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Home My WebLink About111714a Agenda Package111714 HC BOC Page 1 111714 HC BOC Page 2 111714 HC BOC Page 3 HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting November 3, 2014 Agenda Item £ A The Harnett County Board of Commissioners met in regular session on Monday, November 3, 2014, in the Commissioners Meeting Room, County Administration Building, 1 02 East Front Street, Lillington, North Carolina. Members present: Staff present: Joe Miller, Chairman Gary House, Vice Chairman Jim Burgin, Commissioner Beatrice B. Hill, Commissioner Gordon Springle, Commissioner Tommy Bums, Harnett County Manager Joseph Jeffries, Deputy County Manager Dwight Snow, County Attorney Janet C. Smith, Staff Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk to the Board Chairman Miller called the meeting to order at 9:00am. Commissioner Springle led the pledge of allegiance and invocation. Chainnan Miller called for additions and deletions to the published agenda. Commissioner Burgin moved to approve the agenda as presented. Commissioner Hill seconded the motion which passed unanimously. Commissioner Burgin moved to approve the items listed on the consent agenda. Commissioner Springle seconded the motion which passed unanimously. 1. Minutes: October 6, 2014 Regular Meeting October 20, 2014 Regular Meeting 2. Budget Amendments: 136 Cooperative Extension Code 110-7300-465.32-31 4-H 110-0000-399.00-00 Fund Balance Appropriated 141 Health Department Code 11 0-7 600-441.5 8-0 1 Training 110-7600-441.60-33 Materials & Supplies 110-7600-441.60-45 Drugs 110-7600-441.60-46 Medical Supplies 110-7600-441.60-33 Dues & Subscriptions 2,000 increase 2,000 increase 6,000 increase 15,101 increase 82,726 increase 36,000 increase 4,000 increase November 3, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 4 111714 HC BOC Page 4 141 Health Department continued Code 110-7600-441.64-25 Books & Publications 110-0000-399.00-00 Fund Balance Appropriated 142 Health Department Code 110-7600-441.60-45 Drugs 110-0000-331.76-12 Family Planning 143 Health Department Code 110-7600-441.60-33 Materials & Supplies 110-7600-441.60-45 Drugs 110-7600-441.64-25 Books & Publications 110-0000-353.76-04 Precepting Interns 14 7 Cooperative Extension Code 11 0-73 00-465.11-00 Salaries & Wages 110-7300-465.11-13 Salaries & Wages Vacation Payout 110-7300-465.11-06 Salaries & Wages Comp Time Payout 149 Health Department Code 11 0-7 600-441.11-00 Salaries & Wages 110-7600-441.21-00 Group Insurance 1 I 0-7600-441.21-05 Clinic 110-7600-441.22-00 FICA 110-7600-441.23-00 Retirement 110-7600-441.25-10 Unemployment 110-7600-441.26-08 Worker's Compensations 110-7600-441.54-26 Advertising 110-7600-441.60-33 Materials & Supplies 110-7600-441.64-25 Books & Publications 110-0000-334.76-23 Healthy Communities 150 Social Services Code 110-7710-441.88-65 SHIPP Medicare Outreach 110-7710-441.89-20 Central Electric Donation 110-7710-441.89-30 Fuel Fund Donation 110-7710-441.89-40 General Agency Donation 110-7710-441.89-50 Elderly Assistance Donation 110-7710-441.89-60 Foster Care Donation 110-7710-441.89-70 Christmas Cheer 110-7710-441.88-15 Special Needs Adoptions 110-7700-441.33-45 Contracted Services (Mise) 110-0000-399.00-00 Fund Balance Appropriated 110-0000-330.77-01 Social Services Administration 110-0000-353.06-00 Donations-Social Services 3,000 increase 146,827 increase 1,536 decrease 1,536 decrease 5,000 increase 2,500 increase 2,500 increase 1 0,000 increase 4,670 decrease 4,669 increase 1 increase 4,800 increase 854 increase 37 increase 367 increase 3 3 9 increase 48 increase 55 increase 2,000 increase 1,757 increase 3,500 increase 13,757 increase 2, 785 increase 1, 750 increase 217 increase 314 increase 3,248 increase 262 increase 322 increase 20,907 increase 68,003 increase 29,018 increase 68,003 increase 787 increase November 3, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 4 111714 HC BOC Page 5 3. Tax refunds, rebates and releases (Attachment 1) 4. Harnett County Staff Attorney requested public disclosure per NCGS 143-318.11 (a)(3) of the claim by Harnett County against Christopher Shannon Holland. A copy of the voluntary dismissal and promissory note was provided. Harnett County resolved the matter for the full amount of money owed $48,026.36. Mr. Holland has paid $1 0,000 toward the balance pursuant to the terms of the promissory note and will pay the remaining balance with six percent interest on a monthly basis. Mr. Holland will be allowed to use the landfill on a cash only basis. 5. Harnett County Public Utilities requested approval ofwrite-offs for the third quarter of 2014 in the amount of$23,662.45. All of these accounts have been delinquent for more than three years. The facilitation of these write-offs is an important step in a continuing effort to effectively manage our collections and bad debt. HCDPU is currently using the Local Government Debt Setoff Program and On-Line Collections, Inc. to help collect our delinquent accounts. 6. Summerville Bunnlevel Fire & Rescue, Inc. requested approval to purchase a 1992 International 2674 General Fire Safety Engine with a 65' Telesquirt Aerial Ladder/Water Tower in the amount of $35,000. The department has the funds available for this purchase and no financing will be required. 7. Airport Administrator requested approval of the Harnett County Jetport Drainage Outfall Capital Project Ordinance and a NC DOT/DOA grant application, and receipt if awarded, for aid related to the drainage outfall improvements required at Runway 5 in the amount of $457,933 with a 10% local match of $45,793. Airport Administrator also requested approval for the County Manager to sign the grant application. 8. County Engineer requested approval of a final adjusting change order for the Dunn-Erwin Landfill Sanitary Sewer Pump Station, Force Main & Groundwater Extraction Change Order #3 reducing the contract total in the amount of$12,755. Chairman Miller opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. -Kris Nystrom of 391 Center Lane in Bunnlevel, who is a substitute teacher, spoke about the lack of and the state of the books in the classrooms. Mr. Nystrom said he is not happy with the Bond because he doesn't think it is enough and he doesn't believe the money is being spent wisely. He said a $62 Million high school seems excessive and he doesn't think major improvements or maintenance at other schools are being addressed. He said whatever solution we have we don't need to dump it on the teachers. Mr. Nystrom said we need to make rules, we need to make them known to the students, and then we are going to have to make examples of the students that tend to break them. -Anne Jones of751 Oak Valley Farm Road in Coats said she is speaking on behalf of the special people and adult handicaps of Harnett County. Mrs. Jones asked the Board to reconsider a forthcoming recommendation for charges ($2 per trip, $4 round trip) to those November 3, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of4 111714 HC BOC Page 6 who ride the HARTS vans to HPE or JCI. Mrs. Jones said she realizes HARTS deficient but these individuals are on fixed incomes. Commissioner Springle moved to approve the appointments listed below. Commissioner Hill seconded the motion which passed unanimously. CEMETERY BOARD OF TRUSTEES Melanie Collins (nominated by Commissioner Hill) was reappointed to serve on this Board for an additional term of 3 years expiring November 3, 2017. Victoria Rodriguez (nominated by Commissioner Hill) was appointed to serve on this Board for a term of3 years expiring November 3, 2017. County Manager Mr. Burns presented the following report: -Sandhills Center Quarterly Fiscal Report for the period ending September 30, 2014. Mr. Burns noted staffhad reached out to Cape Fear Valley Administration and will hopefully have a meeting set up with them soon. He noted staffhas a few more details ofthe management agreement and will provide an update at an upcoming special session. Mr. Burns also noted that the Department of Social Services is collecting donations for the Christmas Cheer Program. This program allows them to provide the elderly gifts at Christmas. Lastly, Mr. Burns reminded the Board of the Treatment Court Graduation on November 12th at 2:00pm in courtroom six on the third floor. Chairman Miller called for any new business. Commissioner Hill announced the upcoming dedication ceremony of the 20th home built by Harnett County Habitat for Humanity on Saturday, November 8, 2014 at 10:00 am in Angier. Vice Chairman House moved that the Board go into closed session to consult with the County's legal staff in order to preserve the attorney-client privilege concerning a certain legal actions entitled, "Marziano, et al vs Rogers" Harnett County File No. 12 CVS 2191; and "Mark Murdock vs County of Harnett" I.C. File No. 13-727636. Motion is made pursuant to N.C. General Statute Section 143-318.11 (a)(3). Commissioner Springle seconded the motion which passed unanimously. Commissioner Burgin moved that the Board come out of closed session. Commissioner Springle seconded the motion which passed unanimously. Commissioner Burgin moved to adjourn the meeting at 9:37am. Commissioner Hill seconded the motion which passed unanimously. Joe Miller, Chairman Margaret Regina Wheeler, Clerk November 3, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of4 111714 HC BOC Page 7 HARNETT COUI"TY BOARD OF COMMISSIONERS Minutes of Special Session October 28, 2014 The Harnett County Board of Commissioners met in special session on Tuesday, October 28, 2014, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Joe Miller, Chairman Gary House, Vice Chairman Jim Burgin, Commissioner Beatrice B. Hill, Commissioner Members absent: Gordon Springle, Commissioner Staff present: Tommy Bums, Harnett County Manager Joseph Jeffries, Deputy County Manager Dwight Snow, County Attorney Janet C. Smith, Staff Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk to the Board Chairman Miller called the meeting to order at 9:00 am. Commissioner Burgin led the pledge of allegiance and invocation. The following agenda was before commissioners: 1) Summerville Bunnlevel Fire & Rescue, Inc. is requesting approval to purchase a 1992 International2674 General Fire Safety Engine with a 65' Telesquirt Aerial Ladder/Water Tower. 2) Discussion regarding the Harnett County Schools Revised Capital Outlay Project List 3) Finance Officer's Report-September 2014 4) County Manager's Report 5) Regular Meeting Agenda Review Mr. Gary Pope, Director of Emergency Services, noted that it states in their contract that fire departments must come before the Board of Commissioners if they wish to spend over $20,000 if not included in their current approved budget. Mr. Leo McDonald, President of the Board of Directors, and ChiefMelvin Yow presented Summerville Bunnlevel Fire & Rescue, Inc.'s request to purchase a 1992 Intemational2674 General Fire Safety Engine with a 65' Telesquirt Aerial Ladder/Water Tower. Mr. McDonald reported that they have the funds available for this October 28, 2014, Special Session Minutes Harnett County Board of Commissioners Page 1 of 4 111714 HC BOC Page 8 purchase and no financing would be required. He also noted out this apparatus would cost over $600,000 new. Chief Yow discussed the justifications and benefits of having such equipment. Chief Yow explained that the truck and equipment just became available on Gov Deal last week with an October 301h bid date. He has been assured that this truck is in excellent condition. Chief Yow also said staff would need to take several classes in a hurry if they get this equipment. Given the bid date, it \Vas the consensus of the Board to move forward with bidding on the equipment not to exceed $35,000. Chief Yow also said they are very lucky to have junior firemen coming in who have been through the training at the Harnett Central Fire Academy. Mr. Pope said it is a great program. Chief Yow invited the group to a demonstration by the Harnett Central Fire Academy students at Yow's today at noon. Commissioners discussed the revised capital outlay project list submitted Harnett County Schools. Superintendent Frye had request that the projects on the revised list be funded from the capital outlay (114 cent sales tax) appropriation as approved by the Harnett County Board of Commissioners' Budget for fiscal year 2014/2015. Mr. Bums said the project list is being considered because they don't currently have a new capital construction project for the J;,; cent sales tax. Commissioners discussed the items on the revised capital outlay project list; trying to identify what were capital projects and what were repairs. Commissioner House said he believed the intent of the fund was to save money for capital project. Mrs. Honeycutt said the County has currently collected $424,000 from sales tax and noted we would have more by the time the schools go out for bid for any work. It was the consensus of the Board that the Harnett County Schools tentatively move forward with the plumbing replacement based on available funds. The Board acknowledged the projected costs provided were estimates. Having discussed all items on the list, commissioners believed that the plumbing replacement was the only capital project on the list provided and asked that the school board come back to them with other capital needs in the future. The group believes that the School Board already has the due diligence on the elementary school property covered but if due diligence is part of the new school then it may be done as part of the capital project. Commissioner Miller said he doesn't believed that the School Board has made a counter offer or done anything regarding that property yet. Mr. Bums reminded the group that the County will apply for the additional $2.2 million of QSCB funds in January 2015 and the School Board can use these funds for repairs in June 2015 when school is out. Commissioner Burgin asked Mrs. Honeycutt to find out what money the state allocates for a new school. He would like to know exactly what the state pays for when a brand new school us built. October 28, 2014, Special Session Minutes Harnett County Board of Commissioners Page 2 of 4 111714 HC BOC Page 9 Mrs. Honeycutt and Deputy Finance Officer Allen Coats presented Harnett County Financial Summary Report for September 2014 which included: I) General Fund: a) Cash and Investments 2) Public Utilities Fund: 3) Solid Waste Fund: 4) Medical Insurance Fund 5) Dental Insurance Fund b) Debt Service and Transfer Requirements Information regarding estimated fund balance Cash and Investments c) a) b) a) b) Debt Service and Transfer Requirements Cash and Investments Debt Service and Transfer Requirements Commissioner Burgin asked in the future if they would also include what we have spent this year compared to last year at this time; showing where we are month to month. The group discussed the general fund balance which Mrs. Honeycutt said was approximately $5 million at this time. She said the state only looks at the fund balance percentage at the end of the year from the audit. It was noted that the County will draw down some of Public Utilities' fund balance for a few months. The group discussed Public Utilities' Fund balance and upcoming debt payments, the Solid Waste Fund as well as the Medical and Dental Insurance Funds. Mrs. Honeycutt responded we currently have positive cash in the Workman's Camp account which is holding its own right now. Under the County Manager's Report, Public Utilities Director Steve Ward and Mr. Bums wanted to make the Board aware of a new amendment to a general statute regarding Senate Bill 744- Ratified, Water Infrastructure, Section 14.17: "§159G-37. Application to CWSRF, Wastewater Reserve, DWSRF, and Drinking Water Reserve now requires (b) Certification-The Division of Water Infrastructure shall require all local governments applying for loans or grants for water or wastewater purposes to certify that no funds received from water or wastewater utility operations have been transferred to the local government's general fund for the purpose of supplementing the resources of the general fund. The prohibition in this section shall not be interpreted to include payments made to the local government to reimburse the general fund for expenses paid from that fund that are reasonably allocable to the regular and ongoing operations of the utility, including, but not limited to, rent and shared facility costs, engineering and design work, plan review, and shared personnel costs." Mr. Ward said this looks like an attempt to say "maybe you don't need to be borrowing money from us if you have money to subsidize your local government's general fund". Mr. Ward said Public Utilities made application for a project in September and then received notice that this certification must be part of the application. Mr. Ward said Public Utilities has transferred $400,000 to the county's general fund for "economic development" for the past ten years and he is not sure how they will interpret that appropriation. October 28, 2014, Special Session Minutes Harnett County Board of Commissioners Page 3 of4 111714 HC BOC Page 10 Mr. Ward said there aren't many pots of state money left for them to borrow from. He said if their application is denied and they still want to do this project it would take approximately $5 Million of the Public Utilities General Fund. Mr. Bums noted that they are talking to Davenport about potential refunds in the future. Referencing the handout Mr. Ward shared regarding the new amendment to Senate Bill 744-Ratified, Water Infrastructure, Section 14.17, Commissioner Burgin asked if we had applied for or if the Town of Erwin could apply for the $500,000 grant to local governments in development tier two areas for water and sewer infrastructure projects [Section 14.17 A (1 )] to continue improvements in the Town of Erwin. Mr. Bums shared a copy of the new employee benefits guide printed by our insurance broker for county employees. Mr. Bums also reminded the group of the upcoming Treatment Court Graduation on ~ovember 121h at 2:00pm in courtroom six on the third floor. The group reviewed the November 3, 2014, regular meeting agenda. Chairman Miller inquired about the status of the floor at the Dunn-Erwin landfill. _;yfr. Jeffries said the process is on-going and they are in review now to fix and repair certain aspects of the floor. Staffbelieves the landfill will have to be closed again during repairs. Commissioner Burgin asked if the company responsible would incur the costs associated with the closure. Mr. Jeffries reported staff had filed for permits for new cells at both landfills. He also noted a public meeting with a resolution in support of that application forthcoming in November. Commissioner Burgin asked Mr. Snow to research the County's agreement with Harnett Health. Commissioner Burgin said there are some obligations from that organization to the County plus we have $2.5 Million dollars of tax payer money tied up in improvements at Brightwater. He asked what is the County's obligation and involvement. Commissioner Hill moved to adjourn the meeting at 10:13 am. Commissioner Burgin seconded the motion which passed 4 to 0. Joe Miller, Chairman Margaret Regina Wheeler, Clerk October 28, 2014, Special Session Minutes Harnett County Board of Commissioners Page 4 of 4 111714 HC BOC Page 11 Agenda Item 5-8 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015; Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7600-441.60-45 Drugs $ 418.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 11 0-0000-331 . 76-14 Maternal Health $ 418.00 EXPLANATION: To reduce State funds for Maternal Health. APPROVALS: Section 2. Copies of this budget amendment shall be furnished to the Clerk of the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler, Clerk to the Board day of ,2014 Joe Miller, Chairman Harnett County Board of Commissioners 111714 HC BOC Page 14 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015; Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7600-441.58-01 Training $ 500.00 110-7600-441.64-25 Books & Publications $ 500.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 11 0-0000-334.76-12 STD Prevention $ 1,000.00 EXPLANATION: To budget additional State funds received. APPROVALS: 1;-..\.:t., 9k~,¥f ~J Department Head (date) lD/ /l4 / ) 3/Jf Section 2. Copies of this budget amendment shall be furnished to the Clerk of the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler, Clerk to the Board day of ,2014 Joe Miller, Chairman Harnett County Board of Commissioners )53b 111714 HC BOC Page 15 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: ~\{)t)~ S 1 T d h +Rt~ SP =FMI6 h b h d ect1on . o amen t e , ... N GR N, t e appropriations are to %c a:~ as follows: A-;,>r("f)f-\ ~-b-.,.--\-12 ~ 2_ .-\, ~e'Y': .' EXPENDITURE \ AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 302-8300-406.54-01 Construction $230,291 302-8300-406-45-80 Contingency $230,291 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To reduce budget for Barnhill Contracting Change Order #5 APPROVAlS: Adopted this ______ day of ______ -'------- Joe Miller, Chairman Margaret Regina Wheeler Clerk to the Board Harnett County Board of Commissioners 111714 HC BOC Page 16 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the Planning Services Departments, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7210-465-11-00 SALARY & WAGES-AMPI 2132.00 110-7200-465-11-00 SALARY & WAGES-REGULAR 2132.00 110-7210-465-22-00 FICA TAX EXPENSE-AMP! 163.00 110-7200-465-22-00 FICA TAX EXPENSE-REGULAR 163.00 110-7210-465-23-00 RETIREMENT-AMP! 151.00 110-7200-465-23-00 RETIREMENT -REGULAR 151.00 110-7210-465-26-08 WORKMAN'S COMP-AMPI 138.00 110-7200-465-26-08 WORKMAN'S COMP-REGULAR 138.00 110-7210-465-25-10 UNEMPLOYMENT 21.00 110-7200-465-25-10 UNEMPLOYMENT 21.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To appropriate funds to accommodate Randy Baker's Reclassification Adopted this Margaret Regina Wheeler Clerk to the Board day of Joe Miller, Chairman Harnett County Board of Commissioners 111714 HC BOC Page 17 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the WIA Youth Program Fund, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 234-0000-331.74-05 Harnett In School Youth Program $15,000.00 234-0000-331.7 4-07 Harnett Out of School Youth Program $15,000.00 EXPLANATION: To cover Revenue changes in both programs due to a transfer of funds from the Harnett In School Youth Program to the Harnett County Out of School Youth Program in the amount of $15,000 to cover tuition, books, and fees for WIA Participants. APPROVAlS: unty Manager (date) H~!o( t ¥ Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler Clerk to the Board day of Joe Miller, Chairman Harnett County Board of Commissioners lJl b 111714 HC BOC Page 18 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the General Fund, Cooperative Extension, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7300-465-32-30 Family & Consumer Science (FCS) 200 110-7300-465-32-32 Community, Rural Development (CRD) 1,945 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-399.00-00 Appropriated funds 2,145 EXPlANATION: To budget funds for additional programs and events in FCS program and CRD program for 2014-15 fiscal year. Qh~ anagerldat~:/b[ r Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler Clerk to the Board day of Joe Miller, Chairman Harnett County Board of Commissioners 111714 HC BOC Page 19 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section l.To amend the Transportation, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-4650-410.12-00 Salary & Wages Part Time 16180 110-4650-410.22-00 FICA Tax Expense 1334 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-334.55-02 EDTAP Transportation Plan 8300 110-0000-334.55-05 RGP Transportation 41427 110-0000-334.77-04 Work First Transportation 32213 EXPlANATION: To reduce revenue and expenditure line items to balance budget with the amount allocated from FY15 NCDOT-ROAP Grant funds. APPROVAlS: ~ "4 ~/; · :.-r-/Jf ~ '-"-------, De rtment Head (date) · I! l j 1;' l } ~ Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this ______ day of ______ _, _______ _ Margaret Regina Wheeler Clerk to the Board Joe Miller, Chairman Harnett County Board of Commissioners 111714 HC BOC Page 20 Agenda Item s -C Date: 11/17/2014 Approved By:. ________ _ TO : HARNETI COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES i\ . ·.~~~~··otTax ~~~err<· fN<>, 1 POPE, BRENDA S City(CI03) 116.29 Incorrect Square Footage 0000043038-2014- 2014-000000 281.86 Refund County 165.57 2 PRESSLEY, WOODROW City 0.00 Military Exempt ALEX 0002099633-2013-131.10 Refund 2013-000000 County 131.10 3 STANLEY, MARGIE L City 0.00 Released 4 Solid Waste 0000050314-2009-Fees, Vacant 2009-000000 180.00 Refund County 180.00 4 STANLEY, MARGIE L City 0.00 Released 4 Solid Waste 0000050314-2010-Fees, Vacant 2010-000000 180.00 Refund County 180.00 5 STANLEY, MARGIE L Released 4 Solid Waste 0000050314-2011-City 0.00 Fees, Vacant 2011-000000 200.00 Refund County 200.00 6 STANLEY, MARGIE L City 0.00 Released 4 Solid Waste 0000050314-2012-280.00 Refund Fees, Vacant 2012-000000 County 280.00 7 STANLEY, MARGIE L City 0.00 Released 4 Solid Waste 0000050314-2013-280.00 Refund Fees, Vacant 2013-000000 County 280.00 S. KEITH FAULKNER City Total 116.29 Revenue Administrator County Total 1,416.67 Total to be 1,532.96 Refunded CC: S. KEITH FAULKNER 111714 HC BOC Page 21 Board Meeting Agenda Item Agenda Item MEETING DATE: November 17,2014 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Request permission to accept CCR&R Grant Funds REQUESTED BY: Tyrone L. Fisher, County Extension Director REQUEST: Harnett County Cooperative Extension requests permission to accept grant renewal for Child Care Block Grant from Child Care Networks, Inc. in the amount of$33,673 for the 2014-15 fiscal year. --------·------------·---------·--· --~--,-------------·-· ------- COUNTY MANAGER'S RECOMMENDATION: C:\U sers\swilliams\Desktop\County forms\agendaform20 14.doc 1 of 1 Page 111714 HC BOC Page 22 \ - I CHILD CARE \ ETWORKS a child care resource & referral agency ....... Signature Authorization Form PO Box 1531 33 Deegan Drive Pittsboro, NC27312 (919) 542-6644 FAX (919) 542-0902 We, the undersigned. agree that the following people arc authorized to sign the Financial Status Report (FSR). The signature(s) will be held on file. If an FSR is submitted and it is signed by someone other than the person or persons listed below, the FSR will be considered invalid, payment will not be made, and the FSR will be returned to the agency submitting the FSR. Agency's Name: Hr:u-N)-t (...,u .tfln]C b.i\d Cwe... -'Resp..JJ("c Q,) Mailing Address: tJ,C1 A~olli o-.. cx: . .i±f,~ t;,Jl;'\Y<Y>·I'Jear50 j ~ I Physical Address: J¢G.4L?J<e!#\,(zr J)-1 Sv.,de. 3ooJ ... ;lL.:y'""'l l'lc;n5Lf.6 Telephone Number: Cli0-'611.1-(oO:Sq Fax Number: qu ... '-f\'13-)S~$3' In signing the FSR. I agree with financial information presented on the FSR. Authorized Signer (1) ~lit. hs&?lL Ctip (Print: First Name, Last Name, and Title) Authorized Signer (2)/f applicable. (Print: First Name, Last Name. and Title) f DWVM 'f 5 U..Nt\ S 1 (J;:;iJ[\ ty m~ (Signature) (Date Completed) 111714 HC BOC Page 23 Memorandum of Understanding (MOU) By and bet\veen Child Care Net\vorks. Inc. & County of Harnett The purpose of this Memorandum of t:nderstanding is to define the responsibilities of each agency regarding the delivery of Consumer Education and Referral Services in North Carolina Child Care Resource & Referral Region 13 during the 2014-2015 fiscal year. I. The Lead CCR&R Agency (Child Care Networks, Inc.) agrees to: A. Provide Consumer Education and Referral (CER) services for clients in Region 13. including child care referrals. consumer education. and printed educational materials. B. Supervise and ensure the quality of regional CER services. C. Employ two part-time referral coordinators and provide back-up staff when the referral coordinators are not able to staff the call center for at least 30 hours during any week. D. Provide CER clients with information on the local partner agencies in the client's county. E. Complete client follow-up surveys as required by the NC CCR&R Council. F. Maintain the NACCRRAware database. to include entering. updating. checking the accuracy of. and deleting client. provider and community data. G. Send provider data to the local agency for review of accuracy at least annually. H. Send client data and referral numbers to the local agency monthly. according to the Region 13 Consumer Education and Referral Policies. I. Complete and submit CER reports to the NC CCR&R Council as requested. J. Distribute CER marketing materials throughout the region to community agencies and businesses. VI. The Local CCR&R Agency (County of Harnett) agrees to: A. Review provider data sent by the lead agency and report any updates that the local agency is mvare of. at least annually. B. Promote regional CER services at community meetings and with community partners. c. Provide the regional call center phone number on the agency website as well as a link to the region's Online Referral Module. D. Distribute CER marketing materials to agencies with which the local agency has contact and at community fairs in which the local agency participates. E. Provide data requested by the lead agency for completion of CER reports to the NC CCR&R CounciL such as data on public awareness activities on supply and demand. Child Care Networks, Inc. Erin Suwattana ExecutiveDirector Date 111714 HC BOC Page 24 Attachment A Contract# FY15·30719-003 RL13 County of Harnett Attachment A General Terms and Conditions Relationships of the Parties Independent Contractor: The Contractor is and shall be deemed to be an independent contractor in the performance of this contract and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. The Contractor represents that it has, or shall secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be employees of, or have any individual contractual relationship with, Child Care Networks, Inc. Subcontracting: The Contractor shall not subcontract any of the work contemplated under this contract without prior written approval from Child Care Networks, Inc. Any approved subcontract shall be subject to all conditions of this contract. Only the subcontractors specified in the contract documents are to be considered approved upon award of the contract Child Care Networks, Inc. shall not be obligated to pay for any work performed by any unapproved subcontractor. The Contractor shall be responsible for the performance of all of its subcontractors. Assignment: No assignment of the Contractor's obligations or the Contractor's right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority, the State may: (a) Forward the Contractor's payment check(s) directly to any person or entity designated by the Contractor, or (b) Include any person or entity designated by Contractor as a joint payee on the Contractor's payment check(s). In no event shall such approval and action obligate the State to anyone other than the Contractor and the Contractor shall remain responsible for fulfillment of all contract obligations. Beneficiaries: Except as herein specifically provided otherwise, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors It is expressly understood and agreed that the enforcement of the terms and conditions of this contract, and all rights of action relating to such enforcement, shall be strictly reserved to Child Care Networks, Inc. and the named Contractor. Nothing contained in this document shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of Child Care Networks, Inc. and Contractor that any such person or entity, other than Child Care Networks, Inc. or the Contractor, receiving services or benefits under this contract shall be deemed an incidental beneficiary only. DHHS/DCD0133/Attachment A General Terms & Conditions/Local Government Revised Fehruarv 2009 Indemnity and Insurance Indemnification: The Contractor agrees to indemnify and hold harmless Child Care Networks, Inc .. the State of North Carolina. and any of their officers, agents and employees, from any claims of third parties arising out of any act or omission of the Contractor in connection with the performance of this contract Default and Termination Termination Without Cause: Child Care Networks, Inc. may terminate this contract without cause by giving 30 days written notice to the Contractor. Termination for Cause: If, through any cause, the Contractor shall fail to fulfill its obligations under this contract in a timely and proper manner, Child Care Networks, Inc. shall have the right to terminate this contract by giving written notice to the Contractor and specifying the effective date thereof. In that event, all finished or unfinished deliverable items prepared by the Contractor under this contract shall, at the option of Child Care Networks, Inc., become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials, minus any payment or compensation previously made. Notwithstanding the foregoing provision, the Contractor shall not be relieved of liability to Child Care Networks. Inc. for damages sustained by Child Care Networks, Inc. by virtue of the Contractor's breach of this agreement, and Child Care Networks, Inc. may withhold any payment due the Contractor for the purpose of setoff until such time as the exact amount of damages due Child Care Networks, Inc. from such breach can be determined. In case of default by the Contractor, without limiting any other remedies for breach available to it Child Care Networks, Inc. may procure the contract service~ from other sources and hold the Contractor responsible for any excess cost occasioned thereby. The filing of a petition for bankruptcy by the Contractor shall be an act of default under this contract Waiver of Default: Waiver by Child Care Networks, Inc. of any default or breach in compliance with the terms of this contract by the Contractor shall not be deemed a waiver of any subsequent default or breach and shall not be construed to be modification of the terms of this contract unless stated to be such in writing, signed by an authorized representative of the Department and the Contractor and attached to the contract Availability of Funds: The parties to this contract agree and understand that the payment of the sums specified in this contract is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for this purpose to Child Care Networks, Inc. Page1of3 111714 HC BOC Page 25 Force Majeure: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war. hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Survival of Promises: All promises, requirements, terms, conditions, provisions. representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein. or unless superseded by applicable Federal or State statutes of limitation. Intellectual Property Rights Copyrights and Ownership of Deliverables: All deliverable items produced pursuant to this contract are the exclusive property of OCOEE. The Contractor shall not assert a claim of copyright or other property interest in such deliverables. Federal Intellectual Property Bankruptcy Protection Act: The Parties agree that Child Care Networks, Inc. shall be entitled to all rights and benefits of the Federal Intellectual Property Bankruptcy Protection Act, Public Law 100-506, codified at 11 U.S.C. 365 (n) and any amendments thereto. Compliance with Applicable Laws Compliance with Laws: The Contractor shall comply with all laws, ordinances, codes. rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority. Equal Employment Opportunity: The Contractor shall comply with all federal and State laws relating to equal employment opportunity. Health Insurance Portability and Accountability Act (HIPAA): The Contractor agrees that, if Child Care Networks, Inc. determines that some or all of the activities within the scope of this contract are subject to the Health Insurance Portability and Accountability Act of 1996, P.L. 104-91, as amended ("HIPAA"), or its implementing regulations, it will comply with the HIPAA requirements and will execute such agreements and practices as Child Care Networks, Inc. may require to ensure compliance. Executive Order# 24: "By Executive Order 24, issued by Governor Perdue, and N.C. G.S.§ 133-32, it is unlawful for any vendor or contractor ( i.e. architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror. seller, subcontractor, supplier, or vendor), to make gifts or to give favors to any State employee of the Governor's Cabinet Agencies (i.e., DHHSIOCD0133/Attachment A General Terms & Conditions/Local Government Dc"ic:-o.rl Co.hn ~~'" ?nno Attachment A Contract# FY15-30719-003 RL 13 County of Harnett Administration, Commerce, Correction, Crime Control and Public Safety, Cultural Resources, Environment and Natural Resources, Health and Human Services. Juvenile Justice and Delinquency Prevention, Revenue, Transportation, and the Office of the Governor). This prohibition covers those vendors and contractors who have a contract with a governmental agency; or have performed under such a contract within the past year; or anticipate bidding on such a contract in the future. For additional information regarding the specific requirements and exemptions, vendors and contractors are encouraged to review Executive Order 24 and G.S. Sec. 133-32. Executive Order 24 also encouraged and invited other State Agencies to implement the requirements and prohibitions of the Executive Order to their agencies. Vendors and contractors should contact other State Agencies to determine if those agencies have adopted Executive Order 24." Confidentiality Confidentiality: Any information, data, instruments, documents. studies or reports given to or prepared or assembled by the Contractor under this agreement shall be kept as confidential and not divulged or made available to any individual or organization without the prior written approval of Child Care Networks, Inc. The Contractor acknowledges that in receiving, storing, processing or otherwise dealing with any confidential information it will safeguard and not further disclose the information except as otherwise provided in this contract. Oversight Access to Persons and Records: The State Auditor shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7. Additionally, as the State funding authority, the Department of Health and Human Services shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions. Record Retention: Records shall not be destroyed, purged or disposed of without the express written consent of Child Care Networks, Inc. State basic records retention policy requires all grant records to be retained for a minimum of five years or until all audit exceptions have been resolved whichever is longer. If the contract is subject to federai policy and regulations, record retention may be longer than five years since records must be retained for a period of three years following submission of the final Federal Financial Status Report, if applicable, or three years following the submission of a revised final Federal Financial Page 2 of 3 111714 HC BOC Page 26 Status Report. Also. if any litigation, claim, negotiation, audit, disallowance action. or other action involving this Contract has been started before expiration of the five-year retention period described above, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular five- year period described above. whichever is later. Warranties and Certifications Date and Time Warranty: The Contractor warrants that the product(s) and service(s) furnished pursuant to this contract ("product" includes, without limitation, any piece of equipment, hardware. firmware, middleware, custom or commercial software, or internal components, subroutines, and interfaces therein) that perform any date and/or time data recognition function. calculation, or sequencing will support a four digit year format and will provide accurate date/time data and leap year calculations. This warranty shall survive the termination or expiration of this contract. Certification Regarding Collection of Taxes: G.S. 143- 59.1 bars the Secretary of Administration from entering into contracts with vendors that meet one of the conditions of G.S. 105-164.8(b) and yet refuse to collect use taxes on sales of tangible personal property to purchasers in North Carolina. The conditions include: (a) maintenance of a retail establishment or office; (b) presence of representatives in the State that solicit sales or transact business on behalf of the vendor; and (c) systematic exploitation of the market by media-assisted, media-facilitated, or media-solicited means. The Contractor certifies that it and all of its affiliates (if any) collect all required taxes. Miscellaneous Choice of Law: The validity of this contract and any of its terms or provisions, as well as the rights and duties of the parties to this contract, are governed by the laws of North Carolina. The Contractor, by signing this contract, agrees and submits, solely for matters concerning this Contract, to the exclusive jurisdiction of the courts of North Carolina and agrees, solely for such purpose, that the exclusive venue for any legal proceedings shall be Chatham County, North Carolina. The place of this contract and all transactions and agreements relating to it, and their situs and forum, shall be Chatham County, North Carolina, where all matters, whether sounding in contract or tort, relating to the validity, construction, interpretation, and enforcement shall be determined. Amendment: This contract may not be amended orally or by performance. Any amendment must be made in written form and executed by duly authorized representatives of Child Care Networks, Inc. and the Contractor. The Purchase and Contract Divisions of the NC Department of DHHS/OCD0133/Attachment A General Terms & Conditions/Local Government Revised February 2009 Attachment A Contract# F¥15·30719·003 RL 13 County of Harnett Administration and the NC Department of Health and Human Services shall give prior approval to any amendment to a contract awarded through those offices. Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this contract violates any applicable law, each such provision or requirement shall continue to be enforced to the extent it is not in violation of law or is not otherwise unenforceable and all other provisions and requirements of this contract shall remain in full force and effect. Headings: The Section and Paragraph headings in these General Terms and Conditions are not material parts of the agreement and should not be used to construe the meaning thereof. Key Personnel: The Contractor shall not replace any of the key personnel assigned to the performance of this contract without the prior written approval of Child Care Networks Inc. The term "key personnel" includes any and all person~ identified by as such in the contract documents and any other persons subsequently identified as key personnel by the written agreement of the parties. Care of Property: The Contractor agrees that it shall be responsible for the proper custody and care of any property furnished to it for use in connection with the performance of this contract and will reimburse Child Care Networks Inc for loss of, or damage to, such property. At the termin~tio~ of this contract, the Contractor shall contact Child Care Networks. Inc. for instructions as to the disposition of such property and shall comply with these instructions. Travel Expenses: Reimbursement to the Contractor for travel mileage, meals, lodging and other travel expenses incurred in the performance of this contract shall not exceed the rates published in the applicable State rules. International travel shall not be reimbursed under this contract. Sales/Use Tax Refunds: If eligible, the Contractor and all subcontractors shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this contract, pursuant to G.S. 105-164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their reimbursement reports. Advertising: The Contractor shall not use the award of this contract as a part of any news release or commercial advertising. Page 3 of 3 111714 HC BOC Page 27 FY2014-2015 Scope of Work Core Services Local CCR&R Agency Commitment Attac~ment B Contrat:t" FY15-3G719-003 RLI3 Coun(\ of Harnett As the Local CCR&R Agency under contract to Child Care Networks. Inc. to provide 1\iorth Carolina Division of Child Development and Early Education (NCDCDEE)-funded CCR&R Core Services in Region 13. the Contractor. Countv of Harnett commits to ensuring the successful deliverv of these "-' ... '-' .., services and attainment of project goals. outcomes and outputs within its local community and commits to \\ ork with other local CCR&R agencies across Region 13. In addition. Contractor agrees to support the success of all additional NCDCDEE-funded CCR&R services including. but not limited to. the Infant/Toddler Enhancement Project the School-Age Child Care Quality Improvement Project and the Promoting Healthy Social Behaviors in Child Care Settings Project. Contractor agrees to: l. regularly attend semi-annual meetings convened by the Regional Lead CCR&R Agency and leadership development/program area specific meetings as convened; 2. meet 911 county specific goals as agreed upon and specified in the Regional Lead CCR&R Agency's final R&R Council-approved contract for FYI5(regardless of the actual Contractor's specified use of CCR&R Core Service funds as approved by the Regional Lead CCR&R Agency): 3. provide information to the Regional Lead CCR&R Agency regarding the county(ies)'s progress tow·ard goal attainment: 4. provide county data on service delivery to its Regional Lead CCR&R Agency on a timely basis as required by the Regional Lead CCR&R Agency and the R&R Council: 5. submit Financial Status Report by the fifth (5th) of the month, unless otherwise requested by Child Care Networks. Inc.: 6. submit a line item budget and a plan for the distribution of resources within the county(ies); 7. adhere to statewide core services and special initiatives delivery protocols and expectations, as developed; 8. coordinate with other entities providing CCR&R, child and family services in region; 9. attend semi-annual meetings of local Smart Start Partnership Executive Directors and Resource and Referral Executive Directors within its region; 10. supervise all Core Service staff as required to ensure successful program outputs and outcomes. 11. notify the Regional Lead CCR&R Agency within one week of a change in key CCR&R staff to ensure continued communication between the local agency and the lead agency as well as OCOEE. Contractor also agrees to work cooperatively within their county and across the region to help ensure successful statewide and regional outcomes and outputs with respect to the following statewide goals: 1. Consumer education and referral and public awareness materials are available and offered in the two most commonly used languages.* 2. Consumer counseling provided meets the NC CCR&R Consumer Education standards.* 111714 HC BOC Page 28 Attachment B Contract~ FY 15-30719-003 RLl3 Count\ of Harnett 3. Professional development and technical assistance is provided in the two most commonlv used languages in each community. · 4. Appropriate professional development for child care providers is available. 5. Technical assistance is available for all levels identified in Core Services. including mandatorv technical assistance. ~ - 6. Appropriate data is collected and quality assurance measures are in place. 7. Customer satisfaction is regularly assessed and changes are made based on customer assessment. 8. Information required by the Regional Lead CCR&R Agency pe11aining to Core Services in the Contractor's service delivery area is compiled and fonvarded to the Regional Lead CCR&R agency on a periodic basis as specified by the Regional Lead CCR&R Agency and/or the CCR&R Council. 9. Contractors participating in a Regional Consumer Education and Referral Hub for Consumer Education and Referral services shall enter into a Memorandum of Understanding with the Regional Lead CCR&R Agency, outlining the responsibilities of both the contractor and the Regional Lead. Contractor further agrees to meet expected Core Services outcomes and outputs for Consumer Education & Referral, Professional Development and Technical Assistance (the outcomes and outputs identified below are defined as minimum and are to be met at the county level unless otherwise specified).If the Contractor is located in a CCR&R Region that has transitioned to a Regional Consumer Education and Referral Hub, the Contractor agrees to support the Lead Agency's efforts in meeting the Consumer Education & Referral outputs and outcomes as indicated below. Core Service Outputs: 1. Ensure 7% of populationof preschool children with all parents working receive referral services in each county. 2. Ensure 0.8% of population of school-age children receive referral services in each county. 3. Provide consumer education, training and technical assistance services in the two most commonlv used languages in each county. - 4. Ensure 90% of programs in each county issued a Corrective Action by DCDEE receive CCR&R Technical Assistance and/or training unless released from the assistance by DCDEE. 5. Ensure I 0% of preschool and school-age classrooms/homes in each county access technical assistance. 6. Ensure 45% of child care professionals in each county access training, professional development support services or one course at a community college or university. 7. Ensure the delivery or facilitation to at least three .5 CEU courses. CEU coursework content must be approved by a regionally accredited community college or university, a local education agency (LEA) or a member of the International Association for Continuing Education and Training (IACET). 8. Ensure 100% of licensed providers in each county are entered into ~ACCRRA ware. 9. Ensure 100% of preschool and school-age programs in public schools in each county are entered into NACCRRA ware. 10. NACCRRAware will be used to deliver child care referral services. 111714 HC BOC Page 29 Attachment B Contract # FY 15-307 19-003 RLJ 3 Count\ of Harnw II. Demonstrate the currency. accuracy and comprehensiveness of licensed and license-exempt child care program information for its region/community. 12. Conduct periodic data analysis to identify supply and demand issues. examine service comprehensiveness and examine service quality. 13. Conduct public awareness in each CCR&R region around the supply and demand of child care for children from birth to I 2 years. the availability of services. and/or the impact of child care on the community as a whole. 14. Offer at least one training in the CCR&R Region on each ofthe following: Emergency Preparedness. each component of the revised OCOEE Supervision Series. Partnering with Parents: Preventing Child Abuse and Neglect Scholarships/Sliding Fee Scale. DCDEE Subsidy Requirements. and North Carolina Foundations for Early Learning and Development. 15. Offer OCOEE approved Family Child Care Home Pre-Licensing Workshops at least two times per year in the CCR&R region or more as regionally appropriate. 16. Offer four trainings in the CCR&R region on Inclusion/Working with Children with Special Needs. I 7. Offer at least two trainings per year in the CCR&R region related to early childhood obesitv (topics may include nutrition and/or physical activity). I 8. Survey at least 20% of all customers in each county to determine their satisfaction vvith services. ~on-respondents will be replaced to ensure that data represents 20% of customers served. For child care referral services. 20% is non-inclusive of on-line referrals. 19. Convene at least two meetings per year between OCOEE regulatory staff and CCR&R/Smart Start statfto plan for technical assistance and training needs of providers. Meetings may be convened by county or groups of counties within the region. Documentation of meetings will include attendance records and meeting minutes/agendas. If meetings are held by counties or groups of counties each groupings will have at least two meetings. Core Service Outcomes: I. By June 30, 20 I 5, at least 85% of parents/guardians accessing child care referrals in the region will demonstrate increased knowledge about high quality child care by indicating they used quality indicators in their search. 2. By June 30, 2015, at least 85% of parents/guardians receiving child care referrals in the region will demonstrate understanding the importance of obtaining high quality child care by enrolling their children in 3, 4 or 5 star rated licensed care. 3. By June 30,2015, 90% ofprograms remaining in business that have received technical assistance/training for abuse/neglect required by OCOEE through a Corrective Action Plan will not experience another abuse/neglect substantiation of the same offense within a six-month period. 4. By June 30, 2015, 80% of family child care homes and 90% of child care centers who receive start-up technical assistance and elect to become licensed will achieve 3-stars or higher within 9 months of receiving a temporary license. 5. By June 30, 2015, 85% of participants receiving on-site intentional technical assistance and returning a survey will indicate that they are implementing one or more strategies provided by technical assistance provider to improve the quality of care in their classroom-home. 6. By June 30,2015, 85% ofCEU training participants will increase knov,:ledge as measured by pre/post test of subject matter. 111714 HC BOC Page 30 Attachment B Con:rac t ti FY !5-307 I 9-003 RLI3 Count\ of Harnett 7. By June 30. 2015. 82% of the call service centers/hubs will meet the ?\JC CCR&R. Standards for Referral Assessment Calls (RAC). Contractor agrees to report data by county and region to deterndne the following: I. percentage of children enrolled in 3, 4 and 5 star care: 2. percentage of children enrolled in 4 and 5 star care; 3. percentage of recurrences of abuse and neglect in programs that have received technical assistance/training through Corrective Action Plans; and 4. number of referral requests for children with special needs.* Reporting: On a semi-annual basis( on a date specified by "NC CCR&R Council) the contractor will submit to its Regional Lead Agency the Process Measures Report and Outcome Measures Report on Consumer Education*, Technical Assistance and Professional Development services indicating the progress made in each county and across the region on the outputs/process measures and overall goals. On an annual basis (by July 15. 20 I 5) the Contractor vvill submit to its Regional Lead Agency Report A on Child Care Enrollment by Star-Rating. If Contractor did not meet FY 13-I 4consumer education performance targets. Contractor will submit first and third quarter reports (by October 31, 20 14and April 30. 20 15) for consumer education*. If Contractor failed to meet performance targets in FYI 4for professional development or technical assistance. Contractor will submit data reports on these service areas after the first and third quarters as well. Additionally. Contractor will provide other data to their Regional Lead Agency as requested for the counties served. Contractor agrees to:(!) verify that NACCRRAware is being used, and used correctly. to collect and report consumer education output and outcomes data;* (2) verify that all other data is being collected according to approved standards; (3) review the accuracy of data prior to submitting it to their Lead Agency; (4) analyze data and use it to provide feedback within its county(ies) and to monitor progress toward goals; (5) request and secure technical assistance from its Regional Lead CCR&R Agency as needed and identified by Contractor's data analysis of its progress toward contracted goal and outcomes; and (6) submit in writing to its Regional Lead CCR&R Agency by January I 5, 20 15any request for mid- year adjustment ifthe Contractor's targeted output or outcome goals require mid-year adjustment (such adjustments require the Regional Lead CCR&R Agency's written prior approval). *Only applies to Contractors who deliver Consumer Education services. 111714 HC BOC Page 31 Indirect Costs Attachment C Contract# FY1 5-30719-003 RL 13 County of Harnett An Indirect Cost is any cost not directly identified with a single, final cost objective, but identified with two or more final cost objectives. It is not subject to treatment as a direct cost. After direct costs have been determined in a contract budget or other work/activity, indirect costs are those remaining to be allocated. An indirect cost shall not be allocated to a final cost objective if other costs incurred for the same purpose in like circumstances have been included as a direct cost. In simpler terms, indirect costs are those costs not readily identified with a specific project or organizational activity but incurred for the joint benefit of both projects or activities. Indirect are normally grouped into common pools and charged to benefiting objectives through an allocation process or indirect cost rate. Indirect costs include costs which are frequently referred to as overhead expenses (rent and utilities) and general and administrative expenses (officers' salaries, accounting department costs and personnel department costs). An indirect cost rate is simply a device for determining fairly and expeditiously the proportion of general (non-direct) expenses that each project or activity will bear. It is the ratio between total indirect costs of an applicant and some equitable direct cost base. The indirect cost base or bases (that is, the denominator(s) of the fraction producing a rate) should be selected so as to permit an equitable distribution of indirect costs to the benefiting cost objective. There are three basic types of indirect cost rates: (1) Provisional/Final; (2) Predetermined; and (3) Fixed with a Carry-Forward provision. The distinguishing difference between the rates lies not in how they are developed or the type of costs they represent, but rather in whether and how they are adjusted to reflect actual costs. A Provisional rate is to be used until a final rate has been determined. Cost principles clearly state that provisional rates are intended as a temporary measure for "interim reimbursement" pending the establishment of a final rate for that period. Provisional rates require retroactive adjustments to the final rate, which is later set, based on actual allowable costs incurred during the period. If the final (actual) rate is less than the provisional rate. the difference is owed back to the federal funding agency. On the other hand, if the final rate is higher than the provisional rate (an unusual occurrence), additional federal funds may be recovered if they are available at the time of adjustment. A contract with a provisional rate must remain open until a final rate has been established and all costs settled based on the final rate. A Predetermined rate is firm; it cannot be adjusted. Therefore, before such a rate is approved, it must be assured that the actual rate is equal to or less than the predetermined rate, or that any overpayment that may occur when the rates are converted to dollars will be immaterial. If a contract provider agrees to recover less indirect costs than it is entitled to under federal cost principles may find the predetermined rate attractive because there is no after-the-fact adjustment and it knows how much indirect it will recover. The Fixed Rate with Carry-Forward has all the attributes of the other two rate types, but none of their disadvantages. A contract provider can adjust its estimated rate to an actual rate and it is not necessary to recover (or pay back) retroactive adjustments as it would with a provisional/final rate, or commit itself to an under recovery of costs as it might with a predetermined rate. A copy of the indirect cost rate approved by the Federal cognizant agency must be attached. Where circumstances do not allow for the designation of a Federal cognizant agency, an indirect cost rate may be established as described in the following paragraphs. Under no circumstances can indirect costs in excess of the approved rate or amount be claimed for reimbursement or matching purposes. State agencies. if approved by the Office of State Budget and Management, may recover or be reimbursed for a portion of allowable indirect costs and utilize the unrecovered portion as certified public expenditures, or match, for the non-federal share of costs required under such a contract. Many non-governmental entities receive federal funds/grants directly from a federal agency. The Federal cognizant agency approves (or disapproves) such an entity's indirect cost rate(s) on behalf of all federal agencies that provide funds to that organization. Once the Federal cognizant agency approves the rate, it Office of the Controller-Generallnd1rect Cost Instructions OPCS OCD 0151 111714 HC BOC Page 32 Attachment C Contract# FY15-30719-003 RL 13 County of Harnett is expected to be accepted by other agencies when determining the amount of indirect costs applicable to their contracts and programs. As a general rule, the cognizant agency is the federal agency that provides the largest amount of funds to a non-governmental entity over a certain period of time. Therefore, if a non-governmental entity receives funding directly from a federal agency (or agencies), the Federal cognizant agency shall be established. The Federal cognizant agency may provide technical assistance and guidance to entities on how to prepare a proposal requesting establishment and approval of an indirect cost rate. In situations where a non-governmental entity does not receive funds directly from a federal agency and where no Federal cognizant agency is designated, an indirect cost rate may be established using criteria and cost principles outlined in the applicable federal circular. Under these conditions, a person or firm. preferably one knowledgeable of this subject should establish the rate. This person or firm should not be associated with the audit firm that conducts an audit of the entity's records. Once a rate has been established, this person or firm should certify in writing to the non-governmental entity that the rate has been established in accordance with the applicable federal circular and that the documentation should be maintained and made available to any auditor requesting such information. The entity should also provide a copy of the letter to any and all agencies with whom they contract and from whom they wish to claim reimbursement of indirect costs. Depending upon the type of organization, the following federal circulars/regulations apply: • State, Local and Indian Tribal Governments OMB Circular A-87 & ASMB C-1 0 • Educational Institutions OMB Circular A-21 • Hospitals 45 CFR Part 74 • Private Non-Profit Organizations OMB Circular A-122 • For Profit Organizations (other than hospitals) 48 CFR Part 31 Day to Day application: If the contract budget includes indirect (or administrative) costs: 1. A Contractor may include indirect costs in the contract budget for reimbursement if they have a (1) Predetermined indirect cost rate (not subject to adjustment); (2) Fixed rate (no recovery, over or under required) or (3) Provisional rate which requires adjustment to actual at a later time when actual costs have been determined by audit. 2. Review the contract funding source to determine possible limitations regarding administrative costs. Indirect costs are also considered administrative costs and must be considered when a federal funding source limits total administrative costs. That is, the total of direct administrative costs plus indirect costs cannot exceed limitations established by federal regulations for administrative purposes. 3. Official documentation of indirect cost is one of the two following documents and should cover at a minimum the period of the contract: a. Official document from the cognizant federal agency approving the indirect cost rate or b. In the absence of a cognizant federal agency, the official letter or document from the independent source (not the contractor) approving the rate. 4. Child Care Networks, Inc. should verify the indirect costs computation. Official documentation should include the basis for the determination and any line items (such as equipment or subcontract costs over $25,000) that are excluded from the determination. The contractor should not compute indirect costs on excluded line items or those with dollar limitations. 5. A copy of the official indirect cost documentation must be attached to the executed contract. Note: Contractors should be made aware of possible limitations on indirect costs and that official documentation must be submitted prior to the processing of their contract. Office of the Controller-General Indirect Cost Instructions 2 OPCS DCD 0151 111714 HC BOC Page 33 Attachment F Attachment F Contract# FY15-30719-003 RL 13 County of Harnett Notice of Certain Reporting and Audit Requirements Grantee shall comply with all rules and reporting requirements established by statute or administrative rules. All reports must be submitted to the addresses below: Child Care Networks, Inc., PO Box 1531, Pittsboro, NC 27312 The applicable prescribed requirements are found in North Carolina General Statute 143C-6-22 & 23 entitled "Use of State Funds by Non-State Entities" and Implementation of Required Rules, 09 NCAC 03M .0102 -0802, North Carolina Administrative Code, issued September 2005. The Contractor's fiscal year runs from July to June. G.S. 143C-6-23 requires every nongovernmental entity that receives State or Federal pass-through grant funds directly from a State agency to file annual reports on how those grant funds were used. There are 3 reporting levels which are determined by the total direct grant receipts from .§!! State agencies in your fiscal year: • Level 1: Less than $25,000 • Level 2: At least $25,000 but less than $500,000 • Level 3: $500,000 or more A grantee's reporting date is determined by its fiscal year end and the total funding received directly from all State agencies. For those grantees receiving less than $500,000, the due date is 6 months from its fiscal year end. For those receiving $500,000 or more, the due date is 9 months from its fiscal year end. In addition to the reports, grantees receiving $500,000 or more must submit a yellow book audit in electronic or hard copy to the Office of the State Auditor and to all funding State agencies at the addresses below. All annual grantee reports required by GS 143C-6-23 must be completed online at www.NCGrants.gov. The online reporting system will automatically place your organization on the Noncompliance list if your reports have not been completed in www.NCGrants.gov by your required due date . . To access the online grants reporting system go to www.NCGrants.gov and click on the LOGIN tab at the top of the page. You must have a NCID to access the online reporting system. To obtain a user manual or request assistance with the system please go to https://www.ncgrants.gov/NCGrants/Help.jsp. You can also email requests for assistance directly to NCGrants@osbm.nc.gov. Once you have logged in you will see your "Grantee Summary I Data Entry Screen". • Your summary screen will identify your correct level of reporting, i.e., Level 1, 2 or 3, based on the State grant funds paid to your organization during your fiscal year. • The summary will show all the grants contained in the www.NCGrants.gov system that have been awarded to your organization. The program will automatically provide links to the reports that correspond to your reporting level, and only those reports, for each grant. Check to make sure that the grant(s) shown in the system correspond with what you show as having received from each agency for your fiscal year. • If you have questions, need help in resolving any differences between your records and online reporting system or need corrections to be made to the data you enter, send an e-mail to NCGrants@osbm.nc.gov to request help. All grantees must file their required reports online at www.NCGrants.gov without exception. DHHS (Rev. 11/09) 111714 HC BOC Page 34 Attachment F Contract# FY1 5-30719-003 RL 13 County of Harnett IMPORTANT NOTE FOR AUDITS If you expend more than $500,000 in Federal grant funds from all sources, then you must have an A-133 single audit performed. If you are at this level for federal reporting and you are required to file a yellow book audit with the State under G.S. 143C-6-23, then you may substitute the A-133 audit for the yellow book audit. If you are required to have an A-133 audit performed and you receive any Federal grant funds passed through the North Carolina Department of Health and Human Services, you are required to file the A-133 audit with the North Carolina Department of Health and Human Service. If you expend more than $500,000 and you are required to file a yellow book audit with the State Auditor under G.S. 143C-6-23, then you are also required to file the yellow book audit with the North Carolina Department of Health and Human Service. A planned enhancement to the system is the capability for the grantee to directly upload a pdf version of their audit directly into the online system where it will be accessible to both the funding agency/agencies and the Office of the State Auditor. Please send the required audit to the following address: Mail to: DHHS Office of the Controller Attention: Audit Resolution 2019 Mail Service Center Raleigh, NC 27699-2019 Or direct delivery to: 1050 Umstead Drive Raleigh, NC 27606 Equipment Purchased with Contract Funds: Title to equipment costing in excess of $500.00 acquired by the Contractor with funds from this contract shall vest in the Contractor, subject to the following conditions. A. The Contractor shall use the equipment in the project or program for which it was acquired as long as needed. When equipment is no longer needed for the original project or program or if operations are discontinued, or at the termination of this contract the Contractor shall contact Child Care Networks, Inc. for written instructions regarding disposition of equipment. B. With the prior written approval of the Child Care Networks, Inc., the Contractor may use the equipment to be replaced as trade-in against replacement equipment or may sell said equipment and use the proceeds to offset the costs of replacement equipment. C. For equipment costing in excess of $500.00, equipment controls and procedures shall include at a minimum the following: 1. Detailed equipment records shall be maintained which accurately include the: DHHS (Rev. 11 /09) a. Description and location of the equipment, serial number, acquisition date/cost, useful life and depreciation rate; b. Source/percentage of funding for purchase and restrictions as to use or disposition; and c. Disposition data, which includes date of disposal and sales price or method used to determine fair market value. 2 111714 HC BOC Page 35 Attachment F Contract# FY1 5-30719-003 RL 13 County of Harnett 2. Equipment shall be assigned a control number in the accounting records and shall be tagged individually with a permanent identification number. 3. Biennially, a physical inventory of equipment shall be taken and results compared to accounting and fixed asset records. Any discrepancy shall immediately be brought to the attention of management and the governing board. 4. A control system shall be in place to ensure adequate safeguards to prevent loss, damage. or theft of equipment and shall provide for full documentation and investigation of any loss or theft. 5. Adequate maintenance procedures shall be implemented to ensure that equipment is maintained in good condition. 6. Procedures shall be implemented which ensure that adequate insurance coverage is maintained on all equipment. A review of coverage amounts shall be conducted on a periodic basis, preferably at least annually. D. The Contractor shall ensure all subcontractors are notified of their responsibility to comply with the equipment conditions specified in this section. DHHS (Rev. 11 /09) 3 111714 HC BOC Page 36 Reporting Requirements ofN. C. General Statute 143C-6.23 Use these charts to determine GS 143C-6 23 reporting requirements. Total Funds I Reports Due I Reports from All State I (Key all reports into online reporting system at Due Date Agencies I www.NCGrants.gov, including online submission ofthj i audit when the system has the capability). Until that 1 point, audits should be mailed to both the Office of the 1 State Auditor and the NC Department of Health and · Human Services (DHHS).) • Certification Within 6 months I I Level 1 • State Grants Compliance Reporting of entity's fiscal I $1 -$24.999 Receipt of< $25,000.* year end • Certification Within 6 months , Level2 • State Grants Compliance Reporting of entity's fiscal $25,000-Receipt of>= $25,000 year end $499,999 • Schedule of Receipts and Expenditures* • Program Activities and Accomplishments • Certification Within 9 months I Level3 • State Grants Compliance Reporting Receipt of entity's fiscal $500,000 or more of>= $25,000 year end • Audit [A-133 Single Audit if>= $500,000 in federal funds or Yellow Book Audit] • Schedule of Federal and State Awards (May be included in the audit) • Program Activities and Accomplishments Grantees receiving $500,000 or Mail to: DHHS Office of the Controller more must send one copy of each Attention: Audit Resolution audit report to DHHS. 2019 Mail Service Center Raleigh, NC 27699-2019 Or direct delivery to: 1 050 Umstead Drive Raleigh, NC 27606 Grantees receiving $500,000 or Mail to: Office of the State Auditor more must send one copy of each 20601 Mail Service Center audit report to the Raleigh, NC 27699-0601 State Auditor. Or direct delivery to: 2 South Salisbury Street In addition, grantees must submit Raleigh, NC 27603 copies of their audits to www.NCGrants.gov for compliance purposes. Use thrs chart to determme where to send copres of GS 143C-6.23 reports. DHHS (Rev. 11/09) 4 111714 HC BOC Page 37 Board Meeting Agenda Item Agenda Item £., G MEETING DATE: November 17,2014 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Library Contract With Municipalities and Anderson Creek Primary School REQUESTED BY: Patrick Fitzgerald, Library Director REQUEST: The Harnett County Public Library respectfully requests to approve a new contract between the Harnett County Public Library and the Affliate and Branch Libraries. The Library Board ofTrustees, the Anderson Creek Primary School, and the towns of Angier, Coats, Dunn, and Erwin have each signed the contract. The existing contract between the Libraries is dated October 1 99 I, and was in need of updating to clarify the roles and responsibilities between the County Library and the Aff1iate and Branch Libraries. While each Municipality will maintain local control of their own Library, the Harnett County Public Library will provide all technology; ie: hardware, software, ILS. databases, system troubleshooting, maintenance contracts for our equipment, as well as provide all cataloging services for the system. This new contract will provide more systemwide consistency in our policies and procedures, a requirement for our new ILS, NC Cardinal. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:•Gsers'ptitzgerald·Oocuments•Agenda request contracts.doc I of I Page 111714 HC BOC Page 38 STATE OF NORTH CAROLINA AGREEMENT COUNTY OF HARNETT THIS INTERLOCAL LIBRARY AGREEMENT (hereinafter "Agreement") is made pursuant to North Carolina General Statutes Section 153A-270 and entered into this __ day of , 20 1_, by and between the County of Harnett, a body politic, organized and existing under the laws of the State of North Carolina (hereinafter referred to as "County"), and the Town of Angier, the Town of Coats, the City of Dunn, the Town of Erwin, all municipal corporations, organized and existing under the laws of the State of North Carolina, and Anderson Creek Primary School. WITNESSETH WHEREAS, County maintains and operates the Harnett County Library System (hereinafter referred to as "Library System") pursuant to Chapter 153A, Article 14 of the North Carolina General Statutes to provide library service to the residents of Harnett County, and appoints the Board of Trustees of the Harnett County Library System to formulate and recommend programs, policies and regulations for the government of Library System and to otherwise advise the Harnett County Board of Commissioners on library matters; and WHEREAS, the Municipalities and Anderson Creek Public Library each maintain and operate libraries pursuant to Chapter 153A, Article 14 of the North Carolina General Statutes to provide library services to the residents of their respective municipalities and communities; and WHEREAS, County and Municipalities and Anderson Creek Public Library wish to merge financial appropriations for and operational supervision into the Harnett County Library System to provide a more consistent, efficient and effective manner of providing library services in Harnett County. NOW THEREFORE, for and in consideration of the mutual covenants and promises hereinafter set forth, and pursuant to resolutions duly adopted by their governing boards and in compliance with the North Carolina Administrative Code and the North Carolina General Statutes, the parties identified below renew their commitment 1 111714 HC BOC Page 39 to the Harnett County Library System based upon the terms set forth below in the Agreement. I. Members of the Harnett County Library System: County of Harnett (hereinafter "County") Town of Coats (hereinafter "Coats") Town of Erwin (hereinafter "Erwin) Town of Angier (hereinafter "Angier") City of Dunn (hereinafter "Dunn") Anderson Creek Public Library (hereinafter "Anderson Creek Public Library") Coats, Erwin, Angier, and Dunn hereinafter collectively "Municipalities." II. Purpose: This agreement is to perpetuate excellent library and information services to the residents of the areas included within the jurisdictions of the aforementioned government bodies through their collaborative and collective efforts under the legal authority of the North Carolina General Statutes and North Carolina Administrative Code by defining the financial, property and operational appropriations and supervision of the Library System III. Board of Trustees: Pursuant to the direction of the County of Harnett Board of Commissioners, the Harnett County Library System Board of Trustees shall be the governing body of the Library System. There shall be Eleven (11 ) members of the Board, with one (1_) appointed from each Member. The remaining members shall be at large seats representing other areas of Harnett County and as many ex-officio County Commissioner seats as deemed appropriate by the Board of County Commissioners. Appointments are for staggered terms and Board members shall serve no more than two (2) consecutive three year terms. No Board Member shall serve more than six consecutive years. The Harnett County Library System Board of Trustees Library Policies and Procedures shall supersede local policy and procedure. The following powers and duties are delegated to The Harnett County Library System Board of Trustees: 2 111714 HC BOC Page 40 i. To adopt bylaws and rules for its own governance. ii. To recommend to the Board of County Commissioners policies for the administration and operation of the Library System iii. To assure compliance with applicable State and Federal Law and eligibility requirements for receipt of State and Federal funds. iv. To make recommendations concerning the construction and improvement of physical facilities for the libraries within the system. viii. To make regular reports of services and operations. v. To obtain an annual independent audit of regional accounts and submit a copy to the State Library of North Carolina. N. Finance: A. Property Ownership 1. All buildings, grounds and other facilities of each library shall remain property of its respective Municipality or County. Anderson Creek Public Library structure will continue to be a County owned building. 2. All books, technology and other resources paid for by local funds shall remain property of their respective Municipality or County. 3. All books, technology and other resources paid for with System or State funds shall remain the property of the System. B. Personnel I. Anderson Creek Public Library is staffed by County Employees and, therefore, subject to County Personnel Ordinance and Policies. 2. All other members are responsible for the direct payment of: a. Salaries and benefits for staff at their respective libraries. b. All facility costs, including, but not limited to, rent utilities, custodial services, and the maintenance and repair of building interiors and exteriors, parking lots, grounds, and landscaping. c. Costs of library materials for their respective libraries 3 111714 HC BOC Page 41 C. Technology 1. Hardware a. The Harnett Library System will provide the following: 1. Equipment necessary for the wide area network. u. Computers for public access and circulation. iii. Equipment necessary for the PC/Print management system. b. The Municipalities and Anderson Creek Public Library agree to provide and own any other equipment as necessary. 1. The parties agree that: i. Equipment acquired by the Municipalities and Anderson Creek Public Library must meet the minimal recommendations as determined by Harnett County IT, if connected to the Library Computer system. ii. The Municipalities and Anderson Creek Public Library will be responsible for the installation, software, repair and maintenance for Municipality or Anderson Creek Community owned equipment. 2. Exceptions: 2. Software: i. Public computers owned or leased by Harnett County ii. Pc/print management; Staff computers used for circulation; iii.Library System will install and maintain software necessary to access the ILS. iv. Harnett County will continue to install and maintain the print management, security software, anti-vims software and filter software for all computers on the county network. a. Integrated Library System (ILS) i. The Library System maintains the ILS (V-smart) used by all libraries. ii. The database belongs to the Library System and it is responsible for the integrity of the data. The parties, therefore, agree to the standards and policies set by the Library Director and the Library System, including 4 111714 HC BOC Page 42 cataloging. iii. The Harnett County public Library wiii be responsible for the cataloging of all materials added to the system. b. The Library System will provide ILL (InterLibrary Loan) services. V. Operations: In order for consistency and continuity in the system to best serve the citizens of the County of Harnett and for purposes of applying for grants and aid, the parties agree to the following: I. The Municipalities and Anderson Creek Public Library will provide, by the 5th of every month, a report which encompasses the library's usage including the door count, programming statistics, number of employees and hours of operation. 2. The Municipalities and Anderson Creek Public Library will provide revenue expenditures and their Annual budgets of each Library by the 15th day of August each year. 3. The Municipalities and Anderson Creek Public Library will send representatives to monthly Branch Manager meetings. 4. The Municipalities and Anderson Creek Public Library will abide by the Service Policy of the Harnett County Library System http://www.hamett.org/library/pub1ications/policy2012.pdf ) and Library Card and Borrowing Policies (http://www.hamett.org/library/hlibcar.htm) located on the Harnett County Public Library Website. 5. Any other requirement necessary to aid in the administration of the Library System. VI. Term of Agreement and Amendment: The term of this Agreement is January 1, 2014 to December 31,2019. This Agreement may be amended from time to time upon the mutual written consent of all the parties. VII. Termination: This Agreement may be terminated by the mutual written consent of all the parties. Such 5 111714 HC BOC Page 43 termination will occur six (6) months after the final consent is received by the Library System Board of Trustees. VIII. Integration of Understandings: This Agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous additions, deletions, subsequent renewal, deletion, or other amendment hereto shall have any force or affect unless embodied herein in writing signed by both parties. JX. Controlling Law: This contract shall be governed by and construed in accordance with the laws of the State of North Carolina. The North Carolina State Courts located in Harnett County, North Carolina shall have jurisdiction to hear any dispute under this Agreement and any legal or equitable proceedings by either party must be filed in Harnett County, North Carolina. X. Notices: All notices or other communications which shall be made pursuant hereto shall be in writing and shall be deemed to be given and received (a) when hand delivered to the address stated below, (b) three (3) days after being mailed to the address stated below, postage prepaid by certified or registered mail of the United States, return receipt requested to the addresses set forth below. Either party to this Agreement rnay change its designated person or designated address at any time and from time to time by giving notice of such change to the other party in the manner set forth above. XI. Indemnification/limit of liability paragraph: To the extent permitted by law, each party will mutually indemnify and hold harmless the other parties, their officers, agents and employees from and against all loss, cost, damage, expense and liability caused by accident or other occurrence resulting in bodily injury, including death and disease to any person or damage or destruction to property, real or personal arising directly or indirectly from operations, products, or services rendered or purchased under this Agreement. 6 111714 HC BOC Page 44 This contract may be amended upon unanimous approval of all the parties signing this agreement. IK WITNESS THEREOF, the Harnett County Public Library, Angier Public Library, Dunn Public Library, Coats Public Library, Erwin Public Library and Anderson Creek Primary School. ~\~ Harnett County Library Library Board Chairman, Harnett County Board of Commissioners Angier Public Library Coats Public Library Dunn Public Library Erwin Public Library Principal, Anderson Creek Primary School Angier Public Library Library Board Coats Public Library Library Board Dunn Public Library Library Board Erwin Public Library Library Board Anderson Creek Primary School Library Board Mayor, Town of Angier Mayor, Town of Coats Mayor, City of Dunn Mayor, Town of Erwin Superintendent, Harnett County Board of Education 7 111714 HC BOC Page 45 This contract may be amended upon unanimous approval of all the parties signing this agreement. IN WITNESS THEREOF, the Harnett County Public Library, Angier Public Library, Dunn Public Library, Coats Public Library, Erwin Public Library and Anderson Creek Primary School. Harnett County Library Angier Public Library Coats Public Library Dunn Public Library Erwin Public Library Principal, Anderson Creek Primary School Harnett County Library Library Board Angier Public Library Library Board Coats Public Library Library Board Dunn Public Library Library Board Erwin Public Library Library Board Anderson Creek Primary School Library Board Chairman, Harnett County Board of Commissioners 1 Mayor, Town of Angier Mayor, Town of Coats Mayor, City of Dunn Mayor, Town of Erwin Superintendent, Harnett County Board of Education 7 111714 HC BOC Page 46 ' ' This contract may be amended upon unanimous approval of all the parties signing this agreement. IN WITNESS THEREOF, the Harnett County Public Library, Angier Public Library, Dunn Public Library, Coats Public Library, Erwin Public Library and Anderson Creek Primary School. Harnett County Library Angier Public Library IlL/ ;C.;;?) / Coats Public Library Dunn Public Library Erwin Public Library Principal, Anderson Creek Primary School Harnett County Library Library Board Angier Public Library Library Board Coats Public Library Library Board Dunn Public Library Library Board Erwin Public Library Library Board Anderson Creek Primary School Library Board Chairman, Harnett County Board of Commissioners Mayor, Town of Coats Mayor, City of Dunn Mayor, Town of Erwin Superintendent, Harnett County Board of Education 7 111714 HC BOC Page 47 This contract may be amended upon unanimous approval of all the parties signing this agreement. IN WITNESS THEREOF. the Harnett County Public Library, Angier Public Library. Dunn Public Library, Coats Public Library. Erwin Public Library and Anderson Creek Primary School. Harnett County Library Harnett County Library Library Board Chairman. Harnett County Board of Commissioners Angier Public Library Coats Public Library Angier Public Library Library Board Coats Public Library Mayor, Town of Angier Mayor, Library Board Town of Coats tn~NJ&:);,rJt~Ck~~ f!gw Dunn Public Library Erwin Public Library Principal, Anderson Creek Primary School · Dunn Public Library Library Board Erwin Public Library Library Board Anderson Creek Primary School Library Board Mayor, City of Dunn Mayor, Town of Erwin Superintendent, Harnett County Board of Education 7 111714 HC BOC Page 48 This contract may be amended upon unanimous approval of all the parties signing this agreement. IN WITNESS THEREOF, the Harnett County Public Library, Angier Public Library, Dunn Public Library, Coats Public Library, Erwin Public Library and Anderson Creek Primary School. Harnett County Library Angier Public Library Coats Public Library Dunn Public Library Principal, Anderson Creek Primary School Harnett County Library Library Board Angier Public Library Library Board Coats Public Library Library Board Dunn Public Library Library Board ~_{)cJ:Btt ..._____,.._~bhc Ltbrary Library Board Anderson Creek Primary School Library Board Chairman, Harnett County Board of Commissioners Mayor, Town of Angier Mayor, Town of Coats Mayor, City of Dunn ~\'t\~~ ~cs Town of Erwin Superintendent, Harnett County Board of Education 7 111714 HC BOC Page 49 This contract may be amended upon unanimous approval of all the parties signing this agreement. IN WITNESS THEREOF, the Harnett County Public Library, Angier Public Library, Dunn Public Library, Coats Public Library, Erwin Public Library and Anderson Creek Primary School. Harnett County Library Angier Public Library Coats Public Library Dunn Public Library Erwin Public Library Harnett County Library Library Board Angier Public Library Library Board Coats Public Library Library Board Dunn Public Library Library Board Erwin Public Library Library Board Principal, Anderson Creek Anderson Creek Primary Primary School School Library Board Chairman, Harnett County Board of Commissioners Mayor, Town of Angier Mayor, Town of Coats Mayor, City of Dunn Mayor, Town of Erwin ~~ Superinten ent, Harnett County Board of Education 7 111714 HC BOC Page 50 PROCLAMATION National Hospice Palliative Care Month November 2014 Agenda Item 5-H WHEREAS, hospice and palliative care empower people to live as fully as possible, surrounded and supported by family and loved ones, despite serious and life-limiting illness; WHEREAS, hospice and palliative care bring patients and family caregivers the highest quality care delivered by an interdisciplinary team of skilled professionals that includes physicians, nurses, social workers, therapists, counselors, health aides, spiritual care providers and others who make the wishes of each patient and family a priority; WHEREAS, through pain management and symptom control, caregiver training and assistance, and emotional and spiritual support, allowing patients to live fully and make more meaningful moments until the end, surrounded and supported by the faces of loved ones, friends, and committed caregivers; WHEREAS, Each year, hospice saves Medicare more than $2 billion by providing solutions for physicians, care to patients and comfort to families anywhere, at any time. WHEREAS, every year more than 1.5 million Americans living with life-limiting illness, and their families, received care from the nation's hospice programs in communities throughout the United States; WHEREAS, more than 400,000 trained volunteers contribute 19 million hours of service to hospice program annually; WHEREAS, hospice and palliative care providers encourage all people to learn more about options of care and to share their wishes with family, loved ones, and their healthcare professionals; NOW, THEREFORE, THE HARNETT COUNTY BOARD OF COMMISSIONERS does hereby proclaim November 2014 as National Hospice Palliative Care Month and encourage citizens to increase their understanding and awareness of care at the end of life and to observe this month with appropriate activities and programs. Adopted this 17th day ofNovember, 2014. HARNETT COUNTY BOARD OF COMMISSIONERS Joe Miller, Chairman Gary House, Vice Chairman Gordon Springle Jim Burgin Beatrice B. Hill 111714 HC BOC Page 51 Agenda Item 5 -T Board Meeting Agenda Item MEETING DATE: November 17,2014 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Request permission to apply for the 2015 Emergency Management Performance Grant administered by North Carolina Public Safety Division of Emergency Management REQUESTED BY: Gary Pope, Emergency Services Director REQUEST: We would like to request permission to apply for the 2015 Emergency Management Performance Grant. This is a federal grant administered by the State that is available to local governments to assist in the cost of developing and maintaining a comprehensive emergency management program. These are funds that are received annually and are included as part of our operating budget. THIS INSTRUMENT HAS BEEN REVIEWED BY THE FINANCE OFFICER HARNETT COUNTY FINANCE OFFICER U:\my documents\my documents\EMPG INF0\2015 EMPG\Application Issues\agendafonn2015.doc 1 of2 Page 111714 HC BOC Page 52 NO R T H CA R O L I N A LO C A L GO V E R N M E N T AP P L I C A T I O N FO R FF Y 20 1 5 EM P G FU N D I N G Gr a n t Pe r i o d : Oc t o b e r 1, 2 0 1 4 - Se p t e m b e r 30 , 20 1 6 1. 1 EM Ag e n c y Na m e Ha r n e t t Co u n t y Em e r g e n c y Ma n a g e m e n t 1. 2 St r e e t Ad d r e s s , Ci t y P. O . Bo x 37 0 10 0 5 Ed w a r d s Br o t h e r s Dr i v e Li l l i n g t o n NC 1. 3 DU N S 9 Di ~ i t Nu m b e r 09 1 5 6 5 9 8 6 1. 4 1 Zi p Co d e + 4 2 ! 7 1 5 ! 4 6l9l5l2l7 1. 5 SA M Re ~ i s t e : r e d ? (Y e s , No ) Ye s Ex p i r a t i o n Da t e 6/ 2 4 / 2 0 1 5 LO C A L EM E R G E N C Y MA N A G E M E N T PR O G R A M Fo r 1 . 5 in d i c a t e ac t u a l pe r c e n t a g e o f ti m e Em e r g e n c y Ma n a g e m e n t di r e c t o r de v o t e s to wo r k on on l y E M ac t i v i t i e s . 1. 7 * 1. 8 1.9 Pl e a s e do no t in c l u d e wo r k ti m e fo r EM S , 91 1 , Fi r e Ma r s h a l , Cu r r e n t Sa f e t y ac t i v i t i e s , et c . Ti m e ( % ) Da t e of Employment 1. 6 EM Pr o g r a m Ma n a g e r (P r i n t / T y p e in Na m e (e . g . SO % , 75 % , Sa l a r y in Cu r r e n t Position 10 0 % ) Be l o w ) Be v e r l y Wi l l i a m s 10 0 % $5 4 , 3 3 0 . 10 / 1 / 0 5 1. 1 0 Pe r s o n n e l Da t a : Co m p l e t e fo r pe r s o n n e l su p p o r t e d wi t h FF Y 20 1 5 EM P G Pr o g r a m fu n d s a. Al l EM P G Pr o g r a m fu n d s (F e d e r a l an d ma t c h ) al l o c a t e d to w a r d s Lo c a l em e r g e n c y ma n a g e m e n t $ 50,414. pe r s o n n e l ? b. Al l EM P G Pr o g r a m fu n d s (F e d e r a l an d ma t c h ) al l o c a t e d to w a r d s No n - L o c a l em e r g e n c y ma n a g e m e n t $0 pe r s o n n e l ? I c. To t a l Nu m b e r o f Lo c a l em e r g e n c y ma n a g e m e n t fu l l - t i m e eq u i v a l e n t (F T E ) pe r s o n n e l (i n c l u d i n g th o s e $0 I su p p o r t e d an d no t su p p o r t e d by th e EM P G Pr o g r a m ) ? d. Nu m b e r o f Lo c a l em e r g e n c y ma n a g e m e n t fu l l - t i m e eq u i v a l e n t (F T E ) pe r s o n n e l su p p o r t e d (f u l l y or 2 pa r t i a l l y ) by th e EM P G Pr o g r a m ? e. Nu m b e r o f Lo c a l em e r g e n c y ma n a g e m e n t pe r s o n n e l su p p o r t e d (f u l l y or pa r t i a l l y ) by th e EM P G Pr o g r a m ? 2 I f. Co s t Sh a r e or In - K i n d Ma t c h ex p l a n a t i o n in de t a i l ? Ha r n e t t Co u n t y wi l l ma t c h 50 % in ki n d ma t c h wi t h Co u n t y cJ : m e r g e n c y Ma n a g e m e n t Co o r d i n a t o r ' s sa l a r y & be n e f i t s . *A r e a Co o r d i n a t o r mu s t ve r i f y th e pe r c e n t a g e o f ti m e de v o t e d to Em e r g e n c y Ma n a g e m e n t ac t i v i t i e s . R~ ~ - 4 . ; / d ~ Lo c a l EM Pr o g r a m Ma n a g e r Si g n a t u r e ~· - · / ) · · · ~ Ar e a Co o r d i n a t o r Si g n a t u r e Br a n c h Ma n a g e r Si g n a t u r e EM Ap p l i c a t i o n Fo r m 66 (R e v . 4/ 1 4 ) Pa g e 3 111714 HC BOC Page 53 STATE/LOCAL FFY 2015 EMPG AGREEMENT AGENCY: _Harnett County Emergency Management This is to certify that the above named agency agrees to successfully complete the activities below in full partnership with North Carolina Emergency Management and the U.S. Department of Homeland Security. The appropriate Branch Manager and/or Area Coordinator will review the progress of this agreement quarterly with the local Emergency Management Director. This report will also be the basis for continued funding during this fiscal year. All Emergency Management activity deliverables must be completed before the agreement period ends September 30, 2015. To receive credit for any deliverables you complete, an electronic copy for each deliverable must be uploaded into WebEOC by the deadline above and approved by State personnel. Certify completion of the following activities for EMPG Universal activities no later than September 30, 2015 unless otherwise noted below: 2015.01 Update the new 2015 THIRNSPRINIMS reporting tool by November 15, 2014; 2015.02 Review/Update County Emergency Operation/Response plan; 2015.03 Participate in a minimum 24 hours EM training; 2015.04 Conduct three exercises per year; 2015.05 Complete all NIMS training requirements as outlined in NIMS Five-Year Plan; 2015.07 Attend Statewide EM Conference 2015.09 Update Statewide Mutual Aid Agreement Authorized Agent Page 2015.52 Update County Profile NOTE: As listed above to be eligible to receive FFY 2015 EMPG funding, applicants must meet NIMS compliance requirements. The THIRA/SPRINIMS is the required means to report FY 2015 NIMS compliance for FFY 2015 funds. FFY 2015 Compliance Requirements ~~~ NIMS Training: IS 1 00; IS 200; IS 700; and IS 800; ~~~ FEMA Professional Development Series: IS 120, IS 230a. b.; IS 235a. b.; IS 240a; IS 241a; IS 242a; and IS 244a EMPG Program funds used for training should support the nationwide implementation of NIMS. Grantees are encouraged to place emphasis on the core competencies as defined in the NIMS Training Program. The NIMS Training Program can be found at http://www.fema.gov/pdflemergencylnimslnims_training_program.pdf. The NIMS Guideline for Credentialing of Personnel provides guidance on the national credentialing standards. The NIMS Guidelines for Credentialing can be found at http:llwww.fema.gov/pdflemergencylnimslnims_cred_guidelines_report.pdf. The Federal Funding Accountability and Transparency Act (FFATA) necessitates a system to allow prime grant award and sub-award recipients to report monies received from federal funds. The FFATA Subaward Reporting System-FSRS.gov-is the system that allows grant award and contract award recipients to electronically report their sub-award monies. Each prime and sub- award recipients must be registered and renewed annually in the System for Award Management EM Application Fonn 66A (Rev. 4/14) PageS 111714 HC BOC Page 54 (SAM) to continue to be eligible for EMPG monies. EM Application Fonn 66A (Rev. 4/14) Page6 111714 HC BOC Page 55 This Agreement will become effective upon execution of all parties to the Agreement. The date of execution shall be the date of the last signature. EXECUTED THIS THE __ DAY OF ____ , 201 Beverly Williams (Print) Name of Local EM Program Manager cal EM Program Manager Tommy Burns Signature of Local Chief Executive Officer Harnett Coun~of ______________________________ ___ EM Application Form 66A (Rev. 4/14) j/.J·#r./.._7-/¥ Date ll-4-2.014- Date Date Page 7 111714 HC BOC Page 56 EMERGENCY MANAGEMENT PROGRAM MANAGER 2015 CERTIFICATION HARNETI COUNTY EMERGENCY MANAGEMENT AGENCY I DO HEREBY CERTIFY THAT THE EM PROGRAM MANAGER POSITION* IS NOT VACANT OR IS CURRENTLY BEING FILLED BY AN ACTING COUNTY EMPLOYEE. Signature: ~< 1" !t~~~ , EM PROGRAM MANAGER Date: /fJ-;?. 7·· / y:- * AS PART OF THE GRANT APPLICATION DEUVERABLES, A CURRENT POSITION DESCRIPTION AND ORGANIZATION CHART THAT MEETS U.S. DEPARTMENT OF HOMELAND SECURITY PROGRAM AND STATE REQUIREMENTS IS ESSENTIAL. EMPG Application Form Page8 111714 HC BOC Page 57 HARNETT COUNTY EMERGENCY MANAGEMENT AGENCY FUNCTIONAL STATEMENTS EMERGENCY PROGRAM DIRECTOR/COORDINATOR The Emergency Program Director/Coordinator is responsible for the planning, coordinating and operation of the Emergency Management activities in Harnett County. Under general supervision performs coordinative, consultative and administrative work in preparedness, response, recovery and mitigation plans for emergency or disaster situations and for SARA Title HI Hazardous Materials Program and for Harris Nuclear Program. The Manager shall maintain liaison with the State and Federal authorities and the authorities of nearby political subdivisions so as to insure the most effective operation of the emergency management plans. 111714 HC BOC Page 58 EM E R G E N C Y SE R V I C E S OR G A N I Z A T I O N Em e r g e n c y Se r v i c e s Di r e c t o r Se n i o r - Ad m i n i s t r a t i v e Su p p o r t Sp e c i a l i s t .1 _j _ I Fi r e Ma r s h a l Em e r g e n c y Em e r g e n c y Ma n a g e m e n t Me d i c a l Se r v i c e s l Co o r d i n a t o r Ma n a g e r I Ch i e f De p u t y Fi r e Da y Tr a n s p o r t J Op e r a t i o n s Tr a n s p o r t a t i o n Training Ma r s h a l ' \ As s i s t a n t '" " " Di s p a t c h e r Officer J As s i s t a n t I Em e r g e n c y Wh e e l Ch a i r De p u t y Fi r e Ma n a g e m e n t Tr a n s p o r t Co o r d i n a t o r - Ma r s h a l "- . / J A Sh i f t Su p e r v i s o r B Sh i f t C Shift Supervisor i" " " " " ' Su p e r v i s o r De p u t y Fi r e - _j _ j j Ma r s h a l I Se n i o r Me d i c Se n i o r Me d i c Senior Medic L ... . ... . ... . De p u t y Fi r e Ma r s h a l L L L I EM S Fi e l d St a f f EM S Fi e l d St a f f EMS l7ield Staff· 14 pe r s o n n e l 14 p e r s o n n e l 1# personnel. ·. De p u t y Fi r e 4 4 L(• .. . . Ma r s h a l Pa r t Ti m e Pa r t Ti m e Pa r t ti r n e :·.:::. •: .:. J Part Time x 2 111714 HC BOC Page 59 DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY O.M.B. No. 1660-0025 Expires November 30, 2013 CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS PAl .... , -K BUROE Public reporting burden for this data collection is estimated to average 1.7 hours per response. The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and submitting this form. This collection of information is required to obtain or retain benefits. You are not required to respond to this collection of information unless a valid OMB control number is displayed on this form. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing the burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency, 1800 South Bell Street, Arlington, VA 20598-3005 Paperwork Reduction Project (1660-0025). NOTE: Do not send your completed form to this address. Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbying" and 28 CFR Part 17, "Government-wide Debarment and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Federal Emergency Management Agency (FEMA) determines to award the transaction, grant, or cooperative agreement. 1. LOBBYING As required by section 1352, Title 31 of the U.S. Code, and implemented at 44 CFR Part 18, for persons entering into a grant or cooperating agreement over $100,000, as defined at 44 CFR Part 18, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. (b) If any other funds than Federal appropriated funds have been paid or will be paid to any other person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or an employee of Congress, or employee of a member of Congress in connection with this Federal Grant or cooperative agreement, the undersigned shall complete and submit Stand Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. Standard Form-LLL "Disclosure of Lobbying Activities" attached (This form must be attached to certification if nonappropriated funds are to be used to influence activities.) 2. DEBARMENT,SUSPENSION, AND OTHER RESPONSIBILITY MATIERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 67, for prospective participa~ts in primary covered transactions, as defined at 44 CFR Part 17, Sect10n 17.51 0-A. A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this ~pplication been convicted of a or had a civilian judgment rendered agarnst them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perform a public a public (Federal ,State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause of default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEE OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 44 CFR Part 17, Subpart F, for grantees, as defined at 44 CFR Part 17.615 and 17.620- A. The applicant certifies that it will continue to provide a drug-free workplace by; (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug free awaneness program to inform employees about- (1) The dangers of drug abuse in the workplace; {2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant to 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 term of the statement; and (2) Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occurring ion the workplace no later than five calendar days after such convictions; fEMA Form 112-1)..3C (11/2010) PREVIOUS EDITION OBSOLETE 111714 HC BOC Page 60 {e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph {d){2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, induding position, title, to the applicable FEMA awarding office, i.e., regional office or FEMA office. {f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph {d)(2), with respect to any employee who is convicted- (1) Taking appropriate personnel action against such an employee, up to and induding termination, consistent with the requirements of the Rehabilitation act of 1973, as amended; or {2) Requiring such an employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or 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). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance {Street address, City, County, State, Zip COde) 1 005 Edwards Brothers Drive Lillington NC 27546 There are workplaces on file that are not identified Sections 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be induded with each application for FEMA funding. States and State agencies may elect to use a state wide certification. 111714 HC BOC Page 61 OMB Number: 4040-0007 Expiration Date: 06/30/2014 ASSURANCES -NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of infonnation is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of infonnation, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT A.ND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P .L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Previous Edition Usable Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P .L 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Authorized for Local Reproduction Standard Fonn 4248 (Rev. 7-97) Prescribed by OMB Circular A-102 111714 HC BOC Page 62 9. Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333), regarding labor standards for federally-assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 1 02(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P .L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). *SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL -L I ~Jl.f.. k, 11/.ALi!dhtl.d *APPLICANT ORGANIZATION ~ 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P .L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. *TITLE [E~~~~~n~~ ~na~~ineu t:::~£?.<2~4 l *DATE SUBMITIED [ Ha~oett c~;;~±; E~;~~~;; ::r;1~;;;;~~t::J ~ JP;rl/"r J Standard Form 4248 (Rev. 7..S7) Back 111714 HC BOC Page 63 DISClOSURE OF lOBBYING ACTIVITIES Complete this fonn to disclose lobbying activities pursuant to 31 U.S.C.1352 Approved by OMB 0348-0046 1. *Type of Federal Action: 2. * Status of Federal Action: 3. * Report Type: 0 a. conb"act 0 a. bid/offer/application !RJ a. initial filing [8J b. grant [8J b. initial award 0 b. material change 8 c. cooperative agreement 0 c. post-award d. loan 0 e. loan guarantee 0 f. loan insurance 4. Name and Address of Reporting Entity: !RjPnme 0 SubAwardea "'Name ~~;~D;tt ~c;;~;;;:i;;~~ M~;t: :::J •street 1 le.o: a~~ 3:Zo :: I Street 2 I I J005 Edwa:r::ds E:t:GS .. Q;r; 'City lr.jJJi~gtQ~ ] State I I Zip 12:7~461 l\1(""'1 Congressional Districl, if known: { J 5. If Reporting El"ltity in No.4 is Subawatdce, Ente1 1-.l<JirtG and Acidtcss of Prime: 6. * Federal Department/Agency: 7. * Federal Program Name/Description: I N/A I I CFDA Number. if applicable: I 8. Federal Action Number, if known: 9. Award Amount, if known: I I $ l I 10. a. Name and Address of Lobbying Registrant: Prefix I I 'First Name 1 N /21. Middle Name I I • Last Name j MI-n. I Suffix I I • Street 1 I 1 Street 2 1 I *City I J State [ I Zip I I b. Individual Performing Services (including address if different From No. 10a) Prefix I I *First Name 1 N/n. 1 Middle Name I I .., Last Name 1 N/."A I Suffix I I • Street 1 I I Street 2 I j 'City I I State L I Zip I I 11. lnfonmation requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon Which reliance was placed by the tier above when the Lransaction was made or entered into. Thls disclosure is required pursuant to 31 U.S. C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to fila the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. - * Signature: I J<Di'".L t /,/1 /)~;'}--./) g *Name: I I I I RPVArl v I I I 'LastName I W:i ll ; ::.me:: I Suffix I I Title: Jl<'morrr Mrnn+-,....,...,....,..,::j J Telephone No.: I 9 ~ O _ 8 9 :3 :;z ~ 8 O !oate:!: /0· d.?-/4 Federal Use.Only: ·.· ~ Authorized''" local Roproduction Standard Form-LLL (Rev. 7~1) 111714 HC BOC Page 64 Agenda. Item 5-::r= Harnett COUNTY Tommy Burns County Manager Joseph Jeffries Deputy County Manager A RESOLUTION TO CANCEL THE NOVEMBER 25, 2014 SPECIAL SESSION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS PO Box 759 102 E. Front Street Lillington, NC 27546 ph: 910-893-7555 fax: 910-814-2662 THAT WHEREAS, the Harnett County Board of Commissioners adopted on September 19, 1994 certain Rules of Procedure by which the Board would conduct its meetings; and WHEREAS, Rule 6 ofthe Rules of Procedure concerning "I<.egular and Special Meetings" states that the Board may cancel the place or time of a particular regular meeting by resolution: that the Board has determined that it will not meet at its special session scheduled morning meeting of Tuesday, November 25,2014. NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Harnett County that its special session scheduled for Tuesday, November 25, 2014, at 9:00a.m. is hereby canceled; that this Resolution shall be filed with the Clerk to the Board, posed at the regular meeting place and forwarded to all parties on the County's Sunshine List. Adopted by the Harnett County Board of Commissioners in regular session, this 17th day ofNovember, 2014. HARNETT COUNTY BOARD OF COMMISSIONERS By: __________________________________ __ Joe Miller, Chairman Attest: Margaret Regina Wheeler, Clerk strong roots • new growth 111714 HC BOC Page 95 Harnett COUNTY Agenda Item 5 -J( 1ers ____ -····--...••. org Joe Miller, Chairman Gary A. House, Vice Chairman Jim Burgin Beatrice B. Hill November 17,2014 C. Gordon Springle Gina Wheeler, Clerk to the Board Mr. Ken Baker, Mobility Development Specialist II North Carolina Department of Transportation/Public Transit Division I South Wilmington Street Raleigh, NC 27601 PO Box 759 102 E. Front Street Lillington, NC 27546 ph: 910-893-7555 fax: 910-814-2662 Re: Letter of Support for Johnston County Industries (JCI) I Harnett Production Enterprise's (HPE) 5310 Program Application for Purchase of Service Dear Mr. Baker: The Harnett County Board of Commissioners would like to express its support of JCI/HPE's application to the North Carolina Department of Transportation for 5310 Program funding for the purchase of service to supplement direct costs associated with transportation of HPE passengers. Harnett Area Rural Transit System (HARTS) uses Elderly and Disabled Transportation Assistance Program (EDTAP) funds to provide daily transportation for HPE passengers. JCI's successful application and program will help supplement the County's growing expenditure support for this transportation. This is another great illustration of community partnerships to ensure Harnett County meets the needs of our residents. Harnett County anticipates this grant will assist in continuing efficient transit operations in support of its citizens utilizing HPE services. Likewise, the funding award will help to offset the rising costs of public transportation in our community. Sincerely, Joe Miller, Chairman Harnett County Board of Commissioners strong roots • new growth 111714 HC BOC Page 96 RESOLUTIONS OF THE BOARD OF COMMISSIONERS OF HARt~ETT COUNTY NORTH CAROLINA Agenda Item 8 The undersigned hereby certifies that the following resolutions were adopted by the Board of Commissioners of Harnett County, North Carolina ("Board") in a meeting duly convened and with a quorum present on November_, 2014. WHEREAS, Harnett Health System, Inc. ("HHS") has adopted Amended and Restated Articles of Incorporation ("Articles") that establish, among other things, the structure of a Board ofTrustees ofHHS ("Board"); WHEREAS, HHS has entered into a Management Services Agreement dated November 3, 2014 ("MSA") with Cumberland County Hospital System, Inc. dba Cape Fear Valley Health System ("Cape Fear"), a copy of which is attached hereto as Exhibit A; WHEREAS, pursuant to the MSA, HHS and Cape Fear have agreed, among other things, to amend the Articles to provide a seat on the Board to a person nominated by Cape Fear, a copy of the Amendment to the Amended and Restated Articles of Incorporation ("Amended Articles") is attached hereto as Exhibit B; WHEREAS, pursuant to the MSA, if Cape Fear elects to exercise its option, HHS proposes to enter into certain agreements with Cape Fear to form a new entity ("Newco") in which HHS shall own fifty one percent (51%) and Cape Fear will own forty nine percent (49%) as set forth in more detail in Section 4.C of the MSA; WHEREAS, Harnett County, North Carolina ("County") and the City of Dunn, North Carolina ("City") each have an interest in the structure of the Board and an interest in the operations ofHHS; WHEREAS, the adoption by the City of resolutions similar to the Resolutions set forth herein is a condition of the effectiveness of the Resolutions set forth herein; WHEREAS, the Amended Articles will be filed with the North Carolina Secretary of State immediately following approval by the City and the County; and WHEREAS, the terms of the Amended Articles and the terms and conditions of the MSA are deemed by the Board to be in the best interest of the County. NOW, THEREFORE, BE IT RESOLVED, the Board hereby authorizes, approves and consents to the execution of the MSA and the Amended Articles and the filing of Amended Articles with the North Carolina Secretary of State. 20502.229-843114 v1 111714 HC BOC Page 97 RESOLVED FUTHER, that the Board hereby authorizes, approves and consents to the formation of Newco for the purpose of transferring all of the tangible and intangible assets, except the real property and improvements associated with Betsy Johnson Regional Hospital and Central Harnett Hospital (and such other real property and related improvements owned by HHS) ("HHS Real Property"), to cause HHS and Newco to enter into a lease of the HHS Real Property and to cause an ownership interest in Newco equal to 49% ofNewco to be conveyed to Cape Fear and to such other actions as required in accordance with the terms and conditions set forth in the MSA. RESOLVED FURTHER, that the County Manager be, and hereby is, authorized and empowered, for and on behalf of Harnett County, to execute and deliver all such additional documents and to take all such additional actions as he determines to be appropriate or necessary in connection with the foregoing resolutions and the transactions contemplated thereby, the appropriateness or necessity thereof to be conclusively evidenced by the execution and delivery of such documents or the taking of such actions; and the County Manager be, and hereby is, authorized and directed to execute on behalf of the County, any and all documents that are deemed necessary or desirable to carry out the purposes of the foregoing resolutions. RESOLVED FURTHER, that the foregoing resolutions be adopted and shall be filed with the records of the County. 20502.229-843114 v1 2 111714 HC BOC Page 98 The undersigned hereby certifies the foregoing to be a true, correct and complete copy of the Resolutions adopted by the Board of Commissioners on November_, 2014. This, the_ day ofNovember, 2014. ATTEST: County Clerk Joe Miller Chairman of the Board of Commissioners 20502.229-843114 v1 111714 HC BOC Page 99 Exhibit A MANAGEMENT SERVICES AGREEMENT This Management Services Agreement (this "Agreement") is made and effective as of November 3, 2014 (the "Effective Date") by and between Harnett Health System, Inc. d/b/a Harnett Bealth System ("HHS") and Cumberland County Hospital System, Inc. d/b/a Cape Fear Valley Health System ("CFVHS") (collectively, the "Parties" or individually, a "Party"). RECITALS WHEREAS, HHS owns and operates Betsy Johnson Memorial Hospital in Dunn, North Carolina and its provider based location, Central Harnett Hospital, in Lillington, North Carolina (the "Hospital") and such other facilities practices and locations operated by HHS or its subsidiaries, including those subsidiaries identified on Exhibit A attached hereto, under the d/b/a Harnett Health System or one of its other doing business as names (each a "Facility," collectively with the Hospital, the ''Health System"); WHEREAS, HHS desires to retain CFVHS to provide certain management services for purposes of managing the Health System; WHEREAS, CFVHS has such management and operational expertise to assist HHS by providing management services for inpatient and outpatient hospital services and associated health system services and desires to accept responsibility for the provision of such management services for the Health System, in accordance with the terms of this Agreement; WHEREAS, HHS and CFVHS believe that it is in the best interest of quality patient care and the effective, efficient administration and delivery of health care in Harnett County and the surrounding region that this Agreement be entered into by the Parties; WHEREAS, HHS believes that the Health System will benefit from the expertise and resources that CFVHS can offer with respect to clinical, financial, managerial and technology functions; WHEREAS, CFVHS has agreed to make available to HHS certain funds pursuant to that certain Line of Credit Agreement, dated as of the date hereof, by and between the Parties in the amount of $3,000,000 (the "Line of Credit"); WHEREAS, HHS has agreed to issue an Obligation under its Master Trust Indenture (the "HHS MTP'), dated as of April I, 2011, between HHS and U.S. Bank National Association, as trustee to secure its obligations to CFVHS under the Line of Credit; WHEREAS, HHS has agreed to promptly seek approval from the United States Department of Agriculture ("USDA") to increase the line of credit by an additional $7,000,000 to a total of $10,000,000 (the "LOC Approval") under terms and conditions substantially similar to those found in the Line of Credit, including but not limited to including such additional amounts under the Obligation pursuant to the HHS MTI; and WHEREAS, CFVHS and HHS contemplate further transactions pursuant to which CFVHS and HHS are anticipated to be the members of a newly formed North Carolina nonprofit corporation or limited liability company (''Newco"), which will become the owner and operator of the Health System as further outlined herein. STATEMENT OF AGREEMENT NOW THEREFORE, in consideration of the mutual promises contained herein and for other good 20502.229-843114 v1 111714 HC BOC Page 100 and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: SECTION 1. APPOINTMENT (a) Appointment. HHS hereby engages CFVHS as the exclusive provider, for and on behalf ofHHS, to supervise and manage the day-to-day operations of the Hospital, the Facilities and the Health System. The management services to be provided by CFVHS shall include those services more specifically identified in Section 2 of this Agreement and Exhibit B attached hereto (the "Management Services"). The Management Services shall be provided by CFVHS in a manner consistent with Comparable Hospital Standards, HHS's Board of Directors ("HHS Board"), the appropriate accrediting organizations, and the rules, regulations and bylaws of the Hospital. Whenever this Agreement contains a reference to "Comparable Hospital Standards" or "Comparable Hospitals", said reference shall require the evaluation and consideration as a frame of reference or basis for comparison, selection or determination, other Hospitals located in North Carolina counties which are operated for the benefit of the community served by the Hospital, similar or comparable in size, or numbers of licensed beds, average patient census, and average collected revenues. (b) Charitable Purposes. CFVHS acknowledges that HHS conducts its operations in such a manner as to provide significant public and charitable benefits to the community. CFVHS shall manage the Health System consistent with such purposes. (c) Authority. (i) HHS and CFVHS acknowledge and agree that CFVHS has accepted the duty and responsibility of supervising and managing the Health System for and on behalf of HHS. fu performing the Management Services, CFVHS shall be responsible for management of the Health System consistent with the annual budget approved by HHS and the limitations of this Agreement. CFVHS shall at all times throughout the Term of this Agreement manage the Hospital, the Facilities and the Health System in accordance with all policies, standards and procedures relating to the operation of the Health System that presently exist or as may from time to time be established by HHS, in accordance with any regulatory requirements to which the Hospital or the Facilities are bound, in accordance with all applicable laws, and in a manner that furthers the charitable purposes ofHHS. HHS shall remain ultimately responsible for compliance with respect to all applicable provisions of federal, state and local laws, rules, regulations and ordinances and standards of ·accreditation, including but not limited to those regarding the establishment and operation of health care facilities in North Carolina. (ii) The HHS Board will retain control and direction of its assets and operations, including the Health System, and this Agreement shall not constitute a delegation of any powers, duties or responsibilities vested in the HHS Board. CFVHS shall consult with and obtain the approval of the HHS Board (which approval shall not be unreasonably withheld) regarding the matters of more than routine significance listed below: 20502.229-843114 v1 (1) (2) (3) Strategic plans; The addition and deletion of clinical programs and services or any material components thereof; Adopting and amending Medical Staff Bylaws and Rules and Regulations, acting on recommendations for granting clinical privileges and appointing and reappointing members of the Medical Staff and Exhibit A-5 111714 HC BOC Page 101 reviewing quality improvement activities of the Medical Staff, including without limitation, peer review and disciplinary activities, and acting on Medical Staff recommendations in respect thereto; (4) Participating in the appointment, retention and evaluation of the Hospital's President; (5) Receiving reports and acting on recommendations regarding quality assurance and risk management activities; ( 6) Marketing and public relations programs, as part of and consistent with the strategic plan; (7) Significant Hospital policies and procedures developed by CFVHS; (&) Appointing the independent auditors an(! legal counsel; and (9) Incurring material indebtedness. (d) Force Majeure. Neither Party shall be obligated to perform any of its obligations pursuant to this Agreement that it is prevented from performing by law, act of God, war, strike, labor unrest, unavailability of supplies or services, or similar events beyond the Party's reasonable control, for the period of time the applicable event continues, but not including any obligation it is prevented from performing due to the Party's .own malfeasance or where non-performance is caused by the usual and natural consequences of external forces or where the intervening circumstances are specifically contemplated. To the extent practicable, the Party prevented from performing any obligations pursuant to this subsection (c) shall provide notice to the other Party immediately upon the happening of such event that prevents performance, including a list of the obligations the Party will be prevented from performing and the anticipated timeframe in which the Party will be prevented from performing. SECTION 2. MANAGEMENT SERVICES.Subject to the provisions of Section 1 of this Agreement, CFVHS will render the management services set forth below and as further specified on Exhibit B attached hereto:Responsibility for day-to-day operations and administration ofHHS, including its facilities, personnel, and supplies; (b) Preparation and development of HHS's annual operating and capital budgets, in consultation with the HHS Board, as well as all monthly, quarterly, and year-end financial reports, and such other reports as may be requested by the Board from time to time; (c) Management and administration of HHS' s business office functions, including, but not limited to, HHS's billing and collection activities, accounting and bookkeeping functions, and accounts pay~ble and purchasing activities; (d) Subject to applicable laws, providing access to and managing utilization of CFVHS's group purchasing organization, and other negotiated purchasing agreements and opportunities; (e) Management and administration ofHHS's managed care contracting process directly to the extent permitted by law or via arranging for a third party to negotiate such agreements on HHS's behalf; (f) Development and administration ofHHS's physician recruitment and retention activities; and 20502.229-843114 v1 Exhibit A-6 111714 HC BOC Page 102 (g) Subject to applicable laws, providing and administering HHS's marketing and public relations activities. SECTION 3. ADDITIONAL CFVHS OBLIGATIONS.( a) Executive Positions. CFVHS will employ and provide individuals to serve as HHS's President and Director of Finance as well as such other key management employees as the Parties may mutually agree shall be employed by CFVHS (collectively "Executive Staffing"), who will provide for the management of the day-to-day operations of the Health System. The President will report to the HHS Board and to the Chief Executive Officer of CFVHS. The Director of Finance will report to the President and the Chief Financial Officer of CFVHS. The President will be appointed with the approval of the HHS Board, which approval shall not be unreasonably withheld, and the HHS Board will designate such person as the President. At the time a President is employed, CFVHS shall notifY the HHS Board of the salary range which will be used by CFVHS in determining the initial salary of the President. HHS Board shall have the right to review and approve or not approve such salary range; provided that any such approval shall not be unreasonably withheld. If HHS desires the removal from Hospital of the individual serving as President HHS shall promptly notify CFVHS in writing. The Parties shall then negotiate the matter in good faith but if, after thirty (30) calendar days, the parties are unable to agree on the disposition of the President (i.e. whether to remove President from Hospital or retain the President at Hospital), HHS shaiJ give CFVHS thirty (30) days' advance written notice of removal of the President. CFVHS, as employer of the President, may, at any time, unilaterally and immediately remove the President from Hospital and dismiss President from its employment. The President will supervise and direct the management and operations of the Hospital in accordance with the terms of this Agreement. CFVHS shall monitor the performance of the President and shall conduct a performance review on an annual basis, and shall allow the HHS Board to participate in such review. In addition to the general management authority granted to the President hereunder, the President shall: a. Attend meetings of the HHS Board; b. Serve as the liaison between CFVHS, the HHS Board and the Medical Staff; c. Subject to the terms and provisions of this Agreement, execute on behalf of the Health System such contracts, agreements, and evidence of indebtedness as are authorized from time to time by the HHS Board; d. Grant temporary and emergency clinical privileges to qualified practitioners where appropriate, subject to and in accordance with the Hospital's Medical Staff bylaws, and exercise all authority delegated by the HHS to the President with respect to Medical Staff matters; and e. this Agreement. Perform any other duty or responsibility as directed or authorized by CFVHS in (b) Other Services. CFVHS and its affiliates may otherwise provide other administrative and professional services to HHS ("Additional Services"), which shall be separately reimbursable from the fees set forth on Exhibit C attached hereto, which services and the amounts to be reimbursed to CFVHS shall be agreed upon in advance in writing. (c) Line of Credit. CFVHS shall provide HHS the Line of Credit, which shall be secured by an Obligation issued under the HHS MTI. CFVHS shall enter into a second line of credit or an amended and restated line of credit for an additional $7,000,000 under terms and conditions substantially similar to the Line of Credit upon HHS obtaining the LOC Approved; provided however, that CFVHS shall not be obligated to enter into the same until HHS has obtained the City of Dunn and County of Harnett consents required under Sections 4.a. and 4.c. hereof 20502.229-843114 v1 Exhibit A-7 111714 HC BOC Page 103 (d) Service Level. CFVHS shall use good faith efforts (i) to maintain in full force at all times during the term of this Agreement on HHS's behalf all necessary licenses, certifications, permits, and other approvals required by applicable local, state, and federal laws and regulations with respect to the operations of the Hospital, if the failure to maintain such license, certification or penn it would cause a material adverse effect on the operations of the Hospital, (ii) to take reasonable steps necessary to cause the Hospital to be properly accredited by the Joint Commission; (iii) to cause the Hospital to be certified to participate in the Medicare program under Title XVIII of the Social Security Act, 42 U.S.C. § 1395k; (iv) to cause the Hospital to remain a certified provider for Medicaid under regulations promulgated by the Division of Medical Assistance pursuant to N.C. Gen. Stat. Section 108A, Article 2, Part 6 and Title XIX of the Social Security Act; and (v) to conduct operations at the Hospital at all times in material compliance with the terms of such licenses, certificates, accreditations, permits, and approvals. CFVHS shall provide HHS copies of any such licenses, certifications, accreditations, permits, or approvals upon request and promptly notify HHS of any revocation or suspension of, or the imposition of any material restriction to, any such licenses, certificates, accreditations, permits, or approvals, which would cause a material adverse effect on the operations of the Hospital. (e) Taxes. If applicable, CFVHS shall be responsible for the payment of all taxes, assessments, license fees, and other charges assessed on any personal property owned by CFVHS relating to the operation of the Hospital. SECTION 4. OBLIGATIONS OF HHS.CFVHS Board Seat. Prior to the Effective Date, HHS shall have approved the amended and restated articles and bylaws attached hereto at Exhibit D pursuant to which CFVHS shall have the right to nominate and appoint one (1) of the six (6) HHS board members (which board seat is currently elected by HHS) (the "CFVHS Board Seat"). Within thirty (30) days of the Effective Date, HHS shall have obtained the written consent of City of Dunn and the County of Harnett approving the same. HHS shall not amend or otherwise alter the Board composition during the Term without the prior written consent of CFVHS. Provided however, upon termination of this Agreement, the Board member appointed by CFVHS shall resign effective on the date of termination of this Agreement and the right of CFVHS to nominate and appoint a Board member shall revert to HHS. (b) Line of Credit. HHS shall execute and deliver to CFVHS the Line of Credit Agreement, together with the Obligation (as defined in the HHS MTI) under the HHS MTI securing its obligations to CFVHS under the Line of Credit. HHS shall promptly obtain the LOC Approval and shall enter into a second line of credit or an amended and restated line of credit for an additional $7,000,000 under terms and conditions substantially similar to the Line of Credit. (c) Right To Purchase Interest in Newco. At any time during the Term of this Agreement, CFVHS shall have the right but not the obligation to elect to enter into a transaction by which CFVHS will obtain a forty nine percent (49%) interest in the ownership and operation ofNewco. Upon providing such written notice (the "Notice Date"), the Parties shall promptly negotiate in good faith. the terms of transactions documents (the "Definitive Agreements") pursuant to which the Parties will proceed to the closing (the "Closing Date") of the transactions outlined below (collectively, the "Transactions") and Harnett shall promptly seek the written consent of the USDA to the Transactions: (i) HHS shall transfer all of the tangible and intangible assets, except for the real property associated with the Hospital and the Facilities, but including cash on hand, and certain of its liabilities associated with the current operation of the Health System to Newco. (ii) HHS shall enter into a Lease Agreement with Newco whereby HHS shall lease the Hospital and the Facilities to Newco. Consideration for the Lease Agreement shall be paid by Newco in an amount not less than the amount ofHHS's payment obligations pursuant to the HHS MTI, if any and any other payment obligations secured by the Facilities, if any. The payments 20502.229-843114 v1 Exhibit A-8 111714 HC BOC Page 104 shall be made by Newco in such amounts and on a schedule that are at least sufficient in amount and timeliness to permit HHS to comply with the terms and conditions for payment and other covenants of HHS under the HHS MTI and other payment obligations and covenants of HHS secured by the Facilities. (iii) HHS shall transfer to Newco all of its beneficial ownership and rights (including, without limitation, rights to manage or control the management) in and to each HHS subsidary identified on Exhibit A pursuant to one or more documents of conveyance, and HHS shall cause each such subsidary to amend its organizational documents to the extent necessary or appropriate to carry out the foregoing terms and obligations. (iv) CFVHS shall waive the Management Services Fees due and owing under this Agreement for the period from the Effective Date until the earlier of (A) two (2) years from the Effective Date or (B) the Closing Date of the Transactions, as described in detail in Exhibit C. (v) CFVHS shall forgive the principal balance and any accrued interest thereon outstanding on the Closing Date under the Line of Credit or any additional line of credit and/or amended and restated line of credit entered into by the parties, which amounts shall be forgiven by CFVHS effective as of the Closing Date. (vi) HHS shall hold a fifty one percent (51%) membership interest in Newco and CFVHS shall hold a forty nine percent (49%) membership interest in Newco. Neither Party shall have the right to sell its membership interest, or any part thereof, in Newco without the prior written consent of the other Party. (vii) HHS and CFVHS shall each nominate and appoint Newco board members consistent with their respective ownership percentage. (viii) Subject to compliance with applicable laws, HHS shall grant CFVHS an option to purchase such remaining portion of HHS's 51% membership interest as CFVHS elects to purchase, at a price equal to the fair market value of such membership interest at the time of the sale, as determined by an independent third party valuator. (ix) Newco and CFVHS shall enter into a Management Services Agreement in a form substantially similar to this Agreement pursuant to which CFVHS shall be responsible for the day-to-day operation and management of Newco, subject at all times to the oversight and governance ofNewco's Board ofDirectors. Within thirty (30) days of the Effective Date, HHS shall have obtained the written consent of City of Dunn and the County of Harnett approving the terms of this Section 4.c., including but not limited to the right of CFVHS to obtain a forty nine percent (49%) membership interest in Newco (the "Transaction Consents"). (d) Exclusivity of Negotiations. During the Term of this Agreement, CFVHS shall have the exclusive right to negotiate with HHS concerning the Transactions or any transaction or series of transactions similar to those described above pursuant to which HHS would sell, lease or transfer ownership or control of the Health System or Hospitals in whole or in part. During the entire exclusive negotiating period, HHS shall not enter into negotiations or an agreement with any person or entity, including but not limited to any other hospitals, health systems, health care companies, physicians, health maintenance organizations, insurance companies, management service organizations, or healthcare networks without the express, prior written approval of CFVHS, nor shall HHS express an interest in such a relationship as described herein to any third party without the express written consent ofCFVHS. 20502.229-843114 v1 Exhibit A-9 111714 HC BOC Page 105 (e) Payment of Expenses and Liabilities of HHS. HHS shall be responsible for the payment of all expenses and liabilities related to its operations (and CFVHS shall not be responsible for any such expenses or liabilities), including the operations of the Hospital, including but not limited to: (i) All real property and related facilities and equipment as reasonably necessary to operate the Health System and for CFVHS to carry out its duties under this Agreement. (ii) Hazard, liability, professional and other necessary insurance coverage for HHS and its affiliates. (iii) All debts and obligations ofHHS related to the Health System consistent with the tenns of any loan, mortgage, lease, agreement or other instrument evidencing the debt or obligation. (iv) Staffing. All staff necessary to operate the Health System other than the Executive (v) All liabilities of HHS to any third party, including but not limited to vendors, claims as a result of medical malpractice or claims for recoupment, offset, fines or penalties as a result ofHHS's operations or third party billings. (f) Oversight of Operations. CFVHS shall consult with and obtain the approval ofthe HHS Board, which approval shall not be unreasonably withheld, regarding the following matters: (i) Detennining and setting patient charges for the services provided by the Health System; all of which charges shall be billed in the name of HHS to the appropriate third party payers and state and federal agencies in compliance with all applicable laws and third party payor billing requirements. (ii) (iii) System. (iv) Approving any operating and capital budget prepared or developed by CFVHS. Approving all appropriate policies and operating procedures for the Health Strategic plans. (v) The addition and deletion of clinical programs and services or any material components thereof. (vi) Adopting and amending Medical Staff Bylaws and Rules and Regulations, acting on recommendations for granting clinical privileges and appointing and reappointing members of the Medical Staff and reviewing quality improvement activities of the Medical Staff, including without limitation, peer review and disciplinary activities, and acting on Medical Staff recommendations in respect thereto. (vii) Participating in the appointment, retention and evaluation of the Hospital's President. (viii) Receiving reports and acting on recommendations regarding quality assurance and risk management activities. 20502.229-843114 v1 Exhibit A-1 0 111714 HC BOC Page 106 (ix) Marketing and public relations programs, as part of and consistent with the strategic plan. (x) Significant Hospital policies and procedures developed by CFVHS. (xi) Appointing the independent auditors and legal counsel. (xii) Incurring material indebtedness. In addition to the costs and expenses specified in Section (e) above, all costs and expenses incurred with respect to HHS's duties specified in Section (f) above will be borne by HHS. (g) Licensure and Certification. HHS, with the assistance of CFVHS, shall obtain and maintain in the name of HHS all certifications, licenses, permits, approvals, and other accreditations in connection with the operation of the Hospital and the Facilities. (h) Compliance. HHS shall maintain and follow a corporate compliance program. (i) HHS License. HHS grants to CFVHS an exclusive license to use the names "Betsy Johnson Hospital", "Central Harnett Hospital", "Harnett Health System", and any other names or logos used by HHS in conjunction with the Health System (the "HHS License") during the term of this Agreement. The HHS License shall immediately terminate in the event this Agreement expires or terminates for any reason. In conjunction with its management of the Hospital and the Facilities, HHS shall have the right, but not the obligation, to use the name "Cape Fear Valley Health System", "Cape Fear Valley", and any other names or logos developed by CFVHS in conjunction with CFVHS's system operations and which are utilized by other hospitals affiliated with CFVHS (the "CFVHS License"). Any use of such names shall be in CFVHS's sole discretion. G) Payment of Fees under this Agreement. HHS shall pay in a timely manner the fees associated with services rendered pursuant to Section 5 of this Agreement. follows: (k) Representations and Warranties of HHS. HHS represents and warrants to CFVHS as (i) HHS is a non-profit corporation created under N.C.G.S., Chapter 55A, which is duly organized, validly existing, and in good standing under the laws of the State of North Carolina and has all corporate power and authority to conduct the business of the Health System as such business is now being conducted. (ii) HHS and its subsidiaries have taken all action necessary to authorize the execution and delivery of this Agreement, and the consummation of the transactions contemplated hereby. When executed and delivered by HHS, this Agreement shall constitute valid and binding obligations of HHS and its subsidiaries, enforceable in accordance with their terms and conditions. Neither the execution nor the delivery of this Agreement nor the consummation of the transactions contemplated hereby, nor compliance with any of the terms and conditions hereof, (A) will result in the breach by, will constitute a default under, or will conflict with, any of the terms, conditions or provisions (1) ofHHS's or its subsidiaries' articles of incorporation, bylaws, or any other organizational or constitutive instrument of HHS or such subsidiaries, or (2) any agreement, mortgage, order, judgment, permit, authorization, or instrument to which HHS or its subsidiaries is a party, or by which it is bound; or(B) will violate any applicable federal or state law. Without limiting the foregoing, in particular, HHS represents and warrants that (C) effective as the date hereof, HHS has terminated that certain Management Services Agreement with 20502.229-843114 v1 Exhibit A-ll 111714 HC BOC Page 107 WakeMed, dated November 8, 2005, as amended, and HHS has (1) obtained WakeMed's consent to the release of any and all rights (including any rights of first refusal) of WakeMed now or in the future to the ownership and/or operation of the Health System or (2) otherwise lawfully terminated the WakeMed Management Services Agreement and extinguished all rights (including any rights of first refusal) of WakeMed now or in the future to the ownership and/or operation of the Health System and (D) except for such outstanding consents as specifically identified in Sections 4.a., 4.b. and 4.c. hereof, HHS has obtained the written consent of any state, county, or local bodies (including but not limited to the County of Harnett and the City of Dunn) required to authorize the execution and delivery of this Agreement, and the consummation of the transactions contemplated hereby. (iii) HHS is tax exempt under Section 501(c)(3) of the Internal Revenue Code and is not a private foundation as described in Section 509(a) of the Code and such tax exemption has not been modified or revoked. (iv) Neither HHS nor its subsidiaries have incurred any liabilities or obligations of any nature, whether accrued, absolute, contingent or otherwise, which are required under GASB to be reflected in the balance sheet of HHS and its subsidiaries or the notes thereto, except liabilities or obligations incurred since the date of the financial statements in the ordinary course of business and consistent with past practice. SECTION 5. CO:MPENSATION (a) Management Fee. In exchange for the rights and services provided hereunder, HHS shall comply with the terms and covenants set forth herein and pay the fees as set forth in Exhibit C. (b) Fair Market Value. CFVHS and HHS acknowledge and agree that the compensation set forth herein represents fair market value as a result of arms-length negotiation and does not take into account the volume or value of any referrals or other business generated between the Parties. The benefits hereunder do not require, are not payment for, and are not in any way contingent upon, the referral (as that term is defined at 42 U.S.C. § 1395nn or 42 U.S.C. § 1320a-7b), admission, or any other arrangement for the provision of any item or service offered by either Party to patients of the other Party in any facility or health care operation controlled, managed, or operated by the Parties. This Agreement is not intended to influence the judgment of any physician or other health care provider in choosing a medical facility appropriate for the proper care of his or her patients. The Parties hereby support a patient's right to select the medical facility of his her choice. SECTION 6. TERM.Subject to Section 7 hereof, this Agreement shall commence on the Effective Date and continue for a period of ten (10) years (the "Initial Term"). This Agreement wiU automatically renew for additional one (1) year terms (each, a "Renewal Term"; collectively with the Initial Term, the ''Term") unless either Party terminates the Agreement by giving the other Party one hundred eighty (180) days prior written notice prior to the end of the Initial Term or the then current Renewal Term. SECTION 7. TERMINATION. (a) either Party: 20502.229-843114 v1 Termination by Either Party. This Agreement may be terminated by the other Party if (i) is unable to pay its debts generally as they become due; Exhibit A-12 111714 HC BOC Page 108 (ii) has an order for relief entered in any case commenced by it under the federal bankruptcy laws, as now or hereafter in effect; (iii) commences a proceeding under any federal or state bankruptcy, insolvency, reorganization or similar law, or has such a proceeding commenced against it and either has an order of insolvency or reorganization ·entered against it or has the proceeding remain undismissed and unstayed for ninety (90) days; (iv) makes an assignment for the benefit of creditors; (v) has a receiver or trustee appointed for it or for the whole or any substantial part of its property; or (vi) is excluded from participation in any governmental health care program. (b) Termination for Cause. In the event of a material breach by either Party of any of its covenants under this Agreement, the non-breaching Party may terminate this Agreement if the breaching Party fails to cure such breach within one hundred twenty (120) days of its receipt of written notice of default(s). (c) Termination by CFVHS. Notwithstanding any other provision of this Section 5, CFVHS shall have the right to terminate this Agreement immediately upon: (i) the failure ofHHS to obtain the LOC Approval from the USDA within thirty (30) days of the Effective Date; (ii) the failure of HHS to obtain the written consent of City of Dunn and the County of Harnett to the appointment of the CFVHS Board Seat within thirty (30) days of the Effective Date; (iii) the failure of HHS to obtain the Transaction Consents within thirty (30) days of the Effective Date; (iv) the occurrence of an "Event of Default" as that term is defined in the Line of Credit or any additional line of credit and/or amended line of credit entered into by the parties; or (v) the failure of HHS to obtain any required third party consent or approval, including but not limited to the USDA, necessary to effectuate the Transactions within sixty (60) days of the Notice Date. (d) Termination Without Cause. After the first year of the Initial Term, CFVHS shall have the right to terminate this Agreement without cause upon one hundred eighty (180) days prior written notice to HHS. (e) Conditions of Termination. Upon termination of this Agreement pursuant to this Section, all obligations of CFVHS hereunder shall be deemed immediately terminated. CFVHS shall cooperate with HHS and its representatives to ensure that records, documents, and other such materials are appropriately returned to HHS in a format accessible to HHS. After the effective date of termination, HHS shall compensate CFVHS on a reasonable hourly basis for CFVHS's assistance in completing any services begun hereunder, if requested by HHS and as mutually agreed by the Parties, in transitioning management back to HHS or to a third party. Any obligations ofHHS to pay fees to CFVHS hereunder that arose prior to the termination of this Agreement shall survive the termination of this Agreement, and 20502.229-843114 v1 Exhibit A -13 111714 HC BOC Page 109 HHS shall be fully responsible for all such fees. HHS shall pay all fees earned and accrued through the date oftermination of this Agreement to CFVHS in the manner specified in Exhibit C. If CFVHS used a particular computer system or software in providing Services, CFVHS shall cooperate with l-IHS during the management transition back to HHS or to a third party to make information from such system or software available to HHS in an accessible format, provided however that, to the extent HHS or any third party management company desires the electronic transfer of data or information from CFVHS, HHS shall be responsible for any costs to CFVHS to effectuate such transfer in the format desired. SECTION 8. RELATIONSIDP OF PARTIES. (a) Nothing herein shall be construed as giving HHS control over, or the right to control, the judgment or actions of CFVHS or individuals performing services on behalf of CFVHS with respect to the Management Services rendered hereunder, and CFVHS shall at all times act as and be deemed to be an independent contractor, subject to the contractual conditions, obligations and limitations set forth herein. (b) This Agreement shall not be construed as creating a partnership or joint venture. Except as explicitly set forth herein, neither Party shall hold itself out as or act as an agent of the other Party, nor have the power to obligate the other Party with respect to third parties in any way; provided, however, that the President and Vice President of Finance shall have such powers as shall be delegated to them by IffiS. (c) Subject to the contractual conditions, obligations and limitations set forth herein, CFVHS shall not otherwise have control over or any right to control the governance of HHS and the Ill-IS Board of Directors, including but not limited to the independent actions of the HHS Board ofDirectors to adopt and apply bylaws, oversee the medical staff of the Hospital and make all decisions related to credentialing of providers at the Hospital and the Facilities. SECTION 9. CONFIDENTIALITY. (a) CFVHS, its agents and employees shall not, at any time, either alone or in association with others, directly or indirectly, make or cause to be made any disclosure or other use not authorized by HHS of any confidential information relating to HHS or its business, unless: (i) such disclosure is required for CFVHS to discharge its duties under this Agreement; (ii) CFVHS is compelled by court order or other compulsory process to disclose such information (provided that CFVHS will first make a reasonable attempt to notifY HHS of such court order or process, and will cooperate, within reason, in any efforts HHS undertakes to resist such disclosure); or (iii) such information is or becomes, through no action of CFVHS, disseminated or otherwise available in the public domain. CFVHS acknowledges and agrees that all information provided by HHS to CFVHS pursuant to this Agreement, including, but not limited to all information provided pursuant to Section 4 of this Agreement, shall be of a confidential and proprietary nature and such information shall not be used by CFVHS to compete with IffiS nor for any purpose other than discharging its duties under this Agreement. (b) HHS, its agents and employees shall not, at any time, either alone or in association with others, directly or indirectly, make or cause to be made any disclosure or other use not authorized by CFVHS of any confidential information related to CFVHS or its business, unless: (i) such disclosure is required for HHS to discharge its duties under this Agreement; (ii) IffiS is compelled by court order or other compulsory process to disclose such information (provided that HHS will first make a reasonable attempt to notifY CFVHS of such court order or process, and will cooperate, within reason, in any efforts CFVHS undertakes to resist such disclosure); or (iii) such information is or becomes, through no action of HHS or any person associated with HHS, disseminated or otherwise available in the public domain. HHS acknowledges and agrees that all information provided by CFVHS to HHS pursuant to this Agreement, including, but not limited to all information provided pursuant to Sections 2 and 3 of this Agreement, shall 20502.229-843114 v1 Exhibit A -14 111714 HC BOC Page 110 be of a confidential and proprietary nature and such information shall not be used by HHS to compete with CFVHS nor for any purpose other than oversight of the Health System under this Agree:r.nent. (c) This Section 9 shall survive termination or expiration of this Agreement for any reason or no reason. In the event of any actual or threatened breach or violation of this Section 9, the disclosing Party shall have full rights to seek injunctive relief, in addition to any other rights and remedies it may have SECTION 10. INSURANCE. (a) CFVHS's Liability Insurance. CFVHS agrees to obtain and maintain appropriate levels of insurance (but not less than the commercially reasonable minimum levels) to insure against any claim arising out of activities of CFVHS, its employees and/or its agents in the provision of the Management Services herein. Such insurance may, at CFVHS's sole discretion, be pursuant to a commercial policy or a properly trusteed self-insurance plan or similar program. CFVHS shall be solely responsible for the payment of any and all premiums, retentions, deductibles ad/or claims with respect to its own policies. (b) HHS's Liability Insurance. CFVHS agrees to obtain and maintain, on HHS 's behalf and its expense, appropriate levels of professional liability insurance (but not less than the commercially reasonable minimum levels) to insure against any claim arising out of activities of HHS, its employees and staff, whether leased, contracted or directly employed, or agents. Such insurance may, at HHS's sole discretion, be pursuant to a commercial policy or a properly trusteed self-insurance plan or similar program. HHS shall be solely responsible for the payment of any and all premiums, retentions, deductibles and/or claims with respect to its own policies. (c) Premises Liability Insurance. CFVHS agrees to obtain and maintain, on HHS's behalf and at its expense, appropriate levels of general and premises liability insurance (but not less than the commercially reasonable minimum levels) on the Hospital and the Facilities. CFVHS shall obtain and maintain appropriate levels of property insurance covering its own property, and personal property of its employees and agents brought to the Hospital and the Facilities. (d) Employers Liability Insurance. Each Party agrees to obtain and maintain appropriate levels of employers liability insurance (but not less than the commercially reasonable minimum levels), naming as appropriate the other Party as an additional insured. Further, each Party shall carry pertinent workers compensation coverage meeting North Carolina requirements for its employees providing services pursuant to this Agreement. (e) Other Insurance. CFVHS may also obtain on HHS's behalf additional types of insurance that it determines are necessary and appropriate for the efficient and proper operation of the Hospital, including but not limited to professional liability insurance covering the activities of the management team and the operation of the Hospital, business interruption insurance, stop-loss insurance, and directors and officers liability insurance. (f) Certificates. Each Party hereto shall at the request of the other Party annually provide the other with a certificate of insuranCe from its insurer, in compliance with the provisions of this Agreement, and with a copy of the policy or other written proof of insurance reasonably satisfactory to the other Party. Such certificates will name the other Party as a party entitled to at least thirty (30) days prior written notice of any termination or modification of coverage. Upon reasonable request, each Party shall be entitled to a copy of any changed policy or new policy or an extract thereof. SECTION 11. INDEMNIFICATION. 20502.229-843114 v1 Exhibit A-15 111714 HC BOC Page 111 (a) No Assumed Liabilities/Employment Liabilities. CFVHS shall neither assume nor become liable for the payment or performance of any liabilities of HHS of any nature whatsoever, whether related to or arising out of the operation ofHHS or its facilities, including without limitation: (i) Any liability based upon any act or omission ofHHS or any of its representatives; (ii) Any indebtedness ofHHS or any of its representatives; (iii) Any liabilities relating to any breach of contract, breach of warranty, tort, infringement, or violation of law by HHS or any of its representatives; or (iv) Any liability for lawsuits, claims, or legal, administrative or arbitration proceedings or investigations relating to HHS or any of its representatives, including but not limited to claims for medical malpractice or claims for recoupment, offset, fines or penalties as a result ofHHS's operations or third party billings. CFVHS may provide payroll and other related services to HHS with respect to staff employed by HHS. However, the Parties agree that the payment of fees, salaries, and wages to all HHS staff (other than the Executive Staffing), as well as any applicable payroll taxes and all other taxes now or hereafter applicable with regard to HHS shall be the sole responsibility of FillS. The Parties agree that neither HHS nor any of their employees or independent contractors have any claim under this Agreement or otherwise against CFVHS for any health and welfare benefits, pension plan or retirement benefits, vacation, sick leave, retirement, disability, or any other employee benefits of any type. All such benefits, if any, are the sole responsibility of HHS, and HHS shall indemnifY and hold harmless CFVHS, its directors, officers, employees, and agents from and against any and all claims, liability, loss, damage, or expenses (including reasonable attorney fees) arising from FillS's responsibilities under this Section ll(a). (b) CFVHS Indemnification. CFVHS agrees that it shall indemnifY hold harmless and defend HHS, including HHS's officers, directors, employees, successors and assigns, for any and all liability, claims, and costs of whatsoever kind and nature, including without limitation attorneys' fees, arising from CFVHS's gross negligence and/or intentional misconduct in the performance of its duties hereunder. (c) HHS Indemnification. HHS agrees that it shall indemnifY, hold harmless and defend CFVHS, including CFVHS's officers, directors, employees, successors and assigns, for any and all liability, claims, and costs of whatsoever kind and nature, including without limitation attorney's fees, arising from or related to the ownership or operation of the Health System or any other asset, facility or other operations ofHHS, except as to any liability arising out of or resulting from the gross negligence or intentional misconduct ofCFVHS or any of its officers, agents or employees. (d) Survival. The requirements of this Section 11 will survive the expiration or termination of this Agreement. SECTION 12. RECORDS. To the extent applicable, CFVHS agrees to make available to the Secretary of the U.S. Department of Health and Human Services or to the U.S. Comptroller General, or to any of their duly authorized representatives, until the expiration of four ( 4) years after the furnishing of services pursuant to this Agreement, this Agreement and the books, documents and records of CFVHS that are required to be made available by section 952 ofP.L. 96-499 to certifY the nature and extent of the costs deemed to be incurred by HHS under this Agreement. Further, if CFVHS carries out any of the duties contemplated herein to be carried out by CFVHS though a subcontract with a related organization(s) and the value or cost of such subcontract is Ten Thousand Dollars ($10,000) or more over a twelve (12) month period, CFVHS shall cause such subcontract to contain a clause similar to this 20502.229-843114 v1 Exhibit A-16 111714 HC BOC Page 112 Section 12. Nothing contained in this section shall be construed to constitute a waiver of the right of privacy or confidentiality otherwise legally available to such person. Nothing constrained in this Section 14 shall be deemed as an agreement by any person that information required to be made available by section 952 of P.L. 96-499 shall be subject to disclosure under the Freedom of Information Act unless otherwise expressly required by law. SECTION 13. NOTICES. All notices, offers, acceptances, and other communications required to be given hereunder shall be given by and be deemed given when delivered by personal delivery or by telecopy or when deposited in U.S. first-class mails addressed as follows: Ifto CFVHS: If to HHS: With a copy to: Cumberland County Hospital System, Inc. d/b/a Cape Fear Valley Health System 163 8 Owen Drive Fayetteville, NC 28302-2000 ATTN: Legal Department Harnett Health System, Inc. DIBI A Harnett Health System 800 Tilghman Drive Dunn, North Carolina 28334 ATTN: Chairman of the Board ofTrustees Wyrick Robbins Yates & Ponton, LLP 4101 Lake Boone Trail, Suite 300 Raleigh, NC 27607 ATTN: Benjamin Thompson or to such other address as the Party may designate in writing to the other Party from time to time. SECTION 14. COMPLETE AGREEMENT. This Agreement constitutes the entire understanding among the Parties in respect of the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous understandings or agreements between the Parties in respect to the subject matter of this Agreement. This Agreement may at any time be amended in whole or part by written instrument executed by each Party hereto. SECTION 15. BENEFIT. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, the legal representatives, successors in interest and assigns, respectively, of each such Party. This Agreement is expressly intended by the Parties for the benefit of the Parties to this Agreement and not for any other person. Nothing in this Agreement shall be construed to create any rights or benefits in any third parties. SECTION 16. ASSIGNMENT. Neither Party may assign its rights or obligations under this Agreement to any other person whatsoever without the prior written consent of the other Party. Notwithstanding the prior sentence, (a) CFVHS may assign this Agreement, for performance, to any affiliate controlled by, under common control with, or controlling CFVHS and (b) CFVHS may utilize affiliates and/or independent contractors in the provision of the Management Services under this Agreement without the prior written consent ofHHS. SECTION 17. WAIVER. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision whether or not similar. No waiver shall constitute a continuing waiver by the Party. No waiver shall be binding unless executed in writing by the Party making the waiver. 20502.229-843114 v1 Exhibit A -17 111714 HC BOC Page 113 SECTION 18. HIP AA. The Parties agree to abide by the tenns of Exhibit E, attached hereto and incorporated herein by this reference. SECTION 19. CHANGES IN LAW. In the event there is a change in the applicable federal or state statutes, rules, regulations, principles or interpretations that reasonably may render any of the material tenns of this Agreement unlawful or unenforceable, including any services rendered or compensation to be paid hereunder, or if the continuation of this Agreement (or any provision hereof) may reasonably render the relationship(s) amongst the Parties hereto illegal, either Party shall have the immediate right to initiate the renegotiation of the affected tenn or tenns of this Agreement, upon notice to the other Party, to remedy such condition. The Parties shall thereafter negotiate using their best efforts to restructure this Agreement so as to make the same lawful, and to the extent possible, to maintain the economic benefits to each Party as contemplated hereunder. Should the Parties be unable to renegotiate the tenn or tenns so affected so as to bring it or them into compliance with the statute, rule, regulation, principle or interpretation that rendered the same unlawful or unenforceable within fifteen (15) days of the date on which notice of a desired renegotiation is given, then the Party providing such notice shall have the right to tenninate this Agreement upon an additional fifteen (15) days written or such shorter time as may be required by law. SECTION 20. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State ofNorth Carolina SECTION 21. MISCELLANEOUS. This Agreement may be executed in any number of counterparts and each executed counterpart shall be taken considered as an original of this Agreement. The captions contained in this Agreement are not part of the context hereof, but are merely labels to assist in locating and reading the sections and subsections. The captions shall be ignored in construing this Agreement. Each exhibit and schei:!ule referred to in this Agreement is hereby incorporated by reference. Should any provision or portion of this Agreement be held unenforceable or invalid for any reason, the remaining provisions or portion of this Agreement shall continue in full force and effect. SECTION 22. MUTUAL COVENANTS. The parties hereto covenant and agree, as follows: (a) The Hospital will be managed, operated and maintained in a manner that will preserve the tax-exempt, 501(c)(3) status ofthe System; (b) (c) Hospital. The Hospital will provide care without regard to ability to pay; and The Hospital will operate primarily for the benefit of the community served by the SECTION 23. EXCLUSIVITY/OPPORTUNITIES. (a) Exclusivity. During the tenn of this Agreement, HHS agrees that CFVHS shall be the exclusive provider of the management services to be provided at the Hospital from and after the Effective Date of this Agreement. If HHS establishes, owns, or operates additional hospitals or other health care facilities in addition to the Hospital after the Effective Date of this Agreement, CFVHS shall have the right to be the exclusive provider of management services at any such additional facilities. (b) Corporate Opportunities in Harnett County. The Parties agree that they will promptly disclose to each other any opportunity to own (in whole or in part), lease, operate, manage or provide financing to any hospital facility within Harnett County (an "Opportunity"). In the event of an Opportunity, CFVHS will discuss such Opportunity with the HHS Board. The HHS Board will have thirty (30) days to review and render a decision regarding such Opportunity. If the HHS Board either 20502.229-843114 v1 Exhibit A-18 111714 HC BOC Page 114 declines or is unable to pursue such Opportunity, or fails to make a decision within thirty (30) days after the disclosure of such Opportunity to the HHS Board, CFVHS will be free to pursue such Opportunity on its own behalf. [Signatures to follow on next page] 20502.229-843114 v1 Exhibit A-19 111714 HC BOC Page 115 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first set forth above. Harnett Health System, Inc. By. __________________ __ !~: ____________________ _ Dated: _________ _ Dated:-----'--' •_,_f_o3_1_2-U_H ___ _ ·· ... 20502.229-843114 v1 Exhibit A-20 111714 HC BOC Page 116 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first set forth above. Harnett Health System, Inc. By: Its: _C-'-'A-'-A->..:.I_rt.M.--'---.:....JM ____ _ Dated:----------- Cumberland County Hospital System, Inc. By: ____________________ _ Its:------------- Dated: __________ _ 20502.229-843114 v1 Exhibit A-21 111714 HC BOC Page 117 Angier Medical Services, LLC Lillington Medical Services, LLC Harnett OB/GYN, LLC Dunn Medical Services, LLC Coats Medical Services, LLC 20502.229-843114 v1 Exhibit A HHS SUBSIDIARIES Exhibit A-22 111714 HC BOC Page 118 ExhibitB ~AGEMENTSERVICES The following services shall be included (all to extent permitted by applicable law) as part of the Management Services and provided by CFVHS as more fully described below: • Supervision of the business office functions: accounting, patient billing, accounts payable, purchasing, etc. • Preparation of operating and capital budgets • Preparation of monthly and annual rmancial reports • Analysis of business office operations • Preparation of monthly management reports, including such specific information as may be reasonably requested by HHS from time to time • Access to purchasing agreements with CFVHS's Group Purchasing Organization ("GPO") and other locally negotiated purchasing agreements • Managed care contracting consultation and negotiation directly to the extent permitted by law or via arranging for third party to negotiate such agreements on HHS 's behalf • Development of a physician recruitment and retention plan • Board of Directors education programs Detailed Description of Management Services Hospital Operations: CFVHS shall provide administrative oversight to all business, administrative and executive functions of the Hospital, consistent with and subject to the policies, procedures and objectives and periodic directives of the HHS Board of Directors, including but not limited to, the following: I. Preparation of administrative and financial reports for presentation to the HHS Board of Directors. 2. Negotiation of professional service contracts. 3. Preparation of reports for the Board of Directors and Medical and Allied Health Staff as appropriate, including (1) general activities and performance within the Hospital and (2) federal and state regulations and local developments that affect Health System operations. 4. Preparation of operating and capital budgets to HHS Board of Directors, as well as other projections including but not limited to annual compensation plans (which include salaries, bonuses, awards, benefits, changes in staffing, and other amenities) and presentation to HHS with any changes in the fmancial forecast. 5. Purchase of approved and budgeted capital equipment, and unbudgeted purchases of capital equipment consistent with HHS policies and procedures as approved by the HHS Board of Directors, except in the event a patient emergency requires such expenditure, in which case approval shall be sought as soon as practicable after such emergency. 6. Provide oversight and direction for the establishment of policies and operating procedures for the Health System. 7. Assist HHS in determining qualifications and duties of the persormel to be regularly employed through HHS. 8. Recommend and assist in the development of process improvement initiatives or focused studies to impact the outcomes and provide the necessary support to understand the root causes of outcomes that need improvement. 20502.229-843114 v1 Exhibit A-23 111714 HC BOC Page 119 9. Arrange for the provision of utilities, building services, and supplies determined by it to be necessary and appropriate for the proper and efficient operation of the Hospital, including, but not limited to, all water, gas, heat, air conditioning, power, light, janitorial and maintenance services, telephone services, laundry services, linen, printed stationery, forms, secretarial and transcription services, nursing services, postage, duplication services, medical records services, office supplies, and medical supplies needed by the HospitaL For the sake of clarity, HHS shall be the contracting party with third party vendors providing such items and services and directly responsible for all such costs and expenses. 10. Arrange for maintenance and repair of the Facilities and all the equipment, furniture, furnishings, and personal property currently located at or used in connection with the Facilities and any new equipment, which CFVHS determines to be necessary or appropriate for the efficient and proper operation of the Hospital. For the sake of clarity, HHS shall be the contracting party with third party vendors providing such items and services and directly responsible for all such costs and expenses. 11. Assist HHS in determining whether to replace or dispose of any equipment pursuant to the capital budgeting process. For the sake of clarity, HHS shall be the contracting party with third party vendors providing such items and services and directly responsible for all such costs and expenses; likewise, any proceeds of such sale shall belong to HHS. 12. Supervise and manage the management information system utilized in the operations of the Hospital. Budgets. No later than thirty (30) days prior to the end of each Fiscal Year during the term of this Agreement, CFVHS shall prepare and submit for approval by the HHS Board a capital expenditure, cash flow, and operating budget (collectively, the "Budgets") for the operation ofthe Hospital for the ensuing Fiscal Year. Approval of the Budget by the HHS Board will not be unreasonably withheld or delayed. For purposes of this Agreement, a "Fiscal Year" shall mean the period between October I of a calendar year and September 30 of the following calendar year. CFVHS shall perform its duties hereunder in good faith as provided in this Agreement so that the actual costs and expenses of the operation and maintenance of the Hospital during the Fiscal Year shall be consistent with the Budgets (provided, however, that nothing in this Agreement is intended, or shall be construed, to be a guarantee by CFVHS of any level of revenues or collections). CFVHS shall inform the HHS Board of any significant variations from the Budgets. The Parties acknowledge and agree that they do not intend to be subject to Combined Entity Reporting on their respective financial statements. The Parties agree to take all reasonable actions to prevent either CFVHS or HHS from being subject to Combined Entity Reporting. Financial Management: CFVHS shall provide supervision of the business office functions such as accounting, patient billing, medical information management, accounts payable and purchasing and will be responsible for the preparation of the operating and capital budgets. CFVHS shall prepare a fee schedule for all technical, ancillary, global and other fees and charges for all services rendered in the Hospital. CFVHS shall provide monthly financial reports, including monthly revenues and expenses, and shall provide an annual frnancial report to the HHS Board of Directors. CFVHS shall coordinate audit activity with an independent public accounting firm to be selected by the HHS Board of Directors. Purchasing Agreements: To the extent permitted by law and CFVHS's GPO Agreement, CFVHS shall provide access to CFVHS's purchasing agreements with CFVHS's GPO and other locally negotiated purchasing agreements. CFVHS's Purchasing Department shall offer assistance in accessing both GPO and locally negotiated purchasing agreements to afford HHS the opportunity to make an informed decision regarding its willingness to access such agreements. 20502.229-843114 v1 Exhibit A-24 111714 HC BOC Page 120 Managed Care Contracting Consultation: CFVHS shall provide evaluation, negotiation and execution of managed care contracts with insurance companies, managed care organizations, employers, and other payers, which may be handled directly to the extent permitted by law or via arranging for third party to negotiate such agreements on HHS's behalf. LegaL CFVHS shall recommend and HHS shall select and retain lawyers or a law finn to provide legal services for legal issues related to the Health System and HHS Board. Legal services provided for the Health System shall be an expense of HHS. Notwithstanding the foregoing, legal services provided to and for CFVHS from its counsel, related to CFVHS's negotiation of this arrangement and future arrangements with HHS (including the Transactions), shall be at the sole cost and expense of CFVHS. Compliance. CFVHS shall provide access to CFVHS compliance department and programs, including compliance education and programing support/materials, establishment of annual compliance work plans; HHS shall continue to maintain an independent compliance program, which will be responsible for identification, review and resolution ofHHS compliance matters. Physician Recruitment: CFVHS shall develop a recruitment program to attract physicians to HHS's service area and to retain physicians who already have privileges at the Hospital. Board Education: CFVHS shall provide access to programs on the following topics: • Health care trends and issues • Board orientation and responsibilities • Managed care • Other program content as appropriate Limitation on Services Services not specifically described in this Exhibit B are not included as part of the Management Services Fee (or the Executive Staffing Fee) and shall be paid for separately as an Additional Services Fee in accordance with Section 3(b) of the Agreement. 20502.229-843114 v1 Exhibit A-25 111714 HC BOC Page 121 Exhibit C FEES 1. Executive Staffing Fee: HHS will pay on a pass-through basis all reasonable costs incurred by CFVHS associated with the Executive Staffing, including reasonable salary and benefit costs and ordinary business expenses. HHS also will reimburse CFVHS for all relocation expenses, severance expenses and interim living expenses for such Executive Staffing, if any. HHS shall not reimburse Executive Sta:ffmg for their daily travel to HHS. HHS shall not reimburse any travel expenses of any other CFVHS employees except as approved in writing in advance, limited to reasonable travel expenses for (i) travel to HHS and (ii) all CFVHS employees (including Executive Staffing) for other travel and expenses on behalf ofHHS. 2. Management Services Fee: HHS will pay CFVHS a Management Services Fee for all other Management Services provided hereunder as follows: 20502.229-843114 v1 a. Base Management Fee During the first two years of the Initial Term, HHS will pay CFVHS a Base Management Fee equal to Three Hundred Thousand Dollars ($300,000) per year in exchange for the Management Services. For each subsequent year of the Term, the Base Management Fee shall be increased annually by three percent (3%); provided however, the Parties shall renegotiate the Management Fee in advance of the third year of the Term to insure that such rate is consistent with then current market rates .. b. Incentive Management Fee 1. In addition to the Base Management Fee, CFVHS shall be eligible for an additional Incentive Management Fee, which shall be equal to the Base Management Fee multiplied by the Performance Metric percentage set forth below. ii. For any fiscal year (including the firSt year of the Initial Term) following a year in which HHS experienced an operating loss in the prior fiscal year (as determined by HHS's outside auditors), the Performance Metric percentage shall be equal to: Incentive Performance Incentive PercentJ!ge Operating loss equal to or greater than prior FY 0% Operating loss reduced by 33% or less 33% Operating loss reduced by more than 33% up to 66% 66% Operating loss reduced by more than 66% 100% Exhibit A-26 111714 HC BOC Page 122 m. For any fiscal year following a year in which HHS experienced an operating profit in the prior fiscal year (as determined by HHS's outside auditors), the Performance Metric percentage shall be equal to: Incentive Performance Incentive Percentage Gross margin less than 0% 0% Gross margin 0 to 1% 25% Gross margin 1 to 2 % 50% Gross margin 2 to 3% 75% Gross margin over 3% 100% 3. Additional Services Fee: Unless expressly set forth in writing herein or pursuant to a separate written agreement between the Parties, all other Additional Services shall be provided to HHS by CFVHS at actual cost plus 10%. Any such Additional Services not subject to a separate written agreement shall be agreed to in advance by the Chair of the Board of Directors ofHHS. 4. Waiver of Fees: Notwithstanding the above provisions, in conjunction with the rights granted to CFVHS under Section 4.c. of this Agreement and solely if the Parties enter into the Definitive Agreements and effectuate the Transactions contemplated in Section 4.c. hereof, the Parties have agreed that no Management Services Fees will be due and owing for the period from the Effective Date until the earlier of (a) two (2) years from the Effective Date or (b) the Closing Date of the Transactions (each as defined in Section 4.c.). 5. Payment Terms: All amounts due and owing under this Exhibit C shall be payable on or before the fifteenth (15th) day of each month for service provided in the immediately preceding month; provided however, that: 20502.229-843114 v1 a. CFVHS will permit HHS to defer payment of the Management Services Fees for the first two (2) years of the Initial Term in anticipation that such Fees may be waived as set forth above in Paragraph 4 of this Exhibit C. b. If the Closing Date does not occur within two (2) year of the Effective Date, HHS shall immediately make payment for the first two (2) years' Management Services Fees and Executive Sta:ffmg Fees and shall begin paying such fees going forward as set forth above; provided however, CFVHS may elect to permit HHS to defer payment of the same for a longer period in its discretion. The failure to timely collect such fees shall not be deemed a waiver of the right to payment hereunder. c. The Executive Staffing Fees shall not be deferred or waived and shall be due and owing as set forth above. d. If this Agreement expires or is terminated for any reason other than as a result of the closing of the Transactions contemplated under the Definitive Agreements, then to the extent CFVHS has permitted HHS to defer any Fees under this Paragraph or otherwise all such unpaid fees for all periods shall be due and owing immediately upon such expiration Exhibit A-27 111714 HC BOC Page 123 or tennination. 20502.229-843114 v1 Exhibit A-28 111714 HC BOC Page 124 20502.229-843114 v1 ExhibitD AMENDED AND RESTATED ARTICLES & BYLAWS [see attached} D-1 Exhibit A-29 111714 HC BOC Page 125 ARTICLES OF AMENDMEI\"T OF THE AMENDED AND RESTATED ARTICLES OF INCORPORATION OF ____ --------~'!:!'HEAI~THSYSTEM:~C. ________ _ The undersigned nonprofit corporation organized pursuant to Chapter 55A of the General Statutes of North Carolina hereby submits these· Articles of Amendment of Hamett Health System, Inc. a North Carolina non-profit corporation ("Corporation"), pursuant to Section 55A-10-01 of the North Carolina General Statutes for the purpose of amending its Articles of Incorporation: 1. The name of the corporation is Harnett Health System, Inc. 2. Article 7 of the Articles of Incorporation is hereby deleted in its entirety and amended to read as follows: "7. The number, manner, election or appointment and qualification and the term of Trustees shall be as set forth in the Bylaws and as set forth herein below: The Board of Trustees ("Board") shall have thirteen (13) members, with seven (7) members being-appointed (the "Appointed Members") by the Harnett County Board of Commissioners (the "County") from nominees submitted by the Board. The Appointed Members shall include one (1) person from each of the five (5) County Commissioner Districts, and the remaining two (2) Appointed Members shall be residents of the Harnett County. The County may reject any or all of the nominees that are submitted by the Board and require the Board to submit additional nominees. Five (5) members of the Board (the "Elected Members") shall be elected by the Board. One {1) Trustee (the "CFVHS Appointed Trustees") shall be appointed by the Cumberland County Hospital System, Inc. dba Cape Fear Valley Health System Board of Directors (the "CFVHS Board"). The CFVHS Appointed Trustee shall serve three (3) year terms. The first CFVHS Appointed Trustee to be appointed shall fill the seat previously held by an Elected Member and the initial term of such CFVHS Appointed Trustee shall be the duration of the remaining term of that Elected Trustee replaced by the CFVHS Appointed Trustee. Notwithstanding any other provision set forth herein, no amendment to these Articles may be made that amends the Board structure in any way that removes CFVHS's right to appoint a Trustee to the Board or otherwise dilutes CFVHS's governance rights under this Section 7 without the prior written consent of CFVHS. Board members shall be appointed for three (3) year terms, with the terms of the initial Board members to be staggered." 3. The Amendment set forth in these Articles of Amendment was adopted on October ___y 2014, by a unanimous vote of the Board of Trustees and approval of the members was not required because the Corporation has no voting members. 4. These Articles will become effective upon filing. 20502.229-843114 v1 Exhibit A-30 111714 HC BOC Page 126 This the_ day of _____ ~ 2014. HARNETT HEALTHSYSTEM;tNC. By: ~» {) ~~J-k.t Name: Ronald W. Maddox Title: Chairman of the Board of Trustee-s 20502.229-843114 v1 Exhibit A-3 1 111714 HC BOC Page 127 HARNETT HEALTH SYSTEM, INC. 800 Tilghman Drive Dnnn, North Carolina 28334 THIRD AMENDED AND RESTATED BYLAWS Approved: Amended: Amended: Amended: Approved: Approved: Revised: Amended: Amended: Amended: Amended: Amended: Amended: Amended and Restated: Amended and Restated: Amended and Restated: 20502.229-843114 v1 February, 1983 February, 1984 February 1986 May, 1988 Jlille, 1988 "--._ July, 1991 September, 1991 February, 1995 January, 1998 September, 2000 August 25, 2003 November 24, 2003 November 27, 2006 May5,2011 AprillO, 2012 October~ 2014 Exhibit A-32 111714 HC BOC Page 128 HARNETT HEALTH SYSTEM, INC. 800 Tilghman Drive Dunn, North Carolina TIITRD AMENDED AND RESTATED BYLAWS PREAMBLE Harnett Health System, Inc. (the "Corporation") is a North Carolina nonprofit corporation organized and existing under the North Carolina Nonprofit Corporation Act. The Corporation operates Betsy Johnson Regional Hospital, a community hospital located in Durm, Harnett County, North Carolina (the "Hospital") and may, in the future, operate new hospitals including one in Lillington, North Carolina (the "New Hospital"). The Corporation's primary purpose is to provide comprehensive, quality patient care, to facilitate the educational process in medicine and allied health, and to provide equitable health care services to the total community served. The Corporation is governed by a Board of Trustees. 20502.229-843114 v1 Exhibit A-33 111714 HC BOC Page 129 DEFINITIONS The following words and terms shall have the following meanings, unless some other rneaning is plainly intended or unless otherwise required by the context: L ADOPTION DATE means May 5, 2011, the date the first Amended and Restated Bylaws were approved and became effective. 2. A11ENDED AND RESTATED ADOPTION DATE means October_, 2014, the date the Third Amended and Restated Bylaws were approved and became effective. 3. BOARD OF TRUSTEES or BOARD means the governing body of Harnett Health · System, Inc. 4. CFVHS means Cumberland County Hospital System, Inc. d/b/a Cape Fear Valley Health System. 5. CORPORATION means Harnett Health System, Inc. 6. EXECUTIVE COMMITTEE means the Executive Committee ofthe Board of Trustees. 7. EX OFFICIO means service as a member of a committee or board by virtue of an office or position held and, unless otherwise expressly provided, means with voting rights. 8. HOSPITAL means Betsy Johnson Regional Hospital. 9. MEDICAL REVIEW COMMITTEE means a committee created by the Medical Staff, by the Board, or a committee operating under the Hospital's Performance Improvement Plan, that is formed for the purpose of evaluating the quality, cost of, or necessity for hospitalization or health care, including Medical Staff credentialing. 10. MEDICAL STAFF means the formal organization of all licensed physicians and dentists who are privileged to admit or attend patients in the Hospital. 11. NEW HOSPITAL means a new hospital to be developed in Lillington, North Carolina and operated by the Corporation. 12. PRESIDENT means the President and CEO of the Corporation. 13. TRUSTEE or TRUSTEES means one or more members of the Board of Trustees. 20502.229-843114 v1 Exhibit A-34 111714 HC BOC Page 130 ARTICLE I. BOARD OF TRUSTEES 1.1 POWERS AND RESPONSIDlLITIES The corporate powers of the Corporation are vested in and are exercised by or under the authority of the Board of Trustees, and the business and affairs of the Corporation are managed under the direction of the Board ofTrustees. 1.2 GENERAL PROVISIONS REGARDING THE BOARD OF TRUSTEES. 1.2-1 Number and Qualifications. The Board of Trustees consists of thirteen (13) Trustees, each of whom must be at least twenty-one (21) years of age. The Trustees are selected for membership based on (i) their willingness to accept responsibility for governing the Corporation, (ii) their availability to participate actively in Board activities, (iii) their experience in nonprofit organizations and community activities, and (iv) whether their respective areas of interest, experience and knowledge meet the needs of the Board. Members of the Medical Staff are eligible to serve as Trustees. It is the intention of the Corporation that the Board membership should include at least one physician who is a member of the Medical Staff. The President of the Corporation and the Chief of the Medical Staff shall serve as advisors to the_ Board, but sh?linot have the right to vote .on matters presented :to the Board. 1.2-2 Appointed Trustees; Elected Trustees; Term; Term Limits. The thirteen (13) members of the Board of Trustees shall include seven (7) Harnett County Appointed Trustees (defmed below), five (5) Elected Trustees (defined below); and one (1) CFVHS Appointed Trustee. (a) Harnett County Appointed Trustees 20502.229-843114 v1 (1) Number; Residency Requirements. Seven (7) Trustees (the "Appointed Trustees") shall be appointed by the Board of Commissioners of Harnett County (the "County Board") from a list of nominees provided by the Board ofT rustees, as provided in this Section 1.2-2(a). The Appointed Trustees serving on the Board of Trustees shall at all times include (i) at least one (1) resident of each of the five (5) County Commissioner Districts of Harnett County and (ii) two (2) other persons who are residents of Harnett County. (2) List of Nominees; Appointment Process. At least ninety (90) days prior to the annual meeting of the Board of Trustees, the Board of Trustees shall submit to the County Bo.ard a list of nominees to fill seats of those Appointed Trustees whose terms will expire at such upcoming annual meeting ("Outgoing Appointed Trustees"). Such list of nominees will include individuals meeting the residency requirements set forth in Section 1.2-2(a) and the other eligibility requirements in Section 1.2-1. The County Board may reject some or all of the nominees Exhibit A-35 111714 HC BOC Page 131 submitted and require the Board of Trustees to submit additional nominees by providing written notice to the Board of Trustees within thirty (30) days of the County Board's receipt of the initial nominee list. The Board of Trustees shall submit additional nominees to the County Board within thirty (30) days from the date of the written notice from the County Board and the County Board shall respond to the Board of Trustees within thirty (30) days each time nominees are submitted and/or rejected. From the list of nominees, the County Board shall select Appointed Trustees to fill seats of the Outgoing Appointed Trustees. The County Board shall provide written notice of the selection of such Appointed Trustees to the Board of Trustees on or before the date of the annual meeting of the Board of Trustees. (3) Staggered Terms; First Slate After Adoption Date. The Appointed Trustees shall serve three (3) year terms, except as set forth in this Section 1.2- 2(a)(3). Among the first slate of Appointed Trustees after the Adoption Date (the "First Slate of Appointed Trustees"), three (3) such Appointed Trustees shall serve a three (3) year term, two (2) such Appointed Trustees shall serve a two (2) year term and two (2) such Appointed Trustees shall serve a one (1) year term. The Board of Trustees shall designate the classification and the respective terms of the First Slate of Appointed Trustees. (b) Elected Trustees (1) · Number. Five (5) Trustees (the "Elected Trustees") shall be elected by the Board of Trustees at the annual meeting except the First Slate of Elected Trustees shall be appointed pursuant to Section 1.2-2(d). (2) List of Nominees. Prior to the annual meeting of the Board of Trustees, the Executive Committee of the Board of Trustees shall submit to the Board of Trustees one or more nominees to fill seats of those Elected Trustees whose terms will expire at such upcoming annual meeting ("Outgoing Elected Trustees"). Such nominees must meet the eligibility requirements set forth in Section 1.2-1. From the list of nominees, the Board of Trustees shall elect Elected Trustees to fill seats of the Outgoing Elected Trustees. (3) Staggered Terms; First Slate After Adoption Date. The Elected Trustees shall serve three (3) year terms, except as set forth in this Section 1.2-2(b)(3). Among the first slate of Elected Trustees after the Adoption Date (the "First Slate of Elected Trustees"), two (2) such Elected Trustees shall serve a three (3) year term, two (2) such Elected Trustees shall serve a two (2) year term and two (2) such Elected Trustees shall serve a one ( 1) year term. The Board of Trustees shall designate the classification and the respective terms of the First Slate of Elected Trustees. (c) CFVHS Appointed Trustee. 20502.229-843114 v1 Exhibit A-36 111714 HC BOC Page 132 (1) Number. One (1) Trustee (the "CFVHS Appointed Trustees,) shall be appointed by the CFVHS Board of Directors (the "CFVHS Board"). (2) List of No:rillnees; Appointment Process. The CFVHS Board shall determine a no:rillnee to appoint to fill the seat of the CFVHS Appointed Trustee whose term will expire at the upco:rillng annual meeting ("Outgoing CFVHS Appointed Trustee"). The CFVHS Board shall provide written notice of the selection of such Appointed CFVHS Trustee to the Board of Trustees on or before the date of the annual meeting of the Board of Trustees. Such nominee will meet the eligibility requirements in Section 1.2-1. (3) Terms. The CFVHS Appointed Trustee shall serve three (3) year terms. The first CFVHS Appointed Trustee to be appointed following the Amended and Restated Adoption Date shall fill the seat previously held by an Elected Trustee and the initial term of such CFVHS Appointed Trustee shall be the duration of the remaining term of that Elected Trustee replaced by the CFVHS Appointed Trustee. (4) Amendments. Notwithstanding any other provision set forth herein, no amendment to these Bylaws may be made that amends the Board structure in any way that removes CFVHS's right to appoint a Trustee to the Board or otherwise dilutes CFVHS's governance rights under this section 2(c) without the prior written consent of CFVHS. (5) Ter:rillnation of Management Services Agreement Upon the termination ofthe Management Services Agreement dated November 3, 2014 by and between the Corporation and CFVHS ("Management Agreement"), as amended from time to time, then the CFVHS Appointed Trustee shall resign effective the date of ter:rillnation of the Management Agreement and the CFVHS Appointed Trustee Board seat shall revert to and become the sixth (6th) Elected Trustee, subject to the provisions related to Elected Trustees pursuant to Section 1.2-2(b). (d) Initial Board of Trustees. Notwithstanding the fore going provisions of Section 1.2-2, the County Board shall appoint the First Slate of Appointed ·Trustees and the First Slate of Elected Trustees (the ''Initial Board of Trustees"). The County Board shall provide written notice of the selection of the Initial Board of Trustees to the Board of Trustees serving immediately prior to the Adoption Date. Any vacancies arising in the Initial Board of Trustees prior to the Adoption Date shall be filled pursuant to Section 1.2-4 hereinbelow. (e) Term Limits. No Trustee shall serve more than two (2) consecutive three (3) year terms; provided, however, that (i) a Trustee appointed to fill an unexpired term shall serve the balance of the unexpired term and shall, at the conclusion of the unexpired term, be eligible to serve two (2) consecutive three (3) year terms and (ii) a Trustee serving as part of the Initial Board of Trustees with a designated term of less than three (3) years shall, at the conclusion of such term, be eligible to serve two (2) consecutive three (3) year terms. Provided, however, all outgoing 20502.229-843114 v1 Exhibit A-3 7 111714 HC BOC Page 133 Trustees shall continue to serve until such time as their replacement has been appointed or elected, as the case may be. Notwithstanding the foregoing sentence, a Trustee who is ineligible for reappointment to the Board because he or she has served two (2) consecutive three (3) year terms shall be eli@ble for appointment to the Board upon the expiration of a period of not less than one (1) year after the end of his or her last term on the Board. Service by a Trustee as a member of the Board of Trustees prior to the Adoption Date shall not be considered in the determination of the term limit for service on the Board of Trustees after the Adoption Date. Excepting Trustees who have been appointed to fill a vacancy at a date other than the date of the annual meeting of the Board of Trustees, all Trustees' terms begin on the date ofthe annual meeting of the Board ofT rustees of the year of appointment and end on the date of the annual meeting of the Board of Trustees of the year of termination. Notwithstanding the foregoing, those Trustees appointed to the Initial Board of Trustees shall commence their service effective as of the Adoption Date but for purposes of determining the expiration of their respective terms, their terms shall be deemed to have begun on the date of the first annual meeting of the Board of Trustees following the Adoption Date. 1.2-3 Resignation and Removal. A member of the Board of Trustees may resign at any time by giving written notice of such resignation to the Chair of the Board of Trustees, Any Board member may be removed by a two-thirds (2/3) majority vote of the remaining Trustees then in office at a regular meeting or at a meeting called for that purpose. 1.2-4 Vacancies. All vacancies in the Board of Trustees, caused by whatever reason, shall be filled in the same manner as herein provided for nomination and appointment of Trustees. Provided, however, .any vacancy in the initial Board of Trustees shall be filled by nomination and election by the Board of Trustees. 1.2-5 Annual Evaluation of Board of Trustees. The Board of Trustees shall annually evaluate its own accomplishments and performance in relation to its vision, mission, and goals. 1.2-6 Continuing Education. Each Trustee is required to obtain, during each calendar year, continuing education related to governance matters by attending meetings and seminars approved by the Chair of the Board. The nature and extent of such continuing education shall be determined from time to time by the Board of Trustees. 1.2-7 Confidentiality. 20502.229-843114 v1 Exhibit A-38 111714 HC BOC Page 134 Every member of the Board of Trustees and every member of any Board committee has a duty to maintain the security and confidentiality of Board actions as well as all other information regarding the Corporation's activities until they are disclosed to the public by the Board, by the Corporation or are otherwise in the public domain. The Board shall adopt a policy providing for the security and confidentiality of Board and Corporation information. 1.3 MEETINGS OF THE BOARD OF TRUSTEES 1.3-1 Location ofMeetings. All meetings of the Board of Trustees shall be held at the offices of the Corporation unless reasonable notice of a change in location is given to the Board members and otherwise is given in accordance with the applicable law. 1.3-2 Annual Meeting. The annual meeting of the Board of Trustees shall be held in April of each year. 1.3-3 Regular Meetings. Regular meetings of the Board of Trustees shall be held not less than six ( 6) times each calendar year. A schedule of regular meetings shall be adopted annually by the Board on or-before the date ofthe first meeting each year. Notice of each regular meeting shall be given at least nine (9) days in adv.ance of the date of the meeting, delivered personally or by any usual means of communication, including, but not limited to, mail, telex, facsimile, telephone, electronic mail or other form of electronic cormnunication. The date of the regular meeting shall be the second Tuesday of each month, at a time determined from time to time by the Board of Trustees. 1.3-4 Special Meetings. Special meetings of the Board of Trustees may be called by the Chair or, in the absence or inability to act of the Chair, by the Vice Chair of the Board of Trustees. Notice of such special meetings shall be given at least five (5) days prior to the date of such special meetings, delivered in any format as provided in Section 1.3-3 above. 1.3-5 Quorum. A majority of the Trustees in office immediately before a meeting begins shall constitute a quorum for the transaction of business at any regular or special meeting. If a quorum is not present a~ any meeting, those present shall adjourn the meeting until such date and hour as a quorum may be present 1.3-6 Manner of Acting. (a) Except as otherwise provided in this paragraph, the act of a majority of the Trustees at a meeting at which a quorum is present shall be the act of the Board of 20502.229-843114 v1 Exhibit A-3 9 111714 HC BOC Page 135 Trustees, unless a greater number is required by law, the Articles of Incorporation, as amended, or a Bylaw adopted by the Board of Trustees_ (b) A Trustee who is present at a meeting of the Board of Trustees at which action on any corporate matter is taken shall be presumed to have assented to the actiori taken unless his contrary vote is recorded or his dissent is otherwise entered in the minutes of the meeting or unless he shall file his written dissent to such action with the person acting as the secretary of the meeting before the adjournment thereof or shall forward such dissent by registered mail to the Secretary of the Corporation immediately after the adjournment of the meeting. Such right of dissent shall not apply to a Trustee who voted in favor of such action. A Trustee may abstain from voting only on a matter with respect to which the Trustee has a conflict of interest. 1.3-7 Attendance at Meetings. Any member absent for three (3) consecutive Board meetings without good cause shall be considered to have resigned. Good cause shall be any reason for which absence is excused by the Chair of the Board. A Trustee or a committee member may participate in a meeting of the Board or a committee of the Board by means of a conference telephone or similar communications device which allows all persons participating in the meeting to hear each other simultaneously, and such participaJ:ion in the meeting shall be deemed presence in person at such meeting. 1.3-8 Action Without Meeting. Action required or permitted to be taken at a meeting of the Board of Trustees may be taken without a meeting if all members of the Board approve the action. The action must be evidenced by one or more written consents signed by each Trustee before or after such action, describing the action taken, and included in the minutes or filed with the corporate records. The consent of any Trustee pursuant hereto may be in writing or in electronic form and may be delivered to the corporation by hand, certified or registered mail, return receipt requested, regular mail, nationally recognized courier or delivery service or, if in electronic form, by electronic mail or other electronic means. Such action will become effective when the last director signs the consent, unless the consent specifies a different date. 1.4 COMPENSATION Trustees shall serve without compensation, provided that Trustees may be reimbursed for expenses incurred on behalf of the Corporation. ARTICLE IT. OFF1CERS OF THE CORPORATION 2.1 NUMBER AND APPOINTMENT 20502.229-843114 v1 Exhibit A-40 111714 HC BOC Page 136 The officers of the Corporation shall consist of a Chair, a Vice Chair, a President, a Secretary, a Treasurer and such Vice Presidents, Assistant Secretaries, Assistant Treasurers and other officers as the Board of Trustees may authorize. All officers shall be elected by the Board of Trustees. 2.2 TERMS OF OFFICE The Chair, the Vice Chair, the Secretary and the Treasurer shall hold office for a period of one (1) year and until their successors have been duly elected and qualified. Notwithstanding the foregoing, the officers elected as of the date of the Adoption Date shall serve for the period beginning on the Adoption Date and their one (1) year term shall be deemed to have commenced on the date of the first annual meeting of the Board of Trustees and shall expire on the following annual meeting of the Board of Trustees. The President and each Vice President, Assistant Secretary and Assistant Treasurer shall be an employee of the Corporation or of CFVHS, and shall hold office until his or her death, resignation, removal or the termination of his or her employment. 2.3 RESIGNATION AND REMOVAL Any officer may resign at any time by giving written notice to the Chair or to the Secretary. Such resignation shall take effect on the date of receipt or at any later time specified in said notice. Any elected or appointed officer may be removed at any time by the Board of Trustees, with or without cause, by a majority vote of the Trustees then in office; provided, however, that such removal shall be without prejudice to the contract rights, if any of the person so removed. 2.4 CHAJR The Chair shall preside at all meetings of the Board and of the Executive Committee. Unless otherwise specified, the Chair shall be an ex officio member, with full voting rights, of all Board committees. The Chair shall perform all duties incident to the office of Chair and such other duties as may be prescribed by the Board from time to time. 2.5 VICE CHAIR The Vice Chair shall perform such duties as may be assigned to him by the Board of Trustees or the Chair. In the absence of the Chair or in the event of his disability, inability, or refusal to act, the Vice Chair shall perform the Duties of the Chair with the full powers of, and subject to the restrictions of the office of Chair. 2.6 PRESIDENT The President is the chief executive officer of the Corporation and, subject to the control of the Board, shall supervise and control the business and affairs of the Corporation. The President shall perform all duties incident to the office of President and such other duties as may be prescribed by the Board from time to time. The President shall be an ex officio, non-voting member of all committees created by or pursuant to these Bylaws, except as may otherwise be determined by the Board. The President may from time to 20502.229-843114 v1 Exhibit A-41 111714 HC BOC Page 137 time designate in writing other officers of the Corporation to attend meetings of committees of the Corporation Board. 2. 7 VICE PRESIDENTS In the absence of the President or in the event of the death, or inability to act, of the President, the Vice Presidents, in the order designated by the President, shall perform the duties of the President, and shall perform such other duties as from time to time may be assigned to such Vice-President by the President or by the Board. 2.8 SECRETARY The Secretary shall provide for the keeping of minutes of all meetings of the Board and Board Committees and shall assure that such minutes are filed with the records of the Corporation. He shall give or cause to be given appropriate notices in accordance with these Bylaws or as required by law, and shall act as custodian of all corporate records and reports and of the corporate seal, assuring that it is affixed, when required by law, to documents executed on behalf of the Corporation. The Secretary shall also keep or cause to be kept a roster showing the names of the current members of the Board of Trustees and their addresses, and their attendance at special, regular or annual meetings of the Board of Trustees. He shall perform all duties incident to the office and such other duties as may be assigned, from time to time, by the President or by the Board. 2.9 ASSISTANT SECRETARIES The Assistant Secretaries shall, in the absence or disability of the Secretary and in the order designated by the President, have the duties and powers of the Secretary and shall have such other duties as from time to time may be assigned to them by the President or by the Board. 2.10 TREASURER The Treasurer shall keep or cause to be kept correct and accurate accounts of the properties and fmancial transactions of the Corporation and in general perform all duties incident to the office and such other duties as may be assigned, from time to time, by the President or the Board. The Treasurer shall keep or cause to be kept a record of all financial transactions of the Corporation, which shall always be open to inspection by the Board, and shall provide periodic reports to the Board on the financial condition of the Corporation. The Treasurer shall serve as the Chair of the Finance Committee of the Board. 2.11 ASSIST ANT TREASURERS The Assistant Treasurers shall, in the absence or disability of the Treasurer and in the order designated by the President, have the duties and powers of the Treasurer and shall have such other duties as from time to time may be assigned to each of them by the President or by the Board. 20502.229-843114 v1 Exhibit A-42 111714 HC BOC Page 138 ARTICLEITI. COMMITTEES 3.1 GENERAL PROVISIONS 3.1-1 Creation and Abolishment. Committees of the Board may be created pursuant to these Bylaws and may be abolished by amendment to these Bylaws. Committees may also be created and abolished by resolution adopted by a majority of the Trustees; provided that committees created pursuant to these Bylaws, or by amendment hereto, may not be abolished by Board resolution. Special and Ad Hoc Committees may be created and abolished by the Chair. The Chair shall promptly inform the Board of any Special or Ad Hoc Committee created or abolished by the Chair. The provisions in these Bylaws that govern meetings, action without meetings, notice and quonun and voting requirements of the Board of Trustees apply to committees established by the Board. 3.1-2 Functions. Committees shall have and perform the functions set forth in these Bylaws or in any resolution of the Board. Committees created by the Chair shall have and perform the functions specified by the Chair. 3.1-3 Appointments. Except as otherwise provided in these Bylaws or by Board resolution, committee members shall be appointed by the Chair. Non-Board members are eligible to serve as full voting members of Board committees, except the Executive Committee. Unless otherwise provided, the Chair shall designate the chair and vice-chair of each committee, who shall each be a Trustee. Except as set forth in Section 3.1-4, each committee member shall hold office for a period of one year and until a successor is appointed or elected and qualified. 3.1-4 Resignation and Removal; Vacancies. A committee member may resign at any time by giving written notice to the Chair or to the chair of the committee. Such resignation shall be effective on the date specified in the resignation or upon receipt, if no date is specified. The Chair, subject to the approval of the Board, may remove any member of a committee for any reason. A vacancy shall be filled for the unexpired portion of the term in the same manner as the original appointment or election. 3.1-5 Meetings. Meetings of a committee may be called by the Chair, the chair of the committee or a majority of the Trustee members of the committee, pursuant to notice delivered personally or by any usual means of communication, including, but not limited to, mail, telex, facsimile, telephone, electronic mail or other form of electronic communication 20502.229-843114 v1 Exhibit A-43 111714 HC BOC Page 139 reasonably designed to inform the members of the time and place of the meeting_ The attendance by a committee member at a meeting shall constitute a waiver of notice, unless the member attends for the express purpose of objecting to the meeting_ A majority of the members of a committee, not counting the Chair, shall constitute a quorum for the transaction of business_ The decision of a majority of the committee members at a meeting at which a quorum is present shall be the decision of the committee_ Committees shall keep minutes and shall make recommendations and reports to the Board_ 3-1-6 Meetin~ Attendance_ Each committee member is expected to attend all meetings of all committees of which he or she is a voting member_ The Board may remove from a committee any committee member who fails to attend two consecutive regular committee meetings per year and fails to show good cause when requested by the Chair_ A committee member may participate in a meeting by or through the use of any means of communication by which all committee members participating in the meeting may simultaneously hear each other during the meeting_ A committee member participating in a meeting by any such means of communication is deemed to be present in person at the meeting_ 32 STANDING COMMITTEES _ 32-1 .. Designation of Standing Committees_ The Standing Committees of the Board are: (1) Executive Committee (2) Finance Committee (3) Medical Care Review Committee (4) Human Resources Committee 32-2 Executive Committee_ The Executive Committee shall consist of the Chair, the Vice Chair, the Secretary and the Treasurer_ The Executive Committee shall meet not less often than six ( 6) times each calendar year_ The Executive Committee shall have power to transact all regular business of the Hospital and, if applicable, the New Hospital, during the period between meetings of the Board of Trustees, subject to any prior limitation imposed by the Board of Trustees, and with the understanding that all matters of major importance will be reported to the Board of Trustees_ The Executive Committee shall perform such other functions as are from time-to-time assigned by the Board_ In addition to the foregoing functions, the Executive Committee shall have the following functions: (1) The Executive Committee shall function as the Audit Committee and shall recommend to the Board the engagement of independent accountants to perform an annual audit of the books and records of the Corporation and to prepare annual financial statements. The Executive Committee, as the Audit Committee, shall have the responsibility of reviewing the audited financial statements with the 20502.229-843114 v1 Exhibit A-44 111714 HC BOC Page 140 independent accountants prior to recommending final approval to the Board of Trustees. The purpose of such a review is to determine that the independent accountants are satisfied with the disclosure and content of the audited financial statements and to obtain sufficient information from the independent accountants to facilitate analysis of the audited financial statements submitted to the entire Board of Trustees. The Executive Committee shall also appraise the effectiveness of the audit effort and focus on those areas where either the Committee or the independent accountant believes special emphasis is desirable. The Committee shall determine through discussions with the independent accountants that no restrictions were placed by management on the scope of the examination or its implementation. The Committee shall inquire into the effectiveness of the Corporation's management of financial and accounting functions, through discussions with the independent accountants and appropriate officers of the Corporation. The Committee shall review reports prepared by the independent accountants discussing weaknesses in internal control, organizational structure and operating and containing recommendations to improve such weaknesses; and (2) The Executive Committee shall function as the Nomination and Governance Committee. The functions of the Nominating and Governance Committee are to (i) identify and recommend to the Board individuals qualified to become Trustees; (ii) assist the Board in conducting periodic evaluations ofthe performance of the Board of Trustees and Board committees; (iii) conduct periodic reviews of the Articles of Incorporation and Bylaws of the Corporation and make recommendations to the Board regarding any changes identified as a result of such reviews; and (iv) perform such other functions as are from time-to-time assigned by the Board. 3.2-3 Finance Committee. The Finance Committee shall consist of the Chair, three other members of the Board of Trustees and such others as are appointed by the Chair. The Finance Committee shall meet not less often than six (6) times each calendar year. At least one member of the Finance Committee shall be a person recognized as an expert in financial matters. The Vice President of Finance shall be an ex officio, non-voting member of the Finance Committee. The Finance Committee shall be responsible for supervising the management of all funds of the Hospital and, if applicable, the New Hospital. It shall arrange for all funds to be properly deposited and invested. The Finance Committee shall cause to be prepared, and shall submit to the Board of Trustees for approval, an annual operating budget and capital budgets showing expected receipts, income and expenses for the ensuing fiscal year. The Finance Committee shall also examine periodic financial reports, including audited and unaudited financial statements, and shall perform such other functions as are from time-to-time assigned by the Board. 3.2-4 Medical Care Review Committee. The membership of the Medical Care Review Committee shall be established pursuant to the provisions of the Hospital's Performance Improvement Plan, and any amendments 20502.229-843114 v1 Exhibit A-45 111714 HC BOC Page 141 thereto, as shall be, from time-to-time, approved by the Board. The Medical Care Review Committee is a Medical Review Committee, as defined by North Carolina Law and by these Bylaws. The Medical Care Review Committee shall meet not less often than six (6) tinies each calendar year. The functions of the Medical Care Review Committee are (i) to review Hospital safety, quality improvement, risk management activities and Medical Staff performance improvement activities and to make reports and recommendations to the Board regarding such activities, (ii) to receive and consider reports and recommendations from the Medical Staff, (iii) to make recommendations to the Board concerning Medical Staff membership, credentialing, privilege delineation and corrective action matters, and to perform such other functions as are from time-to-time assigned by the Board. 3.2-5 Human Resources Committee. The Human Resources Committee shall consist of the Chair, two other members of the Board of Trustees and such others as are appointed by the Chair. The Human Resources Committee shall meet at least quarterly. The functions of the Human Resources Committee are to develop and establish board compensation philosophies for management and staff, provide oversight to executive compensation and bonuses, review and monitor employee satisfaction programs and outcomes, become educated about trends in board oversight for Human Resources, and establish and recommend to the board strategic human resources initiatives. Annually, the Human Resom:ce Committee shall make recommendations to the board pertaining to methodologies assuring safety, adequacy and competency of staffing. ARTICLE IV. MEDICAL STAFF 4.1 ORGANIZATION . The Board of Trustees, recognizing its responsibilities with respect to the competency of professionals practicing within the Hospital, has caused the physicians and dentists granted privileges to practice in the Hospital to organize their activities into a Medical Staff in conformity with Medical Staff Bylaws approved by the Board of Trustees. 4.2 BYLAWS, RULES AND REGULATIONS OF THE MEDICAL STAFF (a) The Medical Staff has developed and submitted to the Board of Trustees for approval Bylaws, Rules and Regulations. These Bylaws, Rules and Regulations shall be reviewed and updated as necessary and all revisions shall be forwarded to the Board of Trustees for ultimate approval. The Medical Staff Bylaws, Rules and Regulations and any amendments thereto or revisions thereof shall be effective upon Board approval. (b) The purpose of the Medical Staff is to provide a structure within which the Medical Staff may account to the Board for the quality of all professional services rendered within the Hospital by individuals privileged to render such services. 20502.229-843114 v1 Exhibit A-46 111714 HC BOC Page 142 The Medical Staff Bylaws additionally provide a structure for comnmnication between the Medical Staff, Administration and the Board. (c) Each member of the Medical Staff shall have appropriate authority and responsibility for the care of his patients subject to limitations contained in these Bylaws and in the Medical Staff Bylaws, Ruies and Regulations as approved by the Board of Trustees. 4.3 MEDICAL STAFF MEMBERSHIP AND CLINICAL PRIVILEGES 4.3-1 Action by the Board. Final action on all matters relating to Medical Staff membership, credentialing, delineation of clinical privileges and corrective action shall be taken by the Board. The Board has delegated to the Medical Staff the responsibility and authority to investigate and evaluate all matters relating to Medical Staff membership, credentialing, delineation of clinical privileges, peer review and corrective action, and the Medical Staff makes recommendations thereon to the Board, through the Medical Care Review Committee. In taking final action, the Board shall consider Medical Staff recommendations submitted pursuant to Section 4.3.2; provided, that the Board shall act in any event if the Medical Staff fails to adopt and submit any such recommendation within the time period required by the Medical Staff Bylaws. Such Board action without a Medical Staff recommendation shall. be based on .the same kind. of documented investigation -and evaluation of current ability, judgment and character as is required for Medical Staff membership, credentialing, privileging, peer reVIew and corrective action recommendations. 4.3-2 Medical StaffRecommendations. The Medical Staff adopts and submits to the Board, through the Medical Care Review Committee, specific written recommendations on all matters relating to Medical Staff membership, credentialing, delineation of clinical privileges, peer review and corrective action. The Medical Staff supports and documents its recommendations in a manner that will allow the Medical Care Review Committee and the Board to take informed action. 4.3-3 Criteria for Board Action. In acting on matters relating to Medical Staff membership, credentialing, delineation of clinical privileges, peer review and corrective action, the Medical Care Review Committee and the Board shall consider the Medical Staff recommendations and supporting information, the needs of the Hospital and the community, and the criteria set forth in the Medical Staff Bylaws. 4.3-4 Terms and Conditions of Membership and Clinical Privileges. The terms and conditions of Medical Staff membership and the exercise of clinical privileges are specified in the Medical Staff Bylaws. Medical staff membership and 20502.229-843114 v1 Exhibit A-47 111714 HC BOC Page 143 clinical privileges may not be limited or denied on the basis of sex, race, creed, color, religion or national origin. 4.3-5 Procedures. The procedures and mechanisms to be followed by the Medical Staff in acting on matters of Medical Staff membership, credentialing, clinical privileges, peer review and corrective action, are specified in the Medical Staff Bylaws. 4.4 HEARING PROCEDURE Any recommendation of the Medical Staff or action taken by the Board which is adverse to a Practitioner shall entitle the Practitioner to a hearing in accordance with the hearing procedure set forth in the Medical Staff Bylaws. (The term '.'adverse" shall have the meaning assigned to it in the Medical Staff Bylaws). ARTICLEV. QUALITY OF PATIENT CARE 5.1 BOARD RESPONSIBILITY The Board, after considering the recommendations of administration (including the nursing staff), the Medical Care Review Committee, the Medical Staff, and other professioriars providing. patient care services, has required administration and the MedicaC .. Staff to perform specific review and evaluation activities to measure, assess, and improve the overall quality and efficiency of clinical and patient care services. The Board, through the President, shall provide whatever administrative assistance is reasonably necessary to support and facilitate the efficient accomplishment of these review and evaluation activities. 5.2 ACCOUNTABILITY OF ADMINISTRATION, THE MEDICAL STAFF AND OTHER PROFESSIONALS The Board shall hold the Medical Staff accountable for the effective performance of the functions set forth in the Medical Staff Bylaws, including without limitation, the credentialing, performance improvement, peer review, utilization review and continuing medical education functions. The Board shall hold administration accountable for developing, implementing, carrying-out and monitoring a performance improvement plan. Administration shall develop, implement and monitor a system to periodically assess the ability of each clinical employee to meet the performance expectations of his or job. 5.3 DOCUMENTATION The Board shall require administration and the Medical Staff to document and report to the Board, through the Medical Care Review Committee, a summary of all findings and recommendations arising out of the activities described in Sections 5.1 and 5.2. All such findings and recommendations shall be in writing, signed by the persons responsible for 20502.229-843114 v1 Exhibit A-48 111714 HC BOC Page 144 conducting the activities, and supported and accompanied by reliable docUinentation. The Medical Care Review Committee and the Board shall receive, consider and act as each deems appropriate on such findings and recommendations. ARTICLE VI. GENERAL PROVISIONS 6.1 CONFLICTS OF INTEREST 6.1-1 Disclosure ofPotential Conflicts. Any Trustee, officer, employee, or member of a committee of the Board having a direct or indirect interest in, or having a close relative with a direct or indirect interest in, a contract, transaction or other matter presented to the Board or a committee of the Board for discussion, authorization, approval or ratification shall give prompt, full and frank disclosure of such interest to the Board or committee prior to consideration of such contract or transaction. (For the purposes of this Section 6.1-1, the term "close relative" means a person's spouse, child, sibling or parent.) 6.1-2 Determination if Conflict of Interest Exists. The body to which such disclosure is made shall thereupon determine, by majority vote, yvhether a conflict of interest. exists or can reasonably be found to exist. 6.1-3 Consideration of Alternatives. If a conflict of interest is determined to exist, the Board or the Committee shall attempt to identifY and pursue alternatives to the proposed contract or transaction, including the consideration of other contractors, which would not involve a conflict of interest Only if the Board or the Committee determines that it is unable to obtain a more advantageous alternative and that, despite the conflict of interest, the originally proposed contract or transaction is in the Corporation's best interest, may the originally proposed contract or transaction be approved by the Board or favorably recommended to the Board by the Committee. Notwithstanding the foregoing sentence, however, the Board may not approve, and the Corporation may not undertake, a transaction or contract which is in violation ofN.C.G.S. §SSA-8-31. 6.1-4 Person With Conflict on Interest Shall Not Participate. The person with the potential conflict of interest shall not be present during nor participate in the discussions or deliberations, nor vote on, or use personal influence with respect to, the determination of whether a conflict of interest exists or, if a conflict of interest is found to exist, with respect to the contract or transaction in question or any alternatives being considered. Such person also may not be counted in detennining the eXistence of a quorum at any meeting where the contract or transaction or alternatives are under discussion or being voted upon, and shall not be present, unless requested by the Chair or a majority of the Board, during any closed session discussions with respect to the contracts, transactions or alternatives under consideration. 20502.229-843114 v1 Exhibit A-49 111714 HC BOC Page 145 6.1-5 Minutes. The minutes of all meetings relating to the determination of a conflict of interest and the contract or transaction and alternatives under consideration shall reflect the disclosure made, the vote or votes thereon and, where applicable, any abstention from voting and participation, and whether a quorum was present. 6.1-6 Procedures for Identifying Conflicts of Interest. The Board shall adopt procedures for identifying actual, apparent and potential conflicts of interest Such procedures shall include a requirement for filing annual conflict of interest disclosure statements with the Secretary. 6.2 INDEMNIFICATION The Corporation shall have the power to indemnify any present or former Trustee, officer, employee or agent, or any Medical Staff member engaged in Corporation business through service on committees of the Corporation Board or committees of the Medical Staff, or otherwise, or any person who may have served at the request of the Corporation as a Trustee, director or officer of another corporation, partnership, joint venture, director or other enterprise (hereinafter, the "Official"), against liabilities and reasonable litigation expenses (including attorneys, fees) incurred by the Official in connection with any action, suit or proceeding in which the Official is made or threatened to be made a party by reason of being or having been an Official, except in relation to matters as to which the Official shall · be finally adjudged in such action, suit or proceeding to have acted in bad faith or to have been liable or guilty by reason of willful misconduct in the performance of the Official's duties. Such indemnification shall not be deemed exclusive of any other rights to which the Official may be entitled under the Resolution, these Bylaws or any agreement, vote of the Corporation Board or the Executive Committee, insurance purchased by the Corporation, North Carolina General Statutes or otherwise. 6.3 OTIIER ORGANIZATIONS The Board has authorized and approved the formation of the Betsy Johnson Regional Hospital Auxiliary and the Betsy Johnson Regional Hospital Foundation and may authorize the formation of other organizations to assist in the fulfillment of the purposes of the Corporation.. The Articles of Incorporation, if any, Bylaws, rules and regulations and amendments thereto of each such organization shall be subject to Board approval and shall not be inconsistent with these Bylaws or the standing rules of the Board. 6.4 CORPORATE SEAL The Corporation Board shall provide for a corporate seal in such form and with such inscription as it shall determine. 6.5 WAIVER OF NOTICE 20502.229-843114 v1 Exhibit A-50 111714 HC BOC Page 146 Whenever any notice is required to be given under the provisions of any applicable law, the Resolution or these Bylaws, a waiver thereof in writing signed by the person entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice where such waiver is permitted by law. All such waivers shall be filed with the corporate records, or be made a part of the minutes of the relevant meeting. 6.6 PROCEDURE The Board and Committees of the Board may adopt rules of procedure which shall not be inconsistent with these Bylaws. 6.7 FISCAL YEAR The fiscal year of the Corporation shall begin on October 1 of each year and end on September 30 of the following year. · 6.8 CONSTRUCTION OF TERMS AND HEADINGS Words used in these Bylaws shall be read as the singular or plural, as the context requires. The captions or headings in these Bylaws are for convenience only and are not intended to limit or define the scope or effect of any provision of these Bylaws. ARl'ICLE VII. AMENDMENT TO BYLAWS AND ARTICLES OF INCORPORATION Subject to such approval as may be required in the Articles of Incorporation or these Bylaws, as to either as amended, by any person or persons other than the Board of Trustees, and to the extent permitted by law, these Bylaws and the Articles of Incorporation may be amended or repealed and new Bylaws and amended Articles of Incorporation may be adopted by the affirmative vote of a majority of the Trustees at a meeting at which a quorum is present to consider such amendment, upon five (5) days' notice of the meeting, delivered personally or by any usual means of communication, including, but not limited to, mail, telex, facsimile, telephone, electronic mail or other form of electronic communication, which notice shall state that the purpose of the meeting is to consider a proposed amendment and which shall contain, attach a copy of, or state the nature of, the proposed amendment. 20502.229-843114 v1 Exhibit A-51 111714 HC BOC Page 147 CERTIFICATION The undersigned, being the Secretary of Harnett Health System, Inc. (the "Corporation"), hereby certifies that the foregoing document, consisting of twenty (20) pages, is a true, correct and complete copy of the Third Amended and Restated Bylaws of the Corporation, which were initially adopted by the Board of Trustees of the Corporation in February 1983, and were last amended and restated in their entirety by the Board of Trustees of the Corporation effective on October 3D, 2014. This the 3o th day of October 2014. (SEAL) _3~,'-'~·,-"-''-J'-t'.:.l.:-t\==e...'---<_,_. _L-_QQ.. _____ , Secretary 20502.229-843114 v1 Exhibit A-52 111714 HC BOC Page 148 ExhibitE HIP AA BUSINESS ASSOCIATE AGREEMENT D-2 20502.229-843114 v1 Exhibit A-53 111714 HC BOC Page 149 BUSINESS ASSOCIATE AGREEMENT This Business Associate Addendum (the "Addendum"), dated as of November 3, 2014, supplements and is made a part of the Agreement (as defmed below) by and between Harnett Health System, Inc. d!b/a Harnett Health System ("Covered Entity") and Cumberland County Hospital System, Inc. d/b/a Cape Fear Valley Health System ("Business Associate"). Individually Covered Entity and Business Associate may be referred to as a "Party" or collectively as the "Parties." WHEREAS, Sections 261 through 264 of the federal Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), Public Law 104-191, known as "the Administrative Simplification provisions," direct the Department of Health and Human Services to develop standards to protect the security, confidentiality and integrity of health infonnation;_and WHEREAS, pursuant to the Administrative Simplification provisions, the Secretary of Health and Human Services has issued regulations implementing the Administrative Simplification provisions at Subpart A of 45 CFR Part-160 and Subparts A and E of 45 CFR Part 164 (the "HIPAA Privacy Rule"); and WHEREAS, the Parties have entered into a Management Services Agreement (the "Agreemenf') whereby Covered Entity may share Protected Health Information with Business Associate in fu:r):herance of its responsibilities under the Agreement and Business Associate may be considered a "Business Associate" of Covered Entity as defined in the HlP AA Privacy Rule; and WHEREAS, the Parties wish to comply with the requirements of Subpart C of the Security Standards for the protection of electronic Protected Health _Information (''PHI") (the "HlP AA Security Rule") at 45 CFR Section 164.314 and Subpart A of 45 CFR Part 160 and Subpart D of 45 CFR Part 164 (the "~reach Notific~tion Rule," togetherwitlr the· HIPAA Privacy-Rule· and· the HlP~ S~curity Rule;_·: the "HIP AA Rules"); and · · WHEREAS, Business Associate will comply with the requirements of all applicable provisions of the Health Information Technology for Economic and Clinical Health Act, see 42 U.S.C. §§ 17921-54 (the · "HITECH Acf'), and all applicable regulations that are currently in effect or that may be implemented in the future; and TIIEREFORE, in consideration of the Parties' continuing obligations under the Agreement, compliance with HIP AA, the HITECH Act· and the HIP AA Rules, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to the provisions of this Addendum in order to address the requirements of the IllTECH Act and the HIP AA Rules and to protect the interests of the :Parties. L DEFINITIONS Except as otherwise defined herein, any and all terms used but not defined in this Addendum shall have _the defmitions set forth in the HIPAA Rules. In the event of an inconsistency between the provisions of the Addendum and mandatory provisions of the HIP AA Rules, as amended, the HIP AA Rules shall control. Where provisions of the Addendum are different than in the HIP AA Rules, but are nonetheless permitted by the HIP AA Rules, the provisions of this Addendum shall control. Business Associate aclmowledges and agrees that all Protected Health Information that is created, received, maintained or transmitted by Covered Entity and disclosed or made available in any form, n;.cluding paper record, oral communication, audio recording, and electronic display by Covered Entity or its operating units to Business Associate or is created, received, maintained or transmitted by Business Associate on Covered Entity's behalf shall be subject to this Addendum. 20502.229-843114 v1 Exhibit A-54 111714 HC BOC Page 150 II. CONFIDENTIALITY REQUIREMENTS (A) Business Associate acknowledges that it is directly subject to HIPAA, as amended by the HITECH Act, and the HIP AA Rules, including enforcement and penalty provisions, as they inay be amended from time to time. Business Associate agrees to abide by the applicable provisions of the HIP AA Rules and the HITECH Act when acting in its capacity as a Business Associate under this Addendum, including: (i) to use or disclose any Protected Health Information solely: (1) for meeting its obligations as set forth in the Agreement or any other agreements between the Parties evidencing their business relationship, and (2) as required by applicable law, rule or regulation or as otherwise permitted under this Addendum or the Agreement (if consistent with this Addendum and the HIP AA Rules); and (ii) at termination of this Addendum, the Agreement (or any similar documentation of the· business relationship of the Parties), or upon request of Covered Entity, whichever occurs first, if feasible, Business Associate will return or destroy all Protected Health 'Information created, received, maintained, or transmitted by Business Associate on behalf of Covered Entity, or any agents or subcontractors of Covered Entity, that Business Associate still maintains in any form and re~ no copies of such information, or if such return or destruction is not feasible, Business Associate will extend the protections of this Addendum to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information not feasible. The obligations of Business -~----· As~6ci~:.!J!iQ.er tliJ.s SectiofCsha!lsurvjv'e terilPitation _oTtli!'lXdUeJmiim; and --. ' (iii) to ensure that its agents or subcontractors that create, receive, maintain, or transmit Protected Health Information on behalf of Business Associate agree to the same restrictions and conditions that apply to Business Associate with respect to such information. Business Associate shall enter into written agreements with any subcontractors, and the terms of such agreements shall incorporate the applicable requirements of, and otherwise comply with, HIP AA, the fllTECH Act, the HIP AA Rules and this Addendum, including, without limitation, Section ill(B) below; and · (iv) to the extent Business Associate is to carry out any of Covered Entity's obligations under the HIP AA Privacy Rule, Business Associate shall comply with the requiremt:nts of the HIP AA Privacy Rule that apply to Covered Entity in the performance of such obligation; and (v) to make uses and disclosures and requests for Protected Health Information consistent with Covered Entity's minimum necessary polices and procedures; and (vi) to refrain from using or disclosing Protected Health Information in a manner that would violate the HIP AA Rules if done by Covered Entity; and (B) Notwithstanding the prohibitions set forth in this Addendum, Business Associate may use and disclose Protected Health Information as follows: (i) 20502.229-843114 v1 if necessary, for the proper management and administration of Business Associate or to carry out the legal responsibilities of Business Assoc:;iate, provided that as to any such disclosure, the following requirements are met: Exhibit A-55 111714 HC BOC Page 151 (a) the disclosure is required by law; or (b) Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached within fifteen (15) days; (ii) for data aggregation services, if to be provided by Business Associate for the health care operations of Covered Entity pursuant to any agreements between the Parties evidencing their business relationship. For purposes of this Addendum, data aggregation services means the combining of Protected Health Information by Business Associate with the protected health information received by Business Associate in its capacity as a business associate of other covered entities, to permit data analyses that relate to the health care operations of the respective covered entities. (C) Business Associate will implement appropriate safeguards, including without limitation compliance with.the HIPAA Security Rule with respect to electronic Protected Health Information, to prevent use or disclosure of Protected Health Information other than as permitted in the Addendum. The Secretary of Health and Human Services shall have the right to audit Business Associate's internal practices, books and records to ensure compliance with the terms of the HIP AA Privacy Rule. Business Associate shall report --------------to· Covered:Entity_·any-'Use :o'(disclosure-of Prote-¢tedHealtli Iri:fOfiD:ation Whlch-is-iiofiii---:-- ---~o~pliance with the terms of this Addendum of which it becomes aware within thirty (30) days. In addition, Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of Protected Health Information by Business Associate in violation of the requirements of this Addendum. (D) Business Associate agrees to notify Covered Entity of any Breach ofUnsecured Protected Health Information, as required by Section -I7932(b) of the HITECH Act and the Breach Notification Rule, within fifteen (15) days of the Business Associate's discovery of the Breach. The Breach shall be "discovered" when Business Associate knew or reasonably should have known the Breach occurred. Business Associate and Covered Entity acknowledge that it is the Covered Entity's responsibility to ensure that individuals affected by the Breach are notified in accordance with the requirements in the HITECH Act and the Breach Notification Rule. Business Associate shall identify each individual whose unsecured Protected Health Information has been, or is reasonably believed to have been, accessed, acquired or disclosed as a result of the Breach, and provide such information to Covered Entity as is necessary to meet the data breach notification requirements under the lllTECH Act and Breach Notification Rule within twenty (20) calendar days after the discovery of the Breach. · (E) Unless an exception applies, as set forth at 42 U.S.C. § 17935(d)(2), in no event may Business Associate directly or indirectly receive remuneration in exchange for any Protected Health Information of an Individual unless the Covered Entity obtains from the Individual a valid authorization that includes a specification of whether the Protected Health Information can be further exchanged for remuneration by the entity receiving Protected Health Information of that IndividuaL This prohibition does not apply to remuneration Business Associate receives from the Covered Entity for activities that the Business Associate undertakes on behalf of and at the specific request of the Covered Entity pursuant to this Addendum. _ 20502.229-843114 v1 Exhibit A-56 111714 HC BOC Page 152 (F) Covered Entity shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the HIP AA Privacy Rule if done by Covered Entity, except for any purposes of the Business Associate's use or disclosure of Protected Health Information for data aggregation, managern.ent and administration, and legal responsibilities of the Business Associate. (G) Covered Entity shall notifY Business Associate of any limitation(s) in the notice of privacy practices of Covered Entity under 45 CFR · 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of Protected Health Information. (H) Covered Entity shall notify Business Associate of any changes in, oc revocation of; the permission by an individual to use or disclose his or her Protected Health Infonnation, to the extent that such change~ may affect Business Associate's use or disclosure· of Protected Health Information. (I) Covered Entity shall notify Business Associate of any restriction on the use or disclosure of Protected Health Information that Covered Entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that sudrrestriction may affect Business Associate's use or disclosure ofProtected Health Information. ill. SECURITY REQUIREMENTS (A) Business Associate shall implement administrative, physical, and technical safeguards that re.~Q:Qably_l!!ld app_rqpti'!tt:I:Y pr.otec;;1.tb~ . .l<Qnfid_entiality, integrity,. and availabilit::Y-oL _ -any electronic Protected-Health· Information that it creates, receives, maintains, or transmits on behalf of Covered Entity in accordance with Section 17931 (a) of the IllTECH Act and the HIP AA Security Rule. (B) Business Associate shall ensure that any agent or subcontractor tO whom Business Associate provides Protected Health Information shall agree to implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic Protected Health Information that the agent or subcontractor creates, receives, maintains or .transmits on behalf of the Business Associate. (C) Business Associate s.hall report, and. shall ensure that its agents and subcontractors provided with Protected Health Information report, to Covered Entity any Security Incident, including any attempted or successful unauthorized access, use, disclosure, modification, or destruction of Protected Health Information or interference with systeu_; operations in the information system which is being used to create, receive, maintain or transmit Protected Health Information. • N. AVAILABILITY OF PHI To the extent applicable, Business Associate agrees to make available Protected Health . Information to the extent and in the manner required by Section 164.524 of the HIP AA Privacy Rule. To the .extent applicable, Business Associate agrees to make Protected Health Information available for amendment and incorporate any amendments to Protected Health Information in accordance with the requirements Section 164.526 of the HIPAA Privacy Rule. In addition, Business Associate agrees to make Protected Health Information available for purposes of accounting of disclosure, as required by Section 164.528 of the HIPAAPrivacy Rule and Section 17935(c) ofthe HITECHAct · 20502.229-843114 v1 Exhibit A-57 111714 HC BOC Page 153 V. TERM The Term of this Addendum shall be effective as of the effective date of the Agreement, and shall terminate when the Agreement terminf!.tes or as provided in Section VI of this Addendum, whichever is sooner. VI. TERMINATION Notwithstanding anything in this Addendum to the contrary, Covered Entity shall have the right to terminate this Addendum and· the Agreement immediately if Covered Entity determines that Business Associate has violated any material term of this Addendum and is unable to cure said violation within thirty (3 0) days of being notified of said violation by Covered Entity. · VII. INDEMNIFICATION Each Party shall indemnifY and hold the other harmless from and against all claims, liabilities, judgments, fmes, assessments, penalties, awards, or other expenses, of any kind or nature whatsoever, including, without limitations, attorneys' fees, expert witness fees; and costs of investigation, litigation or dispute resolution, relating to or arising out of any breach or alleged breach of this Addendum, or any Breach, by that Party or its subcontractors or agents. VIII. MISCELLANEOUS . The_Earties. to. this Addendum .do not intend _to_ create any rights_.in..any-third...parties. .-The ___ _ obligations· of Business Associate· under this Section shall survive the expiration, termination, or cancellation of this Addendum, the Agreement and/or the business relationship of the Parties, and shall continue to bind Business Associate, its agents, employees, contractors, successors, and assigns as set forth herein. A reference in this Addendum to a section in the HIP AA Rules me~ the section as in effect or as amended. Any ambiguity in this Addendum shall be interpreted to permit compliance with the IllP AA Rules. This Addendum may be amended or modified only in a writing signed by the Parties. No Party may assign its respective rights and obligations under this Addendum without the prior written consent of the other Party. None of the provisions of this Addendum are intended to create, nor will they be deemed to create any relationship between the Parties other than that of independent parties contracting with each other solely for the purposes of effecting the provisions of this Addendum and any other agreements between the parties evidencing their business relationship. This Addendum will be governed by the laws of the State of North Carolina. No change, waiver or discharge o(any liability or obligation hereunder on any one or more occasions shall be deemed a waiver of performance of any continuing or other obligation, or shall prohibit enforcement of any obligation," on any other occasion. The Parties agree that, in the event that any documentation created as part of the Agreement, including but not limited to the Agreement, contains provisions relating to the use or disclosure of Protected Health Information which are more restrictive than the provisions of this Addendum, the provisions of the more restrictive documentation will controL The provisions of this Addendum are intended to establish the minimum requirements regarding Business Associate's use and disclosure of Protected Health Information. In the event that any provision of this Addendum is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the provisions ofthis Addendum will remain in full force and effect. In addition, in the event a Party believes in good faith that any provision of this Addendum 20502.229-843114 v1 Exhibit A-58 111714 HC BOC Page 154 fails to comply with the then-current requirements of the HIP AA Rules, such Party shall notify the other Party in writing. For a period of up to thirty days, the Parties shall address in good faith such concern and amend the terms of this Addendum, if necessary to bring it into compliance. If, after such thirty-day period, the Addendum fails to comply with the HIP AA Rules, then either Party has the right to terminate this Addendum and the Agreement upon written notice to the other Party. 20502.229-843114 v1 Exhibit A-59 111714 HC BOC Page 155 IN WITNESS .WHEREOF, the parties have executed this Addendum as of the date set forth below with the signatures ofthe respective authorized officials of Covered Entity and Business Associate. Cumberland County Hospital System, Inc. d/b/a Cape Fear Valley Health System (Business Associate) By:. ______________________ ___ Michael Nagowski Title: ChiefExeqrtive Officer Date: ____________________________ __ 20502.229-843114 v1 Harnett Health System, Inc. d/b/a Harnett Health System (Covered Entity) By: ~ [./_ 6d&= Name: /'<i5#J/rLfJ W . J\.t A;]SD:J )( Title: C -H tJ l r1-M. M Date:--------------------------- Exhibit A-60 111714 HC BOC Page 156 Exhibit B ARTICLES OF AMENDMENT OF THE AMENDED AND RESTATED ARTICLES OF INCORPORATION OF HARNETT HEALTH SYSTEM, INC. The undersigne·d nonprofit corporation organized pursuant to Chapter 55A of the General Statutes of North Carolina hereby submits these Articles of Amendment of Harnett Health System, Inc. a North Carolina non-profit corporation ("Corporation"), pursuant to Section 55A-10-01 of the North Carolina General Statutes for the purpose of amending its Amended and Restated Articles of Incorporation: 1. The name of the corporation is Harnett Health System, Inc. 2. Article 7 of the Amended and Restated Articles of Incorporation is hereby deleted in its entirety and amended to read as follows: "7. The number, manner, election or appointment and qualification and the term of Trustees shall be as set forth in the Bylaws and as set forth herein below: The Board of Trustees ("Board") shall have thirteen (13) members, with seven (7) members being appointed (the "Appointed Members") by the Harnett County Board of Commissioners (the "County") from nominees submitted by the Board. The Appointed Members shall include one (1) person from each of the five (5) County Commissioner Districts, and the remaining two (2) Appointed Members shall be residents of the Harnett County. The County may reject any or all of the nominees that are submitted by the Board and require the Board to submit additional nominees. Five (5) members of the Board (the "Elected Members") shall be elected by the Board. One (1) Trustee (the "CFVHS Appointed Trustees") shall be appointed by the Cumberland County Hospital System, Inc. dba Cape Fear Valley Health System Board of Directors (the "CFVHS Board"). The CFVHS Appointed Trustee shall serve three (3) year terms. The first CFVHS Appointed Trustee to be appointed shall fill the seat previously held by an Elected Member and the initial term of such CFVHS Appointed Trustee shall be the duration of the remaining term of that Elected Trustee replaced by the CFVHS Appointed Trustee. Notwithstanding any other provision set forth herein, no amendment to these Articles may be made that amends the Board structure in any way that removes CFVHS's right to appoint a Trustee to the Board or otherwise dilutes CFVHS's governance rights under this Section 7 without the prior written consent of CFVHS. Board members shall be appointed for three (3) year terms, with the terms of the initial Board members to be staggered." 3. The Amendment set forth in these Articles of Amendment was adopted on October 30, 2014, by a unanimous vote of the Board of Trustees and approval of the members was not required because the Corporation has no voting members. 4. These Articles will become effective upon filing. 20502.229-843114 v1 Exhibit B-1 111714 HC BOC Page 157 This the?l'~ay of oc:·ro ~t')2..._ , 2014. HARNETT HEALTH SYSTEM, INC. By: ~LJ.~~~ Name: Ronald W. Maddox Title: Chairman of the Board of Trustees 20502.229-843114 v1 Exhibit B-2 111714 HC BOC Page 158 Agenda. Item 9 Board Meeting Agenda Item MEETING DATE: November 17,2014 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Rural Operating Assistance Program (ROAP) REQUESTED BY: Barry A. Blevins, General Services Director REQUEST: General Services request a public hearing to allow citizens an opportunity to comment on the proposed Rural Operating Assistance Program (ROAP) application to be submitted to the North Carolina Department of Transportation no later than November 21, 2014. Following the public hearing General Services requests the Harnett County Board of Commissioners consider and approve the NCDOT/Rural Operating Assistance Program Grant (ROAP). ROAP funds are utilized for the operating cost of trips and other transportation services. Funds will be utilized to provide transportation services when there are no other available funding sources. Rural Operating Assistance Program includes the following programs: Elderly and Disabled Transportation Assistance Program (EDTAP) provides operating assistance funds for transporting elderly and disabled citizens. ($77,099) Employment Transportation Assistance Program (EMP) provides transportation for the general public to employment locations, employment training, and any other employment related destinations. ($32,313) Rural General Public Program (RGP) funds are intended to provide transportation for individuals of the County who do not have a human service agency or organization that will pay for their transportation services. ($1 02,506) Requires a 10% match. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\bblevin~\Desktop\FY15 ROAP Agenda Request.doc 1 of2 Page 111714 HC BOC Page 159 FY 20 1 4 - 2 0 1 5 RO A P Ap p l i c a t i o n Su b m i s s i o n Ch e c k l i s t A p p l i c a n t Na m e He r e IT E M Ce r t i f i c a t i o n s 0 Ce r t i f i c a t i o n St a t e m e n t 0 Or i g i n a l Co p y o f Pu b l i c He a r i n g no t i c e in En g l i s h fr o m ne w s p a p e r 0 0 Af f i d a v i t ( s ) of Pu b l i c He a r i n g Pu b l i c a t i o n - En g l i s h Or i g i n a l Co p y of Pu b l i c He a r i n g no t i c e in Sp a n i s h fr o m ne w s p a p e r as ap p l i e s (S e e Ap p e n d i x B o{ R O A P St a t e Mg t Pl a n ) II " 0 Af f i d a v i t ( s ) o f Pu b l i c He a r i n g Pu b l i c a t i o n - Sp a n i s h Ve r s i o n as ap p l i e s (S e e Ap p e n d i x 8 o f RO A P St a t e Mg t Pl a n ) 0 Pu b l i c He a r i n g Re c o r d 0 Pu b l i c He a r i n g Mi n u t e s (o n l y if pu b l i c ha d co m m e n t s ) Pr o g r a m Do c u m e n t s 0 FY 2 0 1 4 - 2 0 1 5 RO A P Pr o g r a m Ap p l i c a t i o n 0 FY 2 0 1 4 - 2 0 1 5 RO A P Pr o g r a m Su b a l l o c a t i o n Wo r k s h e e t 0 Ot h e r Do c u m e n t s 0 RO A P Ap p l i c a t i o n Su b m i s s i o n Ch e c k l i s t 0 An y Co m p l e t e d Ti t l e VI Vo l u n t a r y Su r v e y Fo r m ( s ) C o u n t y o f Ha r n e t t Em a i l Si g n e d & Sc a n n e d C o p y to PT D Ye s Ye s Ye s Ye s Ye s Ye s Ye s Ye s Ye s Ye s Ye s Du e Da t e (n o t la t e r th a n ) 11 / 2 1 / 2 0 1 4 11 / 2 1 / 2 0 1 4 11 / 2 1 / 2 0 1 4 11 / 2 1 / 2 0 1 4 11 / 2 1 / 2 0 1 4 11 / 2 1 / 2 0 1 4 as so o n as po s s i b l e 11 / 2 1 / 2 0 1 4 11 / 2 1 / 2 0 1 4 11 / 2 1 / 2 0 1 4 11 / 2 1 / 2 0 1 4 Al l do c u m e n t s mu s t be sc a n n e d se p a r a t e l y an d at t a c h e d to on e em a i l . Do c u m e n t s sh o u l d be ea s i l y re c o g n i z e d by th e fi l e n a m e . Em a i l sc a n n e d co p i e s to : ct p t r a n s p o r t a t i o n @ n c d o t . g o v IM P O R T A N T ! ' NC D O T wi l l no t ac c e p t an y RO A P do c u m e n t s th a t ar e ma i l e d to ou r of f i c e . 111714 HC BOC Page 160 Application for Transportation Operating Assistance FY2015 Rural Operating Assistance Program Funds Name of Applicant (County) County of Harnett County Manager Tommy Burns County Manager"s Email Address tbums@hamett.org County Finance Officer Kimberly Honeycutt CFO's Email Address khoneycutt@hamett.org CFO's Phone Number (910) 814-6093 Person Completing this Darvin Springfield Application Person's Job Title Transit Services Manager Person's Email Address ds12ringfield(dl,hamett.org Person's Phone Number (910) 814-6161 Community Transportation Harnett Area Rural Transit System System Name of Transit Contact Person Darvin Springfield Transit Contact Person's Email Address dspringfield@hamett.org Application Completed by: Date: _j fj:J)Ji I certify that the content of this application is complete and accurately describes the county's administration of the ROAP Program, and the use of the ROAP funds in accordance with applicable state guidelines. County Manager: Date: Signature County Finance Officer: _____ _ Date: ________ _ Signature Application Instructions County officials should read the ROAP Program State Management Plan which contains guidance on the administration of the ROAP Program and information about the preparation of grant applications. e The application must be completed by an official of the county or his/her designee. e Click on the gray rectangle and type each answer. If needed, the text will automatically wrap to the next row. The answer may wrap to the next page if necessary. e If the county wishes to explain their response to any questions or provide more information, the county may include additional pages with this application form. All the pages of the application and any pages added by the applicant should be scanned into the same file. e Ifthere are questions regarding this application, contact the NCDOT-PTD Mobility Development Specialist assigned to the area served by the transit system. 111714 HC BOC Page 161 FY2015 ROAP Program Schedule Pre-Deadline Disbursement (25%) September 26, 2014 Application Deadline October 24, 2014 Final Disbursement (75%) November 14, 2014 The 25% disbursement must be returned to the state {(a ROAP application is not received by the application deadline. The Final Disbursement ·will occur only qfter review and approval o_ftlzis ROAP application. County's Management of ROAP Funds All counties are eligible to receive Rural Operating Assistance Program (ROAP) funding from the State of North Carolina. As a recipient ofROAP funds, the county must implement administrative processes that will ensure the following: • ROAP funds are expended on needs identified through a public involvement and/or planning process. • ROAP funds are expended on eligible activities only. • Supporting documentation of expenditures is maintained. • Service recipients meet eligibility requirements and their eligibility is documented. • Trips funded with ROAP funding are monitored and evaluated throughout the period ofperfonnance. • An accounting of trips and expenditures is provided in a semi-annual report to NCDOT. • ROAP funds received and expended arc included in the local annual audit. Transportation Needs and Public Involvement in Funding Decisions Yes or No A. Did the county ask the Community Transportation Advisory Board (TAB), which is affiliated with the community transit system. to recommend how the ROAP funds should be sub-Yes allocated? B. In addition to the public hearing notice and the public hearing, were other outreach efforts conducted to inform the public about the availability of ROAP funds and to discuss Yes transportation needs BEFORE the county decided to sub-allocate the ROAP funds? C. Does the federally funded Community Transportation System operating in the county have a Community Transportation Service Plan (CTSP) or Community Transportation Improvement No Plan (CTIP) that was developed in the last five years or being completed at this time? Date of the plan: D. Does your county have a Coordinated Public Transit-Human Services Transportation Plan (LCP) that provides a list ofunmet transportation needs and/or gaps in transportation services? Yes Date of the plan: 2009 E. Does the county have other transportation plans that address public transportation needs? No If yes, list and describe these plans. NA F. How did the county decide who would receive the ROAP funds? List the names of anyone who participated in the decision to suballocate the ROAP funds and their role in the community. The TAB reviewed the Transportation Services and Need Survey and made recommendations to the Board of Commissioners on how and where to allocate funds. G. How did the county decide on the amount ofROAP funds to sub-allocate to a subrecipient? It was based upon the agencies participation in the past and the efforts and purpose of transportation and the size of the organization and history of using the funds that are allocated for this project. 2 111714 HC BOC Page 162 Financial Management ofROAP Funds Yes or No I H. Does the county disburse/allocate ROAP funds to any county governmental departments? Yes I. If yes. how does the county account for these funds within the county's accounting system? The county account for these funds, ie., EDTAP, RGP, and EMP on separate line items in the budget for individual accounting. J. Does the county pass through any ROAP funds to agencies or organizations that are not No county governmental departments or agencies? K. If yes. does the county have a written agreement with these agencies that addresses the N/A proper use and accountability of these funds? (Include a sample agreement ll'ith application) L. ROAP funds cannot be used instead of using the existing transportation funding an agency or organization receives from any other funding source. If any of the departments. agencies or organizations receiving ROAP funding from the county get transportation funding from other Federal, State orLocal funding sources. list those funding programs: ':lilA M. Do any subrecipients receive ROAP funds before any trips are provided, and refund the No unused portion at the end of the period of performance? N. Are ROAP funds being deposited in an interest bearing account? Yes If no, then why aren't ROAP funds deposited in an interest bearing account? 0. What does the county do with the interest from the ROAP funds? It is place in an Interest on investment Account which is available for transportation as needed. P. Does the county provide any local funds for transportation operating assistance to any of the Yes ROAP sub-recipients in addition to the state ROAP funds? Q. Is supporting documentation maintained for all ROAP grant financial transactions for five Yes years? IMPORT ANT: Yes is the only correct answer. Monitoring and Oversight Responsibilities Yes or No R. The Finance Officer OR the Executive Director of an eligible transportation authority will be responsible for the oversight and evaluation of the transportation services provided with the Yes ROAP funding? IMPORT ANT: Yes is the only correct answer. S. Does the county require the subrecipients ofROAP funds to provide progress reports and Yes statistical data about the trips provided with ROAP funds? T. If progress reports and/or operating statistical reports are required by the county, how frequently are these provided to the county for evaluation? The reports are provided to the TAB and County quarterly. U. Does the county require the subrecipients of ROAP funds to use the transportation services of No the federally funded Community Transit System operating in the county? V. Are subrecipients ofROAP funds coordinating transportation services with other Yes subrecipients in the county therefore reducing any duplication of effort? 3 111714 HC BOC Page 163 Accountability to North Carolina Taxpayers Yes or No I W. Is the method used to sub-allocate the ROA.P funds fair and equitable? Open and Yes transparent? X. Is the county prepared to provide documentation that an eligible citizen was provided an Yes eligible service or trip on the billed date, by whatever conveyance, at the specified cost? Y. A semi-annual ROAP Report must be completed and sent to NCDOT. Who will be designated to complete these reports in FY20 I 5? (name. title. employer) Darvin Springfield, Transit Services Manager, County of Harnett Elderly and Disabled Transportation Assistance Program The Elderly and Disabled Transportation Assistance Program (EDT AP), originally enacted by legislation in the 1989 Session of the North Carolina General Assembly (Article 2B, 136-44.27), provides operating assistance funds for the transportation of the state's elderly and disabled citizens. This transportation assistance allows the elderly and disabled to reside for a longer period in their homes, thereby enhancing their quality of life. Elderly and Disabled Transportation Assistance Program Questions Yes or No A. What will be the purposes of the trips provided with EDT AP funds? (Check all that app(r) ~ Personal care activities, medical appointments, phannacy pick-up, shopping, bill paying, meetings, classes, banking D Job interviews, job fair attendance, job readiness activities or training, GED classes D Transportation to workplace ~ Group field trips/tours to community special events (Federal charter regulations apply to transit.) D Overnight trips to out-ot~county destinations (Federal charter regulations apply to transit) D Human service agency appointments B. How will the transportation service be provided? (Check all that apply) ~ Public Transportation System D Private Provider D Taxi Service 0 Agency Staff Driver 0 Volunteer Driver Program C. Are any of the EDT AP services you are funding, listed as an unmet need or gap in service in the Public Transit-Human Service Coordination Plan or any other transportation plan for your No county? See these page numbers in the plan:. Plan Title: ..... D. Does the federally funded Community Transit System operating in your county receive a No sub-allocation of EDT AP funds? If yes, docs the county dictate which agencies and organizations will receive No transportation services with any of the EDT AP funds the transit system receives? Can the Community Transit System use any of the EDT AP funds it receives to provide transportation for elderly and disabled citizens of the county who do not have a human Yes service agency or organization to pay for the service? 4 111714 HC BOC Page 164 Elderly and Disabled Transportation Assistance Program Questions (con't) Yes or No If the transit system's Community Transportation Service Plan (CTSP) is less than six years old. does it describe and evaluate the services the transit system is proYiding for N/A the elderly and disabled? See these page numbers in the plan: Plan Title: Does the CTSP recommend any new EDT AP funded services for FY20 15'? See these page numbers in the plan: NIA Plan Title: I E. Will any of the subrecipients use their EDTAP sub-allocation as matching funds for any of the following programs? (ivfatc!zingfimdsfor operating assistance only.) 5310-Elderly Individuals and Individuals with Disabilities Program 5311 -Non-urbanized Area Formula Program No 5316-Job Access and Reverse Commute Program (I ARC) 5317-New Freedom Program F. Will any of the subrecipients of EDT AP funds charge a fare for an EDT AP funded trip'? No If yes, how much will the fare be? If yes. how will the fare revenue be used'? G. Do any of the subrecipients of EDT AP funds restrict EDT AP funded trips based on the No origin, timing or destination of the trip'? H. Is there a process or policy for determining when it is appropriate to transfer EDT AP funds from one sub-recipient to another to prevent there being unspent funds at the end of the period of No performance'? I. EDT AP funded trips are expected to be provided throughout the entire year. Ifthe EDTAP funds are expended in less than a year, will the county provide county funds to prevent the Yes discontinuation of transportation trips? Employment Transportation Assistance Program The Employment Transportation Assistance Program (EMPL) is intended to help DSS clients that transitioned off Work First or T ANF in the last 12 months, Workforce Development Program participants and/or the general public to travel to work, employment training and/or other employment related destinations. Employment Transportation Program Questions I Yes or No A. What will be the purposes of the transportation services provided with EMPL funds? (Check all that apply) k8J Job interviews, job fair attendance, job readiness activities or training k8J Transportation to workplace (Scheduled by the individual only. ~o agency scheduled trips.) 0 Child(ren) of working parent transported to Child Care B. How will the transportation service be provided? (Check all that apply) C8J Public Transportation System D Private Provider D Taxi Service 0 Agency Staff Driver 0 Volunteer Driver Program 5 111714 HC BOC Page 165 Employment Transportation Program Questions (con't) Yes or No c. Describe the eligibility criteria to be used in this county to determine who will be provided EMPL funded trips. Work First and Sheltered workshop client's eligibility is determined by their DSS Case l\'Ianagers. Workforce Development clientele individuals are screened applving for the agencies services. D. Are any of the EMPL services you are funding. listed as an unmet need or gap in service in the Public Transit-Human Service Coordination Plan or any other transportation plan for your No county? See these page numbers in the plan: Plan title: [E. Does the federally funded Community Transit System operating in your county receive a sub- Yes allocation of EMPL funds'? If yes. does the county dictate which agencies and organizations will receive Yes transportation services with any of the EMPL funds the transit system receives'? Can the Community Transit System use any of the EMPL funds it receives to provide transportation for citizens in the county who need transportation to a job or employment Yes related destination and who do not have a human service agency or organization to pay for the service'? If the transit system ·s Community Transportation Service Plan (CTSP) is less than six years old. does it describe and evaluate the services the transit system is providing for N/A the employed or unemployed'? See these page numbers in the plan: Plan title: Does the CTSP recommend any new EMPL funded services for FY20 13'? See these page numbers in the plan: N/A Plan title: F. Will any of the subrecipients of EMPL funds charge a fare for an EMPL funded trip'? No If yes, how much will the fare be? If yes, how will the fare revenue be used'? G. Do any of the subrecipients of EMPL funds restrict EMPL funded trips based on the origin, No timing or destination of the trip'? H. Is there a process or policy for determining when it is appropriate to transfer funds from one sub-recipient to another to prevent there being unspent funds at the end of the period of Yes performance? I. Has the county transferred any EMPL funds to EDT AP or RGP in the last two years? No J. Will any of the subrecipients use their EMPL sub-allocation as matching funds for any of the following programs? (Matching funds for operating assistance only.) 5310-Elderly Individuals and Individuals with Disabilities Program 5311 -Non-urbanized Area Formula Program No 5316-Job Access and Reverse Commute Program (JARC) 5317-New Freedom Program K. EMPL funded trips are expected to be provided throughout the entire year. If the EMPL funds are expended in less than a year, will the county provide county funds to prevent the Yes discontinuation of transportation services? 6 111714 HC BOC Page 166 Rural General Public Program The Rural General Public Program assistance funds are intended to provide transportation services for individuals from the county who do not have a human service agency or organization to pay for the trip. The county, in consultation with the Community Transportation System, must determine the RG P services to be provided with the RGP funds. Rural General Public Transportation Program Questions J Yes or No A. What will be the trip purposes of the transportation services provided with RGP funds? (Check all that apply) [g) Personal care activities, medical appointments, pharmacy pick-up, shopping, bill paying, meetings, classes, banking [g) Job interviews, job fair attendance, job readiness activities or training, GED classes [g) Transportation to workplace (Scheduled by the individual only. ~o agency scheduled trips.) [g) Child(ren) of working parent transported to child care D Group field trips 1tours to community special events (Federal charter regulations apply to transit.) D Overnight trips to out-of-county destinations (Federal charter regulations apply to transit.) D Human service agency appointments B. How will the transportation service be provided? (Check all that apply) [g) Public Transportation System D Private Provider D Taxi Service D Volunteer Driver Program C. Are any of the RGP funded services the transit system will provide listed as an unmet need or gap in service in the Public Transit-Human Service Coordination Plan or any other transportation No plan for your county? See these page numbers in the plan: Plan title: D. If the transit system's Community Transportation Service Plan (CTSP) is less than six years old, does it describe and evaluate the general public services the transit system does in the county for citizens who need transportation but don't have a human service agency or organization to N/A pay for the service? See these page numbers in the plan: Plan title: E. Does the CTSP recommend any new RGP funded services for FY2013? See these page numbers in the plan: N/A Plan title: F. Will RGP trips be provided to citiz~ns who need transportation but don't have a human Yes service agency or organization to pay for the trip? G. Will any of the RGP funded trips be restricted based on origin, timing or destination of the No trip to control the expenditure of funds overtime? H. Since the subrecipient can only use RGP funds to pay for 90% of the cost of a trip, will the Community Transit System use fare revenue to generate the local I 0% match requirement for Yes RGP funds? If yes, how much will the fare be? $3.00 If yes, how will the fare revenue be used? To provide 10% of local match 7 111714 HC BOC Page 167 Rural General Public Transportation Program Questions (con't) Yes or No If no, describe the source ofthe required matching funds? I. Will RGP funded trips be coordinated with human service agency trips? Yes ]. How will the Community Transit System market the proposed RGP funded services? Through radio advertisements and other local media sources. I K. Will the Community Transit System use any of their RGP sub-allocation as matching funds for any of the following programs? (idatchingfundsfor operating assistance onM 5310-Elderly Individuals and Individuals with Disabilities Program 5311 -Non-urbanized Area Formula Program No 5316-Job Access and Reverse Commute Program (JARC) 5317-New Freedom Program L Is any part of the county in an urbanized area according to the 20 I 0 census? No M. RGP funded trips are expected to be provided throughout the entire year. If the RGP funds are expended in less than a year, will the county provide county funds to prevent the Yes discontinuation of transportation services? 8 111714 HC BOC Page 168 FY 2 0 1 5 RO A P Su b - A l l o c a t i o n Wo r k s h e e t El d e r l y an d Di s a b l e d Tr a n s p o r t a t i o n Em p l o y m e n t Tr a n s p o r t a t i o n As s i s t a n c e Ru r a l Ge n e r a l Public Transportation As s i s t a n c e Pr o g r a m Pr o g r a m Ag e n c i e s Re c e i v i n g Su b - A l l o c a t i o n s Pr o p o s e d Pr o p o s e d Proposed Am o u n t of re q u e s t to be Nu m b e r of On e Wa y Am o u n t of re q u e s t to be Nu m b e r of On e Wa y Am o u n t of re q u e s t to be Number of One Way su b a l l o c a t e d Pa s s e n g e r Tr i p s su b a l l o c a t e d Pa s s e n g e r Tr i p s su b a l l o c a t e d Passenger Trips Ha r n e t t Ar e a Ru r a l Tr a n s i t Sy s t e m $7 7 , 0 9 9 26 7 4 8 $3 2 , 3 1 3 25 1 5 $1 0 2 , 5 0 6 11820 DS S - W o r k f i r s t $0 $0 $0 Jo b l i n k $0 $0 $0 $0 $0 $0 I $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TO T A L AM O U N T $7 7 , 0 9 9 26 7 4 8 $3 2 , 3 1 3 25 1 5 $1 0 2 , 5 0 6 11820 Ag e n c i e s Re c e i v i n g Su b - A l l o c a t i o n s ED T A P EM P L RG P Av g Co s t of Tr i p Av g Co s t of Tr i p Av g Co s t of Se r v Ha r n e t t Ar e a Ru r a l Tr a n s i t Sy s t e m $2 . 8 8 $0 . 0 0 $8 . 6 7 DS S - W o r k f i r s t $0 . 0 0 $1 2 . 8 4 $0 . 0 0 Jo b l i n k $0 . 0 0 $1 2 . 8 4 $0 . 0 0 0 $0 . 0 0 $0 . 0 0 $0 . 0 0 0 $0 . 0 0 $0 . 0 0 $0 . 0 0 0 $0 . 0 0 $0 . 0 0 $0 . 0 0 In i t i a l s - MDS Reviewer 0 $0 . 0 0 $0 . 0 0 $0 . 0 0 0 $0 . 0 0 $0 . 0 0 $0 . 0 0 0 $0 . 0 0 $0 . 0 0 $0 . 0 0 0 $0 . 0 0 $0 . 0 0 $0 . 0 0 0 $0 . 0 0 $0 . 0 0 $0 . 0 0 0 $0 . 0 0 $0 . 0 0 $0 . 0 0 Co u n t y of Ha r n e t t Na m e of Ap p l i c a n t (C o u n t y ) Si g n a t u r e - Co u n t y Fi n a n c e Director 111714 HC BOC Page 169 CERTIFIED STATEMENT FY2015 RURAL OPERATING ASSISTANCE PROGRAM County of Harnett WHEREAS, the state-funded, formula-based Rural Operating Assistance Program (ROAP) administered by the North Carolina Department of Transportation, Public Transportation Division provides funding for the operating cost of passenger trips for counties within the state; WHEID:AS, the county uses the most recent transportation plans (i.e. CTSP, CTIP, LCP) available and other public involvement strategies to learn about the transportation needs of agencies and individuals in the county before determining the sub-allocation of these ROAP funds; WHEREAS, the county government or regional public transportation authorities created pursuant to Article 25 or Article 26 of Chapter 160A of the General Statutes (upon written agreement with the municipalities or counties served) are the only eligible recipients of Rural Operating Assistance Program funds which are allocated to the counties based on a formula as described in the Program Guidelines included in the ROAP State Management Plan. NCDOT will disburse the ROAP funds only to counties and eligible transportation authorities and not to any sub-recipients selected by the county; WHEREAS, the county finance officer will be considered the county official accountable for the administration of the Rural Operating Assistance Program in the county, unless otherwise designated by the Board of County Commissioners; WHEREAS, the passenger trips provided with ROAP funds must be accessible to individuals with disabilities and be provided without discrimination on the basis of national origin, creed, age, race or gender (FT A C 4702.1 A, FT A C 4704.1, Americans with Disabilities Act 1990); and WHEREAS, the period of performance for these funds will be July 1, 2014 to June 30, 2015 regardless of the date on which ROAP funds are disbursed to the county. NOW, THEREFORE, by signing below, the duly authorized representatives of the County of Harnett North Carolina certify that the following statements are true and accurate: 111 The county employed a documented methodology for sub-allocating ROAP funds that involved the participation of eligible agencies and citizens. Outreach efforts to include the participation of the elderly and individuals with disabilities, persons with limited English proficiency, minorities and low income persons in the county's sub-allocation decision have been documented. e The county will advise any sub-recipients about the source of the ROAP funds, specific program requirements and restrictions, eligible program expenses and reporting requirements. The county will be responsible for invoicing any sub-recipients for unexpended ROAP funds as needed . ., The county will monitor ROAP funded services routinely to verify that ROAP funds are being spent on allowable activities and that the eligibility of service recipients is being properly documented. The county will maintain records of trips and services for five years that prove that an eligible citizen was provided an eligible transportation service on the billed date, by whatever conveyance at the specified cost. 111 The county will be responsible for monitoring the safety, quality and cost ofROAP funded services and assures that any procurements by subrecipients for contracted services will follow state guidelines . ., The county will conduct regular evaluations ofROAP funded passenger trips provided throughout the period of performance. 111714 HC BOC Page 170 Revised 2014-2015 ROAP Allocations Revised Revised Revised Revised COUNTIES EDTAP 15 EMPL15 RGP15 TOTAL 2015 Alamance $93,126 $49,816 $120,285 $263,227 Alexander $54,406 $12,089 $56,140 $122,635 Alleghany $45,179 $4,874 $41,846 $91,899 Anson $50,369 $15,636 $50,213 $116,218 Ashe $51,339 $8,068 $50,562 $109,969 Avery $46,636 $5,939 $45,333 $97,908 Beaufort $62,044 $22,260 $62,067 $146,371 Bertie $48,751 $9,013 $47,076 $104,840 Bladen $56,209 $23,088 $55,095 $134,392 Brunswick $92,033 $34,560 $97,973 $224,566 Buncombe $131,883 $43,903 $123,771 $299,557 Burke $79,699 $29,947 $85,424 $195,070 Cabarrus $87,261 $27,581 $73,571 $188,413 Caldwell $74,185 $17,766 $81,240 $173,191 Camden $43,234 $5,347 $41,149 $89,730 Carteret $71,112 $22,733 $73,222 $167,067 Caswell $50,205 $8,422 $48,470 $107,097 Catawba $91,663 $23,088 $87,864 $202,615 Chatham $62,524 $16,583 $71 ,479 $150,586 Cherokee $53,610 $7,713 $50,562 $111,885 Chowan $46,632 $6,885 $43,938 $97,455 Clay $44,531 $4,638 $41,846 $91,015 Cleveland $80,827 $29,710 $89,607 $200,144 Columbus $67,070 $26,754 $67,644 $161,468 Craven $81,164 $41,419 $93,790 $216,373 Cumberland $140,291 $94,283 $103,203 $337,777 Currituck $47,119 $7,239 $48,819 $103,177 Dare $52,957 $9,251 $54,746 $116,954 Davidson $101,895 $39,646 $123,074 $264,615 Davie $54,404 $13,863 $58,581 $126,848 Duplin $62,527 $16,820 $68,690 $148,037 Durham $115,069 $35,860 $57,883 $208,812 EBCI $0 $0 $40,103 $40,103 Edgecombe $63,817 $31,129 $57,185 $152,131 Forsyth $144,280 $38,700 $0 $182,980 Franklin $62,356 $16,465 $69,736 $148,557 Gaston $118,872 $34,087 $110,873 $263,832 Gates $44,209 $6,767 $42,195 $93,171 Graham $42,588 $4,283 $40,103 $86,974 Granville $66,251 $14,336 $67,644 $148,231 Greene $47,120 $8,658 $47,424 $103,202 Revised FY15 ROAP Allocations 111714 HC BOC Page 171 Revised 2014-2015 ROAP Allocations Revised Revised Revised Revised COUNTIES EDTAP 15 EMPL15 RGP15 TOTAL 2015 Guilford $181 '760 $89,789 $104,947 $376,496 Halifax $67,555 $17,057 $65,553 $150,165 Harnett $77,099 $32,313 $102,506 $211,918 Haywood $65,441 $22,260 $68,342 $156,043 Henderson $85,032 $22,851 $88,212 $196,095 Hertford $51,176 $11,616 $49,167 $111,959 Hoke $53,599 $15,755 $63,113 $132,467 Hyde $41 '781 $4,756 $38,709 $85,246 Iredell $89,897 $44,613 $125,863 $260,373 Jackson $55,553 $10,079 $54,746 $120,378 Johnston $91,043 $38,582 $132,487 $262,112 Jones $45,185 $5,347 $41,498 $92,030 Lee $60,228 $19,421 $68,342 $147,991 Lenoir $67,542 $25,217 $68,690 $161,449 Lincoln $69,466 $18,357 $79,497 $167,320 Macon $56,204 $8,896 $54,397 $119,497 Madison $48,910 $6,530 $47,424 $102,864 Martin $50,693 $10,196 $48,819 $109,708 McDowell $61,873 $14,573 $0 $76,446 Mecklenburg $258,114 $289,182 $144,688 $691,984 Mitchell $47,445 $5,466 $43,938 $96,849 Montgomery $51' 178 $11,733 $50,910 $113,821 Moore $77,600 $21,195 $85,772 $184,567 Nash $76,293 $18,238 $66,599 $161 '130 New Hanover $107,102 $33,022 $91,001 $231,125 Northampton $51,993 $8,895 $47,424 $108,312 Onslow $90,064 $42,602 $98,671 $231,337 Orange $73,344 $30,893 $70,085 $174,322 Pamlico $46,153 $5,229 $42,892 $94,274 Pasquotank $54,238 $17,884 $57,883 $130,005 Pender $61,880 $15,756 $65,553 $143,189 Perquimans $46,476 $5,111 $43,241 $94,828 Person $55,711 $19,067 $57,534 $132,312 Pitt $89,413 $69,684 $83,332 $242,429 Polk $48,579 $7,239 $46,727 $102,545 Randolph $88,941 $44,021 $114,359 $247,321 Richmond $62,523 $25,216 $61,370 $149,109 Robeson $92,517 $68,620 $110,176 $271,313 Rockingham $81,323 $37,279 $87,167 $205,769 Rowan $91,683 $24,507 $88,561 $204,751 Rutherford $71,925 $22,969 $73,222 $168,116 Revised FY15 ROAP Allocations 111714 HC BOC Page 172 Revised 2014-2015 ROAP Allocations Revised Revised Revised Revised COUNTIES EDTAP 15 EMPL15 RGP15 TOTAL 2015 Sampson $64,474 $17,293 $71,131 $152,898 Scotland $57,331 $20,603 $55,791 $133,725 Stanly $62,998 $19,066 $69,039 $151,103 Stokes $58,629 $13,863 $61,718 $134,210 Surry $70,625 $18,003 $76,360 $164,988 Swain $45,020 $5,229 $39,058 $89,307 Transylvania $55,714 $13,390 $54,048 $123,152 Tyrrell $41,294 $3,337 $0 $44,631 Union $87,943 $58,923 $150,615 $297,481 Vance $67,535 $12,799 $60,672 $141,006 Wake $240,565 $188,542 $250,319 $679,426 Warren $53,775 $10,078 $47,076 $110,929 Washington $46,316 $13,153 $42,892 $102,361 Watauga $54,078 $10,196 $54,745 $11 9,019 Wayne $83,582 $32,313 $84,726 $200,621 Wilkes $70,795 $39,763 $74,268 $184,826 Wilson $70,447 $23,678 $53,699 $147,824 Yadkin $53,601 $10,670 $56,837 $121 '108 Yancey $48,584 $5,939 $45,333 $99,856 TOTALS $7,207,285 $2,628,073 $6,972,170 $16,807,528 Revised FY15 ROAP Allocations 111714 HC BOC Page 173 Important-A public hearing MUST be conducted whether or not requested by the Public. ROAP PUBLIC HEARING RECORD Date Public Notice was published: APPLICANT: DATE: PLACE: TIME: How many attended the public hearing? How many members of the PUBLIC attended the public hearing? Public Attendance Surveys 0 (Attached) 0 (Offered at Public Hearing but none completed) 1, the undersigned, representing (Legal Name of Applicant) __ do hereby certify to the North Carolina Department of Transportation, that a Public Hearing was held as indicated above and During the Public Hearing 0 (NO public comments) 0 (Public Comments were made and meeting minutes will be submitted after board approval) The estimated date for board approval of meeting minutes is: ------------ r ....................... ~;;;;·~~~~~·;~~~·;;~:~~······ .................. l Signature of Clerk to the Board ! l Printed Name and Title Date .................................................................................................. : 111714 HC BOC Page 174 Voluntary Title VI Public Involvement Title VI of the Civil Right's Act of 1964 requires North Carolina Department of Transportation to gather statistical data on participants and beneficiaries of the agency's federal-aid highway programs and activities. The North Carolina Department of Transportation collects information on race, color, national origin and gender of the attendees to this public meeting to ensure the inclusion of all segments of the population affected by a proposed project. The North Carolina Department of Transportation wishes to clarify that this information gathering process is completely voluntary and that you are not required to disclose the statistical data requested in order to participate in this meeting. This form is a public document. The completed forms will be held on file at the North Carolina Department of Transportation. For Further information regarding this process please contact Sharon Lipscomb, the Title VI Manager at telephone number 919.508.1808 or email at slipscomb@ncdot.gov. Project Name: l Date: Meeting Location: Name (please print) Gender: 0 Male 0 Female General ethnic identification categories (check one) 0 Caucasian [ ] Hispanic American 0 American Indian/Alaskan Native 0 African American 0 Asian/Pacific Islander Other: Color: National Origin: After you complete this form, please fold it and place it inside the designated box on the registration table. Thank you for your cooperation. 111714 HC BOC Page 175 Public Hearing Notice Harnett County Residents This is to infonn the public of the opportunity to attend a public hearing on the proposed Rural Operating Assistance Program (ROAP) application to be submitted to the North Carolina Department of Transportation no later than November 21, 2014 by the County of Harnett. The public hearing will be held on November 17, 2014 at 7:00p.m. at the County of Harnett commissioners meeting in the Harnett County Administration Building located at 102 E. Front St. Lillington, NC 27546. County of Harnett will provide auxiliary aids and services under the ADA for disabled persons who wish to participate in the hearing. Anyone requiring special services should contact Darvin Springfield, Transit Services Manager at (91 0) 814-4019 as soon as possible so that arrangements can be made. The programs included in the Rural Operating Assistance Program application are: 1. Elderly & Disabled Transportation Assistance (EDT AP) Program provides operating assistance for the public transportation of elderly and disabled citizens. 2. Employment Transportation Assistance Program provides operating assistance for the public transportation of persons with employment related transportation needs. 3. Rural General Public (RGP) Program provides operating assistance for the public transportation of persons living in non-urban areas of the county. The period of performance for Rural Operating Assistance Program funds is July 1, 2014 through June 30, 2015. The FY20 15 ROAP individual program totals are: PROGRAM TOTAL EDTAP $77,099 EMPL $32,313 RGP $102,506 TOTAL $211,918 This application may be inspected at the Harnett Area Rural Transit System located at 250 Alexander Dr., Lillington, NC 27546 from 8:00a.m.-5:00p.m., Monday through Friday. Written comments should be directed to Darvin Springfield, Transit Services Manager, Post Office Box 85, Lillington, NC 27546, before November 15, 2014. 111714 HC BOC Page 176 A vi so de audiencia publica Los residentes del Condado de Harnett Esto es para informar a! publico sabre Ia oportunidad de asistir a una audiencia publica sobre Ia aplicaci6n de programa asistencia operativo Rural (Asia) propuesto para ser sometida a! Departamento de transporte de Carolina del norte no mas tardar el21 de noviembre de 2014 por el Condado de Harnett. La audiencia publica se celebranl. el17 de noviembre de 2014 a 19:00 en el Condado de Harnett comisionados reunidos en el edificio de administraci6n del Condado de Harnett ubicada en 102 E. Front St Lillington, NC 27546. Condado de Harnett proporcionara ayudas auxiliares y servicios bajo la ADA para personas con discapacidad que deseen participar en la audiencia. Cualquiera que requieren servicios especiales dirigirse a Darvin Springfield, trans ito Services Manager en (91 0) 814-4019 tan pronto como sea posible para que se pueden hacer arreglos. Los programas incluidos en la aplicaci6n del programa de asistencia Rural de funcionamiento son: 1. Ancianos & programa de asistencia de trans porte deshabilitado (EDT AP) provee asistencia operativa para el transporte publico de los ciudadanos ancianos y discapacitados. 2. Programa de asistencia de transporte empleo proporciona funcionamiento asistencia para el transporte publico de personas con empleo relacionada con las necesidades de transporte. 3. Programa publico General rural (RGP) provee asistencia operativa para el transporte publico de personas que viven en areas no urbanas del condado. El plaza de ejecuci6n de fondos del programa de asistencia Rural de funcionamiento es 01 de julio de 2014 a traves de 30 de junio de 2015. Los to tales del programa individual de ROAP FY20 15 son: PROGRAMA TOTAL EDTAP $77.099 EMPL $32.313 RGP $102.506 TOTAL $211.918 Esta aplicaci6n puede ser inspeccionada en el sistema de tr{msito Rural Area de Harnett situada a 250 Alexander Dr., Lillington, NC 27546 de S:OOa.m.-17:00, dellunes al viernes. Comentarios por escrito deben scr dirigidas a Darvin Springfield, Gerente de servicios de tn'msito, Post Office Box 85, Lillington, NC 27546, antes de 15 de noviembre de 2014. 111714 HC BOC Page 177 Board Meeting Agenda Item Agenda I tern I Q MEETING DATE: November 17,2014 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: FY 16 Community Transportation Program Application (HARTS) REQUESTED BY: Barry A. Blevins, General Services Director REQUEST: General Services requests a public hearing to allow citizens an opportunity to comment on transportation needs and the proposed 5311 Community Transporation Program application to be submitted to the North Carolina Department of Transportation, Public Transportation Division (NCDOT/PTD) no later than November 21, 2014. Following the public hearing General Services requests the Board of Commissioners consider and approve the application and resolution to apply for FY16 funding. Requires matching funds totaling$ 46,045. Specifically, 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. COUNTY MANAGER'S RECOMMENDATION: E:IFY 16 5311 \FY 16 Application F o1derlagendafonn20 14 -5 Nov. doc 1 of 1 Page 111714 HC BOC Page 178 COMMUNITY TRANSPORTATION PROGRAM RESOLUTION Section 5311 FY 2016 RESOLUTION Applicant seeking permission to apply for Community Transportation Program funding, enter into agreement with the North Carolina Department of Transportation, provide the necessary assurances and the required local match. A motion was made by (Board Member's Name) and seconded by (Board Member's Name or N!A, if not required) for the adoption of the following resolution, and upon being put to a vote was duly adopted. WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for administering federal and state public transportation funds; and WHEREAS, the North Carolina Department of Transportation will apply for a grant from the US Department of Transportation, Federal Transit Administration and receives funds from the North Carolina General Assembly to provide assistance for rural public transportation projects; and WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the provision of rural public transportation services consistent with the policy requirements for planning, community and agency involvement, service design, service alternatives, training and conference participation, reporting and other requirements (drug and alcohol testing policy and program, disadvantaged business enterprise program, and fully allocated costs analysis); and WHEREAS, (Legal Name of Applicant) County of Harnett hereby assures and certifies that it will provide the required local matching funds; that its staff has the technical capacity to implement and manage the project, prepare required reports, obtain required training, attend meetings and conferences; and agrees to comply with the federal and state statutes, regulations, executive orders, Section 5333 (b) Warranty, and all administrative requirements related to the applications made to and grants received from the Federal Transit Administration, as well as the provisions of Section 1001 of Title 18, U. S. C. NOW, THEREFORE, be it resolved that the (Authorized Official's Title)* of (Name of Applicant's Governing Body) County of Harnett Board of Commissioners is hereby authorized to submit a grant application for federal and state funding, make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide rural public transportation services. I (Certifying Official's Name)* (Certifying Official's Title) do hereby certify that the above is a true and correct copy of an excerpt from the minutes of a meeting of the (Name of Applicant's Governing Board) County of Harnett Board of Commissioners duly held on the day of _______ _ Signature of Certifying Official *Note that the authorized official, certifying official, and notary public should be three separate individuals. Seal Subscribed and sworn to me (date) _______ _ Affu: Notary Seal Here Notary Public * Printed Name and Address My commission expires (date) ................................................... *'''•·········································' 111714 HC BOC Page 179 HUMAN SERVICE AGENCY TRANSPORTATION RESOLUTION State Funds FY 2016 RESOLUTION Applicant seeking permission to apply for Human Service Transportation funding, enter into agreement with the North Carolina Department of Transportation, provide the necessary assurances, and the required local match. A motion was made by (Board Member's Name) __ and seconded by (Board Member's Name or NIA, if not required) __ for the adoption of the following resolution, and upon being put to a vote was duly adopted. WHEREAS, Article 28 of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for administering federal and state public transportation funds; and WHEREAS, the North Carolina Department of Transportation receives funds from the North Carolina General Assembly to provide assistance for rural public transportation projects; and WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the provision of rural public transportation services; and WHEREAS, (Legal Name of Applicant) __ hereby assures and certifies that it will provide the required local matching funds; that its staff has the technical capacity to implement and manage the project, prepare required reports, obtain required training, attend meetings and conferences; and agrees to comply with the federal and state statutes, regulations, executive orders, and all administrative requirements related to the applications made to and grants received from the North Carolina Department of Transportation; NOW, THEREFORE, be it resolved that the (Authorized Official's Title)* __ of (Name of Applicant's Governing Body) __ is hereby authorized to submit a grant application for state funding, make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide rural public transportation services. 1 (Certifying Official's Name)* __ (Certifying Official's Title) __ do hereby certify that the above is a true and correct copy of an excerpt from the minutes of a meeting of the (Name of Applicant's Governing Board) __ duly held on the __ day of __ , __ . Signature of Certifying Official *Note that the authorized official, certifying official, and notary public should be three separate individuals. Seal Subscribed and sworn to me (date) _______ _ !'''''''''"'''''''''''''''''n••••••••••"•••••••••••••••••••••••••••••u.oooooooooooooo•••••••••'- Notary Public * i Affix Notary Seal He" j : : l I Printed Name and Address My commission expires (date) --------------------: : I I ! : ................................................................................................. : 111714 HC BOC Page 180 (Required of all Applicants) CERTIFICATION AND RESTRICTIONS ON LOBBYING I, , on behalf of Name of Authorized Official County of Harnett Legal Name of Applicant Hereby certifies that: No Federal/State appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal/State agency, a Member of Congress or State Legislature, an employee of a member of Congress or State Legislature, or an officer or employee of Congress or State Legislature in connection with the awarding of any Federal/State contract, the making of any Federal/State grant, the making of any Federal/State loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal/State contract, grant, loan, or cooperative agreement. If any funds other than Federal/State appropriated funds have been paid or will be paid to any person influencing or attempting to influence an officer or employee of any Federal/State agency, a Member of Congress or State Legislature, an employee of a member of Congress or State Legislature, or an officer or employee of Congress or State Legislature in connection with the Federal/State contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation o.f fact upon which reliance was placed when this transaction was made or entered into. Submission o.f this cert~fication is a prerequisite for making or entering into this transaction imposed by 31 U.S. C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person H'hofails to.file the required cert~fication shall be subject to a civil penalty of not less than $10,000 and not more than $100,000for each suchfailure. Jhe undersigned certifies or affirms the trut~fulness and accuracy of the contents o.f the statements submitted on or with this certffication and understands that the provisions of 31 U.S. C. Section 3801, et seq., are applicable thereto. Signature of Authorized Official AffiX Notary Seal Here Seal Subscribed and sworn to me (date) ______ _ Notary Public Printed Name and Address My commission expires (date) -----------------..... ·~·················*"·················· ·········· ........................................... .. 111714 HC BOC Page 181 (Required of all Applicants that plan to procure inaccessible vehicles) CERTIFICATION OF EQUIVALENT SERVICE Countv of Harnett (Legal Name of Applicant) certifies that its demand responsive service offered to individuals with disabilities (as defined in 49 CFR 37.3), including individuals who use wheelchairs, is equivalent to the level and quality of service offered to individuals without disabilities. Such service, when viewed in its entirety, is provided in the most integrated setting feasible and is equivalent with respect to: 1) Response time; 2) Fares; 3) Geographic service area; 4) Hours and days of service; 5) Restrictions or priorities based on trip purpose; 6) Availability of information and reservation capability; and 7) Constraints on capacity or service availability. In accordance with 49 CFR 37.77, public funded entities operating demand responsive systems for the general public which receive financial assistance under section 18 ofthe Federal Transit Act must file this certification with the appropriate state program office before procuring any inaccessible vehicle. NCDOT also requires state funded entities that do not receive Federal Transit Administration (FT A) funds to file this certification as well. This certification is valid for no longer than one year from its date of filing. The NCDOT Public Transportation Division requires all participants to certify equivalent service when requesting to purchase non-ADA accessible vehicles. By signing this certification, the above-named agency is certifying that it has a mechanism in place to provide rides to individuals with disabilities. The ride must be provided in a manner equivalent to the service provided by the above-named agency to individuals without disabilities. ~••••••••••••••••••••••••••••••••••••••••••••••••oooooooooooooooooooooooooooouooooooooooooooouo! ! Aff<x No~ry Seal Here I Signature of Authorized Official Seal Subscribed and sworn to me (date) ______ _ Notary Public ~ ~ ~ ~ ~ ~ Printed Name and Address My commission expires (date) l. .............................................................................................. .l 2 111714 HC BOC Page 182 SFY 2016 Community Transportation Program (CTP) Grant Application -Special Section 5333 (b) Warranty Special Section 5333(b) Warranty For Application to the Nonurbanized Area Formula Program The following language shall be made part of the contract of assistance with the State or other public body charged with allocation and administration of funds provided under the Community Transportation Program (CTP): A. General Application The Public Body (The North Carolina Department of Transportation) agrees that the terms and conditions of this warranty, as set forth below, shall apply for the protection of the transportation related employees of any employer providing transportation services assisted by the project, County of Harnett (Legal Name of Applicant) and the transportation related employees of any other surface public transportation providers in the transportation service area of the project. The Public Body shall provide to the U. S. Department of Labor and maintain at all times during the Project an accurate, up-to-date listing of all existing transportation providers which are eligible Recipients of transportation assistance funded by the Project, in the transportation service area of the Project, and any labor organizations representing the employees of such providers. Certification by the Public Body to the U. S. Department of Labor that the designated Recipients have indicated in writing acceptance of the terms and conditions of the warranty arrangement will be sufficient to permit the flow of CTP funding in the absence of a finding of noncompliance by the Department of Labor. B. Standard Terms and Conditions (1) The Project shall be carried out in such a manner and upon such terms and conditions as will not adversely affect employees of the Recipient and of any other surface public transportation provider in the transportation service area of the Project. It shall be an obligation of the Recipient to assure that any and all transportation services assisted by the Project are contracted for and operated in such a manner that they do not impair the rights and interests of affected employees. The term "Project," as used herein, shall not be limited to the particular facility, service, or operation assisted by Federal funds, but shall include any changes, whether organizational, operational, technological, or otherwise, which are a result of the assistance provided. The phrase "as a result of the Project," shall, when used in this arrangement, include events related to the Project occurring in anticipation of, during, and subsequent to the Project and any program of efficiencies or economies related thereto; provided, however, that volume rises and falls of business, or changes in volume and character of employment brought about solely by causes other than the Project (including any economies or efficiencies unrelated to the Project) are not within the purview of this arrangement. NCDOT-PTD SFY 2016 111714 HC BOC Page 183 SFY 2016 Community Transportation Program (CTP) Grant Application-Special Section 5333 (b) Warranty An employee covered by this arrangement, who is not dismissed, displaced or otherwise worsened in his/her position with regard to employment as a result of the Project, but who is dismissed, displaced or otherwise worsened solely because of the total or partial termination of the Project or exhaustion of Project funding shall not be deemed eligible for a dismissal or displacement allowance within the meaning of paragraphs (6) and (7) ofthis arrangement. (2) Where employees of a Recipient are represented for collective bargaining purposes, all Project services provided by that Recipient shall be provided under and in accordance with any collective bargaining agreement applicable to such employees which is then in effect. This Arrangement does not create any collective bargaining relationship where one does not already exist or between any Recipient and the employees of another employer. Where the Recipient has no collective bargaining relationship with the Unions representing employees in the service area, the Recipient will not take any action which impairs or interferes with the rights, privileges, and benefits and/or the preservation or continuation of the collective bargaining rights of such employees. (3) All rights, privileges, and benefits (including pension rights and benefits) of employees covered by this arrangement (including employees having already retired) under existing collective bargaining agreements or otherwise, or under any revision or renewal thereof, shall be preserved and continued; provided, however, that such rights, privileges and benefits which are not foreclosed from further bargaining under applicable law or contract may be modified by collective bargaining and agreement by the Recipient and the Union involved to substitute other rights, privileges and benefits. Unless otherwise provided, nothing in this arrangement shall be deemed to restrict any rights the Recipient may otherwise have to direct the working forces and manage its business as it deemed best, in accordance with the applicable collective bargaining agreement. ( 4) The collective bargaining rights of employees covered by this arrangement, including the right to arbitrate labor disputes and to maintain union security and checkoff arrangements, as provided by applicable laws, policies and/or existing collective bargaining agreements, shall be preserved and continued. Provided, however, that this provision shall not be interpreted so as to require the Recipient to retain any such rights which exist by virtue of a collective bargaining agreement after such agreement is no longer in effect. The Recipient agrees that it will bargain collectively with the Union or otherwise arrange for the continuation of collective bargaining, and that it will enter into agreements with the Union or arrange for such agreements to be entered into, relative to all subjects which are or may be proper subjects of collective bargaining. If, at any time, applicable law or contracts permit or grant to employees covered by this arrangement the right to utilize any economic measures, nothing in this arrangement shall be deemed to foreclose the exercise of such right. (5)(a) The Recipient shall provide to all affected employees sixty (60) days' notice of intended actions which may result in displacements or dismissals or rearrangements of the working forces as a result of the Project. In the case of employees represented by a Union, such notice shall be provided by certified mail through their representatives. The notice shall contain a 2 NCDOT-PTD SFY 2016 111714 HC BOC Page 184 SFY 2016 Community Transportation Program (CTP) Grant Application-Special Section 5333 (b) Warranty full and adequate statement of the proposed changes, and an estimate of the number of employees affected by the intended changes, and the number and classifications of any jobs within the jurisdiction and control of the Recipient, including those in the employment of any entity bound by this arrangement pursuant to paragraph (21), available to be filled by such affected employees. (5)(b) The procedures of this subparagraph shall apply to cases where notices involve employees represented by a Union for collective bargaining purposes. At the request of either the Recipient or the representatives of such employees, negotiations for the purposes of reaching agreement with respect to the application of the terms and conditions of this arrangement shall commence immediately. These negotiations shall include determining the selection of forces from among the mass transportation employees who may be affected as a result of the Project, to establish which such employees shall be offered employment for which they are qualified or can be trained. If no agreement is reached within twenty (20) days from the commencement of negotiations, any party to the dispute may submit the matter to dispute settlement procedures in accordance with paragraph (15) of this arrangement. Unless the parties otherwise mutually agree in writing, no change in operations, services, facilities or equipment within the purview of this paragraph (5) shall occur until after either: 1) an agreement with respect to the application of the terms and conditions of this arrangement to the intended change(s) is reached; 2) the decision of the arbitrator has been rendered pursuant to this subparagraph (b); or 3) an arbitrator selected pursuant to Paragraph (15) of this arrangement determines that the intended change(s) may be instituted prior to the finalization of implementing arrangements. (5)(c) In the event of a dispute as to whether an intended change within the purview of this paragraph (5) may be instituted at the end of the 60-day notice period and before an implementing agreement is reached or a final arbitration decision is rendered pursuant to subparagraph (b), any involved party may immediately submit that issue to arbitration under paragraph (15) of this arrangement. In any such arbitration, the arbitrator shall rely upon the standards and criteria utilized by the Surface Transportation Board (and its predecessor agency, the Interstate Commerce Commission) to address the "preconsummation" issue in cases involving employee protections pursuant to 49 U.S.C. Section 11326 (or its predecessor, Section 5(2)(f) of the Interstate Commerce Act, as amended). If the Recipient demonstrates, as a threshold matter in any such arbitration, that the intended action is a trackage rights, lease proceeding or similar transaction, and not a merger, acquisition, consolidation, or other similar transaction, the burden shall then shift to the involved labor organization(s) to prove that under the standards and criteria referenced above, the intended action should not be permitted to be instituted prior to the effective date of a negotiated or arbitrated implementing agreement. If the Recipient fails to demonstrate that the intended action is a trackage rights, lease proceeding, or similar transaction, it shall be the burden of the Recipient to prove that under the standards and criteria referenced above, the intended action should be permitted to be instituted prior to the effective date of a negotiated or arbitrated implementing agreement. For purposes of any such arbitration, the time period within which the parties are to respond to the list of potential arbitrators submitted by the American Arbitration Association Service shall be five (5) days, the notice of hearing may be given orally or by facsimile, the hearing will be held promptly, the award of the arbitrator shall be rendered promptly and, unless 3 NCDOT-PTD SFY 2016 111714 HC BOC Page 185 SFY 2016 Community Transportation Program (CTP) Grant Application-Special Section 5333 (b) Warranty otherwise agreed to by the parties, no later than fourteen (14) days from the date of closing the hearings, with five (5) additional days for mailing if posthearing briefs are requested by either party. The intended change shall not be instituted during the pendency of any arbitration proceedings under this subparagraph (c). (5)(d) If an intended change within the purview of this paragraph (5) is instituted before an implementing agreement is reached or a final arbitration decision is rendered pursuant to subparagraph (b), all employees affected shall be kept financially whole, as if the noticed and implemented action has not taken place, from the time they are affected until the effective date of an implementing agreement or final arbitration decision. This protection shall be in addition to the protective period defined in paragraph (14) of this arrangement, which period shall begin on the effective date of the implementing agreement or final arbitration decision rendered pursuant to subparagraph (b). An employee selecting, bidding on, or hired to fill any position established as a result of a noticed and implemented action prior to the consummation of an implementing agreement or final arbitration decision shall accumulate no benefits under this arrangement as a result thereof during that period prior to the consummation of an implementing agreement or final arbitration decision pursuant to subparagraph (b). (6)(a) Whenever an employee, retained in service, recalled to service, or employed by the Recipient pursuant to paragraphs (5), (7)(e), or (18) hereof is placed in a worse position with respect to compensation as a result of the Project, the employee shall be considered a "displaced employee", and shall be paid a monthly "displacement allowance" to be determined in accordance with this paragraph. Said displacement allowance shall be paid each displaced employee during the protective period so long as the employee is unable, in the exercise of his/her seniority rights, to obtain a position producing compensation equal to or exceeding the compensation the employee received in the position from which the employee was displaced, adjusted to reflect subsequent general wage adjustments, including cost of living adjustments where provided for. (6)(b) The displacement allowance shall be a monthly allowance determined by computing the total compensation received by the employee, including vacation allowances and monthly compensation guarantees, and his/her total time paid for during the last twelve (12) months in which the employee performed compensated service more than fifty per centum of each such months, based upon the employee's normal work schedule, immediately preceding the date of his/her displacement as a result of the Project, and by dividing separately the total compensation and the total time paid for by twelve, thereby producing the average monthly compensation and the average monthly time paid for. Such allowance shall be adjusted to reflect subsequent general wage adjustments, including cost of living adjustments where provided for. If the displaced employee's compensation in his/her current position is less in any month during his/her protective period than the aforesaid average compensation (adjusted to reflect subsequent general wage adjustments, including cost of living adjustments where provided for), the employee shall be paid the difference, less compensation for any time lost on account of voluntary absences to the extent that the employee is not available for service equivalent to his/her average monthly time, but the employee shall be compensated in 4 NCDOT-PTD SFY 2016 111714 HC BOC Page 186 SFY 2016 Community Transportation Program (CTP) Grant Application -Special Section 5333 (b) Warranty addition thereto at the rate of the current position for any time worked in excess of the average monthly time paid for. If a displaced employee fails to exercise his/her seniority rights to secure another position to which the employee is entitled under the then existing collective bargaining agreement, and which carries a wage rate and compensation exceeding that of the position which the employee elects to retain, the employee shall thereafter be treated, for the purposes of this paragraph, as occupying the position the employee elects to decline. (6)(c) The displacement allowance shall cease prior to the expiration of the protective period in the event of the displaced employee's resignation, death, retirement, or dismissal for cause in accordance with any labor agreement applicable to his/her employment. (7)(a) Whenever any employee is laid off or otherwise deprived of employment as a result of the Project, in accordance with any collective bargaining agreement applicable to his/her employment, the employee shall be considered a "dismissed employee" and shall be paid a monthly dismissal allowance to be determined in accordance with this paragraph. Said dismissal allowance shall first be paid each dismissed employee on the thirtieth (30th) day following the day on which the employee is "dismissed" and shall continue during the protective period, as follow: Employee's length of Service prior to adverse effect Period of protection I day to 6 years equivalent period 6 years or more 6 years The monthly dismissal allowance shall be equivalent to one-twelfth (1/12th) of the total compensation received by the employee in the last twelve (12) months of his/her employment in which the employee performed compensation service more than fifty per centum of each such month based on the employee's normal work schedule to the date on which the employee was first deprived of employment as a result of the Project. Such allowance shall be adjusted to reflect subsequent general wage adjustments, including cost of living adjustments where provided for. (7)(b) An employee shall be regarded as deprived of employment and entitled to a dismissal allowance when the position the employee holds is abolished as a result of the Project, or when the position the employee holds is not abolished but the employee loses that position as a result of the exercise of seniority rights by an employee whose position is abolished as a result of the Project or as a result of the exercise of seniority rights by other employees brought about as a result of the Project, and the employee is unable to obtain another position, either by the exercise of the employee's seniority rights, or through the Recipient, in accordance with subparagraph (e). In the absence of proper notice followed by an agreement or decision pursuant to paragraph (5) hereof, no employee who has been deprived of employment as a result of the Project shall be required to exercise his/her seniority rights to secure another position in order to qualify for a dismissal allowance hereunder. 5 NCDOT-PTD SFY 2016 111714 HC BOC Page 187 SFY 2016 Community Transportation Program (CTP) Grant Application -Special Section 5333 (b) Warranty (7)(c) Each employee receiving a dismissal allowance shall keep the Recipient informed as to his/her current address and the current name and address of any other person by whom the employee may be regularly employed, or if the employee is self-employed. (7)(d) The dismissal allowance shall be paid to the regularly assigned incumbent of the position abolished. If the position of an employee is abolished when the employee is absent from service, the employee will be entitled to the dismissal allowance when the employee is available for service. The employee temporarily filling said position at the time it was abolished will be given a dismissal allowance on the basis of that position, until the regular employee is available for service, and thereafter shall revert to the employee's previous status and will be given the protections of the agreement in said position, if any are due him/her. (7)(e) An employee receiving a dismissal allowance shall be subject to call to return to service by the employee's former employer; notification shall be in accordance with the terms of the then-existing collective bargaining agreement ifthe employee is represented by a union. Prior to such call to return to work by his/her employer, the employee may be required by the Recipient to accept reasonably comparable employment for which the employee is physically and mentally qualified, or for which the employee can become qualified after a reasonable training or retraining period, provided it does not require a change in residence or infringe upon the employment rights of other employees under then-existing collective bargaining agreements. (7)(f) When an employee who is rece1vmg a dismissal allowance again commences employment in accordance with subparagraph (e) above, said allowance shall cease while the employee is so reemployed, and the period of time during which the employee is so reemployed shall be deducted from the total period for which the employee is entitled to receive a dismissal allowance. During the time of such reemployment, the employee shall be entitled to the protections of this arrangement to the extent they are applicable. (7)(g) The dismissal allowance of any employee who is otherwise employed shall be reduced to the extent that the employee's combined monthly earnings from such other employment or self-employment, any benefits received from any unemployment insurance law, and his/her dismissal allowance exceed the amount upon which the employee's dismissal allowance is based. Such employee, or his/her union representative, and the Recipient shall agree upon a procedure by which the Recipient shall be kept currently informed of the earnings of such employee in employment other than with the employee's former employer, including self- employment, and the benefits received. (7)(h) The dismissal allowance shall cease prior to the expiration of the protective period in the event of the failure of the employee without good cause to return to service in accordance with the applicable labor agreement, or to accept employment as provided under subparagraph (e) above, or in the event of the employee's resignation, death, retirement, or dismissal for cause in accordance with any labor agreement applicable to his/her employment. 6 NCDOT-PTD SFY 2016 111714 HC BOC Page 188 SFY 2016 Community Transportation Program (CTP) Grant Application-Special Section 5333 (b) Warranty (7)(i) A dismissed employee receiving a dismissal allowance shall actively seek and not refuse other reasonably comparable employment offered him/her for which the employee is physically and mentally qualified and does not require a change in the employee's place of residence. Failure of the dismissed employee to comply with this obligation shall be grounds for discontinuance of the employee's allowance; provided that said dismissal allowance shall not be discontinued until final determination is made either by agreement between the Recipient and the employee or his/her representative, or by final arbitration decision rendered in accordance with paragraph (15) of this arrangement that such employee did not comply with this obligation. (8) In determining length of service of a displaced or dismissed employee for purposes of this arrangement, such employee shall be given full service credits in accordance with the records and labor agreements applicable to him/her and the employee shall be given additional service credits for each month in which the employee receives a dismissal or displacement allowance as if the employee were continuing to perform services in his/her former position. (9) No employee shall be entitled to either a displacement or dismissal allowance under paragraphs (6) or (7) hereofbecause of the abolishment of a position to which, at some future time, the employee could have bid, been transferred, or promoted. (1 0) No employee receiving a dismissal or displacement allowance shall be deprived, during the employee's protected period, of any rights, privileges, or benefits attaching to his/her employment, including, without limitation, group life insurance, hospitalization and medical care, free transportation for the employee and the employee's family, sick leave, continued status and participation under any disability or retirement program, and such other employee benefits as Railroad Retirement, Social Security, Workmen's Compensation, and unemployment compensation, as well as any other benefits to which the employee may be entitled under the same conditions and so long as such benefits continue to be accorded to other employees of the bargaining unit, in active service or furloughed as the case may be. (ll)(a) Any employee covered by this arrangement who i.s retained in the service of his/her employer, or who is later restored to service after being entitled to receive a dismissal allowance, and who is required to change the point of his/her employment in order to retain or secure active employment with the Recipient in accordance with this arrangement, and who is required to move his/her place of residence, shall be reimbursed for all expenses of moving his/her household and other personal effects, for the traveling expenses for the employee and members of the employee's immediate family, including living expenses for the employee and the employee's immediate family, and for his/her own actual wage loss during the time necessary for such transfer and for a reasonable time thereafter, not to exceed five (5) working days. The exact extent of the responsibility of the Recipient under this paragraph, and the ways and means of transportation, shall be agreed upon in advance between the Recipient and the affected employee or the employee's representatives. (ll)(b) If any such employee is laid off within three (3) years after changing his/her point of employment in accordance with paragraph (a) hereof, and elects to move his/her place of residence back to the original point of employment, the Recipient shall assume the expenses, 7 NCDOT-PTD SFY 2016 111714 HC BOC Page 189 SFY 2016 Community Transportation Program (CTP) Grant Application-Special Section 5333 (b) Warranty losses and costs of moving to the same extent provided in subparagraph (a) of this paragraph (11) and paragraph (12)(a) hereof. (11)(c) No claim for reimbursement shall be paid under the provisions of this paragraph unless such claim is presented to the Recipient in writing within ninety (90) days after the date on which the expenses were incurred. (11 )(d) Except as otherwise provided in subparagraph (b), changes in place of residence, subsequent to the initial changes as a result of the Project, which are not a result ofthe Project but grow out of the normal exercise of seniority rights, shall not be considered within the purview of this paragraph. (12)(a) The following conditions shall apply to the extent they are applicable in each instance to any employee who is retained in the service of the employer (or who is later restored to service after being entitled to receive a dismissal allowance), who is required to change the point of his/her employment as a result of the Project, and is thereby required to move his/her place of residence. If the employee owns his/her own home in the locality from which the employee is required to move, the employee shall, at the employee's option, be reimbursed by the Recipient for any loss suffered in the sale of the employee's home for less than its fair market value, plus conventional fees and closing costs, such loss to be paid within thirty (30) days of settlement or closing on the sale of the home. In each case, the fair market value of the home in question shall be determined, as of a date sufficiently prior to the date of the Project, so as to be unaffected thereby. The Recipient shall, in each instance, be afforded an opportunity to purchase the home at such fair market value before it is sold by the employee to any other person and to reimburse the seller for his/her conventional fees and closing costs. If the employee is under a contract to purchase his/her home, the Recipient shall protect the employee against loss under such contract, and in addition, shall relieve the employee from any further obligation thereunder. If the employee holds an unexpired lease of a dwelling occupied as the employee's home, the Recipient shall protect the employee from all loss and cost in securing the cancellation of said lease. (12)(b) No claim for loss shall be paid under the provisions of this paragraph unless such claim is presented to the Recipient in writing within one year after the effective date of the change in residence. (12)(c) Should a controversy arise in respect to the value of the home, the loss sustained in its sale, the loss under a contract for purchase, loss and cost in securing termination of a lease, or any other question in connection with these matters, it shall be decided through a joint conference between the employee, or his/her union, and the Recipient. In the event they are unable to agree, the dispute or controversy may be referred by the Recipient or the union to a board of competent real estate appraisers selected in the following manner: one (1) to be 8 NCDOT-PTD SFY 2016 111714 HC BOC Page 190 SFY 2016 Community Transportation Program (CTP) Grant Application-Special Section 5333 (b) Warranty selected by the representatives of the employee, and one ( 1) by the Recipient, and these two, if unable to agree within thirty (30) days upon the valuation, shall endeavor by agreement with ten (1 0) days thereafter to select a third appraiser or to agree to a method by which a third appraiser shall be selected, and failing such agreement, either party may request the State and local Board of Real Estate Commissioners to designate within ten (1 0) days a third appraiser, whose designation will be binding upon the parties and whose jurisdiction shall be limited to determination of the issues raised in this paragraph only. A decision of a majority of the appraisers shall be required and said decision shall be final, binding, and conclusive. The compensation and expenses of the neutral appraiser including expenses ofthe appraisal board, shall be borne equally by the parties to the proceedings. All other expenses shall be paid by the party incurring them, including the compensation of the appraiser selected by such party. (12)( d) Except as otherwise provided in paragraph ( 11 )(b) hereof, changes in place of residence, subsequent to the initial changes as a result of the Project, which are not a result of the Project but grow out of the normal exercise of seniority rights, shall not be considered within the purview of this paragraph. (12)(e) "Change in residence" means transfer to a work location which is either (A) outside a radius of twenty (20) miles of the employee's former work location and farther from the employee's residence than was his/her former work location, or (B) is more than thirty (30) normal highway route miles from the employee's residence and also farther from his/her residence than was the employee's former work location. (13)(a) A dismissed employee entitled to protection under this arrangement may, at the employee's option within twenty-one (21) days of his/her dismissal, resign and (in lieu of all other benefits and protections provided in this arrangement) accept a lump sum payment computed in accordance with section (9) of the Washington Job Protection Agreement of May 1936: Length of Service 1 year and less than 2 years 2 years and less than 3 years 3 years and less than 5 years 5 years and less than 10 years 10 years and less than 15 years 15 years and over Separation Allowance 3 months' pay 6 months' pay 9 months' pay 12 months' pay 12 months' pay 12 months' pay In the case of an employee with less than one year's service, five days' pay, computed by multiplying by 5 the normal daily earnings (including regularly scheduled overtime, but excluding other overtime payments) received by the employee in the position last occupied, for each month in which the employee performed service, will be paid as the lump sum. Length of service shall be computed as provided in Section 7(b) of the Washington Job Protection Agreement, as follows: 9 NCDOT-PTD SFY 2016 111714 HC BOC Page 191 SFY 2016 Community Transportation Program (CTP) Grant Application-Special Section 5333 (b) Warranty For the purposes of this arrangement, the length of service of the employee shall be determined from the date the employee last acquired an employment status with the employing carrier and the employee shall be given credit for one month's service for each month in which the employee performed any service (in any capacity whatsoever) and twelve (12) such months shall be credited as one year's service. The employment status of an employee shall not be interrupted by furlough in instances where the employee has a right to and does return to service when called. In determining length of service of an employee acting as an officer or other official representative of an employee organization, the employee will be given credit for performing service while so engaged on leave of absence from the service of a carrier. (13)(b) One month's pay shall be computed by multiplying by 30 the normal daily earnings (including regularly scheduled overtime, but excluding other overtime payments) received by the employee in the position last occupied prior to time of the employee's dismissal as a result of the Project. (14) Whenever used herein, unless the context requires otherwise, the term "protective period" means that period of time during which a displaced or dismissed employee is to be provided protection hereunder and extends from the date on which an employee is displaced or dismissed to the expiration of six (6) years therefrom, provided, however, that the protective period for any particular employee during which the employee is entitled to receive the benefits of these provisions shall not continue for a longer period following the date the employee was displaced or dismissed than the employee's length of service, as shown by the records and labor agreements applicable to his/her employment prior to the date of the employee's displacement or dismissal. (15)(a) In the event that employee(s) are represented by a Union, any dispute, claim, or grievance arising from or relating to the interpretation, application or enforcement of the provisions of this arrangement, not otherwise governed by paragraph 12(c), the Labor- Management Relations Act, as amended, the Railway Labor Act, as amended, or by impasse resolution provisions in a collective bargaining or protective arrangement involving the Recipient and the Union, which cannot be settled by the parties thereto within thirty (30) days after the dispute or controversy arises, may be referred by any such party to any final and binding disputes settlement procedure acceptable to the parties. In the event they cannot agree upon such procedure, the dispute, claim, or grievance may be submitted at the written request of the Recipient or the Union to final and binding arbitration. Should the parties be unable to agree upon the selection of a neutral arbitrator within ten (1 0) days, any party may request the American Arbitration Association to furnish, from among arbitrators who are then available to serve, five (5) arbitrators from which a neutral arbitrator shall be selected. The parties shall, within five (5) days after the receipt of such list, determine by lot the order of elimination and thereafter each shall, in that order, alternately eliminate one name until only one name remains. The remaining person on the list shall be the neutral arbitrator. Unless otherwise provided, in the case of arbitration proceedings, under paragraph (5) of this arrangement, the arbitration shall commence within fifteen (15) days after selection or appointment of the neutral arbitrator, and the decision shall be rendered within forty-five (45) days after the hearing of the dispute has been concluded and the record closed. The decision shall be final 10 NCDOT-PTD SFY 2016 111714 HC BOC Page 192 SFY 2016 Community Transportation Program (CTP) Grant Application-Special Section 5333 (b) Warranty and binding. All the conditions of the arrangement shall continue to be effective during the arbitration proceedings. (15)(b) The compensation and expenses of the neutral arbitrator, and any other jointly incurred expenses, shall be borne equally by the Union(s) and Recipient, and all other expenses shall be paid by the party incurring them. (15)(c) In the event that employee(s) are not represented by a Union, any dispute, claim, or grievance arising from or relating to the interpretation, application or enforcement of the provisions of this arrangement which cannot be settled by the Recipient and the employee(s) within thirty (30) days after the dispute or controversy arises, may be referred by any such party to any final and binding dispute settlement procedure acceptable to the parties, or in the event the parties cannot agree upon such a procedure, the dispute or controversy may be referred to the Secretary of Labor for a final and binding determination. (15)( d) In the event of any dispute as to whether or not a particular employee was affected by the Project, it shall be the obligation of the employee or the representative of the employee to identify the Project and specify the pertinent facts of the Project relied upon. It shall then be the burden of the Recipient to prove that factors other than the Project affected the employee. The claiming employee shall prevail if it is established that the Project had an effect upon the employee even if other factors may also have affected the employee. (See Hodgson's Affidavit in Civil Action No. 825-71 ). (16) The Recipient will be financially responsible for the application of these conditions and will make the necessary arrangements so that any employee covered by this arrangement may file a written claim of its violation, through the Union, or directly if the employee is outside the bargaining unit, with the Recipient within sixty (60) days of the date the employee is terminated or laid off as a result of the Project, or within eighteen (18) months of the date the employee's position with respect to his/her employment is otherwise worsened as a result of the Project. In the latter case, if the events giving rise to the claim have occurred over an extended period, the 18-month limitation shall be measured from the last such event. No benefits shall be payable for any period prior to six (6) months from the date of the filing of any claim. Unless such claims are filed with the Recipient within said time limitations, the Recipient shall thereafter be relieved of all liabilities and obligations related to the claim. The Recipient will fully honor the claim, making appropriate payments, or will give notice to the claimant or his/her representative of the basis for denying or modifying such claim, giving reasons therefore. If the Recipient fails to honor such claim, the Union or non-bargaining unit employee may invoke the following procedures for further joint investigation of the claim by giving notice in writing. Within ten (1 0) days from the receipt of such notice, the parties shall exchange such factual material as may be requested of them relevant to the disposition of the claim and shall jointly take such steps as may be necessary or desirable to obtain from any third party such additional factual materials as may be relevant. In the event the Recipient rejects the claim, the claim may be processed to arbitration as hereinabove provided by paragraph ( 15). II NCDOT-PTD SFY 20I6 111714 HC BOC Page 193 SFY 2016 Community Transportation Program (CTP) Grant Application-Special Section 5333 (b) Warranty (17) Nothing in this arrangement shall be construed as depriving any employee of any rights or benefits which such employee may have under existing employment or collective bargaining agreements or otherwise; provided that there shall be no duplication of benefits to any employee, and, provided further, that any benefit under this arrangement shall be construed to include the conditions, responsibilities, and obligations accompanying such benefit. This arrangement shall not be deemed a waiver of any rights of any Union or of any represented employee derived from any other agreement or provision of federal, state or local law. ( 18) During the employee's protective period, a dismissed employee shall, if the employee so requests, in writing, be granted priority of employment or reemployment to fill any vacant position within the jurisdiction and control of the Recipient reasonably comparable to that which the employee held when dismissed, including those in the employment of any entity bound by this arrangement pursuant to paragraph (21) herein, for which the employee is, or by training or retraining can become, qualified; not, however, in contravention of collective bargaining agreements related thereto. In the event such employee requests such training or re-training to fill such vacant position, the Recipient shall provide for such training or re- training at no cost to the employee. The employee shall be paid the salary or hourly rate provided for in the applicable collective bargaining agreement or otherwise established in personnel policies or practices for such position, plus any displacement allowance to which the employee may be otherwise entitled. If such dismissed employee who has made such request fails, without good cause, within ten (I 0) days to accept an offer of a position comparable to that which the employee held when dismissed for which the employee is qualified, or for which the employee has satisfactorily completed such training, the employee shall, effective at the expiration of such ten-day period, forfeit all rights and benefits under this arrangement. As between employees who request employment pursuant to this paragraph, the following order where applicable shall prevail in hiring such employees: (a) Employees in the craft or class of the vacancy shall be given priority over employees without seniority in such craft or class; (b) As between employees having seniority in the craft or class of the vacancy, the senior employees, based upon their service in that craft or class, as shown on the appropriate seniority roster, shall prevail over junior employees; (c) As between employees not having seniority in the craft or class of the vacancy, the senior employees, based upon their service in the crafts or classes in which they do have seniority as shown on the appropriate seniority rosters, shall prevail over junior employees. (19) The Recipient will post, in a prominent and accessible place, a notice stating that the Recipient has received federal assistance under the Federal Transit statute and has agreed to comply with the provisions of 49 U.S.C., Section 5333(b). This notice shall also specify the terms and conditions set forth herein for the protection of employees. The Recipient shall maintain and keep on file all relevant books and records in sufficient detail as to provide the 12 NCDOT-PTD SFY 2016 111714 HC BOC Page 194 SFY 2016 Community Transportation Program (CTP) Grant Application -Special Section 5333 (b) Warranty basic information necessary to the proper application, administration, and enforcement of this arrangement and to the proper determination of any claims arising thereunder. (20) In the event the Project is approved for assistance under the statute, the foregoing terms and conditions shall be made part of the contract of assistance between the federal government and the applicant for federal funds and between the applicant and any recipient of federal funds; provided, however, that this arrangement shall not merge into the contract of assistance, but shall be independently binding and enforceable by and upon the parties thereto, and by any covered employee or his/her representative, in accordance with its terms, nor shall any other employee protective agreement merge into this arrangement, but each shall be independently binding and enforceable by and upon the parties thereto, in accordance with its terms. (21) This arrangement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered, or changed in any respect whatsoever by reason of the arrangements made by or for the Recipient to manage and operate the system. Any person, enterprise, body, or agency, whether publicly -or privately-owned, which shall undertake the management, provision and/or operation of the Project services or the Recipient's transit system, or any part or portion thereof, under contractual arrangements of any form with the Recipient, its successors or assigns, shall agree to be bound by the terms of this arrangement and accept the responsibility with the Recipient for full performance of these conditions. As a condition precedent to any such contractual arrangements, the Recipient shall require such person, enterprise, body or agency to so agree. (22) In the event of the acquisition, assisted with Federal funds, of any transportation system or services, or any part or portion thereof, the employees of the acquired entity shall be assured employment, in comparable positions, within the jurisdiction and control of the acquiring entity, including positions in the employment of any entity bound by this arrangement pursuant to paragraph (21 ). All persons employed under the provisions of this paragraph shall be appointed to such comparable positions without examination, other than that required by applicable federal, state or federal law or collective bargaining agreement, and shall be credited with their years of service for purposes of seniority, vacations, and pensions in accordance with the records of their former employer and/or any applicable collective bargaining agreements. (23) The employees covered by this arrangement shall continue to receive any applicable coverage under Social Security, Railroad Retirement, Workmen's Compensation, unemployment compensation, and the like. In no event shall these benefits be worsened as a result of the Project. (24) In the event any provision of this arrangement is held to be invalid, or otherwise unenforceable under the federal, state, or local law, in the context of a particular Project, the remaining provisions of this arrangement shall not be affected and the invalid or unenforceable provision shall be renegotiated by the Recipient and the interested Union 13 NCDOT-PTD SFY 2016 111714 HC BOC Page 195 SFY 2016 Community Transportation Program (CTP) Grant Application-Special Section 5333 (b) Warranty representatives, if any, of the employees involved for purpose of adequate replacement under Section 5333(b). If such negotiation shall not result in mutually satisfactory agreement any party may invoke the jurisdiction of the Secretary of Labor to determine substitute fair and equitable employee protective arrangements for application only to the particular Project, which shall be incorporated in this arrangement only as applied to that Project, and any other appropriate action, remedy, or relief. (25) If any employer of the employees covered by this arrangement shall have rearranged or adjusted its forces in anticipation of the Project, with the effect of depriving an employee of benefits to which the employee should be entitled under this arrangement, the provisions of this arrangement shall apply to such employee as of the date when the employee was so affected. C. Acceptance of Special Section 5333(b) Warranty I, (Name and Title) ---=---:-=-:---------------------- (Name and Title) do hereby certify that County of Harnett (Legal Name of Applicant/Recipient) has agreed to the terms and conditions ofthis Warranty; will accept this agreement as part of the contract of assistance with the North Carolina Department ofTransportation; and will post, in a prominent and accessible place, the terms and conditions of the Warranty with a notice stating that the Recipient has received federal assistance under the Federal Transit statute and has agreed to comply with these terms. Signature of Authorized Official 14 Date NCDOT-PTD SFY 2016 111714 HC BOC Page 196 FY16 Community Transportation Admin. Project Nu rnber : 16-CT -040 BUDGET SUMMARY September 2014 -June 2016 ' ----------------~ Legal Name: Address: County: Contact Person: Telephone: Fax: Email: Web Site: Federal ID Number: CFDA# COUNTY OF HARNETT PO Box 760 LILLINGTON, NC 27546 HARNETT COUNTY Pamela Amerson +1 (910) 814-4019-6164 +1 (910)814-4020 pamerson@harnett.org www .harnett.org 56-6000306 !.Period of Performance: Jul 1, 2015~~·~ ..... , ........... t.o ..•.. ,.."•·J····u ... n. ___ 30, 2016 !1. Total : -. . . ·P;rtiti~ati~~ .ts:mo~n!i} · Total Expenses Total Contra Accts and Fare Revenue II. P;bpOSedPrdjett F~nd in~t Total Federal Congressional District: 2 DUNS Number: 09156586 NCDOT 1oo.oo% 8o.oo% , 1 5.oo% 15.oo% Total Funding -l $231,627 $185,301. ---------$o' -----$11,581 $34,745: r"~ -~-. ~--~-·~--::~ '· · · ,·: ·· ···. ·. ·· ··. < •·.··. ·.>·:.·····.·.· ·.<· .. "· /<· ... ·.·.., ·• ... ··.:. · ... ,··.·:.~·· .. · .···.· "· .. :.· ·:······'·\·"····~···','··· ···:c ':>·.·<.··'F·-"~·S>··~~··z-~·'';·····".J :IV. Proposed DBE, MBE, WBE Goals {EAterDBE Goal ifFederal F~:mding applies, otherwise enterMBE:twBEGCiials) ' ; i DBE MBE WBE % Amount $0 $0 Version 1.0 Page 1 of 7 111714 HC BOC Page 197 ---------------------------------------------------------- FY16 Community Transportation Admin. Project Number: 16-CT-040 Applicant: Object Code COUNTY OF HARNETT Position Title No. PROPOSED BUDGET SALARY AND WAGE DETAIL . Pet. (%) · N 0 0. Total Annual Salary T per I of Budgeted Amount ransp. y : Tasks ears I p Ns~t·_of NCDOT Maximum 0 I IOns p rt. . . Approved; a 1C1pat1on ! ~UUTIMEEM~~~E~i~-~~-~~~r~~~·~~~~~--+~~-~~7~~-:~~~~~~~~r~~~~~~~~~~K G121 G121 Transit Services _Manager Transit Services Assistant 1: $45,025 1, $29,514' 100% 1 1! I 100% 1 $29,514 1 I $29,514i 1; $34,062] 100% $34,062 1! $34,062; G 121 ,Admin. Support . _Sj>~_cialj~t--~-----~-----+---------r---+--~--------t----+----------, G121 G121 G121 I ~-----------~---+-------4---~-+------~-------~-------~ G121 I ~-----------+----~-----------+----~---4-----------+-----~· . G-121 i ___ ---+-----+-------------+-----+---!-------~---TOTAL G121 SALARIES_._l~..,_.~3..l.,..1 ~~"7·---.c-············· ... L ... !PART-TIME EMPLOYEES -RECEJVU'IJGBE~EfiTS ... . G125 i ! '" -------" G125 : ~---------4-----~-----------~---T--~----------r----+-------~ ' G125 I ~---------+-----~----------~---+--~--------r----+-----~ G125' ----------+----+--------~---+-~------- G125 i ~----------~----~r----------4----r---r---------~----~--------~ -G12s ' ------- TOTAL G125 SALARIES ___ . ._ _______ , _________ -+------t----------t------1--+---------lf----+---------J G126, . -(31261 _________ -+---+------------t-----+----+-----------:r----+------------J --· ---~--------+------t-------+-----+--~--------+----+ ----------1 G126~·------------~------+-----------+----~----r-----------+------~--------~ G126 ' -~·----------~------t-------~---~----l----------+---+--------4 G126 ' TOTAL G126 SALARIES TOTAL SALARY & WAGE $10B,6o1'i ____ 3_._i ---$1oa~o-1 Version 1.0 Page 2 of 7 111714 HC BOC Page 198 ~----------------------------· Applicant: Object Code COUNTY OF HARNETT G120 Salaries and Wages FY16 Community Transportation Admin. PROPOSED BUDGET EXPENSES Project Number : 16-CT-040 -----~~~;~~-e-s------------------~----~~~~ $100,601i ---4----·-----~·----- Overtime ,____ --~-------· -----· ---------------------+--------+------ 8125 ' Part-time (receives benefits) Subtotal Salaries: ; Fringe Benefits -----1 s~ci~T;~~urity contribution (7.6S 0io"-ott~tal salaries) ~----$5B-7 .0~ X I -12l X ! 3j -_ _j - G184 Disability insurance; cost per month X no. of months X no. of employees. I $8,192: I I 1 $21 '135: I I . i , __ ___________ ___ X j X l ______ _j ~-~ __ _ L--<?_18_5_I~un~m~~oy~~~~co_-m_-p_e~~-at_io;.;-; Nu~_be_r~f~~o~~~: _______ 3l__ ____ ~3~100I ____ $1,~o6l 1 G186 ! Workers compensation; Number of Employees: 3i $6,1001 $6,100! l-G1~9 1-other: -----------I l l------l_S_u-bt~t~-~-Frl~-ge-: -$44,8611 $44 861 1 ' I ------------·-------· TOTA -----:~ $1s3,ao3l L SALARY & FRINGE: $153,803) -----·---- ional Services - ing ---·----- ment Consultant ------------------··-- lcohol Testing Contract G190;=r_!~~~ G191 Account ---- G192 · Legal ___ <3195-tM~n~~~- 8196 1 Drug & A ----------1 lcohol tests --+------ 8197 I Drug & A ----·------------------------ ---.. -·---r~-p~~~i-.d;#of employee~n_test pool: 29 -------------+---- 8198 Medical review officer -t--- ---G 199 ~ ·ath~r: : G200 _____ : Su-pplies-;;ndM~teri~ls I I ... -~ $1 ,000! $1,000: -------l ---------~------------------------------------------,--------,------- G~1_2j_J_a_nit_o~al Supplies-(Housekeepin __ g_) ______________ -+-----------_ -~--____ J G2~niforms $8,000/ $8,000! · --G233 1 Fir~-t Aid-su ppl ie~(repl~~e-;,-e~t) ---------~------·-----------------+---------!------- G251_l Motor Fuels and Lubricants ---Gi52 in~; -;~d-T~be;-------------------------~-------+-------- --G253-t -Ass~~I-~t~d Cap it~ I M~l~t --------------------~-------~--------~ Version 1.0 Page 3 of 7 111714 HC BOC Page 199 G254 Licenses, tags and fees ' -~----------... -----------------------------------+--------t--------~ G255 Vehicle cleaning supplies ------------------------------------l---------+-------i G256 Hand tools G257 Vehicle signs & Paint Supplies ----------------------------------:--------------+-------------'---------' G258 Vehicle touch up paint (non-contract) ~-G259-0ther: ------------------+---------'-1 --------1 ------------------------------------+---- G261 $1 ,576: $1,576 -----------------------+------_ ___;_ ___ ___:__:__________, Office Supplies and Materials Air Conditioner I Furnace Filters 1 l ----~-------------------------------------+-------- r---------- G281 G291 Computer Supplies $3oo; $300! L....-....--~--------------------------------------------'------------------ G292 ! Fire Extinguisher-recharging system ------------------------------------____________ ___,_ _______ ____j__ _____ ----i __ _; !~a~~-~-~n~ Tran~~~~ation (other than employee_d_e_v_el_o_P __ m_e_n_t_) --~,.---------------r--------1 G311 Travel: Anticipated trips: NCPT A & NCDOT Conferences $1 ,5ooi $1 ,5oo: i --< $1 ,000> r-G312 Trav~l-~ubsis~nc~----------------------+----- h~-3_1-3J~r_r;_ns!:_ort_~tio~_;-_f-_~l;;n"t_~/_ot_he_r~ __ ______ __ _ __ --~..-\ _______ +----------------1 1. G .. 31~ ~-.Tra-vel-Motor-p. ool or leased vehicles (Does NOT include vehicles used in \ $1 ,OOOj -----l-- I I I l __ t~~-provisi~~ o_fcontracted transportation services_. ) ________ __L ________ _L_ _____ ----i I I i G320 Communications t~~3~1 L!.~~e_p_h_?n~~~~~c_-e _______ --------------------.--------- 1 G322 : Internet Service Fee $1 ,500! l-G323-)c;~bined-~~~~ F~ __ e __ --------------------l------- r---G32S fPostage r-----------1-------------·-------------------------t----- ~j~~~B~:;.~ommuni~ation_s: __ ~--- ctricity lG3~~ F~~ IG333 Na I oil ----- tural Gas ter ~ G334 ~----- L-~335_ Sew er --- ' G336 Tra sh collection ------------ G337 Sin gle/combined utility bill , _____ _ G339 Oth er: ----------------- $1501 $4,0001 ---- $2,000 $6501 $5251 $3001 -$1~5ooi -$1501 l $4,ooo1 __ j $2,0001 $6501 $525[ $300\ ,_G34o ~-Printing and Binding :---~~~~ Pri~ngand~~duction __________________ ~ ______ $6_0_04! _____ $6ocil , __ G_3~9 I Other: --~ ---------------1-----------------------------------'---------__J__ ______ ~ G350 i Repairs and Maintenance '----c;3531 V~hicl~(u"~~2s-7/25a f;-r v~h;;l€;~igns &-~;,-h;us~p~l~t--~upplies)- 1 ----4--------+----------------1 -G354 I Shop equipment '---G-355\ Office a-~dco~pu~~~q~jp-~~~t I _____ ___j __________ ----------------------+-----------------< G357 1 Communications equipment $1 ,ooo! $1 ,oooi ---G35al Othe~ Repairs ~~dMal~t~na~~~-=-offi~~R~I~-t~d--~------r ---c;-359!-oth;r~-De~c~fb~~~~~cleR~p~ir;----------$4,1oo: $4,1oo! G370 I Advertising/Promotion --------------------------------------------------------------- Version 1.0 Page 4 of 7 111714 HC BOC Page 200 r--------~~~ ~-~~--------~-------------:--------------,-------,--------- G371 Marketing (paid ads, marketing firm, etc.) Describe: WCKB Radio Station Minimum Amount (2% of Admin Budget): $4,225 G372 Promotional items Describe: Maximum Amount (25% of G371 Total Cost): $750 $3,000 $3,000 $1,096 1 $1,096~ ----------+--------~------- G373 Other: L-----------~~ ----~----·------------------------L-------1__ _____ -----j , G380 Computer Support Services (contracted} ~ ___ " ___ ,_-~--------------------~----------------,----------r------~ G381 Computer programming services -... ~--------------------~ G382 ' Computer support/technical assistance ' -----~-'-·-~-----~---------______________ ,__ ______ __L_ ______ --J 1 G390 1 Other Services I ~ ---------'---~------------------------------,-------~----1 : G391 I Legal advertising $600 $600: ~~~ --~-+------------------ r,' _ G392 I La~_n_~ry-~~~ dry_cl.:_c:_~ing I ---~ G393 Temporary helps ---1---~--~----· -~-- G394 I Cleaning services 1-----. ---__, ------------- ~ G3~5 1 !!aining -Employ 1 G396f Management serv [ __ G3?§-+ -Security services G399 Other: ------------- : G410 Rental of Real Property (mclude copy of current lease agreement) ~~ --------------~ .. -------------~-----------------1 I G412 Rent of building X number of monthly payments ~ ------.. ~-L --~---=-r----------'----------L..-------1 1 Rent of offices X number of monthly payments L --~-~---~----l_x___,__[ ____ _.L_ ________ +------+-------1 ervices -L ) ---- $300\ $300! ------------------------· $1:2501 -·------1 ee Education Expense $1,2501 ------------~----------------------j- ices (contracted transit system mgmt!admin services) i 1 - I I -~--------------------~ ~-----~-----I tG4~419 L~aseofComputerEQ~pm_e_n_t ________________ ,-_______ _, ______ ~ G421 Lease of Computer Hardware -------------------------------~------------+-----------~ Lease of Computer Software ------------~------------------------------_L--------_j_-----------1 Lease of Equipment ------------~ --- of Reproduction equipment $2761 $276 --I of Postage Meter '-G432-I Lease ---------, of Communications equipment (includes radio, cable lines and $8,400! $8,400) nae) ______ -.....~. l ---__ -j __ _ G433l Lease an ten ------ ----------------- ce and Maintenance Contracts --- ! unications equipment ---·--- equipment I ·--·-- duction equipment I I i les I ~---------··- ___ G439 I ?th~ G440 Servi '~ ------+ ----,~--~::;--i-%~: -~-----~-- G443 ! Repro -~---i ---- G444 1 Vehic ----·------+ --- uter equipment i i I ---· -------------------·------------------I Service and Maintenance Contracts -Office Related I G445 I Camp --------~ -- G446 i Tires --<34481 Othe; -~---------I I I ----+----- G449 ! Other. ----~ -----~------------ __ G4_5o__ i Insurance and Bondi __ n_g _________________________________ _ Version 1.0 Page 5 of 7 111714 HC BOC Page 201 G451 Property and general liability (does not include vehicle insurance) '--~---~------~---------~-----------------------!--------~--------- G452 Vehicles $16,303; $16,303 Number of Fleet Vehicle: 27 Maximum Amount: $67,5oo! >-----~ ---~-~-~----------------------,--------.L_----~-------i G453 Fidelity I -~ --~~--"~-------------------_;__---------!-------- G454 Professionalliabilities G455 Specialliabilities ' --------~ ____________________ _j__ ______ _j__ _____ _ ' G480 Indirect Costs ----------- '----<3481-~-Central servic;s~ (b~d-get dire~t cost bas~) X (percentaQ;~~te) :-------$143,25s:xr--12-:-25%!M~~~u~-Am~u-~t $17,548.74: $17,573 $17,573; Prior approval of Indirect Cost Percentage Rate required. Questions should be directed to NCDOT Financial Management G490 ' Other Fixed Charges G491 G499 Dues and subscriptions: Other: G611 G612 G621 G641 Private I Public Operator Contracts -Purchase Services Direct purchase of service from privately owned provider User side subsidy Volunteer reimbursement Direct purchase of service from publicly owned provider Total Expenses: G821 G822 G832 G833 Contra Account General Fund Capital Reserve Fund N.C. Sales Taxes N.C. Gas Tax Refund G834 County Sales Taxes G836 Fed Gas Tax Refund G839 G841 G842 Other Taxes Charter Expenses - Garage Services G843 Advertising Expenses G844 Insurance Settlement G84 7 Inc Elderly/Disable G849 Other Contra Accts G991 Contingency/Prog Res TOTAL CONTRA ACCOUNTS: F500 Fare Revenue F511 General Public Fares F521 Prepaid Fares/Bulk Discounts F522 Senior Citizen Fares F523 Student Fares F524 Child Fares F525 Paratransit Fares Version 1.0 OPERATING REVENUES Page 6 of 7 J $825 $825: j I -----+ ------j 1-l I I $231 ,627! $231 ,627i -l-- I 111714 HC BOC Page 202 ----" F533 Special Route Guarantees ~--------------·----------------------+----------1----~· F529 Other Special Fares: e--------· --------------·----- TOTAL FARE REVENUES: ~-------·---------------------------f---------"------~ TOTAL CONTRA ACCOUNTS AND FARE REVENUES: ------------------------------------~------------+---------+----------< Version 1.0 TOTAL EXPENSES LESS TOTAL CONTRA ACCOUNTS AND FARE REVENUES= TOTAL NET OPERATING EXPENSES {TNOE): Page 7 of 7 I $231,627 $231,627' 111714 HC BOC Page 203 Delegation of Authority Date: ______________ _ I (Authorized Official's Typed/Printed Name) (Authonzed Official's T1t1e and Agency) ~ilied~ign~edpartyfur.~----------~~~~~~~~--~--------- (Grant rec1pienUApplicant Agency) v.rith authority to submit funding applications and enter into contracts with the North Carolina Department oJ Transportation and execute all agreements and contracts with the NCDOT Public Transportation Division, hereby delegate authority to the individual(s) filling the positions as indicated below: Primary Designee: Darvin Springfield (Primary Des<gnee's Pos<tion Title) Harnett Area Rural Transit System (HARTS) (Pnmary Des1gnee's Agency) Reimbursement Requests: 0 Yes 0 No Budget Revisions: 0 Yes 0 No Budget Amendments: 0 Yes 0 No Period of Performance Extensions: 0 Yes 0 No Alternate Designee: Pam Amerson (Alternate Designee's Position Title) Harnett Area Rural Transit System (HARTS) (Alternate Designee's Agency) Reimbursement Requests: 0 Yes 0 No Budget Revisions: 0 Yes 0 No Budget Amendments: 0 Yes 0 No Period of Performance Extensions: 0 Yes 0 No Authorized Official's Signature: Authorized Official's Typed/Printed Name:------------------------ Please scan and email to: ctptransportation@ncdot.gov FMS001 -January 1999 111714 HC BOC Page 204 Delegation of Authority Date: ______________ _ I (Authorized Official's Typed/Printed Name) (Authorized Official's Title and Agency) as the designated party for --------------------------~(G~ra~n~tr~ec~ip~ien~~~p~pl~ica~n~tA~ge~nc=y~)-------------------------- with authority to submit funding applications and enter into contracts with the North Carolina Department oJ Transportation and execute all agreements and contracts with the NCDOT Public Transportation Division, hereby delegate authority to the individual(s) filling the positions as indicated below: Primary Designee: Barry A. Blevins (Pnmary Designee's PositiOn Title} General Services Director (Primary Designee's Agency) Reimbursement Requests: 0 Yes D No Budget Revisions: 0 Yes D No Budget Amendments: 0 Yes D No Period of Performance Extensions: 0 Yes D No Alternate Designee: Anna Peele (Alternate Des1gnee's Position Title} General Services Administrative Assistant (Alternate Designee's Agency) Reimbursement Requests: 0 Yes D No Budget Revisions: 0 Yes D No Budget Amendments: 0 Yes D No Period ofPerformance Extensions: 0 Yes D No Authorized Official 1s Signature: Authorized Official's Typed/Printed Name:------------------------ Please scan and email to: ctptransportation@ncdot.gov FMS001 -January 1999 111714 HC BOC Page 205 ~.C. Department of Transportation-Division of Public Transportation Division Local Funding Commitment Form APPLICANT NAME: County of Harnett DESCRIPTION OF PROJECT AND YEAR OF PROPOSED FUNDING: FY16 CTP COMMITMENT OF LOCAL FUNDS AND APPLICANT INFORMATION: Total State Match $ _ 2::.:2::,;8~8~1'-------------FederalMatch: $ 275,701 Local Matching Funds Required $""--4-'-6::..>.:::..04..:.:5=--------representing a 13.4% local share of the project. 1. Applicant Information Official Name of Applicant: County of Harnett Name of Official Responsible for Project: _Barry A. Blevins. ____________________ _ Title of Official Responsible for Project: _General Services Director _________________ _ Official Address: _200 Alexander Drive, Lillington, NC 27546 Mailing: PO Box 940 Lillington, NC 27546 Official Telephone Number: _910-893-7536 ________ FAX: 910-8148263 _______ _ 2. Commitment of Local Funds I hereby confirm that County of Harnett (Name of Applicant) is committed to the local matching share of$_ 46,045 required for this project as funds are available during the requested project year. I further confirm the applicant is duly authorized to commit and enter into an Agreement with the North Carolina Department of Transportation during the appropriate Fiscal Year. Signature of Authorized Official:------------------------------ Title: ---------------------------------------- Date: ______________________________________________ _ Last Revised August 28, 2014 111714 HC BOC Page 206 Board Meeting Agenda Item Agenda lt:em J I MEETING DATE: November 17,2014 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Public Hearing-Proposed Text Amendment-Commerical Firing Ranges REQUESTED BY: Mark Locklear, Planning Services Director REQUEST: Proposed Text Amendment Harnett County Unified Development Ordinance Revision to Article V (Use Regulations) Section 7.5.6 (Firing Ranges) The proposed text amendment has been developed to address the use of commercially operated firing ranges and the effects of such ranges upon adjacent and surrounding communities. This amendment is to allow for safe operation of such ranges and help protect the adjacent properties and the health, safety and welfare for Harnett County Citizens. On October 6, 2014, the Harnett County Planning Board tabled the text amendment for further information, from staff, on insurance liability and professional cost related to engineers, enviommental, range design etc. On November 3, 2014, after discussion of the above referenced issues, the Harnett County Planning Board voted unanimously to recommend approval of the text amendment application. COUNTY MANAGER'S RECOMMENDATION: C:\Users\gwheeler\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\Z5TP9EAN\Commercial Firing Range_agendaform2014 CC.doc Page I of 1 111714 HC BOC Page 207 Harnett TEXT AMENDMENT REQUEST FORM (Internal) COUNTY NORl H CAROLINA Planning Department 108 E. Front Street P.O. Box 65 1 Lillington 1 NC 27546 Phone: (910) 893-7525 Fax: (910) 893-2'793 Planning Board: October 6, & County Commissioners: January 19, 2014 November 3 1 2014 Applicant Information Applicant: Name: Harnett County Planning Services Address: PO Box 65 City/State/Zip: Lillington/ NC 27546 E-mail: rbaker@harnett.org Phone: 910-814-6417 Fax: 910-893-2793 Type of Change D New Addition ~ Revision Ordinance: UDO ----------------------- Current Text: See Attachment 1 Article: V --------Section: 7 .5.6 --"--~..;__ __ Article V. Use Regulations, Section 7.5.6 Firing Range (Indoor & Outdoor) Proposed Text: See Attachment 2 Proposed Article V. Section 7.5.6 Firing Range Reason for Requested Change: The proposed amendment has been developed to address the use of commercially operated firing ranges and the effects of such uses upon adjacent and surrounding properties and communities. This amendment is solely intended to be applied to commercial operating ranges only. The private use of firing ranges located on residential properties is not affected by these regulations. The proposed amendment is intended to allow for the safe operation of a firing range facility and related activities: while protecting adjacent properties and the health, safety and welfare for Harnett County citizens. Page 1 of2 111714 HC BOC Page 208 Planning Board Results: On October 6, the Harnett County Planning Board voted table this Amendment (see attached memo for further info). Then, on November 3/ as a result of further discussion as well as changes to the concerning insurance liability/ the Planning Board voted unanimously to recommend approval of this Text Amendment application. Below are the member comments ... Curtis Bullion • Liked the Amendment as written and knew the Board of Adjustment would ensure a detailed evaluation during the Conditional Use Permit process. Everett Blake • Liked the removal of the insurance liability policies. • Liked the clarity of the regulations, which could, potentially lead to a shooting range and a residential area coexisting. Jay Smith • Wanted to ensure that a P.E. was not absolutely needed if an individual had sufficient, relative experience in designing a range, or environmental studies, etc. However, wanted to ensure consistency with all regulations. • Wanted to make sure other businesses/ industries were required to comply with the Noise Ordinance regulations upon design/ permitting stages. Carnell Robinson • Liked the requirement of a certified design professional would be involved, thus hopefully reducing possible liability issues with the County. • Expressed concerns of safety & design capabilities from a military experienced person vs a P.E.; typical military examples are only concerned with their immediate mission/ task as opposed to taking into account surrounding residential issues & concerns. Cris Nystrom • Asked if the County incurred any external costs (ie ... consulting fee's) during this amendment process. • In reference to section B #9; expressed concerns with the EPA being listed as a reference because he felt they are sometimes too strict and overpowering with their regulations. Rick Foster & Tom Kidd, two members of the review committee, also spoke in support of this Amendment. Suggested Statement-of-Consistency: (Staff concludes that...) The requested Text Amendment is compatible with Harnett County regulatory documents and would promote public health/ safety1 and general welfare of the County, as well as maintain orderly and compatible land use and development patterns and encourage environmentally responsible development practices, as described within the facility design and environmental management sections of this document. Therefore/ it is recommended that this Text Amendment request be APPROVED. Included: • current UDO text • proposed UDO text • Amendment Development & Review Summary memo • Planning Board concerns & staff response memo Page 2 of2 111714 HC BOC Page 209 Attachment 1 Current Language Article V. Use Regulations, Section 7.5.6 Firing Range (Indoor & Outdoor) 7.5.6 Firing Range (Indoor & Outdoor) A. Governmental training facilities, public and private high schools, colleges or universities shall not be required to adhere to the following regulations when firing ranges are utilized under the supervision of an instructor as a training or practice facility. In all other situations, all firing ranges shall be required to obtain a conditional use permit whether the range is considered to be the primary or ancillary use of the property, unless otherwise specified within this Ordinance. 1. In addition to notification of conditional use permit requests for the purpose of outdoor firing ranges made by the County, the applicant(s) shall make notification to all property owners within one (1) mile of the proposed facility. Such notification shall include the same information in the notification provided by the County. Proof of such notification shall be provided by the applicant(s), either by certified mail receipt, sworn statement, or evidence of publication of a one-half(~) page ad in a newspaper of local distribution. B. The following information shall be contained on the required conditional use permit application and site plan: 1. Information regarding the caliber of weapon(s) to be used at the facility, including details regarding the highest caliber weapon(s) to be used; 2. Information regarding how the facility will be designed to facilitate use of the highest caliber weapon(s) proposed, including details regarding how the public will be protected from projectiles for such weapon(s), in accordance with The NRA Range Source Book; 3. Information regarding how the facility will provide containment of projectiles entirely within the bounds of such facility, in accordance with The NRA Range Source Book; and 4. A firing range safety plan, including, at a minimum, the following information, written in accordance with The NRA Range Source Book to be used during the planning, construction, and operation of the facility. a. Gun, or other weapon(s), handling rules; b. General firing range rules and regulations; c. Specific firing range rules and regulations: d. Administrative rules and regulations; and e. Guarantees of notification. 5. Proposed hours and days of operation, which may be amended by the Board of Adjustment. C. The noise emitted from such facility shall be in compliance with the applicable regulations of the Harnett County Sheriff's Department. D. Indoor facilities shall, to the maximum extent feasible, be designed to meet the standards for indoor firing ranges in accordance with The NRA Range Source Book. Live fire shoot houses shall be designed to meet the same standards. 111714 HC BOC Page 210 E. Outdoor facilities shall meet the following standards: 1. Adequate, handicap accessible restroom and parking facilities shall be provided to the rear of the firing line. 2. Range boundary shalf be a minimum of 200 feet from any public right(s)-of-way or dedicated access easement. 3. The target line shall be a minimum of 1,500 feet from any residential structure when the structure is located to the rear of the target line backstop. All other residential structures shall be located a minimum of 500 feet from the target line. 4. The direction of fire shall be parallel to or perpendicular to and away from the public right(s)-of-way or dedicated access easement. 5. Range shall be enclosed on two (2) sides by an earthen berm, stabilized using standard practices. Said berm shall be a minimum of 10 feet in height at a thickness that will not allow penetration of any projectiles fired on the range. 6. Range target line shall be constructed to withstand the highest caliber weapons that will be shot on site, in accordance with The NRA Range Source Book. 7. Required firing line shall be constructed to include baffles meeting the requirements of The NRA Range Source Book. 8. Warning signs shall be posted along range boundaries, spaced not more than 100 feet apart. Signage shall announce the potential dangers and the presence of an active firing range utilizing highly visible colors. 9. A range safety officer shall be present at all times during the use of live weapons. 10. Vehicle and pedestrian travel shall not be permitted within the 300 feet restricted area while the range is active. ...e---Firing Line Target Line __ ....,.. Direction of Fire -------111'- t 200ft. Public Right-of-Way I Access 111714 HC BOC Page 211 Attachment 2 Proposed Language Article V. Use Regulations, Section 7.5.6 Firing Range (Indoor & Outdoor) 7.5.6 Firing Range (Indoor & Outdoor) All land use defined as a Firing Range in Article XIV, Section 2.0 of this Ordinance shall adhere to the requirements and regulations set forth in this section and any other applicable section of the Harnett County Unified Development Ordinance. These requirements and regulations are not mandated for the occasional target practice by an individual on property owned or leased by the individual or the individual's immediate family, nor is it mandated for private ranges utilized by public or private high schools, colleges or universities and government owned and operated training or practice facilities. A. Conditional Use I Compliance Requirements 1. In no case shall a firing range, whether a primary or ancillary use, be exempted from obtaining the required conditional use permit. 2. When a firing range facility or use is changed, modified or expanded to include additional or new types of ranges, operations or activities not permitted or included in the most current conditional use approval or legal pre-existing status. The submittal of a site plan indicating the addition, modification or change in operation of the firing range facility is required to be reviewed and receive Board of Adjustment approval prior to commencement of the change, modification or expansion. 3. Facilities currently operating under the Sport Shooting Range Protection Act of 1997 shall comply with the current regulations and requirements of this Ordinance when the facility undergoes a change of use. 4. In addition to the County's typical notification process of conditional use permits for outdoor firing ranges, the applicant(s) shall make notification to all property owners within one ( 1) mile of the proposed facility. Such notification shall include the same information in the notification provided by the County. Proof of such notification shall be provided by the applicant( s ), either by certified mail receipt, sworn statement, or evidence of publication of a one-half (1/2) page ad in a newspaper of local distribution. Request for conditional use approval of an indoor firing range shall follow the standard notification process conducted by the Harnett County Planning Department. B. Conditional Use Permit I Site Plan Requirements A completed conditional use application accompanied by a detailed site development plan must be submitted to the Harnett County Planning Department a minimum of thirty (30) days prior to the scheduled hearing date. All site plans are required to be submitted and sealed by a certified engineer with range design experience or an accredited individual certified in range design. A verifiable history of engineering or range design experience and performance in this area must be supplied and accompany the site plan 1 111714 HC BOC Page 212 at time of submittal. Applications may be subject to a third party review process and review fee as referenced in the Harnett County Fee Schedule. In order for the application and site plan to be considered complete, the site plan shall include all components necessary to comply with the Range Development Standards for firing ranges as well as following information: 1. Information regarding the type, action and the highest caliber of firearms, explosive ordinance and/or device proposed to be utilized at the facility. 2. Details regarding how the facility will be designed to facilitate the use of the highest caliber firearm proposed, including details regarding how the public will be protected from projectiles from such firearms, in accordance with recommendations from the current edition of the NRA Range Source Book or other accredited Range Design Publication. 3. Information detailing the style or type of targets that will be utilized at the facility. Information shall include target composition, stationary or mobile design, distance from firing line and range location. All targets shall be used in conjunction with the manufacturers' specifications for use. 4. Information regarding firing line type and construction design, firearm discharge positions and firing techniques that will be utilized at the facility. 5. Details regarding how the facility will provide containment of projectiles and debris caused by the type of ammunition, targets and activities to be utilized or occur on the site, entirely within the boundaries of such facility. The containment methods shall be in conjunction with recommendations for containment as referenced in the current edition of an accredited Range Design Publication. 6. A firing range safety plan, including at a minimum, the following information, written in accordance with an accredited Range Design and Operation Publication. This plan shall be utilized during the planning, construction and operation of the facility. A) Firearm or other weapon(s) handling rules B) General and specific firing range rules and regulations C) Administrative rules and regulations 7. Proposed hours and days of operation, which may be amended by the Board of Adjustment in the special interest of community safety, compatibility and welfare. 8. Information regarding noise abatement design techniques that will ensure compliance with permissible noise level limitations specified in the Harnett County Noise Ordinance. The burden of proof that the proposed range facility meets and will not exceed the permissible noise level limitations of the Harnett County Noise Ordinance, shall rest with the applicant and/or property owner. All noise studies shall be performed by a professional engineer registered in the State of North Carolina or by a person with a degree in a discipline related to acoustics. 2 111714 HC BOC Page 213 9. Outdoor ranges that will discharge projectiles that contain lead, shall supply an Environmental Stewardship Plan prepared by a North Carolina Registered Engineer. The plan shall include semi-annual soil and water sampling, regular liming of the soil to prevent lead migration, reclamation and recycling of the lead and is compliant with the Best Management Practices, specifically relating to lead management, as specified by the Environmental Protection Agency's (EPA) most current edition of Best Management Practices for Lead at Outdoor Shooting Ranges. Indoor ranges shall submit a similar plan that addresses the recovery and recycling of lead projectiles and the ventilation and other techniques utilized for hazardous material and contaminate removal. 10. Outdoor range site plans shall illustrate the location of all property lines, structures and facilities located on the proposed site as well as adjoining properties. Site plans shall also illustrate the location of all streams, ponds, lakes or other watercourses or wetlands located on the proposed site and adjoining properties. Noted illustrations shall include distances from the proposed firing lines as well as target lines and backstops. 11. Site plans may include information and illustrations regarding shot fall zones, safety zones, buffers, baffles and any other information or mitigation techniques that may address concerns over compatibility, property values or the general welfare of the adjoining properties and the community at large. C. Range Development General Standards All firing ranges shall meet the following performance and developmental standards: 1. Shot Containment All firing range facilities shall be designed and operated in a manner to contain all bullets, shot, arrows or other projectiles or any other debris on the range facility. 2. Exploding Targets The discharge of an explosive device shall only be utilized for the purpose of shot confirmation. This type of target system shall only be allowed when used in conjunction with manufacturers' specifications for use. Any misuse of this type of target system which results in the creation and /or propulsion of shrapnel is strictly prohibited. 3. Noise Mitigation Noise generated from firing range facilities shall not escape the facility property or boundary lines at levels greater than sixty (60) dBA when located adjacent to properties zoned or utilized for residential I agricultural use and seventy-five (75) dBA when adjacent to properties zoned or utilized for commercial or industrial use as specified by the Harnett County Noise Ordinance. It shall be the responsibility of the firing range owner to mitigate and verify escaping noise levels. 4. Range Orientation Ranges shall be designed so that the direction of fire shall be parallel to or perpendicular to and away from the public right(s)-of-way or dedicated access 3 111714 HC BOC Page 214 easements. All outdoor ranges shall be developed in a manner to ensure that streams, ponds, lakes, or other watercourses or wetlands are not located between any firing line and target line with exception granted to skeet ranges utilizing steel shot ammunition. 5. Drainage and Erosion Control The range and associated facilities shall be designed to keep storm runoff from the range site at a volume and velocity no greater than what existed prior to range development. Appropriate erosion control measures shall be designed and installed to maintain water quality and prevent contamination from storm water runoff. 6. Warning Signs Warning signs meeting the National Rifle Association (NRA) guidelines for firing ranges shall be posted spaced not more than on hundred ( 1 00) feet apart along the property boundary lines of all outdoor ranges in which the facility is located. Signage shall announce the potential dangers and presence of an active range utilizing highly visible colors. 7. Parking All required parking facilities shall be located to the rear of the firing line and shall adhere to the Parking & Off-Street Loading Requirements of this Ordinance. 8. Structures All structures and facilities shall adhere to all Federal, State and Local regulations and code requirements. 9. Public Access All range facilities shall have access to an approved private or public street. Internal access to the facility shall be secured and controlled with ingress and egress permitted only during the approved operating hours of the facility. 10. Safety Officer All range facilities open to the general public that allow the discharge of firearms shall provide an NRA Certified Range Safety Officer or individual that possess the knowledge, skills, and attitude essential to organizing, conducting, and supervising safe shooting activities and range operations. This safety official shall be located at the firing line to aide in the proper discharge and safe handling of all weapons anytime live fire is being conducted. 11. Safety Plans I Range Rules Safety plans for the operation of the range shall be kept in the area of the firing line and made available upon request by the public or an inspecting agency. Rules and regulations regarding the operation of the range shall be posted in a manner to be visible to all participants of the facility. 12. Setbacks All structures, facilities and components of the firing range located on the range site, shall conform to a minimum fifty (50) feet setback from all property lines. This setback is intended as a developmental setback to assist in compatibility of adjacent land uses and not a designated safety boundary. 4 111714 HC BOC Page 215 D. Final Site Plan Submittal 1. Upon conditional use approval from the Harnett County Board of Adjustment, the property owner shall provide a certified site plan to the Harnett County Planning Department for compliance review. The site plan shall include a notation of all conditions that may have been placed on the development as approved by the Board of Adjustment as well as any other requirements found within this Ordinance. 2. Upon completion of the range facility, a certified final-as-built plan shall be submitted to the Harnett County Planning Department prior to the final zoning compliance inspection. E. Annual Zoning Inspection In order to ensure conditional use approval requirements and development standards are adhered to, the Harnett County Planning Department shall perform an annual zoning compliance inspection on all approved firing range facilities. Zoning compliance inspections shall be performed and verified utilizing the certified final-as-built plans for County approved firing range facilities. All approved facilities failing to comply with conditional use requirements or range development general standards, shall be held in violation of the Harnett County Unified Development Ordinance. All facilities found to be in violation shall be subject to enforcement actions specified within this Ordinance. F. Existing and Nonconforming Firing Range Facilities All existing and nonconforming firing range facilities shall be required to adhere to the following performance standards. 1. The facility shall be maintained in a manner that will contain all projectiles within the property boundary lines. 2. The facility shall not engage in any activity that causes an increase in the nonconformity of the nonconforming firing range. 3. The facility shall not increase the total amount of space devoted to the firing range facility. 4. Facilities shall not perform physical alteration of structures or placement of new structures that results in the increase of total area used in conjunction with the firing range facility and/or operations. 5. Minor repairs to and routine property maintenance shall be permitted for all existing structures, berms and safety devices. 6. Existing and/or nonconforming firing ranges shall not be allowed to detonate any explosive device with the exception of exploding targets utilized for target confirmation. The utilization of exploding targets shall adhere to the manufacturers' specification for use and shall not be placed or contained in an object which will result in the release of shrapnel. 5 111714 HC BOC Page 216 Harnett COUNTY NORTH CAROLINA Harnett County Planning Services www .harnett.org PO Box 65 108 E. Front St. Ullington1 NC 27546 Amendment Development & Review Summary In April of 2013, a review committee was formed for the purpose of analyzing current County regulations regarding commercial firing ranges. The proposed amendment is a result of the combined effort of planning staff, professional range design engineers and consultants, and a stakeholders group complied of elected and appointed officials as well as range owners and concerned citizens. A comprehensive review of current legislation was carefully analyzed in comparison with other local, state, and national guidelines regarding the development and operation of commercial firing ranges. A field analysis was performed on existing ranges in order to evaluate the effectiveness of current regulations. Extensive research was performed on potential regulations, while careful consideration was given to the current and projected developmental growth patterns. During the drafting process, conversations with professional range designers and local range operators assisted in the development process. A continued effort of research, analysis and review has produced multiple draft versions of a proposed amendment. The review and development committee is proposing that Draft # 13 be submitted to the citizens of Harnett County by way of review from the Harnett County Planning Board during a regularly scheduled meeting. strong roots • new growth Ph: 910-893-7525 Fax: 910-814-6459 111714 HC BOC Page 217 Harnett Harnett county C 0 U N T Y Planning Services NORTH CAROLINA------------------------------------------~~~~~~~~- Proposed Text Amendment Article V. Use Regulations Section 7.0 Commercial Uses Sub-Section 7 .5.6 Firing Ranges (Indoor & Outdoor) Planning Board Concerns www .harnett.orq PO Box 65 108 E. Front St. Lillington, NC 27546 Ph: 910-893-7525 Fax: 910-814-6459 On October 6, 2014, the Harnett County Planning Board was presented with a proposed text amendment regarding the regulation of Commercial Firing Ranges. The Board tabled the proposed amendment due to questions related to the requirement of professional designers, engineers and industry technicians that must be involved with the design, construction and monitoring of these types of facilities. The Board was concerned if the requirement of mandating insurance coverage was justifiable and if this requirement would place the County into a position of being involved in a legal dispute or lawsuit. Planning Board Requests Staff has been asked to verify the following requirements placed in the proposed amendment: • Ability to require Liability Insurance • Ability to have the County named in a liability policy as an additional insured party. • The direct need for technical design, review and monitoring of firing range facilities. Staff Findings I Response Staff has consulted with the staff attorney and human resources I risk management coordinator regarding the mandatory insurance coverage requirements. The requirement of having the County added to the policy as an additional insured party would not be necessary nor would it be enforceable due to the County not having a financial interest in the facility. The mandatory requirement of having the owner carry a specified limit of liability insurance has the ability to create a situation that could involve the County in a suit involving the facility. The research committee and consultant involved in the research and drafting of the proposed amendment, feel that this type of facility would require professional design and construction to ensure the safety and welfare of the citizens of the County. In order for the facility to comply with the Harnett County Noise Ordinance, a professional in the field of acoustics would have to be involved due to the technical requirements involving the assessment and containment of sound within specified areas. The committee feels that this type of facility would also require the mandatory testing and monitoring of soils and storm water due to the ability of contamination and environmental impacts that could affect the citizens of the County. Staff Recommendations • Require the professional design and assessment of firing range facilities as proposed. • Delete the requirement of liability insurance from the proposed amendment. 111714 HC BOC Page 218 NC D V A - 2 Re v . 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Er i c Tr u e s d a l e Ha r n e t t Co u n t v Ve t e r a n s Of f i c e r ~ ~ 7/ h rrt: ~ ll~ I~ 08- ~ e.- ~ f% \ ' ) !. £ . / ~a rs 20 2 3 60 8 3 8 41 31 37 __ _ ! ~! ~ _ _ ! 6 1 1 1 7 3 "0 c ctl (/) c 0 :;::; Sw cO> (J)..§ (/) (J) l!? ·-a... ..a If) ::I 0 Q) c ro o:i 0 If) ~ 60 60 > ~ = Q.. ~ ~ ;-e 111714 HC BOC Page 219 Agenda I tern I a BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2013: Section 1. To amend the Solid Waster Dunn Erwin Corrective Project Fund 583 SW 1301 , Public Utilities Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 583-8300-46 1-45-0 1 Construction Temple Grading ~ 583-8300-46 1-45-33 Materials & Supplies $~3,855-JJ., 7b6 f}...'J b':)~ REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE Explanation: To budget Change Order# 3 for Temple Grading & Construction Company. Final Change order to account for quality changes, quality reductions and partial installations. APPROVAlS: ~/ ro(zo/r4 Department Head (dote) Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Margaret Regina Daniel, Clerk to the Board Joe Miller, Chairman Harnett County Board of Comm 111714 HC BOC Page 220 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the General Fund, Cooperative Extension, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7310-465.58-14 Travel 100. 110-7310-465.58-01 Trainings & Meetings 100 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: APPROVALS: To move money into the Parents as Teachers Trainings & Meetings line item to cover upcoming training expendit res. ~ .. ~Officer Section 2. Copies of this budget amendment sha Budget Officer and the Finance Officer for their direction. te) /7/ c~/ jO I l 4-/0 .2 ()/If e furnished to the Clerk to the Board, and to the Adopted this Margaret Regina Wheeler Clerk to the Board day of Joe Miller, Chairman Harnett County Board of Commissioners ' [Jlt 111714 HC BOC Page 221 DEPARTMENT: FUND: CODE NUMBER 110-4100-410.60-33 110-4100-410.31-86 APPROVALS: EXPLANATION: RETURN TO: BUDGET AMENDMENT DATE: October 16, 2014 Administration 4100 AMOUNT AMOUNT DESCRIPTION OF CODE INCREASE DECREASE Materials & Supplies $150 Flower Fund $150 Department Head: ~ Finance Officer: 0 =~ County Manager: . /, ·F== (/1 /D/'Jo/!tf To cover for delivery of flower arrangement (Jesse Alphin) and to cover for balance of fiscal year \tfiJ\ 111714 HC BOC Page 222 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board ofthe County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1.To amend the TRANSPORTATION, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-4650-410.60-28 Computer Software 401 110-4650-410.60-33 Materials & Supply 401 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPlANATION: Support fees for Trapeze software increased by 5% as stated in initial service agreement. APPROVALS: ~~/2:A¥/y oepa;;;;;ent Head (date! onance 0 ' er (date) I n/,4-Count anager (date) I o/ ?<t/ F( Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this ______ day of ______ J ______ _ Margaret Regina Wheeler Clerk to the Board Joe Miller, Chairman Harnett County Board of Commissioners 111714 HC BOC Page 223 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the General Fund, Emergency Medical Services Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT I CODE NUMBER : DESCRIPTION OF CODE INCREASE DECREASE : 110-5400-420.11-00 ; Salaries & Wages $4,957 110-5400-420.11-13 I Salaries & Wages-Vacation Payout $3,439 110-5400-420.11-10 I Salaries & Wages-Holiday Payout $1,518 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To budget the transfer of funds to Salaries & Wages-Vacation and Holiday payouts due to termination/resignation of employees September 16, 2014 and September 20, 2014. APPROVALS: icer(~~ei /!4--County anager(date)Jo/ai(/'f Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this ___ day of ____ , 2014. Margaret Regina Wheeler Clerk to the Board Joe Miller, Chairman Harnett County Board of Commissioners 111714 HC BOC Page 224 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the WIA Youth Program Fund, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 234-7405-465.32-73 Training (ITA) $15,000.00 234-7407-465.32-73 Training (ITA) $15,000.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To move $15,000 from In School Training (ITA) account 234-7405-465.32-73 into Out of School Youth Training (ITA) account 234-7407-465.32-73 to cover books, fees and tuition for participants. APPROVALS: ~IOfJ~~~-=-~ Department Head (date) datT) I unty Manager (date} { {fd: 1 o L ~Cb 1 q 1 o a co r Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler Clerk to the Board day of Joe Miller, Chairman Harnett County Board of Commissioners 111714 HC BOC Page 225 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the WIA Youth Program Fund, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 234-7407-465.58-01 Training & Meetings $600.00 234-7407-465.60-33 Materials & Supplies $600.00 234-7405-465.58-01 Trainings & Meetings $900.00 234-7405-465.58-14 Admin. Travel $900.00 234-7405-465.60-33 Materials & Supplies $1,800.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPlANATION: To move $600.00 from account 234-7407-465.58-01 to account 234-7407-465.60-33 to cover the cost of new computers. Total of transfer is $600. To move $900 from 234-7405-465.58-01 and 234-7405-465.58-14 into account 234-7405-465.60-33 to cover the cost of new computers. Total of transfer is $1,800. APPROVALS: Department Head (date) Finance i l (dati) unty Manager (date) ; , J 0 /jUJ 10. 2.E:> t t( t-Cf)o( I r Section 2. Copies of this budget amendment sh I be urnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler Clerk to the Board \-\)\'0 day of Joe Miller, Chairman Harnett County Board of Commissioners \LtS \ 111714 HC BOC Page 226 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the Emergency Telephone System Fund, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-5900-420.43-16 Maint & Repair-Equipment $1,000 110-5900-420.54-26 Advertising $300 110-5900-420.55-12 Printing & Binding $700 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPlANATION: Funds are needed to purchase cabinets APPROVALS: P~Ra K. S:±ihA}~ Department Head (date) /',lc?t{\ u Finance icer (9ate) Coun Manager {date) J , / J l1 1' \ D { 2£>/14-lo; 'd Kt l '( Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this day of Margaret Regina Wheeler, Clerk to the Board 12014. Joe Miller, Chairman Harnett County Board of Commissioners 111714 HC BOC Page 227 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: '5lli -\\:.i{ ,r\ S ~-\f._ .;:]-\:) \ \ CR \d. 0 ~ Section l.To amend the CommuniWbevelopment, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 328-8300-465.85-26 Reconstruction 1406 328-8300-465.85-11 Relocation 2500 3 28-8300-465.85-70 Rehabilitation Activities 656 328-8300-465.85-53 Clearance 3250 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPlANATION: Reallocating funds due to unexpected expenses when dearing and rehabilitating homes selected for the 2011 Scattered Site Housing grant. APPROVAlS: Adopted this ______ day of ______ ..J _______ _ Margaret Regina Wheeler Clerk to the Board Joe Miller, Chairman Harnett County Board of Commissioners \5\ l ' 111714 HC BOC Page 228 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015; Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7600-441.32-26 Incentives $ 800.00 110-7600-441.60-46 Medical Supplies $ 500.00 110-7600-441.64-25 Books and Publications $ 300.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To move funds in the EBIS program to purchase outreach materials for World AIDS Day. Department Head (date) nagec (Date) ;/J/J ~ Section 2. Copies of this budget amendment shall be furnished to the Clerk of the Board, and to the Budget Officer ahd the Fin a nee Officer for their direction. Adopted this Margaret Regina Wheeler, Clerk to the Board day of ,2014 Joe Miller, Chairman Harnett County Board of Commissioners 111714 HC BOC Page 229 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015; Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7600-441.58-01 Training $ 150.00 110-7600-441.58-14 Travel $ 150.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPlANATION: To move funds in the Bioterrorism Program to better meet the needs of the program. APPROVALS: t;..\J{ 9 t (!,;:;:(// ';/ Departme~e) Section 2. Copies of this budget amendment shall be furnished to the Clerk of the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler, Clerk to the Board day of ,2014 Joe Miller, Chairman Harnett County Board of Commissioners 111714 HC BOC Page 230 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015; Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7600-441.33-45 Contracted Services $ 1,800.00 110-7600-441.64-25 Books & Publications $ 1,800.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To move funds to purchase a Medicare manual for Medicare survey in Home Health. A9Tf41~/ Department Head (date) Section 2. Copies of this budget amendment shall be furnished to the Clerk of the Board, and to the Budget Officer and the Fin a nee Officer for their direction. Adopted this Margaret Regina Wheeler, Clerk to the Board day of Joe Miller, Chairman Harnett County Board of Commissioners 111714 HC BOC Page 231 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the Sheriff's Training Facility CP1403, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 306-8300-4 20-45-30 Engineerinq $14,500 306-8300-420-45-33 Materials & Supplies $14,500 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To budget funds for the Sheriff Traning Facility for Engineering Fees. APPR•.':'VALS: Adopted __________________________________ ___ Margaret Regina Daniel, Clerk to the Board Joe Miller, Chairman Harnett County Board of Comm l ~li 111714 HC BOC Page 232 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2015: Section 1. To amend the General Fund, Cooperative Extension, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7301-465-60-33 Materials & Supplies 100 110-7301-465-60-4 7 Food & Provisions 200 110-7301-465-58-01 Training & Meetings 300 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To move budget in Training & Meetings for more programming. Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler Clerk to the Board day of Joe Miller, Chairman Harnett County Board of Commissioners 111714 HC BOC Page 233 PLANNING SERVICES REPORT October 2014 Monthly Status Report For Planning, Inspections & Central Permitting Fiscal Year 2014-2015 111714 HC BOC Page 234 Table of Contents I. Revenue Breakdown Inspections: Inspection Revenue…………………………………………………………………….….3 Planning: Activity Report…………………………….……………………………………….………..4 Planning Revenue…………………………….……………………………….……………9 Cell Tower Revenue…………………………………………………………….…….…..10 Recreational Fees……………………………………………………………….…….…..11 A.M.P.I. ……………………………………………………………………………….…....12 Environmental Health: E-Health Revenue…………………………………………………………………….…...13 Food & Lodging Revenue………………………………………………………………....14 Public Utilities: Public Utilities Revenue……………………………………………………………..…….15 Fire Marshall: Fire Marshall Revenue……………………………..………………………………….…..16 II. Applications & Permits Permits: Permits Issued By Month………………….…….…………………………………..…....17 Permits by SFH/Manufactured Homes…………………………………………………..18 Valuations: Permit Valuations……………………………….…………………………….….…….…..19 III. Township Information: Recreational Fee ……………………………………………………………………………..….....20 Lots…………………………………….….……………………………………………………..……21 Applications………………….……….………………………………………………………..…....22 111714 HC BOC Page 235 FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total FY 08-09 $100,391 $57,218 $60,319 $46,249 $51,961 $30,566 $33,723 $58,632 $99,530 $98,338 $73,324 $67,868 $778,119 FY 09-10 $86,771 $66,489 $93,014 $81,537 $61,148 $92,292 $81,129 $67,281 $103,548 $100,216 $79,804 $69,365 $982,594 FY 10-11 $87,913 $76,715 $58,124 $88,071 $101,297 $74,283 $71,218 $84,997 $80,399 $95,521 $187,293 $93,581 $1,099,412 FY 11-12 $80,637 $118,971 $122,574 $81,479 $85,075 $56,285 $71,908 $91,662 $83,841 $84,000 $113,049 $106,431 $1,095,912 FY 12-13 $125,159 $96,940 $79,878 $96,342 $92,119 $81,678 $130,365 $124,565 $82,768 $118,398 $111,644 $104,006 $1,243,862 FY 13-14 $127,150 $112,368 $61,868 $78,174 $61,113 $40,752 $94,942 $62,630 $89,368 $87,892 $104,572 $73,937 $994,766 FY 14-15 $84,601 $57,816 $66,542 $68,157 $-$-$-$-$-$-$-$-$277,116 Inspection Revenue FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Angier and Lillington are not included in this dataset. Angier contracts with HC Inspections at $2,083 monthly. Lillington at $2,333 monthly. 111714 HC BOC Page 236 Planning Activity Report For October 2014 Board Of Adjustments Appeal Cell Tower Swmh / Dwmh PUD Commercial Variance Total Monthly 2 2 Year To Date 1 0 1 0 5 2 9 Recreational Fees For Major Subdivisions Townships Total For Month Year To Date Total (since f.y. 06) Anderson Creek $ - $ - $ 963,500.00 Averasboro $ - $ - $ 6,500.00 Barbecue $ - $ 17,000.00 $ 352,000.00 Black River $ - $ - $ 29,500.00 Buckhorn $ - $ - $ - Duke $ - $ - $ - Grove $ - $ - $ - Hectors Creek $ - $ - $ 67,000.00 Johnsonville $ - $ - $ 191,500.00 Lillington $ - $ - $ - Neills Creek $ - $ - $ - Stewarts Creek $ - $ - $ 77,500.00 Upper Little River $ - $ - $ 49,000.00 Totals $ - $ 17,000.00 $ 1,736,500.00 Preliminary Major Subdivisions Townships Number Of Subdivisions By Month Number of Lots By Month YTD Anderson Creek Approved 1 117 117 Reviewed & Placed On Hold 0 Averasboro Approved 0 Reviewed & Placed On Hold 1 Barbecue Approved 0 Reviewed & Placed On Hold 0 Black River Approved 0 Reviewed & Placed On Hold 0 Buckhorn Approved 0 Reviewed & Placed On Hold 0 Duke Approved 0 Reviewed & Placed On Hold 0 Grove Approved 0 Reviewed & Placed On Hold 0 Hectors Creek Approved 0 Reviewed & Placed On Hold 0 Johnsonville Approved 0 Reviewed & Placed On Hold 0 Lillington Approved 0 Reviewed & Placed On Hold 0 Neills Creek Approved 0 Reviewed & Placed On Hold 0 Stewarts Creek Approved 0 Reviewed & Placed On Hold 0 Upper Little River Approved 0 Reviewed & Placed On Hold 0 111714 HC BOC Page 237 Preliminary Major Subdivision Totals Monthly Number Of Subdivisions Number Of Lots Approved 1 117 Reviewed & Placed On Hold 0 0 Year To Date Number Of Subdivisions Number Of Lots Approved 1 117 Reviewed & Placed On Hold 0 0 Final Major Subdivisions Townships Number Of Subdivisions Number of Lots By Month YTD Anderson Creek Approved 164 Reviewed & Placed On Hold 0 Averasboro Approved 0 Reviewed & Placed On Hold 0 Barbecue Approved 0 Reviewed & Placed On Hold 0 Black River Approved 0 Reviewed & Placed On Hold 0 Buckhorn Approved 0 Reviewed & Placed On Hold 0 Duke Approved 0 Reviewed & Placed On Hold 0 Grove Approved 0 Reviewed & Placed On Hold 0 Hectors Creek Approved 0 Reviewed & Placed On Hold 0 Johnsonville Approved 0 Reviewed & Placed On Hold 0 Lillington Approved 0 Reviewed & Placed On Hold 7 Neills Creek Approved 0 Reviewed & Placed On Hold 0 Stewarts Creek Approved 0 Reviewed & Placed On Hold 0 Upper Little River Approved 0 Reviewed & Placed On Hold 0 Final Major Subdivision Totals Monthly Number Of Subdivisions Number Of Lots Approved 0 0 Reviewed & Placed On Hold 0 0 Year To Date Number Of Subdivisions Number Of Lots Approved 2 164 Reviewed & Placed On Hold 0 0 Minor Subdivisions Monthly Number Of Subdivisions Number Of Lots Approved 7 8 Year To Date Number Of Subdivisions Number Of Lots Approved 29 41 111714 HC BOC Page 238 Exempt Subdivisions Monthly Number Of Subdivisions Number Of Lots Approved 13 27 Year To Date Number Of Subdivisions Number Of Lots Approved 42 86 Flood Zone Permits Issued Monthly 0 Year To Date 0 Zoning Inspections Monthly 32 Year To Date 120 Manufactured Home Park License Issued Monthly Number Of Parks Number Of Lots Approved 6 61 Year To Date Number Of Parks Number Of Lots Approved 26 381 Manufactured Home Park Inspections Monthly Number Of Inspections 28 Year To Date Number of Inspections 77 Rezoning Requests Monthly Type Of Request P.B. Action C.C. Action NONE Approved Approved Tabled Year To Date Total Number Of Requests P.B. Action C.C. Action 1 1 Approved Approved 1 Denied Denied Text Amendments/Ordinances Monthly 1 Year To Date 2 Violations Monthly Complaints Resolved Pending 5 0 5 Year To Date Complaints Resolved Pending 13 3 10 Commercial Site Plan Reviews Monthly 2 Year To Date 12 Abandoned Mobile Home Project Initiative (A.M.P.I) Monthly S.W.M.H. D.W.M.H. TOTALS Contracts 1 1 Removed 0 Year To Date S.W.M.H. D.W.M.H. TOTALS Contracts 2 0 2 Removed 1 0 1 111714 HC BOC Page 239 Special Project Activity October 2014 New  Planning Staff has completed the proposed “Commercial Firing Range” regulations, which received an approved recommendation at Harnett County Planning Board on November 3, 2014. It will now be forwarded and presented to the Harnett County Commissioners on November 17, 2014.  Planning Staff has chosen Land Design, Inc. as the Land Use Planning Consultant for the New Harnett County Comprehensive Growth Plan. Ongoing  Planning Staff completed a Firearms & Explosive Discharge Ordinance for the Harnett County Sheriff’s Department. Staff has formed a stakeholders committee, which consists of members from the community. As a result from the committee’s initial meeting, a questionnaire/survey was created and sent out. The results from the survey/questionnaire were compiled and sent out in October. A second committee meeting was held to discuss these results and amend the Discharge Ordinance draft. Also, the firearms and explosive will be two different ordinances and these drafts will be going to the Planning Board on January 5, 2015.  In respect to a NC Wildlife Resources Grant received by the County, Planning Staff is working with our specific contractors for each portion of the grant as well as providing hard data for their use. A curriculum has been formatted by Sustainable Sandhills, and children are currently being recruited to participate in these activities. Land Design, Inc. is approximately 80% complete on their tasks of interactive mapping and key area location. We anticipate both portions of this process to be complete within 4 months. This grant has helped us parlay these resources into the proposed Land Use Plan. Staff Reviewing Commercial Site Plans for: New 1. First Steps Learning Center 2. Asphalt Emulsion Services Expansion 3. Solid Foundation Food Pantry Ongoing 4. Wal-Mart & Spout Springs Shops 5. Stop Shop Convenience Store (Ray Road & Overhills Rd) 6. Dollar General on Hwy 42 (Duncan Area) 7. Old Stage Townhomes 8. Mester Dental Clinic Expansion 9. Kearney & Associates Bldg. @ Edgerton Industrial Park 10. Anderson Creek Commercial Complex 11. Strickland’s Repair 12. Campbell Pointe Townhomes (3 phases, 99 total units) Hold  Development of the Problem Properties Task Force (No funding approved for FY:2014) 111714 HC BOC Page 240 Upcoming Harnett County Planning Board Meeting: Monday, November 3, 2014 (Tabled from October Meeting) Proposed Text Amendment: Harnett County Unified Development Ordinance Revision to Article V (Use Regulations) Section 7.5.6 (Firing Ranges) Harnett County Board of Adjustment Meeting: Monday, November 10, 2014 Conditional Use 1. BA-CU-22-14. Currie, Lorraine / McDougald, Diana. A Singlewide Manufactured Home in an RA-30 Zoning District; Upper Little River Township; Pin # 0630-93-6549.000; SR # 1291 (Old US 421). 2. BA-CU-23-14. Abadi, Ahmed M/ Davis, Michong. A Barber Shop in an RA20R Zoning District; Barbecue Township; Pin # 9586-31-8621.000; SR # 1115 (Buffalo Lake Road). 3. BA-CU-24-14. Matthews, Stuart / Durham Tower Development. A Cellular Communications Tower in an RA- 30 Zoning District; Neill’s Creek & Black River Townships; Pin # 0662-21-4971.000; NC Hwy 210 North. SNIA-Special Nonresidential Intensity Allocation-Watershed Board 4. RGC Rick Gilchrist Co., Inc. CFO. Lots 10 & 11 Tri-South Industrial Park; Industrial Zoning District; Pin #’s 0654-68-8055.000 & 0654-78-1063.000; Hector’s Creek Township; Off Hwy 401 North (on Jarco Drive). 111714 HC BOC Page 241 FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 $- $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total FY 08-09 $12,870 $10,532 $8,367 $16,615 $7,130 $4,317 $3,690 $12,170 $10,095 $9,875 $6,743 $6,790 $109,194 FY 09-10 $14,052 $8,355 $7,438 $11,755 $10,365 $8,095 $6,350 $9,575 $10,285 $12,455 $9,250 $8,370 $116,345 FY 10-11 $12,540 $7,980 $7,960 $12,205 $9,430 $7,230 $11,445 $7,850 $12,160 $9,880 $8,985 $8,860 $116,525 FY 11-12 $6,189 $35,772 $7,930 $9,305 $7,904 $7,745 $7,854 $12,517 $8,788 $10,035 $8,262 $13,917 $136,218 FY 12-13 $10,322 $10,414 $11,068 $10,615 $8,635 $7,243 $10,521 $10,539 $13,451 $16,832 $12,750 $7,033 $129,423 FY 13-14 $4,934 $5,470 $11,157 $7,156 $8,598 $8,791 $5,552 $11,063 $17,782 $10,291 $13,852 $6,160 $110,806 FY 14-15 $8,736 $6,978 $11,782 $9,902 $-$-$-$-$-$-$-$-$37,398 Planning Fees FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 Angier is not included in this dataset. Angier contracts with HC Planning at $1,833 monthly. 111714 HC BOC Page 242 FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 $- $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 $160,000 $180,000 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total FY 08-09 $8,750 $-$-$-$6,000 $-$-$-$-$4,500 $4,500 $-$23,75 FY 09-10 $-$-$-$-$-$4,300 $-$4,500 $49,50 $-$-$4,250 $62,55 FY 10-11 $4,500 $-$-$-$-$-$4,500 $-$-$-$-$-$9,000 FY 11-12 $-$15,00 $-$-$5,000 $-$-$-$-$4,500 $4,500 $-$24,50 FY 12-13 $13,50 $4,500 $-$4,500 $40,00 $20,00 $18,50 $10,00 $5,000 $28,00 $20,00 $-$164,0 FY 13-14 $11,50 $1,000 $28,00 $6,500 $1,000 $2,000 $2,000 $1,000 $5,000 $3,000 $2,000 $4,000 $67,00 FY 14-15 $-$-$5,000 $8,000 $-$-$-$-$-$-$-$-$13,00 Cell Tower Fees No cell tower fees were tracked prior to February of 02 -03 FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 111714 HC BOC Page 243 FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 $- $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total FY 08-09 $-$18,500 $-$-$5,500 $-$-$40,000 $-$71,000 $10,500 $57,500 $203,00 FY 09-10 $-$96,500 $15,000 $-$500 $-$15,000 $-$30,500 $-$9,500 $17,000 $184,00 FY 10-11 $-$20,000 $49,500 $-$5,500 $-$-$15,500 $23,000 $21,500 $-$13,000 $148,00 FY 11-12 $35,500 $-$-$35,000 $16,000 $-$92,000 $21,000 $129,00 $13,500 $500 $19,500 $362,00 FY 12-13 $-$55,000 $30,500 $3,500 $67,500 $11,000 $4,500 $-$-$15,000 $28,000 $-$215,00 FY 13-14 $7,500 $6,500 $59,000 $-$-$-$8,500 $-$-$26,500 $-$12,000 $120,00 FY 14-15 $18,000 $-$-$-$-$-$-$-$-$-$-$-$18,000 Recreational Fees No recreational fees were tracked prior to October of FY 06-07 FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 111714 HC BOC Page 244 FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 $- $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total FY 08-09 $500 $810 $500 $1,979 $1,578 $1,972 $1,023 $648 $666 $1,303 $2,299 $668 $13,946 FY 09-10 $1,666 $561 $740 $1,964 $350 $-$868 $-$1,885 $1,600 $616 $-$10,249 FY 10-11 $1,359 $696 $1,050 $1,468 $1,035 $451 $958 $700 $584 $595 $721 $578 $10,195 FY 11-12 $-$250 $287 $-$-$-$-$-$350 $-$1,250 $-$2,137 FY 12-13 $1,576 $2,110 $52 $152 $1,022 $2,366 $2,071 $215 $-$-$70 $-$9,634 FY 13-14 $-$-$-$-$-$-$-$-$-$-$-$-$- FY 14-15 $-$350 $298 $-$-$-$-$-$-$-$-$-$648 Abandoned Manufactured Home Planning Initiative Fees No A.M.P.I. fees were tracked prior to November of FY 05-06 FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 111714 HC BOC Page 245 FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 $- $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total FY 08-09 $16,450 $14,475 $23,825 $9,750 $8,950 $6,925 $8,450 $10,175 $20,750 $12,775 $17,225 $15,650 $165,40 FY 09-10 $14,600 $14,900 $13,175 $10,600 $13,000 $9,600 $11,975 $18,375 $13,225 $16,975 $15,950 $13,875 $166,25 FY 10-11 $18,225 $11,075 $10,800 $7,000 $11,800 $5,300 $10,750 $11,675 $13,450 $10,400 $10,750 $16,100 $137,32 FY 11-12 $15,275 $22,525 $21,425 $26,650 $23,025 $11,175 $39,175 $21,550 $29,675 $23,700 $21,200 $32,150 $287,52 FY 12-13 $17,000 $31,250 $33,525 $18,450 $21,900 $19,450 $18,650 $58,425 $35,400 $30,150 $26,100 $22,075 $332,37 FY 13-14 $26,600 $30,775 $27,050 $22,750 $22,050 $22,800 $26,700 $19,900 $27,425 $25,225 $19,400 $28,350 $299,02 FY 14-15 $35,150 $17,850 $13,650 $24,900 $-$-$-$-$-$-$-$-$91,550 Enviromental Health Revenue Based upon fees received & processed through Central Permitting FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 111714 HC BOC Page 246 FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 $- $1,000 $2,000 $3,000 $4,000 $5,000 $6,000 $7,000 $8,000 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total FY 08-09 $600 $800 $800 $400 $800 $800 $400 $200 $1,000 $600 $600 $200 $7,200 FY 09-10 $800 $1,100 $200 $400 $-$400 $600 $200 $-$200 $400 $400 $4,700 FY 10-11 $600 $400 $1,000 $300 $400 $-$400 $400 $700 $300 $400 $700 $5,600 FY 11-12 $200 $800 $400 $400 $400 $200 $300 $-$500 $-$200 $-$3,400 FY 12-13 $400 $400 $-$800 $-$-$200 $400 $200 $400 $500 $200 $3,500 FY 13-14 $200 $200 $200 $-$-$-$-$-$400 $600 $200 $500 $2,300 FY 14-15 $400 $200 $-$-$-$-$-$-$-$-$-$-$600 Food & Lodging Revenue Based upon fees received & processed through Central Permitting No food & lodging fees were tracked prior to August FY 07 -08 FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 111714 HC BOC Page 247 FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total FY 08-09 $76,555 $33,430 $41,130 $50,815 $23,300 $27,385 $21,160 $33,840 $24,585 $31,190 $39,955 $47,210 $450,555 FY 09-10 $48,335 $57,700 $40,520 $50,505 $50,905 $20,420 $51,285 $31,880 $54,305 $67,815 $24,445 $68,095 $566,210 FY 10-11 $35,200 $55,910 $38,055 $27,785 $34,900 $39,370 $18,270 $26,620 $63,290 $49,315 $51,650 $42,925 $483,290 FY 11-12 $47,475 $54,145 $54,300 $54,385 $43,490 $36,430 $33,255 $44,425 $32,040 $30,275 $39,815 $35,445 $505,480 FY 12-13 $34,995 $28,260 $39,940 $43,990 $33,320 $24,520 $27,515 $36,535 $48,965 $22,640 $44,285 $28,060 $413,025 FY 13-14 $25,085 $35,825 $36,690 $43,500 $17,725 $13,775 $27,605 $22,555 $39,485 $37,925 $20,570 $47,270 $368,010 FY 14-15 $35,025 $39,440 $31,860 $40,345 $-$-$-$-$-$-$-$-$146,670 Plubic Utilities FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 111714 HC BOC Page 248 FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 $0.00 $5,000.00 $10,000.00 $15,000.00 $20,000.00 $25,000.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total FY 08-09 $1,180 $1,160 $1,095 $1,285 $1,065 $380 $915 $940 $770 $1,155 $395 $725 $11,065 FY 09-10 $1,030 $1,455 $864 $2,118 $1,879 $2,508 $763 $897 $1,007 $2,313 $660 $1,949 $17,443 FY 10-11 $703 $1,106 $1,080 $1,346 $1,949 $2,461 $1,364 $1,907 $940 $1,059 $1,715 $542 $16,172 FY 11-12 $660 $2,181 $1,043 $615 $3,133 $4,235 $1,196 $1,407 $2,436 $581 $2,106 $1,337 $20,930 FY 12-13 $1,675 $1,534 $1,100 $835 $539 $702 $3,138 $693 $825 $1,193 $5,021 $1,279 $18,534 FY 13-14 $2,530 $1,594 $3,289 $1,722 $926 $725 $3,251 $862 $1,023 $650 $2,446 $741 $19,759 FY 14-15 $1,275 $1,745 $1,093 $1,370 $-$-$-$-$-$-$-$-$5,483 Fire Marshall Fees Based upon fees received & processed through Central Permitting FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 111714 HC BOC Page 249 FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY12-13 FY 13-14 FY 14-15 0 500 1,000 1,500 2,000 2,500 3,000 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total FY 08-09 339 219 225 198 175 139 134 154 172 218 218 222 2,413 FY 09-10 242 219 274 305 188 209 218 200 231 290 290 234 2,900 FY 10-11 250 245 198 285 276 240 225 236 250 242 318 320 3,085 FY 11-12 192 250 207 197 223 160 172 222 218 219 222 275 2,557 FY12-13 265 241 219 210 199 182 254 251 201 267 259 235 2,783 FY 13-14 263 248 174 211 187 161 203 186 319 286 265 291 2,794 FY 14-15 298 227 188 200 913 Permits Issued By Month Includes Building, Electrical, Plumbing, Mechanical, Insulation, Manufactured Homes & Single Family Dwellings FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY12-13 FY 13-14 FY 14-15 111714 HC BOC Page 250 Permit Type July Aug Sept Oct Nov Dec Jan Feb March April May June Totals Manufactured Home 11 9 3 11 34 Single-Family 53 50 27 37 167 Total 64 59 30 48 201 0 50 100 150 200 250 July Aug Sept Oct Nov Dec Jan Feb March April May June Totals SFH and Manufactured Homes Permits Manufactored Home Single-Family Total 111714 HC BOC Page 251 FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 $- $20,000,000 $40,000,000 $60,000,000 $80,000,000 $100,000,000 $120,000,000 $140,000,000 Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun FY Total FY 08-09 $12,691,631 $8,776,508 $5,220,612 $4,920,978 $5,369,579 $3,450,528 $5,649,131 $7,522,965 $9,077,151 $7,856,281 $8,725,777 $7,417,729 $86,678,870 FY 09-10 $11,379,224 $10,362,784 $10,638,492 $7,230,957 $9,428,102 $9,361,441 $8,443,143 $9,086,404 $8,810,094 $12,441,314 $9,830,598 $9,402,588 $116,415,141 FY 10-11 $11,252,733 $7,950,958 $8,345,311 $11,182,071 $10,872,478 $11,426,556 $8,228,678 $11,513,785 $14,305,568 $13,132,419 $13,407,863 $1,403,883 $123,022,303 FY 11-12 $11,473,930 $273,697 $9,121,214 $10,094,638 $8,891,826 $4,212,104 $7,595,696 $10,643,099 $7,896,499 $8,047,635 $15,469,436 $12,968,827 $106,688,601 FY 12-13 $6,648,277 $11,216,486 $8,186,483 $9,713,654 $8,884,669 $8,409,146 $14,682,203 $12,334,320 $12,393,618 $11,295,201 $9,394,109 $10,291,523 $123,449,689 FY 13-14 $13,270,018 $10,211,222 $5,736,233 $9,105,513 $5,639,513 $1,558,260 $6,553,020 $6,817,970 $10,994,367 $8,907,093 $8,492,767 $4,644,885 $91,930,861 FY 14-15 $6,124,175.00 $7,502,842.00 $2,815,257.00 $6,389,420.00 $22,831,694.0 Residential Application Valuation By Month FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 111714 HC BOC Page 252 $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 Anderson Creek Averasboro Barbecue Black River Buckhorn Duke Grove Hectors Creek Johnsonville Lillington Neills Creek Stewarts Creek Upper Little River Fees $963,500 $6,500 $352,000 $29,500 $0 $0 $0 $67,000 $191,500 $0 $0 $77,500 $49,000 Recreation Fees By Township (TOTALS SINCE 10/1/06) No recreational fees were tracked prior to October of FY 06-07 111714 HC BOC Page 253 0 200 400 600 800 1000 1200 1400 1600 1800 2000 Anderson Creek Averasbor o Barbecue Black River Buckhorn Duke Grove Hectors Creek Johnsonvil le Lillington Neills Creek Stewarts Creek Upper Little River Lots 1927 13 704 59 0 0 0 118 383 0 0 155 98 Lots By Township (TOTALS SINCE 10/1/06) No lots were tracked prior to October of FY 06-07 111714 HC BOC Page 254 .. 0 20 40 60 80 100 120 140 160 180 Township Applications YTD 14-15 Demolition - Add/Alter Residential - Add/Alter Non-Residential - Stores & Other Customer Service - Office/Bank Plaza - Hospitals, Institutions & Schools - Commercial Activities - Industrial, Public Works & Utilities - Church or other Religious - Amusement,Social or Recreational - Hotels/Motels - Munufactored Homes - Multiple family Dwellings - Duplex Dwellings - Single family Dwellinngs - Other Non-residential- 111714 HC BOC Page 255