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Home My WebLink About091817a Agenda PackageHARNETT COUNTY BOARD OF COMMISSIONERS County Administration Building 102 East Front Street Lillington, North Carolina Regular Meeting September 18, 2017 1. Call to order -Chairman Gordon Springle 7:00 pm 2. Pledge of Allegiance and Invocation -Commissioner Howard Penny 3. Consider additions and deletions to the published agenda 4 . Consent Agenda A . Minutes B. Budget Amendments C . Tax rebates , refunds and releases D. Hamett County Emergency Management Services requests approval of the EMS Emergency Response Vehicle Lease Agreement. This agreement is between the County of Hamett and the seven Hamett County EMS Departments for the EMS Medicaid Cost Settlement Program. E. County Engineer requests approval of the amendment of reimbursement with Campbell for the planning, design, and permitting services for the construction of the stadium sidewalks. The funding for the planning, design and permitting is entirely from a grant the County received that was to be used to reimburse Campbell for the cost of the construction of public roads adjacent to CU SOM. F. Proclamation Congratulating the Dunn Angels 10-Under All-Stars on Winning the 2017 Dixie Softball World Series Championship. G. Hamett Area Rural Transit (HARTS) requests approval of the NC DOT FY 18 5311 grant agreement in the amount of $368,074. County match is $56,338 included in the FY 17-18 approved budget. The grant covers both capital and administration costs associated with providing public transportation for the citizens of Hamett County. H. Hamett County Public Utilities requests authorization to apply for a $150,000 grant for the purpose of developing an asset management plan that will consist of a complete utility asset inventory to include the condition assessment of all critical assets. This grant requires a local 20% maximum match. I. County Engineer requests tentative award of the architectural service contract to Little Diversified Architectural Consulting for the new Government Complex and DSS Renovations. 5 . Special Presentation 6. Period of up to 30 minutes for informal comments allowing 3 minutes for each presentation Page 1 091817a HC BOC Page 1 7. Appointments 8. Harnett County Register of Deeds requests a hearing and consideration of a request to refund of excise on a deed mistakenly recorded in Hamett County. 9. Public Hearing -Proposed Zoning Change: Landowner/Applicant: Benjamin Lee Murray; 3.71+/-acres; Pin# 0651-97-5662 .000; From RA-40 to RA-30 Zoning District; SR# 1436 (Matthews Road); Neill's Creek Township, Mark Locklear, Development Services Manager 10. Public Meeting -Hamett County Anderson Creek Landfill Facility Future Expansion of C&D Landfill (Phase IV), Amanda Bader, County Engineer 11. Creation of a Youth Council in Harnett County, Triton High School Student Megan Pope 12 . Consideration of Contract and Agreement by and between the Town of Lillington and County of Harnett for exchange of real property tracts, County Attorney Dwight Snow 13. County Manager's Report -Joseph Jeffries, County Manager 14. New Bus ines s Harnett County Department of Public Health Activities -August 2017 Harnett County Veteran Services Activities Report -August 201 7 · Interdepartmental Budget Amendments 15. Closed Session 16 . Adjourn Page 2 091817a HC BOC Page 2 Agenda Item 4-A HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting September 5, 2017 The Harnett County Board of Commissioners met in regular session on Tuesday, September 5 , 2017, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Gordon Springle, Chairman Joe Miller, Vice Chairman Barbara McKoy, Commissioner Abe Elmore, Commissioner Howard Penny, Commissioner Joseph Jeffiies, County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Chairman Springle called the meeting to order at 9:00 am. A moment of silence was held in memory of Tom Steves. Commissioner McKoy led the Pledge of Allegiance and invocation. Chairman Springle called for additions or deletions to the published agenda. Commissioner Elmore moved to approve the agenda as published. Commissioner McKoy seconded the motion, which passed unanimously. Commissioner Elmore moved to approve the following items listed on the consent agenda. Vice Chairman Miller seconded the motion, which passed unanimously. 1. Minutes: August 21, 201 7 Regular Meeting 2. Budget Amendments: 55 Health Department Code 110-7600-441.11-00 Salaries & Wages 110-7600-441.58-01 Training 110-7600-441.58-21 Travel Contract 110-7600-441 .60-33 Materials & Supplies 110-0000-331.76-01 WIC 57 Cooperative Extension Code 110-7398-465.36-24 Materials & Supplies Ag Ventures 110-0000-399.00-00 Fund Balance appropriated 110-0000-344.12-00 Revenue Agriculture Programs 1,000 increase 162 increase 200 increase 300 increase 1,552 increase 1,500 increase 1,000 increase 5 00 increase September 5, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 4 091817a HC BOC Page 3 56 Health Department Code 110-7600-441.11-00 Salaries 110-7600-441.41-11 Telephone & postage 110-7600-441 .60-33 materials & supplies 110-7600-441.60-46 medical supplies 110-7600-441.60-47 food & provisions 110-0000-331.76-01 WIC 58 Sheriff Department Code 110-5100-420.58-01 Sheriff Training & Meetings 110-0000-354.11-00 Restitution 59 Transportation Code 110-4650-410.32-70 Capital Assistance TDP 110-8800-490.32-16 Contingency 110-0000-334.55-03 NC Transportation Capital 60 Transportation Code 110-4650-410.43-21 Operating Repair & Maintenance Auto 110-4650-410.60-31 Operating Gas 110-4650-410.60-33 Materials & Supplies 110-0000-334.55-02 Transportation EDT AP 110-0000-334.55-05 RGP Transportation 110-0000-334.77-04 Human Services Work First 62 Information Technology Fund Code 909-9809-410.44-21 Building Equipment and Rent 909-0000-353.98-11 Department Changes 63 Health Department Code 110-7600-441.33-45 Contracts 110-0000-334.76-12 STD Prevention 65 Administration Code 110-4402-410.60-33 Materials & Supplies 110-8800-490.32-16 Contingency 67 Library Code 110-8100-450.60-28 Computer Software 110-8800-490.32-16 Contingency 68 Education Code 110-8600-480.31-12 BOE Capital Outlay 110-8600-480.31-12 BOE Capital Outlay 110-00-389.43-26 Sales Tax Expansion Education 3,559 increase 1,200 increase 1, 197 increase 1,732 increase 100 increase 7,788 increase 692 increase 692 increase 91,016 decrease 9,101 increase 81,915 decrease 7,875 increase 7,876 increase 7,875 increase 10,882 increase 14,318 increase 1,574 decrease 900,000 increase 900,000 increase 592 increase 592 increase 10,000 increase 10,000 decrease 10,000 increase 10,000 decrease 73,520 increase 42,389 increase 115,909 increase September 5, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 4 091817a HC BOC Page 4 3. Resolutions to add roads to state system (Attachment 1 & 2) 4 . Resolution To Accept Legislative Contingency Funds for the Purpose oflnfrastructure Projects in the County (Attachment 3) 5. Harnett County Engineer requested approval of the Capital Project Ordinance for the Government Complex South and DSS Renovations totaling $1 ,755,000. This ordinance does not include funds for the construction phase of the project. 6. Harnett County Library requested approval to apply for annual state aid for $166,317 from NCDCR, the State Library. The State Library allocates a certain amount of funds each year for the local libraries intended to promote, aid and equalize public library services in North Carolina. There is no match required. 7. Harnett County Economic Development requested approval of corrections/changes to the Harnett County Economic Development Council Bylaws. 8. Harnett County Sheriffs Office requested approval of an amendment to the Detention Center Health Plan. The amendment contains a revised policy on the booking procedures for new inmates. The purpose of the policy is to evaluate persons who have been lawfully arrested or lawfully detained by local, state, or federal law authorities, or who have been committed to the facility by court order. The evaluation will determine the type of supervision the inmate will receive at the Detention Center. Chairman Springle opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. -Jerry Rivas of 362 Twin Ponds Road in Sanford talked about the late Tom Steves. -Lauren Hinton addressed the Board regarding a private property matter on Nutgrass Road. Attorney Snow clarified that the Board of Commissioners have no authority on the matter and suggested she may want to contact a civil attorney experienced in real estate matters. Vice Chairman Miller moved to approve the appointments listed below. Commissioner Elmore seconded the motion, which passed unanimously. Harnett County Library Board of Trustees Gloria Gulledge was appointed to serve as the City of Dunn's representative on this board for a term of 10 months expiring June 30, 2018. Jury Commission Edith Cox was reappointed to serve on this commission for a term of two years expiring June 30 , 2019. Staff briefly reviewed the new appo inting process in House Bill 248 for the Adult Care Home Community Advisory Committee and the Nursing Home Community Advisory Committee. September 5, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 4 091817a HC BOC Page 5 Valerie Gilchrist, JCI Senior Manager, gave a brief presentation about services provided by JCI. JCI is an entrepreneurial, private, nonprofit corporation dedicated to empowering people with disabilities or disadvantages to succeed through training and employment. Mrs. Gilchrist said they are currently serving 123 individuals through various programs. She also noted Sandhills Center funds two of their programs. Mr. Jeffries presented the following: Sandhills Center Quarterly Fiscal Report -June 30, 2017 Harnett County Financial Summary Report-July, 2017 Sales Tax Analysis by Article -May 2017 Mr. Jeffries noted the County had received a letter from the NC Office of Emergency Medical Services of the NC Department of Health and Human Services seeking specific concerns regarding any aspect of the Cape Fear Valley Medical Center's trauma program or related delivery of care as they consider Cape Fear's application for renewal designation as a Level III trauma center. Mr. Jeffries also sought direction from the Board regarding their upcoming September 12th work session. It was the consensus of the Board to invite the Board of Education to attend their September 26, 201 7 work session to present their master plan. Commissioner again asked that the Board of Education provide their plan, in writing, to commissioners prior to the work session. There was no new business. Commissioner McKoy moved that the Board go into closed session for consultation with the County's legal staff in order to preserve the attorney-client privilege concerning the handling of that claim or litigation entitled, "Anderson Creek Partners, et al vs County of Harnett" Hamett County File No. 17 CVS 363. This motion is made pursuant to N.C. General Statute Section 143-318.11 (a)(3). Commissioner Penny seconded the motion that passed unanimously. Vice Chairman Miller moved that the Board come out of closed session. Commissioner McKoy seconded the motion, which passed unanimously. Commissioner Elmore moved to adjourn the meeting at 9:59 am. Commissioner Penny seconded the motion that passed unanimously. Gordon Springle, Chairman Margaret Regina Wheeler, Clerk September 5 , 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 4 091817a HC BOC Page 6 ATTACHMENT 1 ~Harne tt COUNTY ------------------------------------. NORTH CAROLINA RESOLU TION BE IT RESOLVE D that the ,Harnett County Board of Commissioners does hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. ATTEST: stro ng root s • new grow th Olde Farm Village Subdivision Fawncreek Drive Hallow Oak Street HARNETT COUNTY BOARD OF COMMISSIONERS www.harnen.org 091817a HC BOC Page 7 ATTACHMENT 2 Harnett COUNTY ------------------------------------NOR TH CAROLINA RESOLUTION BE IT RESOLVED that the Hamett County Board of Commissioners does hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Crosslink Place Subdivision Crosslink Drive Springmoor Drive Duly adopted this 5th day of September 2017. HARNETT COUNTY BOARD OF COMMISSIONERS ~ strong roots • new growth www.harnett.org 091817a HC BOC Page 8 i\.ttachment 3 · Harnett COUNTY .;...._~..;.;......;.......;... ______________________________ _ NORTH CAROLINA HARNETT COUNTY BOARD OF COMMISSIONERS RESOLUTION TO ACCEPT LEGISLATIVE CONTINGENCY FUNDS FOR INFRASTRUCTURE PROJECTS IN THE COUNTY WHEREAS, Harnett County has been and continues to be one of the fastest growing counties, not only in North Carolina, but in the United States; and WHEREAS, this rapid growth has created an increased need for infrastructure to address issues related to traffic, education and recreation; and WHEREAS, areas affected by this rapid growth include Campbell University, North Harnett Primary School and Neill 's Creek Park; and WHEREAS, the addition of sidewalks from Campbell University's Jerry M. Wallace School of Osteopathic Medicine to Barker-Lane Stadium will improve the safety of both pedestrians and drivers along U.S. 421 in Buies Creek; and WHEREAS, the construction of a second driveway into North Harnett Primary School will greatly relieve issues of ingress and egress at the school, and will create a safer environment for teachers, parents and students to access the school grounds; and WHEREAS, the creation of an entrance into Neill 's Creek Park and additional access to Harnett Central Middle School's athletic fields will accommodate increased traffic and demand at this site; and WHEREAS, legislative contingency funds have been made available for the above mentioned projects; NOW THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners hereby recognizes and approves the use of contingency funds to be used for the addition of a sidewalk from Campbell University's Jerry M. Wallace School of Osteopathic Medicine to Barker-Lane Stadium in Buies Creek, for the construction of a second driveway into North Harnett Primary School, and for the creation of an entrance into Neill's Creek Park. strong roots • new growth www .harne tt.o rg 091817a HC BOC Page 9 Agenda I tern 4-B BUDGET ORD I NANCE AMENDMEN T BE IT ORDA INED by the Governing Board of the County of Harnett. North Carolina. that the following amendment be mode to the annual budget ordinance for the fiscal year ending June 30 , 2018 Sect ion 1. To amend th e Capital Re servce -ESVCS Fund , the appropriations a re to be changed as follows : EXPENDITURE AMOUNT AMOUNT DESCRIPTION OF CODE INCREASE DECREASE l 92-5300-420.30-04 Professional Services $90,000 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE l 92 -0000-399 .00-00 Fund Balance Aooropriated $90.000 EXPLANATION : To budget for a comprehensive Fire & EMS Department Study. Study was approved in Capital Improvement Plan. APPROVALS : Dept Head (date) Section 2 . Copies of this budget amendment shall be furnished t o the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted ________________ _ Margaret Regina Wheeler. Clerk to the Board Gordon Springle. Chairman Harnett County Board of Commissioners 091817a HC BOC Page 10 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2018 : Section 1. To amend the General Fund, Cooperative Extension program, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-344-12 -00 Agriculture 1,200 110-0000-344-17 -00 Revenue -Horticulture Coop Extension 1,200 EXPLANATION: To budget funds received for Horticulture account. Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler Clerk to the Board day of Gordon Springle, Chairman Harnett County Board of Commissioners 091817a HC BOC Page 11 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2018: Section 1. To amend the General Fund , Sheriff's Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE it0-5100-420-60-53 Dues & Subscriptions 5,000 110-5100-420-58-01 Training 5,000 110-5100-420-58-14 Travel 7,000 110-5100-420-60-36 Uniforms 5,000 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-389-43-22 lnterfund Transfer -Asset Forfeitures 22 ,000 EXPLANATION: To transfer funds to into the Sheriff's Ex penditures lines to increase for additional Training, Travel, Uniforms and Subscriptions. APPROVALS: ~~/a,/q Department Head (date) Section 2. Copies of this budget amendment shall be furnished to t he Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this day of , 2016. Marga ret Regina Wheele r, Interim Clerk to the Board Gordon Springle, Chairman Harnett County Board of Commissioners 70b 091817a HC BOC Page 12 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2018: Section 1. To amend the General Fund , Sheriff's Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 251-5100-420-7 4-7 4 Capital Outlay 25 ,000 251-5100-420-90-10 General Fund 22 ,000 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 251-0000-399-00-00 Fund Balance Appropriated 47,000 EXPLANATION: To budget for the Law Enforcement portion of the Command post and the transfer of funds to the General Fund for increased Training, travel, uniforms and subscriptions. APPROVALS: ~i\o;,,,_gJ2,/q ~ a "}. I -I ? Department Head (date) Fina ce Officer at1) / CUntyManger (date) · 8 12J 20 \7 Section 2. Copies of this budget amendment shal be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this day of Margaret Regina Daniel Wheeler, Clerk to the Board I 2017. Gordon Springle, Chairman Harnett County Board of Commissioners lib 091817a HC BOC Page 13 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2018: Section 1.To amend the Airport-Wind Cone Project budget, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-6599-406.36-25 Operating -Special Account -Wind Cones 10,317 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-331.83-12 Capital Projects -Jetport Wind Cones 9,285 110-0000-389. 71-00 Inter fund Transfer Capital Reserv e 1,032 EXPLANATION: To budget remainder of grants funds for the Wind Cones Project (North Carolina Department of Transportation Division of Aviation 36237.25.16.1) Project will expire on September 30, 2017. APPROVALS: 4wf,rl~ ,z,~/,;> Department Head (date) J10V7 Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this. ______ day of ______ _, _______ _ Margaret Regina Wheeler Clerk to the Board Gordon Springle, Chairman Harnett County Board of Commissioner 091817a HC BOC Page 14 t 'j • BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2018; Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows : EXPENDITURE CODE NUMBER 110-7600-441.33-45 REVENUE CODE NUMBER 110-0000-399.00-00 EXPLANATION : Department Head (date) AMOUNT AMOUNT DESCRIPTION OF CODE INCREASE DECREASE Contracted Services $ 146,351.00 AMOUNT AMOUNT DESCRIPTION OF CODE INCREASE DECREASE Fund Balance Appropriated $ 146,351.00 To budget carryforward funds for the CC4C and PCM programs for the FY 2016-2017 per the Sandhills contract. Revenues received in each program exceeded actual expenditures. (See attached.) Section 2 . Copies of this budget amendment shall be furnished to th e Clerk of the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler, Clerk to the Board day of ,2017 Gordon Springle, Chairman Harnett County Board of Commissioners 091817a HC BOC Page 15 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2018; Section 1. To amend the General Fund , Health Department, the appropriations are to be changed as follows: EXPENDITURE CODE NUMBER 110-7500-441.33-45 110-7550-441.32-26 110-7550-441.33-45 110-7550-441.41-11 110-7550-441.55-12 110-7550-441.58-14 110-7550-441.60-33 110-7550-441.60-47 110-7550-441.60-54 110-7552-441.33-45 REVENUE CODE NUMBER 110-0000-399.00-00 EXPLANATION : AMOUNT AMOUNT DESCRIPTION OF CODE INCREASE DECREASE Contract Services $ 180.00 Incentives $ 1,500.00 Contract Services $ 2,000.00 Telephone & Postage $ 558.00 Printing & Binding $ 500.00 Travel $ 2,000.00 Materials & Supplies $ 1,500.00 Food & Provisions $ 500.00 Materials & Supplies-Client $ 2,000.00 Contract Services $ 1,332.00 AMOUNT AMOUNT DESCRIPTION OF CODE INCREASE DECREASE Fund Balance Appropriated $ 12,070.00 To budget carryforward for the Aging Programs. $180 for Aging donations (353.75-03),$10,558 for CAP Medicaid(347.10-13) and $1,332 for Elderly Nutrition Donations (353. 75-53) APPROVALS: _L 91nwvz.r.,··'~ Department Head (date) Section 2. Copies of this budget amendment shall be furnished to the Clerk of the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler, Clerk to the Board day of ,2017 Gordon Springle, Chairman Harn ett County Board of Commissioners 15h 091817a HC BOC Page 16 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2018: Section 1. To amend the General Fund, Emergency Medical Services Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-5400-420.43-16 Maintenance & Repair-Equipment $258 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-356.30-00 Insurance Claim $258 EXPLANATION: To budget the transfer of funds to Maintenance & Repair-Equipment for reimbursement from a citizen that hit and damaged our ambulance step bumper on 8/25/17 (2016 Ford E-450, Unit 3050, Vin# 22042). APPROVALS : 9-0,/? date) Section 2. Copies of this budget amendment shall be furni hed to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this ___ day of ____ , 2017. Margaret Regina Wheeler Clerk to the Board Gordon Spr ingl e, Chairman Harnett County Board of Commissioners 091817a HC BOC Page 17 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made t o the annual budget ordinance for the fiscal year ending June 30, 2018: Section 1.. To amend the 2016 QSCB School Capital Project Fund CP 1601, appropriations are to be changed as follows : EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 334-8300-480.4 7-05 Coats -Erwin Middle School $77,019 334-8300-480 .36-08 Harnett Central High School $1 ,875 334-8300-480.36-11 Highland Elementary School $60,761 334-8300-480.36-29 Highland Middle School $18,133 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION : To move the rem aining 2016 Qualified Zone Academy Bonds (QSCB) funding, $2,200,000 issued May 2016, to Highland El ementary and Highland Middle School s. The funds for Highland Elementary will be used to bring the Building Automation System (BAS) programming up to date . Thi s update will allow the school system to program heat and air, control humidity and CO2 levels throughout the build ing and to monitor and/or troubleshoot issues to be most cost efficient. The funds for Highland Middle will be used to install the current BAS program software at the school to allow a remote, rather than physical , reset of the system when the compresso r kicks out; thereby saving maintenance travel time . · APPROVALS: ci'v/2 -1? Department Head (date) Manager (date) Se ction 2. Copie s of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler Clerk to the Board day of Gordon Springle, Chairman Harnett County Board of Commis sioners 091817a HC BOC Page 18 Board Report Date: 09/18/2017 To: Harnett County Board of Commissioners Re: Consideration of Refund for Taxes, Interest and Penalities for all Muncipalities Adjustment Reason Full rebate Full rebate Full rebate Full rebate S. Keith Faulkner Tax Administrator Bill Number 0002002176-2016-2016-0000-00 0002002176-2015-2015-0000-00 0002002176-2014-2014-0000-00 0002002176-2013· 2013-0000-00 Type Received Amount IND $79.46 IND $86.69 IND $93.91 IND $98.20 Agenda Item 4-C Approved ___________ _ Refund Amount Name $79.46 MURRAY, ANTHONY BLAINE $86.69 MURRAY, ANTHONY BLAINE $93.91 MURRAY, ANTHONY BLAINE $98.20 MURRAY, ANTHONY BLAINE 091817a HC BOC Page 19 Date run: 9/8/2017 11:03:31 AM Data as of: 9f7/2017 6:52:26 PM TR-304 Bill Release Report Report Parameters: Release Date Start: 8/1/2017 Release Date End: 8/31/2017 Tax District: ALL Default Sort-By: Grouping: Bill #,Taxpayer Name,Release Date,Billing Date.Operator ID, Release Amount Release Reason Bill# Taxpayer Name RELEASE REASON: Full rebate 0001685182-2016-2016-0000-00-REG BERTRAN, RICHARD A Subtotal RELEASE REASON: Listed In Error 0001881818-2017-2016-0000-00-REG JACKSON FAMILY ENTERPRISES LLC Subtotal RELEASE REASON: Military 0001555673-2007-2007-0000-00-REG HOWARD. WILLIAM CHARLES JR 0001573466-2012-2012-0000-00-REG ANDERSON. ROBERT WILLIAM Subtotal RELEASE REASON: Penalty In Err 0002256166-2017-2016-0000-00-REG TEXAS PIT BBQ INC Subtotal Total PAGE 1 of 1 Operator ID (Name) 8/6/2016 MARGARET WRIGHT 4/26/2017 SHERRY LOCKAMY 3/3/2008 LORI LEE 8/1/2012 CRYSTAL THOMAS 4/11/2017 SHERRY LOCKAMY NCPTS V4 -. 8/16/2017 8/24/2017 8/1/2017 8/4/2017 8114/2017 186.37 1,009.66 158.40 27.05 1,219.41 Release Amount($) 186.37 186.37 1,009.66 1,009.66 158.40 27.05 185.45 110.86 110.86 1,492.34 -. 0.00 0.00 0.00 0.00 1.108.55 091817a HC BOC Page 20 Board Meeting Agenda Item Agenda Item 4-D MEETING DA TE: September 18, 2017 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: EMS Emergency Response Vehicle Lease Agreement REQUESTED BY: Jimmy Riddle, Emergency Services Director REQUEST: We would like to request approval of the EMS Emergency Response Vehicle Lease Agreement. This EMS Emergency Response Vehicle Lease Agreement is between the County of Harnett and the seven Hamett County EMS Departments for the EMS Medicaid Cost Settlement Program. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\bstanci l\AppData\Local\Temp\agendafonn201 7 -EMS Vehi cle Lease Agreement_ 4836469 (2)\agendafonn2017 - EMS Vehicle Le ase Agreement.doc Pag e I of I 091817a HC BOC Page 21 NORTH CAROLINA COUNTY OF HARNETT EMERGENCY RESPONSE VEHICLE LEASE AGREEMENT THIS EMERGENCY RESPONSE VEHICLE LEASE AGREEMENT ("Agreement"), is made and entered into as of this 1st day of November, 2017, by and between COUNTY OF HARNETT (hereinafter referred to as "Lessee"), and ___________ (hereinafter referred to as "Lessor"), WITNESS ETH WHEREAS , Lessee contracts with Lessor to furnish emergency medical services, facilities and functions for the benefit of the citizens and residents of Hamett County; and WHEREAS , Lessor has secured equipment, land, and buildings for the operation of a non-profit corporation capable of providing emergency medical services within a designated Emergency Medical Services Response Area; and WHEREAS, Lessee desires to lease Lessor's emergency response vehicles as a cost saving measure for the benefit of Lessor and the citizens and residents of Harnett County; NOW THEREFORE, the parties for and in consideration of the covenants and agreements contained herein do hereby contract and agree as follows : I. Agreement. Lessee agrees to lease from Lessor certain emergency response vehicles (individually a "Vehicle " and collectively, the "Vehicles") as specifically identified in the Equipment Schedule ("Schedule") attached hereto as Exhibit A to this Agreement, subject to the terms and conditions in this Agreement. Vehicles may be added from time to time by execution of additional Schedules by the parties hereto and as otherwise provided herein. Lessor is the sole legal owner of the Vehicles and Lessee shall have no right, title, or interest in or to the Vehicles except for the use of the vehicles a s described in this Agreement. 2. Term. The term ofthis Agreement and the Lease it confers shall be for one (1) year and shall be effective on the date of execution of this Agreement. Lessee shall have the option to renew this lease for three (3) additional one (I) year terms on the same conditions and terms set forth in this Agreement, unless written notice of termination is given by Lessor pursuant to the termination provisions below. 3. Payment. Lessee agrees to pay Lessor the sum of One and no/100 Dollars ($1.00) per Vehicle per term of this Agreement, payable upon execution of this instrument and any renewals thereof. 091817a HC BOC Page 22 4. Use and Operation of Vehicles: Lessee shall use the Vehicles to furnish medical services to the general public and shaII do so in a safe manner and in accordance with aII applicable laws, regulations, and rulings of any legislative, executive, administrative, or judicial body. Lessor shall provide qualified, licensed, and insured personnel to operate the Vehicles and shall store the Vehicles at Lessor's EMS facility. 5. Maintenance of Vehicles: Lessor agrees that it will, at Lessor 's own cost and expense, provide for the repair, maintenance, preservation, upkeep, storage, and inspection of the Vehicles required by law and for the proper and safe operation of the Vehicles. If the repair is directly attributable to the negligence of Lessee, then Lessee shall be solely responsible for said cost of repairs. 6. Risk of Loss . Lessor assumes and agrees to bear the entire risk of loss of, theft of, damage to, destruction, or condemnation of the Vehicles from any cause, unless such loss is directly attributable to the negligence of Lessee. If a Vehicle is destroyed, damaged, stolen, or condemned, Lessor shall promptly replace, repair, or restore the Vehicle to substantially the same condition as it existed prior to the event causing such destruction, damage, theft or condemnation. 7. Taxes, Costs, Expenses, Fees and Charges. Lessor shall pay on a timely basis, any and all due and owing taxes, costs, expenses, fees, charges, fines, or assessments, including related interest or penalties levied by the state, county, city or any other lawful body which is authorized to levy taxes or fees relating to any property or equipment owned, operated, or leased by Lessor. 8. Insurance. Lessor shall procure and maintain in full force and effect at all times and at its sole expense: (a) casualty insurance insuring the Vehicles against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Lessor, in an amount at least equal to the then applicable purchase price of the vehicles; (b) liability insurance that protects Lessor from liability in all events; ( c) workers' compensation coverage as required by the laws of the State. Lessor may not materially modify or cancel such insurance or self-insurance coverage without first giving written notice thereof to Lessee at least 10 days in advance of such cancellation or modification. 9. Indemnification. Lessor shall indemnify and hold harmless Lessee, its officers, agents, and employees from and against all claims, losses, damages, expenses and liability caused by accident or other occurrence resulting in bodily injury, including death and disease to any person, or damage or destruction to property, real or personal, arising directly or indirectly from: (a) Lessor's use and operation of the Vehicles; (b) Lessor's maintenance, preservation, upkeep and storage of the Vehicles; and (c) Lessor 's ownership of the Vehicles, except to the extent the liability is caused by the gross negligence or willful misconduct of Lessee. 10. Medicaid Settlement Program. The EMS Enhanced Federal Medicaid Settlement Program ("Program") is an annual cost reporting program that allows for reimbursement of a portion of a participating governmental unit's annual operational 2 091817a HC BOC Page 23 cost as they relate to Medicaid eligible emergency ambulance services . Provided that Lessee is eligible to participate in the Program, Lessee shall advance any reimbursement amounts received through the Program to Lessor, less an administrative fee not to exceed five (5) percent of the total reimbursement amount. Lessor shall be responsible for providing Lessee all necessary completed paperwork to submit to the Program for reimbursement. 11. Termination by Lessor. Lessor may terminate this Agreement if Lessee breaches any provision of this Agreement and Lessee fails to cure the breach within thirty (30) days after Lessee receives written notice of the breach from Lessor. 12. Termination by Lessee. Lessee may terminate this Agreement at any time so long as it has provided Lessor at least sixty (60) days prior written notice of such termination to Lessor. 13. Notices. Any notices or other communications which shall be made pursuant hereto shall be in writing and shall be deemed to be given and received: (a) when hand delivered to the address below; or (b) three (3) days after being mailed to the addresses stated below, postage prepaid by registered or certified mail, return receipt requested to the address set forth below : To Lessor: To Lessee: Joseph Jeffries County Manager Post Office Box 759 (mail) 102 E . Front Street (physical) Lillington, North Carolina 27546 With copy to: Monica L. Jackson Senior County Staff Attorney Post Office Box 238 (mail) 102 E. Front Street (physical) Lillington, North Carolina 27546 14. Governing Law and Venue. This Lease shall be governed by, construed and enforced in accordance with the laws of the State of North Carolina. Any and all 3 091817a HC BOC Page 24 actions and proceedings arising under this Agreement shall be brought and heard in the Superior Court of Hamett County. 15 . Entire Agreement. This Lease contains the entire agreement between the parties and shall not be modified in any manner except by instrument in writing executed by both parties to this Lease. If any term or provision of this Lease or the application thereof to any person or circumstance, to any extent, is adjudged to be invalid and unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Lease shall be valid and shall be enforced to the fullest extent permitted by law. 4 091817a HC BOC Page 25 IN WITNESS WHEREOF, Lessee and Lessor subscribe their names and affix their seals, as of the day and year first above written. ATTEST: Secretary STATE OF NORTH CAROLINA COUNTY OF -------- LESSOR Printed Name: ----------- Title: ·--------------- I, , a Notary Public of the County and State aforesaid, do hereby certify that , personally appeared before me this day and acknowledged that he/she is , and that by authority duly given and as an act of the Lessor, the foregoing instrument was signed in its name by its sealed with its corporate seal, and attested by the foregoing as its Secretary. WITNESS my hand and official stamp or seal, this the __ day of _______ _ 20 Notary Public My Commission Expires: _________ _ [SEAL] 5 091817a HC BOC Page 26 AITEST: Margaret Regina Wheeler, Clerk NORTH CAROLINA HARNETT COUNTY LESSEE By: _____________ _ Joseph Jeffries , County Manager I, , a Notary Public of the County and State aforesaid, certify that Joseph Jeffries, who being by me duly sworn, says that he is County Manager of Hamett County, and that Margaret Regina Wheeler is Clerk to the Hamett County Board of Commissioners, that the seal affixed to the foregoing attested instrument is the seal of Hamett County, North Carolina, and that said instrument was signed by him as County Manager of said County and by the Clerk of said Board, who affixed the official seal of Hamett County to said instrument; and that the said Joseph Jeffries , County Manager, acknowledged said instrument to be the act and deed of Harnett County North Carolina. WITNESS my hand and Notarial Seal, this the ___ day of ________ _ 20 Notary Public My Commission Expires: ________ _ [SEAL] 6 091817a HC BOC Page 27 Board Meeting Agenda Item Agenda Item 4-E MEETING DATE: September 18, 2017 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Campbell Stadium Sidewalks REQUESTED BY: Amanda Bader, PE, County Engineer REQUEST: Approve the amendment of reimbursement with Campbell for the planning, design, and permitting services for the construction of the stadium sidewalks. The funding for the planning, design and permitting is entirely from a grant the County received that was to be used to reimburse Campbell for the cost of the construction of public roads adjacent to CUSOM. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\gwheeler\AppData\Local\Microsoft\ Windows\INetCache\Content.Outlook\TPTEQCL V\agendafonn2017 (002).doc Page I of I 091817a HC BOC Page 28 NORTH CAROLINA HARNETT COUNTY AMENDMENT OF REIMBURSEMENT AGREEMENT THIS AMENDMENT OF REIMBURSEMENT AGREEMENT (hereinafter referred to as the "Amendment"), entered into this __ day of August, 2017, by and between Campbell University, Incorporated, a North Carolina Nonprofit Corporation with its principal place of business in Buies Creek, North Carolina, (hereinafter referred to as "Campbell "), the Campbell University Foundation , Inc., a North Carolina Nonprofit Corporation with its princi pal place of business in Buies Creek, North Carolina (hereinafter referred to as "Foundation"), and County of Harnett, a body politic organized and existing under the laws of the State of North Carolina, with its principal place of business in the Town of Lillington, North Carolina (hereinafter referred to as" County"); WHEREAS, Campbell and the County entered into a REIMBURSEMENT AGREEMENT (hereinafter referred to as the "Agreement") on May 7, 2012, to assist in the more efficient flow of traffic in the vicinity of the Campbell University School of Osteopathic Medicine (hereinafter referred to as "CUSOM"); AND WHEREAS, County has received a grant in the form of a Locally Administered Project-State Contingency Agreement from the North Carolina Department of Transportation (hereinafter referred to as "NCDOT") in the sum of Two Hundred Thousand Dollars ($200,000.00) (hereinafter referred to as the "DOT Agreement"), a copy of which is attached hereto and incorporated by reference, to be used to reimburse Campbell for the cost of the construction of public roads adjacent to CUSOM; AND WHEREAS, the parties are desirous of amending the Agreement to revise certain sections to reflect more recent developments of CUSOM, Campbell, the Foundation, and County on the main campus of Campbell , and a project of County abutting property of Campbell on NC Highway 210 near its intersection with Harnett Central Road; IT IS THEREFORE AGREED, between the part ies that the Agreement is amended and restated in total to read as follows: 1. Campbell caused to be constructed public roads in the vicinity of CUSOM , as approved by NCDOT and at the cost of Campbell. 2 . County will provide planning , design , and permitti ng services for the construction of concrete sidewalks of a minimum width of s ix feet on the north side of US Highway 421 interconnecting the Campbell tunnel under US Highway 421 at the football stadium with the eastern margin of Keith Hills Road at its intersection with US Highway 091817a HC BOC Page 29 421 (hereinafter referred to as the "Stadium Sidewalks Project"), with the exception of a pedestrian bridge (if needed) over a wetland crossing, at a cost to County not to exceed $200,000 .00 payable from proceeds received from NCDOT through the DOT Agreement. The parties understand that the funding provided by County is through NCDOT grant funding and no other source. County shall not be responsible for the payment of any costs outside of the DOT Agreement, and funds received from NCDOT pursuant to the DOT Agreement. 3. In providing planning, design, and permitting services for said Stadium Sidewalks Project, County will at all times comply with any terms of and conditions of approval as set forth in the DOT Agreement. 4. Upon completion of the planning, design, and permitting of the Stadium Sidewalks Project, County shall convey any remaining NCDOT funds from the DOT Agreement to Campbell for the purpose of constructing sidewalks for the Stadium Sidewalks Project or any other project Campbell deems is in the best interest of the school and its students . 5 . In consideration of the improvements by County as set forth herein, the Foundation, will dedicate an easement along NC 210 for the new entrance to Harnett Central Middle School/Neills Creek Park. 6. The terms of this Amendment shall be binding on each of the parties hereto or their successors and assigns. 7. Unless otherwise set forth herein , each party (the "lndemnitor") shall indemnify and hold the other party (the "lndemnitee") and their agents, officers, appointees, members, representatives , elected officials , employees, guests , and invitees harmless from any and all claims, liabilities, penalties, damages, expenses, and judgments for injuries or accidents to persons or damage to property of any nature and cause whatsoever arising directly or indirectly from the negligence of the lndemnitor, its trustees , agents, officers, and employees, while performing pursuant to this reimbursement agreement. The lndemn itor's obligation to indemnify the lndemnitee, shall include, without limitations, costs, expenses, and attorney's fees (including those on appeal) incurred in defense of such claims, whether or not such are adequately covered by insurance . The parties hereby agree that under no c ircumstances shall any party be liable for indirect, consequential , special, or exemplary damages such as, but not limited to, loss of revenue or anticipated profits or other damage related to this Amendment. The indemnification requirement set forth in this Article shall survive termination of this Agreement , and shall not limit any other indemnification provisions in this Agreement. 2 091817a HC BOC Page 30 8. No amendment or modification of this Amendment shall be binding upon any party hereto or their successors in interest unless such amendment or modification shall be set forth in writing and executed by each party in interest. 9 . This Amendment contains the entire understanding of the parties and there are no representations, covenants , or undertakings other than those expressly set forth herein. 10. Any and all required notices herein shall be in writing or facsimile transmission to each party as follows : Campbell and Foundation: James 0. Roberts Post Office Box 97 Buies Creek, North Carolina 27506 Harnett County: Joseph Jeffries Post Office Box 759 Lillington, North Carolina 27546 If said notice is sent via facsimile, it shall be deemed received as shown on a confirmation receipt maintained by the sending party. 11. The Foundation joins this Amendment solely for the purpose of dedicating the easement as described in Paragraph 5. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate originals, one of which is retained by each of the parties, this the day and year first above written. ATTEST: CAMPBELL: Campbell University, Incorporated By: ------------- J. Bradley Creed , President James 0 . Roberts, Secretary 3 091817a HC BOC Page 31 County of Harnett By: ________________ _ Chairman, Harnett County Board of Commissioners ATTEST: Clerk Campbell University Foundation, Inc . J. Bradley Creed, President ATTEST: James 0. Roberts, Secretary 4 091817a HC BOC Page 32 Agenda Item 4-F PROCLAMATION CONGRATULATING THE DUNN ANGELS 10-UNDER ALL-STARS ON WINNING THE 2017 DIXIE SOFTBALL WORLD SERIES CHAMPIONSHIP WHEREAS, the Dunn Angels I 0-under All-Stars softball team, based out of Harnett County, is to be commended for an exemplary season; and WHEREAS, this year the team won the second consecutive Dixie Softball North Carolina State Championship for Dunn in the Angels (10-under) age bracket; and WHEREAS, the team represented North Carolina in the 2017 Dixie Softball World Series Championship in Alexandria, Louisiana, and became World Series Champions on Wednesday, August 2 , 2017 , beating South Carolina by a score of 2-to-1; and WHEREAS, during their championship performance, the team held the competition to just 12 runs during all-star play; and WHEREAS, the team 's success is a testament to their teamwork, dedication, and determination, and has brought pride to Harnett County and its citizens; and WHEREAS, members of the Dunn Angels 10-under All-Stars include Aubree Bass, Karabeth Benton, Berkley Campbell, Jordyn Christopher, Stephanie Davis, Harmony Home, Lindsey Knoll, Eva McLamb, Jazmin Rummel, Emily Scott, and Emily Williams ; and coaches Jeremy Bass, David Home, and Richard Rummel ; and NOW, THEREFORE, BE IT REOL VED that the Harnett County Board of Commissioners does hereby recognize and commend the Dunn Angels 10-under All Stars and coaching staff for their accomplishments during the 2017 Dixie Softball World Series Championship. ADOPTED this 181h day of September, 2017. HARNETT COUNTY BOARD OF COMMISSIONERS C . Gordon Springle, Chairman Joe Miller, Vice Chairman Abe Elmore Barbara McKoy Howard Penny 091817a HC BOC Page 33 Board Meeting Agenda Item Agenda Item 4-G MEETING DA TE: August 21, 2017 TO: HARNETI COUNTY BOARD OF COMMISSIONERS SUBJECT: North Carolina Department of Transportation/Public Transportation Division (NCDOT/PTD) "Public Transportation Grant Agreement" 5311 FY2018 REQUESTED BY: Barry A. Blevins REQUEST: General Services Director, Harnett Area Rural Transit (HARTS) requests the Harnett County Board of Commissioners consider and approve the North Carolina Department of Transportation (NCDOT) FY18 5311 grant agreement in the amount of$368,074; total county match is $56,338. The grant covers both capital and administration costs associated with providing public transportation for the citizens of Harnett County. Approved FY18 budget contains county match -General Services Director is not seeking any additional match amount. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: U:\Working Folder 17 July COPY\My Working Folder\Tran sportation\agend afonn20 17 • 5311 Grant Agree and Accept.do c Page I of2 091817a HC BOC Page 34 INSTRUCTIONS FOR EXECUTING GRANT AGREEMENTS PUBLIC BODY GRANTEES Included in this correspondence is an electronic file in a PDF format of the grant agreement(s) to be executed between the local grant recipient and the North Carolina Department of Transportation . 1. 2 . 3 . 4 . 5. 6 . Print one copy of each agreement. Printing front and back will conserve paper and reduce package size . Please be consistent. Do not print one front and back and the other single sided . The person officially authorized by resolution of the governing body to accept the department's offer of financial assistance should sign each agreement where indicated . The signature must be witnessed. Stamped signatures are not acceptable. If your agency has a seal, affix the seal on the signature page where indicated. Enter your agency's Federal Tax ID Number and Fiscal Year-End on the signature page. If applicable, complete the section on the table for Contract Administrators : For the Contractor: "If Delivered by US Postal Service" and "If Delivered by Any Other Means". Writing this information by hand is acceptable. Do not date the agreements. This will be done upon execution by the department. Return all copies within thirty (30) days to the following address . Please return the contracts, resolution and budgets if possible within 30 days. All other information sent via email does not have to be returned with the contract. Do not staple the contracts together. Use either large paper or binder clips. Fed Ex (prefer this method) NCDOT Public Transportation Ms. Myra Freeman 1 S. Wilmington Street Raleigh , NC 27601 US Mail Myra Freeman Financial Manager NCDOT/PTD 1550 Mail Service Center Raleigh, NC 27699-1550 A fully executed agreement will be returned to you with an executed letter and budget. In the event the agreement(s) cannot be returned within thirty (30) days, please call me immediately at (919) 707-4672. Please note that the department cannot reimburse the grant recipient for any eligible project expenses until the agreements are fully executed . 091817a HC BOC Page 35 STATE OF NORTH CAROLINA COUNTY OF WAKE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION and COUNTY OF HARNETT PUBLIC TRANSPORTATION GRANT AGREEMENT FOR FORMULA GRANTS FOR RURAL AREAS PROGRAM -SECTION 5311 FAIN NUMBER: NC-2017-052-00 NC-2016-006-00 CFDA NUMBER: 20.509 PROJECT NUMBER: 18-CT-040 DUNS # 091565986 ********************************************************************************************************************* THIS AGREEMENT made this the _day of , 20_, (hereinafter referred to as AGREEMENT) by and between the NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as "Department", an agency of the State of North Carolina) and COUNTY OF HARNETT, (acting in its capacity as the grant recipient her~inafter referred to as the "Grantee"). WHEREAS,49 U.S.C . Chapter 53 of in the above referenced Federal grant program including, but not limited to; section 5305 (5303 & 5304) Metropolitan & Statewide Planning and Non- Metropolitan Transportation Planning, 5307 Urbanized Area Formula Grants, 5310 Enhanced Mobility of Seniors & Individuals with Disabilities, 5311 Rural Transportation Assistance Program, and 5339 Buses and Bus Facilities Grants Program, 5311 (f) Intercity Bus , awards of federal discretionary grants, and assistance under the Tribal Transit Program, and/or State grant program including, but not limited to, Advanced Technology, Intern/Apprentice program , Urban State match programs, Rideshare, ROAP and SMAP. WHEREAS , the funds provide federal administrative, operating, and capital assistance for public transportation in rural and small urban areas by way of a formula grant program to be administered by the State; and WHEREAS, the purpose of this grant is to enhance access of people in small urban and nonurbanized areas for purposes such as health care, shopping, education , recreation , public services, and employment by encouraging the maintenance, development, improvement, and use of public passenger transportation systems; and WHEREAS, the Grantee has been designated as the recipient of these funds, and WHEREAS, Article 28 of Chapter 136 of the North Carolina General Statutes (N .C .G .S.) designated the Department of Transportation as the agency of the State of North Carolina responsible for administering all Federal and/or State programs relating to public transportation, and granted the Department authority to do all things required under applicable Federal and/or State legislation to properly administer the public transportation within the State of North Carolina; and WHEREAS, the Governor of North Carolina has designated the North Carolina Department of Transportation as the agency to receive and administer Federal funds, in accordance with the relevant section of the Fixing America's Surface Transportation (FAST) Act, Public Law No. 114-94, December 4, 2015, and other authorizing legislation that may be enacted, the Moving Ahead for Progress in the 21st Century Act (MAP-21 ), Public Law No. 112-141, July 6, 2012, as amended by the "Surface Transportation and Veterans Health Care Choice Improvement Act of 2015," Public Law No. 114-41, July 31 , 2015 , and the Safe, Accountable, Flexible , Efficient Transportation Equity Act: A Legacy for Updated 05/27/2015 091817a HC BOC Page 36 Users (SAFETEA-LU), Public Law No. 109-59, August 10, 2005, as amended by the SAFETEA-LU Technical Corrections Act of 2008, Public Law No 110-244, June 6 , 2008. Under this program; and WHEREAS, in order to assist in providing transportation services, the Department, under the terms of this Agreement shall make grants of Administrative , Operating and Capital assistance to the Grantee; and WHEREAS , the Department and the Grantee desire to secure and utilize grant funds for the above referenced purposes. NOW, THEREFORE, in consideration of the mutual covenants herein set forth , the Department and the Grantee agree as follows : Section 1. Purpose of Agreement. The purpose of this Agreement is to provide for the undertaking of nonurbanized and small urban public transportation services as described in the project application (hereinafter referred to as "Project") properly prepared, endorsed, approved, and transmitted by the Grantee to the Department, and to state the terms and conditions as to the manner in which the Project will be undertaken and completed . Section 2. Project Implementation. The Grantee shall carry out the Project as follows: a . Scope of Project. County of Harnett will use grant funding to provide administrative support to the public transportation program. These services enhance passenger's accessibility in the rural areas to health care, shopping, education, employment, public services, and recreation . Capital funds will be used to purchase and replace one (1) Raised Roof Van without lift, one (1) Raised Roof Van with lift; one (1) replacement and one (1) expansion computer station and fencing for the facility. b. The Grantee shall undertake and complete the nonurbanized area public transportation services in accordance with the procedures and guidelines set forth in the following documents: (1) Federal Transit Administration (hereinafter referred to as "FT A") Circular 9040.1 G, dated November 24, 2014; (2) FTA Master Agreement, FTA MA{23), dated October 1, 2016; (3) The State Management Plan for Federal and State Transportation Programs (hereinafter referred to as "State Management Plan"); and (4) The Grant application for financial assistance. The aforementioned documents, and any subsequent amendments or revisions thereto, are herewith incorporated by reference, and are on file with and approved by the Department in accordance with the terms and conditions of this Agreement. Nothing shall be construed under the terms of this Agreement by the Department or the Grantee that shall cause any conflict with Department, State, or Federal statutes, rules, or regulations. Section 3: Cost of Project/Project Budget. The total cost of the Project approved by the Department is FOUR HUNDRED TWENTY FOUR THOUSAND FOUR HUNDRED TWELVE DOLLARS ($424,412) as set forth in the Project Description and Budget, incorporated into this Agreement as Attachment A. The Department shall provide, from Federal and State funds, the percentages of the actual net cost of the Project as indicated below, not in excess of the identified amounts for eligible Administrative , Operating, and Capital expenses. The Grantee hereby agrees that it will provide the percentages of the actual net cost of the Project, as indicated below, and any amounts in excess of the Department's maximum (Federal plus State shares). The net cost is the price paid minus any refunds, rebates, or other items of value received by the Grantee which have the effect of reducing the actual cost. 05/27/2015 Page 2 of 37 091817a HC BOC Page 37 Administration Administration Admin istration Administration Administration WBS Total Federal (80%) State (5%) Local (15%) 36233.50.20.1 $277,898 $222,318 $13,894 $41 ,686 AQreement# Capital Capital I Capital I Capital I Capital I WBS Total Federal (80%) State (10%) Local (10%) 36233.50.20.3 $113,500 $90,800 $11,350 $11,350 AQreement # Capital Capital II Capital II Capital II Capital II WBS Total Federal (80%) State (10%) Local (10%) 36233 .50 .20.4 $33,014 $26,411 $3,301 $3,302 AQreement# Project Project Project Project Project Total Total Total Federal Total State Total Local $424,412 $339,529 $28 ,545 $56,338 Section 4: Period of Performance. This Agreement shall commence upon the date of execution, unless specific written authorization from the Department to the contrary is received . The period of performance for all expenditures shall extend from July 1, 2017 to June 30, 2018, unless written authorization to the contrary is provided by the Department. Any requests to change the Period of Performance must be made in accordance with the policies and procedures established by the Department or FTA. The Grantee shall commence , carry on , and complete the approved Project with all practicable dispatch, in a sound , economical, and efficient manner. Section 5. Grantee's Capacity . a . The Grantee agrees to maintain sufficient legal , financial, technical, and managerial capability to : (1) Plan , manage, and complete the Project and provide for the use of Project property; (2 ) Carry out the safety and security aspects of the Project; and (3) Comply with the terms of this agreement, the Master Agreement between the FT A and the Department, the Approved Project Budget, the Project schedules, the Grantee's annual Certifications and Assurances to the Department, and applicable Federal and State laws, regulations, and directives. b . No Overdue Ta x Debts Certification -Non-Governmental Grantees Only . The Grantee shall complete and submit to the Department a sworn written statement pursuant to N.C.G .S. 143C-6- 23(c), stating that the Grantee does not have any overdue tax debts, as defined by G .S. 105-243.1, at the Federal , State, or local level. The Grantee acknowledges that the written statement must be submitted to the Department prior to execution of this Agreement and disbursement of funds. The certification will be incorporated into this Agreement as Attachment B . c . Administrative Requirements . The Grantee agrees to comply with the following Federal and State administrative requirements: (1) U.S. DOT regulations, Uniform Administrative Requirements, Cost Principles, and audit Requirements for Federal Awards , 2 C.F.R. Part 200 . (2) Title 19A North Carolina Administrative Code {N.C .A.C.) Subchapter 58. d. Application of Federal, State. and Local Laws. Regulations, and Directives. To achieve compliance with changing federal requirements , the Grantee makes note that federal, state and local requirements may change and the changed requirements will apply to th is Agreement as required. e. Grantee's Primary Responsibility to Comply with Federal and State Requirements. Irrespective of involvement by any other participant in the Proj ect, the Grantee agrees that it, rather than the participant, is ultimately responsible for compliance with all applicable Federal and State laws, regulations , and directives, the Master Agreement between the FT A and the Department, and this 05/27/2015 Page 3 of 37 091817a HC BOC Page 38 Agreement, except to the extent that the Department determines otherwise in writing. Unless otherwise authorized in writing by the Department, the Grantee shall not assign any port ion of the work to be performed under this Agreement, or execute any contract, amendment, or change order thereto, or obligate itself in any manner with any third party with respect to its rights and responsibilities under this Agreement without the prior written concurrence of the Department. Further, the Grantee shall incorporate the provisions of this Agreement into any lease arrangement and shall not enter into any lease arrangement without the prior concurrence of the Department. Any lease approved by the Department shall be subject to the conditions or limitations governing the lease as set forth by the FT A and the Department. If the Grantee leases any Project asset to another party, the Grantee agrees to retain ownership of the leased asset, and assure that the Lessee will use the Project asset to prov ide mass transportation service, either through a "Lease and Supervisory Agreement" between the Grantee and Lessee, or another similar document. The Grantee agrees to provide a copy of any relevant documents. (1) Significant Participation by a Third Party Contractor. Although the Grantee may enter into a third party contract, after obtaining approval from the Department, in which the third party Contractor agrees to provide property or services in support of the Project, or even carry out Project activities normally performed by the Grantee (such as in a turnkey contract), the Grantee agrees that it, rather than the third party Contractor, is ultimately responsible to the Department for compliance with all applicable Federal and State laws, regulations , and directives , except to the extent that the Department determines otherwise in writing . (2) Significant Participation by a Subcontractor. Although the Grantee may delegate any or almost all Project responsibilities to one or more subcontractors, the Grantee agrees that they, rather than the subcontractor, is ultimately responsible for compliance with all applicable Federal and State laws , regulations , and directives, except to the extent that the Department determines otherwise in writing . (3) Significant Participation by a Lessee of a Grantee. Although the Grantee may lease project property and delegate some or many project responsibilities to one or more lessees , the Grantee agrees that they, rather than any lessee, is ultimately responsible for compliance with all applicable Federal laws, regulations , and directives, except to the extent that FTA determines otherwise in writing. f . Grantee's Responsibility to Extend Federal and State Requirements to Other Entities. (1) Entities Affected . Only entities that are signatories to this Agreement for the Project are parties to this agreement. To achieve compliance with certain Federal and State laws, regulations, or directives, however, other Project participants, such as subrecipients and third party Grantees, will necessarily be involved. Accordingly, the Grantee agrees to take the appropriate measures necessary to ensure that all Project participants comply with applicable Federal and State laws , regulations, and directives affecting their performance, except to the extent the Department determines otherwise in writing . (2) Documents Affected . The applicability of provisions of Federal and State laws, regulations , and directives determine the extent to which their requirements affect a Project part icipant. Thus, the Grantee agrees to include adequate provisions to ensure that each Project participant compl ies with those Federal and State laws, regulations , and directives, except to the extent that the Department determines otherwise in writing. In add ition , the Grantee also agrees to require its third party contractors , subrecipients, and lessees to include appropriate requirements to ensure compliance with applicable Federal and State laws, regulations, and directives in each lower tier subcontract and subagreement for the Project , except to the extent that the Department determines otherwise in writing . Additional requirements include the following : 05 /27/201 5 (a) Third Party Contracts . Because Project activities performed by a third party contractor must comply with all applicable Federal and State laws, regulations, and directives , except to the extent the Department determines otherwise in writing, the Grantee agrees to include appropriate clauses in each third party contract stating the third party contractor's responsibil ities under Federal and State laws, regulations, and directives, Page 4 of 37 091817a HC BOC Page 39 including any provisions directing the third party contractor to extend applicable requirements to its subcontractors at the lowest tier necessary. When the third party contract requires the third party contractor to undertake responsibilities for the Project usually performed by the Contractor, the Grantee agrees to include in that third party contract those requirements applicable to the Contractor imposed by the Grant Agreement for the Project or the FTA Master Agreement and extend those requi rements throughout each tier except as the Department determi nes otherwise in writing . Additional guidance pertaining to th i rd party contracting is contained in the FTA's "Best Practices Procurement Manual" {https://www.transit.dot.gov/sites/fta .dot.gov/files/docs/funding/procuremenU8286/fta- best-practices-procurement-and-lessons-learned-manual-2016.pdf). FTA and the Department caution, however, that FT A's "Best Practices Procurement Manual" focuses mainly on third party procurement processes and may omit certain other Federal requirements applicable to the work to be performed . (b) Subagreements. Because Project activities performed by a subcontractor / subrecipient must comply with all applicable Federal and State laws, regulations , and directives except to the extent that the Department determines otherwise in writing , the Grantee agrees as follows : 1 Written Subagreement. The Grantee agrees to enter into a written agreement with each subrecipient (subagreement) stating the terms and conditions of assistance by which the Project will be undertaken and completed . ~ Compliance with Federal Requirements. The Grantee agrees to implement the Project in a manner that will not compromise the Grantee's compliance with Federal and State laws , regulations, and directives applicable to the Project and the Grantee's obligations under this Agreement for the Project and the FTA Master Agreement. Therefore , the Grantee agrees to include in each subagreement appropriate clauses directing the subrecipient to comply with those requirements applicable to the Grantee imposed by this Agreement for the Project or the FTA Master Agreement and extend those requirements as necessary to any lower level subagreement or any thfrd party contractor at each t ier, except as the Department determines otherwise in writing . (3) Iran Divestment Act compliance 05/27/20 15 (a) N.C.G.S. 147-86.59 requires that all bids or contracts or renewals with the State of North Carolina , North Carolina local governments, or any other political subdivision of the State of North Carolina have a certification that the Grantee is not on the Final Divestment List as created by the NC State Treasurer pursuant to N.C.G.S. § 147- 86.58. In compliance with the requirements of the Iran Divestment Act 2015 and N.C.G.S. § 147-86.55 and 147-86.59, the Grantee shall not utilize the performance of the contract of any subcontractor that is identified on the Final Divestment List. The State Treasurer's Final Divestment List can be found on the State Treasurer's website : www.nctreasurer.com/lran and will be updated every 180 days, effective February 26, 2016. 1 By execution of this Agreement each Party certifies that neither it nor its Agents or Contactors/Subcontractors (1) are on the Final Divestment List of entities that the State Treasurer has determined engages in investment a c tivities in Iran ; (2) 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 are authorized by the Parties to make th is Certification. i During the term of this Agreement, should the Parties receive information that a person is in violation of the Act as stated above , the Department will offer the person an opportunity to respond and the Department will take action as appropriate and provided for by law, rule, or contract. Should this Act be voided Page 5 of 37 091817a HC BOC Page 40 by NC General Statute, this Agreement will remain valid; however this certification will no longer be required. g . No Federal/State Government Obligations to Third Parties . In connection with performance of the Project, the Grantee agrees that, absent the Federal/State Government's express written consent, the Federal/State Government shall not be subject to any obligations or liabilities to any subrecipient, third party contractor, lessee or other person or entity that is not a party to this Agreement for the Project. Notwithstanding that the Federal/State Government may have concurred in or approved any solicitation, subagreement, or third party contract, the Federal/State Government has no obligations or liabilities to such entity, including any subrecipient, third party contractor, or lessee. h. Changes in Project Performance (i.e., Disputes, Breaches, Defaults, or Litigation). The Grantee agrees to notify the Department immediately, in writing , of any change in local law, conditions (including its legal, financial , or technical capacity}, or any other event that may adversely affect the Grantee's ability to perform the Project as provided in this Agreement for the Project. The Grantee also agrees to notify the Department immediately, in writing, of any current or prospective major dispute, breach, default, or litigation that may adversely affect the Federal/State Government's interests in the Project or the Federal/State Government's administration or enforcement of Federal/State laws or regulations; and agrees to inform the Department, also in writing, before naming the Federal or State Government as a party to litigation for any reason, in any forum. i. Limitations of Agreement. This Agreement shall be subject to the availability of Federal and State funds, and contingent upon the terms and conditions of the Master Agreement between the FT A and the Department. Section 6. Ethics . a. Code of Ethics . The Grantee agrees to maintain a written code or standards of conduct that shall govern the actions of its officers , employees, board members, or agents engaged in the award or administration of third party contracts , subagreements, or leases financed with Federal/State assistance. The Grantee agrees that its code or standards of conduct shall specify that its officers, employees, board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential third party Grantee at any tier, any subrecipient at any tier or agent thereof, or any lessee . Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the firm selected for award. The Grantee may set de Minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value . The Grantee agrees that its code or standards shall also prohibit the its officers, employees , board members, or agents from using their respective positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain . As permitted by State or local law or regulations, the Grantee agrees that its code or standards of conduct shall include penalties , sanctions, or other disciplinary actions for violations by its officers, employees , board members, or their agents, its third party contractors or sub-recipients or their agents . (1) Personal Conflicts of Interest. The Grantee agrees that its code or standards of conduct shall prohibit the Grantee's employees, officers, board members, or agents from participating in the selection, award, or administration of any third party contract, or sub-agreement supported by Federal/State assistance if a real or apparent conflict of interest would be involved . Such a conflict would arise when an employee , officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the firm selected for award. (2) Organizational Conflicts of Interest. The Grantee agrees that its code or standards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the 05/27/2015 Page 6 of 37 091817a HC BOC Page 41 nature of the work to be performed under a proposed third party contract or sub-agreement, may, without some restrictions on future activities , result in an unfair competitive advantage to the third party Grantee or sub-recip ient or impair its objectivity in performing the contract work. (3) Gifts. N .C.G .S. § 133-32 and Executive Order 24, of October 1, 2009, prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or f rom any person seeking to do business with the State. By execution of this Agreement, Grantee attests , for its entire organization and its employees or agents, that it is not aware that any gift in violation of N.C.G.S. § 133-32 and Executive Order 24 has been offered, accepted, or promised by any employees of Grantee . b . Debarment and Suspension. The Grantee agrees to comply, and assures the compliance of each third party Grantee, sub-recipient, or lessee at any tier, with Executive Orders Nos. 12549 and 12689, (see 2 C.F.R. § 180) "Debarment and Suspension ," 31 U .S.C. § 6101 note, and U .S. DOT regulations , "Government-wide Debarment and Suspension (Non-procurement)," 49 C.F.R. Part 29 . The Grantee agrees to , and assures that its third party contractors, sub-recipients, and lessees will , review the Excluded Parties Listing System at (http://epls .arnet.gov/) before entering into any contracts . c . Bonus or Commission . The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its Federal/State assistance application for the Project. d. Lobbying Restrictions . The Grantee agrees that: (1) In compliance with 31 U.S.C . 1352(a), it will not use Federal assistance to pay the costs of influencing any officer or employee of a Federal agency, Member of Congress , officer of Congress or employee of a member of Congress, in connection with making or extending the Grant Agreement; (2) It will comply with other applicable Federal laws and regulations prohibiting the use of Federal assistance for activities , designed to influence Congress or a State legislature with respect to legislation or appropriations, except through proper, official channels; and (3) It will comply, and will assure the compliance of each sub-recipient , lessee, or third party contractor at any tier, with U .S. DOT regulations, "New Restr ictions on Lobbying ," 49 C.F.R. Part 20, modified as necessary by 31 U.S .C . § 1352. e . Political Activity. To the extent applicable , the Grantee agrees to comply with the provisions of the Hatch Act, 5 U .S.C. chapter 15, and U.S . Office of Personnel Management regulations , "Political Activity of State or Local Officers or Employees," 5 C.F.R. Part 151 . The Hatch Act limits the political activities of State and local agencies and their officers and employees, whose principal employment activities are financed in whole or part with Federal funds including a Federal grant, cooperative agreement, or loan . Nevertheless, in accordance with 49 U.S.C . § 5307(k)(2)(B) and 23 U.S.C. § 142(g), the Hatch Act does not apply to a nonsupervisory employee of a public transportation system (or of any other agency or entity performing related functions) receiving FTA assistance to whom the Hatch Act would not otherwise apply. f . False or Fraudulent Statements or Claims . The Grantee acknowledges and agrees that: (1) Civil Fraud. The Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq., and U .S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31 , apply to its activities in connection with the Project. By exe cuting this Agreement for the Project, the Grantee certifies or affirms the truthfulness and accuracy of each statement it has made , it makes , or it may make in connection with the Project. In addition to other penalties that may apply, the Grantee also understands that if it makes a false, fictitious, or fraudulent claim , statement, submission , certification , assurance, or representation to the Federal/State Government concerning the Project, the Federal/State Government reserves the right to impose on the Grantee the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, to the extent the Federal/State Government deems appropriate . (2) Criminal Fraud. If the Grantee makes a false , fictitious, or fraudulent claim , statement, subm ission, certification, assurance, or representation to the Federal/State Government or includes a false, fictitious , or fraudulent statement or representation in any agreement with the Federal/State Government in connection with a Project authorized under 49 U.S.C. 05/27/201 5 Page 7 of 37 091817a HC BOC Page 42 chapter 53 or any other Federal law, the Federal/State Government reserves the right to impose on the Grantee the penalties of 49 U.S .C. § 5323(1), 18 U .S.C. § 1001 or other applicable Federal/State law to the extent the Federal/State Government deems appropriate . Section 7. Project Expenditures/Payment/Reimbursement. a . General. The Department shall reimburse the Grantee for allowable costs for work performed under the terms of this Agreement which shall be financed with Federal funds and/or State matching funds . The Grantee shall expend funds provided in th is Agreement in accordance with the approved Project Budget(s), included as Attachment A to this Agreement. It is understood and agreed that the work conducted pursuant to this Agreement shall be done on an actual cost basis by the Grantee. Expenditures submitted for reimbursement shall include all eligible cost i ncurred within the Period Covered . The Period Covered represents the monthly or quarterly timeframe in wh ich the Grantee reports expenditures to the Department. All payments issued by the Department will be on a reimbursable basis unless the Grantee requests and the Department approves an advance payment. The Department allows Grantees in good standing to request advance payment (prior to issuing payment to the vendor) for construction proj ects, vehicles , and other h igh-cost capital items. The Grantee agrees to deposit any advance payments into its account when received and issue payment to the vendor within 3 (three) business days . The amount of reimbursement from the Department shall not exceed the funds budgeted in the approved Project Budget. The Grantee shall initiate and prosecute to completion all actions necessary to enable the Grantee to provide its share of project costs at or prior to the time that such funds are needed to meet project costs . The Grantee shall provide its share of project costs from sources other than FTA and State funds from the Department. Any costs for work not eligible for Federal and State participation shall be financed one hundred percent (100%) by the Grantee. b . Administrative Expenditures. In order to assist the Grantee in financing the administrative costs of the project, the Department shall reimburse the Grantee up to the percentage specified in the Approved Project Budget of allowable administrative costs which shall be determined by available funding. c . Operating Expenditures . In order to assist in financing the operating costs of the project, the Department shall reimburse the Grantee for the lesser of the following when providing operating assistance: (1) The balance of unrecovered operating expenditures after deducting all farebox and other operating revenues, or (2) Up to the percentage specified i n the Approved Project Budget of the allowable total operating expend itures which shall be determined by available funding. d . Payment and Reimbursement. The Grantee shall submit a request for reimbursement to the Department for the Period Covered not more frequently than monthly, nor less frequently than quarterly, reporting on the Department's Uniform Public Transportation Accounting System (UPTAS) invoicing forms furnished by the Department for work performed under this Agreement. Expenditures submitted for reimbursement shall include all eligible cost incurred within the Period Covered . Failure to request reimbursement for expenses incurred within the Period Covered may result in non-payment. All requests for reimbursement must be subm itted within (30) days following the end of the project's reporting period . Any Grantee that fails to submit a request for reimbursement for the first two quarters of agreement fiscal year by January 31 st or the last two quarters by July 30 th will forfeit their ability to receive reimbursement for those periods. Additional forms must be submitted with reimbursement requests to report on contracting activities with Disadvantaged Business Enterprise (DBE) firms. Invoices shall be supported by documentation of costs unless otherwise waived by the Department. All requests must be submitted within thirty (30) days following the end of the quarter. Failure to request reimbursement for eligible projects costs as outlined may result in termination of the Project. Invoices shall be approved by the Department's Public Transportation Division and reviewed by the Department's External Audit Branch prior to payment. 0 5/27/2 015 Page 8 o f 37 091817a HC BOC Page 43 e. Indirect Cost or Central Service Allocation . Calculation of Indirect or Central Service Allocations will be consistent with the applicable US DOT common rules in 2 C.F.R. 200. These rates must be approved by NCDOT PTO or cognizant agency prior to the beginni ng or the period of performance. Approved rates will be retained as outlined in the SMP. f . Excluded Costs . The Grantee understands and agrees that, except to the extent the Department determines otherwise in writing , ineligible costs will be treated as follows: (1) In determ ining the amount of Federal/State ass istance the Department will provide , the Department will exclude: (a) Any Project cost incurred by the Grantee before the effective date of the grant; (b) Any cost that is not included in the latest Approved Project Budget; (c) Any cost for Project property or services received in connection with a third party contract, sub-agreement, lease, or other arrangement that is required to be , but has not been , concurred in or approved in writing by FTA; (d) Any non-project cost consistent with the prohibitions of 49 U .S.C . § 5323(h); and (e) Any profit or fee sought by the recipient for its services under the Grant Agree , except to the extent determined by applicable . (f) Any cost ineligible for FTA part icipation as provided by applicable Federal/State laws , regulations, or directives. (2) The Grantee shall limit reimbursement for meals, lodging and travel to rates established by the State of North Carolina Travel Policy. Costs incurred by the Grantee in excess of these rates shall be borne by the Grantee. (3) The Grantee understands and agrees that payment to the Grantee on any Project cost does not constitute the Federal/State Government's final decision about whether that cost is allowable and eligible for payment and does not constitute a wa iver of any violation by the Grantee of the terms of this Agreement. The Grantee acknowledges that the Federal/State Government will not make a fina l determination about the allowability and eligibility of any cost until an audit of the Project has been completed . If the Federal/State Government determines that the Grantee is not entitled to receive any portion of the Federal/State assistance the Grantee has requested or provided, the Department will notify the Grantee in writing, stating its reasons. The Grantee agrees that Project closeout will not alter the Grantee's responsibility to return any funds due the Federal/State Government as a result of later refunds, corrections , or other transactions ; nor will Project closeout alter the Federal/State Government's right to d isallow costs and recover funds on the basis of a later audit or other review. Unless prohibited by Federal/State law or regulation, the Federal/State Government may recover any Federal/State assistance funds made available for the Project as necessary to satisfy any outstanding monetary claims that the Federal/State Government may have against the Grantee . g. Program Income (1) State, Local , or Indian Tribal Governments. In addition to uses of program income authorized under 2 C.F.R. Part 200 .80, FTA reserves the right to permit the Department to add program income to the funds FTA and the recipient have committed to that Grant agreement and use that program income for the purposes of and under the conditions of the grant agreement. (2) Institutions of Higher Education , private Non -Profit Organ izations , and Private For Profit Organizations. FTA reserves the right to permit a recipient to add the program income to the funds FTA and the recipient have committed to that Grant agreement and use that program income to further eligible project or program objectives. (3) Cost Associated With Program Income. Except to the extent FTA determines otherwise in writing , the cost incident to the earning program income may be deducted from the Recipient's gross income to determine program income, provided these costs have not been charged to the Grant Agreement. h . Federal/State Claims. Excess Payments, Disallowed Costs, including Interest. (1) Grantee's Responsibility to Pay. Upon notification to the Grantee that specific amounts are owed to the Federal/State Government, whether for excess payments of Federal/State 05/27/2 015 P a ge 9 o f 37 091817a HC BOC Page 44 i. assistance , disallowed costs , or funds recovered from third parties or elsewhere , the Grantee agrees to remit to the Department promptly the amounts owed, includ ing applicable interest and any penalties and administrative charges . (2) Amount of Interest. The Grantee agrees to remit to the Department interest owed as determined in accordance with N.C.G .S . 147-86.23. Upon notification to the Grantee that specific amounts are owed to the Federal Government, whether for excess payments of Federal assistance, disallowed costs, or funds recovered from third parties or elsewhere, the Grantee agrees to remit to the Federal Government promptly the amounts owed , including applicable interest, penalties and administrative charges. (3) Payment to FT A. Upon receipt of repayment from the Grantee, the Department shall be responsible to remit amounts owed to FT A. De-obligation of Funds . The Grantee agrees that the Department may de-obligate unexpended Federal and State funds before Project closeout. Section 8. Accounting Records . a. Establishment and Maintenance of Accounting Records. The Grantee shall establish and maintain separate accounts for the public transportation program, either independently or within the existing accounting system. All costs charged to the program shall be in accordance with most current approved Annual Budget and shall be reported to the Department in accordance with UPTAS. b . Documentation of Project Costs. All costs charged to the Project, including any approved services performed by the Grantee or others, shall be supported by properly executed payrolls, time records, invoices, contracts , or vouchers evidencing in detail the nature and propriety of the charges, as referenced in 2 C .F.R. 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards" c . Allowable Costs . Expenditures made by the Grantee shall be reimbursed as allowable costs to the extent they meet all of the requirements set forth below. They must be: (1) Consistent with the Project Description, plans , specifications , and Project Budget and all other provisions of this Agreement; (2) Necessary in order to accomplish the Project; (3) Reasonable in amount for the goods or services purchased; (4) Actual net costs to the Grantee, i.e., the price paid minus any refunds (e.g., refundable sales and use taxes pursuant to N.C .G.S . 105-164.14), rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred ; (5) Incurred (and be for work performed) within the period of performance and period covered of this Agreement unless specific authorization from the Department to the contrary is received ; (6) Satisfactorily documented ; (7) Treated uniformly and consistently under accounting principles and procedures approved or prescribed by the Department; and (8) In compliance with U .S . DOT regulations pertain ing to allowable costs in 2 C .F.R. 200, Subpart E , "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards", and FAR, at 48 C .F.R., Subpart 31 .2, "Contracts with Commercial organizations" applies to Project costs incurred by a Recipient that is a for-profit organization . Section 9. Reporting, Record Retention, and Access. a. Reports. The Grantee shall advise the Department regarding the progress of the Project at a minimum quarterly, and at such time and in such a manner as the Department may require . Such reporting and documentation may include, but not be limited to: operating statistics, equipment usage, meetings, progress reports, and monthly performance reports . The Grantee shall collect and submit to the Department such financial statements, data, records, contracts, and other documents related to the Project as may be deemed necessary by the Department. Reports shall include narrative and financial statements of sufficient substance to be in conformance with the report ing requirements of the Department. Progress reports throughout the useful life of the project equipment shall be used , in part, to document utilization of the project equipment. Failure to fully 05/27/2015 Page 10 of 37 091817a HC BOC Page 45 utilize the project equipment in the manner directed by the Department shall constitute a breach of contract. and after written notification by the Department, may result in termination of the Agreement or any such remedy as the Department deems appropriate. • Non-Governmental Grantees: (1) In accordance with 2 C.F .R. Part 200 .500 Subpart F -Audit Requirements (Formerly 0MB Circular A-133), N.C .G.S. 143C-6, "Non-State Entities Receiving State Funds", and Title 9 North Carolina Administrative Code (N .C.A.C.) Subchapter 3M (09 NCAC 03M .0205), Non-Governmental Grantees shall comply with all rules and reporting requirements established by statute or administrative rules . Financial reporting and audit requirements are based on the level of State financial assistance from all funding sources . The three (3) reporting levels are : • Level I - A rec ipient or subrecipient that receives , holds, uses, or expends State financial assistance in an amount less than twenty-five thousand dollars ($25 ,000) within its fiscal year. • Level II - A recipient or subrecipient that receives, holds, uses, or expends State financial assistance in an amount of at least twenty-five thousand ($25,000) or greater, but less than five hundred thousand dollars ($500,000) within its fiscal year. • Level Ill - A recipient or subrecipient that receives , holds , uses, or expends State financial assistance in an amount equal to or greater than five hundred thousand dollars ($500,000) within its fiscal year. (2) Department-established reporting requirements for non-governmental Grantees shall meet the following reporting standards on an annual basis: 1 All recipients or subrecipients shall provide a certification that State financial assistance received or held was used for the purposes for which it was awarded. i All recipients or subrecipients shall provide an accounting of all State financial assistance received, held , used , or expended. J Level II and Ill recipients or subrecipients shall report on activities and accomplishments undertaken by the recipient, including reporting on any performance measures established in the contract. 1 Level Ill recipients or subrecipients shall have a single or program-specific audit prepared and completed in accordance with Generally Accepted Government Auditing Standards, also known as the Yellow Book. (3) All reports shall be filed with the disbursing agency in the format and method specified by the Department no later than three months after the end of the Grantee's fiscal year, unless the same information is already required through more frequent reporting. Audits must be provided to the Department no later than nine months after the end of the recipient's fiscal year. (4) The Grantee shall use the Office of State· Budget and Management reporting forms found under "NC Grants Annual Reporting Forms" on the Department's website: https ://co nnect.ncdot.gov/business/Trans it/Pa ges/Transit-Grants.aspx (5) The Grantee agrees to make available and require its SubGrantees to make available audit work papers in the possession of any auditor to the Department or other federal or state agencies as requested. (6) Department-established reporting requirements to meet the standards set forth in Paragraph (1) of this Rule shall be specified in each Grantee's contract. (7) Unless prohibited by law, the costs of audits made in accordance with the provisions of this Rule shall be allowable charges to State and Federal awards . The charges may be considered a direct cost or an allocated indirect cost, as determined in accordance with cost principles outlined in the Code of Federa l Regulations, 2 C .F.R. Part 200. The cost of any audit not c onducted in accordance with this Sub chapter shall not be charged to State awards. 05/27/2015 Page 1 1 o f 3 7 091817a HC BOC Page 46 c . Record Retention . The Grantee and its third party Grantees shall reta in all records pertaining to this Project for a period of five (5) years from the date of final payment to the Grantee, or until all audit exceptions have been resolved, whichever is longer, in accordance with "Records Retention and Disposition Schedule -Public Transportation Systems and Authorities, April 1, 2006," at: (http://www.ah.dcr.state.nc.us/records/local/). d. Access to Records of Grantee and SubGrantees. The Grantee shall permit and shall require its third party contractors to permit the Department, the Comptroller General of the United States, and the Secretary of the United States Department of Transportation, or their authorized representatives, to inspect all work, materials, payrolls , and other data and records with regard to the Project, and to audit the books, records, and accounts of the Grantee pertaining to the Project. The Department shall reserve the right to reject any and all materials and workmanship for defects and incompatibility with Project Description or excessive cost. The Department shall notify the Grantee, in writing, if materials and/or workmanship are found to be unacceptable. The Grantee shall have ninety (90) days from notification to correct defects or to provide acceptable materials and/or workmanship. Failure by the Grantee to provide acceptable materials and/or workmanship , or to correct noted defects, shall constitute a breach of contract. e . Project Closeout. The Grantee agrees that Project closeout does not alter the reporting and record retention requirements of this Section 6 of th is Agreement. Section 10. Project Completion, Audit, Settlement, and Closeout. a . Project Completion . Within thirty (30) calendar days following Project completion, the end of the Project's period of performance, or termination by the Department, the Grantee agrees to submit a final reimbursement request to the Department for eligible Project expenses. b. Financial Reporting and Audit Requirements . In accordance with 2 C.F.R. 200 Subpart F, "Audit Requirements", effective December 26, 2014 and N.C.G .S . 159-34, the Grantee shall have its accounts audited as soon as possible after the close of each fiscal year by an independent auditor. The Grantee agrees to submit the required number of copies of the audit reporting package four months after the Grantee's fiscal year-end to : • the Local Government Commission if a government entity, or • NCDOT PTO per NC Grants requ irements for non-governmental entities c. Audit Costs . Unless prohibited by law, the costs of audits made in accordance with T itle 2 C .F.R. 200 , Subpart F, "Audit Requirements ", are allowable charges to State and Federal awards . The charges may be considered a direct cost or an allocated indirect cost, as determined in accordance with cost principles outlined in Title 2 C .F .R. 200 , Subpart E, "Cost Principles" (formerly 0MB Circular A-87). The cost of any audit not conducted in accordance with Title 2 C .F.R. 200 and N .C.G.S. 159-34 is unallowable and shall not be charged to State or Federal grants. d . Funds Owed to the Department. The Grantee agrees to remit to the Department any excess payments made to the Grantee, any costs disallowed by the Department, and any amounts recovered by the Grantee from third parties or from other sources, as well as any penalties and any interest required by Subsection 7h of this Agreement. e . Project Closeout. Project closeout occurs when the Department issues the final project payment or acknowledges that the Grantee has remitted the proper refund . The Grantee agrees that Project closeout by the Department does not invalidate any cont inuing requirements imposed by this Agreement. Section 11. Civil Rights. The Grantee agrees to comply with all applicable civil rights laws and implementing regulations including, but not limited to , the following: a. Nondiscrimination in Federal Public Transportation Programs . The Grantee agrees to comply, and assures the compliance of each third party Grantee at any tier and each subrecipient at any tier of the Project, with the provisions of 49 U.S.C . § 5332, which prohibit discrimination on the basis of ra ce , color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity. 05/27/201 5 Pa ge 12 of 3 7 091817a HC BOC Page 47 b. Nondiscrimination -Title VI of the Civil Rights Act. The Grantee agrees to comply, and assures the compliance of each third party Grantee at any tier and each subrecipient at any tier of the Project, with all provisions prohibiting d iscrimination on the basis of race , color, or national origin of Title VI of the Civil Rights Act of 1964, as amended, 42 U .S.C. §§ 2000d et seq ., and with U .S. DOT regu lations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act," 49 C.F.R. Part 21. c . Equal Employment Opportunity. The Grantee agrees to comply, and assures the compl iance of each third party Grantee at any tier of the Project and each subrecipient at any tier of the Project, with all equal employment opportunity (EEO) provisions of 49 U.S.C . § 5332, with Title VII of the Civil Rights Act of 1964, as amended , 42 U.S.C. § 2000e et seq., and implementing Federal regulations and any subsequent amendments thereto . Except to the extend FTA determines otherwise in writing , the recipient also agrees to follow all applicable Federal EEO directives that may be issued. Accordingly: (1) General. The Grantee agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, sex, disability, age , or national origin . The Grantee agrees to take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, sex, disability, age, or national origin . Such action shall include, but not be limited to, employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (2) Equal Employment Opportunity Requirements for Construction Activities. For activities determined by the U .S. Department of Labor (U.S . DOL) to qualify as "construction," the Grantee agrees to comply and assures the compliance of each third party Grantee at any tier or subrecipient at any tier of the Project, with all applicable equal employment opportunity requirements of U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order No. 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000(e) note, and also with any Federal laws, regulations, and directives affecting construction undertaken as part of the Project. d. Disadvantaged Business Enterprises . (1) Policy. It is the policy of the North Carolina Department of Transportation that Disadvantaged Business Enterprises (DBEs) as defined in 49 C.F.R. Part 26 shall have the equal opportunity to compete fairly for and to participate in the performance of contracts financed in whole or in part by Federal Funds. The Grantee is also encouraged to give every opportunity to allow DBE participation in Supplemental Agreements . (2) Obligation . The Grantee, subconsultant, and subcontractor shall not discriminate on the basis of race, religion , color, national origin, age , disability or sex in the performance of this contract. The Grantee shall comply with applicable requirements of 49 C.F.R. Part 26 in the award and administration of federally assisted contracts . Failure by the Grantee to comply with these requirements is a material breach of this contract, which will result in the termination of this contract or such other remedy, as the Department deems necessary. (3) Goals. Even though specific DBE goals are not established for this project, the Department encourages the Grantee to have participation from DBE Grantees and/or suppliers . (4) Listing of DBE subcontractors . The Grantee, at the time the Letter of Interest is submitted, shall submit a listing of all known DBE contractors that will participate in the performance of the identified work. The participation shall be submitted on the Department's Form DBE-IS. In the event the Grantee has no DBE participation , the Grantee shall indicate this on the Form DBE-IS by entering the word 'None' or the number 'zero' and the form shall be signed . Form DBE-IS may be accessed on the website. (5) Certified Transportation Firms Directory. Real-time information about Grantees doing 05/27/2015 Pa ge 13 of 37 091817a HC BOC Page 48 business with the Department and Grantees that are certified through North Carolina's Unified Certification Program is available in the Directory of Transportation Firms. The Directory can be accessed by the link on the Department's homepage or by entering https://apps.dot.state.nc.us/vendor/directory/ in the address bar of your web browser. Only Grantees identified as DBE certified in the Directory shall be listed in the proposal. The listing of an individual Grantee in the Department's directory shall not be construed as an endorsement of the Grantee's capability to perform certain work. (6) Reporting Disadvantaged Business Enterprise Participation . When payments are made to Disadvantaged Business Enterprise (DBE) Grantees, including material suppliers, Grantees at all levels (Grantee , SubConsultant or SubGrantee) shall provide the Contract Administrator with an accounting of said payments. The accounting shall be listed on the Department's SubGrantee Payment Information Form (Form DBE-IS). In the event the Grantee has no DBE participation, the Grantee shall indicate this on the Form DBE-IS by entering the word 'None' or the number 'zero' and the form shall be signed . Form DBE-IS may be accessed on the website at: https://apps.dot.state.nc.us/guickfind/forms/Default.aspx. A responsible fiscal officer of the payee Grantee, subconsultant or SubGrantee who can attest to the date and amounts of the payments shall certify that the accounting is correct. A copy of an acceptable report may be obta ined from the Department of Transportation. This information shall be submitted as part of the requests for payments made to the Department. e . Age Discrimination. The Grantee agrees to comply with the Age Discrimination in Employment Act (ADEA) 29 U .S .C . Section 621 through 634 and with implementing U.S. Equal Employment Opportunity Commission (U .S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. Part 1625, which prohibits d iscrimination against individuals on the basis of age. f . Access for Individuals with Disabilities. The Grantee agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation services and facilities , and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with d isabilities . The Grantee also agrees to comply with all applicable provisions of Section 504 of the Rehabilitation Act of 1973, as amended , with 29 U.S .C. § 794, which prohibits discrimination on the basis of disability; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C . §§ 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities ; and with the Architectural Barriers Act of 1968, as amended, 42 U .S.C. §§ 4151 et seq ., which requires that buildings and public accommodations be accessible to individuals with disabilities . In addition, the Grantee agrees to comply with applicable Federal regulations and directives and any subsequent amendments thereto, except to the extent the Department determines otherwise in writing , as follows: (1) U .S . DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. Part 37 ; (2) U .S . DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance ," 49 C.F.R. Part 27; (3) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB)/U.S. DOT regulations , "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 C .F.R. Part 1192 and 49 C .F.R. Part 38; (4) U .S . DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C .F.R. Part 35; (5) U.S. DOJ regulations , "Nondiscrimination on the Basis of Disability by Publi c Accommodations and in Commercial Facilities," 28 C .F.R. Part 36; (6) U.S. General Services Administration (U.S. GSA) regulations, "Accommodations for the Physically Handicapped," 41 C .F.R. Subpart 101 -19; (7) U .S . Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Ameri c ans with Disabilities Act," 29 C.F.R. Part 1630; 05/2 7/2 015 Page 14 of 37 091817a HC BOC Page 49 (8) U.S . Federal Communications Commission regulations , "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled ," 47 C.F .R. Part 64, Subpart F; and (9) U.S. ATBCB regulations, "Electronic and Information Technology Accessibility Standards," 36 C.F.R. Part 1194 ; (10) FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C .F.R. Part 609 ; and (11) Federal civil rights and nondiscrimination directives implementing the foregoing regulations. g. Drug or Alcohol Abuse-Confidentiality and Other Civil Rights Protections . To the extent applicable, the Grantee agrees to comply w ith the confidentiality and other civil rights protections of the Drug Abuse Office and Treatment Act of 1972, as amended , 21 U .S .C . §§ 1101 et seq., with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C . §§ 4541 et seq., and with the Public Health Service Act of 1912, as amended , 42 U .S .C. §§ 201dd -290dd-2 et seq, and any subsequent amendments to these acts. h . Access to Services for Persons with Limited English Proficiency. To the extent applicable and except to the extent that the Department determines otherwise in writing , the Grantee agrees to comply with the policies of Executive Order No. 13166, "Improving Access to Services for Persons with Limited Engl ish Proficiency," 42 U .S .C. § 2000d-1 note, and w ith the provisions of U .S. DOT Notice , "DOT Guidance to Recipients on Special Language Services to Limited English Proficient (LEP) Beneficiaries," 70Fed . Reg . 74087 et seq ., December 14, 2005. i. Environmental Justice. The Grantee agrees to comply with the policies of Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations," 42 U.S.C . § 4321 note, except to the extent that the Department determines otherwise in writing. j. Other Nondiscrimination Laws . The Grantee agrees to comply with all applicable provisions of other Federal laws, regulations , and directives pertaining to and prohibiting discrimination that are applicable, except to the extent the Department determines otherwise in writing. Section 12. Planning and Private Enterprise. a . General. To the extent applicable, the ·Grantee agrees to implement the Project in a manner consistent with the plans developed in compliance with the Federal planning and private enterprise provisions of the following: (1) 49 U .S .C. Chapter 53; (2) Joint Federal Highway Administration (FHWA)/FTA document, "Interim Guidance for Implementing Key SAFETEA-LU Provisions on Planning, Environment, and Air Quality for Joint FHWA/FTA Authorities ," dated September 2, 2005, as amended by joint FHWA/FT A guidance, "SAFETEA-LU Deadline for New Planning Requirements (July 1, 2007)," dated May 2, 2006 [clarifying Guidance on Implementation of SAFETEA-LU Planning Provisions], and subsequent Federal directives implementing SAFETEA-LU, except to the extent FTA determines otherwise in writing ; (3) Joint FHWA/FTA regulations , "Planning Assistance and Standards," 23 C .F .R. Part 450 and 49 C .F.R. Part 613 to the extent that those regulations are consistent with the SAFETEA-LU amendments to public transportation planning and private enterprise laws, and subsequent amendments to those regulations that may be promulgated; and (4) FTA regulations , "Major Capital Investment Projects ," 49 C.F.R. Part 611 , to the extent that those regulations are consistent with the SAFETEA-LU amendments to the public transportation planning and private enterprise laws, and any subsequent amendments to those regulations that may be subsequently promulgated. b . Governmental and Private Nonprofit Providers of Nonemergency Transportation. In addition to providing opportunities to participate in planning as described in Subsection 12a of this Agreement, to the extent feasible the Grantee agrees to comply with the provisions of 49 U.S.C . § 5323(k), which afford governmental agencies and nonprofit organizations that receive Federal assistance for nonemergency transportation from Federal Government sources (other than U .S . DOT) an opportunity to be included in the design, coordination , and planning of transportation 05/27/2015 Page 15 of 37 091817a HC BOC Page 50 C. services. Infrastructure Investment. During the implementation of the Project, the Grantee agrees to take into consideration the recommendations of Executive Order No. 12803, "Infrastructure Privatization," 31 U.S.C . § 501 note, and Executive Order No . 12893, "Principles for Federal Infrastructure Investments ," 31 U .S .C. § 501 note. Section 13. Preference for United States Products and Services. To the extent applicable , the Grantee agrees to comply with the following U.S . domestic preference requirements : a. Buy America . The Grantee agrees to comply with 49 U.S .C. § 5323U) and FTA regulations, "Buy America Requirements," 49 C.F.R. Part 661 to the extent those regulations are consistent with the FAST Act, MAP-21 , or SAFETEA-LU provisions, and subsequent amendments to those regulations that may be promulgated. The Grantee also agrees to comply with FTA directives to the extent those directives are consistent with SAFETEA-LU provisions, except to the extent that FT A or the Department determines otherwise in writing. b. Cargo Preference-Use of Un ited States-Flag Vessels. The Grantee agrees to comply with U .S . Maritime Administration regulations, "Cargo Preference-U .S.-Flag Vessels," 46 C.F .R. Part 381 , to the extent those regulations apply to the Project. c . Fly America . The Grantee understands and agrees that the Federal/State Government will not participate in the costs of international air transportation of any individuals involved in or property acquired for the Project unless that air transportation is provided by U.S.-flag air carriers to the extent service by U.S.-flag air carriers is available, in accordance with the requirements of the International Air Transportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and with U .S . GSA regulations , "Use of United States Flag Air Carriers," 41 C.F .R. §§ 301-10.131 through 301-10 .143. Section 14. Procurement and Third Party Contracting . To the extent applicable, the Grantee agrees to comply with the following third party procurement provisions: a . Statutory and Regulatory Standards . The Grantee shall establish written procurement procedures that comply with the required Federal and State standards as found on the Department's website: https://connect.ncdot.gov/business/Transit/Pages/Transit-Procurement.aspx. The Grantee agrees to comply with the th ird party procurement requirements with 2 C.F.R. 200 , "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards" (replaces 49 C.F .R. 18 and 19, effective December 26 , 2014); 49 U.S.C. Chapter 53, as amended by FAST Act; FT A's Master Agreement, FTA MA(23); and other applicable Federal laws in effect now or as subsequently enacted; and other applicable Federal regulations pertaining to third party procurements and subsequent amendments thereto, to the extent those regulations are consistent with SAFETEA-LU provisions and N.C.G.S. 143 Article 8. The Grantee also agrees to comply with the provisions of FT A Circular 4220.1 F , "Third Party Contracting Guidance", as amended, to the extent those provisions are consistent with the FAST ACT , MAP-21, or SAFETEA- LU provisions and with any subsequent amendments thereto, except to the extent the Department or the FT A determines otherwise in writing . Although the FT A "Best Practices Procurement Manual" provides additional procurement guidance, the Grantee understands that this FTA manual is focused on third party procurement processes and may omit certain Federal requirements applicable to the third party contract work to be performed. b . Full and Open Competition . In accordance with 49 U .S .C. §5325(a), the Grantee agrees to conduct all procurement transactions in a manner that provides full and open competition as determined by the Department and FT A. c . Exclusionary or Discrim inatory Specifications. Apart from inconsistent requirements imposed by Federal laws or regulations , the Grantee agrees to comply with the requirements of 49 U .S .C. § 5325(h) by not using any Federal assistance awarded by FTA to support a procurement using e xclusionary or discriminatory spec ifications. d . Geographic Restrictions . In accordance with N.C .G .S. 143 Article 30 , the Grantee agrees that it will not use any State or local geographic preference , except State or local geographic preferences 05/27/2 01 5 Page 16 of 37 091817a HC BOC Page 51 expressly mandated or as permitted by FT A. However, for example, in procuring architectural , engineering, or related services , the Grantee's geographic location may be a selection criterion, provided that a sufficient number of qualified firms are eligible to compete. e. In-State Bus Dealer Restrictions . The Grantee agrees that in accordance with 49 U .S.C. § 5325(i), any State law requiring buses to be purchased through in-State dealers will not apply to purchases of vehicles acquired with funding authorized under 49 U.S.C. Chapter 53 . f. Neutrality in Labor Relations . To the extent permitted by law, the Grantee agrees to comply with Executive Order No. 13502, "Use of Project Labor Agreements (PLA) for Federal Construction Projects ", February 6, 2009, 74 Fed . Reg . 6985 et seq. As a result, the Recipient is no longer prohibited from requiring an affiliation with a labor organization, such as a project labor agreement, as a condition for award of any third party contract or subcontract at any tier for construction or construction management services, except to the extent that the Federal Government determines otherwise in writing. g. Federal Supply Schedules. State, local, or nonprofit Recipients may not use Federal Supply Schedules to acquire federally assisted property or services except to the extent permitted by U.S. GSA, U.S. DOT, or FTA laws, regulations , directives, or determinations. h. Force Account. The Grantee agrees that FTA may determine the extent to which Federal assistance may be used to participate in force account costs . i. Department Technical Review. The Grantee agrees to permit the Department to review and approve the Grantee's technical specifications and requirements to the extent the Department believes necessary to ensure proper Project administration. The Grantee agrees to submit the following to the Department for its review and approval prior to solicitation : (1) New/adapted specifications for equipment, supplies, apparatuses and new-type rolling stock. This requirement does not apply to equipment, supplies, or apparatuses with cost of less than $30,000; or to Minivans ; Conversion and Lift Vans ; Center Aisle Vans and Standard Vans ; and Light Transit Vehicles (Cutaway-type Bus). (2) Drawings, designs, and/or description of work for construction , renovation , or facility improvement projects, including the purchase or construct ion of bus shelters . j . Department Pre-award Approval. The Grantee agrees to submit pro curement documents, including the Procurement Checklist, to the Department for its review and approval prior to award of a contract/subcontract under this Agreement for any of the following : (1 ) All new-type rolling stock (excluding Minivans); Conve rsion and Lift Vans ; Center Aisle Vans and Standard Vans ; and Light Transit Vehicles (Cutaway-type Bus) not available on PTO State contracts. (2) All specifications, drawings, plans, and/or description of work required for all construction, renovation, facility improvement or related type projects; (3) All construction projects equal to or greater than $30,000 ; (4) Any "brand name" product or sole source purchase equal to or greater than $2,500; (5) Any contract/subcontract to other than apparent lowest bidder equal to or greater than $3,500; $2,000 if it is a construction related project (6) Any procurement equal to or greater than $90 ,000; (7) Any contract modification that would change the scope of a contract or increase the contract amount up to or over the formal (sealed) bid threshold of $90,000. (8) All local procurements over $3 ,500 using grant funds , federal and/or state must submit a Procurement Checklist with claim to be eligible for reimbursement k . Project Approval!Third Party Contract Approval. Except to the extent the Department determines otherwise in writing , the Grantee agrees that the Department's award of Federal and State assistance for the Project does not, by itself, constitute pre-approval of any non-competitive third party contract associated with the Project. I. Preference for Recycled Products. To the extent applicable , the Grantee agrees to comply with U .S . EPA regulations , "Comprehensive Procurement Guidelines for Products Containing Recovered Materials'; 40 C.F.R. Part 247, which implements Section 6002 of the Resource Conservation and Recovery Act, as amended ; 42 U.S.C. § 6962; and with subsequent Federal regulations that may be promulgated. Accordingly, the Grantee agrees to provide a competitive 05/27/20 15 Pa ge 17 of 3 7 091817a HC BOC Page 52 preference for products and services that conserve natural resources, protect the environment, and are energy efficient. m . Clean Air and Clean Water. The Grantee agrees to include in each th ird party contract and subagreement exceeding $100,000 adequate provisions to ensure that each Project participant will agree to report the use of facilities placed on or likely to be placed on the U .S. Environmental Protection Agency (U .S. EPA) "List of Violating Facilities," to not use any violating facilities, to report violations to the Department and the Regional U.S . EPA Office, and to comply with the inspection and other applicable requirements of: (1) Section 306 of the Clean Air Act, as amended, 42 U .S.C . § 7606, and other applicable provisions of the Clean Air Act, as amended, 42 U .S .C . § 7401 through 7671 q; and (2) Sei;:tion 508 of the Clean Water Act, as amended, 33 U.S.C . § 1368, and other applicable requirements of the Clean Water Act, as amended , 33 U.S.C . § 1251 through 1377. n. National Intelligent Transportation Systems Architecture and Standards. To the extent applicable , the Grantee agrees to conform to the National Intelligent Transportation Systems (ITS) Architecture and Standards as required by SAFETEA-LU § 5307(c), 23 U.S.C . § 512 note, and comply with FTA Notice, "FTA National ITS Architecture Policy on Transit Projects" 66 Fed . Reg . 1455 et seq., January 8, 2001 , and any subseq uent further implementing directives , except to the extent FTA or the Department determines otherwise in writing . o . Rolling Stock. In acquiring rolling stock, the Grantee agrees as follows: (1) Method of Acquisition . The Department's Public Transportation Division, through the North Ca rolina Department of Administration, Purchase and Contract Division, awards vehicle contracts for its grant recipients to purchase public transit vehicles . These vehicle contracts comply with FTA and State requirements. The Grantee will utilize these vehicle contracts to purchase public transit vehicles included in the Approved Budget for this Project. For public transit veh icles not included in these contracts, the Grantee shall conduct a competitive procurement process in accordance with this Agreement. (2) Multi-year Options. In accordance with 49 U .S.C . § 5325(e)(1 ), the Grantee may not enter into a multi-year contract with options, exceeding five (5) years after the date of the original contract, to purchase additional rolling stock and replacement parts . (3) Pre-Award and Post-Delivery Requirements. The Grantee agrees to comply with the requirements of 49 U.S.C. § 5323(m) and FTA regulations, "Pre-Award and Post-Delivery Audits of Rolling Stock Purchases ," 49 C .F.R. Part 663 and, when promulgated, any amendments to those regulations. The Grantee understands and agrees that to the extent the provisions of 49 U .S.C. § 5323(m), as amended by the FAST Act, MAP-21 or SAFETEA- LU conflict with FT A 's implementing regulations , as currently promulgated , the provisions of 49 U.S.C. § 5323(m), as amended , prevail. (4) Bus Testing . To the extent applicable , the Grantee agrees to comply with the requirements of 49 U.S .C . § 5318(e) and FTA regulations , "Bus Testing," 49 C .F.R. Part 665, and any amendments to those regulations that may be promulgated. p. Bonding . For construction projects, the Grantee agrees to provide bid guarantee bond (5% of bid price) and performance and payment bonds (100% of contract price) and comply with any other construction bonding provisions as the Department may determine. q . Architectural, Engineering, Design, or Related Services. For all architectural, engineering, design, or related services the Grantee shall use qualifications-based competitive proposal [Request for Qualifications (RFQ) in accordance with the Brooks Act] procedures . The Grantee shall follow applicable statutes, N.C.G.S. 143-64.31-34, and requirements set forth in FTA Circular 4220.1 Fas amended, to retain a qualified , registered architect or professional engineer: (1) The Grantee agrees to comply with qualifications-based competitive proposal procedures, which require: (a) An offeror's qualifications be evaluated ; (b) Good faith effort to use minority-owned businesses ; (c) Price be ex cluded as an evaluation factor; (d) Negotiations be conducted with only the most qualified offeror; and 05/27/20 15 Page 18 of37 091817a HC BOC Page 53 (e) Failing agreement on price, negotiations with the next most qualified offeror be conducted until a contract award can be made to the most qualified offeror whose price is fair and reasonable. (2) Geographic location may be a selection criterion in procurements for architectural and engineering (A&E) services provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. (3) The Grantee acknowledges and agrees that qualifications-based competitive proposal procedures can only be used for procurement of the following services: (a) Program management; (b) Construction management; (c) Feasibility studies; and (d) Preliminary engineering , design , architectural , engineering, surveying , mapping, and related services . (4) The Grantee also agrees to: (a) Include applicable Federal requirements and certifications in the solicitation; (b) Submit procurement documents to the Department for its review and approval prior to the award of any contract for A&E services for the Project; and (c) Maintain written documentation to support each step of the procurement process. r. Design-Bid-Build Projects. The Design-Bid-Build method of construction is where there are separate contracts and procurement processes for the design and construction. Typically the designer coordinates the numerous prime Grantees that are involved in the construction process. The Grantee may use design-bid-build procurements to implement its projects after it has complied with applicable Federal and State requirements and obtains approval from the Department prior to solicitation and award of the contract. s. Design-Build Projects. The Design-Build method of construction is where a single Grantee is given responsibility for both design and construction , thus eliminating an intermediate procurement step with possible time saving, and more effective coordination and opportunities for cost savings. Currently, this procurement method is not an allowable method of procurement by the State of North Carolina. The Grantee may request to use the design-build method as an "alternate" method. Submission of justification must be presented to the State Building Commission for a 2/3-majority vote of approval. One of the drawbacks of design-build is that the owner does not have an independent source (the A/E in traditional construction) overseeing design implementation and verifying conformance with the drawings and specifications. t. Competitive Proposal/Request for Proposal (RFP). The competitive proposal/ request for proposal (RFP) method of procurement is normally conducted with more than one source submitting an offer, i.e., proposal. Either a fixed price or cost reimbursement type contract is awarded . This method of procurement is generally used when conditions are not appropriate for the use of sealed bids . The Grantee acknowledges that certain restrictions apply under North Carolina law for use of the RFP method and these restrictions and exceptions are discussed below. (1) The Grantee agrees that the RFP Method may not be used in lieu of an invitation for bids (IFB) for: (a) Construction/repair work; or (b) Purchase of apparatus, supplies, materials or equipment. See Subsection 14t(2), of this Agreement, regarding information technology goods as services. (2) The Grantee agrees that the RFP method of solicitation may be used (in addition to or instead of any other procedure available under North Carolina law) for the procurement of information technology goods and services [as defined in N.C.G.S . 147-33.81(2)]. This applies to electronic data processing goods and services , telecommunications goods and services, security goods and services, microprocessors, software , information processing, office systems, any services related to the foregoing , and consulting or other services for design or redesign of information technology supporting business processes . The Grantee will comply with the following minimum requirements [N .C.G .S. 143-129.8]: 05/27/2015 (a) Notice of the request for proposals shall be given in accordance with N.C.G.S. 143 129(b). Page 19 of 37 091817a HC BOC Page 54 u. V. (b) Contracts shall be awarded to the person or entity that subm its the best overall proposal as determined by the awarding authority. Factors to be considered in awarding contracts shall be identified in the request for proposals. ( c) The Grantee may use procurement methods set forth in N. C. G . S . 143-135. 9 in developing and evaluating requests for proposals . (d) The Grantee may negotiate with any proposer in order to obtain a final contract that best meets the needs of the Grantee . (e) Any negotiations shall not alter the contract beyond the scope of the original request for proposals in a manner that deprives the proposers or potential proposers of a fair opportunity to compete for the contract; and would have resulted in the award of the contract to a different person or entity if the alterations had been included in the request for proposals. (f) Proposals submitted shall not be subject to public inspection until a contract is awarded . (3) The Grantee agrees that the RFP method, in accordance with FTA Circular 4220 .1 F as amended , under the guidelines of FTA "Best Practices Procurement Manual ," should be used for procurements of professional services, such as consultants for plann ing activities and for transit system operations/management. The Grantee acknowledges that certain restrictions apply under North Carolina law for use of the RFP method and these restrictions and except ions are discussed in Subsections 14t(1) and 14t(2) of this Agreement. For all arch itectural, engineering, design, or related services, the Grantee agrees that the qualifications-based competitive proposal process shall be used (see Subsection 14q , this Agreement). (4) When the RFP method is used for procurement of professional services, the Grantee agrees to abide by the following minimum requirements : (a) Normally conducted with more than one source submitting an offer (proposal); (b) Either fixed price or cost reimbursement type contract will be used ; (c) Generally used when conditions are not appropriate for use of sealed bids ; (d) Requests for proposals will be publicized ; (e) All evaluation factors will be ident ified along with their relative importance; (f) Proposals will be solicited from an adequate number (3 is recommended) of qualified sources; (g) A standard method must be in place for conducting technical evaluations of the proposals received and for selecting awardees; (h) Awards will be made to the responsible firm whose proposal is most advantageous to the Grantee's program with price and other factors considered; and (i) In determining which proposal is most advantageous, the Grantee may award to the proposer whose proposal offers the greatest business value (best value) to the agency. "Best value" is based on determ ination of which proposal offers the best tradeoff between price and performance , where quality is considered an integral performance factor. Award to Other than the Lowest Bidder. In accordance with Federal and State statutes, a third party contract may be awarded to other than the lowest bidder, if the award furthers an objective (such as improved long-term operating efficiency and lower lo ng-term costs). When specified in bidding documents , factors such as discounts, transportation costs , and life cycle costs will be considered in determining which bid is lowest. Prior to the award of any contract equal to or greater than $3 ,500 ($2,000 for construct ion-related projects) to other than apparent lowest bidder, the Grantee shall submit its recommendation along with bas is/reason for selection to the Department for pre-award approval. Award to Responsible Grantees . The Grantee agrees to award third party contracts on ly to responsible Grantees who possess potential ability to successfully perform under the terms and conditions of the proposed procurement according to N.C.G .S.143-129. Consideration will be given to such matters as Grantee integrity, compliance with public policy, record of past ;: .. performance, and financial and technical resources . Contracts will not be awarded to parties th~t 05/27/2015 Pa ge 20 of.3 7 091817a HC BOC Page 55 are debarred , suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities in accordance with the Federal debarment and suspension rule, 49 C.F.R. 29 . For procurements over $25,000, the Grantee shall comply, and assure the compliance of each third party Grantee and subrecipient at any tier, with the debarment and suspension rule . FTA and the Department recommend that Grantees use a certification form for projects over $25,000, which are funded in part with Federal funds . A sample certification form can be obtained from the Department. The Grantee also agrees to check a potential Grantee's debarmenUsuspension status at the Federal website : https://www.dol.gov/ofccp/regs/compliance/preaward/debarlst.htm and the State website: https ://ncadmin.nc .gov/govemment-agencies/procuremen t/contracts /debarred-vendors . w. Procurement Notification Requirements. With respect to any procurement for goods and services (including construction services) having an aggregate value of $500,000 or more (in Federal funds), the Grantee agrees to: (1) Specify the amount of Federal and State funds that will be used to finance the acquisition in any announcement of the contract award for such goods or services; and (2) Express the said amount as a percentage of the total costs of the planned acquisition. x. Contract Administration System . The Grantee shall maintain a contract adm inistration system that ensures that Grantees/SubGrantees perform in accordance with the terms , conditions, and specifications of their contracts or purchase orders . · y. Access to Third Party Contract Records . The Grantee agrees, and agrees to require its third party Grantees and third party SubGrantees, at as many tiers of the Project as required, to provide to the Federal and State awarding agencies or their duly authorized representatives, access to all third party contract records to the extent required by 49 U.S.C . § 5325(9), and retain such documents for at least five (5) years after project completion . Section 15. Leases. a . Capital Leases . To the extent applicable, the Grantee agrees to comply with FTA regulations, "Capital Leases," 49 C .F.R. Part 639, and any revision thereto. b . Leases Involving Certificates of Participation . The Grantee agrees to obtain the Department's concurrence before entering into any leasing arrangement involving the issuance of certificates of participation in connection with the acqu isition of any capital asset. c . Lease vs . Purchase. The Grantee agrees to obtain the Department's concurrence and a cost analysis will be presented to evaluate the terms and conditions prior to entering into any lease agreement. Section 16. Hold Harmless. Except as prohibited or otherwise limited by State law or except to the extent that FTA or the Department determines otherwise in writing , upon request by the Federal or State Government, the Grantee agrees to indemnify, save, and hold harmless the Federal and State Government and its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses , resulting from any willful or intentional violation by the Grantee of proprietary rights , copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Project. The Grantee shall not be required to indemnify the Federal or State Government for any such liability caused by the wrongful acts of Federal or State employees or agents. Section 17. Use of Real Property, Equipment. and Supplies. The Grantee understands and agrees that the Federal/State Government retains a Federal/State interest in any real property, equipment, and supplies financed with Federal/State assistance (Project property) until , and to the extent, that the Federal/State Government relinquishes its Federal/State interest in that Project property. With respect to any Project property financed with Federal/State assistance under this Agreement, the Grantee agrees to comply with the following provisions , except to the extent FTA or the Department determines otherwise in writing : a . Use of Project Property. The Grantee agrees to maintain continuing control of the use of Project 05/27/2015 Page 21 of 3 7 091817a HC BOC Page 56 property to the extent satisfactory to FT A. The Grantee agrees to use Project property for appropriate Project purposes (which may include joint development purposes that generate program income , both during and after the award period and used to support public transportation activities) for the duration of the useful life of that property, as required by FTA or the Department. Should the Grantee unreasonably delay or fail to use Project property during the useful life of that property, the Grantee agrees that it may be required to return the entire amount of the Federal and State assistance expended on that property . The Grantee further agrees to notify the Department immediately when any Project property is withdrawn from Project use or when any Project property is used in a manner substantially different from the representations the Grantee has made in its Application or in the Project Description for this Agreement for the Project. In turn , the Department shall be responsible for notifying FT A. b . General. The Grantee agrees to comply with the property management standards of 49 C .F .R. §§ 18.31 through 18.33, including any amendments thereto, and with other applicable Federal and State regulations and directives. Any exception to the requirements of 49 C .F.R. §§ 18.31 through 18.33 requires the express approval of the Federal Government in writing . The Grantee also consents to the Department's reimbursement requirements for premature dispositions of certain Project equipment, as set forth in Subsection 17i of this Agreement. c . Maintenance and Inspection of Vehicles. Facilities and Other Project Equipment. The Grantee shall maintain all project equipment at a high level of cleanliness , safety, and mechanical soundness in accordance with the minimum maintenance requirements recommended by the manufacturer. The Grantee shall register all vehicle maintenance activities in a Comprehensive Maintenance Record or an electronic version of same . The Department shall conduct frequent inspections to confirm proper maintenance pursuant to this Subsection 17c of this Agreement and the State Management Plan . The Grantee shall collect and submit to the Department at such time and in such manner as it may require information for the purpose of the Department's Public Transportation Management System (PTMS). The Grantee shall maintain the facility, including any and all equipment installed into or added on to the facility as part of the Project, in good operating order and at a high level of cleanliness, safety and mechanical soundness in accordance with good facility maintenance and upkeep practices and in accordance with the minimum maintenance requirements recommended by the manufacturer for all equipment installed in or added to the facility as part of the Project. Such maintenance shall be in compliance with applicable Federal and state regulations or directives that may be issued, except to the extent that the Department determines otherwise in writing. The Department shall conduct inspections as it deems necessary to confirm proper maintenance on the part of the Grantee pursuant to this Subsection 17c of the Agreement and the State Management Plan. Such inspections may or may not be scheduled ahead of time, but will be conducted such that they shall not significantly interfere with the ongoing and necessary functions for wh ich the Project was designed . The Grantee shall make every effort to accommodate such inspections by the Department in accordance with the Department's desired schedule for such inspections. The Grantee shall collect and submit to the Department at such time and in such manner as the Department may require information for the purpose of the Department's Public Transportation Management System (PTMS) and any and all other reports the Department deems necessary. The Grantee shall also maintain and make available to the Department upon its demand all documents, policies, procedures, purchase orders, bills of sale , internal work orders and similar items that demonstrate the Grantee's maintenance of the facility in good operating order and at a high level of cleanliness , safety and mechanical soundness. d . Records. The Grantee agrees to keep satisfactory records pertaining to the use of Project property, and submit to the Department upon request such information as may be required to assure compliance with this Subsection 17 of this Agreement. e . Incidental Use. The Grantee agrees that: (1) General. Any incidental use of Proj ect property will not exceed that permitted under applicable Federal and State laws, regulations, and directives. (2) Alternative Fueling Facilities . As authorized by 49 U.S.C . § 5323(p), any incidental use of its federally financed alternative fueling facilities and equipment by non-transit publi c 05/27/2 015 Page 22 of 37 091817a HC BOC Page 57 entities and private entities will be permitted, only if the: (a) Incidental use does not interfere with the Grantee's Project or public transportation operations; (b) Grantee fully recaptures all costs related to the incidental use from the non-transit public entity or private entity; (c) Grantee uses revenues received from the incidental use in excess of costs for planning , capital , and operating expenses that are incurred in providing public transportation; and ; (d) Private entities pay all applicable excise taxes on fuel. f . Title to Vehicles . The Certificate of Title to all vehicles purchased under the Approved Budget for this Project shall be in the name of the Grantee. The Department's Public Transportation Division shall be recorded on the Certificate of Title as first lien-holder. In the event of project termination or breach of contract provisions, the Grantee shall, upon written notification by the Department, surrender Project equipment and/or transfer the Certificate(s) of Title for Project equipment to the Department or the Department's designee. g . Encumbrance of Project Property. The Grantee agrees to maintain satisfactory continuing control of Project property as follows : (1) Written Transactions. The Grantee agrees that it will not execute any transfer of title , lease, lien, pledge, mortgage, encumbrance, third party contract, subagreement, grant anticipation note, alienation, innovative finance arrangement (such as a cross border lease, leveraged lease, or otherwise), or any other obligation pertaining to Project property, that in any way would affect the continuing Federal and State interest in that Project property. (2) Oral Transactions . The Grantee agrees that it will not obligate itself in any manner to any third party with respect to Project property. (3) Other Actions. The Grantee agrees that it will not take any action adversely affecting the Federal and State interest in or impair the Grantee's continuing control of the use of Project property. h . Transfer of Project Property. The Grantee understands and agrees as follows : (1) Grantee Request. The Grantee may transfer any Project property financed with Federal assistance authorized under 49 U.S.C . chapter 53 to a local governmental authority to be used for any public purpose with no further obligation to the Federal Government, provided the transfer is approved by the Federal Transit Administrator and conforms with the requirements of 49 U.S.C . §§ 5334(h)(1) through 5334(h)(3). (2) Federal/State Government Direction. The Grantee agrees that the Federal or State Government may direct the disposition of, and even require the Grantee to transfer title to any Project property financed with Federal/State assistance under this Agreement. (3) Leasing Project Property to Another Party. 05/27/201 5 (a) General. Prior to entering into any third party contract for leasing Project property to another party, the Grantee agrees to obtain approval from the Department. If the Grantee leases any Project property to another party, the Grantee agrees to retain ownership of the leased Project property, and assure that the lessee will use the Project property appropriately, through a written lease between the Grantee and lessee. The Grantee agrees to use the standard lease agreement form provided by the Department and to provide a copy of the signed, executed lease agreement to the Department. In accordance with Subsection Se of this Agreement, regardless of assignment of work to be completed under this Project or lease of Project assets to a third party, it is the Grantee's primary responsibility to comply with Federal and State requirements of this Agreement and assure the compliance of any third party Grantees . (b) Lease of Vehicles. The lease of vehicles acquired with financial assistance authorized for 49 U.S.C. chapter 53 to any third party is contingent upon approval of the Department. It is allowable to lease vehicles to another Community Transportation System providing general public service in the State of North Carolina, upon approval of the Department. It is also allowable for vehicles to be leased to a third party operator Page 23 of 37 091817a HC BOC Page 58 or transportation management company that operates the transit service within a county/region under contract to the Grantee, upon approval of the Department. The Grantee agrees to use the veh icle lease agreement provided by the Department when veh icles are leased, even if on a short-term basis , to another Community Transportation System or a management company. The Grantee agrees to obtain written approval from the Department before the lease is executed and forward a copy of the signed, executed lease agreement to the Department. The Grantee, as a Community Transportation System , shall not lease vehicles to human service agencies, county agencies/government, community agencies or school systems . The Grantee agrees not to loan vehicle(s) to other agencies/individuals for short-term use, even during hours that the transportation system is not providing service , as the vehicle(s) will generally be used to provide service that is "closed-door," i.e., not open to the general public. i. Disposition of Project Property. With prior Department approval, the Grantee may sell, transfe r, or lease Project property and use the proceeds to reduce the gross project cost of other eligible capital public transportation projects to the extent permitted by 49 U.S .C. § 5334(h)(4). The Grantee also agrees that the Department shall determine "useful life" for all Project property and that the Grantee will use Project property continuously and appropriately throughout the useful life of that property. Upon the end of the period of useful life, the Grantee may dispose of Project property after notifying and receiving disposition instructions from the Department. (1) Project Property Whose Useful Life Has Expired. When the useful life of Project property has expired , the Grantee agrees to comply with the Department's disposition requirements. (2) Project Property Prematurely Withdrawn from Use . For Project property withdrawn from appropriate use before its useful life has expired , the Grantee agrees as follows : 05/27 /2015 (a) Notification Requirement. The Grantee agrees to notify the Department immediately when any Project property is prematurely withdrawn from appropriate use, whether by planned withdrawal , misuse, or casualty loss. (b) Calculating the Fair Market Value of Prematurely Withdrawn Project Property. The Grantee agrees that the Federal/State Government retains a Federal/State interest in the fair market value of Project property prematurely withdrawn from appropriate use. The amount of the Federal/State interest in the Project property shall be determined by the ratio of the Federal/State assistance awarded for the property to the actual cost of the property. The Grantee agrees that the fair market value of Project property prematurely withdrawn from use will be calculated as follows : 1. Equipment and Supplies . T he Grantee agrees that the fair market value of Project equipment and supplies shall be calculated by straight-line depreciation of that property, based on the useful life of the equipment or supplies as established by the Department. The fair market value of Project equipment and supplies shall be the value immediately before the occurrence prompting the withdrawal of the equipment or supplies from appropriate use. In the case of Project equipment or supplies lost or damaged by fire , casualty, or natural disaster, the fair market value shall be calculated on the basis of the condition of that equipment or supplies immed iately before the fire , casualty, or natural disaster, or the amount of insurance coverage, whichever is greater. ~. Real Property. The Grantee agrees that the fair market value of real property financed under the Project shall be determined by FTA eithe r on the basis of competent appraisal based on an appropriate date approved by FTA, as provided by 49 C.F .R. Part 24 , by straight line depreciation of improvements to real property coupled with the value of the land as determined by FTA on the basis of appraisal, or other Federal law or regulations that may be applicable . ~. Exceptional Circumstances. The Grantee agrees that the Department may require the use of another method to determine the fair market value of Project property. In unusual circumstances , the Grantee may request that another reasonable valuation method be used including, but not limited to, accelerated Page 24 o f 37 091817a HC BOC Page 59 depreciation , comparable sales, or established market values. In determining whether to approve such a request , the Department may consider any action taken, omission made, or unfortunate occurrence suffered by the Grantee with respect to the preservation of Project property withdrawn from appropriate use. (c) Financial Obligations to the Federal/State Government. The Grantee agrees to remit to the Department the Federal and State interest in the fair market value of any Project property prematurely withdrawn from appropriate use. In turn , the Department shall be responsible to remit the Federal interest to the FTA. In the case of fire , casualty, or natural disaster, the Grantee may fulfill its obl igations to remit the Federal and State interest by either: 1. Investing an amount equal to the remaining Federal and State interest in like- kind property that is eligible for assistance with in the scope of the Project that provided Federal/State assistance for the Project property prematurely withdrawn from use; or 6. Returning to the Department an amount equal to the remaining Federal and State interest in the withdrawn Project property. j. Insurance Proceeds. If the Grantee receives insurance proceeds as a result of damage or destruction to the Project property, the Grantee agrees to : (1) Apply those insurance proceeds to the cost of rep lacing the damaged or destroyed Proj ect property taken out of service , or (2) Return to the Department an amount equal to the remaining Federal and State interest in the damaged or destroyed Project property. k. Transportation -Hazardous Materials. The Grantee agrees to comply with applicable requirements of U .S. Pipeline and Hazardous Materials Safety Administration regulations, "Shippers -General Requirements for Shipments and Packaging," 49 C .F.R. Part 173, in connection with the transportation of any hazardous materials. I. Misused or Damaged Project Property. If any damage to Project property results from abuse or misuse occurring with the Grantee 's knowledge and consent, the Grantee agrees to restore the Project property to its original condition or refund the value of the Federal and State interest in that property, as the Department may require . m. Responsibilities after Project Closeout. The Grantee agrees that Project closeout by the Department will not change the Grantee's Project property management responsibilities as stated in Section 14 of this Agreement, and as may be set forth in s ubsequent Federal and State laws , regulations , and directives , except to the extent the Department determines otherwise in writing . Section 18. Insurance. The Grantee shall be responsible for protecting the state and/or federal financial interest in the facility construction/renovation and equipment purchased under this Agreement throughout the useful life . The Grantee shall provide , as frequently and in such manner as the Department may require , written documentation that the facility and equipment are insured against loss in an amount equal to or greater than the state and/or federal share of the real value of the facility or equipment. Failure of the Grantee to provide adequate insurance shall be considered a breach of contract and , after notification may result in termination of this Agreement. In addition , other insurance requirements may apply . The Grantee agrees as follows : a . Minimum Requirements. At a minimum, the Grantee agrees to comply with the insurance requirements normally imposed by North Carolina State and local laws , regulations, and ordinances , except to the extent that the Department determines otherwise in writing. b. Flood Hazards. To the extent applicable , the Grantee agrees to comply with the flood insurance purchase provisions of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. § 4012a(a), with respect to any Project activity involving construction or an acquisition having an insurable cost of $10 ,000 or more. Section 19. Relocation. When relocation of individuals or businesses is required, the Grantee agrees as follows : 05/27/201 5 Page 2 5 o f 37 091817a HC BOC Page 60 a . Relocation Protections. The Grantee agrees to comply with 49 U.S .C . § 5324(a), which requires compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C . §§ 4601 et seq .; and U .S. DOT regulations, "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs," 49 C .F.R. Part 24, which provide for fair and equitable treatment of persons displaced and persons whose property is acquired as a result of Federal and federally assisted programs. [See, new U .S. DOT final rule , "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs," 49 C .F.R. Part 24, at 70 Fed. Reg . 590 et seq ., January 4, 2005.] These requirements apply to relocation in connection with all interests in real property acquired for the Project regardless of Federal participation in the costs of that real property. b . Nondiscrimination in Housing. In carrying out its responsibilities to provide housing that may be required for compliance with Federal relocation requirements for individuals, the Grantee agrees to comply with Title VIII of the Civil Rights Act of 1968, as amended, 42 U .S.C . §§ 3601 et seq ., and with Executive Order No. 12892, "Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing," 42 U.S.C . § 3608 note. c . Prohibition Against Use of Lead-Based Paint. In undertaking construction or rehabilitation of residential structures on behalf of individuals affected by real property acquisition in connection with implementing the Project, the Grantee agrees that it will not use lead-based paint, consistent with the prohibitions of Section 401(b) of the Lead-Based Paint Poisoning Prevention Act, 42 U.S.C . § 4831(b), and the provisions of U .S. Housing and Urban Development regulations, "Lead- based Paint Poisoning in Certain Residential Structures." Section 20. Real Property. For real property acquired with Federal assistance, the Grantee agrees as follows: a. Land Acquisition . The Grantee agrees to comply with 49 U.S .C . § 5324(a), which requires compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C . §§ 4601 et seq.; and with U .S. DOT regulations, "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs," 49 C .F.R. Part 24. [See, new U.S. DOT final rule, "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs," 49 C .F.R. Part 24, 70 Fed . Reg . 590 et seq., January 4 , 2005.] These requirements apply to all interests in real property acquired for Project purposes regardless of Federal participation in the cost of that real property. b . Covenant Assuring Nondiscrimination . The Grantee agrees to include a covenant in the title of the real property acquired for the Project to assure nondiscrimination during the useful life of the Project. c . Recording Title to Real Property. To the extent required by FTA and the Department, the Grantee agrees to record the Federal and/or State's interest in title to real property used in connection with the Project and/or execute at the request of the Department any instrument or documents evidencing or related to the State's interest in the Project's property . (1) As a condition of its participation in a Facility Project, the Department will retain a secured interest in the Project for the estimated life of the Project, expected to be forty (40) years , following completion of the Project; or the prorated share of the orig inal investment or current fair market value (the higher value of the two); whichever comes first. e. Department Approval of Changes in Real Property Ownership . The Grantee agrees that it will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities used in the Project without prior written permission and instructions from the Department. e . Disposal of Real Property. (1) If useful life is not attained, upon the sale or disposition of any Project facil ity, the Department shall be entitled to a refund of the original state and/or federal investment or the state and/or federal prorated share of the current fair market value of the project facility, whichever is greater. (2) For the purpose of this Agreement, the term "any sale or disposit ion of the Project facility" shall mean any sale or disposition of the facility for a use not consistent with purposes for 0 5/27/2 015 Pa ge 26 of 37 091817a HC BOC Page 61 which the state and/or federal share was originally granted pursuant to the Project Agreement, or for a use consistent with such purposes wherein the transferee in the sale or disposition does not enter into an assignment and assumption agreement with the Grantee with respect to the Grantee's obligation under this Agreement or the Grant Agreement, so that the transferee becomes obligated as if the transferee had been the original party. Section 21. Construction -Non-Profit Grantees. Except to the extent the Department determines otherwise in writing , the Grantee agrees as follows : a. Drafting, Review, and Approval of Construction Plans and Specifications . The Grantee agrees to submit drawings, designs, and/or description of work for construction , renovation , or facility improvement projects, including the purchase or construction of bus shelters to the Department for its review and approval prior to solicitation. b. MBE/WBE/DBE Participation. The Grantee agrees to record and report Minority-owned Business good faith efforts in accordance with N.C.G .S. 143-128.2(f). c . Supervision of Construction. The Grantee agrees to provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms to the approved plans and specifications . d . Construction Reports. The Grantee agrees to provide progress reports and other data and information as may be required by the Department. e. Project Management for Major Capital Projects. To the extent applicable, the Grantee agrees to comply with FTA regulations , "Project Management Oversight," 49 C.F.R. Part 633, and any subsequent Project Management Oversight regulations FTA may issue . f . Seismic Safety. The Grantee agrees to comply with the Earthquake Hazards Reduction Act of 1977, as amended , 42 U .S .C. §§ 7701 et seq ., with Executive Order No. 12699, "Seismic Safety of Federal and Federally-Assisted or Regulated New Building Construction," 42 U.S.C. § 7704 note, and with U.S . DOT regulations , "Seismic Safety ," 49 C.F.R. Part 41 , specifically, 49 C.F.R. § 41 .117 . Section 22. Employee Protections . a . Construction Activities . The Grantee agrees to comply, and assures the compliance of each third party Grantee and each subrecipient at any tier of the Project, with the following laws and regulations providing protections for construction employees: (1) Davis-Bacon Act, as amended , 49 U.S.C. § 5333(a), which requires compliance with the Davis-Bacon Act, 40 U.S.C . §§ 3141 et seq ., and implementing U .S . DOL regulations , "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F .R. Part 5; (2) Contract Work Hours and Safety Standards Act, as amended , 40 U .S .C. §§ 3701 et seq ., spec ifically, the wage and hour requirements of Section 102 of that Act at 40 U.S.C. § 3702, and implementing U.S. DOL regulations , "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5 ; and the safety requirements of Section 107 of that Act at 40 U.S.C. § 3704, and implementing U.S . DOL regulations, "Safety and Health Regulations for Construction," 29 C.F.R. Part 1926 ; and (3) Copeland "Anti-Kickback" Act, as amended , 18 U.S.C . § 874 and 40 U.S .C. Section 3145 and implementing U .S . DOL regulations , "Grantees and SubGrantees on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States ," 29 C.F.R. Part 3. b. Activities Not Involving Construction. The Grantee agrees to comply, and assures the compliance of each third party Grantee and each subrecipient at any tier of the Project, with the employee protection requirements for nonconstruction employees of the Contract Work Hours and Safety Standards Act, as amended , 40 U.S.C. §§ 3701 et seq ., in particular the wage and hour requirements of Section 102 of that Act at 40 U.S .C. § 3702 , and with U .S . DOL regulations , "Labor 0 5/27/2 015 Page 27 of 37 091817a HC BOC Page 62 C . d . Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C .F.R. Part 5. Activities Involving Commerce. The Grantee agrees that the provisions of the Fair Labor Standards Act, 29 U .S.C. §§ 201 et seq., apply to employees performing Project work involving commerce . Public Transportation Employee Protective Arrangements 49 U.S.C . chapter 53. The Grantee agrees to comply with the terms and conditions of the Special Warranty for the Program agreed to by the U .S. Secretaries of Transportation and Labor, dated May 31 , 1979, U.S. DOL implementing procedures , and any revisions thereto. Section 23. Environmental Protections. The Grantee recognizes that many Federal and State laws imposing environmental and resource conservation requirements may apply to the Project. Some, but not all, of the major Federal laws that may affect the Project include: the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. §§ 4321 through 4335; the Clean Air Act, as amended, 42 U.S.C. §§ 7401 through7671q and scattered sections of Title 29, Un ited States Code ; the Clean Water Act , as amended, 33 U.S .C. §§ 1251 through 1377; the Resource Conservation and Recovery Act, as amended , 42 U.S.C. §§ 6901 through 6992k; the Comprehensive Environmental Response , Compensation, and Liability Act, as amended , 42 U .S .C. §§ 9601 through 9675, as well as environmental provisions within Title 23, United States Code, and 49 U.S.C. chapter 53. The Grantee also recognizes that U.S. EPA, FHWA and other Federal agencies have issued, and in the future are expected to issue, Federal regulations and directives that may affect the Project. Thus, the Grantee agrees to comply, and assures the compliance of each third party Grantee, with any applicable Federal laws, regulations and directives as the Federal Government are in effect now or become effective in the future , except to the extent the Federal Government determines otherwise in writing . Listed below are environmental provisions of particular concern to FT A and the Department. The Grantee understands and agrees that those laws, regulations, and directives may not constitute the Grantee's entire obligation to meet all Federal environmental and resource conservation requirements . a . National Environmental Policy . Federal assistance is contingent upon the Grantee's facil itating FT A's compliance with all applicable requirements and implementing regulations of the National Environmental Policy Act of 1969, as amended , (NEPA) 42 U.S.C. §§ 4321 through 4335 {as restricted by 42 U.S .C . § 5159 , if applicable); Executive Order No . 11514, as amended, "Protection and Enhancement of Environmental Quality," 42 U.S.C . § 4321 note; FTA statutory requirements at49 U.S.C. § 5324{b); U .S. Council on Environmental Quality regulations pertaining to compliance with NEPA, 40 C.F.R. Parts 1500 through 1508; and joint FHWNFTA regulations, "Environmental Impact and Related Procedures," 23 C.F.R. Part 771 and 49 C .F.R. Part 622 , and subsequent Federal environmental protection regulations that may be promulgated. The Recipient agrees to comply with the applicable provisions of 23 U.S.C . Section 139 pertaining to environmental procedures, and 23 U.S .C. Section 326, pertaining to State responsibility for categorical exclusions, in accordance with the provisions of joint FHWNFTA final guidance, "SAFETA-LU Environmental Review Process (Public Law 109-59)," 71 fed . Reg . 66576 et seq ., November 15, 2006 and any applicable Federal directives that may be issued at a later date , except to the extent that FT A determines otherwise in writing . b . Air Quality. Except to the extent the Federal Government determines otherwise in writing , the Grantee agrees to comply with all applicable Federal laws, regulations, and directives implementing the Clean Air Act, as amended , 42 U.S.C. §§ 7401 through 7671q, and: { 1) The Grantee agrees to comply with t he applicable requirements of Section 176( c) of the Clean Air Act, 42 U.S.C. § 7506(c), consistent with the joint FHWNFTA document, "Interim Guidance for Implementing Key SAFETEA-LU Provisions on Planning , Environment, and Air Quality for Joint FHWNFTA Authorities ," dated September 2, 2005 , and any subsequent applicable Federal directives that may be issued ; with U.S . EPA regulations, "Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 US .C . or the Federal Transit Act," 40 C .F.R. Part 51 , Subpart T; and "Determining Conformity of Federal Actions to State or Federal 05/27/201 5 Page 2 8 of 3 7 091817a HC BOC Page 63 Implementation Plans," 40 C .F.R. Part 93, and any subsequent Federal conformity regulations that may be promulgated. To support the requisite air quality conformity finding for the Project, the Grantee agrees to implement each air quality mitigation or control measure incorporated in the Project. The Grantee further agrees that any Project identified in an applicable State Implementation P lan (SIP) as a Transportation Control Measure will be wholly consistent with the design concept and scope of the Project described in the SIP. (2) U.S. EPA also imposes requirements implementing the Clean Air Act, as amended, wh ich may apply to public transportation operators, particularly operators of large public transportation bus fleets. Accordingly, the Grantee agrees to comply with the following U .S . EPA regulations to the extent they apply to the Project: "Control of Air Pollution from Mobile Sources," 40 C .F.R. Part 85; "Control of Air Pollution from New and In-Use Motor Vehicles and New and In-Use Motor Vehicle Engines ," 40 C .F.R. Part 86; and "Fuel Economy of Motor Vehicles," 40 C .F .R. Part 600. (3) The Grantee agrees to comply with notice of violating facility provisions of Executive Order No. 11738, "Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans ," 42 U .S.C. § 7606 note. c. Clean Water. Except to the extent the Federal Government determines otherwise in writing, the Grantee agrees to comply with all applicable Federal regulations and directives issued pursuant to the Clean Water Act, as amended, 33 U.S.C . §§ 1251 through 1377. In addition: (1) The Grantee agrees to protect underground sources of drinking water consistent with the provisions of the Safe Drinking Water Act of 1974, as amended, 42 U.S.C. §§ 300f through 300j-6. (2) The Grantee agrees to comply with notice of violating facility provisions of Executive Order No. 11738, "Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans," 42 U .S .C . § 7606 note. d . Use of Public Lands. The Grantee agrees that in implementing its Project, it will not use any publicly owned land from a park, recreation area, or wildlife or waterfowl refuge of national , State, or local significance as determined by the Federal , State, or local officials having jurisdiction thereof, and it will not use any land from a historic site of national , state, or local significance, unless the Federal Government makes the findings required by 49 U.S.C . §§ 303(b) and 303(c). The Grantee also agrees to comply with joint FHW A/FTA regulations, "Parks, Recreation Areas , Wildlife and Waterfowl Refuges, and Historic Sites," 23 C .F .R. Parts 771 and 774 , and 49 C.F.R. Part 622, when promulgated. e . Wild and Scenic Rivers . The Grantee agrees to comply with appl icable p rovisions of the Wild and Scenic Rivers Act of 1968, as amended, 16 U .S .C . §§ 1271 through 1287, relating to protecting components of the national wild and scenic rivers system; and to the extent applicable, to comply with U.S . Forest Service regulations, "Wild and Scenic Rivers," 36 C.F .R. Part 297, and with U .S . Bureau of Land Management regulations, "Management Areas," 43 C.F.R. Part 8350. f. Coastal Zone Management. The Grantee agrees to assure Project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972, as amended, 16 U.S.C. §§ 1451 through 1465. g . Wetlands. The Grantee agrees to facilitate compliance with the protections for wetlands in accordance with Executive Order No. 11990, as amended, "Protection of Wetlands," at 42 U.S.C . § 4321 note. h . Floodplains. The Grantee agrees to comply with the flood hazards protections in floodplains in accordance with Executive Order No. 11988, as amended, "Floodplain Management," 42 U .S .C . § 4321 note. i. Endangered Species and Fisheries Conservation. The Grantee agrees to comply with protections for endangered species set forth in the Endangered Species Act of 1973, as amended , 16 U .S .C . §§ 1531 through 1544, and the Magnuson Stevens Fisheries Conservation Act, as amended, 16 U .S .C. §§ 1801 et seq . j . Historic Preservation. The Grantee agrees to encourage compliance with the Federal historic and archaeological preservation requirements of Section 106 of the National Historic Preservation Act, as amended , 16 U .S.C . § 470f; with Executive Order No. 11593, "Protec tio n and Enhancement of 05/27/2015 Pa ge 29 of 37 091817a HC BOC Page 64 the Cultural Environment," 16 U.S .C . § 470 note; and with the Archaeological and Historic Preservation Act of 1974, as amended, 16 U .S.C. §§ 469a through 469c, as follows: (1) In accordance with U.S. Advisory Council on Historic Preservation regulations , "Protection of Historic and Cultural Properties," 36 C.F.R. Part 800, the Grantee agrees to consult with the State Historic Preservation Officer concerning investigations to identify properties and resources included in or eligible for inclusion in the National Register of Historic Places that may be affected by the Project, and agrees to notify FTA of those properties that are affected. (2) The Grantee agrees to comply with all applicable Federal regulations and directives to avoid or mitigate adverse effects on those historic properties, except to the extent the Federal Government determines otherwise in writing. k . Indian Sacred Sites. The Grantee agrees to facilitate compliance with the preservation of places and objects of religious importance to American Indians, Eskimos, Aleuts, and Native Hawaiians, in compliance with the American Indian Religious Freedom Act, 42 U .S .C . § 1996, and with Executive Order No. 13007, "Indian Sacred Sites," 42 U .S.C . § 1996 note, except to the extent the Federal Government determines otherwise in writing . I. Mitigation of Adverse Environmental Effects. Should the proposed Project cause or result in adverse environmental effects, the Grantee agrees to take all reasonable measures to minimize the impact of those adverse effects, as required by 49 U.S.C . § 5324(b), and other applicable Federal laws and regulations, including 23 C.F.R. Part 771 and 49 C.F.R. Part 622. The Grantee agrees to comply with all environmental mitigation measures that may be identified as commitments in applicable environmental documents, (i.e., environmental assessments, environmental impact statements , memoranda of agreement, and other documents as required by 49 U.S.C . § 303) and agrees to comply with any conditions the Federal Government might impose in a finding of no significant impact or record of decision. The Grantee agrees that those environmental mitigation measures are incorporated by reference and made part of this Agreement for the Project. The Grantee also agrees that any deferred mitigation measures will be incorporated by reference and made part of this Agreement for the Project as soon as agreement with the Federal Government is reached . The Grantee agrees that those mitigation measures agreed upon may not be modified or withdrawn without the express written approval of the Federal Government. Section 24. Energy Conservation . The Grantee agrees to comply with the North Carolina Energy Policy Act of 1975 (N.C.G.S. 113B) issued in accordance with the Energy Policy and Conservation Act, as amended, 42 U.S .C. §§ 6321 et seq ., except to the extent that the Department determines otherwise in writing. To the extent applicable , the Grantee agrees to perform an energy assessment for any building constructed, reconstructed, or modified with FTA assistance, as provided in FTA regulations , "Requirements for Energy Assessments," 49 C .F .R. Part 622, Subpart C . Section 25. Charter Service Operations. The Grantee acknowledges that Federal and State requirements prohibit the use of vehicles, facilities and equipment funded by Federal or State grant programs for the provision of charter services unless it is determined that there are no willing and able charter operators in the service area . Federal law does not provide exceptions to these regulations for vehicles that are loaned or leased to other agencies or entities. The Grantee agrees that neither it nor any public transportation operator performing work in connection with a Project financed under 49 U.S .C . chapter 53 will engage in charter service operations, except as authorized by 49 U.S .C . § 5323(d) and FTA regulations , "Charter Service ," 49 C.F.R. Part 604 , and any subsequent Charter Service regulations or FTA directives that may be issued, except to the extent that FTA determines otherwise in writing . Any charter service agreement required by FTA regulations is incorporated by reference and made part of this Agreement for the Project. The Grantee understands and agrees that in addition to any remedy specified in the charter service agreement, if a pattern of violations of that agreement is found , the violator w ill be barred from receiving Federal transit assistance in an amount to be determined by FTA or U .S. DOT. 05/27/2015 Page 30 of 37 091817a HC BOC Page 65 Section 26. School Transportation Operations . The Grantee agrees that neither it nor any public transportation operator performing work in connection with a Project financed under 49 U.S.C. chapter 53 will engage in school transportation operations for the transportation of students or school personnel exclusively in competition with private school transportation operators , except as authorized by 49 U.S.C. §§ 5323(f) or (g), as applicable , and FTA regulations, "School Bus Operations," 49 C .F.R. Part 605, and any subsequent School Transportation Operations regulations or FTA directives that may be issued. Any school transportation operations agreement required by FTA regulations is incorporated by reference and made part of this Agreement for the Project. The Grantee understands and agrees that if it or an operator violates that school transportation operations agreement the violator will be barred from receiving Federal transit assistance in an amount to be determined by FTA or U.S. DOT. Section 27 . Geographic Information and Related Spatial Data . In accordance with U.S. 0MB Circular A-16, "Coordination of Geographic Information and Related Spatial Data Activities," August 19,2002, the Grantee agrees to implement its Project so that any activities involving spatial data and geographic information systems activities financed directly or indirectly, in whole or in part, by Federal assistance, consistent with the National Spatial Data infrastructure promulgated by the Federal Geographic Data Committee, except to the extent that FTA determines otherwise in writing . Section 28. Motor Carrier Safety. To the extent applicable, the Grantee agrees to comply with, and assures the compliance of its subrecipients, lessees, and third party Grantees with, applicable provisions of the following regulations promulgated by the U.S. Federal Motor Carrier Safety Administration (U.S. FMCSA): a . Financial Responsibility. The Grantee agrees as follows : (1) To the extent that the Grantee is engaged in interstate commerce and not within a defined commercial zone, the Grantee agrees to comply with U.S . FMCSA regu l ations, "Minimum Levels of Financial Responsibility for Motor Carriers," 49 U.S.C . Part 387, dealing with economic registration and insurance requirements . For recipients of Federal assistance under 49 U.S.C. §§ 5307, 5310, or 5311, 49 C.F .R. Part 387 is modified by 49 U.S.C. § 31138(e)(4) which reduces the amount of insurance required of such recipients to the highest amount of any state in which the transit provider operates. (2) To the extent that the Grantee is engaged in interstate commerce and not within a defined commercial zone and is not a unit of government (defined as Federal Government, a state, any political subdivision of a state or any agency established under a compact between states), the Grantee agrees to comply with U.S . FMCSA regulations, Subpart B, "Federal Motor Carrier Safety Regulations," at 49 C .F.R. Parts 390 through 396. b. Driver Qualifications. The Grantee agrees to comply with U.S. FMCSA's regulations, "Commercial Driver's License Standards, Requirements , and Penalties," 49 C .F.R. Part 383 . c . Substance Abuse Rules for Motor Carriers. The Grantee agrees to comply with U.S. FMCSA's regulations , "Drug and Alcohol Use and Testing Requirements," 49 C .F.R. Part 382, which apply to transit providers that operate a commercial motor vehicle that has a gross weight rating over 26,000 pounds or is designed to transport sixteen (16) or more passengers , including the driver. Section 29. Substance Abuse . To the extent applicable, the Grantee agrees to comply with the following Federal substance abuse regulations : a . Drug-Free Workplace . U.S. 0MB Guidance, "Goverernmentwide Requirements for Drug-Free Workplace (Financial Assistance)." 2 C .F. R. Part 182, U.S. DOT regulations, "Governmentwide Requirements for Drug-Free Workplace (Financial Assistance), 49 C.F.R. Part 32, that implement the Drug-Free Workplace Act of 1988, 41 U.S .C. §§ 701 et seq. b . Alcohol Misuse and Prohibited Drug Use. FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations ," 49 C .F.R. Part 655, that implement 49 U.S.C . § 5331. Section 30. Seat Belt Use. In accordance with Executive Order No. 13043, "Increasing Seat Belt Use in the United States," April 16 , 1997, 23 U. S. C . § 402 note, the Grantee is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that 05/27/2015 Page 3 1 of 37 091817a HC BOC Page 66 operate company-owned , rented, or personally operated vehicles , and to include this provision in any third party contracts, th ird party subcontracts , or subagreements involving the Project. Section 31 . Text Messaging While Driving. In accordance with Executive Order No. 13513, "Federal Leadership on Reducing Text Messaging While Driving," October 1, 2009, 23 U.S.C.A. § 402 note, and DOT Order 3902 .10, "Text Messaging While Driving," December 30, 2009, the Grantee is encouraged to comply with the term of the following Special Provision. a. Definitions. As used in this Special Provision: (1) "Driving " means operating a motor vehicle on a roadway, including while temporarily stationary because of traffic , a traffic light, stop sign, or otherwise. "Driving does not include being in your vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to remain stationary. (2) "Text Messaging" means reading from or entering data into any handheld or other electric device, including the purpose of short message service texting , e-mailing, instant messaging, obtaining navigating information, or engaging in any other form of electronic data retrieval or electronic data communication . The term does not include the use of a cell phone or other electronic device for the limited purpose of entering a telephone number to make an outgoing call or answer an incoming call, unless the practice is prohibited by State or local law. b. Safety. The Grantee is encouraged to: (1) Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving: (a) Grantee-owned or Grantee-rented vehicles or Government-owned, leased or rented vehicles ; (b) Privately-owned vehicles when on official Project related business or when performing any work for or on behalf of the Project; or (c) Any vehicle , on or off duty, and using an employer suppl ied electronic device. (2) Conduct workplace safety initiatives in a manner commensurate with the Grantee's size, such as : (a) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving ; and (b) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving . (3) Include this Special Provision in its subagreements with its subrecipients and third party contracts and also encourage its subrecipients, lessees , and third party Grantees to comply with the terms of this Special Provision, and include this Special Condition in each subagreement, lease, and third party contract at each tier financed with Federal assistance provided by the Federal Government. Section 32. Protection of Sensitive Security Information . To the extent appl icable , the Grantee agrees to comply with 49 U.S.C . § 40119(b) and implementing U.S. DOT regulations, "Protection of Sensitive Security Information," 49 C .F.R. Part 15, and with 49 U.S.C . § 114(s) and implementing U.S. Department of Homeland Security, Transportation Security Administration regulations, "Protection of Sensitive Security Information ," 49 C.F.R. Part 1520. Section 33. Disputes, Breaches. Defaults, or Other Litigation. The Grantee agrees that FT A and the Department have a vested interest in the settlement of any dispute, breach , default, or litigation involving the Project. Accordingly: a . Notification to the Department. The Grantee agrees to notify the Department in writing of any current or prospective major dispute, breach, default, or litigation that may affect the Federal/State Government's interests in the Project or the Federal/State Government's administration or enforcement of Federal/State laws or regulations . If the Grantee seeks to name the Federal/State Government as a party to litigation for any reason , in any forum , the Grantee agrees to inform the Department in writing before doing so. In turn , the Department shall be responsible for notifying FTA. 05/27/2015 Page 32 of 37 091817a HC BOC Page 67 b . Federal/State Interest in Recovery. The Federal/State Government retains the right to a proportionate share, based on the percentage of the Federal/State share awarded for the Project, of proceeds derived from any third party recovery, except that the Grantee may return any liquidated damages recovered to its Project Account in lieu of returning the Federal/State share to the Department. c. Enforcement. The Grantee agrees to pursue all legal rights provided within any third party contract. d. FTA and Department Concurrence . The FTA and the Department reserve the right to concur in any compromise or settlement of any claim involving the Project and the Grantee . e . Alternative Dispute Resolution. The Department encourages the Grantee to use alternative dispute resolution procedures, as may be appropriate . Section 34. Amendments/Revisions to the Project. The Grantee agrees that a change in Project circum~tances causing an inconsistency with the terms of this Agreement for the Project will require ~n amendment or revision to this Agreement for the Project signed by the original signatories or their authorized designees or successors. The Grantee agrees that a change in the fundamental information submitted in its Application will also require an Amendment to its Application or this Agreement for the Project. The Grantee agrees that the project will not incur any costs associated with the amendment or revision before receiving notification of approval from the division. The Grantee agrees that any requests for amendments and or revisions will be submitted in accordance with the polic ies and procedures established by FTA and the Department. Section 35. Information Obtained Through Internet Links. This Agreement may include electronic links/Web site addresses to Federal/State laws, regulations , and directives as well as other information . The Department does not guarantee the accuracy of information accessed through such links. Accordingly, the Grantee agrees that information obtained through any electronic link with in this Agreement does not represent an official version of a Federal/State law, regulation , or directive, and might be inaccurate. Thus , information obtained through such links is neither incorporated by reference nor made part of this Agreement. The Federal Register and the Code of Federal Regulations are the official sources for regulatory information pertaining to the Federal Government. Section 36. Severability. If any provision of the FTA Master Agreement or this Agreement for the Project is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable Federal/State laws or regulations . Section 37. Termination of Agreement. a. The Department of Transportat ion. In the event of the Grantee's noncompliance with any of the provisions of this Agreement, the Department may suspend or terminate the Agreement by giving the Grantee thirty (30) days advance notice. Any failure to make reasonable progress on the Project or violation of this Agreement for the Project that endangers substantial performance of the Project shall provide sufficient grounds for the Department to terminate the Agreement for the Project. In general, termination of Federal and State assistance for the Project will not invalidate obligations properly incurred by the Grantee before the termination date to the extent those obligations cannot be canceled. If, however, the Department determines that the Grantee has willfully misused Federal/State assistance by failing to make adequate progress , failing to make reasonable and appropriate use of Project property, or failing to comply with the terms of this Agreement for the Project, the Department reserves the right to require the Grantee to refund the entire amount of Federal and State assistance provided for the Project or any lesser amount as the Department may determine. Expiration of any Project time period established for the Project does not, by itself, constitute an expiration or termination of the Agreement for the Project. The Department, before issuing notice of Agreement termination, shall allow the Grantee a reasonable opportunity to correct for noncompliance . Upon noncompliance with the nond iscrimination section (Section 8) of this Agreement or with any of the said rules, regulations or orders , this Agreement may be cancelled, terminated , or suspended in whole or in part and the Grantee may be declared ineligible for contracts in accordance with procedures authorized in Exec utive Orders No . 11246 and No . 11375, and such other sanctions may be imposed and remedies invoked as provided in 05/27/2015 Page 33 of 37 091817a HC BOC Page 68 b . the sa id Executive Order or by rule , regulation or order of the Secretary of Labor, or as otherwise provided by law. In addition to the Department's rights of termination described above, the Department may terminate its participation in the Project by notifying and receiving the concurrence of the Grantee within sixty (60) days in advance of such termination . The Grantee. The Grantee may terminate its participation in the Project by notifying and receiving the concurrence of the Department sixty (60) days in advance of the termination . 05/27/2015 Page 34 of 37 091817a HC BOC Page 69 Section 38. Contract Administrators . All notices permitted or required to be given by one Party to the other and all questions about this Agreement from one Party to the other shall be addressed and delivered to the other Party's Contract Administrator. The name, postal address, street address, telephone number, fax number, and email address of the Parties' respective initial Contract Administrators are set out below. Either Party may change the name, postal address, street address, telephone number, fax number, or email address of its Contract Administrator by giving timely written notice to the other Party. F th D rt t or e epa men: IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Name: MS MYRA FREEMAN Name: MS MYRA FREEMAN Title: FINANCIAL MANAGER Title : FINANCIAL MANAGER Agency: NCDOT/PTD Agency: NCDOT/PTD MSC : 1550 MSC Street TRANSPORTATION BLDG Address: 1 S WILMINGTON ST RM 524 City/Zip : RALEIGH NC 27699-1550 City : RALEIGH NC 27601 Phone : 919-707-4672 Fax: 919-733-2304 Email: MSFREEMAN1 @NCDOT.GOV For the Grantee: IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Name: ·6-.r~ Bku,ns N.ame: '6c.r1:J A. Bkv,ns Title: Gl!.ne.rc... 'Se..("V1c..e.s Dire..c....'tor Title: G.c.Y)c.'C'G.\ S....-"'1a~ '0,.-ed or Agency: H c.rv-,e.+; A,-e.r,., ia.rc..,\ I N-n&lf ~del'r\ Agency: ~orr,t-t\' A<"~o. ,"2...rc..11' r ... nsii s'1~"" Postal Street 2.oo Ak)a~e.., Dr Address: '?O Y, ~ 25 Address: City/Zip: L1Uint)hY1 l .,f\JL City: L,11,~~hY") }..)C;'l_ ,S'-lb Phone: q \0-&'13-,si1o Fax: C\ 10-&1y -€2<>3 Email: bble.iJi1's@J h£l1"nd4, or" Section 39. Federal Certification Regarding Lobbying . The Grantee certifies, by signing this Agreement, its compliance with Subsection 6d of this Agreement. Section 40. Federal Certification Regarding Debarment. The Grantee certifies, by signing this Agreement, its compliance with Subsection 6b of this Agreement. Section 41. Federal Certification Regarding Alcohol Misuse and Prohibited Drug Use. As required by FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," at 49 C.F.R. part 655, subpart I, the Grantee certifies, by signing this Agreement, that it has established and implemented an alcohol misuse and anti-drug program, and has complied with or will comply with all applicable requirements of FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 C.F.R. part 655, and Section 28 of this Agreement. Section 42. Ethics Acknowledgement Policy on Gifts. N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. The Grantee certifies, by signing this Agreement, its compliance with Subsection 6a of this Agreement. 05/27/2015 Page 35 of 37 091817a HC BOC Page 70 NORTH CAROLINA DEPARTMENT OF PUBLIC TRANSPORTION offers only one combined Capital Application for 5310, 5311 , and 5339 requests. In order to maximize the use of federal capital funds , we have funded your application using 5311 . By signing this agreement, you acknowledge and understand this funding source change and agree with the terms of this agreement. IN WITNESS WHEREOF, this Agreement has been executed by the Department, an agency of the State of North Carolina , and the Grantee by and through a duly authorized representative , and is effective the date and year first above written. COUNTY OF HARNETT GRANTEE'S FEDERAL TAX ID NUMBER: ....,,,5 ~b'---_..,.b::.__::0::.....;0=-=Q--=3'--'Q:::;_;,tJ...__ _____ _ ATIEST: TITLE : ATIEST: TITLE: 05/27/2015 GRANTEE'S FISCAL YEAR END : JUNE 30, 2018 SECRETARY BY: TITLE: CHAIRPERSON (SEAL) DEPARTMENT OF TRANSPORTATION BY: TITLE: DEPUTY SECRETARY FOR TRANSIT TH~INST~U~~Nl HAS BEEN P'REAUDITE D IN THE MANNER REQUIR EL iYTHE OC GOVERNMENTBUDGET ND I A CO OLACli Page 36 of 37 091817a HC BOC Page 71 Attachment Certification Regarding Lobbying (for bids and/or awards) The Grantee certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress , an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan , the entering into of any cooperative agreement, and the extension, continuation , renewal , amendment, or modification of any Federal contract, grant, loan , or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress , an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan , or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL , "Disclosure Form to Report Lobbying," in accordance with its instructions . (3) The Grantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants , and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31 , U.S . Code . Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10 ,000 and not more than $100,000 for each such failure . Grantee's Authorized Representative: Title: --------------------------------- 05/27/2015 Page 37 of 37 091817a HC BOC Page 72 State Grant Certification -No Overdue Tax Debts or Conflicts of Interest For Individual Grantees Date: To: [Granting Agency] Certification: We certify that, _______ County_of_Harnett does not have any overdue tax debts, as defined by N.C.G.S . 105-243.1, at the federal, State, or local level. I further certify that I will not use funds awarded by this grant to satisfy any subsequent tax obligations. Additionally, _______ County_of_Harnett ______________________ _, does not have any conflicts of interest with any employees of [Granting Agency], or any governing Board as defined by North Carolina G.S.143-6-23(b)(c). I further understand that a false statement made is in violation of N.C.G .S. 143-6-23 and such false statement would be a criminal offense punishable as provided by N.C.G.S. 143C-10-1. Sworn Statement: We, _____ County of Harnett _______________ al so acknowledge and understand that any misuse of State funds will be reported to the appropriate authorities for further action. Name /Title Sworn to and sub scribed before me on the day of the date of said certification. My Commi ssion Expires : _______ _ (Notary Signature and Seal) Rev ise d 2/11 091817a HC BOC Page 73 ST A TE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER GOVERNOR JAMES H. TROGDON, III SECRETARY Mr. Jim Burgin, Chairperson County of Hamett Post Office Box 759 Lillington, North Carolina 27546-0759 July 24, 2017 RE: FY18 Community Transportation Program (Section 5311) Project No. 18-CT-040 WBS Element No(s). 36233.50.20.1 (Admin) 36233.50.20.3/36233.50.20.4 (Cap) Agreement No.(s) TBD Period of Performance: 7 /1 /17 -6/30/18 Dear Mr. Burgin: On March 9, 2017, the Board ofTransportation approved your organization's request for a FYI 8 5311 Community Transportation grant in the amount of $368 ,074. The agreement to be executed between County of Hamett and NCDOT is enclosed. The individual authorized to enter into this agreement for the financial assistance on behalf of your agency will sign the agreement. Please provide a copy of the agreement to all parties that will be involved in the administration of the grant, and request that the agreement be reviewed carefully. Instructions for completion of the grant agreement process are enclosed. Please refer to Section 7 of the grant agreement that requires sub-recipients to submit monthly or quarterly requests for reimbursement. If you have any question related to the grant agreement, please contact Myra Freeman, Financial Manager at 919-707-4672 or your assigned Accounting Specialist. In any correspondence, please reference your assigned project number, WBS element, Agreement number and period of performance referenced on this Jetter. DC\mf Attachments Sincerely, ~1:,.;.Ll,~ Debbie Collins Director /,ocation: Mailing Address: NC DEPARlMENT OF lRANSPORTATION PUBLIC TRANSPORTATION DMSION 1550 MAIL SERV ICE CENTER Telephone: (919) 707-%70 Fax: (919) 733-1391 Customer S ervice: 1-877 -368-4968 I so~ WILMINGTON STREET RALEIGH , NC 27601 RALEIGH, NC 27699-1550 Website : www .ncdot.gov 091817a HC BOC Page 74 APPENDIX A NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION PROJECT NUMBER: 18-CT-040 APPROVED BUDGET SUMMARY EFFECTIVE DATE 7/1/2017 PROJECT SPONSOR: COUNTY OF HARNETT PROJECT DESCRIPTION: FY2018 COMMUNITY TRANSPORTATION PROGRAM I. TOTAL PROJECT EXPENDITURES DEPARTMENT · 4521 ADMINISTRATION· 36233.50.20 .1 PERIOD OF PERFORMANCE J ULY 01, 2017 -JUNE 30, 2018 DEPARTMENT -4523 CAPITAL I -ROLLING STOCK 36233.50 .20.3 PERIOD OF PERFORMANCE JULY 01, 2017 -JUNE 30, 2018 )EPARTMENT-4523 CAPITAL JI. SUPPORT EQUIP AND FACILITIES 36233.50.20.4 PERIOD OF PERFORMANCE JULY 01 , 2017 • JUNE 30, 2018 II . TOTAL PROJECT FUNDING TOTAL FEDERAL 100% 80% ADMINISTRATION -36233.50.20.1 $277 ,898 $222 ,3 18 AGREEMENT# CAPITAL I -ROLLING STOCK 36233.50.20.3 TOTAL FEDERAL AGREEMENT# 100% 80% $113 ,500 $90,800 CAPITAL II -SUPPORT EQUIP & FACILI 36233.50.20.4 TOTAL FEDERAL AGREEMENT# 100% 80% $33,014 $26,411 TOTAL $424,412 $339,529 $277 ,898 $113 ,500 $33,014 STATE LOCAL 5% 15% $13,894 $41 ,686 STATE LOCAL 10% 10% $11,350 $11 ,3 50 STATE LOCAL 10% 10% $3,301 $3,302 $28,545 $56 ,338 091817a HC BOC Page 75 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION APPROVED PROJECT BUDGET PROJECT: 18-CT-040 SPONSOR: COUNTY OF HARNETT WBS: 36233.50.20 .1 DEPARTMENT 4521 -ADMINISTRATION APPROVED TITLE -OBJECT BUDGET G121 SALARIES AND WAGES -FULL TIME 124,965 G127 SALARIES AND WAGES -LONGEVITY 499 G181 Social Sec. Contrib. 9598 G182 Retirement Contrib. 11 ,380 G183 Hosp. Ins. Contrib . 30,000 G185 Unemp. Comp. Contrib 1,255 G186 Workers Comp Cont. 11,135 G197 Drug & Alcohol Test 2,000 G212 Uniforms 6,301 G261 Office Sup & Mat. 2 ,501 G291 Computer Supplies 500 G311 Travel 2,500 G312 Travel Subsis. 2 ,000 G321 Telephone Service 2 ,000 G325 Postage 300 G331 Electricity 4 ,500 G333 Natural Gas 2,000 G334 Water 700 G335 Sewer 600 G341 Printing & Reprod 1,000 G357 Rep & Maint-Commun . 5,100 G371 Mrktng .Paid Adv 5,509 G372 Promotional Items 1,377 G391 Legal Advertising 600 G395 Training-Employ Edu . 3 ,500 G431 Lease Reproduct Eq 276 G433 Lease Communicate Eq 10,200 G452 Insurance-Vehicles 16,955 G481 C entral Services 17,847 G491 Dues and Subs cript 800 TOTAL ADMINSTRATION 277,898 Approved Ad m in Budget Page 2 of 6 091817a HC BOC Page 76 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION APPROVED PROJECT BUDGET SALARY AND WAGE DETAIL PROJECT: 18-CT-040 SPONSOR: COUNTY OF HARNETT SQNO 01 02 03 04 POSITION NO % ·-----------------------------1:>l:PT.-4521 OB"JE<!T-C-ODE-i2r------· TRANSIT SERV. MGR. 01 100% TRANSIT SERV. ASST. 01 100% ADMIN SUPP. SPECIALIST 01 100% DATA/ADMIN SUPP. SPEC. 01 100% TOTAL • OBJECT CODE 121 DEPT. 4521 OBJECT CODE 125 TOTAL-OBJECT CODE 125 DEPT. 4521 OBJECT CODE 126 TOT AL • OBJECT CODE 126 TOTAL DEPT. 4521 SALARIES AND WAGES Approved Salary and Wage Detail FTE RATE $ 41,820 $ 26,016 $ 33,214 $ 23,915 $ 3 of 6 091817a HC BOC Page 77 BUDGET ·------------------- $ 41,820 $ 26,016 $ 33,214 $ 23,915 $ 124,965 $ $ $ $ $ $ $ $ $ .$ $ $ $ 124,965 Approved Salary and Wage Detail 4 of 6 091817a HC BOC Page 78 PROJECT : SPONSOR: WBS: NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION APPROVED PROJECT BUDGET 18-CT-040 COUNTY OF HARNETT 36233 .50 .20 .3 DEPARTMENT 4523-CAPITAL I ROLLING STOCK OBJECT -TITLE G545 G548 High-top vehicle(R) Lift-Equip Conver Van Rpl DEPARTMENT 4523-CAPITAL II SUPPORT EQUIP AND FACILITIES APPROVED BUDGET 52,500 61 ,000 113,500 -------------------------------------------------------------------------------·-----------... ------------· WBS:36233 .50.20.4 OBJECT -TITLE G538 G521 TOT AL CAPITAL Fencing/Lighting Personal Computer Approved Capital Budget APPROVED BUDGET • w lt,¢1 ... --- 30,000 3,014 33,014 146,514 Page 5 of 6 091817a HC BOC Page 79 Board Meeting Agenda Item Agenda Item 4-H MEETING DATE: September 18, 2017 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Resolution to Apply for Asset Inventory Assessment Grant REQUESTED BY: Steve Ward, HCDPU Director REQUEST: This is a formal request for the Board to authorize HCDPU to apply for a $150,000 grant for the purpose of developing a asset management plan. The plan will consist of a complete utility asset inventory to include the condition assessment of all of our critical assets. This asset management plan will then become critical in formulating future asset replacement strategies. This grant requires a local match (20% maximum match) that is determined by the funding agency (North Carolina Division of Water Infrastructure). The application deadline is September 29th of this month. HCDPU intends to utilize the services of WR Martin Consultants in the preparation of this application. Please place this item on the consent agenda at the next meeting. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\User s\gwheeler\AppData\Local\Microso ft\ Windows\INetCache\ContentOutlook\TPTEQC L VWA Grant Resolution Age nd Request 9-11-1 7.doc Page 1 of 1 091817a HC BOC Page 80 Harnett ,,.--;:-, ... C O U N T Y ..__--...1-=---' NOR TH CARO LI N A www.harnett.org RESOLUTION BY HARNETI COUNTY BOARD OF COMMISSIONERS WHEREAS, The Federal Clean Water Act Amendments of 1987 and the North Carolina the Water Infrastructure Act of 2005 (NCGS 159G) have authorized the making ofloans and grants to aid eligible units of government in financing the cost of asset inventory and assessment and construction projects related to wastewater treatment works, wastewater collection system, stream restoration, stormwater treatment, drinking water treatment works, and/or drinking water distribution system or other "green" project, and WHEREAS, Harnett County has need for and intends to develop asset inventories, condition assessment of critical assets, and other components of comprehensive asset management programs for water, and WHEREAS, Harnett County intends to request state grant assistance for the project, NOW THEREFORE BE IT RESOLVED, BY THE HARNETT COUNTY BOARD OF COMMISSIONERS: That Harnett County, the Applicant, will arrange financing for all remaining costs of the project, if approved for a State grant award. That Joseph Jeffries, County Manager, the Authorized Official, and successors so titled, is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a grant to aid in the completion of the project described above. That the Authorized Official, and successors so titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project: to make the assurances as contained above; and to execute such other documents as may be required in connection with the application. That the Applicant has substantially complied or will substantially comply with all Federal , State, and local laws , rules, regulations, and ordinances applicable to the project and to Federal and State grants pertaining thereto. Adopted this the 18th of September, 2017 at Lillington, North Carolina. (Signature of Chief Executive Officer) Chairman of the Board of Commissioners (Title) stro ng roots • new growth 091817a HC BOC Page 81 Harnet t COUNTY CERTIFICATION BY RECORDING OFFICER The undersigned duly qualified and acting Clerk of Harnett County does hereby certify: That the above/attached resolution is a true and correct copy of the resolution authorizing the filing of an application with the State of North Carolina, as regularly adopted at a legally convened meeting of the (name of governing body of applicant) duly held on the ___ day of ______ _, 20 __ ; and, further, that such resolution has been fully recorded in the journal of proceedings and records in www.harnett.org my office. IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of ______ _, 20_. (Signature of Recording Officer) (Title of Recording Officer) st rong roots • new growth 091817a HC BOC Page 82 Board Meeting Agenda Item Agenda Item 4-1 MEETING DA TE: September 18, 2017 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Architectural Services for the new Government Complex and DSS Renovations REQUESTED BY: Amanda Bader, PE, County Engineer REQUEST: Request tentative award of the architectural service contract to Little Diversified Architectural Consulting. A selection committee of the County Manager, Deputy County Manager, Public Utilities Director, Community & Government Relations Director, and the County Engineer reviewed six (6) Statements of Qualification. Three firms were invited for interviews with the committee: Little, Gensler, and Davis Kane Architects. Little was ultimately selected because of their programming experience with two recent DSS projects, their innovative design approach, and their attention to cost control. In order to optimize the new space and to efficiently backfill the current DSS, additional programming is needed. At the end of this programming phase, the budget allocation between the new construction and renovation will be determined and architectural fees will be negotiated accordingly. The final contract will be brought before the Board for review. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\gwheeler\AppDa ta\Local\Microsoft\ Wind ows\J NetCache\Content.O utlo ok\TPTEQC L V\architectura l servi ces.doc Page I of2 091817a HC BOC Page 83 Agenda Item ~ PROCLAMATION CONGRATULATING THE DUNN ANGELS 10-UNDER ALL-STARS ON WINNING THE 2017 DIXIE SOFTBALL WORLD SERIES CHAMPIONSIDP WHEREAS, the Dunn Angels 10-under All-Stars softball team, based out of Hamett County, is to be commended for an exemplary season; and WHEREAS, this year the team won the second consecutive Dixie Softball North Carolina State Championship for Dunn in the Angels (IO-under) age bracket; and WHEREAS, the team represented North Carolina in the 2017 Dixie Softball World Series Championship in Alexandria, Louisiana, and became World Series Champions on Wednesday, August 2, 2017, beating South Carolina by a score of 2-to-1; and WHEREAS, during their championship performance, the team held the competition to just 12 runs during all-star play; and WHEREAS, the team's success is a testament to their teamwork, dedication, and determination, and has brought pride to Harnett County and its citizens; and WHEREAS, members of the Dunn Angels IO-under All-Stars include Aubree Bass, Karabeth Benton, Berkley Campbell, Jordyn Christopher, Stephanie Davis, Harmony Horne, Lindsey Knoll, Eva McLamb, Jazmin Rummel, Emily Scott, and Emily Williams; and coaches Jeremy Bass, David Horne, and Richard Rummel; and NOW, THEREFORE, BE IT REOL VED that the Hamett County Board of Commissioners does hereby recognize and commend the Dunn Angels 10-under All Stars and coaching staff for their accomplishments during the 2017 Dixie Softball World Series Championship. ADOPTED this 181h day of September, 2017. HARNETT COUNTY BOARD OF COMMISSIONERS C. Gordon Springle, Chairman Joe Miller, Vice Chairman Abe Elmore Barbara McKoy Howard Penny 091817a HC BOC Page 84 AGENDA ITEM 7 SEPTEMBER 18, 2017 APPOINTMENTS NEEDED ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE We have three (3) vacancies on this committee. HARNETT COUNTY AIRPORT COMMITTEE We have a vacancy for a District 5 member to serve on this committee. HARNETT COUNTY BOARD OF ADJUSTMENT We have one (1) vacancy for an alternate members for District 3. HARNETT COUNTY COUNCIL FOR WOMEN We have (5) vacancies on this council. HOME AND COMMUNITY CARE BLOCK GRANT COMMITTEE We have two (2) vacancies on this committee. MID-CAROLINA AGING ADVISORY COMMITTEE We have two (2) vacancies on this committee. NURSING HOME COMMUNITY ADVISORY COMMITTEE We have (2) vacancies on the board Page 1 -Appointments 091817a HC BOC Page 85 Board Meeting Agenda Item Agenda Item 8 MEETING DATE: September 18, 2017 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Hearing and consider request for refund of excise tax REQUESTED BY: Kim Hargrove, Register of Deeds REQUEST: We have a customer requesting a refund of the excise on a deed recorded in Hamett County that should have been recorded in Sampson County instead. NC General Statute 105-228.37 states a Board of Commissioners must conduct a hearing on a request for refund. A copy of the general statute, the deed, corrective document filed and the letter requesting the refund are attached. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: P:\BOC\agendaform20 l 7RoD.doc Page I of I 091817a HC BOC Page 86 § 105-228.37. Refund of overpayment of tax. (a) Refund Request. -A taxpayer who pays more tax than is due under this Article may request a refund of the overpayment by filing a written request for a refund with the board of county commissioners of the county where the tax was paid. The request must be filed within six months after the date the tax was paid and must explain why the taxpayer believes a refund is due. (b) Hearing by County. -A board of county commissioners must conduct a hearing on a request for refund. Within 60 days after a timely request for a refund has been filed and at least IO days before the date set for the hearing, the board must notify the taxpayer in writing of the time and place at which the hearing will be conducted. The date set for the hearing must be within 90 days after the timely request for a hearing was filed or at a later date mutually agreed upon by the taxpayer and the board. The board must make a decision on the requested refund within 90 days after conducting a hearing under this subsection. (c) Process if Refund Granted. -If the board of commissioners decides that a refund is due, it must refund the overpayment, together with any applicable interest, to the taxpayer and inform the Department of the refund. The Department may assess the taxpayer for the amount of the refund in accordance with G.S. 105-241.9 if the Department disagrees with the board's decision. (d) Process if Refund Denied. -If the board of commissioners finds that no refund is due, the written decision of the board must inform the taxpayer that the taxpayer may request a departmental review of the denial of the refund in accordance with the procedures set out in G .S. I 05-241.11. (e) Recording Correct Deed. -Before a tax is refunded, the taxpayer must record a new instrument reflecting the correct amount of tax due. If no tax is due because an instrument was recorded in the wrong county, then the taxpayer must record a document stating that no tax was owed because the instrument being corrected was recorded in the wrong county. The taxpayer must include in the document the names of the granters and grantees and the deed book and page number of the instrument being corrected . When a taxpayer records a corrected instrument, the taxpayer mu st inform the register of deeds that the instrument being recorded is a correcting instrument. The taxpayer must give the register of deeds a copy of the decision granting the refund that shows the correct amount of tax due. The correcting instrument must include the deed book and page number of the instrument being corrected. The register of deeds must notify the county finance officer and the Secretary when the correcting instrument has been recorded. (f) Interest. -An overpayment of tax bears interest at the rate established in G.S. I 05-241.21 from the date that interest begins to accrue. Interest begins to accrue on an overpayment 30 days after the request for a refund is filed by the taxpayer with the board of county commissioners. (2000-170, s. 2; 2007-491 , s. 24; 2011-330, s. 30(a).) G.S. I 05-228.37 Page I 091817a HC BOC Page 87 B3532 -P932 FOR REGISTRATION Kimberly S . Hargrove REGISTER OF DEEDS Harnett County NC 2017 AUG 15 12 :16 :29 BK :3532 PG :932-933 Fii :$26.H INSTRUMENT# 2017012230 TUE:STER I ~ I ~ IUII ! i I 2017012230 COVERSHEET Act of Correction RECORDED IN HARNETT COUNTY KIMBERLY S HARGROVE REGISTER OF DEEDS 091817a HC BOC Page 88 Prepared by Sean Depp - Real Advantage, LLC Pinsburgh. PA 83532 -P933 ACT OF CORRECTION Affiant ~\0\0\,t \ \Jel,(.JM.0 -OrA"4e C..oo.s J-L-e.N~ Se~li<:.RS. (Name and Company) hereby swears or affirms that a certain Special Warranty Deed between Wells Fargo Bank N.A.(Grantor) and Boyce G room s, Jr (Grantee) was recorded in Hamett County, NC on 6/21/2017 in Book 3516, PG 8- 10, Instrument# 2017009025 in error. Affiant makes this Affidavit according to section (e) ofG.S. Article 105-228 .37 for the purpose to be refunded the $ I 72.00 in excise tax paid to the county si nce deed was recorded in the county in error and no ta,ces were owed. State of PwtJ.5YLil~ A,11 A County of /1 u. Ee, ~i:tV '/ (Space Below This Line For Ackn owledgment) --------- On this / l/ day of /1: U(-, U:'> 1 , 2017, before me personally appeared fl1,cH8€L Heun~N to me known to be the person (or persons ) described in and who execute that he/she/they executed it as his/her/their free act and deed . ONWEAL'Tl-f OF PENNSYLVANIA NOTARIAL SEAL 81!1Mon Ta~. Notary Public Cl'lftdi.y Twp., Allegheny County ll!lmllllon EXJ)I,., Sept 15, 2020 Notary Public 5H{\N N oN /AlllOi!- Print Name /3008'13 Notary Identificat ion Number My Commission expires: Oq lj $-b 02 0 091817a HC BOC Page 89 Excise Tax: $172.00 Tax ID#: 14015299701 83516 -P8 FOR REGISTRATION Kimberly S. Hararove REGISTER OF EEDS Harnett County NC 2017 JUN 21 12:11:21 BK:3516 PC:8-10 FEE:$26.00 EXCISE TAX: $172 .00 INSTRUMENT ij 2017009025 MATT WILLIS m1 2017009025 Mail after recording to: Orange Coast Lender Services I 000 Commerce Drive, Suite 520, Pittsburgh, PA 15275 ~11~1 This instrument was prepared by: PC Law Associates (no title examination), 11610 North Community House Road , Suite 200, Charlotte, NC 28277 A licensed North Carolina Attorney. Delinquent taxes, if any, are to be paid by the closing attorney to the County Tax Collector upon disbursement of the closing proceeds. NORTH CAROLINA SPECIAL WARRANTY DEED TITLE NOT CERTIFIED -TITLE NOT EXAMfNED BY PREPARER THIS DEED, by and between WELLS FARGO BANK N.A. Mailing Address: BOYCE GROOMS, JR., a widow Mailing Address: 8480 Staf{ecoach Circle, Frederick, MD 21701 2804 Fairmont Drive, Clayton, NC 27520 The property does not include the primary residence of Granter. The designation Grantor and Grantee as used herein shall include said parties, the ir heirs, successors, and assigns, and s hall include singular, plural, masculine , feminine o r neuter as required by context. WITNESSETH : Grantor, for good and valuable consideration paid by the Grantee, the receipt and s ufficiency of which is hereby acknowledged, has and by these presents does grant, bargain, se ll and convey unto the Grantee in fee simp le , all 220-NC-V4 Asset Nu mber: 0088338413 091817a HC BOC Page 90 83516 -pg that certain lot or parcel of land situated in Sampson County, North Carolina, and more particularly described as follows: Sec Attached Exhibit A Parcel ro: 14015299701 Address: 65 Sunrise Lane, Dunn, North Carolina 28334 The property hereinabove described was acquired by the Grantor by instrument recorded in Book 1969, Page 299, Sampson County Public Register of Deeds. A map showing the above described property is recorded in Map Book 28, Page 59. TO HA VE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Subject to easements, restrictions and rights of way of record. fN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its corporate name by its duly authorized office by authority of its Board of Directors, on this Z 3 day of~' 20 Jl_. WELLS FARGO BANK N.A. Name:------------ LINDSAY DORAN . Its : Vice Pre~idear I oao Documentation State of Iowa County Dallas On this J3 day of rn ,~J , A.D ., 20 _!l_, before me, a Notary Public in and for said county, personalty appeared L,· .... J.~ .. ~ .D or ""·;.. #.D , to me personally known, who being by me duly swo rn (or affirmed) did say that t~t person is IIYLS) (title) of said WELLS FARGO BANK, N.A. by authority of its board of (directors or trustees) and the said (officer 's name) L, "d,2,,J Dor-cu''-acknowledged the execution of said instrument to be the vo lu ntary act and deed of sa10 (corporation o r association) by it voluntarily executed. ~ ~ (Signature) (Stamp or Seal) NotaryP~ Asset Number: 0088 338413 "'" s LANCE DRAEGER o~A0 "'r Comm1ssion Number 803556 ~ ~:-My Commiss,on Expires ,ow• March 29 , 2020 220-NC-V4 091817a HC BOC Page 91 63516 · P10 EXHIBIT A LEGAL DESCRIPTION Being all of that tract of real property designated as Tract 2 composed of 2.00 acres or less as shown on that plat entitled, "Property of Jack T. Sabatino and wife, Judy L. Sabatino" dated June 26, 1995 by Piedmont Surveying of Dunn, NC which said map is recorded in Map Book 28, Page 59, (incorrectly referenced as Map Book 28, Page 49 on Deed of Trust recorded in Book 1602 at Page 203), Sampson County Registry. Together with a 20' wide easement for ingress-egress purposes from NC Highway 55 to the above described tract which was conveyed by Raymond Dock Ellington, Jr and wife, Dianne B. Ellington in that Deed of Easement recorded in Book 1230, Page 380, Sampson County Registry. Being all of that certain property conveyed t o WELLS FARGO BANK, N.A. from GRADY I. INGLE, Substitute Trustee for WILLIAM R . ECHOLS, Trustee, by deed dated March 8, 2017, and recorded March 9, 2017, in Book 1969, Page 299 of official records. Commonly known as: 65 Sunrise Lane, Dunn, North Carolina 28334 Parcel ID: 14015299701 220-NC-V4 Asset Number: 0088338413 091817a HC BOC Page 92 ORANGE COAST -LENDER SERVICES -' .._ ()I,,,. 0,,.-91 c.»,t F-1)' d Ctlt'rf ""' 1000 Commerce Drive , Suite 520, Pittsburgh, PA 15275 Phone: 877-788-2923 Fax: 412-788-2925 www.oclenderservices.com Hello Kimberly, I am writing this letter on behalf of my company to request the refund of $172 .00 paid to the county for excise tax on a deed that was recorded in the county in error on 6/2/17. In order to be granted this refund according to section (e) of Article I 05-22837,my company submitted an act of correction disclosing the error and was recorded on 8/15/2017, Book 3532, pg 932-933 , instr# 2017012230 in the county. Please let me know what the next step is in order to be granted this refund. Thanks , Mike Herman Team Leader Document audi t/recording 412-446-0608 Michaelh@ oclenderservic es .com 091817a HC BOC Page 93 Board Meeting Agenda Item Agenda Item .2 MEETING DATE: September 18, 2017 TO : HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Zoning Change: Case# RZ-17-352 REQUESTED BY: Development Services/ Mark Locklear REQUEST: Landowner/Applicant : Benjamin Lee Murray,; 3.71 +/-acres ; Pin# 0651-97-5662.000; From RA-40 to RA-30 Zoning District; SR# 1436 (Matthews Road); Neill 's Creek Township. Development Services staff reccomends approval based on the adjacent zoning compatability as well as the Land Use Plan. Additional Information: On September 5th , the Harnett County Planning Board voted unanimously (5-0) to r ecommend approval based on proposed use of single family r es idenital therefore maintaining the compatability between RA-40 and RA-30 . No one attended the meeting in opposition. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C :\U sers\gwheeler\App Data\Local\Mi crosoft \ W indows \INetCache\C ontent. Outlook\ T PTEQCL V\M u rray _ CCagenda fo rm _9. 18.17 .doc Page I of I 091817a HC BOC Page 94 Harnett COUNTY NO 1 /\RJLJN, REZONING STAFF REPORT Case : RZ-17-352 Jay Sikes, Mgr. of Planning Services isi kes@harnett. orq Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: September 5, 2017 County Commissioners: September 18, 2017 Re uestin a Rezonin from RA-40 to RA-30 Applicant Information Owner of Record: Name: Benjamin Lee Murray (formerly Allan Bryan Murray, Jr) Address : 1810 Matthews Rd City/State/Zip : Lillington, NC 27546 Property Description PIN(s): 0651 -97-5662 Address/SR No.: Matthews Rd (SR 1436) Township: D (01) Anderson Creek D (02) Averasboro D (03) Barbecue D (05) Buckhorn D (06) Duke D (07) Grove Applicant: Name: Benjamin Lee Murray/ Allan Bryant Murray, Jr Address: 1810 Matthews Rd City/State/Zip : Lillington, NC 27546 Acreage: _3_._7_1 ___ _ D (09) Johnsonville D (10) Lillington D (04) Black River D (08) Hectors Creek ~ (11) Neill's Creek D (12) Stewart's Creek D (13) Upper Little River Page 1 of 5 STAFF REPORT 091817a HC BOC Page 95 Site Description: This parcel is currently vacant. s per the application, the intent is to utilize this property for residential purposes. *A manufactured home is not permitted in RA- 40 . Within RA-30, doublewides are permitted provided they meet certain design criteria, min 1 ' acre & brick/ masonry underpinning are included in this. Services Available Water: (gj Public (Harnett County) D Private (Well) D Other: Unverified Sewer: D Public (Harnett County) [:8J Private (Septic Tank) D Other : unverified Zoning District Compatibility The following is a summary list of general uses, or actual permitted uses refer to the Zoning Ordinance. Page 2 of 5 Surrounding Land Uses include: acant/undeveloped and agricultural land. Also, single family residential uses consisting of stick- built & manufactured homes. Transportation: Annual Daily Traffic Count: Unavailable Site Distances : moderate CURRENT REQUESTED RA-40 RA-30 Parks & Rec X X X X Bona Fide Farms X X Single Family X X Manufactured Homes, Design X (with Re ulated criteria X X Institutional X X Wholesale Industrial Manufacturing STAFF REPORT 091817a HC BOC Page 96 Evaluation C8J Yes D No Zoning Map ZONING LAND USE Parks & Rec Natural Preserves Bona Fide Farms Si ngle Family Manufactured Homes, Design Regulated Manufactured Homes Multi-Family Institutional Commercial Service Retail Wholesale Industrial Manufacturing RA -30 X X X X X X X X X X MOR X X X X X X X X 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 surrounding community is reasonable, as the requested zoning district is similar in nature to the surrounding area. C8J Yes O No The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning to RA-30 is compatible with the overall land use classification of Medium Density Residential, as well as within the Compatibility Development Target area. The MOR land use class could have lot densities that range from 2-5 units per acre and have areas of ex isting utilities. The Compatibility Development Target areas is based on potential utility availability and flex ibility with lot sizes . C8J Yes O No The proposal does ENHANCE or maintain the public health, safety and general welfare . REASONING: The requested zoning to RA-30 would maintain the public health, safety and general welfare due to the existing residential uses within the area . 0 Yes C8J No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. Page 3 of 5 REASONING: Since the proposed zoning district of RA-30 is immediately across the road, as well as due to the similarity of the two districts, this application does need to be considered a Small Scal e Rezoning. STAFF REPORT 091817a HC BOC Page 97 Suggested Statement-of-Consistency (Staff concludes that...) As stated in the evaluation, the requested rezoning to RA-30 would not have an unreasonable impact on the surrounding community and will maintain the public health, safety, and general welfare based on the existing residential uses and the County's Land Use Plan. Therefore, it is recommended that this rezoning request be APPROVED. Additional Information On September 5th, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of application based on compatibility to the Land Use Plan and the existing RA-30 zoning in the area. *No one spoke in opposition . Site Property across the street Street view & area properties Street view & area properties Page 4 of 5 STAFF REPORT 091817a HC BOC Page 98 Traditional Standards of Review and Worksheet STANDARDS OF REVIEW 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: 0Yes 0Yes 0 Yes D Yes D No 0 No D No 0 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. 0 Yes O No 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 091817a HC BOC Page 99 83536 -P680 . -· .. · : .. ~. ··;' -,-/\_): i ~Jlf. _____ µ_041. iL __ flli21_:__.i_L __ FOR REGISTRATION Kimberly S. Hargrove REGISTER OF DEEDS Harnett Counlr NC 2017 AUG 38 12: i:3S BK:3538 PG:880-881 FEE:$28 .H INSTRUMENT ij 2017013012 TUESTER 1111111111111 2017013012 Recording Time , Book and Page e, LLP, Attorneys, 65 Bain Street, Lillington, NC 27546 a· & McRae, LLP, Attorneys, 65 Bain Street, Lillington, NC 27546 NOR'l'll.9\¥~ THISDEEDmadethis ~v-GENERAL WARRANTY DEED G RANTOR Allan Bryant Murray . Jr. 1819 Holland Road Fuquay-Varina, NC 27526 and wife, Theresa Ann Murray 1325 Wade Stephenson Rd Holly Springs, NC 27540 En ter in appropriate block for each party: name, address, an partnership. GRANTEE Benjamin Lee Murray 1810 Matthews Road The designat io n Grantor and Grantee as used herein shall include said art· s, th r h r s, successors. a nd assigns, and shall include singular, plural. masculine , feminine or neute r as required by n xt. WITNESSETH, that the Grantor, fo r a valuable consideration paid by e, th eceipt of which is here by certa in lot or parcel of land situated in the C ity of , f eil'5r-C ret;J< To s hip, Hamett Coun ty, North Carolina a nd more parti.:ularly described as follows: \._ V Parcel Identifier No: 11 -0651 -0021 -0 1 V Being all of Lot 2A, conta ining 3.71 a cres total (0.32 ac re s in right of way of atth4ad, eing 3.39 net :1rrp1;\ ll<: <.hnwn nn thP nl,;it nf <:nrvPv PntitlPtl . "~11rvPv for Pirnlll MllriP .Jprnia n.;;::;~~~llrrh 6 . '2 01 7 hv 091817a HC BOC Page 100 B3536 -P681 (SEAL) SEAL-STAMP 091817a HC BOC Page 101 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 WT1.;tr"\ 1 ~ )5 i Total Fee: jk_.2_s-_o _______ _ Receipt: ------ Permit: -------:-----------Hearing Date: _c:::.~-~-_;:,t"-'-'_...5.._· -t+t_· _________ _ Applicant Information Owner of Record:0 .L All -r-: Applicant: Name: Name : Q1 k.:,.., p ~~ ~ I '1,,4 rra. Y -.J~ . Address: \ ti 9 Hb l c:u-.d M · --------------- City/State/Zip: Fu~;;j Vo..r-"tJvo..l iJc.. ,;nsJ!o E-mail: O,..Murro..-'I S' hi{/.! l'n•-. ·for/~. e.->.,..... Phone : 'l ,q_ 3G>8 -C.t.SF Fax: Property Description PIN(s): O<oSf _in-S~bJ. Address: City/State/Zip: E-mai l: Phone: Fax: Acres Address/SR No. : _._=o..:=:.=;uD;=.;;~~-'--=-'""'-'----r--::.::...;:.......:.._....L.....;:.,...,. __ --..----+H---=--,.q'-+----.,..._-___,=-+--- Di recti ons from Lillington: -=1_0----=,,-...,,,..~---=-..:..._-=::.,,__,___,,,__ __ __..., _ _,__,_~-- Deed Book: Plat Book : Existing Zoning: 0 Conservation 0 RA-20M 0 RA-20R 0 ~-30 O?"RA-40 D Commercial D Light Industrial 0 Industrial 0 Office & Inst'I Attachments ~ Requested Zoning: 0 Conservation 0 RA-20M 0 ~-20R [B""RA-30 0 RA-40 0 Commercial D Light Industrial 0 Industrial D Office & Inst'I Township: 0 (01) Anderson Creek 0 (02) Averasboro 0 (03) Barbecue D (04) Black River D (05) Buckhorn D (06) Duke • Written description of property from recorded deed 0 (07) Grove D (08) Hectors Creek D (09) Johnsonville D (10) Lillington G3111) 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 the Zoning Ordinance Signatures The undersigned applicant hereby certifies that, to the hest of his or her knowledge and belief, all info a · supplied with this application is true and accurate: o7 lrs 117 -·-.....!..-- ---------Property Owner Signature Date Authorized Agent Signature Date Page 1 of 2 ~~"j ~ -"2.D f\·, ..._5 ~~ f (~t APPLICATION FOR ~QNING CHANGE t>-{=' ~e...u:> w.u s+ru.C--h b ,0 tU)OO s:~. -r-.f.. (Y\CL!v L<~ c.. +-4c-e.d M,......_Q_ w/ ~R~c.k. ~l-4"~+; o,J"" 091817a HC BOC Page 102 Requirements for Consideration The Planning Board shall consider and make recommendations to the County Board of Commissioners concerning each proposed zoning district. The following pol icy guidelines shall be followed by the Plann ing Board concerning zoning districts and no proposed zoning district w i ll receive favorable recommendation unless : 2 .1 The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. 2.2 There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group . 2.3 There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change . (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved .) 2.4 There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. 2.5 The proposed change is i n accordance with the comprehensive plan and sound planning practices. 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IUJJIIIIIII 'slTC --MINOR SUBDIVISION SURVEY FOR: PAULA MARIE JERNIGAN TOWNSHIP Ntll'S CRtEK OUNTY HARNEO STATE: NORTH CAROI.INA OAT£: MARCH 15,2017 --Z-ON(O R•-40 •AaflSHCD 01nH1ctl f.\X PAMct:1. 10•:ou1-11-,~z.1 WS-IV PIH II I 10651 0021 01 OWNtR: f>AUU t.ilARIE JERN1CAN 1754 11AITH£WS ROAD UUJNGTON NC 27546 910 890-3445 BENNETT SURVEYS F-1304 1662 CLARI< AD.,llLLINGTOH,H.C. 27~46 ( 9 IO) 893-!12~2 \ ,.. • ... I SURVEYED BY: RVS rnELO eOOK SCALE: 1· • 60' ORAYIN DY: Cti(CJ(EO 8 CLOSUl<f BY: WRB WRB DRAWING NO 17075 091817a HC BOC Page 104 Agenda Item 10 NOTICE OF PUBLIC MEETINGS HARNETT COUNTY BOARD OF COMMISSIONERS SEPTEMBER 18TH, 2017 AT 7:00 P.M. 102 E. FRONT STREET (COUNTY ADMINISTRATION BUILDING) LILLINGTON, NC 27546 HARNETT COUNTY OCTOBER 9th, 2017 AT 3:00 P.M. to 5:00 P.M. 6808 OVERHILLS ROAD (ANDERSON CREEK SENIOR CENTER) SPRING LAKE, NC 28390 HARNETT COUNTY ANDERSON CREEK LANDFILL FACILITY FUTURE EXPANSION OF C&D LANDFILL (PHASE IV) LOCAL GOVERNMENT APPROVAL NOTICE is hereby given that on September J 81h, 2017 at 7:00 P .M ., a public meeting will be held during the regular meeting of the Harnett County Board of Commissioners related to the local government approval of the proposed future Phase fV construction and demolition debris (C&D) landfill unit at the County's Anderson Creek Landfill facility located on Poplar Road in Spring Lake. A second public meeting discussing this matter will be held on Monday, October 9 , 2017 at the Anderson Creek Senior Center, 6808 Overhills Road, Spring Lake, NC 28390 from 3:00 P.M. to 5:00 P.M. Anyone interested in thi s matter is invited to attend the public meeting and present information to Harnett County Representatives. Further information is available for review at the Street, Lillington, NC 27546. Contact Terri Stric Amanda Bader, P.E. County En gineer Harnett County Solid Waste Department NOTICE OF PUBLIC MEETINGS HARNETT COUNTY BOARD OF COMMISSIONERS SEPTEMBER 18TH, 2017 AT 7:00 P.M. 102 E. FRONT STREET (COUNTY ADMINISTRATION BUILDING) LILLINGTON, NC 27546 HARNETT COUNTY OCTOBER 9th, 2017 AT 3:00 P.M. to 5:00 P.M . 6808 OVERHILLS ROAD (ANDERSON CREEK SENIOR CENTER) SPRING LAKE, NC 28390 HARNETT COUNTY ANDERSON CREEK LANDFILL FACILITY FUTURE EXPANSION OF C&D LANDFILL (PHASE IV) LOCAL GOVERNMENT APPROVAL NOTICE is hereby given that on September 18th, 2017 at 7:00 P.M ., a public meeting will be held during the regular meeting of the Harnett County Board of Commissioners related to the local government approval of the proposed future Phase IV construction and demolition debris (C&D) landfill unit at the County's Anderson Creek Landfill facility located on Poplar Road in Spring Lake. A second public meeting discussing this _matter will f?e held on Monday October 9, 2017 at the Anderson Creek Senior Center, 6808 Overhills Road, Spring Lake, NC 28390 from 3 :00 P.M. to 5 :00 P.M. Anyo ne interested in this matter is invited to attend the public meeting and present information to Harnett County Representatives . Further information is available for review at the Harnett County Solid Waste Department, 102 E . Front Street, Lillington, NC 27546. Contact Terri Strickland for an appointment at (910)-814-6156. Amanda Bader, P.E . County Engineer Harnett County Solid Waste Department 9/6/17 091817a HC BOC Page 105 Harnett County Anderson Creek Landfill Facility Facility Plan Information 1.0 INTRODUCTION Harnett County, North Carolina (County] currently owns and operates the Anderson Creek Landfill facility at 1086 Poplar Drive in Spring Lake . Access for the facility is and will continue to be off of Poplar Drive . The facility is permitted for the disposal of construction and demolition debris (C&D] and the transfer of municipal solid waste (MSW] under Solid Waste Permit Nos. 43-03 (C&D Landfill] and 43-09T (Transfer Station]. The County also conducts several other soli d waste management activities at the facility. Refer to Figure 1 (Existing Conditions] which shows the existing conditions and Section 2.1. which describes facility services. The County has operated the landfill facility since 1980 (a solid waste permit was issued in 1984). From 1980 up until sometime prior to October 9, 1993 , the County disposed of MSW at the site. MSW and C&D waste was disposed of in several unlined disposal units in the southern portion of the site which were closed in accordance with the then current rules. The ex i sti ng active C&D landfill unit initially re ce ived a permit to operate on April 17, 1997. Prior to that time, an unknown quantity of land clearing and inert debris (LCID) generated from Hurricane Fran (September 1996] was disposed of in this area. Phases I, II & IIIA of C&D landfill unit currently occupies approximately 9.8 acres (waste footprint]. Future Phases 1118-D (approximately 5.4 acres] and a vertical expansion (Phase IIIEJ will be developed as additional capacity is needed . It is the intent of Harnett County to continue to expand the C&D landfill with the development of future Phas e IV . The information contained herein is a brief description of the County's plan s to continue to operate and expand the C&D landfill. 2.0 FACILITY SERVICES AND WASTE STREAM 2.1 Facility Services Currently, the following activities or se rvices are provided at the Harnett County Anderson Creek Landfill facility : • Scale and sca le house; • Maintenance building; • Municipal So lid Waste (MSW) transfer statio n; • Construction and Demolition Debris (C&D] landfill; • Yard wa s te processing area; • Whit e goods, scrap metal, and cons umer electronics handling area; and Harnen County Anderson Creek Landfill Fac ility Ju ly 201 7 Fa cility Plan Information Pagel 091817a HC BOC Page 106 • Convenience center: o Small MSW loads o Recyclables o Used tires o Used vehicle oil filters o Automotive batteries o Pallets o Asphalt shingles . 2.2 Types of Waste The Harnett County Anderson Creek Landfill facility accepts municipal solid waste (MSW) originating from residential, commercial, and industrial sources, construction and demolition debris (C&O) waste, and other wastes (i .e . white goods and tires). These wastes are segregated and directed to on-site facilities for disposal, transfer, or processing/handling. 2.3 Disposal Rates and Estimated Variances -C&D Landfill Based on Solid Waste Management Annual Reports for the facility, the County disposed of an average of 9,289 tons per year (average of approximately 33 tons per day based on 280 days of operation per year) of C& D over the past five reporting years (FY 2011 -12 through FY 2015-16). Minimum and maximum disposal quantities were 7,815 tons (FY 2015-16) and 11,507 tons (FY 2011 -12]. respectively. As documented during the prior local government approval process, the County previously set a maximum disposal rate of 35,000 tons per year for the C&O landfill [average of 125 tons/day based on 280 operating days per year). As part of the current local government approval process, the County proposes to set a maximum disposal rate of 50,000 tons per year for the C&D landfill (average of 179 tons/day based on 280 operating days per year) to account for future needs. Actual annual and daily amounts of C&D waste are expected to vary but will not exceed the proposed annual maximum. 2.4 Service Area The landfill facility currently serves Harnett County. 3.0 LANDFILL CAPACITY-C&D LANDFILL UNITS Figure 2 [C&D Landfill Development Plan) shows the final configuration of the C&D landfill [Phases I-IV). The final cover side slopes will be at a 3 Horizontal to 1 Vertical [maximum) (4H to 1V [typical!) slope, then transition at flatter slopes (5 to 8%) to the peak elevations [approximately 450 feet). Harn en County Anderson Creek Landfill Facility July 2017 Facility Plan In formation Page 2 091817a HC BOC Page 107 The estimated gross and net op e rating capacities, life expectancies , and areas of existing and planned C&D landfill units are shown in Table 1. The net capacity for waste and corresponding life ex pectancy accounts for periodic cover and/or final cover. Table 1 Total C&D Landfill Operating Capacity and Life Expectancy Unit Area Capacity (See Note 1 I Life Expectancy (Ac.) (Years) Gross Net (See Note 2) (CYI (Tonsl C&D Pha ses 1-IIIA (Filled) 9.8 497,076 184,330 ----- (as of May 27, 20 16) C&D Phase s I II A-E 5.4 677,531 338,766 22.6 [Capacity Remaining) C&D Pha se IV 52.6 6,633,472 3,316,736 110.6 Totals: 67.8 7,808,079 3,839,832 133.2 Notes: 1. The net capacity is ba se d on an as sumed airspace (capacity) utilizati on factor of 0 .5 tons/CY. 2. Life expectancy values are ba sed on an ass umed average di sposal rate of 15,000 tons/year. Also, the total life expectancy is projected from May 27, 2016 . Ha rn ett Cou nty An de rso n Creek Lan dfi ll Fac ility Ju ly 201 7 Fac ility Pl an In fo rm ati on Page 3 091817a HC BOC Page 108 Harnett County Anderson Creek Landfill Facility July 20 17 This page intentionally Left blank. Fac ility Plan Information Page4 091817a HC BOC Page 109 lEGENO l a::: ----'-IO----fXISTINC /0' ca/TO/JI/ i L.&.I (Sff 1/fftllfNCl I} -------[XISTINC 2' COi/TO/JR :;; ::z:: ~ -----Plla'£JITY Ullf (APPIIOXIIW[} "' c:::I ; a::: ca ----WAST[ LIMITS (APPIIOXIMA l[j c:r: ~ ""'"' I l\\l;<,'1'1\''(lZ3"_-_.,,,' \1'.'>,._LI~ \ if -,;.--,,,, V] 17" -'-,,I ,\' \\ ,, \ \\,'. ,'.Jr,';:J.,~:-;\ \ i'., 1;; 'If_' ( );/(R IJ '.!(]!.-= :::. 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Ol{RALL SITE BAS£ TOPOGRAPHY BAS!D 00 AERIAL SUR\1:Y BY ==-:z .... Cl PRa'fRTY UN[ NiD ijAPPING RESOURCE GROJP. OATID 7 /16/13. TOPOGRAPHY IN :3 :z :z () -o <f FAOUTY BWNOARY ACTI\1: AR!:AS PERfORMEO BY G(OOATA CORPOlATION, ""':z ... " ~ s u, " (SEE RfFERENCE 2) Z£BUL00, NC, OATED 5/20/17. AS-BUILT GRAOCS IN PHASES E ac: a. !': " IIA-2 AREA BY 40 SITE sa.unoos. DATED 9/27/16. ;;; E: !a :r f 2. OIU!All EXISTING srn: CONDITIONS PR<MOEO BY C.1. a.moo, ~ = 1:S 8 SR., P.E., INC., IN ORAIIING muo 'OJOOIC ACl.f E,p MAS-I", a,: c.> DATED ~/31/13. ~ :f I '"""' J. WELL DATA ANO LOCATIONS fROII C.T. CtAYTON, SR., P.E.. INC .• :z :r IN ORA\\ING TillfO 'OJ001C Allf E,p WAS-1', OATEO 5/31/13. :ls ""' 6 I I ; § 0 400' 800' 5 ~ L....-I I 0 © 2017 Smi Gardner, Inc. 091817a HC BOC Page 110 ~' "',''f ,;, :. 0 , ' ' l' ' ,, 1!1', ( I -lH-, , -,-, I' ( "'-'1 I' ' I I -' w E!) 11' .{ ·-~ \. '' IL> •. ,,~ .. ,_,' _/ S6J<IOO S6"" " a. ~ "' ,_ ~ ~l I \ I'-I S610D ' 0 "' E z ~ I: :ii ~ ~ ii \ PROPERTY UNE ANO FAOUTY BOUNDARY (SfE REFERENC£ 2) ~ C' ~ 0 l) n_,, :; ; ii ~ II !! l) s: ~ .; © 2017 Smil Gardner _loc. TAll(}I ~ ---~\ ---YL---+cot.tw-2 +cot.tw-1 ~ t.tW-4 _. SW-1 £K1SllNG /0' CON/0/JII (S££ 1/f[[//[NC[ I) [XISllNC 2· CONTOtJR Pf/OPfRTY UN£ (APPIIOXIMArE) WAST[ l/1/ITS (APPIIOX/1./ArE) llflW/0 B(JJNOARY (S££ f/[IT/l[IIC[ 2) S'1<£AU (APPIIOXIUArE) CM! (,//(JJNOWA T[R 1.1/NT/JllfNC llfll Pf/OPOSfO CMJ C/10UIIOWA rER MONJ/{Y//1/C llfll G1IWll()WA rER IIONITOfllNG ll!ll SIJRFAC[ WAT[R 1./0NIT/JllfNC PaNT • A lfACHA rE S/JMP ( APPIIOXIUA rE) + LFG-1 lANDnll GAS UON/1/JllfNC llfll ----PROPOSCO WAST[ LIMITS fil,llfltl[ ~~ SCRAP METAL, ANO ~ i ELECTRON! S HANDLING AREA I . f/Nr1..E HANOUNG AREA MAIN ENTRANCE/ GA TE REEEREtlCES. 1. OVERALL SITE BASE TO!'OGRAPHY BASl:D ON AERIAL SURVEY BY MAPPING Rt:SOORCE GROUP, DATED 7/16/lJ lO!'OGRAPHY IN ACTIVE AR[AS P[RfOIMD BY Gl:OOA TA CORPORATION, ZEBULON, NC, DAITO 5/'l0/17. AS-BUil! GRADES IN PHASES IIIA-2 AREA BY 40 SIT[ SClUTIONS, DATED 9/27/16. 2. OVERALL [XISTING SIT[ CONDITIONS PRO't1DED BY C. l. CtAYTON, SR., P.[ .. INC., IN DRA\IING TITLED '03001C AClf Exp MAS-\', DATED 5/31/11 3. \l{I.L DA TA ANO LOCA l\ONS fROM C. T. ClA YTON, SR., P.E.. INC., IN DRAY.ING TI!l[D "03001C ACU E'l) MAH', OATEO 5/31/13. 0 ~ 400' I 800' j I* Ii l:j l~ ~ I ct:: ~ L.&..I ~z : CJ ',1 a::: -c:t I t.Q ~ N z ~ I V> V> <{ ,,; -,i. a.: + ~ :::c l I--~. -I :E i ~"' I~ Ii :;:; f;i s z 0: :.': N ,_ (.J ~ z ~ -; 7 ~ • u ..._ C) N .!!:-~ ~ II I~ i=: :z :::. ~ uz .... ,oq c:, :z ~ =s: == ~ "-.... a:: c:, ~ f2 i'.Z s :!: ~ ~ s t: a:: .._ en :; ~ ~ c:, ....... en -Cl a:: u z s if :s z = ,oq ... u, 091817a HC BOC Page 111 LEGENll !if a:: ---:10---EXIST/NC 10' CQl/7)(/// IS (SE£ R[fERF.NCf I) 2 LJ..I ---------EXIST/NC 2· C'JNl1JJI !,; "-:z: Si C1 -----Pf/OP£!/TY UJlf (APPflOXJIWE) !,! !,1 a:: is ----WASTE L/1,//TS (APPflOXJJJATE) < ! '"""' l I \\M'~'':i'.l,t~'-··;;-:.~''l"-~ ~''·' ......__ L. I.,,,.... L ,.,.. .'.C'f ... I'.:: ~/..VJ 17,.. I;..\ ,\ '.\\ l', \, ,'.1,,J/J_JJ!;N\ \ L 1.'/ H.' 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CAS JJOOT0/1/NC llfU 1./') < u 'f 0 E PROf'OS£D WASTE U~TS z i z 'f',,~'I~ vi 0: :::i ,i "' Q. ~ J: ~ ----J) ' a: N ~ ----I 1\ 'ft:\ .... -- / ' j " ;; ,~~-CJ'?). 0 ~ =-~-::::.~:;:. /;,...), -i N ~/// >-;c ,-: 3 ~,,_ // I u -, f \ ~-J ):> .. ~ N!i&IOXI 0 --~ w j!::: z "' " ::::. :,:: -:z 'i'i :f ~ u, $ _. ... :z ~ B£FER£NC£S =~c:::, ..._ ai:: .:: I. 0\{RAL1 ~TE BAS£ TOPOCRAPHY BASl:D ON A(R!Al SUR'lt:Y BY Cl = -~TYUNEANO z: .... Cl u MAPPING RESOORCI: GROUP, DATED 7 /16/13. !Of'OGRAPHY IN ::3 z: z 'f FAQLJTY Ba/NOARY -c:, ~ ACTII{ AREAS PERfORMEO BY GEOOATA CORPORATION. ~ :z: ..., (SEE REFERENCE 2) :::::: :5 u:, E ZEBULON, NC, DATED 5/20/17. AS-BU1ll GRAOtS IN PHASl:S ac: a... :!: ~ J:: NIA-2 AREA BY 40 SITE SO.UT10NS, DATED 9/27/16. ~!:~ f 2. Q\{RAL1 EXISTING SITE CONDITIONS PRO',IO£D BY C.T. llAYTON, 8 SR., P.E .• INC., IN ORA'MNG Til\10 "DJOOIC AClf Exp MAS-I", ~=~ a,: ..., I N560000 DATED 5/31/13. ~~ 3. v,m DATA ~D LOCATIONS FR~ C.T. CLAYTON, SR .• P.E.. INC., z ~ IN ORA\11\NG TI1\1D 'OJDOIC AClf Exp MAS-I', DATED 5/31/13. ... ~ I I !! 0 ,oo· BOO' ~ G © 2017 Smi Gardner Inc. ~ t....-I I ~ 091817a HC BOC Page 112 :i; Q. ~ ~ ~ ;:: f w ,,.,.,. "'"" ~t!IEICXXI ! z I i ~ I 8 ~ '~ ,M, ,, I i PROPERTY LJNf ANO FACILJTY BWNOARY I (SEE RfFERfNCf 2) \' ' '. ,; ' (6' LEWlll. ___ ,, __ _ ---~L---+CDMW-2 +cot.tw-1 S MW-4 [XISllNG 10' COl//(XJ/1 (S[[ //Cf[//[NCE I) [XIS/INC 2' COi/TO/JR Plla'EIITY LIN[ (APPf/OXl!WE) WAST[ LIii/TS (APPIIOXIIIAT[j 'llf/WID BOONOAIIY (S[[ IICFfllCNCE 2) STTl(AJI {APPi/OX/i.iA I[) C41() CI/OtJNOWA/[// MOMrcf/lHG llfl./. Pfla'OS(O CJdJ G1/0IJNOWA /[// IIO/l!T/Jflll/Gllf1.L CIIOIJNOWA /[/11,/0/l!/Ofl/NG llf1.l .A SW-1 SIJIIFAC[ WAT[// MOIi/iOi/iNC PCXNT • A ![AO/AT[ S/JUP {APPIIOXIUAT[) + lFG-1 LANOfl!L GAS /IOMTOIIING llfll ----PROPOS[D WASTE LIMITS rTRANSFER~"ATI~ kl+1//I[ :s; SCRAP METAL, ANO [l[CTR~I HANOUNG AREA 1/N(H HANOUNG AREA MAIN ENTRANCE/ GAi[ BE.EElIDaS 1. 01'£RALL SITE BAS[ TOPOGRAPHY BAS[D ON AERIAL SIJRl'£Y BY MAPPING RESOIJRC[ GROUP, DATED 7 /16/13. TOPOGRAPHY IN ACTII'[ AREAS PERFORMED BY GfOOATA CORPORATION, ZEBUlON, NC. DATED 5/20/17. AS-BUU GRA0£S IN PHAS[S IIIA-2 AREA BY lO sm SOLUTIONS, OATEO 9/27/16. 2. 01'£RALL EXISTIIIG SITE CONDITIONS PR0\1DED BY C.T. CLAYTON, SR., P.E., INC., IN DRAl'!NG TillEO 'OJOOlC ACLf Exp MAS-1', DATED 5/Jl/13. lri! ~ l\1 I a::: I L.U i :z: "-~ c::::I >! a::: " c:t ! c:::, ~ + ~ ::c I ..... ~ -j :l :E en~ N 0 ~ ~! I ~ 1~ ~ ~ I~ 0 I U'l U'l <( vi ,i a: i 12 ~ ! u ! I~ i:: :::l :z :5 CL. u~~ ci: -..... ; i !: i::: a:: 9 == ..... :z .... c:::: :5 == Cl :..= :z ..... ~ ~ 5; u~~ z -;:.: = = Cl .,. <..:I :z e5 ~ :s = "" ~ ci: N ..,_ i 6 ~ 'f ..... ~ .?;-::, .., © 2017 SmitGardner. Inc. I.I o, -~~--3. ~UL DATA Al,)() LOCATIONS FROM C. T. ClAYTON, SR., P.E., INC., IN DRAVilNG TillED "D3001C ACLf Exp MAS-1', DATED 5/31/13. •oo· I 800' j -· "" I I I ¥ ~~~~,, / I I ~I -~ I -, ~, ~I ~ t I Cl tb <..:I I* ... ! 091817a HC BOC Page 113 CONTRACT AND AGREEMENT BY AND BETWEEN THE TOWN OF LILLINGTON (hereinafter "Town") AND HARN ITT COUNTY (hereinafter "County'') Agenda Item 12 This agreement and contract is entered into this the ____ day of ________ _, 2017 by and between the Town of Lillington (hereinafter "Town") and Harnett County (hereinafter "County"). This contract is for the exchange of real property and other matters detailed herein . By this contract and agreement, it is stipulated and agreed as follows: 1. That it is stipulated that this contract is supported by fair and adequate consideration; 2. County shall convey to Town for no monetary consideration the property described in Attachment A (the entire block of the current County Administration building, with the exception of the real property at 107 East Ivey Street, subject to the following agreements: a. County shall be allowed to maintain Development Services in their current location (which is a location currently owned by the Town of Lillington) until renovations are completed at the current Department of Social Services building. b. County will be able to continue using the current Board of Commissioners meeting room and conference room for board meetings until renovations are completed at the current Department of Social Services building . This will include Board of Commissioners meetings, Planning Board meetings and Board of Adjustment meetings. 3. Town shall convey to County for no monetary consideration the property described on Attachment Bat 420 McKinney Parkway . 4. Town shall convey to County for no monetary consideration the land behind the County garage located at 110 E. McNeil Street as described on Attachment C. 5. Town shall convey to County for no monetary consideration the property on Attachment D which contains the land on McKinney Parkway that was previously conveyed for the purpose of building a fire station . 6. Town and County will enter into a mutually agreeable maintenance agreement for the parking area between the buildings on Attachment Band E. 7. Town hereby gives to County the right of first refusal for the property on Attachm e nt E. Said right of refusa l shall allow County to purchase said Attachment E for a purchase price equal to the additional value added to said property based upon improvements paid for by Town . The additional value added purchase price shall be determined by comparing the current appraised value of subject real property at the time the right of first refusal is exercised with said values determined by the Harnett County Tax Office. The right of first refusal shall be exercised as follows : 091817a HC BOC Page 114 a. County shall provide Town notice of their intent to exercise the right to purchase within 60 days of notice from Town ofTown's intent to sell said property. b. County shall close on said purchase within 120 days of their notice of intent to purchase Unless modified in writing by both parties, failure by County to comply with e ither a or b above shall constitute a waiver of the right of first refusal 8. County hereby grants to Town the right of first refusal for the property on Attachment C. Said right of refusal shall allow Town to purchase said Attachment C for a purchase price equal to the additional value added to said property based upon improvements paid for by County. The additional value added purchase price shall be determined by comparing the current appraised value of subject real property at the time the right of first refusal is exercised with said values determined by the Harnett County Tax Office. The right of first refusal shall be exercised as follows : a. Town shall provide County notice of their intent to exercise the right to purchase within 60 days of notice from County of County's intent to sell said property. b. Town shall close on said purchase within 120 days of their notice of intent to purchase Unless modified in writing by both parties, failure by Town to comply with either a or b above shall constitute a waiver of the right of first refusal 9. Town agrees to make reasonable accommodations to allow County to use portions of the facility at Attachment E, said portions to be identified by Town, at reasonable times and in reasonable manners for "public safety purposes" to potentially include storage, a backup EOC, and staging area for emergency personnel during a disaster. 10. Attachments: a. A -County Administration block less b. B -Front portion of McKinney Parkway property c. C -property behind County garage d. D -property previously given to Town for potential Fire Station e. E -back portion of McKinney Parkway property retained by Town FOR TOWN FOR COUNTY LISA YOUNG TOWN MANAGER JOSEPH JEFFRIES COUNTY MANAGER 091817a HC BOC Page 115 ATIACHMENTA The County Administrative buildings block at the corner of East Front Street and South 1 Street, Lillington, NC, less the property at 107 East Ivey Street, Lillington, NC. 091817a HC BOC Page 116 I ' I 82017 • P243 .-™ uK1..nu. ...._111,[ff cou•n n.ooo ST•mc:NT , •• ,c.,er ll,te1u11t,Pl& •• ttttlly •••• l"h •'•• .,., ,,_ ••tu ~.:~ !~.·~;:. •:;:' !:~::,'.:!·:::· .!:.!;:! ~~., 1, NtOPOT'I' 5l«JIMr4 UES N .\ Z0Nt X (~L f'LOOD "'5K) ., . l•flcet•f •• f•-111 Ir-lef1u•tlt11: l"lllf I• l•••...JtL,,,,..!U..., n,1 1•• ••••• ,, er<ffhlt• n u1c,1,u, 1, ntOOOOttM1 ttii. 1.i,1 ASIHOWNONIDl,t.~NWIUJnOOMOOOJ Certlfl••tl•" •f .,,,." •• hr hur41•t tn't.CTl'II( DA1t tO/ltl/JOOI ... f' 1ur1N1 1~1 11 tk \.llll•t••• lutl•f • l•f41•hh• e>t1 .. ,,, I t .. Hh Ille, 1111 .. , n f,111 U •Itel 1•111 tnllflt:1111111 h .. 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MIHOR SUBOIYISION SURVEY FOR: TOWN OF LILLINGTON TOWNSHIP NtlU.S CRl:[K OUNTY STATE; NOflTH CAROL INA CATE: WAT£91:St1C0-0~,--,fii1c'f zo,c,:o CZ & HI fltfflT[CT[D I ~IH • HARNCTT 5.65 AC.TOTAL OWNER: TOWN or UWNGTOH PD aox 29& UWNGTON,NC 2754& BENNETT SURVEYS F-1304 1662: CLARK RO •• LILLIHGTON,N.C. 27!)48 (910) 893-5252 2$' 0 '°'I SU11VEYEC BY: RVB IELO BOOK , •• ,o• Ol<AWN ••. ~ DY• -·-MRt DRAWING NO MR9 172S5 J:::, -I--+-, p, b r' ~ ct-en 091817a HC BOC Page 120 J u ly 1, 2017 • June 30 , 201 8 Front Desk -Check-in Aooo intments Health Clinics Adult Women Wellness Clinic Harnett Co unt y De partment of Public Health Activities Summary J ul Aug Sep Oct No v Dec Jan Feb 993 1364 3 3 Care Coordination for Children (CC4C) 260 290 Chi ld Health - Sick Clinic 75 110 Child Health -Well Clinic 82 183 County Employee Health C linic 132 142 Family Plann ino 150 185 Immunizations 180 312 Maternity (Prenatal Clin ic) 222 285 O B Care Manaoement (OBC M) 210 173 Postpartum Home Visits 10 28 Refer/R epeat Pap 1 1 ST D Services 100 142 T B Services 197 160 Welcome Baby Home Visits 10 30 Total Services 1632 2044 0 0 0 0 0 0 Reoortable Di sease Cases Tuberculosis 0 0 HI V -(Qua rterly reoort) 0 0 A IDS -(Quarte rl y reoort) 0 0 SY PH ILIS -(Quarterly report) 2 1 OTHERST D's 13 21 Other (salmonella, ca mpylobacter, etc) 3 3 Total Services 18 25 0 0 0 0 0 0 He alth Educati on Outreach 288 579 Laboratory Clients 589 830 La boratorv Tests 1269 1563 HIV Tests 14 1 186 WIC Active Participation 3019 Vital Statistics Births In County -49 39 Births Out of County 135 98 Deat hs 67 67 Environmental Health # of Improvement Apos Confirmed 37 39 N umber of Per mits Issu ed 44 39 N umber of Comp letions 45 52 Number of Existin q Permits 22 30 Repair Permits Issu ed 15 5 Permits Denied 0 1 Food and Lodqinq Esta b lish ments lnsoect'd/Re insoect ed 69 80 V is its/ Cri ti ca l Voliations Verfication 21 24 Private Water S upp lies Applicat ions Received 14 17 updated 9/07/2017 Agenda Item 13 Mar Apr Ma y Jun tfo TA AVG. 2357 1178 .5 6 3 550 275 185 92.5 265 132 .5 274 137 335 16 7.5 492 246 507 25 3.5 383 191 .5 38 19 2 1 242 12 1 357 178.5 40 20 0 0 0 0 3676 1838 0 0 0 0 0 0 3 1.5 34 17 6 3 0 0 0 0 43 21.5 867 433.5 1419 709.5 2832 14 16 32 7 163 .5 3019 3019 88 44 233 116.5 134 67 76 38 83 41.5 97 48.5 52 26 20 10 1 0.5 149 74 .5 45 22.5 3 1 15.5 091817a HC BOC Page 121 Harnett County Veterans Services Agenda Item 13 Activities Reporting Form Month/Year: August 2017 Request For Service Correspondence Claimant Status Written Action Taken (Claims & Development) (Teleohone and In-Person) Out ... C: C C 0 -Cl) ·;; 0 -E C: C ·;; "O ca .,, ca -0 C: C: .,, C ::, (J 'ii a. a. 0 Cl) C: 0 :, .:: n. Cl) ns .2-0 0 Cl) :E 'ii ~ ca z n. C: .r:. Cl) C: I c,) en .. C: w > 0 I 0 .,, ca J!l 0 C: Cl) -C: .,, ·c: .,, ·-.. ca .r:. -C: ~ Co Cl) ci en 3 -ca (J ·-C. .,, Cl) .. l! .. C. l! ns -.r:. -G> Cl) = Cl) Cl) Cl) • LL E a, E j 0 (.) 0 t:: ~ (.) Cl) >< .r:. 'C .r:. ~ ,, (J C. .. 'C ::, .r:. ~ 'i: -.,, DATE NAME ns ~ -~ ~ -,r-C 0 C. 0 ~ 'C (.) 0 Cl) LL 0 0 ~ ca (J 0 <( LL w "' zm :iii: 1 520 450 131 172 176 16 34 61 6 5 4 2 15 98 2 3 GW-49 4 VN-67 5 OEF-43 6 K-9 7 PT-7 8 WW 11-1 -/~ -/ ..i' 9 . "/ ~ tJc-I~ -~ -~ -10 Eric Truesdale 11 Harnett County Veterans 12 Officer 13 14 Walk In: 192 15 Phone Calls: 520 16 17 18 19 Total 520 450 131 172 176 16 0 34 61 6 5 0 4 2 15 98 091817a HC BOC Page 122 Agenda Item 13 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2018; Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows: EXPENDITURE CODE NUMBER 110-7600-441.54-26 110-7600-441.60-33 REVENUE CODE NUMBER EXPLANATION: Department Head (date) AMOUNT AMOUNT DESCRIPTION OF CODE INCREASE DECREASE Advertising $ 100.00 Materials & Supplies $ 100.00 AMOUNT AMOUNT DESCRIPTION OF CODE INCREASE DECREASE To move funds in the Adult/Child Health programs to purchase ad in NCPHA Fall Conference Brochure . Section 2. Copies of this budget amendment shall be furnished to the Clerk of the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler, Clerk to the Board day of ,2017 Gordon Springle , Chairman Harnett County Board of Commissioners 5Yi 091817a HC BOC Page 123 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2018; Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7500-441.60-33 Materials & Supplies $ 200.00 110-7500-441.60-57 Miscellaneous Expense $ 200.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To move funds for exhi bit/booth fee for Educational Conference APPROVALS: County Manager (Date) Section 2. Copies of this budget amendment sha ll be furnished to the Clerk of the Board, and to the Budget Officer and th e Finance Officer for th eir direction. Adopted th is Margaret Regina Wheeler, Clerk to the Board day of ,2017 Gordon Springle, Chairman Harnett Cou nty Board of Commissioners ~4i 091817a HC BOC Page 124 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ord i nance for the fiscal year end ing June 30, 2018: Section 1.To amend the Animal Services budget, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-5500-420.60-33 Operating -Supplies/ Materials & Supplies $121 110-5500-420.60-28 Operating -Supplies/ Compute r Software $121 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: Increase expenditure line to budget for department's computer software needs. APPROVALS: 4 'i,,~r Z:/~9 6e;/r;ment Head (date) Section 2 . Copies of this budget amendment shall be Officer and the Finance Officer for their direction. nished to the Clerk to the Board, and to the Budget Adopted this ______ day of ______ J ______ _ Margaret Regina Wheeler Cl erk to the Board Gordon Springle, Chairman Harnett County Board of Commissioner 1 21 091817a HC BOC Page 125 BUDGET ORD INAN CE AMENDMENT BE IT ORDAINED by the Governing Board of th e Coun ty of Harnett, North C arolina, that !he foll owi ng amendment be m ode to the annual budget ordinance for !he fi scal year endin g Ju n e 30, 2018 Section 1. To amend the General Fund, Solid Waste Department. the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION Of CODE INCREASE DECREASE 580 -6600 -46 l -64-23 Pe rmits $200 580-6600-461-33 -45 Contracted Services $200 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION : To put money In permit account to finish paying for NCDENR required landfill permits. APPROVALS : ~~-!? CUntyarn:Jger (date) Section 2. Copie s of this budget amendment shall b e furn ish e d to the C lerk to t he Board, and to the Budget Officer and the Finance Officer for their direction. Adopted __________________ _ Margaret Regina Wheeler, Clerk to the Boord Gordan Springle, C h a irm an Harnett County Boord of Commissione rs 091817a HC BOC Page 126