified Emergency Manager (CEM) 2012-2017 • USACE Contractor Quality Control • OSHA 30-hour Safety • OSHA HAZWOPER • NIMS/ICS Instructor • FEMA Instructor -EOC • Florida Professional Emergency Management • IS-700.a National Incident Management System (NIMS), An Introduction ICS Instructor • IS-775 FEMA ICS/EOC Instructor • FEMA Instructor -Emergency Operations Center • FEMA Exercise Design Control Evaluate Certified • FEMA Integrated Emergency Management Course • US Army Corps of Engineers Contractor Quality Control Certified • Navy Postgraduate School Center for Homeland Defense and Security Mobile Executive Training SME 2006-present • University of North Carolina, Gilling's School of Public Health, Emergency Preparedness Certificate, Adjunct Instructor 2006-present • Flagler College, Public Administration Program, Adjunct Professor, (Emergency Management; Fiscal Administration; Intergovernmental Relations) 2012-2017 • North Carolina SERT Emergency Operations Chief; 1990-1993 • Florida SERT Comprehensive Emergency Management Plan (CEMP) Administrator; 1993-1995 • Florida SERT Emergency Operations Chief; 1993-1995 • Florida SERT Hurricane Katrina Incident Management Team Lead (Harrison County, MS) • Florida SERT Hurricane Wilma Incident Management Team Lead {Lee County, FL) • Florida County {Duval) Emergency Management Director; 1996-2006 • Florida Governor's Hurricane Conference 2018; Lead Trainer; "Evaluating Debris Management and Monitoring RFPs" • National Hurricane Conference; Response Planning Subcommittee; 2008-present; • US Army Emergency Operations Center Training Development Team; 2014-2016 • US Army Emergency Operations Center Training Cadre; 2014-2017 • Emergency Management Accreditation Program {EMAP); Standards Subcommittee; 2015-present 109 White Oak Rd . Greenville, SC 29609 I Office 864-469-9776 I Fax 864-469-9642 www.southerndr.com 110419a HCBOC Page 92 Southem Disaster Recovery Jordan Mcclaran, Controller 108 E Tuga loo Court Greenville, SC 29609 (864)505-1976 jordan@ southerndr.com Jordan Mcclaran is attentive to detail and committed to accuracy, ensuring Southern Disaster Recovery (SDR) clients are served with integ rity and efficiency. Mr. Mcclaran oversees an office staff who suppl ement his sk ills, further extending the overall preci sion with which di sas te r respon se and recovery project records are maintained . The administrative operations of SOR often receive high praise from the clients ser ved, sta ting record s are correct, often requiring little review or oversight. Experience Southern Disaster Recovery, LLC -Greenville, SC Controller o Review and reconcile company accounts with annual revenue s of $50 m illion 2014 -Present o Communicate with clients and coordinate collection of outstanding accounts receivable o Manage accounts payable and reconcile final payment reports to subcontractors upon project completion o Participate in sales efforts by meeting with emergency managers and coordinating efforts to obtain preposition contracts Cherry Bekaert, LLP -Greenville, SC Audit Staff 2013 -2014 o Participated in all aspects of audits and reviews for both public and private companies ranging from $200K to $750M in revenue s o Served cl ients in manufacturing, distribution, banking, real estate, not-for-profit, and governmental industries o Manag ed communication with clients to determine timing of procedures as well as to ensure audit procedures would be completed based on planned timing o Performed walkthroughs of companies' internal control processes to identify areas of ri sk o Recommended internal control processes to mitigate identified risks o Researched accounting guidance on complex accounting iss ues o Performed work in high -risk audit areas including revenues, inventory, and accrued liabilities o Drafted financial statements and communicated with managers and clients regarding financial statement edits Cherry Bekaert LLP -Greenville, SC Audit Intern 2012 o Aided in the audits of clients in multiple industries including banking, government, and not-for- profit o Performed audit procedures for: Cash, PP&E, Acco unts Payable, Accrued Expenses, and Single Audit o Assiste d in ta x return preparation Education o Cl emso n University, Cl emson, SC, August 2013, Master of Professional Accountancy o Bob Jones University, Greenville, SC, May 2012, B.S., Accounting Certificates o Certified Public Acco untant, State of South Carolina 109 White Oak Rd . Greenville, SC 29609 I Office 864 -469 -9776 I Fax 864 -469 -9642 www.so utherndr.com 110419a HCBOC Page 93 Southem Disaster Recovery CERTIFICATIONS HELD BY MANAGEMENT TEAM Al Mcclaran (CEO) IS -1 Emergency Manager : An Orientation to the Position IS-5.a An Introduction to Hazardous Materials IS-7 A Citizen's Guide to Disaster Assistance IS-10.a IS-15.b IS-22 IS-26 IS -33.12 IS-35.12 IS-55 IS-100.a IS-100.Pwb IS-208.a IS-230 .a IS-235 .b IS-240 IS-241.a IS-242 .a IS -2S3 IS-271 IS-293 IS-324 IS-340 IS-403 IS-630 IS-632 IS -634 IS-6 50.a IS-700.a IS-800.b I S-801 IS -802 IS-803 IS -804 IS-805 IS-806 IS-807 IS-808 IS-809 IS-810 IS-811 IS-812 Animal s in Disaster: Awareness and Preparedness Special Events Contingency Planning for Public Safety Agencies Are You Ready? An In-depth Guide to Citizen Preparedness Guide to Points of Distribution FEMA Initial Ethics Orientation FEMA Safety Orientation Household hazardous Materials-A Guide for Citizens Introduction to Incident Command Introduction to the Incident Command System for Public Works State Disaster Management Fundamentals of Emergency Management Emergency Planning Leadership and Influence Decision Making and Problem Solving Effective Communication Coordinating Environme ntal and Historic Pr ese rv ation Compliance Anticipating Haza rdou s Weather and Community Risk Mission Assignment Community Hurricane Prepa redness Hazardous Materials Prevention Introduction to Individual Assistance Introduction to the Public Assistanc e Process Introduction to Debri s Operations Introduction to FEMA's Public Assi stance Building Partnerships with Tribal Governments National Incident Management System (NIM S), An Introduction National Response Fram ework, An Introduction Emerge ncy Support Functions (ESF) #1-Transportation ESF #2 -Communications ESF #3 -Public Works and Engineering ESF #4 -Firefighting ESF #5 -Emerg e ncy Management ESF #6 -Mass Care, Em e rgency Assistance, Housi ng, and Human Services ESF #7 -Logistics M anagement and Re source Support Annex ESF #8 -Public Health and Medical Services ESF #9 -Search and Rescue ESF ttlO -Oil and Hazardous Mate rials Re sponse Annex ESF #11 -Agriculture and Natural Resources Annex ESF #12 -Energy 109 White Oa k Rd. Gree nville, SC 29609 I Office 8 64-46 9-9 776 I Fax 864-469-9 6 42 www.southerndr.com 110419a HCBOC Page 94 1$-813 15-814 15-820 EM16 Southern Disaster Recovery ESF #13 -Public Safety and Security Annex ESF #14 -Long Term Community Recovery Introduction to NRF Support Annexes Debris Management (G202 12.0 Credit Hours) Randy Thompson (Government Affairs) NC-1002.2 NCEMA Spring Conference 15-00394.A Protecting Your Home or Small Business from Disaster 15-00453 Introduction to Homeland Security Planning IS-00230.c Fundamentals of Emergency Management G-146 HSEEP -Homeland Security Exercise and Evaluation Program 15-00548 Continuity of Operations (COOP) Manager 15-00026 Guide to Points of Distribution G-386 Mass Fatalities Incident Response G191 ICS/EOC Interface G-271 G-400 G-300 NC771 G-400 NC815.1 NC714 NC290 NC-999.3 G-288 NC654 G280 G244 G652 G241.1 G240.1 G-385 G320 G330 NC-601 G326 G305.7 NC-601 G326 G652 G-130 G120 G242 Hazardous Weather and Flooding Preparedness ICS-400 -Advanced Incident Command System Command and General Staff -Complex Incidents ICS-300 -Intermediate Incident Command System for Expanding Incidents Brunswick WMD Training Exe ICS-400 -Advanced Incident Command System Command and General Staff -Complex Incidents Incident Command System 200 TTT WMD Radiological/Nuclear Awareness TTT Basic Public Information Officers (PIO) Damage Assessment Local Volunteer and Donations Management Capstone Seminar Public Policy in Emergency Mgmt Developing Volunteer Resources Managing the Search Operation Basic Skills/Decision Making & Problem Basic Skills/Leadership & Influence Disaster Response and Recovery Operations Fundamental Course for Radiological Monitor Refresher Course for Radiological Monitors Public Officials Conference (POC) Fundamental Course for Rad Response Teams Overview of the Incident Command System Public Officials Conference (POC) Fundamental Course for Rad Response Teams Managing the Search Operation Exercise Evaluation Exercise Design Course Basic Skills/Effective Communications 109 White Oak Rd. Greenville, SC 29609 I Office 864-469-9776 I Fax 864-469-9642 WWW.SOU therndr. com 110419a HCBOC Page 95 G243 NC-999.3a G230 G-386 G346 G652 G235 G305.8 G605 G651 G650 G340 G323 G801 S oR Southern Disaster Recovery Basic Skills/Creative Financing Damage Assessment Introduction to Emergency Mgmt Mass Fatalities Incident Response Hospital Emergency Dept Mgmt of Rad Accident Managing the Search Operation Emergency Planning Course Hazmat Workshop for EMS Providers Family Preparedness Managing Emergency Operations New Coord/sec Workshop Radiological Monitor Instructor Course Funda mental Crs for Radiological Officer Hazmat 1st Responder Chip Patterson (Senior Project Manager} Certified Emergency Manager (CEM) 2012-2017 USACE Contractor Quality Control OSHA 30-hour Safety OSHA HAZWOPER NIMS/IC$ Instructor FEMA In str uctor -EOC Florida Professional Emergency Management IS-700.a National Incident Management System (NIMS), An Introduction ICS Instructor IS-775 FEMA ICS/EOC Instructor FEMA Instructor-Emergency Operations Center FEMA Exercise Design Control Evaluate Certified FEMA Integrated Emergency Management Course US Army Corps of Engineers Contractor Quality Control Certified Navy Postgraduate School Center for Homeland Defense and Security Mobile Executive Training SME 2006-present University of North Carolina, Gilling's Schoo l of Public Health, Emergency Preparedness Certificate, Adjunct Instructor 2006-present Flagler College, Public Administration Program, Adjunct Professor, (Emergency Management; Fiscal Administration; Intergovernmental Relations) 2012-2017 North Carolina SERT Eme rg ency Operations Chief; 1990-1993 Florida SERT Comprehensive Eme rgency Management Plan (CEMP) Administrator; 1993-1995 Florida SERT Emergency Operations Chief; 1993-1995 Florida SERT Hurrican e Katrina Incid ent Management Team Lead (Harrison County, MS) Florida SERT Hurricane Wilma Inciden t Management Team Lead (Lee County, FL) Florida County (Duval) Emergency Management Director; 1996-2006 Florida Governor's Hurricane Conference 2018; Lead Trainer; "Evaluating Debris Management and Monitoring RFPs" National Hurricane Conference; Response Planning Subcommittee; 2008-present; US Army Emergency Operations Center Training Development Team; 2014-2016 109 White Oak Rd. Gr eenville, SC 29609 J Office 864-469-9776 J Fax 864-469-9642 www.south e rndr.co m 110419a HCBOC Page 96 southern Disaster Recovery US Army Emergency Operations Center Training Cadre; 2014-2017 Emergency Management Accreditation Program (EMAP); Standards Subcommittee; 2015-present Bryan Fike {Senior Director of Client Services} State of Florida Certified -Law Enforcement Officer/ Firefighter/ EMT State of Florida Narcotics Investigation, Certified State of Florida Advanced Training and Crisis Intervention State of Florida Liability and Safety in the Workplace State of Florida, Incident Command Center Operations and Communication State of Florida Advanced Life Saving Techniques, including Vehicle Extrication and Water Rescue State of Florida Advanced Field of Training officer, Certified State of Florida Advanced Human Diversity Training State of Florida, Line Supervision 15630 -Introduction to the Public Assistance Process 15631-Public Assistance I & II 15632 - Debris Operations in FEMA's PA Program 15241 -Decision Making & Problem Solving 15393 -Introduction to Hazard Mitigation 15547 -Continuity of Operations 15325 -Earthquake Basics: Science, Risk, and Mitigation 150650 -Partnerships with Tribal Government 150253 -Environment & Historic Preservation 150022 -Citizen Preparedness 150394 -Protecting Homes/Small Business 150197 -Planning for Special Needs JCS 100 -Introduction to ICS JCS 200 -ICS for Single Resources and Initial Action Incidents NIMS 15-100-Introduction to the Incident Management System NIMS 15-200 -ICS for Single Resources and Initial Action Incidents NIMS 15-700 -National Incident Management System NIMS 15-800 -National Response Framework HSEEP Certified (Homeland Security Exercise Evaluation Program) Asbestos Disposal Training: Type 1, 2, 3 Brett Huet (Safety Manager} 15A Board Certified Master Arborist !SA Certified Utility Specialist ISA Municipal Specialist ISA Tree Risk Assessment Qualification California Qualified Applicator License TCIA Certified Treecare Safety Professional TCIA Aerial Rescue Instructor TCIA Chainsaw Specialist Instructor TCIA Tree Climber Specialist Instructor TCIA Crew Leader Instructor NATS Chainsaw Operator Technician 109 White Oak Rd . Greenville, SC 29609 I Office 864-469-9776 I Fax 864-469-9642 www.so uth ern dr.com 110419a HCBOC Page 97 Southern Disaster Recovery NATS Train the Trainer Qualified Line Clearance Arborist S-131 Advanced Firefighter 5-211 Portable Pumps and Water Use 5-212 Power Saws S-215 Fire Operations in the Urban Interface S-216 Incident Business Management S-230A Single Resource Boss 5-231 Engine Boss 5-2608 Incident Business Management 5-390 Fire Behavior Calculations IS-00700 National Incident Management System: FEMA CPR/1st Aid Instructor Jordan McClaran (Controller} Debris Management Planning for State, Tribal and Local Officials 15 -00632.a Introduction to Debris Operations 15-00001.a Emergency Manager: An Orientation to the Position Beibei Staton (Administrative Staff) IS-00632.a Introduction to Debris Operations 15-00634 Introduction to FEMA's Public Assistance Program 15 -910 Emergency Management Preparedne ss Fundamentals IS-253 Coordinating Environmental and Hi storic Preservation Compliance 109 White Oak Rd. Greenville, SC 29609 I Office 864-469-9776 I Fax 864-469-9642 www.so ut herndr.co m 110419a HCBOC Page 98 Modified Equipment List Name Equipment Description 2015 Talbert Lowboy Trailer 2016 Kenworth 1880 Road Truck w/26'Forage Trailer 2000 East Live BottomTrailer Eastlive Bottomlrailer 2000 Freightliner Blue Truck Road Tractor 2001 Peerless Hale Trailer Brake Wheel Liv e Bottom Trailer 2002 Mack 600 RD Road Tractor 2004 Mack CHN 600 Road Trailer 2006 Mack CHN 600 Road Tractor 2007 Sterling(Peterson) Blower Truck 1996 Summit# 685 Trailer SE, Live Bottom 2017 Peterbilt Blower Truck 2006 International 40005 Bucket Truck 2016 Volvo Artie Hauler Off-Road Truck 2019 Kenworth T880 Road Truck w/30' Trinity Trailer 1999 Komatsu Excavator PC300-6 2018 Peterson Horizontal Grinder 5710D Mccloskey Trommel Screener Caterpillar Wheel Loader IT38G 2007 Komatsu ExcavatorPC200LC-8 2010 Komatsu WA250-6 Wheel Loader w/ CouplerBuckets & Forks 2005 Caterpillar Track Loader 953C 2004 McPherson Air Curtain Incinerator 2014 Komatsu Excavator PC210LC-10w/42" bucket&thumb 2014 Komatsu Crawler Dozer D3 9PX-2 3 Precision 200 HP Chipper w/sc reen, blower & vibrating conveyor Reach Reach Fork lift 6K-34'D1esel FLOl-0381 2017 Komatsu Excavator PC170LC-10w/42" bucket & thumb 2017 CAT Track Lo ader 259D Komatsu Wheel Loader WA320-7w/bucket •sDR also has a dedicated fleet of subcontractors with 90+ self-loaders and 60+ bucket trucks. 109 White Oak Rd . Gree nville SC 29609 I Office 864-469-9776 I Fax 864-469-9642 www.southerndr .com 110419a HCBOC Page 99 Southern Disaster Recovery TAB 4 -EXPERTISE IN FEMA REIMBURSEMENT PROCESS 109 White Oak Rd. Greenville, SC 29609 I Office 864-469-9776 I Fax 864-469-9642 www.southe rndr.com 110419a HCBOC Page 100 SouthemDbasterRecovery FEMA REIMBURSEMENT PROCESSES Southern Disaster Recovery {SDR) is highly experienced and qualified to assist any entity with all aspects of FEMA reimbursement and documentation. We have the expertise to perform the tasks of the project to meet the needs of the entity and maximize funds reimbursement . Our operations are based on the Public Assistance Program as stip u lated in The Stafford Act and clarified in 44 CFR, FEMA's 325 Guide, the 9500 series and various other FEMA publications on the subject of disaster debris management . Most of our clients participate in the Alternative Procedures Pilot Program for Debris Removal instituted by the 2013 Sandy Recovery Improvement Act. SDR's FEMA Liaison, Johnny Deloach, is a retired FEMA employee, where he was the Deputy for Debris in FEMA Region IV (Southeastern US headquartered in Atlanta). After leaving FEMA, Mr. Deloach acted as a consultant to states, counties, and the United States Army Corps of Engineers . His duties included : Preliminary Damage Assessment (PDAs), preparation and review of Project Worksheets (PWs), securing Immediate Needs Funding (INF) and Expedited Funding. Additionally, he has been called upon for problem resolution and closeout. Randy Thompson, SDR's Government Affairs, has experience in effective training of emergency management personnel related to critical facilities protection programs. Mr. Thompson's knowledge of FEMA regulations and environmental concerns for localities ensures that SDR's processes are according acceptable strategies and practices. SD R's owner, Al Mcclaran, prepared the Jefferson County Georgia Debris Management Plan for Lamar Baxley (Jefferson County Director of Emergency Management). He conducted debris operations training for Gordon County Georgia Emergency Management and Public Works at the request of Richard Cooper, Director of Emergency Management. Furthermore, he has reviewed and assi sted the Banks County Georgia Debris Management Plan prepared by Deidra Moore (Banks County Director of Emergency Management) and the Wilkes County Georgia Debris Management Plan prepared by Blake Thompson (Wilkes County Director of Emergency Management). In South Carolina, he reviewed the York County Debris Management plan. Al Mcclaran, CEO, has assisted county officials in PDAs, PWs and INF. Furthermore, all SOR office staff are familiar with FEMA reimbursement process and are available to assist clients with question s regarding the process. In addition to the staff named herein, severa l other high-level project management staff such as Chip Patterson and Chris Johnson, have extensive experience, spanning decades, with emergency management programs and protocols, which further bolsters our ability to meet the needs of entities to recover and remove debris in a manner that is safe, efficient, and affords the maximum amount of FEMA reimbursement. Comp r ehensive ly , our staffs' knowledge of FEMA regulations and environmental concerns for localities ensures that SDR's processes are according acceptable strategies and practices. 109 White Oak Rd . Greenville, SC 29609 Office 864 -4 69 -9 776 Fax 864-469-9642 www.so utherndr.com 110419a HCBOC Page 101 Southern Disaster Recovery DOCUMENTATION, REPORTING, AND RECONCILIATION PROPRIETARY NOTICE This document includes data that shall not be disclosed outside the Government, and shall not be duplicated, used, or disclosed in whole or in part for any purpose other than for evaluation of company capabilities in conjunction of any proposal or award, without consent from Southern Disaster Recovery {SOR). Onsite monitoring of disaster debris during a recovery project is typically managed by a firm specializing in debris monitoring and tracking. Should an entity require self-monitoring by the debris recovery and removal contractor during a declared disaster, Southern Disaster Recovery (SOR) has access to a leading storm management software system, STORMadms™, which was designed to streamline debris tracking and ticketing. STORMadmsT"' applications and reporting work together to support overall management of a project, drive down costs, increase efficiency, and, eas ily integrates with SDR's QuickBooks and Microsoft Office applications. SDR's current electronic protocol for debri s data management ea sily supports the importi ng of any dat a output from a Monitoring Firm's Automated Debri s M anag ement Sy stem (ADMS). The integration of our selected software choic es provides intelligent, flexible, and acc ess ible methodology to manage complex work. In the absence of a Monitoring Firm's ADMS, SOR ha s a robust field documentation sy stem that has proven its reliability as source documentation for FEMA and other federal funding program reimbursements. SOR r ecognize s the importance of, and the detail s requir ed, for documenting and reporting disa st er recovery servi ces throughout the entire r ecove ry proces s. Our proj ect m anagement documentation process is built to exceed related federal guidance including: • Archived Documents Include : o FEMA 321 Public Ass istance Policy Digest o FEMA 322 Public Assistance Guide o FEMA 325 Public Ass istance Debri s Mana ge m e nt Guide o FEMA 329 Debris Management Brochure o FEMA Disaster Assi st ance Policy OAP 9523.11 : Hazardous Stump Extraction and Removal Eli gibility OAP 9523 .12: Debri s Oper ations; Hand loaded truc ks and trailers OAP 9523.13 : Debris Removal from Privat e Property OAP 9523.4: Demolition of Private Structures o FEMA Fact She et s 9580.1 Public Assist ance Debris Operations Job Aid 9580.4 De bris Ope rations 9580.201 Debri s Removal -Applicant's Contracting Checklist 9 5 80.203 -Debris Monitoring • FP 104-009-1 Public Assistance Program and Policy Guid e • FEMA St afford Act Sections 403 & 407 Page 1 of 9 110419a HCBOC Page 102 Southern Disaster Recovery • FEMA Stafford Act Section 316 • 44 CFR 10.8(d)(2)Determination of requirement for environmental reviews • 44 CFR 206.44 Implementing CoBRA • National Environmental Protection Act (NEPA) • FHWA/ER Program -23 CFR 668 Subpart A • USACOE EM 385-1-1 Safety Guidance/Accident Prevention Plan SDR structures our service delivery, plans/procedures, and training to ensure we conduct a disaster recovery project for the greatest federal government reimbursement to our client. Our plans and procedures include the field deployed, command center, and administrative tools to ensure proper documentation of the removal of eligible debris. Our protocols assure the entities to which we are contracted that their federal reimbursement will be fully maximized. Our system is built upon: ../ Proper certification of haul vehicles with entity signatures and approvals . ../ Proper field documentation of each load hauled with identification of the particular certified vehicle, driver and location of eligible debris removed . ../ Proper field documentation of each load disposed of (or reduced) with specific information concerning the disposal location and the safe, permitted operation of that disposal (or reduction site) location . ../ Daily reports (including access to those reports) of the updated loads hauled database to ensure ongoing transparency and communication of work accomplished . ../ Field documentation fully supported by detailed reports and up-to-date databases that describe eligible debris removed from eligible roadways. Additionally, SDR's project management documentation process provides for positive identification and control of work on FHWA and other federal aid eligible roads. Most jurisdictions anticipate receiving disaster recovery funding from various state and/or federal agencies, which necessitates strict adherence to established guidelines and the provision of required documentation. In addition, systems must validate the exact level of effort provided by the contractor in order to properly control and verify the work effort. To that end, SDR has established a catalog of forms and documentation, which successfully provides the required information for full reimbursement from the various funding agencies, as well as the essential documents to secure payment to the contractor. The following pages detail SDR's forms and processes for each step of the project. THE REMAINDER OF THIS PAGE IS BLANK Page 2 of 9 110419a HCBOC Page 103 SouthemD~asterRecovery HOURLY TIME SHEETS The Hourly Push Time Sheet is used during the 70-hour "push" or "cut and toss" phase to properly identify who worked, their job classification, work performed, and any equipment utilized. The connectivity between labor hours and equ ipment run-time is very important in final documentation and FEMA reimbursement. SQR SOUffalltiloeMS'lalt lllaCO\SRY , .... Or* ... -IC-__ ...,....clllffl ---,.(114)-,.c-, ..... TIME SHEET APPLICA!n 'Subcontractor Crew Number LOCA llON/SrTI! NOTES ,..,sonn•I I E•ulnment DATE AND HOURS-ED EACH DAY OPl!l'IATOR'S NAME TOTAL .. DtCA.TS ....._MODn.M0"°9 DPC91PTIONM~91ATI DATE HOIMS HOURS HOUIIS HOURS HOUM HOURS HOURS HOURS HOURS HOURS IIITIALS CE"llFIED IIY: TITLE DATE SDR Hourly Push Time Sheet (Document shown sm aller than actual size) THE REMAINDER OF THIS PAGE IS BLANK . Page 3 of 9 110419a HCBOC Page 104 Southern Disaster Recovery DEBRIS MANAGEMENT SITE ASSESSMENT FORM Concurrently, during the 70-hour "push" or "cut and toss" phase, entity officials and SOR will be preparing for the debris removal phase of the operation. Typically, before the debris removal phase can start, Temporary Debris Management Sites (TOMS) must be established. The sample form below is designed to document the site assessment; gather information to complete any state and/or local permits; and, document the completion of the site as a TOMS. ---- TIii"'-----·--,.,..., ..... ---~· --......... ---...... -. ......... --- OH)RIS MANAGEMENT snE AS5 ES5Mf:Nl FORM """ .. D .. a "'" "'" "'" -a •O ,......_ ,.,....,_ ---............ _ ... ._.....,,.... ..... --_._._.,. ... ......... _ ........... u.. ...... ,.a "'" a...._ ............ --.i -"'" ,.a •a .. a .. a .. a •D -a •D ,_ D "'" ;"°"""_..,.__."' ...... ..-. .... <Nl ... 11C711 ..... ~'1,. ........ .,. ...... , ......... .,._.. ......... , ... ~.~INl~.....,_ .. , .................. ~,.......-..r..t ... . , ~----OESA.IS MANAGEMENT SITT ASS(SSMENT fORM --.....,....,_u.o,, .... ... o .... ----o -.... c--• ....-. •• D ·--,.o -----.. o ~-~•"-•ur• .. *" U,tqia-.T-L...Ql:'M.ltialca ~-~-fl,keffJ't'nda -.w--~u.ci--- kl,Jj\Y-5'-,i.tT.._ r ..... /1.--"~ ·--~~btt:,w-- N~T.-(1) " . ..o .......,....,..,...._"'-" , ..... .. ,, --..,, ..,,,,...,...,.., ..... .. o --- .. o ........,.._ ....... ·-·-,....,. ... ,llat,IT_ •• a -a •• a ,.a ,-a SOR DEBRIS MANAGEMENT SITE ASSESSMENT (Document shown smaller than actual size) ... o ... o NoD NoD ... o As TDMS's are being constructed or modified per the permit requirements, the entity officials and SOR will certify trucks to prepare for the "load/haul" stage of disaster debris recovery/management. THE REMAINDER OF THIS PAGE IS BLANK . Page 4 of 9 110419a HCBOC Page 105 Southern Disaster Recovery TRUCK CERTIFICATION FORM The Truck Certification Form documents that the truck and/or trai ler is safe, properly licensed, insured, and operated by a licensed driver. The form also certifies the load carrying or volume capacity of the truck and/or trailer, which is a necessary component in determ ining the total load haul amount for use in the federal reimbursement and contractor compensation process . -IO-.,__ """ .......... ,.. 0, " 02 :r •• .... ..-03 ~-• 04 .. •~ r •• r 07 " oe 1V • o• .. --09 ,r -,o .------, QS..,~ Li """"~ D o..mc> Trudi n Se,,rnlTr~ n,-..-o c.n. c--___ , T"""'*-(-,..,..J, UAOW u~ 0 Tr .. V#OA. 0 ROE n ,..,o..a ""-0..noi..,-d ...... '7 --aoc,...,......,., .... 1,. c;...-.,.......,t\ .... •HJIZ'T S1aplo Plc1u<o Hoc• SOR Truck Certification Form (Docum ent shown smaller than actual size) LOAD TICKET LI ..,_ U ,_, n -UNo o -0'*' a -o ... SDR's Load Ticket may al so be utilized by the Client to record the debris collected and transported from rights-of-way to the designated disposal site s. SDR captures 15 key data points described in the Debris Management Guide (FEMA). The six-pa rt load ticket allows all recovery participants to accurately maintain documentation of their billable activities during the recovery project. Each week, or more frequently if deemed nece ss ary by the severity of the storm, the load tickets u se d will be posted to a spreads heet and/or database and electro n ically submitted to the Client. The database include s the following information from each load ticket: • Date • Preprinted ticket number • Hauler's name • Truck number Page 5 of 9 110419a HCBOC Page 106 Southern Disaster Recovery • Truck capacity in cubic yards • Load percentage full, as assigned by the Client Representative in the tower • Load amount in billable cubic yards • Debris classification as burnable, non-burnable, mixed, other • Point of origin for debris collection, time loaded and unloaded, including location of the temporary disposal site 9Re 22 Ql www.southemdr.com Load Tleket CY : c:h8a< one) 0 Vagetaliv&'Woody O C & 0 O Mixed D Mulch 0 While Goods O Omer (spec:,ly). Dmw'• Name: (print) Si ture : IOo: ~ OLusW .41tl'ht p.,_. 121•. GrNr. SC 2115G -Ph. l&f..se1 .n,1 -:SOR -11 .. :i""'°'Cq,y -Glwn:Agency -c:.n.,y:C&ont._ - Ptnle T-.. Coi>v -Gold: c,;e.,1 Field SOR 6-part Sequentially Numbered Load Ticket (Document shown smaller than actual size) As demonstrated in the preceding example, the load ticket r ecords all necessary identifying data to expedite data processing, compensation, and reimbursement . The distribution of all ticket copies for the various type of debris will be determined by the contractor and the designated Project Officer. Entity officials may authorize other debris recovery tasks during debris management for which the Load Ticket is not suitable. Specifically, leaners and hangers have unique documentation requirements. Page 6 of 9 110419a HCBOC Page 107 Southern Disaster Rec:overy LEANER/HANGER WORKSHEET The Hanger/Leaner Worksheet documents the eligible work effort of the assigned crew in the field in a manner consistent with the FEMA Public Assistance Program and Policy. Leaner/ Hanger Worksheet A licant : Contractor: S DR ---Appllant Rtprestntatlve: No. 10 11 1l u 14 u " " u lt 21D 11 2l u 14 1S .. n hysial lMabon {•.•· SvN tMclrus, •1<.) 0..Krib<tfa<4iry (IIOW, ltO.£ .. ,at\, Ory ........ .......,, - lal(>o). ....... IMCl<l - • WhiW: SOR • Blue: Or1Ytr • Green: Oient • Clnnary: fiekf Subtontuetor: UOIWI: ......... -......... - - -- SOR leaner/Hanger Worksheet (Document shown smalle r than actual size) THE REMAINDER OF TH IS PAGE IS BLANK . Page 7 of9 -··-· 1000 Date: Trvckl 110419a HCBOC Page 108 Southern Disaster Recovery DATA VERIFICATION AND REPORTING Just as in th e Field Ticketing for Loads and Ti me/Material Tickets, the third -party independent monitor signature is an i mportant validation for the County to document for disa ster reimbursement purposes. Following the col lectio n of data in the field via Load Tickets or Leaner/Hanger Worksheets, all documents are entered into a spreadsheet for subsequent reports and invoici ng . Entity officials and will receive daily reports and updates that are integrated into t he entity's situation reporting, enabling the production of any manner of report for daily briefings, weekly rollups, or work reconciliation. Reports are tailored to support the unique needs of each client. In addition to the aforementioned forms, SDR may provi de the following source documentation in conjunction with the entity's monitoring firm: 1. Monitored Time and Materials Tickets and Summary Spreadsheets 2. Debris estimate reports 3. TDMS a. Lease Agreement (if warranted} b. Property Owner Releases c. Pre-cleanup pictures of site d. Site Characterization Report; Soil samples e. State Environmental Agency Permit 4 . Truck Certification Forms, Photos, Summary Spreadsheets 5. Daily Action Plan(s), Damage Reports, Customer Contact Reports 6 . Monitored Load/Haul Tickets, Summary Spreadsheets, Daily Reports 7. Monitor Tower Log Sheets, Daily Reports 8. Monitor Tower Log Sheets, Monitored Haul Out Load Tickets/Tipping Tickets, Sales Receipts (if warranted); disposal locations permits/name, addresse s, contact information 9. Monitor Geo-locate, Review/inspection prior to work 10. TDMS Closeout Report THE REMAINDER OF THIS PAGE IS BLANK. Page 8 of 9 110419a HCBOC Page 109 Southern Disaster Recove,v FEMA PROGRAM ASSISTANCE COORDINATION SD R's FEMA Program Director can set up and coordinate necessary meetings. The Program Director will meet with the entity to review and/or update existing information that may be required for FEMA reimbursement submittals, and detail item checklists required for each FEMA categories A and B. Preliminary Damage Assessment State/Territory/Tribe submits Declaration request (within 30 days of incident) Presidential Declaration APPLICANT COLLABORATION Recipient conducts Applicant Briefings Applicants submit Requests for Public Assistance (within 30 days of Declaration) FEMA approves Applicant RPAs FEMA conducts Kickoff Meeting (within 21 days of RPA approval) SUBAWARD FORMULATION Applicant identifies and reports all damage (within 60 days of Kickoff Meeting) Develop project Scope of Work and costs FEMA and Recipient conduct Exit Briefing SDR's Program Assistance will include the following: SUBAWARD FUNDING FEMA obligates funds to Recipient Subrecipient completes work and requests Closeout of its project(s) Recipient certifies completion (within 180 days of project completion) and FEMA closes project(s) FEMA closes the Subrecipient FEMA closes the Disaster PA Program Award • Coordination with the entity to submit an official request for State assistance and FEMA inspection. • Local government representation: SDR can train and assist the entity's personnel with submittal forms for force labor accounts and equipment inventory data sheets. • Evaluation of the entity's FEMA Project Worksheet (PW) for accurate scope of work and unit costs. • Recovery process documentation: SOR can assist the entity in formulating a plan to process all daily logs, tickets from the field/contractor, and enter data of the recovery process . Perform daily and/or weekly ticket reconciliation , and final reconciliation of debris removal ticket ledgers and disposal ledgers (TOMS to final disposal), per FEMA requirements. Provide FEMA Category A submitta ls, including final inspection reports. • Examination of project documentation for consistency, compliance, and completeness. Assist with submissio n of Requests for Payment, if necessary. • Recommendations to entity representatives for reimbursement tasks. • Negotiation assistance with state and/or federal entities, if ne eded. Verification of work-item tasks completion for FEMA Category A-B for contract closeout. THE REMAINDER OF THIS PAGE IS BLANK. Page 9 of 9 110419a HCBOC Page 110 Southam Disaster Recovery TAB 5 • PAST PERFORMANCE 109 White Oak Rd. Greenville, SC 29609 I Office 864-469-9776 I Fax 864-469-9642 www.southerndr.com 110419a HCBOC Page 111 Southern Disaster Recovery PAST PERFORMANCE SUMMARIES: 2014 -2019 2018 -Hurricanes Michael & Florence: Hurricane's Michael and Florence ravaged the Southeastern and Gulf Coasts. As the Prime Contractor for several debris removal projects, Southern Disaster Recovery (SOR) managed eleven contracts in North Carolina and South Carolina. We successfully processed over 248,200 cubic yards of Vegetative and C&D debris valued at over $5.2 million while also simultaneously performing debris remova l as a result of the catastrophic California wildfires that has continued into 2019 . 2017 -Hurricane Irma: Southern Disaster Recovery (SOR) managed multiple vegetative and C&O debris removal contracts resulting from Hurricane Irma. In Georgia, we were the prime contractor on five debris removal contracts and operated as the prime-sub on eight contracts in Flor ida and Georgia . In total, SOR processed over 1,500,000 cubic yards of Vegetative and C&D debris on contracts totaling $18.7 million. Outside of debris recovery and removal, SOR completed a Florida beach berm restoration proj ect hauling over 317,000 tons of sand with a total contract valued at over $7.5 million. After a disa s ter, your full economic re covery is our priorit y! 2016 -Hurricane Matthew: Hurricane Matthew affected the coasts of Georgia, South Carolina, and North Caro lin a in October 2016 . SOR managed multiple vegetative and C&O debris removal contracts in eight SCOOT Counties; Hunting Island, SC; the town of Summerville; the city of Lumberton, NC; and seven GDOT Counties . We processed over 1,000,000 cubic yard s of Vegetat ive and C&D debri s on contracts totaling $16.5 million . 2015 -Historic SC Flooding: Se vere flooding caused catastrophic damage in South Carolina during 2015. SOR managed debris removal contracts for C&D debris on state SCOOT roads in Horry and Georgetown counties, Georgetown County ro ads, and roads within the city of Georgetown, SC. 2015-2016 -Butte Wildfires, California : Following wildfires along utility lines in San Andreas, California, SOR was contracted to do a $3.5 million tree removal project employing and managing up to 100 laborers comprising 25 work crews . 2014 -Winter Storm Pax: SOR sim ultaneo u sl y directed debris removal and hauling operations for seven different contracts in four South Carolina co unties, including county and SCOOT ma intained roads, school and cou nty properties, and public service authority rights-of-way as well as creek debris removal. In total, w e collected and process ed over 2,000,000 cubic yards of debris valued at over $48 million. 109 White Oak Rd . Greenville, SC 29609 I Office 864-469-9776 I Fax 864-469-9642 www .s outherndr .com 110419a HCBOC Page 112 COMPLETED PROJECTS: 2012 -2019 Year Stop Date Job Name and Description Owner State Prime Or Sub Contract Total CY Status Completed Start Date Amount 2019 8128/2018 4119!2019 Bradford Co, FL· Creek Debris Removal Bradford County Florida Prime Contractor $ 2,557,000 500 tons Completed 2018 11/2/2018 12/19/2018 Hunicane Florence: Beaufort Co, NC • Debris Removal Beaufort County North Carolina Prime Contractor $ 178,700 18,700 Completed 2018 9/30/2018 1/23/2019 Hunicane Florence: Pamlico • Debris Removal NC DOT North Carolina Prime Contractor $ 3,294,000 111,900 Completed 2018 10/1/2018 12/6/2018 Hun1cane Florence: City of Gofdboro, NC • Debris Removal City of Goldsboro North Carolina Prime Contractor $ 370,000 45,100 Completed 2018 1115/2018 11/17/2018 Hunicane Florence: Craven • Debris Removal NC DOT North Carolina Prime Contractor $ 941,000 39,000 Completed 2018 11/3/2018 11/7/2018 Hunicane Michael: Kitty Hawk. NC· Debris Removal Kitty Hawk North Carolina Prime Contractor $ 38,000 3,400 Completed 2018 10/29/2018 11/2!2018 Hurricane Michael: Town ot Duck, NC -Debris Removal Town of Duck North Carolina Prime Contractor $ 22,100 2,000 Completed 2018 10/18/2018 10/29/2018 Hunicane Michael: Kill Devil Hills, NC • Debris Removal Kill Devil Hills North Carolina Prime Contractor $ 111,800 10,400 Completed 2018 1012/2018 10/27/2018 Hunicane Florence: Marion • Debris Removal SCOOT South Carolina Prime Contractor $ 163,000 8,000 Completed 2018 10/9/2018 10/19/2018 Hurricane Florence: Chesterlield • Deblis Removal SCOOT South Carolina Prime Contractor s 24,000 800 Completed 2018 10/10/2018 10117/2018 Hunicane Florence: Town of Bogue, NC· Debris Removal Town of Bogue North Carolina Prime Contractor $ 62,200 8,900 Completed 2018 1214/2017 5/30/2018 Brevard Beach Berm Restoration Project Brevard County Florida Prime Contractor $ 7,554,000 235,400 (sand) Completed 2018 3/10/2017 :.'2612018 Seagrape Trail Beach Berm Restoration Project HOAs: Baytree. Sea Colony, Florida Prime Contractor $ 250,000 6.100 (sand) Completed Sea Oaks 2018 1213/2017 212512018 Hunicane Irma: Banks Co, GA· Debris Removal Banks County Georgia Prime Contractor $ 1,086,000 27,100 Completed 2018 10/12/2017 2/23/2018 Hurricane Irma: Macon Bibb, GA-Debris Removal Macon-Bibb County Georgia Prime Contractor s 1,924,000 96,800 Completed 2018 9119!2017 2/13/2018 Hunicane Irma: Nassau Co, FL-Oebris Removal Crowder Gulf Florida Sub Contractor $ 2.639,000 206,000 Completed 2018 9/1612017 2111/2018 Hunicane Irma: Clav Co, FL -Debris Removal Crowder Gulf Florida Sub Contractor $ 4,383,000 423,600 Completed 2018 10/2/2017 2/10/2018 Hurricane Irma: Lumpkin Co, GA-Debris Removal Lumpkin County Georgia Prime Contractor $ 944,000 35,200 Completed 2018 11/14!2017 2/212018 Hunicane Irma: Putnam Co, FL-Debris Removal Crowder Gulf Florida Sub Contractor $ 3,199,000 315,000 Completed 2018 11/10/2017 1/1312018 Hunicane Irma: Forsyth Co, GA-Debris Removal Forsv1h County Georgia Prime Contractor $ 92.000 7.200 Completed 2017 9/24/2017 12/10/2017 Hunicane Irma: City of Deltona, FL • Debris Removal Crowder Gulf Florida Sub Contractor $ 2,853,000 274,900 Completed 2017 10/8/2017 12/1012017 Hurricane Irma: DeSoto County, FL -Site Mngmt Crowder Gulf Florida Sub Contractor $ 530,000 78,900 Completed 2017 10/1612017 12/3/2017 Hurricane Irma: White, GA -Debris Removal White County Georgia Prime Contractor $ 111,000 8,900 Completed 2017 10/5/2017 11121!2017 Humcane Irma: City of Palmetto, FL -Debris Removal Crowder Gulf Florida Sub Contractor $ 184,000 17,700 Completed 2017 10/812017 11/19/2017 Hunicane lrma:Citv of Arcadia, FL • Site Mnamt Crowder Gulf Florida Sub Contractor $ 42,000 34,700 Completed 2017 10/612017 11/8/2017 Hunicane Irma: City of Miami. FL. Debris Removal Cro'WderGulf Florida Sub Contractor $ 441,000 14.400 Completed 2017 10/1/2017 11/:.'2017 Humcane Irma: City of St. Marys, GA-Oebns Removal Barnett Southern Georgia Sub Contractor $ 286.400 25,700 Completed 2017 9118/2017 1013/2017 Hunicane Irma: Citv of Sarasota, FL-Debris Removal Ceres Enllironmental Florida Sub Contractor $ 36,000 4,300 Completed 2017 6/3012017 71712017 Citv of Pembroke, GA -Tree Clearing Pembroke, GA GeorQia Prime Contractor $ 99,000 836 trees Completed 2017 411/2017 41912017 Hurricane Matthew: HuntillQ Island, SC -Debris Removal South Carolina Parks & Rec South Carolina Prime Contractor $ 748,000 NIA Comoleted 2017 3/3112017 4/2/2017 Hurricane Matthew: Branttev Countv, GA -Debris Grindina Branttev Countv Georgia Prime Contractor $ 79,000 28.500 Comoleted 2017 2/28/2017 3119/2017 Hunicane Matthew: Evans County, GA -Debris Burning Evans County Georgia Prime Contractor $ 40,000 26.700 Completed 2017 3/612017 3119/2017 Hurricane Matthew: SCOOT Bambero -Debris Grindina Soulh Carolina DOT South Carolina Prime Contractor $ 9,000 1,700 Comoleted 2017 1/30/2017 2/2612017 Hunicane Matthew: GDOT Screven -Debris Removal Georoia DOT Geori:ila Prime Contractor $ 123,000 10,200 Comoleted 2017 2/412017 2/2612017 GA Tornadoes: Thomas Countv, GA -Debris Removal Thomas County Georaia Prime Contractor s 106,000 12,200 Comoleted 110419a HCBOC Page 113 COMPLETED PROJECTS: 2012 -2019 2017 11/1812016 2/12/2017 Hurricane Matthew: GOOT Biyan -Debris Removal Georgia DOT Georgia Prime Contractor $ 376,000 23,500 Completed 2017 11/10/2016 2/12/2017 Hurricane Matthew: GDOT EffinQham -Debris Removal Geol'Qia DOT Georoia Prime Contractor $ 192,000 11,200 Comcleted 2017 11/2912016 '217/2017 Hurricane Matthew: GDOT Bulloch -Debris Removal Georaia DOT Geornia Prime Contractor $ 731,000 53,300 Comcleted 2017 11/1012016 2/6/2017 Hurricane Matthew: Citv of Lumberton, NC -Debris Removal Lumberton, NC North Carolina Prime Contractor $ 930,000 29,000 Completed 2017 10/27/2016 2/312017 Hurricane Matthew: Efflnnham Countv, GA -Debris Removal Effinoham Countv Geornia Prime Contractor $ 274,000 13,700 Comoleted 2017 10/13/2016 1130/2017 Hurricane Matthew: SCOOT Georoetown -Debris Removal South Carolina DOT South Carolina Prime Contractor $ 4,523,000 284,200 Comoleted 2017 12/14/2016 1/2912017 Hurricane Matthew: SCOOT Jasper -Debris Removal Ceres Environmental South Carolina Sub Contractor $ 361,000 36,300 Completed 2017 10/27/2016 1/29/2017 Hurricane Matthew: SCOOT Lee -Debris Removal South Carolina DOT South Carolina Prime Contractor $ 310,000 17,000 Comoleted 2017 10/1512016 1/25/2017 Hurricane Matthew: SCOOT Marion -Debris Removal South Carolina DOT South Carolina Prime Contractor $ 3,799,000 251,000 Comoleted 2017 11/22/2016 1/25/2017 Hurricane Matthew: GOOT Evans -Debris Removal Georala DOT Georoia Prime Contractor $ 81,000 5,700 Comnleted 2017 11/11/2016 1/2112017 Hurricane Matthew: GDOT Glvnn -Debris Removal GeoraiaDOT Georaia Prime Contractor $ 153,000 7,600 Comnleted 2017 11/612017 1120/2017 Hurricane Matthew: GDOT Camden -Debris Removal Georgia DOT Georoia Prime Contractor $ 84,000 4,300 Comnleted 2017 10/26/2016 1/19/2017 Hurricane Matthew: Hampton County, SC -Debris Removal Hampton County South Carolina Prime Contractor $ 657,000 23,700 Completed 2017 11110/2016 1/14/2017 Hurricane Matthew: SCOOT Hampton -Debris Removal Ceres Environmental South Carolina Sub Contractor $ 755,000 61,600 Comoleted 2017 10/26/2016 115/2017 Hurricane Matthew: SCOOT Berkeley -Debris Removal Ceres Environmental South Carolina Sub Contractor $ 693,000 48,400 Completed 2017 10/26/2016 111/2017 Hurricane Matthew: SCOOT Clarendon -Debris Removal South Carolina DOT South Carolina Prime Contractor $ 922,000 53,700 Comoleted 2016 10/23/2016 12131/2016 Hurricane Matthew: Pawlevs Plantation -Debris Removal Pawlevs Plantation POA South Carolina Prime Contractor $ 229.000 13,200 Comoleted 2016 10/9/2016 11/14/2016 Hurricane Matthew: Summerville, SC -Debris Removal Summerville. SC South Carolina Prime Contractor $ 468,000 44,300 Comnleted 2016 11/5/2016 11/13/2016 Hurricane Matthew: Beaufort Countv, NC -Debris Removal Beaufort Countv North Carolina Prime Contractor $ 28,000 3,700 Comnleted 2015 10/21/2015 12131/2015 SC Floodino: Geornetown Countv/DOT -Debris Removal South Carolina DOT South Carolina Prime Contractor $ 676,000 76,300 Comoleted 2015 10/21/2015 12/31/2015 SC Floodina: Horrv County/DOT -Debris Removal South Carolina DOT South Carolina Prime Contractor $ 11,000 800 Comoleted 2015 10/21/2015 12/23/2015 Butte Wildfires /CA\ -Utility Line Clearino Philips & Jordan California Prime Contractor $ 3,500,000 NIA Comcleted 2014 3/31/2014 10/312014 Allendale Countv, SC -Debris Removal Allendale Countv South Carolina Prime Contractor $ 887,000 31,500 Comcleted 2014 3/1812014 8/28/2014 SC DOT Aiken -Debris Removal JB Coxwell South Carolina Sub Contractor $ 68,000 Comoleted 2014 3/112014 8125/2014 Williamsburo Countv, SC -Debris Removal Williamsbul'<l County South Carolina Prime Contractor $ 3,965.000 L&H Comoleted 2014 6/13/2014 8/21/2014 Horse Creek Water Trail -Debris Removal Aiken Countv South Carolina Prime Contractor $ 4,510,000 50,000 Comcleted 2014 3/1/2014 8/812014 Aiken Countv, SC • Debris Removal Aiken Countv South Carolina Prime Contractor $ 25,842,000 1,433,000 Comoleted 2014 6/25/2014 7119/2014 Citv of Aiken, SC -Oebfis Removal Aiken, SC South Carolina Prime Contractor $ 173,000 NIA Comnleted 2014 1120/2014 5/20/2014 White Horse Road Demo • site clearino NAIEF South Carolina Prime Contractor $ 164,000 N/A Comoleted 2014 2/22/2014 5/13/2014 Barnwell Countv. SC-Debris Removal Barnwell Countv South Carolina Prime Contractor $ 2,792,000 80,000 Comnleted 2014 2/12/2014 4130/2014 SC DOT Barnwell -Debris Removal JB Coxwell South Carolina Sub Contractor $ 8,736.000 473,000 Comoleted 2014 311/2014 4/30/2014 Alken Counl'I School District -Debris Removal Aiken County School District South Carolina Prime Contractor $ 637,000 N/A Comoleted 2014 2/22/2014 4/14/2014 Lexinntnn Counl'I, SC -Debris Removal DRC Emef!lencv Services South Carolina Sub Contractor $ 162,000 32,400 Comoleted 2013 7125/2013 8/21/2013 North Dakota -Aaareoate HaulinQ Rock Solid Exoress North Dakota Sub Contractor $ 313,000 N/A Comnleted 2012 9/14/2012 11/912012 St. John the Baotist Parish. LA-Debris Removal DRC Emel'Qencv Services Louisana Sub Contractor $ 165,000 25,000 Comoleted 110419a HCBOC Page 114 SJ]t Past Projects References ---Total CY/ Tons Total Dollar Project Date Contact Comments Amount Name: Jeremy Stroud 2018 Hurricane Florence 9/30/2018 Title: Division 2 Maintenance Engineer Vegetative and C&D North Carolina DOT to 111,900 $ 3.3 million Phone: 252-775-06103 Debris Removal Pamlico 12/14/2018 Email: jdstroud@ncdot.gov Address: Name: David Cook 2016 Hurricane Matthew 10/15/2016 Title: SCDOT Maintenance Director Vegetative and C&D South Carolina DOT to 642,000 $ 9.5 million Phone: 803-315-8568 Debris Removal 4 Counties 03/28/2017 Email: cookdb@scdot.org Address: 955 Park St. Columbia, SC 29201 Name: Paul Matthews 2014 Ice Storm 02/13/2014 Title: EMA Director Vegetative and C&D Aiken County, SC to 1,433,000 $26 million Phone:803-642-2561 Debris Removal Aiken, SC -Roads 08/8/2014 Email: pmatthews@aikencountysc.gov Address: 1930 University PKW Suite 3000 Aiken, SC 29801 Name: Roger Riley 2014 Ice Storm 02/13/2014 Title: Director of Emergency Management Vegetative and C&D Barnwell County, SC to 1,000,000 $11.5 million Phone: 803-541-2013 Debris Removal SC DOT-Barnwell Co. 07/20/2014 Email: rriley@barnwellsc.com Address: 57 Wall St. Barnwell, SC 29812 Name: Paul Matthews Aiken Co. Facilities, School 02/13/2014 Title: EMA Director Removed and District, Public Service to 500,000 $6 million Phone: 803-642-2561 Processed Debris Authority, Horse Creek water 08/8/2014 Email: pmatthews@aikencountysc.gov Trail. Address: 1930 University PKW Suite 3000 Aiken, SC 29801 110419a HCBOC Page 115 S· __ R 2017 HURRICANE IRMA VEG & C&D DEBRIS REMOVAL 5 GA COUNTIES 8 Fl COUNTIES/CITIES CLIENT/ OWNER Various Counties and Cities in Georgia and Florida VALUE $18.7 Million PROJECT FEATURES Debris Removal Debris Management FEMA PA Reimbursement COMPLETION March 2018 REFERENCE Macon-Bi bb, GA Spencer Hawkins EM Director shawkins@maconbibb.us 478.832 .6301 Forsyth Co, GA Chris Grimes Deputy Director cggrimes@forsythco.c om 770 .205.5674 PROJECT DESCRIPTION After Hurri can e Irma in 2017, Sout hern Di sast er Reco ve ry managed debris r emoval contracts of Veget ative, C&O Debri s, as we ll as leane r and hanger removal. SOR was the prime contractor on five de bris removal contra cts in Georgia and operated as the prime sub on eight debris removal contracts in Florida and Georgia , including the Florida counties of Clay, Nassau, and Putnam, and the City of Deltona, Florida . SOR proces sed over 1,500,000 cubic yards of v egetative and C&D debris. Additionally, SOR was the prime contractor for a Florida Beach Berm Re storation project requiring over 317 ,000 tons of sand. PROJECT HIGHLIGHTS Throughout this six -month FEMA (PA) funded debris removal and disposal project , SOR utilized : • SO Bucket Trucks • 200 Self-Loaders • 4 Horizontal Grinders • 1 air curtain burner • 6 High-Tip Wheel Loaders • 3 Track Hoes • 45 80-CYO Dump Trailers 109 White Oak Rd. Greenville, SC 29609 Office 864 -469-9776 Fax 864 -469-9642 www.southerndr.com 110419a HCBOC Page 116 SDR 2016 HURRICANE MATIHEW DEBRIS, C&O REMOVAL LUMBERTON NC, TOWN OF SUMMERVILLE, SC, 8 SC DOT COUNTIES, 7 GA DOT COUNTIES CLIENT / OWNER SC OOT, GDO"f, various cou nt ies VALUE $16.5 Million PROJECT FEATURES Debris Removal Debris Managem ent FEMA PA Reimbursement COMPLETION Feb .20 1 7 REFERENCE Dav id Cook SCOOT Maintenance Director cookdb@scdot.org 803 .73 7.0676 PROJECT DESCRIPTION Following Hurricane Matthew in 2016, Southern Disaster Recovery managed debris contracts for removal of Vegetative and C&D Debris. SDR had contracts for removal in 8 SCOOT Counties, Hunting Island , SC, Town of Summerville, City of Lumberton, NC, and 7 GDOT Counties. SOR processed over 1,000,000 cubic yard s of Vegetative and C&D debris. PROJECT HIGHLIGHTS Throughout this six-month FEMA PA-funded debris collection and disposal project, SDR utilized : • 139 Bucket Trucks • 200 Self-Loaders • 3 Horizontal Grinders • 1 Air Curtain Burner • 4 High -Tip Wheel Loaders • 4 Track Hoes • 46 80-CYD Dump Trailers 109 White Oak Rd . Greenville, SC 29609 Office 864-469-9776 Fax 864-469-9642 www.southemdr.com 110419a HCBOC Page 117 2015 SC FLOOD-RELATED DEBRIS REMOVAL GEORGETOWN & HORRY COUNTIES, SC CLIENT/ OWNER Horry & Georgetown Counties, South Caro li na VALUE $687,000 PROJECT FEATURES Debris Collection/ Removal Debris Management FEMA PA Reimbursement COMPLETION Oct 21, 2015 -Dec 23, 2015 REFERENCE David Cook SCOOT Maintenance Director cookdb@scdot.org 803 .737 .0676 PROJECT DESCRIPTION In 2015 rainfall across parts of South Carol ina reached 500-year event status, resulting in over $1.2 billion in damages. The Pre sident issued a Disaster Declaration for parts of South Carolina , making aid available for the 21 counties in the state that were most severely affected . Following the Declaration, SDR was se lected by the South Carolina Department of Transportation (DOT} for removal of C&D debris from DOT and County road s in Horry and Georgetown Counties. PROJECT HIGHLIGHTS Throughout the duration of this five-month debris collection and d isposal project, SDR utilize d : • 8 Self-Loaders I 0 9 White Oak Rd . Greenville, SC 2 9609 Offi ce 864 -46 9-9776 Fax 864 -469-9 642 www.southerndr.com 110419a HCBOC Page 118 S _R 2014 ICE STORM PAX PUBLIC SERVICE FACILITIES DEBIRS REMOVAL AIKEN CO, SC Aiken County, South Carolina VALUE $3.5 Million PROJECT FEATURES Debris Removal Debri s Management FEMA PA Reimbursement COMPLETION Feb 13,2014 -Aug 8, 2014 REFERENCE Paul Matthews EMA Director pmatthews@aikencountysc .gov 803 .522 .2107 PROJECT DESCRIPTION Following the South Carolina Ice Storm in 2014, SOR was selected by Aike n County, South Carolina for debris collection and disposal at various facilities includ ing the Ai ken County School Dis trict, Pubic Service Fa cilities, and Horse Creek Water Trail. On this FEMA Public Ass istan ce (PA) funded project, SOR collected over 500,000 cubi c yards o f debris. PROJECT HIGHLIGHTS On this si x-month FEMA PA -funded project, SDR utiliz ed : • 30 Bucket Trucks • 20 Self Loaders • 2 Horizontal Grinders • 3 High-Tip Wheel Loaders • 8 Track Hoes • 25 80-CYD Dump Trailers • 1 Menzi Muck Excavator I 09 White Oak Rd. Gre envi ll e, SC 29609 Office 864-469-9776 Fax 864-469-9642 www.southerndr.com 110419a HCBOC Page 119 S_R 2014 WINTER STORM PAX DEBRIS REMOVAL AIKEN COUNTY, SC CLIENT/ OWNER Aiken Cou nty, Sou t h Carolina VALUE $26 .5 Million PROJECT FEATURES Debris Co ll ectio n / Removal Deb ris Management FEMA PA Reimbursement COMPLETION Feb 13, 2014 -Aug 8, 201 4 REFERENCE Paul M atthews Aiken County EMA Direc tor pmatthews@a ikenco unt ysc.gov 803 .642 .2561 PROJECT DESCRIPTION In mid-February 2014, a major snow and ice storm affected the United States South and East Coasts, bringing with it up to a foot of snow and crippling ice . The storm was a declared disaster for parts of South Caro lina, making aid available for the 21 counties in South Carolina that were most severely affected . As a result, SOR was selected by Aiken County, South Carolina for their debris collection and disposal. SDR collected over 1.44 million cubic yards of debris for thi s FEMA Pubic Ass i stance {PA) funded project. PROJECT HIGHLIGHTS Throughout this six -month debris collection and disposal project, SDR utilized : • 70 Bucket Tru cks • 80 Self Lo ad ers • 7 Horizontal Grinders • 8 High-Tip Wheel Loaders • 8 Track Hoes • 25 80-CYD Dump Trailers 109 White Oak Rd . Greenville, SC 29609 Office 864-469-9776 Fax 864-469-9642 www.southerndr.com 110419a HCBOC Page 120 2014 WINTER STORM PAX DEBRIS REMOVAL BARNWELL COUNTY, SC CLIENT/ OWNER Ba rnwell Cou nty, Sout h Caroli na VALUE $11 .5 M i llion PROJECT FEATURES Debri s Collection/ Removal Debris Management FEMA PA Reimburs ement COMPLETION Feb 13, 201 4 -July 20, 20 14 REFERENCE Ro ge r Ril ey rriley@bamwellsc .com 80 3.541.2013 PROJECT DESCRIPTION In mid-February 2014, a major snow and ice storm affected the United States South and East Coasts , bringing with it up to a foot of snow and crippling ice. The storm was a declared disaster for parts of South Carolina, making aid available for the 21 counties in South Carolina that were most severely affected . As a result, SDR wa s selected by Barnwell County, South Carolina for debris collection and disposal SDR collected over 1 million cubic yard s of debris for this FEMA Pubic Assistance (PA) funded project. Subsequently, th e reduced debris wa s recycled as biomass, paper, and ground cover. PROJECT HIGHLIGHTS Throughout this six -month debris collection and disposal project, SDR utilized : • 120 Bucket Trucks • 54 Self Loaders • 3 Horizontal Grinders • 3 High-Tip Wheel Loaders • 3 Tr ack Hoes • 10 80-CYD Dump Trailers 109 White Oak Rd . Greenville, SC 2 9609 Office 864-469-9776 Fax 864-469-9642 www.southerndr.c om 110419a HCBOC Page 121 Southam Dlauter Recovery TAB 6 -REASONABLENESS OF COST 109 White Oak Rd. Greenville, SC 29609 I Office 864-469-9776 I Fax 864-469-9642 www.southerndr.com 110419a HCBOC Page 122 PROPOSED FEE SCHEDULE -PART I DEBRIS REMOVAL PROCESSING AND DISPOSAL ITEM DESCRIPTION COST UNIT COST UNIT # (USO) (USD) 1 C&D Debris Removal from Public Property (Right-of-Way) and Hauling to Debris Management Site (OMS) 0-I 5 .9 miles 7.20 Cubic Yd 16-30.9 miles Cubic 7.50 Yd 31-60 miles Cubic 7.50 Yd 2 Vegetative Debris Removal from Public Property (Right-of-Way) and Hauling to Debris Management Site 0-15.9 miles Cubic 6.90 Yd 16-30.9 miles Cubic 7.25 Yd 31-60 miles Cubic 7.25 Yd 3 C&D Direct Haul to Final Disposal site from Public Property right of way (non DMS option) 0-15.9 miles Cubic Ton 7.20 Yd 65.00 16-30.9 miles Cubic Ton 7.50 Yd 89.00 31-60 miles Cubic Ton 7.50 Yd 100.00 4 Stumps greater than 24 inch diameter -Direct Haul to Final Disposal site from public property right of way (stump volume shall be calculated using FEMA approved conversion table) 0-15.9 miles Cubic Ton 6.90 Yd 65 .00 16-30.9 miles Cubic Ton 7.25 Yd 89.00 31-60 miles Cubic Ton 7.25 Yd 100.00 5 Vegetative Direct Haul to Final Disposal site from Public Property right of way (non DMS option) 0-15.9 miles Cubic Ton 6.90 Yd 65.00 16-30.9 miles Cubic Ton 7.25 Yd 89.00 31-60 miles Cubic Ton 7.25 Yd 100.00 6 Disaster deposited silt, mud or sand, hauled from the designated site to DMS or final disposal site \ 0-15.9 miles Cubic Ton 13.00 Yd 115.00 110419a HCBOC Page 123 16-30.9 miles Cubic Ton 18.00 Yd 125.00 31-60 miles Cubic Ton 20.00 Yd 135.00 7 Re-Haul of C&D or reduced vegetative material of previously documented Debris from OMS to final disposal site 0 -15.9 miles Cubic Ton 3.90 Yd 65.00 16 -30.9 miles Cubic Ton 4.50 Yd 89.00 31 -60.9 miles Cubic Ton 6.00 Yd 100.00 61 -119.9 miles Cubic Ton 9.00 Yd 120.00 120 -150 miles Cubic Ton 14.00 Yd 135.00 8 Cutting of standing tree determined by Owner to be hazardous (Cutting only) 6 -11.99 inch diameter 65.00 tree 12 -23.99 inch diameter 150.00 tree 24 -35.99 inch diameter 300 .00 tree 36 -47.99 inch diameter 450.00 tree 48 inch diameter and greater 575.00 tree 9 Cutting and/or removal of Dangerous Hazardous Limbs from tree (must be greater than 2" to be eligible) (cutting only). 1 to 2 limbs 65.00 tree 3 to 4 limbs 75.00 tree 5 or more limbs 90.00 tree 10 Cutting fallen trees on public right of way (if extending from private property, tree tree is cut from ooint of entry to ROW) 95.00 11 Hazardous Stump Extraction. Each stump to be measured 2 feet from mean ground level. This item is for extraction and backfilling stump root ball holes with suitable soil material fee only, for hauling purposes, stumps will be converted to cubic yard measurement and haul under vegetative rate >24 -35.99 inch diameter each 140.00 >36 -48 inch diameter 315.00 each > 48 inch diameter 475.00 each 12 Collection, hauling and final disposition of eligible White Goods including but each not limited to refrigerators, stoves, water heaters, washer, dryer, etc. 30.00 13 Staging collection and hauling to Owner designated solid waste facility of ton Refrigerator Contents or spoiled food 75.00 14 Comprehensive Management of OMS and material handling. Includes, loading 2.00 Per of debris, sorting, segregation, preparation for re-haul, and special equipment Cubic for handling materials. Includes site preparation, roadway construction at site, Yd traffic control, security, inspection tower construction as needed, and site reclamation/restoration to original state. 15 Reduction of OMS Materials by Grinding 2.95 Per 110419a HCBOC Page 124 -Cubic Yd 16 Reduction of OMS Materials by Incineration 2 .35 Per Cubic Yd 17 Load and Haul of storm deposited soils (silt, sand or mud) 13.00 Per 115.00 Ton Cubic Yd 18 Clearing debris from ditches and drainage canals 1 foot to 10 feet (average width) 5 .50 per linear ft. 10.1 to 20 feet (average width) 8.50 per linear ft. 20.1 to 35 feet (average width) 9.75 per linear ft. Greater than 35 feet (average width) 11.50 per linear ft . 19 Collection, hauling, and final disposal of dead animal carcasses. 2.00 per lb. Private property debris removal (right of entry work) upon private property , if authorized by I 1 FEMA as eligible , will be done according to the rates listed herein. Contractor shall engage in PPDR work only with a written right of entry document executed by the private property owner. 110419a HCBOC Page 125 PROPOSED FEE SCHEDULE -PART II Phase 1 (Emergency Road Clearance only) EQUIPMENT AND LABOR RATES ITEM DESCRIPTION 1. 153-200hp Wheel Loader with debris grapple 2. 201-250hp Wheel Loader with debris grapple 3. Extendaboom Forklift with debris grapple 4. 36-65hp Skid Steer Loader with debris grapple 5. 36-65hp Skid Steer Loader with bucket 6. 36-65hp Skid Steer Loader with street sweeper 7. 30-50 H Farm Tractor with box blade or rake 8. 2 -2 Yz cu. yd. Articulated Loader with bucket 9. 3 -4 cu. yd. Articulated Loader with bucket 10. 170hp Log Skidder or equivalent · 1 .. 76-105 hp Dozer 12.106-160 HP Dozer 13.161-250 HP Dozer 14.251-360 HP Dozer 15.361-565 HP Dozer 16. 566-850 HP Dozer 17. 125 -140 HP Motor Grader 18.91-160 HP Trackhoe with debris grapple 19.91-160 HP Trackhoe with bucket and thumb 20. Rubber Tired Excavator with debris grapple 21. 71-95 HP Rubber Tired Backhoe with bucket and hoe 22.Rubber Tired Excavator with debris grapple 23.Knuckleboom with debris grapple 24.366-475 HP Self-Loader Scraper 25 . Hand -Fed Debris Chipper 26.300 -400 HP Tub Grinder ?7.800 -1000 HP Tub Grinder HOURLY PRICE $ 135 .00 $ 145.00 $ 85 .00 $ 85 .00 $ 95 .00 $ 65.00 $ 55.00 $ 110.00 $ 125.00 $ 95 .00 $ 65.00 $ 70.00 $ 75.00 $80.00 $ 95.00 $110 .00 $ 85 .00 $145.00 $145 .00 $125.00 $ 100.00 $ 125.00 $150.00 $ 105 .00 $ 50.00 $495.00 $ 650.00 110419a HCBOC Page 126 .i.30 Ton Crane 29.50 Ton Crane 30.100 Ton Crane (8 hour minimum) 31.40 -60' Bucket Truck 32.Greater than 60' Bucket Truck 33.Fuel/ Service Truck 34. Water Truck 35.Portable Light Plant 36.Lowboy Trailer with Tractor 37.Flatbed Truck 38.Pick-up Truck (unmanned) 39.Self-Loading Dump Truck with debris grapple 40.Single Axel Dump Truck, 5 -12 cu. yd. 41.Tandem Axle Dump Truck, 16 -20 cu. yd. 42.Tandem Axle Dump Truck, 21-30 cu. yd. 43.Tandem Axle Dump Truck, 31-50 cu. yd. l.Tandem Axle Dump Truck, 51-80 cu. yd. 45.Power Screen 46.Stacking Conveyor 47.Chainsaw 48.Air Curtain Incinerator, self-contained 49.Temporary Office Trailer SO.Mobile Command and Communications Trailer 1\11 equipment rates include the cost of the operator, fuel and maintenance. $ 95 .00 $ 145.00 $ 295.00 $ 90.00 $ 100.00 $ 55.00 $ 55.00 $ 40.00 $ 125.00 $45.00 $ 25.00 $ 135.00 $ 50.00 $ 55.00 $ 60.00 $65.00 $ 85.00 $100.00 $65.00 $ 35.00 $ 55.00 $ 30.00 $ 30.00 110419a HCBOC Page 127 Board Meeting Agenda Item Agenda Item 4-H MEETING DATE : November 4, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: North Carolina Department of Public Safety Emergency Management Division 2019 EMPG (Emergency Management Performance Grant) award acceptance REQUESTED BY: Larry Smith, Emergency Services .Director REQUEST: Hamett County Emergency Services request permission to accept the grant award from the North Carolina Department of Public Safety Emergency Management Division for the 2019 EMPG (Emergency Management Performance Grant) in the amount of$35,000.00. This grant funding will be used to upgrade an existing Emergency Management vehicle. The new vehicle will be a diesel 314 ton pickup assigned to the Emergency Management division and provide daily support and hauling of our fleet of equipment trailers as well as provide back-up towing capabilities for the mobile command post. We currently do not have any capabilities to haul our large trailer based mobile command post if the current prime mover is out of service for any reason. The current 2014 Ford F-150 Emergency Management vehicle that is being upgraded will be transferred to the Fire Marshal division to replace a 2006 Chevrolet Tahoe with 175,000 mile s. All expenses will be covered by EMPG Grant funding, no county match/funds are being requested for this vehicle purchase . FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\bstancil\Desktop\agendafonn20 I 9 -20 I 9 EMPG Grant.docx I of2 Page 110419a HCBOC Page 128 DocuSign EnveDPS5W?J ?i!9AN~;th55C8 ~ 8 ;~lina Department of Public Safety ~~ Emergency Management Roy Cooper, Governor Erik A. Hooks, Secretary Michael A. Sprayberry, Director Emergency Management Performance Grant Program (EMPG) Fiscal Year 2019 Zach Shean Hamett County 1005 Edwards Brothers Drive Lillington , NC 27546- CFDA#: 97.042 Grant#: EMA-20 I 9-EP-00002 SUBA WARD NOTIFfCA TION Period of Performance: October 1, 2019 to September 30, 2022 Project Title: EMPG Projects Total Amount of Award: $35,000.00 MOA#: 19042 North Carolina Emergency Management (NCEM) is pleased to inform you that the federal Fiscal Year (FY) 2019 Emergency Management Perfonnance Grant Program (EMPG) has been approved for funding. In accordance with the provisions of FY 2019 EMPG award, NCEM hereby awards to the foregoing subrecipient a grant in the amount shown above. Payment of Funds: The grant shall be effective upon final approval by NCEM of the grant budget and program narrative and the execution of the forthcoming Memorandum of Agreement. Grant funds will be disbursed (according to the approved project budget) upon receipt of evidence that funds have been invoiced and products received and/or that funds have been expended (i.e., invoices, contracts, itemized expenses, etc.). Conditions: The subrecipient shall understand and agree that funds will only be expended for those projects outlined in the funding amounts as individually listed above . Subrecipient s hall also certify the understanding and agreement to comply with the general and fiscal terms and conditions of the grant including special conditions; to comply with provisions of th e 2 CFR 200 and all applicable laws governing these funds and all other federa l, state and loca l laws; that all information is correct; that there ha s been appropriate coordination with affected agencies; that subrecipient is duly authorized to commit the applicant to these requirements; that costs incurred prior to grant application approval will r esult in the expenses being absorbed by the subrecipient; and that all agencies involved with this project understand that federal funds are limited to the period ofperfonnance. Subrecipient must read and s ign forthcoming Memorandum of Agreement for acceptance of the award. For projects involving construction or the installation of eguipment: Prior to funds being expended from this award the su brec ipient must complete and submit an Environmental Planning and Hi stori cal Preservation fonn to NCEM for approval. On receipt of the approval letter from NCEM the su brecipient may begin to ex p end grant funds. Supplanting: The subrecipients confirm that sub-grant funds will not be used to s upplant or repla ce local or state funds or other resources that would otherwise hav e been available for homeland security activities. In compliance with that mandate, the su brecipient will certify that the receipt of federal funds through NCEM shall in no way supplant or r epla ce state or local funds or other resources that would have been made available for homeland security activities. GRANT AW ARD NOTICE: THIS A WARD IS SUBJECT TO THE GRANT SPECIAL C ONDITIONS AND FfNAL APPROVAL BY THE DEPARTMENT OF PUBLIC SAFETY, NORTH CAROLINA EMERGENCY MANAGEMENT GRANT PROGRAM BUDGET AND NARRATIVE MAILING ADDRESS 4236 Mail Service Center Ral e igh NC 27699-4236 www.readync.org www .ncdps.gov An Equal Opportunity employer OFFICE LOCATION 1636 Gold Star Drive Ralei gh, NC 27607-3371 Telephone: (919) 825-2500 Fa x: (919) 825 -2685 110419a HCBOC Page 129 DocuSign Envelope ID: F70253F3-74F1-4AD5-A668-DC55D786B748 fficial Use Only "'511" ~ North Carolina Department of Public Safety l:)lliS~ Emergency Management Roy Cooper, Governor Michael A. Sprayberry, Director Erik A. Hooks, Secretary Emergency Management Performance Grant (EMPG) Recipient: State of North Carolina Department of Public Safety Emergency Management MOA #: 19042 Period of performance: October I, 2019 to September 30, 2022 DPS fund code: 1500-80 l 6-3HD9 I. Purpose Fiscal Year 2019 CFDA #: 97.042 Grant#: EMA-2019-EP-00002 Memorandum of Agreement (MOA) between Subrecipient: Hamett County Tax ID/EIN #: 566000306 Duns #: 091565986 A ward amount: Universal Federal $ 35,000.00 State $ 0.00 Local $ 0.00 Total $ 35,000.00 SatCom TBD TBD TBD TBD Optional TBD TBD TBD TBD The purpose of this Memorandum of Agreement (MOA) is to establish responsibilities and procedures to implement the terms of the US Department of Homeland Security (DHS) EMPG Grant Program. A copy of the complete Federal grant instructions is available at www.fema.gov. This agreement is to set forth terms by which the State of North Carolina, Department of Public Safety, North Carolina Emergency Management (Recipient), shall provide EMPG funding to the Subrecipient to fund projects rel ated to Homeland Security Planning, Operations, Equipment purchases, Training and Exercises. For a more detailed description of the approved Scope of Work pl ease see Attachment I . 2. Program Authorization and Regulations This Agreement is authorized under the provisions of ( l) Department of Homeland Security Appropriations Act, 2019 (Pub. L. No. 116-6); (2) The 9/11 Commission Act of2007; (3) Public Law 107-56, (6 U.S .C. § IOI et seq.), the USA Patriot Act of2001 ;(4) Public Law 107-296 as amended, the Homeland Security Act of2002; (5) Public Law 109-295, The Post-Katrina Emergency Management Reform Act of 2006, 6 U.S.C. 752(c); (6) the implementing recommendations or regulations of each Act or Law, if any; (7) the FY 2019 EMPG Notice of Funding Opportunity Announcement (NOFOA) available at www .fema.gov (8) applicable Grants Programs Directorate (GPD) Information Bulletins available at www.fema.gov; and (9) the NC Emergency Management Act, Chapter 166A of the North Carolina General Statutes. The funds awarded under this grant must be used in compliance with all applicable state and federal laws to include compli ance with N.C.G.S. §143 C-6-23 and 09 NCAC 03M. By accepting this award, the Subrecipient agrees to use these funds in a manner consistent with state laws and regulations. 3. Compensation Recipient agrees that it will pay the Subrecipient complete and total compensation for the serv ices to be rendered by the. The original signed copy of this Award and MOA must be s igned by the Official(s) authorized to sign below and returned to North Carolina Emergency Management no later than 45 days after award date. The grant shall be effective upon return of the executed Grant Award and MOA and final approval by North Carolina Emergency Management of the grant budget and program narrative. Grant funds will be disbursed (according to the approved project budget) upon receipt of evidence that funds have been invoiced and products received and/or that funds have been expended (i .e., invoices, contracts, itemized expenses, etc.) and/or that all work activities are completed. EMPGMOA2019 lofl3 110419a HCBOC Page 130 DocuSign Envelope ID : F7D253F3-74F1-4AD5-A668-DC55D786B748 fficial Use Only Subrecipients must meet all reimbursement requirements contained herein . Non-compliance may result in denial of reimbursement request(s) or revocation of equipment and/or grant funds awarded for this project. 4. Funding Eligibility Criteria Federal funds administered through the State are available to local governments to assist in the cost of developing and maintaining a comprehensive all-hazards emergency preparedness program. Continued EMPG funding is contingent upon completion of all EMPG funding requirements. The following eligibility criteria must be adhered to during the Grant Program: A. Every participant must: • Be established as a State, Local, or Non-Profit agency by appropriate resolution/ordinance. • Complete any procurement(s) and expenditures no later than September 30, 2022 . • Provide quarterly progress reports into WebEOC for NCEM Grants Managers, Training and Exercise Officer(s), and Field Branch Staff, as applicable using the latest Grant Quarterly Report form by the following dates: January 15 11\ April 15th, July ) 5th and October 15th_ • Match Requirement: FY 2019 EMPG funding to locals requires a match requirement of 50% Local (Subrecipient). Every federal dollar received requires the Subrecipient to match dollar for dollar. There are two forms of matching sources, cash match and in-kind match. Cash match includes cash spent for project- related costs, e.g. salaries of emergency management positions . In-kind match includes, but is not limited to, the valuation of in-kind services. "In-kind" is the value of something received or provided that does not have a cost associated with it. For example , if in-kind match is permitted by law, then the value of donated services could be used to comply with the match requirement. The match funding source for EMPG cannot be matched to any other federal grants . The Subrecipient will identify to the Recipient the match source on their application for EMPG funds. Recipients of EMPG funding can review the FY 20 I 9 EMPG program Notice Of Funding Opportunity(NOFO), section D, Funding Restrictions for additional guidance. The program guidance is available at http://www.fema.gov/governrnent/grant/index .shtm or http://www.fema.gov/govemment/grant/empg/. Contact your NC Emergency Management Area Coordinator for assistance. • Upload all activity deliverables into WebEOC for review and approval for Universal and Optional activities. • The county must have a full-time or part-time (at least 50%) Emergency Management Program Director. B. File Retention: Subrecipient is required to maintain records and (invoices) of this grant for three years after termination of the grant, or audit if required , or longer where required by law , as outlined below, attached and incorporated by reference . Recipient must meet the financial administration requirements in 2 CFR Part 200 and must maintain a file for each EMPG grant award. The files must be available for review by North Carolina Emergency Management staff for site visits, project closeout and future audits. However, if a litigation, claim or audit has been initiated prior to the expiration of the three-year period and extends beyond the five-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The following files must be available for review by North Carolina Emergency Management staff for site visits, project closeout and future audits: • SubrecipientResolution/ordinance establishing Subrecipient a State, Local, or Non-Profit agency • Grant award and memorandum of agreement/memorandum of understanding and supporting appendices • Completed appropriate report forms with specifications , solicitations, competitive bids, quotes or proposals, basis for selection decisions, purchase orders, contracts, invoices and proof(s) of payment, all expenditure backup documentation, cost/price analyses on file for review by Federal and State personnel , if applicable . • Other documents required by Federal regulations applicable at the time a grant is awarded. o Non-Federal entities should keep detailed records of all transactions involving the grant. FEMA may at any time request copies of purchasing documentation along with copies of cancelled checks for verification. EMPG MOA 2019 2 of 13 110419a HCBOC Page 131 DocuSign Envelope ID : F7D253F3-7 4 F1-4AD5-A668-DC55D786B7 48 fficial Use Only Non-Federal entities who fail to fully document all purchases will find their expenditures questioned and subsequently disallowed. • Audit findings and corrective action plans • Equipment inventory records with photo documentation of required inventory labeling C. The political subdivision must have an acceptable local travel regulation plan or accept the state travel regulations. 5. Conditions The Subrecipient certifies that it understands and agrees that funds will only be expended for those projects outlined in the funding amounts as individually listed in the FY 2019 EMPG Application Packet, incorporated by reference herein. The Recipient certifies that it understands and agrees to comply with the general and fiscal tenns and conditions of the grant including special conditions; to comply with provisions of the applicable laws, rules and policies governing these funds; that all information is correct; that there has been appropriate coordination with affected agencies; that it is duly authorized to commit the Subrecipient to these requirements; that costs incurred prior to grant application approval will result in the expenses being absorbed by the Subrecipient; and that all agencies involved with this project understand that all Federal funds are limited to the Federal period of performance. 6. Supplantation Subrecipients are required to provide assurance that grant funds will not be used to supplant or replace local or state funds or other resources that would otherwise have been available for EMPG activities . 7. Compliance Subrecipient shall comply with the applicable statutes, ordinances, regulations, licensing requirements, policies, guidelines and requirements, reporting requirements and certifications and other regulatory matters that are applicable to the conduct of its business and purchase requirements performed under this MOA, including those of Federal requirements and State and local agencies having appropriate jurisdiction and found in the applicable FY 20 I 9 EMPG NOFO announcement. Subrecipient shall be wholly responsible for the purchases to be made under this MOA and for the supervision of its employees and assistants. Failure to comply with the specified conditions of this MOA will result in the return of funds and/or items to North Carolina Emergency Management. 8. Responsibilities Recipient: A. The Recipient shall provide funding to the Subrecipient to perform the work activities as described herein. B. The Recipient shall conduct a review of the project to ensure that it is in accordance with EMPG requirements. C. The Federal award date is September I, 2019. Funds allocated for the performance of the work activities must be encumbered, work completed, and invoices received by the North Carolina, Department of Public Safety, and North Carolina Emergency Management by September 30, 2022. D. The Recipient shall directly monitor the completion of this project. Subrecipient: A. The Subrecipient shall expend FY 2019 EMPG Grant Program funds in accordance with the applicable OHS and EMPG NOFO announcement, the Grant Application Package, and the Grant A ward and Special Conditions documents, incorporated by reference herein, of this MOA for the performance of the work activities . B. The Subrecipient shall utilize State of North Carolina and/or local procurement policies and procedures for the expenditure of funds, and conform to applicable State and Federal law and the standards identified in the Procurement Standards Sections of 44 Code of Federal Regulations (CFR) 2 CFR Part 200 . Subrecipient must follow procurement procedures and policies as outlined in the applicable OHS and EMPG NOFO announcement and the OHS Financial Management Guide . Subrecipient shall comply with all applicable laws, regulations and program guidance. Subrecipient must comply with the most recent version of the funding administrative requirements, cost principles, and audit requirements. Administrative and procurement practices must conform to applicable Federal requirements. A non-exclusive list of regulations commonly applicable to OHS grants are listed below, codified in the following guidance: 2 CFR 215; 2 CFR Parts 225, 220, and 230; 15 CFR Part 24; Federal Acquisition Regulations (FAR), Part 31.2; and 2 CFR 200 Sub-part F and 44 CFR Part 14; 28 CFR Part 23 "Criminal EMPG MOA 2019 3 of 13 110419a HCBOC Page 132 DocuSign Envelope ID : F7D253F3-74F1-4AD5-A6 68-DC55D786B748 fficial Use Only Intelligence Systems Operating Policies"; 49 CFR Part l 520 "Sensitive Security Information"; Public Law l 07- 296, The Critical Infrastructure Act of2002; Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000 et. seq.; Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et. seq; Section 504 of the Rehabilitation Act of l 973, as amended, 29 U.S.C. 794; The Age Discrimination Act of l 975, as amended, 20 U.S.C. 610 l et. seq.; Cash Management Improvement Act (CMIA) and its implementing regulations at 31 CFR Part 205; FEMA Grant Programs Directorate, Grants Management Division, Match Guidance; Certifications and Assurances regarding Lobbying 31 U.S.C. 1352, Drug-Free Workplace Act, as amended, 41 U.S.C. 701 et. seq. and Certification Regarding Drug-Free Workplace Requirements, Debarment and Suspension Executive Orders 12549 and 12689 and 44 CFR Part 17 and Certification Regarding Debarment , Suspension and Other Responsibility Matters; Assurances as listed in SF 424B and SF 424D, 28 CFR Parts 66, 67, 69, 70 and 83; 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and 200.316; and Grant Award and Special Conditions documents. C. Complete all Universal and six or more Optional work activities as identified in the FY 2019 EMPG Local Activity Directory which is a part of the FY 20 l 9 EMPG application packet, incorporated by reference herein. Upload all completed activity deliverables into WebEOC for review and approval for Universal and Optional activities not later than December 3 l, 2019. D. Comply with the applicable Federal statutes, regulations, policies, guidelines and requirements, reporting requirements and certifications as outlined in the applicable FY 2019 EMPG NOFO announcement and Grant Award and Special Conditions documents. E. Complete the procurement(s) process not later than September 30, 2022. F. Submit invoice(s), proof-of-payment, titles, licenses, registrations, and/or any documents pertaining to purchased equipment to NCEM Grants Management Branch. G. Provide a list at project completion phase to the area coordinator and/or Branch Manager of all items purchased through the grant. H. Comply with the applicable federal statutes, regulations, policies, guidelines and requirements, reporting requirements and certifications as outlined in the applicable EMPG NOFO announcement, Grant A ward and Special Conditions documents. I. Comply with current Federal laws, suspension and debarment regulations pursuant to 2 CFR 200 Sub-part F and 0MB which states in pertinent part that "effective November 26, 2003 , when a non-Federal entity enters into a covered transaction with an entity at a lower tier, the non-Federal entity must verify that the entity is not suspended or debarred or otherwise excluded. Subrecipient shall be responsible to ensure that it has checked the Federal System for Awards Management (SAM) https ://www .sam.gov/portal/public/SAM/ and the State Debarred Vendors Listing, http ://www.pandc.nc.gov/actions.asp to verify that contractors or s ubrecipients have not been suspended or debarred from doing business with the Federal government". J. Ensure that EMPG funds are not used to s upport the hiring of any personnel for the purposes of law enforcement duties or to supplant traditional public safety positions and responsibilities. K. Non-s upplanting Requirement. Federal grant funds shall be used to supplement existing funds, and shall not replace (supplant) funds that have been appropriated for the same purpose. L. All materials publiciz ing or resulting from award activities shall contain this acknowledgement: "This project was supported by a Federal award from the US Department of Homeland Security, North Carolina Department of Public Safety, North Carolina Emergency Management." . Use of the Federal program logo must be approved by DHS. Printed as a legend, either below or bes ide the logo shall be the words "Funded by US Department of Homeland Security". M. SubrecipientSubrecipient shall have sole responsibility for the maintenance, insurance, upkeep, and replacement of any equipment procured pursuant to this Agreement unless hand-receipted or transferred. N. Maintain an effective property management system that complies with the following requirements: 1. Recipient and Subrecipient shall take an initial physical inventory of any equipment. Equipment is defined as tangible, non-expendable property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. Subrecipient may have property management guidelines that are more restrictive, requiring a unit of equipment with a value ofless than $5 ,000 to be inventoried. If so, such equipment purchased under this EMPG MOA 2019 4 of 13 110419a HCBOC Page 133 DocuSign Envelope 10: F7D253F3-74F1-4A05-A668-DC55D786B748 fficial Use Only award allocation shall be included on the report submitted to Recipient. The grant summary, cost reports with backup documentation , certificate of title, and any other Subrecipient reports or inventory reports that include information regarding the grant, vendor, invoice number, cost per item, number of items, description, location, condition and identification number may be used to meet this requirement. 11. Subrecipient must ensure a control system exists to ensure adequate safeguards to prevent loss, damage or theft. Subrecipient shall be responsible for replacing or repairing equipment which is willfully or negligently lost, stolen, damaged, or destroyed. Any loss, damage or theft of the property must be investigated and fully documented, and made part of the official project records. iii. Subrecipient or equipment owner must ensure adequate maintenance procedures exist to keep the equipment in good condition. 1v. Disposition Procedures. Subrecipient may dispose of the equipment when the original or replacement equipment acquired under the grant award is no longer needed for the original project or program. Items with a fair market value of less than $5,000 may be retained, transferred or otherwise disposed of with prior approval of Recipient and in accordance with disposition requirements in 2 CFR Part 200. Items with a current per unit standard federal or fair market value in excess of $5,000 may be retained, transfened or otherwise disposed of with prior Recipient approval in accordance with disposition requirements in 2 CFR Part 200. Subrecipient must provide documentation that includes the method used to determine current fair market value. v. Only allowable equipment listed in the Authorized Equipment List (AEL) for EMPG are eligible for purchases from this grant. For more guidance visit www.fema.gov. 0. No indirect or administrative costs will be charged to this allocation award. P. Subrecipient must utilize equipment as intended in their project application to NCEM. Any variation from this intended use must be requested in writing and approved by NCEM. Failure to adhere to this policy might result in revocation of funds allocated for the purchase of said equipment. S. Subrecipient must h ave a DUNS number, prior to any funds being released. DUNS numbers may be obtained from either of the following web links: www.dnb.com or http ://fedgov.dnb.com/webfom1 . T . Each subrecipient s hall ensure their organization is registered with the System for Award Management (SAM). It is required for all applicants name, address, DUNS number and EIN are up to date in SAM and that the DUNS number used in SAM is the same one used to apply for all FEMA awards. SAM information can be found at http ://www.sam.gov . Future payments will be contingent on the information provided in SAM; therefore it is imperative that the information is correct. U. The purchase or acquisition of any additional materials, equipment, accessories or supplies, or the provision of any training, exercise or work activities beyond that identified in this MOA shall be the sole responsibility of Subrecipient, and shall not be reimbursed under this MOA. 9. Funding All terms and conditions of this MOA are dependent upon and subject to the allocation of funds from the OHS and NCEM for the purpose set forth, and the MOA shall automatically terminate if funds cease to be available. Allowable costs shall be detennined in accordance with the applicable OHS Program Guidelines, which include, but may not be limited to, the FY 2019 EMPG NOFO announcement, available at: www.fema.gov . 2 CFR Parts 200 Sub-part F, 215, 220, 225 , and 230, Federal Acquisition Regulations (FAR) Part 31.2, 0MB Circulars A-21 and the OHS Financial Management Guide available at www.dhs.gov. Allowable costs are also subject to the approval of the State Administrative Agent for the State of North Carolina, the Se cretary of the Department of Public Safety. 10. Taxes Subrecipient shall be considered to be an independent subrecipient and as such shall be responsible for all taxes . There shall be no reimbursement for taxes incurred by the subrecipient under this grant. 11. Warranty As an independent subrecipient, the Subrecipient will hold the Recipient harmless for any liability and personal injury that may occur from or in connection with the performance of this Agreement to the extent pennitted by the North EMPG MOA 2019 5 of 13 110419a HCBOC Page 134 DocuSign Envelope ID : F7D253F3-74F1-4AD5-A66B-DC55D786B748 fficial Use Only Carolina Tort Claims Act. Nothing in this Agreement, express or implied, is intended to confer on any other person any rights or remedies in or by reason of this Agreement. This Agreement does not give any person or entity other than the parties hereto any legal or equitable claim, right or remedy. This Agreement is intended for the sole and exclusive benefit of the parties hereto. This Agreement is not made for the benefit of any third person or persons. No third party may enforce any part of this Agreement or shall have any rights hereunder. This Agreement does not create, and shall not be construed as creating, any rights enforceable by any person not a party to this Agreement. Nothing herein shall be construed as a waiver of the sovereign immunity of the State of North Carolina. 12. Audit Requirements For all DHS grant programs, Subrecipient is responsible for obtaining audits in accordance with 2 CFR 200 Subpart F . 13. State Property Subrecipient shall be responsible for the custody and care of any property purchased with EMPG funds furnished for use in connection with the perfonnance of this Agreement and shall reimburse the Recipient for any loss or damage to said property until the property is disposed of in accordance with EMPG Program requirements. Recipient will not be held responsible for any property purchased under this MOU/MOA. Title to the property purchased with EMPG funds shall be in the Subrecipient unless noted in section 8 of the MOA. 14. Points of Contact To provide consistent and effective communication between Subrecipient and the North Carolina Department of Public Safety, North Carolina Emergency Management, each party shall appoint a Principal Representative(s) to serve as its central point of contact responsible for coordinating and implementing this MOA. The North Carolina Department of Public Safety, North Carolina Emergency Management contact shall be, Assistant Director -Administration, the NCEM Grants Management Branch Staff, and the NCEM Area Coordinator Staff. The Subrecipient point of contact shall be the EMPG Program Manager or the person designated by the Subrecipient. All confidential information of either party disclosed to the other party in connection with the services provided hereunder will be treated by the receiving party as confidential and restricted in its use to only those uses contemplated by the tenns of this MOA. Any information to be treated as confidential must be clearly marked as confidential prior to transmittal to the other party. Neither party shall disclose to third parties, the other party's confidential information without written authorization to do so from the other party . Specifically excluded from such confidential treatment shall be information that: • As of the date of disclosure and /or delivery, is already known to the party receiving such information. • Is or becomes part of the public domain, through no fault of the receiving party. • Is lawfully disclosed to the receiving party by a third party who is not obligated to retain such information in confidence. • ls independently developed at the receiving party by someone not privy to the confidential information . 15. Public Records Access While this information under Federal control is subject to requests made pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. §552 et. seq., all determinations concerning the release of information of this nature are made on a case-by-case basis by the FEMA FOIA Office. This agreement may be subject to the North Carolina Public Records Act, Chapter I 32 of the North Carolina General Statutes. 16. Subcontracting If Subrecipient subcontracts any or all purchases or services required under this Agreement , then Subrecipient agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this MOA. Subrecipient and any subcontractor agree to include in the subcontract that the subcontractor shall hold Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this MOA. If Subrecipient subcontracts any or all purchases or services required under this MOA, a copy of the executed subcontract Agreement must be forwarded to Recipient. A contractual arrangement shall in no way relieve Subrecipient of its responsibilities to ensure that all funds issued pursuant to this grant be administered in accordance with all state and Federal requirements. Subrecipient is bound by all special conditions of this grant award as set out in the Grant Application Package and the Grant Award and Special Conditions documents, incorporated by reference herein, as well as all terms , conditions and restrictions of the applicable EMPG NOFO announcement referenced herein . EMPG MOA 2019 6 of 13 110419a HCBOC Page 135 DocuSign Envelope ID: F7D253F3-74F1-4AD5-A668-DC55D786B748 fficial Use Only 17. Situs This Agreement shall be governed by the laws of North Carolina and any claim for breach or enforcement shall be filed in State Court in Wake County, North Carolina. 18. Antitrust Laws This Agreement is entered into in compliance with all State and Federal antitrust laws. 19. Other Provisions/Severability Nothing in this Agreement is intended to conflict with current laws or regulations of the State of North Carolina, Department of Public Safety, North Carolina Emergency Management, or the Subrecipient. If a tenn of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect. 20. Compliance with the law Subrecipient shall be wholly responsible for the purchases to be made under this MOA and for the supervision of its employees and assistants. Subrecipient shall be responsible for compliance with all laws, ordinances, codes, rules, regulations, licensing requirements and other regulatory matters that are applicable to the conduct of its business and purchase requirements performed under this MOA, including those of Federal requirements and State and local agencies having appropriate jurisdiction and found in the FY 2019 EMPG NOFO announcement. 21. Entire Agreement This Agreement and any annexes, exhibits and amendments annexed hereto and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral and written statements or agreements. 22. Modification This Agreement may be amended only by written amendments duly executed by the Recipient and the Subrecipient. 23. Certification of eligibility--Under the Iran Divestment Act Pursuant to G.S. 147-86 .59, any person identified as engaging in investment activities in Iran, determined by appearing on the Final Divestment List created by the State Treasurer pursuant to G.S, 147-86.58, is ineligible to contract with the State of North Carolina or any political subdivision of the State. The Iran Divestment Act of 2015, G.S. 147-86.55 et seq.* requires that each vendor, prior to contacting with the State certifies, and the undersigned on behalf of the Vendor does hereby certify, to the following: A. That the vendor is not identified on the Final Divestment List of entities that the State Treasurer has determined engages in investment activities in Iran B. That the vendor shall not utilize on any contract with the State agency any subcontractor that is identified on the Final Divestment List C. That the undersigned is authorized by the Vendor to make this Certification The State Treasurer's Final Divestment List can be found on the State Treasurer's w e bsite at the address: llttps ://www.nctreasurer.com/in s ide-the -department/OpenGovernment/Pages/lran -di ves t men t-Act-reso urces.aspx , and is updated every 180 days. For questions about the Department of State Treasurer's Iran Divestment Policy, please call (919) 814-3852. 24. Termination The terms of this agreement, as modified with the consent of all parties, will remain in effect until September 30, 2022. Either party upon thirty days advance written notice to the other party may terminate this agreement. Upon approval by DHS, FEMA and the issuance of the Grant Adjustment Notice, if this MOA is extended, the termination date for the extension will be the date listed in the applicable DHS, FEMA Grant Adjustment Notice, incorporated by reference herein. lfDHS suspends or terminates funding in accordance with 2 CFR 200 and the 2019 EMPG NOFO, incorporated by reference herein, the Subrecipient shall reimburse North Carolina Emerge ncy Management for said property and/or expenses . E MPG MOA 2019 7 o f 13 110419a HCBOC Page 136 OocuSign Envelope 10 : F7D253F3-74F1-4AD5-A668-0C55D786B748 fficial Use Only 25. Scope of Work The Subrecipient shall implement the EMPG Grant project summarized below and as described in the approved FY 2019 EMPG application. That Application is hereby incorporated by reference into this Agreement. The Recipient shall certify eligible costs according to the following expenditures: A. Scope of Work Summary Please see Attachment 1 for a detailed Scope of Work description. B. Reports to be provided at the conclusion of work (if applicable): 1. Quarterly project progress reports 11. Subrecipient involved legal action that pertains to Planning, Organization, Training, Exercise and Equipment purchased with EMPG iii. After-action report from Trainings or Exercises 1v. Training course roster and description v. Any other documentation that would be pertinent vt. Any invoices detailing the expenses associated with the project 26. Lobbying Prohibition The Subrecipient certifies, to the best of its knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person or employee of any state or Federal agency, a member of the NC General Assembly, a Member of Congress, an officer or employee of Congress, or an employee ofa 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. B. 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 Fonn-LLL, "Disclosure Fonn to Report Lobbying," in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative 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 13 52, 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 SI 0,000 and not more than $100,000 for each such failure. 27. Assurance of Compliance with Title VI of the CiviJ Rights Act of 1964 During the perfonnance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: A. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally-Assisted Programs of the 2 CFR. 200 and North Carolina regulation as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. B. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds ofrace, sex, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the EMPG MOA 2019 8 of 13 110419a HCBOC Page 137 DocuSign Envelope ID : F7D253F3-74F1 -4AD5-A668-DC55D786B748 fficial Use Only contract covers a program set forth in Appendix B of the Regulations. C. Solicitation for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractors obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin . D. Information and Reports: The contractor shall provide all infonnation and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information , and its facilities as my be determined by the Recipient or the Research and Special Programs Administration (RSPA) to be pertinent to ascertain compliance with such Regulations, orders and instructions . Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Recipient or the Research and Special Programs Administration as appropriate , and shall set forth what efforts it has made to obtain such information. E. Sanctions for Noncompliance: In the event of the contractors noncompliance with nondiscrimination provisions of this contract, the Recipient shall impose contract sanctions as it or the Research and Special Programs Administration may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the contractor under the contract until the contractor complies . 11. Cancellation, termination, or suspension of the contract , in whole or in part. F. Incorporation of Provisions:_The contractor shall include the provisions of every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations , or directives issued pursuant thereto. The contract shall take such action with respect to any subcontract or procurements as the Recipient or the Research and Special Programs Administration may direct as a means of enforcing such provisions including sanctions for noncompliance : Provide, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontract or supplier as a result of such direction, the contractor may request the Recipient to enter into such litigation to protect the of the Recipient and , in addition the contractor may request the United States to enter such litigation to protect the interests of the United States. 28. Assurance of Compliance with Title VI of the Civil Rights Act of 1964 Subrecipient hereby agrees that as a condition to receiving any Federal financial assistance from the OHS it will comply with Title VJ of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S .C. 2000d-4 (hereinafter referred to as the Act) and all requirements imposed by or pursuant to 2 CFR Sub Part F, Nondiscrimination in Federally-Assisted Programs of the OHS -Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex or national origin , be excluded from participation in , be denied the benefits of, or be otherwise discrimination under any program or activity for which the Subrecipient receives Federal financial assistance from the OHS , and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21. 7(a) ( 1) of the Regulations . More specifically and without limiting the above general assurance , the Subrecipient hereby gives the following specific as surance with respect to the project : A. Agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program") conducted, or will be (with regard to ("facility") operated in compliance with all requirements imposed by, or pursuant to , the Regulations . B. Insert the following notification in all solicitations for bids for work or material subject to the Regulations and, in adapted form in all proposals for negotiated agreements: ln accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U .S .C. 2000d to 2000d-4 and 2 CFR Sub Part F issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in regard to any contract entered into pursuant to this advertisement, minority, business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race , color, sex or national origin in consideration for an award. EMPG MOA2019 9 of 13 110419a HCBOC Page 138 DocuSign Envelope ID: F7D253F3-74F1-4AD5-A668-DC55D786B748 fficial Use Only C. Insert the clauses of this agreement in every contract subject to the Act and the Regulations . D . This assurance obligates the Recipient for the period during which Federal financial assistance is extended to the project. E . Provide for such methods of administration for the program as are found by the Secretary of DHS or the official to whom he delegates specific authority to give reasonable guarantee that is , other recipients, Subrecipients, contractors, subcontractors, transferees, successors in interest , and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance . F. Agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, and Regulations, and this assurance. This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans , contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Recipient by the DHS and is binding on it, other recipients, Subrecipients, contractors , subcontractors, transferees, successors in interest and other participants in the DHS Program. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the recipients . 29. Assurance of Compliance with Title VI of the Civil Rights Act of 1964 The following clauses shall be included in all deeds, licenses, leases , permits, or similar instruments entered into by Subrecipient executed in expending these grant funds : A. The [Subrecipient, licensee, lessee , pennittee, etc ., as appropriate] for itself, herself/himself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land''] that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this [deed, license, lease, permit, etc.] for a purpose for which a DHS program or activity is extended or for another purpose involving the provision of similar services or benefits, the Subrecipient [licensee, lessee, permittee, etc.] shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 2 CFR Sub Part F and as said Regulations may be amended. B. That in the event of breach of the above nondiscrimination covenants, Subrecipient shall have the right to terminate the [license, lease, permit, etc.] and to re-enter and repossess said land and the facilities thereon, and hold the same as if said [licenses, lease, permit, etc.] had never been made or issued. C . That in the event of breach of any of the above nondiscrimination covenants, Subrecipient shall have the right to re-enter said lands and facilities thereon, and the above-described lands and facilities shall thereupon revert to and vest in and become the absolute property of Subrecipient and its assigns. The following shall be included in all deeds, licenses , leases, permits, or similar agreements entered into by Subrecipient: A. The [Subrecipient, licensee, lessee, pennittee, etc., as appropriate] for herself/himself, his/her personal representatives , successors in interest , and assigns, as a part of the consideration hereof, does hereby covenant and agree [in case of deeds , and leases add "as a covenant running with the land"] that (I) no person on the grounds of race, color, sex, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing services thereon, no person on the grounds of race, color, sex, or national origin shall be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination, and (3) that the [Subrecipient, licensee, lessee, permittee, etc .] shall use the premises in compliance with all other requirements imposed by or pursuant 2 CFR Sub Part F Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. EMPG MOA 2019 10 of 13 110419a HCBOC Page 139 DocuSign Envelope ID : F7D253F3-74F1-4AD5-A668-DC55D786B748 fficial Use Only B. That in the event of breach of any of the above nondiscrimination covenants, Subrecipient shall have the right to terminate the [license, lease, permit, etc .] and to re-enter and repossess said land and the facilities thereon, and hold the same as if said [license, lease, permit, etc.] had never been made or issued . C. That in the event of breach of any of the above nondiscrimination covenants, Subrecipient shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of Subrecipient and its assigns. * Reverted clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. 30. Assurance of Compliance with Privacy Act The Subrecipient agrees: A To comply with the provisions of the Privacy Act of 1974, 5 U.S.C. §552A and regulations adopted there under, when performance under the program involves the design, development, or operation of any system or records on individuals to be operated by the Subrecipient, its third-party contractors, subcontractors, or their employees to accomplish a OHS function. B. To notify OHS when the Subrecipient or any of its third-party contractors, subcontractors, subrecipients, or their employees anticipate a system of records on behalf of OHS in order to implement the program, if such system contains infonnation about individuals name or other identifier assigned to the individual. A system of records subject to the Act may not be used in the performance of this Agreement until the necessary and applicable approval and publication requirements have been met. C. To include in every solicitation and in every third-party contract, sub-grant, and when the performance of work, under that proposed third-party contract, sub grant, or sub agreement may involve the design, development, or operation of a system of records on individuals to be operated under that third-party contract, sub grant, or to accomplish a OHS function, a Privacy Act notification informing the third party contractor, or sub Recipient, that it will be required to design, develop, or operate a system of records on individuals to accomplish a OHS function subject to the Privacy Act of 1974, 5 U .S.C. §552a, and applicable OHS regulations, and that a violation of the Act may involve the imposition of criminal penalties; and D. To include the text of Sections 30 part A through C in all third party contracts , and sub grants under which work for this Agreement is performed or which is award pursuant to this Agreement or which may involve the design, development, or operation of a system of records on behalf of the OHS. 31. Certification Regarding Drug-Free Workplace Requirements (Subrecipients Other Than Individuals) This certification is required by the regulations implementing the Drug-Free Workplace Act of 1988, 44 CFR Part 17, Sub Part F. The regulations, published in the January 31, 1989 Federal Register, require certification by sub-Recipient, prior to award, that they will maintain a drug-free workplace. The certification set out below is a material representation of the act upon which reliance will be placed when the agency determines to award the grant. False certification or violation of the certification shall be grounds for suspension of payments, suspension or termination of grants, or government-wide suspension of debarment, (See 2 CFR Part 200). A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Subrecipient' s workplace and specifying the actions that will be taken against employees for violation of such prohibition. B. Establish a drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace 11. The Subrecipient's policy of maintaining a drug-free workplace 111. Any available drug counseling, rehabilitation, and employee assistance programs 1v. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace EMPG MOA 2019 11 of 13 110419a HCBOC Page 140 DocuSign Envelope ID: F7D253F3-74F1-4AD5-A668-DC55D786B748 fficial Use Only C. Require that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph A .. D. Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under the grant, the employee will: 1. Abide by the terms of the statement. ii. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. E . Notifying the agency within ten days after receiving notice under subparagraph (D) (ii), from an employee or otherwise receiving actual notice of such conviction. F . Taking one of the following actions , within 30 days of receiving notice under subparagraph (D)(ii), with respect to any employee who is convicted: 1. Taking appropriate personnel action against such an employee, up to and including termination . 11. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by federal, state , local health, law enforcement , or other appropriate agency. G . Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (A), (B), (C), (D), (E), and (F). 32. Execution arid Effective Date This grant shall become effective upon return of this original Grant Award and MOA, properly executed on behalf of the Subrecipient, to North Carolina Emergency Management and will become binding upon execution of all parties to the Agreement. The terms of this Agreement will become effective October I, 2019 . The last signature shall be that of Erik A. Hooks, Secretary for the North Carolina Department of Public Safety. 33. Term of this Agreement This agreement shall be in effect from October l, 2019 to September 30, 2022 EMPG MOA 2019 12 of 13 110419a HCBOC Page 141 DocuSign Envelope ID: F7D253F3-74F1-4AD5-A668-DC55D786B748 fficial Use Only IN WITNESS WHEREOF, the parties have each executed this Agreement and thr parties agree that this Agreement will be effectivr as of October 1, 2019 NC DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY MANAGEMENT 1636 GOLD STAR DR RALEIGH, NC 27607 BY: . 1,ti l. S ~-.. Ml 1::t~A,~, DIRECTOR NORTH CAROLINA EMERGENCY MANAGEMENT APPROVED AS TO PROCEDURES: ~--.. ~!~~~~N,CONTROLL DEPARTMENT OF PUBLIC SAFETY Daadlg_..,, B ilkt(i,1t «.~ W w.H&L, ASSIST ANT GENERAL COUNSEL REVIEWED FOR THE DEPARTMENT OF PUBLIC SAFETY, BY WILLIAM POLK, HARNETT COUNTY .1005 EDWARDS BROTHERS DRJVE LILLINGTON, NC 27546- DPS ASSISTANT GENERAL COUNSEL, TO FULFILL THE PURPOSES OF THE US DEPARTMENT OF HOMELAND SECURITY GRANT PROGRAMS Q--.. BY: Vl~ 4. ~6&S ERi ~ECRETARY DEPARTMENT OF PUBLIC SAFETY THIS MOA WAS PREVIOUSLY APPROVED AS TO FORM BY THE NORTH CAROLINA DEPARTMENT OF JUSTICE FOR THE FY 2019 EMERGENCY MANAGEMENT PREPAREDNESS GRANT PROGRAM AND IS SUBJECT TO EXECUTION BY ERIK A. HOOKS, SECRETARY OF THE DEPARTMENT OF PUBLIC SAFETY. THIS MOU/MOA SHOULD NOT BE USED FOR OTHER MOUs/MOAs FOR THE EMPG FOR OTHER FISCAL YEARS . EMPG MOA 2019 13 of 13 110419a HCBOC Page 142 DocuSign Envelope ID: F7 D253F3-7 4F 1-4AD5-A668-DC55D786B 7 48 Sub-recipient: Address: Federal ID #: DUNS#: Branch : Account#: Grant period: Grant file #: ST ATE OF NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY North Carolina Emergency Management Physical Address: 4105 Reedy Creek Road. Raleigh. NC 27607 Emergency Management Performance Grant Program Fiscal Year 2019 COST RE PORT 1 Harnett County 1005 Edwards Brothers Drive Lillington, NC 27546- 566000306 091565986 Central 1901-1500-8016-3HD9 October 1, 2019 -September 30, 2022 EMPG-2019-19042 Funding worksheet EMPG initial Universal (Base) Optional SATCOM amount amount amount deductions Federal/State $35,000.00 $35,000.00 TBD TBD Local match ' $35,000 .00 $35,000 .00 TBD TBD Total $70,000.00 $70,000.00 TBD TBD Balance to be oaid $0.00 $0.00 $0.00 Thi s is th e first of two cost reports . This initial cost report reflects th e Universal (Base) amount that your co unty is e ligible to receive provided all Universa l activities are completed, and documentation is approved by the State before the designated deadline. Thi s cos t report requires appropriate s ignatures and return to the state for payment of eligible EMPG work activi ties completed to date. The second cost report will reflect comp leted and approved Optional work activity amounts by your emergency manag em ent prog ram. SATCOM deductions and a Balance to be paid will also be reflected in Cost Report 2 to give you a total 2019 EMPG Fi nal Amount award for your co unty. Please note that failure to complete any Universal activity will result in a 12.5% penalty per activity to be assessed against your 2020 EMPG funds. Certification : I ce rtify that t he above are correct based on grantee's official accou nting syste m and records , co nsistently applied and maintained, an d that expenditures shown have been made for the purpose of and in accordance w ith, applicable g rant terms and conditions, a n d that appropriate documentation to support these costs and expend itures is available or attached . llocda_,.,, 10/8/2019 I 11:30 :54 AM EDT Dati; 10 /8/2019 I 08:37 :37 AM EDT Da7 10 5/2019 09:05:36 AM EDT '1_~/8/2019 I 11:34:13 AM EDT Departmen t of Public Safet Date 110419a HCBOC Page 143 DocuSign Envelope ID: F7D253F3-74F1-4AD5-A668-DC55D786B748 Attachment 1 110419a HCBOC Page 144 DocuSign Envelope ID: F7D253F3-74F1 -4AD5-A668-DC55D786B748 North Carol i na Emergency Management Preparedness Grants Application Fiscal Year 2019 Grants selection Please select all grants to be considered for this fiscal year. Grants not selected will be treated as a decline of those funds. Grants ~ Emergency Management Performance Grant (EMPG) D Hazardous Materials Emergency Preparedness (HMEP) D Homeland Security Grant Program (HSGP) D North Carolina Tier II competitive IZI North Carolina Tier II noncompetitive Contacts Enter requested information for all contacts listed below. Appli c ant Applicant This is the agency applying for grants. Applying agency Harnett County Emergency Services/ Emergency Management Division St reet address 1005 Edwards Brothers Dr City Lillington I ZIP +4 I 27546 Email zshean@harnett.org EIN/Tax ID number 56-6000306 DUNS number 091565986 SAM registered Yes I Expiration date I 6/1/2019 Is the agency applying as a nonprofit with S01(c)(3) status? I Yes Your name Zachary Shean Are you authorized to apply for grants on behalf of the applying agency? I Yes Fie ld he lp Grants point of contac t Grants point of contact Thi s is the focal point for any ongoing communications rega rding the grants. There is an opportunity to override this contact for any specific grant. Name Zach Shean Agency Harnett County Emergency Services / Emergency Management Division Title Assistant EM Coordinator Phone (work) 910-893-7580 I Phone (mobile) I 910-984-6296 Street address 1005 Edwards Brothers Dr City Lillington I ZIP+ 4 I 21s46 Email zshean@harnett.org Fiel d help 110419a HCBOC Page 145 DocuSign Envelope ID : F7D253F3-74F1-4AD5-A668-DC55D786B746 EM program manager EM program manager This is the local EM grants manager. Name I Zach Shean Email I zshean@harnett.org Field help Grants MOA signatory Grants MOA signatory This is the individual whose name appears on the signature page of the memorandum of agreement. While only one signatory is required, space for an additional signatory is provided. If even more signatories are required, add them in the "Aooends" section. There is an oooortunitv to override this contact for anv specific arant. Name Agency Title Street address (not PO Box) City Email Name Agency Title Street address (not PO box) City Email Field help Projects Paula Stewart Harnett County County Manager 420 McKinney Parkway Lillington I ZIP +4 I 21545 pstewart@harnett.org Larry Smith Harnett County Emergency Services Emergency Services Deputy Director 1005 Edwards Brothers drive Lillington I ZIP+ 4 I 21545 ltsmith@harnett.org Enter requested project information for each grant checked under Grants selection . Completio ns of the Point of contact and MOA signatory sections are only required if the individuals are diffe rent from the Grants point of contact or Grants MOA signatory. EMPG Point of contact Point of contact Complete only if the point of contact for this project is different from the identified "Gra nts point of contact". Name Zach She an Agency Harnett County Emergency Services Title Assistant EM Coordinator Phone (work) 910-893-7580 I Phone (mobile) I 910-984-6296 Street address 1005 Edwards Brothers Or City Lillington I ZIP+ 4 I 21s46 Email zshean@harnett.org Field help 110419a HCBOC Page 146 DocuSign Envelope ID: F7D253F3-7 4F1-4AD5-A668-DC55D786B7 48 MOA signatory MOA signatory This is the individual whose name appears on the signature page of the memorandum of agreement. While only one signatory is required, space for an additional signatory is provided. If even mare signatories are required, add them in the "Appends" section. Complete only if the MOA signatory for this project is different from the identified "Grants MOA signatory". Name Paula Stewart Agency Harnett County Title County Manager Street address (not PO Box) 420 McKinney Parkway City Lillington I ZIP +4 I 21546 Email pstewart@harnett.org Name Larry Smith Agency Harnett County Emergency Services Title ES Deputy Director Street address (not PO box) 1005 Edwards Brothers Dr City Email Field help Name Agency Title Street address, City, ZIP+ 4, email Finance director Finance director lillington I ZIP +4 I 21546 ltsmith@harnett.org The individual who signs the memorandum of agreement on behalf of the applicant. The agency name of the signatory. The title within the agency of the signatory. The street address (not PO Box), city, nine-digit zip code, and email of the signatory . The signature of the finance director of the agency is required for the memorandum of agreement. Name I Kimberly Honeycutt Email I khoneycutt@harnett.org Fie ld help 110419a HCBOC Page 147 DocuSign Envelope ID: F7D253F3-74F1-4AD5-A668-DC55D786B748 Project information General information Enter information describing the project. Title EMPG Universal/Optional Projects Description EMPG Base Line and Supplemental will assist in furthering our local capabilities in training, preparedness and response capabilities. Goal Our goal is to further assist in preparedness and response capabilities to our residents and visitors of Harnett County Construction/renovation required No Structural attachment required No Core capabilities addressed Select primary and secondary (if applicable} core capabilities addressed by this project. Primary Planning Secondary Operational Coordination Project timeline milestones List the major project events and their completion dates. Milestone Completion of EMPG Projects Cli< k or l~p l1e1E: le, enler 1Ext. U ick or tvp here to enter text Click or tap here to cntci-text Click or lap i1f'r1c 1u en1er \ex1 Click or lap ht>re to enter text. Click or tap here to enter text ( lick or tap here to enter tc-xt. Field help Budget 10/2019 Click or tap tt) e11ler a d;,1P. Click or tap to enter J dJtc. Click or tap to enter a date Clic.k cir tap 10 e11ler 3 date. Clit k or tap tr, enter a date. Clici< or tap to enter a cbte. Click or tap to enter· a dc1tc. Completion Date Complete Organization details if any personnel is funded by this grant, then complete the Planning/Equipment/Organization/Training/Exercises costs section. 110419a HCBOC Page 148 DocuSign Envelope ID: F70253F3-7 4F1-4AD5-A668-DC55D786B7 48 Organization details Enter the requested information if any personnel are funded by this grant. EM program manager Complete for EM program manager activity only. Time allotted for EM 100% Salary $60000. Date of employment in current position 12/8/2014 All personnel Complete for all personnel supported by funds from this project. All EMPG program funds (federal and match) allocated towards local $70,000.00 emergency management personnel All EMPG Program funds (federal and match) allocated towards non-local 0 emergency management personnel Total number of local emergency management full-time equivalent(FTE) 2 personnel, including those supported and not supported by the EMPG Program Number of local emergency management FTE personnel supported (fully or 2 partially) by the EMPG Program Number of local emergency management personnel supported (fully or 2 partially) by the EMPG Program Field help Pia nn ing/Eq u ipment/Orga nization/Tra i ning/Exercises costs Estimated Costs For each cost item se lect an activity area and then enter a description and the cos t amounts . Enter the total. Activity are a Description Plann i ng Active LEPC Train i ng Web EOC Trainin g Organi za t ion Additional EM Conference Organ iza tion Impact Assessment Team Organiz ation Swift Water Rescue Team Equipment Equipment Maintenance Tr aining EM Forum Planning Update County Profile Equipment Mobile Shower Unit Total estimated co st s Field he lp HM EP HSGP North Carolina Tier II competitive North Caro lina Tier II noncompetitive Funding amount Match amount Total amount Ent er amount. En t er amount. Enter t otal. Enter amoun t. Enter amount. Enter tot al. $600.00 En t er amount. $600 .00 $1,000.00 E:nter amou nt. $1,000.00 $1,000.00 Enter amount. $1 ,000.00 $5,000.00 Enter amou nt. $5,000.00 [nter amount. [nter amount. [nter t ota l. [nter amount. [nter amount. [nter t otal. $22,000.00 Enter amount. $22.000 $29,600 .00 enter total. $29,600.00 110419a HCBOC Page 149 DocuSign Envelope ID: F70253F3-74F1-4AD5-A668-DC55D7868748 Certi f ication Certification Review each certification item and check where appropriate. I certify that: [81 This application includes complete and accurate information. [81 No project (supported through federal and/or matching funds) having the potential to impact Environmental or Historical Preservation (EHP) can be started without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings, structures and objects that are 50 years old or greater. Applicant must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work requires re-evaluation for compliance with these EHP requirements. Any activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA funding. [81 In accordance with HSPD-5, the adoption of the National Incident Management System (NIMS) is a requirement to receive federal preparedness assistance through grants, contracts, and other activities. By submitting this grant application, you and all participating entities are certifying that your locality/state agency is NIMS compliant. [81 Submission of the project proposal does not guarantee funding. [81 Projects with funds allocated for equipment are required to check all equipment purchases against the Allowable Equipment List. (https://www.fema.gov/aut horized-equipment-list). [81 Any changes made to this grant application after the submission deadline must be approved by the Planning and Homeland Security Section Grants Branch Manager and an upd ated application must be submitted. D If applying as a nonprofit agency you must have a 501(c)(3) status. A copy of that certification must be submitted with your application . [81 (EMPG only) Positions that are classified as sworn law enforcement officers may not be funded through EMPG. Appends 110419a HCBOC Page 150 DocuSign Envelope ID: F7D253F3-74F1-4AD5-A668-DC55D786B748 Attachment 2 110419a HCBOC Page 151 DocuSign Envelope ID : F7D253F3-74F1-4AD5-A668-DC55D7868748 2019 DHS Standard Terms and Conditions The 2019 OHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2019. These terms and conditions flow down to subreclplents, unless a particular award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations. Assurances, Administrative Requirements, Cost Principles, Representations and Certifications OHS financial assistance recipients must complete either the Office of Management and Budget (0MB) Standard Form 4248 Assurances -Non-Construction Programs , or 0MB Standard Form 4240 Assurances -Construction Programs, as applicable . Certain assurances in these documents may not be applicable to your program, and the OHS financial assistance office (OHS FAO) may require applicants to certify additional assurances . Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the OHS FAO if you have any questions. OHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations CC .F.R.) Part 200, and adopted by OHS at 2 C.F.R. Part 3002. DHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing OHS access to records , accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by OHS. 2 . Recipients must give OHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and in formation as may be necessary, as required by DHS regulations and other applicable laws or program guidance . 3. Recipients must submit timely , complete, and accurate reports to the appropriate OHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. Recipients of federal financial assistance from OHS must complete the OHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award or, for State Administering Agencies , thirty (30) days from receipt of the OHS Civil Rights Evaluation Tool from OHS or its awarding component agency. Recipients are required to provide this information once every two (2) years, not every time an award is made. After the initial submission for the first award under which this term applies, recipients are only required to submit updates every two years , not every time a grant is awarded . Recipients should submit the completed tool, including supporting materials, to CivilRiqhtsEvaluation@hg .dhs.gov. This tool c larifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to OHS. The evaluation tool can be found at https ://www . d hs . gov/pu blication/d hs-civi I-rights-evaluation-tool. OHS S tandard Terms and Conditions Version 9. 1 April 17, 2019 110419a HCBOC Page 152 DocuSign Envelop e ID: F7D253F3-7 4F 1-4AD5-A668-DC55D7B6B 7 48 2019 DHS Standard Terms and Conditions Standard Terms & Conditions I. Acknowledgement of Federal Funding from OHS Recipients must acknowledge their use of federal funding when issuing statements, press releases , requests for proposal , bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. II. Activities Conducted Abroad Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Ill. Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (1975) (codified as amended at Title 42. U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. IV. Americans with Disabilities Act of 1990 V. Recipients must comply with the requirements of Titles I, 11, and Ill of the Americans with Disabilities Act, Pub . L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101- 122.13), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems , places of public accommodation, and certain testing entities. Best Practices for Collection and Use of Personally Identifiable lnformation(Plll Recipients who collect PII are required to have a publicly available privacy polic y that describes standards on the usage and maintenance of the PII they collect. OHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual . Recipients may also find the OHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively . VI. Civil Rights Act of 1964 -Title VI VII. Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U .S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be den ied the benefits of, o r be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race , color, national origin, religion , disability, familial status, and sex (see 42 U .S .C . § 3601 et seq .), as implemented by the U.S. Department of Housing and Urban Development at 24 C .F .R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-Le., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)-be designed and constructed with certain accessible features . (See 24 C.F.R. Part 100. Subpart 0 .) OH S Stan d ard Term s and Conditions Version 9. 1 2 April 17, 2 019 110419a HCBOC Page 153 DocuSign Envelope ID: F7D253F3·74F1-4AD5-A668-DC55D7B6B748 2019 OHS Standard Terms and Conditions VIII . Copyright Recipients must affix the applicable copyright notices of 17 U.S.C . §§ 401 or 402 and an acknowledgement of U.S . Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. IX. Debarment and Suspension Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by OHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. X. Drug-Free Workplace Regulations, Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C .F .R. Part 182) of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106). XI. Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C .F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons . However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. XII. Education Amendments of 1972 (Equal Opportunity in Education Act) -Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (1972) (codified as amended at 20 U.S.C . § 1681 et seq.), which provide that no person in the United States will , on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. OHS implementing regulations are codified at 6 C .F.R. Part 17 and 44 C .F .R. Part 19 XIII. Energy Polley and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42 U .S.C . § 6201 et seq.). which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. XIV. False Claims Act and Program Fraud Clvll Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 372.9- 3733, which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. §§ 3801-381 2, which details the administrative remedies for false claims and statements made.) XV. Federal Debt Status All recipients are required to be non -d elinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other ta xes, audit disallowances, and benefit overpayments. (See 0MB Circular A-129.) OHS S tandard Terms and Conditions Version 9. 1 3 April 17 , 2019 110419a HCBOC Page 154 DocuSign Envelope ID: F7D253F3-74F1-4AD5-A668-DC55D786B748 2019 OHS Standard Terms and Conditions XVI. Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E .O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. XVII. Fly America Act of 197 4 Recipients must comply with Preference for U .S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. XVIII. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S .C. § 2225a, recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 197 4. ( codified as amended at 1§_ u.s .c. § 2225.) XIX. Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title V of the Civil Rights Act of 1964 , (42 U .S.C. § 2000d et ~ prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations . please refer to the DHS Recipient Guidance: https:/lwww.dhs.gov/gui dance-published-help-department- supported-organizations-provide-meaningful-access-people-limited and additional resources on http ://www.lep.gov. XX. Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt 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 any federal action related to a federal award or contract, including any extension , continuation, renewal, amendment, or modification . XXI. National Environmental Policy A.ct Recipients must comply with the requ irements of the National Environmental Polic y Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seg.(NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA. which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. XXII. Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is OHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by OHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C .F.R. Part 19 OHS Standard Terms and Conditions Version 9.1 4 April 17, 2019 110419a HCBOC Page 155 DocuSign Envelope ID: F7D253F3-7 4 F 1-4AD5-A668-DC55D786B 7 48 2019 OHS Standard Terms and Conditions and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual OHS programs. XXIII . Non-Supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. XXIV. Notice of Funding Opportunity Requirements All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. XXV. Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401 .14. XXVI. Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962 .) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C .F.R. Part 247 that contain the highest percentage of recovered materials practicable , consistent with maintaining a satisfactory level of competition. XXVII. Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitatio n Act of 1973, Pub. L. No. 93-112 (1973), (codified as amended at 29 U.S .C . § 794,) which provides that no otherwise qualified handicapped individuals in the United States will , solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. XXVIII. Reporting of Matters Related to Recipient Integrity and Performance 1. General Reporting Requirements If the total value of any currently active grants, cooperative agreements. and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients during that period of time must maintain the currency of information reported to the System for Award Management (SAM) th at is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integ r ity lnfom,ation System (FAPIIS) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under Pub . L. No. 110-417 , § 872 , as amended 41 U.S .C. § 2313 . As requi red by Pub. L. No. 1 11 -212, § 3010, all information posted in the designated integrity and performance system on or after April 15, 2011 , except past performanc e reviews required for federal procurement contracts, will be publicly available. OHS Stan dard Terms and Con dition s Version 9 1 5 April 17 , 201 9 110419a HCBOC Page 156 DocuSign Envelope ID : F7D253F3 -74F1-4AD5 -A66B-DC55D7868748 2019 DHS Standard Terms and Conditions 2. Proceedings about Which Recipients Must Report Recipients must submit the required information about each proceeding that : a. Is in connection with the award or performance of a grant, cooperative agreement , or procurement contract from the federal government; b. Reached its final disposition during the most recent five year period ; and c. One or more of the following : 1) A criminal proceeding that resulted in a conviction , as defined in paragraph 5 of this award term and condition; 2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; 3) An administrative proceeding, as defined in paragraph 5, that resulted in a finding of fault and liability and the recipient's payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or 4) Any other criminal. civil, or administrative proceeding if: a) It could have led to an outcome described in this award term and condition; b) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on the recipient's part ; and c) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulat ions. 3. Reporting Procedures Recipients must enter the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. Recipients do not need to submit the information a second time under financial assistance awards that the recipient received if the recipient already provided the information through SAM because it was required to do so under federal procurement contracts that the recipient was awarded. 4. Reporting Frequency During any period of time when recipients are subject to the main requirement in paragraph 1 of this award term and condition, recipients must report proceedings information through SAM for the most recent five year period, either to report new information about any proceeding(s) that recipients have not reported previously or affirm that there is no new information to report . Recipients that have federal contract. grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal , civil, and adm inistrative proceedings. 5. Definitions For the purpose of this award term and condition: a. Administrative proceeding: means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e .g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings , and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the federal and state level but only in connection with performance of a federal contract or grant. It does not include audits , site visits, corrective plans , or inspection of deliverables. DHS Standard Terms and Conditions Version 9 .1 6 April 17, 2019 110419a HCBOC Page 157 DocuSign Envelope ID: F7D253F3-7 4F 1-4AD5-A668-DC55D786B 7 48 2019 DHS Standard Terms and Conditions b. Conviction: means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes- 1) Only the federal share of the funding under any federal award with a recipient cost share or match; and 2) The value of all expected funding increments under a federal award and options, even if not yet exercised. XXIX. Reporting Subawards and Executive Compensation 1. Reporting of first-tier subawards . a. Applicability. Unless the recipient is exempt as provided in paragraph 4 of this award term, the recipient must report each action that obligates $25,000 or more in federal funds that does not include Recovery funds (as defined in Section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (See definitions in paragraph 5 of this award term). b. Where and when to report. 1) Recipients must report each obligating action described in paragraph 1 of this award term to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS.) 2) For subaward information, recipients report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2016, the obligation must be reported by no later than December 31, 2016.) c . What to report. The recipient must report the information about each obligating action that the submission instructions posted at http://www .fsrs .gov. 2. Reporting Total Compensation of Recipient Executives. a . Applicability and what to report.. Recipients must report total compensation for each of the five most highly compensated executives for the preceding completed fiscal year, if- 1) The total federal funding authorized to date under this award is $25,000 or more; 2) In the preceding fiscal year, recipient's re cei ved- a) 80 percent or more of recipients annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. 170.320 (and subawards); and b) $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act. as defined at 2 C .F.R. 170.320 (and subawards): and OHS Standard Terms and Conditions Version 9 , 1 7 April 17, 2019 110419a HCBOC Page 158 DocuSign Envelope ID: F7D2 53F3-74F1 -4AD5-A668-DC55D7868748 2019 OHS Standard Terms and Conditions 3) The public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U .S.C . 78m{a}, 78o(d)) or Section 6104 of the Internal Revenue Code of 1986 . (To determine if the public has access to the compensation information. see the U .S . Security and Exchange Commission total compensation filings at hltp:llwww.sec.gov/answerslexecomp.htm .) b. Where and when to report. Recipients must report executive total compensation described in paragraph 2 .a. of this award term: 1) As part of the recipient's registration profile at https ://www .sam .gov. 2) By the end of the month following the month in which this award is made, and annually thereafter. 3. Reporting of Total Compensation of Sub recipient Executives. a. Applicability and what to report. Unless recipients are exempt as provided in paragraph 4 . of this award term, for each first-tier subrecipient under this award, recipients shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if- 1) In the subrecipient's preceding fiscal year. the subrecipient received- a) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 C .F.R. 170.320 (and subawards); and b) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards): and 2) The public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S .C . 78m(a). 78o(d)) or Section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www. sec. govlanswerslexecomp. htm.) b. Where and when to report. Subrecipients must report subrecipient executive total compensation described in paragraph 3.a . of th is award term : 1) To the recipient. 2) By the end of the month following the month during which recipients make the subaward . For example, if a subaward is obligated on any date during the month of October of a given year (i.e ., between October 1 and 31), subrecipients must report any required compensation information of the subrecipient by November 30 of that year. 4. Exemptions If, in the previous tax year, recipients had gross income, from all sources, under $300,000, then recipients are exempt from the requirements to report : a . Subawards, and b. The total compensation of the five most highly compensated executives of any subrecipient. OHS Standard Terms and Conditions Version 9 .1 8 April 17 , 2019 110419a HCBOC Page 159 DocuSign Envelope ID : F7D253F3-74F1-4AD5-A668 -DC55D786B748 2019 DHS Standard Terms and Conditions 5. Definitions For purposes of this award term: a. Entity: means all of the following, as defined in 2 C.F.R. Part 25: 1) A Governmental organization, which is a State, local government, or Indian tribe; 2) A foreign public entity; 3) A domestic or foreign nonprofit organization; 4) A domestic or foreign for-profit organization; 5) A federal agency, but only as a subrecipient under an award or subaward to a non- federal entity. b. Executive: means officers, managing partners, or any other employees in management positions. c. Subaward: means a legal instrument to provide support for the performance of any portion of the substantive project or program for which the recipient received this award and that the recipient awards to an eligible subrecipient. 1) The term does not include recipients procurement of property and services needed to carry out the project or program. 2) A subaward may be provided through any legal agreement, including an agreement that a recipient or a subrecipient considers a contract. d. Subrecipient: means an entity that: 1) Receives a subaward from the recipient under this award; and 2) Is accountable to the recipient for the use of the federal funds provided by the subaward. e. Total compensation: means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (See 17 C.F.R. § 229.402(c)(2)): 1) Salary and bonus. 2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments . 3) Earnings tor services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives. and are available generally to all salaried employees. 4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. 5) Above-market earnings on deferred compensation which is not tax-qualified. OHS Standard Terms and Conditions Version 9. 1 9 April 17, 2019 110419a HCBOC Page 160 DocuSign Envelope ID: F7D253F3-74F1-4AD5-A668-DC55D786B748 2019 DHS Standard Terms and Conditions 6) Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. XXX. SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. XXXI. Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. XXXII. Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons. 1. Provisions applicable to a recipient that is a private entity. a. Recipients, the employees, subrecipients under this award, and subrecipients' employees maynot- 1) Engage. in severe forms of trafficking in persons during the period of time the award is in effect ; 2) Procure a commercial sex act during the period of time that the award is in effect: or 3) Use forced labor in the performance of the award or subawards under the award. b. OHS may unilaterally terminate this award, without penalty, if a recipient or a subrecipient that is a private entity - 1) Is determined to have violated a prohibition in paragraph 1.a of this award term; or 2) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph 1.a of this award term through conduct that is either- a) Associated with performance under this award; or b) Imputed to recipients or subrecipients using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C .F .R. Part 180 , "OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 C.F.R. Part 3000. 2. Provision applicable to recipients other than a private entity. OHS may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity- a. Is determined to have violated an applicable proh ibition in paragraph 1.a of th is award term; or b. Has an employee who is determined by the agency official authorized to terminate the OHS Standard Terms and Conditions Version 9.1 10 April 17, 2019 110419a HCBOC Page 161 Do cuSign Envelope ID : F70253 F3-74F1-4AD5-A668-DC55D7868748 2019 OHS Standard Terms and Conditions award to have violated an applicable prohibition in paragraph 1.a of this award term through conduct that is either- 1) Associated with performance under this award; or 2) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180, "OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 C.F .R. Part 3000. 3. Provisions applicable to any recipient. a. Recipients must inform OHS immediately of any Information received from any source alleging a violation of a prohibition in paragraph 1.a of this award term . b. It is DHS's right to terminate unilaterally that is described in paragraph 1.b or 2 of this section : 1) Implements TVPA, Section 106(9) as amended by 22 U.S.C. 7104(g)), and 2) Is in addition to all other remedies for noncompliance that are available to us under this award. c. Recipients must include the requirements of paragraph 1.a of this award term in any subaward made to a private entity. 4. Definitions. For the purposes of this award term: a. Employee: means either: 1) An individual employed by a recipient or a subrecipient who is engaged in the performance of the project or program under this award; or 2) Another person engaged in the performance of the project or program under this award and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requ irements b . Forced labor: means labor obtained by any of the following methods: the recruitm e nt, harboring, transportation , provision, or obtaining of a person for labor or services , through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. c. Private e ntity: means any entity other than a state, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 C .F .R. § 175.25. It includes : 1) A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 C.F.R. § 175.25(b). 2) A for-profit orga nization . d. Severe forms of trafficking in persons. co mmercial sex act, and c oe rcion are defined in TVPA. Section 103, as amended (22 U.S .C . § 7102) OHS S tan dard Te rms and Conditions Versio n 9. 1 11 April 17. 2019 110419a HCBOC Page 162 DocuSign Envelope ID: F7D253F3-74F1-4AD5-A668-DC55D786B748 2019 OHS Standard Terms and Conditions XXXIII . Universal Identifier and System of Award Management 1. Requirement for System for A.ward Management Unless the recipient is exempted from this requirement under 2 C.F.R. 25.110, the recipient must maintain the currency of their information in the SAM until the recipient submits the final financial report required under this award or receive the final payment. whichever is later. This requires that the recipient review and update the information at least annually after the initial registration, and more frequently if required by changes in the recipient's information or another award term. 2. Requirement for unique entity identifier If recipients are authorized to make subawards under this award, they: a. Must notify potential subrecipients that no entity (see definition in paragraph 3 of this award term) may receive a subaward from the recipient unless the entity has provided its unique entity identifier to the recipient. b. May not make a subaward to an entity unless the entity has provided its unique entity identifier to the recipient. 3. Definitions For purposes of this award term: a. System for Award Management (SAM): means the federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found on SAM.gov. b. Unique entity identifier: means the identifier required for SAM registration to uniquely identify business entities. c. Entity: means all of the following, as defined at 2 C.F.R. Part 25, Subpart C: 1) A Governmental organization, which is a State, local government. or Indian Tribe; 2) A foreign pu blic entity; 3) A domestic or foreign nonprofit organization; 4) A domestic or foreign for-profit organization ; and 5) A Federal agency, but only as a subrecipient under an award or subaward to a non- Federal entity. d. Subaward: means a legal instrument to provide support for the performance of any portion of the substantive project or program for which a recipient received this award and that the recipient awards to an eligible subrecipient. 1) The term does not include the recipients procurement of property and services needed to carry out the project or program (for further explanation . see 2 C.F.R. 200.330). 2) A subaward may be provided through any legal agreement, including an agreement that a recipient considers a contract. OHS Standard Terms and Conditions Version 9. 1 12 April 17, 2019 110419a HCBOC Page 163 OocuSign Envelope 10: F7D253F3-7 4 F 1-4AD5-A668-0C55D786B7 48 2019 DHS Standard Terms and Conditions e. Subrecipienl means an entity that: 1) Receives a subaward from the recipient under this award; and 2) Is accountable to the recipient for the use of the Federal funds provided by the subaward. XXXIV. USA PATRIOT Act of2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U .S .C . §§ 175-175c. XXXV. Use of OHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAQ prior to using the DHS seal(s}, logos. crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. XXXVJ. Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U .S .C § 2409, 41 U .S.C . § 4712, and 10 U.S .C. § 2324, 41 U .S .C . §§ 4304 and 4310. OHS Standard Terms and Conditions Version 9. 1 13 April 17, 2019 110419a HCBOC Page 164 Board Meeting Agenda Item Agenda Item L.J -k MEETING DATE: November 4, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Approval of Lease Agreement with the Shawtown High School Alumni Assocation at the former Shawtown School Campus REQUESTED BY: Administration REQUEST: Administration requests approval of lease agreement with the Shawtown High School Alumni Association to occupy space within the building at 252 Irene Roberts Road, Lillington, on the former Shawtown School Campus. The lease agreement lays out the expectaitons and responsibilities of the County and Shawtown High School Alumni Association related to their occupancy of the designated space. The term of the lease agreement is for IO years at a cost of $1 per year. This entities currently occupies the space described in their lease agreement. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C :\U s ers\gwheeler\AppData\Local\M icro soft\ W indows\INetCache\Content. O utloo k\O Z M K66X 9 \Sha wtown Le ase Agreem ent Age nda Requ est 2.docx Page 1 of 2 110419a HCBOC Page 165 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 110419a HCBOC Page 166 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 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 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 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 110419a HCBOC Page 167 LESSOR: LESSEE: Paula Stewart County Manager Post Office Box 759 Lillington, North Carolina 27546 With copy to: Senior Staff Attorney Post Office Box 23 8 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 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 3 110419a HCBOC Page 168 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 110419a HCBOC Page 169 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 LESSO R'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 s 110419a HCBOC Page 170 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 hannless 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 conunence 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 conunencement 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 al1 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 under 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 6 110419a HCBOC Page 171 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 tenninate 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 interest 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 State 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 110419a HCBOC Page 172 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 Harnett County Board of Commissioners 8 110419a HCBOC Page 173 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 HARNETI 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 duiy sworn, deposes 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 110419a HCBOC Page 174 Board Meeting Agenda Item Agenda Item __ t/-&-_---'llli3"",.._----' MEETING DATE: November 4, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Approval of Lease Agreement with Johnston-Lee-Harnett Community Action at the former Shawtown School Campus REQUESTED BY: Administration REQUEST: Administration requests approval of lease agreement with the 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 agreement lays out the expectations and responsibilities of the County and this organization related to their occupancy of the designated space. The term of the lease agreement is for 10 years at a cost of $1 per year. This entities currently occupacy the space described in their lease agreement. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C :\ U sers\g wheeler\Ap pData\Local\M icrosoft\ Windows\JNetCache\Cont ent. Outloo k \OZMK66X 9\Shawto wn Lease Ag re ement Agenda Request 2.docx Pa ge I of 2 110419a HCBOC Page 175 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 ( 1 0) 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 110419a HCBOC Page 176 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 terrn 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 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 shal1 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 110419a HCBOC Page 177 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. l 0. 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 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 1 0 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 110419a HCBOC Page 178 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 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 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 such services, LESSEE shall obtain the written approval of LESSOR, which approval 4 110419a HCBOC Page 179 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 LESSO R'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 maintenance, presence, use, location or removal of any equipment, system, or other 5 110419a HCBOC Page 180 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-" or better by 11 Best's Insurance Guide." In the event LES SEE 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 sha11 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 6 110419a HCBOC Page 181 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 under 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) 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 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. 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 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. 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 110419a HCBOC Page 182 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. Sever ability. 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. LESSEE: JOHNSTON-LEE-HARNETT COMMUNITY ACTION Name: -------------- Title: --------------- LESSOR: COUNTY OF HARNETT 8 110419a HCBOC Page 183 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- Hamett 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, deposes 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 Hamett County. Witness my hand and notarial seal this __ day of ______ ,. 2019. Notary Public My Commission Expires: ______ _ 9 110419a HCBOC Page 184 November 4, 2019 APPOINTMENTS NEEDED ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE Laurinda Southerland would like to be reappointed. Th ere are (5) va canci es on thi s committee. BOARD OF HEAL TH There i s (I ) vac an cy for an engineer positi on on this bo ar d. HARNETT COUNTY BOARD OF ADJUSTMENT AGENDA ITEM 6 Chris Home would like to serve as a District 3 alternate. (aJ)plication attached). There ar e v acancies for alternate members representing District 3, 4, and 5 on this Board . HARNETT COUNTY PARKS AND RECREATION ADVISORY There i s a vacancy for District 1 and District 5 HARNETT REGIONAL JETPORT COMMITTEE Upon the recommendation of the Economic Development Council , request to appoint Jeff Whittington to this committee. T her e is a vacancy fo r Di stri ct 4. HIST ORIC PROPERTIES COMMISSION Th er e is (1) vacancy for Di strict 3 and ( 1) v acancy fo r an a lternate on this commi tt ee. NURSING HOME COMMUNITY ADVISORY COMMITTEE There are (2) vacan cies o n th is committee. RESEARCH TRIANGLE REGIONAL PARTNERSHIP Upon recommendation of the Economic Development Commission, request to ap_I)oint the following: Commissioner Howard Penny, Dr. Lisa Chapman, Angie Stewart SANDHILLS CENTER Tonya-M. Gray be appointed to serve on this board. (see attached). SOUTHEASTERN E CONOMIC DE VE LOPMENT COMMISSION Th ere i s o ne vacancy to serve on thi s bo ard. 110419a HCBOC Page 185 <f;iv)-0 JJ I ,Ne -l-o be. feafpo ,· vi. fe J APPLICATION TO SERVE ON A BOARD APPOINTED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS NAME: ~UA<'.J~i...UU.<i...c:........,µ...,,,,...~µ.&,..£..i.d.._~_...a..=~~./---l&..l~-------. .A/(: __ _ ADDRESS:c;z--1-=...e........L.LL-C!w~~-&,,£._L..L..a:...:i;:.....L..-+--=-=...!...._---'~=-=+__i__.=..!:...J...._+--/ V_ 1 ___ _ VO/ING DISTRICT: (Please check district number in which you live): M District 1, Commissioner McKoy's O District 4, Commissioner Springle's 0 District 2, Commissioner Elmore's D District 5, Commissioner Miller's D District 3, Commissioner Burgin' s TELEPHONE: ~oME(p~~ ~n.4J19lftiJ!fu PRESENT OCCUPATION: ~-/LA:~,,?l?ii1~, YEARS OF FORMAL EDUCATION: ----1£----,1-_+ __________ ~------- CIVIC AND FRATERNAL ORGANIZATIO:?:-JS IN WHICH YOU C ~~~~~~~~~ DA~O/~GNA~/??~ •••••••••••••••••••••••••••••••••••••••• FOR OFFICE USE ONLY: DATE RECEIVED: __ _._l_._l ~--=-I ~.._ .. ____:_:,,L ........ 5'--------------- DATE FORWARDED TO COUNTY COMMISSIONERS: ______________ _ 110419a HCBOC Page 186 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: .,. .,. Harnett Website Friday, October 4, 2019 3:05 PM Shannon Eason Application to Serve on a Board · Harnett • COUNTY Harnett County Board of Adjustment District 3 Chris Horne 46 Sherman Pines Drive Chris Home Fuquay-Varina 27526 843-471-4494 MsChrisHorne@gmail.com 8 Web 51te klguirr_ Receiet Berkeley County GOP -1st Chair 2008-2012 Precinct Captain -Berkeley County -2004 -2016 Board of Zoning Appeals -2002 -2005 Operations Committee Member Economic Development Committee Member The Bridge -Board of Directors -2000 to 2008 The Charleston Tea Party -Founding Member 2008 -2012 Administrative Services Committee Member Finance Committee Member Land Use Committee Member Community Services Committee Hurricane Matthew Meeting District 5 Berkeley County Land Development and Subdivision Regulations Task Force District No. 5 l moved here a year ago and I am very impressed by the community services and the willingness of the people to get active and actua11y work to make a difference. I believe my experience in community organizing and expertise in marketing will serve you and the community very we11. 1 110419a HCBOC Page 187 Board Meeting Agenda Item MEETING DA TE: November 4, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Appointment to Harnett Regional Jetport Committee REQUESTED BY: Angie Stewart, Economic Development REQUEST: Upon the recommendation of the Harnett County Economic Development Council , request to appoint Jeff Whittington to the Harnett Regional Jetport Committee. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: S :\Harnett Regional Jetport\agendafonn2019 Jeff Whittington C omm Appt.docx I of I Page 110419a HCBOC Page 188 Board Meeting Agenda Item MEETING DATE: November 4, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Appointments to Research Triangle Regional Partnership Board of Directors REQUESTED BY: Angie Stewart, Economic Development REQUEST: Upon the recommendation of the Harnett County Economic Development Council, request to appoint the following to the Research Triangle Regional Partnership Board of Directors: Howard Penny Dr. Lisa Chapman Angie Stewart FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users \astewart\Desktop\agendafonn2019 Bd appointment.docx I of2 Page 110419a HCBOC Page 189 Shannon Eason From: Sent: To: Subject: I Board: 1 Voting j District: ' I Name: I 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 Friday, July 19, 2019 8:06 PM Shannon Eason Application to Serve on a Board ·;, Harnett COIJNT'r Sandhills Center for MHDDSAS District 4 Tonya M. Gray 1299 McArthur Road Broadway 27505 919-721-2210 tmgray@outlook.com 22+ Web Site b1quirr_ Receipt Hamett County Council for Women (prior appointment); Sandhills Center MH/DD/SAS (prior appointment); N011h Caroli na Coalition Against Domestic Violence Board of Directors I am a licensed clinical social worker and licensed clinical addictions specialist, with a vested inte res t in mh/dd /sas services in our community. I was previously appointed to this board, but had to resign due to the critical illness and death of my partner in 2018. Tonya M . Gray I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Tenns of Acceptance. ·------~ 110419a HCBOC Page 190 PROPOSAL For Agenda Item __ """'2 ____ _ R ED BARN COMMUNITY FREE T HANKSGIVING MEAL Assisted by Harnett County Commission for Women and Youth (HCCWY) Each year, the Red Barn Restaurant in Angier, NC opens its doors to serve T han ksgiving meals to individuals in need in the community. This year the women of HCCWY will help assist the Red Barn with their needs in order to support the women and children of this county. The purpose or reason for this event is to provide a fresh, hot cooked meal for those in need during the Thanksgiving holiday. People in need are encouraged to come to the restaurant to eat and fellowship with others. Meals are also delivered to those that are unable to travel to the restaurant. Which is an awesome idea because the Red Barn members are able to reach more people that are at risk of missing a meal due to unforeseen circumstances. The event has been held on the eve of Thanksgiving. This year, the meal will be held on Wednesday, November 27, 2019. The time is tentatively set for it to begin at 5 pm and end at 8 pm. What is needed from the County Commissioners is a budget of approximately $300.00. This will assist with the needs of the Red Barn team in purchasing disposable supplies like take out containers, and eating utensil sets for people that are not able to get to the Red Barn. Additionally, they will need disposable plates for the individuals that are able to fellowship in the restaurant. The team will also like help getting the word out, such as signage, or any other method s. The Red Barn staff are responsible for cooking the meals, therefore, funds for a caterer are not necessa ry. In the past, they have relied on Food Lion to donate the turkeys. A local church works with them each year and helps with the desserts and other di s he s. Last year, their numbers served reached over 425 people. It is suggested that we purchase enough for at least 500 people. I recommend that the budget be used for the following: • Members Mark Hefty Supreme 3 compartment hinged lid containers 125 count $11. 78 (x2) Total= $23.56 plus taxes • Dixie Wrapped Cutlery Kit (knife, fork, s poon, napkin) 250 count (I only) $36.62 plus taxes • Hefty Supreme 3-Section plates 200 count (2) $13.98 = $27.96 plus taxes • Money for signs to advertise $200 HCC WY members will be needed to assist with serving the meals as well as assist with delivery. The church members will also be responsible for meal delivery. It would be nice to have me mbers of the Board of Commissioners present as well. Currently, the only t hing that we will need o uts ide of the budget. assistance from HCC WY members and County Commissioners as previous ly noted. Respectfully Submitted by, Tracy Berry, Chair for HCC WY 110419a HCBOC Page 191 BYLAWS HARNETT COUNTY COMMISSION FOR WOMEN AND YOUTH ARTICLE I-NAME This organization shall be known as the Hamett County Commission for Women and Youth and hereafter is referred to as HCCWY. Section 1. Section 2. Section 3. Section 4. Sections. Secti on 6. ARTICLE II-OBJECTIVES To identify and assess the needs of Hamett County's women and youth. To educate and advocate on behalf of Hamett County's women and youth. To acknowledge and honor women and their role as vital contributors to Hamett County . As well as working to nurture Hamett County's youth as a way to prep are t hem for their future. To collaborate with groups and individuals involved in activities on the status of women and youth. To provide information to the Hamett County Board of Commissioners on the needs and the issues important to Hamett County's women and youth. To seek support from the Hcmett County Board of Commissioners for program funding and the passage ofordinances relating to the needs of women and youth . ARTICLE Ill-MEMBERSHIP Section 1. The HCCWY will consist ofno more than 13 citizens appointed by the Hamett County Board of Commissioners. a. One member shall be appointed from each of the five Commissioners' Districts, and be a resident of that district. These members shall be appointed for three-year terms. b. Up to eight members shall be appointed from Hamett County "at large ." These members may live or work in Hamett County and shall likewise be appointed for three -year terms. -- Section 2. Each member shall actively support the work of the HCCWY and serve on at least one committee. Adopted fi~uem1v: (, I 2017 1 110419a HCBOC Page 192 Add-on S\t~Jes+ Board Meeting Y -k Agenda Item 1 1 1 Nov~ ber '"-I MEETING DATE: 0£t01:ter 21, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Sole Source Purchasing Request REQUESTED BY: Steve Ward, HRW Director REQUEST: This is a formal request for the Board to authorize the purchase of upgraded encrypted radios for our SCAD A system from Custom Controls Unlimited. CCU has provided all of our SCAD A equipment and is also the vendor we rely on for the majority of our controls maintenance as well. This request will allow us to maintain the exisiting standardization of SCADA equipment we have and enhance our cybersecurity against outside malicious hacking attempts. The amount of this upgrade is $174,000 and the funding was approved as part of the Repair and Maintenance Water Plant portion of the budget. Please place this item on the consent agenda at the next available meeting. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: \\hcfil ea\Puusers\sward \My Doc um ents\Agen da ltems\S ol e So urce Agen da Re quest 9-25-1 9.docx l of 1 Page 110419a HCBOC Page 193 To: Board of Directors Harnett County 2600 Garner Station Blvd . Raleigh , NC 27603 Office : 9194561-5556 Mobile : 919-812~553 Fax 919-661 -5557 devin.carroll@ccuinc.com 9/26/2019 The current radios at Fort Bragg are unencrypted and susceptible to man-in-the-middle attacks. It is best practice for critical water infrastructure to encrypt radio communications. This ensures data inte!:,:rrity and hardens the systems against cyber-attacks. This is especially important for Harnett County since the plant provides water to Fort Bragg. As a government contractor, we have extensive experience meeting the special requirements that are needed to keep communications safe and stay in compliance with OF ARS 252.204-7012 and NIST 800-171. In order to satisfy these requirements, Custom Controls recommends GE MOS Orbit radios which meet federal standards and include FIPS 140-2 validated encryption . We have extensive experience using these radios in secure environments and work closely with GE to provide a good experience for every customer. 110419a HCBOC Page 194 2600 Garner Station Blvd. Raleigh , NC 27603 Office : 919-661-5556 Mobile: 919-812-6553 Fax 919-661-5557 devin .carroll@ccu i nc.com 10/25/2019 To: Neill Thomas HCDPU Quote: CCU 021418dc1 R1 -HC/Radio Encryption Includes items related to: Valid Until: Scope: A. Water System Encrypted Radio Upgrade Custom Controls Unlimited (CCU) is pleased to offer the following QUOTE based on the below equipment and services. A. Water System Encrypted Radio Upgrade 1. Hardware Provided by CCU Inc.: • Fifty-Five (55) GE MDS Orbit, Encrypted 900 mHz Radios • PLC to Radio Data Cables • Misc Wire, Terminal Blocks and Fuses 2. Services Provided by CCU Inc .: • Network Design • Factory Testing • Radio Programming • Installation with assistance from Hamett County Staff • Testing and Startup 3. Services NOT Provided by CCU Inc.: • Any Services or Hardware not specifically listed above. Pricing and Payment Terms Custom Controls Unlimited, Inc . will provide the materials and services listed above for a lump sum cost of: $173,300.00 Acceptance of Quote: We have read and understand all pages of this agreement and hereby acknowledge receipt of a copy hereof and realize the attached CUSTOM CONTROLS UNLIMITED, INC Conditions of Sale are part of this agreement. You are authorized to do the work as specified . Cirde and initial qy the prices above to accept and a11thon·::;_e Notice to proceed. WITNESS OUR SIGNATURES, this the ____ day of _______ , 20 _. OWNER CCU Q21418dc 1 R 1 - H C/Radio Encryption 1/6 110419a HCBOC Page 195 FOR CUSTOM CONTROLS UNLIMITED, INC Signed by: ______________ _ Print Name: _______________ , Title: ________ _ nttS INB'fflUMENT HAS IEEN PREAUOITI:D IN TiiE MANNER REQUIRED ~~ ~~,~ CCU Q 2 141 8 dc 1 R 1 -H C/R adio Encryption 2/6 110419a HCBOC Page 196 CUSTOM CONTROLS UNLIMITED, INC CONDITIONS OF SALE 1. Performance of Obligations. The manner in which CCU's obligations are to be performed and the specific hours during which the obligations are to be performed shall be determined solely by CCU. CCU shall not be required to devote full time, attention, or energy to the performance of CCU's obligations under this Agreement. However, CCU shall work as many hours as may be reasonably necessary for CCU to fulfill its obligations under this Agreement. CCU shall supply at CCU's expense any instrumentalities required hy CCU for the performance of CCU's obligations hereunder. 2. Tenn. The term of this Agreement will commence on the date the last of the parties ' executes this Agreement and continue until terminated in accordance with paragraph 11 of this Agreement. Notwithstanding any other provisions of this paragraph, this Agreement will terminate automatically in the event of a party's bankruptcy. insolvency. or assignment for the benefit of creditors. 3 . Compensation. Payment terms are Net 30 days after receipt of correct invoice. Any amount due from Owner hereunder which is not paid when due shall bear interest at a rate equal to 1.5% per month, 18% per annum, (but in no event more than the maximum rate pennitted by law) from the date due until paid. Compensation paid pursuant to this Agreement shall not be subject to the customary withholding of income taxes and other employment taxes. CCU shall be solely responsible for reporting and paying any such taxes. 4 . Availability of Funds. Any and all payments by the Owner are expressly contingent upon and subject to the appropriation, allocation and availability of funds for the purposes set forth in this Agreement. If this Agreement or any Purchase Order issued hereunder is funded in whole or in part by federal funds, the Owner's performance and payment shall be subject to and contingent upon the continuing availability of said federal funds for the purposes of the Agreement or Purchase Order. If the term of this Agreement extends into fiscal years subsequent to that in which it is approved such continuation of the Agreement is expressly contingent upon the appropriation, allocation, and availability of funds by the Owner for the purposes set forth in the Agreement. If funds to effect payment are not available, the Owner will provide written notification to CCU. If the Agreement is terminated under this paragraph , CCU agrees to take back any affected Products and software not yet delivered under this Agreement, terminate any Services supplied to the Owner under this Agreement, and relieve the Owner of any further obligation thereof. The Owner shall remit payment for Goods and Services accepted prior to the date of the aforesaid notice in conformance with the payment terms . 5. Indemnification and Release. Owner shall indemnify, defend, and hold CCU and its parents, subsidiaries, affiliates, officers, employees, and licensors, harmless from any and all claims, demands, actions, damages. losses, liability, costs, and expenses, excluding actual attorney fees, brought by any third party, arising out of or by virtue of any direct or indirect act of negligence of Owner; or Owner's failure to comply with any requirements of any governmental authorities. CCU shall indemnify, defend , and hold Owner and its Board of Commissioners, subsidiaries, affiliates, officers, employees, and licensors, harmless from any and all claims, demands, actions, damages, losses, liability, costs, and expenses, excluding actual attorney fees, brought by any third party, arising out of or by virtue of any direct or indirect act of negligence of CCU; or CCU's failure to comply with any requirements of any governmental authorities. 6. Warranty: CCU warrants the products shall conform to the description contained in this agreement and be free from defects in material and workmanship for a period of one (I) year from the date the products are initially placed in operation, or 18 months from when the products are shipped, whichever occurs first, provided that the products are stored, maintained and operated so as to protect the products from harm or damage due to any cause but not limited to fire, water, inclement weather, lightening, extreme temperatures, and not subjected to misuse, neglect or accident. Upon prompt written notice of and determination that such defect is covered under the foregoing warranty, CCU's responsibility is limited to correction of the defect by . at ccu· s option, repair or replacement of the defective part or parts. Unless stated elsewhere herein, CCU provides no warranty of product performance or process results. The foregoing warranties are exclusive and in lieu of all other warranties of any kind, including any implied warranty of merchantability or fitness for a particular purpose. 7. Software. Software created on this project by CCU is owned by CCU. If noted in the scope of work, CCU may authorize use of this software inside the Owner's organization only. Authorized use includes ability to modify the software. by the Owner at the Owner"s risk. Under no circumstance is the Owner, agent or third CCU Q21418dc 1 R 1 - H C/Radio Encryption 3/6 110419a HCBOC Page 197 party contractor of the Owner authorized to distribute or use software created by CCU at loc ations other than the Owner's facilities . 8. Limitation on Damages. Parties to this Contract shall not be liable under any circumstances for any special, consequential, incidental, or exemplary damages arising out of or in any way connected with this Agreement or the services provided, including, but not limited to, damages for lost profits, anticipated sales, compensation, reimbursement, good will for expenditures , investments , leases, or any other commitments in connection with the bu siness of either Party, or damages to third parties . The Parties ' liability is limited to the extent pennitted by law in states that do not allow the exclusion or limitation of liability for consequential or incidental damages. 9. Worker·s Compen sation and Employer's Liability In surance: CCU agrees it will maintain in force, at its own expen se, Workers' Compen sation in surance as required by the laws of the State of North Carolina as will protect it from claims under the North Carolina Workers' Compensation Act and Employer's Liability insurance with limits no less than $ l 00 ,000 per accident and shall file with the Owner a certificate of such insurance noting the County of Hamett as the certificate holder. I 0. Commercial General Liability and Automobile Liability In s urance : The CCU agrees it will maintain in force , at its own expense, a commercial liability and automobile liability in s urance policy which will insure and indemnify CCU and the Owner, the County of Hamett Board of Commissioners and each member thereof, and every officer and employee of the Owner from any suits , claims or action s brought by any person or person s and from all co st s and expenses of litigation brought against the Owner for such injuries to persons or damage to property occurring during the Contract or thereafter that result from performance by CCU of the obligations set forth in thi s contract shall maintain limits no less than: a . Commercial General Liability that will protect CCU from claims of bodily injury, personal injury and property damage which ari ses from the operations of thi s Contract. The amounts of such insurance coverage shall not be less than $1,000,000.00 per occurrence and $2,000,000 .00 aggregate coverage. b. Comprehensive Automobile Liability covering owned , non-owned , and hired vehicles used in the perfonnance of this Contract in the amounts not less than $1,000,000.00 combined single limit per accident for bodily injury and property damage . c. The County of Hamett, shall be named as an additional insured on said policy . Said policy shall be issued by an insurer rated in the Best's Insurance Guide with a financial rating of AAA or better. Said policy shall provide that the insurance coverage shall not be canceled or reduced by the insurance carrier without the Owner having been given ten ( l 0) days prior written notice thereof by such carrier. The CCU agrees he will not cancel or reduce said insurance coverage. d. At all times during the term of this contract, and for one year after acceptance of the project, the CCU shall maintain on file with the Owner a certificate of insurance carrier or carrier s showing the aforesaid in s urance policy is in effect in the amount above provided . Notwithstanding any other provisions to the contrary contained in this contract, the CCU shall not have the right to perform the work under this contract until such certificate is filed with the Owner. The date of termination or canceJlation of said insurance policy is in no way to be construed as a limit of the liability of CCU . 11 . No Third-Party Beneficiary . It is the explicit intention of the parties hereto, that no person or entity, other than the parties, is or shaJI be entitled to bring any action to enforce any provision of this Agreement against either of the parties, and the covenants, undertakings, and agreements set forth in this Agreement shall be solely for the benefit of and shall be enforceable only by the parties hereto or their respective pennitted s uccess ors or assign s hereunder. 12 . Termination . Any notice or tennination made under this Contract shall be transmitted via US Mail, Certified Return Receipt Requested . The period of notice for termination shall begin on the day the return receipt is signed and dated. a. The parties may mutually tenninate this Contract by written agreement at any time. h . Tennination for Cause: In the event any goods, software, or service furnished by CCU during perfonnance of any Contract term fails to conform to any material requirement of the Contract, and the failure is not cured within ten (l 0) business days after providing written notice thereof to CCU , the Owner may cancel the Contract, in whole or in part, and procure the articles or services from other sources. CCU Q21418dc 1 R 1 -H C /Radio Encryption 4/6 110419a HCBOC Page 198 This agreement may be terminated by CCU, in whole or in part, whenever Owner defaults in its perfonnance in any manner and fails to remedy same within ten { I 0) business days after receipt of notice setting forth the default. 13. Independent Contractor. The parties acknowledge that CCU is an independent contractor and is not an agent, partner, joint venturer, nor employee Owner. Nothing shall operate to change or alter that relationship except further agreement between the parties in writing and specifically addressing the issue. Neither party shall have authority to bind or otherwise obligate the other in any manner nor shall either party represent to anyone that it has a right to do so. 14 . Immigration Reform and Control Act of 1986 : CCU , while engaged in carrying out any complying the terms and conditions of this Contract, certifies that it docs not knowingly employ any alien who is unauthorized to work . 15. E-Verify: CCU understands that E-Verify is the federal program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with §64-25(5) of the North Carolina General Statutes. Provided that CCU is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State, then the CCU understands and certifies that it shall verify the work authorization of the employee through E-Verify in accordance with §64-26{a) ofthe North Carolina General Statutes . CCU further certifies that their subcontractors comply with E-V erify pursuant to federal law, and CCU will ensure compliance with E-Verify by any subcontractors subsequently hired by CCU . 16. Force Majeure. Under no circumstances shall either party be held liable for any delay or failure in performance resulting directly or indirectly by acts of nature, forces, or causes beyond its reasonable control, including , without limitation: internet, computer equipment, telecommunication equipment, other equipment, or electrical power failures; riots: insurrections; civil disturbances; fires; floods; stonns; explosions; acts of God; war; governmental actions; orders of domestic or foreign courts or trihunals: or loss of or fluctuations in heat, light, or air conditioning. 17 . Binding Agreement. The provisions of this Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors, and assigns of the parties. Any provision hereof which imposes upon a party an obligation after termination or expiration of this Agreement shall survive terrnination or expiration hereof and be binding upon the party. 18. Choice of Law. The laws of the State of North Carolina shall govern the validity, perfonnance, construction, and enforcement of this Agreement without regard to choice of law provisions. By agreeing to the terrns of this Agreement, Owner consents to personal jurisdiction and venue in the Circuit Court for Hamett County, North Carolina with respect to all controversies, disputes, and claims. No litigation concerning a dispute or arising out of this agreement may be commenced by Owner more than one year after completion of work by CCU . 19 . Amendment. This Agreement may only be altered or amended in an instrument, in writing, signed by all the parties hereto. 20 . Waiver. No waiver of any provision of this Agreement shall be deemed , or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 21. Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage paid, addressed as follows: To Owner: Neill Thomas Public Utilities Post Otlice Box 1119 {mail) 700 McKinney Parkway (physical) Lillington , North Carolina 27546 With copy to: Senior Staff Attorney CCU Q21418dc1Rl -HC/Radio Encryption 516 110419a HCBOC Page 199 ToCCU: Post Office Box 238 (mail) 420 McKinney Parkway (physical) Lillington, North Carolina 27546 Devin Carroll 2600 Gamer Station Blvd Raleigh, NC 27603 with Copy tu: Michael Burger (Legal Counsel) NC Planning 22. Sevcrability. The invalidity of any portion of this Agreement will and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 23 . Entire Agreement. This Agreement constitutes the entire aweement between the parties pertaining to its subject matter and supersedes all prior contemporaneous agreements, representations, and understandings of the parties. 24. Counterparts and Facsimile Copies. This AgTeement may be executed in two or more counterparts, each of which shall be deemed an original. A facsimile copy or photocopy of this Agreement containing facsimile copies or photocopies of the signatures ur initials of any Party shall be binding. CCU Q21418dc1R1 -HC/Radio Encryption 6/6 110419a HCBOC Page 200