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HomeMy WebLinkAbout100316a Agenda PackageHARNETT COUNTY BOARD OF COMMISSIONERS County Administration Building 102 East Front Street Lillington, North Carolina Regular Meeting October 3, 2016 I . Call to order -Chairman Jim Burgin 9:00 am 2. Pledge of Allegiance and Invocation -Commissioner Barbara McKoy 3. Consider additions and deletions to the published agenda 4. Consent Agenda A. Minutes B. Budget Amendments C. Tax rebates, refunds and releases D. Hamett County Sheriffs Office requests approval to accept a grant in the amount of $22,240 from the FY 16 Edward Byrne Memorial Justice Assistance Grant Program. The funds will be used to purchase data storage and/or other IT equipment and/or other investigative equipment to support the Sheriffs Office needs. There is no local match required. E. Hamett County Sheriffs Office requests approval ofresolution awarding Sergeant James Gunter his service weapon upon his retirement. F. Harnett County Sheriffs Office requests approval ofresolution authorizing disposition of six surplus motor vehicles previously used by the Sheriff's Office to the Central Carolina Emergency Services Training Center. G. Harnett County Public Utilities requests award of construction bid for the Dupree Farms Waterline Extension Project to Herring-Riverbark, Inc. from Kinston , N C in the amount of $85 ,950. The award is contingent upon the receipts of several permits before construction can begin and is time sensitive due to the grant conditions. H. Hamett County Veterans Treatment Court -Authorization to receive from Joint Adult Drug Court Grant Program funds in the amount of$969,l 10.89 from SAMHSA and $397,006.58 from BJA for a combined amount of$1 ,366,l l 7.47. I. Hamett County General Services Community Development in partnership with Harnett County Public Utilities requests approval of a water access program for low to moderately low income (LMI) homeowners in Hamett County. This program, administered by Community Development, allows approved LMI families access to water by waiving the water tap fee ($1 ,800) only, but does require homeowners to complete the connection to their home at the homeowner's expense. Additional costs may include permit fees , water lines from tap to home, and deposits. J. Hamett County Human Resources requests approval to amend the Personnel Ordinance: Article IV. Recruitment and Employment; Section 3. Recruitment and Advertisement. Page I 100316a HC BOC Page 1 K. Harnett County Human Resources requests adoption of the proposed bylaws for the Hamett County Employee Benefits Committee. L. Harnett County Engineer, Solid Waste, requests approval to accept $31,000 in DEQ grant monies for the purchase of two self-contained compactors. M. Hamett County Cooperative Extension requests approval to accept 2016-2017 contract amendment in the amount of $3 ,600 with Harnett County Workforce Development WIOA Program. This contract agreement includes having Extension 's Community Rural & Development Agent provide readiness training to Harnett County Workforce Development Young Adults & Youth (14 -24) who are enrolled in the Workforce Innovations & Opportunity Act Youth Program. N. Administration requests approval of the Hamett County 2017 Holiday Schedule 0. Harnett County Finance Officer requests approval of the addition of four new Deputy Sheriff Positions, (PSN 248, Grade 66) and three new Senior EMT Paramedics (PSN 490, Grade 59). These positions will become effective January 1, 2017. These positions were requested as part of the 22016-2017 Fiscal Year to allow the two departments to meet the citizens needs during periods of high call volume. P. Administration requests approval of pricing for parcels in the Brightwater Business Park and Brightwater Science & Technology Park. Hamett County currently contracts with Avison Young as our commercial broker who provided the following pricing: Retail Parcels (proposed lots 4, 5, 6, 7, 11, 12, 15, 16) -$175,000 to $230,000 per Acre; Medical or Retail Parcels (proposed lots 2, 8, 9, 10 , 13 & 14) -$150,000 to $230,000 per acre; and Other Parcels (proposed lots 17-25)-$150,000 to $200,000 per acre Q. Administration requests approval of pricing for parcels in the Western Harnett Industrial Park. Hamett County currently contracts with Avison Young as our commercial broker who provided the following pricing: Lots 1-18 -$35 ,000- $40,000 per acre. 5. Period of up to 30 minutes for informal comments allowing 3 minutes for each presentation 6. Appointments 7. Public Hearing regarding the refinancing of annual debt of up to $1,266,510 by Erwin Fire and Rescue Squad Inc. Hamett County Emergency Services, on behalf of Erwin Fire and Rescue Squad, Inc. requests approval of a resolution authorizing and approving the refinancing of annual debt following the public hearing. 8 . County Manager's Report -Joseph Jeffries, County Manager 9. New Business 10. Closed Session 11. Adjourn Page 2 100316a HC BOC Page 2 100316a HC BOC Page 3 100316a HC BOC Page 4 100316a HC BOC Page 5 100316a HC BOC Page 6 100316a HC BOC Page 7 100316a HC BOC Page 8 100316a HC BOC Page 9 100316a HC BOC Page 10 100316a HC BOC Page 11 100316a HC BOC Page 12 100316a HC BOC Page 13 100316a HC BOC Page 14 100316a HC BOC Page 15 100316a HC BOC Page 16 100316a HC BOC Page 17 100316a HC BOC Page 18 100316a HC BOC Page 19 100316a HC BOC Page 20 100316a HC BOC Page 21 100316a HC BOC Page 22 100316a HC BOC Page 23 Agenda Item __ J../.&-..--'B_'--__ BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by fhe Governing Board of the County o f Harnett. Norfh Carolina. Iha! the following amendment be made lo the annua l bud get ordinance for the fiscal year ending June 30. 2017 Section 1. To amend the General Fund .JCPC Psychological Services, the appropriations ore to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE l l 0-5899-420-32 -64 JCPC Healthy Choice s $4 .000 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE l l 0-0000-33 4-4 l -08 He a lthy C h oices $4.000 EXPLANATION: To budget JCPC Psychological Services funds awarded for FY 2016-2017. APPROVALS : Dept Head (dale) rk to the Board. and to t he Budget O f ficer and the Adopted ___________________ _ Margaret Regino Wh eeler. Jim Burgi n, Chairma n Clerk l o the Board Harnett County Board of Commission ers 100316a HC BOC Page 24 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be mode to the annual budget ordinance for the fiscal year ending June 30, 2017 Section 1. To amend the General Fund ,JCPC Healthy Choices, the appropriations a re to be changed as follows: EXPENDITURE CODE NUMBER DESCRIPTION OF CODE 11 0-5899-420 -32-6 4 JCPC Healthy Choices REVENUE CODE NUMBER DESCRIPTION OF CODE l l 0-0000-334-41-08 Healthy Choices EXPLANATION: To budget JCPC Healthy Choices funds awarded for FY 201 6-2017. APPROVALS : Dept Head (date) Section 2. Copies of this budget amendment sh all be f Fin ance Officer for their direction. Adopted ___________________ _ Margaret Regina Wheeler. Clerk to the Board AMOUNT AMOUNT INCREASE DECREASE $56 ,756 AMOUNT AMOUNT INCREASE DECREASE $56,756 Jim Burgin. Chairman Harnett County Board o f Commissioners 100316a HC BOC Page 25 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2017; Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7600-441.32-26 Incentives $ 1,000.00 110-7600-441.32-68 Board Members $ 420.00 110-7600-441.33-50 Contracted Services (Misc) $ 150,000.00 110-7600-441.41-11 Telecommunic. & Postage $ 18,658.00 110-7600-441.41-13 Utilities I $ 2,000.00 110-7600-441.43-16 Maint & Repair -Equip $ 8,546.00 110-7600-441.55-12 Printing & Binding $ 4,174.00 110-7600-441.58-01 Training $ 7,875.00 110-7 600-441.58-17 Travel BOH $ 500.00 110-7600-441.60-33 Materials & Supplies $ 59,688.00 110-7600-441.60-36 Uniforms $ 1,000.00 110-7600-441. 60-46 Medical Supplies $ 21,000.00 110-7600-441.60-4 7 Food & Provisions $ 800.00 110-7600-441.60-53 Dues & Subscriptions $ 1,000.00 110-7600-441.64-25 Books & Publications $ 4,100.00 REVENUE I AMOUNT AMOUNT CODE NUMBER I DESCRIPTION OF CODE INCREASE DECREASE 110-0000-399. 00-00 I Fund Balance Appropriated I s 280,761.00 EXPLANATION: Budget Amendment to ask for carryforward funds to add to lines that were cut during the budget process, also purchase equipment that is needed in the clinics (exam tables, vital sign monitor, non-fetal stress test machine, doppler baby heartbeat and new freezer for vaccines, finish the scanning of patient charts, replace phone system in health dept per IT Dept. recommendation. AP:;rllw(L~/;; Department Head (date) Section 2 . Copies of this budget amendment shall be furnished to the Clerk of the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wh ee le r, Clerk to the Board day of ,2016 \lOb 100316a HC BOC Page 26 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2017 : Section 1. To amend the Public Utilities Department, 531, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 531-9000-431 -74-74 Capital Outlay/Capital Outlay-equipment $579,000.00 531-9000-431 -74-73 Capital Outlay/Other Improvements $579,000.00 .REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION : Increase Capital Outlay to fund billing software purchase . 9 20 16 De Section 2. Copie s of this budget amendment shall be furnishe 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 , 2016. Jim Burgin, Chairman Harnett County Board of Commissioners 100316a HC BOC Page 27 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2017; Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7600-441.33-45 Contracted Services $ 3,000.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-334. 76-12 STD Prevention $ 3,000.00 EXPLANATION: Budget an additional $3,000 in the contract line for STD testing. Section 2. Copies of this budget amendment shall be furnished to the Clerk of the Board , and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler, Clerk to the Board day of ,2016 Jim Burgin, Chairman Harnett County Board of Commissioners \ ll b 100316a HC BOC Page 28 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30 , 2017 : Section 1. To amend the General Fund, Cooperative Extension program, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7326-465-60-33 Materials & Supplies 491 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-331-73-26 Race to the Top 491 EXPLANATION: To decrease amount in budget to correspond with new contract amount. APPROVALS : ;$rment Head (date) Section 2. Copies of this budget amendment shall be furni shed to the Clerk to the Board, and to the Budget Officer and the Fin ance Officer for their direction . Adopted this Margaret Regina Wheeler Clerk to the Board day of Jim Burgin, Chairman Harnett County Board of Commissioners 100316a HC BOC Page 29 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina , that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2016: Section 1. To amend the Veterans Court Fund, appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 253-4403-441.35-77 Veterans Court $322,277 253-4404-441.35-77 Veterans Court $132,995 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 253-0000-331.88-03 Veteran's Court -SAMHSA $322,277 253-0000-331.88-04 Veteran's Court -BJA $132,995 EXPLANATION: To setup the budget for the Veteran's Court grant awarded by the Substance Abuse & Mental Health Services Administration (SAMHSA) and Bureau of Justice Assistance US Department of Justice (BJA). Thi s grant will be for a three year period and will expire October, 2019. This amendment represents the funding for the FYE 2016. APPROVALS: Department Head (date) Section 2. Copies of this budget amendment sha ll be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. 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Ke i t h Fa u l k n e r Ta x Ad m i n i s t r a t o r Bi l l Nu m b e r 00 0 0 0 5 4 1 9 5 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 00 0 0 0 0 8 4 1 1 - 20 0 9 - 2 0 0 9 - 0 0 0 0 - 0 0 00 0 0 0 0 8 4 1 1 - 2 0 0 8 - 2 0 0 8 - 0 0 0 0 - 0 0 00 0 0 0 0 8 4 1 1 - 2 0 0 7 - 2 0 0 7 - 0 0 0 0 - 0 0 00 0 0 0 0 8 4 1 1 - 2 0 0 6 - 2 0 0 6 - 0 0 0 0 - 0 0 00 0 0 0 3 8 4 0 5 - 2 0 1 3 - 2 0 1 3 - 0 0 0 0 - 0 0 00 0 0 0 3 8 4 0 5 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 00 0 0 0 3 8 4 0 5 - 2 0 1 4 - 2 0 1 4 - 0 0 0 0 - 0 0 00 0 0 0 3 8 4 0 5 -20 1 2 - 2 0 1 2 - 0 0 0 0 - 0 0 00 0 0 0 3 8 4 0 5 -20 1 1 - 2 0 1 1 - 0 0 0 0 - 0 0 00 0 0 0 3 6 3 4 0 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 00 0 0 0 3 6 3 4 0 - 2 0 1 3 - 2 0 1 3 - 0 0 0 0 - 0 0 00 0 1 3 0 5 4 0 7 - 2 0 1 6 - 2 0 1 6 - 0 0 0 0 - 0 0 00 0 0 0 6 1 7 6 0 - 2 0 1 5 - 2 0 1 5 - 0 0 0 0 - 0 0 00 0 0 0 6 1 7 6 0 - 2 0 1 1 - 20 1 1 - 00 0 0 - 0 0 00 0 0 0 6 1 7 6 0 - 2 0 1 2 · 20 1 2 - 0 0 0 0 - 00 00 0 0 0 6 1 7 6 0 - 20 1 3 - 2 0 1 3 - 0 0 0 0 - 0 0 00 0 0 0 6 1 7 6 0 - 2 0 1 4 - 2 0 1 4 - 0 0 0 0 - 0 0 Ty p e Re c e i v e d Am o u n t RE I $3 1 6 . 0 0 BU S $3 , 28 5 .63 BU S $3 , 11 5 . 2 0 BU S $3 , 3 5 8 . 6 3 BU S $2 ,32 7 . 8 9 RE I $9 . 6 6 RE I $9 . 9 6 RE I $9 . 9 6 RE I $9 . 6 6 RE I $9 . 5 4 RE I $3 4 4 . 7 2 RE I $3 3 5 .63 IN D $5 .51 RE I $1 , 3 7 9 .62 RE I $1 , 31 9 .81 RE I $1 , 3 3 9 . 8 1 RE I $1 ,35 5 . 5 9 RE I $1 , 4 2 1 .52 Ag e n d a Item LJ-C Ap p r o v e d _ _ _ _ _ _ _ _ _ _ _ Re f u n d Am o u n t Na m e $8 2 .0 0 AB O N Z A , LU I S F E RN A N D O $3 0 5 .9 0 BY R D , RO Y H JR $3 4 0 .65 BY R D , RO Y H JR $3 2 3 .53 BY R D, RO Y H J R $3 1 5 . 0 7 BY R D , RO Y H JR $9 .66 M OR G A N , KA T HR Y N $9 . 9 6 MO R G A N , KA T H R Y N $9 .96 M OR G A N , K AT H R Y N $9 . 6 6 MO R G A N , KA T HR Y N $9 . 5 4 MO R G A N , K AT H R Y N $7 0 .0 0 SM I T H , ED D I E DE A N $7 0 .0 0 SM I T H , ED D I E DE A N $ 5 .51 NO R T O N , HO W A R D E $4 3 4 . 2 8 ZU P A N C I C , BA R B A R A F $ 39 9 .20 ZU P A N C I C , AN T ON $3 9 9 .20 ZU P A N C I C , AN T O N $4 0 4 . 1 6 ZU P A N C I C , AN T O N $4 2 4 . 8 8 ZU P A N C I C , AN T O N 100316a HC BOC Page 31 Agenda Item L/ -D Board Meeting Agenda Item MEETING DATE: October 3, 2016 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Edward Byrne Memorial Justice Assistance Grant Program REQUESTED BY: Sheriff's Office REQUEST: The Sheriffs Office request permission to accept a grant to the Office of Justice Program under the FY 16 Edward Byrne Memorial Justice Assistance Grant Program. The Grant amount is$ 22 ,240.00. The funds will be used to purchase data storage and/or other IT equipment and/or other investigative equipment to support the Sheriff's Office needs. There is no local match required. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: U:\My Documenls\20 16 Edward Byme\2 016 Edward Byrne Agenda request.doc I of I Page 100316a HC BOC Page 32 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina , that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2017 : Section 1. To amend the General Fund , Sheriff's Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-5103-(new) 2016 Edward Byrne Grant 22,240.0 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-(new) 2016 Edward Byrne Gr ant 22,240 EXPLANATION: To set up the 2014 Edward Byrne Memorial Ju stice Assistance Grant (no county match). These funds will be used to purchase mobile computer, CAD software and Mapping software for patrol deputies. This equipment/software will enable deputies to respond to calls and to complete other t asks more efficiently. APPROVALS: ~~ '%,~It. Department Head (date) Finance Officer (date) County Manager (date) Section 2 . Copies of this budget amendment shall be furni shed to the Clerk to the Board, and to the Budget Officer and the Fi n ance Officer for their d irection. Adopted this day of Margaret Regina Daniel, Interim Cl erk to the Boa r d I 2016 . Jim Burg in, Chairman Harnett County Board of Commissioners 100316a HC BOC Page 33 Office of Justice Programs September 7 , 2016 Mr. Joseph Jeffiies County ofHarnen P.O. Box 759 Lillington , NC 27546 Dear Mr. Jeffries : U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington. D.C. 2053/ On behalfof Attorney General Lorena Lynch, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 16 Edward Byrne Memorial Justice Assistance Grant (JAG) Program -Local Solicitation in the amount of $22,240 for County of Hamett. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit fi ndings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: Program Questions, Tamaro White, Program Manager at (202) 353-3503 ; and Financial Questions, the Office of the Chieffinancial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@ usdoj.gov . Cong ratulations, and we look forward to working with you. Sincerel y, •• #' #-··· ,._ Denise O'Donnell Director Enclosures 100316a HC BOC Page 34 September 7, 2016 Mr. Joseph Jeffries County of Hamett P.O. Box 759 Lillington , NC 27546 Dear Mr. Jeffries: OFFICE FOR CIVIL RIGHTS Office of Justice Programs U.S. Department of Justice 810 7th Street, NW Washington, DC 20531 Tel: (202) 307-0690 TTY : (202) 307-2027 E-mail: askOCR@usdoj.gov Website: www.ojp.usdoj.gov/ocr Congratulations on your recent award. l.n establishing financial assistance programs, Congress linked the receipt offederal funding to compliance with federal civil rights laws . The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal c ivil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients offinancial assistance from the DOJ prohibit di scrimination on the basis ofrace, color, national origin, religion, sex, or disability in funded programs or activities, not only in employment but also in the deli very of services or benefits. A federal law also prohibits recipients from di scriminating on the basis of age in the delivery of services or benefits . In March of 2013 , President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994 (VA WA) by including a nondiscrimination grant condition that prohibits di scrimination based on actual or perceived race, color, national origin, religion , sex, di sability, sexual orientation, or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October I, 2013. lbe OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VA WA funds to understand their obligations. The Frequently Asked Questions are available at http://ojp.gov/about/ocr/vawafaqs .htm . Enforcing Civil Rights Laws All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR inves tigates recipients that are the subject of discrimination complaints from both individuals and groups . In addition, based on regulatory criteria, the OCR selects a number ofrecipients each year for compliance reviews, audits that require recipients to s ubmit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards . 100316a HC BOC Page 35 Providing Services to Limited English Proficiency (LEP) Individuals In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title Vl Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41 ,455 (2002). For more infonnation on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website http://www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The DOJ regulation, Equal Trea1ment for Faith-Based Organizations, 28 C .F.R. pt. 38, requires State Administering Agencies (SAAs) to treat faith-based organizations the same as any other applicant or recipient. The regulation prohibits SAAs from making awards or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors . The regulation also prohibits faith-based organizations from using financial assistance from the DOJ to fund inherently (or explicitly) religious activities . While faith-based organizations can engage in non-funded inherently religious activities, they must bold them separately from the program funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see the OCR's website at http ://www.ojp.usdoj.gov/about/ocr/equal_fbo.htm. SAAs and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 42 U.S.C. § 3789d(c); the Victims of Crime Act of 1984, as amended, 42 U.S .C. § 10604(e); the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 42 U.S.C. § 5672(b); and VA WA, Pub. L. No. 113-4, sec. 3(b)(4), 127 Stat. 54, 61-62 (to be codified at 42 U.S .C. § I 3925(b)(13)) contain prohibitions against discrimination on th e basis of religion in employment. Despite these nondiscrimination provi sions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by- case basis to permit some faith-based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients ofFinancial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement G uidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013), available at http://www.ojp.usdoj.gov//about/ocr/pdfs/lJseolConviction_Advisory.pd( Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination . In light of the Advisory, recipients s hould consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (I) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R pt. 42, subpt. E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)). 100316a HC BOC Page 36 Meeting the EEOP Requirement If your organization has less than fifty employees or receives an award ofless than $25 ,000 or is a nonprofit organization, a medical institution, an educational institution, or an Indian tribe, then it is exempt from the EEOP requirement. To claim the exemption, your organization must complete and submit Section A of the Certification Form , which is available onlinc at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf If your organization is a government agency or private business and receives an award of$25,000 or more, but less than $500,000, and has fifty or more employees (counting both full-and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form), but it does not have to submit the report to the OCR for review. instead, your organization bas to maintain the Utilization Report on file and make it available for review on request. In addition , your organization has to complete Section B of the Certification Form and return it to the OCR The Certification Form is available at http ://www.ojp .usdoj.gov/about/ocr/pdfs/cert.pdf. lfyour organization is a government agency or private business and has received an award for $500,000 or more and has fifty or more employees (counting both full-and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form) and subm it it to the OCR for review within sixty days from the date of this letter. For assistance in developing a Utilization Report, please consult the OCR's website at http ://www.ojp.usdoj.gov/about/ocr/eeop.htm. In addition, your organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj .gov/about/ocr/pdfs/cert.pdf. To comply with the EEOP requirements, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 307-0690, by TTY at (202) 307-2027, or by e-mail at EE0submisson@usdoj.gov. Meeting the Requirem ent to Submit Findings of Discrimination If in the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race, color, national origin, religion, or sex, after a due-process hearing, from a state or fe deral court or from a state or federal admin istrative agency, your organization must send a copy of the finding to the OCR. Ensuring the Compliance ofSubrecipients SAAs must have s tandard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights laws. lo addition, SAAs must submit to the OCR every three years written Methods of Administration (MOA) that summarize the pol icies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement, see http ://www.ojp.usdoj.gov/funding/other_requirements.btm . If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance, please contact us . Sincerely, Michael L. A lston Director cc : Grant Manager Financial Analyst 100316a HC BOC Page 37 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance I. RECIPIENT NAME AND ADDRESS (Including Zip Code) County of Harnett P.O. Box 759 Lillington. NC 27546 2a. GRANTEE IRSNENDOR NO. 103510006 2b. GRANTEE DUNS NO. 799829242 3. PROJECT TITLE Technology Improvement 12. SPECIAL CONDITIONS PAGE I OF 13 Grant 4. AWARD NUMBER: 2016-DJ-BX-1065 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 6. AW ARD DATE 09107/2016 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AW ARD AMOUNT 10. AMOUNT OFTIIIS AWARD II.TOTAL AWARD 10/01/2015 TO 09/30/2017 10/01/2015 TO 09/30/2017 7.ACTION Initial $0 $22,240 $22,24 0 THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE A TI ACHED PAGE(S). 13 . STATLITORY ALITHORITY FOR GRANT This project i s supponed under FYI 6(BJA -JAG) 42 USC 3750, et seq. 14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Num ber) 16. 738 -Edward Byrne Memorial Justice Assistance Grant Program 15 . METHOD OF PAYMENT GPRS AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Denise O'Donnell Director 17. SIGNATURE OF APPROVING OFFICIAL ~ I • ~ ;--' ,... •· 'i GRANTEE ACCEPTANCE 18 . TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Joseph Jeffries City Manager 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASS!FICATION CODES 2 1. RDJUGT0923 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNf X B DJ 80 00 00 22240 --------------------' OJP FORM 400012 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 400012 (REV. 4-88) 100316a HC BOC Page 38 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AW ARD CONTINUATION SHEET PAGE 2 OF 13 Grant PROJECT NUMBER 2016-DJ-BX-1065 AWARD DATE 09/07/2016 SPECIAL CONDITIONS I. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice (DOJ) in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this 2016 award from the Office of Justice Programs (OJP). The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this 20 16 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded in 2014 or earlier years), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this 2016 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the Office of Justice Programs (OJP) website at hnp://ojp.gov/funding/Part200UniformRequirements.htrn. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from , the provisions of the Part 200 Uniform Requirements , the recipient is to contact OJP promptly for clarification. 2. Compliance with DOJ Grants Financial Guide The rec ipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the OJP website (currently , the "2015 DOJ Grants Financial Guide"), including any updated version that may be posted during the period of performance. 3. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successful ly completed an "OJP financial management and grant adm inistration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January I , 20 15, will satisfy this condition. ln the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after --(I) the date ofOJP's approval of the "Change Grantee Contact" GAN (in the case ofa new POC), or (2) tlte date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January I , 2015, will satisfy this condition. A list ofOJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at hnp://www.ojp.gov/training/fints.htrn . All trainings that satisfy this condition include a session on grant fraud prevention and detection The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fai ls to comply with this condition. The recipient's failure to comply also may lead OJP to intpose additional appropriate conditions on this award. .:,:,:-:f-:•:-:-:-: ::::::::{::::::::: >•1~:~:~:~:::: .......... . . . . . . . . . ' :-:-:-:-[.:, :-: ::-: : '------------------------------------------------'--'-- OJP FORM 4000/2 (REV. 4-88) :::c fA "'-:DC, mZ 100316a HC BOC Page 39 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2016-DJ-BX-1065 AW ARD CONTrNUATION SHEET Grant AWARD DATE 09/07/2016 SPECIAL CONDITIONS 4. Requirements related to "de minimis" indirect cost rate PAGE 3 OF 13 A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minim is" indirect cost rate described in 2 C.F.R. 200.4 14(1), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements . The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 5. Requirement to report potentially duplicative funding If the recipient currentl y has other active awards offederal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, ifso requested by DOJ awarding agency , must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 6. Re quirements related to System for Award Management and Unique Entity Identifiers The recipient must comply with applicable requirements re garding the System for Award Management (SAM), currently accessible at http ://www.sam.gov. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on s ubawards ("subgrants") to first-tier s ubrecipients (firs t-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipi ent) the unique entity identifier required for SAM registration. The detail s of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at http://ojp.gov/funding/Explore/SAM.htm (Award conditio n: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here . This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 7. All subawards ("subgrants") mu st have specific federal authorization The recipient, and an y s ubre c ipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of an y subaward. Thi s condition applies to agreements that --for purposes of federal grant s administrative requirements --OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are pos ted on the OJP web s ite at http ://ojp .gov/funding/Explore/SubawardAuthorization.htm (Award condition: Award Condition: All s ubawards ("subgrants") must have spec ific federal authorization), and arc incorporated by reference here . . ........ . . . . . . . . . . . . . . . . . . . . >ie+i:i:i:i:~~~ ·.·~·.·.·.·.·.· . . . · .· .·t· .·.·.·.·.· . . . · .· .·.·.·.·.·.·.· . . . . . . . . . . . . . . . . . . . . . '------------------------______________________ .-_•___:•:._• ...... . OJP FORM 4000/2 (REV. 4-88) 100316a HC BOC Page 40 U.S . Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NU MBER 2016-DJ-BX-1065 AWARD CONTINUATION SHEET Grant AWARD DATE 09/07/2016 SPECIAL CONDITIONS PAGE 4 OF 13 8. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $150,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that --for purposes of federal grants administrative requirements --OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at http://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $150,000)), and are incorporated by reference here. 9 . Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at http ://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here . I 0. Compliance with applicable rules regarding approval , planning, and reporting of conferences, meetings, trainings , and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws , regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences . Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently , as section 3.10 of"Postaward Requirements" in the "2015 DOJ Grants Financial Guide"). 11. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of activities under this award. The data must be provided to OJP in the manner (including within the timefrarnes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Re s ults Act (GPRA) and the GPRA Moderniz ation Act, and other applicable laws . 12 . OJP Training Guiding Principles .. · .· .· .· .·.·. t •••••• I o O • ·.·.•.•,•,•.• <i:\i/: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~---------'-:~~~~~~:::~:~:~:~:~:\ Any training or training material s that the recipient --or any subrecipient ("subgrantee") at any tier --develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, a vailable at http ://ojp.gov/funding/ojptrainingguidingprinciples.htm. OJJ> FORM 4000/2 (REV. 4-88) zcn ... -:DC, ...z 100316a HC BOC Page 41 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2016-DJ-BX-1065 AWARD CONTINUATION SHEET Grant AWARD DATE 09/07/2016 SPECIAL CONDITIONS 13 . Effect of failure to address audit issues PAGE 5 OF 13 The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds , or may impose other related requirements, if (as detennined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews ofDOJ awards. 14 . The rec ipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. 15 . Compliance with DOJ regulation s pertaining to civil rights and nondiscrimination -28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of28 C.F .R. Part 42 that relate to an equal employ ment opportunity program. 16 . Compliance with DOJ regulation s pertaining to civil ri ghts and nondi scri mination -28 C.F.R. Part 38 The recipient, and an y subrecipient ("subgrantee") at any tier, must comply with all appli cable requirements of28 C.F.R . Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and p ros pective program benefic iaries. Part 3 8 of28 C.F.R., a DOJ regulation, was amended effective May 4, 2016. Among other things, 28 C .F.R. Part 38 includes rules that prohibit s pecific forms of discrimination on the basis of religion, a relig ious belief, a refus al to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and s ubrecipient ("subgrantee") organizations that e ngage in or conduct explicitly religious activities, as well as rul es and require ments th at pertain to recipients and s ubrecipients that are faith-based or relig ious organizations. The text of th e re g ulation, now entitl ed "Partnerships with Faith-Based and Other Neighborhood Organizations," is available via the Electronic Code offed eral Regulations (currently accessible at http://www.ecfr .gov/cg i- bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. 17 . Restrictions on "lobbying" Federal funds may not be used by the recipient, or an y s ubrecipient ("subgrantee") at any ti er, either directly or indirec tl y, to s upport or oppose the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government. Should any question ari se as to whether a particular use offederal funds by a recipient (or subrecipient) would or might fall within the scope of this prohibition, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval o f OJP. OJP FORM 4000/2 (REV. 4-88) .... . . . . . . . . . ... . . . . . . . . . :-·{fr .... ,: ......... . . :.· .· '(·j4(:: . : ... : . : . : . : .... : . : .... . . . . . . . . . . . . . . . . . . . . · ... 100316a HC BOC Page 42 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2016-DJ-BX-1065 A WARD CONTINUATION SHEET Grant AWARD DATE 09/07/2016 SPECIAL CONDITIONS 18 . Compliance with general appropriations-law restrictions on the use of federal funds (FY 2016) PAGE 6 OF 13 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2016, are set out at http ://ojp .gov/fuoding/Explore/FY2016- AppropriationsLawRes trictions.htm , and are incorporated by reference here. Should a question arise as to whether a particular use offederal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval ofOJP. 19. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal , employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award --(I) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation oflaws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under thi s award should be reported to the OIG by--(I) mail directed to : Office of the Inspector General, U.S . Department of Justi ce, Investigations Division , 950 Pennsyl vania Avenue, N .W. Room 4706, Washington, DC 20530; (2) e-mail to: oig.hotline@usdoj .gov; and/or (3) the DOJ OIG hotlin e: (contact information in Engli sh and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at http://www.usdoj.gov/oig. OJP FORM 4000/2 (REV. 4-88) 100316a HC BOC Page 43 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2016-DJ-BX-1065 AWARD CONTINUATION SHEET Grant AWARD DATE 09/07/2016 SPECIAL CONDJ110NS 20. Restrictions and certifications regarding non-disclosure agreements and related matters PAGE 7 OF 13 No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, lo contravene requirements applicable to Standard Fonn 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. I. In accepting this award, the recipient-· a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otheiwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or othenvise restrict ( or purport to prohibit or restrict), reporting of waste, fraud , or abuse as described above, it will immediately stop any further obligations of award funds , will provide prompt written notification to the federal agency making this award, and will resume (or pennit resumption of) such obligations only if expressly authorized to do so by that agency. 2. 1 f the recipient does or is authorized under this award lo make subawards ("subgrants"), procurement contracts, or both-- a. it represents that-· ( 1) it has detennined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaw ard ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or bas required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict ( or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otheiwise bas an adequate factual basis, to support this representation; and b . it certifies that, if it teams or is notified that any subrecipient, contractor, or subcontractor entity that receives fund s under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict ( or purport to prohibit or restrict), reporting of waste, fraud , or abuse as described above, it will immediately slop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. OJP FORM 4000/2 (REV. 4-88) 100316a HC BOC Page 44 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NU MBER 2016-DJ-BX-1065 AWARD CONTINUATION SHEET Grant AWARD DATE 09/07/2016 SPECIAL CONDITIONS 21. Compliance with 41 U .S.C . 4712 (including prohibitions on re prisal; notice to employees) PAGE 8 OF 13 The recipient must comply with, and is subject to, all applicable provisions of 41 U.S .C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as repri sal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste o f federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a v iolation oflaw, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and re medies under 41 U.S.C. 4712. Should a question arise as to the applicability of th e provisions of 4 1 U.S. C. 4 712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 22 . Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driv ing any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and condu ct education, awareness , and other outreach to decrease crashes caused by dis tracted drivers. 23. The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO o n all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits . The recipient agrees to provide to BJA and OCFO a ll documentation necessary to complete monitoring tasks, including documentation related to any s ubawards made under this award. Further, th e reci pient agrees to abide by reasonable deadlines set by BJA and OCFO for providing th e requested doc uments. Failure to cooperate with BJA's/OCFO's g rant monitoring activities may re sult in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds ; referral to th e Office of the In spector General for audit review; designation of the rec ipient as a DOJ High Risk g rantee; or termination of an award(s). 24. Program income (as defmed in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Fin ancial Report, SF 425. 25. In order to promote information s haring and enable interoperability among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information S haring lnitiative (DOJ's G lobal) g uidelines and recommendations for thi s part icul ar grant. Grantee shall conform to the G lobal Standards Package (GSP) and all constituent elements, where appli cable, as described at: http://www.it.ojp.gov/gsp__grantcondition. Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 26. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such system s shall employ, to the extent poss ible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the -====•==....,-==--=-,J functionality ofan existing or proposed IT syste m. < ____ ...;------·-" OJP FORM 4000/2 (REV. 4-88) 100316a HC BOC Page 45 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2016-DJ-BX-1065 AWARD CONTINUATION SHEET Grant AWARD DATE 09/07/2016 SPECIAL CONDITIONS PAGE 9 OF 13 27. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, C riminal Intelligence Systems Operating Policies, ifOJP determines this regulation to be applicable. Should OJP determine 28 C .F.R. Part 23 to be applicable, OJP may, at its discretion, perform aud.its of the system, as per the regulation . Should any v iolation of28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S .C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds . 28. Grantee agrees to comply with the requirements of28 C.F.R. Part 46 and all Office of Justice Programs polic ies and procedures regarding the protection of human research subjects, including obtainment of In stitutional Review Board approval , if appropriate, and subject informed consent. 29. Grantee agrees to comply with all confidentiali ty requirements of 42 U.S.C. section 3789g and 28 C .F .R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees , as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of28 C.F.R. Part 22 and, in particular, section 22.23. 30. Award recipients must verify Point ofContact(POC), Financial Point of Contact (F POC), and Authorized Represen tative contact infomiation in GMS, including telephone number and e-mail address . If any information is incorrect or has changed, a Grant Adjustm ent Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 3 1. The grantee agrees that within 120 days of award acceptance, each current member of a law enforcement task force funded with these funds who is a t ask force commander, agency executive, task force officer, or othe r t ask force member of equivalent rank, wi.11 complete required online (internet-based) task force training. Additionall y, all future task force members are required to complete this training once during the life of thi s award, or once every four years if multiple awards include this requirement. The training is provided free of charge online through BJ A's Center for Task Force Integrity and Leadership (www.cttli.org). This training addresses task force effectiveness as well as other key issues including p rivacy and c ivil liberties/rights, task force performance meas urement, personnel selection, and task force oversight and accountability. When BJA funding s upports a task force , a task force personnel roster should b e compiled and maintained , along with course completion certificates, by the grant recipient. Additional inform ation is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 32. The recipient agrees to participate in BJA-sponsored training events, techni cal assistance events, or conferences he ld by BJA or its des ignees, upon BJA's request. 33 . Approval of this award does not indicate approval of any consultant rate in excess of$650 per day. A detailed justification must be submitted to and approved by the Office of Jus tice Programs (OJP) program office prior to obligation or expenditure of such funds. < OJP FORM 4000/2 (REV. 4-88) J 100316a HC BOC Page 46 U.S. Deparnneot of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2016-DJ-BX-1065 AWARD CONTINUATION SHEET Grant AWARD DATE 09/0712016 SPECIAL CONDITIONS PAGE JO OF 13 34. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds , either directly by the grantee or by a subgrantee. Accordingly , the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. lfit is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds . That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds , this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a I 00-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places ; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine metharnphetarnine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation ofan Environmental Assessment and/or an Environmental Impact S tatement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http://www.ojp.usdoj .gov/BJA/resource/nepa.html , for programs relating to metharnphetamine laboratory operations. Application ofThis Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 35. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund , including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the grant funds in the trust fund (including any interest earned) during the period of the grant and expend within 90 days thereafter. Any unobligated or unexpended funds , including interest earned, must be returned to the Office of Justice Programs at the time of closeout. 36. JAG funds may be used to purchase vests for an agency, but they may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program. 37. Ballistic-resistant and stab-resistant body armor purchased with JAG funds may be purchased at any threat level, make or model , from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List (http://oij .gov). In addition , ballistic-resistant and stab-resistant body armor purchased must be A.merican- made. The latest NU standard information can be found here : http ://www.nij.gov/topics/technology/body-armor/safety- initiative.htm. OJP FORM 4000/2 (REV. 4-88) 100316a HC BOC Page 47 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2016-DJ-BX-1065 AWARD CONTINUATION SHEET Grant AWARD DATE 09/07/2016 SPECIAL CONDITIONS PAGE II OF 13 38. The recipient agrees to submit a signed certification that all law enforcement agencies receiving vests purchased with JAG funds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies must keep signed certifications on file for any subrecipients planning to utilize JAG funds for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any JAG funding can be used b y the agency for body armor. There are oo requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while oo duty. 39. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, 0MB circulars, and guidelines, including the DOJ Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight ofsubrecipieot spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of s ubawards under this award. 40. The recipient agree s that funds received under this award will not be used to supplant State or local funds , but wilJ be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 4 I . Award recipients must submit quarterl y Federal Financ ial Reports (SF-425) and semi-annual performance reports through GMS (bttps://grants .ojp.usdoj.gov). Con s istent with the De partment's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, appl icants who receive funding under thi s solicitation must provide data that m easure the results of their work. Therefore, quarterly performance metrics reports must be s ubmitted through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed informatio n on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required J AG reports by establis hed deadlines may result in the freezing of grant funds and future High Risk designation. 42. Any la w enforcement agency receiving direct o r s ub-awarded J AG fundin g must s ubmit quarterl y accountability m etrics data related to training that officers have received on the use of force , rac ial and ethnic bias, de-escalation of conflict, and constructive engagem ent with the public. 43 . BJA strongly encourages the recipient to s ubmit annual (or more frequent) JAG s uccess stories. To submit a success story, sign in to your My BJA account at https://www.bja.gov/Login.aspx to access the Success Story Submission form . If you do not ye t have a My BJA account, please register at https://www.bja.gov/profile.aspx. Once you register, one of the available areas on your My BJA page will be "My Success Stories". Within this box, you will see an option to add a Success Story . Once reviewed and approved by BJA, all success s tories will appear on the new BJA Success Story web page at https ://www.bja.gov/S uccessStory List.aspx. 44. Recipient understands and agrees that oward funds may not be used for items that are li sted on the C ontrolled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, without explicit written prior approval from BJA. The Controlled Expenditure List, and instructions on how to request approval for purchase or acquisitions may be accessed here: https ://www.bja.gov/funding/JAGControlledPurcbaseList.pdf OJ P FORM 4000/2 (REV. 4-88) J 100316a HC BOC Page 48 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2016-DJ-BX-1065 AW ARD CONTINUATION SHEET Grant AWARD DATE 09/07/2016 SPECIAL CONDITIONS PAGE 12 OF 13 45. The recipient understands that, pursuant to recommendation 2.1 of Executive Order 13688, law enforcement agencies that acquire controlled equipment through Federal programs must adopt robust and specific written policies and protocols governing General Policing Standards and Specific Controlled Equipment Standards. General Policing Standards includes policies on (a) Community Polic ing; (b) Constitutional Policing; and (c) Community Input and Impact Considerations. Specific Controlled Equipment Standards includes policies specifically related to (a) Appropriate Use of Controlled E quipment; (b) Supervision of Use; (c) Effectiveness Evaluation; (d) Auditing and Accountability; and (e) Transparency and Notice Considerations. Upon OJP's request, the recipient agrees to provide a copy of the General Policing Standards and Specific Controlled Equipment Standards, and any related policies and protocols. 46. Recipient understands and agrees that the purchase or acquisition of any item on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, with award funds by an agency will trigger a requirement that the agency collect and retain (for at least 3 years) certain information about the use of I) any federally-acquired Controlled Equipment in the agency's inventory, and 2) any other controlled equipment in the same category as the federally-acquired controlled equipment in the agency's inventory, regardless of source; and make that information available to BJA upon request. Details about what information must be collected and retained may be accessed here: https://www.whitehouse.gov/sites/default/files/docs/le _equipment_ wg_ final_report _ final.pdf 47. Recipient understands and agrees that failui;e to compl y with conditions related to Prohibited or Controlled Expenditures may result in a prohibition from further Controlled Expenditure approval under this or other federal awards. 48. Recipient understands and agrees that award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time. The Prohibited Expenditure list may be accessed here: https://www.bja.gov/funding/JAGControlledPurchaseLi st.pdf. 49. Recipient understands and agrees that, notwithstanding 2 CFR § 200.3 13 , no equipment li sted on the Controll ed Expenditure List that is purchased under thi s award may be transferred or sold to a third party, except as described below: a. Agencies may transfer or sell any controlled equipment, except riot helmets and riot shields, to a Law Enforcement Agency (LEA) after obtaining prior written approval from BJA. As a condition of that approval , the acquiring LEA will be required to submit information and certifications to BJA as ifit w as requesting approval to use award fund for the initial purchase of items on the Controlled Expenditure List. b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. c. Agencies may not transfer or sell any Controlled Equipment purchased under this award to non-LEAs, with the exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or sale is finalized, the agency must obtain prior written approval from BJA. AU law enforcement-rel ated and other sensiti ve or potentially dangerous components, and all law enforcement insignias and identifying markings must be removed prior to transfer or sale. Recipient further understands and agrees to notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased under this award, and to abide by any applicable laws and regulations in such di sposal. 50. Recipient understands that the initial period of availability of funds for this award is two years. Recipient further understands that any requests for additional tim e for performance of this award, up to two additional years, will be granted automatically, pursuan t to 42 U.S.C. § 375 l(f) and in accordance with current fiscal year solicitation. Requests for additional time beyond a four year grant period will be subject to the discretion of the Director of the B ureau of Justice Assistance . < OJP FORM 4000/2 (REV. 4-88) J 100316a HC BOC Page 49 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2016-DJ-BX-1065 AW ARD CONTINUATION SHEET Grant AWARD DATE 09/07/2016 SPECIAL CONDITIONS PAGE 13 OF 13 51. The recipient may not expend or draw down any award funds until : (I) it has provided to the grant manager for this OJP award either an "applicant disclosure of pending appli cations" for federal funding or a specific affirmative statement that no such pending applications (whether direct or indirect) exist, in accordance with the detailed instructions in the program sol icitation, (2) OJP has completed its review of the information provided and of any supplemental information it may request, (3) the recipient bas made any adjustments to the award that OJP may require to prevent or eliminate any inappropriate duplication of funding (e .g ., budget modification, project scope adjustment), ( 4) if appropriate adjustments to a discretionary award cannot be made, the recipient has agreed in writing to any necessary reduction of the award amount in any amount sufficient to prevent duplication (as determined by OJP), and (5) a Grant Adjustment Notice has been issued removing this special condition. C OJP FORM 4000/2 (REV. 4-88) J 100316a HC BOC Page 50 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531 Memorandum To: Official Grant File From: Subject: Orbin Terry, NEPA Coordinator Incorporates NEPA Compliance in Further Developmental Stages for County of Hamett The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a I 00-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used , for example, in office, household, recreational , or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, th e preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. 100316a HC BOC Page 51 U.S. Department of Justice Office of Justice Programs Bureau of Just ice Assistance This project is supponed under FY l 6(BJA • JAG) 42 USC 3750, et seq . 1 1. STAFF COl'IT ACT (Name & telephone number) Tamaro While (202) 353-3503 1 3a. T ITL E OF THE PROGRAM 2016 Edward Byrn e Memorial Juslice Assistance Grant Program GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY PROJECT NUMBER 2016-DJ-BX-1065 Grant I PAGE I OF ---------____ , 2. PROJECT DIRECTOR (Name, address & telephone number) Gary McNeil! Major I 02 East Front Street Lillington, NC 27546-0399 (910) 893-0102 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) I, nTLEo,,.o,EC_T __________________________ ..,__ _______ ~---------1 Technology lmprovemeot 5 NAME & ADDRESS OF GRANTEE Counly of Harnett P.O . Box 759 Lillingron, NC 27546 r 7. PROGRAM PERIOD FROM: 10/01/2015 1 9.AMOUNTOFAW~ S 22,240 11. SECOND YEAR'S BUDGET TO: 09/30/201 7 8 . BUDGET PERIOD FROM: 10/01 /2015 10. DATE OF AWARD 09/07/2016 TO 09/30/2017 12. SECOND YEAR'S BUDGET AMOUNT e----------------------------l---------------------------- 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 1 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Edward Byrne Memorial Justice Assislance Grant Program (JAG) allows stares and units oflocal government, including tribes. to suppon a broad range of acti viues to preven1 and comrol crime based on their own state and local needs and conditions. Grant funds can be used for stale and local initiatives, technical assistance, training, personnel , equipmenl, supplies, contractual suppon, and information systems for criminal justice, including for any one or more of the following program areas: I) law enforcement programs; 2) prosecution and coun programs; 3) prevention and educa1ion programs; 4) corrections and community corrections programs; S) drug 1reaunem and en forcement programs; 6) plam,ing, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation) The grantee will use this 2016 JAG award 10 purchase law enforcement equipment. The project goals are to enhance police lechnology and officer safety through the replacemenl of necessary equipment. NCAINCF _J L ---- OJP FORM 4000/2 (REV 4-88) 100316a HC BOC Page 52 Board Meeting Agenda Item Agenda Item 4 -E MEETlNG DATE: November 21, 2016 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Award (sale) of Service weapon REQUESTED BY: Sheriff Coats REQUEST: Sheriff Coats request to award a Glock Model 22, 40 Caliber, Serial number CPT621 for one dolar ($ 1.00) to Sergeant James Gunter upon his retirement from the Hamett County Sheriffs Office. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: F :\20 16 20 17\Agenda award service weapon to Sgt David West.doc I of I P age 100316a HC BOC Page 54 NORTH CAROLINA HARNETT COUNTY RESOLUTION THAT, WHEREAS, James F Gunter , began his Harnett County Law Enforcement career on August 18th 2000; and WHEREAS, after sixteen years of distinguished service to Harnett County, James F Gunter will retire; and WHEREAS, according to No r th Carol i na General Statute 14 -402 and 14 -409.1 , proper permits have been obtained (as attached) in order to receive the side arm. NOW , THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that James F Gunter be awarded the following service side arm for one d ollar ( $1. 00) . Glock Model 22 Serial Number CPT62 1. Duly adopt ed t his day of , 20 ------- HARNETT COUNTY BOARD OF COMMISSIONERS Chairman ATTEST : Clerk to the Board 100316a HC BOC Page 55 Board Meeting Agenda Item Agenda Item _Y_L.-___JfL---- MEETING DA TE: October 3, 2016 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Donation of Couty vehicles to CCCC REQUESTED BY: Sheriff Coats REQUEST: See attachment FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: F:\2016 2017\Agenda award service weapon to Sgt David West.doc I of I Page 100316a HC BOC Page 56 STATE OF NORTH CAROLINA COUNTY OF HARNETT RESOLUTION AUTHORIZING DISPOSITION OF PERSONAL PROPERTY WHERAS, County of Harnett (the "County") owns the following motor vehicles, utilized by the Harnett County Sheriff's Office in connection with its public safety function: YEAR MAKE VIN 2009 Dodge 2B3KA43V79H608869 2009 Dodge 2B3KA43V49H6D8862 2009 Dodge 2B3KA43V89H608864 2009 Dodge 2B3KA43V19H608866 2009 Dodge 2B3KA43V29H608861 2009 Dodge 2B3KA43V79H608872 WHEREAS, such vehicles are now obsolete and surplus to the needs of the County; WHEREAS, said vehicles have little of any, value on the open and public market; WHEREAS, Central Carolina Community College("CCCC"), located in Lee County, could utilize such vehicles for training purposes at its Emergency Services Training Center, said Center is often used by various local governments jurisdictions within Harnett County for training purposes. WHEREAS, the transfer of such vehicles to CCCC would provide for and promote the safety and welfare of the citizens of Harnett County by affording County law enforcement personnel and other local government jurisdiction law enforcement personnel equipment to be used for training purposes. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS, that the Harnett County Sheriff shall be and is hereby authorized and directed to take any such actions as might be necessary and advisable to transfer the above-referenced vehicles to Central Carolina Community College, without consideration, pursuant to the provisions of North Carolina General Statute 153-176. Duly adopted this the __ day of ______ 2016. County of Harnett Jim Burgin, Chairman Harnett County Board of Commissioners ATIEST: (SEAL) Margaret Regina Wheeler, Clerk 100316a HC BOC Page 57 September 22 , 2016 Overview Office of the Sheriff of Harnett County Sheriff Wayne Coats www .harnettsheriff.com The Harnett County Sheriff's Office will be once again re-al igning and reducing some of the older vehicles in the fleet. All of the excess vehicles identified below were removed from the inventory due to age and excessive miles. The remaining vehicles, 2009 Dodge Chargers, are beginning to absorb costly repairs in order to continue use. Prospective sales to other agencies are very limited. These vehicles have very little value for resale , are partially roadworthy, and in excess of 159,000 miles and are not benefitting the county by remaining on the books . The partially equipped emergency equipment existing on the vehicles are part of the "strobe and separate siren , light control system". The equipment (over 7 years old) is no longer on the market and serve very little resale value to the Law Enforcement community . Proposal: Donate the following veh icles complete with partially installed Emergency Equipment to Central Carolina Community College for the purpose of Law Enforcement Training . $2,219.00 $782.00 $3001.00 2B3KA43V49H608862 2009 $2,219.00 $782.00 $3001.00 2B3KA43V89H608864 2009 $2,219.00 $782.00 $3001 .00 159857 2B3KA43V19H608866 2009 $2,219.00 $782.00 $3001.00 135739* 2B3KA43V29H608861 2009 $2,219.00 $782 .00 $3001.00 163944 2B3KA43V79H608872 2009 $1,119 .00 $ $1,119.00 Red in color with asterisk ind icate veh icle was developing transmission problems and was removed from service. Total value $16,124.00 Any questions concerning the above information, contact the undersigned at 910 893-0118. Allen G Blanchette Operations Sergeant 100316a HC BOC Page 58 Board Meeting Agenda Item Agenda Item 4 -G- MEETING DA TE: October 3, 2016 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Tentative Award of Construction Contract for Dupree Farms Waterline Extension Project REQUESTED BY: Steve Ward, HCDPU Director REQUEST: Thi s is a formal request for the Board to tentatively award the constructon bid for the Dupree Farms Waterline Extension Project to Herring-Rivenbark, Inc. from Kinston, NC in the amount of $85 ,950. A copy of the certified bid tabulations and tentative recommendation of award from the engineer is included for your review. The award i s contingent upon the receipt of several permits before construction can begin and is time senstive due to the grant conditions. The total project budget is estimated to be $132 ,000 and funding will consist o f $125 ,000 from the NC Dept of Commerce and the re mainder o f$7,000 from HCDPU reserves. Pl e ase place this item on the agenda at the next available Board meeting. FINANCE OFFICER'S RECOMMENDATION : COUNTY MANAGER'S RECOMMENDATION: C:\Users\gwheeler\AppDat a\Local\Mic rosoft\ Wi ndows\lNetCache\Content.Outlo ok\TPTEQC L V\Dupree Fa rm s Wate rlin e Extens ion Con stru cti o n Award Agenda Requ est 9-26-16 .doc Page I of 2 100316a HC BOC Page 59 I Dewberry· September 23 , 2016 Mr. Steve Ward Director Harnett County Department of Public Utilities 700 McKinney Parkway Lillington, NC 27546 RE: Letter of Recommendation for Tentative Award Dupree Farms Water Main Extension Dear Mr. Ward: Dewberry Eng inee rs Inc. 2610 Wycliff Road , Suite 410 Raleig h, NC 27607 919.881 .9939 919.881 .9923 fax www.dewberry.com Bids for the Dupree Farms Water Main Extension were received on Thursday, September 22, 2016 at 2:00 pm at the Harnett County Department of Public Utilities Office located at 700 McKinney Parkway, Lillington, NC. After declaring bidding closed, it was noted that four bidders had submitted bid proposals for the project. Three of the four bidders were present for the bid opening. Each of the four bid proposals were then opened and read aloud. Subsequent to the bid opening, Dewberry Engineers Inc. (Dewberry) has reviewed and analyzed the four bids received . It is our opinion that all four bidders submitted responsive, responsible bids. A summary of each base bid proposal is provided below and the Certified Bid Tabulation is enclosed for your reference. Bidder Location Total Base Bid Herring-Rivenbark, Inc. Kinston, NC $85,950.00 Utilities Plus, Inc. Linden, NC $109,216-41 Sandhills Contractors, Inc. Sanford, NC $124,726.00 Sanford Contractors, Inc. Sanford, NC $169,304.80 The Dupree Farms Water Main Extension project will provide approximately 3,100 linear feet of 6-inch water main beginning at the intersection NC 210 and Peardige Road and extending north along Pearidge Road to the entrance to the Dupree Farms sweet potato packing facility. The water main extension is required to provide a water service which will supply continuous demands to the Dupree Farms sweet potato packing facility. The continuous demands are identified as being the domestic and brush was demands and equate to approximately 60 gallons/minute. Dewberry recommends a tentative award of this Contract for the Dupree Farms Water Main Extension project to Herring-Rivenbark, Inc., the apparent low, responsible, responsive bidder on the bas is of the base bid amount. The Contract award will be for the amount of $85,950.00. The tentative award should include the following conditions: 1. Approval of NCDOT Encroachment Agreement; 2. Approval of NCDEQ Public Water Supply Section Authorization to Construct; and 3 . Approval of NCDEQ Land Quality Section Sedimentation and Erosion Control Permit. Page 1 of 2 100316a HC BOC Page 60 Mr. Steve Ward Dupree Farms Water Main Extension Letter of Recommendation for Tentative Award September 23 , 2016 This project is being funded by the NC Department of Commerce Rural Economic Development Division ($125,000.00) and Harnett County Department of Public Utilities ($7,000.00). The total funding available from these sources for construction of the water main is $132,000.00. A summary of the construction funding is provided below: Total Construction Budget ....................................................... $132,000.00 Construction Contract (tentative award) ................................... (85,950.00) Remaining Construction Budget Contingency .......................... $46,050.00 Should have you have any questions or comments, please call me at (919) 424-3770. Sincerely, Dewberry Engineers Inc. Matthew B. West , P.E., LEED AP BD+C Associate Enclosures: Bid Tabulation Cc: Ben Nuesmeyer, Harnett County Shane Cummings, Harnett County Nick Dula , Harnett County Skip Green, Skip Green & Associates P:\500 85235\Adm \Corresp ondenc'C\l..etters\2016.09.23 • Recommen da tion of Tentative Award Letter for Dupree Fann s Water Main.docx I Dewberry· Pa ge 2 of 2 100316a HC BOC Page 61 BI D TA B U L A T I O N OW N E R : Ha r n e t t Co u n t y , N o r1 h Ca r o l i n a PR O J E C T: Du p r e e Fa r m s Wa t e r Ma i n Ex t e n s i o n LO C A T I O N : Ha r n e t t Co u n t y Pu b l i c Ut i l i t i e s , 70 0 Mc K i n n e y Pk w y , Li ll i n g t o n , NC 27 5 4 6 BI D OP E N I N G DA T E : Se p t e m b e r 22 , 20 1 6 Li n e De s c r i p t i o n Ge n e r a l 1 Mo b i l i z a t i o n (L i m i t e d to 1. 5 % To t a l Bi d ) 2 Cl e a r i n g an d Gr u b b i n g (3 1 1 o 00 ) 3 Si l t Fe n c e (3 1 32 11 ) 4 Si l t Fe n c e Ou t l e t (3 1 32 11 ) 5 Wa t t l e (3 1 32 1 1 ) 6 Ro l l e d Er o s i o n Co n t r o l Pr o d u c t (3 1 32 11 ) 7 Ma i n t e n a n c e of Er o s i on Co n t r o l De v i c e s (3 1 32 11 ) Wa t e r 8 6" Wa t e r Ma i n (S D R - 2 1 PV C } (3 3 11 00 ) 9 6 ' Ga t e Va l v e (3 3 11 00 ) 10 12 " St e e l Ca s i n g Bo r e & J ac k (3 3 11 00 ) 1 1 6" Ca r r i e r Pi p e (D IP ) w / Fi e l d Lo k Ga s k e t s (33 11 00 ) Te s t in g . Cl e a n up an d Se e d i n g fo r 6' Wa t e r Li n e (U n i t Pr i ce 12 sh a l l no t be l es s th a n 15 % of th e un i t pr i c e fo r th e PV C wa t e r ma i n ) (3 3 11 00 ) 1 3 6 ' Ta p p i n g Va l v e an d Sl e e v e (3 3 11 00 ) 14 2" Bl o w Of f As s e m b l y (3 3 11 00 ) 15 2" Wa t e r Me t e r As s e m b l y (3 1 11 00 ) 16 Tr a f f i c Co n t r o l (3 3 11 00 ) 17 Dr y Bo r e of Dr i v e w a y s (3 3 11 00 ) 18 Re p a i r of Un p a v e d D ri v ew a y s an d Ro a d s 19 St a b i l i t y St o n e (3 1 23 00 ) TO T A L BA S E BI D PR I C E By : 1J : l f ! f ! : : I · tJ r t - De w b e r r y En g i n e e rs I nc . 26 1 O Wy c l i f f Ro a d , Su i t e 41 O Ra l e i g h . NC 27 6 0 7 NC B E L S # F- 0 9 2 9 Pa v Un i t JO B JO B LF EA EA LF JO B LF EA LF LF LF EA EA EA JO B EA SY L F He r r i n g - R i v e n b a r k . In c . Ut il i t i e s Pl u s Sa n d h i l l s Co n t r a c t i n g San f o r d Contractors , In c . Ki n s t o n , NC Li n d e n , NC Sa n f o r d , NC Sanford , NC Qu a n t i t y Un i t Pr i c e To t a l U ni t Pr i c e To t a l U n it Pr i c e To t a l Unit P r ice Tota l 1 $1 , 2 5 0 .0 0 $1 ,25 0 . 0 0 $1 ,50 0 . 0 0 $1 , 5 0 0 . 0 0 $1 ,20 0 . 0 0 $1 ,200.00 $2,250.00 $2,250 .00 1 1 ,50 0 .0 0 1 ,50 0 . 0 0 1, 0 00 . 0 0 1, 0 00 . 0 0 1, 8 0 0 . 0 0 1 ,800 .00 4,540.00 4,540 .00 3 ,10 0 3. 0 0 9, 3 0 0 . 0 0 3. 9 5 12 , 2 4 5 . 0 0 4. 0 0 12 , 4 0 0 . 0 0 3.67 11 ,3 77.00 13 25 0 . 0 0 3, 2 5 0 . 0 0 25 4 . 8 2 3, 3 1 2 . 6 6 54 . 0 0 702.00 330.00 4 ,290 .00 5 80 . 0 0 40 0 . 0 0 81 . 5 3 40 7 . 6 5 12 6 . 0 0 630 .00 300.00 1,500.00 20 10 . 00 20 0 . 0 0 8. 4 0 16 8 . 0 0 7. 0 0 140.00 25 .00 500.00 1 1 ,50 0 . 0 0 1 ,50 0 . 0 0 1 ,00 0 . 0 0 1, 0 0 0 . 0 0 60 0 .00 600.00 5,370.00 5 ,370.00 3 ,06 0 $1 2 .50 $3 8 ,25 0 . 0 0 $1 7 . 6 2 $5 3 , 9 1 7 . 2 0 $2 0 . 0 0 $6 1 ,200.00 $29.28 $89,596.80 1 1, 0 25 .0 0 1 ,02 5 . 0 0 1 ,07 9 . 6 4 1, 0 7 9 . 6 4 1 ,33 2 . 0 0 1,332 .00 1 ,315 .00 1 ,315.00 35 18 5 . 0 0 6, 4 7 5 . 0 0 1 72 . 0 2 6, 0 2 0 . 7 0 29 6 .0 0 1 0,360 .00 304 .00 10 ,640 .00 40 33 . 5 0 1 ,3 4 0. 0 0 70 . 0 0 2, 8 0 0 . 0 0 27 .00 1 ,080.00 53 .0 0 2 ,120.00 3 ,10 0 2 .00 6 ,20 0 .0 0 4. 1 5 12 ,86 5 .00 4 .00 12 ,400.00 4 .8 1 14 ,911 .00 1 3 ,22 5 .00 3, 2 2 5 . 0 0 2, 7 1 3 .68 2 ,71 3 . 6 8 4 ,16 1 . 0 0 4 ,16 1 .00 4 ,655.00 4 ,655.00 1 2, 3 8 5 . 0 0 2 ,38 5 . 0 0 1, 3 9 3 . 0 0 1 ,39 3 . 0 0 1 ,52 6 . 0 0 1,526.00 3 ,360.00 3 ,360.00 1 3, 4 7 5 .00 3. 4 7 5 . 0 0 3 ,66 3 .3 8 3 ,66 3 . 3 8 3, 4 3 0 . 0 0 3 , 4 3 0 . 0 0 3 ,975.00 3 ,975 .00 1 50 0 . 0 0 50 0 . 0 0 2 ,00 0 . 0 0 2 ,00 0 . 0 0 6 ,72 0 .00 6,720.00 3 ,30 0 .00 3 ,3 00.0 0 2 60 0 . 0 0 1 ,20 0 . 0 0 75 0 . 0 0 1 ,50 0 . 0 0 1 ,35 0 . 0 0 2 ,700.00 1.035.00 2,070.00 85 35 . 0 0 2, 9 7 5 . 0 0 13 .3 0 1 ,13 0 .5 0 17 . 0 0 1,445.00 31.00 2 ,635 .00 10 0 15 . 0 0 1 .50 0 .00 5. 0 0 50 0 .00 9. 0 0 900.00 9.00 900.00 $8 5 ,95 0 .00 $1 0 9 , 2 1 6 . 4 1 • $1 2 4 , 7 2 6 . 0 0 $169,304.80 •corrected \ \ I I I I) r er e by ce r 1 if y th e ab o v e Bi d Ta b u l a t i o n to be an ac c u r at e ta b u l a t i o n of t he Bids received . ~,i ~ ~ .~~ i 6 11 1 / , , ~ ° Q ~ :: : : 0 3 0 9 1 : :: : - - ,. , - . ~ . 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( , , : ; ; , ~ 1 11 1 CW B . ~' ' . \ ' ' D o f f 11 ' 11 ! • i \ I \ \ \ \ -, 21 Jto 100316a HC BOC Page 62 09/09/2016 12 :0 1 FAX 9108144560 Ha rn e tt _Clerk_of_Court Board Meeting Agenda Item Agenda Item __ 4-..1..._-_,AHL...L---- MEETING DATE: October 3, 2016 TO : HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Authorization to receive from Joint Adult Drug Court Grant Progra1n funds in the amount of $969,110 .89 from SAMHSA and $397,006 .58 from BJA for a combined amount ofSl,366,117.47 REQUESTED BY: Marsha Johnson, Clerk of Superior Court on behalf of Harnett County Veterans Treatment Court REQUEST: Hamett Coiuny Veterans Treatment Court (aka District l lA Veterans Treatment Court) would like authorization to receive from Joint Adult Drug Court Grant Program funds in the amount of $969,110.89 from SAMHSA and $397,006.58 from BJA for a combined cost of $1,366,117.47 to enhance the existing veterans treatment court that has operated in Hamett Cowity since November of 2013 . These grant monies will enable the court to order mental health and substance use disorder services for non-violent veterans in crisis who are unable to utilize the Veterans Administration services, or have logistical challenges that prevents compliance with VA services. There are only 10 of these grants awarded across the United States and this court is extremely fortunate to have received the grant award . This is a three (3) year grant and will expire on October l> 2019. No county matching fwids required. C:\Users\C42ML.I\AppDo.to\J..ocal\Microsoft\ Windows\Temporruy Internet 1:ilcs\CoMenL Outlook\OC.R4XX I B\ogendoforrn2016. doc Pugel of2 100316a HC BOC Page 63 09 /09/2016 12 :0 1 FAX 9108144560 Harnett_Cle rk _of_Co ur t Notice of Award 6JA Drug Court 2018 Issue Date: 08/3 1/2016 Department of Health and Hurnan Services Substance Abuse and Mental Health Services Administration Center for Substance Abuse Treatment Grant Number; 1 H79TI026776-01 FAIN: TI026778 Program Director: Mark Teachey Project Title: The Harnett county Veterans Treatment Court Grantee Address COUNlY OF HARNETI VETERANS TReATMENT COURT Harnett Cnty Courthouse • VTC Admin Office 301 West Cornellus Harnett Blvd LIiiington. NC 275460008 Budget Period: 09/30/2016 -09129/2017 Project Period : 00/30/2016 -09/29/2019 Dear Grantee : Business .Address District 11A Veterans Treatment Court Clerk of Couii 301 West Corr,elius Harnett Blvd LIiiington , NC 27S46000S The Substance Abuse and Mental Health Services Admin istration hereby awards a grant in the amount of $322,277 (see •Award Calculation " In Section I and "Terms and Conditions• in Section Ill) to COUNTY OF HARNETI VETERANS TREATMENT COURT in support of the above referenced project. This award Is pursuant to the authority of 42 USC 3797u et seq . & 509 of the PHS Act as amended and is subject to the requirements of th is statute and regulation and of other referenced. Incorporated or attached terms and condit ions. Award recipients may access the SAMHSA website at www.samhsa .gov {cl ick on "Grants ' then SAMHSA Grants Management), which prov ides information relating to the Division of Payment Management System, HHS Division of Cost Allocation and Postaward Administration Requ irements. Please use your grant number for reference . Acceptance of this award Jncludlng the "Terms and Conditions • is acknowledged by the grantee Whan funds are drawn down or otherwise obtained from the grant payment system . If you have any questions about this award, please contact your Grants Management Spec ialist and your Government ProJeet Officer fisted In your terms and condltfons . Sincerely yours. Roger George Grants Management Officer OIYlslon or Grants Management See additional information below Page-1 ~ 005/009 100316a HC BOC Page 64 09/0 9/2016 12:0 1 FAX 91 0814 4560 Harnett _Clerk_of _Co u rt SECTION 1-AWARD DATA -1 H79Tf026778-01 Award Calculatlon (U .S. Dollars} Salaries and Wages Fringe Beneflts Per..onnel Costs (Subtotal) Supplles Consortium/Contractual Cost Travel Costs Other Direct Cost Approved Budget Federal Share Curnulatlve Prior Awards for this Budget Period AMOUNT OF THIS ACTION (FEDERAL SHARE) 1 2 3 SUMMARY TOTALS FOR ALL YEARS AMOUNT $322,277 $323,052 S323 ,782 $98,831 $31,348 $130,179 $4 ,825 $117,099 $3,ns $66,439 S322,277 $322,277 $322,277 $0 $322,2,7 ·Recommended Mure year total cost support , subj ect to the availability of fvnds and sat isfactory i:,rogress of the project. F1scal lnfo,matlon: CFOA Number: EIN: Document Number: Fiscal Year: IC Tl IC Tl CAN CAN C96N304 C96N304 Tl Administrative Data: 93.243 1566000306A 1 18Tt2S778A 2016 322 277 PCC; EADC·SCT / OC: 4145 Amount $322,277 323 052 SECTION II-PAYMENT/HOTLINE INFORMATION-1H79TI026778·01 323782 Payments under this award will be made available th rough the HHS Payment Management System (PMS). PMS is a centralized grants payment and cash management system, operated by the HHS Program Support Center (PSC), Division of Payment Management (DPM). Inquiries regarding payment should be directed to: The Division of Payment Management System . PO Box 6021 , Rockv!lle , MD 20852 , Help Desk Support -Te lephOne Number: 1 -877-614-5533 . Tha HHS Inspector General mainta ins a tol l-free hotline for receiving information concern ing fraud, waste , or abuse under grants and cooperative agreements. The telephone number is : 1· 800-HHS-TIPS (1-600-447-8477). The malling address is : Office of Inspector General, Page-2 ~ 006/009 100316a HC BOC Page 65 09/09/2016 12 :02 FAX 9108144560 Harnett_Clerk_of_Court Department of Health and Human Serv ices , Attn : HOTLINE , 330 Independence Ave ., SW, Washington, DC 20201 . SECTION Ill -TERMS ANO CONDITIONS -1H79TI026778-01 This award is based on the application submitted to , and as approved by, SAMHSA on the above-tltle project and is subject to the terms and conditions incorpo<ated either directly or by reference in the following: a. The grant program legislation and program regulation cited In this Notice of Award. b. The restrictions on the expend iture of federal funds In appropriations acts to the extent those restrictions are pertinent to the award . c. 45 CFR Part 75 as applicable . d. The HHS Grants Policy Statement. e. This award notice , INCLUDING THE TERMS AND CONDITIONS CITED BELOW. Treatment or Program Income: Additional Costs In accordance with the regulatory requirements provided at 45 CFR 75.113 and Append ix XII to 45 CFR Pert 75, rec ipients that have currently ac:tlve Federal grants, cooperative agreements, and procurement contracts with cumulative tota l value greater than $10 ,000,000 must report and maintain information in the System for Award Management (SAM) about civil, criminal, and administrative proceedings in connection with the award or performance of a Federal award that reached final disposition within the most recent five-year period . The recipient must also make semiannual disclosures regarding such proceedings. Proceedings information will be made publicly available In tne des ignated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)). Full reporting requirements and procedures are found In Appendix XII to 45 CFR Part 75. SECTION IV -Tl Special Terms and Conditions -1 H79TI026778-01 REMARKS: As a reminder all SAMHSA official notifications will be electronically malled to your organization's Bus in ess Official address as identified in the HHS Checklist , Part C. Th is award reflects approval of the revised budget submitted on 8/18/16 as part of the application . SPECIAL TERM(s) OF AWARD: Disparity Impact Statement (DIS): By November 30, 2016, you must: Submit an electronic copy of a disparity Impact statement to the Government Projeet Officer (GPO) and Grants Management Specialist (GMS) as identified under Contacts on this notice of award . The disparity impact statement should be cons istent with Information in your application regarding access. ·setvlce use and outcomes for the program and include three components as described below. Questions about the disparity Impact statement should be directed to your GPO . Examples of disparity impact statements can be found on the SAMHSA website at http:1twww,samhsa,qov/9rants/grants-managemenud1sper1ty -lmpact-statement. •service use is Inclus ive of treatment services, prevention services as well as outreach , Page-3 ~•\Mlf"',\ "l '•\V!''r••,,,•11 ,. 11':,1 :1111 11 i, t Hl(,t,t1-,,,,r-.1 1>11 Vt 11 1'Jtlt .. 1111: 1~ @ 007 /009 100316a HC BOC Page 66 09/09/20 16 12 :02 FA X 9108144560 Harnett_Clerk_of_Court engagement , training andlor technica l assistance activities . The disparity impact statement, in response to the Special Term of Award, consists of three components: 1. Proposed number of indlvlduals to be served by subpopulations in the grant implementation area should be provided in a table that covers the entire grant period. The disparate population(s) should be identified In a narrative that includes a description of the population and rationale for how the determination was made . 2. A quality improvement plan for how you will use your program (GPRA) data on access , use and outcomes to monitor and manage program outcomes by race, ethnicity and LGBT status, when possible. The quality Jmi,rovement plan should include strategies for how i,rocesses and/or programmatic adjustments will support efforts to reduce disparities for the identified sub· popu lations . 3. The Quality Improvement plan should include methods for the development and implementation of policies and procedures to ensure adherence to the Enhanced Culturally and Llngulstlcelly Appropriate Services (CLAS) Standards and the provision of effective care and services that are responsive to : a. Diverse cultural health beliefs and pract ices ; b. Preferred languages: and r;. Health literacy and other commun ication needs of aU sub-populations within the proposed geographic region . Defense of Marriage Act (OOMA): On June 26 . 2013, in United States v. Wlndsor, the Supreme Court held that section 3 of the Defense of Marriage Act (DOMA), which prohibited federal recognition of same-sex spouses/marriages, was unconstitutional. As a result of that decision, SAMHSA is no longer prohibited from recognizing same sex marriages . Consistent with HHS policy and the purposes of SAMHSA programs, same-sex spouses/marriages are to be recogn ized in the Joint Adult Drug Court Program to Enhance Services, Coordination, and Treatment. This means that, as a recipient of Joint Adult Drug Court program funds you are required to treat as va li d the marriages of same-sex couples whose marriage was legal when entered Into . This applies regardless of Whether the couple now lives In a Jurisdiction that recognizes same·sex marriage or a jurisdiction that does not recognize same-sex marriage . Any same-sex marriage legal ly entered into in one of the 60 states. tne District of Columb ia, a U.S. territory or a fore ign country wlll be recognized . However, this does not apply to registered domestic partnerships . c ivil unions or similar formal relati onships recognized under state law as something other than a marriage . SPECIAL CONDITIONS OF AWARD: None STANDARD TERMS OF AWARD : Refer to the following SAMHSA webs ite for Standa rd Terms of Award: Page-4 ~ 008/009 100316a HC BOC Page 67 09/09/201 6 12 :0 2 FAX 9 108 144 560 Harn e t t_Cl e rk_of _Cour t http:1/Wwt(.samhsa.gov/grants/grants-manaqement/notjce-award·noatstanda rd-terms- condltlons (NEW) Key staff are listed below: Mark Teachey, Project Director@ 20% leve l of effort (In-kind) All changes in key staff including level of effort must be sent electronically to the GPO In cluding a blographical sketch and other documentation and information as stated above who wl ll make a recommendation for approva l or disappro11al to the ass igned Grants Management Specialist. Only the GMO, SAMHSA may approve Key Staff Changes . REPORTING REQUIREMENTS: Submission of a Programmatic Semi-annual Report is due no later than lhe dates as follows: 1st Report. April 30, 2017 2nd Report. October 31, 2017 Please submit your Programmatic Semi-annual Reports to DGMprogressR.eports@samhse .hhs .gov andcopy your Program Offlclal. (HARD COPIES SUBMISSION IS NOT REQUIRED) Failure to comply with the above stated terms and conditions may result i n suspension, classlflcatton as High Risk status, termination of this award or dental of funding In the future. All responses to special terms and cond itions of award el'ld post award requests may be electronica lly mailed to the Grants Ma nagement Specialist and to th e Program Offic ial as identifi ed on your Notice of Award . It Is essential that the Grant Number be included in the SUBJECT line of the email. CONTACTS: Jon Berg, Program Officlal Phone: (240) 276-1609 Email: Jon .Berg@samhsa .hhs .gov Doug Lees, Grants Specialist Phone : (240) 276-1653 Emall : Ooug .Lees@samhsa .hhs.gov Page-5 '-\\tll~\~:,u 1,, .. ,'ll 1•·''':'14.:,0'1••'1 AIV• r;...,,,""'•'''" 1,~.il .• ,.,~llllfM ,f,f @009 /00 9 100316a HC BOC Page 68 H a r n e t t C o u n t y V e t e r a n s T r e a t m e n t Court JO I N T Su b s t a n c e Ab u s e & M e n t a l H e a l t h Se r v i c e s A d m i n i s t r a t i o n B u r e a u o f J u s t i c e A s s i s t a n c e U . S . D e p a r t m e n t o f Justice TI T L E OF GR A N T JO I N T AD U L T DR U G CO U R T SO L I C I T A T I O N TO EN H A N C E SE R V I C E S , CO O R D I N A T I O N , AN D TR E A T M E N T 100316a HC BOC Page 69 BA C K G R O U N D Th e Ha m e t t Co u n t y Ve t e r a n s Tr e a t m e n t Co u r t re q u e s t e d an d is granted from Jo i n t Ad u l t Dr u g Co u r t Gr a n t Pr o g r a m fu n d s in th e am o u n t o f $969,110 from SA M H S A an d $4 0 0 , 0 0 0 fr o m BJ A fo r a co m b i n e d co s t o f $1 , 3 6 9 , 1 1 0 to en h a n c e an ad u l t dr u g co u r t to as s i s t no n v i o l e n t of f e n d e r s wi t h successful re h a b i l i t a t i o n fr o m th e us e o f dr u g s an d /or al c o h o l . Th e po p u l a t i o n to be se r v e d is Ve t e r a n s . Fo r t y - f i v e cl i e n t s wi l l be se r v e d wi t h SA M H S A funding ea c h ye a r o f th e gr a n t fo r a to t a l o f 13 5 cl i e n t s ov e r th e li f e t i m e of the project. Fo r t y - f i v e cl i e n t s wi l l be se r v e d wi t h BJ A fu n d i n g ea c h ye a r o f the grant for a to t a l o f 13 5 cl i e n t s ov e r th e li f e t i m e o f th e pr o j e c t . 100316a HC BOC Page 70 GO A L S • Go a l 1. To pr o v i d e cr i s i s re s p o n s e an d cr i s i s st a b i l i z a t i o n se r v i c e s to al l re q u e s t i n g Ve t e r a n s . This goal will be ac c o m p l i s h e d th r o u g h th r e e ob j e c t i v e s an d se v e n be s t pr a c t i c e st a n d a r d s re l a t e d to th e target population; hi s t o r i c a l l y di s a d v a n t a g e d gr o u p s ; ro l e s an d re s p o n s i b i l i t y o f th e ju d g e ; in c e n t i v e s , sa n c t i o n s , and therapeutic ad j u s t m e n t s ; su b s t a n c e ab u s e tr e a t m e n t ; mu l t i d i s c i p l i n a r y te a m ; an d ce n s u s an d ca s e l o a d . • Go a l 2: T o pr o v i d e ma n d a t e d su b s t a n c e us e di s o r d e r s (S U D s ) ou t p a t i e n t tr e a t m e n t an d /or evidence-based ps y c h o t h e r a p y an d co r r e s p o n d i n g ps y c h i a t r i c me d i c a t i o n ma n a g e m e n t . Th i s go a l wi l l be accomplished th r o u g h th r e e ob j e c t i v e s an d fo u r be s t pr a c t i c e st a n d a r d s re l a t e d to su b s t a n c e ab u s e tr e a t m e n t ; co m p l e m e n t a r y tr e a t m e n t an d so c i a l se r v i c e s ; dr u g an d al c o h o l te s t i n g ; an d mo n i t o r i n g and evaluation. • Go a l 3. T o pr o v i d e pe e r su p p o r t se r v i c e s to ea c h pa r t i c i p a t i n g Ve t e r a n . Th i s go a l wi l l be accomplished through th e be s t pr a c t i c e st a n d a r d re l a t e d to co m p l e m e n t a r y tr e a t m e n t an d so c i a l se r v i c e s . • Go a l 4. To of f e r ev i d e n c e - b a s e d sk i l l - b u i l d i n g pr a c t i c e s . Th i s go a l wi l l be ac c o m p l i s h e d through the best pr a c t i c e st a n d a r d re l a t e d to co m p l e m e n t a r y t r e a t m e n t an d so c i a l se r v i c e s . • Go a l 5. To of f e r ev i d e n c e - b a s e d sk i l l - b u i l d i n g pr a c t i c e s . Th i s go a l wi l l be ac c o m p l i s h e d through the be s t pr a c t i c e st a n d a r d re l a t e d to co m p l e m e n t a r y tr e a t m e n t an d so c i a l se r v i c e s . 100316a HC BOC Page 71 Ta l k i n g Po i n t s Pr i o r t o th i s gr a n t , ho w di d th e Ve t e r a n s Tr e a t m e n t Co u r t op e r a t e ? Th e Te a m op e r a t e d w i t h co l l a b o r a t i o n fr o m th i r t y di f f e r e n t or g a n i z a t i o n s vo l u n t e e r i n g th e i r time and energy w i t h on e pr i o r i t y in mi n d : To pr o v i d e th e Ve t e r a n s wh o el e c t t o pa r t i c i p a t e in ou r pr o g r a m the best mental he a l t h an d su b s t a n c e us e di s o r d e r se r v i c e s av a i l a b l e w i t h th e pr i m a r y tr e a t m e n t fa c i l i t y being the Veterans Ad m i n i s t r a t i v e Me d i c a l Cl i n i c s or VA Co m m u n i t y Ba s e d Ou t p a t i e n t Cl i n i c s (C B O C s ) . Us i n g a Governors Crime Co m m i s s i o n gr a n t at $7 5 , 0 0 0 an n u a l l y si n c e Oc t o b e r o f 20 1 3 , th e te a m ha d on e fu l l ti m e coordinator and the ab i l i t y t o re c e i v e an n u a l tr a i n i n g at th e na t i o n a l le v e l (N A D C P an d JF V ) . Wh y wa s th e gr a n t wr i t t e n ? It wa s wr i t t e n be c a u s e th e Ve t e r a n s Tr e a t m e n t Co u r t Te a m re c o g n i z e d th e ur g e n t ne e d to provide mental he a l t h an d su b s t a n c e us e di s o r d e r se r v i c e s fo r no n - v i o l e n t ve t e r a n s in cr i s i s w h o ar e un a b l e to utilize the Ve t e r a n s Ad m i n i s t r a t i o n Me d i c a l Fa c i l i t i e s du e to th e i r M i l i t a r y di s c h a r g e st a t u s , un a v a i l a b i l i t y of timely in t e r v e n t i o n o f Ve t e r a n s Ad m i n i s t r a t i v e se r v i c e s , o r lo g i s t i c a l ch a l l e n g e s th a t pr e v e n t s co m p l i a n c e with Ve t e r a n s Ad m i n i s t r a t i v e tr e a t m e n t pr o g r a m s . (N O T E : We ar e tr e a t i n g a Ve t e r a n w i t h di a g n o s e d PTSD, de p r e s s i o n , an d su b s t a n c e us e di s o r d e r s . Th i s Ve t e r a n re c e i v e d a le s s th a n ho n o r a b l e di s c h a r g e status for be i n g ab s e n t w i t h o u t Le a v e or AW O L . Th e re a s o n he wa s AW O L wa s th a t he ch e c k e d hi m s e l f into the mi l i t a r y me n t a l he a l t h cl i n i c . 100316a HC BOC Page 72 Ta l k i n g Po i n t s Wh a t wi l l th e gr a n t be us e d fo r ? Th e fu n d s fr o m th e t w o fe d e r a l gr a n t s w i l l en a b l e ou r Ve t e r a n s Tr e a t m e n t Co u r t te a m to identify and treat mo r e Ve t e r a n s us i n g co m m u n i t y me n t a l he a l t h se r v i c e s wh i l e en s u r i n g th e y ar e ad d r e s s i n g their su b s t a n c e us e di s o r d e r s . Ho w wi l l th e gr a n t be n e f i t th e Ci t i z e n s o f Ha r n e t t an d su r r o u n d i n g Co u n t i e s ? Th i s gr a n t wi l l in c r e a s e ou r ab i l i t y t o tr e a t al m o s t do u b l e th e nu m b e r o f ve t e r a n s in cr i s i s thereby re d u c i n g th e nu m b e r o f cr i m e s as s o c i a t e d w i t h il l e g a l dr u g us e (s e l f - m e d i c a t i n g ) an d mental health as s o c i a t e d cr i m i n a l ac t i v i t i e s . NO T E : As o f 14 SE P T E M B E R Tw e n t y Ve t e r a n s ha v e su c c e s s f u l l y graduated fr o m ou r Ve t e r a n s tr e a t m e n t pr o g r a m an d we ha v e a ze r o pe r c e n t re a r r e s t s ra t e . Wh a t ca n th e Ve t e r a n s Tr e a t m e n t Co u r t Te a m an t i c i p a t e in en s u r i n g tr e a t m e n t w i t h th e s e Veterans? Ba s e d on ou r ex p e r i e n c e , Ve t e r a n s w h o ha v e co u r t in v o l v e d vi o l a t i o n s an d ha v e ne v e r addressed their PTSD, Me n t a l He a l t h , or su b s t a n c e us e di s o r d e r s ne e d im m e d i a t e me n t a l he a l t h an d su b s t a n c e use intervention. A cl i n i c a l as s e s s m e n t is cr i t i c a l t o id e n t i f y i n g th e ap p r o p r i a t e co m m u n i t y se r v i c e re s p o n s e . Mental Health and Su b s t a n c e us e In t e n s i v e Ou t p a t i e n t tr e a t m e n t w i t h ov e r s i g h t fr o m nu m e r o u s me m b e r s of the team and an as s i g n e d me n t o r wi l l be ou r in i t i a l tr e a t m e n t pr o t o c o l an d i f ne e d e d In - r e s i d e n c e tr e a t m e n t . 100316a HC BOC Page 73 Ta l k i n g Po i n t s Wh a t wi l l th e Ha r n e t t Co u n t y Ve t e r a n s Tr e a t m e n t Co u r t lo o k li k e in th e ne x t 6 t o 9 mo n t h s ? Th i s co u r t w i l l co n t i n u e t o gr o w w i t h a de d i c a t e d te a m o f bo t h pa i d an d vo l u n t e e r me m b e r s of the co m m u n i t y w i t h th e ab i l i t y t o id e n t i f y , re a c h ou t , an d br i n g i n ~ no n - v i o l e n t M i l i t a r y Ve t e r a n s with mental he a l t h an d su b s t a n c e us e di s o r d e r s an d t o pr o v i d e ti m e l y ev i d e n c e ba s e d tr e a t m e n t re s u l t i n g in healthy Ve t e r a n s gi v i n g ba c k to th e i r co m m u n i t i e s . Th i s gr a n t wi l l al l o w yo u t o op e r a t e at a gr e a t e r de g r e e fo r th e ne x t th r e e ye a r s . Ho w wi l l you sustain this le v e l af t e r th e gr a n t en d s ? We ha v e al r e a d y ta k e n me a s u r e s to pl a n fo r th a t da y . We ar e ac t i v e l y co l l a b o r a t i n g w i t h the state and co u n t y go v e r n m e n t t o de t e r m i n e wa y s to su s t a i n th i s li f e ch a n g i n g tr e a t m e n t co u r t . 100316a HC BOC Page 74 Board Meeting Agenda Item Agenda Item __ 4_!...._-_I ___ _ MEETING DATE: October 3, 2016 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Utilities Access Program -Water Access REQUESTED BY: Barry A . Blevins REQUEST: General Services Director, Harnett County Community Development in Partnership with Harnett County Public Utilities requests the Harnett County Board of Commissioners consider and approve a water access program for low to moderately low income (LMI) homeowners in Hamett County. This program, administered by Community Development allows approved LMI families access to water by waiving the water tap fee ($1 ,800) only, but does require homeowners to complete the connection to their home at the homeowner's expense. Additional costs may include permit fees, water lines from tap to home, and deposits. Community Development staff anticipate several families seeking help per year. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Use rs\g wheele r\A p pDat a\Local\M icrosoft\ Windows\IN etCache\Conte nt.O utlook\T PTEQCL V\age nd afo rm 201 6 - Utili tie s ac ce ss Se pt 2016.doc Page I of I 100316a HC BOC Page 75 1. Statement of Activities: Harnett County General Services Utilities Access Program Harnett County General Services Statement of Activities This is a statement for funding consideration used to provide access to Harnett County Public Utilities water assistance for low-income and very-low-income owners of single-family homes in Harnett County, North Carolina. Harnett County General Services estimates there will be approximately sixty-seven (67%) of low-income families and thirty-three (33%) of very-low-income families served within the applicant pool. If approved, family is eligible for $1,800 water tap at no cost, but will be required to complete connection to their home at their own cost. 2. Process for Pre-Qualifying Recipients: In order to be eligible for assistance through the Community Development Division of Harnett County General Services, recipients must meet specific income-based and home feasibility criteria. All applications for assistance are available to all applicants regardless of race, colo r, religion, sex, national origin, disability, age, or family status and every effort will be made to include as many eligible applicants as possible. Base eligibility will be determined and supported by the following conditions. The homeowner must first meet the adjusted income limits established by the U.S . Department of Housing and Urban Development (HUD) 2015 Income Limit Table (see below). Only homeowner applicants will be served therefore, solicitants must clearly demonstrate home ownership. Specifically, recipients must prove they own and occupy the property that is to be serviced . In addition, household income must be at or below the low-income threshold for the number of persons living in the home as indicated in the Income Table (see below). 2015 Income Limits for Harnett County Utilities Access Program (UA16} Number in Very Low Low Income Household Income 1 $18,950.00 $30,350.00 2 $21 ,680.00 $34,650.00 3 $24,350.00 $39,000.00 4 $27 ,050 .00 $43 ,300.00 5 $29 ,250.00 $46,800.00 6 $31,400.00 $50,250.00 7 $33,550.00 $53,700.00 8 $35,750.00 $57 ,200.00 Community Development Division 1 100316a HC BOC Page 76 Harnett County General Services Because of the limited amount of funds available, the grantor will prioritize rank otherwise eligible applicants. Grantor will provide funds based on an annual first come first serve basis. Grantor will rank applicants using assigned points in the following table: Special Needs (for definitions, see below) Elderly Head of Household Disabled Head of Household Single-Parent Household (with one or more minors in the home) Disabled or Elderly Occupant Member (not Head of House) Large Family Note: Applicants will be able to check all that apply Definitions Elderly: an individual aged 62 or older Points 3 3 2 1 1 Disabled: a person who has a physical, mental, or development disability that greatly limits one or more life activities, has a record or such impairment, or is regarded as having such impairment. Minor: an individual in the home under the age of 18 Large Family: a large family household is composed of five or more individuals; at least four are immediate family members. Occupant: an occupant is defined as any immediate family member who has resided in the dwelling for at least 3 months prior to application Single-Parent Household: a household in which one and only one adult resides with one or more dependent children. Eligible property will be determined by the following criteria: 3. (1) This program is not available for manufactured homes (i.e. mobile homes) (2) Those homes requiring more than tap and deposit fee in estimated costs will be required to secure additional funding from other resources before Harnett County will obligate funds for deposits and taps. Harnett County will assist loan applicants find other funding through known sources and programs available at the time. (3) The property cannot be located in an area prone to mudslides, landslides, flooding or other natural or environmental hazards. Harnett County will help homeowners determine if these conditions exist. (4) The property must be in an area serviced by the Harnett County Public Utilities Department. Process for Determining Final Eligibility: A committee of human services advocates including representatives from the Department of Social Services, the Council on Aging, and the Health Department will review applicants based upon the pre- qualification ranking order. Although each applicant undergoes a methodical pre-qualification assessment, the committee will meet as needed to review and determine any additional extenuating circumstances that may necessitate one applicant over another. Additional information s uch as "water is not available within 500' of the property" will help the committee determine the feasibility of helping one applicant over another. 2 Community Development Division 100316a HC BOC Page 77 Harnett County General Services Additional criteria may apply including: Felony Conviction (in last 10 years) Drug Convictions (in the last 10 years) Non -payment of taxes Note: Any person who knowingly makes a false statement or misrepresentation in connection with the application will not be eligible for the program. 4. Time Schedule: Once the application has been approved, the applicant will be notified of their eligibility and have 60 days from the time of their notification to respond accordingly to Harnett County General Services Community Development Department. After 60 days, the funds will no long be available to the applicant . 5. Staffing: Grantor staff will consist of: Administrator-Barry A. Blevins, General Services, Director Administrative Support and Accounting -Anna Peele, Administrative Assistant 6. Disclaimer: Applicants will be responsible for their monthly water bill and any leaks that occur past the union nut at meter and their service line. This program is a one-time assistance provided to eligi ble applicants meeting the criteria stated in this document. All approved Utilities Access Program participants will be responsible for completing a Harnett County Public Utilities account application, obtain a plumbing permit and schedule inspections, all available at Harnett County Development Services, Central Permitting Division (108 E. Front Street, Lillington, NC 27546). Community Development Division 3 100316a HC BOC Page 78 Board Meeting Agenda Item Agenda Item 4:-J MEETING DA TE: October 3, 2016 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Amend the Personnel Ordinance REQUESTED BY: John Rankins, Director Human Resources REQUEST: Article IV. Recruitment and Employment Section 3. Recruitment & Advertisement When new or vacant full time positions are to be filled within the County, Supervisors or Department Heads shall notify the Human Resources Department and provide them a complete Position Overview. Such an overview is to include the appropriate salary, grade, qualifications, and description of the new or vacant position. The Human Resources Department shall publicize full time opportunities for employment with the County by posting the provided Position Overviews along with instructions for submitting applications and assurances of equal employment and non-discriminatory practices in the Human Resources Department and on the internet at www.Harnett.org. Amend to include In some instances the Department Head may request that the position be initially posted for only internal candidates . If no internal candidates are selected, then the position may become open to the public. Information on job openings and hiring practices shall also be provided to recruitment sources including the Employment Security Commission ("ESC") and other organizations, news media, job websites, and other sources as deemed appropriate by the Human Resources Department. C:\User s\gwh eeler\AppData\Lo ca l\M icrosoft\Windows\INet Cache\Conte nt.O utl ook\TPTEQC LV \Am en d Ordina nce recruitm ent.doc Page 1 o f 2 100316a HC BOC Page 79 Board Meeting Agenda Item Agenda Item 4 -/( MEETING DA TE: October 3, 2016 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Adopt bylaws for the Harnett County Employee Benefits Committee REQUESTED BY: John Rankins, Director of Human Resources REQUEST: Hamett County Human Resources requests adoption of the proposed bylaws for the Hamett County Employee Benefits Committee FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C :\User s\gw hee ler\AppData\Loca l\M icrosoft\ Win dows\lNetCache\Content.O utl ook\T PTEQCL V\by laws.doc Page I of I 100316a HC BOC Page 80 Bylaws of the Harnett County Employee Benefits Committee ARTICLE I Name Section 1. Name -The name of this committee shall be the Harnett County Employee Benefits Committee , herein referred to as "Committee". ARTICLE II Purpose and Powers Section 1. Purpose -The Harnett County Board of Commissioners (herein referred to as "the Board") has created this Committee in order to facilitate communications between county employees and county administration within the area of healthcare and employee benefits. This Committee is charged with making recommendations to the Board regard ing health, wellness, medical care and benefits for County of Harnett employees. The Committee has been charged with receiving input from county employees regarding health , wellness, medical care and benefits, and making those concerns known to the Board. The Committee may also, in collaboration with county administration and the Board, seek alternative healthcare options that will best serve the needs of the employees of the County. ARTICLE III Membership Section 1. Membership-Membership of this Committee will consist of five (5) county employees appointed by the Board. Each County Commissioner will select one (1) county employee who live s within their district to s erve on the Committee. In addition to the fiv e Board- appointed members, the Committee will also con si st of one (1) County Commissioner, the C ounty Finance Director or desi gnee, ( 1) retired employee and the County Manager or de s ign ee . Section 2 . Terms - Each Committee member shall serve a one-year term and may not serve more than four ( 4) consecutive terms of office unless approved by the Board to serve an additional term. Each Committee member's term of office shall begin upon the adjournment of the board meeting at which appointed and shall end upon the adjournment of the board meeting during which a successor is appointed. Section 3 . Vacancies -Board members may appoint a replacement m e mber from their di strict to fill a vacancy due to the expiration of a Committee member's term in office, resignation, death or removal from the Committee. A replacement will be appointed to serve for the balance of the term of the member being replaced. Section 4 . Officers -The Committee will have a secretary, chosen by the Committee from its membership. The secretary shall have the authority and shall perform the duties set forth in these Bylaws or by resolution of the Board. 100316a HC BOC Page 81 Section 5. Compensation for Service -As stated throughout these Bylaws, the individuals who have accepted the appointment to the Committee are volunteers, and thus, will not be compensated for carrying out their duties as members. ARTICLE VI Officers and Staff Section 1. Director of Human Resources -The Human Resources Director shall lead the committee in performing its duties and responsibilities, and shall perform all other duties incident to the office or properly required by the Board. Section 2. Benefits Coordinator -In the absence of the Director of Human Resources, the Benefits Coordinator shall perform the duties of the Director. The Benefits Coordinator shall keep or cause to be kept a book of minutes of all meetings and actions of members. The minutes of each meeting shall state the time and place of the meeting and such other information that shall be necessary to determine the actions taken and whether the meeting was held in accordance with these Bylaws. Section 3. Secretary -The secretary shall serve as the spokesperson for the committee. The secretary shall present the committee's recommendations to the Board when warranted. ARTICLE V Meetings Section 1. Regular Meetings -The Committee shall meet at times and places determined by the members. The Committee will seek to accommodate all members' schedules to the extent possible. Members will be notified of the meeting date by the Secretary in a timely manner. ARTICLE VI Manner of Acting Section 1. Quorum -A majority of the members on the Committee immediately before a meeting shall constitute a quorum for the transaction of business at that meeting of the committee. No business shall be considered at any meeting at which a quorum is not present. Section 2. Majority Vote -The act of the majority of the members present at a meeting at which a quorum is present shall be the act of the Committee. Section 3. Participation -Members may participate in any meeting through the use of any means of communication by which all committee members participating may simultaneously hear each other during the meeting, including in person, by video, or by telephone conference call. 100316a HC BOC Page 82 ARTICLE VII Miscellaneous Section 1. Conflict of Interest -The Committee shall adopt and periodically review a conflict of interest policy to protect the Committee's interest when it is contemplating any transaction or arrangement which may benefit any officer, member or closely associated person of the Committee. Section 2. Nondiscrimination Policy -The officers, members, and persons served by this committee shall be selected entirely on a nondiscriminatory basis with respect to age, sex , race, religion , national origin and sexual orientation. It is the policy of this Committee not to discriminate on the basis of race, creed, ancestry, marital status, gender, sexual orientation, age, physical disability, veteran's status, political service or affiliation , color, religion or national origin. Section 3. Bylaw Amendment -These Bylaws may be amended, altered, repealed or restated by a vote of the majority of the committee members in office at any meeting. 100316a HC BOC Page 83 ARTICLE VIII CONFLICT OF INTEREST POLICY AND AGREEMENT It is important for the Employee Benefits Committee, its officers and members to be aware that both real and apparent conflicts of interest sometimes occur in the course of conducting the affairs of the committee and that the appearance of the conflict can be troublesome even ifthere is in fact no conflict whatsoever. Conflicts occur because the many persons associated with the committee should be expected to have, and do in fact generally have multiple interests and affiliations and various positions of responsibility within the community. In these situations, a person will sometimes owe identical duties ofloyalty to two or more people. The purpose of the conflict of interest policy is to protect the committee 's interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of office or member of the committee, or that might result in a possible excess benefit transaction. This conflict of interest policy is intended to supplement but not replace any applicable state and federal law. Conflicts are undesirable because they potentially place the interests of others ahead of the committee's obligations to its charitable purposes and to the public interest. Conflicts are also undesirable because they often reflect adversely upon the person involved and upon the institutions with which they are affiliated, regardless of the actual facts or motivations of the parties. However, the long-range best interests of the corporation do not require the termination of all association with persons who may have real of apparent conflicts which are harmless to all individuals involved . Each member of the committee has a duty of loyalty to the committee. The duty ofloyalty generally requires a member to prefer the interest of the committee over their individual interest or the interests of others. In addition, members of the committee shall avoid acts of self-dealing which may adverse ly affect the purpose of reputation of this committee. Committee Member Name Committee Member Signature Secretary Signature Date 100316a HC BOC Page 84 Board Meeting Agenda Item Agenda Item 4-L ------- oc.+ob-e-r 3,ao~"1 MEETING DA TE: September 19, 1016 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Acceptance of DEQ Grant Funds for Purchase of Self-Contained Compactors REQUESTED BY: Amanda L. Bader, PE, County Engineer REQUEST: Solid Waste Requests the acceptance of $31,000 in DEQ Grant monies for the purchase of two self-contained compactors. The compactors will be used for recycling collection. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: S :\Solid Waste\Convenience Sites\Mamers\agendafonn2016.doc I of2 Page 100316a HC BOC Page 85 ·-. . , .~ t ', ·.r. ·, I Z::: t ; ! l: . (:'~\· r.:~f March 14 , 2016 Amanda Bader Harnett County PO Box2773 Lillington, NC 27546 Dear Ms . Bader, .10 1;<1! !1 I :. V .'d\ (1:·•, v:,;,h I Enclosed is a fully executed copy of Contract No.6720 between Harnett County and the Department of Environmental Quality. Invoices or matters regarding work to be performed should be directed to the Contract Administrator, Joseph Fitzpatrick, as indicated in the contract document. Please include Contract No. 6720 on each invoice submitted for payment. Should you have any questions regarding the contract, you may contact me at (919) 707-8538 . Sincerely , ::;::;~ Purchasing Director Purchase and Contract Section Enclosure cc : Joseph Fitzpatrick , DEQ DEACS Jackie J . Moore, DEQ Office of the Controller 100316a HC BOC Page 86 STATE OF NORTH CAROLINA COUNTY OF WAKE GRANT CONTRACT NO. 6720 GRANTEE'S FEDERAL IDENTIFICATION NUMBER: **·-0308 This contract ls hereby made and entered Into this 15th day of March, 2018, by and between the NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, (the hAgency") and HARNm COUNTY, (the "Grantee') (referred to collectively as the "Parties"). 1. Contract Documents: This Contract consists of the Grant Contract and Its attachments, all of which are identified by name as follows: Grant Contract No. 6720 (1) General Terms and Conditions (Attachment A) (2) Agency's Request for Proposal (RFP) (Attachment B) {3) Grantee's Response to Agency's RFP, Including line item budget and budget narrative and jf appNcab/e, indirect cost documentauon (Attachment C) These documents constitute the entire agreement between the' Parties and supersede al[ prior oral ·or written statements or agreements. The Parties may enter Into Contract Amendments in accordance with the General Terms and CondHions as described ii Attachment A. 2. Precedence Among Contract Documents: In the event of a conflict between terms of the Contract Documents, the term in the Contract Document with the highest relative precedence prevails. The order of precedence Is established by the order of documents in Paragraph 1, above, with the first-listed document having the highest precedence and the last- listed document having the lowest precedence. If there are multiple Contract Amendments, the most recent amendment has the highest precedence and the oldest amendment has the lowest precedence. 3. Contract Period: This Contract shall be effectrve on the 151' day of March, 2016 and shall tenninate on 3Qth day of November, 2018. 4. Project Period: The Grantee begins the project on the 15th day of March, 2016. The Grantee undertakes and completes the project in a sequence that assures expedWous completion in light of the purposes of this agreement. Grantee completes the project on the 30111 day of November, 2016 5. Grantee's Duties: The Grantee provides the project as descrtbed in Attachment C, Hamett County Community Waste Reduction and Recycling ~rant and In accordance with the approved budget in Attachment C. 6. Agency's Duties: The Agency shall pay the Grantee In the manner and in the amounts specified in the Contract Documents . The total amount paid by the Agency to the Grantee under thts Contract shall not exceed THIRTY ONE THOUSAND DOLLARS ($31,000.00). Page I of7 100316a HC BOC Page 87 GRANT CONTRACT NO. 6720 This amount consists of: I ~~DA No. Accounting Code lnfonnation: Dollars GL Coff1)311Y GLAccount GLCenler $31,000.00 1602 536961 6760 ] a. There are no matching requirements from the Grantee. J b. There are no matching requirements from the Grantee; however, the Grantee has committed the following match to this project: In-Kind s Cash $ Cash and In-Kind $ Cash and/or In-Kind $ other/ Srw:ifv: $ I J c. The Grantee's matching requirement Is $, which shall consist of: In-Kind $ Cash $ Cash and In-Kind $ Cash andfor In-Kind $ Other / Soeclfv: $ [ X J d. The Grantee has committed to an additional $14,000.00 In Cash to complete the project as describ_ed In Attachment C. The contributions from the Grantee shall be sourced from non-federal funds. The total contract amount Is $45.C,OO.OO. 7. Reversion of Unexpended Funds Any 111expended grant funds shall revert to the Agency upon termination.of this Contract. Page2 of7 100316a HC BOC Page 88 GRANT CONTRACT NO . 6720 8. Reporting Requirements: Any Grantee receiving at least $15,000 but less than $500,000 In state funds from the Agency within any fiscal year is required to tile wllh each funding state agency a swom accounting of receipts and expenditures of state funds in the format approved by the state Auditor. This accounting must be attested to by the Grantee fiscal officer and one other authorizing officer of the Grantee. This accounting must be flied with each funding state agency within six months after the end of the Grantee's operating year. If the Grantee receives STATE funds of $500,000 or more during its fiscal year, It must file with the State Auditor and each funding agency its audited financial statements in accordance with the standards and forma~ prescribed by the State Auditor In Memorandum NG0·2 "Grantee Audit Reports.• If the Grantee receives $500,000 or more In FEDERAL awards during its fiscal year from any source, including federal flllds passed through the State or other grantors, it must obtain a single audit or progranrspecific audit conducted in accordance with the Federal Office of Management and Budget's Circular A- 133 'Audits of States, Local Government and Non-Profit Organizations.' If the above amounts are not met by one single funding agency, but ·rather any combination of funding agencies, then the appropriate reports shall be sent to the Office of the State Auditor and to the Agency. Also, a corrective action plan for any audit findings and recommendations must be submitted along with the audit report or within the period specified by the applicable 0MB Cirtular or Memorandum. · 9. Payment Provisions: The Agency reimburses the Grantee for actual allowable expenditures with the Agency retaining a minimum of ten percent (10%) of the Agency's funds until all required activities are completed and reports/deJiverables are received and accepted by the Agency. AA allowable expenditure is defined as one associated with work perfonned to meet the milestones that have been addressed during the specific reporting period. Tne Agency may Withhold payment on Invoices when the Grantee falls to accomplish the milestones stated in Attachment C. 10. Invoices: The Grantee submits invoices to the Agency Contract Administrator at least quarterly. The final Invoice must be received by the Agency within 45 days after the end of the contract period . Amended or corrected invoices must be received by the Agency's Office of the Controller within six months after the end of the contract period. The Agency will not pay any invoice received more than 6 months after the end of the effective period. 11. Contra~ Admlnfstrators: Each Party submits notices, questions and correspondence to the other Party's Contract Administrator. The name, address, telephone number, fax ·number, and. email address of the Parties' Initial Contract Administrators are set out below. Either Party may change the name, address, telephone number, fax number, or email address of its Contract Administrator or Principal Investigator or Key Personnel by giving timely written notice to the other Party. Any changes in the scope of the contract which increase or decrease the Grantee's compensation are not effective until approved in writing by the Agency's Head or Authorized Agent. Page3 of7 100316a HC BOC Page 89 Aaencv Contract Administrator: Joseph Fitzpatrick DEACS 1639MSA Raleigh, NC 27699-1639 Telephone: 919-707-8121 Email: iosenh.filzoeral®ncdenr.oov Grantee Contract Administrator: Amanda Bader Hamett County POBOX2773 Lillington, NC 27546 Telephone: 910-814-4041 Email : abaderm)hametl .ort GRANT CONTRACT NO. 6720 Grantee Principal Investigator or Key PensonneJ SAME 12. Grantee Principal Investigator or Key Personnel: The Grantee shall not substitute the Principal Investigator or key personnel assigned to the performance of this contract without prior approval by the Agency Contract Administrator. 13 . Supplantatlon of Expenditure of Public Funds: The Grantee assures that funds received pursuant to this Contract shaH be used only to supplement , not to supplant, the total amount of federal, state and local public funds that the Grantee otherwise expends for the purchase and installation of two (2) self-contained compacting roll-off systems to be placed at two (2) new convenience centers and related programs. Funds received under this Contract shall be used to provide additional public funding for such services; the funds shall not be used to reduce the Grantee's total expenditure of other public funds for such services. 14. Disbursements : As a condttion of this Contract , Grantee acknowledges and agrees to make disbursements in accordance with the following requirements: a. Implement adequat~ internal controls over disbursements; b. Pre-audit all vouchers presented for payment to determine : • Validity and accuracy of payment • Payment due date • Adequacy of documentation supporting payment • Legality of disbursement c. Assure adequate control of signature stamps/plates ; d. Assure adequate control of negotiable instruments; and e. Implement procedures to insure that account balance is solvent and reconcile the account monthly . 15. Outsourcing : The Grantee certifies that it has identified to the Agency all jobs related to the Contract that have been outsourced to other countries , if any. Grantee further agrees that it will not outsource any such jobs during the term of this Contract without providing notice to the Agency and obtaining written approval from the Agency Contract Administrator prior to outsourcing. 16. E-Verify : As required by G.S . §143-48.5 (Session Law 2013-418), the Grantee certifies that it , and each of its subcontractors for any contra ct awarded as a result of th is solicitation, complies with the requirements of Article 2 of Chapter 64 of the NC Genera l Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorizatio n of its employees th rough the federal E-Verify system . Page 4 of 7 100316a HC BOC Page 90 GRANT CONTRACT NO. 6720 17. Assurances For No~Federally Funded Contracts: The GRANTEE certifi_es that with regard to: 1. Debarment And Suspension ~ To the best of its knowledge and belief that it and Its principals : (a) are not presendy debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded from covered transactions by any Federal, State, or local government agency; (b) have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense fn connection with obtaining, attempting to obtain, or perfonnlng a public (Federal, state, or locaQ transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falslf!catlon or destruction of records, making false statements, or receiving stolen property; (c) are not presently indicted for or otherwise criminally or civllly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this oertlflcatlon; and (d) have not within a 3.year period preceding this application/proposal had one or more pubic transactions (Federal, State, or local) terminated for cause or default. 2. Lobbying-To the best of his or her knowledge and belief, that: (a} No Federal, State or local government appropriated funds have been paid or wm be pald, by or on behalf of the undersigned, to any person for influencing or attempting to Influence an officer or employee of any Federal, state or local government agency; a member of Cong ress, North CaroDna's General Assembly or local government body; an officer or employee of Congress, North Carolina's General Assembly or local government body, or an employee of a member of Congress, North Caronna's General Assembly or local government body, in connection with the awarding of any Federal, State or local government contract, the making of any Federal, State or local government grant, the making of any Federal, State or local government loan, the enterll\G into of any Federal, State or local government cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal, State or local government contract, grant, loan, or cooperative agreement (b) If any funds other than Federal, State or local government appropriated funds have been paid or wil be paid to any person for Influencing or attempting to Influence an officer or employee of any agency; a member of Congress, North Carolina's General Assembly or local government body; an officer or employee of Congress, North Carolina's General Ass9mbly or local government body; or an employee of a member of Congress, North Caro6na's General Assembly or local government body In connection with the Federal , Slate or"tocal government contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, ·oisclosure Form to Report Lobbying' in accordance with ~s instrucflons. -a. Drug•Free Work Place Requirements -It will comply by: (a) Publishlng 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 prohibiNon ; (b) Establishing a drug-free awareness 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 avallable drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse vlolallons occurring in the workplace; Page S of7 100316a HC BOC Page 92 GRANT CONTRACT NO. 6720 (c} Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a) above: (d) Notifying the employee in the statement required by paragraph (a}, above, that, as a condition of employment under the grant, the employee will • (1) Abide by the terms of the statement and (2) Notify the employer of any criminal drug statute conviction for a violation occurring In the workplace no later than five days after such conviction; (e) Notifying the agency within ten days after receiving nouce lllder subparagraph (d)(2), above, from an employee or otherwise rece1ving ac:1ual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d){2), above wlth respect to any employee who is so convicted - (1) Taking appropriate personnel action against such an employee, up to and including teminatlon; or (2) Requiring such employee to parUcipate satisfactorily in a drug abuse assistance or tehabilitation program approved for such purposes by a Federal, State, or local health, law en1orcement or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace tlYough Implementation of paragraphs (a), (b), (c}, (d), (e), and (f), above. 4. Will comply with the provisions of the Equal Employment Practices A£7,. set out In Artfcle 49A of Chapter 143 of the North Carolina General Statutes. 5. WIii comply, as appllcable, with the provisions of the Wage and Hour Am, occupational Safety and Health Act of North· Carolina, controlled Substance Examination Regulaflon, Retaliatory Employment Discrimination, Safety and Health Programs and Committees, Workplace Violence Prevention, and other applicable provisions o1 Chapter 95 of the North Carolina General Statutes regarding labor standards. 6. WIii comply with all appllcable requirements o1 all other federal, state and local government laws, executive orders, regulations and pollcies governing this program. Page 6 of7 100316a HC BOC Page 93 GRANT CONTRACT NO. 6720 18. Signature Warranty: The undersigned represent and warrant that they are authorized to bind their principals to the tem,s of this agreement. N.C.G.S. §133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking 'lo do business with the State. By execution of any response in this procurement, you (Grantee) attest, for your entire organization and Its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. IN WITNESS WHEREOF, the Grantee and the Agency execute this agreement in two (2) originals, one (1) of which is retained by the Grantee and one (1) of which is retained by the Agency, the day and year first above written . HARNETT COUNTY Title ' NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Donald R. van der Vaart, Secretary By_!:!~~.....J.~~~~~~~~~ Department H 's Signature or thorized Agent fc,...-.1 1C,1-!y-Pv,-ek4s:,..1 ~: ,-e_c.1o,. Allieon Phipps; C,!Q • Type I Printed Name and Title Financial Services Division/Purchasing and Contracts Section Division/Section · ORIGINAL Page 7 of7 100316a HC BOC Page 94 Attachment A DEQ Contract 6720 Geuenl Terms and Condldom Governmental Entitle , DEFINfflONS Uni~ indicated otherwise from the context, the following terms shall have the following meanings in this Contract. All definitions are from · 9 NCAC 3M.0102 unless otherwise noted . If the rule or statute that is the source of the definition is changed by the adopting authority, the change shall be incorporated herein. (1) "Agency" (as used in the context of the definitions below) means and includes every public office, public officer or official (State or local, elected or appointed), institution, board, commi&&on, bureau:, council, department, authority or other unit of government of the State or of any county, unit, special district or other political sub-agency of government For other purposes in this Contract, "Agency" means the entity identified as one of the parties hen:to. (2) "Audit" means an examination of records or financial accounts to verify their accuracy. (3) "Certification of Compliance" means a report provided by the Agency to the Office of the State Auditor that states that the Grantee has met the reporting requirements established by this • Subchaptcr and included a statement of certification by the Agency and copies of the submitted grantee reporting package. (4) "Compliance Suwlement" refers to the North Carolina State Compliance Supplement, maintained by the State and Local Government Finance Agency within the North Carolina Department of State Treasurer that has been deyeloped in cooperation with agencies to assist the local auditor in identifying program compliance requirements and audit procedures for t~ng those requirements . (S) 'Contract" means a legal instrument that is used to reflect a relationship between the agency, grantee, and sub.grantee. (6) "Fiscal Year" means the annual operating year of the non-State entity . (7) "Financial Assistance" means assistance that non- State entities receive or administer in the form of grants, loans, loan guarantees, property (mcluding donated surplus property), cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations, and other assistance. Financial assistance does not include amounts received as reimbursement for services rendered to individuals for Medicare and Medicaid patient services. (S) "Financial Statement" means a report providing financial statistics nilative to a given part of an organhation's operations or status. (9) "Grant" means financ ial assistance provided by an agency, grantee, or sub-grantee to carry out activities whereby the grantor anticipates no programmatic involvement with the grantee or sub-grantee during the performance of the grant. (10) "Grantee" has the meaning In G.S. 143C-6- 23(a)(2): a non-State entity that receives a grant · of State funds from a State agency, department, or institution but does not include any non-State entity subject to the audit and other reporting requirements of the Local Government Commission. For other purposes in this Contract, "Grantee" shall mean the entity identified as one of the parties hereto . For purposes of this contract, Grantee also includes other State agencies such as universities. (11) 11 Grantor'' means an entity that provides resources. ga1mliy financial, to another entity in order to achieve a specified goal or objective. (12) "Non-State Entity" has the meaning in J-l.C.G.S . 143C-1-l(d)(l8): A firm, corporation, partnership, association, county, unit of local government, public authority, or any other person, organization, group, or governmental entity that is not a State agency, department, or institution. (13) ~Public Authority" has the meaning in N.C.G.S. 159-7(10): A municipal cozporation that is not a unit of local government or a local governmental authority, board, commission, council, or agency that (i) is not a municipal coipOration, (ii) is not subject of the State Budget Act, and (iii) operates on an area, regional, or multiunit basis, and the budgeting and accounting systems of which are not fully a part of the budgeting and accounting systems of a unit of local government. (14) "Single Audit" means an audit that includes an examination of an organization's financial statements, internal controls, and compliance with the requirements of Federal or State awards. (15) •special Appropriation" means a legislative act authorizing the expenditure of a designated amount of public funds for a specific purpose. (16) "State Funds" means any funds appropriated by the North Carolina General Assembly or collected by the State of North Carolina. State funds include federal financial assistance received by the State and transferred or disbursed to non-State entities. Both Federal and State funds maintain their identity as they are sub-granted to other organizations. Pursuant to N.C.G.S. 143c-<i- 23(a)(l ), the terms "State grant funds" and "State gnmts" do not Include any payment made by the Medicaid program, the Teachers' and State Employees' Comprehensive Major Medical Plan, or other similar medical programs. (17) "Sub-grantee" bas the meaning in G.S. 143C--6- 23(a)(4): a non-State entity that receives a grant of State funds from a grantee or from another sub- grantee but docs not include any non-State entity subject to the audit and other reporting 100316a HC BOC Page 96 requirements of the Local Government Commission. (18) "Unit of Local Go vernment has the meaning in G.S. 1S9-7(b)(1S): A municipal corporation that has the power to levy tax.es, including a consolidated city-county as defined by G.S. 160B-2(1). and all boards, agencies, commissions, authorities, and institutions thereof that are not municipal corporations. Relationships of the Parties Independent Contractor: The Grantee is and shall be deemed to be an inrlcpcndcnt contractor in the performance of this Contract and as such shall be wholly responsible for the work to be perfonned and for the supervision of its employees. The Grantee 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 o( or have any individual contractual relationship with. the Agency. Subcontraetfne: To subcontract work to be performed under this contract which involves the specializ.ed skill or expertise of the Grantee or his employees, the Grantee first obtains prior approval of the Agency Contract Administrator. In the event the Grantee subcontracts for any or all of the services or activities covered by this contract: (a) the Grantee is not relieved of any of the duties and responsibilities provided in this contract; (b) the subcontractor agrees to abide by the standards contained herein or to provide such information as to allow the Grantee to comply with these standards, and; (c) the subcontractor agrees to allow state and federal authorized representatives access to any records pertinent to its role as a subcontractor. Sub-grantees: The Grantee has the responsibility to ensure that all sub-grantees , if any, provide all information necessary to permit the Grantee to comply with the standards set forth in this Contract . Assignment: The Grantee may not assign the Grantee's obligations or tbe Grantee's right to receive payment hereunder. However, upon Grantee's written request approved by the issuing purchasing authority, the Agency may: (a) Forward the Grantee's payment cbcck(s) directly to any person or entity designated by the Grantee, or (b) Include any · person or entity cbignatcd by Grantee as a joint payee on the Graotce's payment checlc(s). Such approval and action does not obligate the State to anyone other than the Grantee and the Grantee remains responsible for fulfillment of all contract obligations. Beneflclarfes: Except as herein specifically provided otherwise, this Contract inures to the benefit of and is Attachment A DEQ Contract 6720 binding upon the parties hereto and their respective successors. It is expressly understood and agreed that the enforcement of the terms and condruons of this Contract, and all rights of action relating to such enforcement, are stric:tly reserved to the Agency and the named Grantee. Nothing cootalncd in this document shall give or allow any claim or right of action whatsoever by any other third person. It is the expra;s intention of the Agency and Grantee that any third person receiving services or benefits under this Contract js an incidental beneficiary only. Indemnity IndeDllllfication: In the event of a claim against either party by a third. party arising out of this contract, the party whose actions gave rise to the claim is responsible for the defense of the claim and any resulting liability, provided !hat a party ~ay not waive the other party's sovereign unmuruty or Sllll11ar defenses. The parties agree to consult with each other over the appropriate handling of a claim and, in the event they cannot agree, to consult with the Office of the Anomcy General. Default all.cf Tumination Termination by Mutual Content: Either party may terminate this agreement upon thirty (30) days notice in writing from the other party. In that event, all finished or unfinished documents and other materials at the . ' option of the Agency, be submitted to the Agency. If the contract is terminated as provided herein, the Grantee is paid in an amount which bean the same ratio to the total compensation as the services actually performed bear to the total services of the Grantee covered by this agreement; for costs of work performed by subcontractors for the Grantee provided that such subcontracts have been approved as provided herein; or for each full day of services performed where compensation is based on each full day of services performed, less payment of compensation previously made. The Grantee repays to the Agency any compensation the Grantee has received which is in excess of the payment to which he is entitled herein. Termination for Cause: If, through any cause, the Grantee fails to fulfill in timely and proper manner the obligations under this agreement , the Agency thereupon has the right to terminate this contract by giving written notice to the Grantee of such termination and specifying the reason thereof and the effective date thereof. In that event. all finished or unfinished documents, data, studies, sur:veys, drawings, maps, models, photographs, and reports prepared by the Grantee, at the option of the Agency, be submitted to the Agency, and the Grantee is entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. The Grantee is not relieved of liability to the Agency for damages sustained by the Agency by virtue of any breach of this agreement. and the Agency may withhold payment to the Grantee for the purpose of 100316a HC BOC Page 97 set off until such time as the exact amount of damages due the Agency from such breach can be determined. Waiver of Default: Waiver by the Agency of any default or breach in compliance with the terms of this Contract by the Grantee is not a waiver of any subsequent defimlt or biuch and is not a modification of the terms of this Contract unless stated to be such jn writing, signed by an authom:ed representative of the Agency and the Grantee and attached to the contract. Availabilfty 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 the Agency. Force Majeure: Neither party is in default of its obligations hereunder if it is prevented from performing such obligations by any act of war, hostile foreign action. nuclear explosion, riot, strikes, civil insurrection, earthquake, hwricane, tornado, or other catastrophic natural event or act of God. Survi\lal of Promises: All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shalJ survive the contract expiration or termination date nnJess specifically provided otherwise herein, or unless superseded by app]icable federal or State statutes ofJimitatioIL Intellectual Property Wghts Cop)'rlgbts and Ownership of Deliverables: Any and all copyrights resulting from work under this agreement shall belong to the Grantee. The Grantee hereby grants to the North Carolina Department of Environment and Natural Resources a royalty-free, non-exclusive, paid- up license to use, publish and distribute results of work under this agreement for North Carolina State Government purposes only. Compliance with Applicable Laws Compliance with Laws: The Grantee understands and agrees that it is subject to compliance 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 havingjurisdiction and/or authority. · Equal Employment Opportunity: The Grantee undemands and agrees that it is subject to compliance with all federal and State Jaws relating to ~ual employment opportunity . Confidentiality Attachment A DEO Contract 6720 Confldendallty: As authori2ed by law, the Grantee keeps confidential any infonnation, data, instruments, documents, studies or reports given to or prepared or assembled by the Grantee under this agreement and do~ not divuJge or make them available to any individual or organiution without the prior written approval of the Agency. The Grantee 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 or without the prior written approval of the Agency. Oversight Acetis to Persons and Records: The State Auditor and the using agency's internal auditors shall have access to persons and records as a result of alJ contracts or grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7 and Session Law 2010-194, Section 21 (i.e., the State Auditors and internal auditors may audit the records of the contractor during the term of the contract to verify accounts and data affecting fees or performance). The Contractor shall retain all records for a period of five years following completion of the contract or until any audits begun during this period are completed and findings resolved, whichever is later. Record Retendon: The Grantee may not destroy, purge or dispose of records without the express written consent of the Agency. State basic records retention policy requires all grant records to be retained for a minimum of five years or until all audit c.1:ceptions have . been resolved. whichever is longer. If the contract is subject to Federal 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 Status Report. Also, if any litigation, claim, negotiation, audit, disallowance action, or other action involving this Contract has 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 jssues which arise from it, or until the end of the regular five-year period described above, whichever is later. Time Record,: The GRANTEE will maintain records of the time and effort of each employee receiving compensation from this contract, in accordance with the appropriate 0MB circular. Miscellaneous 100316a HC BOC Page 98 Choice or 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 Grantee, by signing this Contract, agrc:es 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 Wake County, North Carolina. The place of this Contract and all transactions and ~m.ents relating to it, and their situs and forum, shall be Wake 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 the Agency e.nd the Grantee. Severabllity: 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. Time of the Essence: Tnne is of the essence in the performance ofthls Contract. Care of Property: The Grantee agrees that it is responsible for the proper custody and care of any State owned property furnished him for use in connection with the performance of his contract and will reimburse the State for its loss or damage. Travel Expenses: All travel, lodging, and subsistence costs are included in the contract total and no additional payments will be made in excess of the contract amount indicated in above. Contractor J11Ust adhere to the travel, lodging and subsistence rates established in the Budget Manual for the State ofN orth Carolina. Sales/Use Tax Refunds: If eligible, the Grantee and all sub-grantees shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the 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 Grantee may not use the award of this Contract as a part of any news release or commercial advertising. Attachment A DEQ Contract 6720 Recycled Paper: The Grantee ensures that all publications produced as a result of this contract are printed double-sided on recycled paper. Soverelgu Immunity: The Agency does not waive its sovereign immunity by entering into this contract and fully retains all immunities and defenses provided by law with respect to any action based on this contract. Gratuities, Kickbacks or Contingency Fee(s): The parties certify and warrant that no gratuities, kickbacla, or contingency fee(s) are paid in connection with this contract, nor an: any fees, commissions, gifts or other considerations made contingent upon the award of this contract. Lobbying: The Grantee certifies that it (a) has neither used nor will use any appropriated funds for payments to lobbyist; (b) will disclose.the name, address, payment details, and purpose of any agreement with lobbyists whom the Grantee or its sub-tier contractor(s) oi: sub- grantee(s) will pay with profits or non-appropriated funds on or after December 22, 1989; and (c) will file quarterly updates about the use of lobbyists if material changes occur in their use. By Executive Order 24, Issued by Governor Perdue, aad 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, suppJier, or vendor), to make gifts or to give favors to any State employee of the Governor's Cabinet Agencies (i .e., 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: (1) have a contract with a governmental agency ; or (2) have performed under such a contract within the past year; or (3) anticipate bidding on such a conbact 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 detennine if those agencies have adopted Executive Order 24." 100316a HC BOC Page 99 Attachment B DEQ Contract 6720 Co nve nie n ce Center Co m mingl ed R ecycling Collection Grant P rogram APPLICATION GUIDELINES N .C. Department of Environment and Natural Resources Dh~sion of Environmental Assistance and Customer Service The purpose of this gran1 program is to assist local governments with the implementation of commingled recycling collection at staffed convenience centers using compacting roll-off collection systems . The Division of Environmental Assistance and Customer Service (DEACS) administers the Convenience Center Commingled Recycling Collection Grant Program through the Solid Waste Management Outreach Program. With the release of these application guidelines, DEACS is accepting applications for funding from counties, municipalities, and solid waste authorities seeking to implement commingled recycling collection at staffed convenience centers . Applicants should carefully read this entire document and are strongly encouraged to contact Rob Taylor at {919) 707-8139 / rob.taylor@ncdenr.gov or Joseph Fitzpatrick at (919) 707-8121 / joseph.fitzpatrick{alncdenr.gov to discuss grant program parameters prior to submitting an application. Eligible Entities: North Carolina counties, municipalities and solid waste authorities are eligible for funding through the Convenience Center Commingled Recycling CoJJection (CCCRC) Grant Program. Available Funding, Application Due Date, and Equipment Requirements: The Division of Environmental Assistance and Customer Service plans to offer grants through the Convenience Center Commingled Recycling Collection Grant Program for the duration of funding availability. Grant funding is only available for jurisdictions that operate staffed convenience centers or other staffed drop-off sites collecting residential recyclable materials from the public. In general, approved grant applications will be funded in the order in which they were received . Grant contracts will only be initiated once all application requirements are met. There is no due date for grant applications. Applications will be accepted on an ongoing basis while funding is available. Applicants are strongly encouraged to submit applications at least 90 days prior to intended project implementation. In the event that grant funding is not available when an application is received, DEACS will place applicants on a waiting list in the order in which applications were received and approved, and then DEACS will initiate a grant contract as soon as funds become available. Convenience Center Commingled Recycling Collection Grants are only available for the direct purchase of compacting roll-off systems that will be used to collect commingled residential recyclable materials from the public. Both self-contained compacting roll-off systems and stationary compacting roll-off systems using detachable roll-off receiver boxes are eligible for grant funding support. Compacting roll-off systems used to collect municipal solid waste are not eligible for grant funding, and grant funds are not available to support the leasing or renting of equipment. Grant Amounts and Ca sh Match: The maximum amount of grant funding tha t is availabl e through a Convenience Center Commingled Recycling CoJlection Grant is $31,000, o r $15,500 per compacting roll-off system with a maximum grant supported purchase of two (2) compacting roll-off systems. Applicants may either apply once for one ( 1) Convenience Center C ommingled Recycling Collection Grant of $31,000 to support the purchase of two (2) compacting roll-off systems, or they may apply for twice for two (2) separate Convenience Center Commingled Recycling Collection Grants of $15,500, with each grant supporting the purchase of~ (I) compacting roll-off system . The lifetime maximum CCCRC Grant funding limit for any one applicanl is $31 ,000. DEACS will reimburse grantees for the dire ct purchase of self-contained c ompacting roll-offs or combination stationary compacting units and detachable roll -off receiver boxes , not to exceed $15 ,000 in equipment funding per RC'\·ised J anuary 2(1J5 AVA ~l 100316a HC BOC Page 100 Attachment B DEC Contract 6720 roll-off system fol' up to two systems in the jurisdiction ($30,000 maximum award for equipment). An additional $500 may be requested per compactor system being purchased to create and/ or update signage and / or to create recycling outreach materials for distribution to citizens using the convenience centers ($1,000 maximum award for education and outreach support including signs). There is no minimum cash match requirement. however the cost of all eJCpenditures beyond the grant award amounts that are allocated to compacting roll-off equipment and education and outreach support will be the responsibility of the applicant. Convenience Center Commingled Recycling Collection Eligibility Reguh'ements: 1. Commingled Colleetion -Only communities intending to collect commingled recyclables in roll-off containers (sometimes known as "single stream" collection) at staffed drop-off sites are eligiole for CCCRC Grant funding. Eligible projects can include either the initiation of comming]ed recycling for the first time, or the transition from the loose collection of recycla~les to compacted collection. Compacting roll-off systems that will be used for the collection of source separated recyclable materials and/or recyclables intentionally mixed with municipal solid waste for mixed waste processing are not eligible for CCCRC grant funding . 2. Allnwed Roll-off Units-Communities transitioning to the use of a compacting roll-off system for commingled recycling collection at convenience centers under this grant program may purchase a self- contained compacting roll-off system or they may purchase a combination of a stationary compacting unit plus one detachable roll-off container (typically 40 cubic yards in volume). 3. Maximum Funding Eligihllitv -To ensure that sufficient funds are available for aU communities interested in connningled recycling collection at convenience centers, local governments and solid waste authorities wm be limited to the purchase of two (2) CCCRC grant funded compacting roll-off systems. 4. Retroactive Costs -DENR grant-making rules do not allow for the reimbursement of costs made prior to the execution of a grant contract. Any grant-related purchases made prior to the grant contract period start date will not be reimbursed. It is estimated that grant contracts will be in place approximately two months after a convenience center commingled recycling collection grant application is finalized and a grant is formally awarded (see al~: "Agreement on Final Grant Applications" below). 5. Applicant must he in good stanmng with DENR - • Applicants with delinquencies on existing DEACS grants (e.g., failure to submit final report) will not be considered for funding until such delinquencies are corrected. • Applicants with outstanding Notices of Violations related to solid.waste management rules and statutes w:ill not be eligible for funding until the Division of Waste Management bas determined the violation(s) bas been corrected. • Applicants that have failed to complete and submit the required Local Government Solid Waste and Materials Management Annual Report will not be considered for funding. 6. Agreement on Final Grant Applications -As a condition of grant award, DEACS may work with applicants to revise mitially submitted proposals before entering into a grant contract. Any changes to initial proposals must be approved by DEACS and the applicant. and the resultant final grant application will become an attachment to the Grant Contract. Contract Period; The contract period for this grant is one year. Grantees must expend funds and submit a final report within the contract period unless the contract tenn is extended by written agreement between the grantee and the N.C. Department of Environment and Natural Resources. Requests for no-cost time extensions should be submitted to the division at least 60 days prior to the contract expiration date. Funds not expended by the eod of the contract period will be forfeited. Any funds expended prior to the start of the contract will not be reimbursed . 2 100316a HC BOC Page 102 Attachment B DEQ Contract 8720 Application Requirements: The infonnation on the next page outlines the eight (8) mandatory components of a Convenience Center Commingled Recycling Collection Grant Application. Please ensure that applications include each of these sections in tbe order listed. 1. Contact Information including: • Name and title of main contact • Organization • Address • Telephone and fax numbers • E-mail address 1. Project Description: Provide a description of your plan for implementing the collection of commingled recyclables using a compacting roll-off system at a staffed convenience center. This plan must include tbe identification oftbe specific site(s) where commingled collection will be implemented, the entity hauling the roll~off containers (local government or contract hauler), the.style of compacting equipment to be purchased (self-contained or stationary), and the name and location of your recycling processor. 2. Materials Collected: List the materials to be collected by your commingled recycling collection program. The following materials must be included in your program: aluminuni and steel cans, corrugated cardboard, mixed paper (including newspapers, glossy magazines and telephone books), glass bottles and jars*, and all plastic bottles. In addition, the collection of other materials including non-bottle plastic containers, milk cartons and juice boxes/aseptic containers is strongly encouraged. If desired, a comnumity may collect corrugated cardboard separately from commingled materials, but CCCRC grant funding is not available to support the purchase of roll-off systems for the collection of separate corrugated cardboard. DEA CS staff members are available to help detennine the best feasj>le collection mix for your community. Please include a copy of acceptable items as provided by your recycling processor. *Special note about gloss: communities may consider collecting glass separately from the commingled recyclables. PleOJe check with DEA CS staff about this option before submitting an application . 3. Measurement Plan: Provide a description of plans to collect data about the before-and-after effects of implementing commingled collection using a compacting roll-off system at your convenience centers. The plans should include estimates of the current frequency of hauls of recyclable materials and current tonnage hauled on a monthly basis. The measurement plan should also include a method for tracking haul frequency and monthly tonnage after the implementation of commingled collection using a compacting roll-off system . 4. Pabllc Outreach Plan: Provide a detailed description of plans for recycling program promotion. This Public Outreach Plan should include a strategy for educating residents about commingled recycling prior to the implementation of commingled recycling collection, end the plan should also include continued education after commingled collection has been implemented. The public outreach plan should include new or revamped signage and distribution of educational materials to convenience center users, as well as other methods of encouraging higher recycling participation. State specifically in your Public Outreach Plan here and indicate in the Program Budget whether you intend to request for supplemental ·grant funds to support the purchase ofsignage and/or outreach materials. If available, please. provide examples of any signage information/ graphics, and outreach materials whlcb you plan to use. DEA.CS staff members are available to provide feedback on and assistanc~ with the development of any educational and promotional materials. S. Implementation Timellne: Provide a bulleted timeline for the proposed grant project. The timeline should include the date when compacting roll-off equipment will be placed in service for the collection of commingled recyclables and the date when the final report will be submitted to the state to complete the grant project. 3 AVA NCDENR ---.._.. .. ......__ 100316a HC BOC Page 103 Attachment B DEC Contract 6720 6. Program Budget: Provide a budget for the purchase of commingled collection compacting equipment. Please use the following budget fonnat: s J G amp1e rant B d u 1~et Quantity Item DEACS Grant Community Funds Total Funds I 30 cubic yard self-contained $15,000 $3,250 $18,250 compacting roll-off system l New sign and recycling outreach $500 $500 $1,000 materials for Convenience Center Total Proiect EA1>enditures $15.500 $3,750 Sl9,250 Additional costs are likely to be associated with the installation of a compacting roll-off system including site preparation, concrete, installation of electrical infrastructure, freight, and other installation costs. It is not necessary to list these costs in the Program Budget, though communities are encouraged to take these costs into consideration when planning compactor system installation projects. Assistance with budget preparation is available from DEACS. 7 . Quote: Provide a copy of an itemized quote obtained from the intended equipment vendor that specifies the item(s) to be purchased. NOTE: Any expenses incurred before a contract is signed by both DENR and the grant recipient are not reimbursable. How to Submit Applications: Applicants must submit an electronic copy of their proposal, preferably in MS Word format. Receipt of all proposals will be acknowledged by e-mail or other correspondence. Submit electronic versions to rob.taylor@ncdenr.gov. Please submit electronic versions as Microsoft Word (preferred) or Adobe Acrobat attachments. Information for Current or Pre,ious Com·enience Center Commingled Recycling Collection Grantees: • A maximum of two (2) compacting roll-off systems can be purchased using Convenience Center Commingled Recycling Grant funding. In order for a pre\~ous grantee to reapply for CCCRC funding, the return applicant must not have purchased more than one compacting roll-off system with the support of CCCRC funds. In addition, the return applicant must be in good standing with the CCCRC Grant Program and with other grant programs operated by DEACS, and the applicant must be in compliance with all solid waste statutes and rules as detennined by the N.C. Division of Waste Management. • Re-applications will not be accepted until the expiration date of a previous CCCRC Grant has passed. • When allocating funding, first time applicants to the CCCRC grant program may take priority over re- applicants. Other General Terms and Conditions: All grantees are subject to the tenns and conditions listed below. Additional tenns and conditions may be addressed in the grant contract and/ or listed on the fo11owing web site; http://portal.ncdenr.org/web/deao/recyclingtlglfinancial-assistance • EIN and NC E~Procurement Registration -Grantees will be required to provide the local government's EIN (Federal ID number) and to register wi th the state's NC E-Procurement system before a contract can be initiated. You may register with NC E-Procurement using the following link: http://cprocurement .nc.gov/ • Publications -Documents and publications associated with a grant contract should submitted electronically, though if printed must be printed on recycled paper containing at least 30 percent post- • consumer content. Final Reports -A draft final report is required to be submitted to DEA CS at least 30 days prior to the 4 AVA ~l 100316a HC BOC Page 104 Attachment B DEQ Contract 6720 contract end date, and a final report is required to be submitted by the contract end date. Final Reports should be submitted electronically. The final report fonnat will be provided by the assigned grant administrator. • Contract Extensions and Amendments -No-cost time extensions are possible but not guaranteed for grant contracts. Grantees seeking no-cost time extensions should submit a request for a time extension at least 60 days prior to the contract end date. The request for extension must indicate how long the grantee is seeking to extend the project and the reason that the extension is being requested (i.e., why the project cannot be completed on time). Any request for an extension must include a new timeline listing revised project milestones and must include a new budget if budget changes are also being requested. • Reimbursement -DEACS grants funds are distributed on a reimbursement basis. Requests for reimbursement can only be made after the grantee has spent funds on the grant project. Reimbursement requests must be submitted electronically, must be submitted on letterhead, must include copies of invoices, and must include proof that the grantee has made payment. Proof of payment may include copies of cancelled checks or other financial reports showing that funds were spent. State and local sales taxes are not reimbursable, may not be counte<l towards expenditure requirements, and should be excluded from reimbursement requests. Payment of grant proceeds may be made by check or electronic draft, and funds are usualJy distributed between 15 and 30 days after a reimbursement request is received and approved by DEACS. • Final 10 Percent of Funds -DEA CS will continue to reimburse grantees until 90 percent of the grant award amount has been expended . The final 10 percent of grant funds will be held untiJ an acceptable final grant report has been received and approved by DEACS. The final repor1 must be received by the contract end-date. All final requests for reimbursement must be received within 45 days of the contract end-date or all unpaid grant funds will be forfeit. Related Grant Programs and Funding: Implementation of commingled recycJing collection at staffed convenience centers is expected to free up physical space that can be used to offer additional recycling services to the public. Applicants under the Convenience Center Commingled Recycling Collection Grant Program are strongly encouraged to expand or improve these services using the fo11owing funding sources: • Mercury Products Recycling Grants Program -this program assists local governments in offering recycling options for spent compact and tube fluorescent lamps, mercury thennostats, and other mercury containing devices. For more details about this program, see http://portal.ncdenr.org/web/deao/recycling/lg/financial-assistance or contact Joseph Fitzpatrick at 919- 707-8121 or joseph.fitzpatrick@ncdenr.gov. • Community Waste Reduction and Recycling Grants -this program provides possible funding for coJlection of additional materials at convenience centers including oil, oil filters, antifreeze, cooking oil, textiles, carpet, bulky rigid plastics, and plastic bags. For more details about this program, see http://portal.ncdenr.org/web/deao/recycling/lg/financial-assistance or contact Rob Taylor at 919-707-8139 or rob.taylor@ncdenr.gov. • White Goods Distributions and Grants -funds distributed to counties for the management of white goods may be used to improve infrastructure at convenience centers for the collection of white goods and related materials. Supplemental white goods grants may also be used for the same purpose . For more information on the use of white goods distributions or grants, see http://portal .ncdenr.org/web/wm/sw/whitegood s or c ontact Bill Patrakis at 919-707-8290 or at william.patrakis(@ncdcnr .gov. • Electronics Management Fund Distributions -local governments receiving electronics management fund distributions may use this funding to purchase equipment, structures, and supplies that streamline or improve their collection of electronic products from the public ot convenience centers. For more information on this program, see: http://portal.ncdenr.orglweb /wm/sw/e lectronics/localgov or contact Ethan Brown at 919 707-8249 or at et h an.brown(alncdcnr .gov. 5 100316a HC BOC Page 106 Attaehment C DEQ Contract 6720 · Harnett COUN'rY NORTH CAROLINA August 28, 2015 Mr. Joseph Fitzpatrick Division of Environmental Assistance and Outreach Engineering and Facilities Management P.O. Box 2773 91M14-6156 200 Alexander Drive 910-814-4041 fax Lllllngton, NC27546 www.harnett.org North Carolfna Department of Environment and Natural Resources 1639 Mail service Center, Raleigh, NC 27699-1639 RE: Hamett County 2015 Convenience Center Commingled Recycling Collectlon·Grant Proposal Dear Joseph: Please find attached our.final grant application In support of two new self-contained recycling compactors for Hamett County. We hope to see the same success with the Installation of these compactors as we have seen with the installation of recyclable compactors at Dunn Erwin and Anderson Creek. Thank you for vour c;ooperation. Sincerely, Amanda L. Bader, PE County Engineer strong roots • new growth f ' , f i , I 100316a HC BOC Page 108 Attachment C DEQ Contract 6720 Engineering and Facilities Management Harnett COUNTY NORTH CAROLINA P.O. Box 2773 910-814-6156 200 Alexander Drive 910-814-8263 fax LIiiington, NC 27546 www.harnett.org August 28, 2015 Mr. Joseph Fitzpatrick Dtvlsion of Environmental Assistance. and Oub'each North carolina Department of Environment and Natural Resources 1639 Mail Service Center, Raleigh, NC 27699-1639 RE: 2015 Convenience Center Commingled Recycling Collectfon Grant ProPosal Oeat Joseph and Selection Committee: We are pleased to submit a proposal for the 2015 Community Waste Reduction and Recycling Grants. Hamett County.would like to fnaease our rec;ycllng efforts in the County. Project rltle: RECYCLE HARNfTTI: Hamett County's effort to increase recycling in the central and western part of the county with two new compactors. Appllcant Contact Information: Harnett County Solld Waste Projeq Dascriptlon Amanda Bader, PE, County Engineer P.O . Box 2773 LIiiington, NC 27546 Phone No. 910-Sl.4-6004 Fax No. 910-814-4041 Hamett County Tax ID: XX XXX 306 Harnett County has installed two recycling compactors for each of Its landfills, which have Increased recvcllng volume. With this grant Harnett County wlll expand recydlng to two new locations. The grant funding will Install a self<ontained compactor at the new Ponderosa site which will serve approximately 15,000 to 25,000 ftouseholds and a self-contained compactor to be placed at the Hamett County Engineering and Facility Maintenance (EFM} Building which will serve residents in the Ullington/Buies Creek .area, approximately 5,000 citizens. The EFM building will replace the unmanned campbell site. The mmpactor will be hauled and the site will be staffed under our current contract with Republic Waste. MatertaJs that are collected will be trucked to the Sonoco MRF In Raleigh or the Pratt MRF in Fa vettevllle. Materlals collected The following commingled recyclables will be collected at both sites: All plastic contaTners #1·7, bottles, jugs, and tubs Cardboard Aluminum cans and foil pans strong roots • new growth 100316a HC BOC Page 109 Mr. Fitzpatrick PageZ Steel cans, aerosol cans Allachment C DEQ Contract 6720 Newspaper, magazines, catalogs, mail, office paper, paper bags, phone books, paperboard MIik and juice cartons Glass bottles and jars Measurement Plan The current Johnsonvllle site generated 59.7 tons of commingled recyclables in 8 Cf dumpsters In FY 14- 15.. The loads are weighed at the MRF. Because of increas~d availability and the success seen at the Ander~n Creek landfill, we anticipate-an increase of 70% In recycling rn western Harnett County. The Ponderosa and EFM sites are new, therefore, no pre-compactor data will be available. The current campbell site would be replaced by the new site at the EFM bulldlng. The loads from the Campbell site have often been contaminated because It Is an unmanned site. The reported tonnage for the Campbell site In FV1~15 was 79.36 tons. We anticipate an ;naease of20% at this site based on the Increased tonnage at the Dunn Erwin landfin. We will track each site ustns the recycle tickets submitted by Republlc, our contract hauler; from the MRF. The tickets provide the date, time, and weight of the load. We will maintain a spreadsheet with this infonnation categorized by container location. Public Outreach Plan The County will publish new recycling flyers (current handout attached). The County solid waste program participates In County events to distribute programs to address questions the public has about recycling . New signs proudly displaying the County's recycling logo will be posted on the compactors. Implementation Plan Grant Contl'id term Install the compactors Submit the final grant report to DEACs Program Bud1et De~mber 1, 2015 -November 30, 2016 March 1, _2016 November 30, 2016 Description State Grant Funds county Funds Total 2-Self-contained $30,000 r $14,000 compactors I 2 -Large Metallic $1,000 : $0 Signs (sample attached) Total $31,000 $14,000 Please see attached quote for compactor. $44,000 $1,000 $45,000 We appreciate your consideration and Jook forward to responding to any questions or comments VoU may have . Sincerely, strong roots • new growth 100316a HC BOC Page 110 Mr. Fitzpatrick Page3 Amanda L Bader, PE County Engineer Attachments strong roots • new growth Attachment C DEQ Contract 6720 100316a HC BOC Page 111 .----------.----------,----------··----. -· .. . .... . -~··---- Mtach111e14 e DEC Contract 6720 ·1~-f(-"' Ba~rs Wutt Equipment, Inc. , ·, -1I08NDM'DDd8ISW QUOTATION Oifglnal · . 1111 Lenoir NC 28845 IWU•WAnr EQUIMBn' USA &arll8 EmploJee: RIIII Clmk / HSE CGIIIIU:t Nama: Amanda Bader Tenn a: N30 Item No. RIPTO Hemfll:Galady4oDd W..141 449 Dental& Rd. 81CMIM-ff01 Ramly Dllnt NC 28334 USA 8WE TIIIIIIJMl't, UC UnllPrlce Q&lollRt.: 18538 Datua IIIIDl'1i VllrfUllft 1DIDl't8 p1111111m .. -..: CGtl17 Clltlllller' 1181. Ro.: P,atNO.t ... 1 TOTAL ... ... $21,762.77 TOlal ,, a S11,781JJD 1.DOO 111,781.GD THE ABOVE UNITISFOR PtASTIC RECYCUNGI The abl1ve Is a Pinnm:la S& yd. Sef contained campactor. ' RemDle Power Uni..,, 2DB-230-460V a Ph moZDr & WNlher cover Sfllgla Phase Ralaphue Phase Qnreiler ICa1 Lock conlrDll on panel lice acm and 1009' Advamed WBmfne Ust,111 w/Pmaure Gtuge MIIIIC'/Cfe Timer Doghouse wl Ona Door & Interlock 10' Conlalnar gufde With lltOpa NOTE: Slragle Phase eonverter quoted. PLEASE ADVISE tf 3 Ph par la Vie powas: NKma 1111s fs a BucSaataY auotaUon Plr Your Raqunt Blldgotary Pnces Forlbfl Eqllpment May Be Hl;her or Lower Ovar lime .. Pdce$ Quoted Are Good Forao Days Fmm Date Of Quole. . CClntad BWE to CGtlfinn Pdilel At Time of 0Jd81' Thank You For Tba 9,portunlty I BWE COMPACTOR DISCI.AIMER euatomei m&panBlb!e for off loadln; equpaent Customer wlll pnwlde. cfeara, lewi cam,te pad to epec'a for c.ompealor8. CU81omer reapc,nalhJe fer~ lhe eervlce clJac:annact 1.GOD · l1,10%l.DD aaalrDrllc DIROmtect box mUBt be ntadJ ("hat") ror lnetallallon 81\d In Una of• ,sa havt tt,e pn,per "IBl8ct amp fLllea" In the l>mt. Cuatomerv.ill be 1811ponalble lot movtns equipment Jnla pllm fDr final aecurfng lo s,ad. If exlatlng equlpmant ta to t,a ~. a la Iha eualomer NSpanslbOII)' to remove the olcl equipment tom the pad befoie the IMtatlatlcm of 1!'1• hllW equipment l>esna. '-: (IZI) nNOIO 100316a HC BOC Page 112 DEQ ContraCI 6720 I'.,:,.-Bakers Waste Equipment, Inc. :·~ ... -1808NorwoodstSW · ' .. lenDlr NC 28645 iAmS""'--,WAnJ-· -.-.,,.,-.-Sff-USA . QUOTATION QualaND,: Dllr. ValdUnlll: Cualoffllr No.c C.,..._.Aaf.No.: 18U8 Dlmll115 10IDMS C01517 Pap Ho,1 Pllll 2 Wa App,edale Vourlnlerelt In IMfE Producta, And For This OppoztumtvTo Do llllllneA, \ Ron CJer1c \ BW& e.ste,n Region &alu Manager ~(c;e!Q . hM'184272 (o18ce) 81M2Ma8 (faxJ rd~ .....,Ttma: ~ (6) Wetlca Allar Race!pt or oJder .. Subject To Chln;e M lfrna Df Older -Pttcea Quo1ld Are Good For 30 Daya From Tha 09le Of The Quote "Sates TaxWID Be AppJled Unlall BWE His A Tax EKempl Certficeta On FIie •customer rs Raponalbte And Uabla Far OfflD&dlng EQuJpmenS Upon Dellvery Untnt Allemate Malhods Have Been Arranged PlfarTD Dallvtry . Ordar Tame and CondJllona: Older Conftmlatlon-quotu ara conffrmed Into otd&II based on c:ustomer verbal or v.tftten confirmation. ALL INFORDIAllON COl'lTAINED IN A CONFJRMa> QUOTE WILL BECONSD>!R!D CORRE:CT N«> ACCURA'TEATTHE TIMEOF THE ORDER . Purchase Orders ere l800ffllll9nded and preferred to confirm an order. TIie qUDBf prvduct Hem, prloe, quenaty, and 1)eeiffcatl0n111B aiso ~ it tie llme Ula cmfar Is oanflnn1d. Pllces d be 1ubject to change baaed an en, eubleqwlnt altlf'atim, to quanllty, pmdUClt dell;n ar speollae1lon. logllth:&, or dllMII)' schedu1e. Order ClnCeUllfana-cancelled ar reviled ord11r1 muat be approved by BWE and may be eul>]ect ta a chlnG• order fH af 251' If tha order It Heady_ In pl'Dduotlon Payment T~ -rnelhCd mus payment tenns ant cantrmed ll llml Df Dlder. New accounts wDI ba IUbJed to a depo&ff, prepayment. and I or COD payment terma untll a l:lecfil appllcallon can be ptooeaeed for paymanl term apllono Warranty-atandlrd BWE warralll)' apples IO all new produclt told. Warral"lb' dllte begins on Iha dalll the p,oducl II NCllftd and It only valld If Ille producta haVa been received, and paid for In fUII GNpp!ng Dama;N -eny cllm&gN must ba noted at the time of dllivery ~ the hfghl company that ddwlna the product. Fallure to do so may flopMdlza any dan-ae clalm 1D repair,~ or reple;e lhe ctameged product. CUt&omer Is relJX1llllble for offloading 91pp,nent and Is Dable fDr damage& during offloading unteas ann;ed o1herwlle Retum Polkly-pn,d&Jm nam haVe return autholimSlan from BWEprforto them being retumad. Heml returned am aubjectto 1 1881ocldnp fw Df21%. BWE reservu lhuole rlphl towatJe any feklm or reatocldp fees· · · '· 100316a HC BOC Page 113 I ~,-M\ Balun Waste Equipment, Inc. ~.',. ; 1808NonroadStSW •• _ · ·· ·• · umDlr NC 28845 imM WMR~ USA . rm ieiiwJDijj&iuse 1 ea,.l TL Co Hsnetl CowrlY l.F, Dunn, NC .~·· Plulnis: Ba-72H001· Fmc (IZIJ l2N010 DEQ Contract 8720 QUOTATION QWIIIIN.: Date: Va1Jd Unlll: CIIIIMlll'No.: Catrmlerllef. No.: Pase No.: 8u1llola1 8hlpplns Tax To1al 18SS8 IIMIIJt& 10l0tl18 C01t17 Page 8 rJ a 118,181.011 uao.1111 &1,1§1,ll . ·---------- 100316a HC BOC Page 114 tR E C Y C l E HE R ·E - Ha r n e t t C O U N T Y NO R T H CA R O L I N A ~ il ~g. ii 0 (') 100316a HC BOC Page 115 Agenda Item 4-,NJ Board Meeting Agenda Item MEETING DA TE:~,temhc1 6, 2Q.l6 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Request permission to accept contract from Harnett County Workforce Development WIOA Program REQUESTED BY: Tyrone L. Fisher, County Extension Direct#, REQUEST: The North Carolina Cooperative Extension, Hamett County Center, request permission to accept 2016-2017 contract agreement in the amount of $3,600 with Hamett County Workforce Development WIOA program. This contract agreement includes having Extension's Community Rural & Development Agent provide readiness training to Hamett County Workforce Development Young Adults & Youth who are enrolled in the Workforce Innovations & Opportunity Act Youth Program. The progam is operated under the WIOA E mployment and Training Opportunities to youth ages 14-24 . FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C :\Users\swi II iams\Des ktop\C ou nty fo rm s\agendafo rm 201 6.doc I of2 Page 100316a HC BOC Page 116 Contract Between Harnett County Cooperative Extension Agency And Harnett County Workforce Development (HCWD) WIOA Program Under this agreement Harnett County Cooperative Extension agrees to contract, services provided by Kittrane Sanders, CRD Agent, Harnett Cooperative Extension-("Instructor") to expenses, and to provide classroom facilities if needed and instructor amenities, as enumerated in this contract. Purpose Purpose of this contract is for Harnett County Cooperative Extension is to provide Work Readiness Training to Harnett County Workforce Development Young Adults & Youth who are enrolled in the Workforce Innovations & Opportunity Act Youth Program. The program is operated under the WIOA Title 1-B of 2014 , serving eligible youth in Harnett County. The WIOA program provides Employment and Training Opportunities to youth ages 14-24. Therefore, Harnett County Workforce Development seeks to contract with Harnett County Cooperative Extension to provide the following instructional components to Harnett County WFD Young Adult and Youth who are enrolled in the Workforce Innovations & Opportunity Act Program. Services to be provided by H.C. Cooperative Extension in ../ Community Service opportunities ../ Team work ../ Civic engagement ../ Positive attitudinal development ../ Conflict Management/Resources ../ Self-esteem ../ Entrepreneurship ../ Skill /Asset Building & Information Effective Date This contract is effective ~ugust 1, 2016 upon signature of both parties will remain in effect until terminated. Definitions Class: A workshop or program Workshop: A class comprised of lectures, demonstrations, student hands-on practice and exploration, one-on-one instruction as needed, and more thorough coverage of topic if needed -u sually 2 or more hours per class Program: A class comprised of lecture and demonstration only -u sually not exceeding 2 hours Nondiscrimination Clause The partners to this contract agree that they will not discriminate in practices or services on the basis of gender, age, race, color, creed, religion, national origin or disability, or on the basis of any other classification protected under the state or federal law. 100316a HC BOC Page 117 Contracting Organization Hamett County Workforce Development Organization Name 1137 East Cornelius Harnett Bl vd . Address 910-893-2191 Phone Class Site Location may vary Location Name Charlotte Leach Contact Name Lillington, NC 27546 City, State/Province, Postal Code 910-814-4046 Fax cleach@harnett.org Ematl City, State/Province Class Size -A workshop is limited to a maximum of 20 students unless otherwise noted in this agreement. A program can have any number of students, subject to the space and seating for which the Partner has prepared. Per Day Commitment -Unless there is prior agreement , Instructor will deliver up to 40 hours from ~ugust 1, 2016-June 30, 2017. Appearances at ancillary events beyond the two hours per day maximum are at the Instructor 's option. Facilities-For either workshops or programs, partner agrees to provide a well-lit classroom equipped with tables and chairs to accommodate all students . For workshops only, the room additionally needs to be spacious enough and arranged such that the Instructor can move around among students to give individual instruction and assistance. Payment Terms: contract amount $3,600.00 Cancellation Policy The Partner or Instructor may tenninate this Agreement at any time by giving the other party 30 days written notice. In the event that Instructor must cancel any class( e s) within a timeframe ofless than 30 days due to illness , family emergency, act of God or war, Instructor will make every effort to reschedule the remaining class(is) giving the Customer priority placement in the In structor's schedule. Signature-Hamen County Workforc e Development -Director Date Na m e Signature-Hamen County Manager Date 100316a HC BOC Page 118 North Carolina Cooperative Extension Service NC STATE UNIVERSITY Invoice 08 /08 /2016 Billing Address: Shipping Address: Name: Harnett County Cooperative Extension n/a Group: Harnett County Workforce n/a Development WIOA Address : 1137 E Cornelius Harnett Blvd n/a City/State/Zip Lillington, NC 27546 n/a Contact : Charlotte Leach Phone: 910-893-2191 n/a Email: cleach(@harnett.on? Shipping Method: Date Description August 30, 2016-J une Contract amount for a total of 20 young adult youth 30'' 2017 Work Readiness training from August 1, 2016-June 30, 2017. To include materials, supplies and transportation Hamett County Center 126 Alexander Drive, Su ite 300 Lillington, NC 27546 Telephone: (910) 893-7530 Fax: (910) 893-7539 http://www.ces.ncsu.edu/harnett/ I Amount Amount Each 180.00 $3,600.00 TOTAL $3,600.00 Make check payable to: Harnett County Cooperative Extension North Ca rolina State University and North Carolina A&T State University commit themsel ves to positive action to secure equal opportunity regardle ss of race , color, creed, national origin , re ligion , sex, age, or disability. In addi tion, the two Universities welcome all persons without regard to sexual orientation . North Carolina Sta te University, North Carolina A&T State University, U.S. Department of Agriculture, and local governments coopera ting. 100316a HC BOC Page 119 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendme nt be made to the annual budget ordinance for the fiscal year ending June 30, 2017: Section 1. To amend t he General Fund , Cooperative Extension program, th e appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7398-465-36-05 CRD (Community Rural Development) 3,600 /l /) -(\ I l 't J ' 'l ) \I '-,/ I ., REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-344-13-00 CRD (Community Rural Deve lopment) 3,600 EXPLANATION : To budget Workforce Development WIAO funds to reflect awarded amount from 2016-2017 Contract Agreement. Finance Officer (date) County Manager (date) Section 2. Copie s o f th is budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Office r fo r their direction. Adopted this Margaret Regina Wheeler Clerk to the Board day of Jim Burgin, Chairman Harn ett County Board of Commissi o n e r s 100316a HC BOC Page 120 Agenda Item 4 -N Board Meeting Agenda Item MEETING DA TE: October 3, 2016 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: 2017 Holiday Schedule REQUESTED BY: Administration REQUEST: HARNETT COUNTY 2017 HOLIDAY SCHEDULE NEW YEAR'S DAY JANUARY 2, 2017 MARTIN LUTHER KING, JR. BIRTHDAY JANUARY 16, 2017 GOOD FRIDAY APRIL 14 , 2017 MEMORIAL DAY MAY 29, 2017 INDEPENDENCE DAY JULY 4, 2017 LABOR DAY SEPTEMBER 4, 2017 VETERANS DAY NOVEMBER 10 , 20 17 THANKSGIVING NOVEMBER 23, 2017 NOVEMBER 24, 2017 CHRISTMAS DECEMBER 25 , 2017 DECEMBER 26 , 2017 DECEMBER 27 ,2017 FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: P:\BOC\a gendaforrn2016.doc MONDAY MONDAY FRIDAY MONDAY TUESDAY MONDAY FRIDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY P age I of 1 100316a HC BOC Page 121 NEW YEAR'S DAY HARNETT COUNTY 2017 HOLIDAY SCHEDULE JANUARY 2, 2017 MARTIN LUTHER KING, JR. BIRTHDAY JANUARY 16, 2017 GOOD FRIDAY APRIL 14, 2017 MEMORIAL DAY MAY29,2017 INDEPENDENCE DAY JULY 4, 2017 LABOR DAY SEPTEMBER 4, 2017 VETERANS DAY NOVEMBER 10, 2017 THANKSGIVING NOVEMBER 23, 2017 NOVEMBER 24, 2017 CHRISTMAS DECEMBER 25, 2017 DECEMBER 26, 2017 DECEMBER 27, 2017 MONDAY MONDAY FRIDAY MONDAY TUESDAY MONDAY FRIDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY 100316a HC BOC Page 122 C. NEAL ALEXANDER I JR. Di re ·tor State Human Resources TO: Agency Heads and Chancellors FROM: Neal Alexander Jr. DATE: January 24, 2013 SUBJECT: 2017 Holiday Schedule Listed below are the holidays that will be observed by State employees during 2017. New Year's Day Martin Luther King , Jr. Birthday Good Friday Memorial Day Independence Day January 2, 2017 January 16, 2017 April 14, 2017 May 29, 2017 July 4 , 2017 September 4 , 2017 November 10, 2017 November 23 & 24, 2017 Monday Monday Friday Monday Tuesday Monday Friday Thursday and Friday Labor Day Veteran's Day Thanksgiving Christmas December 25, 26 & 27 2017 Monday, Tuesday & Wednesday NOTE: The schedule shall be used by all State agencies operating under the policies, rules and regulations of the Office of State Human Resources. Institutions of higher education and agencies requiring a twenty-four hour operation may adopt varying holiday schedules in keeping with operational needs, provided the employees are given the same number of holidays as approved by the State Human Resources Commission. Such special holiday schedules must be filed with the Office of State Human Resources. It is recognized that some agencies may need to adopt an additional holiday schedule applicable to employees working in twenty-four hour operation; this schedule would designate as holidays the specific dates of the legal observances rather than the substitute weekdays when the observance occurs on Saturday or Sunday. This would be in keeping with the purpose of the holiday premium pay policy. ~othing Compares~ An Eq.ial Opportunity Employer State of's;otth Carolina State Human Re source s 116 West ]Orn'S Streer 1331 Mdil Service Center Raleigh. "sC 276QQ -t331 QJQ 807 4600 T q1q 715 q750 F 100316a HC BOC Page 123 Board Meeting Agenda Item Agenda Item _LJ __ -____;O=---- MEETING DATE: October 3, 2016 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Position Requests REQUESTED BY: Kimberly A. Honeycutt, Finance Officer REQUEST: Request that the Hamett County Board of Commissioners approve the addition of four Deputy Sheriff Positions, (PSN 248, Grade 66) and three Senior EMT Paramedics (PSN 490, Grade 59). These positions will become effective January 1, 2017. These positions were requested as part of the 2016-2017 Fiscal Year to allow the two departments to meet the Citizens needs during periods of high call volume. COUNTY MANAGER'S RECOMMENDATION: C:\Users\gwh eel er\AppData\Local\M ic rosoft\ Windows\INetCach e\C ontent.Outl ook\T PTEQ C LV\201 6 New Positions fo r EM S a nd She ri ff.d oc Page I of I 100316a HC BOC Page 124 Ha r n e t t Co u n t y Sh e r i f f - 51 0 0 Fi s c a l Ve a r 20 1 6 - 20 1 7 Sa l a r i e s an d Wa g e s • • A n n u a l • • ** Six Months ** Po s i t i o n De p a r t m e n t Re q u e s t e d Department Requested He a l t h Li f e De n t a l Em p l o y e e Po s i t i o n Co n t r o l G r a d e An n u a l Sa l a r y Annual Salary 65 0 . 0 0 5. 2 3 30 . 0 0 Ne w Po s i t i o n DE P U T Y I 24 8 66 39 , 1 9 5 19 ,598 65 0 . 0 0 5. 2 3 30 . 0 0 Ne w Po s i t i o n DE P U T Y I 24 8 66 39 , 1 9 5 19,598 65 0 . 0 0 5. 2 3 30 . 0 0 Ne w Po s i t i o n DE P U T Y I 24 8 66 39 , 1 9 5 19 ,598 65 0 . 0 0 5. 2 3 30 . 0 0 Ne w Po s i t i o n DE P U T Y I 24 8 66 39 , 1 9 5 19,598 No t e : Gr o d e 66 sa l a r y ra n g e is $3 5 , 6 3 2 - $4 2 , 7 5 8 - $5 5 , 2 3 0 . Fo r th i s an a l y s i s , th e 3 ye a r ra t e is us e d . 2, 6 0 0 20 . 9 0 12 0 TO T A L S 15 6 , 7 8 0 78,390 TO T A L BU D G E T E D ( 4 Po s i t i o n s ) $1 5 6 , 7 8 0 $78 ,390 100316a HC BOC Page 125 He a l t h Li f e De n t a l Ha r n e t t Co u n t y Sh e r i f f - 51 0 0 Fi s c a l Ye a r 20 1 6 - 20 1 7 Sa l a r i e s an d Wa g e s Em p l o y e e Ov e r t i m e Co m p Ti m e Pa y o u t Lo n g e v i t y Pa r t Ti m e Bu d g e t Gr o u p In s u r a n c e Ex p e n s e Po s i t i o n Gr o u p In s u r a n c e Ex p e n s e - Em p l o y e e Cl i n i c ($ 1 5 pe r em p l o y e e ) Gr o u p In s u r a n c e Ex p e n s e - De n t a l FI C A Ex p e n s e (7 . 6 5 % ) La w En f o r c e m e n t Of f i c e r (L E O ) Re t i r e m e n t Ex p e n s e (8 .00 % ) 40 1 ( k ) Su p p l e m e n t a l Re t i r e m e n t Ex p e n s e (5 % La w En f o r c e m e n t Of f i c e r s ) Un e m p l o y m e n t In s u r a n c e - To t a l Wo r k e r s ' Co m p e n s a t i o n - To t a l Wo r k e r s ' Co m p e n s a t i o n Wo r k e r s ' Co m p e n s a t i o n - mo d i f i c a t i o n fa c t o r 1. 0 0 Po s i t i o n Co n t r o l Gr a d e * * A n n u a l * * ** Six Months 0 De p a r t m e n t Re q u e s t e d Department Requested An n u a l Sa l a r y Annual Salary 0 0 0 0 0 0 0 0 31 , 4 5 1 15 ,725 72 0 360 1, 4 4 0 720 11 , 9 9 4 5 ,997 12 , 5 4 2 6,271 7, 8 3 9 3,920 1 ,5 6 8 784 8 ,2 3 1 4,115 4, 1 1 5 2,058 4, 1 1 5 2,058 $2 3 2 , 5 6 5 $116,282 2 100316a HC BOC Page 126 He a l t h Li f e De n t a l 65 0 . 0 0 7. 1 1 30 . 0 0 65 0 . 0 0 7. 1 1 30 . 0 0 65 0 . 0 0 7. 1 1 30 . 0 0 1, 9 5 0 . 0 0 21 . 3 3 90 Ha r n e t t Co u n t y Em e r g e n c y Me d i c a l Se r v i c e - 54 0 0 Fi s c a l Ye a r 20 1 6 - 20 1 7 Sa l a r i e s an d Wa g e s Po s i t i on Em p l o y e e Po s i t i o n Co n t r o l Gr a d e Ne w Po s i t i o n SR EM T - P A R A M E D I C * 49 0 59 Ne w Po s i t i o n SR EM T - P A R A M E D I C * 49 0 59 Ne w Po s i t i o n SR EM T - P A R A M E D I C * 49 0 59 an n u a l sa l a r y ba s e d up o n 33 4 0 wo r k ho u r s pe r ye o r TO T A L S Ov e r t i m e (m a n d a t o r y tr a i n i n g ) Co m p Ti m e Pa y o u t Lo n g e v i t y Gr o u p In s u r a n c e Ex p e n s e Gr o u p In s u r a n c e Ex p e n s e - Em p l o y e e Cl i n ic ($ 1 5 pe r em p l o y e e ) Gr o u p In s u r a n c e Ex p e n s e - De n t a l FI C A Ex p e n s e (7 . 6 5 % ) Re t i r e m e n t Ex p e n s e (7 . 2 5 % ) 40 1 ( k ) Ex p e n s e (2 % ) Un e m p l o y m e n t In s u r a n c e Wo r k e r ' s Co m p e n s a t i o n - To t a l Wo r k e r ' s Co m p e n s a t i o n Wo r k e r s ' Co m p e n s a t i o n - mo d i f i c a t i o n fa c t o r 1 GR A N D TO T A L S • • A n n u a l * * •• Six Months •• De p a r t m e n t Re q u e s t e d Department Requested % An n u a l Sa l a r y Annual Salary 10 0 53 , 6 9 1 26,846 10 0 53 , 6 9 1 26,846 10 0 53 , 6 9 1 26,846 16 1 , 0 7 3 80,537 16 1 , 0 7 3 80 ,537 2, 0 0 0 1,000 0 0 0 0 23 , 6 5 6 11,828 54 0 270 1, 0 8 0 540 12 , 3 2 2 6,161 11 , 6 7 8 5,839 3, 2 2 1 1,611 1, 6 1 1 805 11 ,6 9 4 5,847 5, 8 4 7 2,923 5, 8 4 7 2,923 $2 2 8 , 8 7 5 $114,437 100316a HC BOC Page 127 Board Meeting Agenda Item Agenda Item L./ -P MEETING DATE: October 3, 2016 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Approve Pricing for Brightwater Business Park and Brightwater Science & Technology Park REQUESTED BY: Paula K. Stewart, Deputy County Manager REQUEST: Request approval of pricing for parcels in the Brightwater Business Park and Brightwater Science & Technology Park. Harnett County currently contracts with Avison Young as our commercial broker who provided the pricing. Retail Parcels (proposed lots 4, 5, 6 , 7, 11, 12, 15, 16)-$175 ,000 to $230,000 per acre Medical or Retail Parcels (proposed lots 2 , 8 , 9, 10, 13 & 14) -$150,000 to $230,000 per acre Other Parcels (proposed lots 17-25)-$150,000 to $200,000 per acre FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\U sers\gwheeler\App Data\Local\M i cro soft\ W i ndows\lN etCac he\Conte nt. O utl ook\ TPTEQCL V\agendareq uestbrightwater pricing.do c Page I of 2 100316a HC BOC Page 128 Exhibit C Exclusive Right to Sell Listing Agreement Brightwater Science & Technology Park/Brightwater Business Park Lillington, NC Pricing Retail Parcels (proposed Lots 4, 5, 6, 7, 11, 12, 15, 16) -$175 to $230,000/acre (**) Medical or Retail parcels (proposed Lots 2, 8, 9, 10, 13 & 14) -$150 to $230,000/acre (**) Other parcels (proposed Lots 17 -25) -$150 to $200,000/acre (**) NOTE : All lots are PROPOSED , but not recorded. Avison Young, in cooperation with the County, has the latitude to move lot lines, combine lots, et cetera to m eet the market need s. Busine ss Entity: Harnett County, NC By : ----------- Name : _________ _ Title : ---------- Date: ---------- 100316a HC BOC Page 129 Board Meeting Agenda Item Agenda Item __ L/......;..._----=Q~-- MEETING DATE: October 3, 2016 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Approve Pricing for Western Harnett Industrial Park Parcels REQUESTED BY: Paula K. Stewart, Deputy County Manager REQUEST: Request approval of pricing for parcels in the Western Hamett Industrial Park. Hamett County currently contracts with Avison Young as our commercial broker who provided the pricing. Lots 1-18 -$35,000-$40,000 per acre FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\U sers\gwheeler\AppData\Local\M icro soft\ Windows\lNetCache\Content. Outl ook\ TPTEQCL V\agendareq uestwh ippricing .doc Page I of I 100316a HC BOC Page 130 PROPERTY EVALUATION -SALES C OMPARISON APPROACH (Lot Pricing -Western Harnett) Comparable Sales Price Range Per Acre: $29.829 -$50.000 Competing Asking Price Range Per Acre: $40t000 -$64.98 1 Recommended Asking Price Per Acre: $35,000 -$40,000 Projected Strike Price Per Acre: $30.000 -$35.000 Comments: Consider re duced pri c ing for parcels over 10 acres s imilar to Bulk pricing provided for Emmett Edgenon MARKETING Reasonable Marketing Period: Twelve ( 12) to Eightee n ( 18) months Target Buy~r / Tenant Groups: Mai~facturing/Di stribution Warehouse Users Marketing Tools: We will post the prope n y to all commercial sea rch engines. Loopnet. company web site, E- mail blasts to lo cal and nati o nal brokerage communit y. target mailing process to prospective users and in vestors in the Ral e igh-Durham area and door to door loca l m arket canvassi ng. BROKER INFORMATION Local Contact Jus tin 800th Ra le igh. NC 919.740.4676 Pag e 3 par:•1E1~1 1p 11e r formArire 100316a HC BOC Page 131 AGENDA I T EM 6 October 3, 2016 APPOINT MENTS NEEDED ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE We need three additional members a ppointed to serve on thi s c ommittee. M embers re cei ve mil ea ge r eimbursement as cla imed. HARNETT COUNTY BOARD OF ADJUSTMENT We hav e vacancies for alternate members fo r Di strict 1 and Di stri ct 3. HARNETT COUNTY EMPLOYEE BENEFITS COMMITTEE Administration requests rea_Qpointment of the following members for a one-year term expiring October 30, 2017: Susan Dupree, Social Services Marie Hairr, Sheriff Department Jenny S. Harrop, Tax/GIS Tracy Tant, Public Utilities A vis Smith, Health Department Goldie Pryor, retiree Gordon Springle, Commissioner Jose h Jeffries, Administration HARNETT COUNTY NONPROFIT FUNDING COMMITTEE We h ave a vacancy for a Di strict 3 member on thi s co mmittee. HARNETT CO UN TY PUBLIC LIBRARY BOARD OF TRUSTEES We have a vacanc y for an at-l arge m embe r o n thi s board. HOME AND COMMUNIT Y CARE BLOCK GRANT COMMITTEE We h ave two vacancies on th is comm ittee. APPOINTMENT OF LOCAL FIREMEN'S RELIEF FUND TRUSTEE Emergency Services requests appointment of Reginald Watson, Benhaven Emergency Services, to serve as a trustee of the Local Firefighter's Rel ief Fund (see attached lis1) Page 1 -Appointments 100316a HC BOC Page 132 Board Meeting Agenda Item MEETING DA TE: October 3, 2016 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: 2016 Local Firefighter's Relief Fund Board Appointments REQUESTED BY: Jimmy Riddle, Emergency Services Director REQUEST: To review, approve, and appoint trustees to each fire department's Local Relief Fund Board. This enables the required Report of Fire Conditions forms to be submitted to the state, which in turn allows for each departemnt to receive their Relief Fund checks yearly. List of proposed trustee changes is attached. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: U :\FM\Reli ef Fun d\20 I 6\agendaform2 01 6.docx Page I of I 100316a HC BOC Page 133 September 15, 2016 Appointment of Local Firemen's Relief Fund Trustees: In order for the fire departments to participate in the Local Firemen's Relief Fund each year, they must submit a North Carolina Rural Fire District Report of Fire Conditions. This report requires the appointment of two trustees by the Fire Department, two by the Harnett County Board of Commissioners and one by the Insurance Commissioner. Recommended appointments by the Board of Commissioners are listed below: Anderson Creek Emergency Services No Changes Angier & Black River Fire Department No Changes Benhaven Emergency Services Reginald Watson Boone Trail Emergency No Changes Buies Creek Rural Fire Department No Changes Coats-Grove Fire and Rescue, Inc. No Changes Dunn Emergency Services (Averasboro) No Changes Erwin Fire Department No Changes Flat Branch Volunteer Fire Department No Changes Lillington Fire Department (Flatwoods) No Changes Northwest Harnett Fire Department No Changes Spout Springs Emergency Services No Changes Summerville/Bunnlevel Fire & Rescue, Inc. No Changes 100316a HC BOC Page 134 September 8, 2015 Appointment of Local Firemen's Relief Fund Trustees : In order for the fire departments to participate in the Local Firemen's Relief Fund each year, they must submit a North Carolina Rural Fire District Report of Fire Conditions. This report requires the appointment of two trustees by the Fire Department, two by the Harnett County Board of Commissioners and one by the Insurance Commiss ioner. Recommended appointments by the Board of Commissioners are listed below: Anderson Creek Emergency Services Elizabeth Rodriguez Robby Fink Angier & Black River Fire Department Jody Milliron Harold Flowers, Jr . Benhaven Emergency Services Gary Briggs Margaret H. Douglas Boone Trail Emergency Vernon Cox Donald O'Quinn Buie s Creek Rural Fire Department Waymon Byrd Marshal Kornegay Coats-Grove Fire and Rescue, Inc. Todd Pope Jay Smith Dunn Emergency Services (Averasboro) Johnnie W Blackman Ricky L Knuckles Erwin Fire Department Ricky Blackmon John Wilkins Flat Branch Volunteer Fire Department Larry Adams Holt Felment Lillington Fire Department (Flatwoods} Dan Denning Marshall Page Northwest Harnett Fire Department Craig McKinney Richard Braswell Spout Springs Emergency Services George Williams Robert Doberstein Summerville/Bunnlevel Fire & Rescue, Inc. Harry Koerner Jackson Byrd 0921 1 Sa HC BOC Page 54 100316a HC BOC Page 135 Board Meeting Agenda Item Agenda Item ___ 7_._ ___ _ MEETING DA T E : October 3, 2016 TO: HARN ETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Harnett County Emergency Services, on behalf of Erwin Fire and Rescue Squad Inc., request consideration of a resolution following a public hearing authorizing and approving the refinancing of annual debt. REQUESTED BY: Jimmy Riddle, Emergency Services Director REQUEST: Public Hearing regarding the refinancing of annual debt of up to $1,266,510 by Erwin Fire and Re scue Squad Inc. Erwin Fire Department and Rescue Squad Inc. is requesting approval to refinance an amount of up to $1 ,266,510 for the consolidation of annual debt through BB&T. The United States Internal R evenue Code requires that for s uch finan cing to be carried out o n a ta x-exempt basis, the Ha mett County Board of Commi ssioners mu st fir st approve the financing. C:\User s\bs tan ci l\Desktop\a gendaform2 0 16 Reso lut ion A pp rov in g th e Re fin a ncing by Erwin Fire a nd Rescue Squa d Inc.do c Page I o f2 100316a HC BOC Page 136 RESOLUTION REQUEST DOCUMENATION Resolution Approving the Refinancing by Erwin Fire and Rescue Squad Inc. Of up to $1,266,510 for the refinancing of annual debt WHEREAS: Erwin Fire Department and Rescue Squad Inc. has determined to refinance an amount of up to $1,266,510 for the consolation of annual debt. The United States Internal Revenue Code requires that for such financing to be carried out on a tax-exempt basis, This Board must first approve the financing. The Fire Department has held a public hearing on the refinancing after published notice, as required by the code. The Fire Department has reported the proceedings of such hearing to this Board. BE IT THEREFORE RESOLVED by the Board of Commissioners, as follows: The County approves the Fire Department's entering into the refinancing, as required under the Code for the refinancing to be carried out on a tax-exempt basis. The Fire Department's conduct of the required public hearing is approved. ****************************** I hereby certify that he foregoing resolution was duly adopted at a meeting of the Harnett County Board of Commissioners duly called and held on , 2016, and that a quorum was present and acting throughout such meeting. Such resolution remains in full effect as of today. Dated this __ day of _____ , 2016 By: _________ _ Clerk, Board of Commissioners Harnett County, NC 100316a HC BOC Page 137 LEGAL I n:a:·c::ero u, 11"'.J .. ~~"kl uuoou I 1•1,r Pt'<'""rt"'',.,'f'.,..,..1""0tl''ll l•~tf'V"1 My Classifieds LEGAL NOTICE OF A PUBLIC HEARING REGARDING THE REFINANCING OF ANNUAL DEBT FOR ERWIN FIRE AND RESCUE SQUAD, INC. TO BE CARRIED OUT ON A TAX-EXEMPT BASIS NOTICE IS HEREBY GIVEN to all interested parties that the Erwin Fire and Rescue Squad, Inc., a nonprofit corporation organized under the laws of the State of North Carolina (the 'Borrower"), has determined to enter into an in- stallment financing agreement (the "Agreemenr) with BB&T Bank. Such Agreement will provide for a loan to the Borrowerin an aggregate principal amount not to exceed $1,266,510, the interest on which will be excludible from gross income for federal income tax purposes, to refinance of annual debt, and, if applicable, to pay certain expenses incurred in connection with the delivery of the Agreement Erwin Fire and Rescue Squad, Inc. is located at 200 S . 13th St., Erwin, NC 28339. The maximum aggregate principal amount to be borrowed i n connection therewith is $1 ,266,510. NOTICE IS HEREBY GIVEN that the Board of Commissioners of the County of Hamett, North Carolina, will hold a public hearing at 102 E. Front Street, Lillington, North Carolina. on October 3 , 2016 at 9 :00 a .m., at which time any person may be heard regarding the proposed delivery of the Agreement and the nature of the refinancing of annual debt with proceeds thereof. All inter- ested parties are invited to present comments at the public hearing regard- ing the proposed delivery of the Agreement and the refinancing of annual debt with proceeds thereof. Any person w ishing to comment in writing regarding the proposed delivery of the Agreement and the refinancing of annual debt with proceeds thereof should do so within 14 days after the date of publi cation of this notice to the County of Hamett, North Carolina, 102 E. F ront Street, Lillington, North Carolina 27546 , Attention : Clerk to the Board of Commissioners . Published : September 22, 2016 By: /s/ Margaret Regina Wheeler Clerk to the Board of Commiss ioners County of Hamett, North Carol ina 9/22/16 ~st (I~ I {nf, ~o - :· -ffi" i i I,?¥ t I 5 9 ''Y"-~ ... 100316a HC BOC Page 138 NOTICE OF A PUBLIC HEARING REGARDING THE REFINANCING OF ANNUAL DEBT FOR ERWIN FIRE AND RESCUE SQUAD, INC. TO BE CARRIED OUT ON A TAX-EXEMPT BASIS NOTICE IS HEREBY GIVEN to all interested parties that the Erwin Fire and Res cue Squad, In c., a nonprofit corporation organized under the laws of the State of North Carolina (the "Borrower"), has determined to enter into an installment financing agreement (the "Agreement") with BB&T Bank. Such Agreement will provide fo r a loan to the Borrower in an aggregate principal amount not to exceed $1 ,266,510, the interest on which wil l be excludible from gross in come for federal income tax purposes, to refinance of annual debt, and, if applicable, to pay certain expenses incurred in connection with the delivery of the Agreement. Erwin Fire and Rescue Squad, In c. is located at 200 S. 13 1h St., Erwin, NC 28339. The maximum aggregate principal amount to be borrowed in connection therewith is $1 ,266,510. NOTICE IS HEREBY GIVEN that the Board of Commissioners of the County of Hamett, North Carolina, will hold a public hearing at I 02 E. Front Street, Lillington, North Carolin a, on October 3, 2016 at 9:00 a.m., at which time any person may be heard regarding the proposed delivery of the Agreement and the nature of the refinancing of annual debt with proceeds thereof. All interested parties are invited to present comments at the publi c hearing regarding the proposed delivery of the Agreement and the refinancing of annual debt w ith proceeds thereof. Any person wishing to comment in writing regarding the proposed delivery of the Agreement and the refinancing of annual debt with proceeds thereof should do so within 14 days after the date of publication of this notice to the County of Hamett, North Carolina, I 02 E. Front Street, Lillington, North Carolina 27546, Attention: Clerk to the Board of Commissioners . Published: September 22 , 2016 By: I sl Margaret Regina Wheeler Clerk to the Board of Commissioners County of Harnett, North Carolina 100316a HC BOC Page 139 EXTRACT FROM MINUTES OF BOARD OF COMMISSIONERS A regular meeting of the Board of Commissioners of the County of Hamett, North Carolina (the "Board'') was held at the County Commissioners' Meeting Room , Hamett County Administration Building, I 02 East Front Street, Lillington, North Carolina, at 9:00 a.m. on October 3, 2016 (the "Meeting"), after proper notice, and was called to order by Chairman Jim Burgin, and upon the roll being called, the following members of the Board answered present: The following members of the Board were absent: Also present: * * * The Chairman of the Board of Commissioners (the "Board'') for the County of Hamett, North Carolina (the "County") stated that the Board has been requested by the Erwin Fire and Rescue Squad, Inc. ("EFRS") to approve an installment financing agreement between BB&T Bank and EFRS (the "Agreement"). EFRS will use the proceeds of the Agreement to refinance annual debt and, if applicable, to pay certain expenses incurred in connection with the delivery of the Agreement. The Chairman then stated that a notice of public hearing by the Board regarding the refinancing of annual debt and the execution and delivery of the Agreement had been published on September 22, 2016 in The Daily Record. ______ declared the public hearing on the Equipment and the execution and delivery of the Agreement to be open. At approximately _: __ .m., the Chairman announced that the Board would hear anyone who wished to be heard on the advisability of the refinancing of annual debt and the proposed execution and delivery of the Agreement, and that a representative of EFRS was available and prepared to discuss the details concerning such matters. The names and addresses of the persons who were pres ent, summaries of their oral comments and copies of their written comments are set forth a s an_appendix hereto. After the Board had heard all persons who requested to be heard, the Chairman declared the public hearing closed. _________ then introduced the following reso lution , the title of which was read and copies of which had been previously distributed to each Commissioner: RESOLUTION AUTHORIZING AND APPROVING THE DELIVERY OF AN INSTALLMENT FINANCING AGREEMENT BY ERWIN FIRE AND RESCUE SQUAD, INC. AND THE TAX- EXEMPT LOAN RELATED THERETO WHEREAS, Erwin Fire and Rescue Squad, Inc. (the "EFRS') and the County of Harnett, North Carolina (the "County") have heretofore entered into an agreement on July I, 2015 whereby EFRS has agreed to provide the County fire protection services; and WHEREAS, EFRS wishes to refinance annual debt and, if applicable, t o pay certain expenses incurred in connection with th e delivery of the Agreement (as defined below); and PPAB 2826527v l 100316a HC BOC Page 140 WHEREAS, EFRS and BB&T Bank intend to enter into an in stallment financing agreement (the "Agreemen t") w hereby BB&T Bank will advance to EF RS funds fo r the refinancing of annual debt and , if applicable, suc h related costs; and WHEREAS, the interest component of the repay ment obligations under the Agreement are intended to be excludable from the gross income of the recipients thereof; a nd WHEREAS, purs uant to the Internal Revenue Code of 1986 , as a me nd ed (the "Code"), the execution and delive ry of the Agree ment must be approved, after a public hearing required by Sections 150(e)(3) and 147(f) of the Code, by the governmenta l unit havin g juri sdiction over the area in which the EF RS is located ; and WHEREAS, the Agreement does not constitute a debt of the State of North Carolina or any pol iti ca l subdivi s ion or an y agency thereof, in c luding the Co unty, or a pledge of the faith and credit of the State of North Carolina or any political s ubdi v isio n or any such age ncy, including th e County, but is payab le so lel y fr o m th e revenues and other funds provided fo r by EF RS in the Agreement; and WHEREAS, because no revenues or taxes of the County are legall y pledged to the repayment obligations under the Agreement, the staff of the County has made no financial analysis of the Agreement or the refinancing of annual de bt to be financ ed th ereby; and WHEREAS, the Board of C ommiss ioners of the County (the "Board"), pursuant to public notice duly given , has held a public hearing on the advisability of the deli ve ry of th e Agreement to refinance annu a l d ebt and has considered th e comm e nt s of a ll persons w ho req uested to be heard; and WHEREAS, the Board desires to approve th e delivery of the Agreement for th e purpose of refinan c in g of a nnu a l d ebt; NOW THEREFORE, BE IT RESOLVED by the Board a s follows: I. The Board has he ld the public hearin g a nd taken the actions set forth h erein in order to sati sfy Sections 150(e)(3) and 14 7(f) of the Code. 2. The d e li very of th e Agreement in an aggregate principal amount not exceedi ng $1,2 66,5 10 to refi nance annual debt and, if applicable, certain re lated costs is hereby approved. 3 . The C lerk to the Board is hereby a uth orize d and directed to provide a ce rtifi ed copy of thi s reso luti on to EFRS and BB&T Bank. 4. THE AGREEMENT DOES NOT CONST ITUTE A DEB T OF THE STATE OF NORTH CAROLINA OR ANY POLITI CA L SUB DIVISIO N OR ANY AGENCY THEREOF , INCLU DI NG T HE COUNTY, OR A PLEDGE OF THE FA ITH AND CRE DIT OF THE STATE OF NORTH CAROLINA OR AN Y POLIT ICAL SUBD IVIS ION OR ANY SUCH AG ENC Y, INCLUDING THE COUNTY. 5. Thi s re solution is effective on its ad option. 2 PP AB 2826527v I 100316a HC BOC Page 141 STATE OF NORTH CAROLINA CO UNTY OF HARNETT ) ) ) SS : I, Margaret Regina Wh eeler, Clerk to the Board of Commissioners of the County of Harnett, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a Resolution entitled, "RESOLUTION AUTHORIZING AND APPROVING THE DELIVERY OF AN INSTALLMENT FINANCING AGREEMENT BY ERWIN FIRE AND RESCUE SQUAD, INC. AND THE TAX-EXEMPT LOAN RELATED THERETO" adopted by the Board of Commissioners of the County of Hamett, North Carol ina , in regular session convened on the 3rd day of October, 2016. WITNESS my hand and the corporate seal of the County of Hamett, North Carolina, this the 3 rd day of October, 2016. Margaret Regina Wheeler C lerk to the Board of Commissioners (SEAL) PPAB 2826527v l 100316a HC BOC Page 142 Board Meeting Agenda Item MEETING DA TE: October 3, 2016 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Approval of EMS Assistant Medical Director Contract REQ UESTED BY: Jimmy Riddle, Emergency Services Director REQUEST: Approval of the EMS Assistant Medical Director contract betweeen County of Harnett and Erin Wirths, 0.0. as the EMS Assistant Medical Director effective October 3, 2016. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C':1Userslb stancil l Dcs k1op\agendafonn2016 EMS Assl Medical Director C'on1rac1 Dr . Erin Wirths (BOC I 0-17-16).doc Page I of I 100316a HC BOC Page 143 NORTH CAROLINA HARNETT COUNTY CONTRACT FOR HARNETT COUNTY EMERGENCY MEDICAL SERVICES ASSISTANT MEDICAL DIRECTOR THIS CONTRACT is made and entered into this 3rd day of October 2016, by and between COUNTY OF HARNETT. a body politic , organized and existing under the laws of the State of North Carolina (hereinafter referred to as "County"') and Erin Wirths, D .O ., a physician duly licensed to practice medicine by the State of North Carolina, (hereinafter referred to as ''Physician''). WITNESSETH: WHEREAS , through its Department of Emergency Medical Services, County operates an emergency medical services system (hereinafter refen·ed to as "County EMS System"') for the benefit and general welfare of its citizens; and WHEREAS , the provision of these emergency medical services is regulated by the State of North Carolina through the regulations promulgated by the North Carolina Department of Health and Human Services, Divi sion of Health Service Regulation, and set out in Subchapter P of Chapter 13 of Title I OA of the North Carolina Administrative Code; and WHEREAS, I OA NCAC I 3P.0401 requires that the County appoint , either directly or by documented delegation, a Medical Director to provide medical oversight to the County EMS System ; and WHEREAS, County desires to appoint Physician to the role of Assistant Medical Director for the County EMS System; and WHEREAS , Physician is duly li censed to practice medicine by the State of North Carolina and is qualified and willing to assume the role of Assistant Medical Director for the County EMS System, more fully set forth in this Contract; NOW THEREFORE, the parties have mutually agreed to the terms and conditions of this Contract as follows: Section 1. APPOINTMENT AND TERM Execution of this Contract shall fonnalize the appointment of Physician as Assistant Medical Director for County·s EMS System, and the acceptance of those duties by Physician for a term that shall commence on October 3, 2016. This appointment and Contract shall continue until tenninated by either parties giving 90 days written notice of termination to the other, subject to such modifications as the parties may agree to in writing at any time. In the event of such termination, any payment due shall be prorated to the date of termination. If either party defaults in its obligations and fails to cure such default within IO days of receipt of notice of such default. the non-defaulting party may immediately terminate this Contract. 100316a HC BOC Page 144 Section 2. GOVERNING LAW 2.1. This Contract is made and shall be construed in accordance with the laws of the State of North Carolina, and the jurisdiction of any legal proceedings related thereto shall lie in Hamett County Superior Court. 2.2. This Contract is specifically authorized and executed as a continuing contract in accordance with the provisions of§ 153A-13 of the North Carolina General Statutes. 2.3. Physician shall perform all duties and services under this Contract in full compliance with any applicable federal, state, and local laws, rules, and regulations. Both parties to this Contract shall adhere to local , s tate, and federal legal requirements, including those regarding claim submission for third party payors, and those regarding the confidentiality of protected health infom1ation. The parties to this Contract may enter into other contracts or agreements stipulating the specific arrangements for achieving this compliance. including a Business Associate Agreement. Section 3. DUTIES AND RESPONSIBILITIES OF PHYSICIAN ln his capacity as Assistant Medical Director for the County EMS System, Physician shall do, provide, and perfonn as follows: 3.1. Maintain the qualifications and complete and maintain the initial and continuing medical education requirements for an Assistant Medical Director of an EMS system as established by the North Carolina College of Emergency Physicians. 3.2. Pursuant to I OA NCAC I 3P.0403(a) and other OEMS rules, regulations, policies, guidelines, etc. be responsible for the following: 3.2.1. Ensuring that medical control is available 24 hours a da y, including being available by telephone 24 hours a da y; 3.2.2. Establishing, approving, and annually updating treatment protocols in conjunction with the Director of the County's Department of Emergency Medical Services (hereinafter referred to as ''Director"); 3.2.3 . Providing medical supervision of the selection, initial education, system orientation, continuing education. and performance of all EMS perso nnel ; 3.2.4 . Providing medical supervision of the scope of practice perfonnance evaluation for all EMS personnel in the County EMS System based on treatment protocols for said System: 3.2.5. Providing medical review of the care provided to patient s in traditional and non-traditional practice settings ; 3.2.6. Providing guidance regarding decisions about equipment, medical s upplies, and medications that will be carried on ambulances, EMS non-transporting vehicles, and non-traditional practice settings within the scope of practice of Emergency Medical Technician -lJitennediates (hereinafter referred to a s ''EMT-l's") or Emergency Medical Technician -Paramedic s (hereinafter referred to as ·'EMT-P's''): 3.2.7. Ensuring the care provided in all County EMS System settings is up to date with accepted medical practice and procedures; 2 100316a HC BOC Page 145 3.2.8. Overseeing Emergency Medical Dispatcher (hereinafter referred to as --EMD .. ) programs and the establishment. approval, and annual updating of an emergency medical dispatch priority reference system; 3.2.9. Reviewing data about the County EMS System and trends through interpretation of said data; 3.2.10. Providing medical direction for the County EMS System. including Medical and First Responders, Basic Life Support, Advanced Life Support, special events coverage, as well as providing direction to any agency providing emergency services in the County; 3.2.11. Providing medical oversight, guidance. and leadership for medical issues and responses for fire and Jaw enforcement partners in the County; 3.2.12. Providing medical treatment supervision of personnel by randomly responding to emergency calls and observing the approach, demeanor, relationships, and medical treatment provided to patients and others by all responding personnel, including Medical and First Responders. fire. law enforcement , rescue, County EMS System personnel; 3.2.13. Relating to all patients and staff of the County in a professional manner; and 3.2.14. Other duties as may be requested and necessary in assuring a quality County EMS System. 3.3. Pursuant to JOA NCAC 13P.0403(b), any tasks identified in Paragraph 3.2 of this Contract may be completed, through written delegation, by assisting physicians, physician assistants, nurse practitioners, registered nurses. EMD's. or EMT-P's. 3.4. Pursuant to I OA NCAC 13P .0403(c), Physician may suspend temporarily, pending due process review, any EMS personnel from fut1her participation in the County EMS System when it is detennined that the activities or medical care rendered by such personnel may be detrimental to the care of a patient , constitute unprofess ional behavior, or result in non-compliance with credentialing requirements. 3.5. Phys ician will schedule and maintain regular office hours. or otherwise make himself available at regularly designated times, for consultation with appropriate staff from the County's Department of Emergency Medical Services, with the day and time of such meetings to be at the discretion of Physician to accommodate his schedule. 3.6. Physician (or his designee) will participate in the quat1erly Hamett County EMS System Peer Review meetings. 3.7. Physician shall maintain al l necessary professional registrations and licensures, and shall provide e\'idence of such to County upon request; Section 4 . FEE FOR PHYSICIAN'S SERVICES For Physician·s services under this Contract, County shall pay Physician the sum of $1,000.00 per month and the sum of SI 00.00 per hour for each hour spent in undertaking the duties and responsibilities herein outlined. Such sums shall be paid to Physician on or before the I 0th day of each month. The parties acknowledge and agree that the compensation set forth in this Contract is reasonable and represents the fair market value of the services to be provided. Further, the parties acknowledge and agree that they negotiated this Contract at ann · s length, and did not take into account the volume or value of referrals or other business that may be generated between the parties . 3 100316a HC BOC Page 146 Section 5. COMMUNICATIONS BETWEEN THE PARTIES Physician shall confer with the Director regarding all matters arising out of or concerning this Contract. Physician shall receive any instructions from the Director and Physician shall communicate any complaints about a ny matters arising out of this Contract directly to the Director. Section 6. INDEPENDENT CONTRACTOR Physician· s legal relationship with County shall at all times be that of an independent contractor. In perfonning services under this Contract, Physician s hall exercise his sole discretion and independent, professional judgement. Nothing in this Contract shall be construed to create the relationship of principal and agent , or employer and employee, between County and Physician. Section 7. INSURANCE County shall provide and maintain its own medical malpractice and general liability insurance coverage in such amounts as County deems adequate to satisfy any claims against Physician which may rise out of her performance under this Contract. Said insurance coverage shall be stated in a Certificate of Insurance or other written evidence of insurance submitted to Physician by County at the commencement of this Contract and otherwise upon request. County shall maintain general liability with/and/or errors and omissions coverage for those acts or omissions of Physician in her capacity as Assistant Medical Director that are not instances of medical malpractice. County shall not hold Physician hannless nor indemnify Physician for any claims arising out of Physician ·s perfonnance under this Contract, except to the extent that such claims are covered by any policy of liability insurance maintained by County. Section 8. NOTICES Any notice of intent to terminate this Contract, or of a request to modify or clarify this Contract shall be made in writing and mailed by certified mail, return receipt requested, to the other party at its address as set out below, or as may b e provided to the other party at any time hereafter. Harnett County EMS Division Post Office Box 370 Lillin!,'10n, North Carolina 27546 Physician Erin Wirths, 0.0. 3704 Linton Court Fayetteville, North Carolina 28306 Section 9. CONFIDENTIAL INFORMATION Physician acknowledges and agrees that any information recei ved by him which concerns the personal, financial , or other affairs of patients served by the County EMS System shall be treated by Physician in full confidence and shall not be revealed to any other persons, fim1 s, or organizations, except in accordance with accepted medical practice and state and federal law regarding the confidentiality of such information. 4 100316a HC BOC Page 147 Section 10. NON-APPROPRIATIOI\ No provision of this Contract shall be construed or interpreted as creating delegation of govenunental powers, or as a donation by a lending of the credit of County within the meaning of the Constitution of the State of North Carolina. This Contract s hall not directly, indirectly, or contingently obligate County to make any payments beyond those appropriated in the sole discretion of County for any fiscal year in which this Contract shall be in effect. No deficiency judgment may be rendered against County in any action for breach of a contractual obligation under this Contract, and the taxing power of County may not be pledged directly. indirectly, or contingently to secure any monies due under this Contract. Section 11. ENTIRE AGREEMENT This Contract constitutes the entire agreement between the parties , and shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties . IN TESTIMONY WHEREOF County and Physician each caused thi s Contract to be executed in duplicate originals, one of which is retained by each of the parties. HARNETT COUNTY Jim Burgin , Chairman Hamett County Board of Commissioners Attest Margaret Regina Wheeler, Clerk to the Hamett County Board of Commissioners Erin Wirths. D .O. 5 100316a HC BOC Page 148 This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act Kimberly Honeycutt, Hamett County Finance Officer 6 100316a HC BOC Page 149 Harnett COUNTY NORTH CAROLINA Add-o~ '-1-S A PROCLAMATION OF GRATITUDE AND APPRECIATION FOR FIRST RESPONDERS IN HARNETT COUNTY AND THE IMPORT ANT WORK THEY DO TO KEEP OUR CITIZENS SAFE THAT WHEREAS, first responders provide a vital public service to the citizens of Hamett County; and WHEREAS, when Hamett County's citizens need help , they rely on first responders to get there quickly and keep them safe; and WHEREAS, first responders are quick to answer the call , often putting the needs of their fellow citizens in front of their own, potentially risking their own lives to keep others safe; and WHEREAS, first responders in Hamett County provide lifesaving services to those in need 24 hours a day, seven days a week; and WHEREAS, first responders in Hamett County include all Fire, EMS, Police, Sheriff's deputies, and E-911 personnel who provide service to the County's residents; and WHEREAS, first responders in Hamett County dramatically improve the safety, survival and recovery rate of those who experience sudden danger, illness or injury; and WHEREAS, first responders in Hamett County put in many hours of training and preparation to make sure they are fully prepared and equipped with the most up-to-date knowledge, skills and abilities to benefit Hamett County residents, workers and visitors in need ; and NOW, THEREFORE, we, the Hamett County Board of Commissioners, do hereby extend our gratitude and appreciation to Hamett County's first responders and thank for the first-class service they provide to the citizens of Hamett County's. Adopted this 3rd day of October 2016. HARNETT COUNTY BOARD OF COMMISSIONERS Jim Burgin, Chairman C. Gordon Springle, Vice Chairman Abe Elmore Barbara McKoy Joe Miller stro ng roots • new growth 100316a HC BOC Page 150