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HomeMy WebLinkAbout101116wsa Agenda Package9:00 am
9:30 am
9:45 am
10:00 am
10:15 am
10:45 am
11:15am
11:30 am
11:15am
12:00 pm
Harnett County Board of Commissioners
Work Session
Tuesday, October 11, 2016
9:00 am
Compensation Study for County Employees, John Anzivino, Springfield, Inc.
Benhaven Emergency Services requests permission to purchase used Self-
Contained Breathing (SCBAs) in the amount of $40,000.
Request for funding by the family and friends of Herb Thomas
Hamett County Veterans Park Grant, Veteran Services Director Eric Truesdale
Discussion of Pay Plan Committee Recommendations
Discuss Hamett County Fiscal Policy Guidelines
Board of Education's request for funding of four (4) additional teaching positions
County Manager's Report:
1) October 17 , 2016 Regular Meeting agenda review
2) Construction estimate for Boone Trail & Shawtown
Closed session
Adjourn
101116wsa HC BOC Page 1
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Springsted 101116wsa HC BOC Page 4
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Springsted 101116wsa HC BOC Page 5
Ho
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wh
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Springsted 101116wsa HC BOC Page 6
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,, Springsted 101116wsa HC BOC Page 7
Wh
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Springsted 101116wsa HC BOC Page 8
Sp
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Ar
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on a
fi
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re
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n
i
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s
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ha
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d
s
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o
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ex
p
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in
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city
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to
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ad
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So
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Springsted 101116wsa HC BOC Page 10
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Pr
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..-~ S p r i n g st e d 101116wsa HC BOC Page 12
Co
m
p
e
n
s
a
t
i
o
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St
u
d
i
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s
:
Ou
r
Ph
i
l
o
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p
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mp
l
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a
b
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re
s
o
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th
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y
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o
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tr
e
a
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d
fa
i
r
l
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an
d
eq
u
i
t
a
b
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y
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m
p
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a
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o
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vi
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a
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t
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in
t
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r
n
a
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ex
t
e
r
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a
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•
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a
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o
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a
b
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to
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ma
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Springsted 101116wsa HC BOC Page 13
Ha
m
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Co
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y
Co
m
p
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s
a
t
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St
u
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:
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j
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c
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s
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a
l
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a
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m
p
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s
of
th
e
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l
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r
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be
n
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i
t
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d
ad
d
i
t
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o
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pa
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fo
r
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r
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u
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co
m
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r
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to
ex
t
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a
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v
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12
n Springsted 101116wsa HC BOC Page 14
Ha
m
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Co
m
p
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.
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a
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and
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p
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s
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of
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to
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13
Springsted 101116wsa HC BOC Page 15
Ha
m
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t
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y
Co
m
p
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n
s
a
t
i
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:
St
e
p
1.
Pr
o
j
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c
t
In
i
t
i
a
t
i
o
n
/
H
i
s
t
o
r
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c
a
l
Review
•
Fi
n
d
ou
t
ho
w
th
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Co
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t
y
'
s
cu
r
r
e
n
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co
m
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n
a
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an
d
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a
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staff to
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14
,·_. S p r i n g st e d 101116wsa HC BOC Page 16
Ha
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15
Springsted 101116wsa HC BOC Page 17
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Springsted 101116wsa HC BOC Page 18
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Springsted 101116wsa HC BOC Page 19
Ha
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t
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Ab
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of
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r
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a
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a
t
i
o
n
s
Skills
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d
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r
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a
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of
Ac
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p
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1 8
,,, Springsted 101116wsa HC BOC Page 20
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m
e
t
t
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t
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r
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f
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Springsted 101116wsa HC BOC Page 21
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m
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c
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fo
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r
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for
on
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o
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20
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101116wsa HC BOC Page 24
II
September 20, 2016
Mr. Jimmy Riddle, Director
Hamett County Emergency Services
1005 Edwards Brother Dr.
Lillington, NC 27546
Dear Mr. Riddle,
As you are aware Benhaven Emergency Services, Inc. has been planning to replace our
existing self-contained breathing apparatus (SCBA). We planned to replace them in the
2015-2016 Budget year but the more pressing issue of the need for a Tanker delayed our
replacement plan. We have been presented with an opportunity by one of our vendors to
bring our SCBA into a NFP A compliant status that will keep us current for 8-10 years.
In our monthly board meeting on September 19, 2016 it was approved to seek the approval
of the Hamett County Board of Commissioners to amend our current budget to allow us to
spend $40,000.00 to purchase 29 lightly used MSA Firehawk SCBA's from Newton 's Fire
and Safety. It is our plan to use $20,000.00 out of our Capital Outlay and Equipment Budget
from the approved 2016-2017 Budget. The remaining $20,000.00 will be financed through
PNC using a term loan with a projected 5 % interest rate .
Thank you for your assistance in our request for this budget amendment.
i~m~~-
AndyThomas
District Chief
Benhaven Emergency Services
P. 0 . Box 301 • Olivia, NC 28368
4023 NC HWY. 87 N. • Sanford, NC 27332 • Phone : 919 -499-9511 • Fax: 919-498-0188
101116wsa HC BOC Page 25
The Honorable Harnett County Commissioners;
Dear Commissioners;
RECEIVED
SEP 2 8 2016
HARNETT COUNTY
MANAGER'S OFFICE
The family and friends of Herb Thomas would like to thank the board of Commissioners on the recently
passed resolution to name a portion of highway 87 in the Olivia area. However, the resolution has to be
specific in the area to be named in accordance with the Department of Transportation. We are
requesting the said section of highway 87 to be as follows : 1.5 miles north of Olivia road and 3.5 miles
south of Olivia road (this is where hwy 27 crosses 87). Greg Burns and Leigh Wing could assist with
proper wording if needed . I am enclosing a copy of an email from the DOT office to where the
information should be sent. Ms. Gina Wheeler has the link to the office and has been helpful in linking
all together. We also need a completed character reference completed by a county official and sent to
the DOT office. Lastly, is there any county money available to fund this project ($2000.00 fee)?
Again thanks to all the commissioners.
~o~
919 499 2795
101116wsa HC BOC Page 26
Board Meeting
Agenda Item
M EETING DATE: October 17, 2016
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT : Harnett County Veterans Park Grant Number 2017.45.4
REQUESTED BY: Eric Truesdale
REQUEST:
Permission to accept grant from the State of North C arolina Office of Budget and
Management for construction of brick 11 x 20 storage building wi th concrete floor at the
Harnett County Veterans Park. If there are sufficient funds left after construction of the
storage building we would improve landscaping or replacing lighting.
FINANCE OFFICER'S RECOMMENDATION :
COUNTY MANAGER'S RECOMMENDATION:
C :\U se rs\gw heele r\AppData \Local\M icrosoft\ W indows \lNetCache\Co ntent. O ut look\ TPTEQCL V\agendaform20 16 .doc
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OFFICE OF STATE BUDGET AND MAi"IAGEMENT
PAT MCCRORY
GO\ ER:-OR
Mr. Joseph Jeffries, County Manager
Harnett County
P.O. Box 759
Lillington, NC 27546
September 20. 2016
Re: Contract Agreement for Grant Number 2017.45.4;
Project: Hamett County Veterans Counci l Park
Dear Mr. Jeffries.
RECEIVED
SEP 2 7 2016
HARNETI COUNTY
~NAr.EltS OFFICE
ANDREW T. I-IEA TH
Sr, r i:: 13 L'DG ET DIRFCTOR
The North Caro lina General Assembly has authorized Harnett Count y to receive a grant-in-aid
al location of $50,000 during the 2016-2017 state fiscal year. Enclosed for your review and
signature are two complete sets of contract documents required to finalize the grant award.
Below is a description of the documents enclosed along with an explanation of the signatures
required for each document.
Document: Document Description: Signed by :
Grant Contract Outlines the terms of the grant agreement between Highest Elected
the Office of State Budget and Management and the Official -Unit of
recipient. Local Government
Attachment A General Terms and Conditions. N I A
Attachment B Notice of Ce1t ain Reporting and Audit N I A
Requirements.
Attachment C Scope of Work and Annual Budget. Chief Fiscal Officer,
County Manager or
City Manager
Attachment D [ran Di vestment Act Certifi cation. Highest Elected
Official -Unit of
Local Government
Request for Request for Payment of Appropriations from No11 h Authorized Official
Payment Carolina General Fund.
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Please sign two originals of these documents and return both to:
IF DELIVERED BY US POSTAL SERVICE 1F DELIVERED BY ANY OTHER MEANS
Fred E. Duyck, Chief Financial Officer Fred E. Duyck. Chief Financial Officer
Office of State Budget and Management Office of State Budget and Management
20320 Mail Service Center 116 W. Jones Street , Suite 5200
Raleigh. NC 27699-0320 Raleigh, NC 27603
Once we have received all the required documents. we will execute the contract and return a
copy to you for your records. Ifwe can be of assistance, please do not hesitate to call Fred
Duyck at (919) 807-4764.
Sincerely,
Andrew T. Heath
State Budget Director
Enclosures
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REQUEST FOR PAYMENT OF APPROPRIATION(S ) FROM NORTH CAROLINA GENERAL FUND
Joseph Jeffries, County Manager
Harnett County
P.O . Box 759
Lillington , NC 27546
2016-17 Allocation : $50 ,000
Purpose of Allocation:------------------------------
Part A. TO BE COMPLETED BY ALL RECIPIENTS
1 . Organization Name:--------------------
2. Contact 's Name:-------------Telephone:---------
2 . Contact's Position in Organ ization : ---------------
3. Federal Identification Number ________ _
4 . Kind of Organization : Corporation__ Trust Partnership__ Government
Unincorporated Association __ Other
5. Match Required (Circle One): Yes /No On a to basis .
If match ing is required , is cash match in hand? Yes No
If the required match is not in hand , by what date and from what source d oes the organization expect to
have the cash match?
6 . Fis ca l Year of Non-State Entity (e.g . year ending June 30 , December 31 , other) ________ _
Part B. TO BE COMPLETED BY ALL RECIPIENTS . FORM MUST BE NOTARIZED
Signature of individual making request Notary Public (o fficia l seal)
Date Notarized
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Office of State Budget and Management
Contract# 2017.45.4
This Contract is hereby entered into by and between the Office of State Budget and Management (the "Agency") and Harnett
County (the "Recipient") (referred to collectively as the "Parties"). The Recipient's federal tax identification number is
1. Contract Documents:
This Contract consists of the following documents:
( 1) This Contract
(2) The General Terms and Conditions (Attachment A)
(3) Notice of Certain Reporting Requirements (Attachment B)
(4) Scope of Work and Annual Budget (Attachment C)
(5) Iran Divestment Act Certification (Exhibit 0)
These documents constitute the entire agreement between the Parties and supersede all oral and written statements,
negotiations or agreements made, communicated , negotiated or entered into prior to or contemporaneously with the
full execution of this Contract.
2. Precedence Among Contract Documents:
In the event of a conflict between or among the terms of the Contract Documents , the terms in the Contract Document
with the highest relative precedence shall prevail. The order of precedence shall be the order of documents as listed
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 shall have the highest
precedence and the oldest amendment shall have the lowest precedence .
3 . Effective Period :
This Contract shall be effective on July 1, 2016 and shall terminate on June 30 , 2017 .
4. Recipient's Duties:
The Recipient shall provide the services as described in Attachment C.
5. Agency's Duties:
The Agency shall pay the Recipient in the manner and in the amounts specified in the Contract Documents . The total
amount paid by the Agency to the Recipient under this Contract shall not exceed $50,000 as identified on Page J 57 of
the Joint Conference Committee Report on the Base , Capital and Expansion Budgets, House Bill 1030 (Session Law
2016-94) as follows :
Provides a grant-in-aid of $50 ,000 for the Hamett County Veterans Council Park .
There are no matching requirements from the Recipient. Contributions from the Recipient shall be sourced from non-
federal funds. The total contract amount is $50 ,000 .
6. Conflict of Interest Policy:
The Recipient shall file with the Agency a copy of its policy and any ordinance or resolution it has adopted addressing
conflicts of interest that may arise involving the members of the Recipient's governing body and/or any of its employees
or officers involved in the grant or the project. Such policy, ordinance or resolution shall address situations in which
any of these individuals may directly or indirectly benefit, other than through receipt of their normal compensation in
their capacities as the Recipient's employees, officers or members of its governing body, from the Recipient's disbursing
of State funds , and shall include actions to be taken by the Recipient or the individual, or both , to avoid conflicts of
interest and the appearance of impropriety. Additionally , the Recipient certifies that, as of the date it executes this
Contract, no such individuals have such a conflict of interest or will directly or indirectly benefit, except in the capacities
described above, from the grant or project. Throughout the duration of this Contract, the Recipient has the duty to
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promptly inform the Agency of any such conflict of interest or direct or indirect benefit of which it becomes aware. The
policy shall be filed before Agency may disburse the grant funds .
7 . Reporting Requirements:
The Agency has determined that this Contract is subject to the reporting requirements described in the attached Notice
of Certain Reporting Requirements (Attachment B), which is part of this Contract. The Recipient shall comply with all
of the reporting requirements and provisions described in Attachment B hereto. All reporting requirements shall be filed
with the Agency using the prescribed forms Agency provides to Recipient.
8. Payment Provisions :
Upon execution of this contract, the Recipient may request and, upon approval by the Agency, receive a single
payment for amounts up to one hundred thousand dollars ($100 ,000). For grants-in-aid of more than one hundred
thousand dollars ($100,000) payment will be paid in quarterly installments, unless Recipient can demonstrate an
immediate need for an amount greater than what would otherwise be paid quarterly.
9. Contract Administrators:
All notices permitted or required to be given by one Party to the other and all questions about the contract from one
Party to the other shall be addressed and delivered to the other Party's Contract Administrator. The name, post office
address, street address, telephone number, fax number, and email address of the Parties ' respective initial Contract
Administrators are set out below. Either Party may change the name, post office address, street address, telephone
number, fax number, or email address of its Contract Administrator by giving timely written notice to the other Party.
For the Agency
IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS
Fred E. Duyck, Chief Finan cial Officer Fred E. Duyck , Chief Financ ial Officer
Office of State Budget and Management Office of State Budget and Management
20320 Mail Service Center 116 W. Jones Street, Suite 5200
Raleigh, NC 27699-0320 Raleigh, NC 27603
Telephone: (919) 807-4764 Telephone: (919) 807-4764
Fax: (919) 733-0640 Fax : (919) 733-0640
Email: fred .duyck<@osbm .nc.Qov Email : fred .duvck<@osbm .nc.gov
For the Recipient
IF DELIVERED BY US POST AL SERVICE IF DELIVERED BY ANY OTHER MEANS
Joseph Jeffries, County Manager Joseph Jeffries, County Manager
Harnett County Harnett County
P.O . Box 759 102 E. Front Street
Lillington, NC 27546 Lillington , NC 27546
Telephone: (910) 814-6005 Telephone : (910) 814-6005
Email: iieffries@harnett.org Email : iieffries@harnett.orq
10. Disbursements :
In addition to the other requirements set forth above and in the attached documents concerning the disbursement of
grant funds by the Recipient (including any sub-recipien t(s) and sub-sub-recipient(s)), as well as all requirements
imposed on grant fund expenditures by applicable law, rules and regulations, the Recipient acknowledges and agrees ,
as an express condition of this Contract, to make disbursements of all grant funds in accord ance with the following
requirements . The Recipien\ shall:
a. Implement adequate internal controls over all disbursements ;
b. Pre-audit all vouchers presented to it for payment to determine:
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• The validity and accuracy of the requested payment;
• The payment due date ;
• The adequacy of all documentation allegedly supporting the requested payment; and
• The legality of all disbursements and requested disbursements ;
c. Assure adequate control of signature stamps and plates;
d. Assure adequate control of all negotiable instruments ; and
e . Implement adequate procedures to insure that its account balance is solvent and shall reconcile its account
monthly.
11. Outsourcing:
The Recipient certifies that it has identified to the Agency all jobs related to this Contract that have been outsourced to
other countries, if any. The Recipient further acknowledges that it may not outsou rce to any other country any j obs
related to this Contract during the term of this Contract without obtaining the prior written approval of the Agency.
12. Procurement, Suspension and Debarment:
The Recip ient acknowledges and agrees that, in its conduct under this Contract and in connection with any and all
expenditures of grant funds made by it, the Recipient, its officers , agents and employees shall be and are subject to the
provisions of the North Carolina General Statutes and the North Carolina Administrative Code relating to and governing
procurement, public contracts , suspension and debarment. The Recipient further acknowledges and agrees that. in the
event that it grants any of the grant funds awarded hereunder to one or more sub-recipients or sub-sub-recipients, the
Recipient shall, by contract , ensure that the provisions of the North Carolina General Statutes and the North Carolina
Administrative Code relating to and governing procurement, public contracts, suspension and debarment are made
applicable to and binding upon any and all of the Recipient's sub-recipients, sub-sub-recipients, etc.
13. Cost Principles:
The Recipient acknowledges and agrees that , in its conduct under this Contract and in connection with any and all
expenditures of grant funds made by it , it shall comply with the cost principles enunciated in the Code of Federal
Regulations, 2 CFR. Part 200. The Recipient further acknowledges and agrees that, in the event that it grants any of
the grant funds awarded hereunder to one or more sub-recipients or sub-sub-recipients , the Recipient shall, by contract ,
ensu re that said cost principles are made applicable to and binding upon any and all such sub-recipients , sub-sub-
recipients , etc. in their handling, use and expenditure of the funds awarded to the Recipient hereunder.
14. Final Reports and Certifications :
The Recipient shall file all reports and certification s, as described and require d by Attachment B to thi s Contract,
concerning its receipt , handling and expenditure of all grant funds awarded hereunder, including any interest earned by
the Recipient from such funds , with the Agency.
15. Monitoring and Auditing :
The Recipient acknowledges and agrees that , from and after the date of execution of this Contract and for five (5) years
following its termination , the books , records , documents and facilities of the Recipient are subject to being audited,
inspected and monitored at any time by the Agency upon its request (whether in writing or otherwise). The Recipient
and its officers , agents and employees shall make the Recipient's books , records , documents and offices/facilities
available to the Agency and its personnel for inspection, audit and monitoring upon the Agency's request , shall answer
any questions posed to them by the Agency and shall provide the Agency, upon its request, with any documents,
records or information sought by the Agency in its efforts to monitor and audit the Recipient 's activities regarding the
funds awarded under this Contract. The Recipient further agrees to keep and maintain all of its books , records and
documents relating in any way to the grant funds awarded hereunder for the time period specified in Attachment A
hereto .
The Recipient acknowledges and agrees that , with regard to the grant funds , it will be subject to the audit and reporting
requirements prescribed by N.C .G.S §159-34, Loca l Government Finance Act -Annual Independent Audit; rules and
regulations. Such audit and reporting requirements may vary depending upon the amount and source of grant funding
received by the Recipient and are subject to change from time to time .
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16. Grant Agreement with Sub-Recipient(s):
In the event that the Recipient grants to a sub-recipient , a sub-sub-recipient, etc. any of the grant funds awarded to the
Recipient hereunder, the Recipient must retain a signed copy of the contract or letter pursuant to which the grant funds
awarded to the Recipient hereunder are granted to a sub-recipient, a sub -sub-recipient, etc.
17. Repayment of Grant Funds to Agency :
In the event that the Recipient , either directly or indirectly (e.g., through a sub-recipient or sub-sub-recipient) commits
any breach of this Contract which the Recipient fails to fully cure within thirty (30) days of its receipt of written notice
from the Agency of said breach , the Agency may make demand in writing of the Recipient that it repay the Agency so
much of the grant funds awarded under this Contract, up to and including 100% of the amount of the award made under
this Contract. In such an event, the Recipient shall repay said amount to the Agency within thirty (30) days of its receipt
of sa id demand for repayment , as well as any interest earned by the Rec ipient on sa id amount.
In addition , in the event that this Contract should be terminated by the parties or otherwise comes to an end prior to the
time when the Recipient , its sub-recipient(s), any sub-sub-recipient(s), etc. have expended all of the funds awarded
under this Contract, the Recipient shall , within thirty (30) days of said termination or contract end , return to the Agency
all such unexpended funds as well as any interest earned by the Recipient on such funds. Furth ermore, the Recipient
shall, by contract, ensure that, in the event that its sub-recipient( s) enter into any sub-sub-recipient agreements involving
any of the funds awarded hereunder, all such sub-recipient, sub-sub-recipient, etc. are required to repay to their
recipient(s) all such unexpended funds , as well as any interest earned by the sub-recipient or sub-sub-recipient on such
funds , so that the Recipient can return those unexpended funds and interest to the Agency within thirty (30) days of the
termination or other end of this Contract. In any event, the Recipient shall be and remain liable to the Agency for the
repayment to the Agency of all grant funds that are unexpended (either by the Recipient or any sub-recipient, sub-sub-
recipient, etc.) at the time of the termination or other end of this Contract, as well as the repayment of any interest
earned by the Recipient, sub-recipient or sub-sub-recipient on such funds at that time .
18. Termination :
Subject to the provisions of paragraph 17 of this Contract, this Contract may be terminated in accordance with the
provis ions set forth in Attachment A hereto; however, the reporting, monitoring and aud it requirements and provisions
of this Contract shall survive any such termination .
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19 . Authorized Sign ature Warranty:
The undersigned represent and warrant that the y are authorized to bind their prin cipal s to the terms of this agreement.
In Witness Whereof, the Recipient and the Agency have executed this Contract in duplicate originals , with one origina l
being retained by each party.
Harnett County
Sig nature
P rinted Name
ATTEST
Notary Public
Printed Name
[OFFICIAL SEAL]
Office of State Budget and Management
Signa t ure
Printed N ame
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Date
Title
Date Notarized
Title
Date
Title
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Attachment A
General Terms and Conditions
Definitions
Unless indicated otherwise from the context, the following
terms shall have the following meanings in this Contract.
(1) "Audit" means an examination of records or
financial accounts to verify their accuracy.
(2 ) "Compliance Supplement" refers to the North
Carolina State Compliance Supplement,
maintained by the State and Local Government
Finance Division of the North Carolina
Department of State Treasurer that has been
developed in cooperation with agencies to assist
the local auditor in identifying program
compliance requirements and audit procedures
for testing those requirements .
(3) "Contract" means a legal instrument that is used
to document a relationship between the agency,
and a recipient or between a recipient and
subrecipient.
(4) "Contractor" means an entity subject to the
contractor requirements , as well as any entity that
would be subject to the contractor requirements
but for a specific statute or rule exempting that
entity from the contractor requirements.
(5) "Contractor requirements" means Article 3, 3C,
30, 3E, 3G , or 8 of Chapter 143 of the General
Statutes and related rules .
(6) "Fiscal Year" means the annual operating year of
the non-State entity .
(7) "Financial Statement" means a report providing
financial data relative to a given part of an
organization's operations or status.
(8) "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.
(9) "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 disbursed as
financial assistance to other organizations.
Relationships of the Parties
Independent Contractor: The Recipient is and shall be
deemed to be an independent contractor in the
performance of this Contract and as such shall be wholly
responsible for the work to be performed and for the
supervision of its employees. The Recipient represents
that it has . or shall secure at its own expense , all
personnel required in performing the services under this
agreement. Such employees shall not be employees of,
OSBM LGU -Attachment A
Effective· 8/2016
or have any individual contractual relationship with , the
Agency.
Subcontracting and Subgranting: Any subcontracts or
subgrants entered into by the Recipient with grant funds
shall be subject to all conditions of this Contract. Payment
of all subcontractors and subrecipients shall be the sole
responsibility of the Recipient , and the Agency shall not
be obligated to pay for any work performed by any
subcontractor or subrecipient. The Recipient shall be
responsible for the performance of all subcontractors and
subrecipients and shall not be relieved of any of the duties
and responsibilities of this Contract as a result of entering
into subcontracts or subgrants . Additionally, if said
Recipient subgrants any grant funds pursuant to this
Contract, the Recipient shall submit a copy of its policies
and/or procedures for monitoring subrecipients to the
Agency.
Subrecipients: The Recipient has the responsibility to
ensure that all subrecipients, if any, provide all information
necessary to permit the Recipient to comply with the
standards set forth in this Contract.
Assignment: No assignment of the Recipient's
obligations or the Recipient's right to receive payment
hereunder shall be permitted. However, upon written
request approved by the issuing purchasing authority, the
State may:
(a) Forward the Recipient's payment check(s)
directly to any person or entity designated by the
Recipient, or
{b) Include any person or entity designated by
Recipient as a joint payee on the Recipient's
payment check(s).
In no event shall such approval and action obligate the
State to anyone other than the Recipient and the
Recipient shall remain responsible for fulfillment of all
contract obligations.
Beneficiaries: Except as herein specifically provided
otherwise, this Contract shall inure to the benefit of and
be binding upon the parties hereto and their respective
successors. It is expressly understood and agreed that
the enforcement of the terms and conditions of this
Contract, and all rights of action relating to such
enforcement, shall be strictly reserved to the Agency and
the named Recipient. Nothing contained in this document
shall give or allow any claim or right of action whatsoever
by any other third person. It is the express intention of the
Agency and Recipient that any such person or entity,
other than the Agency or the Recipient, receiving services
or benefits under this Contract shall be deemed an
incidental beneficiary only.
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Indemnity and Insurance
Indemnification: The Recipient agrees to indemnify and
hold harmless the Agency, the State of North Carolina,
and any of their officers , agents and employees , from any
claims of third parties arising out of any act or omission of
the Recipient in connection with the performance of this
Contract.
In su rance: During the term of the contract, the Recipient
at its sole cost and expense shall provide commercial
insurance of such type and with such terms and limits as
may be reasonably associated with the contract. As a
minimum, the Recipient shall provide and maintain the
following coverage and limits:
(a) Wo rker's C omp ens ation -The Recipient shall
provide and maintain Worker's Compensation
Insurance as required by the laws of North
Carolina , as well as employer's liability coverage
with minimum limits of $500,000.00 , covering all
of Recipient 's employees who are engaged in any
work under the contract. If any work is sublet, the
Recipient shall require the subrecipient to provide
the same coverage for any of his employees
engaged in any work under the contract.
(b) Commercial General Liab ility -General Liability
Coverage on a Comprehensive Broad Form on
an occurrence basis in the minimum amount of
$1,000,000.00 Combined Single Limit. (Defense
cost shall be in excess of the limit of liability.)
(c) Automobil e -Automobile Liability Insurance, to
include liability coverage , covering all owned ,
hired and non-owned vehicles used in
performance of the contract. The minimum
combined single limit shall be $500,000.00 bodily
injury and property damage ; $500 ,000 .00
uninsured/under insured motorist; and
$25,000.00 medical payment.
Providing and maintaining adequate insurance coverage
is a material obligation of the Recipient and is of the
essence of this Contract. The Recipient may meet its
requirements of maintaining specified coverage and limits
by demonstrating to the Agency tha t there is in force
insurance with equivalent coverage and limits that will
offer at least the same protection to the Agency. All such
insurance shall meet all laws of the State of North
Carolina. Such insurance coverage shall be obtained
from companies that are authorized to provide such
coverage and that are authorized by the Commissioner of
Insurance to do business in North Carolina . The
Recipient shall at all times comply with the terms of such
insurance policies, and all requirements of the insurer
under any such insurance policies , except as they may
conflict with existing North Carolina laws or this Contract.
The limits of coverage under each insurance policy
maintained by the Recipient shall not be interpreted as
limiting the Recipient's liability and obligations under the
contract.
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Default an d Termination
Termi natio n by M utu al Co ns en t : The Parties may
terminate this Contract by mutual consent with 60 days '
notice to the other party , or as otherwise provided by law.
Term i nation for Caus e: If , through any cause, the
Recipient shall fail to fulfill its obligations under this
Contract in a timely and proper manner, the Agency shall
have the right to terminate this Contract by giving written
notice to the Recipient and specifying the effective date
thereof. In that event, all finished or unfinished
deliverable items prepared by the Recipient under this
Contract shall , at the option of the Agency, become its
property and the Recipient shall be entitled to receive just
and equitable compensation for any satisfactory work
completed on such materials, minus any payment or
compensation previously made. Notwithstanding the
foregoing provision, the Recipient shall not be relieved of
liability to the Agency for damages sustained by the
Agency by virtue of the Recipient's breach of this
agreement, and the Agency may withhold any payment
due the Recipient for the purpose of setoff until such time
as the exact amount of damages due the Agency from
such breach can be determined. T he filing of a petition
for bankruptcy by the Recipient shall be an act of default
under this Contract.
Wai ver of Default : Waiver by the Agency of any default
or breach in compliance with the terms of this Contract by
the Recipient shall not be deemed a waiver of any
subsequent default or breach and shall not be construed
to be modification of the terms of this Contract unless
stated to be such in writing, signed by an auth orized
representative of the Agency and the Recipient and
attached to the contract.
Ava il ability of Funds : The parties to this Contract agree
and understand that the payment of the sums specified in
this Contract is dependent and con tingent upon and
subject to the appropriation , allocation , and availability of
funds for this purpose to the Agency .
Force Maj eure : Neither party shall be deemed to be in
default of its obligations hereunder if and so long as it is
prevented from performing such obligations by any act of
war, hostile foreign action, nuclear explosion, riot, strikes,
civil insurrection , earthquake , hurricane, tornado , or other
catastrophic natural event or act of God.
S urv iva l of Pro mi ses : All promises, requirements,
terms , conditions, prov1s1ons , representations,
guarantees, and warranties contained herein shall survive
the contract expiration or termination date unless
specifically provided otherwise herein. or unless
superseded by applicable federal or State statutes of
limitation.
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Intellectual Property Rights
Copyrights and Ownership of Deliverables: All
deliverable items produced pursuant to this Contract are
the exclusive property of the Agency. The Recipient shall
not assert a claim of copyright or other property interest in
such deliverables .
Federal Intellectual Property Bankruptcy Protection
Act: The Parties agree that the Agency shall be entitled
to all rights and benefits of the Federal Intellectual
Property Bankruptcy Protection Act, Public Law 100-506 .
codified at 11 U.S .C . 365 (n) and any amendments
thereto .
Compliance with Applicable Laws
Compliance with Laws: The Recipient shall comply with
all laws, ordinances, codes , rules , regulations , and
licensing requirements that are applicable to the conduct
of its business, including those of federal , state , and local
agencies having jurisdiction and /or authority.
Equal Employment Opportunity: The Recipient shall
comply with all federal and State laws relating to equal
employment opportunity.
Confidentiality
Confidentiality: Any information, data, instruments,
documents, studies or reports given to or prepared or
assembled by the Recipient under this agreement shall
be kept as confidential and not divulged or made available
to any individual or organization without the prior written
approval of the Agency. The Recipient acknowledges that
in receiving , storing , processing or otherwise dealing with
any confidential information it will safeguard and not
further disclose the information except as otherwise
provided in this Contract.
Oversight
Access to Persons and Records: The State Auditor
shall have access to persons and records as a result of
all contracts or grants entered into by State agencies or
political subdivisions in accordance with N.C.G .S. 147-
64.7. Additionally , as the State funding authority, the
Agency shall have access to persons and records as a
result of all contracts or grants entered into by State
agencies or political subdivisions .
Record Retention: Records shall not be destroyed,
purged or disposed of without the express written consent
of the Agency. State basic records retention policy
requires all grant records to be retained for a minimum of
five years or until all audit exceptions have been resolved ,
whichever is longer. If the contract is subject to federal
policy and regulations , record retention may be longer
than five years since records must be retained for a period
OSBM LGU -Attachment A
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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 th is Contract has been started before expiration
of the five-year retention period described above, the
records must be retained until completion of the action
and resolution of all issues which arise from it, or until the
end of the regular five-year period described above ,
whichever is later.
Miscellaneous
Choice of Law: The validity of this Contract and any of
its terms or provisions , as well as the rights and duties of
the parties to this Contract , are governed by the laws of
North Carolina . The Recipient, by signing this Contract,
agrees and submits , solely for matters concerning this
Contract, to the exclusive jurisdiction of the courts of
North Carolina and agrees, solely for such purpose, that
the exclusive venue for any legal proceedings shall be
Wake County, North Carolina . The place of this Contract
and all transactions and agreements 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 and the Recipient.
Severability: In the event that a court of competent
jurisdiction holds that a provision or requirement of this
Contract violates any applicable law, each such provision
or requirement shall continue to be enforced to the extent
it is not in violation of law or is not otherwise
unenforceable and all other provisions and requirements
of this Contract shall remain in full force and effect.
Headings: The Section and Paragraph headings in these
General Terms and Conditions are not material parts of
the agreement and should not be used to construe the
meaning thereof.
Time of the Essence: Time is of the essence in the
performance of this Contract.
Care of Property: The Recipient agrees that it shall be
responsible for the proper custody and care of any
property furnished to it for use in connection with the
performance of this Contract and will reimburse the
Agency for loss of, or damage to , such property. At the
termination of this Contract, the Recipient shall contact
the Agency for instructions as to the disposition of such
property and shall comply with these instructions.
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Travel Expenses: Reimbursement to the Recipient for
travel mileage , meals, lodging and other travel expenses
incurred in the performance of this Contract shall be
reasonable and supported by documentation. State rates
should be used as guidelines. International travel shall not
be reimbursed under this Contract.
Advertising: The Recipient shall not use the award of
this Contract as a part of any news release or commercial
advertising.
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Attachment B
Notice of Certain Reporting Requirements
Recipient shall comply with all the rules and reporting requirements established by statute or administrative rules.
For convenience, the requirements of N .C.G.S . 143C-6-22 are presented below.
Also below are the thresholds related to reporting requirements required of recipients per the Contract.
§ 143C-6-22. Use of State funds by non-State entities.
(a) Disbursement and Use of State Funds. -Every non-State entity that receives , uses , or expends any State funds
shall use or expend the funds only for the purposes for which they were appropriated by the General Assembly.
State funds include federal funds that flow through the State Treasury.
(b) Compliance by Non-State Entities. -If the Director of the Budget finds that a non-State entity has spent or
encumbered State funds for an unauthorized purpose , or fails to submit or falsifies the information required by G .S.
143C-6-23 or any other provision of law, the Director shall take appropriate adm inistrative action to ensure that no
further irregularities or violations of law occur and shall report to the Attorney General any facts that pertain to an
apparent violation of a criminal law or an apparent instance of malfeasance, misfeasance, or nonfeasance in
connection with the use of State funds . Appropriate administrative action may include suspending or withholding
the disbursement of State funds and recovering State funds previously disbursed.
(c) Civil Actions . -Civil actions to recover State funds or to obtain other mandatory orders in the name of the State on
relation of the Attorney General. or in the name of the Office of State Budget and Management, shall be filed in the
General Court of Justice in Wake County. (2006-203, s . 3.)
Reporting Thresholds:
There are two reporting thresholds established for recipients and subrecipients receiving State funds .
The reporting thresholds are :
(1) Less than $25,000 -A recipient that receives . holds, uses, or expends State funds from the funding agency in an
amount less than twenty-five thousand dollars ($25,000) within its fiscal year must comply with the reporting
requirements established by the Contract including:
(A) An accounting of all State funds received , held, used, or expended.
All reporting requirements shall be filed with the fund ing agency within three months after the end of the recipient's fiscal
year in which the State funds were received .
(2) Equal to or greater than $25,000 -A recipient that receives, holds , uses, or expends State funds from the funding
agency in an amount of at least twenty-five thousand ($25 ,000) within its fiscal year must comply with the reporting
requirements established by the Contract including:
(A) An accounting of all State funds received, held , used, or expended; and
(B) A description of activities and accomplishments undertaken by the recipient. including reporting on any
performance measures established in the contract.
All reporting requirements shall be filed with the funding agency within three months after the end of the recipient's fiscal
year in which the State funds were received.
Other Provisions:
1. All recipients and subrecipients shall use the prescribed forms of the awarding agency and of the Office of the State
Auditor in making reports to the awarding agency and the Office of the State Auditor.
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Attachment C
Scope of Work a nd Annual Budget
Before it will be possible to finalize this award and make any disbursement, you are required to provide to the Agency a
description for how the organization will spend the amount of funding allocated for the specific purpose as stated in the
grant contract. This will include a scope of work , information related to any potential subgrants and an annual budget for
the grant funds . Please attach additional sheets as necessary.
1. Organization :
Organization Name:
Tax Identification #:
Organization Fiscal Year End:
(mmddyyyy)
2 . Scope of Work:
Recipient shall detail below how the organization will spend the amount of funding allocated fo r the specific pu rpose as
stated in the grant contract. The description should include services to be provided, objectives to b e ach ieved , and
expected results. The description should also include an ticipated timing of those services, objectives and expected
results.
3. Subgrants:
a. Does the Recipient anticipate that it will subgrant or pass down any funds to I I Yes l j No
another orQanization?
If yes, answer the following :
b . Name of Subrecioient c. Proqram Name d . Amount to Subreci pient
Below are general expenditure descriptions that can serve as a guide for prep aring the organization 's a nnual bu d get related
to the grant award. P lease add or delete expenditure captions for clarity if needed. The annual budget must be signed by
an authorizing official.
The following annual budget is for the time period beginning (month/date/yr.) and ending (month /date/yr.).
EXPENDITURE DESCRIPTION
PERSONAL SERVI CES
Sala ries & Wages
Fringe Benefits
Other Personal Services
PURCHASED SERVICES
Travel
OSBM LGU -Attachment C
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$
$
$
$
$
AMOUNT
101116wsa HC BOC Page 41
Communications/Data Processing
Postage/Freight/Deliveries
Printing/ Advertising
Repairs/Maintenance/Utilities
Contracted Services
Other Services
S UPPLIES & MATERIALS
General Administrative Supplies
Other Administrative Expenses
FIXED CHARGES & EXPENSES
Rent/Leases
Insurance/Bonding
Other Fixed Charges/Expenses
C APITAL OUTLAY
$
$
$
$
$
$
$
$
$
$
$
Office Equipment $
Office Furniture $
Building/Other Structures/Improvements $
Land $
Motor Vehicles $
Other Capital Outlay $
GRANTS
Grants to Other Entities (Sub-Awards) $
DEBT SERVI CE
Principal Payments
Interest Payments
OTHER EXPENDITURES
Other Expenditures
TOTAL BUDGETED EXPENDITURES
$
$
$
$(GRANT AWARD AMOUNT)
W ith regard to the information conta ined herein , I certify that the annual budget has been approved by the Recipient's Chief
Fiscal Officer, County Manager or City Manager.
Signature
Printed Name
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Date
Title
Page 2 of 2 101116wsa HC BOC Page 42
Attachment D
I ran Divestment Act Certification
Pursuant to G .S . 147-86.59 , any person identified as engaging in investment activities in Iran, determined by appearing
on the Final Divestment List created by the State Treasurer pursuant to G.S. 147-86.58, is ineligible to contract with the
State of North Carolina or any political subdivision of the State . The Iran Divestment Act of 2015, G .S. 147-86.55 et seq.*
requires that each vendor, prior to contracting with the State certify, and the undersigned on behalf of the Vendor does
hereby certify, to the following :
1. that the vendor is not identif ied on the Final Divestment List of entities that the State Treasurer has determined
engages in investment activities in Iran ;
2 . that the vendor shall not utilize on any contract with the State agency any subcontractor that is identified on the
Final Divestment List ; and
3. that the undersigned is authorized by the Vendor to make this Certification.
Name of Vendor:
Address of Vendor: ---------------------
Signature Date
Printed Name Title
The State Treasurer's Final Divestment List can be found on the State Treasurer's website at the address:
https.l'www n ctreasurer com.'ms 1de-the-department/OpenGovernment/Pages/lran -D1ves tment-Act-Resources aspx
and will be updated every 180 days. For questions about the Department of State Treasurer's I ran Divestment
Policy, please contact Meryl Murtagh at Meryl.Murtagh@nctreasurer.com or (919) 814-3852 .
• Note: Enacted by Session Law 2015-118 as G .S. 143C-55 et seq., but has been renumbered for codification at the
direction of the Reviser of Statutes .
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Office of State Budget a nd Management
Contrac t # 2017 .45 .4
This Contract is hereby entered into by and between the Office of State Budget and Management (the "Agency") and Harnett
County (the "Recipient") (referred to collective ly as the "Parties "). The Recipient's federal tax identification number is
1. Contract Docum e nts:
This Contract consists of the following documents:
( 1 ) This Contract
(2) The General Terms and Conditions (Attachment A)
(3) Notice of Certain Reporting Requirements (Attachment 8)
(4) Scope of Work and Annual Budget (Attachment C)
(5) Iran Divestment Act Certification (Exhibit D)
These documents constitute the entire agreement between the Parties and supersede all oral and w r itten statements,
negotiations or agreements made, communicated , negotiated or entered into prior to or contemporaneously with the
full execution of this Contract.
2 . P recedence Among Contract Documents:
In the event of a conflict between or among the terms of the Contract Documents . the terms in the Contract Document
with the highest rela tive precedence shall prevail. The order of precedence shall be the order of documents as listed
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 shall have the highest
precedence and the oldest amendment shall have the lowest precedence.
3. Effective Period :
This Contract shall be effective on July 1, 2016 and shall terminate on June 30 , 2017.
4 . Recip i ent's Duties:
The Recipient shall provide the services as described in Attachment C.
5 . Agency's Dut ies:
The Agency shall pay the Recipient in the manner and in the amounts specified in the Contract Docum ents. T he total
amount paid by the Agency to the Recipient under this Contract shall not exceed $50 ,000 as identified on Page J 57 of
the Joint Conference Committee Report on the Base , Capital and Expansion Budgets , House Bill 1030 (Session Law
2016-94) as follows:
Provides a grant-in-aid of $50 ,000 for the Harnett County Veterans Counci l Park.
There are no matching requirements from the Recipient. Contributions from the Recipient shall be sourced from non-
federal funds. The total contract amount is $50,000.
6 . Conflict of Interest Policy:
T he Recipient shall file with the Agency a copy of its policy and any ordinance or resolution it has adopted addressing
conflicts of interest that may arise involving the members of the Recipient's governing body and/or any of its employees
or officers involved in the grant or the project. Such policy, ordinance or resolution shall address situations in which
any of these individuals may directly or indirectly benefit. other than through receipt of their normal compens ation in
their capacities as the Recipient's emp loyees , officers or members of its governing body, from the Recipient's disbursi ng
of State funds, and shall include actions to be taken by the Recipient or the individual, or both , to avoid conflicts of
interest and the appearance of impropriety. Additionally , the Recipient certifies that , as of the date it executes th is
Contract, no such individuals have such a conflict of interest or will directly or ind irectly benefit, except in the capacities
described above , from the grant or project. Throughout the duration of this Contract, the Recipient has the duty to
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promptly inform the Agency of any such conflict of interest or direct or indirect benefit of wh ic h it becomes aware. The
policy shall be filed before Agency may disburse the grant funds .
7. Reporting Requirements:
The Agency has determined that this Contract is subject to the reporting requ irements described in the attached Notice
of Certain Reporting Requirements (Attachment B), which is part of this Contract. The Rec ipient shall comply with all
of the reporting requirements and provisions described in Attachment B hereto . All reporting requirements shall be filed
with the Agency using the prescribed forms Agency provides to Recipient.
8. Payment Provisions:
Upon execution of this contract, the Recipient may request and, upon approval by the Agency, receive a single
payment for amounts up to one hundred thousand dollars ($100,000). For grants-in-aid of more than one hundred
thousand dollars ($100,000) payment will be paid in quarterly installments, unless Recipient can demonstrate an
immediate need for an amount greater than what would otherwise be paid quarterly.
9. Contract Administrators:
All notices permitted or required to be given by one Party to the other and all questions about the contract from one
Party to the other shall be addressed and delivered to the other Party's Contract Administrator. The name, post office
address , street address , telephone number, fax number, and email address of the Parties ' respective initial Contract
Administrators are set out below. Either Party may change the name, post office address, street address, telephone
number, fax number, or email address of its Contract Administrator by giving timely written notice to the other Party.
For the Agency
IF DELIVERED BY US POST AL SERVICE IF DELIVERED BY ANY OTHER MEANS
Fred E. Duyck , Chief Financial Officer Fred E. Duyck , Chief Financial Officer
Office of State Budget and Management Office of State Budget and Management
20320 Mail Service Center 116 W . Jones Street, Suite 5200
Raleigh, NC 27699-0320 Raleigh , NC 27603
Telephone: (919) 807-4764 Telephone: (919} 807-4764
Fax: (9 19) 733-0640 Fax: (919) 733-0640
Email : fred.duyck@osbm.nc.gov Email : fred.duyck@osbm .nc.gov
For the Recipient
IF DELIVERED BY US POST AL SERVICE IF DELIVERED BY ANY OTHER MEANS
Joseph Jeffries , County Manager Joseph Jeffries , County Manager
Harnett County Harnett County
P.O . Box 759 102 E. Front Street
Lillington, NC 27546 Lillington , NC 27546
Telephone: (910) 814-6005 Telephone: (910) 814-6005
Email: jjeffries®harnett.orQ Email: jjeffries@harnett.org
10 . Disbursements :
In addition to the other requirements set forth above and in the attached documents concerning the disbursement of
grant funds by the Recipient (including any sub-recipient(s) and sub-sub-recipient(s)). as well as all requirements
imposed on grant fund expenditures by applicable law, rules and regu lations, the Recipient acknowledges and agrees ,
as an express condition of this Contract, to make disbursements of all grant funds in accordance with the following
requirements . The Recipient shall :
a . Implement adequate internal controls over all disbursements;
b. Pre-audit all vouchers presented to it for payment to determine:
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• The val id ity and accuracy of the requested payment;
• The payment due date ;
• The adequacy of all documentation allegedly supporting the requested pa ym ent ; and
• The legality of all disbursements and requested disbursements ;
c. Assure adequate control of signature stamps and plates,
d. Assure adequate control of all negotiab le instruments ; and
e. Implement adequate procedures to insure that its account ba lance is so lvent and shall re co ncil e its accou nt
monthly.
11. Outsourcing :
The Recip ient certifies that it has identified to the Agency all jobs related to th is Contract that have been outsourc ed to
other countries , if any. The Recipient further acknowledges that it may not outsou rce to any other country any jobs
related to this Contract during the term of this Contract without obtaining the prior wr itten approval of the Agency.
12. Procurement, Suspension and Debarment:
The Recipient acknowledges and agrees that, in its conduct under th is Contract and in connection w ith any and all
expenditures of grant funds made by it, the Recipient, its officers , agents and employees shall be and are subject to the
provisions of the North Carolina General Statutes and the North Carolina Adm inistrative Code relating to and governing
procurement, public contracts , suspension and debarment. The Recipient further acknowledges and agrees that, in the
ev ent that it grants any of the grant funds awarded hereunder to one or more sub-recipients or sub-sub-recipients , the
Recipient shall . by contract , ensure that the provisions of the North Carolina General Statutes and the North Carolina
Adm inistrative Code relating to and governing procurement, public contracts , suspension and debarment are made
applicable to and binding upon any and all of the Recipient's sub-recipients. sub-sub-recipients. etc.
13. Cost Pr inciples :
The Recip ient acknowledges and agrees that , in its conduct under this Contract and in connection with any and all
expenditures of grant funds made by it , it sh all comply with the cost principles enunciated in the Code of Federal
Regulations . 2 CFR, Part 200. The Recipient further acknowledges and agrees that , in the even t that it grants any of
the grant fund s awarded hereunder to one or more sub-recipients or sub-sub-rec ipients , the Recipient shall, by contract,
ensure that said cost principles are made applicable to and binding upon any and all such sub-recipients, sub-sub-
recipients , etc. in their handling, use and expenditure of the funds awarded to the Recipient hereunder.
14. Final Reports and Certifications :
The Recipient shall file all reports and certifications , as described and requ ired by Attachment B to this Contract,
concerning its receipt , handling and expenditure of all grant funds awarded hereunder. including any interest earned by
the Recipient from such funds , with the Agency.
15. Mon itori ng and Aud it ing :
The Rec ipient acknowledges and agrees that , from and after the date of exe cution of this Contract and for five (5) years
following its term ination , the books , reco rds, documents and facilities of the Recip ient are subj ect to be ing audited ,
inspected and monitored at any time by the Agency upon its request (whether in writing or otherwise). The Recipient
and its officers , agents and employees shall make the Recipient's books , records. documents and offices/facilit ies
available to the Agency and its personnel for inspection, audit and monitoring upon the Agency's request, shall answer
any questions posed to them by the Agency and shall provide the Agency, upon its request, with any documents,
records or information sought by the Agency in its efforts to monitor and audit the Recipient's activities regarding the
funds awarded under th is Contract. The Recipient further agrees to keep and maintain all of its books, records and
documents re lating in any way to the grant funds awarded hereunder for the time peri od specified in Attachment A
hereto .
The Re ci pient acknowledges and agrees that , with regard to the grant funds , it will be subj ect to the audit and reporting
requirements prescribed by N.C .G .S §159-34, Local Government Finance Act -Annual Independent Audit ; ru les and
regulations. Such audit and reporting requirements may vary depending upon the amount and source of grant funding
received by the Recipient and are subject to change from time to time .
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16. Grant Agreement with Sub-Recipient(s):
In the event that the Recipient grants to a sub-recipient , a sub-sub-recipient, etc. any of the grant funds awarded to the
Recipient hereunder, the Recipient must retain a signed copy of the contract or letter pursuant to which the grant funds
awarded to the Recipient hereunder are granted to a sub-recipient , a sub-sub-recipient , etc.
17 . Repayment of Grant Funds to Agency:
In the event that the Recipient , either directly or indirectly (e .g., through a sub-recipient or sub-sub-recipient) commits
any breach of this Contract which the Recipient fails to fully cure within thirty (30) days of its receipt of written notice
from the Agency of said breach, the Agency may make demand in writing of the Recipient that it repay the Agency so
much of the grant funds awarded under this Contract, up to and including 100 % of the amount of the award made under
this Contract. In such an event, the Recipient shall repay said amount to the Agency w ithin thirty (30) days of its re ceipt
of said demand for repayment , as well as any interest earned by the Recipient on said amount.
In addition , in the event that this Contract should be terminated by the parties or otherwise comes to an end prior to the
time when the Recipient , its sub-recipient(s). any sub-sub-recipient(s), etc. have expended all of the funds awarded
under this Contract, the Recipient shall, within thirty (30) days of said term ination or contract end , return to the Agency
all such unexpended funds as well as any interest earned by the Recipient on such funds. Furthermore , the Recipient
shall, by contract , ensure that , in the event that its sub-recipient(s) enter into any sub-sub-recipient agreements involving
any of the funds awarded hereunder, all such sub-recipient, sub-sub-recipient , etc. are required to repay to their
recipient(s) all such unexpended funds , as well as any interest earned by the sub-recipient or sub-sub-recipient on such
funds, so that the Recipient can return those unexpended funds and interest to the Agency within thirty (30) days of the
termination or other end of this Contract. In any event, the Recipient shall be and remain liable to the Agency for the
repayment to the Agency of all grant funds that are unexpended (ei ther by the Recipient or any sub-recipient, sub-sub-
recipient, etc .) at the time of the termination or other end of this Contract, as well as the repayment of any interest
earned by the Recipient, sub-recipient or sub-sub-recipient on such funds at that time .
18. Termination:
Subject to the provisions of paragraph 17 of this Contract, this Contract may be terminated in accordance with the
provisions set forth in Attachment A hereto ; however, the reporting , monitoring and audit requ irements and provisions
of th is Contract shall survive any such termination.
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19. Authorized Signature Warranty:
The undersigned represent and warrant that they are authorized to bind their principals to the terms of this agreement.
In Witness Whereof, the Recipient and the Agency have executed this Contract in duplicate originals , with one original
being retained by each party.
Harnett County
Signature
Printed Name
ATTEST
Notary Public
Printed Name
[OFFICIAL SEAL)
Office of State Budget and Management
Signature
Printed Name
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Date
Title
Date Notarized
Title
Date
Title
101116wsa HC BOC Page 48
Attachment A
General Terms and Condi tions
Defin iti on s
Unless indicated otherwise from the con text, the following
terms shall have the following meanings in this Contract.
( 1) "Audit" means an examination of records or
financial accounts to verify their accuracy.
(2) "Compliance Supplement" refers to the North
Carolina State Compliance Supplement,
maintained by the State and Local Government
Finance Division of the North Carolina
Department of State Treasurer that has been
developed in cooperation with agencies to assist
the local auditor in identifying program
compliance requirements and audit procedures
for testing those requirements.
(3) "Contract" means a legal instrument that is used
to document a relationship be tween the agency,
and a recipient or between a recipient and
subrecipient.
(4) "Contractor" means an entity subject to the
contractor requirements, as well as any entity that
would be subject to the contractor requirements
but for a specific statu te or rule exempting that
entity from the contractor requireme nts .
(5) "Contractor requirements" means Article 3, 3C,
30, 3E. 3G, or 8 of Chapter 143 of the General
Statutes and related rules.
(6) "Fiscal Year" means the annual operating year of
the non-State entity.
(7) "Financial Statement" means a report providing
financial data relative to a given part of an
organization's operations or status.
(8) "Single Audit" means an audit that includes an
examination of an organization's financial
statements, internal controls , and compliance
wi th the requirements of Federal or Sta te awards .
(9) "S t ate Funds" means any funds appropria t ed 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 disbursed as
financial assistance to other organizations.
Relationships of the Parties
Independent Contractor: The Recipient is and shall be
deemed to be an independent contractor in the
performance of this Contract and as such shall be wholly
responsible for the work to be performed and for the
supervision of its employees . The Recipient represent s
that it has . or shall secure at its own expense. all
personnel required in performing the services under this
agreement. Such employees shall not be employees of,
OSBM L GU -Attachm ent A
Effe c ti ve 8/2016
or have any individual contractual re lationship wi th , the
Agency.
Subcontracting and Subgranting : Any subcontracts or
subgrants entered into by the Recipient with grant funds
shall be subject to all conditions of this Contract. Payment
of all subcontractors and subrecipients shall be the sole
responsibility of the Recipient, and the Agency shall not
be obligated to pay for any work performed by any
subcontract or or subrecipient. The Recipient shall be
responsible for the performance of all subcontractors and
subrecipients an d shall not be re lieved o f any of the duties
and responsibilities of this Contract as a result of en t ering
into subcon tracts or subg ran t s. Addit ionally, if said
Recipient subgrants any grant funds pursuant to this
Contract. the Recipient shall submit a copy of its policies
and/or procedures for monitoring subrecipients to the
Agency.
Subrecipients: The Recipient has the responsib ility to
ensure that all subrecipients. if any, provide all information
necessary to permit the Recipient to comply with the
st andards set forth in this Contract.
Assignment : No assignment of the Recipient's
obligations or the Recipient's right to receive payment
he reunder shall be perm itted . However, upon written
request approved by the issuing purchasing authority , the
State may:
(a) Forward the Recipient's payment check(s)
directly to any person or entity designated by the
Recipient, or
(b) Include any person or entity designated by
Recipient as a joint payee on the Recipient's
payment check(s).
In no event shall such approval and action obligate the
State to anyone other than the Recipient and the
Recipient shall remain responsible for fulfi llmen t of all
contract obligations.
Beneficiaries : Except as herein specifically provided
otherwise , this Contract shall inure to the benefit of and
be binding upon the parties hereto and their respective
successors. It is expressly understood and agreed that
the enforcement of the terms and conditions of this
Contrac t, and all righ t s of action relatin g to such
enforcement, shall be strictly reserved to the Agency and
the named Recipient. Nothing contained in this document
shall give or allow any claim or right of action whatsoever
by any other third person. It is the express intention of the
Agency and Recipient that any such person or entity,
other than the Agency or the Recipient, receiving services
or benefits under this Contract sha ll be deemed an
incidental beneficiary only.
101116wsa HC BOC Page 49
Indemnity and Insurance
Indemnification: The Recipient agrees to indemnify and
hold harmless the Agency, the State of North Carolina ,
and any of their officers. agents and employees. from any
claims of third parties arising out of any act or omission of
the Recipient in connection with the performance of this
Contract.
Insurance: During the term of the contract, the Recipient
at its sole cost and expense shall provide commercial
insurance of such type and with such terms and limits as
may be reasonably associated with the contract. As a
minimum, the Recipient shall provide and maintain the
following coverage and limits:
(a) Worker's Compensation -The Recipient shall
provide and maintain Worker's Compensation
Insurance as required by the laws of North
Carolina . as well as employer's liabil ity coverage
with minimum limits of $500 ,000.00, covering all
of Recipient's employees who are engaged in any
work under the contract. If any work is sublet, the
Recipient shall require the subrecipient to provide
the same coverage for any of his employees
engaged in any work under the contract.
(b) Commercial General Liability-General Liability
Coverage on a Comprehensive Broad Form on
an occurrence basis in the minimum amount of
$1 ,000,000 .00 Combined Single Limit. (Defense
cost shall be in excess of the limit of liability.)
(c) Automobile -Automobile Liability Insurance, to
include liability coverage, covering all owned,
hired and non-owned vehicles used in
performance of the contract. The minimum
combined single limit shall be $500,000.00 bodily
injury and property damage; $500,000.00
uninsured/under insured motorist; and
$25,000.00 medical payment.
Providing and maintaining adequate insurance coverage
is a material obligation of the Recipient and is of the
essence of this Contract. The Rec ipient may meet its
requirements of maintaining specified coverage and limits
by demonstrating to the Agency that there is in force
insurance with equivalent coverage and limits that will
offer at least the same protection to the Agency. All such
insurance shall meet all laws of the State of North
Carolina . Such insurance coverage shall be obtained
from companies that are authorized to provide such
coverage and that are authorized by the Commissioner of
Insurance to do business in North Carolina. The
Recipient shall at all times comply with the terms of such
insurance policies. and all requirements of the insurer
under any such insurance policies, except as they may
conflict with existing North Carolina laws or th is Contract.
The limits of coverage under each insurance policy
maintained by the Recipient shall not be interpreted as
limiting the Recipient's liability and obligations under the
contract.
OSBM LGU-Attachment A
Effective 8/2016
Default and Termination
Termination by Mutual Consent: The Parties may
terminate this Contract by mutual consent with 60 days'
notice to the other party, or as otherwise provided by law.
Termination for Cause: If, through any cause , the
Recipient shall fa il to fulfil l its obligations under this
Contract in a timely and proper manner, the Agency shall
have the right to terminate this Contract by giving written
notice to the Recipient and specifying the effective date
thereof. In that event, all finished or unfinished
deliverable items prepared by the Recipient under this
Contract shall, at the option of the Agency, become its
property and the Recipient shall be entitled to receive just
and equitable compensation for any satisfactory work
completed on such materials. minus any payment or
compensation previously made. Notwithstanding the
foregoing provision, the Recipient shall not be relieved of
liability to the Agency for damages sustained by the
Agency by virtue of the Recipient's breach of th is
agreement, and the Agency may withhold any payment
due the Recipient for the purpose of setoff until such time
as the exact amount of damages due the Agency from
such breach can be determined. The filing of a petition
for bankruptcy by the Recipient shall be an act of default
under this Contract.
Waiver of Default: Waiver by the Agency of any default
or breach in compliance with the terms of this Contract by
the Re cipient shall not be deemed a waiver of any
subsequent default or breach and shall not be construed
to be modification of the terms of th is Contract unless
stated to be such in writing, signed by an authorized
representative of the Agency and the Recipient and
attached to the contra ct.
Availability of Funds: The parties to this Contract agree
and understand that the payment of the sums specified in
this Contract is dependent and contingent upon and
subject to the appropriation, allocation, and availability of
funds for this purpose to the Agency .
Force Majeure: Neither party shall be deemed to be in
default of its obligations hereunder if and so long as it is
prevented from performing such obligations by any act of
war, hostile foreign action , nuclear explosion, rio t, strikes ,
civil insurrection , earthquake , hurricane, tornado. or other
catastrophic natural event or act of God.
Survival of Promises : All promises, requirements.
terms . conditions, prov1s1ons, representations,
guarantees. and warranties contained herein shall survive
the contract expiration or termination date unless
specifically provided otherwise herein , or unless
superseded by applicable federal or State statutes of
limitation .
P:ar,o? ,...( A
101116wsa HC BOC Page 50
Intellectual Property Rights
Copyrights and Ownership of Deliverables: All
deliverable items produced pursuant to this Contract are
the exclusive property of the Agency . The Recipient shall
not assert a claim of copyright or other property interest in
such deliverables .
Federal Intellectual Property Bankruptcy Protection
Act: The Parties agree that the Agency shall be entitled
to all r ights and benefits of the Federal Intellectual
Property Bankruptcy Protection Act , Public Law 100-506,
codified at 11 U.S .C. 365 (n ) and any amendments
thereto .
Compliance with Applicable Laws
Compliance with Laws: The Recipient shall comply with
all laws, ordinances , codes , rules , regulations , and
licensing requirements that are applicable to the conduct
of its business , including those of federal , state , and local
agencies having jurisdiction and /or authority.
Equal Employment Opportunity: The Rec ipient shall
co mply w ith all federal and State laws relating to equal
emplo yment opportunity.
Confidentiality
Confidentiality: Any information , data, instruments ,
docum e nts, studies or reports given to or prepared or
assembled by the Recipient under this agreement shall
be kept as confidential and not d ivulged or made available
to any individual or organization without the prior written
approval of the Agency . The Recipient acknowledges that
in receiving , storing , processing or otherwise dealing with
any confidential information it will safeguard and not
further disclose the information except as otherwise
provided in this Contract.
Oversight
Access to Persons and Records: The State Auditor
shall have access to persons and records as a result of
all contracts or grants entered into by State agencies or
politic al subdivisions in accordance with N.C.G.S . 147-
64 .7. Additionally , as the State funding authority, the
Agen cy shall have access to persons and records as a
result of all contracts or grants entered into by State
agencies or pol itical subdivisions.
Record Retention: Records shall not be destroyed ,
purged or disposed of without the express written consent
of the Agency . State basic records retention policy
requires all grant records to be retained for a minimum of
fi v e years o r until all audit except ion s have been resolved ,
whic hever is longer. If the contra ct is subject to federal
poli cy and regulation s, record retention may be longer
than five ye ars since record s must be retained for a period
OSBM LGU -Attachment A
Effective: 8/201 6
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 been started before expiration
of the five-year retention period described above , the
records must be retained until completion of the action
and resolution of all issues which arise from it , or until the
end of the regular five-year period described above,
whichever is later.
Miscellaneous
Choice of Law: The valid ity 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 Recipient, by signing this Contract,
agrees and submits, solely for matters concerning this
Contract, to the exclusive jurisdiction of the courts of
North Carolina and agrees , solely for such purpose, that
the exclusive venue for any legal proceedings shall be
Wake County , North Carolina. The place of this Contract
and all transactions and agreements relating to it, and
their s itus 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 and the Recipient.
Severability: In the event that a court of competent
jurisdiction holds that a provision or requirement of this
Contract violates any applicable law, each such provision
or requirement shall continue to be enforced to the extent
it is not in violation of law or is not otherwise
unenforceable and all other provisions and requirements
of this Contract shall remain in full force and effect.
Headings: The Section and Paragraph headings in these
General Terms and Conditions are not material parts of
the agreement and should not be used to construe the
meaning thereof.
Time of the Essence: Time is of the essence in the
performance of this Contract.
Care of Property: The Recipient agrees that it shall be
responsible for the proper custody and care of any
property furnished to it for use in connection with the
performance of this Contract and will reimburse the
Agency for loss of, or damage to , such property. At the
termination of this Contract, the Recipient shall contact
the Agency for instructions as to the disposition of such
property and shall comply with these instructions.
Page 3 of 4
101116wsa HC BOC Page 51
Travel Expenses: Reimbursement to the Rec ipient for
tra vel mileage, meals, lodging and other travel expenses
incurred in the performance of this Contract shall be
reasonable and supported by documentation. State rates
should be used as guidelines . International travel shall not
be reimbursed under this Contract.
Advertising: The Recipient shall not use the award of
this Contract as a part of any news release or commercial
advertising .
OSBM LGU -Attach ment A
Effecti ve 812016
Page 4 o f 4
101116wsa HC BOC Page 52
Attachment B
Notice of Certain Reporting Requirements
Recipient shall comply with all the rules and reporting requirements established by statute or administrative rules .
For convenience , the requirements of N.C.G.S. 143C-6-22 are presented below.
Also below are the thresholds related to reporting requirements required of recipients per the Contract.
§ 143C-6-22. Use of State funds by non-State entities.
(a) D isbu rsement and Use of State Funds . -Every non-State entity that receives , uses , or expends any State funds
shall use or expend the funds only for the purposes for which they were appropriated by the General Assembly.
State funds include federal funds that flow through the State Treasury.
(b) Compliance by Non-State Entities . -If the Director of the Budget finds that a non-State entity has spent or
encumbered State funds for an unauthorized purpose , or fails to submit or falsifies the information required by G.S.
143C-6-23 or any other provision of law, the Director shall take appropriate administrative action to ensure that no
further irregularities or violations of law occur and shall report to the Attorney General any facts that pertain to an
apparent violation of a criminal law or an apparent instance of malfeasance, misfeasance, or nonfeasance in
connection with the use of State funds. Appropriate administrative action may include suspending or withholding
the disbursement of State funds and recovering State funds previously disbursed .
(c) Civil Actions. -Civil actions to recover State funds or to obtain other mandatory orders in the name of the State on
relation of the Attorney General, or in the name of the Office of State Budget and Management, shall be filed in the
General Court of Justice in Wake County. (2006-203 , s. 3.)
Reporting Thresholds:
There are two report ing thresholds established for recipients and subrecipients re ceiving State funds.
The reporting thresholds are :
(1) Less than $25,000 -A recipient that receives, holds, uses, or expends State funds from the funding agency in an
amount less than twenty-five thousand dollars ($25,000) within its fiscal year must comply with the reporting
requirements established by the Contract including:
(A) An accounting of all State funds received, held, used, or expended .
All reporting requ ire ments shall be filed with the funding agency within three months after the end of the recipient's fiscal
year in which the State funds were received .
(2) Equal to or greater than $25,000 - A recipient that receives , holds , uses, or expends State funds from the funding
agency in an amount of at least twenty-five thousand ($25,000) within its fiscal year must comply with the reporting
requirements established by the Contract including:
(A) An accounting of all State funds received, held, used, or expended ; and
(B) A description of activities and accomplishments undertaken by the recipient, including reporting on any
performance measures established in the contract.
All reporting requirements shall be filed with the funding agency within three months after the end of the recipient's fiscal
year in which the State funds were received.
Other Provisions:
1. All recipients and subrecipients shall use the prescribed forms of the awarding agency and of the Office of the State
Auditor in making reports to the awarding agency and the Office of the State Auditor.
OSBM LGU -Attachment B
Effecti ve . 8/2016
Page 1 of 1
101116wsa HC BOC Page 53
Attachment C
Scope of Work and Annual Budget
Before it will be possible to finalize this award and make any disbursement. you are required to provide to the Agency a
description for how the organization will spend the amount of funding allocated for the specific purpose as stated in the
grant contract. This will include a scope of work , information related to any potential subgrants and an annual budget for
the grant funds . Please attach additional sheets as necessary.
1. Oraanization:
Oroanization Name:
Tax Identification #:
Organization Fi scal Year End:
(mmddyyyy)
2 . Scope of Work :
Recipient shall detail below how the organization will spend the amount of funding allocated for the specific purpose as
stated in the grant contract. The description should include services to be provided, objectives to be achieved, and
expected results. The description should also include anticipated timing of those services, objectives and expected
results.
3. Subarants :
a . Does the Recipient anticipate that it will subgrant or pass down any funds to 1 ) Yes J J No another oroanization?
If ves, answer the followinq :
b. Name of Subrecioient c . Prooram Name d. Amount to Subrecipient
Below are general expenditure descriptions that can serve as a guide for preparing the organization 's annual budget related
to the grant award . Please add or delete expenditure captions for clarity if needed. The annual budget must be signed by
an authorizing official.
The following annual budget is for the time period beginning (month/date/yr.) and ending (month/date/yr.).
EXPENDITURE DESCRIPTION
PERSONAL SERVICES
Salaries & Wages
Fringe Benefits
Other Personal Services
PURCHASED SERVICES
Travel
OS8M LGU -Attach m en t C
Effective· 8/20 16
$
$
$
$
$
AMOUNT
Page 1 of 2
101116wsa HC BOC Page 54
Communications/Data Processing
Postage/Freight/Deliveries
Printing/Advertising
Repa irs /Maintenance/Utilities
Contracted SeNices
Other SeNices
SUPPLIES & MATERIALS
General Administrative Supplies
Other Administrative Expenses
FIX ED CHARGES & EX PE NSES
Ren t/Leases
Insurance/Bonding
Other Fixed Charges/Expenses
CAP ITAL OUTLAY
$
$
$
$
$
$
$
$
$
$
$
Office Equipment $
Office Furniture $
Building/Other Structures/Improvements $
Land $
Motor Vehicles $
Other Capital Outla y $
GRANTS
Grants to Other Entities (Sub-Awards) $
DEBT SERVICE
Principal Payments
Interest Payments
OTHER EXPENDITURES
Other E xpenditures
TOTAL BUDGETED EXPENDITURES
$
$
$
$(GRANT AWARD AMOUNT)
W ith regard to the information contained herein , I certify that the annu al budget has been approved by the Recipient's Chief
F isca l Officer, County Manager or City Manager.
Signature
Printed Name
OSBM L GU -Attachment C
Effective 8/2016
Date
Title
Page 2 of 2
101116wsa HC BOC Page 55
Attachment D
Iran Dives t ment Act Certification
Pursuant to G.S. 147-86.59, any person identified as engaging in investment activities in Iran , determined by appearing
on the Final Divestment List created by the State Treasurer pursuant to G.S. 147-86.58, is ineligible to contract with the
State of North Carolina or any political subdivision of the State. The Iran Divestment Act of 2015, G.S. 147-86.55 et seq.'
requires that each vendor, prior to contracting with the State certify , and the undersigned on behalf of the Vendor does
hereby certify , to the following :
1. that the vendor is not identified on the Final Divestment List of entities that the State Treasurer has determined
engages in investment activities in Iran;
2. that the vendor shall not utilize on any contract with the State agency any subcontractor that is identified on the
Final Divestment List ; and
3. that the undersigned is authorized by the Vendor to make this Certification .
Name o f Ven dor:
Address of Vendor: ---------------------
Signature Date
Printed Name Title
The State Treasurer's Final Divestment List can be found on the State Treasurer's website at the address.
https ://www nctreasurer com/ins ide-the-department/OpenGovernment/Pages/l ran -D ives tment-Ac t-Resources aspx
and will be updated every 180 days. For questions about the Department of State Treasurer's Iran Divestment
Policy , please contact Meryl Murtagh at Meryl.Murtagh@nctreasurer.com or (919) 814-3852 .
• Note: Enacted by Session Law 20 15-1 18 as G.S. 143C-55 et seq ., but has been renumbered for cod ifi cation at the
direction of the Revisor of Statutes .
OSBM NGO -Attachment E
Effective 8/2016
Page 1 of 1
101116wsa HC BOC Page 56
Section 7. The Performance Pay Plan
The purpose of the Performance Pay Plan is to give Harnett County employees a way in
wh ich to earn additional pay increases following the 3/5 plan throughout their career in
Harnett County. This plan is intended to serve as a tool that will increase the County's
ability to hire and retain qualified employees by allowing employees to earn higher
wages after their fifth year of employment with Harnett County, provided they receive
satisfactory performance reviews.
At the conclus ion of the 3/5 plan for their current position , employees will be eligible to
earn a percent increase every three years based on their annual performance reviews
during that period . Earned increases will be given every three years after year 5 {so
after years 8 , 11 , 14, 17, 20 , 23 , 26, 29, 32 , 35, etc.). These years will be known as
"Performance Pay Plan Milestones."
An employee's performance review for each year of the three-year cycle will account for
a third of the overall increase. Employees who receive an overall score on their annual
performance review of "Meets Expectations" or above will receive the increase amount
for that year while employees who receive a score lower than "Meets Expectations" will
not receive the increase amount for that year.
For example, if an employee earns "Meets Expectations" or above on their annual
performance review in each of the three years in the cycle, they will receive the full
increase amount after the third year. If they earn "Meets Expectations" or above in just
two of the three years in the cycle, they will receive two-thirds of the increase amount
after the third year. If they earn "Meets Expectations" or above in one of the three years
in the cycle, they will receive one-third of the increase amount after the third year.
In cases where, at plan implementation, an employee is between two Performance Pay
Plan Milestones , they will receive credit for any performance reviews within their current
three-year cycle which would have taken place prior to their current year. For any years
left in the employee's three-year cycle when the plan is implemented , whether or not an
employee receives the increase for those years will depend on their annual
performance reviews.
Earned increases will be effective on the employee's anniversary (hire) date every third
year after their fifth year in their current position . Employees will receive the increase
beginning on the next full pay period . Employees will only receive any increase they
earn during a three-year cycle at the corresponding Performance Pay Plan Milestone.
Employees must be active on the County's payroll on the payout date to receive an
increase . If an employee quits, is terminated or retires prior to the scheduled payout
date, the County is not obligated to pay any portion of the increase.
The amount of the three-year increase will be proposed by the County Manager and
approved by the Board of Commissioners as part of the budgeting process . The amount
101116wsa HC BOC Page 57
must be set for a three-year cycle with each year's performance review constituting a
third of the overall increase .
When the Performance Pay Plan goes into effect, current employees will fall into the
plan based on their years of employment with Harnett County in their current position.
This plan is not retroactive. Employees are eligible to receive increases for three-year
cycles only from the implementation date onward and not prior to implementation.
Eligibility for Annual Increase: For employees who have 26 or more years of
employment with Harnett County when the Performance Pay Plan goes into effect, they
will be eligible to receive a 1.5 percent annual increase based on their annual
performance review during the first three years of implementation . Employees who
receive an overall score on their annual performance review of "Meets Expectations" or
above , will receive the increase amount for that year while employees who receive a
score lower than "Meets Expectations" will not receive the increase amount for that
year. Earned increases will be effective on their employment anniversary date following
the performance review for which they are receiving the increase. After three years,
these employees will return to the three-year cycle .
• Eligibility will be determined based on an employee's years of experience with
Harnett County. Work experience outside of Harnett County shall not count
toward eligibility .
• This does not apply to employees who reach year 26 after the date of
implementation .
• If an employee meets the other qualifications to receive the annual increase, they
will remain eligible, even if they have been promoted and are within a 3/5 plan for
their current position.
• For sworn Law Enforcement Officers in the Harnett County Sheriff's Office ,
employees who have 21 or more years of employment with Harnett County when
the Performance Pay Plan goes into effect will be eligible for the 1.5 percent
annual increase based on their annual performance review during the first three
years of implementation . The guidelines are the same for these employees as
they are for other employees who are eligible for the annual increase at plan
implementation.
New Hires and Promotions: Employees who are hired or who receive a promotion
following implementation of the Performance Pay Plan will rece ive an "Experience Date"
based on qualified and relevant experience which will determine where they fall into the
Performance Pay Plan schedule . The Experience Date will determine when an
employee w ill be eligible for their next increase.
In cases where a newly hired or promoted employee is given an experience date that
falls between two Performance Pay Plan milestones , they will rece ive credit for any
performance reviews within their current three-year cycle which would have taken place
prior to their current year. For any years left in the current three-year cycle when the
101116wsa HC BOC Page 58
plan is implemented , whether or not an employee receives the increase will depend on
their annual performance reviews.
For example, an employee is eligible for an increase under the Performance Pay Plan
after years 11 and 14 . If a newly hired or promoted employee is given an experience
date of 12 years, they will be brought in at the salary that corresponds to an 11-year
employee, but would be eligible to receive their next increase after two years. For the
next increase , the employee would automatically receive credit for one of the three
years due to their experience date. Credit for the remaining two years would be based
on their performance reviews for those years.
In cases where a newly hired or promoted employee's salary, based on their experience
date, is higher than that of an existing employee with the same amount of experience,
the County Manager may address the issue on an individual basis.
Any situation that arises and is not covered by this policy will be reviewed by the Harnett
County Pay Plan Committee, which will make a recommendation to the County
Manager
101116wsa HC BOC Page 59
Fiscal Policy Guidelines
For:
Harnett
COUNTY -~=----------_...., NO RT H CA R O LI N A
Harnett County, North Carolina
Adopted : fY1 a y 7 , c2 Q IQ
1,pµrovt1d by the Harnett
,:;o:.m ly Board vf Commissioner•
!1~ cC}f . ~~ --,'-lte 5 -7~ , "j !/
C ~rk
101116wsa HC BOC Page 60
FISCAL POLICY GUIDELINES Harnett
Harnett County, North Carolina COUNTY
TABLE OF CONTENTS
Page
Objectives 2
Capital Improvement Budget Policies 3-4
Debt Policies 5
Reserve Policies 6
Budget Development Policies 7
Cash Management / Investment Policies 8-9
Enterprise Funds Policy 10-11
101116wsa HC BOC Page 61
FISCAL POLICY GUIDELINES
Harnett County, North Carolina
FISCAL POLICY GUIDELINES -OBJECTIVES
This fiscal policy will influence and guide the financial management practice of Hamett County,
North Carolina. A fiscal policy that is adopted , adhered to, and regularly reviewed is recognized
as the cornerstone of sound financial management. Effective fiscal policy:
• Contributes to the County's ability to insulate itself from fiscal crisis,
• Enhances short term and long term financial credit ability by helping to achieve
the highest credit and bond ratings possible,
• Promotes long-term financial stability by establishing clear and consistent
guidelines ,
• Directs attention to the total financial picture of the County rather than single
issue areas ,
• Promotes the view of linking long-run financial planning with day to day
operations, and
• Provides the County Staff, the County Board of Commissioners and the County
citizens a framework for measuring the fiscal impact of government services
against established fiscal parameters and guidelines.
• This policy will be reviewed periodically by County staff and any changes will be
approved by the Board of Commissioners.
To these ends, the following fiscal policy statements are presented .
2
101116wsa HC BOC Page 62
FISCAL POLICY GUIDELINES Harnett
Harnett County, North Carolina COUNTY
;tc; ••
CAPITAL IMPROVEMENT BUDGET POLICIES
1. It is the responsibility of the County Board of Commissioners to provide for the
capital facilities necessary to deliver municipal services to the citizens of the
County, as well as facilities for the Harnett County Public Schools and the
Central Carolina Community College system.
2 . The County will consider all capital improvements in accordance with an adopted
Capital Improvement Plan.
3. The Capital Improvement Plan is inclusive of Capital Improvements
(renovations), Capital Replacement (vehicles and heavy equipment) and Major
Capital Projects (new buildings).
4. The County will develop a five-year Capital Improvement Plan and review and
update the plan annually. The Harnett County Public Schools and the
Community College System will submit their respective five-year capital
improvement requests annually and will provide a prioritization for the
improvements within their request for the County Commi ssioner 's review.
5 . The County will enact an annual capital budget based on the five-year Capital
Improvement Plan, while considering changes in population, changes in real
estate development, or changes in assumptions in the capital budget projections.
6. The County, in consultation with the Harnett County Public School and
Community College Systems, will coordinate development of the capital
improvement budget with development of the operating budget. Future operating
costs associated with new capital improvements will be projected and included in
operating budget forecasts.
7. The Capital Improvement Plan will include the estimated costs for the County to
maintain all County, Public School and Community College assets at a level
adequate to protect the public's welfare and safety , the County's capital
investment and to minimize future maintenance and replacement costs. A
maintenance and replacement schedule will be developed and followed based
upon these estimates.
3
101116wsa HC BOC Page 63
FISCAL POLICY GUIDELINES
Harnett County, North Carolina
8. The County, in consultation with the Harnett County Public School and
Community College Systems, will identify the estimated costs and potential
funding sources for each capital project proposal before it is submitted for
approval.
9. The County will pursue the most cost effective financing consistent with prudent
financial management.
4
101116wsa HC BOC Page 64
FISCAL POLICY GUIDELINES
Harnett County, North Carolina
DEBT POLICIES
1. The County will confine long-term borrowing to capital improvements or projects
that cannot be financed from current revenues except where approved justification
is provided .
2 . The County will take a balanced approach to capital funding utilizing debt
financing , capital reserves and pay-as-you-go funding that will provide the least
financial impact on the taxpayer. Pay-as-you-go funding will come from budgeted
appropriations.
3. When the County finances capital improvements or other projects by issuing
bonds or entering into capital leases, it will repay the debt within a period not to
exceed the expected useful life of the project. Target debt ratios will be annually
calculated and included in the review of financial trends.
4. Net debt as a percentage of estimated market value of taxable property shall not
exceed 2 .5%. Net debt is defined as any and all debt that is tax-supported.
5 . Debt Service expenditures as a percent of total governmental fund expenditures
should not exceed 15.0%. Should this ratio exceed 15%, staff must request an
exception from the Board of Commissioners stating the justification and expected
duration of the policy exception.
6. The County will retire tax anticipation debt, if any, annually and will retire bond
anticipation debt within six months after completion of the project.
7. Payout of aggregate outstanding tax-supported debt principal shall be no less than
50.0% repaid in 10 years.
5
101116wsa HC BOC Page 65
FISCAL POLICY GUIDELINES
Harnett County, North Carolina
RESERVE POLICIES
Im'!==~ Harnett
COUNTY -----".
I. Available fund balances as defined in GS-159 at the close of each fiscal year
should be at least 15% of the Total Annual Operating Budget. If the County is
not in compliance with this policy at the time the Fiscal Policy Guidelines are
adopted, the County will strive to be in compliance within a 36 month period.
The County Board may, from time-to-time, utilize fund balances that will reduce
available fund balances below the 15% policy for the purposes of a declared fiscal
emergency or other such global purpose as to protect the long -term fiscal security
of Hamett County. In such circumstances, the Board will adopt a plan to restore
the available fund balances to the policy level within 36 months. If restoration
cannot be accomplished within such time period without severe hardship to the
County, then the Board will establish a different but appropriate time period.
2. Monies in excess of 15% available fund balance will be transferred to a Capital
Reserve Fund.
6
101116wsa HC BOC Page 66
FISCAL POLICY GUIDELINES
Harnett County, North Carolina
BUDGET DEVELOPMENT POLICIES
I. The Budget Process will be compliant with the North Carolina Local Government
Budget and Fiscal Control Act.
2 . One-time or other special revenues will not be used to finance continuing County
operations but instead will be used for funding special projects.
3. The County will pursue an aggressive policy seeking the collection of current and
delinquent property taxes, utility, license, permit and other fees due to the County.
4. County staff will generate reports that show actual revenues and expenditures
compared to the budget and will present this to the County Board on a monthly
basis.
5. Budget amendments will be brought to the County Board for consideration as
needed.
7
101116wsa HC BOC Page 67
FISCAL POLICY GUIDELINES .119!!~• Harnett
Harnett County, North Carolina COUNTY
, .·.
CASH MANAGEMENT/ INVESTMENT POLICIES
I. It is the intent of the County that public funds will be invested to the extent
possible to reduce the dependence upon property tax revenues. Funds will be
invested with the chief objectives of safety of principal , liquidity, and yield, in
that order. All deposits and investments of County funds will be in accordance
w ith N.C.G.S . 159 .
2 . Up to one-half (50%) of the appropriations to Non-County Agencies and to non
debt-supported capital outlays for County Departments can be encumbered prior
to December 31 . Any additional authorization shall require the County Manager's
written approval upon justification. The balance of these appropriations may be
encumbered after January 1, upon a finding by the County Manager that there is a
reasonable expectation that the County 's Budgeted Revenues will be realized.
3. The County will use a Central Depository to maximize the availability and
mobility of cash for all funds that can be legally and practically combined .
4. Cash Flows will be forecasted and investments will be made to mature when
funds are projected to be needed to meet cash flow requirements.
5. Liquidity: No less than 20% of funds available for investment will be maintained
in liquid investments at any point in time .
6 . Maturity: All investments will mature in no more than thirty-six (36) months from
their purchase date.
7 . Custody: All investments will be purchased "payment-verses-delivery" and if
certificated will be held by the Finance Officer in the name of the County. All
non-certificated investments will be held in book-entry form in the name of the
County with the County 's third party Custodian (Safekeeping Agent).
8. Authorized Investments: The County may deposit County Funds into: Any Board
approved Official Depository, if such funds are secured in accordance with
NCGS-159 (3 1 ). The County may invest County Funds in: the North Carolina
Capital Management Trust, US Treasury Securities, US Agency Securities
specifically authorized in GS-159 and rated no lower than "AAA", and
Commercial Paper meeting the requirements of NCGS-159 plus having a national
bond rating.
9. Diversification: No more than 5% of the County's investment funds may be
invested in a specific company 's commercial paper and no more than 20% of the
County's investment funds may be invested in commercial paper. No more than
8
101116wsa HC BOC Page 68
FISCAL POLICY GUIDELINES
Harnett County, North Carolina
25% of the County 's investments may be in v ested in any one US Agency 's
Securities .
I 0 . Allocation: Investment income will be allocated to each participating fund or
account based on a fair and equitable formula determined by the Finance Director.
9
101116wsa HC BOC Page 69
FISCAL POLICY GUIDELINES Harnett
Harnett County, North Carolina COUNTY
~l ~!f'· ~ ~ i1.R(1• :·.'
ENTERPRISE FUNDS
The County maintains Enterprise Funds (primarily water and wastewater) that are self-sustaining
for both operational and capital purposes. The Enterprise Funds will adhere to the County' Fiscal
Policy with any exceptions being reported in this section.
• These policies will allow for orderly expansion of services and to allow operation
within the financial framework insuring efficiency while providing necessary
services.
• They promote long-term financial stability.
• They insure the future viability of the system while providing for predictable and
reasonable rate increases.
Budget Policies:
• Enterprise Funds will develop a multi-year capital improvement plan, which will be
reviewed and updated annually.
• Any improvements required to meet new regulatory requirements or to meet changes
in the service demands will be included in either the capital improvement plan or the
annual budget request.
• Service rates will be reviewed annually as part of the budget process.
• Service rates will be adjusted as needed to provide adequate funding for the proper
operation, maintenance, and expansion of the system.
• Service rates will be adjusted as necessary to meet bond covenants, debt service
obligations, and Adopted Financial Policy Guidelines.
Debt Policies :
• The Enterprise Fund is responsible for setting rates and charges at such a level which
maintains the "self-supporting" nature of the fund.
• The County will target a minimum amount of equity funding of 10% of the Enterprise
Fund capital improvement plan on a five-year rolling average.
• The Enterprise Fund will comply with all applicable bond covenants.
10
101116wsa HC BOC Page 70
FISCAL POLICY GUIDELINES Harnett
Harnett County, North Carolina COUNTY
• The Enterprise Fund will maintain a debt service coverage ratio as defined by the
General Indenture of the Enterprise System Revenue Bonds. These minimum
requirements are summarized to be:
o l .20x debt service coverage on Parity Indebtedness (Revenues for this measure
may include 20% of the balance in the Surplus Account at the end of the
preceding Fiscal Year)
o l .OOx debt service coverage of Parity Indebtedness, General Obligation
Indebtedness, Subordinate Indebtedness, Other Indebtedness, and any amount
due to the Qualified Reserve Fund or Qualified Reserve Fund Substitute.
Reserve Policies:
• The County has adopted a comprehensive strategy for the long-term stability and
financial health of each Enterprise Fund that provides for annual increases in fund
reserves to an established goal of 50% of operating and maintenance expenses.
11
101116wsa HC BOC Page 71
HARNETT COUNTY BOARD OF COMMISSIONERS
RESOLUTION
CAPITAL OUTLAY THRESHOLD
WHEREAS , Kimberly Honeycutt, Finance Officer for Harnett County request the Capital
Outlay threshold be changed from $5,000.00 to $10,000.00
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Hamett County
that effective July 1, 2016 that the Capital Outlay threshold be changed from $5,000.00 to
$10,000.00.
ADOPTE D this this 16th day of May, 20 16.
101116wsa HC BOC Page 72
HARNEIT COUNTY BOARD OF EDUCATION
William H. Morris, Chairman
Howard L. Penny, Jr .• Vice-Chairman
Vivian W. Bennett
James Ray Bryant
Roger Farina
Charles P. Bullock. Board Attorney
Stanley P. Williams 11, Superintendent
Dr. Nancy G. Holmes, Assistant Superintendent
Vera D. Jones. Assistant Superintendent
W. Brooks Matthews, Assistant Superintendent
Monica J. Thompson. Assistant Superintendent
Brookie B Ferguson, Interim Asst. Superintendent
HARNETT COUNTY SCHOOLS
OFFICE OF SUPERINTENDENT
RESOLUTION OF
THE HARNETT COUNTY BOARD OF EDUCATION
REQUESTING FUNDING FOR ADDITIONAL TEACHING POSITIONS
WHEREAS, the Hamett County Board of Education recognizes the need to increase student
achievement at our low performing schools; and
WHEREAS, on October 4, 2016, the Hamett County Board of Education approved a
resolution requesting funding for four (4) additional teaching positions from the Hamett County
Board of Commissioners;
NOW, THEREFORE, BE IT RESOLVED that the Hamett County Board of Education
appreciates the Board of Commissioners' willingness to work with the Board of Education to fund
additional teaching positions.
This resolution was duly considered and approved by the Hamett County Board of
Education at its meeting on October 4, 2016.
HARNETT COUNTY BOARD OF EDUCATION
P. 0. Box 1029, L/11/ngton, NC 27546 • Phone: 910-893-8151 • Fax: 910-893-8839 101116wsa HC BOC Page 73
Board Meeting
Agenda Item
MEETING DA TE: October 17, 2016
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Public Hearing-Proposed Text Amendment for accessory struct14reswithin
the front yard
REQUESTED BY: Mark Locklear, Director of Development Services
REQUEST:
Public Hearing:
Proposed Text Amendment
Harnett County Unified Development Ordinance
Article VI (General Development Standards)
Section 3.0 (Accessory Structures).
The Planning Department Staff recommended approval of the Text Amendment as the
benefits outweigh any potential inconvenience or harm to the community, particularly since
structures would be built to the NC Building Code as well as the front setback would be
maintained.
After a discussion at their September & October meetings, the Harnett County Planning
Board voted unanimously (4-0) to recommend approval of this proposed Text Amendment.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
C:\Use rs\gwh ee ler\AppData\Local\Microsoft\ Windows\lNetCac he\Content.Outlook\TPTE QC L V\ I OCCAgenda Form 16 _acc
essory stru ctures TA.doc Page I of2 101116wsa HC BOC Page 74
Harnett
TEXT AMENDMENT REQUEST FORM
(Internal)
COUNTY
NORTH CAROLINA
Planning Department
108 E. Front Street
P.O. Box 65, Lillington, NC 27546
Phone : (910) 893-7525 Fax: (910) 893-2793
Planning Board: October 3, 2016 County Commissioners: October 17, 2016
Applicant Information
Applicant:
Name: Harnett County Development Services/
. ------------Address: 108 E Front St
City/State/Zip: Lillington NC, 27546
E-mail:
Phone: 893-7525
Fax:
Type of Change
[2J New Addition 0Revision
Unified Development
Ordinance: Ordinance ------------
Current Text:
See attached
Article :
Proposed Text: (Attach additional sheets if necessary)
See attached
Reason for Requested Change:
VI Section : 3.0
To amend Harnett County's U.D.O. to allow certain accessory structures within the front yard.
Additional Information
A~er a discussion at their September & October meetings, the Harnett County Planning Board voted
unanimously (4-0) to recommend approval of this proposed Text Amendment.
Suggested Statement-of-Consistency: (Staff concludes that ... )
The requested Text Amendment is compatible with Harnett County regulatory documents, and the benefits
outweigh any potential inconvenience or harm to the community, particularly since structures would be
built to the NC Building Code as well as the front setback would be maintained. Therefore, it is
recommended that this Text Amendment request be APPROVED.
Page 1 of 1 101116wsa HC BOC Page 75
HARNETT COUNTY
NORTH CAROLINA
A RESO LU TION AMENDING THE
HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE
WHEREAS, the Board of Commiss ioners of Harnett County adopted the UDO on October 17,
2011 for the purpose of promoting the health , safety, and general welfare of the county residents;
and
WHEREAS , this ordinance was adopted under authority granted by the General Assembly of the
State of North Carolina, particularly G .S. 153A-340; and
WHEREAS , the UDO contains provisions for amending said ordinance and those provisions have
been followed ; and
WHEREAS , the Harnett County Planning Board has reviewed the amendments to the article s of
the UDO as listed below and recommends the adoption of the following amendments.
NOW, THE REFORE BE IT RESOLVE D BY THE BOARD OF COMMISSIONERS OF
HARNETT COUNTY, NORTH CAROLINA that Article VI "General Development Standards",
Section 3.0 "Accessory Structures" of the UDO sha ll be amended to read as indicated in
"Attachment".
"Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board 's Office .
Dul y adopted this 17th day of October, 2016 and effective upon adoption.
HARNETT COUNTY BOARD OF COMMISSIONERS
Jim Burgin, Chairman
ATTE ST:
Margaret Re g ina Daniel, Cl erk to the Board
101116wsa HC BOC Page 76
Board Meeting
Agenda Item
MEETfNG DATE: October 17, 2016
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Public Hearing-Proposed Zoning Western Harnett Overhills Area PTO
REQUESTED BY: Mark Locklear, Director of Development Services
REQUEST:
Public Hearing:
Proposed Zoning Change: Case# RZ-16-381
Landowner/Applicant: Western Harnett Overhills Area PTO, Inc.; 0.25 acres (1.08 total),
Pin #9568-65 -7627; From RA-20R to Commercial; 3793 Olivia Rd SR 1205; Barbecue
Township.
The Planning Department Staff recommended approval of the request to rezone .25 acres
from RA-20R to Commercial. Staff concluded it would not have an unreasonable impact on
the surrounding community based on the Land Use Plan as well as existing Commercial use.
After a very breif discussion the Harnett County Planning Board voted unanimously ( 4-0) to
recommend approval.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
C :\Users\gwheeler\AppData\Local\Microsoft\ Windows\INetCache\Content.Outl ook\TPTEQCL V\ I OCCAgendaF orm 16 _PT
O.doc Page I of I 101116wsa HC BOC Page 77
APPLICATION FOR ZONING CHANGE
Harnett
Planning Department
108 E. Front Street
COUNTY P.O. Box 65, Lillington, NC 27546
Phone: (910) 893-7525 Fax: (910) 893-2793
Total Fee:
Receipt:
Permit:
Hearing Date:
Applicant Information
Owner of Record:
Name: a;,,·r:.1-eT fih1c.h t:.
Applicant:
Address: e · e ~ ~ ve.1-, I I r ,-e,,~ t1JO llii..fT
Name: { leJit1--1t l/t.£-11 'Jt at1,1-/,,/(; /J..,-.:,,.. J~t 7/i,ff 5t~<
Address: b1 fh.,-,;"' r-etDow;/11-s · l{lttwt, P~a-
City/State/zip: Pd 1<;1 N-1,? 1, o L, k, ,_, /'K . .l..f: ')bf°
E-mail:.'1'.hhd,i!Yi 19~~-a 7 ,m,·tl ,ll./m
City/State/Zip : PQt3c1 J. 1f. 01,·v ... rvc: .;S>JL..5' .S fol-<!.
E-mail: an /,de~-!t.i '3~' fa f mu, f , '"fh
Phone: 91 7 . 'tt'1 -4 ffJ Phone: lJl'f-4 '15-Lf:I s·<>
Fax : },t;·-4-'11· 4-/!J-:J-
Property Description
PIN(s): ~f4S-£~' f6 10 .. 000
Address/SR No.: Ot,v ,1!. fd. 5 I< /Ju.)-
Fax: 11 •; -4--'l <'t · 'f: u -:z: I
Acreage: Acres
Directions from Lillington: 7&:--Nc. .1-l fr L, 1/ ,p,.,· /:1,,, le /{wy t7. fi'.lte ,..,i/J t, ji; ~F11-s't. J hr7L,'i1Ji tJh.-.11
I; v,,,,,, __ itt1-/I L,f f ,~i , .. >''t-. ;JnJJc:.~l:7 1-"dj <,J/l)' f'r-<"HA'i:-f>'ro12,-.,,./c,-67 ... Leu
Deed Book:
Plat Book:
Ex i sting Zoning:
D Conservation
0 RA-20M
~ RA-20R
0 RA -30
0 RA-40
D Commercial
0 Light Industrial
D Industrial
D Office & Inst'I
Attachments
Page: 1; Y-'> Jt.,
Page: J. 7/
Requested Zoning:
D Conservation
0 RA-20M
0 RA-20R
0 RA-30
0 RA-40
129 Commercial
D Light Industrial
D Industrial
D Office & Inst'I
Township:
D (01) Anderson Creek
D (02) Averasboro
fi(] (03) Barbecue a..-.l
0 (04) Black River
D (OS) Buckhorn
D (06) Duke
• Written description of property from recorded deed
D (07) Grove
D (08) Hectors Creek
[RI (09) Johnsonville
0 (10) Lillington
D (11) Neill's Creek
D (12) Stewart's Creek
D (13) Upper Little River
• Recorded map of property at scale of not less than one (1) inch = 200 feet
• Explanation of why the zoning change is requested, addressing applicable portions of Article XIV of
theZoningOrdinance/r, 01--dcl-7:'o a,JJ till rdJ,'t:,i;n cf! 4D~NJ to p 1-er.c4't b&<,lcl,117
Signatures
The undersigned applicant hereby certifies that, to the hest of his or her knowledge and belief, all
information supplied with this application is tf~e an,d_ accurate:
/J.uti.n--)(o t, ()~ ()u",/'_I (J .Lttef!A4u.
{'l '21. ~ • '. ~1UI\. ,r?,u.,. (/. _ J Prop y Owner Si ature Date Authorized Agent Signature Date
Page 1 of 2 APPLICATION FOR Z ONING CHANGE
101116wsa HC BOC Page 78
HARNETT COUtJTY TAX ID#
Y/lz/11.r sv m r
1 I
NON
FOR REGISTR ATION
Ki mb e rly S . Hargrov e
REGISTER OF DEEDS
Harnett County.I. NC 2016 SEP 12 01 :0~:06 PM
BK :3437 PG :315-316
FEE :$26 .00
INSTRUMENT~ 2016013043
TUESTER
NORTH CAROLINA ~ WARRANTY DEED
Excise Tax :
Parcel Identifier No . -------Verified by------County on the __ day of _______ , 20_
By: __________ _
Mail/Box to : Western Hamett OvP.rhills Area PIO Thrift Store, PO Box 271, Olivia ,NC 28368
This instrument was prepared by: .Margaret H. I:ouglas -Altman
Briefdescnption for the /nde.x· Parcel D 3793 Olivia Rd., Sanford , NC 27332
TH IS DEED made this __ _,,,l=O..::th=-----------day of September , 20!&_, by and between
GRANTOR
MARGAREI' H. OOUGIAS-AL'IMAN, Trustee for the
Wesley A. I:ouglas and Margaret H. I:ouglas
Revocable Living Trust
PO Box 36
Olivia, NC 28368
GRANTEE
WE.STERN HARNETT OVERHIUS ARFA PTO
THRIFT S'IORE, INC .
P. 0. Box 27)
Sanford , NC 27332
Enter m appropriate block for each pan y: name, address, and, 1f appropriate, character of entity, e.g . corporation or par tnership.
The designation Granter and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include
s ingular, plural, masculine, feminme o r 1euter as required by context.
WITNESSETH, that the Granter, for a v.J luable consideral!On paid by the Grantee, the receipt of which is hereby acknowledged, has
and by these presents does grant , bargam, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land s ituated in
the City of , Johnsonville/BarbecueTownship, Harnet t Coumy,
North Carolina and more particularly de scnbed as follows:
Being all of Parcel Das shown on rre.p prepared by Melvin A. Graham, PIS for 11 Hes1;@:!lru..1.
Harnett OVerhills Area P'IO Thrift Store" dated August 31, 2016 and recorded in -P!a~/"--M"'
easinot ""2o l Co , St±de 2 t \ , Harnett County Registry and being a :i;::ortion of the
Wesley A. r::ouglas Trustee Property recorded in Deed Book 2015, Page 681, Harnett
County Registry
The property heremabove described was acquired by Grantor by instrument recorded m Book2_0_1_5 ___ page _6_8_1 ___ _
A map shbwmg the above described pro 1>erty 1s recorded in Plat Book ______ page ____ _
NC Bar Association Form No. 3 © 1976 . Revised © 1977, 2002
Printed by Agreement with the NC Bar ,\ssociation -1981
'"" James Williams & Co., Inc .
www.JamesWilliams.com
101116wsa HC BOC Page 79
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Harnett
COUNTY
~O, d,OtiN,
REZONING STAFF REPORT
Case : RZ-16-381
Jay Sikes, Mgr. of Planning Services
jsikes@harnett.org
Phone : (910) 893-7525 Fax: (910) 814-8278
Planning Board: October 3, 2016 County Commissioners: October 17, 2016
Requesting rezoning from RA-20R to Commercial
Applicant Information
Owner of Record:
Name: Western Harnett Overhills Area PTO Thrift
Store
Address: PO Box 271
City/State/Zip: Olivia, NC 28368
Property Description
PIN(s): 9568-65-7627
Applicant:
Name: Western Harnett Overhills Area PTO
Thrift Store; represented by Margaret
Douglas Altman
Address : PO Box 271
City/State/Zip : Olivia, NC 28368
Acreage: .25 acres
(1.08
total)
Address/SR No .: _3.c.._7_;:9_;:3_0.c...1---'iv---'ia~Rd.;c.__ _______________________ _
Township:
D (01) Anderson Creek
D (02) Averasboro
C8J (03) Barbecue
D (04) Black River
Vicinity Map
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Page 1 of 5
I
D (05) Buckhorn
D (06) Duke
D (07) Grove
D (08) Hectors Creek
Ol
~
~ Ill
,--
D (09) Johnsonville
D (10) Lillington
D (11) Neill's Creek
D (12) Stewart's Creek
D (13) Upper Little River
z
0
Cit ...
z
0
Cit ...
STAFF REPORT
101116wsa HC BOC Page 81
Aerial Photograph
Services Available
Water:
cg] Public (Harnett County)
D Private (Well)
D Other: Unverified
Sewer :
D Public (Harnett County)
cg] Private (Septic Tank)
D Other: unverified
Zoning District Compatibility
,~
-.. ~
OLMA
Cl
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Zoning Map
Page 2 of 5
Site Description: Site is currently occupied by a
the PTO Thrift Store . The applicants obtained
more land for an expansion, thus the
Commercial rezoning request .
Surrounding Land Uses: Surrounding land uses
include several commercial entities, residential
homes, and undeveloped land .
Transportation :
Annual Daily Traffic Count: 180 VTD on
Seawell Rosser Rd .
Site Distances: Good
Th e follo wing is a s ummary list of g e neral uses,
for a ctual oermitted uses refer to the Zonina Ordinance.
CURRENT REQUESTED
RA -20R COMM
Parks & Re c X X
Natura l Preserves X X
Bona Fide Farms X
Sinale Familv X
Manufactured Homes,
De sian Reaulated
Manufactured Homes X
Multi-Familv X
Institutional X
Commercia l Services X
Retail X
Who le sale
Industrial
Manufacturina
STAFF REPORT
101116wsa HC BOC Page 82
L an dU se Cl .,. ass, ,ca t· 10n C ompa I I I :\'
ZONING LAND USE
.---COMM RON
Parks & Rec X X
Natural Preserves X
Bona Fide Farms
OlMA Single Family X
Rlllltewo,,,q,,..ittldt
Manufactured Homes,
Design Regulated
Manufactured Homes
Multi-Family X
Institutional X X
Commercial Services X X -Retail X X
It Wholesale Ill
~ Industrial
~~ It Manufacturing
J
J
i
Ill r,
Future Land Use Map
Additional Information
On October 3rd, the Harnett County Planning Board voted unanimously (4-0) to recommend approval of
this Rezoning application based on existing uses & adjacent zoning.
Evaluation
~ Yes D No The IMPACT to the adjacent property owners and the surrounding community is
reasonable, and the benefits of the rezoning outweigh any potential inconvenience or
harm to the community.
REASONING: The impact to the adjacent community is reasonable, as many of the existing uses
located in the vicinity of the site are of a commercial nature, including several convenience stores
and a post office.
~ Yes D No The requested zoning district is COMPATIBLE with the existing Land Use Classification.
REASONING: The existing land use classification, Rural Center Development Node, is meant to
encourage development with a community focus including neighborhood business and small lot
residential development. Therefore, the request is compatible with the existing land use
classification.
~ Yes D No The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The proposal enhances the general welfare of the public, as the proposed zoning
district will allow for the use of the property in the same manner as the area is already
developing .
D Yes ~ No The request is for a SMALL SCALE REZONING and should be evaluated for
reasonableness
REASONING: The subject property is immediately adjacent to Commercial zoning therefore does
not need to be evaluated for a small scale rezoning.
Suggested Statement-of-Consistency (Staff concludes that ... )
The requested rezoning to COMMERCIAL is compatible with Harnett County regulatory documents and
would not have an unreasonable impact on the surrounding community and will enhance the public health,
safety, and general welfare for the reasons stated in the evaluation. It is recommended that this rezoning
request be APPROVED.
Page 3 of 5 STAFF REPORT
101116wsa HC BOC Page 83
Site Photographs
Subject property Subject property
Existing PTO store Property across street
Adjacent Site Road view toward s Hwy 87
Page 4 of 5 STAFF REPORT
101116wsa HC BOC Page 84
Standards of Review and Worksheet
The Planning Board shall consider and make recommendations to the County Board of Commissioners
concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning
Board concerning zoning districts and no proposed zoning district will receive favorable recommendation
unless:
0 Yes
0Yes
D Yes
0Yes
D Yes
0 No
D No
D No
D No
D No
A . The proposal will place all property similarly situated in the area in the same
category, or in appropriate complementary categories.
B. There is convincing demonstration that all uses permitted under the proposed district
classification would be in the general public interest and not merely in the interest of the
individual or small group.
C. There is convincing demonstration that all uses permitted under the proposed district
classification would be appropriate in the area included in the proposed change. (When
a new district designation is assigned, any use permitted in the district is allowable, so
long as it meets district requirements, and not merely uses which applicants state they
intend to make of the property involved.)
D. There is convincing demonstration that the character of the neighborhood will not be
materially and adversely affected by any use permitted in the proposed change.
E. The proposed change is in accordance with the comprehensive plan and sound
planning practices.
0 GRANTING THE REZONING REQUEST
Motion to grant the rezoning upon finding that the rezoning is reasonable based on All of the above
findings of fact A-E being found in the affirmative and that the rezoning advances the public interest.
0 DENYING THE REZONING REQUEST
Motion to deny the rezoning upon finding that the proposed rezoning does not advance the public interest
and is unreasonable due to the following:
D The proposal will not place all property similarly situated in the area in the same category, or in
appropriate complementary categories.
D There is not convincing demonstration that all uses permitted under the proposed district
classification would be in the general public interest and not merely in the interest of the
individual or small group.
D There is not convincing demonstration that all uses permitted under the proposed district
classification would be appropriate in the area included in the proposed change. (When a new
district designation is assigned, any use permitted in the district is allowable, so long as it
meets district requirements, and not merely uses which applicants state they intend to make of
the property involved.)
D There is not convincing demonstration that the character of the neighborhood will not be
materially and adversely affected by any use permitted in the proposed change.
D The proposed change is not in accordance with the comprehensive plan and sound planning
practices.
D The proposed change was not found to be reasonable for a small scale rezoning
Page 5 of 5 STAFF REPORT
101116wsa HC BOC Page 85
www.hiteassoc.com
SHAW TOWN SCHOOL RENOVATION COST PROJECTION -1949 BUILDING
TOTALGSF 15,126
QUANTITY UNIT COST TOTAL
Site access improvements (NCDOT) not identified
Site utilities improvements (fireline , service for auto sprinkler) $ 50,000 .00 $ 50,000
Utility taps and service fees $ 5,000.00 $ 5,000
Parking and drives improvements none considered
Landscaping 1 $ 8,000 .00 $ 8,000
Handicap access improvements to building -walks 300 $ 7.50 $ 2,250
Handicap access improvements to building -ramps with rails $ 30 .00 $
Hazardous material abatement not identified
Parking lot and drives lighting none considered
Booster pump (assumed NOT necessary) $ 25,000 .00 $
Window replacement 2,880 $ 60.00 $ 172,800
Roof repairs none considered
Roof insulation (closed cell foam with intumescent) 17,000 $ 3.75 $ 63,750
Floor insulation (closed cell foam with intumescent) 15,126 $ 3.75 $ 56,723
Selective demolition (gen const, MEP) 15,126 $ 2.00 $ 30 ,252
Exterior wall furring and insulation 13,000 $ 4.00 $ 52,000
Flooring -refinish / repair/ replace 15,126 $ 5.00 $ 75,630
Existing wood doors and frames repair or replace 25 $ 150.00 $ 3,750
New exterior doors and frames with hardware 8 $ 1,000.00 $ 8,000
New interior door hardware 25 $ 225.00 $ 5,625
Painting 15,126 $ 3.50 $ 52,941
Demo and reconstru ct all restrooms 1,000 $ 150.00 $ 150,000
New cabinets / casework NIC labs 9 $ 5,000.00 $ 45,000
Laboratory casework 4 $ 45,000.00 $ 180,000
Window blinds 2,880 $ 7.00 $ 20 ,160
Markerboards / tackboards 13 $ 1,500.00 $ 19,500
Toilet accessories 3 $ 1,000.00 $ 3,000
Signage $ 2,500.00 $ 2,500
Interactive whiteboards ("Smartboards") 13 $ 2,500.00 $ 32,500
Plumbing -complete replacement 15,126 $ 6.00 $ 90,756
Auomatic fire sprinker system 15,126 $ 4 .00 $ 60,504
HVAC -complete replacement 15,126 $ 27 .00 $ 408,402
Electrical -complete replacement including fire alarm 15,126 $ 18.00 $ 272,268
Technology infrastructure -complete replacement 15,126 $ 5.00 $ 75,630
SUBTOTAL $ 1,946,941
General Contractor overhead, direct expense, insurance and bonds , profit @ 20% $ 389,388
TOTAL CONSTRUCTION $ 2,336,329 $ 154.46
Market contingency @ 3% $ 70,090
Construction contingency @ 3% $ 70,090
A/ E / Const Admin Fees @ 7% $ 163,543
PROJECT TOTAL , LESS FURNITURE, COMPUTERS, AND LOOSE EQ UI PMENT $ 2,640,051
10/4/2016 Hamett -SHAW TOWN SCHOO L RENOVATION S.xlsx
101116wsa HC BOC Page 86
www.hiteassoc.com
SHAW TOWN SCHOOL RENOVATION COST PROJECTION -1956 BUILDING
TOTAL GSF 22,148
QUANTITY UNIT COST TOTAL
Site access improvements (NCDOD not identified
S ite utilities improvements (fireline, service for auto sprinkler) $ 50,000.00 $ 50,000
Utility taps and service fees $ 5,000.00 $ 5,000
Parking and drives improvements none considered
Landscaping 1 $ 8 ,000.00 $ 8 ,000
Handicap access improvements to building -walks 100 $ 7 .50 $ 7 50
Handicap access improvements to building -ramps with rails 400 $ 30.00 $ 12,000
Hazardous material abatement not identified
Parking lot and drives lighting none considered
Booster pump (assumed NOT necessary) $ 25,000.00 $
Window replacement 3,648 $ 60.00 $ 218,880
Roof repairs none considered
Roof insulation (closed cell foam with intumescent) 22,148 $ 3 .75 $ 83,055
Floor insulation (closed cell foam with intumescent) 22,148 $ 3 .75 $ 83,055
Selective demolition (gen const. MEP) 22,148 $ 2.00 $ 44,296
Exterior wall furring and insulation $ 4.00 $
Flooring -refinish I repa ir I replace 22,148 $ 5 .00 $ 110,740
Existing wood doors and frames repair or replace 25 $ 150.00 $ 3 ,750
New exterior doors and frames with hardware 8 $ 1,000.00 $ 8,000
New interior door hardware 25 $ 225.00 $ 5 ,625
Painting 22,148 $ 3 .50 $ 77,518
Demo and reconstruct all restrooms 1,000 $ 150.00 $ 150,000
New cabinets I casework NIC labs 14 $ 5 ,000.00 $ 70,000
Window blinds 3 ,648 $ 7 .00 $ 25,536
Markerboards I tackboards 14 $ 1,500.00 $ 21 ,000
Toilet accessories 3 $ 1,000.00 $ 3 ,000
Signage 1 $ 2 ,500.00 $ 2 ,500
Interactive whiteboards ("Smartboards") 14 $ 2 ,500.00 $ 35,000
Plumbing -complete replacement 22,148 $ 6.00 $ 132,888
Auomatic fire sprinker system 22,148 $ 4.00 $ 88,592
HVAC -complete replacement 22,148 $ 27.00 $ 597 ,996
Electrical -co mplete replace ment including fire alarm 22,148 $ 18.00 $ 398,664
Technology infrastructure -complete replacement 22.148 $ 5 .00 $ 110,740
SUBTOTAL
G eneral Contractor overhead, direct expense. insurance and bonds, p rofit @ 20%
TOTAL CONST RUCTION
Market contingency @ 3%
Construction contingency @ 3%
A I E / Const Admin Fees @ 7%
PROJECT TOTAL, LESS FURNITURE, COMPUTERS, AND LOOSE EQUIPMENT
$
$
$
$
$
$
$
2 ,346,585
469,31 7
2 ,815,902 $ 127.14
84,477
84,477
197,113
3 ,181 ,969
10/4/2016 Hamett -SHAW TOWN SCHOOL RENOVATIONS.xlsx 101116wsa HC BOC Page 87
BOONE TRAIL HIGH SCHOOL RENOVATION COST PROJECTION
Lower level (cafeteria) 6 ,177
Main Floor 17,738
Second Floor 13,217
TOTALGSF 37,132
QUANTITY UNIT COST TOTAL
Site access improvements (NCDOT) not identified
Site utilities improvements (fireline, service for auto sprinkler) $150,000.00 $ 150,000
Utility taps and service fees $ 30,000.00 $ 30,000
Parking and drives improvements none considered
Landscaping $ 2 0,000.00 $ 20,000
Handicap access improvements to building -walks 500 $ 7.50 $ 3 ,750
Handicap access improvements to building -ramps with rails 300 $ 30.00 $ 9 ,000
Demolition of ancillary buildings not identified
Hazardous material abatement not identified
Parking lot and drives lighting 16 $ 4,000.00 $ 64,000
Fire tank and booster pump (assumed necessary) $ 50,000.00 $ 50,000
Exterior wall repairs / masonry pointing and patch $ 25,000.00 $ 25,000
Window replacement 2 ,645 $ 75.00 $ 198,375
Roof repairs $
Roof insulation (closed cell foam with intumescent) 17,738 $ 3 .75 $ 66,518
Floor insulation (closed cell foam with intumescent) 11 ,000 $ 3 .75 $ 41 ,250
Selective demolition (gen const, MEP) 40,000 $ 5 .00 $ 200,000
Exterior wall furring and insulation 25,000 $ 4 .00 $ 100,000
R & R exterior wall trim 1 $ 20,000.00 $ 20,000
Flooring -refinish /repair / replace 40,000 $ 7.00 $ 280,000
Existing wood doors and frames repair or replace 75 $ 150.00 $ 11 ,250
New exterior doors and frames with hardware 22 $ 1,000.00 $ 22 ,000
New interior door hardware 75 $ 225.00 $ 16,875
Painting 37,132 $ 3.50 $ 129,962
Demo and reconstruct all restrooms 1 ,800 $ 150.00 $ 270 ,000
New cabinets/ casework NIC labs 14 $ 5,000.00 $ 70,000
Laboratory casework 9 $ 45,000.00 $ 405,000
Elevator 1 $ 120,000.00 $ 120 ,000
Window blinds 2 ,645 $ 7 .00 $ 18,51 5
Markerboards / tackboards 23 $ 1 ,500.00 $ 34,500
Toilet accessories 6 $ 1,000.00 $ 6 ,000
S ignage 1 $ 5 ,000.00 $ 5,000
Auditorium seat refurbishment 600 $ 100.00 $ 60,000
Stage curtain replacement 1 $ 25,000.00 $ 2 5,000
A utomatic roof vents over stage 4 $ 4 ,000.00 $ 16,000
Interactive whiteboards f'Smartboards") 23 $ 2 ,500.00 $ 57 ,500
Commercial kitchen equipment package w ith hood $ 400,000.00 $ 400,000
Plumbing -complete replacement 37 ,132 $ 6 .00 $ 222,792
Auomatic fire sprinker system 37,132 $ 3.00 $ 111,396
HV AC - complete replacement 37,132 $ 27.00 $ 1 ,002,564
Electrical -complete replacement including fire alanm 37,1 32 $ 18.00 $ 668,376
Technolo9~ infrastructure -comelete reelacement 37,132 $ 5 .00 $ 185,660
SUBTOTAL $ 5 ,116,283
General Contractor overhead, direct expense, insurance and bonds, profit@ 20% $ 1,023,257
TOTAL CONSTRUCTION $ 6 ,139 ,539 $ 165.34
Market contingency @ 3% $ 184,186
Construction contingency@ 3% $ 184,186
A / E / Const Admin Fees @ 7% $ 429,768
PROJECT TO TAL, L ESS FURNITURE, COMPUTERS , AND LOOSE EQUIPMENT $ 6 ,937,679
10/4/2016 BOONE TRA IL HIGH SCHOOL RENOV COST.xl sx
101116wsa HC BOC Page 88