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HomeMy WebLinkAbout110518a Agenda PackageHARNETT COUNTY BOARD OF COMMISSIONERS County Administration Building 420 McKinney Parkway Lillington, North Carolina Regular Meeting November 5, 2018 9:00 am 1. Call to order -Chairman Gordon Springle 2 . Pledge of Allegiance and Invocation -Commissioner Joe Miller 3. Cons ider additions and deletions to the published agenda 4 . Consent Agenda A . Minutes B. Budget Amendments C. Tax rebates, refunds and releases D. Resolutions to add roads to state system E . Harnett County Health Director requests approval of a revision to the Clinical Patient Fees, Eligibility and Bad Debt Write Off Policy. F . Harnett County Emergency Services requests approval to donate an enclosed utility trailer to Dunn Emergency Services. Dunn Emergency Services will use the enclosed utility trailer to transport materials and equipment when providing Fire Prevention Public Education to the citiz ens of Harnett County. G. Harnett County Public Utilities requests approval of write-offs for the 3 rd quarter of 2018 totaling $22,288.63. H. Harnett County Sheriffs Office requests approval to accept a grant in the amount of $20,194 from the Office of Justice Program under the FY 18 Edward Byrne Memorial Justice Assistance Grant Program. The funds will be used to purchase laptops, software and/or other IT equipment or other investigative equipment. I. Resolution by the Harnett County Board of Commissioners Approving the Grave Relocation of the Tew Cemetery J. Resolution by the Harnett County Board of Commissioners Approving the Grave Relocation of the Taylor Cemetery K. Harnett County Administration reques ts approv al of a Resolution of the Harnett County Board of Commissioners Authorizing the Conv eyance of Real Property by Private Sale. L. Administration requests approval of the School Res ource Officer Program Reimbursement Agreement for Elementary and Primary Schools between the County of Harnett, the Harnett C ounty Board of Education and the Town of Angier. M. Administration requests approval of the School Resource Officer Program Reimbursement Agreement for Elementary and Primary Schools between the County of Harnett, the Harnett County Board of Education and the Town of Lillington. Page 1 of 2 110518a HCBOC Page 1 N. Administration requests approval of the School Resource Officer Program Reimbursement Agreement for Elementary and Primary Schools between the County of Hamett, the Hamett County Board of Education and the Town of Erwin. 0 . Administration requests approval of the School Resource Officer Program Reimbursement Agreement for Elementary and Primary Schools between the County of Harnett, the Hamett County Board of Education and the City of Dunn. P. Administration requests approval of the Memorandum of Understanding between the County of Hamett and the Hamett County Board of Education regarding the former Benhaven Elementary Campus. Q . Hamett County General Services requests approval of the revised Airport Committee Bylaws. R. Proclamation -Home Care and Hospice Month -November 2018 S. Proclamation -Adoption Awareness Month and Day -November 2018 T. Resolution to reschedule the November 27 , 2018 work session of the Hamett County Board of Commissioners 5. Period of up to 30 minutes for informal comments allowing 3 minutes for each presentation 6. Special Presentation 7. Appointments 8. Presentation of the Joint Land Use Study, Jason M. E pley, AICP, Benchmark Planning 9. County Manager's Report -Paula Stewart, County Manager 10. New Business 11. Closed Session 12. Adjourn NCACC Legislative Goals Conference Voting Delegate Designation Hamett County Financial Summary Report -July 2018 Hamett County Sales Tax Analysis by Article -June Hamett County DSS Monthly Report -September 2018 Page 2 of 2 110518a HCBOC Page 2 Agenda Item __ 4.,;:...._-....;.A_._ __ HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting October 15, 2018 The Hamett County Board of Commissioners met in regular session on Monday, October 15, 2018, in the Commissioners Meeting Room, County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Members present: Staff present: Gordon Springle, Chairman Howard Penny, Vice Chairman Barbara McKoy, Commissioner (arrived late) Joe Miller, Commissioner Abe Elmore, Commissioner Paula Stewart, County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Chairman Springle called the meeting to order at 7:00 pm. Vice Chairman Penny led the Pledge of Allegiance and invocation. Chairman Springle called for any additions or deletions to the published agenda. Mrs. Stewart requested the addition of the Town of Coats' request for assistance in offsetting the tipping fees totaling $9,093 associated with debris disposal from a powerful storm in July 2018. Vice Chairman Penny moved to approve the agenda as amended. Commissioner Elmore seconded the motion, which passed 4-0. Commissioner Elmore moved to approve items on the revised consent agenda. Vice Chairman Penny seconded the motion, which passed 4-0. 1. Minutes: October 1, 2018 Regular Meeting 2. Budget Amendment: 115b Health Department Code 1105100-544000 1105110-330310 1103900-390990 Contracted Services State Revenues Fund Balance 393,000 increase 296,505 increase 96,495 increase 3. Tax rebates, refunds and releases 4. Proclamation Recognizing Dan Honeycutt for his Dedicated Service to Harnett County and its Citizens October 15, 2018 Regular Meeting Minutes Hamett County Board of Commissioners Page 1 of 6 110518a HCBOC Page 3 5. Proclamation Celebrating Harnett County Resident Hubert Edwards on the Occasion of his 1001h Birthday 6. Hamett County General Services, HARTS, requested approval of a grant agreement with the NC Department of Transportation, Public Transportation Division for the FY 19 5311 grant in the amount of $488,449 . There is a county match of $62,768 included in the current budget. This grant will provide funding for both capital and administrative expenses associated with providing public transportation for the citizens of Harnett County. 7. Hamett County General Services, Airport, requested approval of a grant agreement with the NC Department of Transportation, Division of Aviation in the amount of $121,283 to provide professional services for the design/permitting of the terminal site improvement and related work to replace the existing terminal at the Harnett Regional Jetport. The County of Hamett will receive a 90% federally funded grant under the State Block Grant Non-Primary Entitlement (NPE) Program. The total estimated project cost is $134,759 with a 10% local match included in the current budget. 8. Hamett County Senior Staff Attorney requested public disclosure of the settlement agreement of Wanda Carolyn Tart v. County of Hamett pursuant to Section 143- 218.l l(a)(3) of the North Carolina General Statutes. 9. Harnett County Sheriffs Office requested approval to purchase new 9MM weapons for deputies from Craig's Firearm Supply, Inc. and Lawmen's (25 weapons) at a net cost of approximately $36,951. The Sheriffs Office will trade-in present weapons (handguns - 40-caliber and 9MM) to Craig's Firearms Supply, Inc. to offset the cost of the new weapons in addition to using Asset Forfeiture Funds. The Sheriffs Office will also trade in their 40-caliber ammunition for new 9mm ammunition, dollar for dollar, at no additional cost. 10. Harnett County Cooperative Extension requested approval of a contract to accept $31,603.70 from Chatham County Partnership for Children for the Child Care Resource Core Services Program. This Family Resource Program provides program administration and delivers services and training to childcare centers and childcare homes. 11. Harnett County Engineer, Solid Waste, requested approval of the Household Hazardous Waste Collection (HHW) contract with the NC Department of Environmental Quality for a grant in the amount of $46,129 to establish a permanent Household Hazardous Waste Collection Site at the Anderson Creek Landfill. There is a local match of $14,720. 12. Harnett County Health Director requests approval to increase the following fees: CPT CODE DESCRIPTION RECOMMENDED PRICE 90621 Trumenba $180 90662 Fluzone High Dose $78 90670 Prevnar 13 $210 October 15 , 2018 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 6 110518a HCBOC Page 4 CPTCODE 90674 90681 90698 90710 90732 New 90750 DESCRIPTION Flucelvax Quad Rotarix Pentacel Proquad Pnewnovax 23 Shingrix RECOMMENDED PRJCE $49 $116 $88 $225 $105 $182 13. Harnett County Emergency Services, on behalf of Benhaven Emergency Services, requested approval to purchase a new compressor for $$21,387.13 ($19,999.10 plus $1,388.03 sales tax) out of their capital outlay reserve fund to replace their compressor that is no longer operational. 14. Hamett County GIS/E9 l l requested approval of a joint resolution adopting the location of the boundary line between Harnett County and Wake County in accordance with the plat prepared by the North Carolina Geodetic Survey. Upon adoption ofthis resolution, the Harnett County Board of Commissioners directed the Harnett County Tax Administrator to assess parcels, or portions thereof, that have previously been assessed in Wake County but will now be in Harnett County in accordance with the plat prepared by the North Carolina Geodetic Survey and mutually agreed to by this Board and the Wake County Board of Commissioners. (Attachment 1) 15. Hamett County Parks and Recreation requested approval of an amendment to the contract between the County of Harnett and the YMCA of the Sandhills to open a YMCA facility in Harnett County. The amendment includes a five-month extension of the 50 percent completion date from April 30, 2019 to September 30, 2019. Vice Chairman Howard presented a proclamation recognizing Dan Honeycutt's dedicated service to Hamett County and its citizens to his wife Teresa and son Lance. Commissioner Miller presented Mr. Edwards with a proclamation celebration his 100th birthday. Mr. Edwards addressed the group. Chairman Springle opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. Cris Nystrom of 391 Senter Lane in Bunnlevel addressed the group. Commissioner Elmore moved to approve the appointment listed below. Commissioner Miller seconded the motion that passed unanimously. Harnett County District H Tourism Authority Ricky Ray, representing Campbell University, was appointed to serve on this Board for a term of three years expiring October 31 , 2021. October 15, 2018 Regular Meeting Minutes Hamett County Board of Commissioners Page 3 of 6 110518a HCBOC Page 5 Harnett County Development Services Director Mark Locklear petitioned the Board for a public hearing on Proposed Zoning Change: Case # PLAN 1808-0001 Landowner/ Applicant: Moses & Melanie Farmer / Par 5 Development Group, LLC; 2.5 +/-acres; Pin #0518-91-0268.000 ; From RA-30 to Conunercial Zoning District; Intersection of NC Hwy 27 West & SR# 1238 (Springhill Church Road); Upper Little River Township. Mr. Locklear noted the Harnett County Planning Board, during their September 4, 2018 meeting, voted unanimously (5-0) to reconunend approval based on compliance with the County's Land Use Plan as well as existing nonresidential uses. He said no one attended the meeting in opposition. The site is currently vacant and surrounding land uses consist of individual single- family residences and several nonresidential uses . Services available include Harnett County public water and private septic tank. Mr. Locklear stated staffs evaluation as: The IMP ACT to the adjacent property owners and the surrounding conununity is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the conununity. REASONING: The requested zoning change to Commercial will not have a negative impact on the conununity, as it is similar in nature to existing uses within this area, specifically around this intersection. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning district is compatible with this area's land use classification of a Rural Center development node. Small-scale commercial centers are typical for these development nodes with non-residential areas usually less than 50,000 square feet in total. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested rezoning to Conunercial would maintain or enhance the public health, safety and general welfare due to the area's existing conunercial uses as well as the potential site improvements that would be required. The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Due to the size of the tract and that the proposed zoning district is not inunediately adjacent the application should be evaluated for Small Scale Rezoning. Suggested Statement-of-Consistency: Staff concludes that the requested rezoning to Commercial is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community based on the uses in this area as well as the County's Land Use Plan designation for this area therefore it is recommended that this rezoning request be approved. Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. Scott Brown of 409 Chicago Drive in Fayetteville, a civil engineer on behalf of the applicant, spoke in favor of the proposed rezoning. October 15, 2018 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 6 110518a HCBOC Page 6 Seeing no one else move, Chairman Springle closed the public hearing. Commissioner Elmore moved to approve the requested rezoning to Commercial as it is compatible with Hamett County regulatory documents and would not have an unreasonable impact on the surrounding community based on the existing nonresidential uses and the County's Land Use Plan designation for this area. Vice Chairman Penny seconded the motion that passed unanimously. Jeffrey Poley with Parker Poe petitioned the Board for a public hearing regarding the issuance of Public Finance Authority Assisted Living Revenue Bonds, not to exceed $8,500,000, for Senter's Memory Care in Fuquay-Varina, North Carolina. Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman Springle closed the public hearing. Chairman Springle clarified this is no cost to the County. Commissioner Elmore moved to approve the resolution regarding the issuance by the Public Finance Authority of its assisted living revenue bonds, in one or more series, in the principal amount not to exceed $8,500,000, for the purpose of financing or refinancing the acquisition and construction of certain assisted living facilities located in the county; and other related matters. Vice Chairman Penny seconded the motion that passed unanimously. (Attachment 2) Hamett County Transit Program Manager Larry Smith petitioned the Board for a public hearing regarding the 5311 Community Transportation Program application FY 2020 for $453,620 to be submitted to the North Carolina Department of Transportation, Division on Public Transportation. Local matching funds total $59,343. The Section 5311 Program intends to enhance the access of people in non-urbanized areas to health care, shopping, education, employment, public services and recreation. Section 5311 assists in the maintenance, development, improvement and use of public transportation systems in non-urbanized areas. Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman Springle closed the public hearing. Commissioner Elmore moved to approve the grant application including the resolution for FY 2020 funding for the HARTS program. Vice Chairman Penny seconded the motion that passed unanimously. Barry Blevins, Director of Harnett County General Services, requested approval of the Project Ordinance to demolish the former Benhaven Elementary School's cafeteria/classrooms and renovate the remaining facilities to meet North Carolina Building Codes. Anticipated expenses for the project is $1,900,000 with portions of this project funded with the proceeds from the 2017 General Obligation School Bond. Mr. Blevins said some plans for the new space include a library, parks and recreation, and storage. Mr. Blevins responded that staff would make bricks and flooring from the old building available to the community. October 15, 2018 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 6 110518a HCBOC Page 7 Vice Chairman Penny asked if an agreement was in place to ensure an orderly transfer of this property from the Board of Education. Mrs. Stewart noted staff drafted a Memorandum of Understanding that needs approval by the Board of Commissioners and the Harnett County Board of Education before spending monies on this project. Commissioner Miller moved to approve the Project Ordinance for the Former Benhaven Elementary School. Vice Chairman Penny seconded the motion that passed unanimously. Morgan Sills and Alyssa Kardatzke, Community Development Managers with the Southwest Region of the American Cancer Society, presented the "Real Men Wear Pink" Breast Cancer Awareness Campaign. Mrs. Stewart presented the following report: Harnett County Veteran Services Activities -September 2018 Harnett County Public Health Activities -September 2018 Mrs. Stewart reviewed upcoming invitations and meetings. There was no new business or need for closed session. Commissioner Elmore moved to adjourn the meeting at 7:41 pm. Vice Chairman Penny seconded the motion, which passed unanimously. Gordon Springle, Chairman Margaret Regina Wheeler, Clerk October 15, 2018 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 6 110518a HCBOC Page 8 ATTACHMENT 1 JOINT RESOLUTION ADOPTIONG AND ESTABLISHING THE COMMON BOUNDARY LINE BETWEEN WAKE COUNTY AND HARNETT COUNTY WHEREAS, N.C.G.S. § 153A-18 provides that if two or more counties are uncertain as to the exact boundary between them, they may cause the boundary to be surveyed, marked and mapped; and WHEREAS, pursuant to a Joint Resolution with Wake County, Hamett County and Chatham County approved by the Hamett County Board of Commissioners and Wake County Board of Commissioners on or about April 16, 2018, North Carolina Geodetic Survey was authorized to locate and survey the boundary line between Wake County and Harnett County; and WHEREAS, as part of the preliminary survey work completed by North Carolina Geodetic Survey, it was determined that Wake County and Chatham County had been using a boundary comer established by survey in 1961 that differed from the actual location of the Wake/Chatham/Harnett tri-county boundary comer; and WHEREAS, pursuant to SL2018-62 ratified by the North Carolina General Assembly on or about June 25, 2018, the tri-county comer boundary between Wake, Chatham and Hamett County was established in accordance with N.C.G.S. § 153A-17; and WHEREAS , now that the tri-county comer has been established, Wake County and Harnett County mutually desire to finalize the location of the common boundary shared between them; and WHEREAS, North Carolina Geodetic Survey has prepared an official survey of the Wake County and Harnett County common boundary for adoption and ratification by the Wake County and Harnett County Boards of Commissioners. NOW THEREFORE, BE IT RESOLVED BY THE WAKE COUNTY BOARD OF COMMISSIONERS AND THE HARNETT COUNTY BOARD OF COMMISSIONERS that the survey completed by the North Carolina Geodetic Survey attached hereto as Exhibit A is hereby adopted for the purpose of locating the common boundary between Wake County and Harnett County. BE IT FURTHER RESOLVED that upon adoption of this Joint Resolution, Wake County and Hamett County will work together to reconcile county services to affected properties such as board of elections, zoning, building permitting, emergency response, and tax assessments. 1 110518a HCBOC Page 9 BE IT FURTHER RESOLVED that upon adoption of this Joint Resolution, staff is directed to register a copy of the same with the Register of Deeds in Wake County and Hamett County as well as the North Carolina Secretary of State 's Office. That this JOINT RESOLUTION shall become effective on January I , 2019. WAKE COUNTY Adopted this 15th day of October, 2018. 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"! _Ir'· ... ~:,· • 1· ~""1or~ NORTH CAROUNA GEODETIC SURVEY Department of Public Safety DIYillion or Emergency Management HARNEIT COUNTY AND SfAtt OI NOft1M CA1tC1t..N 5sJ 80UNCWIY LINE e ~ WAKE COUNTY O..lMIWit C'Cllr,INTY QI Nlll'CO,. I.NO -~ aum" as flMCO. Lao --•,....an · OIIJMN sr. os I MCk 8't: ~ :.=o ~~UC Doll(: 9/7/20tl I "l"I Do\Tt• ---oouwr, "' ~JOit) ~Qt.'°="'9'~ •;w.,;cm,~ic_,=: 9tttT .1.. or 110518a HCBOC Page 12 ATTACHMENT 2 PROCEEDINGS OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA AT ITS REGULAR MEETING HELD ON OCTOBER 15, 2018 At approximately 7:00 p.m., the Chair of the Board of Commissioners of the County of Harnett, North Carolina ("Board") opened the public hearing relating to the Project and Bonds as set forth in the public hearing notice published on September 26, 2018 and attached as Exhibit A A compilation of the comments received is set forth in Exhibit B . Thereupon , the Chair closed the public hearing and the Board adopted the following resolution: A RESOLUTION REGARDING THE ISSUANCE BY THE PUBLIC FINANCE AUTHORITY OF ITS ASSISTED LIVING REVENUE BONDS, IN ONE OR MORE SERIES, IN THE PRINCIPAL AMOUNT NOT TO EXCEED $8,500,000.00, FOR THE PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION AND CONSTRUCTION OF CERTAIN ASSISTED LIVING FACILITIES LOCATED IN THE COUNTY; AND OTHER RELATED MATTERS. WHEREAS, the Board is advised that the Public Finance Authority ("Authority"), a State of Wisconsin commission, acting by and through its Board of Directors, is authorized and empowered under and pursuant to the provisions of Sections 66.0301, 66.0303, and 66.0304 of the Wisconsin Statutes, as amended ("Act"), to issue bonds and enter into agreements with public or private entities for the purpose of financing capital improvements located within or without the State of Wisconsin and owned, sponsored, or controlled by a participant, as defined in the Act; WHEREAS, the Board is advised that HP6 FUQUAY-VARINA HEALTH INVESTORS, LLC and FUQUAY-VARINA HEALTH HOLDINGS, LLC, each a North Carolina limited liability company, the sole member of each is Regional Housing & Community Services Corporationi a California nonprofit corporation and an organization described in Section 50l(c)(3) of the Internal Revenue Code of 1986, as amended ("Code") (collectively , "Borrower") applied to the Authority to issue its Assisted Living Revenue Bonds ("Bonds") in one or more series in an aggregate principal amount of $8 ,500,000.00, which will be loaned to the Borrower to finance or refinance: (a) the acquisition of land, certificates of need , and licenses; (b) certain predevelopment expenses; and ( c) expansion and improvements to an assisted living facility to an approximately 26,773 square foot, 50 unit (50 beds) at 40 Rawls Club Road, Fuquay-Varina, North Carolina 27526 (collectively, the "Project"); and (d) pay certain fees and costs associated with the issuance of the Bonds; WHEREAS, the Board is advised that the Project will be initially owned and operated by the Borrower; WHEREAS, the Borrower believes that the Project will benefit the County of Harnett, North Carolina ("County"), generally and, in particular, by providing affordable, decent, safe, and sanitary housing and assisted living facilities for people from the County and surrounding areas; WHEREAS, the Board is advised that pursuant to Section 66.0304(1 l)(a) of the Wisconsin Statutes and Section 4 of the Amended and Restated Joint Exercise Power Agreement Relating to the Public Finance Authority dated as of September 28, 2010 (collectively, "Authority Requirements") and Section 147(f) of the Code and Treasury Regulations Section 5f.103 -2(f), as www.h arnett.org 110518a HCBOC Page 13 amended (collectively, "Federal Tax Requirements"), prior to the issuance of the Bonds by the Authority, and after a public hearing held following reasonable public notice, the Borrower is requesting the Board as the highest elected representatives of the County and the governmental unit having jurisdiction over the area in which the Project is located , to approve the Authority 's issuance of the Bonds and the financing the Project in the County; WHEREAS, on this date, prior to any deliberations regarding this Resolution, the County held a public hearing at which all interested persons had a reasonable opportunity to express their views on the location of the Project, the issuance of the Bonds, and other related matters. The public hearing was duly noticed by publication, attached as Exhibit A, in a newspaper having general circulation in the County, not less than 14 days prior to the date thereof; and WHEREAS, neither the Board nor the staff of County independently confirmed or verified the information provided to the Board by the Borrower or its representatives recited above; and WHEREAS, at the Borrower's request, the Board now desires to approve the Authority 's issuance of the Bonds and the financing of the Project in order to satisfy the Authority Requirements and the Federal Tax Requirements. NOW, THEREFORE, BE IT RESOLVED by the Board as follows: Section 1. It is hereby found , determined, and declared that the Project and the Bonds will give rise to no pecuniary liability of the County, or a charge against its general credit or taxing power. Section 2. As required by and in accordance with the Authority Requirements and the Federal Tax Requirements, the Board, as the applicable elected representatives of the governmental unit having jurisdiction over the area in which the Project is located, approves the Authority's issuance of the Bonds and the financing of the costs of the Project in the County solely for the Authority Requirements and the Federal Tax Requirements. Section 3. The County shall have no responsibility for the payment of the principal of or interest on the Bonds or for any costs incurred by the Borrower with respect to the Bonds or the Project. The County pledges neither its taxing power nor revenues for the Bonds. The County has no responsibility for the Borrower, the Project or for the success of the Project. Section 4. The Board makes no finding regarding whether the Project will benefit the general public welfare of Harnett County or whether the Project constitutes a "public purpose" under the applicable provisions of the North Carolina Constitution and the case law interpreting those provisions . Section 5. All orders and resolutions and parts thereof in conflict herewith are to the extent of such conflict hereby repealed, and this Resolution shall take effect and be in full force and effect from and after its adoption . [Signature Page Follows] www.harnett.org 2 110518a HCBOC Page 14 Adopted this 15th day of October 2018. COUNTY OF HARNETT, NORTH CAROLINA By: Go~h1vH1 Chairman of the Board of Commissioners www.harnett.org 3 110518a HCBOC Page 15 AFFP SENTER'$ MEMORY CARE 10/15/18 Affidavit of Publication STATE OF NC} COUNTY OF HARNETT} ss The Undersigned, being duly sworn, says: That she is Representative of the The Daily Record, a weekly newspaper of general circulation, printed and published in Dunn, Hamett County, NC; that the publication, a copy of which is attached hereto, was published in the said newspaper on the following dates: September 26, 2018 That said newspaper was regularly issued and circulated on those dates. SIGNED: i YJ!&-t/J~~ Subscribed to and sworn to me this 26th day of September 2018. ,,,, ....... ,,,, .... •' p..RY p ',,, NOTICE OF A PUBLIC HEARING REGARDING NOT TO EXCEED $8,500 ,000 PUBLIC FINANCE AUTHORITY ASSISTED LIVING REVENUE BONDS (SENTER'S MEMORY CARE) Exhibit B NOTICE IS HEREBY GIVEN that, as required by Section 147(f) of the Internal Revenue Code of 1986 , as amended (the "Code~). the Board of Commissioners of Hamett County, North Carolina (the "County"), will hold a public hearing al its regularly scheduled meeting on October 15, 2018, al 7 PM in the Board of Commissioners' Meeting Room located at 420 McKinney Parkway, LiHlngton , North Carolina 27546 , or as soon as practicable thereafter, concerning the proposM issuance by the Public Finance Authority (the "Authority"), a commission organized under and pursuant to the provisions of Sections 66.0301, 66.0303 and 66.0304 of the Wiscon sin Statutes, of its Assisted Living Revenue Bonds. in one or more series or issues (Iha "Bonds"). The Bonds are expected to be Issued by the Authority in a maximum principal amount not to exceed of $8,500,000 . The proceeds from the sale of the Bonds will be loaned to Fuquay-Varina Health Holdings, LLC and HP6 Fuquay- Varina Health Investors, LLC. each a North Carolina limited liability company, of which Regional Housing & Community Services Corporation, a California public- service corporation and an organization described in Section 501 (c)(3) of the Code. is the sole member (collectively, the "Borrower"), and used to finance or refinance (i) the acquisition and capital improvements to an assisted living facility to an approximately 26,773 square foot, 50 uni! (50 beds) facility to be located at 40 Rawls Club Road, Fuquay-Varina, North Carolina 27526, including the acquisition of land, certificates of need, licenses and certain predevelopment expenses associated with the facility (collectively, the "Project"), and (ii) certain fees and costs associated with the issuance of the Bonds . .... <'(,~ •• •·.:-·:•.: & ',, / 00 .. :;p" "'' 1•·'-:,::•!o> "• The Project will initially be owned and operated by the Borrower. : . ~'"'..; -q.-. (.j) 4:.. ~ ~'Bo · O:" :;:r 1Q1ARY q.. • o trnOfY~VY, MJ. : 8 "· :. ': 3"he Bonds will be special limited obligations of the Authori~ payable so~ly from the _ , ,_ '" • loan repayments to be made by the Borrower to the Authority, and certain funds and ~ , ~ "'>--··.~.,PU 8 l I~// e;· Jeccounts established by the trust indenture for the Bonds . ... .,. y7,?, •• :''ss.,o.\ ' .. ,..; .... ~ .. -:: • • ~ ,' My commission expires· July 23 2022 ',, 11t/··,:.-: ... ··:\4. · , .... At the lime and place fixed for the public hearing, all persons who appear will be · ' '•,, 17 CQ\.1~ ,,•" given a reasonable opportunity to express their views, both orally and in writing, fo r 00012821 00036356 '• ,, ,. ,. ,. , , ''' or against the proposed issuance of the Bonds, the location and nature of the Project and other related matters. The Board also intends at the October 15, 2018, meeting to consider and take action on a resolution regarding the issuance of the Bond s by the Authority. PARKER POE ADAMS & BERNSTEIN, LLP POBOX389 The resolution will explicitly provide that: The County has no responsibility for the payment of the princlpal of or interest on the Bonds or for any costs incurred by the Borrower with respect to the Bonds or the Project. The County pledges neither its taxing power nor revenu es for the Bonds . The County has no responsibility for the Borrower, the Project or for the success of the Project. 301 FAYETTEVILLE ST. RALEIGH, NC 27601 Any person wishing to submit written comments regarding the proposed issuance of the Bonds, the location and nature of the Project and other related matters should do so by submitting comments to the Clerk to the Board no l ater than 5:00 PM on October 15, 2018, at 420 McKinney Parkway, Lillington, North Carolina 27546. 110518a HCBOC Page 16 © MEDIA COMPANY consult. strategize . deliver. Powered by McClalthy The News & Observer 421 Fayetteville Stleet Suite 104 Raleigh . NC 27601 Exhibit B AFFIDAVIT OF PUB LICATION Account '# Ad Number Identification 109113 0003864226 Revenue Bonds (Senler's Memory Care) Attention: PARKER POE ADAMS & BERNSTEI 301 FAYETTEVILLE ST, SUITE 1400 RALEIGH, NC 27601 ....... ······-···················· ······················-·························· NOTICE OF A PUBLIC HEARING REGARDING NOTTO EXCEEDsa.!ilQ,000 PUBLIC FINANCE AUTHORITY ASSISTED LIVING REVENUE BONDS (SENTER'$ MENDRY CARE) NOTICE IS HEREBY GIVEN lhol, as required by Section 147(1) ol lhe lnlemol Revenue Code at 1986, as ame,,ded (the • the Boord of Commissioners of Harnett County, North Con,llno (I , will hold o public hearing at its ~=~~=eetln on tl~~~ 1!!!1f~;.or -itie iiroiioseolisiiorice bv 1he Publlc Finance Authority (the "Autho@"'), a commission organized un- der and pursuant 10 lhe provisions of Secilons 66.0301, 66.0JIXl and 66.0304 of the Wisconsin Statutes, ot its Assisted Living Revenue Bonds, in one or more stries or issues UM·1 ~J!!."). The Bonds are OKPKled 10 be Issued by lhe Aulhority in o maximum principal amount nol lo exceed of SB.500,000. The proceeds from lhe sole of 1he Bonds will be loaned to Fuquav-Vorino Health Holdings, LLC and HP6 Fuquay-Varina Heallh lnveslors, LLC, each a North Carofino Hmlted llobillfy company, of which Regional Housing & CommunUv services Corporation. o Colifomlo PUbllc-sen.iice corporation and on organization described in Section 501 CcHll of 1he Code, is !he sole member (corlecll"Yelv, the ,.Borrower"), ond t1Sed to finr;mce or refinance (i) the acquisition oner capitol improvements to on assisted living facility to an ap - proximo!ely 26.7n square fool, SO unil (SO beds) facilily lo be localed ol 40 Rowls Club Rood. Fuquay-Varina, Nor1h Corolino 27526, includjn9 the acquisition of l~"!,f:~~~1~f,,~ f:tfeJ\f;~,sis ,~d ,,ffiY!itr;;t:~11m"~~1r,!~rrie'ss (l°idsocc~::; ossocialed with lhe issuance al !he Bonds. The Prolecl will inl!ially be owoed and operated by the Sorrower. The Bonds will be special limited obllga1ions of !he Au1hori1Y payable solely from the loon repayments lo be made by lhe Borrower ta Ille AulhorilY, ond cer- tain funds and occounls established by the trust ind~nture tor the Bonds. At the rime and place fixed for 1he public heorin9, oil PttnOM who oppe,o, will be given o reasonable OPPOr1unity to eKpress their v iews, bOth orallv end in writ· ing, for or ogoinsl the propased Issuance ot the Bonds, 1he locollon and nolure al lhe Project and other related matters. The Boord also inlends at lhe October 15. 2018~ mee1ino to consider and toke action on a resolution reoording the issuance ol lhe Bonds by the Authority. The resolulion will explicitly provide thol: Tile County has no responsibility for 1he payment of the Princ:!POI of or fnhtntst on the Bends or for any cmls Incurred l>Y the Born,wer with respect 1o the -or the Prol«:t. The c:oun1Y Pledges nel· !her lls taxlr111 power nor revenues for the Bonds. The Counly has no respansjblll- ty for the llom>wer, thePmlectarfar1he suc:cas:s of the Pmlect. Ar1y penon wishing to submU written comments regording the proposed is.su .. once of Ille B0fld5, the loca11on and no1ure a11he Pmiect and o1her relaled mal· ters sttovld do so by submlllin• comments 10 1he Clerk to 1he Boord no la1er than 5:00 PM on Oclober 15, 2018, a1 420 McKinney Parkwov, Llllinglon. North Coroll-na 275'6. AdditfonoJ information concernrng the Prolect mar be obtained from Jeff Poler, r.~l\;i,mJ;ft~l.\°r'::1:.~~:;.,"".1, Suite 1400, Raleigh, NC 27601; Email Address: N&.O : Seplember 26, 2018 PO Cols Lines 2 60 STATE OF NORTH CAROLINA COUNTY OF WAKE Before the undersigned. a Notary Public of : Johnston County, North Carolina , duly : commissioned and authorized lo administer : oaths, affirmations, etc .• personally appeared ; PAM OLENICZAK. who being duly swom or : affirmed, according to law. doth depose and : say that he or she is Accounts Receivable : Specialist of the News & Observer Publishing : Company, a corporation organized and doing ; business under the Laws of the State of ; North Carolina, and publishing a newspaper : known as The News & Observer, Vllake : County and Stale aforesaid, the said : newspaper in which such notice, paper, : document or legal advertisement was ; published was, at the time of each and every ; such publication. a newspaper meeting all of : the requirements and qualifications of Section : 1-597 of the General Statutes of North ; Carolina and was a qualified newspaper : within the meaning of Section 1-597 of the : General Statutes of North Carolina, and that : as such he or she makes this affidavit ; and is : familiar with the books. files and business of : said corporation and by reference to the files : of said publication the attached advertisement __ 1 __ lnsertion(s) Published On : September 26, 2016 PAM OLENICZAK. Accounts Recei(,,i,Je Specialist Sworn to and sub~bed before me this 27th day of September, 2018 My Commission Expires: 7110/2023 110518a HCBOC Page 17 HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Work Session October 9, 2018 The Hamett County Board of Commissioners met in work session on Tuesday, October 9, 2018, in Conference Room A , County Administration Building, 420 McKinney Parkway, Lil1ington, North Carolina. Members present: Staff present: Gordon Springle, Chairman Howard Penny, Vice Chairman Abe Elmore, Commissioner Barbara McKoy, Commissioner Joe Miller, Commissioner Paula Stewart, County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Brian Haney, Assistant County Manager Allen Coats, Deputy Finance Officer Chairman Springle called the meeting to order at 9:00 am and led the Pledge of Allegiance and invocation. The following agenda was before commissioners: )" NCDOT request for approval to disinter approximately 83 graves )" YMCA of the Sandhills request for an agreement extension )" Harnett-Wake County Boundary Line )" County Manager's Report: )" Closed session )" Adjourn Town of Coats request for assistance in offsetting the tipping fees associated with debris disposal from July 22°d storm October 15, 2018 Regular Meeting Agenda Review Invitations and upcoming meetings Mr. R.A. Marshall, Real Property Supervisor II with the North Carolina Department of Transportation (NCDOT) Division 6 Right of Way Office, presented NCDOT's request for approval to disinter approximately 83 graves from two abandoned cemeteries in Harnett County to accommodate the widening of 1-95. The Tew Cemetery is an abandoned cemetery located at 1-95 at SR 1808 (Jonesboro Road) and SR 1709 (Hodges Chapel Road), and the Taylor Cemetery is an abandoned cemetery located at I-95 at us 421 (Exit 73) and SR 1793 (Pope Road)(Exit 72). October 9 , 2018 Work Session Minutes Hamett County Board of Commissioners Page 1 of 3 110518a HCBOC Page 18 Mr. Marshall assured the Board that NCDOT will fulfill all of the requirements for the removal and relocation of the remains within these graves as outlined by the North Carolina General Statutes, §65-106 . He briefly reviewed the requirements and his efforts in this process. Mr. Marshall responded to questions and noted arrangements will be made for the remains of approximately (57) graves from the Tew Cemetery to be re-interred to the Willis & Lillie Tew Cemetery, the Veterans Memorial Gardens Cemetery, the Tew Cemetery located at 1570 Union Church Road, and the Grove Presbyterian Church cemetery. Arrangements will be made for the remains of approximately (26) graves from the Taylor Cemetery to be re-interred to Memorial Gardens Cemetery or Greenwood Cemetery. During an upcoming regular meeting, commissioners will consider approval of resolutions approving NCDOT's requests for removal of these graves determined necessary to accommodate the widening ofl-95. Mrs. Stewart presented the Town of Coats' request for assistance in offsetting $9,093 in tipping fees associated with debris disposal from the July 22, 2018 storm. Staff will research if the Town of Coats has received assistance or waiver of tipping fees in the past. GIS /E-911 Operations Administrator Clint Williams discussed the Harnett-Wake County Boundary Line. Mr. Williams reminded the group that in June 2018 the North Carolina General Assembly ratified legislation, Session Law 2018-62 , that corrects the common corner for Wake, Harnett and Chatham. He said the next step was to resolve uncertainties in the shared boundary line between Wake and Harnett County. Mr. Williams said this could be accomplished by approving a joint resolution adopting the location of the boundary line between Hamett County and Wake County in accordance with the plat prepared by the North Carolina Geodetic Survey. He noted approval of the resolution would also direct the Harnett County Tax Administrator to assess parcels, or portions thereof, that have previously been assessed in Wake County but will now be in Harnett County. Mr. Williams responded that 108 parcels will be affected and Harnett County will gain approximately $800,000 in tax value. Commissioners will consider approving the joint resolution adopting the location of the boundary line between Harnett County and Wake County in accordance with the plat prepared by the North Carolina Geodetic Survey during an upcoming regular meeting. Mr. Williams also noted staff is working on boundary lines with Moore, Cumberland, Johnston and Sampson Counties. Last, Mr. Williams introduced new employee Jason Dowdy. Rick Houp, CEO of the YMCA of the Sandhills, requested an agreement extension to the contract between the County of Harnett and the YMCA of the Sandhills to open a YMCA facility in Harnett County. Mr. Houp said the contractor said it would be difficult to reach the 50 percent completion date by April 30, 2019 due to impacts of Hurricane Florence. Mr. Houp requested a five-month extension to reach the 50 percent completion however; he believes the project will be complete by the end of 2019. October 9 , 2018 Work Session Minutes Harnett County Board of Commissioners Page 2 of3 110518a HCBOC Page 19 It was the con sensus of the Board to cons ider approval of an amendment to the contract with YMCA of the Sandhills for a five-month extension of the 50 percent completion date from April 30, 2019 to September 30, 2019. Mr. Houp also told commissioners that his Board i s willing to surrender 10 ,000 square feet of space at the facility for a library. Discussions continued and Mr. Houp responded to questions. Mrs. Stewart reviewed the draft October 15 , 2018 regular meeting agenda. She also reviewed invitations and upcoming meetings. Mrs. Stewart provided preliminary number from the recent D-SNAP Program. Staff noted October is Breast Cancer Awareness Month. It was the consensus of the Board to send a letter of support in response to First Choice Community Health Centers seeking support for their application for funding through the Section 330 Service Area Competition Grant (SAC). Vice Chairman Penny moved that the Board go into closed session for the following purposes: 1) To discuss matters relating to economic development in Hamett County; and 2) Consultation with the County's legal staff in order to preserve the attorney-client privilege concerning the handling of certain litigation including the following cases: a. Workers Compensation Case of William Andrew Slaughter, I.C . File No. 18- 019708 ; b. Anderson Creek Partners, L.P., et als vs County of Harnett, File No. 17 CVS 363 ; c. Griggs vs Chisenhall File No. 17 CVS 1747 Thi s motion is made pursuant to N .C . General Statute Section 143-318 .11 (a)3 & 4. Commissioner Elmore seconded the motion, which passed unanimously. Vice Chairman Penny moved that the Board come out of closed se ssion. Commi ssioner Miller seconded the motion that passed unanimously. Commissioner Elmore moved to adjourn the meeting at 11 :38 am . Vice Chairman Penny seconded the motion, which passed unanimously. Gordon Springle, Chairman Margaret Regina Wheeler, Clerk October 9 , 2018 Work Session Minutes Hamett County Board o f Commissioners Page 3 of 3 110518a HCBOC Page 20 HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Special Meeting September 25, 2018 The Harnett County Board of Commissioners met in special session on Tuesday, September 25 , 2018, in the Commissioners Meeting Room, County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Members present: Members absent: Staff present: Gordon Springle, Chairman Howard Penny, Vice Chairman Joe Miller, Commissioner Barbara McKoy, Commissioner Abe Elmore, Commissioner Paula Stewart, County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Chairman Springle called the meeting to order at 9:00 am. Vice Chairman Penny led the Pledge of Allegiance and invocation. Commissioner Miller moved to approve the following items on the consent agenda. Vice Chairman Penny seconded the motion, which passed 3 -0 . 1. Minutes: September 4, 2018 Regular Meeting 2. Budget Amendments: 50 Aging Department Code 110-7500-441.33-45 Contracted Services 110-7552-441.33-45 Contracted Services 110-0000-331.77-03 Title Ill-Home & Community Block Gr 110-0000-331.75-52 HCCBG Nutrition 53 Animal Shelter Code 110-0000-334.65-0l Spay and Neuter (I CARE) l 10-0000-399.00-00 Fund Balance Appropriated 55 Finance Code 110-4400-410.11-06 Comp Time Payout l 10-4400-410.11-13 Vacation Payout 110-4400-410.11-00 Salaries & Wages 30,626 increase 12 ,000 increase 30,626 increase 12,000 increase 13,000 increase 13 ,000 decrease 4 increase 2,483 increase 2,487 decrease September 25, 2018 Special Meeting Minutes Harnett County Board of Commissioners Page 1 of 5 110518a HCBOC Page 21 56 WHIP Transmission -PU 1702 Code 502-9100-431.45-01 Construction 502-9100-431.45-80 Contingency 57 Overhills HS Cafeteria -CPI 803 Code 357-8300-480.45-01 Construction 357-8300-480. 45-80 Contingency 58 Benhaven Elementary -CPI 702 Code 336-8300-480.47-30 Construction 336-8300-480.47-62 Contingency 59 Transportation Code 110-4650-410.32-70 Capital Assistance TDP 110-0000-334.55-01 NCDOT Transportation (CTP) 61 Health Department Code 110-7600-441 .11-13 Vacation Payout 110-7600-441.60-33 Materials & Supplies 67 Cooperative Extension Code l 10-7301-465.12-00 Salaries & Wages -Part Time 110-7301-465.22-00 FICA 110-7301-465.26-08 Workman's Compensation 110-7301-465 .60-33 Materials & Supplies l 10-7301-465.41-11 Telephone & Postage 110-7301-465.58-14 Travel l 10-7301-465.58-01 Training & Meetings l 10-7301-465.60-53 Dues & Subscriptions 110-7301-465.30-22 Reimbursement -Indirect Cost 110-0000-334.73-0l Child Care Grant-Core Services 68 Facility Maintenance Code 1.10-4700-410.30-04 Professional Services 110-8800-490.32-l 6 Contingency 69 Cooperative Extension Code 110-7310-465.33-45 Contracted Services 110-7310-465.58-14 Travel 110-0000-353.73-10 Parents As Teachers Family Program Agricultural Foundation 13 ,180 decrease 13,180 increase 93 3 decrease 93 3 increase 19,462 decrease 19,462 increase 61,000 increase 61,000 increase 736 increase 73 6 decrease 19,819 increase 1,516 increase 272 increase 3,248 increase 300 increase 2,575 increase 500 increase 500 increase 2,873 increase 31,603 increase 15,000 increase 15 ,000 decrease 26,004 increase 4,800 increase 30,804 increase September 25, 2018 Special Meeting Minutes Hamett County Board of Commissioners Page 2 of 5 110518a HCBOC Page 22 70 JCPC Grant Program Code 110-5899-420.32-64 110-5899-420.35-25 110-5898-420.33-45 110-5898-420.54-26 110-5898-420.58-14 110-5898-420. 60-33 110-5898-420.60-33 110-5898-420.60-57 110-0000-344 .41 -08 110-0000-331.41-02 110-0000-331.79-01 71 JCPC Grant Program Code 2104300-569000 2104300-569000 2104300-544000 2104300-537010 2104300-531030 2104300-526010 2104300-522010 2104300-549090 2103300-330310 2103300-330310 2103300-330310 72 Sheriffs Office Healthy Choices Court Psychologist JCPC Adm.in Contracted Services JCPC Adm.in Advertising JCPC Admin Travel Admin JCJPC Admin Materials & Supplies JCPC Admin Food & Provisions JCPC Admin Misc. Expense JCPC Healthy Choices CBA-Court Psychologist JCPC Admin. Healthy Choices Court Psychologist JCPC Admin Contracted Services JCPC Admin Advertising JCPC Admin Travel Admin JCPC Admin Materials & Supplies JCPC Admin Food & Provisions JCPC Adm.in Misc. Expense JCPC Healthy Choices CBA-Court Psychologist JCPC Admin Code 110-5100-420.32-60 SheriffTowing 110-0000-356.51-l 3 Reimbursement -Towing 7 4 Over hills HS Cafeteria -CP 1803 Code 357-8300-480.45-80 Contingency 357-8300-480.45-01 Construction 77 Veterans Treatment Court Code 2504185-544000 2504185-544000 2504185-531050 2504185-504010 2504185-526010 2504185-539090 2504185-539090 2504185-523040 2504185-330210 Contracted Services Veterans Court Salaries Training & Meetings Travel Admin Materials & Supplies Other Materials Equipment Drug Testing SAMHSA Grant 45,000 decrease 4,000 decrease 5,500 decrease 1,500 decrease 2,500 decrease 700 decrease 3,500 decrease 1,800 decrease 45 ,000 decrease 4,000 decrease 15,500 decrease 45,000 increase 4,000 increase 5,500 increase 1,500 increase 2,500 increase 700 increase 3,500 increase 1,800 increase 45,000 increase 4,000 increase 15,500 increase 575 increase 575 increase 98 increase 98 decrease 153 ,101 decrease 64,009 decrease 6 ,079 decrease 3 92 decrease 2,217 decrease 11,232 decrease 9, 148 decrease 4 ,879 decrease 251 ,057 decrease September 25, 2018 Special Meeting Minutes Harnett County Board of Commissioners Page 3 of 5 110518a HCBOC Page 23 78 Veterans Treatment Court Code 2504185-519090 2504185-531050 2504185-504010 2504185-5260 I 0 2504185-539090 2504185-539090 2504185-330210 Professional Services Training & Meetings Travel Ad.min. Materials & Supplies Other Materials Equipment BJA Grant 77,320 decrease 1,93 7 decrease 1,647 decrease 2,218 decrease 1, 124 decrease 788 decrease 85 ,034 decrease 3. Tax rebates, refunds and releases 4 . Hamett County Development Services requested approval of a contract to perform structural condemnation services for the Town of Coats. The contract is for one year and compensation shall be rendered in the amount of $1,500 per structure. A separate fee shall be paid in the amount of $50 per hour expended by any agent or employee of the County in providing any services other than Structural Condemnation Services. 5. Hamett County Director of Capital Projects requested approval of the NCDOT agreement and payment of $100,000 upfront for the construction of an access road to North Harnett Primary. The road will be funded up to $400,000 by NCDOT and the County will be responsible for any project costs above that amount. Final project costs will be settled at the end of construction. NCDOT will be responsible for causing the design and construction of the road as well as responsible for maintenance of the road upon completion. 6. Harnett County Sheriffs Office requested approval to accept a donation of $1,000 from G .G. Buffing and D.M. Buffing to be used for expenses incurred by future Harnett County SherifPs Office Citizen's Academies. 7. Harnett County Sheriffs Office requests approval to enter into an agreement with the State of North Carolina regarding the transfer of a Department of Defense Utility Truck (Humvee) to be used by the Harnett County Sheriffs Office. Harnett County Emergency Services Director Jimmy Riddle provided an update and timeline of events for Hurricane Florence. Discussions continued. NCACC Membership Services Coordinator Matt Gunnet addressed the Board. Mr. Gunnet and LGFCU Senior Membership Development Officer Chris Temple presented the LGFCU 2018 Excellence in Innovation Award and $1000 to Harnett County Parks and Recreation for development and implementation of the Boone Trail Community Center & Library. Team members recognized were Harnett County Parks and Recreation Director Carl Davis, Recreation Program Supervisor Drew Bryant and Harnett County Library Director Angela McCauley. Mr. Bryant and Mrs. McCauley addressed the Board. September 25 , 2018 Special Meeting Minutes Harnett County Board of Commissioners Page 4 of 5 110518a HCBOC Page 24 NCACC Director of Tax and Revenue Outreach David Baker, MPA, PPS, talked about Reappraisals. Mr. Baker noted a reappraisal is the appraisal of all real property in a county effective as of January 1st of the year of reappraisal. Mr . Baker listed the following reasons why reappraisals are done: 1) legally required, 2) the goal in taxation is that everyone pays their fair share of the tax burden, 3) reappraisals are performed to evenly spread the tax burden between taxpayers, 4) for equity purposes between property types and property owners, 5) different areas of the county go up and down in value at different rates, and 6) reappraisals capture these changes and spread the tax burden equally between taxpayers in the county. Mr. Baker stated that the NC Department of Revenue (NCDOR) recommends that all counties do a reappraisal of all real property at least every four years. He noted this is supported in sections of the IAAO Standard of Property Tax Policy and the Mass Appraisal Standard. Mr. Baker noted the Board could pass a resolution to set the county's reappraisal schedule to every four years however, Harnett County is scheduled with NCDOR to reappraise in 2021. Brian Haney, Assistant County Manager, reviewed the proposed 2019/20 Legislative Priorities for Harnett County. Vice Chairman Penny moved to approve Harnett County 2019/20 Legislative Priorities for NCACC Submittal as presented. Commissioner Miller seconded the motion, which passed 3 -0. Mrs. Stewart presented the following reports: Harnett County Public Health Activities Summary -August 2018 Harnett County Veteran Services Activities -August 2018 Interdepartmental Budget Amendments Mrs. Stewart reviewed the proposed October 1, 2018 regular meeting agenda review and invitations and upcoming meetings. She also announced Representative David Lewis is providing lunch for EOC workers today. Commissioner Miller moved that the Board go into closed session or the following purposes: 1) To assist in the formulation of plans by the Board of Education relating to the emergency response to incidents of school violence; and 2) To discuss certain personnel matters. This motion is made pursuant to N.C. General Statute Section 143-318.l l(a)(8)&(6). Vice Chairman Penny seconded the motion that passed 3 -0. Vice Chairman Penny moved that the Board come out of closed session. Commissioner Miller seconded the motion, which passed 3 -0. Commissioner Miller moved to adjourn the meeting at 10:52 am. Vice Chairman Penny seconded the motion that passed 3 -0 . Gordon Springle, Chairman Margaret Regina Wheeler, Clerk September 25 , 2018 Special Meeting Minutes Harnett County Board of Commissioners Page 5 of 5 110518a HCBOC Page 25 Agenda Item __ L{_L._---=B=-- 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 , 2019 Section 1. To amend the, JCPC Programs, the appropriations ore to be changed as follows : EXPENDITURE AMOUNT AMOUNT DESCRIPTION OF CODE INCREASE DECREASE 1105870 569010 JCPC Unspent Grant funds $8,164 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 1103900 390990 Fu nd Balance Aooropriat ed $8 ,164 EXPLANATION: To budget the re t urn of unspent grant funds for JCPC Admin ($43 ). Psychological Serv ices !$800). and Restitution ($7321) for FY 2017 -2018. APPROVALS : ~ Dept Head (date) · nee ffi er (date) blt5 County Manager (dote) 1.a~ )...C, ~ 1 'a Section 2. Copies of this budget amendment shall be furnished t the Clerk to the Board, and to the Budget Office r and the Finance Officer for their direction. Adopted ________________ _ Margaret Regina Wheeler. C lerk to the Board Gordon Springle, Chairman Harnett County Board o f Commissioners 110518a HCBOC Page 26 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2019: Section 1.To amend the Facility Maintenance budget, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 1104230 584000 Computer Software 1000 1104230 537010 Advertising 1000 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To transfer funds to advertising to receive bids. ft. I ,.). (,, (L \h:... ) (4 6k'. / o , ). <i , 1 ~ County Manager (date) Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board , and to the Budget Officer and the Finance Officer for their direction. Adopted this ______ day of ______ J ______ _ Margaret Regina Wheeler Clerk to the Board Gordon Springle, Chairman Harnett County Board of Commissioner 110518a HCBOC Page 27 4-J / /7 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, 2019; Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows: EXPENDITURE CODE NUMBER 1105110-522010 1105110-526010 1105110-544095 1105110-549090 REVENUE CODE NUMBER EXPLANATION: AMOUNT DESCRIPTION OF CODE INCREASE Food & Provisions $ 50.00 Materials & Supplies Incentives $ 100.00 Miscellaneous Expense $ 150.00 AMOUNT DESCRIPTION OF CODE INCREASE To move funds in Food & Lodging to purchase supplies for meetings .($50) To move fund s in PN to purchase incentives for PN Fair. ($100) To move funds in PN & CH to have exam room curtains cleaned. ($150) AMOUNT DECREASE $ 300.00 AMOUNT DECREASE AP9rnwvz t>S /,I PCu...,..-l c'..-ll kt:< • ..)Lv.Y / .p -· >-Ci , ~ County Manager (Date) 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 ,2018 Gordon Springle, Chairman Harnett County Board of Commissioners ~ \\\l 110518a HCBOC Page 28 Board Report Approved ___________ _ Date 10/01/2018 To: Harnett County Board of Commissioners Re: Consideration of Refund for Taxes, Interest and Penalities for all Muncipalities Adjustment Reason Elderly Exclusion S. Keith Faulkner Tax Administrator Bill Number Type 0000030850-2018-2018-0000-01 REI Received Amount Refund Amount Name $450.00 $93.17 LEE, GLORIA T Agenda Item L/ -C, 110518a HCBOC Page 29 Agenda Item __ L/_-_Q __ Harnett . .,....,.....~ .... C O U N T Y ll:illiio,--.....-NORTH 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. Forest Ridge Subdivision Melody Lane Deep Woods Lane Dry Springs Court Duly adopted this 5th day ofNovember 2018. ATTE ST: Margaret Regina Wheeler Clerk to the Board strong roots • new growt h HARNETT C OU NTY BOARD O F COMMISSIONERS Gordon Springle, C hairman www.ha rn ett.org 110518a HCBOC Page 30 ROY COOPER G u\'l:R,oR October 29, 2018 Mrs. Gina Wheeler Clerk STATE OF NORTH CAROLINA DEP AR1MENT OF TRANSPORTATION Harnett County Board of Commissioners Post Office Box 759 Lillington , North Carolina 27546 Subject: Secondary Road Addition To Whom It May Concern: J AMES H . TROGDON, Ill SFCRl ·l AK\' This is in reference to a petition submitted to this office requesting street(s) in Hamett County be placed on the State·s Secondary Road System. Please be advi sed that these street(s) have been investigated and our findings are that the below listed street(s) are eligible for addition to the State System. Forest Ridge Subdivision • Melody Lane • Deep Woods Lane • Dry Springs Court It is our recommendation that the above named s treet(s ) be placed on the State·s Secondary Road System. If you and your Board concur in our recommendation, please submit a resolution to this office. Sincerely. Janet James Engineering Technician \Jailmg IJ4/rc \'S" "-l( 01 :1',\R I \tl·N I OI· I R,\NSP< lR I \ 11< l N 11 1\'ISION SI X DI~ fRl('J T\\'O l'OSI OI T l('I 130 X I I "0 I •\ \T l 11 \'II L L NC ~~3(1'.! I d,•p/w,,, : 1 <1 Io I 36-1-0Ml I rax. (9111)437-'.!5:<> ( 11Humcr St n fr'" J .~7 7 ·3b~~~l)6~ 0 ehHtc ",, \\ ncdN.go, locutiun · /,(J(J~Olll lll R N !\\TNUF I!\ \T l IT\'11 I r . N< 2S30(> 110518a HCBOC Page 31 lQ \ ti; ;>~m ill~ ..JJ )4 out Springs )1}6 0-L ---:_.s. •1!1,jfnfo L.<1fifs r----1 ~ I .... ,v r---::::..""---1U9 a: .£:.!.. 'Fo<L-E:.sr-~06.fz:.. ~ -, --, I ....... I !-----------·-· ·-, J; ·1 See Northridge East Inset I t I , t I ' I I i I I __ _, . '•. FORT BRAGG MILITARY RESERVATION • '.c,261.lq~ tWi lU7 .. ~ . FORT BRAGG MILITARY RESERVATION I!: lUZ l121 2.5.!J ,,.. \ \ ~ 25.l.l 25.9,l \ \ 11.2.l ;; l OS JHli _,,,----~t U9.t 11 2lllJ o, 2.to .z 2t~' ~ 2 Overhl111 Etement .. ry School ll 110518a HCBOC Page 32 Harnett ~~~COUNTY NORTH 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. Hidden Lakes Subdivision Cypress Drive Duly adopted this 5th day of November 2018. ATTEST: Margaret Regina Wheeler Clerk to the Board strong roots • new growth HARNETT COUNTY BOARD OF COMMISSIONERS Gordon Springle, Chairman www.h arn ett.org 110518a HCBOC Page 33 ROYC'OOPER Gm I· R~OR October 29. 2018 Mrs. Gina Wheeler Clerk STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Hamett County Board of Commissioners Post Office Box 759 Lillington, North Carolina 27546 Subject: Secondary Road Addition To Whom It May Concem: J AMES H. TROGDO!'s, [JI St l"R t·.t.\R \" This is in reference to a petition s ubmitt ed to thi s office requesting street(s) in Hamett Co unty be placed on the State ·s Secondary Road System. Please be advised th at these street(s) have been investigated and our findings are that the bel o w listed street(s) are eligible for addition to the State System. Hidden Lakes Subdivision • Cypress Dri ve It is our re commendation that the above nam ed stree t(s) be placed on the State·s Secondary Road System. If you and yo ur Board concur in our recommendation , please submit a resolution to thi s office. Sincerely, Janet James Engineering Technician \lailt11}! ldtlr,,, \ii l>FI\\R I M l N I I w ·1 R \N~P< >RI "I 11< >N DIVISIO>.; SI\ 01~·1 RI( I l \\ 0 !'O~ I <>1-1 I( I llOJ\ 11511 I .\\I 1·11 \ 11 11 ·. N( ~~30~ l.-l,plto11 <' ('1101 364-0601 /-itr. ('IIU) 437-]52Q ( 11\IOlllt'I' S1.0I T h t'" 1-~77 -36"--l~>(\8 l.onaion 600 SOllrtll RN :\\'FNl 'I : I \ YI I 11 \"II I I . NC ~~306 110518a HCBOC Page 34 !6 ~lill ZJ.H .u )4 out Springs o-l ---r -t!11fl,1(0 l.if,,ss I UJ~ ,. ll..39 &: ~DDE1'.J LAt~ ~ ~ ,,, ~~~ -----. ~r2.f>Z1, -~. Uuo! FORT BRAGG MILITARY RESERVATION FORT BRAGG MILITARY RESERVATION Jlll ~·· 252.1 2iZ5 ... '\ \ 0Y•rhlU1 Midd1• And Hl;h S,hools ! iill ~9.l \ ; Ovorhlll1 Etomenlary School ~ u 110518a HCBOC Page 35 Agenda Item _ ___,</,_--=£=-- Board Meeting Agenda Item //ot1~,,.,,be.r 5, MEETING DATE: 0ctober 1S, 2018 TO: HARNETT COUNTY BOARD OF COMMISSIONERS ,/'. SUBJECT: Revised Clinical Patient F , Eligibility and Bed Debt Write Off Policy REQUESTED BY: John REQUEST: At the October 2 , 2018 meeting, the Board of Health approved a revision to the Clinical Patient Fees , Eligibility and Bad Debt Write Off Policy. The page and section is attached for review. Thank you for your consideration in this matter. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: \\hcfileb\hthshare\ad min\Fil eshare\1-Excel\BOH PAT FEE INC-NEW FEES-BOC Requests\BOH 1002 18\BOC Agenda Form Policy !002 18 101 5 18.docx Page I of I 110518a HCBOC Page 36 CLINICAL PATIENT FEES, ELIGIBILITY AND BAD DEBT WRITE OFF POLICY & PROCEDURE Page 6- Added highlighted area to letter h. h. All denied claims will be reviewed for resubmission to Medicaid or third party insurance . If a claim is denied payment due to improper billing code, the billing sheet is reviewed with the provider, corrected and then resubmitted for payment . j. When a bill is not paid in full during the clinic visit, a bill is to be mailed to the client's address sixty (60) days after the visit and monthly thereafter until written off. After three consecutive bills with "no" response a letter will be sent with bill (see form letter attached). Bills are not to be mailed to adolescents when it may undermine their confidentiality or when a client requests no contact or no mail. When confidentiality or no mail is requested by client, see if alternate billing address can be used. Also, see Debt Set-Off Policy for further collection options. Balded red sentence removed from policy. Form letter information is incorporated as memo on statements. First sentence changed to: When a bill is not paid in full during the clinic visit, it will be mailed to the client's address on the next scheduled statement processing cycle and monthly thereafter until paid in full or written off. 110518a HCBOC Page 37 Policy and Procedure HARNETT COUNTY HEAL TH DEPARTMENT Title: CLINICAL PATIENT FEES, ELIGIBILTY AND BAD DEBT -WRITE OFF APPROVED: 3-17-2005 DATES REVISED: 5-18-06 9-18-08 11-17-11 9-19-13 9-18-14 9-17-15 3/2 /17 1/25/18 10/02/18 --- Gail Hobbs, Accounting Specialist I Board of Commissioner's Chairman Purpose Public health services are increasingly costly to provide. The Health Department serves the public 's interest best by assuring that all legally required public health services are furnished for all citizens. The department provides recommended and requested public health services based upon the priorities established by the Board of Health. Fees are a means to help provide services to the citizens of Hamett County. Fees help finance and extend public health services when government funding is not sufficient to support the full cost of providing all required and requested services. Fees are considered appropriate in the sense, that the entire population benefits from the availability of public health services for those in need, it i s the direct recipient of services who gains the greatest direct benefit. Fees for Health Department services are authori zed under North Carolina I30A-39 (g), provided that I) they are in accordance with a plan recommended by the Health Director and approved by the Board of Health and Board of County Commissioners, and 2) they are not otherwise prohibited by law. Fees are based on the cost of providing services. Policy The clinic is to operate a system of financial management to: • meet the standard of grantor agenci es • safeguard all income and expenditures -fees collected (generated through reimbursement) will be maintained in an identifiable line item in the Health Department and County Finance Office. • assure collection of revenues from all sources with financial obligations of the service T he policy will include procedures for (I) Setting Charges, (II) Definitions (III) Billing Clients and (IV) Procedure for Aging of Accounts (Bad Debt Write-Off), (V) Patient Demographic (VI) Determining Eligibility for Di scounts . 110518a HCBOC Page 38 Page 2 Procedure I. Setting Charges for Service a. In accordance with G.S. l 30-A-39(g), the Board of Health has the authority and duty to establish charges for services provided in clinics. Specific methods used in seeking reimbursement will be through third-party coverage, including Medicaid, Medicare (for massive immunizations), private insurance , and individual patient pay. The Board of County Commissioners adopts fees established by the Board of Health. The Board of Health and Board of Commissioners adopt the fees along with the fiscal years budget process. b. No client will be denied services nor subject to any variation in services based so lely on the inability to pay or regardless of the source of payment. C. Eligibility: Each client must cooperate in: • an eligibility determination; and • provision of documentation of third party eligibility (Medicaid, Medicare, private insurance) for which they are eligible; and • provision of declaration of income. 1. Cost-based services: Charges are to be based on an accounting analysis of all services provided. The Board of Health accepts the Medical Fees in the United States 501h percentile times geographic adjustment factors for North Carolina, unless the approved Medicaid rates are greater. If the Medicaid rate i s greater then that will be the acceptable charge. A comparison of the Medicaid cost study i s considered. The Fee Setting Committee reviews and makes recommendations to Board of Health. 2. Service discounts : A schedule of discounts is to be used to adjust most service charges for clients between 101% and 250% of poverty. Fami ly Planning clients with income <100% of the Federal Poverty Level are not charged for Famil y Planning services. 3. The discounts will be based on: 1. household members (economic unit), family and 11. income. 4. Financial Agreements/Assignment of Benefits Authorization is to be scanned in Patagonia El ectronic Health Record to acknowledge responsibility for services not covered by third party carriers. Patients at 0% do not have to sign F inancial Agreement. 110518a HCBOC Page 39 Page 3 II. Definition: 1. Adults and Emancipated minors: l 64.502(g)(2) a. Emancipated minors: In North Carolina, there are only two ways for a minor to be emancipated (see G.S. 7B-3500 et seq): • By marriage, or • By an order of emancipation granted by a court. b. Adults: In North Carolina, a person age 18 or older is an adult for purposes of making health care decisions. 2. Minor's consent sufficient for certain medical health services (G.S. 90-21.5) a. Any minor may give effective consent to a physician licensed to practice medicine in North Carolina for medical health services for the prevention, diagnosis and treatment of (i) venereal disease and other diseases reportable und G.S. 130A-135, (ii) pregnancy, (iii) abuse of controlled substances or alcohol, and (iv) emotional disturbance. This section does not authorize the inducing, of an abortion, performance of a sterilization operation, or commitment to a mental institution or hospital for confinement or treatment of a mental condition. This section does not prohibit the admission of a minor to a treatment facility upon his own written application in an emergency situation as authorized by G.S. 122C-222. b. Any minor who is emancipated may consent to any medical treatment , dental and health services for himself or for his child. (1971 , c. 35; 1977 , c.582 , s.2; 1983 , c.302, S 2; 1985, C. 5899 , S. 31,) 3. Services to minors: • Family planning services shall be available to all who voluntarily request such services without regard to age or parental consent. (15A NCAC 21A .0503) a. Family Planning -clinic designed to assist women in planning their childbearing schedule; detailed history , lab work, physical exam, counseling and education given by appropriate provider. Women of childbearing age regardless of residency; sliding fee scale, Medicaid and third party insurance. Clients must be charged based on household members and income and discounts may be established for persons between 10 I %-250% of poverty based on sliding fee scale. If client loses birth control pills a $10.00 per pack 110518a HCBOC Page 40 Page 4 will be accessed to the client and sliding fee scale will apply . Depo-Provera is to be billed separately from physical fee. If during the course of a Family Planning or Maternal Health visit the clinician needs to rule out STDs to meet standards of care, the patient cannot be charged for STD testing and treatment. [The STD services must be provided at no cost to the client. Medicaid can be billed and if permission is given by client then third party insurance can be billed ; but co-pays, co-insurance/deductibles for STD are adjusted off.] The billing staff must determine, as accurately as possible, the client's ability to pay based upon family income. This determination and notice of any applicable waiver should be made prior to the delivery of services and must be conducted each time a client requests services. When considering charges to minors for family planning, several conditions must be taken into account. If the minor is unemancipated and confidentiality of services is not a concern, the family 's income must be considered in determining the charge for the services. When a minor requests confidential services, without the involvement of a principal family member, charges for services must be based on the minor 's income. Income actually available to the minor, such as wages from part-time employment, stipends and allowances paid directly to the minor , should be considered in determining the minor 's ability to pay for services. Those se rvices normally provided by parents/g uardian s, e.g., food , shelter, transportation, tuition, etc., should not be included in determining a minor's income. Under certain circumstances where confidentiality is restricted to limited members of the family, e.g., one parent is aware of the minor seeking services but the other is not because of disagreement regarding the minor's right to receive family planning services, the charges shall be based on the minor's income if the minor's confidentially would be breached in seeking the full charge. Billing staff must seek payment from third parties who are authorized or legally obligated to pay for services unless , in doing so, patient confidentiality would be compromised. Third parties should be billed at full charge and not discounted , unless there is a contracted reimbursement rate that must be billed per the third party agreement. Family Planning patients will have fees assessed based on declaration of income if no proof of income i s provided. The use of NC Debt Set-Off is acceptable for collecting past due amounts for Fami ly Planning. Bills/receipts given to clients at the time of service show total charges, as well as any allowable discounts. Where a third party is responsible, bills are submitted to that party. Bills to third party show total charges, without discounts , unless there is a contracted reimbursement rate that must be bill per the third party agreement. Family Planning Services will not be denied because the patient has a delinquent account balance. No Medical Doctor referral is required for patients seeking Family Planning services. 110518a HCBOC Page 41 Page 5 4. Child Health clients must be charged based on household members and income and discounts established for clients between 101-250% of poverty based on sliding fee scale. 5. Maternal Health clients must be charged based on household members and income and discounts established for clients between 101-250% of poverty based on sliding fee scale. 6. Adult Health clients must be charged based on household members and income and discounts established for clients between 101-250% of poverty based on sliding fee scale . If Adult Health services falls under flat fee service follow the Flat Fee Policy. 7. Communicable Disease Control -this program deals with the investigation and follow-up of all reportable communicable and/or sexually transmitted diseases, to include: testing, diagnosis , treatment and referring as appropriate. It also provides follow-up and treatment of Tuberculosis cases and their contacts. The services must be provided at no cost to the client. Medicaid can be billed and if permission is given by client then third party insurance can be billed; but copays , co -insurance / deductibles are adjusted off. 8. Flat Fee Service: this is clinical service not on a sliding fee scale; vaccine is purchased by this agency or services provided by agency and is not mandated by the state. III. Billing clients for Care: a. See section IX. Flat Fee Services for non-discounted services. b . The Department of Public Health follows DMA guidelines when billing Family Planning and other clinical services. c. Patagonia Electronic Health Record (accounting system): Bills are to be given directly to the client at the time of their clinic visit and/or claim sent to another payment source, i.e. Medicaid, Medicare or private insurance. If payment is not made in full at time of visit then a payment schedule (dollar amount, daily, weekly , and monthly payment) will be discussed with client and put on file. d. Emancipated minors (by legal emancipation, or married) fees are to be based on household members and income. Fees for clients requesting confidentiality or no contact must be based on the client 's income alone and a family size of one. e. Bills to clients are to show full charge less the appropriate sliding fee discount. 110518a HCBOC Page 42 Page 6 f. Bills to third party payer sources are to reflect the full charge and without any discount/no sliding fee discount. Unless there is a contracted reimbursement rate that must be billed per the third party agreement. g. When billing 340B services through Family Planning, a UD modifier will be used for Medicaid and HealthChoice clients . h. All denied claims will be reviewed for resubmission to Medicaid or third party insurance. If a claim is denied payment due to improper billing code, the billing sheet is reviewed with the provider, corrected and then resubmitted for payment. 1. Patagonia's Aging Report is reviewed on a monthly basis and necessary corrections are made . J. When a bill is not paid in full during the clinic visit, it will be mailed to the client 's address on the next scheduled statement processing cycle and monthly thereafter until paid in full or written off. Bills are not to be mailed to adolescents when it may undermine their confidentiality or when a client requests no contact or no mail. When confidentially or no mail is requested by client see if alternate billing address can be used. Also, see Debt Set-Off Policy for further collection options. k. Clients are to receiv e a receipt for any payment. (Printed from Patagonia EHR unless after closeout for daily depo sit then hand written numbered receipt will be issued). l. Voluntary donations may be accepted and a receipt issued. Clients are not pressured to make voluntary donations. Voluntary donations are not a prerequisite for provision of any service or supply. Billing requirements set out are not waived because of client donations . If the donation is from a client with an account balance, it is considered a payment, not a donation. m. No mail is sent to confidential clients, or if requested by a client to receive no mail or no contact "no s nail mail " is checked in Patagonia. IV. Process for billing clients and aging accounts follows: Billing a. Explain to client charges for that day 's services and request payment during clinic visit; inform client of balance due and have client sign "Financial Agreement/ Assignment of Benefits Authorization, if d eemed necessary. b. Bills to patients show total charges, as well as any allowable charges. 110518a HCBOC Page 43 Page 7 c. If client is unable to pay full amount of bill for that day 's service, prepare "Payment Agreement Form" for clients to sign. Scan agreements into Patagonia under "Billing Bin". d. Label will be kept on each client in a notebook and the encounter forms shall be matched back to the label sheet to ensure all encounter forms are accounted for. e. If encounter forms are not accounted for follow-up with supervisor of that clinic. (A duplicate encounter form may need to be created if original is not found). f. Mail statement of account to client sixty (60) days after visit and monthly thereafter until written off or collected through Debt Set-off. g. After 3 months ; mail "payment agreement form " to client to select payment option(s), if client has not signed "payment agreement form" or if client has already made a selection send a copy of "payment agreement form " on file to the client along with statement of balance from accounting system . h. Patient statements contain a message reminding the patient if they have signed a payment agreement form to please make a payment as soon as possible. 1. Inform patient of balance due at time of service and a. Next telephone call, (if applicable or time allows) V. Aging Patient Accounts (Bad Debt Write-Offs) a . Aging of account is an accounting procedure to periodically provide an update and realistic value for accounts receivable. Accounts will be aged every 2 years or annually, if deemed by Health Director or Designee and written off as "uncollectible" only after two (2) years following the date of last service and no effort to pay has been made by patient. Unless , approval by Board of Health and/or Board of Commissioners to delay write-offs. b . Two years after the initial visit balance and payment has not been rendered, and client has been sent to Debt Set-off program and has not been in for service any balance remaining under $50 after two years will be written-off. Balance will be reinstated once client returns for service. Balances over $50 follow Debt-Set Off Policy, unless unable to collect from Debt-Set Off. c. As long as a balance remains , the client is to be informed of the current balance. 110518a HCBOC Page 44 Page 8 d. In the event a client should offer payment on an amount previously written-off, the charge will be reinstated and payment accepted. Reinstatement will reflect the amount written-off in the accounting system. If client returns to Health Department for services write-off will be reinstated and the client will be informed of the amount owed. e . The electronic client ledger card (accounting system) will indicate the write-off. f. The Harnett County Board of Health authorizes the Health Director to write-off debts deemed uncollectible under this policy; the Health Director will report to the Board of Health the total amount to be written off. The Health Director will then request approval of the write-off debts from the Board of Commissioners. After approval by the Board of Commissioners then the debts will be written off. g. Reasonable efforts to collect charges/bills without jeopardizing patient confidentiality are made. The Harnett County Health Department utilizes an Electronic Accounting System for receivables (Patagonia EHR). Electronic version to be used, unless Patagonia EHR (accounting system) is down then paper version will be done and then scanned into system when it is back up. VI. Patient Demographics and Insurance Information a. A Patient Demographics wi ll be initiated and completed for each client. b. Personal data required includes: • Last name, First name, Middle Initial (MN if one) • Social Security number, as needed for billing and debt set-off • Date of Birth • Race and Ethnicity • Sex • County of Residence Code • Country of Origin • Address and phone number • Preferred Language • If minor, Parent Details: Father Name, Father DOB, Father Phone, Father SSN, Emergency Contac Name, Emergency Contact Number; Mother Name, Mother DOB , Mother Phone, Mother SSN. 110518a HCBOC Page 45 Page 9 c. Insurance information: (Patagonia EHR) Primary & Secondary • Self-Pay o Insurance Type (Type Self-Pay) o Insurance Type (Type Self-Pay) o Relationship with Insured (Spouse, self, child, other) o Full Name of Insured o Insured number o Date of Birth of Insured o Gender of Insured o Address of Insured o Home Phone of Insured, if available o Work Phone oflnsured, if available o Cell Phone of Insured, if available o Subscriber Assignment of Benefits ( clients will sign) o Subscriber Release oflnfo (clients will sign o Has Coordination of Benefits • Medicaid / Medicare / or Private Insurance o Insurance Type ( o Insurance (Type Medicaid) o Relationship with Insured (Spouse, self, child, other) o Full Name of Insured o Insured number o Date of Birth of Insured o Gender of Insured o Address of Insured o Home Phone of Insured , if available o Work Phone oflnsured, if available o Cell Phone, if available o Subscriber Assignment of Benefits (clients will sign) o Subscriber Release of Info ( clients will sign o Has Coordination of Benefits VII. Instructions for Determining Eligibility for Sliding Scale Fee Discount: Definition: 1. Economic Unit: The Economic Unit will consist of people living in the home related to the client and those living in the home providing direct or indirect financial support for the client. 110518a HCBOC Page 46 Pagel 0 2. A family is defined as a group of related or non-related individuals who are living together as one economic unit. Individuals are considered members of a single family or economic unit when their production of income and consumption of goods are related. An economic unit mush have its own source of income. Also, groups of individuals living in the same house with other individuals may be considered a separate economic unit if each group support only their unit. A pregnant woman is counted as two (including the unborn child) in determining the family size. (Related to client by blood, marriage, or adoption, father of unborn child or client's boyfriend, and/or live in the same household as the client and contribute to the client's support; rent , utilities, grocies, clothes, etc.). Those who are financially responsible for the client or those who dependent on the client for financial assistance are included in economic unit. 1. A foster child assigned by Department of Social Services is a family of one with income considered to be paid to the foster parent for support of the child. 2. A student maintaining a separate residence and receiving most of her/his support from her/his parents or guardians may be counted as a dependent of the family. Self-supporting students maintaining a separate residence would be a separate economic unit. Family Planning considers this group extremely high-risk for unintended pregnancy. Any student in this category is considered as a family of one and is to be billed based on the income of the client. 3. An individual or family in an institution is considered a separate economic unit. 4. If a patient requests "confidential services ", regardless of age, the agency shall consider them a family unit of one based on their income. 5. Family Planning patient is marked as "confidential" in Patagonia E H R when Encounter is created; ESB is created and "no snail mail is checked". 6. If a Family Planning patient presents for a service and is considered to be a minor, interview questions may include the following: 1) Ask the patient if their parents are aware of their visit? 2) Ask if "both" parents are aware of their visit, since sometimes the mother may be present with the patient, however, the father may not be aware of the visit. 3) Ask if you can send a bill to the home, to both parents. 4) If the patient states both parents are aware and it is not a confidential visit , you should treat as such. 110518a HCBOC Page 47 Page 11 7. Income information reported for Family Planning financial eligibility screening can be used through other programs offered in the agency, rather than re-verifying income or solely on the client's self-reporting. 3. Sources of Income: • Employer Wages • W-2 • SSI / Public Assistance payments • Retirement • Social Security • Alimony payments • Unemployment compensation • Regular contributions from sources outside the home • Financial payment/other sources of income that may exist include but not limited to cash, or that can be readily converted to cash, etc ... Some items not included as income: • Housing allowance for military personnel is not counted. The eligibility specialist will have to identify the proper amount of the housing allowance and subtract it from the total gross income shown on the check. • Non-cash benefits such as WIC vouchers , food stamps, food, rent or fuel received in lieu of wages. • In-kind housing assistance • School lunches, etc ... 4. Client Household/Contact Electronic: (information needed to enter into Patagonia) a . Complete Client Household on each client every 12 months; unless client has a change then it will be updated and resigned earlier. The client will be asked at each visit if there has been a change in their financial status. Income will always be based on the "actual date" of service. If there has been a change or it is time for their annual review the income determination process shall take place. If flat fee service or no charge client household is not necessary. • Enter the following information: 1. Last name , First name, Middle Initial (MN , if one) 2. Relation 3. Employer 4. Annua l Income 110518a HCBOC Page 48 Page 12 5. Proof of Income (proof is not required -type declaration of income or if they bring proof provide type of proof: example pay stub, etc. a. If minor -type not specified 6. Date Verified 5. Computation of income Regular Income Formula: The patient 's income will be determined by the following: Income will be based on a twelve (12) month period. If the patient is working the day they present for a service, income will be calculated weekly, bi - weekly, monthly or annually, depending on th e documentation obtained. If the patient is unemployed the day they present for their service, their "employment only" income will be calculated at zero (0), however the patient shall be asked to provide "their mechanism", in regards to their paying for food, clothing, shelter, utility bills, etc. Refer to "sources of income" counted and apply all sources, as appropriate. "Regular contributions received from other sources outside of the home" is considered one of these sources. If the patient is receiving unemployment or other "sources" of income, as designated above, all of these sources shall be counted. Unemployment or Irregular Income Formula: • Six months formula • Wage earners unemployed at time of application • Unemployed any time during previous 12 months • Example: Unemployed today • Income determined six months back • Income determined six months forward • Total= 12 months of income An electronic version of the Financial E ligibility Determination shall be maintained in Patagonia EHR for future reference. T he number in the household, annual gross income and percentage of pay should be reflected on the financial documentation. The documentation should be signed and dated by the interviewer and patient. Use of electronic signatures is acceptable. Income is re-assessed annually unl ess there has been a change in financial status. Following the initi al financial eligibility determination, the client will b e asked at each vis it if there has been a change in their financial status. Income will always be based on the "actual date" of service. If there has been a change or it is time for their annual review the income determination process should take place. 110518a HCBOC Page 49 Page 13 Patient fees are assessed according to the rules and regulations of each program and for clients based on sliding fee between 101-250% of poverty level will be used to determine fees. All third-party providers are billed where applicable. Clients presenting with third party health insurance coverage where copayments are required shall be subject to collection of the required copayment at the time of service. For Family Planning (Title X) clients the copay may not exceed the amount they would have paid for services based on sliding fee scale . Income information reported during the financial eligibility screening for one program can be used through other programs offered in the agency, rather than to re-verify income or rely solely on the client's self-report. Individuals and emancipated minors seeking confidential or individuals requesting no contact service are to be considered a family unit of one (family planning, etc) • Client documentation when refused: Client/guardian may be requested to declare income annually or as changes occur, but proof of income for documentation is not required. If client refuses income information he/she will be accessed at I 00%, except Family Planning will not be accessed (0%). • Documentation is required: Acceptable sources of income verification. Proof of income is not required. 1. Check/Pay stubs 2. W-2 forms 3. Letter from employer, etc. 4 . Self-employed clients can provide the latest tax return 5. Self-Declaration •!• Check all Eligible Programs in Patagonia EHR: • Eligibility specialist will ensure that all eligible programs are checked that apply to the clients visit in Patagonia EHR. • Eligibility specialist will create declaration of income and have client sign and date declaration of income list • Eligibility specialist will sign and date declaration of income list VIII. Responsibility of Billing Staff -each visit 1. Clients are screened to determine financial eligibility at the time of visit 110518a HCBOC Page 50 Page 14 2. Explain to the client the reason for charging fees for services received and sliding fee scale 101-250% 3. Discuss with client acceptable forms of income verification. 4. Complete financial eligibility in Patagonia -if no income, can be referred to Department of Social Services with "Third Party Confirmation Letter" (attached to policy) or accept declaration of income. 5. There is no minimum fee requirement or surcharge that is indiscriminately applied to all patients. 6. Explain that the expectation of the Health Department is that reimbursement is expected same day as service. If unable to pay same day have the client sign a contract agreeing to pay for the cost of the services. If, on subsequent visits, the client has not made payment, remind client of signed agreement. (see attached "Financial Agreement/ Assignment of Benefits Authorization" Form) 7. Billing staff shall copy insurance card and a form of identification to ensure the correct insured client is using the insurance card. (May be scanned into Patagonia under "billing bin ") 8 . Billing staff should collect insurance co-insurance/deductibles and will be accessed according to the sliding fee scale. Co-pays are not subject to s liding fee scale and will be collected at 100%, with the exception to Family Planning which will be applied to the sliding fee scale. Eligibility 1. Clients will not be denied statutorily required services based solely on the inability to pay. Services may be denied if the department does not have the resources needed to provide a quality non-mandated service. Family Planning clients will not be denied because the patient has a delinquent account balance. 2. The Health Department shall not deny a service due to religion, race, national origin, creed, sex, marital status or age. 3. Clients do not have to be a resident of the county to be eligible for services provided by the Health Department. 4. Clinical services provided by the Health Department are targeted to individual with income between 101%-250% or below of the federal poverty level. 110518a HCBOC Page 51 Page 15 5. Cost of foam and condoms, and other non-prescription contraceptives are included in the reimbursement rate established for preventive medicine codes. Medicaid and third party insurance clients will be provided a prescription unless , confidential or no contact requested. These clients will be provided pills. One exception is if a client loses her birth control pills there will be a $10 .00 per pack or currently established fee accessed to the client and sliding fee scale will apply. 6. Clients will be informed to bring Medicaid card, Insurance card, Health Choice Card and/or household income or declare income at the time of visit. 7. Clients will be asked if their income has changed at each visit to the health department. 8. There shall be no minimum fee requirement or surcharge that is indiscriminately applied to all patients . 9. Patients are not required to apply for Medicaid to receive services. 10. Medicaid recipients are eligible to receive program services. 11. Patient shall be given a receipt each time a payment is collected, s howing charge and discounted fee for services. 12. Patient schedule of charges are on county website and a sign is posted that states "patient fee information is available upon request". 13. Patients will not be denied services nor subjected to any variation in services based solely on inability to pay. 14. Patients, including Family Planning patients are not required to meet with the Health Director in an attempt to collect a delinquent account. 15. Patients will not be denied services because the patient has a delinquent account balance. 16. The Health Director or his designee may make exceptions to the eligibility requirements on a case-by-case basis. The Health Director or hi s designee may waive fees for Family Planning clients with incomes above 100% of the Federal Poverty Level who , as determined by the Health Director or his designee, are unable, for good cause, to pay for Family Planning services. Documentation of such decisions shall be maintained in a log at the Billing Station. 110518a HCBOC Page 52 Page 16 Laboratory Billing -AFP -Prenatal Patients AFP labs will be sent to UNC for testing on all prenatal patients. IX. FLAT FEE SERVICES Flat Fee Service This is clinical services not on a sliding fee scale, vaccine is purchased by this agency and is not mandated by the State nor is the vaccine provided by the state; and providers see adult women for services (pap smear, labs-such as cholesterol, urinalysis). • Flat fee service will be collected at the billing before the client is seen in clinic. • If the client does not receive the service then a refund will be issued. • Medicaid does not pay for PPD/Tuberculin Skin Test if related to work or school, so in this instance the client is responsible for the charge. This policy shall be reviewed by the Health Director annually. If there is a revision/amendment to this policy then it shall be brought back to the Board of Health for approval at the next meeting date and the Board and Board of Commissioners at their next meeting date. 110518a HCBOC Page 53 Board Meeting Agenda Item Agenda Item '-/ -£- MEETING DA TE: November 5, 2018 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Donation of County owned enclosed utility trailer to Dunn Emergency Services REQUESTED BY: Jimmy Riddle, Emergency Services Director REQUEST: Harnett County Emergency Services requests approval to donate an enclosed utility trailer to Dunn Emergency Services. Dunn Emergency Services will use the enclosed utility trailer to transport materials and equipment when providing Fire Prevention Public Education to the citizens of Harnett County. If approved, Dunn Emergency Services will title the trailer in their name and take full responsibility for all needed maintenance, repairs, title changes and insurance requirements. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\gwheel er\AppDala\Loc a l\Mi cro soft\ Windows\IN ctCache\Conte nt.Outlook\TPTEQCL V\agendafonn20 18 (Donate Trailer lo DES).docx Page I of2 110518a HCBOC Page 54 ,;.,, ~ ~, Harnett I'/,-=--1r' _C_O_U_N_T_Y ____________________ _ l_.~-.:::. __ NORTH CAROLI NA RESOLUTION AUTHORIZING DISPOSITION OF PERSONAL PROPERTY www.harnen.org WHERAS , County of Harnett (the "County") owns the following enclosed utility trailer, utilized by the Harnett County Emergency Services Department: MAKE YEAR 2004 Cargo Mate GACM510SA VIN 5NHUCM0174U205660 WHEREAS , such enclosed utility trailer is now obsolete and surplus to the needs of the County; WHEREAS, said enclosed utility trailer has little if any, value on the open and public market; WHEREAS, Dunn Emergency Services ("DES"), located in Harnett County, could utilize such enclosed utility trailer for transporting Fire Prevention Public Education materials and equipment. WHEREAS, the transfer of such enclosed utility trailer to DES would assist in providing fire prevention education to the citizens of Harnett County. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS, that the Harnett County Emergency Services shall be and is hereby authorized and directed to take any such actions as might be necessary and advisable to transfer the above-referenced enclosed utility trailer to Dunn Emergency Services, without consideration, pursuant to the provisions of North Carolina General Statute 153-176. Duly adopted this the __ day of ______ 2018. ATTEST: Margaret Regina Wheeler, Clerk to the Board Harnett County Board of Commissioners strong roots • new growth County of Harnett By: ___________ _ Gordon Springle, Chairman Harnett County Board of Commissioners (SEAL) 110518a HCBOC Page 55 Board Meeting Agenda Item Agenda Item __ L/....___-...... G-: __ MEETING DATE: November 5, 2018 TO : HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Public Utilities Writeoffs for 3rd Quarter of 2018 REQUESTED BY: Steve Ward, Director REQUEST: Enclosed are the delinquent accounts determined to be at write-off status for the third quarter of 2018. All of these accounts have been delinquent for more than three years and total $22,288 .6 3. The facilitation of these write-offs is an important step in a continuing effort to effectively manage our collections and bad debt. HCDPU is currently using the Local Government Debt Setoff Program and On-Line Collections, Inc. to help collect our delinquent accounts. We are happy to report that we have recovered over $666,000 in bad debt previously written off through the Debt Setoff Program . Please place this request on the consent agenda at the next available meeting. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: \\hcfilea\Puusers\sward\M y Documents\co ll ectio ns\writeoffs 3rd-qtr 20 18.docx I of I Page 110518a HCBOC Page 56 NAME ALFORD , KRISTINA ALLEN , DERBY ASHWORTH , JASON LEE BALLENTINE , ROSETTA BARRETT, CHRISTOPHER BARTLETT ,PEACHES BASS , BRIANA BEST , KELLY BLAND , AL TONIA BOYLES, TERESA BRANDT, SUZANNE BRAVO , PABLO BRIGHT, GLORIA BUSH , CONNIE LISA HARNETT COUNTY DEPT OF PUBLIC UTILITIES QUARTERLY DELINQUENT WRITE OFFS SEPT 2015 ACCOUNT# NOTES 128909-84556 RET BILL 122425-72104 187737-89455 180599-28899 189309-20552 184103-45821 173773-4778 183555-8953 124209-20523 136129-61585 94607-5432 160895-90989 192839-19252 193709-37 486 CAMPBELL, LATOYA DENISE 190503-65268 CANTERBURY.ANDREW 184489-5000 CAPPS , WILLIAM C 18405-72038 CARTER, ADAM I 188111-77811 CASTILLO-MANCIA, JENNIE 159243-36755 CHAVEZ.RUBEN 67219-71334 CLEMONS , ANTWAN 118309-68129 COLEY, JAMES 191883-75453 CORLEY, KEONA 38615-82982 CORNISH , ANDRE M 189921-90985 CUSHING, PAUL 189331-51295 DAl"RE, DEBORAH 49045-73345 BANKRUPTCY DAVIS, BARBARA 181381-23123 DAVIS, KIERRA 189539-71711 DAVIS, LINDA 3755-52858 DAVISON , RODERICK 132673-86835 DELGADO, SERAFIN SUAREZ 175129-32170 DELONG , SHAWNE 183325-8284 DEPRINCE , MARC 190727-83760 DEVINE, CAROL 65035-77951 DIGGS , MARSHA 189617 -30667 DRIVER , DEBORAH MUNCH 129535-47761 BANKRUPT EDWARDS , SHANNON 181919-43453 ELLIOTT, CATINA I 184533-5271 EMMONS, KAYLEEN 171625-4485 F TURNER CORP INC I 53627-88065 RET BILL FALEFIA, LESINA 174773-61285 FEBRES , EDWARD 197275-10032 FISHER , FRANKIE L 180245-80932 FLEGAL , AMBER 19334 7-9954 FOX, CALVIN 181221-23617 FUENTES , LUCINDA 198833-71765 GETTINGS, DANIEL & SHANNO! 132785-9385 GREEN , ASHFORD 150199-55627 HACKLE , AMANDA 184537-6709 Page 1 BALANCE TO WRITE-OFF $1,955.18 $22 .50 $33.54 $31.60 $57.68 $44 .78 $39.08 $17.86 $18.64 $59.47 $15.50 $121.19 $49.12 $215.23 $65.92 $14.02 $64.00 $8.15 $80.00 $26.78 $321 .21 $99.81 $83.03 $51 .78 $29.82 $69.65 $155.75 $40.24 $22.00 $201.00 $159.21 $68 .00 $24.85 $151 .80 $41.14 $73.66 $139.78 $35.53 $320.22 $407.00 $132.65 $86.22 $210.98 $132.08 $136 .80 $107 .02 $24.26 $25.59 $8.21 110518a HCBOC Page 57 NAME HARNETT COUNTY DEPT OF PUBLIC UTILITIES QUARTERLY DELINQUENT WRITE OFFS SEPT 2015 ACCOUNT# NOTES HANN ESTATE , SUSANNE M 745-3282 HERRING , TERRENCE 164551-51283 HICKS , ROSE 39215-58080 HOBAUGH , CRYSTAL 191013-16341 HOLDER ESTATE , WILLIAM 40411-60627 HOLDER , WINONA 190403-8260 HOLLAND , JENNY 98271-1578 HOUSE ESTATE , CARY R 110249-37771 HOUSE , JEFF 107 453-36415 FORECLOSURE HUNTER, CHRISTIN 72529-24823 JOHNSON , DAVIA 197937-3408 JOHNSON ,SAMANTHA 156097-17183 JONES, BOBBY 190985-46009 KEEL , CAROLYN A BLUE 68209-20903 KELLY , APRILL 177595-65491 KELLY, KEVIN 148289-86377 FORECLOSURE KEMP , JOE 136267 -69704 KINTON, ROBERT 36129-74221 RET BILL KUZNIA, SCOTT 150429-19575 LACEY, ROBERT 65871-8440 LANNS, DOVIE L 196133-19550 LEACH , SAVANNAH 195145-49022 LIVERMAN , CANDICE 193219-68817 LOFTON JR, CHARLIE C 181153-74146 LONG , VICTORIA 172895-76630 LOOKER ESTATE, JERRY 4803-76049 FORECLOSURE MALINOWSKI , JOSEPH 152881 -80030 RET BILL MARSH , JOHN R 1797 43-61397 MATTOX, NICHOLAS 191505-2978 MCARTHUR , STEVEN 183293-63524 MCAULEYJR,VERNON 66799-70608 MCDONALD , TASHA 188495-6 5480 MCGHEE, LAWANDA 182935-377 41 MCKENNON , OTIS P 135721 -648 MCLEAN , JIMMY S 132981 -61992 MCLEAN , LEVONDA 134935-1210 MELENDEZ, ALEXIS 87467-19551 FORECLOSURE MENDOZA, DIEGO A 186985-43461 MESSINA, ANGELO 189475-51381 MILLER JR , GILBERT 17 0181-46732 MOELLER , MARIA 166897-47766 MOORE , MIQUAN SHAKIL 190301-41449 MUNOZ, RE YNA J 174555-76281 PALMATIER , MAX 173589-85 7 33 PALMER , KANIN DANIEL 190967 -81567 PARKER, JOANN 197195-43670 PEIDMONT RECOVERY 3 5147-74118 PETERS , DANIEL RAY 176127-7366 3 PETROCCITTO, NI C OLO M 198 667-5 1189 Pag e 2 BALANCE TO WRITE-OFF $450 .28 $1 13.28 $68.97 $48.50 $8 .50 $36.30 $300.50 $500.22 $1,416.86 - $38.97 $877.44 $48.64 $34.85 $137.81 $63.77 $77.50 $41.95 $146.50 $170.00 $118.00 $370 .00 $58 .22 $25.09 $166 .50 $12.16 $309.58 $203.50 $92.53 $44.25 $667.89 $41 .83 $113.94 $189.74 $37.41 $130.68 $47 .15 $135.50 $33.51 $122.21 $54.56 $81.64 $35.70 $31 .6 6 $10.96 $55 .76 $55 .53 $296.00 $403.71 $3 9 .00 110518a HCBOC Page 58 NAME PICARD , JILL ALANA PIERCE, ROBIN POORE , RHONDA PUGH , JAMES RAMBEAUT, ROBERT RATCLIFF, MARCUS RAY, TYONA NICHOLE REYES , MARCO ANTONIO RIGGSBY, CHRISTOPHER RISVIK, RENEE' ROBINSON JR, DOUGLAS ROBINSON , MEGAN RUITER , JOHN SCOTT II , DANNY R SCOTT, ANN SELLARS, JIMMIE ALBERT SHELBY, CHRISTOPHER SMITH , CRESHENDA SMITH , DESNE SMITH , HOSIE VAN SNEAD, TERRY SPELL, ANGELA STEPHENS , MARJORIE STEPHENS, STEPHANIE STEVENS, BLAIR STROUD , LAURAL TAYLOR, JAMES M THOMAS, DAVID THOMAS, RICHARD TRAMMELL, LORI A TRUELOVE , JOHNNY TYLER , KATHERINE UPCHURCH, LOUIS HARNETT COUNTY DEPT OF PUBLIC UTILITIES QUARTERLY DELINQUENT WRITE OFFS SEPT 2015 ACCOUNT ~NOTES 190535-77156 I 129567-19812 168903-74917 BANKRUPTCY 194615-38489 188797-33808 193617-39643 186887-84629 197435-51078 192041-5353 175673-43100 145479-50747 115779-80921 171353-88872 167675-88373 185259-77 468 72063-68242 187303-8189 144375-23554 174795-61850 49101-5296 169215-44828 133811-38868 50043-1313 RET BILL 54431-65672 135723-30937 19583-72162 151891-23196 183593-8791 192521-25574 47621-3462 54273-33973 179665-35427 38453-57476 VERBAL , SILVANUS NICQUAN 194763-49561 VILLANUEVA, STEPHAN 135493-49188 WALDEN, LAUREN 169281 -62643 WARE, ALBERT 195131-51128 WARREN , ROSHAUIA 199491-16478 WASHINGTON , KATORIA 193409-69780 WESTLUND , MELE 114255-84378 FORECLOSURE WHITE, PAUL 80813-4993 WHITLOCK, APRIL 188011 -3733 WILDER , CHAS 190701-3306 WOOD, MICHAEL 66253-73662 WYNN , RODERICK DEANDRE 186921-35918 YATES, DARELL 152285-67157 YOUNG , SEAN A 181541-3451 TOTAL Pag e 3 BALANCE TO WRITE-OFF $32.27 $36.29 $35.98 $87 .54 $29.18 $58.93 $104.42 $27.17 $137.56 $90.25 $43.79 $2,822.15 $118.24 $52.64 $20.65 $114.67 $24 .52 $91 .18 $49.86 $63 .27 $245.27 $146.65 $304.50 $376 .88 $51 .00 $46 .14 $102 .04 $100.21 $24.42 $96.57 $76.85 $121 .68 $37.00 $64.73 $74 .00 $146.93 $30 .15 $133.85 $35 .18 $277 .50 $27.65 $196 .21 $14.41 $138.00 $458.99 $26.03 $30.65 $22,288.63 110518a HCBOC Page 59 Board Meeting Agenda Item Agenda Item J./ -H MEETING DA TE: November 5, 2018 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: 2018 Edward Byrne Memorial Grant REQUESTED BY: Sheriff REQUEST: The Sheriffs Office request permission to accept a grant to the Office of Justice Program under the FY 18 Edward Byrne Memorial Justice Assistance Grant Program. The Grant amount is$ 20,194.00. The funds will be used to laptops, software and/or other IT equipment and/or other investigative equipment to support the Sheriffs Office needs. There is no local match required . FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: U :\My Documents\2018 Edward Byrne Grant\Agenda 2018.docx I of 1 Page 110518a HCBOC Page 60 BYA FY 18 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT Abstract NANE: Harnett County Sheriff's Office APPLICATION #: PROJECT: Information Technology Improvement GOAL 1: To enhance a deputy's ability to perform their duties safer and efficiently. Goal 2: To increase the ability to recover data and information from computers and cellphones for criminal investigations . DESCRIPTION OF STRATEGIES: Computers and/or cellphones are involved in some way i n most cases we investigate. The extraction on information from these devices is essential. To accomplish these tasks, we require specialized equipment, software and support items such as tools, portable hard drives to extract and store this information . Computers (laptops) and other equipment are designed to perform certain task. The forensic examination of computers and cellphones is required for our law enforcement in the 21th century. PROJECT INDENTIFIERS: Communications Data Sharing Officer Safety Policing Criminal Investigations 110518a HCBOC Page 61 This project is a computer software/hardware project that provides laptops, data extraction equipment and software to Deputies. This project will provide better communications from dispatches to deputies and access to a board range of programs. This project will improve communications, link deputies with data sharing programs; improve officer safety and overall improving policing by the Harnett County Sheriff's Office . The majority of criminal investigations involve the recovery of data from computers and cellphone. This has greatly increased the need for specialized equipment, software and support items in the criminal investigation division. The grantee will use the grant to enhance the deputy's ability to respond safer and more efficiently to the needs of the citizens of Harnett County. Deputy will be able to stay in their assigned communities by being able to access all available resources and transmit reports to the Harnett County Sheriff's Office over a wireless network. The grantee may also use grant to also purchase devices, software and equipment to enable staff to extract data from cellphones and computers for the investigation division . 110518a HCBOC Page 62 Harnett County Sheriff's Office 2018 Edward Byrne Memorial Grant Attachment: 2 The will project will purchase computers, software and/or data storage. Edward Byrne Funds $20,194.00 Laptops, equipment $18,594.00 Software $ 1,600.00 Total $20,194.00 Technology $20,194.00 Budget: A. Personnel-NJ A $0.00 B. Travel-NJ A $0.00 C. Fringe Benefits-NJ A $0.00 D. Equipment-$ 20,194.00 E. Supplies-NJ A $ 0.00 F. Construction-NJ A $0.00 G. Consultant-NJ A$0.00 H . Other Cost-NJ A $0.00 I. Indirect Cost-NJ A$0.00 Budget Narrative: The funds will purchase hardware, software and support items that will be used by criminal investigations. The equipment and software will enable investigators 110518a HCBOC Page 63 to conduct forensic examinations of cellphone and computer is which is crucial in the investigation of crimes in the 21st century . 110518a HCBOC Page 64 Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2018 Local Solicitation The Harnett County Sheriffs Office is soliciting public comments on applying for Funds from through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The Sheriff's Office would like to use the funds to purchase computers and software for the criminal investigative division. These computers and software will enhance the ability for investigator to have access to vital information from computers and cellphones when conducting investigations. Your comments may be sent to webshf@harnett.org, mail to Major Gary McNeill, PO Box 399, Lillington, NC 27546 or call 910-893-0102 and leave your comment. 110518a HCBOC Page 65 D. Equipment-List fil)J).::gQ.C.IJ.ili!..~. items that are purchased (Note: Organization's own capitalii.ation policy for classification of equipment should be used). f~~-l!bl~ items should be included in the "Supplies·· category. Applicants should analyi.e the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technological advances. Rented or leased equipment costs should be listed in the "Contractual" category. Explain how the equipment is necessary for the success of the project, and describe the procurement method to be used. To Vie~:Ll!.!LE.1-... ~mpJ!'~ick H~ EQUIPMENT (FEDERAL) Computation Item Cost Quantity Cost Dhdtal Forensic Workstation I $15,000.00 $15,000 !New Alien 17 inch laotoo comouter I $1,794.00 $1,794 Ultimate Forensic Write Protection Kit II I $1.800.00 $1.800 ElcomSo Password Recovery Bundle (software) I $1,600.00 $1,600 FEDERAL TOTAL $20,194 EQUIPMENT NARRATIVE (FEDERAL} The above equipment and software will be used for forensic examination and extraction of data from of cellphones and computers. The software is used to identify and/or bypass passwords to allow examination and extraction of data from devices. 110518a HCBOC Page 66 U.S. Department of Justice Office of Justice Programs Office of the Assistant Attorney General October I , 2018 Mrs . Paula Stewart County ofHamen PO Box 759 Lillington, NC 27546 Dear Mrs. Stewart: Washington. /J.C. 2053/ On behalf of Attorney General Jefferson Sessions m, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 18 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation in the amount of$20,194 for County of Hamett. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings , and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be s ubject to termination for cause or other admin istrative action as appropriate. If you have questions regarding this award, please contact: -Program Questions, Shaketta Cunningham, Program Manager at (202) 514-4493; and -Financial Questions, the Office of the ChiefFinancial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Matt Dummennuth Principal Deputy Assistant Attorney General Enclosures 110518a HCBOC Page 67 OCR Letter to All Recipients October I , 2018 Mrs. Paula Stewart County of Hamett PO Box 759 Lillington, NC 27546 Dear Mrs. Stewart: OFFICE FOR CML RIGHTS Office of Justice Programs U.S. Department of Justice 81 O 7th Street, NW Washington, DC 20531 Tel: (202) 307-0690 TTY: (202) 307-2027 E-mail: askOCR@usdoj.gov Website: www.ojp.usdoj.gov/ocr Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis ofrace, color, n ational origin, religion , sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of2013, President Obama signed the Violence Against Women Reauthorization Act of2013. The statute amends the Violence Against Women Act of 1994 (VA WA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity . The new nondiscrimination grant condition applies to certain programs funded after October I , 2013. The OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VA WA funds to understand their obligations. The Frequently Asked Questions are available at https://ojp.gov/about/ocr/vawafaqs.htm. Enforcing Civil Rights Laws All recipients offederal fmancial assistance, regardless of the parti c ular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a number ofrecipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. 110518a HCBOC Page 68 Providing Services to Limited English Proficiency (LEP) Individuals In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VJ Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41 ,455 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website https ://www.lep.gov . Ensuring Equal Treatment of Faith-Based Organizations and Safeguarding Constitutional Protections Related to Religion The DOJ regulation, Partnerships with Faith-Based and Other Neighborhood Organizations, 28 C.F.R. pt. 38, updated in April 2016, prohibits all recipient organizations, whether they are law enforcement agencies, governmental agencies, educational institutions, houses of worship, or faith-based organizations, from using financial assistance from the DOJ to fund explicitly religious activities . Explicitly religious activities include worship, religious instruction, or proselytization. While funded organizations may engage in non-funded explicitly religious activities (e.g., prayer), they must hold them separately from the activities funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. Funded faith-based organizations must also provide written notice to beneficiaries, advising them that if they should object to the religious character of the funded faith based organization, the funded faith-based organization will take reasonable steps to refer the beneficiary to an alternative service provider. For more information on the regulation, please see the OCR's website at https ://ojp.gov/about/ocr/partnerships.htm. SAAs and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 34 U.S.C. § 10228(c); the Victims of Crime Act of 1984, as amended, 34 U.S.C. § 201 IO(e); the Juvenile Justice and Delinquency Prevention Act ofl974, as amended, 34 U.S .C. §II 182(b); and VAWA, as amended, 34 U.S.C. § I229l(b)(l3), contain prohibitions against discrimination on the basis ofreligion in employment. Despite these nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by- case basis to permit some faith-based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application ofRFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring deci s ions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of A"est and Corrviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013), available at https ://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (I) complying with the federal regulation pertaining to the development ofan EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)). 110518a HCBOC Page 69 Meeting the EEOP Requirement An EEOP is a comprehensive document that analyzes a recipient's relevant labor market data, as well as the recipient's employment practices, to identify possible barriers to the participation of women and minorities in all levels of a recipient's workforce. As a recipient of DOJ funding , you may be required to submit an EEOP Certification Report or an EEOP Utilization Report to the OCR. For more information on whether your organization is subject to the EEOP requirements, see https ://ojp .gov/about/ocr/eeop.htm. Additionally, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 616-1771 or by e-mail at EEOPforms@usdoj.gov. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award, your organization bas received an adverse finding of discrimination based on race, color, national origin, religion, or sex, after a due-process bearing, from a state or federal court or from a state or federal administrative agency, your organization must send a copy of the finding to the OCR. Ensuring the Compliance ofSubrecipients SAAs must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights laws. In addition, SAAs must submit to the OCR every three years written Methods of Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement, see https://ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm . If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance, please contact us. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst 110518a HCBOC Page 70 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance I. RECIPIENT NAME AND ADDRESS (Including Zip Code) County of Ham en PO Box 759 Lillington, NC 27546 2a. GRANTEE IRSNENDOR NO . 103510006 2b. GRANTEE DUNS NO. 799829242 3. PROJECT TITLE Information Technology Improvement 12. SPECIAL CONDITIONS PAGE I OF 23 Grant 4 . AWARD NUMBER: 20 18-DJ-BX-0504 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 6. AWARD DATE 10/01/2018 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AW ARD AMOUNT 10.AMOUNTOFTI-IlSAWARD 11. TOTAL AWARD 10/01/2017 TO 09/30/2019 10/01/2017 TO 09/30/2019 7 . ACTION Initial $0 $20,194 $20,194 THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13 . STATIJTORY AUfHORITY FOR GRANT This project is supported under FY l 8(BJA -JAG State & JAG Local) Title I of Pub. L. No. 90-35 1 (generally codified at 34 U.S.C. 10 101 -10726), i ncluding subpart I of part E (codified at 34 U.S.C. 10151 -10158); see also 28 U.S.C. 530C(a) 14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.73 8-Edward Byrne Memorial Justice Assistance Grant Program 15 . METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Man Dummermuth Principal Deputy Assistant Anomey General 17. SIGNATURE OF APPROVING OFFICIAL Paula Stewart Coun ty Manager 19. SIGNATURE OF AUfHORIZED RECIPIENT OFFICIAL AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. TDJUGT0959 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 20194 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2(REV. 4-88) 19A . DATE 110518a HCBOC Page 71 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX-0504 AW ARD CONTINUATION SHEET Grant AWARD DATE 10/01/2018 SPECIAL COND/TJONS I. Requirements of the award; remedies for non-compliance or for materially false statements PAGE 2 OF 23 The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalfofthe recipient that relate to conduct during the period of performance also is a material requirement of this award. Failure to comply with any one or more of these award requirements --whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period -- may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. The Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate . Any materially false, fictitious, or fraudulent statement to the federal government related to this award ( or concealment or omission ofa material fact) may be the subject of criminal prosecution (including under 18 U.S.C . 1001 and/or 1621 , and/or 34 U .S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S .C . 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. 2. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C .F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2018 award from OJP. The Part 200 Uniform Requ.irements were first adopted by DOJ on December 26, 2014. lfthis FY 2018 award s upplements funds previously awarded by OJP under the same award number (e.g ., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2018 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgraots"), see the OJP website at bttps://ojp.gov/funding/Part200UniformRequirements.htm . Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain --typically for a period of3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies --and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements , the recipient is to contact OJP promptly for clarification. OJP FORM 4000/2 (REV. 4-88) 110518a HCBOC Page 72 U.S. Deparnnent of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX-0504 AWARD CONTINUATION SHEET Grant AWARD DATE I0/0Jn018 SPECIAL CONDITIONS 3. Compliance with DOJ Grants Financial Guide PAGE 3 OF 23 References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently , the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 4 . Reclassification of various statutory provisions to a new Title 34 of the United States Code On September I, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U .S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U .S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 5 . Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfull y completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. S uccessful completion of such a training on or after January I, 2016, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP finan c ial management and grant administration training" by 120 calendar days after--(I) the date ofOJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January I, 2016, will satisfy this condition. A list ofOJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of thi s condition is available at https://www.ojp.gov/training/fmts.htm . All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impos e additional appropriate conditions on thi s award. 6. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its e ligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimi s" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements . OJP FORM 4-000/2 (REV. 4-88) 110518a HCBOC Page 73 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PROJECT NUMBER 20 18-DJ-BX-0504 AWARD DATE 1010 1no1s SPECIAL CONDITIONS 7. Requirement to report potentially duplicative funding PAGE 4 OF 23 If the recipient currently bas other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 8. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at bttps://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that h e or she may own or operate in bis or her name). 9. Requirement to report actual or imminent breach of personally identifiable information (PU) The rec ipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (0MB M-17-12) ifit (or a s ubrecipient)-· I) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200. 79) within the scope of an OJP grant-funded program or activity, or 2) uses or operates a "Federal information system" (0MB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PU to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. I 0 . All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that --for purposes of federal grants administrative requirements --OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https ://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. OJP FORM 4000/2 (REV. 4-88) 110518a HCBOC Page 74 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX-0504 AW ARD CONTINUATION SHEET Grant AWARD DATE 10/01/2018 SPECIAL CONDITIONS PAGE 5 OF 23 11 . Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $150,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that --for purposes of federal grants administrative requirements --OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htrn (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $150,000)), and are incorporated by reference here. 12. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgraotee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individual s defined (for purposes ohhis condition) as "employees " of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htro (Award condition: Proh ibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 13. Compliance with applicable rules regarding approval , planning, and reporting of conferences, meetings , trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations , policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the OOJ Grants Financial Guide (currently, as section 3.10 of"Postaward Requirements" in the "DOJ Grants Financial Guide"). 14. Requirement for data on performance and effectiveness under the award The recipie nt must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 15 . OJP Training Guiding Principles Any training or training materials that the recipient --or any subrecipient ("subgrantee") at any tier --develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/lmplementffrainingPrinciplesForGrantees-Subgrantees.htro. OJP FORM 4000/2 (REV. 4-88) 110518a HCBOC Page 75 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX-0504 AWARD CONTINUATION SHEET Grant AWARD DATE 10/01/2018 SPECIAL CONDITIONS 16 . Effect of failure to address audit issues PAGE 6 OF 23 The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds , or may impose other related requirements, if (as detennined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements ( or by the terms ofthis award), or other outstanding issues that arise in connection with audits, investigations , or reviews ofDOJ awards. 17 . Potential imposition of additional requirements The re ci pient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. 18. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of28 C.F.R. Part 42 that relate to an equal employment opportunity program . 19 . Com pliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of28 C.F.R. Part 54, which relate s to nondiscrimination on the basis of sex in certain "education programs." 20. Compliance with DOJ regulations pertaining to civi l rights and nondiscrimination -28 C.F.R. Part 38 The recipient, and any subre cipient ("subgrantee") at any tier, must comply with all applicable requirements of28 C.F .R. Part 38, specifically includin g any applicable requirements regarding written noti ce to program beneficiaries and prospective program beneficiaries. Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of di scrim ination on the basis of religion, a religious belief: a refusal to hold a religious belief, or refusal to attend or participate in a religious practice . Part 38 also sets out rules and requirements that pertain to recipient and s ubrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The te xt of the regulation, now entitled "Partnerships with Faith-Based and Other Ne ighborhood Organizations," is available via the Electronic Code offederal Regulations (currently accessible at https ://www.ecfr.gov/cgi- bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter I , Part 38, under e-CFR "current" data. OJP FORM 4000/2 (REV. 4-88) 110518a HCBOC Page 76 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX--0504 A WARD CONTINUATION SHEET Grant AWARD DATE 10/01/2018 SPECJAL CONDITIONS 21. Restrictions on "lobbying" PAGE 7 OF 23 In general , as a matter offederal law , federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any Jaw, regulation, or policy, at any level of government. See 18 U .S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal Jaw generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with re spect to actions such as renewing, extending, or modifying any such award. See 31 U.S .C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 22. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2018) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2018, are set out at https://ojp.gov/funding/Explore/FY I 8AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient ( or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 23. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The recipient and any subrecipients ("subgrantees") must promptly refer to the OOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, s ubrecipient, contractor, subcontractor, or other person has , in connection with funds under this award --(I) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation oflaws pertaining to fraud, conflict of interest, bribery , gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(I) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (2) the DOJ OIG hotline: (contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oigjustice.gov/hotline. OJP FORM 4000/2 (REV. 4-88) 110518a HCBOC Page 77 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 20 I 8-DJ-BX-0504 AWARD CONTINUATION SHEET Grant AWARD DATE 10/01/2018 SPECIAL CONDITIONS 24 . Restrictions and certifications regarding non-disclosure agreements and related matters PAGE 8 OF 23 No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may req uire any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. I. ln accepting this award, the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above ; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds , will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both-- a. it represents that-- ( 1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whe ther through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fra ud, or abuse as described above; and (2) it has made appropriate inquiry , or otherwise has an adequate factual basis, to support this representation ; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. OJP FORM 4000/2 (REV. 4-88) 110518a HCBOC Page 78 U.S . Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX-0504 AWARD CONTINUATION SHEET Grant AWARD DATE 10/01/2018 SPEC/Al CONDITIONS 25. Compliance with 41 U .S .C . 4712 (including prohibitions on reprisal ; notice to employees) PAGE 9 OF 23 The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of infonnation related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation oflaw, rule, or regulation related to a federal grant. The recipient also must infonn its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U .S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 47 12 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 26. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October I , 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course ofperfonning work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 27. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ Tfthe recipient is designated "high risk" by a federal grant-making agency outside ofDOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: I . The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3 . The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. 28. Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office ofCbiefFinancial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds ; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). OJP FORM 400012 (REV. 4-88) 110518a HCBOC Page 79 U.S. Deparnnent of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NU MBER 2018-DJ-BX-0504 AWARD CONTINUATION SHEET Grant AWARD DATE 10/01/2018 SPECJA L CONDITIONS 29. FF AT A reporting: Subawards and executive compensation PAGE 10 OF 23 The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of$25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds . The details ofrecipient obligations, which derive from the Federal Funding Accountability and Transparency Act of2006 (FFATA), are posted on the OJP web site at https://ojp .gov/funding/Explore/FF AT A.htm (A ward condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition , including its reporting requirement, does not apply to--(I) an award ofless than $25 ,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). • 30. Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 31 . Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements . Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 32. Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ I it.ojp.gov/ gsp_grantcondition . The recipient (and any subrecipieat at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 33 . Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which invol ve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction ofBJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT sys tem. 34. Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipieat at any tier) must comply with 28 C.F.R. Part 23 , Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of28 C.F .R. Part 23 occur, the reci pient may be fined as per 34 U.S.C. 1023 l(c)-(d). The recipient may not satisfy such a fine with federal funds . t.) OJP FORM 4000/2 (REV. 4-88) 110518a HCBOC Page 80 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX-0504 AWARD CONTINUATION SHEET Grant AWARD DATE 10/0tn0[8 SPECIAL CONDITIONS 35. Protection of human research subjects PAGE II OF 23 The recipient (and any subrecipient at any tier) must comply with the requirements of28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval , if appropriate, and subject informed consent. 36. Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of28 C .F.R. Part 22 and, in particular, 28 C.F.R. 22.23. 37. Verification and updating of recipient contact information The recipient must verify its Point ofContact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 38. Law enforcement task forces -required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge on line through the BJA-funded Center for Task Force Integrity and Leadership (www.ctOi.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountabi.lity. If award funds are used to support a task force , the recipient must compile and maintain a task force personnel ros ter, along with course completion certificates. Addit ional information regarding the training is available through BJ A's web site and the Center for Task Force Integrity and Leadership (www.ctOi.org). 39. Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of$650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds . OJP FORM 4000/2 (REV. 4-88) 110518a HCBOC Page 81 ---------------------------------------- U .S . Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX-0504 AWARD CONTlNUATION SHEET Grant AWARD DATE 10/01/2018 SPECIAL CONDITIONS 40. Submission of eligible records relevant to the National Instant Background Check System PAGE 12 OF 23 Consonant with federal statutes that pertain to firearms and background checks --including 18 U.S.C . 922 and 34 U.S.C. ch. 409 --if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and --when appropriate --promptly must update, correct, modify, or remove such NlCS- relevant "eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. 41 . Certification of Compliance with 8 U.S.C. 1373 and 1644 (within the funded "program or activity") required for valid award acceptance by a local government lo order validly to accept this award, the applicant local government must submit the required "State or Local Government: FY 2018 Certification of Compliance with 8 U.S.C. 1373 and 1644" (executed by the chieflegal officer of the local government). Unless that executed certification either--(1) is s ubmitted to OJP together with the fully- executed award document, or (2) is uploaded in OJP's GMS no later than the day the signed award document is submitted to OJP, any submission by a local government that purports to accept the award is invalid If an initial award-acceptance submission by the recipient is invalid, once the local government does submit the necessary certification regarding 8 U.S.C. 1373 and 1644, it may submit a fully-executed award document executed by the local government on or after the date of that certification. For purposes of this condition, "local government" does not include any Indian tribe. OJP FORM 400012 (REV. 4-88) 110518a HCBOC Page 82 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX-0504 AWARD CONTINUATION SHEET Grant AWARD DATE 10/01 /2018 SPECIAL CONDITIONS PAGE 13 OF 23 42. Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C . 1373 and 1644 ; ongoing compliance I. With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, - agency , or -official may prohibit or in any way restrict--(I) any government entity or -official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a); or (2) a government entity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration status as described in either 8 U.S .C. 1373(b) or 1644. Any prohibition (or restriction) that violates this condition is an "information-communication restriction" under this award . 2. Certifications from subrecipients. The recipient may not make a subaward to a State, a local government, or a "public" institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373 and 1644, properly executed by the chieflegal officer of the government or educational institution that would receive the subaward, using the appropriate form available at https://ojp.gov/funding/Explore/SampleCertifications-8USC 1373 .htm. Also, the recipient must require that no subrecipient (at any tier) may make a further subaward to a State, a local government, or a public institution of higher education, unless it first obtains a certification of compliance with 8 U.S .C. 1373 and 1644, properly executed by the chieflegal officer of the government or institution that would receive the further subaward, using the appropriate OJP form. 3. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of thi s condition . 4. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To th e extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education , incurs to implement this condition. 5. Rules of Construction A. For purposes of this condition : (I) "State" and "local government" include any agency or other entity thereof, but not any institution of higher education or any Indian tribe . (2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in su bstantial part) by a State or local government. (Such a public institution is considered to be a "government entity ," and its officials to be "government officials.") (3) "Program or activity" means what it mean s under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a). (4) "[mmigration status" means what it means under 8 U.S .C. 1373 and 8 U.S.C . 1644 ; and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101 , except that "State" also includes American Samoa. (5) Pursuant to the provision s set out at ( or referenced in) 8 U.S.C . 1551 note ("Abolition ... and Transfer of Functions"), references to the "Immigration and Naturalization Service" in 8 U.S.C. 1373 and 1644 are to be read as references to particular components of the Department of Homeland Security (DHS). B. Nothing in thi s condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or focal government, any public institution of higher education , or any other entity (or individual) to violate any federal law, including any applicable civil rights ornondiscrimination law. rMPORTANT NOTE: Any que stion s about the meaning or scope of this condition should be directed to OJP, before p)-.j OJP FORM 4000/2 (REV . 4-88) 110518a HCBOC Page 83 U.S . Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX-0504 AWARD CONTINUATION SHEET Grant AWARD DATE 10/01/2018 SPECIAL CONDITIONS award acceptance. PAGE 14 OF 23 43 . Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enforcement (8 U.S.C. 1373 and 1644); unallowable costs ; notification I. If the recipient is a "State," a local government, or a "public" institution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded in whole or in part with award funds is subject to any "information-communication restriction." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if --at the time it incurs such costs --the program or activity of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that would be reimbursed in whole or in part with award funds was subject to any information-communication restriction. C. Any drawdown of award funds by the recipient shall be considered, for alJ purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardJess of tier) that is a State, local government, or public institution of higher education, is in compliance with the award condition entitled "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance." D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of higher education, may be subject to any information-communication restriction. In addition, any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information-communication restriction. 2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any infonnation-communication restriction. 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circwnstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unaUowable costs for purposes of this award. ln making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diJigent monitoring ofsubrecipient compliance with the requirements set out in the "Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition. 4. Rules of Construction A. For purposes of this condition "information-communication restriction" has the meaning set out in the "Noninterference ... 8 U .S .C. 1373 and 1644 and ongoing compliance" condition. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... 8 U.S .C. 1373 and 1644 and ongoing compliance" condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) 110518a HCBOC Page 84 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX--0504 AWARD CONTINUATION SHEET Grant AWARD DATE 10/01/2018 SPECIAL CONDITIONS PAGE 15 OF 23 44. Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of certain law enforcement sensitive information SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). I. Noninterference: No public disclosure of federal law enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S .C. chs. I, 49,227), no public disclosure may be made of any federal law enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute ( or could form a predicate for) a violation of 18 U.S .C . 1071 or 1072orof8 U.S.C. 1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A . For purposes of this condition-- (!) the term "alien" means what it means under section IOI of the Immigration and Nationality Act (see 8 U.S .C. 1 IOl(a)(3)); (2) the term "federal law enforcement information" means law enforcement sensitive information communicated or made available, by the federal government, to a State or local government entity , -agency, or -official , through any means, including, without limitation--(I) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned. imminent, commencing, continuing, or impending federal law enforcement activity ; (3) the term "law enforcement sensitive information" means records or information compiled for any law enforcement purpose; and (4) the term "public disclosure" means any communication or release other than one--(a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity . 8 . Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. OJP FORM 400012 (REV. 4-88) 110518a HCBOC Page 85 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ -BX-0504 AW ARD CONTINUATION SHEET Grant AWARD DATE I0/01/2018 SPECIAL CONDITIONS PAGE 16 OF 23 45 . Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference with statutory law enforcement access to correctional faci lities Consonant with federal law enforcement statutes and regulations --including 8 U.S.C. 1357(a), under which certain fede ral officers and employees "have power without warrant ... to interrogate any alien or person bel ieved to be an al ien as to his right to be or to remain in the United States," and 8 C.F.R. 287.5(a), under which that power may be exercised "anywhere in or outside the United States" --within the funded program or activity, no State or local government entity, -agency, or -official may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States act ing under color of federal law) by impeding access to any State or local government (or government-contracted) correctional facility by such agents for the purpose "interrogat[ing] any alien or person bel ieved to be an alien as to his for her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g ., training) designed to ensure compliance with this condition. 4. Rules of construction A . For purposes of this condition: (I) The term "alien" means what it means under section IOI of the Immigration and Nationality Act (!NA) (see 8 U.S.C. I IO l (aX3)). (2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968 (see 34 U.S.C. 10251 (a)(7)). (3) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that-- (a) is designed to prevent or to significantly delay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal Jaw enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) 110518a HCBOC Page 86 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX.0504 AWARD CONTINUATION SHEET Grant AWARD DATE 10/01/2018 SPECIAL CONDITIONS PAGE 17 OF 23 46. Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release SCOPE . This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award , as of the date the recipient accepts the award, and throughout the remainder of the period of performance . Its provisions must be among those included in any subaward at any tier. I. Noninterference with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes --including 8 U.S .C. 1231 (for an alien incarcerated by a State or local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an J undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C . 1366 (requiring an annual DOJ report to Congress on "the number of illegal alien[ felons) in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. ofremovable "criminal aliens")--within the funded program or activity, no State or local government entity, -agency, or -official (including a government-contracted correctional facility) may interfere with the "removal" process by failing to provide --as early as practicable (see para . 4.C. below) -advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government ( or govemment- contracted) correctional facility re ce ives from OHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition . 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program , award funds may be obligated for the reasonable , necessary, and aUocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A For purposes of this condition: (I) The term "alien" means what it means under section 101 of the INA (see 8 U.S.C. I IOl(a)(3)). (2) The term "correctional facility" means what it means under the title I of th e Omnibus Crime Control and Safe Streets Act of 1968 (see 34 U.S .C. 10251(a)(7)). B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released . C. Applicability (I) Current OHS practice is ordinarily to request advance notice of sc heduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I-247A (3/17)). If(e.g., in light of the date OHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of thi s condition to provide only as much advance notice as practicable. (2) Curren t DHS practice is to use the same form for a second, distinct purpose --to request that an individual be {J.<:J OJP FORM 4000/2 (REV. 4-88) 110518a HCBOC Page 87 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ -BX-0504 AWARD CONTINUATION SHEET Grant AWARD DATE 10/01/2018 SPECIAL CONDITIONS PAGE 18 OF 23 detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such OHS requests for detention. D. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. 47. Requirement to collect certain information from subrecipients The recipient may not make a subaward to a State, a local government, or a "public" institution of higher education , unless it first obtains from the proposed subrecipient responses to the questions identified in the program solicitation as "Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE)." All subrecipient responses must be collected and maintained by the recipient, consistent with regular document retention requirements, and must be made available to DOJ upon request. Responses to these questions are not required from subrecipients that are either a tribal government/organization, a nonprofit organization, or a private institution of higher education. OJP FORM 4000/2 (REV. 4-88) 110518a HCBOC Page 88 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX-0504 AWARD CONTINUATION SHEET Grant AWARD DATE 10/0 1/2018 SPECIAL CONDITIONS 48. Compliance with Nati onal Environmental Policy Act and related statutes PAGE 19 OF 23 Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA}, the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. Ifit is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that thi s condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds . That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a I 00-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental lmpact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.htm1, for programs relating to methamphetamine laboratory operations. Application oflbis Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds , the recipient, upon specific reque st from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 49. Establishment of trust fund [f award funds are being drawn down in advance, the recipient ( or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. OJP FORM 4000/2 (REV. 4-88) 110518a HCBOC Page 89 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX-0504 AW ARD CONTINUATION SHEET Grant AWARD DATE 10/01/2018 SPECIAL CONDITIONS 50. Prohibition on use of award funds for match under BVP program PAGE 20 OF 23 JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. 51. Certification of body armor "mandatory wear" policies The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab- resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 52. Body annor -compliance with NU standards and other requirements Ballistic-resistant and stab-resistant body annor purchased with JAG award funds may be purchased at any threat level , make or model, from any distributor or manufacturer, as long as the body armor bas been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NU Compliant Body Armor Model List (https://nij.gov/topics/technology/body-annor/Pages/compliant-ballistic-armor.aspx). In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. I 0202(c)(l)(A). The latest N1J standard information can be found here: https:/ / nij.gov/ topics/ technology/ body-armor/ pages/ safety-initiative.aspx. 53 . Body armor -impact on eligibility for other program funds The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the BVP statute at 34 USC 1053 l(c)(5). 54. Reporting requirements The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports through OJP's GMS (https://grants.ojp.usdoj .gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 55 . Required data on law enforcement agency training Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. 56. Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S. C. IO 152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. OJP FORM 4000/2 (REV. 4-88) 110518a HCBOC Page 90 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX-0504 AWARD CONTINUATION SHEET Grant AWARD DATE 10/01/20 18 SPECIAL CONDITIONS PAGE 21 OF 23 5 7. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October I, 2017 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of perfonnance for the award (October I , 2017), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until , at a minimum--(I) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at- risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. Nothing in this condition shall be understood to authorize the recipient ( or any subrecipient at any tier) to use award funds to "supplant" State or local funds in violation of the recipient's certification (executed by the chief executive of the State or local government) that federal funds will be used to increase the amounts of such funds that would, in th e absence of federal funds, be made available for law enforcement activities. 58. Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("COrnS," the DNA database operated by the FBI) by a government DNA laboratory with access to corns. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into corns. 59. Three percent set-aside for NIBRS compliance The recipient must ensure that at least 3 percent of the total amount of this award is dedicated to achieving full compliance with the FBl's National Incident-Based Reporting System (NIBRS), unless the FBI or appropriate State official has certified that the recipient locality is already NIBRS compliant, and evidence of this has been submitted to and approved by BJA . The recipient will be required by BJA to make revisions to budgets that do not clearly indicate what projects will be supported by this 3 percent set-aside, unless evidence ofNIBRS compliance has been submitted to and approved by BJA. Recipients serving as fiscal agents for "disparate jurisdictions," (as defined at 34 USC 10156(d)(4)) have to pass this requirement through to in subawards to other localities in the disparate jurisdiction, so that each locality in a disparate jurisdiction group dedicates at least 3 percent of award funds to NIBRS compliance, unless, with respect to each locality in the disparate jurisdiction group, evidence ofNIBRS compliance has been submitted to and approved by BJA. OJP FORM 4000/2 (REV. 4-88) 110518a HCBOC Page 91 ~:.i \P U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX-0504 AW ARD CONTINUATION SHEET Grant AWARD DATE 10/01 /2 018 SPECIAL CONDITIONS 60. Encouragement of submission of"success stories" PAGE 22 OF 23 BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to a My BJA account at https:/ / www.bja.gov/ Login.aspx to access the Success Story Submission form . If the recipient does not yet have a My BJA account, please register at https :/ / W\vw.bja.gov/ profile.aspx. Once registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success Story web page at https :/ / www.bja.gov/ SuccessStoryList.aspx. 61. Withholding of funds: Required certification from the chief executive of the applicant government The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition. 62. Withholding of funds: NIBRS set-aside The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and BJA reviews and accepts, a budget that clearly dedicates at least 3 percent of the total amount of the award to NIBRS compliance activities or documentation showing that the recipient has been certified as NIBRS compliant, and a Grant Adjustment Notice (GAN) has been issued to remove this condition. 63 . Withholding of funds: Program narrative The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP reviews and accepts, the program narrative for this award, and a Grant Adjustment Notice (GAN) bas been issued to remove this condition. 64. Withholding -DHS question attachment The recipient may not obligate, expend or draw down funds until the Office of Justice Programs bas received and approved the required application attachment(s) described in the program solicitation as "Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE)," and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 65. Withholding of funds : Budget narrative or information The recipient may not obli gate, expend, or draw down any award funds until the recipient submits, and OJP reviews and accepts, the required budget information or narrative for the award, and a Grant Adjustment Notice (GAN) has been issued to remove this condition. 66. Recipient may not obligate, expend, or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has reviewed and approved the Budget Narrative portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval . 67. Withholding of funds : Disclosure oflobbying The rec ipi ent may not obligate, expend, or draw down any funds under this award until it has provided to the grant manager for this OJP award a complete Disclosure of Lobbying Activities (SF-LLL) form , and OJP bas issued a Grant Adjustment Notice to remove this special condition. OJI' FORM 400012 (REV. 4-88) 110518a HCBOC Page 92 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2018-DJ-BX-0504 AW ARD CONTINUATION SHEET Grant AWARD DATE 10/01/2018 SPECIAL CONDITIONS 68 . Withholding of funds: Disclosure of pending applications PAGE 23 OF 23 The recipient may not obligate , expend, or draw down any award funds until : (1) it has provided to the grant manager for this OJP award either an "applicant disclosure of pending applications" for federal funding or a specific affirmative statement that no such pending applications (whether direct or indirect) exist, in accordance with the detailed instructions in the program solicitation, (2) OJP bas completed its review of the information provided and of any supplemental information it may request, (3) the recipient bas made any adjustments to the award that OJP may require to prevent or eliminate any inappropriate duplication of funding (e.g ., budget modification, project scope adjustment), ( 4) if appropriate adjustments to a discretionary award cannot be made, the recipient bas agreed in writing to any necessary reduction of the award amount in any amount sufficient to prevent duplication (as determined by OJP), and (5) a Grant Adjustment Notice bas been issued to remove this condition. 69. The recipient agrees promptly to provide, upon request, financial or programmatic-related documentation related to this award, including documentation of expenditures and achievements . 70. The recipient understands that it will be subject to additional financial and programmatic on-site monitoring, which may be on short notice, and agrees that it will cooperate with any such monitoring. 71 . High risk: Withholding -Completion of "OJP financial management and grant administration training" required The recipient may not obligate, expend, or draw down funds under this award until--(I) OJP determines that the recipient's Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award have successfully completed an "OJP financial management and grant administration training" on or after January I , 2016, and (2) OJP issues a Grant Adjustment Notice (GAN) to modify or remove this special condition. Once both the POC and all FPOCs have successfully completed the training required by this condition, the recipient may contact the designated grant manager for the award to request initiation of a GAN to remove this condition. A list of the OJP trainings that OJP will consider an "OJP fmancial management and grant administration training" for purposes of this cond.ition is available at bttps://ojp.gov/training/fmts.htm . All trainings that satisfy this condition include a session on grant fraud prevention and detection. 72. Initial period of performance ; requests for extension The recipient understands that the initial period of performance for this award is two years. The recipient further understands that any requests for an extension of the period of performance for this award will be approved automatically for up to a total of two additional years, pursuant to 34 U.S.C. 10152(f) and in accordance with the program solicitation associated with this award. Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any) will be at the discretion of the Director of BJ A. 73. Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs bas received and approved the required application attachment(s) and has issued a Grant Adjustment Notice (GAN) releasing this special condition. OJP FORM 4000/2 (REV. 4-88) 110518a HCBOC Page 93 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531 Memorandum To: Official Grant File From: Subject: Orbin Terry, NEPA Coordinator Incorporates NEPA Compliance in Further Developmental Stages for County of Hamett The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly , prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain , a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification , seizure, or closure of clandestine methamphetamine laboratories. Complying with NE PA may require the preparation ofan Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA . Further, for programs relating to methamphetamine laboratory operations, the preparation ofa detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more s pec ific information about environmental compliance. 110518a HCBOC Page 94 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT NUMBER 20 18-DJ-BX-0504 PROJECT SUMMARY Grant PAGE I OF I This project is supported under FY18(BJA -JAG State & JAG Local) Title l of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101 -10726), including subpart I of part E (codified at 34 U.S.C. 10151 -10158); see al so 28 U .S.C. 530C(a) I. STAFF CONTACT (Name & telephone number) Shaketta Cunningham (202) 514-4493 3a. TITLE OF THE PROGRAM 2. PROJECT DIRECTOR (Name, address & telephone number) G ary McNeil! Major I 02 East Front Street Lillington. NC 27546-5143 (910) 893-0102 BJA FY 18 Edward Byrne Memorial Justice Assis tance Grant (JAG) Program -Local Solicitation 3b. POMS CODE (SEE INSTR UCTIONS ON REVERSE) 4. TITLE OF PROJ ECT Information Technology Improvement 5. NAME & ADDRESS OF GRANTEE Coun ty of Hamett PO Box759 Lillington, NC 27546 7. PROGRAM PERJOD FROM: (0/01/2017 9. AMOUNT OF AWARD $20,194 11. SECOND YEAR'S BUDGET 13. THIRD YEAR'S BUDGET PERJOD TO: 09/30/2019 15. SUMMARY DESCRJPTION OF PROJECT (See instruction on reverse) 6. NAME & ADRESS OF SU BG RA NTEE 8 . BUDGET PERJOD FROM: 10/01/2017 10 . DATE OF AWARD 10/01/2018 TO: 09/30/2019 I 2. SECOND YEAR'S BUDGET AMOUNT 14. THIRD YEAR'S BUDGET AMOUNT The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of criminal justice related activities based on their own state and local needs and conditions. Grant funds can be used for s tate and local initiatives, technical assistance , training, personnel, equipment, su pplies, contractual support, and information systems for criminal j ustice, including for any one or more oftbe follo wing purpose areas : l ) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5 ) drug treatment and enforcement programs; 6) planning, evaluation, and technol ogy improvement programs; 7) crime victim and witness programs ( other than compensation); and 8) mental health programs and related law enforcement and correction s programs, including behavioral programs and crisis intervention teams. This Local JAG award will be used to s upport criminal justice initiatives that fall under one or more of th e allowable program areas above. Any equipment purchases or funded initiatives such as o vertime, task forces, drug programs or information sharing, will be aimed at reducing crime and enhancing public and OJP FORM 4000/2 (REV. 4-88) 110518a HCBOC Page 95 officer safety. NCA/NCF 110518a HCBOC Page 96 Agenda Item -~J../~-_Z.. __ _ Cr~ Harnett 1V·-~}Lr ~ _C _O_U_N_T_Y ____________________ _ ~ _ --:_ -_ NORTH CAROLINA RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS APPROVING THE GRAVE RELOCATION OF THE TEW CEMETERY www .ha rn ett.org WHEREAS, the Tew Ceme tery is an abandoned cemetery located at Interstate 95 ("I-95") at SR 1808 (Jonesboro Road) and SR 1709 (Hodges Chapel Road); WHEREAS, the Tew Cemetery is located in the proposed r ight of way of the North Carolina Department of Transportation 's ("NCDOT") planned widening for 1-95; WHEREAS, NCDOT has determined and certified to the Harnett County Board of Commissioners that the removal of the graves is reasonably necessary to accommodate the widening ofl-95 ; WHEREAS, NCDOT will fulfill all of the requirements for the removal and relocation of the remains within these graves set forth in North Carolina General Statute §65-106; WHEREAS, arrangements will be made for the remains of approximately (57) graves from the Tew Cemetery to be re-interred to the Willis & Lillie Tew Cemetery, the Veterans Memorial Gardens Cemetery, the Tew Cemetery located at 1570 Union Church Road, and the Grove Pres byterian Church cemetery ; WHEREAS, NC DOT has not received any opposition to the removal and relocation of these graves ; and WHEREAS, NCDOT has determined that the re is no evidence of any historical significance regarding these graves and their removal would not be detrimental to the general welfare of the County. NOW THEREFORE BE IT RESOLVED that the Harnett County Board of Commissioners, in reliance on NCDOT's determination and certification to the Board, hereby deem it a necessity to di sinter and re-inter the deceased at Tew Ce metery as described above. Duly adopted this the 5th day ofNovember, 2018. HARNETT COUNTY BOARD OF COMMISSI ONERS Gordon Springle, Chairman ATTE ST: Margaret Regina Wheeler, Clerk strong roots • new growt h 110518a HCBOC Page 97 110518a HCBOC Page 98 Agenda Item __ lj...___-___,J: ___ _ I~::---\ Harnett , ----; 1 (~) C O U N T Y l_ -f!=' _ _N _O_R_T_H_C_A_R_O_LI_N_A ______________________________ _ www.harnett .org RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS APPROVING THE GRAVE RELOCATION OF THE TAYLOR CEMETERY WHEREAS, the Taylor Cemetery is an abandoned cemetery located at Interstate 95 ("I-95") at U.S. Highway 421, Exit 73, and SR 1793 (Pope Road), Exit 72; WHEREAS, the Taylor Cemetery is located in the proposed right of way of the North Carolina Department of Transportation's ("NCDOT") planned widening for I-95; WHEREAS, NCDOT has determined and certified to the Harnett County Board of Commissioners that the removal of the graves is reasonably necessary to accommodate the widening of I-95; WHEREAS , NCDOT will fulfill all of the requirements for the removal and relocation of the remains within these graves set forth in North Carolina General Statute §65-106 ; WHEREAS, arrangements will be made for the remains of approximately 26 graves from the Taylor Cemetery to be re-interred to Veterans Memorial Gardens Cemetery, Greenwood Cemetery, and/or at any approved local cemetery the family may specify ; WHEREAS, NCDOT has not received any opposition to the removal and relocation of these graves;and WHEREAS, NCDOT has determined that there is no evidence of any historical significance regarding these graves and their removal would not be detrimental to the general welfare of the County. NOW THEREFORE BE IT RESOLVED that the Harnett County Board of Commissioners, in reliance on NCDOT's determination and certification to the Board, hereby deem it a necessity to disinter and re-inter the deceased at Taylor Cemetery as described above. Duly adopted this the 5th day ofNovember, 2018. HARNETT COUNTY BOARD OF COMMISSIONERS Gordon Springle, Chairman ATTEST: Margaret Regina Wheeler, Clerk strong roots • ne w growth 110518a HCBOC Page 99 110518a HCBOC Page 100 110518a HCBOC Page 101 110518a HCBOC Page 102 110518a HCBOC Page 103 110518a HCBOC Page 104 110518a HCBOC Page 105 110518a HCBOC Page 106 110518a HCBOC Page 107 110518a HCBOC Page 108 110518a HCBOC Page 109 110518a HCBOC Page 110 110518a HCBOC Page 111 110518a HCBOC Page 112 110518a HCBOC Page 113 110518a HCBOC Page 114 110518a HCBOC Page 115 110518a HCBOC Page 116 110518a HCBOC Page 117 110518a HCBOC Page 118 110518a HCBOC Page 119 110518a HCBOC Page 120 110518a HCBOC Page 121 110518a HCBOC Page 122 110518a HCBOC Page 123 110518a HCBOC Page 124 110518a HCBOC Page 125 110518a HCBOC Page 126 110518a HCBOC Page 127 110518a HCBOC Page 128 110518a HCBOC Page 129 110518a HCBOC Page 130 110518a HCBOC Page 131 110518a HCBOC Page 132 110518a HCBOC Page 133 110518a HCBOC Page 134 110518a HCBOC Page 135 110518a HCBOC Page 136 110518a HCBOC Page 137 110518a HCBOC Page 138 110518a HCBOC Page 139 110518a HCBOC Page 140 110518a HCBOC Page 141 110518a HCBOC Page 142 110518a HCBOC Page 143 110518a HCBOC Page 144 110518a HCBOC Page 145 110518a HCBOC Page 146 110518a HCBOC Page 147 110518a HCBOC Page 148 110518a HCBOC Page 149 110518a HCBOC Page 150 110518a HCBOC Page 151 110518a HCBOC Page 152 110518a HCBOC Page 153 110518a HCBOC Page 154 110518a HCBOC Page 155 110518a HCBOC Page 156 110518a HCBOC Page 157 110518a HCBOC Page 158 110518a HCBOC Page 159 110518a HCBOC Page 160 110518a HCBOC Page 161 110518a HCBOC Page 162 110518a HCBOC Page 163 110518a HCBOC Page 164 110518a HCBOC Page 165 110518a HCBOC Page 166 110518a HCBOC Page 167 110518a HCBOC Page 168 110518a HCBOC Page 169 110518a HCBOC Page 170 110518a HCBOC Page 171 110518a HCBOC Page 172 110518a HCBOC Page 173 110518a HCBOC Page 174 110518a HCBOC Page 175 110518a HCBOC Page 176 110518a HCBOC Page 177 110518a HCBOC Page 178 110518a HCBOC Page 179 110518a HCBOC Page 180 110518a HCBOC Page 181 110518a HCBOC Page 182 110518a HCBOC Page 183 110518a HCBOC Page 184 110518a HCBOC Page 185 110518a HCBOC Page 186 110518a HCBOC Page 187 110518a HCBOC Page 188 110518a HCBOC Page 189 110518a HCBOC Page 190 110518a HCBOC Page 191 110518a HCBOC Page 192 110518a HCBOC Page 193 110518a HCBOC Page 194 110518a HCBOC Page 195 110518a HCBOC Page 196 110518a HCBOC Page 197 110518a HCBOC Page 198 110518a HCBOC Page 199 110518a HCBOC Page 200 110518a HCBOC Page 201 110518a HCBOC Page 202 110518a HCBOC Page 203 110518a HCBOC Page 204 110518a HCBOC Page 205 110518a HCBOC Page 206 110518a HCBOC Page 207 110518a HCBOC Page 208 110518a HCBOC Page 209 110518a HCBOC Page 210 110518a HCBOC Page 211 110518a HCBOC Page 212 110518a HCBOC Page 213 110518a HCBOC Page 214 110518a HCBOC Page 215 110518a HCBOC Page 216 110518a HCBOC Page 217 110518a HCBOC Page 218 110518a HCBOC Page 219 110518a HCBOC Page 220 110518a HCBOC Page 221 110518a HCBOC Page 222 110518a HCBOC Page 223 110518a HCBOC Page 224 110518a HCBOC Page 225 110518a HCBOC Page 226 110518a HCBOC Page 227 110518a HCBOC Page 228 110518a HCBOC Page 229 110518a HCBOC Page 230 110518a HCBOC Page 231 110518a HCBOC Page 232 110518a HCBOC Page 233 110518a HCBOC Page 234 110518a HCBOC Page 235 110518a HCBOC Page 236 110518a HCBOC Page 237