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Home My WebLink About071519a Agenda PackageHARNETT COUNTY BOARD OF COMMISSIONERS County Administration Building 420 McKinney Parkway Lillington, North Carolina Regular Meeting July 15, 2019 6:00pm 1. Call to order -Chairman Gordon Springle 2. Pledge of Allegiance and Invocation -Vice Chairman Howard Penny 3. Consider additions and deletions to the published agenda 4. Oath of Harnett County District 2 Commissioner Mark B. Johnson 5. Consent Agenda A. Minutes B. Budget Amendments C. Tax rebates, refunds and releases D. Hamett Regional Water requests approval of a Resolution Adopting the 2018 Local Water Supply Plan for the Harnett Regional Water System. The State requires that public water systems adopt a plan every 5 years. E. Hamett County Emergency Services requests approval of the Applicant Disaster Assistance Agreement, which is a Memorandum of Agreement between Harnett County and the North Carolina Department of Public Safety, Division of Emergency Management, based on federal guidelines for reimbursement. The documents are required to provide the States 25% assistance (reimbursement) for the Public Assistance Program for Hamett County from the aftermath of Hurricane Florence. F. Hamett County Economic Development requests approval of the One North Carolina Local Government Grant Agreement and Company Performance Agreement with County of Hamett/Krigen Pharmaceuticals, LLC for $200,000. G. Hamett County General Services requests approval to reimburse tipping fees for Southeastern Construction in the amount of $3,866 for construction-demolition materials from the Shawtown School Building Renovation. H. Hamett County Sheriff's Office requests approval to accept two DSR Dash mounted radar units, approximate value of $400 each, awarded based upon the N.C. Governor 's Highway Traffic Safety Grant points system. I. Hamett County Sheriff's Office requests approval to accept canine equipment, valued at approximately $500, donated by the Never Forget 9-11 Foundation. J. Sheriff Coats is requesting that Deputy Klingman be allowed to purchase K-9 Dixie for $1 .00. K. Hamett County Emergency Services requests approval for Crains Creek Volunteer Fire Department to start a Medical First Responders Service in Hamett County beginning August 1, 2019. Page 1 of 4 071519 HCBOC Page 1 L. Harnett County Emergency Services requests approval for Benhaven Emergency Services to start a Medical First Responders Service in Harnett County beginning August 1, 2019. M. Harnett County JCPC request approval to submit Program Agreements for the NC Department of Public Safety JCPC for the following programs: Harnett County Restitution Program 4-H Teen Court and At Risk Youth Development Re-Entry Healthy Choices School Kids In Power (SKIP)-Dunn Police Athletic League N . Harnett Regional Water requests award of bid to Univar USA Inc., C & S Chemicals Inc., Oltrin Solutions Inc., Evoqua Water Tech., Brenntag Mid-South Inc., Southern States Chemical, Chemrite Inc., Donau Carbon US LLC, Amerochem Corporation, Cape Fear Water Solutions, Polytec Inc., and Water Guard Inc. for chemical supply contracts for the Harnett County Regional Water and Wastewater Treatment Plants for FY 2019/2020. 0. Public Disclosure: Resolution by the Harnett County Board of Commissioners in Support of Application for NC Department of Commerce Project Ace (Krigen) approved April 29, 2019. P. Public Disclosure: Resolution approved by the Harnett County Board of Commissioners on June 3, 2019 directing staff to schedule a public hearing to be conducted concerning a proposal to extend economic incentives to Krigen for its proposed location and operation of a pharmaceutical parenteral manufacturing facility in Harnett County. Q. Harnett County Development Services requests approval of the Town of Angier Building Inspection Services Agreement Contract Renewal for two years. R. County Attorney requests approval of the North Carolina Special Warranty Deed conveying, with conditional restrictions, County owned real property (1.14-acre tract) to Erwin Memorial Park, Incorporated, a North Carolina nonprofit corporation. S. County Attorney requests approval of the North Carolina Special Warranty Deed, in conjunction with the City of Dunn Council , conveying real property to the Trustees of Harnett Chapel Freewill Baptist Church. T. Harnett County Administration and Solid Waste request a waiver of tipping fees associated with Shawtown Community Cleanup scheduled July 19 -21, 2019. U. Administration requests approval of the Application for Public School Building Capital Fund North Carolina Education Lottery for Debt Services for $3,952,051. V. Harnett County Division on Aging requests approval to accept $722,464 in funding provided through the Home Care and Community Block grant and Agreement for the Provision of County-Based Aging Services. W. Harnett County Public Library requests approval of the NC Cardinal Memorandum of Agreement to continue the County's membership in the NC Cardinal consortium. X. Harnett County Emergency Services requests approval of Emergency Medical Services Agreements with the following : Anderson Creek Emergency Services Boone Trail Emergency Services Buies Creek Rural Fire Department Erwin Fire Department and Rescue Squad Page 2 of 4 Coats-Grove Fire and Rescue Benhaven Emergency Services Dunn Emergency Services 071519 HCBOC Page 2 Y. Harnett County Emergency Services requests approval of Fire Protection Services Agreements with the following: In-County Departments: Anderson Creek Emergency Services Angier & Black River Fire Department Flat Branch Volunteer Fire Department Erwin Fire Department and Rescue Squad Flatwoods/Lillington Fire Department Northwest Harnett Volunteer Fire Dept. Summerville Bunnlevel Fire & Rescue Out-of-County Departments Benhaven Emergency Services Boone Trail Emergency Services Coats-Grove Fire & Rescue Spout Springs Emergency Services Dunn Emergency Services Buies Creek Rural Fire Department Benson Fire Department Cypress Pointe Fire and Rescue Crains Creek Volunteer Fire Department Godwin-Falcon Fire Department West Johnson Fire Department Westarea Volunteer Fire Department Z. Administration requests approval of the Resolution of the Board of Commissioners of the County of Hamett, North Carolina, Authorizing the Execution and Delivery of a County Installment Financing Obligation and Providing for Certain Other Related Matters Thereto AA.IT (GIS/E-911) requests approval of the System Purchase Agreement, Software Support Agreement, IQ Subscription Service License and Use Agreement to upgrade our current TriTech Computer Aided Dispatch and Mobile Software to TriTech's new software platform called Inform CAD and Inform Mobile. This project will cost $497,588 and will take approximately 18-24 months to complete. 6. Period of up to 30 minutes for informal comments allowing 3 minutes for each presentation 7. Appointments 8 . Harnett County 4-H Youth Voice Delegate Ryan Helton 9. Update on the on-going Southwest Area Transportation Plan, Kenneth Withrow , CAMPO 10. Public Hearing: Proposed Text Amendment: Case # PLAN 1906-0002, Harnett County Unified Development Ordinance Text Amendment: Article IV: Zoning & Overlay Districts, Section 14.3.5 Compatibility Design Concept Table Article V : Use Regulations, Section 11.8.3 Planned Unit Development, Design Guidelines Article V : Use Regulations, Section 11.8.1 Planned Unit Development, Superior Design Criteria Article VII: Development Design Guidelines, Section 6.4.1 Fire Protection, General Fire Hydrant Requirements Article VII: Development Design Guidelines, Section 6.4.4 Fire Protection, Residential Sprinklers Article XIV: Definitions and Certifications, Section 2.0 General Definitions & Acronyms Page 3 of 4 071519 HCBOC Page 3 11. Hamett Regional Jetport Committee Update, Barry Blevins Following the update, Hamett County General Services requests approval of the Hamett Regional Jetport Committees' selection of Option 1 build elevation for the new terminal. 12. Designation of Voting Delegate to NCACC's 1121h Annual Conference-August 22-24, 2019 13. County Manager's Report -Paula Stewart, County Manager Sworn report by the Tax Administrator for the County of Hamett showing a list of unpaid taxes, as of June 30, 2018, constituting liens on real property and a list of unpaid taxes on personal property not constituting liens on real property and make settlement for the 2018 taxes. Hamett County Veteran Services Activities Report -June 2019 Hamett County Public Health Activities Summary -June 2019 Interdepartmental Budget Amendments 14 . New Business 15. Closed Session 16. Adjourn Page 4 of 4 071519 HCBOC Page 4 Agenda Item _4 __ Har nett ,.,,,...__.,, C O U N T Y ,..;...........-=---~-NORTH CAROLINA OATH OF COUNTY COMMISSIONER I , Mark B. Johnson, do solemnly swear (or affirm) that I will support the Constitution of the United States of America; so help me, God. I , Mark B . Johnson, do further solemnly swear ( or affirm) that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities, which are or may be established for the government thereof; and that I will endeavor to support, maintain, and defend the Constitution of the United States, to the best of my knowledge and ability; so help me, God. I, Mark B. Johnson, do further solemnly swear (or affirm) that I will well and truly e x ecute the duties of the office of County Commissioner according to the best of my skill and ability, according to law; so help me, God. Subscribed and Sworn before me this 15 1h day of July 2019. 0 . Henry Willis District Court Judge stro ng roots • new gro wt h Mark B. Johnson www.harnett.org 071519 HCBOC Page 5 Agenda Item 5A HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting June 17 , 2019 The Hamett County Board of Commissioners met in regular session on Monday, June 17, 2019, in the Commissioners Meeting Room, County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Members present: Member absent: Staff present: Gordon Springle, Chairman Howard Penny, Vice Chairman Barbara McKoy, Commissioner Joe Miller, Commissioner District 2 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 6:00 pm. Commissioner McKoy led the Pledge of Allegiance and invocation. Chairman Springle called for any additions or deletions to the published agenda. Mrs. Stewart requested seven additional budget amendments be added to the agenda for consideration. Vice Chairman Penny moved to approve the agenda as amended. Commissioner McKoy seconded the motion that passed 4-0. Commissioner McKoy moved to approve items on the consent agenda. Vice Chairman Penny seconded the motion, which passed 4-0. I. Minutes: June 3, 2019 Regular Meeting 2. Budget Amendments: 20 Information Tech Code 8909420 544050 8909420 390990 24 Department of Aging Code 1105160 532010 1105160 522010 1105160 532050 1105160 526010 1105160 532010 Software Maint. & Support Fund Balance Appropriated 245,584 increase 245,584 increase Postage Food Postage Office Supplies Postage 1 00 decrease 100 increase 150 decrease 150 increase 150 decrease June 17 , 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 1 of 13 071519 HCBOC Page 6 24 Denartment of Aging continued Code 1105160 531030 1105160 522010 1105160 526010 7 5 General Fund Code 1109800 598400 1103900 390990 148 Public Safety Code 21081301 567500 21081302 567500 21081304 567500 21081312 567500 21081316 567500 21081317 567500 21081318 567500 21081397 567500 2108100 300103 149 Public Safety Code 21081120 567700 21081301 567700 21081302 567700 21081304 567700 21081305 567700 21081306 567700 21081307 567700 21081308 567700 21081311 567700 21081312 567700 21081313 567700 21081316 567700 21081317 567700 21081318 567700 21081321 567700 21081323 567700 21081396 567700 21081397 567700 21081398 567700 21081399 567700 2108100 380892 Travel 1 50 increase Food 200 decrease Office Supplies 200 increase Transfer to Boone Trail CP 239,000 increase Fund Balance Appropriated 239 ,000 increase Ad Valorem -Motor Vehicle 8,749 increase Ad Valorem -Motor Vehicle 3 7 6 increase Ad Valorem -Motor Vehicle 796 increase Ad Valorem -Motor Vehicle 10,780 increase Ad Valorem -Motor Vehicle 3 ,243 increase Ad Valorem -Motor Vehicle 52 increase Ad Valorem -Motor Vehicle 4,848 increase Ad Valorem -Motor Vehicle 745 increase Ad Valorem Taxes -DMV 29,589 increase Sales & Use Tax 946 increase Sales & Use Tax 12,006 increase Sales & Use Tax 10,807 increase Sales & Use Tax 7 ,987 increase Sales & Use Tax 3,633 increase Sales & Use Tax 60,700 increase Sales & Use Tax 5,732 increase Sales & Use Tax 1,043 increase Sales & Use Tax 2 77 increase Sales & Use Tax 13,883 increase Sales & Use Tax 4,787 increase Sales & Use Tax 6,128 increase Sales & Use Tax 2,462 increase Sales & Use Tax 9,309 increase Sales & Use Tax 320 increase Sales & Use Tax 13 5 increase Sales & Use Tax 1,201 increase Sales & Use Tax 2,018 increase Sales & Use Tax 61 increase Sales & Use Tax 499 increase NC Sales Tax Special 143,934 increase June 17, 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 2 of 13 071519 HCBOC Page 7 150 Public Safety Code 21081120567100 21081301 567100 21081302 567100 21081304 567100 21081305 567100 21081306 567100 21081307 567100 21081308 567100 21081311 567100 21081312 567100 21081313 567100 21081316 567100 21081317 567100 21081318 567100 21081321 567100 21081323 567100 21081396 567100 21081397 567100 21081398 567100 21081399 567100 2108100 300101 151 Public Safety Code 21081120 567300 21081301 567300 21081305 567300 21081306 567300 21081307 567300 21081308 567300 21081312 567300 21081313 567300 21081316 567300 2108100 300201 178 AMPI Program Code 1104951 544000 1104951 380890 1104910 330310 1104951 330310 218 General Fund Code 109800 598500 1103000 300101 Ad Valorem Real -Current Ad Valorem Real -Current Ad Valorem Real -Current Ad Valorem Real -Current Ad Valorem Real -Current Ad Valorem Real -Current Ad Valorem Real -Current Ad Valorem Real -Current Ad Valorem Real -Current Ad Valorem Real -Current Ad Valorem Real -Current Ad Valorem Real -Current Ad Valorem Real -Current Ad Valorem Real -Current Ad Valorem Real -Current Ad Valorem Real -Current Ad Valorem Real -Current Ad Valorem Real -Current Ad Valorem Real -Current Ad Valorem Real -Current Ad Valorem Real Ad Valorem Real -Delq Ad Valorem Real -Delq Ad Valorem Real -Delq Ad Valorem Real -Delq Ad Valorem Real -Delq Ad Valorem Real -Delq Ad Valorem Real -Delq Ad Valorem Real -Delq Ad Valorem Real -Delq Ad Valorem Real -Delq Contracted Services Other Revenue-Homeowner Development Services -State AMP I-State Transfer to Capital Reserve Ad Valorem Taxes -Real 19,838 increase 84,414 increase 57,053 increase 40,868 increase 32 ,051 increase 87,254 increase 16 ,545 increase 25 ,601 increase 5,296 increase 132,728 increase 39,320 increase 54,335 increase 29,699 increase 140,750 increase 1,820 increase 3 ,783 increase 2,613 increase 2,345 increase 220 increase 888 increase 777,421 increase 739 increase 423 increase 2,846 increase 3 ,371 increase 384 increase 63 7 increase 2 ,410 increase 5 ,290 increase 1,775 increase 17,875 increase 4,000 increase 4,000 increase 10,000 decrease 10,000 increase 750,000 increase 750,000 increase June 17 , 2019 Regular Meeting Minutes Harnett County Board of Commissioners P age 3 of 13 071519 HCBOC Page 8 276 CTP AD -Trans12ortation Code 1104630 537010 Advertising 1104630 544000 Contracted Services 1104630 544000 Contracted Services -Misc. 1104630 526010 Materials & Supplies 1104630 531020 Travel Subsistence 1104630 5330 I 0 Electricity 1104630 533060 Sewer 1104630 533050 Water 1104630 503030 Supplemental Retirement 1104630 505050 Regular Retirement 1104630 506020 Dental Insurance 1104630 5060 I 0 Group Insurance Expense 1104630 507070 OPEB 1104630 505010 FICA 1104630 5070 l 0 Unemployment Benefits 1104630 507030 Worker's Compensation 1104630 502050 Longevity 1104630 502010 Salaries & Wages -Full Time 1104630 390510 Local Funding Source 1104630 330310 State Funding Source 291 General Fund Code 1109800 598400 lnterfund Transfer -Capital Project 1109800 599000 Contingency 292 Economic Develo12ment Capital Project -Brightwater Phase II Code 4404930 552000 Construction 4403900 390981 Interfund Transfer -General Fund 340 HC Workforce Develo12ment Code 2404970 502050 Longevity 2404970 507030 Worker 's Compensation 2404970 504010 Travel Adm. 2404970 533010 Utilities 2404970 544000 Contracted Services 2404970 532010 Telephone & Postage 2404970 549085 Indirect Cost 2404970 526010 Materials & Supplies 2404970 539090 Part Cost 2404970 504010 Part Travel 2404970539090 Support Svc 2404970 531050 Auth. 2404970 531090 ITA 2404970 502090 PDWEP 2404970 330210 FedHDW 1 00 increase 1 ,244 increase 72 increase 2, 1 91 increase 500 increase 500 increase 25 increase 50 increase 252 decrease 1,020 decrease 1 86 decrease 1,639 decrease 19 decrease 1,006 decrease 64 decrease 443 decrease 4 increase 13, 149 decrease 27,846 increase 40,938 decrease 61 ,051 increase 61,051 decrease 61,051 increase 61,051 increase 10 decrease 125 decrease 440 decrease 79 decrease 3 00 decrease 400 decrease 116 decrease 3 increase 612 increase 2,306 increase 264 increase 2,000 increase 1,078 increase 3,898 increase 8,691 increase June 17, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 13 071519 HCBOC Page 9 1025 Youth Services Code 1105870 502010 1105870 502020 1105870 502050 1105870 203030 1105870 5050 I 0 1105870 505050 I I 05870 506010 1105870 506020 1105870 507010 1105870 507030 1105870 507050 I I 05870 507070 1105870 544000 1105870 526010 1031 Cooperative Extension Code 1104995 528010 1103900 390990 Salaries & Wages Full Time Salaries & Wages Part Time Longevity Supplemental Retirement FICA Regular Retirement Group Insurance Dental Insurance Unemployment Worker's Compensation Employee Clinic OPEB Contracted Services Materials & Supplies 4-H Program Appropriated Funds 3 41 decrease 2,560 decrease 455 increase 297 increase 13 5 decrease 1,579 increase 906 increase 12 decrease 3 1 7 decrease 8 04 decrease 8 increase 125 increase 50 increase 67 increase 5,000 increase 5,000 increase 3. Tax rebates, refunds and releases 4. Resolution to Honor Commissioner Abe Elmore For His Dedicated Service to Harnett County and Its Citizens (Attachment 1) 5. Administration requested approval of a School Resource Officer Program Memorandum of Understanding (MOU) between the Harnett County Board of Commissioners, Harnett County Board of Education and Harnett County Sheriffs Office related to the provision of School Resource Officers in the County's public school system. The MOU outlines the responsibilities and expectations of all parties involved. 6. Administration requested approval of a School Resource Officer Program Reimbursement Agreement for Elementary and Primary Schools between the Hamett County Board of Commissioners and Harnett County Board of Education related to the provision of School Resource Officers in the County's non-municipal Elementary and Primary schools. This reimbursement address funds the Board of Commissioners agreed to provide during the 2018-2019 fiscal year. 7. Administration requested approval of a renewal of School Resource Officer Program Memorandum of Understanding (MOU) between the Harnett County Board of Commissioners, Hamett County Board of Education and Hamett County Sheriffs Office related to the provision of School Resource Officers in the County's public school system. The MOU outlines the responsibilities and expectations of all parties involved. This renewal covers the period from July 1, 2019 to June 30, 2020. June 17, 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 5 of 13 071519 HCBOC Page 10 8. Harnett County General Services requested approval of an agreement between the County of Harnett and Pusser Aviation to operate a Special Aviation Service Organization (SASO) to provide maintenance activities at the Harnett Regional Jetport. This is a five years agreement with Pusser Aviation providing an annual payment of $900. 9. Harnett County Attorney requested approval of the Resolution By The Hamett County Board of Commissioners To Convey County Owned Real Property To Erwin Memorial Park, Inc. (Attachment 2) 10. Harnett County Attorney requested approval of the Joint Resolution By The Harnett County Board Of Commissioners And The City Of Dunn Council To Sell Real Property (Attachment 3) 11 . Sheriff Wayne Coats requested approval of Resolution to award a Glock Model 1 7 9mm, Serial number BGYD470, service weapon to Captain Timothy H. Lloyd upon his retirement. (Attachment 4) 12. Harnett County General Services requested approval of the Project Ordinance for the Former Boone Trail Elementary School Demolition Project. The former Boone Trail Elementary School was condemned and anticipated expenses for this project are $239,000 to be funded by the General Fund. (Attachment 5) 13 . The Harnett County Fire Marshal requested approval of the Town of Lillington's Fireworks Permit Application for July 4 , 2019. 14. Harnett County Cooperative Extension requested approval to accept the 2019-2020 Adolescent Parenting Grant for $78,000 from the NC Department of Health and Human Services Department in support of the Teen Pregnancy Prevention Initiative. The local in-kind match of$26,000 includes Office space for APP Program Specialist, APP Library Space and Extension Director's Supervision -5% of Salary. 15. Harnett County Economic Development requested award of bid for the Brightwater Construction Project in the amount of 886,551 to Fred Smith Company, Raleigh, NC . This project consist of the construction of approximately 540 linear feet of roadway to extend Brightwater Drive to included associated storm drainage and gravity sewer. This project will be funded jointly by the Golden Leaf Foundation grant and HCDPU reserves. (Attachment 6) 16. Harnett County General Service requested award of bid for the County of Harnett Cleaning Services Contract to OMNICO for $762 ,924.00 for 3 years, July 1, 2019 -June 30, 2022. OMNICO, who was not the lowest bidder, was selected based on a consensus among user departments and their performance during the last three years. Also, the lowest bidder did not attend the facility walk-thru. (Attachment 7) June 17, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 13 071519 HCBOC Page 11 17. Hamett County General Services requested award of bid for the County of Harnett Elevator Services Contract to ThyssenKrupp Elevator for $51,630.00 for 3 years, July 1, 2019 -June 30, 2022. ThyssenKrupp Elevator, who was not the lowest bidder, was selected because of their performance during the last three years. The lowest bidder had difficulties repairing an elevator during the walk-thru inspection. (Attachment 8) 18. Hamett County General Services requested award of bid for the County of Harnett Fire Extinguisher Services Contract to Allied Fire & Safety for $12,100.00 for 3 years, July 1, 2019 -June 30, 2022. Allied Fire & Safety were the only responsive, responsible bidder taking into consideration quality, past performance, and time specified for performance of the contract. 19. Hamett County General Services requested award of bid for the County of Harnett Generator Services to KB Power Systems, LLC Contract for $22,944.00 for 3 years, July 1, 2019 -June 30, 2022 . KB Power Systems, LLC, who was not the lowest bidder, was selected because of their previous performance and response times with Hamett Regional Water during storm events. (Attachment 9) 20. Hamett County General Services requested award of bid for the County of Hamett HV AC Services Contract to Johnson Controls, Inc. for $713,590.00 for 3 years, July 1, 2019 -June 30, 2022. Johnson Controls, Inc., who was not the lowest bidder, was selected due to their previous performance, which exceeded expectations; response to unscheduled maintenance, historical knowledge of equipment on hand (boilers, chillers, etc.) and immediate delivery on contract requirements. (Attachment 10) 21. Hamett County General Services requested a ward of bid for the County of Harnett Pest & Fire Ant Control Services Contract to Holloman Exterminators, Inc. for $82,440.00 for 3 years, July 1, 2019 -June 30, 2022 . Holloman Exterminators, who was not the lowest bidder, was selected because they are familiar with County facilities , their ability to respond to requests, they are a previous contract holder and history of company. (Attachment 11) Chairman Gordon Springle presented Mrs. Jackie Elmore and family with a Resolution to Honor C ommissioner Abe Elmore For His Dedicated Service to Hamett County and Its Citizens. C ommissioners also presented the family with a Hamett County plaque. Chairman Springle opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. The following citizens addressed the Board regarding their concerns over trash and debris piled up on personal property in the Shawtown area: Mary Murchison Ross who own 49 Patterson Road in Lillington Beatrice Bailey Hill of 451 Joel Johnson Road in Lillington Citizens said they understand that the Shawtown area is located within Lillington 's ETJ. Chairman Springle responded that Ass istant County Manager Coley Price and Lillington Town Manager Joseph Jeffries are currently working on this issue. June 17 , 2019 Regular Meeting Minutes Hamett C ounty Board of C ommissioners P age 7 of 13 071519 HCBOC Page 12 Commissioner Miller moved to approve the appointment listed below. Vice Chairman Penny seconded the motion that passed 4 -0. Adult Care Home Community Advisory Committee Kathy Farley was appointed to serve on this committee for a term of one year expiring June 30, 2020. Agricultural Advisory Board L.D. Black and C.H. Johnson were reappointed to serve on this board for a term of three years each expiring July 1, 2022. District H Tourism Authority Ilia Smimov was reappointed to serve on this authority for an additional three-year term expiring June 30, 2022. Hamett County Economic Development Council Pat Godwin was reappointed to serve on this board for a term of two years expiring June 30, 2021. Social Services Board Eric Thornton was reappointed to serve on this board for a term of three years expiring June 30, 2022. Triangle South Workforce Development Board Kevin Bolyard was reappointed to serve on this Board of an additional four-year term expiring June 30, 2023. Mrs. Honeycutt presented the following additional budget amendments for consideration; noting they were end-of-year clean-up amendments, for consideration: 650 Education Department Code 1105910 601012 Current Expense -Other 234,370 increase 1103900 390990 Fund Balance Appropriated 234,370 increase Explanation: To budget an allocation to the schools to reimburse for School Security Officers in the elementary and primary schools while the County transitions to funded School Resource Officers in all schools. 652 General Fund Code 1104120 502010 1104160 502010 1104210 502010 1104250 502010 1104610 502010 1104630 502010 1104230 502010 1104270 502010 Administration Salaries & Wages Human Resources Salaries & Wages General Services Salaries & Wages Fleet Services Salaries & Wages Transportation Salaries & Wages Transportation Admin Salaries & Wages Facilities Maintenance Salaries & Wages IT Salaries & Wages 10,432 increase 486 increase 534 increase 2,036 increase 5,804 increase 3,725 increase 1,454 increase 5,432 increase June 17, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 8 of 13 071519 HCBOC Page 13 652 General Fund continued Code 1104290 502010 GIS Salaries & Wages 601 increase 1104310 502010 Sheriff Salaries & Wages 72,054 increase 1104330 502010 Campbell Deputies Salaries & Wages 1,181 increase 1104350 502010 SRO Salaries & Wages 16,243 increase 1104370 502010 Child Support Enforcement Salaries 2,215 increase 1104390 502010 Jail Salaries & Wages 254 increase 1104570 502010 Sheriff Communications Salaries 10,229 increase 1104410 502010 Emergency Services Salaries & Wages 27,244 increase 1104450 502010 Emergency Medical Services Salaries 250,000 increase 1104510 502010 Animal Control Salaries & Wages 1,381 increase 1104512 502010 Animal Shelter Salaries & Wages 406 increase 1104710 502010 Soil & Water Salaries & Wages 416 increase 1104930 5020 IO Economic Development Salaries & Wages 511 increase 1105160 502010 Department on Aging Salaries & Wages 1,365 increase 1105160 502010 Family Caregiver Support Salaries 276 increase 1105160 502010 CAP Salaries & Wages 1,551 increase 1105110 502010 Health Salaries & Wages 26,955 increase 1105310 502010 Social Services Salaries & Wages 75,924 increase 1105810 50010 Veterans Services Salaries & Wages 2,564 increase 1106170 502010 Library Salaries & Wages 506 increase 1106110 502010 Parks & Recreation Salaries & Wages 1,070 increase 1103800 380850 Insurance Settlement 337,312 increase 1103900 390990 Fund Balance Appropriated 185,537 increase Explanation: To budget Salaries & Fringes associated with Hurricane Florence. Also to appropriate Fund Balance to cover staff shortages due to turnover. 654 Public Utilities Code 6107111 502010 Public Utilities Salaries & Wages 8,086 increase 6107113 502010 Public Utilities Treatment Salaries 23,207 increase 6107115 502010 Public Utilities Wastewater Treatment 17,681 increase 6107117 502010 Public Utilities South Hamett Salaries 19, 166 increase 6107119 502010 Public Utilities Distribution Salaries 29,010 increase 6107121 502010 Public Utilities Collections Salaries 22,047 increase 6103 800 3 80850 Insurance Settlement 119, 1 97 increase Explanation: To budget Salaries & Fringes associated with Hurricane Florence. 657 Public Safety Code 2108309 380850 Governor 's Highway Safety Salaries 332 increase 2108309 380850 Insurance Settlement 332 increase Explanation : To budget Salaries & Fringes associated with Hurricane Florence 663 Employee Clinic Code 8309302 502010 Employees Clinic Salaries & Wages 1,233 increase 8303800 380850 Insurance Settlement 1,233 increase Explanation: To budget Salaries & Fringes associated with Hurricane Florence June 1 7 , 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 9 of 13 071519 HCBOC Page 14 670 Solid Waste Code 6607410 502010 Solid Waste Salaries & Wages 6 ,555 increase 6603500 380850 Insurance Settlement 6,555 increase Explanation: To budget Salaries & Fringes associated with Hurricane Florence 672 Sheriff Department Code 1104350 547090 Allocation 555 ,047 increase 1103900 390990 Fund Balance Appropriated 555,047 increase Explanation: To budget an allocation to the towns for the reimbursement of School Resource Officers in the County elementary and primary schools while the County transitions to funded School Resource Officers in all schools. Vice Chairman Penny moved to approve the additional budget amendments as presented. Commissioner McKoy seconded the motion that passed 4 -0. Angie Stewart, with Harnett County Economic Development, petitioned the Board for a public hearing regarding the 2019-2020 economic development appropriation. This public hearing is required in accordance with N.C. General Statute§ 158-7.1. Mrs. Stewart stated the total expenditure budget for economic development matters is $660,974. She noted of that amount, one specific incentive of $352,000 is to be paid per the previously adopted Economic Development Incentive Grant Agreement with Rooms To Go Distribution center. Mrs. Stewart detailed the proposed budget that includes $94,000 for product development and business attraction . There is also a continued deferment of $100,000 reduced land purchase pursuant to the previously adopted Economic Development Incentive Agreement with Treybum Realty, LLC (Quick Lane Tire & Auto Center). 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 Miller moved to approve the 2019-2020 economic development appropriation as presented. Vice Chairman Penny seconded the motion that passed 4-0. Mrs . Stewart petitioned the Board for a public hearing on the proposed budget for Harnett County for the fiscal year beginning July 1, 2019, including the HRW Department of Public Utilities Water and Sewer Ordinance. Mrs. Stewart reviewed the following changes, totaling $416,481 , made to the proposed budget since it was presented to the Harnett County Board of Commissioners on May 29, 2019: E d" h xpen Iture c ant?:es: Overall expenditure change Detailed Changes: Board of Education -additional funding for charter schools 2nd month ADM of 581 students instead of 232 (349 x $1141.29=$398,311) 5/29/2019 6/17/2019 D"ff, l erence $126,346,773 $126,763,254 $416,481 $ $ $ 24,282,292 24,680,603 398,311 June 17 , 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 10 of 13 071519 HCBOC Page 15 Expenditure chan2es: 5/29/2019 6/17/2019 Difference lnterfund Transfers -3 months of funding for $ $ $ the Assistant District Attorney position 15,196,110 15,214,280 18,170 $ 416,481 Revenue changes: $ $ $ Overall revenue change 126,346,773 126,763,254 416,481 Detailed Changes: Intergovernmental Revenue -decreased due to change in funding formula for capital outlay funds for Board of Ed from $944,507 to $1,021,528 to hold them harmless (from $ $ $ lottery funds) 21 ,036,101 20,959,080 (77,021) Fund Balance appropriation -increased due to added expenditures listed above with no $ $ $ corresponding increase in revenue 1,921,649 2,415,151 493,502 $ 416,481 Commissioner McKoy asked that the A ssistant DA position be funded by the County through December 31 , 2019 instead of the 3 months included in the budget. Commissioner Miller expressed concern using $2,433,321 from the General Fund to balance the budget. Mrs. Stewart said different counties have different metho dologies of balancing their budgets and sta ff feels comfortable d oing it this way since the County has excess fund balance. Mrs. Stewart also noted other changes after the initial presentation included : 1. Duke (Erwin) Fire District tax levy increase up 1 cent instead of 1/2 cent (0.085 to 0.095) 2. Spout Springs Fire Di s trict tax levy increase up 2 cents instead of 1 (.10 to .12) 3. Assistant DA Position funded for 3 months 4. County Manager is granted authority to execute any contract below the $500,000 formal construction bid amount. 5. I will be bringing an amendment to the P ersonnel Ordinance for the Board to consider granting 3 days bereavement leave to full-time employees . 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. Vice Chairman Penny moved to approve the proposed budget for Hamett County for the fiscal year beginning July 1, 2019, including the HRW Department of Public Utilities Water and Sewer Ordinance, as presented including the additional funding for the Assistant DA Position. Commissioner McKo y seconded the motion that passed 3 -I with Commissioner Miller opposmg. June 17, 2019 Regular Meeting Minutes Hamett County Bo ard of Commiss ioners P a ge 11 of 13 071519 HCBOC Page 16 Debbie Taylor, with Harnett County Economic Development , petitioned the Board for a public hearing concerning a proposed agreement to extend economic incentives to Krigen Pharmaceuticals LLC, a North Carolina Limited Liability Company (Krigen) which intends to lease , upfit and reuse that plant building located at 800 Edwards Brothers Drive, Lillington, Hamett County, NC 27546 for the operation of a pharmaceutical parenteral manufacturing facility. Mrs. Taylor reviewed the proposed economic incentive package to include five annual incentive grants to be paid to Krigen from any available fund sources of the County, which will be calculated to be in amounts equal to a portion of the property taxes to be paid by Krigen, assuring a positive return on investment for the County. The County will also reimburse Krigen's water and sewer fees up to a maximum of $25,000 .00 over several years. This facility project site will include a capital investment of approximately $4.6 million. During the five (5) year incentive period, one hundred seventeen (11 7) full time jobs with an average annual wage of $47,479.00 will be created as a result of the operation of this manufacturing facility . Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. Daruv Patel, CFO with Krigen, thanked the Board and staff. Seeing no one else move, Chairman Springle closed the public hearing. Commissioner Miller moved to approve the Resolution To Enter Into An Incentive Agreement With Krigen Pharmaceuticals LLC. Commissioner McKoy seconded the motion that passed 4-0. (Attachment 12) Mrs. Stewart presented the following reports: Harnett County Public Health Activities Summary -May 2019 Hamett County Veteran Services Activities Report -May 2019 Harnett County Schools Financials -April & May 2019 Interdepartmental Budget Amendments Chairman Springle called for any new business. Vice Chairman Penny moved to accept the Hamett County Republican Party's se lection of Mark Johnson of Dunn as the new 2nd District Commissioner. Commissioner Miller seconded the motion, which passed 4 -0. Commissioner McKoy moved that the Board go into closed session for the following purposes: 1) To discuss certain personnel matters in a joint closed session with the Harnett County Board of Social Services; and 2) Consultation with the County's legal staff in order to preserve the attorney-client privilege concerning the handling of certain litigation, namely a. PN Development, LLC vs Harnett County Harnett County File No. 19 CVS 968; and 3) To discuss certain personnel matters. This motion is made pursuant to N.C. General Statute Section 143-318.11 (a)(6)&(3). Vice Chairman Penny seconded the motion that passed 4-0. Vice Chairman Penny moved that the Board come out of closed session. Commissioner McKoy seconded the motion that passe d 4 -0. June 17, 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 12 of 13 071519 HCBOC Page 17 Fo1lowing closed session, Commissioner Miller moved to approve a $35,000 retainer to Fox Rothschild. Commissioner McKoy seconded the motion, which passed 4 -0. Commissioner Miller moved to adjourn the meeting at 7:49 pm. Vice Chairman Penny seconded the motion that passed 4 -0. Gordon Springle, Chairman I t • t a 4 •••• ' ' Margaret Regina Wheeler, Clerk • f •• . . . . . . ~ June 17, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 13 of 13 071519 HCBOC Page 18 ATTACHMENT 1 A RESOLUTION TO HONOR COMMISSIONER ABE ELMORE FOR HIS DEDICATED SERVICE TO HARNETT COUNTY AND ITS CITIZENS WHEREAS , William Pemon "Abe" Elmore was born in Sampson County on October 8, 1932, the son of Pemon Washington and Ramsey Core Elmore, and passed away on May 19, 2019, at age 86; and WHEREAS , after graduating from Dunn High School in 1951 , Abe went to Wake Forest University where he worked his way through college by serving as the Head Equipment Manager for the football team and became the first non-athlete to be elected President of the Monogram Club; and WHEREAS, Abe graduated in I 955 with a degree in Business Administration and a lifelong love of the Demon Deacons , then returned to Dunn to begin a successful career in the furniture business which spanned more than six decades; and WHEREAS, in addition to his business acumen, Abe possessed a strong sense of civic duty, which led him to take an active role in the affairs of the City of Dunn, Hamett County and the State of North Carolina, serving as a U.S. Commissioner from 1960 to 1971; as a member of the Governor's Economic Development Board under Governor Jim Martin from 1985 to 1993 ; a s Mayor of Dunn from 1971 to 1 983 and from 1995 to 1999; and as a Hamett County Commissioner from 2014 until 2019, representing District 2; and WHEREAS, Abe was a tireless champion for the City of Dunn and Hamett County, both as a businessman and as a public servant, volunteering his time and expertise in service to numerous civic organizations including the Dunn Kiwanis Club, where he had perfect attendance for 55 years; the Dunn Area Chamber Commerce, of which he was an active member for more than 60 years; the Dunn Shrine Club, where he was a member for more than 50 years and served as a Trustee and Treasurer; the Downtown Organization for Revitalization, serving as President and spearheading the campaign to raise money for the renovation of the Stewart Theater; the Betsy Johnson Hospital Board; and the Harnett County Properties Corporation; and WHEREAS, Abe wa s instrumental in the founding of the Dunn Committee of 100 and was responsible for converting the former Magnolia School in Dunn into the Triangle South Enterprise Center, which is the second oldest business incubator in North Carolina, and over the last 30 years has contributed to the creation of more than 150 new businesses and nonprofits, and nearly 2,500 jobs, and manages a small business lending program with approximately $10 million available to assist entrepreneurs locally and across the State; and WHEREAS, Abe served as a trustee for the Baptist Children 's Homes of North Carolina for 43 years, and was a charter member of Westfield Baptist Church, where he and his wife, Jackie, attended since 1961 and where Abe served as a Deacon and Treasurer; and 071519 HCBOC Page 19 WHEREAS, Abe received numerous recognition s and honors throughout his life including the Charlie Taylor award from the N .C. Technical Development Authority in I 990, the Order of the Long Leaf Pine in I 990, the Distinguished Citizen Award from the Boy Scouts of America, the Baptist Heritage Award from the Baptist Children 's Homes of North Carolina in 2003 , and the M.H. "Jack" Brock Memorial Award in 20 I 8 from the Mid-Carolina Council of Governments; and he was named Dunn Man of the Year in I 966 and 2008; and WHEREAS, Abe was elected to two term s as a Hamett County Commissioner and in that role was dedicated to providing quality services to residents while keeping a watchful eye on the County 's budget to ensure responsible stewardship of taxpayer funds ; and WHEREAS, the accomplishments above represent a sma ll portion of Abe's contributions to the community he called home -Abe spent his life creating opportunity for others and bringing resources, jobs and prosperity to Hamett County and beyond ; and WHEREAS, even more important to Abe than his many c1v1c , political and business accomplislunents was his family -he married Jackie Campbell on Christmas Day, 1953 , and the couple had four children, JO grandchildren and 20 great-grandchildren (with number 21 on the way); and WHEREAS, Hamett County is a better place and the lives of its residents have been enhanced because of Abe Elmore ; and NOW, THEREFORE, BE IT RESOLVED, that the Hamett County Board of Commissioners does hereby express sincerest gratitude for the life and service of Harnett County Commissioner Abe Elmore and for his many contributions for the bettennent of Hamett County; the Board further extends to Jackie Elmore, her children, grandchildren and great-grandchildren its gratitude for sharing Abe with Harnett County, and deepest sympathy for their loss. Duly adopted this the 1?111 day ofJune 2019. Harnett County Board of Commissioners 071519 HCBOC Page 20 ATTACHMENT 2 RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS TO CONVEY COUNTY OWNED R EAL PROPERTY TO ERWIN MEMORIAL PARK, INC. THAT WHEREAS, ERWIN MEMORIAL PARK, INC. is a non-profit corporation created under the law s of North Carolina whose public purpose is to create and provide at a reasonable cost, and in certain cases at a charitable cost, cemetery plots and services for residents of Erwin, NC and the surrounding area of Hamett County; and WHEREAS, Hamett County is the owner of a vacant real property tract located north of and contiguous to the Erwin Memorial Park Cemetery property which is more particularl y described as follows: BEING all of Tract 2 composed of 1.14 acres as shown on that map entitled, "Recombination Survey for: Erwin Memorial Park" dated November 12 , 2014 by Andrew H. Joyner, PLS which is recorded in Map Book 2014, Page 354, Hamett County Registry. The above described tract is a portion of that real property conveyed to the County of Hamett designated as Tract II in that deed from the Town of Erwin recorded in Book 2590, Page 723, Hamett Co unty Registry; and WHEREAS, Erwin Memorial Park, Inc. has made a request to the Hamett County Board of Commissioners for assistance in fulfilling it s public purpose for the citizens of Hamett County; that the County Board of Commissioners recognizes Erwin Memorial Park, Inc.'s long and distinguished service; and WHEREAS, the Hamett County Board of Commissioners has made the determination pursuant to the provisions of N.C. General Statutes §160A-279 and §160A-267 to donate and convey the County's title interest in the above described real property tract as an appropriation to Erwin Memorial Park, Inc. for carrying out its public purpo se. NOW, THEREFORE, the Hamett County Board of Commissioners hereb y resolves the following: 1. That the Hamett County Board of Commissioners hereb y recognizes and determines that Erwin Memorial Park, Inc., a N.C. non-profit corporation, carries out a public purpose and is a viable and deserving private entity to which the County is authorized to appropriate the transfer of real property. 2. That the Chairman of the Hamett County Board of Commissioners i s hereb y authorized to convey by Special Warranty Deed with conditions to Erwin Memorial Park, Inc., a N.C. non-profit corporation, Hamett County's title interest in that vacant real property lot prev iously described in this Resolution in exchange for no monetary consideration. 071519 HCBOC Page 21 3. That pursuant to N.C. General Statutes § l 60A-279 and § 160A-267, a notice summarizing the contents of thi s Resolution shall be published once with the conveyance to be consummated no sooner than IO days after the notice publication date. This Resolution is duly adopted at the regular meeting for the Hamett County Board of Commissioners on Monday Awyl 7, 2019. J''4.ne HARNETT COUNTY BOARD OF COMMISSIONERS ATTESTED: 071519 HCBOC Page 22 ATTACHMENT 3 JOINT RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS AND THE CITY OF DUNN COUNCILTO SELL REAL PROPERTY THAT WHEREAS, Hamett County and the City of Dunn are the owners of a 50 foot x 150 foot real property tract located on East Edgerton Street in the City of Dunn, Hamett County, NC 28334. This tract was conveyed to Hamett County and the City of Dunn in that Deed recorded in Book 1247, Page 332, Hamett County Registry with Parcel ID No. 02151608470027;and WHEREAS, the Trustees of the Hamett Chapel Freewill Baptist Church (Hamett Chapel) have made an offer to Hamett County and the City of Dunn to purchase said real property tract for the purchase price of $5,250.00 pursuant to the negotiated offer, advertisement and upset bid procedure set forth in N.C. Gen. Stat. § 160A-269; that the Hamett County Board of Commissioners and the City of Dunn Council have considered this offer and they desire through this Resolution to propose to accept the offer on the condition that Hamett Chapel pay a 5% deposit ($267.50) and that the further requirements ofN.C. Gen. Stat.§ 160A-269 are met. NOW THEREFORE, BE IT RESOLVED that the Hamett County Board of Commissioners and the City of Dunn Council pursuant to the provisions of N.C. Gen. Stat. § I 60A-269 do hereby propose to accept the offer by the Trustees of the Hamett Chapel Freewill Baptist Church to purchase that 50 foot x 150 foot real property tract (Parcel ID No.: 02151608470027) upon its deposit of 5% of the offered price ($267.50) and subject to any upset bids received after publication of Harnett Chapel's offer pursuant to the aforementioned statute. BE IT FURTHER RESOLVED that the County and City attorneys will insure the compliance with the sale provisions of N.C. Gen. Stat. § 160A-269 and will provide to the Board and Council a proposed Special Warranty Deed at such time that a final bid has been received and accepted for said real property. Adopted this the 17th day of June, 2019. HARNETT COUNTY BOARD OF COMMISSIONERS By:~ Goun~"" ATTEST: 071519 HCBOC Page 23 Adopted this the I \"day of June, 2019. ,,,,1111111,,,, ,,, \1Y 0,: ,,, ,, /, C, ......... I)/.',, ,'~.v .. . v: , ' . . , .. ;..:_.· ··~,:. f /c,ORPOR,4i\ ~ : : e:...-.z, : = -. : - CITY OF DUNN COUNCIL BY:~4./~- scarN.Harris,MJyor 071519 HCBOC Page 24 ATT ACHMENT 4 NORTH CAROLINA HARNETT COUNTY RESOLUTION THAT, WHEREAS , Timothy Howard Lloyd, began his Harnett County Law Enforcement career on March 26th 1999 ; and WHEREAS , after 20 years of distinguished service to Harnett County, Timothy Howard Lloyd will retire ; and WHEREAS, according to North Carolina General Statute 14-402 and 14-409 .1 , proper permits have been obtained (as attached) in order to receive the side arm. NOW, THEREFORE , BE IT RESOLVED by the Harnett County Board of Commissioners that Timothy Howard Lloyd be awarded the following service side arm for one dollar ($1.00). Glock Model 17 9mm, Serial# BGYD470 . --J 7 #-. day of Duly adopted thjs _;:ft_,,,_.___.,u1-'n ....... e...__~-' 2o_l!j_. HARNETT COUN TY BOARD OF COMMISSIONERS C ATTEST: 071519 HCBOC Page 25 '.\ PERMIT TO PURCHASE/REC/EVE A HANDGUN State of North Carolina HARNETT County Permit Number 201906040001 I, WAYNE COATS Sheriff of said county, do hereby certify that I have conducted a criminal background check of the applicant, TIMOTHY HOW ARD LLOYD, whose place of residence is ill E F ST,. ERWIN,~ 28339-,in HARNETT County; North Carolina and have received no information to indicate that it would be a violation of the State or Federal law for the applicant to purchase, transfer, receive or possess a handgun. The applicant has further satisfied me as to his, her (or) their good moral character. Therefore, a permit is issued to TIMOTHY HOW ARD LLOYD to purchase one pistol from any person, firm or corporation authorized to dispose of the same. This permit expires five years from its date of issuance listed below. Issued this 04 day of June. 2019 Expire the 04 day of June. 2024 # Sheriff of HARNETT County 071519 HCBOC Page 26 ATTACHMENT 5 HARNETT COUNTY PROJECT ORDINANCE FORMERBOONETRAILELEMENTARYSCHOOL DEMOLITION PROJECT BE IT ORDAINED by the Board of Commissioners of Hamett County, North Carolina, sitting as the governing board for Hamett County. Section I. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. The County of Harnett is interested in demolishing the declared condemned former Boone Trail Elementary School, located at 8500 Old U.S . 421 , Lillington, North Carolina. The officers of this unit are hereby directed to proceed with the capital project within the terms of the grant documents, loan documents, and the budget contained herein. The following amounts are hereby appropriated for this project: Former Boone Trail Demolition Project Demolition Environmental Clearing Asbestos Monitoring Total $ 225,000 $ 12,000 $ 2,000 $ 239,000 The following revenues are anticipated to be available to complete this project: General Fund $ 239,000 The Finance Officer is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy the requirements of the grantor agency, the grant agreements, and federal regulations. Funds may be advanced from the General Fund for the purpose of making payments as due. Reimbursement request should be made to the grantor in an orderly and timely manner. The Finance Officer is directed to report, on a quarterly basis, on the financial status of each project element in Section 3 and on the total grant revenues received or claimed. The Budget Officer is directed to include a detailed analysis of past and future costs and revenues on this capital project in every budget submission made to this Board. Section 9. Copies of this capital project ordinance shall be furnished to the Clerk to the Governing Board, and to the Budget Officer and the Fin ce Officer for direction in canying out this project. y Duly adopted this _t/_ ~ay of :t, 11'\e, 20 I 9. ATfEST~·-:/...-..!.~::l&'..ll~_c~ip,d!1&!~~~""""\,.,IV"l to the Boaro, Harnett County Board of Commissioners 071519 HCBOC Page 27 ATTACHMENT 6 BRIGHTWATER DR EXT: PHASE 2A BID TAB Bid Date· June 3 2019 T2 Construction Highland Paving Fred Smith Company Item No. Item Description Unit Est.Quan. Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 1 Construction Entra nce EA 1 $ 3.800.00 $ 3 .800.00 $ 2,150.00 $ 2.150.00 $ 5.406.00 $ 5.406.00 2 Combination Silt/Tree Protection Fence LF 1.200 $ 7.00 $ 8 .400.00 $ 4 .00 s 4.800.00 $ 2.60 $ 3,120.00 3 Temoorarv Diversion Ditch/Swale LF 950 $ 9.00 $ 8.550.00 $ 3.00 $ 2.850.00 $ 6.00 $ 5.700.00 4 Rip ~p 22" Thick Class B w/ Filter Fabric SY 125 $ 90.00 $ 11.250.00 $ 65.00 $ 8,125.00 $ 85.00 $ 10.625.00 5 Inlet Protection EA 11 $ 550.00 $ 6 .050.00 $ 200.00 $ 2.200.00 $ 470.00 $ 5.170.00 6 Temoorarv Seedin" and MulchinP: AC 2 $ 1,800.00 $ 3,600.00 s 2.100.00 $ 4.200.00 $ 3,900.00 s 7.800.00 7 SCM Conversion LS 1 $ 60,250.00 $ 60.250.00 $ 35.000.00 $ 35.000.00 $ 50,000.00 $ 50,000.00 8 Erosion Control Mai ntenance LS 1 $ 2.500.00 $ 2.500.00 $ 5.000.00 s 5,000.00 $ 30.000.00 $ 30,000.00 9 Martini! SY 50 s 15.00 $ 750.00 s 4.00 s 200.00 $ 2.40 $ 120.00 10 Silt Fence Outlet EA 5 $ 650.00 $ 3,250.00 s 850.00 s 4,250.00 s 500.00 $ 2,500.00 11 Check Dams EA 8 $ 750.00 $ 6,000.00 s 550.00 $ 4.400.00 $ 350.00 $ 2.800.00 12 Skimmer Basin w/Baffles EA 1 $ 48.000.00 $ 48.000.00 s 88.800.00 $ 88.800.00 s 85.000.00 $ 85.000.00 13 Trees EA 12 $ 750.00 $ 9.000.00 $ 975.00 $ 11.700.00 $ 1.200.00 $ 14.400.00 14 Mobilization LS 1 $ 15,000.00 s 15,000.00 $ 32,000.00 $ 32.000.00 s 43.000.00 $ 43,000.00 15 Cfearin2 and Grubbin2 AC 6.4 $ 6.500.00 $ 4 1,600.00 $ 8.000.00 $ 51.200.00 s 9,500.00 $ 60,800.00 16 Seedine. and Mutchini AC 3.2 $ 1.500.00 s 4,800.00 $ 3,500.00 $ 11,200.00 $ 4,300.00 $ 13,760.00 17 Earthwork LS 1 s 250.000.00 s 250.000.00 s 314.400.00 $ 314,400.00 $ 106.000.00 $ 106.000.00 18 Geotech Fabric SY !SO s 10.00 $ 1.500.00 $ 5.00 $ 750.00 $ 3.00 $ 450.00 19 #57 Stone for Stabilization SY 100 s 150.00 $ 15.000.00 s 59.00 $ 5,900.00 $ 35.00 $ 3.500.00 20 catch Basin 0'-6' Deep EA 2 $ 5,500.00 $ 11,000.00 $ 3,040.00 s 6,080.00 $ 4,900.00 $ 9.800.00 21 Catch Basin 16' Deep EA 1 $ 19.000.00 $ 19.000.00 $ 5,415.00 $ 5.415.00 $ 12.200.00 $ 12,200.00 22 Yard Inlet 6'-10' EA 1 $ 6,500.00 $ 6,500.00 $ 5,015.00 s 5.015.00 $ 6.500.00 $ 6,500.00 23 36" FES EA 2 $ 1 ,500.00 $ 3,000.00 $ 2.200.00 $ 4.400.00 $ 2.100.00 $ 4.200.00 24 4' M•nhole 8-10' Deeo EA 2 s 6,500.00 $ 13.000.00 $ 5.415.00 s 10.830.00 $ 5.400.00 $ 10,800.00 25 15" RCP LF 4 7 s 50.00 s 2 .350.00 $ 68.00 s 3,196.00 $ 60.00 $ 2,820.00 26 36' RCP LF 397 s 100.00 $ 39,700.00 $ 113.00 $ 44,861.00 s 105.00 $ 41 ,685.00 27 42' RCP LF 163 $ 155.00 $ 25.265.00 $ 137.00 $ 22.331.00 s 133.00 $ 21 .679.00 28 48'RCP LF 156 s 185.00 $ 28.860.00 $ 178.00 $ 27,768.00 s 154.00 $ 24,024.00 29 4x4 Riser EA 1 s 200.00 s 200.00 s 18,000.00 $ 18.000.00 s 12 .300.00 $ 12.300.00 30 MH 10-12' -4' Diameter EA 2 $ 6.500.00 $ 13,000.00 $ 4 ,300.00 s 8.600.00 $ 5.400.00 $ 10.800.00 31 MH 12-14' • 4' Diameter EA 2 $ 7.500.00 $ 1 5,000.00 $ 4 ,700.00 s 9.400.00 $ 6 .500.00 s 13,000.00 32 Tic in to Ex. MH EA 1 $ 1,500.00 s 1.500.00 $ 2.800.00 $ 2 .800.00 s 4 ,200.00 $ 4,200.00 33 8"D1P LF 103 $ 80.00 s 8 .240.00 $ 107.00 $ 11.021.00 $ 92.00 $ 9.476.00 34 12 "PVC LF 590 $ 105.00 $ 61.950.00 $ 70.00 $ 41.300.00 $ 103.00 s 60.770.00 35 Tie to ExistinR Watermain EA 1 s 5,500.00 s 5.500.00 s 2.000.00 s 2,000.00 s 2.400.00 $ 2.400.00 36 12" DIP Watermain LF 100 $ 115 .00 s 11.500.00 $ 152.00 s 15 ,200.00 s 58.00 s 5.800.00 37 Waterline T estins:; LS l $ 6.500.00 s 6,500.00 $ 2.000.00 s 2.000.00 s 1.900.00 $ 1.900.00 38 2" Blow-Off with 12" GV EA 1 $ 5,500.00 $ 5.500.00 $ 3.250.00 $ 3.250.00 s 5.100.00 $ 5,100.00 39 Adjust Fire Hvdrant to final f:rade and location EA 2 $ 1,250.00 s 2.500.00 s 1.250.00 $ 2.500.00 $ 3.800.00 $ 7.600.00 40 2" S 9.5B Fi nal Overtay SY 2.140 $ 14.00 $ 29.960.00 s 11.50 s 24,610.00 s 14.10 $ 30.174.00 41 30"119.0C SY 2.140 $ 18.00 $ 38,520.00 s 16.75 $ 35,845.00 s 16.70 s 35.738.00 42 10~ ABC Base SY 2,140 $ 27.00 s 57.780.00 s 17.90 s 38,306.00 s 17.00 $ 36.380.00 43 Adiust SSWR MH EA 4 $ 1,850.00 s 7,400.00 $ 400.00 $ 1,600.00 $ 520.00 s 2.080.00 44 Adlust Wate r Valve Lids EA 6 $ 1.100.00 $ 6.600.00 $ 265.00 s 1,590.00 $ 390.00 $ 2.340.00 45 30" Concrete Curb and Gutter LF 896 $ 28.00 s 25,088.00 s 21.00 $ 18.816.00 $ 16.00 $ 14.336.00 46 18" Median Curb LF 799 $ 28.00 s 22.372.00 $ 17.00 s 13.583.00 s 15.00 s 11.985.00 4 1 4 " ABC Under Curb LF 1.695 $ 6.00 s 10,170.00 $ 3.00 s 5.085.00 s 3.80 $ 6.441.00 48 Ad lust Catch Basin Frames EA 1 s 800.00 s 5,600.00 $ 300.00 $ 2.100.00 s 400.00 $ 2.800.00 49 5' Concrete Sidewalk SY 482 $ 75.00 s 36.150.00 $ 40.00 $ 19.280.00 $ 36.00 $ 17,352.00 50 HCRamps EA 2 $ 2,500.00 s S.000.00 $ 1.200.00 $ 2,400.00 s 1,660.00 $ 3 .320.00 51 Si1rnaee and Strippfne LS I $ 7.500.00 s 7.500.00 $ 6.500.00 $ 6.500.00 $ 6.400.00 s 6.400.00 TOTAL BASE BID: $ 1 ,031,505.00 $ 1,004,807.00 $ 886,551.00 ALTERNATES 1 2~ S 9.58 Final O verlav SY 706 $14.00 s 9.884.00 $11.50 $ 8,119.00 $14 .1 0 $ 9.954.60 2 3.0" 119.0C SY 706 $18.00 $ 12,708.00 $16.75 $ 11.825.50 $16.70 $ 11,790.20 3 10' ABC Base SY 706 $27.00 s 19,062.00 $17.90 $ 12.637.40 $17.00 $ 12.002.00 4 30• Concrete Curb and Gutter LF 311 $28.00 s 8.708.00 $21 .00 $ 6.531.00 $26.00 $ 8.086.00 -· 5 18" Median Curb LF 314 $28.00 s 8,792.00 $17.00 s 5,338.00 $38.00 $ 11.932.00 6 4 ~ ABC Under Curb LF 625 $6.00 s 3,750.00 $3.00 $ 1.875.00 $4.00 $ 2,500.00 -- 7 S' Concrete Sidewalk SY 173 $75.00 $ 12.975.00 $40.00 S 6.920.00 $47.00 $ 8.131.00 SUBTOT Al ALTERNATES BID ~ $ 75,879 .00 $ 53,245.90 $ 64,395.80 TOTAL BASE BIDWITH ALTERNATES = $ 1 ,107,384.00 S 1 ,058,052.90 $ 950,946.80 T2 Construction Highland Paving Fred Smith Company CERT IFICATION \11111,,, ,,,,\' CAR 1111/1 ,,' ,,_~ ~-........ o(/ ,,, i ~, O"~--~\;.SS10·· .. 'I, ,~ _ __,,,,_..,-~ -~O 1'-,,·,-y ~ :Q. < ·.. -:the Bids tabula tion herein ~re opened at Harnett County Re3onoJ WC1ter Cit 700 McKinne y Kennet h Jesneck, P.E. Project Manager Brightwate, Dr Extension Phase 2A : SEAL : ei,r1<woy, Lillington. North Corolina on June 3. 2019 ot 2:00 PM ond pubJit<1lly read. The ~ 18j1-98 : ~bu/ation is correct in tJ1ot It contains the unit prices os pr~ented durin3 the Or/3/nat Bid ~ \ /I;>/ IC p"/ . :froposal of e.och bidder durin3 the bid open ins. The proje ct was bid in CKcordinance with the NC \ "h,_·--.~lv 'E.~~-··ff ,2tenerol Srnwe:s for Public Biddin3 Requirement s as witnessed by representatives al Hamett ,,.,. .. ('~ · .. ~ !. ~-... ·· 'S"'-q; ,,," County Rt3ionol Water nnd Wlth ersRoventl, Jnc. license # C~832. ,,,,, ~ L.ll<-~,,,, 11 ,,11 ,p\\\ Itemized Bid Proposal 071519 HCBOC Page 28 ATTACHMENT 7 Bid Tab -Cleaning Services County of Harnett 3-Year Proposal Pricing Sheet Monday, May 20, 2019, 2:00 p.m. ' ·,· ,-... ¥ ~-•• t ~-\l \ .. ... -~ .. . .' -. . ' " ' •. .. . 2019-2020 2020-2021 . Vendor Name ... :., v • '•. ' All Bright Janitorial Service $ 193,420.00 $ 193,420.00 OMNICO $ 254,308.00 $ 254,308.00 American Facility Services $ 357,159.00 $ 357,159.00 . .. .. . ·, , . 2021-2022 . ·. 3 Yea.r total $ 193,420.00 $ 580,260.00 $ 254,308.00 $ 762,924.00 $ 357,159.00 $ 1,071,477.00 071519 HCBOC Page 29 ATTACHMENT 8 Bid Tab -Elevator Services County of Harnett 3-Year Proposal Pricing Sheet Monday, May 20, 2019, 2:00 p.m. ·' -! ,, -~.. -. . . Vendor Name , •, 2019-2020 2020-2021 2021-2022 3 Year:Total Abell Elevator Int of NC, LLC n/a n/a n/a $ Charter Elevator $ 12,936.00 $ 12,936.00 $ 12,936.00 $ 38,808.00 thyssenkrupp Elevator $ 16,868.00 $ 17,208.00 $ 17,554.00 $ 51,630.00 071519 HCBOC Page 30 ATTACHMENT 9 Bid Tab -Generator Services County of Harnett 3-Year Proposal Pricing Sheet Monday, May 20, 2019, 2:00 p.m. '•. ' .. .... ,._ . ''·! ., .~ ., . . ., I .. -· Vendor Name 2019-2020 :2020-202,1 Clarke Power Services, Inc. $ 7,295.00 $ 7,295 .00 KB Power Systems, LLC $ 7,498 .00 $ 7,723 .00 Powersecure Services, Inc. $ 7,910.00 $ 7,910.00 Ezzell Electric $ 8,575.15 $ 8,660.92 . ,, . ;·'1' ::-,~ -.. ~ 2021-2022 . 3 Yea.r Total $ 7,295.00 $ 21,885.00 $ 7,723.00 $ 22,944.00 $ 7,910.00 $ 23,730.00 $ 8 ,747.52 $ 25,983.59 071519 HCBOC Page 31 ATTACHMENT 10 Bid Tab -HVAC Services County of Harnett 3-Year Proposal Pricing Sheet Thursday, May 24, 2019, 2:00 p.m. •'.; . -. , ,.•r-. Vendor Name .. ' ",·; ·. 2019-2()20 .. 2020-2021 ;,· : .. Heat Transfer Solutions, Inc. $ 216,129.00 $ 216,129 .00 Johnson Controls, Inc. $ 228,466 .00 $ 237,612 .00 .. ··'· ., ,'-.··\ ·-.. ' 2021-2022 . 3 Year Total ·; $ 216,129.00 $ 648,387.00 $ 247,512 .00 $ 713,590.00 071519 HCBOC Page 32 ATT ACHMENT 11 Bid Tab -Pest & Fire Ant Control Services County of Harnett 3-Year Proposal Pricing Sheet Monday, May 20, 2019, 2:00 p.m . ,. .. .. ·--, ~ Vendor Name 2019-2020 2020-2021 Clegg 's $ 25,045 .00 $ 25,814.00 Holloman Exterminators, Inc. $ 27,480.00 $ 27,480.00 Proactive Pest Solutions $ 30,160.00 $ 30,160.00 . ,. 2021-2022 · 3 YearTotal $ 26,603 .00 $ 77,462.00 $ 27,480 .00 $ 82,440.00 $ 30,160.00 $ 90,480.00 071519 HCBOC Page 33 ATTACHMENT 12 NORTH CAROLINA HARNETT COUNTY RESOLUTION TO ENTER INTO AN INCENTIVE AGREEMENT WITH KRIGEN PHARMACEUTICALS LLC THAT WHEREAS , the County of Hamett ("County") has made economic development in Harnett County a major priority in an effort to recruit new industry and businesse.s to the County, to replace displaced industry previously located in the County, to retain and/or expand current industry located in the County, to provide local job opportunities for citizens of the County, and to increase the County tax base; and WHEREAS, Krigen Pharmaceuticals LLC ("Krigen") is a North Carolina limited liability company with it s principal office located in Raleigh, North Carolina; that Krigen has decided to locate a pharmaceutical parenLeral manufacturing facility (the "Facili ty ") which wi ll be located at 800 Edwards Brothers Drive, Lillington, NC 27546, with the intent to appl y for the County's economic development incentives. Krigen will enter into a long term lea se of an approximate 11.48 acre real property tract upon which is located an approximate 60,846 square feet commercial building which will be renovated and upfitted by Krigen into it s Facility which is projected to become operational no later than December 2020. In developing thi s Facility in Harnett County, Krigen plans to invest $4 ,613,062 and create approximately 117 full-time jobs ; and WHEREAS, based upon Krigen 's location of its pharmaceutical parenteral manufacturing Facility in Harnett County, the estab lishment of a direct investment tax base , and the creation of 117 full-time jobs, the County is willing to appropriate certain economic incentives in the form of monetary grants to Krigen pursuant to the provis ions of N.C. General Statutes § 158 -7.1 which allows counties to make appropriations for the purpose of aiding and encouraging the location and/or 071519 HCBOC Page 34 expansion of manufacturing enterprises and industrial and commercial facilities in the County; and WHEREAS, the County and Krigen have negotiated an economic development incentive package which includes incentives to be paid to Krigen in the form of a grant of a maximum eighty percent (80%) of County ad valorem taxes paid by Krigen over a 5 year period, and credit payments by the County of the water and sewer usage fees incurred by Krigen in its Facility operations in a total maximum amount of $25,000 which said incentive payments or portions thereof are dependent on Krigen' s performance of various incentive conditions including the creation and maintenance of 117 full-time jobs that meet certain wage levels pursuant to a job creation 5 year schedule. That an instrument entit led "Krigen Pharmaceuticals LLC and Harnett County, North Carolina Incentive Agreement" which is attached to this Resolution as Exhibit A has been prepared for agreement between the parties to comp ly with the provisions of N.C. General Statutes§ 158-7.1; that pursuant to N.C. General Statutes § 158 -7 . l(c) and a published notice of hearing , a public hearing was held on June 17 , 20 14 concerning the terms of the proposed Incentive Agreement; that subsequent to the close of said public hearing and after deliberations, it is the desire of the Harnett County Board of Commissioners to approve the appropriation of thi s Incentive Agreement with Krigen subject to those terms contained within said Agreement. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commiss ioners that the Incentive Agreement attached hereto as Exhibit A between the County and Krigen is hereby approved, and that the proper officials of the County are hereby authorized to enter into the Incentive Agreement with Krigen. 2 071519 HCBOC Page 35 This the 17th day of June, 2019. COUNTY OF HARNETT By: Gordon Sprin le an ATTEST: Harnett C ou nty oard of Commissioners 3 071519 HCBOC Page 36 EXHIBIT A KRIGEN PHARMACEUTICALS LLC and HARNETT COUNTY, NORTH CAROLINA INCENTIVE AGREEMENT Dated as of June _, 2019 071519 HCBOC Page 37 INCENTIVE AGREEMENT THIS INCENTIVE AGREEMENT is dated as of June_, 2019 (as supplemented or amended, the "Agreement"), and is between KRIGEN PHARMACEUTICALS LLC, a North Carolina Limited Liability Company (t he "Company") and HARNETT COUNTY, NORTH CAROLINA , a public body politic and a political subdivision of the State of North Carolina (the "County"), with each being referred to as a "Party", and both being referred to cumulatively as the "Parties". RECITALS: The purpose of this Agreement is to describe certain incentives to be provided by the County to the Company in connection with the Company's location of a manufacturing facility in the County. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained in this Agreement, the parties hereby agree as follows: ARTICLE I DEFINITIONS; RULES OF CONSTRUCTION 1.01. Definitions. For all purposes of this Agreement, unless the context requires otherwise, the following terms shall have the following meanings: "Abandonment of Operations" means that for a period in excess of two (2) weeks the Company's level of Full Time Employees or Direct Investment goes below twenty percent (20%) of the guaranteed minimum levels of Performance Commitments for Full Time Employees or projected amounts of Direct Investment. "Business Day" means any day that is not a Saturday or a Sunday, or a day on which banks in the State are required by law to be closed. "Change in Use" means any reduction in or diversion of use of the Facility which would not provide the guaranteed Performance Commitments of Full Time Employees, as set forth in Article II which are less than an Abandonment of Operations . "Closing Date" means the date on which this Agreement is first executed and delivered by the parties. "Direct Investments" means the original tax value of all building improvements and equipment placed by the Company on the ad valorem tax rolls, regardless of the funding sources for said property. 2 071519 HCBOC Page 38 "Facility" means the manufacturing facility intended to be renovated and occupied by the Company on the si te, as more particularly described in Exhibit A. The number of "Full Time Employees" means the number of employees hired who will be paid on the basis of forty (40) hours per week or two thousand eighty hours (2080) per year, who are paid average wages of forty seven thousand four hundred seventy nine dollars ($47,479) per year, or twenty two dollars and eighty three cents ($22.83) per hour, and who are provided health insurance coverage by the Company with the Company paying at least fifty percent (50%) of the premiums for s uch coverage. "Incentives " means the various incentive payments from all sources referred to in thi s Agreement to the Company. "Performance Commitments" means the levels of Full Time Employees to be hired by the Company in relation to the Company's operations in the Facility pursuant to Article II of this Agreement. "State" means the State of North Carolina. 1.02 Rules of Construction. Unless the context otherwise indicates: (a) Words importing the singular shall include the plural and vice versa, and words importing the masculine gender s hall include the feminine and neuter genders as well; (b) All references to Articles, Sections or Exhibits are references to Articles , Sections and Exhibits of this Agreement; (c) All references to officers are references to County officers; and (d) The headings and Table of Contents herein are solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meanings, construction or effect. ARTICLE II COMPANY'S PERFORMANCE COMMITMENTS In return for the Incentives set forth herein, which are a competitive necessity for the Company to choose to locate its Facility in the County, the Company commits to certain Performance Commitments related to jobs created and incrementally increased taxes in the County. For the County to provide incentives to support the location of the Facility in the County there must be a competitive offer from another potential location for this Facility, and but for the provision of the incentives contemplated by this Agreement, the Company would not locate its Facility in the County. Previous to the execution of this Agreement, the Company has 3 071519 HCBOC Page 39 provided to the County evidence of a competitive alternative Jocation for this Facility, which is satisfactory in the County's discretion. The Parties acknowledge and agree that the consideration for the County to enter into this Agreement is the expectation that the Company will meet or exceed these Performance Commitments. Specifically, the Company agrees to meet or exceed the following Performance Commitments: (a) The Company will create and maintain in the Facility for the term of this Agreement, jobs for at least one hundred seventeen ( 117) Full Time Employees, with this number of jobs being created in the following amounts no later than December 31 of each of the following years: 2020 13 2021 51 2022 36 2023 10 2024 7 Total Full time Employees 117 (b) The Company agrees that the average wage level of all Full Time Employees in the Facility shall be no less than twenty two dollars and eighty three cents ($22.83) per hour. Benefits will be provided which will include, but not be limited to, the Company providing health insurance coverage for its employees, with the Company paying at least fifty (50%) of the cost for such coverage. (c) The Company is expected to make and maintain initial Direct Investments in building renovations or construction and personal property equal to four milJion six hundred thirteen thousand and sixty two dollars ($4,613,062), and the taxable property resulting from these Direct Investments shall remain in the County subject to ad valorem tax assessments for the full term of this Agreement. Direct Investments shall not include the current property tax valuations of the land and building in which the Facility will be located as those valuations are shown on the property tax records of the County as of the date of the date of this Agreement which is one million five hundred eleven thousand seven hundred thirty dollars ($1,511 ,730). It is understood that Direct Investments will be made over a period of time on a phased basis from the date of this Agreement through December 31 , 2024. The Company's failure to make this anticipated level of Direct Investments , will not constitute a default under this Agreement, but the amounts 4 071519 HCBOC Page 40 of annual incentive grants will be affected based on the formula set forth rn Section 3.02 of this Agreement. Confirmations of the Company's attainment as to Performance Commitments shall be as follows. The amount of Direct Investment shall be the amount of the tax value for all property owned by the Company in the County as shown on its Business Real and Personal Property Tax Listings, for each year that new investments are made . The number of Full Time Employees and average wage level shall be determined by the data shown on filings of fourth quarter NCUI Form 101 with the N.C . Employment Security Commission as to unemployment compensation taxes. The County may in its discretion require other documentation to verify the attainment of these Performance Commitments. ARTICLE III CASH INCENTIVES 3.01 Credits for Water and Sewer Usage Fees . The County will allow credits to reduce the amount of water and sewer usage fees incurred by the Company in the total amount of twenty five thousand dollars ($25,000). These credits wi ll be paid by way of the County paying the Company's water and sewer bills directly to the Town of Lillington, until such time as the full amount of this credit has been paid. Thereafter, the County shall have no further responsibility for the payment of any portion of the Company 's water and sewer bills submitted to the Company by the Town of Lillington. 3.02 Economic Development Incentive Gra nts. The County also commits to pay to the Company grants in the future pursuant to its Economic Development Incentive Grant program. These future grants are estimated be in the total cumulative amount of one hundred eight thousand two hundred nineteen dollars ($108,219), based on current projections by the Company of Direct Investments and Full Time Employees. But the total cumulative amount may vary if there is a Change in Use or Abandonment of Operations. The County shall pay to the Company five annual installments of Incentives. The amount of each annual installment of Incentives shall be calculated as eighty percent (80 %) of property taxes paid by the Company attributable to its Direct Investments, unless such amount is reduced by a Change in Use attributable to a short fall in Full Time Employees, as set forth in Section 3 .03 below. The above calcu lation of annual installments of Incentives is used for convenience and to assure that the County realizes a positive return on its investment in and inducement of this project, and does not represent a refund of property taxes paid. The first annual installment of Incentives shall be paid in 2021 for the Company 's attainment of Performance Commitment as of December 31, 2020 for Full Time Employees and the amount as of January 1, 2021 for Direct Investments. Future annual installments of Incentives shall be paid in each of the next four ( 4) years. 5 071519 HCBOC Page 41 For each year when an annual incentive grant is to be paid for the previous year, the Company will provide to the County no later than March 31 of that year a letter stating how many employees were on the payroll of the Company and the amount of capital investments made by the Company in improvements to the Facility and in personal property as December 31 of the prior year. That letter will have as an attachment the NCUI Form 101 which was filed by the Company for the fourth quarter of the previous year. Each annual in stallment of Incentives will be paid within thirty (30) days after the Company has paid its property taxes for each grant year. 3.03 Reduction in Amounts of Grants. If a Change in Use occurs in any year of the term of this Agreement during which Incentives are being paid pursuant to Sections 3.01 and 3.02 above whereby the number of Full Time Employees for the prior year (if applicable for that year) is less than the Performance Commitments, any annual installments of Incentives pursuant to Section 3.02 or credits against water and sewer usage fees pursuant to Section 3.01 which are payable in that year shall be reduced. The amount of reduction of annual installments of Incentives grant and credits against water and sewer usage fees shall be calculated as the same percentage by which there is a shortfall in Full Time Employees. For example, at the end of 2020, if the Company is ten percent (10%) short in the number of Full Time Employees, then the amount of the annual installment of the Incentives grant and credits against water and sewer usage fees for 2021 shall be reduced by ten percent ( I 0% ). 3.04 Reimbursement of Previous Incentives. If a Change of Use occurs in any year of the term of this Agreement whereby the number of Full Time Employees is less than the Performance Commitments, any prior credits against water and sewer usage fees made pursuant to Section 3.01 of this Agreement shall be subject to a partial reimbursement of those incentive payments . The amount of the reimbursement shall be by way of a pro rata amount, which pro rata amount shall be as computed as twenty percent (20%) of the amounts of those grants multiplied by the percentage by which the Company has failed to meet the Performance Requirements for Full Time Employees. For example, if in 2021 the Company is ten percent (10%) short in the number of Full Time Employees, then the amount of the required reimbursement shall be computed as twenty percent (20%) of twenty five thousand dollars ($25,000) multiplied by ten percent (10% ), or five hundred dollars ($500). Any reimbursements due to be paid by the Company to the County under the terms of this Section shall be paid no later than January 31 of the year following that in which the Company failed to meet one or both of the Performance Commitments. In order to secure the reimbursements which might be required by this section, the Company agrees for a UCC Financing Security Statement to be filed on equipment owned by the Company to and for the benefit of the County. This lien will be released upon the end of the term of this Agreement. 3.05 Abandonment of Operations. If in any year of the term of this Agreement the Company has an Abandonment of Operations, the Company shall reimburse to the County a portion of the Incentives paid pursuant to Section 3.01 of this Agreement. The amount of the reimbursement shall be an amount calculated as twenty percent (20%) per year for the year of the Abandonment of Operations, and any remaining years of the term of the Agreement, multiplied by twenty five thousand dollars ($25,000). For example, if the Abandonment of Operations 6 071519 HCBOC Page 42 occurs in 2021 , then the reimbursement will be in an amount equal to twenty percent (20%) times four years, or eighty percent (80%) multiplied by twenty five thousand dollars ($25,000), or twenty thousand dollars ($20,000). Any reimbursement due under the terms of this Section shall be paid no later than thirty (30) days following wr itten notification by the County that the Company has been deemed to have an Abandonment of Operations. The County shall have no further obligation to pay annual installments of Incentives for any year following an Abandonment of Operation s. 3.06 Source of Funds. The Parties agree that the Incentives payments to be made by the County pursuant to this Article III may be paid from any fund source of the County's choosing, which is not restricted as to the use of those fund s. ARTICLE IV CONSTRUCTION OF FACILITY The Parties agree that construction of renovations to the Facility shall be solely the Company's responsibility. The Company shall cause the construction to be carried on in accordance with all applicable State and local laws and regulations. The Company shall insure (1) that the Facility does not encroach upon nor overhang any easement or right-of-way and (2) that the Facility, when erected, will be wholly within any app li cable building restriction Jines, however established, and will not violate applicable use of other restrictions contained in prior conveyances or app licabl e protective covenants or restrictions. The Company shall cause all utility lines, and streets serving the Facility, which are located within the metes and bounds of the si te on which the Facility is located, to be completed in accordance with health department standards and other applicable regulations of any governmental agency having jurisdiction. The Company shall pay all taxes and all charges for utility services furnished to or used on or in connection with the Facility. The Company shall bear all risk of loss to and condemnation of the Facilit y. The Company shall observe and comply promptly with all current and future orders of all courts and regulatory bodies having jurisdiction over the Faci lity or any portion thereof (or be diligently and in good faith contesting such orders), and all current and future requirements of all insurance companies writing policies covering the Faci li ty or any portion thereof. ARTICLE V INDEMNIFICATION The Company hereby agrees to indemnify, protect and save the County and its officers, directors and employees harmless from all liability, obligations, losses, claims, damages, actions, suits, proceedings, costs and expenses, including reasonable attorneys' fees, arising out of, 7 071519 HCBOC Page 43 connected with , or resulting directly or indirectly from the Facility or the transactions contemplated by or relating to this Agreement, including without limitation, the possession, condition, construction or use thereof, insofar as such matters relate to events subject to the control of the Company and not the County. The indemnification arising under this Article shall survive the Agreement's termination. ARTICLE VI TERMINATION OF AGREEMENT The Company s hall have the option of terminating this Agreement upon failure of the County, to make incentive payments, as provided for in Article III of thi s Agreement. The County shall have th e option of terminating this Agreement upon an Abandonment of Operations by the Company, which option shall be executed by giving written notice to the Company. In any event, the above terms notwithstanding, this Agreement shall terminate at the end term of this Agreement, which is defined as the period of time from th e date of this Agreement until the last annual installments of Incentives is paid pursuant to Section 3.02 of this Agreement. ARTICLE VII ADJUSTMENTS OF PERFORMANCE TARGETS The Parties to this Agreement agree that if the Company determines in the future that it can significantly exceed the Performance Commitments of Direct Investment or of Full Time Employees, but will need less than the Performance Commitments of the other measure, all parties will negotiate in good faith to amend the agreed upon Performance Commitments and formulations for reductions or reimbursements set forth in Article III of this Agreement. ARTICLE VIII TEMPORARY REDUCTIONS IN PERFORMANCE COMMITMENTS Notwithstanding anything herein to the contrary, if the Company shall be prevented or delayed from fulfilling, or continuing to fulfill, either or both of the Performance Commitments as set forth in herein, by reason of a: (a) Government moratorium; (b) Delay in obtaining any governmental or quasi-governmental approvals , permits or certificates, despite rea sonable efforts by the Company to obtain same; 8 071519 HCBOC Page 44 (c) Enemy or ho s tile governmental or terrorist action; (d) Act of God, including but not limited to hurricane, tornado, snowstorm, windstorm, earthquake or flood, fire or other extreme weather conditions or other casualty; (e) Strike, lockout or a labor dispute involving entities other than the Company which causes the Company an inability to obtain labor or materials; (f) Delay in funding from any state or local government incentive to or for the benefit of the Company; or; (g) Any other event , other than normal business exigencies, which is beyond the reasonable control of the Company. then the Performance Commitments for the year(s) in which such event occurred shall be equitably reduced to reflect the effect of such event. The Parties shall negotiate in good faith to make an equitable reduction in the Performance Commitments for an affected year(s). However, if the Parties cannot in good faith reach an agreement as to such adjustment, the Parties agree to submit this issue to binding arbitration on an expedited basis. ARTICLE IX ASSIGNMENTS No Party shall sell or assign any interest in or obligation under this Agreement without the prior express written consent of the due Party. Provided, however, that this Agreement may be assigned by the Company to a wholly owned subsidiary of the Company, without the consent of the County, provided that the Company will guarantee the performance by the Subsidiary of the obligations due under this Agreement. ARTICLEX LIMITED OBLIGATION OF COUNTY NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS CREATING A PLEDGE OF THE FAITH AND CREDIT OF THE COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL DEBT LIMITATION. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS DELEGATING GOVERNMENTAL POWERS NOR AS A 9 071519 HCBOC Page 45 DONATION OR A LENDING OF THE CREDIT OF THE COUNTY WITHIN THE MEANING OF THE STATE CONSTITUTION. THIS AGREEMENT SHALL NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE COUNTY TO MAKE ANY PAYMENTS BEYOND THOSE APPROPRIATED IN THE COUNTY'S SOLE DISCRETION FOR ANY FISCAL YEAR IN WHICH THIS AGREEMENT SHALL BE IN EFFECT. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED TO PLEDGE OR TO CREATE A LIEN ON ANY CLASS OR SOURCE OF THE COUNTY'S MONEYS, NOR SHALL ANY PROVISION OF THE AGREEMENT RESTRICT TO ANY EXTENT PROHIBITED BY LAW, ANY ACTION OR RIGHT OF ACTION ON THE PART OF ANY FUTURE COUNTY GOVERNING BODY. TO THE EXTENT OF ANY CONFLICT BETWEEN THIS ARTICLE AND ANY OTHER PROVISION OF THIS AGREEMENT, THIS ARTICLE SHALL TAKE PRIORITY. ARTICLE XI MISCELLANEOUS 11.01 Governing Law. The Parties intend that this Agreement shall be governed by the law of the State of North Carolina. 11.02 Notices. (a) Any communication required or permitted by this Agreement must be in writing except as expressly provided otherwise in this Agreement (b) Any communication shall be sufficiently given and deemed given when delivered by hand or five days after being mailed by first-class mail, postage prepaid, and addressed as follows: ( 1) If to the Company, to: County Manager Hamett County Government 420 McKinney Pkwy. P.O. Box 759 Lillington, NC 27546 (2) If to the County, to: Dhruvkumar Patel Krigen Pharmaceuticals, LLC 800 Edwards Brothers Drive Lillington, NC 27546 10 071519 HCBOC Page 46 (c) Any addressee may designate additional or different addresses for communications by notice given under this Section to the other. 11.03 Non-Bus iness Days. If the date for making any payment or the last day for performance of any act or the exerci sing of any right shall not be a Business Day, such payment shall be made or act performed or right exercised on or before the next preceding Business Day. 11.04 Severability. If any provision of this Agreement shall be determined to be unenforceable, that shall not affect any other provision of this Agreement. 11.05. Entire Agreement; Amendments. This Agreement, including Exhibit A, which is incorporated herein and made a part hereof, constitutes the entire contract between the parties, and this Agreement shall not be c han ged except in writing signed by all the parties. 11.06. Binding Effect. Subject to the specific provisions of this Agreement, this Agreement shall be binding upon and inure to the benefit of and be enforceable by the Parties and their respective successors and assigns. 11.07. provisions. Time. Time is of the essence in this Agreement and each and all of its 11.08. Liability of Officers and Agents. No officer, agent or employee of the County or the Company shal l be subject to any personal liability or accountability by reason of the execution of this Agreement or any other documents related to the transactions contemplated hereby. Such officer s, agents, or employees shall be deemed to execute such documents in their official capacities only, and not in their ind ividu al capacities. This Section shall not relieve any such officer, agent or employee from the performance of any official duty provided by law. 11.09. Counterparts. This Agreement may be executed in several counterparts, including separate counterparts. Each shall be an origin al, but all of them together constitute the same instrument. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed in their corporate names by their duly authorized officers, all as of the date first above written . 11 071519 HCBOC Page 47 [SEAL] ATTEST: Margaret Regina Wheeler, Clerk This instrument has been preaudited in the manner required by The Local Government Budget and Fiscal Control Act Kimberly Honeycutt Finance Officer Harnett County, North Carolina KRIGEN PHARMACEUTICALS LLC By: Dhruvkumar Patel , Member/CFO HARNETT COUNTY, NORTH CAROLINA By: Gordon Springle, Chairman Hamett County Board of Commissioners 12 071519 HCBOC Page 48 EXHIBITS: A -Facility description 13 071519 HCBOC Page 49 EXHIBIT A FACILITY DESCRIPTION The Facility is a current commercial manufacturing building with paved parking lot located at 800 Edwards Brothers Drive, Lillington, NC 27546 which stands on a real property tract composed of 11.48 acres (County Parcel ID No. 10055908020013). The building was initially constructed in 1982 and has approximately 60,846 square feet of heated space. The property is owned by Praxan, LLC pursuant to that Deed recorded in Book 3659, Page 847, Hamett County Registry. Krigen Pharmaceuticals LLC (Krigen) plans to enter into a long-term lease agreement with Praxan on the above described real property depicted as Parcel "B" on that map recorded in Map Book 2018, Page 315 Hamett County Registry. Krigen intends to conduct extensive renovations within the building interior in order to establish a state-of-the-art pharmaceutical parenteral manufacturing Facility. Krigen anticipates a capital investment of approximately $4.6 million for site renovations and the installation of manufacturing equipment and fixtures. During the 5 year incentive period, 117 full time jobs with an average annual wage of $47,479.00 will be created as a result of the operation of this manufacturing facility. 14 071519 HCBOC Page 50 HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Work Session June 11 , 2019 The Hamett County Board of Commissioners met in work session on Tuesday, June 11 , 2019, in Conference Room A , County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Members present: Member absent: Staff present: Gordon Springle, Chairman Howard Penny, Vice Chairman Barbara McKoy, Commissioner Joe Miller, Commissioner District 2 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 and led the Pledge of Allegiance and invocation. The following agenda was before the commissioners: ~ Harnett County Tourism Authority Update ~ Discussion of former Boone Trail School demolition ~ Non-Municipal SRO Agreements ~ 2019/2020 Budget discussion: Harnett Regional Water Capital Plan ~ Proposed Conveyance of County Property to Erwin Memorial Property, Inc. ~ Proposed Joint Sale of real property owned by Harnett County and the City of Dunn to Harnett Chapel Freewill Baptist Church ~ County Manager's Report: ~ Closed session ~ Adjourn June 17, 2019 Regular Meeting Agenda Review Proclamation Honoring Abe Elmore Request from the Friends of Raven Rock State Park Invitations and upcoming meetings Harnett County Tourism Authority member Ken Adelberg provided an update on the Authority. He reported that the Authority had collected approximately $52,000 thru April 2019. Several Authority members and support staff were present and discussions continued . Raven Rock State Park Superintendent John Privette briefly addressed the Board regarding the staff shortage at the park. June 11 , 2019 Work Session Minutes Hamett County Board of Commissioners Page 1 of 4 071519 HCBOC Page 51 Regarding the former Boone Trail School , Assistant County Manager Brian Haney noted that the facility burnt on May 4th and was condemned on May 17 , 2018. He said the community gym is closed due to the unsafe conditions of the structure and reminded the group that the Board recently approved the project ordinance to demolish it. Bob Garrett, Dr. Eldon Sloan and Brad Cummings of the Boone Trail community addressed the Board asking to save the central "entrance" portion of the burnt structure to function as a gateway into the park. General Services Director Barry Blevins reported that the County already has a contract for saving the limestone at the top of the entrance and has requested a quote from the contractor for the additional cost to try to save the wall. He said state requirements for asbestos abatement complicates the issue. Mr. Blevins said the contractor has said theoretically it could be done but there was no guarantee. Commissioners asked about getting quotes to sure up the wall. Staff shared concerns about safety and Mr. Blevins reminded the group that we had approached this as an emergency condition. Mr. Haney stressed the need to get whatever portion down to be able to reopen the community building and gym as soon as possible. Mr. Haney discussed the following non-municipal School Resource Officers (SROs) agreements: I) Memorandum of Understanding between the Harnett County Board of Commissioners, Harnett County Board of Education and Hamett County Sheriffs Office related to the provision of SR Os in the County's public school system, which outlines the responsibilities and expectations of all parties involved. 2) Reimbursement Agreement between the Harnett County Board of Commissioners and Hamett County Board of Education related to the provision of SROs in the County's non- municipal Elementary and Primary schools, which addresses funds the Board of Commissioners agreed to provide during the 2018-19 fiscal year. This would be retroactive to October 2018. 3) Renewal of School Resource Officer Program Memorandum of Understanding between the Harnett County Board of Commissioners, Hamett County Board of Education and Hamett County Sheriffs Office related to the provision of SROs in the County's public school system, which outlines the responsibilities and expectations of all parties involved. This renewal covers the period from July 1, 2019 to June 30, 2020. The Board will consider approval of these agreements during their upcoming regular meeting. Mr. Stewart led the 2019/2020 budget discussion. After meeting with the Erwin Fire Department she now proposes giving Duke (Erwin) Fire District tax levy a 1 cent increase instead of 1/2 cent (0.085 to 0.095). Staff had wrongly assumed that the towns were giving their portion of the sales tax monies to their fire departments. The group discussed Spout Springs' request for a 2 cents increase. Spout Springs will provide a letter stating that the additional funds will be set aside in capital funds for the future construction of Station #3 in the Lexington Plantation sub-division. Staff will include the Spout Springs Fire District tax levy increase up 2 cents instead of 1 (.10 to .12) in the revised budget ordinance to be considered on June 17 , 2019. June 11, 2019 Work Session Minutes Hamett County Board of Commissioners Page 2 of 4 071519 HCBOC Page 52 Steve Ward, Director of Hamett Regional Water, presented Harnett Regional Water Capital Update FY 2019-2020. Mr. Ward reviewed recently completed projects including the West Central Transmission Project, South Central Transmission Project and WHIP. He discussed the North Hamett WWTP Upgrade Project that is currently under construction. Mr. Ward said the Brightwater Technology Park Infrastructure Improvements Phase II and Schools Waste Water Extensions Project are under design with construction planned in FY 2019-2020 . The Automated Meter Upgrade Phase 1 and South Harnett Waste Water Treatment Plan Upgrade projects are scheduled for design/construction in FY 2020-2021. Mr. Ward said $72 million in projects are planned over the next IO years and this year's rate increase will generate about $1.5 million. Mr. Ward responded to questions and discussions continued. He said the Board needs to have a discussion about where they want to go with residential development in the County. Mr. Snow presented Erwin Memorial Property, lnc.'s request for donation and conveyance of county property, all of Tract 2 composed of 1.14 acres as shown on the map entitled "Recombination Survey for: Erwin Memorial Park". This conveyance was previously discussed and approved but for whatever reason stalled in December 2014 after the map was recorded. Mr. Snow reminded the group that the County may convey property to a nonprofit as long as it carries out a public purpose and reviewed Mr. Ricky Simmons's response regarding such. Mr. Snow reviewed the conditions, covenants and restrictions within the proposed Special Warranty Deed for this conveyance. It was the consensus of the Board to consider the Resolution to Convey County Owned Real Property to Erwin Memorial Park, Inc. on the consent agenda of their upcoming regular meeting. Mr. Snow also presented the request by the Harnett Chapel Freewill Baptist Church to purchase a 50 foot x 150 foot real property tract, for the tax value of $5,000, located on East Edgerton Street in the City of Dunn owned by Harnett County and the City of Dunn. He noted that the City of Dunn would soon consider the joint resolution to sell this real property. If both boards approved the resolution then a Notice to Sell Real Property With Invitation For Upset Bids would be published in the Daily Record Newspaper. It was the consensus of the Board to consider the Joint Resolution By the Hamett County Board of Commissioners and the City of Dunn Council to Sell Real Property on the consent agenda of their upcoming regular meeting. Ms. Stewart reviewed the proposed June 17 , 2019 regular meeting agenda and resolution honoring Abe Elmore. It was the consensus of the Board to send a letter to our legislative delegation in support of Raven Rock State Park's request for additional staff. Mrs. Stewart noted that staff is currently researching "reversions" to the County. She reviewed invitations and upcoming meetings of the Board. Last, she announced that the tax collection rate is currently the highest ever at 99.44 percent. June 11, 2019 Work Session Minutes Hamett County Board of Commissioners Page 3 of 4 071519 HCBOC Page 53 Commissioner McKoy moved that the Board go into closed session for the following purposes: 1) Consultation with the County's legal staff in order to preserve the attorney-client privilege concerning the handling of certain litigation including a. PN Development, LLC vs. Harnett County Harnett County File No. 19 CVS 968; and b. Hiran Joshua Audelo vs. Jimmy Lee Holbrook, et al Harnett County File No. 19 CVS 1076; and 2) To discuss certain personnel matters. This motion is made pursuant to N.C. General Statute Section 143-318.11 (a)(3)&(6). Vice Chairman Penny seconded the motion, which passed 4-0. Commissioner McKoy moved that the Board come out of closed session. Commissioner Miller seconded the motion that passed 4 -0. Vice Chairman Penny moved to adjourn the meeting at 11 :43 am. Commissioner Miller seconded the motion, which passed 4 -0. Gordon Springle, Chairman Margaret Regina Wheeler, Clerk June 1 1, 2019 Work Session Minutes Harnett County Board of Commissioners Page 4 of 4 :s:: en ffl -:II c:, ffl z 071519 HCBOC Page 54 HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Special Session May 29, 2019 The Hamett County Board of Commissioners met in special session on Wednesday , May 29, 2019, in the Commissioners Meeting Room , County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Members present: Member absent: Staff present: Gordon Springle, Chairman Howard Penny, Vice Chairman Joe Miller, Commissioner Barbara McKoy, Commissioner District 2 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 and led the Pledge of Allegiance and invocation. The purpose of this special session is for the County Manager to present the Budget Message and proposed 2019/2020 budget to the Board. Mrs. Stewart presented the following budget message: Members of the Board: The proposed Harnett County budget for 2019-2020 is hereby submitted for your review and consideration. A few highlights of the proposed budget include: • The ad valorem tax rate will remain the same at 75 cents per $100 property valuation. • An appropriation of $1,921,649 from fund balance is proposed. The proposed allocation from fund balance will maintain a General Fund Balance of greater than 15% as set forth in the Harnett County Fiscal Policy Guidelines. • The overall budget increased by 5.4%from FY 2019. The increase can mostly be attributed to adding 22 new positions midyear in FY 2019. Increases in health and dental insurance costs and increased current expense funding for Harnett County Schools to cover charter school payments also contributed to the increase. • At a cost of $210,000, the recommended budget includes the first year of funding for Harnett Promise, a program proposed by Central Carolina Community College to offer eligible students graduating from Harnett County Public Schools two years of free CCCC tuition. May 29, 2019 Special Session Minutes Harnett County Board of Commissioners Page 1 of 8 071519 HCBOC Page 55 • Federal grant funding for Harnett Countys first-in-the-state Veterans Treatment Court is set to run out Sept. 30, 2019. While the County continues to pursue additional federal and/or state funding, as well as partnerships that will offset the cost to the County, $260,000 has been budgeted in contingency to support the Veterans Treatment Court from Oct. 1, 2019 through June 30, 2020, should outside funding not become available. • The Solid Waste Director position will be separated from the County Engineer position in FY 2020 to allow both positions to be more specialized. The County Engineer will be housed in Development Services. • The process of addressing capital needs has been further refined this year. More information was requested from departments. In addition, before a project will be scheduled in the capital plan, a funding source must be identified. Projects that do not include a reliable cost estimate, that do not have a well-defined scope or where funds have not been identified to cover the cost are included as '1uture projects." • The largest General Fund expenditures by percentage are Public Safety at 27.71%, Human Services at 20.94%, and Education at 20.38%, which comprise nearly 70% of the entire budget. We are entering the longest economic expansion in history and a recession is bound to occur at some point in the future. Since we must be very prudent in our spending, I am recommending a hiring freeze effective immediately for any vacancy other than sworn law enforcement officers to increase our fund balance in preparation for a possible downturn in the economy. Because we are unsure of the timing of a recession, revenues were estimated conservatively, but not as if a recession will occur in FY 2020. Had we taken that step, severe cuts would have been needed throughout the organization. In addition, I am recommending changing the countys fiscal policy to allow midyear appropriations only in cases of extreme emergency. The midyear appropriations in FY 2019 led to a very difficult situation for the FY 2020 budget. Growth in revenues would have given us some flexibility to meet other priority needs, but these revenues were required to fund the full year cost of decisions made midyear. The county's financial software had been in use for over twenty years and was replaced when the vendor no longer fully supported it. Due to the change to new financial software in October 2018, we encountered difficulty in projecting some of the revenues and tracking trends in spending. While the new system has many enhanced features and will allow us to work more efficiently in the future, using data from two systems to project a budget was challenging and more time-consuming than normal. I would like to highlight some of the county's accomplishments during FY 2019. • Completed the Northwest Harnett Small Area Plan • Completed the Emergency Services Study • Completed much-needed ADA improvements including the installation of automatic interior doors at the Courthouse and removing the curb in front of the Administration Building to make the handicap entrance more accessible and closer to the building • Relocated Probation & Parole Offices from Lillington to Dunn May 29, 2019 Special Session Minutes Harnett County Board of Commissioners Page 2 of 8 071519 HCBOC Page 56 • Completed the design of the Harnett County Resource Center and Library that will be located at the government complex, as well as the design of the Social Services building expansion; established plan for backfilling vacated County facilities following move to new building • Demolished gym and former cafeteria building at the Anderson Creek Primary School campus • Demolished gym and former classroom building at the Shawtown campus; constructed an outside basketball court; and continued renovations to the building that remains for future occupancy by essential County partners and resources for citizens • Achieved Duke Site Readiness status for Mclamb site on 1-95 (prime Economic Development site) • Established Harnett County District H Tourism Authority -appointed members and began meeting regularly to market County • Established Harnett County Parks & Recreation Advisory Committee • Released "Come Write Your Story in Harnett County" promotional video, which earned second place from NC3C's Excellence in Communications Awards in the promotional video category • Successfully completed the Shearon Harris Nuclear Plant graded exercise in April • Emergency Services successfully coordinated efforts to prepare for and assist Harnett County citizens during and after Hurricane Florence in September, and Hurricane Michael in October. Hurricane Florence response efforts included multiple mandatory river evacuations, water rescues, and emergency shelter relocations; no loss of life was reported as a result of either storm. County departments successfully advertised and assisted citizens in seeking aid from storm damage including coordination with FEMA and D-SNAP, as well as outreach to farmers through Soil & Water and Cooperative Extension • Harnett County Solid Waste announced plans to extend landfill hours on Saturdays until 2 p.m. at Anderson Creek and Dunn-Erwin starting June 1 • Completed transition from Harnett County Public Utilities to Harnett Regional Water • Harnett Regional Water completed three water transmission projects -West Central Transmission Project-13 miles of 20-inch water transmission main from Lillington to Seminole which greatly improved hydraulic efficiency; South Central Transmission Project -installation of 7,500 feet of 12-inch water transmission main to alleviate low pressure zones; Western Harnett Innovation Park Transmission Project -construction of 7,800 feet of 16-inch water transmission main to serve the new Benhaven Elementary School The following sections include details of the proposed General Fund budget as they relate to revenues and expenditures. GENERAL FUND REVENUES -$126,346,773 Ad Valorem Taxes -The proposed General Fund budget has been developed based on a total assessed real and personal property value of $7,821,749,871 and a motor vehicle value of $972,463,384. This results in a projected collection of $66,079,417 in ad valorem taxes. Property tax revenues are up in part because of Atlantic Coast Pipeline's temporary staging of equipment and materials in the county to construct the gas pipeline in eastern North Carolina. Because these May 29, 2019 Special Session Minutes Hamett County Board of Commissi oners Page 3 of 8 071519 HCBOC Page 57 revenues are onetime, we are recommending that the proceeds be transferred to capital reserve to fund the capital improvement plan. Sales Tax -We project the countys sales tax revenue to increase from current year projections based on the rate we are currently receiving them and budgeting Article 44 in the General Fund. Total projected sales tax revenues are $18,265,000. Intergovernmental Revenue -We expect these revenues to increase slightly to $21,036,101. Fee Increases -There are several minor fee increases in the General Fund budget. Some significant increases or new fees are shown below. }.> Animal Boarding, per day (if animal is reclaimed) $20 (up from $10) }.> Residential Solar Panels inspection (new law requires 2 trips) $120 (up from $80) }.> Residential Generator inspection $120/$240 after the fact (new fee) }.> Re-inspection -2nd trip if existing violations are not corrected $100 (new fee); 3rd trip if existing violations are not corrected $150 (new fee) }.> Modular Home inspection (fee includes electrical, plumbing and mechanical) $500/$1,000 after the fact (up from $375/$750) }.> Parking fee for open hangar/shade per month $100 (new fee) GENERAL FUND EXPENDITURES -$126,346,773 Personnel -Salaries and wages are up $3,623,830 over the FY 2019 original budget primarily due to the addition of 22 new positions midyear in FY 2019, a 4.6% increase in health insurance costs and a 3.7% increase in dental insurance costs. There were 32 new position requests and numerous reclassification requests for FY 2020, but I am recommending no new positions and no reclassifications in the General Fund. I am also recommending that we no longer provide funding for the Assistant District Attorney position since county positions are being frozen and additional district attorney positions have been added by the state since this position was established. Capital Improvement Plan -The C/P process was reviewed, and a new process was established that will occur each fall going forward. County departments, Harnett County Solid Waste and Harnett Regional Water will begin using the new process in the fall of 2019, followed by Central Carolina Community College and Harnett County Schools in the fall of 2020. Addressing capital needs separate from and ahead of the operating budget will allow us adequate time to thoroughly assess and prioritize the requested needs prior to operating budget preparation. The proposed budget sets aside $1,600,457 for capital expenditures for FY 2020, and is partially funded by proceeds from the onetime gas pipeline tax revenue. Harnett County Schools -Harnett County Schools requested $77,402,972 in funding for capital outlay items in the priority 1 category. Of this, $58,193,120 is for new construction, including $29,193,120 for the Erwin Elementary School replacement, $24,000,000 for a new elementary school in Northwest Harnett, and $5,000,000 for a new early college at the former Benhaven School campus. Updated cost May 29 , 2019 Special Session Minutes Hamett County Board of Conunissioners Page 4 of 8 071519 HCBOC Page 58 estimates for these three projects have since been provided by Harnett County Schools. The Board will consider project ordinances and resolutions for the issuance of general obligation school bonds for both schools at the first regular meeting in June -$28,000,000 for Northwest Harnett and $23,500,000 for Erwin. I propose using the remaining funds from the 2017 Benhaven Elementary School bond issuance to fund the early college as well as the security improvements at all schools, which includes automated door locks on all exterior doors and the replacement of security cameras at all schools. Because of the Board of Education's reluctance in the current year to approve the county's applicati on for lottery funds, capital outlay, in the amount of $944,000 (based on the Board-approved capital funding formula), is being held in contingency. Those funds will be released to the Board of Education when the lottery application has been approved. Harnett County Schools requested over $6.lM in additional current expense from the FY 2019 funding amount. This year's base allocation for current expense is recommended to be $23,138,513. There is also an additional $879,000 for funding the School Resource Officers in elementary schools and $264,779 for funding the charter school per pupil allocation. The total current expense allocation is proposed to be $24,282,292. Central Carolina Community College -Funding for CCCC's current expense is proposed to increase to $1,366,978 from $1,140,207. The main i ncrease in current expense is the first year of funding for the Harnett County Promise program, in the amount of $210,000, where qualifying Harnett County high school graduates can attend CCCC for free for up to two years. There is also a minor increase in current expense that can be partially attributed to bringing services in-house instead of outsourcing them in the areas of facility maintenance and landscaping. Capital funding is proposed at $100,000. This will partially fund some much-needed renovations and upgrades to the Miriello building on the Harnett County main campus. CCCC also plans to purchase landscaping equipment, plumbing equipment and a service bed for a maintenance truck. HARNETT REGIONAL WATER • A budget of $34,680,203 is proposed for FY 2019 compared to $33,135,753 in the current year. No appropriation of fund balance is recommended. • No new positions are requested. Three reclassifications were requested and, like those requested in the General Fund, are not recommended for approval. • A rate increase for base water customers is proposed at $20/month for 2,000 gallons, up from $18.50 and the cost for going above the minimum will be raised from $5.25 to $5.50 per 1,000 gallons used. This equates to a $2 per month ($29/month to $31/month or a 7%} increase in water bills based on average monthly usage of 4,000 gallons. Rates have not been increased i n 3 years. • No bulk (wholesale) rate water or sewer increases are recommended this year. • A flat rate for sewer customers is recommended to remain the same at $15/month for 1,000 gallons. The usage rate is recommended to increase $6 per 1,000 gallons up from $5.25. This equates to a $3 per month ($36/month to $39/month or an 8%} increase in sewer bills based on average monthly usage of 4,000 gallons. Rates have not increased in 3 years. May 29, 20 19 Specia l Session Minu tes Harnett County Board of Commiss ion er s Page 5 of 8 071519 HCBOC Page 59 • The North Harnett Wastewater Treatment Plant is undergoing major modifications to its filters and biosolids storage facilities and is scheduled to be completed in FY 2020 at a cost of approximately $11M. • Other wastewater projects for FY 2020 include running sewer to Anderson Creek Primary School and South Harnett Elementary at a cost of around $2.75M. SOLID WASTE • The total solid waste budget is proposed to decrease slightly to $5,810,400. • One new position, an Environmental Technician, was requested and, like those requested in the General Fund, is not recommended for approval. • Construction of the newest disposal cell at the Dunn-Erwin Landfill will hopefully be completed by the end of June or early July 2019. I recommend that Solid Waste begin the design and permitting of subsequent cells for both the Anderson Creek and Dunn-Erwin facilities in FY 2020. This will be need to be done soon as it is expected that the construction costs of these facilities may dramatically increase if new rules for construction and debris (C&D} sites are enacted by the NC Department of Environmental Quality. • New construction is planned for FY 2020 for a new convenience center in northwest Harnett County which will be co-located with a park and a communications tower on Oakridge River Rd. The cost of the center will be approximately $250,000 and will include a paved patron area with containers for waste and recyclable materials. • After an inventory and subsequent analysis of the Solid Waste Department's fleet of heavy equipment and other support vehicles and equipment, it has been determined the department will be able to continue operation for FY 2020 with no additional or replacement equipment. This analysis included age, usage, annual repair requirements, and general condition. FIRE TAX DISTRICTS • I recommend approval of a 1 cent per $100 valuation increase in the fire tax levy for Benhaven (9 cents to 10 cents}, Flat Branch {12 cents to 13 cents} and Spout Springs {10 cents to 11 cents). ).,, Benhaven Emergency Services has experienced an increased call volume in the NC 27, Docs and Tingen Road area; they have seen increases in the cost of operations; and they are still preparing to move forward with a new station in the future to better serve the district. ).,, Flat Branch Volunteer Fire Department is currently facing personnel issues due to a substantial decrease in volunteers to cover the calls. Increasing the tax rate will allow them to hire an additional 12-hour split shift during the week. ).,, Spout Springs requested a 2 cent increase, but I am staying consistent with recommending a 1 cent increase for them. From 2015 to 2018, they experienced an increase in call volume of over 50%, which increases their operating costs. • Erwin Fire Department requested an increase of 1 cent, but I am recommending an increase of one half cent (8.5 cents to 9 cents}. May 29, 2019 Special Session Minutes Harnett County Board of Commissioners Page 6 of 8 071519 HCBOC Page 60 • No other departments requested a tax increase for FY 2020. RESCUE DISTRICTS • The proposed budget includes a 3% increase across the board for the seven rescue districts. • The appropriations vary by squad, but the median compensation is slightly more than $391,000. The FY 2020 recommended budget presented difficult challenges, but offers a good perspective on where we need to go from here. Residential growth, particularly the kind of growth Harnett has seen in recent years, places more demand on services, such as schools, but does not produce enough revenue to cover these additional costs. The recommendations made by the Northwest Harnett Small Area Plan provide a framework for improving this situation in the future, particularly in this rapidly growing portion of the county. The county needs to invest in targeted economic development efforts to grow the industrial and commercial tax base. The funding of Harnett Promise, which is the major initiative in the FY 2020 budget, will help us build the skills of our children and future workforce. It offers one path towards this goal. The Manager's Office is working with Economic Development staff on other strategies for moving forward and will focus on economic development with the Board of Commissioners during the upcoming budget retreat. In the meantime, we must exercise fiscal discipline by discontinuing approval of midyear funding requests. Unless decisions that impact the budget are funneled through the annual budget process and prioritized at the same time, we cannot make the best use of our limited resources. In addition to developing our County's workforce, it is essential that we continue to develop and attract a skilled governmental workforce. The FY 2020 budget does not include a cost of living adjustment for County employees or an increase to the County's Performance Pay Plan, however I am proposing several initiatives which aim to continue making Harnett County a better workplace for current and future employees. Preventive and Diagnostic services will no longer count towards an employee's $1,000 maximum annual benefit for Dental Insurance. I am also recommending a change to the Personnel Ordinance that will grant up to three days of bereavement leave per calendar year to full-time employees for the death of an immediate family member. In 2017, the County implemented a compensation study that brought the County's salaries in line with the market. That same year, the Performance Pay Plan was enacted, which provided employees with annual increases based on performance, and did away with a pay plan that only provided increases after an employee's third and fifth years with the County. The cost savings from the transition away from the former 3/5 Pay Plan and from the County's previous longevity policy will begin to be realized in FY 2021, and it is my hope that the County can use these savings to provide additional incentives and benefits for our employees. I would like to thank our department heads, Central Carolina Community College, the Fire and EMS Departments, and Harnett County Schools for their valuable contributions to the budget. May 29, 201 9 Spec ial Session Minutes Harnett County Board of Commissioners P age 7 o f 8 071519 HCBOC Page 61 Our management team, specifically Finance Officer Kimberly Honeycutt, Deputy Finance Officer Allen Coats, Assistant County Manager Brian Haney and Assistant Manager Coley Price, worked extremely hard during the budget process and I appreciate the collaboration and teamwork. I would also like to thank the Board of Commissioners for their support this year, especially in allowing me to hire Renee Paschal as the County's Part-time Budget Director. Her knowledge and experience in capital budgeting, revenue forecasting, and all aspects of the budget process has been invaluable to me and I cannot thank her enough. I would be remiss if I did not mention another individual who had a significant influence on the creation of this document. As you all know, we lost Commissioner Abe Elmore earlier this month. He embodied strategic vision which allowed him to accomplish all he did as a businessman and as a public servant. He also stressed fiscal responsibility in planning for the future. It is my belief that this budget adheres to those values. His presence on this Board will be greatly missed. Staff responded to questions from commissioners. Mrs . Honeycutt responded that the General Fund balance is currently at 17% unassigned, clarifying the balance was at 26% before monies were set aside for projects. Commissioner Miller commented citizens will question the rate increase for water while Harnett Regional Water 's fund balance is between $35 to $42 million. Mrs. Stewart said she had asked departments to cut their requests and where they may not have gotten everything they asked for , most still got increases. She noted adjustments within the proposed budget maybe forthcoming. Regarding the hiring freeze effective immediately, Mrs. Stewart said she would approve vacant positions that can be justified. Staff will provide the Board with a list of positions requested by departments in the budget. The Sheriff requested clarifications regarding the hiring freeze for any vacancy other than sworn law enforcement officers and asked that detention officers also be exempt. Staff reviewed changes within the recommended 2020-2026 Capital Improvements Program for Harnett County. Mrs . Stewart reviewed the proposed June 3, 2019 regular meeting agenda. Vice Chairman Penny moved to adjourn the meeting at 9:37 am. Commissioner Miller seconded the motion that passed 4 -0 . Gordon Springle, Chairman Margaret Regina Wheeler, Clerk May 29, 2019 Special Session Minutes Hamett County Board of Commis sioners Page 8 of 8 zUI ffl -:D C, ffl z 071519 HCBOC Page 62 HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting May 20, 2019 The Hamett County Board of Commissioners met in regular session on Monday, May 20, 2019, in the Commissioners Meeting Room , County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Members present: Member absent: Staff present: Gordon Springle, Chairman Howard Penny, Vice Chairman Barbara McKoy, Commissioner Joe Miller, Commissioner Abe Elmore, Commissioner (deceased) Paula Stewart, County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Chairman Springle called the meeting to order at 6:00 pm. The group observed a moment of silence honoring Commissioner Abe Elmore who passed away on Sunday, May 19, 2019. Vice Chairman Penny led the Pledge of Allegiance and invocation. Chairman Springle called for any additions or deletions to the published agenda. Commissioner Miller moved to approve the agenda as published. Vice Chairman Penny seconded the motion that passed 4-0. Lynn Lambert, Natural Resources Director with Hamett Soil and Water Conservation District, recognized the Harnett County 's Envirothon Team students and their Team Advisor Sara Sealey. Mrs. Lambert provided a brief summary about the NC Envirothon Program. She noted the Envirothon program is the largest natural resources conservation based competition of its kind and is designed to develop environmentally aware citizens who are able to assume future leadership roles in the areas of natural resources conservation. It consists of a yearlong curriculum for both middle and high school students combining both in the classroom and outdoor training in ecology and natural resources management. The program is designed to emphasize teamwork and higher order thinking skills such as analysis and interpretation. Mrs. Lambert announced that Harnett County 's Envirothon Teams had competed in the Area 7 Envirothon Contest in Bladen County and finished 3rd, 4t11, 5th , 6th and 7th in the middle school division and all qualified for the state level event. Harnett also had the contest's highest scoring team in the current environmental issues category. During the NC Envirothon Contest in Alamance County Hamett had a team that placed 14th out of 51 teams with the rest not far behind. Mrs., Sealey addressed the Board and group pictures with students were taken. May 20, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of7 071519 HCBOC Page 63 Vice Chairman Penny moved to approve items on the consent agenda . Commissioner McKoy seconded the motion, which passed 4-0. 1. Tax rebates , refunds and releases 2. Hamett County Animal Services requested approval of a Resolution Authori z ing the County Manager to Waive Animal Adoption Fees when necessary for special events, illness , shelter capacity limits or other deemed reasonably necessary by staff. (Attachment 1) 3. Administration requested adoption of the North Carolina Local Government Records Retention Schedule. The March 2019 updates to North Carolina Government Records Retention Schedules have been signed by the Department of Natural and Cultural Resources. The universal update covering General Records is taking the form of a General Local Records Retention Schedule. When adopted, it supersedes the following standards on all local schedules published prior to March 1, 2018 : 1) Administration and Management Records , 2) Budget, Fiscal and Payroll Records, 3) Geographic Information System (GIS) Records, 4) Information Technology Records, 5) Legal Records, 6) Personnel Records, 7) Public Relations Records, 8) Risk Management Records, and 9) Workforce Development Records 4. Hamett County Parks and Recreation requested approval of two change orders totaling $28 ,050 for the Neills Creek Park Tennis Court Project. Changer order #1 is due to the discovery of an area of 97 cubic yards of unsuitable soil and soils need to be stripped and replaced with suitable soils at an additional cost of $14,550. Change odder #2 is to add an additional one inch of asphalt. The plan called for two 1" lifts (2 inches of total asphalt) however this change order calls for two 1.5'' (3 inche s of total asphalt) at an additional cost of $13,500. 5. Hamett County Public Library requested approval to accept the LST A Edge Technology Grant for $7,478. Grant funds will be used to purchase technology tools and equipment to improv e and increase community access to technology and digital learning. This is a reimbursement grant and there is no county match required. The following items were approved, as part of the consent agenda , by a majority of the Board and shall be reconsidered at the next regular meeting of the Board. 1. Hamett County Finance Officer requested approval of the Northwest Hamett Elementary School Project Capital Project Ordinance totaling $29,634 ,397. This project ordinance was approved by a majority of the Board (4-0) and shall be reconsidered at the next regular meeting of the Board. 2 . Hamett County Finance Officer requested approval of a Resolution Declaring the Intent of the County of Harnett to Issue Approximately $28 ,000,000 General Obligation School Bonds to Finance NW Hamett Elementary School, as requested by the Board of May 20, 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 2 of7 071519 HCBOC Page 64 Education, and to Reimburse Itself for Capital Expenditures Incurred in Connection with the Acquisition and Construction of NW Hamett Elementary School from the Proceeds of Such General Obligation School Bonds Executed to be Issued in Fiscal Year 2020. This resolution was approved by a majority of the Board ( 4-0) and shall be reconsidered at the next regular meeting of the Board. 3 . Hamett County Finance Officer requested approval of the Erwin Elementary School Project Capital Project Ordinance totaling $23 ,481 ,723 . This project ordinance was approved by a majority of the Board (4-0) and shall be reconsidered at the next regular meeting of the Board. 4. Hamett County Finance Officer requested approval of a Resolution Declaring the Intent of the County of Hamett to Issue Approximately $23,500,000 General Obligation School Bonds to Finance Erwin Elementary School, as requested by the Board of Education, and to Reimburse Itself for Capital Expenditures Incurred in Connection with the Acquisition and Construction of Erwin Elementary School from the Proceeds of Such General Obligation School Bonds Executed to be Issued in Fiscal Year 2020. This resolution was approved by a majority of the Board ( 4-0) and shall be reconsidered at the next regular meeting of the Board . 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 addressed the Board. The following citizens addressed the Board asking that they replace Erwin Elementary as fast as possible: Erwin Mayor Patsy Carson Steve West Abby Wood Candise Cowan Ashley Hinson Steve Wood Daily Record Reporter Rick Curl responded to citizens who he said had misquoted information provided in the paper. Commissioner Miller moved to approve the appointment listed below. Vice Chairman Penny seconded the motion that passed 4 -0. Cemetery Board Of Trustees Anne Marsh was reappointed to serve on this board for a term of three years expiring April 30, 2022. Historic Properties Commission Melanie Collins was reappointed to serve on this board as an alternate for a term of three years expiring February 28, 2022. May 20, 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 3 of7 071519 HCBOC Page 65 Mark Locklear, Director of Hamett County Development Services, petitioned the Board for a public hearing regarding the Proposed Zoning Change: Case# PLANl 903-0002, Landowners/Applicants: Southeast Properties Family, LLC ; 7.12 acres; Pin #'s 0513-76-3120 & 0513-76-0085 ; From RA-20M to Commercial Zoning District; NC Hwy 210 South; Anderson Creek Township. Mr. Locklear reported that the site is currently occupied by a nonresidential structure with surrounding land uses consisting of residential developments, various nonresidential uses and vacant/undeveloped land. Services available include Hamett County public water and sewer. Mr. Locklear noted that on May 6, 2019, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of this application based on surrounding residential uses, adjacent identical zoning districts, as well as overall compliance with the Land Use Plan. He said no one spoke in opposition. Mr. Locklear stated staffs evaluation as: The IMP ACT to the adjacent property owners and the surrounding community is reasonable , and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The requested zoning change to Commercial will not have a negative impact on the community as it has been used for nonresidential purposes for many years , as well as being adjacent to several existing Commercial parcels in the area. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning district is not fully compatible with the existing Land Use classification of Low Density Residential however; this site is within a Compatibility Development Target area. This allows for uses that would make the most of the presence of public water and sewer availability. In addition, a Rural Center development node is just north of this site. So when studied again, a Land Use map amendment would be to recommend extending this existing Rural Center development node along the NC 210 corridor. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested rezoning to Commercial would maintain or enhance the public health, safety and general welfare due to the site's history or commercial use. The request is NOT for a SMALL SCALE REZONING and should be NOT be evaluated for reasonableness. REASONING: Since these tracts are immediately adjacent to a Commercial zoning classification, this application does not need to be evaluated for Small Scale Rezoning . Suggested Statement-of-Consistency: Staff concludes that the requested rezoning to Commercial is compatible with Hamett County regulatory documents and would not have an unreasonable impact on the surrounding community based on the existing nonresidential uses in this area as well as within the area therefore it is recommended that this rezoning request be approved. Mr. Locklear commented this is one of those instances where you have a non-residential use that has been a non-residential use for years , it just happens to sit on a residential piece of property in a commercial area. May 20, 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 4 of7 071519 HCBOC Page 66 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. Vice Chairman Penny 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 on this site as well as within the area. Commissioner Miller seconded the motion, which passed 4 to 0. Mr. Locklear petitioned the Board for a public hearing regarding proposed zoning change: Case # PLAN1904-0001 Landowners/Applicants: Barbara Jones; 5.33 acres ; Pin #'s 1528-52-9101, 1528-52-1018, and l 528-61-2922; From Commercial to RA-30 Zoning District; US 301 N, Neill's Creek Township. Mr. Locklear reported that the site currently has one parcel occupied by a house, the other an auto repair facility. Services available include Hamett County public water and private septic tank. Mr. Locklear noted that on May 6 , 2019, the Hamett County Planning Board voted unanimously (5-0) to recommend approval of this application based on compatibility with the surrounding uses. He said no one spoke in opposition. Mr. Locklear stated staffs evaluation as: The IMP ACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The requested zoning change to RA-30 will not have a negative impact on the community since one site has been used as a residence for many years, and the other site's use of an auto repair shop is an allowable Conditional Use in RA-30. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning to RA-30 is compatible with the Land Use classification of Compact Mixed Use area. These areas with access to major thoroughfares & utilities are incorporate a mix of residential and nonresidential uses. The proposal does ENHANCE or maintain the public health , safety and general welfare. REASONING: The requested rezoning to RA-30 would maintain the public health, safety and general welfare due to the existing residential uses within the area. The request is NOT for a SMALL SCALE REZONING and should be NOT be evaluated for reasonableness. REASONING: Due to the total acreage of all of the parcels, the application does not need to be evaluated for Small Scale Rezoning. Suggested Statement-of-Consistency: Staff concludes that the requested rezoning to RA-30 would not have an unreasonable impact on the surrounding community as it is complaint with the County's Land Use Plan as well as due to the presence of the existing residential uses in the area therefore it is recommended that this rezoning request be approved. Mr. Locklear said he believes it is the intent of the applicant not to reopen the auto repair facility once it eventually closes . May 20, 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 5 of7 071519 HCBOC Page 67 Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. Cameron Benson, the applicant's grandson, addressed the Board. Mr. Benson said he is trying to purchase the house and cannot obtain a residential mortgage for property that is zoned Commercial. Seeing no one else move, Chairman Springle closed the public hearing. Vice Chairman Penny moved to approve the requested rezoning to RA-30 as it would not have an unreasonable impact on the surrounding community based on the existing residential use on site, other residential uses in the area , and compliance with the County's Land Use Plan. Commissioner Miller seconded the motion, which passed 4 to 0 . Brian Haney, one of the Assistant County Managers, presented the request for approval of a Capital Project Ordinance for the "Shawtown Area Community Center Feasibility Study." This project includes the preparation of a conceptual site plan, development of a rendered site plan and building evaluation plan, and preliminary estimation of construction costs for a community center to be constructed by the Shawtown Alumni Association on property the Association acquired from Hamett County behind the former Shawtown School. The County gave the property to the Alumni Association in 2012 with the requirement that a community center be constructed on the property by 2032 . This project will be funded through a $10,000 grant-in-aid, which Hamett County was awarded for the development of this project. Mr. Haney explained no County funds are included in this project and the money will flow through us to them. Commissioner McKoy moved to approve the Capital Project Ordinance for the "Shawtown Area Community Center Feasibility Study". Commissioner Miller seconded the motion. This project ordinance was approved by a majority ( 4-0) of the Board but shall be reconsidered at the next regular meeting of the Board. Barry Blevins, Hamett County General Services Director, sought consensus by the Board regarding Option #1 or Option #2 for the exterior concept for the Terminal Design. Commissioners asked staff to first get the Hamett Jetport Committee's recommendation for the exterior concept and then bring it back to the Board for consideration. Mrs. Stewart requested approval of a Project Budget Ordinance Amendment to increase the project budget to reflect the estimated cost of $24,027,257 for the new Hamett County Resource Center and Library, DSS building addition and site improvements. Commissioner McKoy asked ifthere were any grant funds available to apply to the cost of this facility. Mrs. Stewart responded that the County would get a small reimbursement from the State for the DSS expansion part of the project. Commissioners asked staff to estimate how much money the County will save in rent costs once the new building is occupied. Vice Chairman Penny moved to approve the increase in the project budget with financing for $23,000,000 of the project cost and authorizing County staff to seek alternative methods of funding the FF&E cost of the project. Commissioner McKoy seconded the motion. This project ordinance was approv ed by a majority of the Board, 3-1 with Miller opposing, but shall be reconsidered at the next regular meeting of the Board. May 20, 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 6 of7 071519 HCBOC Page 68 Mrs. Stewart presented the following report: Hamett County Public Health Activities Summary -April 2019 Mrs. Stewart addressed some concerns raised earlier by Erwin residents . She confirmed the Board previously agreed to fund two new schools. Mrs. Stewart noted that Hamett County Schools are currently in the process of selecting an architect for the Erwin project and once that is done staff can work together to go before the Local Government Commission. She said there is a process that has to take place; staff is working as hard as they can to be ready when the School Board presents a plan. There was no new business. Commissioner McKoy moved that the Board go into closed session for the following purposes: 1) Consultation with the County's legal staff in order to preserve the attorney-client privilege concerning the handling of certain claims and litigation including: a. Workers Compensation claim of Catherine G. Dawson LC. File No. 17-054128 b. Workers Compensation claim of Michael Stinecipher LC. File No. 19-002954; and 2) To instruct the County staff concerning the position to be taken by the County in negotiating a contract for the acquisition of real property; and 3) To discuss certain economic development matters. This motion is made pursuant to N .C. General Statute Section 143-318.1 l(a)(3)(6)&( 4). Commissioner Miller second the motion that passed 4 -0. Vice Chairman Penny moved that the Board come out of closed session. Commissioner Miller seconded the motion that passed 4-0. Commissioner McKoy moved to adjourn the meeting at 7:39 pm. Vice Chairman Penny seconded the motion, which passed 4-0. Gordon Springle, Chairman Margaret Regina Wheeler, Clerk May 20, 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 7 of7 071519 HCBOC Page 69 ATTACHMENT 1 RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE COUNTY MANAGER TOW AIVE ANIMAL ADOPTION FEES WHEREAS, the laws of the State of North Carolina, and in particular North Carolina General Statute § I 53A-I 02, authorize the Hamett County Board of County Commissioners to fix fees and commissions charged by county officers and employees for performing services or duties permitted or required by law; and WHEREAS, the Board of Commissioners adopted a rate/fee schedule for the Harnett County Animal Services Department ("Animal Services"); and WHEREAS, it is necessary to waive certain Animal Services fees in specific situations to ensure the efficient and safe operation of the Hamett County animal shelter and to protect the health and well-being of the shelter animals; and WHEREAS, North Carolina General Statute § I 53A-l 2 authorizes the Board of Commissioners to delegate responsibility for any function or activity to others as it sees fit, unless specifically precluded by statute, by ordinance or resolution; and WHEREAS, the Board of Commissioners is authorized to delegate the authority to waive Animal Services fees and desires to delegate such authority to the County Manager. NOW, THEREFORE, be it resolved by the Hamett County Board of Commissioners as follows: I . The County Manager, upon consultation with the General Services Director, may waive one or more of the fees listed in the then current Animal Services rate/fee schedule when the Harnett County animal shelter is at or near capacity, for "clear the shelter" and other adoption events, to prevent the spread of illness and/or disease to healthy animals at the shelter, or for any other reason deemed reasonably necessary by the County Manager and the General Services Director. 2 . A waiver of Animal Services fees shall be temporary and shall cease when the shelter is at or below 50 percent capacity, when the event prompting the waiver has ended, or when illness or disease no longer poses a threat to the health of the shelter animals. Duly adopted by the Hamett County Board of Commissioners this JQ_~ay of May, 2019. HARNETT COUNTY BOARD OF COMMISSIONERS By I ).,,~ I' A --"\ro~o,...:i~e::...do_n_S_pn-.:.....,....=-, ~-=:,,,._"'" ........ ---------- Chairman of the Board of Commissioners 071519 HCBOC Page 70 Agenda Item ___.;5:;..;;;B;;.._""""' COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Hamett, North Carolina, that the following amendment be made to the annual budget ordinance for the fi scal year ending June 30, 2020. Section I. To amend the Capital Reserve Communcation Fund, the appropriations are to he changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB D ESCRIPTION OF CODE INCREASE DECREASE 5 144 591 544050 SOFTWARE MA INT & SUPP $441,603 REVENUE AMOUNT O RG OBJECT PR OJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE 5143900 390990 FUND BALANCE APPR $441,603 EXPLANATION: This i s an es tamated contract price for the implmemenation and upgrade of our current 911 computer aided dispatc h software. We have requested approval for funding from the 9 11 board that may cover mo r e th an 50% o f the entire project cost. APPROVALS: DECREASE th.~~~ County Manager (date) Secti on 2. Copies of thi s budget am endm ent s hall be furni shed to the C lerk to the Board, and to th e Budget Officer and the Finance Offi cer for their direc ti on. Prtparcd by. Adopted this ___ day of ________ , 20 __ . M argaret Regina Wheeler, Clerk to th e Board iball G ordon Spring le, Chairman Board of Commi ssioners Daic: ,,..<,,,..,, 071519 HCBOC Page 71 COUNTY Of HARNETT BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Boord of the County of Harnett. Norlh Carolina. lhot the following amendment be mode to the annual budget ordinance for lhe fiscal year ending June 30, 2020. Section 1. To amend the Public Safety Fund . Emergency Response Planning . the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 2104410 502010 Sa laries & Woaes $22.637 2104410 503030 401 K -General $443 2104410 505010 Fico $ 1.694 21044 10 505050 State Retirement $1.72 9 2104410 5060 10 Medical Insu ra nce $4 ,615 21044 10 506020 Dental Insurance $173 2104410 506040 Life Ins urance $1 6 210 441 0 5070 10 Unemolo vment Insurance $222 2104410 50 7030 Workers Comoensotion $346 21044 10 507050 Emolovee Clinic $150 2104410 521010 Ja n itorial Sunn lies $250 2104410 521030 Uniforms $1 ,000 2104410 522010 Food & Provisions $500 2104410 523010 Books. Media. Publications .'t 500 21044 10 523030 Public Sofetv Sunrlies $644 2104 4 10 524010 M&R Sunnlies -Buildinos i500 21044 10 524020 M&R Sunnlies -Enuinment $1,000 2104410 525090 Vehicle Sunnlies -Other $500 2104410 526010 O ffice Sunnlies M ,000 21044 10 53 1020 Troin ina Meals $1,760 2104410 531030 Troinina Lodoi na $2,850 2104410 531050 Tro ininn Ren is trotion $].900 2104410 532010 Te leohone Service $1,500 2104410 533040 Coble/Sot elite $2.725 2104410 534010 Printina $100 2104410 535010 R&M Buildinns $500 2104410 535020 R&M Eauinment $500 2104 410 535030 R&M Vehicles $500 2104410 535090 R&M Com munication Eau i oment $500 2104 410 543040 Rental • Comouters $2,226 2104 4 10 544050 Sof tware Main! & Sunnort $16.850 2 104410 548000 Dues & Subscrintions $2,170 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE 2 1 03800 380840 Contributions & Donations EXPLANATION: To decrease budget In FUND 210 due to Emergency Response Plannlng being moved to FUND 214. ~ ,.u P~.~.)L.,,-.. APPROVALS : ) (~ Dept Head (dote) · once Offic racy~ -l ~ County Manager (dote) Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Boord. and to the Budget O~c~~n~'l the Finance Officer for their direction . Adopted this ___ day of ________ . 20 __ . Margaret Regino Wheeler. Clerk to the Boord Gordon Springle, Chairman Boord of Commissioners DECREASE $75,000 071519 HCBOC Page 72 COUNTY OF HAR N En BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by t he Governing Board of t he County o f Hamett. North Carolina . that the following amendment be mad e to the annual bud get ordinance for the fisc a l year ending June 30, 2020. Section 1. To amend the General Fund, Airport Capital Projects , the appropriations are to be changed a s EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 5204650 598400 lnterfund Tra ns - Capit o l Pro i. $27.7 70 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB -TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 5203900 390990 Fund Balance Aooro prio ted $2 7,770 EXPLANATION : To transfer funds to the Harnett Regional Jetport Aircraft Apron and Hellpad Design proj ect. (HRJAE) APPROVALS : ~R~~/f ~ I~, I ,i,J:h:,..JW-: DeptHead{dote er~-{J, · ' County Ma nager (dot e t,---<i.,5 Secti on 2. Copies o f this budget a mendment shall b e fu rni she d to the C lerk to the Boord, and to th e Budget Offi cer and th e Finance O fficer for the ir d irection. Adopted this ___ day of _______ , 20 _. M argare t Regin o Wh eele r, C le rk to t he Bo ord Gordon Spring le, Chairman Boord of Com mission ers 071519 HCBOC Page 73 COUNTY OF HARNETT 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, 2020. Section 1. To amend the G ....... -:! !":.; .. ..;, Airc raft Apron & Hellpad Design , the appropriations are to be EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 4204650 519040 HRJAE PFRSV 35.7.1 ENGIN HRJ Aircraft Aoron Enaineerina $15.440 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 4204650 330210 HRJAE FEDERAL NCTOl 35.7.1 HRJAE Federal Fundina $13,896 4203900 390985 HRJAE INTERF TRNSFJN CAPITALRES Capital Reserve $1,544 EXPLANATION: North Caronna Department of Transportation awarded addfflonal funds for the Aircraft Apron Design project (HRJAE). Budget amendment Is to Increase the project to reflect the addffional award. APPROVALS : Section 2 . Copies of this budget amendment shall be furnished to the and the Finance Officer for their direction. Adopted this ___ day of _______ , 20 _. Margaret Regina Wheeler. Clerk to the Board ~~r::: County Manaate) -"")~ r 1-i, Jerk to the Board. and to the Budget Officer Gordon Springle, Chairman Board of Commissioners 071519 HCBOC Page 74 COUNTY OF HARNEn BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Boord of the County of Harnett. North Carolina, that the following amendment be mode to the annual budget ordinance for the fisca l year ending June 30, 2020. Section 1. To amend the General Fund, Airport Capital Projects , the appropriations are to be changed as EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 5204650 598400 lnterfund Trans • Caoital Proi. $1,544 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 5203900 390990 Fund Balance Aooroprialed $1,544 EXPLANATION: To transfer funds to the Harnett Reglonal Jetport Aircraft Apron and Hellpad Design project. (HRJAE) APPROVALS: ~~#-' ~-;h/5 Dept Head (dale) County Manager (date) 1..--G ---,c, Section 2. Copies of this budget amendment shall be furnished to the Clerk lo the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this ___ day of _______ . 20 _. Margaret Regina Wheeler, Clerk to the Board Gordon Springle, Chairman Board of Commissioners 071519 HCBOC Page 75 Date run: 7/10/2019 3:49:29 PM Data as of: 7/9/2019 8:10:43 PM TR-304 Bill Release Report Report Parameters: Release Date Start: 6/1/2019 Release Date End: 6/30/2019 Tax District: ALL Default Sort-By: Grouping: Bill #,Taxpayer Name,Release Date,Billing Date,Operator ID, Release Amount Release Reason Bill# Taxpayer Name RELEASE REASON: Address change Operator ID (Name) 0002259736-2018-2018-0000-00-REG VANDERGRIFF, CLYDE HOWARD JR 8/21/2018 KIMBERLY BAKER Subtotal RELEASE REASON: Adjustment 0000003803-2018-2018-0000-00-REG BAYLES, JERRY RAY SR 0000003803-2018-2018-0070-00-DLD BAYLES, JERRY RAY SR 0000050027-2014-2014-0000-00-REG SPRUILL, MELISSA CARROLL 0000050027-2014-2014-0070-00-DLD SPRUILL, MELISSA CARROLL 0000050027-2015-2015-0000-00-REG SPRUILL, MELISSA CARROLL 0000050027-2015-2015-0070-00-DLD SPRUILL, MELISSA CARROLL 0000050027-2016-2016-0000-00-REG SPRUILL, MELISSA CARROLL 0000050027-2016-2016-0070-00-DLD SPRUILL, MELISSA CARROLL 0000050027-2017-2017-0000-00-REG SPRUILL, MELISSA CARROLL PAGE 1 of4 8/11/2018 MARGARET WRIGHT 8/11/2018 MARGARET WRIGHT 8/9/2014 MARGARET WRIGHT 11/19/2015 MARGARET WRIGHT 8/8/2015 MARGARET WRIGHT 11/19/2015 MARGARET WRIGHT 8/6/2016 MARGARET WRIGHT 8/6/2016 MARGARET WRIGHT 8/19/2017 MARGARET WRIGHT NCPTS V4 -. 6/27/2019 17.31 6/24/2019 424.01 6/24/2019 0.00 6/24/2019 2,184.37 6/24/2019 0.00 6/24/2019 2,193.32 6/24/2019 0.00 6/24/2019 2,157.83 6/24/2019 0.00 6/24/2019 2,177.58 Agenda Item 5C Release Amount($) 17.31 17.31 424.01 45.68 2,184.37 1,028.51 2,193.32 1,019.56 2,157.83 256.74 2,177.58 -0.00 0.00 -45.68 0.00 -1,028.51 0.00 -1,019.56 0.00 -256.74 0.00 071519 HCBOC Page 76 Bill# Taxpayer Name 0000050027-2017-2017-0070-00-DLD SPRUILL, MELISSA CARROLL 0000050027-2018-2018-0000-00-REG SPRUILL, MELISSA CARROLL 0000050027-2018-2018-0070-00-DLD SPRUILL, MELISSA CARROLL 0000058523-2015-2015-0000-00-REG WEST, PETER Ill 0000058523-2016-2016-0000-00-REG WEST, PETER Ill 0000058523-2017-2017-0000-00-REG WEST, PETER 111 0002179448-2019-2018-0000-00-REG JOSEPH, DRELIEN 0002259562-2018-2018-0000-01-REG MOORE, ROBERT DEAN 0002260048-2018-2018-0000-00-REG EVANS, RODNEY M 0002260120-2018-2018-0000-00-REG BATTS, TIMOTHY JAMES 0002260438-2018-2018-0000-00-REG WALDEN, GARRY BABEN 0002260438-2018-2018-0000-01-REG WALDEN, GARRY BABEN 0002264275-2019-2014-0000-00-REG COLLINS, CECIL RYAN Subtotal RELEASE REASON: Assessed In Err 0001997252-2012-2012-0000-00-REG SMITH, CRAIG Subtotal RELEASE REASON: Deferred Bill 0000003803-2018-2018-0070-01-DLD BAYLES, JERRY RAY SR 0000050027-2014-2014-0070-01-DLD SPRUILL, MELISSA CARROLL 0000050027-2015-2015-0070-01-DLD SPRUILL, MELISSA CARROLL 0000050027-2016-2016-0070-01-DLD SPRUILL, MELISSA CARROLL PAGE 2 of4 Operator ID (Name) 8/19/2017 MARGARET 6/24/2019 WRIGHT 8/11/2018 MARGARET 6/24/2019 WRIGHT 8/11/2018 MARGARET 6/24/2019 WRIGHT 8/8/2015 MARGARET 6/24/2019 WRIGHT 8/6/2016 MARGARET 6/24/2019 WRIGHT 8/19/2017 MARGARET 6/24/2019 WRIGHT 5/31/2019 CRYSTAL 5/31/2019 THOMAS 8/21/2018 JANNA HIGDON 6/25/2019 8/21/2018 KARA DANIELS 6/10/2019 8/21/2018 APRIL DIAZ 6/26/2019 8/21/2018 AMY BAIN 6/12/2019 8/21/2018 CRYSTAL 6/25/2019 THOMAS 6/24/2019 APRIL DIAZ 6/24/2019 10/1/2012 JANNA HIGDON 6/14/2019 8/11/2018 MARGARET 6/24/2019 WRIGHT 11/19/2015 MARGARET 6/24/2019 WRIGHT 11/19/2015 MARGARET 6/24/2019 WRIGHT 8/6/2016 MARGARET 6/24/2019 WRIGHT -. 0.00 2,177.58 0.00 12.75 12.75 12.75 202.57 99.44 23.45 77.00 60.98 121.97 57.47 33.89 19.29 1,035.91 1,035.91 316.85 Release Amount($) 293.28 2,177.58 293.28 11.90 11.90 11.90 5.65 99.44 23.45 72.29 60.98 60.99 57.47 14,667.71 33.89 33.89 19.29 1,035.91 1,035.91 316.85 -. . -293.28 0.00 -293.28 0.85 0.85 0.85 196.92 0.00 0.00 4.71 0.00 60.98 0.00 0.00 0.00 0.00 0.00 0.00 071519 HCBOC Page 77 Bill# Taxpayer Name 0000050027-2017-2017-0070-01-DLD SPRUILL, MELISSA CARROLL 0000050027-2018-2018-0070-01-DLD SPRUILL, MELISSA CARROLL Subtotal RELEASE REASON: Duplication 0002260767-2018-2018-0000-00-REG JOYNER, BRIAN CORY Subtotal RELEASE REASON: Less than min amt 000226427 4-2019-2018-0000-00-REG PRZYBYLA, ANNA MARIE Subtotal RELEASE REASON: Military 0002259374-2018-2018-0000-00-REG RAYMAN, DONALD JOSEPH 0002259666-2018-2018-0000-00-REG AGUILAR, ANTHONY BAILEY 0002260356-2018-2018-0000-00-REG MATTINGLY, KIM C 0002260365-2018-2018-0000-00-REG KNOLL, LINDSEY HOPE 0002260852-2018-2018-0000-00-REG RICHARDSON, OMAR ANTON Subtotal RELEASE REASON: Not in County 0001885402-2018-2018-0000-00-REG NCRE GROUP INC Subtotal RELEASE REASON: SMALL UNDERPAYMENT 0000004621-2018-2018-0000-00-REG BETHEA, WILLIAM ROSCOE 0000009030-2018-2018-0000-00-REG CAMERON, NETTIE J 0000017534-2018-2018-0000-00-REG FEIN, CHONG SUK 0000039423-2018-2018-0000-00-REG NEWELL, DONNA J PAGE 3 of4 Operator ID (Name) 8/19/2017 MARGARET WRIGHT 8/11/2018 MARGARET WRIGHT 8/21/2018 AMY BAIN 6/24/2019 APRIL DIAZ 6/24/2019 6/24/2019 6/11/2019 6/24/2019 8/21/2018 JANNA HIGDON 6/12/2019 8/21/2018 DINA BYRD 6/14/2019 8/21/2018 AMY BAIN 6/12/2019 8/21/2018 AMY BAIN 6/4/2019 8/21/2018 AMY BAIN 6/3/2019 8/11/2018 SHERRY LOCKAMY 8/11/2018 KIMBERLY BAKER 8/11/2018 YVONNE MCARTHUR 8/11/2018 KARA DANIELS 11/1/2018 YVONNE MCARTHUR 6/6/2019 6/7/2019 6/28/2019 6/24/2019 6/27/2019 -' 352.35 352.35 44.20 2.58 74.49 22.14 30.63 108.88 37.57 13.76 265.28 1,261.02 328.53 63.39 Release Amount($) 352.35 352.35 3,112.66 44.20 44.20 2.58 2.58 74.49 22.14 15.32 108.88 37.57 258.40 13.76 13.76 0.62 0.07 0.01 0.31 -' 0.00 0.00 0.00 0.00 0.00 0.00 15.31 0.00 0.00 0.00 264.66 1,260.95 328.52 63.08 071519 HCBOC Page 78 Bill# Taxpayer Name 0000053127-2018-2018-0000-00-REG TAYLOR, MARION 0000058523-2015-2015-0000-00-REG WEST, PETER Ill 0000058523-2016-2016-0000-00-REG WEST, PETER 111 0000058523-2017-2017-0000-00-REG WEST, PETER Ill 0002082880-2018-2018-0000-00-REG BOND, RUHAMA LEA 0002246868-2018-2018-0000-00-REG NORRIS, WILBURN DEVON 0002255512-2018-2018-0000-00-REG VANHOUTEN, BERT FRANKLIN II 0002258256-2018-2018-0000-00-REG DEWING, JEFFERY LEE Subtotal RELEASE REASON: Vehicle Sold 0001657359-2009-2009-0000-00-REG CHAVIS, DEBORAH LOUISE Subtotal Total PAGE4of4 Operator ID {Name) 8/11/2018 YVONNE 6/13/2019 MCARTHUR 8/8/2015 KIMBERLY 6/24/2019 BAKER 8/6/2016 KIMBERLY 6/24/2019 BAKER 8/19/2017 KIMBERLY 6/24/2019 BAKER 8/11/2018 YVONNE 6/3/2019 MCARTHUR 8/11/2018 JANNA HIGDON 6/25/2019 8/11/2018 AMY BAIN 6/3/2019 8/11/2018 KIMBERLY 6/21/2019 BAKER 4/1/2010 AMY BAIN 6/6/2019 -. 647.92 12.75 12.75 12.75 167.00 4.60 62.64 11.81 51.94 Release Amount{$) 0.71 0.85 0.85 0.85 0.27 0.10 0.26 0.27 5.17 47.61 47.61 18,203.29 -. 647.21 11.90 11.90 11.90 166.73 4.50 62.38 11.54 4.33 071519 HCBOC Page 79 Board Meeting Agenda Item Agenda Item SD MEETING DA TE : July 15, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Resolution Adopting Local Water Supply Plan for 2018 REQUESTED BY : Steve Ward, HRW Director REQUEST: This is a formal request for the Board to approve a resolution adopting the 2018 Local Water Supply Plan for the Hamett Regional Water System. It is a state requirement that public water systems adopt a plan every 5 years. HR W prepares a plan every year but the upcoming 2018 Local Water Supply Plan will become the new official plan for HRW for the next five year period. Attached is a copy of the 2018 plan for your review. Please place this item on the consent agenda at the next available meeting. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: \\hcfi lea\Puusers\sward\My Documen ts\Local Wate r Supply Plan\L WSP Reso lu t ion Agend a Req ue st 6 -1 2-1 9.docx Page I of I 071519 HCBOC Page 80 RESOLUTION FOR APPROVING LOCAL WATER SUPPLY PLAN WHEREAS, North Carolina General Statute 143-355 (I) requires that each unit of local government that provides public water service or that plans to provide public water service and each large community water system shall, either individually or together with other units of local government and large community water systems, prepare and submit a Local Water Supply Plan ; and WHEREAS, as required by the statute and in the interests of sound local planning, a Local Water Supply Plan for Harnett Regional Water, has been developed and submitted to the Harnett County Board of Commissioners for approval ; and WHEREAS , the Harnett County Board of Commissioner finds that the Local Water Supply Plan is in accordance with the provisions of North Carolina General Statute 143-355 (1) and that it will provide appropriate guidance for the future management of water supplies for Harnett Regional Water, as well as useful information to the Department of Environmental Quality for the development of a state water supply plan as required by statute; NOW , THEREFORE, BE IT RESOLVED by the Board of Commissioners of Harnett County that the Local Water Supply Plan entitled , Harnett Regional Water System dated 2018, is hereby approved and shall be submitted to the Department of Environmental Quality, Division of Water Resources; and BE IT FURTHER RESOLVED that the Harnett County Board of Commissioners intends that this plan shall be revised to reflect changes in relevant data and projections at least once every five years or as otherwise requested by the Department, in accordance with the statute and sound planning practice. This the ____ day of _______ , 2019. Name: ________________ _ Title: ________________ _ Signature:---------------- ATTEST : 071519 HCBOC Page 81 Hamett Regional Water System 2018-..] The Division of Water Resources (DWR) provides the data contained within this Local Water Supply Plan (LWSP ) as a courtesy and service to our customers . DWR staff does not field verify data. Neither DWR, nor any other party involved in the preparation of this LWSP attests that the data is completely free of errors and omissions . Furthermore , data users are cautioned that LWSPs labeled PROVISIONAL have yet to be reviewed by DWR staff. Subsequent review may result in significant revision . Questions regarding the accuracy or lim itations of usage of this data should be directed to the water system and/or DWR. 1. System Information Contact lrfonnation Water System Na me · Mailing Address: Contact Person · Phone : Secondary Contact: Mai li ng Address: Distribution System Hamett Reg ional Water System P. 0. Box 1119 Lillington , NC 27546 Allan O'Briant 910-893-7575 Steve Ward P. 0 . Box 1119 Lillington , NC 27546 PWS ID : 03-43-045 Ownership: County Title: Water Plant Supervisor Cell/Mobile: 910-984-6894 Phone : 910-814-3042 Cell/Mobile: 910-890-0394 Line Type Asbestos Cement Size Range (Inches ) 6-16 Ductile Iron Polyvinyl Chloride What are th e estimated total mi les of distribution system lines? 1,448 Miles How many feet of distribution li nes were rep laced du ring 2018? 1 ,520 Feet How m any feet of new wa te r mains were added during 20 18? 111 ,450 Feet How many meters were repla ced in 2018? 844 H ow old are the oldest meters in this system ? 63 Year(s) 4-36 2-16 How many meters for outdoor water use , such as irrigati on , are n ot billed for sewer services? 207 What is this system's finished water storage capacity? 24.8500 Million Gallons Complete Estimated % of lines 3.45 % 6 .23 % 90.32 % Has water pressure been inadequate in any part of the system since las t update? Line breaks that were repaired quickly should not be included. No Finished Water Storage Capacity does not include a 3.0 m ill ion gallon clearwell at the water treatmant plant, because th is is a chlorine contact chamber for CT and it's effluent still needs additional treatment. Programs Does this system have a program to work or flush hydrants? Ye s, Quarterly Does thi s system have a valve exercise program? Yes , As Needed Does this system have a cross-connection program? Yes D oes th is system have a program to rep lace meters? Yes D oes this system have a plumbi ng retrofi t program? No Does this system h ave an active water conservation public educa tion program? No Does this system have a leak detection program? No Hydrants and Blowoffs worked and flushed by Water Quality Maintenance Staff with th e emphasis on dead ends, low usage areas and areas they have on monthly. bi-monthly and quartely flush schedule . Each Fire District also inspects. test and flu sh hydrants for insurance rating and maintaining availability in fire suppression emergencies. Wa•cr Co 1sc-rvat1on What type of ra te str ucture is used? Uniform How much reclaimed water does t111s system use? 0.0000 MGD For how many connecti ons? 0 Does this system have an inte rconnection with another system capable of providing water in an emergency? No Interconnections will provi de limited supply to our w ater distribution system due to the Harnett Regional Water system coverage area and the 1448 miles of di stribution water line s. 071519 HCBOC Page 82 2. Water Use Information Service Area Sub-Basin(s) Cape Fear River (02-3) South River (02-4) % of Service Population 85% 15% What was the year-round popula tion served in 20 18? 98,905 Has th i s system acquired another system since last report? No County(s) Hamett Cumberland Wake % of Service Population 89% 8% 3% Major change to LWSP map is the 20 inch transmission main from Li ll ington to West Central Tank 1 and the West Central Booster St ation 2 Water Use by Type Type of Use Metered Connections Residential 39,169 Commercial 708 Industrial 11 Institutional 29 Metered Average Use (MGD) 5.1520 0.3750 0.0100 0.1830 Non-Metered Con nections 0 0 0 0 How much water was used for system processes (backwash , line cleaning, flus hing , etc.)? 1.9930 MGD Non-Metered Estimated Us e (MGD) 0.0000 0.0000 0.0000 0 .0000 NPDES metered outfall is a total of Backwashing and Filter to Waste of filters, GAC filters and sludge blowdown decant -Combined Daily Average= 1.90 1 + Plant Process daily average= 0.053 + Distribution flushing daily average= 0.039 -----------System Process Daily Average= 1 .993 MGD NPDES Insertion meter calibrated in July -it was reading h igher num bers than actual. Water Sales Average Contract Required to Pipe Purchaser PWSID Daily Days comply with Size(s) Use Sold Used water Type (MGD) MGD Expiration Recurring use restrictions? (Inches) Angier 03-43-0.4540 365 2.0200 2017 Yes Yes 16 Regular 015 Bragg Comm./NTA Water 50-43-0.2450 365 0 .8000 2053 Yes Yes 16 Regular System 001 Campbell University 03-43-0.1190 365 0 .2500 2013 Yes Yes 20 Regular 030 Coats 03-43-0.1390 365 0.7200 2017 Yes Yes 12 Regular 020 Dunn 03-43-0.0000 0 2.5000 Yes No 12 Emergency 010 East Moore Water District 50-63-1.0340 365 3.0000 2042 Yes Yes 16 Regular 011 Fort Bragg Water System 50-26-4.2080 183 8.0000 2046 Yes Yes 24 Regular 019 Fuquay Varina 03-92-1.8410 365 2.0000 2040 Yes Yes 12&36 Regular 055 Holly Springs 03-92-2.6790 365 10.0000 2048 Yes Yes 36 Regular 050 Johnston County 03-51-1.0880 365 2.6000 2056 Ye s Yes 12&12 Regular 070 Lillington 03-43-0 .4040 365 2.0000 2017 Yes Yes 16 Regular 025 Linden 03-26-0 .1240 365 0.2500 2031 Yes Yes 6 Regular 045 Spring Lake 03-26 -0.3830 365 0 .5000 2006 Yes Yes 8 Regular 020 Woodlake 03-63-0.1260 365 0.1400 1999 Yes Yes 6 Regular 114 We supply Fort Bragg Water System on an alternating day arrangement with PWC . thu s the 183 days u sed . Ft Bragg yearly average 2.104 MGD x 2 for 4 .208 MGO to r epresent supplying every other day. 071519 HCBOC Page 83 The Holly Springs contract is based on a max day limit of 10 MGD. During the Jordan Lake Allocation application process , the max day limit was converted to an equivalent average day limit for State planning purposes. Holly Springs has chosen to use a max month value of approximately 6. 7 MGD, which is represented throughout their LWSP. 3. Water Supply Sources MoPthly W•thdrawal & P• ,rchase Average Daily Max Day Average Daily Max Day Average Daily Max Day Use (MGD) Use (MGD) Use (MGD) Use (MGD) Use (MGD ) Jan 20.7760 27.0700 May 21.4010 25.2600 Sep 20.4120 Feb 18.6010 20.6200 Jun 22.9080 27.8600 Oct 19.1410 Mar 17.6550 19.4400 Jul 22.0940 27.1400 Nov 18.0970 Apr 18.3 150 20.4800 Aug 19.9790 23.4300 Dec 17.7 550 Average Daily withdrawal inc ludes the Dunn average purchase of 0.025 MGD. Harnett Reg i onal Wate r System's 20 18 Monthly Withdrawals & Purchases o 30 I.!) ~ :,., 0 IQ 0 25 .... II) a. "' ..2 20 IQ I.!) C ~ 15 f Jan Feb Mar Apr Surface Water Sources Stream Reservoir Cape Fear Harnett County WTP Re servoir • May • • Jun Ju l Average Daily Withdrawal MGD 19.7440 Days Used 365 • Aug • • Sep Oct Maximum Day Withdrawal (MG D) 27.8600 • 0 No v De c Available Raw Water Supply MGD • Qualifier 68.3870 F • • Use (MGD) 23.9700 22.7000 20.2600 21.0100 Avg Daily Max Day Usable On-Stream Raw Water Supply Storage (MG) 61 .0000 • Qualifier C=Contract Amount , SY20=20-year Safe Yie ld, SY50=50-year Safe Yield. F=20% of 7010 or other instream flow requirement , CUA=Capacity Use Area Permit Surface Water Sources (continued) Stream Reservoir Cape Fear Harnett County WTP Reservoir Drainage Area (sq mi) 3,464 Metered? Yes What is this system's off-stream raw water supply storage capacity? 61 Million gallons Are surface water sources monitored? Yes, Daily Are you required to maintain minimum flows downstream of its intake or dam? No Does this system anticipate transferring surface water between river basins? Yes Sub-Basin Cape Fear Ri ver (02-3) County Hamett Year Offline Average daily withdrawal is based on 2018 Monthly Raw Water Treated Totals (East and West Pu lsator Train flow meters)+ 365 days. Water Purchases From Otl er Systr " Average Days Contract Required to Pipe S1ze(s) Seller PWSID Daily Purchased comply with water (MGD) Used MGD Expiration Recurring use restri ctions? (Inches) Apex 03-92-045 0.0000 0 0.0000 Yes 12 Cary 03-92-020 0.0000 0 0.0000 Yes 12 Dunn 03-43-010 0.0250 365 1.0000 2050 Yes Yes 16 Fuq uay Varina 03-92-055 0 .0000 0 1.3000 2029 Yes Yes 12 Use Type Regula r Use Type Emergency Emergency Regular Emergency 071519 HCBOC Page 84 Holly Springs 03-92-050 0 .0000 0 1.0000 2041 Yes Yes Johnston County 03-51-070 0 .0000 0 3.9000 Yes Yes Raleigh 03-92-010 0.0000 0 2.0000 Yes Yes Smithfield 03-51-010 0.0000 0 0.0000 Yes Yes Dunn Water System is the only system that we purchase water from daily. This supplies an isolate section of our distribution system . Wate, T,eatrnent Plant s Plant Name Hamett County Regional WTP Permitted Capacity (MGD) Is Raw Water Metered? Is Finished Water Ouput Metered? 42.0000 Yes Did average daily water production exceed 80% of approved plant capacity for five consecutive days during 2018? No If yes. was any water conservation implemented? Did average daily water production exceed 90% of approved plant capacity for five consecutive days during 2018? No If yes. was any water conservation implemented? Are peak day demands expected to exceed the water treatment plant capacity in the next 10 years? No Permitted WTP Capacity is 42.0 MGD . 80% = 33.6 MGD 90% = 37 .8 MGD . 4. Wastewater Information Monthly D ischarges Average Daily Discharge (MGD) Jan 11.3308 May Feb 12.5845 Jun Mar 11 .8996 Jul Apr 11.5965 Aug Average Daily Di scharge (MGD) 10.8094 11.2296 10.9721 14.3092 Yes Sep Oct Nov Dec Harnett Regional Water System's 2018 Monthly Di sc harges .. QJ Q. 14 Ill C 0 ':ii 1 2 I,!) C ~ 10 ~ Ja n Feb Mar Apr May How many sewer connections does this system have? 13,028 Ju n Jul Aug How many water service connections with septic systems does this system have? 27,271 Are there plans to build or expand wastewater treatment facilities 1n the next 10 years? No Sep Oct No v Dec 12 Emergency 12 Emergency 12 Emergency 12 Emergency Source Cape Fear River Average Daily Discharge (MGD) 16.2913 11.8429 14.1719 14.6236 • Avg Daily North Regional WWTP permitted capacity upgraded this year from 5.600 MGD to 7.500 MGD. This brought permitted capacity up to design capacity. Wastewater Perni1ts Permit Number NC0007684 NC0021636 NC0088366 Permitted Capacity (MGD) 42.0000 7.5000 15.0000 Design Capacity (MGD) 42.0000 7.5000 15.0000 Average Annual Daily Discharge (MGD) 1.9010 5.0560 5.6800 Maximum Day Discharge (MGD) 3.5430 22.4560 22.2710 Receiving Stream Cape Fear River Cape Fear River Lower Little River Receiving Basin Cape Fear River (02-3) Cape Fear River (02-3) Cape Fear River (02-3) NC0007684 Discharge Meter calibrated (July) using the metered backwash water. The pu lsa tor blowdowns decant water, which has no meter was held in sludge holding basin to get conpari son meter numbers (Fi lter Mag Meter versus NPDES Insertion Meter) to make discharge meter adjustment. 071519 HCBOC Page 85 Wastewater Interconnections Water System PWSID Type Average Daily Amount Contract MGD Days Used Maximum (MGD) Angie r 03-43-01 5 Receiving 0 .5800 365 1.0800 Bragg Comm./NTA Water System 50-43-001 Receiving 0 .2700 365 0 .8000 Fort Bragg Water System 50-26-019 Recei vi ng 4.0160 365 10.0000 Fuquay-Varina 03-92-055 Receiving 1.2980 365 2.6000 Lillington 03-43-025 Receiving 0.7730 365 1.2000 Sixth fu ll year receiving discharge from Fort Bragg Water System . Harnett County has verified the 10 MGD receiving contract from Fort Bragg . 5. Planning Proiections 2018 2020 2030 2040 2050 2060 Year-Round Population 98,905 124,372 143,823 163,274 182,725 202,176 Seasonal Population 0 0 0 0 0 0 Residential 5.1520 6 .7160 7.7660 8.8160 9.8670 10.9170 Commercia l 0 .3750 0.3901 0.4755 0 .5797 0.7067 0.8614 Industrial 0.0100 0.0102 0 .0112 0.0124 0 .0137 0.0151 Institutional 0 .1830 0 .1866 0.2062 0.2277 0.2516 0.2779 System Process 1.9930 2.0735 2.2457 2.4807 2 .7402 3.0269 Unaccounted-for 1.3102 1.6779 1 .9155 2.1682 2.4299 2.7018 Residual gallons per day per capita used = 54 ga llons. Used 2% per year growth fo r Commercial, 1 % Industrial per year growth , 1 % Institutional per year growth & 1% System Process per year growth. System Process does not include fi re department usage , insurance rating pressure testing and their regular regim ent of hydrant fl us h ing and testing. C f I U ,F-El f ~ 11 J ly 2018 2020 2030 2040 2050 2060 Surface Water Supply 68.3870 68.3870 68.3870 68.3870 68.3870 68.3870 Ground Water Supply 0.0000 0.0000 0.0000 0.0000 0 .0000 0.0000 Purchases 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 Future Supplies 0.0000 0 .0000 0 .0000 0.0000 0.0000 Total Available Supply (MGD ) 69.3870 69.3870 69.3870 69.3870 69.3870 69.3870 Service Area Demand 9.0232 11 .0543 12.6201 14.2 847 16.0091 17.8001 Sales 10.7458 32.2800 32.2800 32.2800 32.2800 32.2800 Future Sales 0.0000 0.0000 0 .0000 0 .0000 0.0000 Total Demand (MGD) 19 .7690 43.3343 44.9001 46.5647 48.2891 50.0801 Demand as Percent of Supply 28 % 62% 65% 67% 70% 72% 071519 HCBOC Page 86 Harnett Regional Water System's Projected Gallons Per Capita Per Day (GPCD) Over Time >. 150 Ill 0 '-QJ 0. ~ 100 • • C. • • • •--• Ill • Based on Year-Round Residential Use u Based on Total Use '-• QJ 50 I I I 0. V\ C: 0 Ill 0 t, 201 7 201 8 2020 2030 2040 2050 206 0 The purpose of the above chart is to show a general indication of how the long-ter m per capita wate r demand changes over time. The per capita water demand may actually be different than indicated due to seasonal populations and the accura cy of data submitted. Water systems that have calculated long-term per capita wa ter demand based on a methodology that produces different resu lts may submit their information in the notes fi eld. Your long-term water demand is 52 gallons per capita per day. What demand management practices do you plan to imp lement to reduce the per capita water demand (i.e. conduct regular water audits , implement a plumbing retrofit program , employ practices such as rainwater harvesting or reclaimed wa te r)? If these practices are covered elsewhere in you r pl an , ind icate where the practices are discussed here. Are the re other demand management pract ices you will implemen t to reduce your future supply needs? Have considered the possibility of purchasing Hansen Rock Quarry that will be mined out in the 2030s or 2040s and turning it into a reservoir for additional raw water supply. The Upper little River runs beside the quarry and would be the water source to be pumped into the reservoir. Have considered purchasing land next to the current water treatment plant for future expansion, since the current plant is land locked and has no more available real estate. What supplies other tha n the ones li sted in future supplies are being considered to meet your future supply needs? The Hansen Rock Quarry additional supply component would require devleopment planning of the new raw water supply and put in place the infrastructure to pump it to the current water treatment facility. One other possibility Is to develop a new water treatment facility near the new raw water supply source and have it pumped into the southern water distribution grid, which has the higher system demands. How does t he wa ter system intend to implement the demand management and supply planning components above? These are just ideas we are considering and nothing in concrete, because future planning forecast has not exceeded 80% of available raw water supply by year 2040 . The planning for future water needs also includes immediately all contracted sales , which we are currently using only 33% of the 32.280 mgd. Using the last three years average increase in sales to purchase systems of 0.347 mgd, I forecast only 18.310 mgd in sales for 2040. Additional Information Has thi s system participated 1n regional water supply or water use plann in g? Yes , We have invited and have neighboring water systems buy into our water plant capacity upgrades. We did this as the contract supplier, so we can meet their growing system demands. What major water supply reports or studies were used for planning? We looked at the water demand in different parts of our water system and our ability to easily supply that need, particularly during summer months. Our SCADA system lets us track and graph demands and flows of the water system . We have also completed the process of having a hydraulic model completed on our distribution system. Some of the hydraulic modeling has shown some areas that need improvement to meet demands and we are in the process of incorporating them . Please describe any other needs or issues regarding your water suppl y sourc es . any water system def1c1enc1es or needed improvements (s torage. treatment , etc .) or your ability to meet present and future wate r needs. Include both qu antity and quality considerations. as well as financial. technical. manageria l, permitting . and compliance issues: The West Central Water District has just finished a 20 inch water transmission main to West Central Tank #1 with the inclusion of a Booster Pump station at the half way point. The next area of distribution system demand that needs planning to meet future supply is the North Distribution system also called Metro distribution system. The Division of Water Resources (DWR) provides the data contained with in this Local Water Supply Plan (LWSP) as a courtesy and service to our customers . DWR staff does not field verify data. Neither DWR, nor any other party involved in the preparation of this LWSP attests that the data is completely free of errors and omissions. Furthermore, data users are cautioned that LWSPs labeled PROVISIONAL have yet to be reviewed by DWR staff. Subsequent review may result in significant revision. Questions regarding the accuracy or limitations of usage of this data should be directed to the water system and/or DWR. 071519 HCBOC Page 87 Agenda Item __;S=E--.....; Board Meeting Agenda Item MEETING DATE: June 17, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: North Carolina Department of Public Safety / Division of Emergency Management, State -Applicant Disaster Assistance Agreement and Resolution Designation of Applicant's Agent (Hurricane Florence). REQUESTED BY: Larry Smith, Emergency Services Director REQUEST: The attached docwnents are required to provide the States 25% assistance (reimbursement) for the Public Assistance program for Harnett County from the aftermath of Hurricane Florence. Federal assistance provides 75% and North Carolina provides the other 25% for the program. The Applicant Disaster Assistance Agreement is a Memorandum of Agreement between Harnett County and the North Carolina Dept. of Public Safety, Division of Emergency Management based on federal guidelines for reimbursement. This docwnent also appoints the Primary and Secondary Applicant Agents for the PA process. These documents require the approval of the Board of Commissioners. C:\Users\bstancil\Des ktop\agendaform2019 -NCEM AD AAA MOA and Resolution.docx I of2 Page 071519 HCBOC Page 88 North Carolina Department of Public Safety Division of Emergency Management APPLICANT: County of Hamett DISASTER: 4393 FEMA-DR-NC PUBLIC ASSISTANCE CFDA# 97.036 STATE -APPLICANT DISASTER ASSISTANCE AGREEMENT This Agreement made by and between the State of North Carolina, Dept. of Public Safety, Division of Emergency Management ("the State") and the County of Harnett (''the Applicant") shall be effective on the date signed by the State and the Applicant. It shall apply to all disaster assistance funds provided by or through the State to the Applicant as a result of the disaster called Hurricane Florence, and pursuant to the Disaster Declaration made by the President of the United States numbered FEMA-4393 -DR-NC. The designated representative of the Applicant (Applicant's Agent) certifies that: 1. He/She has legal authority to apply for assistance on behalf of the Applicant pursuant to a resolution duly adopted or passed by the Applicant's governing body. 2. The Applicant shall provide all necessary financial and managerial resources to meet the terms and conditions of receiving Federal and State disaster grant assistance. 3. The applicant shall use disaster assistance funds solely for the purpose for which these funds are provided and as approved by the Governor's Authorized Representative (GAR). 4. The Applicant is aware of and shall comply with cost-sharing requirements of Federal and State disaster assistance: specifically that Federal assistance is limited to 75% of eligible expenditures, and that State assistance is limited to 25% of the eligible costs. Alternate projects selected by the Applicant may be eligible for only 75% of the approved Federal share of estimated eligible costs. 5. The Applicant shall provide the following completed documentation to the State: • Designation of Applicant's Agent; • State-Applicant Disaster Assistance Agreement • Private Non-Profit Organization Certification (if required); • Summary of Documentation Form itemizing actual costs expended for large project payment requests; • Monthly Progress Reports; • Copies of Single Audit Reports as applicable. If the Applicant fails to provide any of the above documentation, the State will be under no obligation to reimburse the Applicant for eligible expenses. Reviewed I 0/2 3/201 2 P age I of 7 Rev. 06/0 2 071519 HCBOC Page 89 6. The Applicant shall establish and maintain a proper accounting system to record expenditures of disaster assistance funds in accordance with generally accepted accounting principals or as directed by the Governor's Authorized Representative. If applicable, the Applicant shall conduct audit(s) pursuant to the Single Audit Act of 1984, 31 U .S.C. :>7501 et. seq., 44 C .F.R. Part 14, 0MB Circular A-133, "Audits of States, Local Governments and Non-profit Organizations," and applicable North Carolina laws, rules and regulations. 7. The Applicant shall provide to the State monthly Progress Reports for all open large projects funded by State and Federal disaster assistance grants. The first Progress Report will be due on the 10th day of the first month following initiation of the project and subsequent Progress Reports will be due on the 10th day of each and every month thereafter until project completion. Forms and reporting requirements will be provided by the Governor's Authorized Representative. 8. The Applicant, its employees and agents, including consultants, contractors and subcontractors to be paid with funds provided under this Agreement, shall give State and Federal agencies designated by the Governor's Authorized Representative, full access to and the right to examine all records and documents related to the use of disaster assistance funds. 9. The Applicant shall return to the State, within thirty (30) days of a request by the Governor's Authorized Representative, any funds advanced to the Applicant that are not supported by audit or other Federal or State review of documentation maintained by the Applicant. 10. The Applicant shall comply with all applicable codes and standards in the completion of eligible work to repair or replace damaged public facilities . 11. The Applicant shall comply with all applicable provisions of Federal and State statutes, rules and regulations regarding the procurement of goods and services and regarding contracts for the repair and restoration of public facilities. 12 . The Applicant shall begin and complete all items of work within the time limits established by the Governor 's Authorized Representative and in accordance with applicable Federal and State statues, rules and regulations. 13. The Applicant shall request a final inspection within ninety (90) days after completion of each and every large project funded under this Agreement, or within ninety (90) days after the expiration of the time limit established for each project under Paragraph 12 above, whichever occurs first. Applicant shall present all supporting documentation to State and/or Federal inspectors at the time of final inspection. The State, as Grantee, reserves the right to conduct a final inspection of any large project after expiration of the ninety-(90) day period and to reimburse Applicant only for costs documented at the time of f"mal inspection. 14. The Applicant shall comply with all applicable Federal and State statutes, rules and regulations for publicly financed or assisted contracts including, but not limited to, non- discrimination , labor standard, and access by the physically handicapped. Rev iewed I 0/23/20 12 Page 2 of7 Rev. 06/02 071519 HCBOC Page 90 15. The Applicant's Designated Agent shall execute and comply with the Lobbying Prohibition docwnent incorporated herein as Attachment A. 16. The Applicant's Designated Agent shall execute and comply with the Statement of Assurances (SF 424D) document incorporated herein as Attachment B. 17 . The Applicant shall not enter into cost-plus-percentage-of-cost contracts for debris removal , emergency protective measures , or completion of disaster restoration or repair work. 18. The Applicant shall not enter into contracts for which payment is contingent upon receipt of State or Federal funds . 19 . The Applicant shall not enter into any contract with any entity that is debarred or suspended from participation in Federal Assistance. The State and/or FEMA will not be under any obligation to reimburse Applicant for payments made to a debarred or suspended contractor. Applicant may search for debarred or suspended contractors on the "Excluded Parties List System" (EPLS) at the following website: www.sam .gov . 20. The Applicant shall comply with the provisions of 42 U .S .C. 35155 (Section 312 of the Stafford Act) which prohibits duplication of benefits. Applicant shall notify State immediately if any other source of funds is available to offset disaster assistance provided pursuant to this Agreement. Applicant agrees that eligible costs under this Agreement will be reduced by duplicate benefits received from any other source. 21. The Applicant shall comply with all uniform grant administration requirements required by State and Federal statutes, rules and regulations, including but not limited to, the Robert T. Stafford Disaster Relief and Emergency assistance Act, Public Law 93-288, as amended, T itle 44 of the Code of Federal Regulations, applicabl e 0MB Circulars, and policy guidance issued by the Federal Emergency Management Agency (FEMA). 22. If the Applicant pays contractors, subcontractors or consultants with funds provided through this Agreement then the Applicant shall include language in all contracts that binds the contractor, subcontractor or consultant to the terms and conditions of this Agreement with the State. Contractual arrangements with contractors, subcontractors or consultants shall in no way relieve the Applicant of its responsibilities to ensure that all funds provided through this Agreement are administered in accordance with all State and Federal requirements. Revie wed I 0/23/20 I 2 Page 3 of7 Rev. 06/02 071519 HCBOC Page 91 Date 56-6000306 Applicant's Federal Tax J.D. Number (required) Date Reviewed 10/23/201 2 FOR THE APPLICANT: BY: ~A.~~ Signature Typed Name Title J FOR THE STATE: BY: ----------------Signature Typed Name Title Page 4 of7 Rev. 06/0 2 071519 HCBOC Page 92 ATTACHMENT A LOBBYING PROHIBITION The undersigned certifies, to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence either directly or indirectly an officer or employee of any State or Federal agency, a member of the N.C. Legislature, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-L. "Disclosure Form to Report Lobbying," in accordance with its instructions. ( c) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all recipients of funds under this Agreement shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U :S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. BY: ~~ ~--11-lC:, Signature of Applicant's Designated Agent Reviewed 10/23/2012 Page 5 of7 Rev .. 06/02 071519 HCBOC Page 93 ATTACHMENT B-1 ASSURANCES-CONSTRUCTION PROGRAMS 0MB Approval No. 0348-0042 Public reporting burden for this collection of information is estimated to average 15 minutes per response , including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington DC 20503 PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances . If such is the case , you will be notified . As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance , and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of the project costs) to ensure proper planning , management and completion of the project described in this application 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate , the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance ; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to a ss ure non-discrimination during the useful life of the project. 4 . Will comply by the requirements of the assistance awarding agency with regard to the drafting , review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such othe r information as may be required by the assistance awarding agency or State . 6 . Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest , or personal gain. Authorized for Local Reproduction Previous Edition Usable Page 6 of7 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C . 334728-2763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F .R. 900 , Subpart F). 9 . Will comply with the Lead-Based Paint Poison ing Prevention Act (42 U.S.C. 334801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statures relating to non- discrimination. These include but are not limited to : (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race , color or national origin ; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 331681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C . 3 794), which prohibits discrimination on the basis of handicaps; {d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 33 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P .L. 91-616), as amended relating to nondiscrimination on the basis of alcohol abuse or alcoholism ; (g) 33523 and 527 of the Public Health Service Act of 1912 (42 U.S.C . 332 90 dd-3 and 290 ee 3), as amended relating to confidentiality of alcohol and drug abuse patient records ; (h) Ti tle VIII of the Civil Rights Act of 1968 (42 U.S.C. 333601 et seq .), as amended relating to nondiscrimination in the sale, rental , or financing of housing ; (I) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made ; and, G) the requirements of any other nondiscrimination statute(s) which may apply to the application . Standard Form 4240 (Rev. 7-97) Prescribed by 0 M B A -102 071519 HCBOC Page 94 ATTACHMENT B-2 11. Will comply , or has already complied, with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S .C. .H1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds . 13. Will comply , as applicable, with the provisions of the Davis-Bacon Act (40 U.S. C. :n276a to 276a-7), the Copeland Act (40 U.S.C. 276c and 18 U.S.C. 3874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 33327-333) regarding labor standards for federally- assisted construction subagreements. 14 . Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P .L.93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10 ,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following : (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514: (b) notification of violating facilities pursuant to EO 11738; ( c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in SIGNATURE OF AUTHORIZED CERTIFYIN G OFFI CIAL L~"-A- APPLICAN T ORGANIZATION floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S .C . 33 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U .S.C. H7401 et seq.); (g) protection of under ground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and , (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 33 1271 et seq .) related to protecting components or potential components of the national wild and scenic rivers system . 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. ~70), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C . 33469a-1 et seq .). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 0MB Circular No . A-133 , "Audits of States , Local Governments, and Non-Profit Organizations .· 19. Will comply with all applicable requirements of all other Federal laws, executive orders , regulations , and policies governing this program . T ITLE DATE SUBMITIEO Reviewed 2/8/02 Page 7 of7 SF-4240 (Rev. 7-97) Page 2 071519 HCBOC Page 95 RESOLUTION DESIGNATION OF APPLICANT'S AGENT North Carolina Division of Erner enc Mana ement Organization Name (hereafter named Organization) Disaster Nwnber: Hamett County DR-4393-NCJu ly Applicant's State Cognizant Agency for Single Audit purposes (If Cognizant Agency i s not ass ign ed, please indicate): Applicant's Fiscal Year (FY) Start July to June Month: Applicant's Federal Employer's Identification Number 56 -6000306 July Da: Applicant's Federal Information Processing Standards (FfPS) Number 085 • 99085 • 00 PRIMARY AGENT SECONDARY AGENT Agent's Name Kimberly Honeycutt Agent's Name Larry Smith Organization Harnett County Finance Organization Harnett County Emergency Services Official Position Finance Director Official Position Director Mailing Address PO Box 370 a a Mailing Addres s PO Box 760 C ity ,Stat e, Zip Lillington NC 27546 City ,State, Zip Lillington NC 27546 Daytime Telephone (910) 893-7557 Daytime Telephone (910) 893-7580 Facsimile N umber (910) 893-3445 Facsimile Number (910) 893-5025 Pager or Cellular Number Pager or Cellular Number (910) 984-6297 BE IT RESOLVED BY the governing body of the Organization (a public entity duly organized under the laws of the State of North Carolina) that the above-named Primary and Secondary Agents are hereby authori zed to execute and file applications for federal and/or state assistance on beh alf of the Organization for the purpose of obtaining certain state and federal financial assistance under th e Robert T. Stafford Disaster Relief & E mergency Assistance Act, (Public Law 93 -288 as amended) or as otherwise available. BE IT FURTHER RESOL VED that the above-named agents are a uthorized to represent and act for the Organization in all dealings wi th the State of North Carolina and the Federal Emergency Management Agency fo r all matters pertaining to such disaster assistance required by the grant agreements and the as surances printed on the reverse side hereof. BE IT FINALLY RESOLVED THAT th e above-named agents are authorized to act severally. PASSED AND APPROVED this da of 20 . GOVERNING BODY CERTIFYING OFFICIAL Name and Title Gordon Springle , Chairman Name Margaret Regina Wheeler Name and Title Howard Penny, Vice Chair Official Position Clerk to the Board Name and Title Daytime Telephone (910) 893-7555 CERTIFICATION I Margaret Regina Wheeler (N ) d 1 . t d d Clerk to the Board (T.tl ) , , ame u y appom e an I e of the Governing Body, d o he reby certify that the above is a true and correct copy ofa resolution passed and approved by the Governing Body of Hamett Coun ty (Or ganization) o n the day of -------~ 20 Date:----------Signature: _______________ _.,, Rev. 06/02 071519 HCBOC Page 96 APPLICANT ASSURANCES The applicant hereby assures and certifies that it will comply with the FEMA regulations, policies, guidelines and requirements induding OMB's Circulars No. A -95 and A-102, and FMC 74-4, as they relate to the application , acceptance and use of Federal funds for this Federally assisted project. Also, the Applicant gives assurance and certifies with respect to and as a condition for the grant that 1. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution , motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application , induding all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provi de such additional information as may be requ ired . 2. It will comply with the provisions of: Executive Order 11988, relating to Floodplain Managemen t and Executive Order 11990, relating to Protection of Wetlands. 3. It will have sufficient funds available to meet the non.Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed . 4. II will not enter into a construction contract(s) for the project or undertake other activities until the conditions of the grant program(s) have been met. 5. It will provide and maintain competent and adequate archttectural engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the Federal granter agency may need. 6. It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the applicable Federal, State and local agencies for the maintenance and operation of such facilities. 7. It will give the granter agency and the Comptroller General, through any authorized representative, access to and the right to examine all records, books , papers, or documents related to the grant. 8. It will require the facility to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped ," Number A 117.1-1961 , as modified (41 CFR 101 · 17 -7031). The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 9. II will cause work on the project to be commenced within a reasonable time after receipt of notification from the app roving Federal agency that funds have been approved and will see that work on the project will be prosecuted to completion with reasonable diligence. 10. It will not dispose of or encumber its title or othe r interests in the site and facilities during the period of Federal interest or while the Government holds bonds, whichever is the longer. 11 . It agrees tooomplywith Section 311 , P.L. 93-288 and with Title VI of the Civil Righls Act of 1964 (P.L. 83·352) and in accordance with Title VI of the Act, no person in the United States shall , on the ground of race , color, or national origin, be excluded from participation in , be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for wh ich the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement If any real property or structure is provided or improved with the aid of Federal financial assistance extended to the Applicant, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee , for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits . 12. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 13. It will comply with the requirements of Title II and Trtle Ill of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646 ) which provides for fair and equitab le treatment of persons displaced as a result of Federal and Federally assisted programs . 14. It will comply with all requirements imposed by the Federal grantor agency concerning special requirements of law, program requ irements, and other administrative requ iremenls approved in accordance with 0MB Circular A-102, P.L. 93-288 as amended, and applicable Federal Regulations . 15. It will comply with the provisions of the Hatch Act wh ich lirntt the political activity of employees . 16. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act as they apply to hospital and educational institution employees of State and local governments . 17. (To the best of his/her knowledge and belie~ the disaster relief work described on each Federal Emergency Management Agency (FEMA) Project Application for which Federal Financia l assistance is requested is elig ible in accordance with the criteria contained in 44 Code of Federal Regulations, Part 206 , and applicable FEMA Handbooks. 18. The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not or will not duplicate benefils received for the same loss from another source . 19. It will (1) provide without cost to the United States all lands, easements and rights-of-way necessary for accomplishmenls of the approved work; (2) hold and save the United States free from damages due to the approved work or Federal funding . 20. This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, reimbursements, advances, contracts , property , discounts of other Federal financia l assistance extended after the date hereof to the Applicant by FEMA, that such Federal Financial assistance will be extended in reliance on the representations and agreements made in this assurance and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the applicant, its successors , transferees, and assignees, and the person or persons whose signatures appear on the reverse as authorized to sign this assurance on behalf of the applicant 21 . It will comply with the flood insurance purchase requ irements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234 , 87 Stat 975, approved December 31 , 1973. Section 102(a) requires , on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the rece ipt of any Federal financial assistance for construction or acquis ition purposes for use in any area that has been identified by the Director , Federal Emergency Management Agency as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance paymeni rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 22. It will comply with the insurance requirements of Section 314, PL 93-288, to obtain and maintain any other insurance as may be reasonable , adequate, and necessary to protect against further loss to any property which was rep laced, restored , repaired , or constructed with this assistance. 23. It will defer funding of any projects involving flexi ble funding until FEMA makes a favorable environmental clearance , if this is required. 24 . It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, (16 U.S.C. 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq .) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for indusion in the National Register of Historic places that are subject to adverse effects (see 36 CFR Part 800 .8) by the activity, and notifying the Federal granter agency of the existence of any such properties , and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties . 25. It will, for any repairs or construction financed herewith, comply with applicable standards of safety, decency and sanitation and in conformity with applicable codes, specifications and standards; and, will evaluate the natural hazards in areas in which the proceeds of the grant or loan are to be used and take appropriate action to mitigate such hazards, induding safe land use and construction practices. STATE ASSURANCES The State agrees to take any necessary action within State capabilities to require compliance with these assu rances and agreements by the applicant or to assume responsibility to the Federal government for any deficiencies not resolved to the satisfaction of the Reg ional Director. 071519 HCBOC Page 97 Board Meeting Agenda Item Agenda Item _S __ F..._....; MEETING DATE: July 15, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: KriGen Pharmaceuticals, LLC -One North Carolina Fund, Local Government Grant Agreement and Company Performance Agreement REQUESTED BY: Debbie Taylor, Economic Development REQUEST: Staff requests approval and of the One North Carolina Local Government Grant Agreement and Company Performace Agreement. The Governor announced On June 5, 2019 that KriGen Pharmaceuticals, LLC, manufacturer of parenteral drug products will locate their first U.S. facility in Lillington, NC. It was also announced that the company will be awarded $200,000 from the One North Carolina Fund, which is a discretionary program that provides direct cost reimbursements to new and expanding high impact projects that create new jobs over a three year period. In order for the grant funds to be distributed, the Local Government Grant Agreement and the Compnay Performance Agreement must be executed by the County Harnett County must match the funds awarded by 50% of the amount granted ($100,000). The incentives offered by Harnett County and the Town of Lillington will cover the required match. Within the three year grant period, Krigen must meet the following requirements: create 90 new jobs, pay the average weekly wage for all full-time jobs of $636/week, provide 50% cost of health insurance for all full-time jobs, meet the capital investment of $6,300,000 and proof that all environmental permits have been issued in order to receive funds. C:\Users\gwheeler\AppData\Local\Microsoft\Windows\TN etCache\Content.Outlook\OZMK66X9\Krigen -Agenda Item for One NC Local Gvt Agree ment etc_.docx Pag e I of 2 071519 HCBOC Page 98 Ms. Debbie Taylor Harnett County Economic Development PO Box 1270 Lillington, NC 27546 June 12 , 2019 SUBJECT: One NC Fund Grant -Project N o. 2018-22575 Dear Ms. Taylor: Local Government Grant Agreement & Company Performance Agreement County of Harnett / KRIGEN PH.,\RM.,-\C EUTICALS LLC ROY COOPER Governor ANTHONY M. COPELAND Secretary STEWART DICKINSON Director ,-\ copy of the Tem1s of th e One NC Grant, two copies of the Local Govemment Gran/ Agreement and two copies of the Compa,ry Pe,fom1a11ce Agreement for the above project are enclosed. The Local Government Grant ,-\greement and Company Performance Agreement need to be executed by the County Manager, or Commissioner. Only return one original of each to m y attention. The second set if for you r file. When I receive the original executed agreements, copies will be sent to the Company. Please note: before funds can be disbursed, all requirements as stated in the Company Performance Agreement must be met. A copy of the L ocal Government Disbursement Certification form (Exhibit,-\) is encl osed. It will need to be completed and returned to m e when requesting a di sbursement. NOTE: No later than Janua~· 31 of each year until the full Match has been disbursed to the Company, the Local Government must submit to the Department of Commerce a report detailing Match payments made to the Company duri~ the previous calendar year, detailing a cumulative tally of all match payments. In addition, the L ocal Government shall report all other financial contributions made for the Project. This is required for compliance with North Carolina General Statute §143B-43 7.0 7. You may want to make yourself a reminder. The grant is s ubject to the requirement that the Local Government provide the Department of Commerce a copy o f the agreement listing the company governing the local incentive for the Project. Please submit, alo~ with your executed Company Perfonnance Agreement and Local Govemment Grant Agreement, a copy of your Local Government Incentive Agreement with KRIGEN PHARMACEUTICALS LLC and agreements regardi~ any other North Carolina incentive given. Should you have questions regarding the grant funding process please call me at 919-814-4615 or email kstagg@n ccommerce.com. Mail the agreements by express mail (UPS or FedEx) to my attention at, Commerce Finance Center, North Carolina Department of Commerce, 301 North Wilmington Street (Fourth Floor South), Raleigh, North Carolina, 27601. (Note: Please do not use US Postal Service to express mail your agreements because they do not deliver directly to our building.) Thank you. Enclosures Sincerely , tn5J!'t North Carolina Departme nt of Commerce I Commerce Finance Center 301 North Wilmington Street I 4318 Mail Service Center I Ra le igh, NC 27699-4300 919 814 4600 T 071519 HCBOC Page 99 LOCAL GOVERNMENT GRANT AGREEMENT THE ONE NORTH CAROLINA FUND Local Government Name: Harnett County Project Name: KRIGEN PHARMACEUTICALS LLC STATE OF NORTH CAROLINA COUNTY OF WAKE Grant No. 2018-22575 GRANT AGREEMENT This Local Government Grant Agreement (the "LGGA") is effective the 5th day of June 2019 (the "Effective Date") by and between the County of Harnett, North Carolina (hereinafter referred to as the "Local Government"), and the North Carolina Department of Commerce (hereinafter referred to as "DOC"); WITNESSETH: WHEREAS; the Local Government desires to stimulate and develop the local economy of its region , alleviate the problems of unemployment and underemployment by creating and/or retaining jobs for its citizens, and develop it s local tax base; and WHEREAS; the General Assembly has created the One North Carolina Fund (the "Program") to make funding available within North Carolina "to secure commitments for the recruitment, expansion or retention of new or existing businesses; and WHEREAS; the General Assembly has authorized Program funds to be used for installation or purchase of equipment; structural repairs, improvements, or renovations to existing buildings to be used for expansion; construction of or impro ve ments to new or existing water, sewer, gas or electric utility distribution lines or equipment for existing buildings; and construction of or improvements to new or existing water, sewer, gas or electric utility distribution lines or equipment for new or proposed buildings to be used for manufacturing and industrial operations; and WHEREAS; the Local Government has applied for funds in connection with activity to be undertaken by KRIGEN PHARMACEUTICALS LLC (the "Company"), a business that has competitively chosen to locate or expand operations for the following project (the "Project") in North Carolina: A plant (the "Facility") at which the Company will manufacture parenteral drug products and specialty injectables in vials to be located in or around 800 Edwards Brothers Drive in the Town of Lillington in Hamett County, North Carolina. OneNC Local Government Grant Agreement KRIGEN PHARMACEUTICALS LLC / Hamett County Form 20 19 071519 HCBOC Page 100 WHEREAS; the Local Government has committed to provide matching fund s and resources for the Project equal to at least the amount set forth in N.C. Gen. Stat.§ 143B-437.72(c)(l) (the "Match"); and WHEREAS; the Local Government's application (the "Local Government Application") has been approved by DOC for funding , based on the Local Government's commitments, and the commitments made by the Company in its Program application (the "Company Application"); and WHEREAS , the Company has executed an agreement (the "Company Performance Agreement" or "CPA") with the Local Government reflecting the Company's commitments to expand, create and/or retain jobs and to take other actions that will support North Carolina's economic development, and the terms on which funds will be made available for such activity from the Program. NOW THEREFORE, in cons ideration of the mutual covenants and promises set forth below, the Local Government and DOC hereby agree as follows: I. DOC COMMITMENTS AND GRANT CONDITIONS (a) DOC agrees to provide Program fund in the maximum amount of Two Hundred Thousand Dollars ($200 ,000.00) for the Project (the "Grant"), in accordance with the terms of this LGGA and the CPA. (b) Grant payments disbursed under this LGGA will be disbursed to the Local Government pursuant to N.C. Gen. Stat.§ 143B-437.70 et seq., the terms of the Program Guidelines and Procedures for Commitment of Funds from the One North Carolina Fund, establi shed pursuant to N.C. Gen. Stat. § 143B- 437.73 and in effect as of the effective date of this LGGA (the "Program Guidelines"), consistent with the terms and schedule established in the CPA. ( c) Grant disbursements are conditioned upon the execution of the CPA between the Local Government and the Company. (d) To receive a Grant disbursement, the Local Government must provide or cause to be provided to DOC a properly executed CPA, proof that the Company has performed its obligations under the CPA, proof that the Local Government ha s met its obligation to provide the Match, a duly executed completed disbursement request and certification in the form of Exhibit A hereof (the "Local Government Disbursement Request"), and a duly executed completed Company's disbursement request and certification in the form of Exhibit A to the CPA (the "Company Disbursement Request"). II. LOCAL GOVERNMENT'S COMMITMENTS (a) The Local Government agrees to perform the Program and to abide by all commitments, terms and representations in the Local Government Application. (b) The Local Government agrees to provide the Match in a manner consistent with N .C. Gen. Stat. § 143B -437 .72(c)(l), the Program Guidelines and Procedures, and the Local Government Application. The Local Government will provide to the DOC a copy of the duly executed agreement between the Local Government (or other local entity) and the Company governing the local incentives that will be provided to the Company for the Project (the "Local Incentive Agreement"), at the time the Local Government returns the executed LGGA. The Company will be ineligible for a Grant disbursement until the Local Incentive Agreement is provided to the DOC. The Local Government will report to the DOC the amount of each incentive payment that is provided to the Company under the Local Incentive Agreement, within thirty (30) days of the date on which it is provided, whether or not the CPA remains in effect. ( c) The Local Government agrees to take all steps reasonably necessary to ensure and to establish to DOC that the required levels of jobs are created and/or retained, the required salary levels are achieved, OneNC Local Government Grant Agreement KRIGEN PHARMACEUTICALS LLC / Hamett County Form 20 19 2 071519 HCBOC Page 101 the required levels of investments are made, statutorily qualifying expenses are incurred, any required environmental permits are obtained, and any other required performance criteria are satisfied, and that no Grant funds are disbursed until the performance criteria in the CPA have been met. ( d) The Local Government agrees to take whatever steps may be reasonably necessary to ensure and to establish to DOC that Grant funds disbursed by the Local Government are used only for purposes allowed under the statutory authority creating the Program. (e) The Local Government agrees to take whatever steps may reasonably be required , after consultation with the Secretary of DOC (the "Secretary") and not inconsistent with the Secretary's authority under the CPA, to recapture all disbursed funds for which the Local Government and DOC have a right to be reimbursed. (f) The Local Government acknowledges that DOC has a right to recapture funds under the CPA and that such right does not relieve the Local Government of its own responsibility to recapture funds. (g) The Local Government agrees to otherwise reimburse DOC for any funds improperly disbursed, provided, however, that Local Government is under no obligation to reimburse DOC for any improperly disbursed funds that were disbursed with DOC 's prior permission. (h) The Local Government agrees to keep and maintain books, records, and other documents relating to the receipt and disbursement of the Grant and the fulfillment of this LGGA. The Local Government shall provide any information DOC requests in order to produce reports or compile data required by the General Assembly. If the Local Government fails to keep and maintain books and records necessary for verifying fulfillment of this LGGA, the Secretary may in his discretion declare this LGGA to be in default, withhold payments for or under this LGGA, and/or require reimbursement of all or any portion of Grant funds previously paid. Prior to taking such action, the Secretary will endeavor to communicate with the Local Government and the Company to discuss the circumstances and the actions being contemplated. (i) The Local Government agrees to provide any duly authorized representative of DOC or the State of North Carolina at all reasonable times access to and the right to inspect, copy, monitor, and examine all of the books, papers, records , and other documents relating to the Grant for a period of three years following the last payment of Grant funds or for the inspection period specified in the CPA, whichever is longer. To the extent any information or documents gathered pursuant to this section would be regarded as confidential or not subject to disclosure under federal Jaw or the North Carolina General Statutes (to include, without limitation, N.C. Gen. Stat.§§ 132-1 et seq., commonly referred to as the "Public Records Act"), the Local Government shall clearly identify and mark them as such and that information will, to the extent allowed by law, be treated as confidential and not subject to disclosure by DOC and its authorized representatives. If the Local Government fails to provide such access and right of inspection, the Secretary may exercise discretion to declare this LGGA in default, to withhold payments under this LGGA and/or require reimbursement of all or any portion of the Grant paid. (j) The Local Government shall comply with all lawful requirements of DOC, all applicable requirements of the General Statutes of the State ofNorth Carolina, and any other applicable laws and/or Executive Orders currently or hereafter in force. (k) In the event that the Company fails to fulfill their responsibilities under the Company Application and/or CPA, including their responsibilities to create and/or retain jobs, make investments, and incur statutorily qualifying expenses, the Local Government, after consultation with the Secretary and not inconsistent with the Secretary's authority under the CPA, shall promptly exercise its rights and remedies to require repayment of funds, or to assess such other penalties as may be provided for in the CPA. (I) In addition, in the event that the Company fails to fulfill their responsibilities under the Company Application and/or CPA, including their responsibilities to create and/or retain jobs, make investments, and OneNC Local Government Grant Agreement KRIGEN PHARMACEUTICALS LLC / Harnett County Form 20 19 3 \ 071519 HCBOC Page 102 incur statutorily qualifying expenses, and the Local Government recaptures funds from the Company, the Local Government shall promptly pay to DOC the Grant amounts which it is able to collect. (m) By not later than January 31 of each year following a calendar year until the full Match has been disbursed to the Company, the Local Government shall submit to the DOC a report detailing Match payments made during the calendar year just ended, together with a cumulative tally of all Match payments made through the end of that calendar year. In addition, the Local Government shall report all other Local Government financial contributions made for the Project. This is required in order to comply with N.C. Gen. Stat.§ 143B-437.07. Failure to timely file this report will result in ineligibility for Grant payments. III. GENERAL PROVISIONS (a) The parties to this LGGA agree and understand that the payment of all sums specified in this LGGA is dependent and contingent upon and subject to the appropriation , allocation, and availability of funds to DOC for this purpose. (b) Failure of DOC at any time to require performance of any term or provision of this LGGA shall in no manner affect the rights of DOC at a later date to enforce the same or to enforce any future compliance with or performance of any of the terms or provisions hereof. No waiver of DOC of any condition or the breach of any term, provision or representation contained in this LGGA, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of that or any other term, provision or representation. (c) The recitals are an integral part of this LGGA. (d) This LGGA constitutes a legally enforceable contract and shall be governed and construed in accordance with the laws of the State of North Carolina. The parties agree and submit, solely for matters concerning this LGGA, to the exclusive jurisdiction of the courts of North Carolina and agree, solely for such purpose, that the only venue for any legal proceedings shall be Wake County, North Carolina. The place of this LGGA, and all transactions and agreements relating to it, and their situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in contract or tort, relating to its validity, construction, interpretation, and enforcement, shall be determined. (e) This Grant award shall terminate and be null and void on August 15, 2019. ifby that date the Local Government has not delivered back to the DOC, an original of this LGGA and of the CPA. duly executed by an authorized official of the Local Government, and attested in the manner provided below, together with a copy of the Local Incentive Agreement. Upon execution of this LGGA by DOC and the Local Government in the spaces below, the Local Government hereby accepts the Grant on the terms of this LGGA, effective on the date indicated above, and further certifies that the official signing below has been duly authorized by the Local Government's governing body to execute thi s LGGA. Date: By: Signature Page Follows OneN C Local Government Grant Agreement KRIGEN PHARMAC EUTICALS LLC / Hamett County Fo nn 201 9 North Carolina Department of Commerce AnthyM.Copeland, Secretary North Carolina Department of Commerce 4 071519 HCBOC Page 103 Date: ----- County of Harnett (Local Government) By: ... . . . (Official Seal) Name:·--------·~--.-,_,,..c.-~,L ........ Title: Authorized Official ATTEST: Date:-------·------·-· · ·------------' Clerk ' .... ~-,·, .. ! ~rr1tJ f/~-;-~~ ... ;~:1-Fi J F , ; .. ·, , · . '1 ·,--. .~{)iJ(}.Y~J(, ,~ 20/~ OneNC Local Government Grant Agreement 5 KRIGEN PHARMACEUTICALS LLC / Harnett County l'onn 2019 071519 HCBOC Page 104 EXHIBIT A TO LOCAL GOVERNMENT GRANT AGREEMENT LOCAL GOVERNMENT DISBURSEMENT REQUEST AND CERTIFICATION Project No. 2018-22575 County of Harnett (the "Local Government") hereby requests a disbursement in the amount of [spell out dollar amount] ($ from the North Carolina Department of Commerce (the "DOC"), pursuant to that certain Company Performance Agreement between the Local Government, and KRIGEN PHARMACEUTICALS LLC (the "Company"), dated as of June 5 , 2019 (the "CPA"), and that certain Local Government Grant Agreement between the Local Government and the DOC, dated as of June 5, 2019 (the "LGGA," and, together with the CPA, the "Agreements"). All capitalized terms not otherwise defined herein have the meaning ascribed to them in the Agreements. The Local Government hereby certifies to the DOC that it: (i) has provided funds and/or resources for the Project pursuant to the Local Government application to the DOC and the terms of the LGGA, in the amount of ($ _____ _, an amount that is at least equal to the amount of the disbursements that have been requested under the LGGA; (ii) has provided such funds and/or resources in the following form: __ _ (iii) has attached true and correct copy of documents evidencing its expenditure of the amount specified in (ii) above for the purposes specified above; (iv) will submit proof of receipt, deposit, and proper disbursement of the disbursed DOC funds, to the DOC, within thirty (30) days; (v) it is in compliance with all of the terms and conditions of the LGGA, and affirms the representations, warranties, and covenants contained therein; and (vi) to its best knowledge and belief, the Company's Disbursement Request accompanying this certification is accurate, the Company is eligible to receive funds from the Grant in the amount specified herein, under the J One NC Local Gov Disbursement Request KRIGEN PHARMACEUTICALS LLC I Harne tt County Company Only, New Jobs Only Form 20 19 071519 HCBOC Page 105 tenns of the CPA, and the Local Government is not aware of anything that would make the Company ineligible for these funds. This certification shall be deemed to be made a part of the LGGA and is incorporated therein and governed by its tenns and conditions . Upon execution of this certification, the Local Government accepts its tenns, effective on the date indicated above, and further certifies that the official signing below has been duly authorized to execute this certification by the Local Government 's governing body, and the agreements and certifications contained herein are legally valid and binding on the Local Government. (Official Seal) ATTEST: , Clerk --------- i i·3 !jJC."'f:ll~·.1Fl~ ! 11£~~' ~ .... Ff,! F'i1~A;_;Un r 1 i :·~ i 1j, l1 ·Jl, : •:_P: ..... ,::L~ PVT,_"'-~--:'-'·'' ,\ :"l"' [' i-~t :,:··.._~"" \ t.'(,,-i I~~ { lU r....._--'U, ' -. . . ... ~ hl·": ~!'":I':: .. : ~ I\ li<t.!~i~"t. .. Oft l. County of Harnett (Local Government) Date: By: ______________ _ Name: --------------Title: --------------Authorized Official 2 On e N C Local Gov Disbursem e nt Request KRIGE N PHARMACEUTICALS LLC I Harnett County Co mpany Only , New Jobs Only F onn 201 9 071519 HCBOC Page 106 Terms of One NC Grant Local Government: County of Harnett Project Company: KRIGEN PHARMACEUTICALS LLC Grant Amount: $200,000 Project Description Manufacture parenteral drug products and specialty injectables in vials. Facility Location 800 Edwards Brothers Drive Lillinmo.n, NC 27546 Grant Period 3 years begiruring June 5, 2019 Grant End Date June 5, 2022 Target New Jobs (goal) 100 Target New Investment (goal) $7,000,000 Required New Jobs {required for full grant) 90 Required New Investment (required for full $6,300,000 m-ant) Average weekly wage for all full-time jobs $636 (Wage Standard) Retained Jobs, if any NIA Closeout The earlier of when performance is complete, or the Grant End Date Other Requirements • Health insurance for all fulltime jobs • Use grant proceeds for installation or purchase of equipment; structural repairs, improvements, or renovations to existing buildings to be used for expansion; construction of or improvements to new or existing water, sewer, gas or electric utility distribution lines or equipment for existing buildings, or for new or proposed buildings to be used for manufacturing and industrial operations • Must provide verification that Project has received all environmental pennits • The grant is subject to the requirement that the Local Government deliver to the Department of Commerce a copy of the agreement with the Company governing the local incentives to be provided for the Project. • By no later than February I following the end of each year during the later of the end of the Grant Performance Period or the date on which the Local Government provides the final funds that would bring the local matching contribution to the level provided by the One NC Term Sheer KR/GEN PHARMACEUTICALS LLC I Home lt County Company Only; New Jobs Only Form2019 071519 HCBOC Page 107 Grant, the Company will submit a report to the DOC in the form of Exhibit B, documenting the Local Government contribution of eligible matching funds, through the just completed calendar year, and a copy of the Company's fourth calendar quarter performance, ending December 31. In addition, during the Grant Period, the Company shall provide a statement indicating whether the Company expects to have completed Performance Criteria sufficient to request a disbursement during the upcoming state fiscal year (July 1 through June 30). Disbursement of Grant 4 installments equal to 25% of grant each, on demonstration of creation of: • 25% of Target New Jobs; • 50% of Target New Jobs • 75% of Target New Jobs • Required New Jobs and Re.quired Investment and evidence of making Statutorily Qualifying Expenditures, Environmental Permits, and Retained Jobs (if required, as set forth above). Obligation to Repay Grant • Failure to provide re.quired health insurance • Failure to achieve Wage Standard • Ceasing project operations • Failure to maintain jobs for the requisite time beyond Closeout (1-2 years depending on Closeout timing) Adjustments to Grant at Closeout • If Closeout occurs on the date three years from the date of the Grant award and the Company has failed to: o Create and retain Required New Jobs, or o Make statutorily qualifying expenses equal to 100% of the grant, or o Make the Required Investment the amount of the Grant will be reduced on a pro rata basis to reflect the percentage by which the Company failed to meet its performance goals . To the extent the amount of the reduced Grant is less than the amount that has been previously disbursed , the Company must reimburse DOC for the difference. Obligations beyond Closeout • If Closeout occurs more than one year prior to the Grant End Date, the Company must maintain at least 90% of the New Jobs in place at Closeout for two years after the date of Closeout. On e N C Tenn Sheet K.RJGE.N PHARMACEUTICA LS LL C I Harn e// County Company Only: N ew Jobs Only Fonn 201 9 071519 HCBOC Page 108 • If Closeout occurs less than one year prior to the Grant End Date, the Company must maintain at least 90% of the New Jobs in place at Closeout until the date that is the one- year anniversary of the Grant End Date. • If the Company fails to maintain at least 90% of the number of New Jobs in place at Closeout for the required time period, the Company must reimburse DOC the entire amount of the Grant. Statute and Guidelines Governing Grant • N .C. Gen. Stat. 1438-437.70 et seq. • Guidelines and Procedures for Commitment of Funds from the One North Carolina Fund. OneNC Term Shut KRJGEN PHARMACEUTICALS LLC I Harnett County Company Only; New Jobs Only Form 2019 071519 HCBOC Page 109 COMPANY PERFORMANCE AGREEMENT THE ONE NORTH CAROLINA FUND STATE OF NORTH CAROLINA COUNTY OF WAKE This Company Perfonnance Agreement (the "CPA"), effective the 5th day of June 2019 (the "Effective Date"), by and between KRIGEN PHARMACEUTICALS LLC, a North Carolina Limited Liability Company authorized to do business (the "Company"), and the County of Harnett, North Carolina (the "Local Government," and, together with the Company, the "Parties"); WITNESSETH: WHEREAS, the Local Government has applied for a One North Carolina Fund grant from the North Carolina Department of Commerce (the "DOC"); and WHEREAS, a One North Carolina Fund grant award in the amount of Two-Hundred Thousand Dollars ($200,000) (the "Grant") has been negotiated and agreed to by DOC and the Parties; and WHEREAS, the Grant has been approved by DOC for disbursement to the Local Government pursuant to the terms of the One North Carolina Fund Local Government Grant Agreement between the Local Government and the DOC (the "LGGA"); and WHEREAS, the Grant is to be used by the Company toward the goal of creating One Hundred (I 00) new jobs (the "Target New Jobs"), which shaU be permanent full-time jobs (each, a "New Job"), and Seven Million Dollars ($7,000,000) (the "Target Investment") in new investment in the State of North Carolina; and WHEREAS, the Company has represented that the Grant is necessary to enable the investment and job creation by the Company to occur and go forward in North Carolina; and WHEREAS, the Grant will stimulate economic activity and create new jobs for the citizens of the State of North Carolina; and WHEREAS, the Grant is issued pursuant to and subject to the terms ofN.C . Gen. Stat. § 143B-437.70 et seq. and the Guidelines and Procedures for Commitment of Funds from the One North Carolina Fund (the "Program Guidelines"); WHEREAS , pursuant to, inter alia, N.C. Gen. Stat. § 143B-437.07 and G .S. 143B-437 .72(b), as these statutes may be amended from time to time, the DOC is required to submit regular reports to the North Carolina General Assembly regarding operation of the One North Carolina Fund and the performance and funding requirements for each One North Carolina Fund grant awarded; NOW, THEREFORE, in consideration of the representations set forth above and the mutual covenants and promises set forth below, the Company and the Local Government hereby agree as follows: -I - One NC Company Peiformance Agreement KRIGEN PHARMACEUTICALS LLC I Harnett County New Job Only; Company Only Fonn 2019 071519 HCBOC Page 110 1.0 PERFORMANCE CRITERIA In order to be eligible for the full amount of the Grant, the Company must fulfill the following requirements: 1.1 The Company shall undertake and operate in a timely manner the fo11owing project at the following location (the "Project''): A plant (the "Facility") at which the Company will manufacture parenteral drug products and specialty injectables in vials to be located in or around 800 Edwards Brothers Drive in the Town of Lillington in Hamett County, North Carolina. 1.2 The Company shall maintain its current operations at its facilities in North Carolina. 1.3 The Company shall make good faith efforts to create and maintain the Target New Jobs as part of the Project, as described in the Company's application to DOC (the "Company Application"). The New Jobs must be filled by employees hired for the Project on or after the Effective Date who work for at least thirty-five (35) hours per week, and whose wages are subject to withholding under Article 4A of Chapter 105 of the General Statute. Independent contractors, consultants, seasonal and temporary employees are not to be included as New Jobs. In order to be eligible for the full Grant, the Company must create Ninety (90) New Jobs (the "Required New Jobs") (90% of the Target New Jobs), by June 5, 2022 (the "Grant End Date,,, which shall be three years from the date on which the Grant was formally awarded) (the period between June 5, 2019 and June 5, 2022, the "Grant Period"). The New Jobs will be new jobs and cannot be existing North Carolina positions or employees of the Company or any of its related members or affiliates that are transferred or shifted such that a previously existing North Carolina job, or a North Carolina job that was not previously part of the Project, is co1.U1ted towards performance under this CPA. 1.4 The average weekly wage of the group of all permanent full-time jobs at the Facility, including the New Jobs, will equal or exceed Six Hundred Thirty-Six Dollars ($636) per week (the "Wage Standard"}. 1.5 The Company shall provide health insurance for all permanent full-time employees at the Facility, including the New Jobs, in at least the minimum amount required for eligibility for tax credits under Article 3J in N.C. Gen. Stat.§ 105-129.83(d). I .6 The Company shall make good faith efforts to make the Target Investment in the form of privately funded investment in real property and/or machinery and equipment as part of the project and must invest at least Six Million Three Hundred Thousand Dollars ($6,300,000) by the Grant End Date (the "Required Investment") (90% of the Target Investment). 1.7 The proceeds of the Grant may be used only to offset statutorily qualifying expenses as set out in N .C. Gen. Stat. § 143B-437.71(b) ("Statutorily Qualifying Expenses"). Those expenses are installation or purchase of equipment; structural repairs, improvements, or renovations to existing buildings to be used for expansion; construction of or improvements to new or existing water, sewer, gas or electric utility distribution lines or equipment for existing buildings or for new or -2 - One NC Company Pe,fonnance Agreement KR/GEN PHARMACEUTICALS lLC I Harnett County New Job Only; Company Only Fonn 20/9 071519 HCBOC Page 111 proposed buildings to be used for manufacturing and industrial operations; or such other expenses as specifically provided for by an act of the General Assembly. 1.8 Release of any Grant funds under this CPA is contingent on the Company providing verification that the Project has received all of its required environmental permits. 2.0 DISBURSEMENT OF GRANT 2.1 Proceeds of the Grant up to a total amount of Two Hundred Thousand Dollars ($200,000) will be disbursed by DOC to the Local Government in four installments based on creation and maintenance of the New Jobs and satisfaction of other performance criteria set out in Section 1.0 above ("Performance Criteria"). The number of New Jobs to be counted shall be determined as provided in Paragraph 6.1 hereof At the time of any requested disbursement, the Company must certify its performance by submitting a duly executed disbursement request and certification in the form of Exhibit A hereto (the "Company Disbursement Request"), and the Local Government must submit a duly executed disbursement request and certification in the form of Exhibit A to the LGGA (the "Local Government Disbursement Request"). Disbursement will occur on the following schedule and will be subject to any adjustments required by this CPA: a . The first twenty-five percent (25%) of the Grant will be disbursed to the Local Government upon proof that the Company has (i) created and retained not less than twenty-five percent (25%) of the Target New Jobs (i.e., 25 New Jobs), {ii) satisfied the Wage Standard and health insurance requirements, (iii) invested the amount to be disbursed in Statutorily Qualifying Expenses, and (iv) obtained all required environmental permits. b. The second twenty-five percent (25%) of the Grant will be disbursed to the Local Government upon proof that the Company has (i) created and retained not less than fifty percent (50%) of the Target New Jobs (i.e ., 50 New Jobs), (ii) satisfied the Wage Standard and health insurance requirements, and (iii) invested the amount to be disbursed in Statutorily Qualifying Expenses. c . The third twenty-five percent (25%) of the Grant will be disbursed to the Local Government upon proof that the Company has (i) created and retained not less than seventy-five percent (75%) of the Target New Jobs (ie., 75 New Jobs), (ii) satisfied the Wage Standard and health insurance requirements, and (iii) invested the amount to be disbursed in Statutorily Qualifying Expenses. d. The final twenty-five percent (25%) of the Grant will be disbursed to the Local Government upon proof that the Company has (i) created and retained the Required New Jobs, (ii) satisfied the Wage Standard and health insurance requirements, (iii) made the Required Investment, and (iv) invested the amount to be disbursed in Statutorily Qualifying Expenses. The Local Government will submit or cause to be submitted to DOC each Company Disbursement Request and Local Government Disbursement Request, upon proof of the creation of the required number of New Jobs and the satisfaction of all other Performance Criteria necessary for -3 - One NC Company Pe,fonnance Ag reement KRJGEN PHARMACEUTICALS UC I Harnett County New Job Only; Company Only Form 2019 071519 HCBOC Page 112 disbursement. Following receipt of Grant funds from DOC, the Local Government will disburse funds to the Company. The Company may qualify for disbursement of multiple installments on a single date. 2.2 . DOC will close out the Grant on the first to occur of: (i) The date as of which DOC shall have received and accepted proof reasonably satisfactory to it that the Project has been completed and the Performance Criteria satisfied. (ii) The Grant End Date. ("Closeout"). Following Closeout, to the extent any Grant proceeds may be due and upon submission of duly completed Company Disbursement Request and Local Government Disbursement Request, a final Grant payment will be disbursed. A request for final payment, if not made previously, must be made to DOC within thirty (30) days following Grant End Date, provided, however, that if the Company has completed performance and become entitled to a final disbursement of funds under Paragraph 2.1 d of this CPA, during any time earlier in the Grant Period, the Company must submit a completed Company Disbursement Request and Local Government Disbursement Request within one year from the date of completed performance (but in no event later than thirty (30) days following the Grant End Date) or forfeit the disbursement. 3 .0 OBLIGATION TO REPAY GRANT 3 .1 Failure to Provide Health Insurance. If, at any time during the Grant Period or during the period set forth in Section 5.0, the Company fails to provide health insurance to all permanent full- time employees at the Facility in the amount required for eligibility for tax credits under Article 3J in N.C. Gen. Stat.§ 105~l29.83(d), the Company will be in default of this CPA and will reimburse DOC the total amount of the Grant previously disbursed in accordance with this CPA. 3 .2 Ceasing Project Operations. If at any time during the Grant Period or during the period set fonh in Section 5.0 hereof, the Company substantially ceases operations at the Facility, the Company shall immediately repay all Grant funds previously disbursed in accordance with this CPA. 3.3 Failure to Achieve Wage Standard. If at any time during the Grant Period or during the period set forth in Section 5.0 hereof, the average weekly wage of the group of all permanent full-time jobs at the Facility fails to equal or exceed the Wage Standard, the Company will be in default under this CPA, no further disbursement will be made, and the Company will reimburse DOC the total amount of the Grant previously disbursed in accordance with this CPA. 3.4 Reserved. 3.5 Other Failures to Comply. The Company may be required to reimburse Grant funds previously disbursed for failure to comply with Paragraphs 6.4 and 6.16 hereof, or as provided in Paragraphs 4.1 and 5.3 hereof. -4 - One NC Company Pe,formance Agreement KRJGEN PHARMACEUTICALS UC I Harnett County New Job Only; Company Only Fonn20/9 071519 HCBOC Page 113 3.6 Recovery of Costs. Iftbe Company fails to reimb~e any amount payable hereunder, on demand, the Local Government and DOC may recover the costs of collection to obtain recovery, from the Company, including reasonable attorneys' fees. 4.0 ADJUSTMENTS TO GRANT AT CLOSEOUT 4 . J If Closeout occurs on the Grant End Date and the Company has failed to create and retain the Required New Jobs, has failed to make the Required Investment, or bas failed to invest an amount equal to 100% of the Grant in Statutorily Qualifying Expenses, the amount of the Grant shall be reduced to the smallest of the following amounts (the "Adjusted Grant"): a . The amount obtained by multiplying the Grant by a fraction the denominator of which is the Required New Jobs and the numerator of which is the number of New Jobs actually created and retained as of that date, as expressed in the following formula: Adjusted Grant = Original Grant Amount x New Jobs Actually Created and Retained Required New Jobs b. The amount obtained by multiplying the Grant by a fraction the denominator of which is the Required Investment and the numerator of which is the investment actually made as of that date, as expressed in the following formula : Adjusted Grant= Original Grant A.mount x Investment Actually Made Required Investment c. The amount the Company has spent on Statutorily Qualifying Expenses 4.2 To the extent the amount of the Adjusted Grant is less than the amount that has been previously disbursed to the Company, the Company shall reimburse DOC for the difference between the Adjusted Grant and the amount previously disbursed. S.O OBLIGATIONS BEYOND CLOSEOUT 5.1 If Closeout occurs on or before the date that is exactly one year prior to the Gr.mt End Date, the Company will maintain at least ninety percent (90%) of the number of New Jobs in place at Closeout for two (2) years after the date of Closeout. 5.2 If Closeout occW'S after the date that is exactly one year prior to the Grant End Date, the Company will maintain at least ninety percent (90%) of the number of New Jobs in place at Closeout until the date that is the one-year anniversary following the Grant End Date. 5.3 Jfthe Company fails to maintain at least ninety percent (90%) of the number ofNew Jobs in place at Closeout for the required time period following Closeout, as specified in Paragraphs 5.1 and 5.2 hereof, the Company will be in default of this CPA and shall reimburse to DOC the total amount of the Grant funds previously disbursed in accordance with this CPA. -s - One NC Company Performance Agreement KR/GEN PHARMACEUTICALS LLC I Harnett Couno, New Job Only; Company Only Form 2019 071519 HCBOC Page 114 6.0 ADDITIONAL PROVISIONS 6.1 The Company shall provide to DOC and the Local Government all documentation deemed necessary by DOC or the Local Government to verify creation and retention of New Jobs, salary levels, health insurance, investments, Statutorily Qualifying Expenses, environmental permits and other Performance Criteria specified in this CPA, including copies of the N .C . Department of Commerce Division of Employment Security Employer's Quarterly Tax and Wage Report ("NCUJ 101"), a list of all positions used in accounting for the Grant and the names of the individuals filling those positions. The threshold numbers of New Jobs created for the Company to be eligible for disbursements under Paragraph 2.1 hereof, shall be measured by adding the three figures that represent the average number of New Jobs (calculated after deducting any position that does not qualify as a New Job, such as a part-time position) that have been created during the Grant Period and have been retained dtuing each of the three months of the quarter reported in the Company's NCUI 101, and dividing that sum by three, or in such other manner detennined by the DOC to reasonably reflect New Job creation. The Company shall not ioc)ude io such count. any temporary, seasonal, contract, or part-time employees, employees that were hired prior to the Effective Date, or employees that were hired from affiliates of the Company in North Carolina, even If those employees are included in the NCUI 101. The Company sh all certify bow many of the employees listed on the NCUI 101 in each month qualify under the defmition of New Jobs. For verification of Required Investment, the Company shall provide a fixed asset report and any other documentation requested by DOC. The Company's compliance with the job creation and/or retention, investment, Statutorily Qualifying Expense, environmental permit and other Performance Criteria set out in this CPA shall be attested to under oath by an officer of the Company. 6.2 By not later than February l of each year during the Grant Period (and with respect to Paragraph 6.2A, through the later of February 1 following the date established pursuant to Paragraph 5 hereof or the date on which the Local Government provides the final funds that would bring the local matching contribution to the level provided by lhe Grant), the Company must submit the following to the DOC, in the form of Exhibit B hereto: A. a copy of the Company's fourth calendar quarter performance (ending December 31) NCUI l O 1 for the previous calendar year, containing all information required by Exhlbit B (N.C. Gen. Stat.§ 143B-437.07). B . a statement indicating whether the Company expects to have completed Performance Criteria sufficient to request a disbursement during the upcoming state fiscal year (July I through June 30). Failure to identify the expected performance over the coming fiscal year may result in ineligibility for a disbursement during that period, or may limit the amount of disbursement available to the Company during the upcoming fiscal year. (N.C. Gen. Stat. §l43B- 437.72(b)(6b)). 6.3 If unforeseen calamity, an Act of God, or financial disaster is the cause of the Company's failure to satisfy or perform its obligations under this CPA, the Company and the Local Government may request an extraordinary modification of this CPA from the Secretary of DOC (the "Secretary"). The Parties agree that any decision to allow such modification shall be at the sole discretion of the Secretary, that such modifications are rarely, if ever, granted, and that the Secretary's decision regarding any extraordinary modification shall be final and not subject to review or appeal. -6 - One NC Company Performance Agreement KR/GEN PHARMACEUTICALS LLC I Harnett County New Job Only; Company Only Form20/9 071519 HCBOC Page 115 6.4 The Company shall keep and maintain books, records , and other doc uments relating to the receipt and disbursement of the Grant and fulfillment of this CPA, including, but not limited to, records to verify employment, salaries, health insurance, investment amounts, Statutorily Qualifying Expenses and environmental permits. Subject to any applicable federal or North Carolina laws or regulations respecting employee privacy , the Company agrees that any duly authorized representative of the Local Government o r the State of North Carolina, including the DOC, the Office of the North Carolina State Auditor, and the Office of State Budget and Management shall, at all reasonable times and on reasonable notice, have access to and the right to inspect, copy, audit, and examine all o f the relevant books, records, and other documents relating to the Grant and the fulfillment of this CPA throughout the Grant Period and for a period of six years thereafter. If the Company fails to keep and maintain books and records necessary for verifying fulfillment of this CPA, including, but not limited to , adequate records for the verification of employment, salaries, investment amounts, Statutorily Qualifying Expenses and environmental pennits, or if the Company fails to provide access and right of inspection sufficient to verify compliance with this CPA, the Local Government or the Secretary may in its or his discretion declare this CPA to be in default, withhold payments for or under this CPA or the LGGA, and/or require reimbursement of all or any portion of the Grant previously paid. The Company shall provide any information DOC requests in order to produce repons or compile data required by the General Assembly. 6 .5 To the extent any information or documents gathered by or provided to the Local Government or the DOC would be regarded as confidential or not subject to disclosure under federal law or the North Carolina General Statutes (including, without limitation, N.C. Gen. Stat. §§ 132-1 et seq., commonly referred to as the ''Public Records Act"), the Company shall clearly identify and mark them as such and that information wiU, to the extent allowed by law, be treated as confidential and not subject to disclosure by the Local Government and DOC and their authorized representatives. The Company has read and understands North Carolina's laws regarding the treatment of public records and confidential information, including without limitation., those provisions set forth in Exhibit C . The Company shall be responsible for any and all costs, expenses, fees, or losses that they or the Local Govenunent or DOC or any other State entity may incur as a result of responding to or resisting any request, subpoena, legal complaint, court order, or other demand seeking to compel such party to release or disclose records , documents, or information pertaining to the Company, to the ext.ent that the Company notified the State entity that it objects to such disclosure or release and the State defends against such release; and the Company shall indemnify the Local G overnment, DOC, and State entities and their authorized representatives for all costs associated therewith, provided that, no such indemnified party shall be obligated to take any such action. 6 .6 Notwithstanding anything herein to the contrary, the Panies acknowledge the due execution of the LGGA and agree that any conflict between the provisions, requirements, duties, or obligations of this CPA and the LGGA shall be resolved in favor of the LGGA. The Parties further agree that - 7 - One NC Company Pe,formance Agreement KR/GEN PHARMA CEUTICALS LLC I Harne11 County New Job Only; Company Only Form 2019 071519 HCBOC Page 116 any conflict between the provisions, requirements, duties, or obligations of this CPA and any program documentation for this Grant other than the LGGA shall be resolved in favor of this CPA. 6 . 7 The Company acknowledges that none of the North Carolina operations owned by the Company or a related entity or affiliate shall be curtailed as a result of the Project. 6.8 The Company shall perform and abide by all commitments it made in the Company Application, except as otherwise expressly stated herein. The Company affirms its commitments made in the Company Application, and the commitments contained therein are incorporated herein by reference, as if set out in full . The Parties agree that any conflict between the provisions of this CPA and any commitments made in the Company Application to DOC shall be resolved in favor of this CPA. 6 .9 The Company indemnifies and holds harmless the Local Government, DOC, and State entities, and their respective members, officers, directors, employees, agents and attorneys (hereinafter collectively referred to as "Indemnified Parties"), from any claims of third parties arising out of or any act or omission of the Company in connection with the performance of this CPA, and for all losses arising from implementation of this CPA. Without li miting the generality of the foregoing, the Company releases the Indemnified Parties from, and agrees that such Indemnified Parties are not liable for, and agrees to indemnify and hold harmless the Indemnified Parties against, any and all liability or loss, cost or expense, including, without limitation, reasonable attorneys' fees, fines, penalties, and civil judgments, resulting from or arising out of or in connection with or pertaining to, any loss or damage to property or any injury to or death of any person occurring in connection with or on or about the Facility, or resulting from any defect in the fixtures, machinery, equipment, or other property used in connection with the Project or arising out of, pertaining to, or having any connection with, the Project or the financing thereof (whether or not arising out of acts, omissions, or negligence of the Company or any of its agents, contractors, servants, employees, licensees, lessees, or assignees). Each Indemnified Party is an express, third party beneficiary of the Company's obligations under this Paragraph. 6.10 The representations made by the Company in the Company Application to DOC or as part of the application process are incorporated herein by reference and deemed by the Parties to be material to this CPA. The Company affirms these representations. The Parties agree that any conflict between any representations contained in this CPA and those representations contained in the Company Application to DOC or made as part of the One North Carolina Fund application process shall be resolved in favor of this CPA. 6.11 The recitals are an integral part of this CPA. 6.12 If the Company has an overdue tax debt owing to the State of North Carolina, as defined in N.C. Gen. Stat. § I 05-243.l, no payments will be made under this CPA or the LGGA until that tax debt has been satisfied. If an overdue tax debt goes unsatisfied by the Company for more than one year, this CPA may be declared in default and terminated at the direction of DOC. 6 .13 The Local Government's obligation to make disbursements to the Company under this CPA is contingent upon the Local Government's receipt under the LGGA of the necessary disbursements from DOC, which are, in mm, contingent on appropriation, allocation and availability of funds for the Grant to DOC. -8- One NC Company Performance Agreement KRIGEN PHARMACEUTICALS LlC I Harnett County New Job Only; Company Only Form 20/9 071519 HCBOC Page 117 6 .14 This CPA constitutes a legally enforceable contract and shall be governed and construed in accordance with the laws of the State of North Carolina. The Parties agree and submit, solely for matters concerning this CPA, to the exclusive jurisdiction of the courts of North Carolina and agree, solely for such purpose, that the only venue for any legal proceedings shall be Wake County, North Carolina. The place of this CPA, and all transactions and agreements relating to it, and their situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in contract or tort, relating to its validity, construction, interpretation, and enforcement, shall be determined. 6 .15 The Parties agree that the State of North Carolina Department of Commerce is a third-party beneficiary of this CPA and may, at its option, enforce the terms of this CPA or appear as a party in any litigation concerning it or the Grant. 6 .16 The Company shall comply with all applicable federal, state, and local laws and regulations. If the Company fails to comply with any law or regulation applicable to it, the Secretary may, in his sole discretion, terminate the Grant and declare that no future Grant disbursement shall be due and payable and/or require the Company to reimburse DOC all or part of any Grant funds previously disbursed following the date of any such violation. The Secretary may determine, in his sole discretion, that where the Company is under investigation for an act involving violation of federal, state, local law or regulation, including an unresolved environmental violation, Grant funds be withheld until such time as a determination of culpability or liability is made, and, if the Company is determined to be in violation, the Grant may be terminated and the Company may be required to reimburse the DOC for all or part of any Grant funds previously disbursed. If such investigation is not concluded within two (2) years of the Grant End Date, the DOC may terminate the Grant. 6 .17 Failure of the Local Government or DOC at any time to require performance of any term or provision of this CPA sh.all in no manner affect the rights of the Local Government or DOC at a later date to enforce the same or to enforce any future compliance with or performance of any of the terms or provisions hereof. No waiver of the Local Government or DOC of any condition or the breach of any term, provision or representation contained in this CPA, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of that or any other term, provision or representation. 6 .18 The Company is encouraged to utilize the services of North Carolina small businesses and minority, female, and disabled contractors, to offer positions in connection with the Project to North Carolina residents, and to use the North Carolina state ports when reasonable and commercially practicable. 6.19 In addition to any rights and remedies provided to the Local Government and DOC by Jaw, DOC has the right, without prior notice to Company, any such notice being expressly waived by Company to the extent pennitted by applicable law, upon the occurrence of any event herein which would result in the Company's obligation to repay some or all of Grant monies disbursed hereunder (including without limitation Section 3 , 4 and 5 hereof), to set-off and apply against any amounts due hereunder, any amount owing from DOC or the State to the Company. 6 .2 0 This Grant award shall terminate and be null and void on Au2ust 1S, 2019, if by that date the CompA9y has not delivered back to the DOC, two originals of this CPA, duly executed by an authorized officer of the Company, and attested in the manner provided below. This -9 - One NC Company Pe,formance Agreement KR/GEN PHARMACEUTICALS UC I Harnell County New J ob Only; Company Only Fonn20/9 071519 HCBOC Page 118 Grant is also subiect to the requirement that the Local Government deliver to the DOC, one original each of the LGGA and this CPA, duly executed by an authorized official of the Local Government, within sixty (60) calendar days following the date on which the DOC sends the LGGA and CPA to the Local Government. together with a copy of the agreement with the Company governing the local incentives to be provided for the Proiect. IN WITNESS WHEREOF, the Company and the Local Government have executed this Company Perfonnance Agreement , effective as of the day and year first written above. This CPA is executed under seal for purposes of any statute of limitations. Approved and Accepted: (Official Seal) AITEST: ______ __, Clerk County of Harnett (Local Government) . ..... . . . . . . . By:--------~~--Name: _____________ _ Title: ------------- Date:----------- Signature Page Follows ..... I f' ........ l 1 ..... ~. ~ t I ,.. . r . '· . , -.. -10 - One NC Company Performance Agreement KR/GEN PHARMACEUTICALS LLC I Harnett Ccunty New Job Only; Company Only Form 2019 :r: en m-::a 0 mz 071519 HCBOC Page 119 (Corporate Seal) STATEOF f'Joetl-1 ~£t)U:-rJlt COUNTY OF (·11tn\:;x!(\ ~ KRIGEN PHARMACEUTICALS LLC (Company) By:~ N~m~H~Nj(Vt1AR R., brr{l- Tttle: __ C=--J=.__,Q _____ _ Authorized Corporate Officer Date : 06 ) 0 T }11..0 \ q I, F\\, C,9, \) V'i\ ,.,S$ w:J, a Notary Public of said State and County, do hereby certify that $:\vw\t,.l,Ar.,.u.'f g_. ~ect(.\ (the "principal") personally appeared before me this day, and/or (i) I have personal knowledge of the identity of the principal, and/or (ii) l have seen satisfactory evidence of the principal's identity, by current State or Federal identification with the principal's photograph, and such principal acknowledged to me that he or she voluntarily sign th foregoing document for the purpose therein and in the capacity indicated. M Notary Printed or Typed Name Witness my band and official seal or stamp, this 5fl_day orJQrJf , 201i- My Com.mission expires on be©:b\;,u ~ 20~ . 11 • One NC Company Pe,formance Agreement KR/GEN PHARMACEUTICALS LLC I Harnett County New Job Only; Company Only Form 2019 071519 HCBOC Page 120 Board Meeting Agenda Item Agenda Item 5G MEETING DATE: July 15, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Reimbursement of Tipping Fees to Southeastern Construction for Shawtown School Building Renovation REQUESTED BY: Barry A. Blevins REQUEST: General Services Director requests the Board of Commissioners approve reimbursement of tipping fees to Southeastern Construction in the amount of $3,866 for construction - demolition materials originating from the Shawtown School Building Renovation. Harnett Co unty Solid Waste provided a container at the job site. The container was dumped by Solid Waste staff but when container was full, Southeastern Construction carted off debris with own equipment instead of delaying work waiting for container to be dumped. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\User s\gwhceler\AppData\Local\Micro soft\ Windows\!NetCache\Conten t.O u tlook\OZMK66X9\agendaform20 19 C D Fee Waiver 19.06.2 0 (003).docx Page 1 of2 071519 HCBOC Page 121 HARNETT COUNTY LANDFILL P.O. Box 2773 LILLINGTON, NC 27546 (910) 814 -6156 SOUTHEASTERN SURFACES, LLC PO BOX 4200 Buies Creek NC 27506 [It: TACH /,Nf) m:TUnN T, )P POFJ fl ON W:T!-1 HU/ii1 f,\M (;L I ··-"j ! I j)Af[ ! r:c1<t T ! 02/28/19 I 03/0 1/'9 01-00614901 03/01/19 01-006 14922 03/06/19 01-00615283 I 03/0 7/19 01-00615400 03/11/19 j o1 -0061561 6 03/11/19 l Ol -00615677 I 03/1 2/19 01-00615804 i 03/15/19 102-00189641 . 03/18/19 I 01-00616319 I I 03/18/19 01-00616400 03/19/19 01-00616 484 I 03/22/19 01-006 1 6730 03/22/19 ,01-00616778 ! 03/25/19 j Ol -00617035 03/26/19 !01-00617044 03/26/19 j o1-0061 7062 03/27/19 I 01 -006 1 7154 I 03/29/19 01-00617328 ! 03/29/19 I Ol-006 1 7436 I 03/29/19 1 01 -006 17453 I !01-00617471 ! 03/30/19 I 03;30/19 ;01-00617486 I 387 V[HiCLE SS38'7.59 SS387.59 SS387.5 9 SS387.59 SS387.59 SS387 .59 SS387.59 SS387.96 SS387.59 SS 38 7.5 9 SS387.96 SS387.59 SS387.59 SS38 7.59 SS387 SS387.91 SS387.59 SS387.59 SS387.59 SS387.59 I l. -I ··--. l. ; i 3108.25 '- R[FERE:NCE·. 59 i I lsai~nc~ -Forw~rct INSTITUTIONAL 'CONSTRUCTION & DEMO CONSTRUCTION & DEM O INSTITUTIONAL ;FURNITURE CONSTRUCTION & DEM O CONSTRU C'l'ION & DE MO Payment CONSTRUCTION & DEMO ,CONSTRUCTION & DE MO j coNSTRUCTION & DEMO !CON STRUCTION & DEMO ICONSTRUC'l'ION & DEMO !CONSTRUCTION & DEMO !CONSTRUCTION & DEMO CONSTRUCTION & DE MO CONSTRUCT ION & DEMO CONSTRUCTION & DEM O ,coNSTRUCTION & DEM O !CONSTRUCTION & DEMO 1CONSTRUCTION & DEM O !CONSTRUCTION & DEMO I 1Cu r r e nt charges 'Total balance due I I I I i I I --T L -·-· '3 1 6L 4056.20 0.00 i. I PAYMENT DUE BY $25.00 SERVICE l 5TH, PLEASE INC LUDE ACCOUNT NUMBER CHARGE FOR RETURNED CHECKS i I -_I 0.00 Printed 04/01/19 I 03/:·:·::, 0.74 3.58 7 .95 0.88 1. 50 1. 84 5.41 4.04 2.90 5.60 1.80 0.53 1.15 4. 84 3.57 2.01 1. 96 : 3. 03 1 4. 59 • 1. 10 I 1 M,1Cur·.1 10643.85 29.60 161.10 357.75 35.20 67.50 82.80 243.45 -6 778.3 5 181.80 130. 50 252.00 8 1 .00 23.85 51.75 217. 80 160.65 90.4 5 88.20 136. 35 206.55 346.50 7.87 I 354.15 I . .,..3298.95 716 4 . 45 . jytt 7164. 45 i I l ! I i I l / l 1 1 I ~ i ij I f • I I i j ! 1 i 1 ' I I i j j I l I l I f ! I I 1 l i I 1 I I l l I l J • I 071519 HCBOC Page 122 Board Meeting Agenda Item Agenda Item SH MEETING DA TE: July 15, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Accepting awarded equipment REQUESTED BY: Sheriff Wayne Coaats REQUEST: Sheriff Coats request to accept the award of two DSR Dash mounted radar units. Serials numbers attached with an approximate value of$ 400.00 each. These items are awarded to Harnett County based upon the N.C. Governor's Highway Traffic Safety Grant points system FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: D:\2 01 8 20I9\agend afo rm201 9 rada r units.docx Page I of I 071519 HCBOC Page 123 PACKING SLIP Applied Concepts, Inc. 855 E. Collins Blvd. Richardson, Tx 75081 U.S.A. Phone 972-398-3750 Cust Order : 4300357402 Packing Slip : 280863 Order Date : 03/20/ 1 9 Page 1 of 2 Sales Order: 230884 Ship Date : 03/21 /19 Bill to: NC Department of Transportation 750 N. Greenfield Pkwy PO BOX 1508 Gamer, NC 27529-6949 Ship to: Hamett County Sheriff's Office 1 75 Bain Street Lillington, NC 2 7546 Sergeant Donald Lucas 910-893-9111 Sales Rep Dave Willhoite Ship Via : FedEx Ground Tenns : Net 30 days Box# Part Number Description Shipped 1 035-0361-00 Shipping Container, Dash Mounted Radar 2 155-2055-04 Antenna Cable, 4 Ft HTS: 8544.20.0000 2 155-2055-20 Antenna Cable, 20 Ft HTS: 8544.20.0000 155-2283-70 CANNSS Cable with Voltage Detection HTS : 8544.20.0000 2 200-0243-00 Counting/Display Tall Mount HTS: 8302.49.7500 2 200-0244-00 Antenna Dash Mount HTS: 8302.49.7500 2 200-0245-00 Antenna Tall Deck Mount HTS: 8302.49.7500 2 200-0648-00 Display Sun Shield HTS: 8302.49.7500 2 200-0769-00 25 MPH/40 KPH KA Tuning Fork HTS: 9209.99.0500 2 200-0770-00 40 MPH/64 KPH KA Tuning Fork HTS: 9209.99.0500 2 200-0821-30 DSR Manual (N. Carolina) 2 200-0921-01 DSR-E Remote Control, Screw Latch, North 2 Carolina HTS: 8543.70.9655 200-0999-20 DSR Enhanced Counting Unit, 1.5 PCB HTS: 8526.10.0070 Serial Number: DEOl 5133 200-1 000-80 DSR-E Modular Display for North Carolina Serial Number: D108 l I 02 200-1237-00 DSR Ka Antenna HTS: 85261000070 2 Serial Numbers: KC 160538 KC I 61306 Bo x # 2 1 55-2055-16 Antenna Cable, 16 Ft HTS: 8544.20.0000 200-0999-20 DSR Enhanced Counting Unit, 1 .5 PCB HTS : 8526. 10.0070 Serial Number: DEO l 51 32 071519 HCBOC Page 124 PACKING SLIP Applied Concepts, Inc . 855 E. Collins Blvd. Richardson, Tx 75081 U .S.A. Phone 972-398-3750 Cust Order : 4300357402 Packing Slip : 280863 Order Date : 03/20/19 Box# 2 Part Number 200-1 000-80 Description DSR-E Modular Display for North Carolina Serial Number: D1080855 200-1237-00 DSR Ka Antenna HTS: 85261000070 Serial Numbers: KC16 J 545 KC16 t 549 ******************** Commen~ ******************** This is a part for part exchange . To avoid receiving an invoice, please return the defective or incorrect part(s) and reference RMA # 148048 within 30 days . Page 2 of 2 Sales Order: 230884 Ship Date : 03/21/19 Shipped I 2 071519 HCBOC Page 125 Board Meeting Agenda Item Agenda Item 51 MEETING DATE: July 15, 2019 TO : HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Accepting donated equipment REQUESTED BY: Sheriff Wayne Coaats REQUEST: Sheriff Coats request to accept canine equipment as per attached. Equipment is donated by the Never Forget 9-11 Foundation. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: D:\2 01 8 2 0I 9\agend aform2 01 9 rada r units.docx Page I of I 071519 HCBOC Page 126 GUN DOG SUPPLY Sales Receipt 1-800-624-6378 • www.gundogsupply.com 17645 US Highway 82 • Mathiston, MS 39752 Order # Order Date Customer ID Online Ref. # 147709_0 _ _,___21_-_M_a,_y-_2_01_9_,_ 757600 Payment Method Visa Last 4 Digits of CC # ] 7096 J Shipping Method 111 I r==.-----~~S_O_L~D_T_O_~---~~~--< ,---'--'----"---"-" --'-----S_H_I_P _T---'O~---'--~--~=_] Christine Weber Livingston Never Forget 9-11 Foundation 919-524-1935 Sgt Lucas 919-524-1935 Harnett County Sheriffs Office 175 BAIN ST LILLINGTON NC 27546-5143 United States ~ 35 STEPHENSON RD BENSON NC 27504-6978 United States christine@neverforget911 foundation .org christine@neverforget911 foundation .erg Comments: Tax Exempt: 81-1994743 ADULT SIGNATURE REQUIRED Additional Notes: SKU 8262 3336-0R 8260 Description Dogtra Pathfinder -1-Dog System -KIT HiFlex 1 in . Universal Replacement Collar Strap -ORANGE Dogtra Pathfinder -1-Dog BASE Ordered Shipped Unit Price $399.99 $0.00 $0.00 Product Total : Sales Tax: Shipping Total: Grand Total: If you have any questions about y our order, call us at 800-624-637 8 o r e mail sales @gundog supply.com. We appreciate your business/ Total $399.99 $0.00 $0.00 $399.99 $0 .00 $0.00 $399 .99 071519 HCBOC Page 127 Order# I 193511A Bill To CHRISTINE LIVINGSTON NEVER FORGET 9-11 FOUNDATION 435 STEPHENSON RD BENSON , NC 27504-6978 Customer No . Sales I.D. 129860 /LP Ordered By Elite K-9 , Inc. 7660 OLD US HWY 45 BOAZ, KY 42027-9613 (270) 554-5515 FEIN 83-0356648 K9 RUGER Invoice Date 05/29/19 Ship To HARNETT COUNTY SHERIFF'S OFF! 175 BAIN STREET LILLINGTON , NC 27546 Reference# Source Terms 1111111111111111 Ill i Page 1 I XXXXXXXX7096 VISA Warehouse Phone Number Total Wt. Zone Pkg Ship Via (919) 524-1935 4.1 Lbs 4 1 FEH NO RETURNS WILL BE ACCEPTED WITHOUT AN RA# 10% RESTOCKING FEE MAY BE CHARGED FOR UNWANTED MERCHANDISE RETURNED Qty 8/0 Ship Item# Description Un. Price Os Amount 1 0 1 AL33 A.SAT. Lead 33' L 42.95 15 36.51 34 33' L X 3/4 W 1 0 AL06 A.SAT. Lead 6' L 15.95 15 13.56 34 6' L X 3/4 W 1 0 1 1DC102 ID Collar W/ Panels 29.95 15 25.46 Includes 2 FREE ID panels of your choice 2 0 2 ID810 Sheriff Reflective ID Panel 0 .00 0 .00 8 x 2 Black Letters on Silver Reflective 1 0 1 MH051 TB Nylon tracking harness 39.95 15 33.96 B Black MERCHANDISE INVOICE TOTAL$ 109.49 SHIPPING & HANDLING $ 11.96 INVOICE TOTAL$ 121.45 CR. CARD: VI , APPR:024134 $ -121.45 YOU HAVE SAVED $19.31 ON THIS ORDER 071519 HCBOC Page 128 Board Meeting Agenda Item Agenda Item SJ MEETING DATE: July 15, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Donating K-9 to Handler REQUESTED BY: Sheriff Wayne Coats REQUEST: Deputy Michael Klingman transferred from the K-9 unit to the Investigations Division on July 1, 2019. It is the opinion of the handler and the training officer that K-9 Dixie cannot successfully be trained to another handler. For this reason , Sheriff Coats is requesting that Deputy Klingman be allowed to purchase Dixie for $1.00. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: P:\B0C\age nd afo rm 20 19.docx Page I of I 071519 HCBOC Page 129 Agenda Item 5K Board Meeting Agenda Item MEETING DATE: July 15, 2019 TO: HARNE TT COUNTY BOARD OF COMMISSIONERS SUBJECT: Crains Creek Volunteer Fire Department Medical First Responders Service REQUESTED BY: Larry Smith, Emergency Services Director REQUEST: We would like to request approval for Crains Creek Volunteer Fire Department to start a Medical First Re sponders Service in Harnett County beginning August 1, 2019. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C :\Use rs\bstan ci1\D eskto p\agendaform201 9 -Crain s C reek MFR Serv ice.docx I of I Page 071519 HCBOC Page 130 I 6/24/19 CRAINS CREEK VOLUNTEER FIRE DEPT. INC. 4525 LOBELIA RD. /PO BOX 999 VASS , N .C. 28394 PH . (910) 245-433 I FAX (910) 245 -7032 E-Mail CRAINSCREEKVFD@ PINEHURST.NET To: Chief Alex Belanovich Reference: First Responder Good Day sir. We have spoken previously reference our department responding to 181 responder calls in the Crains Creek Fire District within Harnett County. We are currently a state medical responder certified department. We do currently run medical first response to Delta and Echo medical calls within our Moore County district and wish to provide the citizens of our Harnett District the same care. We also are speaking with the Emergency Service Director reference to our supplying the district medium rescue services, which we do inside our Moore County District. Please let us know any assistance we may provide to make this service available to the citizens of the district. Thank you. 9(,n.,,.etl,, <ft. df.a.clc"IJ., Fire-Rescue Chief Crains Creek Fire Department 071519 HCBOC Page 131 Agenda Item SL Board Meeting Agenda Item MEETING DATE: .July 15, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Benhaven Emergency Services Medical First Responders Service REQUESTED BY: Larry Smith, Emergency Services Director REQUEST: We would like to request approval for Benhaven Emergency Services to start a Medical First Responders Service in Harnett County beginning August 1, 2019 . FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\bstanci1\Des ktop\agend afo rm2019 -BES MFR Service.docx I ofl Page 071519 HCBOC Page 132 June 20, 2019 Dr. Erin Wi11hs Harnett County Medical Director PO Box 370 Lillington, NC 27546 Dr. Wirths, At the June 17, 2019 meeting of the Benhaven Emergency Services Board of Directors it was formally approved for our fire staff to move forward with officially becoming a pa11 of the Harnett County EMS System as first responders. We have already started the clearance process and our plan has been submitted to the county training officer. Benhaven Emergency Services would like to request your approval for our fire staff to formally become a pai1 of the Harnett County EMS System as non-transpo11 EMT first responders. Thank you for your consideration of our request. RA (Andy) Thomas District Chief P. 0. Box 30 1 • Ol ivia , NC 28368 4023 NC HWY. 87 N. • Sanfo rd, NC 27332 • Phon e: 919-499-9511 • Fax : 919 -498 -0188 071519 HCBOC Page 133 Board Meeting Agenda Item Agenda Item SM MEETfNG DA TE: JuJ y-J,g, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: North Carolina Department of Public Safety Program Ageements -.JCPC Annual Funding 2019-2020 · REQUESTED BY: Wendy Butcher REQUEST: Requesting permission to submit Program Ageements for the NC Department of Public Safety JCPC for the following programs: Harnett County Restititution Program 4-H Teen Court and At Risk Youth Development Re-Entry Healthy Choices School Kids In Power (SKIP)-Dunn Police Athletic League JCPC Administrative FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C :\Users\gwheeler\AppData\Local\M icro soft\Windows\lNetCache\Content.Outlook\OZMK66X9\agendaforrn2019.docx Page l of2 071519 HCBOC Page 134 NC Department of Public Safety Juvenile Crime Prevention Council Certification Fiscal Year: 2019 -2020 I County: Harnett i Date: 5/26/2019 CERTIFICATION STANDARDS STANDARD #1 -Membership A. Have the members of the Juvenile Crime Prevention Council been appointed by county commissioners? B. Is the membership list attached? C. Are members appointed for two year terms and are those terms staggered? D. Is membership reflective of social-economic and racial diversity of the community? E. Does the membership of the Juvenile Crime Prevention Council reflect the required positions as provided by N.C.G.S. §143B-846? If not, which positions are vacant and why? Need two teenagers to sit on the council, non-profit. STANDARD #2 -Organization A. Does the JCPC have written Bylaws? B . Bylaws are D attached or [SI on file (Select one.) C. Bylaws contain Conflict of Interest section per JCPC policy and procedure. D. Does the JCPC have written policies and procedures for funding and review? E. These policies and procedures D attached or [SI on file . (Select one.) F. Does the JCPC have officers and are they elected annually? JCPC has: [SI Chair; [SI Vice-Chair; [SI Secretary; D Treasurer. STANDARD #3-Meetings A. JCPC meetings are considered open and public notice of meetings is provided . B . Is a quorum defined as the majority of membership and required to be present in order to conduct business at JCPC meetings? C. Does the JCPC meet bi-monthly at a minimum? D. Are minutes taken at all official meetings? E. Are minutes distributed prior to or during subsequent meetings? STANDARD #4 -Planning A. Does the JCPC conduct an annual planning process which includes a needs assessment, monitoring of programs and funding allocation process? B. Is this Annual Plan presented to the Board of County Commissioners and to DPS? C. Is the Funding Plan approved by the full council and submitted to Commissioners for their approval? Form JC PC/OP 002 (a) Ju venil e Crim e Preventi o n Counc il Certificati on Form structure last revised Jul y 2 01 4 NC Departmen t of P ubli c Safety Yes Yes yes yes no yes yes yes yes yes Yes yes yes yes yes yes yes Page 1 of 3 071519 HCBOC Page 135 Juvenile Crime Prevention Council Certification (cont'd) STANDARD #5 • Public Awareness A Does the JCPC communicate the availability of funds to all public and private non- profit agencies which serve children or their families and to other interested community members? ([gl RFP, distribution list, and article attached) 8 . Does the JCPC complete an annual needs assessment and make that information available to agencies which serve children or their families, and to interested community members? STANDARD #6-No Overdue Tax Debt A As recipient of the county DPS JCPC allocation , does the County certify that it has no overdue tax debts , as defined by N.C .G .S. §105-243.1, at the Federal, State , or local level? Briefly outline the plan for correcting any areas of standards non-compliance. Meet with School Social Worker for a viable c andid ate Yes yes yes Having compl ied with the Standards as documented herein , the Juvenile Crime Prevention Council may use up to $15,500 of its annual Juvenile Crime Prevention fund allocation to cover administrative and related costs of the council. Form JCPC/ OP 002 (b) JCPC Certification Budget Pages deta iling the expenditure budget must be attached to this certification . The JCPC Certification must be received by June 30, 2019 . JCPC Administrative Funds SOURCES OF REVENUE JCPC Chairperson DPS JCPC Only list requested funds for JCPC Administrati ve Budget. Local Other Total Fonn JCPC/OP 002 (a) Juven ile C rime Prevent ion Counci l Certification Fonn structure last revised July 2014 NC Department of Public Safety $10,037 $10,037 Date ' Date Date Page 2 of3 071519 HCBOC Page 136 Juvenile Crime Prevention Council Certification (cont'd) Hamett County FY 2019-2020 Ins tru c ti ons: N.C.G.S. § J43B -846 s pecifies suggested members be appointed by county commissioners to serve on local Ju venile Crime Prevention Councils. In certain categories, a designee may be appointed to serve. Please indicate the person appoint ed to serve in each category and hi s/her title. Indicate appointed members who are designees for named pos itions. Indic ate race and gender for all appointments. Specified Members Name )) School Superintendent or de s ignee Angie Wood 2) Chief of Police Frankie Powers 3) Local Sheriff or designee Aaron Meredith 4) District Attorney or desig nee Leslie Morris 5) Chief Court Counselor or designee Marsha Woodall 6) Director, AMH/DD/SA, or designee Mary Spell 7) Director DSS or designee Wendy Butcher 8) County Manager or designee Letitia Maynard 9) Substance Abuse Professio nal Terrell Everett 10) M e mb er of Faith Community Rev. Kimberly Whitted I I ) County Commission er Barbara McKoy 12) Two Persons under age 18 (State Yo uth Coun cil Representative, if available) 13) Ju venil e Defense Attorney Chris Hicks 14) Chief District Judge or designee Resson Faircloth 15 ) M ember of Business Community Jim Burgin 16 ) Local H ealth Direc to r or designee A vis Watkins- Smith 17) Rep. United Way/other non-profit I 8) Representative/P arks and R ec. Carl Davis 19) County Commissioner appointee Jamie Strickland 20) County Commi ssione r appointee Cindy Delagado 2 1) County Commissioner appointee Shavonda Guyton 22 ) Count y Commi ssione r appointee Miranda Pearson 23) County Commissioner appointee Dawn Doan 24) County Commi ssioner appointee ALice Price 25 ) County Commissioner appointee Adrian Standish Fonn JCPC/OP 002 (a) Ju venil e Crime Prevention Coun cil Cert ifi cat ion Fonn structu re last revised Jul y 2014 NC Department of Publi c Safety Title Designee Race Gender SChool SW (gJ w F Lillington, Chief D w M Harnett Co SD D w M Asst. DA (gJ w F Chief D w F MH Case (gJ B F Manager SW Supervisor (gJ B F Finance (gJ B F ADS B M Campbell B F University Commissioner B F Atty w M Judge (gJ w M businessman w M Social Worker (gJ B F director w M Harnett Finance w F School SW w F Central Carolina B F Comm. Coll. therapist B F School SW w F School SW B F Family w F Advocate Page 3 of3 071519 HCBOC Page 137 Corrective Action Plan Harnett County FY 19-20 JCPC Certification Standards STANDARD #t-Membership -(NCGA 143B-846) • The Harnett County JCPC has several positions as provided by NCGA 143B-846 not filled for FY 19-20. The following positions are not filled at this time which are: 1. Two teenagers 2. United Way or non profit Corrective Action: The membership committee is currently looking for new strategies to actively recruit for these vacant positions on the JCPC Board. The goal is to have these positions filled no later than October 31, 2019. 071519 HCBOC Page 138 HARNETT County NC DPS -Community Programs -County Funding Plan Available Fun ds: s __ ~s_22_4~,o_3_7 __ Local Match: s $41,322 Rate: -----10% DPS JCPC funds mu st be committed with a Program Agreement submitted in NC A lli es and electronically sign ed by a uthorized official s. , Hamett County JCPC Admin istrative $10,037 $10,037 Dunn Police Athletic League-School Kids in , Power(SKIP) Program $36,000 $3,600 $10,361 $49,961 28% Eleventh Judicial District ReEntry , Inc-Healthy J Choices Program $41,000 $4,500 $45,500 10"A , Hamett County Restitution $88,000 $8,518 $6,651 $103 ,169 15% , Hamett County 4H Teen Court $49,000 $7,692 $56,692 14% " II 11 IJ " " " 11 " T O TALS : $224,037 $8,518 $3,600 $29,204 $265 ,359 16% The above plan was derive d through a planning process by the HARNETT County 2019-2020 Ju,•e nilc C rime Preve ntion Co uncil and represents the County's Plan for use of these funds in FY Amount of Unallocated Funds Amount of funds reverted back to DPS Chairperson, J Discretionary Funds added check type D initial plan D update D final -OPS Use Only-Chairperson, Board of County Commissioners.· • • ·( or County Finance Officer · • • •• •• •• • , Reviewed by Area Consultant Date Reviewed by Program Assistant Dale Verified by Designated State Ott,ce Staff Date 071519 HCBOC Page 139 Harnett County FY 19-20 RFP Distribution List for Request For Proposal RFP Advertising Source RFP Distribution Method 1. Dunn Daily Record Article in Newspaper 2. Harnett County Press Release Harnett County: Twitter & Facebook 3. Harnett County Webpage Online : harnett.org 4. Email Current JCPC board members and providers 5. 6. 7. 8. 9. 10. 11. 071519 HCBOC Page 140 ~~ . ~ i l· ~-:r ,-:;.• ·· .... ,. · Money: ••1 aVail:able· for. ' L : --,' • ~ ,_ ' 1-I l ·11, y~utb:proQr~"lS· • I, I The Harnett County volvement. The you.t,. Juvenile Crime Preven-programs should seitve . ·• tion Council,. JCPC, is delinquent and at-~ : . now accepting applica-youth for the:State fiS£al tions from youth pro-· year 2019-2020 begin,ting . ' grams seeking funding on or after July L 20l9. ,': \, for fiscal year 2019-2020.. The use of ,the Depju;:-JCPC's mission is to ment of Pubij.c Safet, ·, ' address the·gaps in youth funds in Harnett Coillty service by promoting. ' requires a IO percent;. . •\ ·. . prevention, interven-' local match. For furt,· er · . ·,. tion, treatment and after information, interes · . · .. care strategies which applicants may acces ' . strengthen families and . the FY2019·20~ JPPQ , community safety.' . -~ ' Proposal by visitingt•e . · The Harnett County_ · Harnett County. websfe, , Juvenile Crime Pre· · http:/ /www.harnett. 1 vention Council antici-orgljcpc; ox: by contacf.. pates the ~vailability of ing Wendy Butch.er at~ -$224,037 in<intervention wbutcher@har. nett.or' · ._ and prevention funds ·1 or (910-814·6692. The c • · for youth who are most · · sure date for applicati ns · at risk of court in-· · is March 11, 2019. . t ~ .. \ i. I •' .. . ,.., _ ..... " ...--,. '' ....... , .... •., '!f' • ' .. .,, •'"' .. • •--•. r • -~ •. ,,. • • ; ~-.,, . .. www.mydailyr~cord.com . 1 ,.,,nda~ Februa!'Y 4,12019 I 'rhef aily R~cor~,, Du~, N:C. ti:,ACW~ .> J A 071519 HCBOC Page 141 Wendy Butcher From: Sent: To: Cc: Subject: Attachments: Wendy Butcher Monday, February 4, 2019 11 :28 AM 'Angela Wood'; Barbara McKay; 'b lackmoncatering@embarqmail.com'; 'nataliejm'; Carl Davis; 'Cindy Delgado'; Barbara McKay; Gary McNeil!; Aaron Meredith; LaShara Glover; 'Tillman, Ronald'; 'Faircloth, Resson 0.'; 'reentrycp@gmail.com'; 'royhaddock@hotmail.com'; Letitia R. Maynor; 'divineapptcounseling@yahoo.com'; 'kwhitted@campbell.edu'; Frank Powers; 'leslie.w.Morris@nccourts.org'; 'sguyton@adsyes.org'; 'aprice@harnett.k12.nc.us'; Avis Watkins -Smith; Jackie Helton; Henry L. Evans; Alia Williford; 'ddoan@harnett.k12.nc.us'; Jamie Strickland Tillman, Ronald JCPC advertisement of grant funding Article RFP JCPC 2019 ).docx; FY 19-20 Harnett County JCPC Request for Proposal (A pproved by JCPC on 1-28-19).docx; 2-11-19 RFP Training (HARNETT) Interested JCPC Program Applicants Orientation Flyer.doc RFP for the 2019-2020. Ashley was able to send the press release today for the JCPC RFP. She has also uploaded on the webpage so it is included on the JCPC webpage -as well will show on the public information page and on the Harnett County main page under News Releases on Feb . 4. It is also in today's Dunn Daily Record. She also has this on her li st to post on social media for the next month too! MEDIA RELEASE FEBRUARY 4, 2019 J[[trenEh~ (Cr tm e. l"'rcve CT!t"[O Ct CoHncrr Q fr=ar~-~Eff1JC.-Urtg C, p [1.CI r"'u'CH1 rt~r fo E' V dbtc'l':~ !Fro gr-arn~ The Harnett County Juvenile Crime Prevention Council (JCPC) is now accepting applications from youth programs seeking funding for fiscal year 2019-2020. JCPC's Mission is to address the gaps in youth service by promoting prevention, intervention, treatment, and aftercare strategies which strengthen families and community safety. If you have a program serving youth , or are c urrently seeking funding to start a program , the Harnett County Juvenile Crime Prevention Council (JCPC) anticipates the availability of $224,037 in intervention and prevention funds for youth that are most at risk of court involvement. The youth programs should serve delinquent and at- risk youth for the state fiscal year 2019-2020 beginning on, or after, July 1, 2019. The use of the Department of Public Safety (DPS) funds in Harnett County requires a 10% local match. For further information, interested applicants may access the FY2019-2020 JCPC Proposal by visiting the Harnett County Website, http://www.harnett.org/jqx, or by contacting Wendy Butcher at wbutcher@harnett.org or (910) 814-6692. The closure date for applications is March 11 , 2019. The NC Department of Public Safety, Division of Adult Correction and Juvenile Justice is also providing an orientation training for interested JCPC program applicants. The purpose of this orientation training is to provide information on the JCPC program application process, information about registering for NCALLIES, navigating the NCDPS website to access NCALLIES for program application submission, statutory expectations, 1 071519 HCBOC Page 142 and etc. This training will provide information to Sponsoring Agencies/Programs regarding documentation and record keeping, reporting and accountability requirements, minimum standards, and other Departmental requirements. The training will be offered on February 11, 2019 from 1 Oam -11 am and 3pm-4pm at Harnett County Governmental Complex, located at 311 Cornelius Harnett Blvd. Lillington, NC 27546. Attendees should register with Wendy Butcher, Harnett County Funding Committee Chair at marsha.woodall@ncdps.gov or NCDPS Area Consultant, Ronald Tillman at ronald.tillman@ncdps.gov. This is a courtesy orientation training offered by Central Area Consultant, Ronald Tillman and interested sponsoring organizations/program managers and /or designees are invited to attend. JCPC Meetings are held monthly at the Harnett County Cooperative Extension office, and the public is welcome to attend. Attachments FY 19-20 Harnett County Approved JCPC Request for Proposal JCPC Program Applicants Orientation Flyer Ashley Deans, MBA Community Relations Coordinator I Harnett County Manager's Office Phone : (910 ) 814-6001 I Fax: (910) 814-2662 Online: adeans@harnett.org I www.harnett.org / Address: 420 McKinney Parkway (Physical) I P.O. Box 759 (Mailing) I Lillington , N.C. 27546 2 071519 HCBOC Page 143 JCPC Program -Program Agreement SECTION I A SPONSORING AGENCY AND PROGRAM INFORMATION FUNDING PERIOD: FY 19-20 DPS/JCPC FUNDING# (cont only)j543-XXXX COUNTY: Harnett AREA: Central Area Multi-County : No Multi-Components No NAME OF PROGRAM :!Healthy Choices SPONSORING AGENCY: Eleventh Judicial District ReEntry , Inc. SPONSORING AGENCY 1329 N. Brightleaf Blvd . Suite A-2 PHYSICAL ADDRESS : Smithfield NC 27577 SPONSORING AGENCY PO Box 115 3 MAILING ADDRESS: Smithfield NC 27577 TYPE : Non-Profit I I FEDERAL ID #]56-2106268 COMPONENT ID# NAME OF PROGRAM COMPONENT PROGRAM TYPE TOTAL COST OF EACH COMPONENT 24685 He althy C hoices Inter persona l Skill Buil ding $45,500 Program Manager Name & Address (same person on signat ure p age) Name: Dot Ehlers Mailing PO Box 1153 Address : Phone: (919) 989-7278 Ext:1 I Fax: J (919) 989-8943 Contact Person (if di fferent from progra m manager) Name: Dot Ehle rs Mailing PO Box 11 53 Address : Phone: (91 9) 989-7278 Ext: 1 I Fax: J (919) 989-894 3 Program Fiscal Officer (cannot be oroaram manaaer J Name: A ntoan Whidbee Mailing PO Box 8 10 Address: Phone: (9 19) 934-3222 Ext 1 Form J CPC/P A 00 I JC PC Program Agre ement Form structure la s t revised 12/3 1/201 2 Department of P ub li c Safety I Fax:J (91 9) 989-8943 Total cost of components: $4 5,500 Title : Execut ive Director City: Smithfield Zlp:127577 I E-mail: I re entrycp@ gmai l .com Title: Executive D irector City : Smithfield Zip: 2 7577 I E-mail: J reentrycp@ gmail.co m Title: Board Treasurer City : Smithfield Zip:,27577 I E-mail: I reentrycp@ gmail.com 071519 HCBOC Page 144 SECTION I B PROGRAM COMPONENT DESCRIPTION COMPONENT ID # COMPONENT INFORMATION 24685 NAME OF COMPONENT: Healthy Choices BRIEF DESCRIPTION: Prov ides parenting and fam ily sk ill s programming that teaches interpersonal skills to youth and their parents(s ). Strengthening the Family is an evidence based curriculum that will improve family relations , increase parenting skills , improve youth behavior, increase youths, social competencies and reduce substance abuse. Fo rm JCPC/PA 001 JCPC Program Agreement Form structure last revised 12/3 1/20 12 Department of Publ ic Safety ( ' 071519 HCBOC Page 145 SECTION II I COMPONENT STATISTICAL INFORMATION Multi-Co mponents No Component Service Statist ics jPROGRAM COMPONENT INFORMATION -APPLICATION YEAR Component Name: Healthy Choice s Component ID# 24685 What is this component's maximum client capacity at any given time? 20 Frequency of client contact per month: 11 Anticipated Average Length of 120 Days St ay : Tot al Component C ost: $45.sool -;-by Esti mated# to be served during funding period : 19 Estimated Average Cost Per Youth: $2 ,395 Applies t o 7 continuati on programs only. 0 0 Form JCP C/PA 001 J C PC Program Agreeme nt Form s tructure la s t revised O I /09/2012 Department of Publi c Safety Actual number of youth admitted FY 17-18: 9 Number of admissions Juvenile Justice Referred 77.78 % of total admissions Number of admi ssion s Law Enforcement Referred 0% of total admissions Number of admi ss ions Distri ct Court Referred 0% of total admissions 071519 HCBOC Page 146 SECTION Ill COMPONENT SUMMARY NAME OF COMPONENT: Healthy Choices 1. Statement of the Problem: In concise terminology, describe how the program will address continuum need(s) in the county. Harnett County JCPC identified the following concerns for our youth and their families. There is an elevated percentage of parents with marginal parenting skills who provide inadequate suppervision: there is an elevated percentage of parents/custodians and siblings with a criminal history; and there is an elevated youth reported family discord . Healthy Choices will provide parenting , family skills building, and interpersonal skills. Many of the families of the at-risk youth we serve lack communciation skills, parent and child bonds, and the ability to settle fa_mily conflicts. Parents lack the knowledge and skills to manage thier youth's behavior, utilize effective discipline, manage stress and often abuse drugs. These parents do no recognize the effect of their behavior on their children. These deficits often lead to youth non-complaince , poor grades , the lack of attachment to school , agressive behavior and depression. These youth also have poor communtication skills , a lack of coping skills for handing anger and substance abuse problems. Utilizing the Strenthening the Family model, we will build on the family protective factors that promote a positive family climate. The program promotes family bonding by opening each session with family meals. In the parent only sessions parental monitoring , supervision, discipline and child rearing are discussed. The youth only sessions address managing anger, improving communciations skills, school success and substance use/abuse. Family communication of values and expectations will be addressed during the family portion of the program. Implementing this best practise model requires us to work with the entire family. 2. Target Population: Describe the target population, including age, and the steps taken to insure that the target population is served. Healthy Choices provides services to any at-risk youth ages 10 to 17 and their entire family in an effort to build strong healthy families. We will serve youth with the following risk factors : skill deficits ; low self-esteem ; behavior problems; pro-drug attitudes ; lack of academic motivation ; psychological distubances; lack of peer refusal skills; and who reject pro-social values. These are considered the most at-risk youth. Youth and families will be identified by the Juvenile Justice, courts , schools , social services and parents. There will be continuous contact with referral and potential referral agencies to ensure the target population is served . 3. Program Goal(s): Provide a brief statement to describe the overall purpose of the program. The goal is to nuture family relationships and increase adaptive functioning skills for the entire family and youth. We will focus on building family bonds , increasing parenting skills , improving child behavior, and teaching youth skills for communicating , coping with anger and recognizing feelings .. Each family will be assessed with regard to strengths , protectative factors and deficits. lndividuallized plans for each family will be developed. We will support and build strong families which decreases the youth's likelihood to associate and be influenced by negative peers and participate in criminal behavior. 4. Measurable Objective(s): State in measurable terms (%) the intended effect of the program on specific undisciplined and/or delinquent behaviors. Exa mple: anticipated reductions in court referrals, runaway behavior, disruptive behavior at school, anticipated improved school attendance and academic achievement. These objectives must include impact on participants. Form JCPC/PA 001 JCPC Program Agreement Form s tructure la st revised 12/3 1/2012 Departm ent of Public Safety 071519 HCBOC Page 147 SECTION Ill COMPONENT SUMMARY NAME OF COMPONENT: Healthy Choices 70% Clients will have no new adjudications for a complaint with an offense date after the admission date. 80% Clients successfully/satisfactorily completing the program will have no new complaints in the 12 months following completion. 8% Clients will successfully or satisfactorily complete services as intended by the program design/service plan. 70% Clients will have no new complaints with an offense date after the admission date. 80% Clients will reduce specific problem behaviors presented at referral and targeted in the individual service plan . 80% Clients will demonstrate improvement in targeted skills identified in the individual service plan. 80% Clients successfully/satisfactorily completing the program will have no new adjudications in the 12 months following completion. 5. Elevated Risks and Needs: Describe how you will address one or more of the Elevated Risk and Needs of adjudicated juveniles listed in the local JCPC Request for Proposal. Based on highlights of the FY 2019-20 risk assessment data for Harnett County, we will address family domain risk factors. These factors are an elevated percentage of adjudicated youth parents who lack parenting and supervision skills , elevated percentage of parents/custodians and siblings with a criminal history and an elevated percentage of youth who report family discord. We will utilize the evidence based Strengthening Families Program curriculm to improve family relations, increase parenting skills , improve school and at-home behavior, increase social competencies and reduce or prevent drug abuse . Additionally, Family bonding and attachment will be improved and social skills will be increased. Fonn JCPC/PA 001 JCPC Program Agreement Fonn structure last revised 12/3 1/20 12 Depart ment of Publi c Safety 071519 HCBOC Page 148 SECTION IV COMPONENT NARRATIVE (attach for each component) NAME OF COMPONENT: Healthy Choices 1. Location : List physical address(es) and des cribe where program services are delivered. ReEntry has partnered with the Harnett County Commissioners for permanent office space at Shawtown. However, during the renovation period our temporary office location is 1028 S. 12th Street Erwin 28339. We have also partnered with First Baptist Church of Erwin and they are allowing us to hold group sessions in their education building at 300 S.12th Street Erwin , NC . We will also continue looking for opportunities to implement the TND model in satelite locations. Schedules at satelite locations will be determined by the administration at each location and may be different. 2. Operation : Describe the daily/weekly schedule of program operation. We are providing intakes and family case management in our Erwin ReEntry office. Strengthening the Family groups will be held on Monday nights from 6pm -9pm . The program is 10 weekly sessions lasting 3 hours and include youth and their families. Each week session starts with our families sharing a meal and brief discussion based on curriculum outline. Following the meal , we have break-out sessions for both the youth and a separate group for parents and guardians. The last hour of the session families come together to set goals for the week . Monthly family case managment includes the youth , parents/guardians, court counselor and reentry case manager. School visits will be completed as needed. We will also continue looking for opportunities to implement the Project Towards No Drugs (TND) curriculum groups at satelite locations, if needed. Schedule will be determined by the administration at each location . 3. Staff Positions: Describe paid or volunteer position qualifications, (certifications, degrees, work experience) and position(s) responsibilities relative to this component. 1 Case Manager (3/4-time) Qualifications: BA in Social Work or human service field , 2 years experience with youth , or a combination of education & experience, and a desire to implement a strength-based best practice model. Responsibilities : Case Manager oversee caseload and will conduct intakes , advise family of program schedule , conduct case management sessions , and act as liasion between NCDPS-DACJJ , Juvenile Court, DSS, Mental Health, schools , and other referring agencies. Lead sessiions utilizing the Strengthening the Family curriculm. Group facilitators lead family groups, parent only groups and youth only groups . Case manager will be present in Juvenile Court to schedule intake app o intment for each family . 2 Contractual Group Facilitators Qualifications: BA in Social Work or human service field , 2 years experience with youth , or a combination of education & experience, and a desire to implement a strength-based best practice model. Responsibilities : Lead sessions utilizing the Strengthening the Family and/or TND curriculum . Group facilitators lead family groups, parent only groups and youth only groups. 1 Services Quality Assurance Manager (part-time) Qualifications: BA in Social Work or human service field , 2 years experience with youth , or a combination of education & experience, and a desire to implement a strength based model. Responsibilities: Program Development, Audit client records to keeping in compliance with NCDPS JCPC Pol icy Standards; Monitoring Program compliance to the keep fidelity of the SF model and NCDPS JCPC Policy . Fo nn JCPC/PA 0 01 JCPC Program Agreemen t Fo nn structure last revised 12/3 1/2012 Departme nt of Pub lic Safety 071519 HCBOC Page 149 SECTION IV COMPONENT NARRATIVE (attach for each component) NAME OF COMPONENT: Healthy Choices NOTE: All program staff attend monthly treatment team meetings and receive guidance from the psychologist with regard to clinical and implementation stratergies. 4. Service Type SPEP: Describe implementation to include: Primary Service: Social Skills Training ; Secondary Service : None 5. Admission Process: Describe the specific referral, screening, admission process (including timeline), the staff responsible for making decisions about admissions and reasons why a referral may not be accepted. Juvenile Court referrals are our top priority because it allows us to intervene and possibly disrupt the anti-social patterns of court/court counselor involved youth . We also attend truancy court to identify other families in crisis. At- risk youth are targeted through presentations to school social workers , mental health , DSS, Juvenile Court, and our collaboration with other community stakeholders. The Case Manager will conduct a staffing with the referring agency and a comprehensive psycho-social intake with the family and client in order to obtain a thorough family history. Based on the referral , assessments , and psycho-social history families will be assigned to groups. During the intitial group session , we review program outline , complete pre-test, set goals, and group rules. All releases will be signed during the intake process. Initial contact with families is made within 10 days of the referral. 6. Termination Process: Describe the termination process to include the staff responsible for making decisions and the criteria for a successful termination, satisfactory termination, unsuccessful completion and non-compliant termination. Families w ill be successfully terminated after completing 10 family sessions , case management and an exit interview. Youth and families will be satisfactory terminated after completing at least 6 sessions and demonstrating improvement in the areas of concern identified in their individualized treatment plan. Terminations will be identified as unsuccessful when clients fail to make progress on the individualized treatment plan , fail to attend group and/or case management , and/or are disruptive to the process without correction. The case manager and director will review cases for status updates and termination results. How is the referring agency involved with the tennination process? Monthly staffings are conducted and/or progress reports submitted to the juvenile court counselors or other referring agency to monitor program compliance . The referring agency may participate in all family review meetings to address concerns. Juvenile court counselors may refer cases back to court for non-compliance. Cases referred from Truancy Court are reviewed as scheduled by the court. 7 . Referring Agency Interaction: Describe the interaction with juvenile court counselors and/or other referring agencies including how client progress will be communicated. We are present in juvenile court and truancy court to target and screen appropriate cases and to schedule an intake appointment with each family . A referral form is completed and submitted to ReEntry by the referring agency. The Case Manager will make initial contact with families , conduct intake, family case management sessions , and schedule school visits as needed . The CM maintains ongoing contact with the assigned juvenile court counselor for each youth , with additional contacts as needed for critical cases . Each month , the CM and/or supervisor meet with Juvenile Court Counselors to staff cases regarding attendance, participation , successes , or concerns. Monthly progress reports are submitted to Juvenile Court or other referring agencies and client tracking is updated. Form JCPC/PA 001 JCPC Program Agreeme nt Form structu re last revised 12/3 I /201 2 Departm e nt o f Publi c Safety 071519 HCBOC Page 150 SECTION IV COMPONENT NARRATIVE (attach for each component) NAME OF COMPONENT: Healthy Choices 8. Intervention/Treatment: Describe specifically what the c omponent will do to redire ct inappropriate youth behavior or how the component will address the identified needs of the youth and family. What interventions will typically be utilized in this component and how will parents/guardians be involved? Using the Strengthening Family model , family and youth will participate together in 10 group sessions . Each session begins with a family meal. These sessions will focus on building family bonds through family meetings , increased parent/youth time , and effective communication skills . There will break out groups for parents and youth only and then the families come together to work as families . Parents will learn the need to provide supervision, and effective discipline techniques while recognizing the the need for positive interactions. Youth will increase coping skills for anger , increase their ability to identify feelings , increase peer refusal skills and increase their knowledge of substance abuse. Project TND-Towards No Drug Abuse will be used only in the satellite locations . This is an 8-week program facilitated in a classroom-type setting . Students will increase interpersonal skills, adaptive coping and self-management skills, decision-making and critical thinking , and increased knowledge of the negative consequences of drug use. 9. Best Practice Model: Describe what model or evidence-supported/best practice the program is based upon . We will utilize two different evidence-based curriculums . At the ReEntry office we will use the Strengthening Families model. This program addresses deliquent behavior by building on family bonds, conducting family meetings, teaching parenting skills and increasing the youth's social competencies . We will also utilize the 6-week Project TND-Towards No Drug Abuse model at satelite locations. Fo nn JCP C/P A 0 0 1 JC PC Program Agree ment Fo nn stru cture last rev ised 12/31 /201 2 Depart ment of Public Safet y 071519 HCBOC Page 151 SECTIONV Terms of Agreement This Agreement is entered into by and between Department of Public Safety (hereinafter referred to as DPS), and Harnett County, (hereinafter referred to as the County), the County's Juvenile Crime Prevention Council (hereinafter referred to as the JCPC) and Eleventh Judicial District ReEntry, Inc. (hereinafter referred to as the Sponsoring Agency). DPS , the County, the JCPC and the Sponsoring Agency do mutually agree as follows: Term of Agreement This Agreement shall become effective Jul 1, 2019 and shall terminate Jun 30, 2020. Payment to Sponsoring Agency All parties agree that services will be delivered as described in the approved JCPC Program Agreement and that JCPC funds will be disbursed in an amount not to exceed the amount $41000 for the term of this agreement, unless amended by an approved JCPC Program Agreement Revision. Availability of Funds: ---- All parties to this Agreement agree and understand that the payment of the sums specified in this JCPC Program Agreement budget is dependent and contingent upon and subject to the appropriation, allocation , and availability of funds for this purpose to the DPS. Responsibilities of the Parties DPS shall: 1. Disburse funds monthly to County Governments, for payment to the Sponsoring Agency, from the Juvenile Crime Prevention Council (JCPC) fund appropriation by the General Assembly ; 2 . Reserve the right to suspend payment to the County for any non-compliance by the Sponsoring Agency with any reporting requirements set forth in the JCPC Policy and Procedures; 3. Notify in writing the County and Sponsoring Agency immediately if payments are suspended and again once payments resume; 4 . Pay only for work as described in the JCPC Program Agreement provided by the Sponsoring Agency and approved subcontractors; 5 . Provide technical assistance , orientation and training to the Sponsoring Agency, the County and the JCPC; 6 . Monitor Sponsoring Agency's JCPC funded program(s) in accordance with JCPC Policy 3. Operations: Program Oversight and Monitoring; and 7 . Notify parties entering into this Agreement of all due dates in a timely manner in order for reports to be submitted by the established due date. The Sponsoring Agency shall : 1. Comply with all laws, ordinances , codes, rules , regulations, and licensing requirements that are applicable to the Fo rm structu re last revised 12/20/2 01 3 Dep artmen t o f Pu b li c Safety 071519 HCBOC Page 152 conduct of its business , including those of Federal, State , and local agencies having jurisdiction and/or authority; 2. Comply with all Federal and State laws relating to equal employment opportunity ; 3. Keep as confidential and not divulge or make available to any individual or organization without the prior written approval of the DPS any information, data , instruments, documents, studies or reports given to or prepared or assembled by the Sponsoring Agency under this Agreement ; 4. Acknowledge that in receiving , storing , processing or otherwise dealing with any confidential information it will safeguard and not further disclose the information except as otherwise provided in this Agreement; 5. Comply with the Juvenile Crime Prevention Policy and Procedures established by the DPS and the North Carolina Administrative Procedures ; 6. Secure local match as required , pursuant to 148 NCAC 118.0105, for the approved JCPC funds; 7. Create and adopt individualized guidelines specific to the funded program , while also adhering to JCPC Policy and Procedures established by DPS for all JCPC funded programs and for the specific program type for which they receive funding ; 8. Ensure that state funds received are spent in accordance with the approved JCPC Program Agreement and be accountable for the legal and appropriate expenditure of those state funds ; 9. Maintain reports , records, and other information to properly document services rendered and outcomes; also maintain an ability to send and receive electronic communication ; 10. Have the capacity to use DPS electronic , internet-based system for tracking clients served ; 11 . Use generally accepted accounting procedures that guarantee the integrity of the expenditure of JCPC funds , maintain reports , records, and other information to properly account for the expenditure of all State funds provided to the Sponsoring Agency ; 12. When refunds are requested from the North Carolina Department of Revenue for sales and/or use taxes paid by the agency in the performance of the JCPC Program Agreement, as allowed by NCGS §105-164.14(c), the agency shall exclude all refundable sales and use taxes from reportable expenditures submitted to the County and DPS; 13. Submit JCPC Program Agreement Revisions, Third Quarter Accounting , Final Accounting and annual detailed expenditures through NCALLIES. These reports must be in accordance with the submission process as outlined in the JCPC Policy and Procedures established by DPS and with the due dates established by DPS; 14. Make personnel, reports , records and other information available to DPS , the County , the JCPC, and/or the State Auditor for oversight, monitoring and evaluation purposes ; 15. Submit any other information requested by the JCPC , County or DPS ; 16 . Be responsible for the performance of all subcontractors as described in the JCPC Program Agreement; 17 . Indemnifies and holds harmless DPS, the State of North Carolina , the County and any of their officers, agents and employees, from any claims of third parties arising out of any act or omission of the Sponsoring Agency in connection with the performance of the JCPC Program Agreement; 18. Receive permission and budgetary approval from DPS prior to using the JCPC Program Agreement as a part of any news release or commercial advertising and acknowledge DPS funding in partnership with the County; 19. Comply with DPS trainings and requirements regarding the United States Department of Justice national standards to prevent , detect, and respond to prison rape under the Prison Rape Elimination Act (PREA); Reference: 148 NGA C 118, and in compliance with JCPC Policy 2: Operations: Program Operational Requirements Sponsoring Agency Contractor(s)/Subcontractors ~ Yes, subcontractors are included in the JCPC Program Agreement budget. If yes, the following only applies when subcontractors are providing services as described in the JCPC Program Fonn s tructure last revised 12/20/201 3 D epart me nt o f Public Safety 071519 HCBOC Page 153 Agreement (listed in Line Item 190 of the budget). 20 . Receive prio r approval from DPS in the form of a contract being submitted with the JCPC Program Agreement if any of the services described in the JCPC Program Agreement are provided by a subcontractor; NOTE: Contracts signed by all parties must be submitted once the JCPC Program Ag reement receives signed approval from DPS. Spons oring Agencies will be notified requesting this information . 21 . Hold any contractor or subcontractor to which the Sponsoring Agency provides State funds accountable for the legal and appropriate expenditure of State funds , and to all applicable laws and Juvenile Crime Prevention Council Policies and Procedures; 22 . Ensure that all subcontractors provide all information necessary to comply with the standards set forth in the JCPC . Program Agreement ; and 23 . Be deemed an independent contractor in the performance of services described in the JCPC Program Agreement and as such shall be wholly responsible for the services to be performed and for the supervision of its employees . The Sponsoring Agency represents that it has, or shall secure at its own expense , all personnel required in performing the services as described in the JCPC Program Agreement. Such employees shall not be employees of, or have any individual contractual relationship with, DPS ; The JCPC shall: 1. Ensure the Sponsoring Agency uses JCPC funds for only the purposes DPS has approved in JCPC Program Agreement or JCPC Program Agreement Revision(s); 2. Comp ly with the Juvenile Crime Prevention Policy and Procedures established by DPS and the North Carolina Admin istrative Code; N .C .G .S. §143B-801(a);143B-602;143B-851 3. Review and locally approve Program Agreement Revisions received from the Sponsoring Agency and submit to the County in a timely manner; 4. Review and locally approve Third Quarter Accounting forms and submit to the County in order to meet the due date established by DPS ; 5. Submit any other information requested by the County or DPS ; and 6. Monitor the Sponsoring Agency's currently funded JCPC program(s) in accordance w ith JCPC Policy 3. Operations: Program Oversight and Monitoring R efere nce: 148 N CA C 118.0202 and JCPC Policy 1, 7, 8, 9, 10, a nd 11 . The County shall: 1. Ensure the Sponsoring Agency is appropriately licensed , and e ither a publi c agency or a 501 (c) 3 private non- profit organization ; 2. Use JCPC funds only for the purposes DPS has approved in program agreements or program agreement revisions ; Form struct ure last revised 12/20/20 13 Department o f P ub li c Safety 071519 HCBOC Page 154 3. Disburse JCPC funds monthly and oversee JCPC funds to the Sponsoring Agency in accordance with 148 NCAC 118.0108 4. Comply with the Juvenile Crime Prevention Policy and Procedures established by DPS and the North Carolina Administrative Procedures; 5. Review and locally approve Program Agreement Revisions received from the Sponsoring Agency for final approval from DPS ; and 6. Review and locally approve Third Quarter and Final Accounting forms for the JCPC and all JCPC funded programs according to the procedures and due dates established by DPS . Reference : 148 NCAC 118; JCPC Policy 3, 7, 8, 9, 10, and 11 Headings : The Section and Paragraph headings in these General Terms and Conditions are not material parts of the agreement and should not be used to construe the meaning thereof. Choice of Law: The validity of this Program Agreement and any of its terms or provisions , as well as the rights and duties of the parties to this Program Agreement , are governed by the laws of North Carolina. The parties, by signing this Program Agreement , agree and submit, solely for matters concerning this Program Agreement , to the exclusive jurisdiction of the courts of North Carolina and agree, solely for such purpose , that the exclusive venue for any legal proceedings shall be Wake County, North Carolina. The place of this Program Agreement and all transactions and agreements relating to it, and their situs and forum , shall be Wake County, North Carolina , where all matters , whether sounding in Program Agreement or tort , relating to the validity, construction , interpretation , and enforcement shall be determined . Assignment: No assignment of the Sponsoring Agency's obligations or the Spon soring Agency's right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority, DPS may : (a ) Forward the Sponsoring Agency's payment check(s) directly to any person or entity designated by the Program Manager, or (b) Include any person or entity designated by Sponsoring Agency as a joint payee on the Sponsoring Agency's payment check(s). In no event shall such approval and action obligate DPS or County Government to anyone other than the Sponsoring Agency and the Sponsoring Agency shall remain responsible for fulfillment of all Program Agreement obligations. Beneficiaries: Except as herein specifically provided otherwise , this Program Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors. It is expressly understood and agreed that the enforcement of the terms and conditions of this Program Agreement , and all rights of action relating to such Fonn structure last revised 12/20/2013 Department of Publi c Safety 071519 HCBOC Page 155 enforcement, shall be strictly reserved to DPS , the County Government, and the Sponsoring Agency . Nothing contained in this document shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of DPS and County Government that any such person or entity, other than DPS or the County Government, or the Sponsoring Agency receiving services or benefits under this Program Agreement shall be deemed an incidental beneficiary only. Property Rights Intellectual Property -All deliverable items produced pursuant to this Program Agreement are the exclusive property of DPS. The Sponsoring Agency shall not assert a claim of copyright or other property interest in such deliverables. Physical Property -the Sponsoring Agency agrees that it shall be responsib le for the proper custody and care of any property purchased for or furnished to it for use in connection with the performance of this Program Agreement and will reimburse DPS for loss of, or damage to, such property. At the termination of this Program Agreement , the Sponsoring Agency , County Government, and JCPC shall follow the guidelines for disposition of property set forth in Administrative Code and JCPC policy . Reference: 148 NCAC 118.0110; JCPC Policy 9. Fiscal Accounting and Budgeting: Final Accounting Process . ' ' Disbursements and Internal Controls Reversion of Unexpended Funds Any remaining unexpe nded JCPC funds DPS disbursed to the County for the Sponsoring Agency must be refunded/ reverted back to DPS at the close of fiscal year or upon termination of this Agreement. Accountability for Funds Audit Requirement -Local Government or Public Authority Requirements Local Government or Public Authorities in accordance with N.C.G.S. §159-34 must have an audit performed in conformity with generally accepted auditing standards . The audit shall evaluate the performance of a unit of local government or public authority with regard to compliance with all applicable Federal and State agency regulations. This audit , combined with the audit of financial accounts, shall be deemed to be the single audit described by the "Federal Single Audit Act of 1984". Audit Requirement -Non-Governmental Entities: An audit, when required by law, or requested by the County or DPS shall be performed in conformity with generally ac cepted auditing standards and audits of non-governmental entities, both for-profit and not-for-profit, and must meet the requirements of 0MB Circular A-133 . At a minimum , the required report shall include the financial statements prepared in accordance with generally accepted accounting principles, all disclosures in the public interest required by law, and the auditor's opinion and comments relating to financial statements. The audit report must be submitted to the State Auditor's office as required by law, to the County and DPS , and to other recipients as appropriate within nine (9) months after the end of your program's fiscal year. Oversight Fonn structu re last revised 12/20/20 13 Department of Public Safety 071519 HCBOC Page 156 Access to Persons and Records: The State Auditor shall have access to persons and records as a result of all Program Agreements entered into by State agencies or political subdivisions in accordance with N .C.G.S. §147-64.7. Additionally, as the State funding authority , DPS shall have access to persons and records as a result of all Program Agreements entered into by State agencies or political subdivisions. Record Retention: Records shall not be destroyed , purged or disposed of without the express written consent of DPS . State basic records retention policy requires all records to be retained for a minimum of five years or until all audit exceptions have been resolved , whichever is longer. If the Program Agreement is subject to Federal policy and regulations , record retention may be longer than five years since records must be retained for a period of three years following submission of the final Federal Financial Status Report , if applicable , or three years following the submission of a revised final Federal Financial Status Report. Also , if any litigation , claim , negotiation , audit , disallowance action, or other action involving this Program Agreement has been started before expiration of the five-year retention period described above, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular five-year period described above , whichever is later. No Overdue Tax Debt -Not for profit organizations ONLY will comply with this section. Form must be attached to the Program Agreement upon submission. The Sponsoring Agency shall be responsible for the payment of all State, local, and Federal taxes . Consistent with N. C.G.S . § 143C-6-23 (c), not for profit organizations shall file with DPS and the County a written statement completed by that Sponsoring Agency's board of directors or other governing body, stating whether or not the Sponsoring Agency has any overdue tax debts , as defined by N.C.G.S. 105-243.1, at the Federal , State, or local level. This written statement, Certification of No Overdue Ta x Debts, shall be completed by the Sponsoring Agency and attached to the Program Agreement upon submission . Conflict of Interest -Not for profit organizations ONLY will comply with this section. Form must be attached to the Program Agreement upon submission. Consistent with the N.C.G.S. §143C-6-23 (b), not for profit organizations shall file with DPS and the County a copy of that Sponsoring Agency's policy addressing conflicts of interest that may arise involving the Sponsoring Agency 's management employees and the members of its board of directors or other governing body. The policy shall address situations in which any of these individuals may directly or indirectly benefit , except as the Sponsoring Agency's employees or members of its board or other governing body , from the Sponsoring Agency 's disbursing of State funds and shall include actions to be taken by the Sponsoring Agency or the individual , or both to avoid conflicts of interest and the appearance of impropriety. The policy shall be filed before the County or DPS may disburse any funds. The Sponsoring Agency shall also complete the DPS Conflict of Interest Policy Statement (Form DPS 13 001) and attach the statement and the Sponsoring Agency's policy addressing conflicts of interest to the JCPC Program Agreement upon submission . Amendment: This Agreement may not be amended orally or by performance. Any amendment must be requested by the Sponsoring Agency through submission of a JCPC Program Agreement Revision and executed by duly authorized representatives of DPS , the County Government, JCPC and Sponsoring Agency. Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this Program Fonn structure last revised 12/20/2013 Department of Public Safety 071519 HCBOC Page 157 Agreement violates any applicable law, each such provision or requirement shall continue to be enforced to the extent it is not in violation of law or is not otherwise unenforceable and all other provisions and requirements of this Program Agreement shall remain in full force and effect. Termination for Cause: If, through any cause , the Sponsoring Agency shall fail to fulfill its obligations under this Program Agreement in a timely and proper manner, DPS shall have the right to terminate this Program Agreement by giving written notice to the Sponsoring Agency and specifying the effective date thereof. In that event, all finished or unfinished deliverable items prepared by the Sponsoring Agency under this Program Agreement shall , at the option of DPS , become its property and the Sponsoring Agency shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials , minus any payment or compensation previously made. Notwithstanding the foregoing provision, the Sponsoring Agency shall not be relieved of liability to DPS for damages sustained by DPS by virtue of the Sponsoring Agency's breach of this agreement, and DPS may withhold any payment due the Sponsoring Agency for the purpose of setoff until such time as the exact amount of damages due DPS from such breach can be determined . The filing of a petition for bankruptcy by the Sponsoring Agency shall be an act of default under this Program Agreement. Termination without Cause : DPS , the County Government. or the Sponsoring Agency may terminate this Agreement at any time and without cause by giving at least thirty (30) days advance written notice to the other. If this Program Agreement is terminated by DPS as provided herein , the Sponsoring Agency shall be reimbursed on a pro rata basis for services satisfactorily provided to DPS under this Program Agreement prior to Program Agreement termination. Waiver of Default: Waiver by DPS of any default or breach in compliance with the terms of this Program Agreement by the Sponsoring Agency shall not be deemed a waiver of any subsequent default or breach and shall not be construed to be modification of the terms of this Program Agreement unless stated to be such in writing , signed by an authorized representative of DPS , County Government, the JCPC and the Sponsoring Agency and attached to the Program Agreement. Force Majeure: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action , nuclear explosion , riot , strikes , civil insurrection , earthquake, hurricane, tornado , or other catastrophic natural event or act of God. Survival of Promises: All promises , requirements , terms , conditions , provisions , representations, guarantees, and warranties contained herein shall survive the Program Agreement expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation . Form structure last revised 12/20/2013 Department of Publi c Safety END OF SECTION V -Terms of Agreement 071519 HCBOC Page 158 SECTION VI: BUDGET NARRATIVE Healthy Choices Item# Justification 120 Masters level quality assurance manager $20/hr 310 hrs a year $6200 120 3/4 Time Case Manager ($2,100/month x 12 months) 180 FICA expenses for Case Manager and Quality Assurance M ($31,400 salary employee x 7.65%) 190 2 group facilitators x 55/hrs. each . @ $20/hr. 220 Food for wkly group $45/month X 12 months 260 SFP CurriculumNideos 320 Telephone Service ($ 250/mo x 12 mo) 330 $100/mo for heating expenses X 12 months 410 Office Space ( $375/mo x 12mo) 440 copier maintenance 450 Professional Liability Insurance TOTAL Job Title Masters level Qualilty Assurance Manager 1-3/4 Time Case Manager completes intakes, attends court, attends JCC staffings, manages famalies attendance ($2 , 100/m x 12 months) TOTAL Fonn JCPC/PA 001 JCPC Program Agreement Fonn structure last revised 12/31 /2012 Department of Public Safety Fiscal Year FY 19-20 Expense In Kind Expense $6 ,200 $24 ,000 $2,402 $2,200 $540 $280 $3,000 $600 $4,500 $278 $1 ,500 $41,000 $4,500 Annual Expense Annual In Kind Wages Wages $6 ,200 $24 ,000 $30,200 071519 HCBOC Page 159 SECTION VII Program : Healthy Choices Fiscal Year: FY 19-20 I. Personnel Services 120 Salaries & Wages 180 Fringe Benefits 190 Professional Services• *Contracts MUST be attached II. Supplies & Materials 210 Household & Cleaning 220 Food & Provisions 230 Education & Medical 240 Construction & Repair 250 Vehicle Supplies & Materials 260 Office Supplies and Materials 280 Healing & Utility Supplies 290 Other Supplies and Materials Ill. Current Obligations & Services 31 O Travel & Transportation 320 Communications 330 Utilities 340 Printing & Bind ing 350 Repairs & Ma intenance 370 Advertising 380 Data Processing 390 Other Services IV. Fixed Charges & Other Expenses 410 Rental or Real Property 430 Equipment Rental 440 Service and Maint. Contracts 450 Insurance & Bonding 490 Other Fixed Charges V. Capital Outlay [This Section Requires Cash Match] 510 Office Furniture & Equipment 530 Educational Equipment 540 Motor Vehicle 550 Other Equipment 580 Buildings, Structure & lmprov . lrotal Fo nn JC PC/P A 001 JCPC Program Agreement Fonn stru cture last revised 12/3 1/201 2 Department of Publi c Safety Cash $34,802 $30,200 $2 ,402 $2 ,200 $820 $540 $280 $3,600 $3 ,000 $600 $1,778 $278 $1 ,500 $41,000 Number of Months: 12 In Kind Total $34,802 $30,200 $2 ,402 $2 ,200 $820 $0 $540 $0 $0 $0 $280 $0 $0 $3,600 $0 $3,000 $600 $0 $0 $0 $0 $0 $4,500 $6,278 $4,500 $4,500 $0 $278 $1 ,500 $0 $0 $0 $0 $0 $0 $0 $4,500 $45,sool 071519 HCBOC Page 160 SECTION VIII I SOURCES OF PROGRAM REVENUE (ALL SOURCES) FY 19-20 Harnett County Funding ID: 543-XXXX Sponsoring Agency : Eleventh Judicial District ReEntry, Inc. Program: Healthy Choices $41,000 DPS/JCPC Funds • This is the amount approved in your application 10% Local Match Rate Is the Local Match Rate 10%, 20% or 30%? $0 County Cash n/a (Specify Source) Local Cash (Sp ecify Source) Local Cash (Specify Source) $4500 Local In-Kind 1 ReEntry (Specify Source) Other (Specify Source) Other (Sp ecify Source) Other (Specify Source) Other (Specify Source) $45 ,500 TOTAL $4,100 $4 ,500 Required Local Match Match Provided Authorizing Of!iGial, Department of Public Safety Date I I I I I I I I : I I I I I e/QHalli'ui• ' /vn~le".certijies that this program agreement has been locally approved by the Board of County Commissioners . . . . . •'-'"--ir', '¢4~hty'Bb~rd of Commissioners or County Finance Director Date The following signature certifies that this program agreement has been locally approved by the Juvenile Crime Prevention Council. Program Manager Form JCP C/PA 001 JCPC Program Agreement Form structure last revised 12/3 1/2012 Department of Public Safety Date 071519 HCBOC Page 161 mDP:Ct DI'$) North Carolina Department of Public Safety JCPC Program -Program Agreement SECTION I A SPONSORING AGENCY AND PROGRAM INFORMATION FUNDING PERIOD: FY 19-20 DPS/JCPC FUNDING# (cont only),543-XXXX COUNTY: Harnett AREA: Central Area Multi-County: No Multi-Components No NAME OF PROGRAM:! Harnett County Juvenile Restitution/Community Service Program SPONSORING AGENCY: Harnett County Government SPONSORING AGENCY 200 Alexander Drive PHYSICAL ADDRESS: Lillington NC 27546 SPONSORING AGENCY POB 940 MAILING ADDRESS: Lillington NC 27546 TYPE : Public I I FEDERAL ID #156-6000306 COMPONENT ID # NAME OF PROGRAM COMPONENT PROGRAM TYPE TOTAL COST OF EACH COMPONENT 24712 Harnett County Juvenile Restitution/Community Res titution/Community Service $103,169 Service Program Program Manager Name & Address (same person on signature page) Name: Barry Blevin s Mailing POB 940 Address : Phone: (910) 893-7536 l Fax:j (910) 814-8263 Contact Person (if different from program manager) Name: Henry Evans Mailing POB 940 Address : Phone: (910) 814-6155 I Fax:1 (910) 814-8263 Program Fiscal Officer (cannot be oroaram manaaer) Name: Henry Evans Mailing POB 940 Address: Phone: (910) 814-6155 l Fonn JCPC/PA 00 1 JCPC Program Agreement Fonn structure last revised 12/31 /2012 Department of Public Safety Fax:1(910) 8 14-8263 Total cost of components: $103,169 Title: Program Manager City: Lillington Zip: 27546 I E-mail: I bblevins@harnett.org Title: Program Coordinat or City: Lillington Zip: 27546 I E-mail: I hlevans@harnett.org Title: Program Coordinator City: Lillington Zip : 27546 I E-mail: I hlevans@harnett.org 071519 HCBOC Page 162 SECTION I B PROGRAM COMPONENT DESCRIPTION COMPONENT ID# COMPONENT INFORMATION 24712 NAME OF COMPONENT: Harnett County Juvenile Restitution/Community Service Program BRIEF DESCRIPTION: Community-based program to hold at-risk and court involved juveniles accountable for their delinquent or undiscipline behavior. Juveniles are required to perform symbolic community service or work to make monetary restitution to their victims . Fo rm JCPC/PA 00 1 JCPC Program Agreement Fo rm s truct ure last revised 12/3 1/2012 Departme nt of Public Safety 071519 HCBOC Page 163 SECTION II I COMPONENT STATISTICAL INFORMATION Multi-Components No Component Serv ice Statistics I PROGRAM COMPONENT INFORMATION. APPLICATION YEAR Component Name: Harnett County Juvenile Restitution/Community Service Program Component ID # 24712 What is this component's maximum client capacity at any given time? 120 Frequency of client contact per month: 4 Anticipated Average Length of 90 Days Stay: Total Component Cost: $103 ,1691 -;-by Estimated # to be served during funding period: 120 Estimated Average Cost Per Youth: $860 Applies to 85 continuation programs only. 0 0 Form JC PC/PA 001 JC PC Pro gra m Agreement Form struct ure last r evi sed 01 /09/201 2 D epartment o f Public Safety Actual number of youth admitted FY 17-18: 86 Number of admissions Juvenile Justice Referred 98.84% of total admissions Number of admissions Law Enforcement Referred 0% of total admissions Number of admissions District Court Referred 0% of total admissions 071519 HCBOC Page 164 SECTION Ill COMPONENT SUMMARY NAME OF COMPONENT: Harnett County Juvenile Restitution/Community Service Program 1. Statement of the Problem: In concise terminology, describe how the program will address continuum need(s) in the county. According to the North Carolina Department of Public Safety Division of Juvenile Justice Raising the Age Report presented in the Spring of 2018 , the overall juvenile crime rate in North Carolina has decreased from 41.87% in 1998 to 19 .16% in 2016. Detention center admissions have decreased by 67% since 2006 . Youth Development Centers (YDC) admissions have decreased by 58% during the same time period. With the juvenile delinquency rate continuing a steady decline, there is more emphasis focused on community based programming working with prevention and intervention. Of 387 juvenile complaints that were received in Harnett County by class in FY 17 /18 , 253 were class 1-3 misdemeanors ; 83 were class F thru I Felonies and A 1 misdemeanors ; 31 were Status Offenders; and there were 19 class A-E Felonies. The intention and purpose of the Harnett County Juvenile Restitution/Community Service Program is to accept juveniles into the program that have been ordered to pay monetary restitution to a victim or perform symbolic community service. This program serves as a community-based sanction level 1 and 2 alternative to detention or youth development centers for court involved youth. This program also serves as an alternative to Juvenile Court through intake diversions as well as Teen Court diversions. 2. Target Population: Describe the target population, including age, and the steps taken to insure that the target population is served. Harnett County Juvenile Restitution/Community Service Program will serve youth between the ages of 6-17 referred by Juvenile Court Counselors Office.Juvenile Court and/or Teen Court. 3. Program Goal(s): Provide a brief statement to describe the overall purpose of the program. To provide a community-based alternative to detention or youth development centers to hold youth accountable for their actions and restore them back into the community. These youth are at-risk or already involved with in the juvenile justice system . It is the goal of this program that the youth achieve maximum growth as well as learn accountability for their actions in the least restrictive setting. 4. Measurable Objective(s): State in measurable terms (%) the intended effe ct of the program on specific undisciplined and/or delinquent behaviors. Example: anticipated reductions in court referrals, runaway behavior, disruptive behavior at school, anticipated improved school attendance and academic achievement. These objectives must include impact on participants. 75% Clients successfully/satisfactorily completing the program will have no new complaints in the 12 months following completion . 75% Clients will have no new complaints with an offense date after the admission date. 75% Clients successfully/satisfactorily completing the program will have no new adjudications in the 12 months following completion . 75% Clients will complete restitution or community service within the timeframe permitted by JCPC policy. 75% Clients will demonstrate accountability by actively participating in restitution/community service activities. Form JC PC/PA 001 JCP C Progra m Ag reement Form structure last revised 12/3 1/201 2 Department of Publ ic Safety 071519 HCBOC Page 165 SECTION Ill COMPONENT SUMMARY NAME OF COMPONENT: Harnett County Juvenile Restitution/Community Service Program 75% Cl ients will have no new adjudications for a complaint with an offense date after the adm ission date. 85 % Clients will successfully or satisfactorily complete services as intended by the program design/service plan . 5. Elevated Risks and Needs: Describe how you will address one or more of the Elevated Risk and Needs of adjudicated juvenile s listed in the local JCPC Request for Proposal. Based on highlights of the FY 2017-2018 Risk Assessment data for Harnett County , the elevated Risk Assessment are as follows: 88% of youth are age 12 or older when the 1st delinquent offense is alleged in a complaint; 44 % of youth have serious school behavior problems, ; and 64% of youth that entered Department of Public Safety, Juvenile Services Division lack pro-social peers and/or regularly and/or sometimes associate with negative/delinquent peers . Based on highlights of the FY 2017-2018 Needs Assessment data for Harnett County, the elevated Needs Assessments are as follows : 63% of youth sometimes and/or regularly associates with delinquent peers and/or rejected by positive peers ; 44% of youth have serious behavior problems in school which is a result of poor school attendance and chronic suspensions from school ; 73 % of youth reported having mental health needs are currently being addressed and/or need further mental health assessing ; youth reported domestic discord in their home and youth Family Supervision Skills are marginal. Juveniles enrolled in this program for school related offenses will learn that their refusal to follow school guidelines indeed has consequences. Juveniles who successfully complete this program will gain personal as well as social recognit ion . This will lead to higher self esteem , which will decrease the need of juvenile to associate with persons or groups that are predisposed for criminal activity. Fonn JCPC/PA 001 JCPC Program Agreement Fonn structure last revised 12/3 1/20 12 Depart ment of Public Safety 071519 HCBOC Page 166 SECTION IV COMPONENT NARRATIVE (attach for each component) NAME OF COMPONENT: Harnett County Juvenile Restitution/Community Service Program 1. Location: List physical address(es) and describe where program services are delivered. Physical address is 200 Alexander Drive, Lillington , NC 27546. Program activities take place at various private and public worksites within Harnett County. 2. Operation: Describe the daily/weekly schedule of program operation. Program office hours are 8am to 5pm . Program staff working with juveniles work flexible hours including Saturdays 3. Staff Positions: Describe paid or volunteer position qualifications, (certifications, degrees, work experience) and position(s) responsibilities relative to this component. 1 FIT Program Coordinator Qualifications : Must possess at least a Bachelors degree or higher with previous experience working with at-risk juveniles. Responsibilities: Oversight for the daily scheduling of staff and juveniles; fiscal management of resources ; recruitment of worksites ; completion of daily , monthly , quarterly and annual reports to state DPS-Juvenile Justice Division office ; training of worksite supervisors ; attends all juvenile court dates ; processes all diversion contracts as it relates to community service/restitution through the intake counselors office; preparing program agreements; daily transportation and supervision of juveniles at community worksites ; safety training to juveniles as it relates to proper use and safety of program equipment; monitoring purchases and expenditures. 1 PIT Program Assistant Qualifications: Must possess at least an Associates degree or extensive experience working with at risk juveniles. Responsibilities : Provides daily transportation and supervision of juveniles at community worksites; safety training to juveniles as it relates to proper use and safety of program equipment;completion of daily program progress reports . 4. Service Type SPEP: Describe implementation to include: Primary Service: Restitution / Community Service ; Secondary Service: None 5. Admission Process: Describe the specific referral, screening, admission process (including timeline), the staff responsible for making decisions about admissions and reasons why a referral may not be accepted. Referral Process: A referral packet must be submitted to the program coordinator by the Juvenile Court Counselor's office or Teen Court. Referral packet includes referral form, family data sheet, risk and needs documentation and information disc losure form . Screening Process : All referrals are reviewed by program coordinator to confirm that the youth is mentally and physically appropriate for community service work groups/sites. Juvenile's work assignments will be age and ability appropriate. Referring agency (court counselors/intake/Teen Court) have also taken into account the juvenile's age and abilities prior to making the referral. Admission Process: Once the program coordinator receives a completed referral packet from the referring agency , program coordinator will contact juvenile and parenUguardian within 7 business days to set up program intake. Intake consist of completing several program waivers/forms such as the following : Individual Service Plan ; Release of Confidential Information Waiver; Equipment Waiver ; Production Release Waiver; Community Service/Restitution Form JCPC/PA 001 JCPC Program Agreement Form structure last revised 12/3 1/2012 Department of Public Safety 071519 HCBOC Page 167 SECTION IV COMPONENT NARRATIVE (attach for each component) NAME OF COMPONENT: Harnett County Juvenile Restitution/Community Service Program Contract; Social History and Medical Treatment Waiver. Once all forms have been signed , the program coordinator will enter the juvenile into the NC ALLIES database within 10 days. Juvenile will also be entered into program database within same time period . Why a referral may not be accepted: Juvenile has reached their 18th birthday or juvenile is mentally or physically unable to participate in program activities . 6. Termination Process: Describe the termination process to include the staff responsible for making decisions and the criteria for a successful termination, satisfactory termination, unsuccessful completion and non-compliant termination. Program Coordinator is responsible for decisions concerning a juveniles successful, satifactory, unsuccessful or non- compliant termination from this program . Termination Process: Upon termination , Program Coordinator completes a written termination form within 10 business days for all juveniles terminated from the program and submits a copy to the parents/legal guardians . Information will be entered into NCALLIES Client Tracking data base within 7 days of the terminations decision . Successful Termination: Indicates a high level of juvenile participation in program activities and achievement of behavior improvement goals. Satisfactory Termination: Indicates an acceptable level of juvenile participation and behavior improvement even though the juvenile did not complete all program activities and did not meet all behavior goals. Unsuccessful Completion : Failure to meet specific goals and requirements or make sufficient progress in the program . Non-Compliant Termination : Unexcused absences or refusing to participate in treatment activities . How is the referring agency involved with the termination process? Program staff confers with supervising court counselor upon juvenile's termination from program. Supervising court counselor is required to sign termination documentation before paperwork is included in legal file with the Harnett County Clerk of Court. When terminations are for juveniles placed on diversion contracts , the referring agency receives a copy of the juvenile's successful termination. If a juvenile fails to satisfy the requirements of the diversion contract , the intake counselor or referring agency is notified by letter and/or email. 7. Referring Agency Interaction: Describe the interaction with juvenile court counselors and/or other referring agencies including how client progress will be communicated. Juvenile Court Counselors and Teen Court Cooridinator are given monthly written reports on all juveniles served. Program staff contact court counselors and Teen Court Cooridinator as needed to address negative behavior of juveniles. 8. Intervention/Treatment: Describe specifically what the component will do to redirect inappropriate youth behavior or how the component will address the identified needs of the youth and family. What interventions will typically be utilized in this component and how will parents/guardians be involved? The intention of this program is to show program participants that their inapproppriate and illegal acts have victims and Fonn JCPC/PA 001 JCPC Program Ag reement Fonn s tructure last revised 12/3 1/2012 Department of Public Safety 071519 HCBOC Page 168 SECTION IV COMPONENT NARRATIVE (attach for each component) NAME OF COMPONENT: Harnett County Juvenile Restitution/Community Service Program that the victims do suffer monetary and/or emotional loss by their actions . By requiring the juvenile to perform symbolic community service or work to pay actual monetary restitution to the victim(s), the juveniles see that their act ions do indeed have consequences. Participation by the juvenile in this program is intended to deter future criminal activity. Parent/guardian is given daily and monthly updates on how their child is progressing in the program. Parent/ guardian is advised of any inappropriate behavior. Parent/guardian is asked to help program staff address those inappropriate behaviors. While the purpose of this program is to primarily address negative behavior of the juvenile referred , program staff, with the help of the referring agency, may refer parent/guardian to programs that may strengthen areas that they feel they are difficient in. Areas such as job skills , parenting sk ill , anger management, etc ... 9. Best Practice Model: Describe what model or evidence-supported/best practice the program is based upon. This program is based on philosophy of restorative justice. The model of justice that focuses on crime as an act against another individual or community . Juveniles that participate in program are held accountable for their delinquent or undisciplined acts through symbolic community service or work to re compensate the victims of their criminal acts. Completion of required community service and/or restitution satisfies their debt to the victim of their crime or the community as a whole. Per CTF Tracking Data for the FY 2017/2018, 98.65% of juveniles served by this program had been successfully or satisfactorily terminated. Form J C PC/P A 00 1 JC PC Progra m Agreement Form structure last revised 12 /3 1/201 2 Department o f P ublic Safety 071519 HCBOC Page 169 SECTIONV Terms of Agreement This Agreement is entered into by and between Department of Public Safety (here in after referred to as DPS), and Harnett County , (hereinafter referred to as the County), th e County's Ju venile Crime Prevention Council (herein after referred to as the JCPC) and Harnett County Government (hereinafter referred to as the Sponsoring Agency). DPS , the County, the JCPC and the Sponsoring Agency do mutually agree as follows: Term of Agreement This Agreement shall become effective Jul 1, 2019 and shall terminate Jun 30 , 2020. Payment to Sponsoring Agency All parties agree that services will be delivered as described in the approved JCPC Program Agreement and that JCPC funds will be disbursed in an amount not to exceed the amount $88000 for the term of this agreement , unless amended by an approved JCPC Program Agreement Revision. Availability of Funds: All parties to this Agreement agree and understand that the payment of the sums specified in this JCPC Program Agreement budget is dependent and contingent upon and subject to the appropriation , allocation , and availability of funds for this purpose to the DPS. Responsibilities of the Parties DPS shall : 1. Disburse fu nds monthly to County Governments , for payment to the Sponsoring Agency , from the Juvenile Crime Prevention Council (JCPC) fund appropriation by the General Assembly ; 2 . Reserve the right to suspend payment to the County for any non-compliance by the Sponsoring Agency with any reporting requirements set forth in the JCPC Policy and Procedures ; 3. Notify in writing the County and Sponsoring Agency immediately if payments are suspended and again once payments resume ; 4 . Pay only for work as described in the JCPC Program Agreement provided by the Sponsoring Agency and approved subcontractors ; 5 . Provide technical assistance, orientation and training to the Sponsoring Agency, the County and the JCPC; 6 . Monitor Sponsoring Agency's JCPC funded program(s) in accordance with JCPC Policy 3. Operations: Program Oversight and Monitoring; and 7. Notify parties entering into this Agreement of all due dates in a timely manner in order for reports to be submitted by the established due date. The Sponsoring Agency shall : 1. Comply w ith all laws, ordinances, codes , rules , regulations, and licensing requirements that are applicable to the conduct of its business , including those of Federal, State, and local agencies having jurisdiction and/or authority; Fo rm struct ure last revised 12/20/20 13 Department of Publi c Safety 071519 HCBOC Page 170 2. Comply with all Federal and State laws relating to equal employment opportunity; 3. Keep as confidential and not divulge or make available to any individual or organization without the prior written approval of the DPS any information , data , instruments, documents , studies or reports given to or prepared or assembled by the Sponsoring Agency under this Agreement; 4. Acknowledge that in receiving , storing, processing or otherwise dealing with any confidential information it will safeguard and not further disclose the information except as otherwise provided in this Agreement ; 5. Comply with the Juvenile Crime Prevention Policy and Procedures established by the DPS and the North Carolina Administrative Procedures; 6. Secure local match as required , pursuant to 148 NCAC 11B.0 105, for the approved JCPC funds ; 7 . Create and adopt individualized guidelines specific to the funded program , while also adhering to JCPC Policy and Procedures established by DPS for all JCPC funded programs and for the specific program type for which they receive funding; 8. Ensure that state funds received are spent in accordance with the approved JCPC Program Agreement and be accountable for the legal and appropriate expenditure of those state funds ; 9. Maintain reports, records , and other information to properly document services rendered and outcomes ; also maintain an ability to send and receive electronic communication ; 10. Have the capacity to use DPS electronic , internet-based system for tracking clients served ; 11. Use generally accepted accounting procedures that guarantee the integrity of the expenditure of JCPC funds, maintain reports , records, and other information to properly account for the expenditure of all State funds provided to the Sponsoring Agency ; 12. When refunds are requested from the North Carolina Department of Revenue for sales and/or use taxes paid by the agency in the performance of the JCPC Program Agreement, as allowed by NCGS §105-164.14(c), the agency shall exclude all refundable sales and use taxes from reportable expenditures submitted to the County and DPS; 13. Submit JCPC Program Agreement Revisions, Third Quarter Accounting , Final Accounting and annual detailed expenditures through NCALLIES. These reports must be in accordance with the submiss ion process as outlined in the JCPC Policy and Procedures established by DPS and with the due dates established by DPS; 14 . Make personnel , reports , records and other information available to DPS , the County , the JCPC , and/or the State Auditor for oversight, monitoring and evaluation purposes ; 15. Submit any other information requested by the JCPC , County or DPS ; 16. Be responsible for the performance of all subcontractors as described in the JCPC Program Agreement; 17. Indemnifies and holds harmless DPS , the State of North Carolina , the County and any of the ir officers, agents and employees , from any claims of third parties arising out of any act or omission of the Sponsoring Agency in connection with the performance of the JCPC Program Agreement; 18. Receive permission and budgetary approval from DPS prior to using the JCPC Program Agreement as a part of any news release or commercial advertising and acknowledge DPS funding in partnership with the County; 19. Comply with DPS trainings and requirements regarding the United States Department of Justice national standards to prevent, detect, and respond to prison rape under the Prison Rape Elimination Act (PREA); Reference : 148 NCAC 118, and in compliance with JCPC Policy 2 : Operations: Program Operational Requirements Sponsoring Agency Contractor(s)ISubcontractors ~ No, subcontractors are not included in the JCPC Program Agreement budget. If yes, the following only applies when subcontractors are providing services as described in the JCPC Program Agreement (listed in Line Item 190 of the budget). Form stru cture last revised 12/20/2013 Department of Public Safety 071519 HCBOC Page 171 20. Receive prior approval from DPS in the form of a contract being submitted with the JCPC Program Agreement if any of the services described in the JCPC Program Agreement are provided by a subcontractor; NOTE: Contracts signed by all parties must be submitted once the JCPC Program Agreement receives signed approval from DPS. Sponsoring Agencies will be notified requesting this information. 21 . Hold any contractor or subcontractor to which the Sponsoring Agency provides State funds accountable for the legal and appropriate expenditure of State funds , and to all applicable laws and Juvenile Crime Prevention Council Policies and Procedures; 22 . Ensure that all subcontractors provide all information necessary to comply with the standards set forth in the JCPC Program Agreement ; and 23. Be deemed an independent contractor in the performance of services described in the JCPC Program Agreement and as such shall be wholly responsible for the services to be performed and for the supervision of its employees. The Sponsoring Agency represents that it has, or shall secure at its own expense, all personnel required in performing the services as described in the JCPC Program Agreement. Such employees shall not be employees of, or have any individual contractual relationship with , DPS ; The JCPC shall : 1. Ensure the Sponsoring Agency uses JCPC funds for only the purposes DPS has approved in JCPC Program Agreement or JCPC Program Agreement Revision(s); 2. Comply with the Juvenile Crime Prevention Policy and Procedures established by DPS and the North Carolina Administrative Code; N.C .G .S. §1438-801 (a):1438-602;1438-851 3. Review and locally approve Program Agreement Revisions received from the Sponsoring Agency and submit to the County in a timely manner; 4. Review and locally approve Third Quarter Accounting forms and submit to the County in order to meet the due date established by DPS; 5. Submit any other information requested by the County or DPS ; and 6 . Monitor the Sponsoring Agency's currently funded JCPC program(s) in accordance with JCPC Policy 3. Operations : Program Oversight and Monitoring Reference : 148 NCAC 118.0202 and JCPC Policy 1, 7, 8, 9, 10, and 11 . The County shall: 1. Ensure the Sponsoring Agency is appropriately licensed, and either a public agency or a 501 (c) 3 private non- profit organization ; 2. Use JCPC funds only for the purposes DPS has approved in program agreements or program agreement revisions ; 3. Disburse JCPC funds monthly and oversee JCPC funds to the Sponsoring Agency in accordance with 14B NCAC 118.0108 4. Comply with the Juvenile Crime Prevention Policy and Procedures established by DPS and the North Carolina Form s tru cture last revised 12/20/20 13 Department of Public Safety 071519 HCBOC Page 172 Administrative Procedures ; 5. Review and locally approve Program Agreement Revisions received from the Sponsoring Agency for final approval from DPS ; and 6. Review and locally approve Third Quarter and Final Accounting forms for the JCPC and all JCPC funded programs according to the procedures and due dates established by DPS . Reference: 148 NCAC 118; JCPC Policy 3, 7, 8, 9, 10, and 11 Headings: The Section and Paragraph headings in these General Terms and Conditions are not material parts of the agreement and should not be used to construe the meaning thereof. Choice of Law: The validity of this Program Agreement and any of its terms or provisions , as well as the rights and duties of the parties to this Program Agreement , are governed by the laws of North Carolina. The parties, by signing this Program Agreement, agree and submit, solely for matters concerning this Program Agreement, to the exclusive jurisdiction of the courts of North Carolina and agree, solely for such purpose , that the exclusive venue for any legal proceedings shall be Wake County , North Carolina. The place of this Program Agreement and all transactions and agreements relating to it , and their situs and forum, shall be Wake County , North Carolina , where all matters, whether sounding in Prog ram Agreement or tort , relating to the validity , construction , interpretation , and enforcement shall be determined . Assignment: No assignment of the Sponsoring Agency's obligations or the Sponsoring Agency's right to receive payment hereunder shall be permitted . However, upon written request approved by the issuing purchasing authority, DPS may: (a) Forward the Sponsoring Agency's payment check(s) directly to any person or entity designated by the Program Manager, or (b) Include any person or entity designated by Sponsoring Agency as a joint payee on the Sponsoring Agency's payment check(s). In no event shall such approval and action obligate DPS or County Government to anyone other than the Sponsoring Agency and the Sponsoring Agency shall remain responsible for fulfillment of all Program Agreement obligations . Beneficiaries: Except as herein specifically provided otherwise , this Program Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors. It is expressly understood and agreed that the enforcement of the terms and conditions of this Program Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to DPS, the County Government, and the Sponsoring Agency. Nothing contained in this document shall give or allow any claim or right of act ion whatsoever by any other third person. It is the express intention of DPS and County Government that any such person or entity, other than DPS or the County Fonn s tructure las t revised 12/20/2013 D epartm e nt o f Public Safety 071519 HCBOC Page 173 Government, or the Sponsoring Agency receiving services or benefits under this Program Agreement shall be deemed an incidental beneficiary only. Property Rights Intellectual Property -All deliverable items produced pursuant to this Program Agreement are the exclusive property of DPS . The Sponsoring Agency shall not assert a claim of copyright or other property interest in such deliverables. Physical Property -the Sponsoring Agency agrees that it shall be responsible for the proper custody and care of any property purchased for or furnished to it for use in connection with the performance of this Program Agreement and will reimburse DPS for loss of, or damage to, such property. At the termination of this Program Agreement, the Sponsoring Agency , County Government, and JCPC shall follow the guidelines for disposition of property set forth in Administrative Code and JCPC policy. Reference: 148 NCAC 118.0110; JCPC Policy 9. Fiscal Accounting and Budgeting: Final Accounting Process Disbursements and Internal Controls Reversion of Unexpended Funds Any remaining unexpended JCPC funds DPS disbursed to the County for the Sponsoring Agency must be refunded/ reverted back to DPS at the close of fiscal year or upon termination of this Agreement. Accountability for Funds Audit Requirement -Local Government or Public Authority Requirements Local Government or Public Authorities in accordance with N.C .G.S. §159-34 must have an audit performed in conformity with generally accepted auditing standards. The audit shall evaluate the performance of a unit of local government or public authority with regard to compliance with all applicable Federal and State agency regulations. This audit, combined with the audit of financial accounts , shall be deemed to be the single audit described by the "Federal Single Audit Act of 1984". Audit Requirement -Non-Governmental Entities: An audit, when required by law, or requested by the County or DPS shall be performed in conformity with generally accepted auditing standards and audits of non-governmental entities , both for-profit and not-for-profit, and must meet the requirements of 0MB Circular A-133 . At a minimum , the required report shall include the financial statements prepared in accordance with generally accepted accounting principles, all disclosures in the public interest required by law, and the auditor's opinion and comments relating to financial statements. The audit report must be submitted to the State Auditor's office as required by law, to the County and DPS, and to other recipients as appropriate within nine (9) months after the end of your program's fiscal year. Oversight Access to Persons and Records: The State Auditor shall have access to persons and records as a result of all Program Agreements entered into by State agencies or political subdivisions in accordance with N.C.G.S. §147-64.7. Additionally, as the State funding authority, DPS shall have access to persons and records as a result of all Program Form st ructure la st revised 12/20/2013 De p artment of Pub li c Safety 071519 HCBOC Page 174 Agreements entered into by State agencies or political subdivisions. Record Retention: Records shall not be destroyed , purged or disposed of without the express written consent of DPS . State basic records retention policy requires all records to be retained for a minimum of five years or until all audit exceptions have been resolved , whichever is longer. If the Program Agreement is subject to Federal policy and regulations , record retention may be longer than five years since records must be retained for a period of three years following submission of the final Federal Financial Status Report , if applicable , or three years following the submission of a revised final Federal Financial Status Report. Also , if any litigation , claim, negotiation , audit, disallowance action , or other action involving this Program Agreement has been started before expiration of the five-year retention period described above , the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular five-year period described above, whichever is later. No Overdue Tax Debt -Not for profit organizations ONLY will comply with this section. Form must be attached to the Program Agreement upon submission. The Sponsoring Agency shall be responsible for the payment of all State, local , and Federal taxes . Consistent with N. C.G.S. § 143C-6-23 (c), not for profit organizations shall file with DPS and the County a written statement completed by that Sponsoring Agency's board of directors or other governing body, stating whether or not the Sponsoring Agency has any overdue tax debts, as defined by N.C .G.S. 105-243.1, at the Federal, State, or local level. This written statement, Certification of No Overdue Ta x Debts, shall be completed by the Sponsoring Agency and attached to the Program Agreement upon submission . Conflict of Interest -Not for profit organizations ONLY will comply with this section . Form must be attached to the Program Agreement upon submission. Consistent with the N.C.G.S. §143C-6-23 (b), not for profit organizations shall file with DPS and the County a copy of that Sponsoring Agency's policy addressing conflicts of interest that may arise involving the Sponsoring Agency's management employees and the members of its board of directors or other governing body. The policy shall address situations in which any of these individuals may directly or indirectly benefit , except as the Sponsoring Agency's employees or members of its board or other governing body , from the Sponsoring Agency 's disbursing of State funds and shall include actions to be taken by the Sponsoring Agency or the individual , or both to avoid conflicts of interest and the appearance of impropriety. The policy shall be filed before the County or DPS may disburse any funds. The Sponsoring Agency shall also complete the DPS Conflict of Interest Policy Statement (Form DPS 13 001) and attach the statement and the Sponsoring Agency's policy addressing conflicts of interest to the JCPC Program Agreement upon submission. Amendment: This Agreement may not be amended orally or by performance . Any amendment must be requested by the Sponsoring Agency through submission of a JCPC Program Agreement Revision and executed by duly authorized representatives of DPS , the County Government, JCPC and Sponsoring Agency. Severability : In the event that a court of competent jurisdiction holds that a provis ion or requirement of this Program Agreement violates any applicable law, each such provision or requirement shall continue to be enforced to the extent it is not in violation of law or is not otherwise unenforceable and all other prov isions and requirements of this Program Agreement shall remain in full force and effect. Fonn struct ure last revised 12/20/2013 Departm ent of Public Safety 071519 HCBOC Page 175 Termination for Cause: If, through any cause , the Sponsoring Agency shall fail to fulfill its ob ligations under this Program Agreement in a timely and proper manner, DPS shall have the right to terminate this Program Agreement by giving written notice to the Sponsoring Agency and specifying the effective date thereof. In that event, all finished or unfinished deliverable items prepared by the Sponsoring Agency under this Program Agreement shall, at the option of DPS , become its property and the Sponsoring Agency shall be entitled to receive just and equitable compensation fo r an y satisfactory work completed on such materials, minus any payment or compensation previously made. Notwithstanding the foregoing provision , the Sponsoring Agency shall not be relieved of liability to DPS for damages sustained by DPS by virtue of the Sponsoring Agency's breach of this agreement, and DPS may withho ld any payment due the Sponsoring Agency for the purpose of setoff until suc h time as the exact amount of damages due DPS from such breach can be determined . The filing of a petition for bankruptcy by the Sponsoring Agency shall be an act of default under this Program Agreement. Termination without Cause: DPS, the County Government, or the Sponsoring Agency may terminate this Agreement at any time and without cause by giving at least thirty (30) days advance written notice to the other. If this Program Agreement is terminated by DPS as provided herein , the Sponsoring Agency shall be reimbursed on a pro rata basis for services satisfactorily provided to DPS under this Program Agreement prior to Program Agreement termination . Waiver of Default: Waiver by DPS of any default or breach in compliance with the terms of this Program Agreement by the Sponsoring Agency shall not be deemed a waiver of any subsequent default or breach and shall not be construed to be modification of the terms of this Program Agreement unless stated to be such in writing, signed by an authorized representative of DPS , County Government, the JCPC and the Sponsoring Agency and attached to the Program Agreement. Force Majeure: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action , nuclear explosion , riot , strikes , civil insurrection, earthquake , hurricane, tornado, or other catastrophic natural event or act of God. Survival of Promises : All promises, requirements , terms , conditions , provisions , representations , guarantees, and warrant ies contained herein shall survive the Program Agreement expiration or termination date unless specifically provided otherwise herein , or unless superseded by applicable Federal or State statutes of limitation. Form s tru cture last revised 12/20/20 13 Department of Pub li c Safety END OF SECTION V -Terms of Agreement 071519 HCBOC Page 176 SECTION VI: BUDGET NARRATIVE Harnett County Juvenile Restitution/Community Service Program Item# Justification 120 Salaries for Full-time Coordinator $21 .7706 an hour and Longevity of $1,475/1 Part-time Program Assistants@ $9 .6237 an hour 120 General Services Director-supervision of program and staff Percentage of Director's Salary (@1.474) 180 Group Insurance 9887, Employee Clinic 180, Dental 372, OPEB 120, FICA 4571 , Reg. Retirement 4839 , Sup. Retirement 1218, Unemployment 291 , Workers Comp 1524 210 Uniforms for Staff 220 Food for juveniles while engaged in work activities 250 Gas for three program vehicles 250 Tires and maintenance for three program vehicles (Based upon historical usage) 260 Office supplies such as envelopes, pens. copier paper, etc ...... 290 Restitution supplies (ex. gloves, trash bags , safety vest , goggles, etc ... ) 310 Travel for staff for hotel fees and transportation (Mileage Rate $.545 per mile) 320 Cell phones , postage, faxes , etc .. 340 Program forms for admissions, waivers , and daily performace. (provided by outside vendor) 390 Restitution County Cash and Direct Payments -2500, Restitution Bank -34000; Membership Dues 40 , Training 300 ; Background Checks 150. 410 Office space and storage@367x 12 months 430 Copier Contract and Lease of Computer 450 Insurance-Policy covering juveniles while participating in program activities 450 Liability Insurance TOTAL Job Title Program Assistant(52 weeks@ 25 Hours per week @ 9.6237 per hour) Program Coordinator@ 21 . 7706 an hour and Longevity at $1,475 .00 Prog ram Manager supervision of program TOTAL Form JCPC/PA 001 JCPC Program Agreement Form structu re last revised 12/3 1/20 12 Department of Public Safety Fiscal Year FY 19-20 Expense In Kind Expense $59 ,758 $1 ,079 $23,003 $300 $250 $2 ,500 $800 $250 $331 $624 $2,500 $300 $5 ,990 $4,402 $534 $178 $370 $96,518 $6,651 Annual Expense Annual In Kind Wages Wages $13 ,000 $46 ,758 $1 ,079 $59,758 $1,079 071519 HCBOC Page 177 ' . SECTION VII Program: Harnett County Juvenile Restitution/Community Service Program Fiscal Year: FY 19-20 I. Personnel Services 120 Salaries & Wages 180 Fringe Benefits 190 Professional Services• *Contracts MUST be attached II. Supplies & Materials 210 Household & Cleaning 220 Food & Provisions 230 Education & Medical 240 Construction & Repair 250 Vehicle Supplies & Materials 260 Office Supplies and Materials 280 Heating & Utility Supplies 290 Other Supplies and Materials Ill. Current Obligations & Services 310 Travel & Transportation 320 Communications 330 Utilities 340 Printing & Binding 350 Repairs & Maintenance 370 Advertising 380 Data Processing 390 Other Services IV. Fixed Charges & Other Expenses 41 O Rental or Real Property 430 Equipment Rental 440 Service and Main!. Contracts 450 Insurance & Bonding 490 Other Fixed Charges V. Capital Outlay [This Section Requires Cash Match) 510 Office Furniture & Equipment 530 Educational Equipment 540 Motor Vehicle 550 Other Equipment 580 Buildings, Structure & lmprov. !Total Form JCPC/P A 00 I JC PC Program Agreement Form stru cture last revised 12/3 1/201 2 De partment o f Publi c Safet y Number of Months: 12 Cash In Kind $82,761 $1,079 $59,758 $1 ,079 $23,003 $3,631 $800 $300 $250 $2 ,500 $800 $250 $331 $9,414 $624 $2,500 $300 $5 ,990 $712 $4,772 $4,402 $534 $178 $370 $96,518 $6,651 Total $83,840 $60,837 $23,003 $0 $4,431 $300 $250 $0 $0 $3 ,300 $250 $0 $331 $9,414 $624 $2 ,500 $0 $300 $0 $0 $0 $5 ,990 $5,484 $4,402 $534 $0 $548 $0 $0 $0 $0 $0 $0 $0 $103,1691 071519 HCBOC Page 178 SECTION VIII I SOURCES OF PROGRAM REVENUE (ALL SOURCES) FY 19-20 Harnett County Funding ID: 543-XXXX Sponsoring Agency: Harnett County Government Program: Harnett County Juvenile Restitution/ Community Service Program $88 ,000 10% $8 ,518 $6,651 $103 ,169 DPS/JCPC Funds Local Match Rate County Cash Local Cash Local Cash Local In-Kind Other Other Other Other TOTAL -...... -AWH1o~i1!Q~.OfJis;icJI, ,Department of Public Safety * This is the amount approved in your application Is the Local Match Rate 10%, 20% or 30%? Harnett County Harnett County $8 ,800 Required Local Match ' r~:de~tifies that this program agreement has been locally approved by the Board of Co unty Commissioners. r, C~u~ty 'Bbatd' of Commissioners or County Finance Director The following signature certifies that this program agreement has been locally approved by the Ju ven ile Crime Prevention Co uncil. {Specify Source) (Specify Source) {Specify Source) (Specify Source) (Specify Source) {Specify Source) (Specify Source) (Specify Source) $15,169 Match Provided Date Date 1 foate Program Manager Form JCPC/PA 001 J CPC Program Agreement Form structure last revised 12/3 1/2012 Department of Public Safety Date ~ ·• . 071519 HCBOC Page 179 JCPC Program -Program Agreement SECTION IA SPONSORING AGENCY AND PROGRAM INFORMATION FUNDING PERIOD: FY 19-20 DPS/JCPC FUNDING# (cont only), 543-XXXX COUNTY: Harnett AREA: Central Area Multi-County: No Multi-Components No NAME OF PROGRAM:14-H Teen Court and At-Risk Youth Development SPONSORING AGENCY: Harnett County Government SPONSORING AGENCY 200 Alexander Drive PHYSICAL ADDRESS: Lillington NC SPONSORING AGENCY POB 940 MAILING ADDRESS: Lillington NC TYPE: Public I COMPONENT ID # NAME OF PROGRAM COMPONENT 24768 4-H Teen Court and At-Risk Youth Development Teen Court Program Manager Name & Address (same person on signature page) Name: Jackie Helton Mailing 126 Alexander Drive Address : Suite 300 Phone: (910) 814-6027 I Fax:1 (910) 893-7539 Contact Person (if different from program manager) Name: Alia Langdon-Williford Mailing 126 A lexander Drive Address : Suite 300 Phone: (910) 814-6022 l Fax:j (910) 893-7539 Program Fiscal Officer /cannot be oroaram manaaer) Name: Kimberly Honeycutt Mailing PO Box 760 Address: Phone: (910) 893-7557 Fom1 JCPC/PA 001 J CPC Program Agreement Form stru cture last revised 12/3 I /2012 Departm ent of Public Safety I Fax:1 (910) 893-3445 27546 27546 I FEDERAL ID #156-6000306 PROGRAM TYPE TOTAL COST OF EACH COMPONENT $56,692 Total cost of components : $56,692 Title: County Extension 4 -H Agent I City : Lillington Zip: 27546 I E-mail: jjhelton@harnett.org Title: Program Coordinator City : Lillington Zip: 27546 I E-mail: I alwilliford@harnett.org Title: County Finance Officer City: Lillington Zip: 27546 I E-mail: I khoneycutt@harnett.org 071519 HCBOC Page 180 SECTION I B PROGRAM COMPONENT DESCRIPTION COMPONENT ID # COMPONENT INFORMATION 24768 NAME OF COMPONENT: 4-H Teen Court and At-Risk Youth Development BRIEF DESCRIPTION: Program provides as a community resource for the diversion of cases in which juveniles ages 6-17 years old and first time offenders and has allegedly committed certain offenses for hearing by a jury of their peers , which may assign the juvenile to counseling, restitution , curfews , community service , or other rehabilitative measures. Fonn JCPC/PA 001 JCPC Program Agreement Fonn st ructure last revised 12/3 1/20 12 Department of Publi c Safety 071519 HCBOC Page 181 SECTION II I COMPONENT STATISTICAL INFORMATION Multi-Components No Component Service Statistics jPROGRAM COMPONENT INFORMATION -APPLICATION YEAR Component Name: 4-H Teen Court and At-Risk Youth Development Component ID # 24768 What is this component's maximum client capacity at any given time? 40 Frequency of client conta ct per month: 4 Anticipated Average Length of 120 Days Stay: Total Component Cost: $56 ,6921 ... by Estimated# to be served during funding period: 30 Estimated Average Cost Per Youth: $1 ,890 A pplies to 0 continuati on programs o nly. 23 0 Fon n JC PC/PA 0 01 JCPC P rogram Agreeme nt Form stru cture last r evised 0 1/09 /2012 De partme nt of Publi c Safety Actual number of youth admitted FY 17-18: 23 Number of admissions Juvenile Justice Referred 0% of total admissions Number of admissions Law Enforcement Referred 100% of total admissions Number of admissions District Court Referred 0% of total admissions 071519 HCBOC Page 182 SECTION Ill COMPONENT SUMMARY NAME OF COMPONENT: 4-H Teen Court and At-Risk Youth Development 1. Statement of the Problem : In concise terminology, describe how the program will address continuum need(s) in the county. Based on current JCPC Risk and Needs Assessment data, Harnett County youth are at the following re-normed risk of reoffending levels. R1-4%, R2-19%, R3-33%, R4-31%, RS-13%. However on average 68.7% are reported to lack pro- social peers resulting in association with negative or delinquent youth . County data is consistent with State data which reflects that the majority of youth for the two year period , average 86.5%, are age 12 or older when their first delinquent offense was reported in an alleged complaint. To combat this problem, the 4-H Teen Court and At-Risk Youth Development Program will provide youth with opportunities to not only be held accountable for their actions , but to continue association with pro-social peers while completing and also upon completion of mandated sanctions via year round 4-H fife skill development opportunities. 4-H Teen Court provides an alternative sentencing method for first-time misdemeanor offenders and imposes sanctions that not only allow youth to be accountable for their actions, but also engages them in purposeful fife skill building programming that will result in positive behavior change and increased interaction with pro-social peers within the traditional 4-H program. This will potentially reduce the case load of the traditional court system and allow for more prompt reinforcement for the youth involved. All 4-H program components are open to Teen Court youth during and after completion of required sanctions. Continued participation will be encouraged after sanctions have been completed. In addition to increasing opportunities for interaction with pro-social peers , program involvement allows youth to form trusting relationships with positive adults in the form of both paid and volunteer staff. 4-H program involvement allows families to build a network of adults and positive teens to encourage and uplift youth . 2. Target Population: Describe the target population, inc luding age, and the steps taken to in s ure that the target population is seNed. First offender youth , ages 6 to 17 years old whose referring behavior constitutes a violation of the law or misdemeanor, are actively enrolled in an educational program and are deemed appropriate referrals for a Teen Court program. 3 . Program Goal(s): Provide a brief statement to describe the overall purpose of the program . Goal 1 : To provide an alternative sentencing method for first-time misdemeanor youth offenders ages 6-17 in order to reduce the case load of the traditional juvenile justice system. Goal 2 : To provide real world accountability for youth offenders using educational methods that result in positive behavior change reflected by increased civic/community engagement. Goal 3: To provide real world accountability for youth offenders using educational methods that result in positive behavior change reflected by an increased knowledge of career skills . Goal 4 : To assist youth and families in developing a network of positive adults and teens to create increased opportunities for prosocial interactions. Fo rm JCPC/PA 0 0 1 JCPC Program Agreement Fo rm s tructure last revised 12/3 1/201 2 Depa rtm en t of Pub li c Safety 071519 HCBOC Page 183 SECTION Ill COMPONENT SUMMARY NAME OF COMPONENT : 4-H Teen Court and At-Risk Youth Development 4 . Measurable Objective(s): State in measurable terms (%) the intended effect of the program on specific undisciplined and/or delinquent behaviors. Example : anticipated reductions in court referrals, runaway behavior, disruptive behavior at school, anticipated improved school attendance and academic achievement. These objectives must include impact on participants. 50% Clients will successfully or satisfactorily complete services as intended by the program design/service plan. 50% Clients successfully/satisfactorily completing the program will have no new complaints in the 12 months following completion. 50% Clients will have no new adjudications for a complaint with an offense date after the admission date. 50% Cl ients will have no new complaints with an offense date after the admiss io n date. 50% Clients successfully/satisfactorily completing the program will have no new adjudications in the 12 months following completion. 50 % Clients will demonstrate improvement in developing and/or maintaining social and interpersonal interactions during program participation . 5 . Elevated Risks and Needs: Describe how you will address one or more of the Ele vated Risk and Needs of adjudicated juveniles listed in the local JCPC Request for Proposal. The 4-H Teen Court and At-risk Youth Development Program will provide programming that will address the need for a Teen Court program as identified by the latest Juvenile Crime Prevention Council needs assessment. Assessment data reflects that Harnett County youth are at low risk of reoffending . Teen Court will target youth that commit first-time misdemeanor offenses ages 6 to 17. Life skill development sanctions will be mandated that hold the youth accountable for their actions and that promote increased knowledge and awareness of community enhancement and civic engagement. Youth will be empowered by involvement in real world proj ects to raise feel ings of self-worth and competence. Sanctions will include but are not limited to: NC 4-H Hungry to Help: NC is 2nd in childhood food insecurity only behind Louisiana. Youth will engage in gardening and food collection programs to assist in reducing childhood food insecurity. Projects will include 4-H gardens , sweet potato gleaning , and food drives . Partners include NC 4-H , the Central Food Bank of NC , the NC Cooperative Extension , Harnett County Schools and the Harnett County Food Pantry. 4-H Life Skill Development Programming : 4-H Teen Leadership/Presentation Program (Public Speaking Skills), 4-H Livestock Judging (Critical Thinking, Organizational and Problem Solving Skills), 4-H Shooting Sports Program (Safety, Self-Discipline and Value of Environmental and Natural Resources) Current assessment data also indicates that Harnett County youth are more likely to associate with undisciplined or delinquent youth. While participating in Teen Court sanctions, youth will interact with traditional 4-H program youth creating opportunities for increased association with pro-social peers and adult volunteers and staff. Upon completion of sanctions , youth will be encouraged to continue 4-H participation to maintain opportunities for pro-social interaction . Form JCPC/PA 001 JCPC Program Agreement Form s tructure la st re vi sed 12/3 1/2012 Department o f Public Safety 071519 HCBOC Page 184 SECTION IV COMPONENT NARRATIVE (attach for each component) NAME OF COMPONENT: 4-H Teen Court and At-Risk Youth Development 1. Location: List physical address(es) and desc ribe where program services are delivered. Program Staff Harnett County Agriculture Center 126 Ale xander Drive, Suite 300 Lillington , NC 27546 Teen Court Proceedings Harnett County Courthouse 301 W. Cornelius Harnett Blvd . Lillington , NC 27546 The program will be housed within the NC Cooperative Extension, Harnett County Center office via the 4-H Youth Development program . Program staff will be located in Suite 300 of the Agriculture Center. Conference room facilities will be available for parenUguardian meetings and the Training room will be utilized for Leadership Training and sanctions. Teen Court proceedings will take place at the Harnett County Court House. 2. Operation: Describe the daily/weekly schedule of program operation. Teen Court sessions will be held twice monthly on a regularly scheduled basis during the evening hours. Schedule will be subject to inclement weather closings and will be on schedule with Harnett County Schools . Example: 1st and 3rd Tuesday night of each month at 6 :00 pm Referred youth will be accepted year round. Once accepted , the 4-H Teen Court Coordinator will communicate with parents and youth until program termination to ensure understanding of Teen Court proceedings and sanction expectations. Communication may be via Teen Court sessions , involvement in sanctions , email with a response , phone calls or face to face meetings. Opportunities for sanction completion will be offered on a bi-weekly basis. Sanctions will be conducted year round with schedules being set by the 4-H Teen Court Coordinator. Sanctions with specific deadlines mandated by the NC 4-H program will be planned accordingly with County level programming provided to support youth success such as presentation practice sessions. Outdoor/gardening activities will be conducted as weather is appropriate. Indoor oriented sanctions will be conducted year round . Youth will be enrolled for a maximum of 120 days. Extended involvement will be agreed upon as deemed necessary by the referring parties and parents . Involvement beyond 120 days will be outlined in a written agreement such as the 4-H Enrollment Form or Teen Court Parent Agreement. The work schedule of the 4-H Teen Court and At-risk Youth Development Program Coordinator will consist of 40 work hours each week. The primary work schedule will be 8:00-5:00 with adjustments being made to allow for Teen Court sessions or sanctions that are required to occur after hours or on weekends in order not to exceed 40 hours per week. 3. Staff Positions : Describe paid or volunteer pos ition qualifications, (certifications, degrees, work experience) and Fo m1 JC PC/PA 00 1 JCPC P rogram Agreement Fo rm stru ctu re last re vis ed 12/3 1/2 01 2 Department of Publi c Safety 071519 HCBOC Page 185 SECTION IV COMPONENT NARRATIVE (attach for each component) NAME OF COMPONENT: 4-H Teen Court and At-Risk Youth Development position(s) responsibilities relative to this component. 1 F!T 4-H Teen Court Program Manager (4-H Program Assistant) Qualifications: Must possess a minimum of an Bachelors degree in a Human Services or a related field or a four year degree in any other field with at least 2 years experience as a direct service professional in a juvenile serving agency. Responsibilities: Include case oversight and supervision of all Teen Court proceedings including court sessions and sanctions organized by 4-H. The position is also responsible for evaluation of sanctions conducted by partnering agencies/organizations . In addition , the position will recruit , supervise and train all professional and community based program volunteers. The position will network with all partnering agencies needed to conduct Teen Court and to accept referrals. Partnerships will be fostered to ensure sustainability of program efforts. The position will be the main point of contact for the Teen Court program and maintain expected levels of partner and parent/youth communication. Responsibilities also include development of evaluation tools used to evaluate program success in addition to completing required funding and program impact reports . Teen Court Professional Volunteers (Attorneys, Judges and District Attorneys) Qualifications: Professional career in the specific volunteer role with Teen Court. Responsibilities : Adult Volunteers will be utilized to serve as career coaches for teens involved in Teen Court proceedings to include defense and prosecuting attorneys , clerk , bailiff and jury members. Adult Volunteers Qualifications : Must complete the NC 4-H Volunteer Screening application process that includes a background check. Responsibilities : Ensure efficient proceeding of Teen Court cases. Community volunteers will assist with implementation of sanctions . Teen Volunteers Qualifications : An interest of working with Teen Court and successfully completed the training for the role taken with the program . Responsibilities: Youth ages 13-17 will be recruited to serve as attorneys , jurors, the bailiff and clerk during all Teen Court proceedings. Teen volunteers will also be recruited to assist with sanction planning and implementation. NOTE: All volunteers , both adult and youth , are required to attend Teen Court trainings that address the needs of their assigned responsibility. All will receive written volunteer job descriptions and are required to sign a standards of behavior and confidentiality statement. 4. Service Type SPEP: Describe implementation to include: This program is a STRUCTURE ONLY. 5. Admiss ion Process: Describe the specific referral, screening, admission process (including timeline), the staff responsible for making decisions about admissions and reasons why a referral may not be accepted. 4-H Teen Court referrals will be accepted from Law Enforcement Officials and Juvenile Justice. Referral Process: Upon receiving a written referral , the Teen Court Coordinator will assess the suitability of referred youth . Within 30 days of receiving the referral , the Coordinator will make contact with the victim to assess any monetary loss unless otherwise informed in writing by the referral source. Fo rm JCP C/PA 001 JCPC P rogram Agreement Form structure last revised 12 /3 1/201 2 Departme nt of Pub lic Safety 071519 HCBOC Page 186 SECTION IV COMPONENT NARRATIVE (attach for each component) NAME OF COMPONENT: 4-H Teen Court and At-Risk Youth Development Screening Process: Questionable referrals will be reviewed by the Program Director and a determination will be made concerning acceptance. All other referrals will be approved by the Coordinator. Admission Process: Once a referral is received and accepted , the Teen Court Coordinator will contact the family to schedule an intake appointment followed by contact with the referring agency within 14 business days orally or in writing to confirm intake. A participation agreement will be signed by the referring agency, youth and parent/guardian during the intake appointment. Juveniles must be admitted into the program within 30 days of receiving the referral. Client tracking data will be entered within 7 days of the admission decision. Reasons why a referral may not be accepted : If a youth has reached their 18 birthday and/or is charged with any of the following : Driving while impaired , Class A1 misdemeanors, An assault in which a weapon was used, or A controlled substance offense under Article 5 of Chapter 90 of the NC General Statues, excluding simple possession of a schedule VI drug or alcohol offense and Sexual offenses. Or youth is deemed to need more care than provided by the program determined by the Teen Court Coordinator. 6 . Termination Process: Describe the termination process to include the staff responsible for making decisions and the criteria for a successful termination, satisfactory termination, unsuccessful completion and non-compliant termination . The Teen Court Program Manager makes terminations decisions. Termination Process: A written termination form will be completed which will include sanctions (activities) completed, results, recommendations , last date of program contact and reason for termination. Upon termination , copies of the termination form must be provided to the referring agency and the parent/guardian of the youth involved within 7 business days. Data will be entered into client tracking within 7 days of the termination decision. Successful Completion : Indicates a high level of juvenile participation in program activities and achievement of behavior improvement goals. Satisfactory Completion: Indicates an acceptable level of juvenile participation and behavior improvement even though the juvenile did not complete all program activities and did not meet all behavior goals.(Must obtain approval from Program Director and notify referring agency) Unsuccessful Completion : Failure to meet specific goals and requirements or make sufficient progress in the program. (Must obtain approval from Program Director and notify referring agency), Non-Compliance: Unexcused absences or refusing to participate in treatment activities.Must obtain approval from Program Director and notify referring agency), How is the referring agency involved with the termination process? The referring agency will be notified through written, oral , or email correspondence prior to termination in order to provide an opportunity to communicate with Teen Court program staff pertaining to expected youth progress. Form JCPC/PA 001 JCPC Program Agreement Form structure la st revised 12/3 I /2012 Department of Public Safety 071519 HCBOC Page 187 SECTION IV COMPONENT NARRATIVE (attach for each component) NAME OF COMPONENT: 4-H Teen Court and At-Risk Youth Development Feedback will be reflected on the termination form and filed for each juvenile. 7. Referring Agency Interaction: Describe the interaction with juvenile court counselors and/or other referring agencies including how client progress will be communicated. The Teen Court Coordinator will communicate at least monthly with Court Counselors and other referring agencies in reference to client progress . Communication will take place via face to face meetings, phone , email or in writing. Client progress forms will be used to document monthly progress and filed. The Teen Court Coordinator will also provide the program report at monthly JCPC meetings. 8. Intervention/Treatment: Describe specifically what the component will do to redirect inappropriate youth behavior or how the component will address the identified needs of the youth and family. What interventions will typically be utilized in this component and how will parents/guardians be involved? The 4-H Teen Court and At-risk Youth Development Program will engage youth in purposeful life skill enriching activities that will create opportunities for real world learning ; youth empowerment and building of community capacity. As a result , youth will develop mastery of skills and gain an increased sense of self-worth . In addition , youth will increase time spent with pro-social peers and adults building a sense of acceptance. Research shows that if youth needs go unmet or are met in negative ways youth will : seek to belong through promiscuous behaviors, attempt to feel mastery by cheating or practicing other delinquent skills , try to establish independence by acting as a bully or by displaying defiant behavior, or feel unable to establish their own positive self identity. The 4-H Teen Court and At-risk Youth Development Program will strive to involve youth in meaningful experiences that meet the needs of positive youth development in order to encourage youth who: experience belonging , and develop a trusting and friendly demeanor, seek productive opportunities to experience mastery of a skill and become problem solvers displaying self-motivation , and that when presented with opportunities to become independent, display self-confidence and self-discipline as youth leaders showing care and generosity to others. Parents/guardians will be involved in the Teen Court process by intake meetings, Teen Court proceedings, and weekly communication with program staff during Teen Court program involvement including sanctions. Parent surveys will be conducted during the termination process to gauge parental observations pertaining to youth progress and program impact. Parents will be encouraged to contact program staff with any concerns or celebrations regarding youth progress. 9. Best Practice Model: Describe what model or evidence-supported/best practice the program is based upon . Teen Court is based on North Carolina's comprehensive strategy for juvenile deliquency and resarch based best practice of graduated sanctions and is an alternative sentencing method for first-time misdemeanor youth offenders, therefore minimizing the case load of traditional juvenile court. Teen Court utilizes a matrix to organize sanctions according to risk level and severity of the offense. Sanctions Fo nn JCPC/PA 001 J CPC Program Agreement Fonn s tructure last revised I 2/3 1/20 12 Department of Public Safety 071519 HCBOC Page 188 SECTION IV COMPONENT NARRATIVE (attach for each component) NAME OF COMPONENT: 4-H Teen Court and At-Risk Youth Developme nt imposed take into con sideration the characteristics of the client in addition to the intended outcome of the sanction being imposed . Dosage or amount of time engaged in the identified sanction is directly related to the characteristics of the juevenile client and the desired behavior change to be displayed. Supplementary or opportunities for follow up are also taken into consideration when imposing Teen Court sanctions. These are all identified as characteristics of effective programs and ,are identified in the Teen Court standard operating procedures . Fonn JCPC/PA 001 JCPC Program Agr eement Fonn s tructure last revised 12/3 I /20 12 Department of Public Safety 071519 HCBOC Page 189 SECTIONV Terms of Agreement This Agreement is entered into by and between Department of Public Safety (hereinafter referred to as DPS), and Harnett County, (hereinafter referred to as the County), the County's Juvenile Crime Prevention Council (hereinafter referred to as the JCPC) and Harnett County Government (hereinafter referred to as the Sponsoring Agency). DPS , the County, the JCPC and the Sponsoring Agency do mutually agree as follows: Term of Agreement This Agreement shall become effective Jul 1, 2019 and shall terminate Jun 30, 2020. Payment to Sponsoring Agency All parties agree that services will be delivered as described in the approved JCPC Program Agreement and that JCPC funds will be disbursed in an amount not to exceed the amount $49000 for the term of this agreement, unless amended by an approved JCPC Program Agreement Revision. Availability of Funds: All parties to this Agreement agree and understand that the payment of the sums specified in this JCPC Program Agreement budget is dependent and contingent upon and subject to the appropriation , allocation , and availability of funds for this purpose to the DPS. Responsibilities of the Parties DPS shall : 1. Disburse funds monthly to County Governments, for payment to the Sponsoring Agency, from the Juvenile Crime Prevention Council (JCPC) fund appropriation by the General Assembly; 2. Reserve the right to suspend payment to the County for any non-compliance by the Sponsoring Agency with any reporting requirements set forth in the JCPC Policy and Procedures; 3. Notify in writing the County and Sponsoring Agency immediately if payments are suspended and again once payments resume ; 4. Pay only for work as described in the JCPC Program Agreement provided by the Sponsoring Agency and approved subcontractors; 5. Provide technical assistance, orientation and training to the Sponsoring Agency, the County and the JCPC; 6. Monitor Sponsoring Agency's JCPC funded program(s) in accordance with JCPC Policy 3. Operations: Program Oversight and Monitoring ; and 7. Notify parties entering into this Agreement of all due dates in a timely manner in o~der for reports to be submitted by the established due date. The Sponsoring Agency shall : 1 . Comply with all laws , ordinances, codes, rules , regulations , and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and/or authority; Form structure last revised 12/20/20 I 3 Departme nt of Public Safety 071519 HCBOC Page 190 2. Comply with all Federal and State laws relating to equal employment opportunity ; 3. Keep as confidential and not divulge or make available to any individual or organization without the prior written approval of the DPS any information , data , instruments, documents , studies or reports given to or prepared or assembled by the Sponsoring Agency under this Agreement; 4 . Acknowledge that in receiving , storing , processing or otherwise dealing with any confidential information it will safeguard and not further disclose the information except as otherwise provided in this Agreement; 5. Comply with the Juvenile Crime Prevention Policy and Procedures established by the DPS and the North Carolina Administrative Procedures; 6. Secure local match as required , pursuant to 14B NCAC 11B.0105 , for the approved JCPC funds; 7. Create and adopt individualized guidelines specific to the funded program , while also adhering to JCPC Policy and Procedures established by DPS for all JCPC funded programs and for the specific program type for which they receive funding ; 8. Ensure that state funds received are spent in accordance with the approved JCPC Program Agreement and be accountable for the legal and appropriate expenditure of those state funds ; 9. Maintain reports , records , and other information to properly document services rendered and outcomes ; also maintain an ability to send and receive electronic communication; 10. Have the capacity to use DPS electronic, internet-based system for tracking clients served ; 11 . Use generally accepted accounting procedures that guarantee the integrity of the expenditure of JCPC funds , maintain reports, records , and other information to properly account for the expenditure of all State funds provided to the Sponsoring Agency ; 12. When refunds are requested from the North Carolina Department of Revenue for sales and/or use taxes paid by the agency in the performance of the JCPC Program Agreement, as allowed by NCGS §105-164.14(c), the agency shall exclude all refundable sales and use taxes from reportable expenditures submitted to the County and DPS ; 13 . Submit JCPC Program Agreement Revisions, Third Quarter Accounting , Fina l Accounting and annual detailed expenditures through NCALLIES . These reports must be in accordance with the submiss ion process as outlined in the JCPC Policy and Procedures established by DPS and with the due dates established by DPS; 14 . Make personnel , reports , records and other information available to DPS , the County , the JCPC, and/or the State Auditor for oversight, monitoring and evaluation purposes; 15. Submit any other information requested by the JCPC , County or DPS ; 16 . Be responsible for the performance of all subcontractors as described in the JCPC Program Agreement; 17. Indemnifies and holds harmless DPS , the State of North Carolina , the County and any of their officers, agents and employees, from any claims of third parties arising out of any act or omission of the Sponsoring Agency in connection with the performance of the JCPC Program Agreement; 18. Receive permission and budgetary approval from DPS prior to using the JCPC Program Agreement as a part of any news release or commercial advertising and acknowledge DPS funding in partnership with the County ; 19. Comply with DPS trainings and requirements regarding the United States Department of Justice national standards to prevent, detect, and respond to prison rape under the Prison Rape Elimination Act (PREA); Reference: 148 NCAC 118, and in compliance with JCPC Policy 2: Operations: Program Op e rational Requirements Sponsoring Agency Contractor(s)/Subcontractors ~ No, subcontractors are not included in the JCPC Program Agreement budget. If yes, the following only applies when subcontractors are providing services as described in the JCPC Program Agreement (listed in Line Item 190 of the budget). Form stru cture last revised 12/20/201 3 De partment of Publ ic Safet y 071519 HCBOC Page 191 20. Receive prior approval from DPS in the form of a contract being submitted with the JCPC Program Agreement if any of the services described in the JCPC Program Agreement are provided by a subcontractor: NOTE: Contracts signed by all palties must be submitted once the JCPC Program Agreement receives signed approval from DPS. Sponsoring Agencies will be notified requesting this information. 21 . Hold any contractor or subcontractor to which the Sponsoring Agency provides State funds accountable for the legal and appropriate expenditure of State funds , and to all applicable laws and Juvenile Crime Prevention Council Policies and Procedures: 22. Ensure that all subcontractors provide all information necessary to comply with the standards set forth in the JCPC Program Agreement; and 23. Be deemed an independent contractor in the performance of services described in the JCPC Program Agreement and as such shall be wholly responsible for the services to be performed and for the supervision of its employees. The Sponsoring Agency represents that it has, or shall secure at its own expense, all personnel required in performing the services as described in the JCPC Program Agreement. Such employees shall not be employees of, or have any individual contractual relationship with , DPS; The JCPC shall : 1. Ensure the Sponsoring Agency uses JCPC funds for only the purposes DPS has approved in JCPC Program Agreement or JCPC Program Agreement Revision(s); 2. Comply with the Juvenile Crime Prevention Policy and Procedures established by DPS and the North Carolina Administrative Code ; N.C.G.S. §143B-801(a);143B-602;143B-851 3. Review and locally approve Program Agreement Revisions received from the Sponsoring Agency and submit to the County in a timely manner; 4. Review and locally approve Third Quarter Accounting forms and submit to the County in order to meet the due date established by DPS; 5. Submit any other information requested by the County or DPS ; and 6. Monitor the Sponsoring Agency's currently funded JCPC program(s) in accordance with JCPC Policy 3. Operations : Program Oversight and Monitoring Reference: 148 NCA C 118.0202 and JCPC Policy 1, 7, 8, 9, 10, and 11 . The County shall: 1. Ensure the Sponsoring Agency is appropriately licensed, and either a public agency or a 501 (c) 3 private non- profit organization ; 2. Use JCPC funds only for the purposes DPS has approved in program agreements or program agreement revisions ; 3. Disburse JCPC funds monthly and oversee JCPC funds to the Sponsoring Agency in accordance with 14B NCAC 118.0108 4. Comply with the Juvenile Crime Prevention Policy and Procedures established by DPS and the North Carolina Fonn s tructure last revised 12/20/20 13 D epartment of Publ ic Safety 071519 HCBOC Page 192 Administrative Procedures; 5. Review and locally approve Program Agreement Revisions received from the Sponsoring Agency for final approval from DPS; and 6 . Review and locally approve Third Quarter and Final Accounting forms for the JCPC and all JCPC funded programs according to the procedures and due dates established by DPS. Reference: 148 NCAC 118; JCPC Policy 3, 7, 8 , 9, 10, and 11 Headings : The Section and Paragraph headings in these General Terms and Conditions are not material parts of the agreement and should not be used to construe the meaning thereof. Choice of Law: The validity of this Program Agreement and any of its terms or provisions , as well as the rights and duties of the parties to this Program Agreement, are governed by the laws of North Carolina. The parties, by signing this Program Agreement, agree and submit , solely for matters concerning this Program Agreement, to the exclusive jurisdiction of the courts of North Carolina and agree, solely for such purpose, that the exclusive venue for any legal proceedings shall be Wake County, North Carolina. The place of this Program Agreement and all transactions and agreements relating to it, and their situs and forum , shall be Wake County , North Carolina , where all matters, whether sounding in Program Agreement or tort , relating to the validity , construction , interpretation , and enforcement shall be determined . Assignment: No assignment of the Sponsoring Agency's obligations or the Sponsoring Agency's right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority, DPS may: (a) Forward the Sponsoring Agency's payment check(s) directly to any person or entity designated by the Program Manager, or (b) Include any person or entity designated by Sponsoring Agency as a joint payee on the Sponsoring Agency's payment check(s). In no event shall such approval and action obligate DPS or County Government to anyone other than the Sponsoring Agency and the Sponsoring Agency shall remain responsible for fulfillment of all Program Agreement obligations . Beneficiaries: Except as herein specifically provided otherwise, this Program Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors . It is expressly understood and agreed that the enforcement of the terms and conditions of this Program Agreement , and all rights of action relating to such enforcement, shall be strictly reserved to DPS , the County Government, and the Sponsoring Agency. Nothing contained in this document shall give or allow any claim or right of action whatsoever by any other third person . It is the express intention of DPS and County Government that any such person or entity, other than DPS or the County Fonn struc ture last revised 12/20/201 3 Department of Public Safety 071519 HCBOC Page 193 Government, or the Sponsoring Agency receiving services or benefits under this Program Agreement shall be deemed an incidental beneficiary only. Property Rights Intellectual Property -All deliverable items produced pursuant to this Program Agreement are the exclusive property of DPS. The Sponsoring Agency shall not assert a claim of copyright or other property interest in such deliverables. Physical Property -the Sponsoring Agency agrees that it shall be responsible for the proper custody and care of any property purchased for or furnished to it for use in connection with the performance of this Progri=lm Agreement and will reimburse DPS for loss of, or damage to , such property. At the termination of this Program Agreement , the Sponsoring Agency , County Government, and JCPC shall follow the guidelines for disposition of property set forth in Administrative Code and JCPC policy. Reference: 148 NCAC 118.0110; JCPC Policy 9. Fiscal Accounting and Budgeting: Final Accounting Process Disbursements and Internal Controls Reversion of Unexpended Funds Any remaining unexpended JCPC funds DPS disbursed to the County for the Sponsoring Agency must be refunded/ reverted back to DPS at the close of fiscal year or upon termination of this Agreement. Accountability for Funds Audit Requirement-Local Government or Public Authority Requirements Local Government or Public Authorities in accordance with N.C.G.S. §159-34 must have an audit performed in conformity with generally accepted auditing standards. The audit shall evaluate the performance of a unit of local government or public authority with regard to compliance with all applicable Federal and State agency regulations. This audit, combined with the audit of financial accounts , shall be deemed to be the single audit described by the "Federal Single Audit Act of 1984". Audit Requirement -Non-Governmental Entities: An audit, when required by law, or requested by the County or DPS shall be performed in conformity with generally accepted auditing standards and audits of non-governmental entities, both for-profit and not-for-profit, and must meet the requirements of 0MB Circular A-133. At a minimum , the required report shall include the financial statements prepared in accordance with generally accepted accounting principles, all disclosures in the public interest required by law, and the auditor's opinion and comments relating to financial statements. The audit report must be submitted to the State Auditor's office as required by law, to the County and DPS , and to other recipients as appropriate within nine (9) months after the end of your program 's fiscal year. Oversight Access to Persons and Records: The State Auditor shall have access to persons and records as a result of all Program Agreements entered into by State agencies or political subdivisions in accordance with N.C .G .S. §147-64.7. Additionally , as the State funding authority, DPS shall have access to persons and records as a result of all Program Form structure last revised 12/20/2013 Department of Public Safety 071519 HCBOC Page 194 Agreements entered into by State agencies or political subdivisions. Record Retention: Records shall not be destroyed , purged or disposed of without the express written consent of DPS . State basic records retention policy requires all records to be retained for a minimum of five years or until all audit exceptions have been resolved , whichever is longer. If the Program Agreement is subject to Federal policy and regulations , record retention may be longer than five years since records must be retained for a period of three years following submission of the final Federal Financial Status Report, if applicable , or three years following the submission of a revised final Federal Financial Status Report . Also , if any litigation, claim , negotiation , audit , disallowance action , or other action involving this Program Agreement has been started before expiration of the five-year retention period described above , the records must be retained until completion of the action and resolution of all issues which arise from it , or until the end of the regular five-year period described above, whichever is later. No Overdue Tax Debt -Not for profit organizations ONLY will comply with this section. Form must be attached to the Program Agreement upon submission. The Sponsoring Agency shall be responsible for the payment of all State , local, and Federal taxes. Consistent with N. C.G.S . § 143C-6-23 (c), not for profit organizations shall file with DPS and the County a written statement completed by that Sponsoring Agency's board of directors or other governing body , stating whether or not the Sponsoring Agency has any overdue tax debts, as defined by N.C.G.S. 105-243.1 , at the Federal , State , or local level. This written statement, Certification of No Overdue Tax Debts, shall be completed by the Sponsoring Agency and attached to the Program Agreement upon submission. Conflict of Interest-Not for profit organizations ONLY will comply with this section. Form must be attached to the Program Agreement upon submission . Consistent with the N.C.G.S. §143C-6-23 (b), not for profit organizations shall file with DPS and the County a copy of that Sponsoring Agency's policy addressing conflicts of interest that may arise involving the Sponsoring Agency's management employees and the members of its board of directors or other governing body. The policy shall address situations in which any of these individuals may directly or indirectly benefit, except as the Sponsoring Agency's employees or members of its board or other governing body, from the Sponsoring Agency's disbursing of State funds and shall include actions to be taken by the Sponsoring Agency or the individual, or both to avoid conflicts of interest and the appearance of impropriety. The policy shall be filed before the County or DPS may disburse any funds . The Sponsoring Agency shall also complete the DPS Conflict of Interest Policy Statement (Form DPS 13 001) and attach the statement and the Sponsoring Agency's policy addressing conflicts of interest to the JCPC Program Agreement upon submission. Amendment: This Agreement may not be amended orally or by performance. Any amendment must be requested by the Sponsoring Agency through submission of a JCPC Program Agreement Revision and executed by duly authorized representatives of DPS, the County Government , JCPC and Sponsoring Agency. Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this Program Agreement violates any applicable law, each such provision or requirement shall continue to be enforced to the extent it is not in violation of law or is not otherwise unenforceable and all other provisions and requirements of this Program Agreement shall remain in full force and effect. Form struc ture last revised 12/20/201 3 De partme nt o f Publi c Safet y 071519 HCBOC Page 195 Termination for Cause: If, through any cause, the Sponsoring Agency shall fail to fulfill its obligations un der this Program Agreement in a timely and proper manner, DPS shall have the right to terminate th is Program Agreement by g iving written notice to the Sponsoring Agency and specifying the effective date thereof. In that event, all finished or unfinished deliverable items prepared by the Sponsoring Agency under this Program Agreement shall, at the option of DPS , become its property and the Sponsoring Agency shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials, minus any payment or compensation previ ously made. Notwithstanding the foregoing provision, the Sponsoring Agency shall not be relieved of liability to DPS for damages susta ined by DPS by virtue of the Sponsoring Agency 's breach of this agreement, and DPS may withhold any payment due the Sponsoring Agency for the purpose of setoff until such time as the exact amount of damages due QPS from such breach can be determined . The filing of a petition for bankruptcy by the Sponsoring Agency shall be an act of default under this Program Agreement. Termination without Cause: DPS, the County Government, or the Sponsoring Agency may terminate this Agreement at any time and without cause by giving at least thirty (30) days advance written notice to the other. If this P rogram Agreement is terminated by DPS as provided herein, the Sponsoring Agency shall be reimbursed on a pro rata basis for services satisfactorily provided to DPS under this Program Agreement prior to Program Agreement termination . Waiver of Default: Waiver by DPS of any default or breach in compliance with the terms of th is Program Agreement by the Sponsoring Agency shall not be deemed a waiver of any subsequent default or breach and shall not be construed to be modification of the terms of this Program Agreement unless stated to be such in writing, signed by an authorized representative of DPS , County Government, the JCPC and the Sponsoring Agency and attached to the Program Agreement. Force Majeure: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action , nuclear explosion , riot, strikes , civil insurrection , earthquake , hurricane, tornado , or other catastrophic natural event or act of God. Survival of Promises: All promises , requirements , terms , conditions , provisions, representations , guarantees, and warranties conta in ed herein shall survive the Program Agreement expiration or termination date unless specifically provided otherwise herein , or unless superseded by applicable Federal or State statutes of limitation. Fonn s tructure last revised 12/20/20 13 Departm e nt of Public Safety END OF SECTION V -Terms of Agreement 071519 HCBOC Page 196 SECTION VI: BUDGET NARRATIVE 4-H Teen Court and At-Risk Youth Development Item# Justification 120 Full-Time Teen Co.urt Program Manager $1,926.83/mo 120 4-H Agent supervision 2 hr/wk@ 17 .00/hr for 52 weeks and Extension Secretary for clerical support 1 hr/wk@ 12.00/hr for 52 weeks 180 County Package : FICA@ 7 .65% (2026), Wrk Comp. (610), Reg Retirement (1987), Group Ins. @652.740/mo (7829), HSA (0), Emp. Clinic@ 15/mo (180), Unemployment Ins . (265), Incentives (0), Supplemental Retirement (300), Longevity (265) Dental (360) 220 Funds will be used to purchase/provide meals and/or snacks for youth during training and sanction implementation . Hungry to Help supplies , jury incentive meals, and volunteer/client family appreciation dinner. 250 Fuel Cost for 15 passenger van (2 ,086 miles@ 0.575/mile) 260 Supply Cost for program records and promotion (folders, printer cartridges , desk calendar, planner, and display board). 290 Supplies needed to support implementation of program sanctions and life skill programming (flip charts, markers, landscaping tools , and c urriculum). 320 Cell phone for program coordinator. 60/mo = 720/yr 340 5000 copies @ .10 each for communication and program promotion 390 Training opportunities for staff and youth (Association membership fees ; registrations ; lodging , food and etc) NC Congress ; 4H Camps ; NCJSA, Teen Court Association , DJJ Trainings , NC 4H State events. 410 Office Space (includes phone) $400/mo 450 American Income Life Insurance -4-H Plan Supplemental Medical Coverage -$1. 00/youth for 100 youth and ad ult volunteers -covers entire year. TOTAL Job Title 4-H Teen Court Program Manager (4-H Program Assistant) -Responsibilities include implementation of teen court program , management/recruitment of teen court partners, volunteers and communication with youth and families . 4-H Agent and Extension Secretary for direct supervision and clerical support TOTAL Fo nn JCPC/PA 00 1 JCPC Program Agreement Fonn st ru cture last revised 12/3 1/20 12 Department of Pu blic Safe ty Fiscal Year FY 19-20 Expense In Kind Expense $26,481 $2 ,392 $13 ,822 $500 $1,000 $127 $400 $720 $500 $5 ,850 $4 ,800 $100 $49 ,000 $7,692 Annual Expense Annual In Kind Wages Wages $26,481 $2,392 $26 ,481 $2,392 071519 HCBOC Page 197 SECTION VII Program: 4-H Teen Court and At-Risk Youth Development Fiscal Year: FY 19-20 I. Personnel Services 120 Salaries & Wages 180 Fringe Benefits 190 Professional Services• *Contracts MUST be attached II. Supplies & Materials 210 Household & Cleaning 220 Food & Provisions 230 Education & Medical 240 Construction & Repair 250 Vehicle Supplies & Materials 260 Office Supplies and Materials 280 Heating & Utility Supplies 290 Other Supplies and Materials Ill. Current Obligations & Services 310 Travel & Transportation 320 Communications 330 Utilities 340 Printing & Binding 350 Repairs & Maintenance 370 Advertising 380 Data Processing 390 Other Services IV. Fixed Charges & Other Expenses 41 O Rental or Real Property 430 Equipment Rental 440 Service and Main!. Contracts 450 Insurance & Bonding 490 Other Fixed Charges V. Capital Outlay [This Section Requires Cash Match] 510 Office Furniture & Equipment 530 Educational Equipment 540 Motor Vehicle 550 Other Equipment 580 Buildings, Structure & lmprov. !Total Form JCPC/PA 001 JCPC Program Agreement Form structure last revised 12/31 /20 12 Department of Public Safety Number of Months: 12 Cash In Kind $40,303 $2,392 $26,481 $2,392 $13,822 $2,027 $500 $1 ,000 $127 $400 $6,570 $500 $720 $500 $5,850 $100 $4,800 $4,800 $100 $49,000 $7,692 Total $42,695 $28,873 $13,822 $0 $2,027 $0 $500 $0 $0 $1 ,000 $127 $0 $400 $7,070 $0 $720 $0 $500 $0 $0 $0 $5,850 $4,900 $4,800 $0 $0 $100 $0 $0 $0 $0 $0 $0 $0 $56,6921 071519 HCBOC Page 198 SECTION VIII I SOURCES OF PROGRAM REVENUE (ALL SOURCES) FY 19-20 Harnett County Funding ID: 543-XXXX Sponsoring Agency : Harnett County Government Program: 4-H Teen Court and At-Risk Youth Development $49,000 DPS/JCPC Funds • This is the amount approved in your application 10% Local Match Rate Is the Local Match Rate 10%, 20 % or 30%? County Cash Local Cash Local Cash $7,692 Local In-Kind Harnett County Government Other Other Other Other $56 ,692 TOTAL $4 ,900 Required Local Match Authorizing Official , Department of Public Safety 't~~t~~~ certifies that th is program agreement has bee n locally approved by th e Board of Co unty Commissio, , , :~o}lrd of Commissioners or County Finance Director Th e following signature certifies that th is program agreement has been locally approved by th e Ju venile Crime Prevention Co uncil. (Specify Source) (Specify Source) (Spec ify So urce) (Specify Source) (Specify Source) (Specify Source) (Spec ify Source) (Specify So urce) $7 ,692 Match Provided Date '3 3a WI Program Manager Fonn JCPC/PA 001 JCPC Program Ag reement Fonn structure last revised 12/31/20 12 Department of Publi c Safety Date Date 071519 HCBOC Page 199 £Uii=Zf Dl'5J North Carolina Department of Public Safety JCPC Program -Program Agreement SECTION IA SPONSORING AGENCY AND PROGRAM INFORMATION FUNDING PERIOD: FY 19-20 DPS/JCPC FUNDING# (cont only)l 543-XXXX COUNTY: Harnett AREA: Central Area Multi-County: No Multi-Components No NAME OF PROGRAM :l(SKIP) School Kids In Power SPONSORING AGENCY: Dunn Police Athletic & Activities League, inc. SPONSORING AGENCY 610 Fairground Rd . PHYSICAL ADDRESS: Dunn NC 28334 SPONSORING AGENCY PO Box: 1238 MAILING ADDRESS: Dunn NC 28335 TYPE: Non-Profit I I FEDERAL ID #146-4258788 COMPONENT ID # NAME OF PROGRAM COMPONENT PROGRAM TYPE TOTAL COST OF EACH COMPONENT 24881 (SKIP) School Kids In Power Tutoring/Academic Enhancement $49,961 Program Manager Name & Address (same person on signature page) Name: Rod ney Rowland Mailing PO Box: 1238 Address: Phone: (910) 892-1873 I Fax:1(910) 292-4046 Contact Person (if different from program manager) Name: Rodney Rowland Malling PO Box: 1238 Address: Phone: (910) 892-1873 I Fax:1(910) 292-4046 Program Fiscal Officer (cannot be oroaram manaaerl Name: Shawana Cameron Malling PO Box: 12 38 Address: Phone: (910) 892-1873 Fonn JCPC/PA 001 JC PC Program Agreement Fonn structure last revised 12/3 1/2012 Department of Public Safety I Fax:1 (9 10) 292-4046 Total cost of components: $49,961 Title: Executive Director City: Dunn Z ip : 28335 I E-mail : I director@dunnpal.org Title: Executive Director City : Dunn Zip: 28335 I E-mail: I director@dunnpal.org Title: Treasurer City: Dunn I Z ip: 28335 I E-mail: I scameron1@harnett.k12.nc.us 071519 HCBOC Page 200 SECTION I B PROGRAM COMPONENT DESCRIPTION I COMPONENT ID# COMPONENT INFORMATION 2488 1 NAME OF COMPONENT: (SKIP) School Kids In Power BRIEF DESCRIPTION: Tutoring and Academic Enrichment for youth 10-17 years old to increase grades in school in reading and math , increase school attendance, decrease school suspensions and increase positive social interactions. The SKIP Program through Dunn PAL provides services to help supplement the schools curriculum by providing hands on learning to include College and Career Readiness Classes. The program also provides an opportunity for field trips designed to be an educational enrichment experience. Fonn JCPC/PA 001 JCPC Program Agreement Fonn structure last revised 12/31 /2012 Department of Public Safety 071519 HCBOC Page 201 SECTION II I COMPONENT STATISTICAL INFORMATION Multi-Components No Component Service Statistics I PROGRAM COMPONENT INFORMATION -APPLICATION YEAR Component Name: (SKIP) School Kids In Power Component ID # 24881 What is this component's maximum client capacity at any given time? 30 Frequency of client contact per month: 12 Anticipated Average Length of 90 Days Stay: Total Component Cost: $49,961, -;-by Estimated # to be served during funding period: 35 Estimated Average Cost Per Youth: $1,427 Applies to 0 continuation programs only. 0 0 Fo nn JCPC/PA 001 JCPC Prog ram Agreement Fo nn s tru c ture las t revised 01 /09/20 12 Departm ent o f Publi c Safet y Actual number of youth admitted FY 17-18: 0 Number of admissions Juvenile Justice Referred 0% of total admissions Number of admissions Law Enforcement Referred 0% of total admissions Number of admissions District Court Referred 0% of total admissions 071519 HCBOC Page 202 SECTION Ill COMPONENT SUMMARY NAME OF COMPONENT: (SKIP) School Kids In Power 1. Statement of the Problem: In concise terminology, des cribe how the program will address continuum need(s) in the county. According to the North Carolina Department of Public Safety Division of Juvenile Justice 2016 Annual Report for the sixth consecutive year the juvenile delinquency rate uuvenile crime) in the State of North Carolina has decreased. Also according to this report , over that six-year period, the State has experienced a 28% decrease in juvenile delinquency. In addition , there are fewer youth being committed by the court to long-term stays in the Division of Juvenile Justice's youth development centers. In 2016 187 youth were committed to youth development centers which were the lowest level ever recorded and represents a 48% decrease from since 2010 . Overall , over the last decade, juvenile commitments have dropped almost every year. With the juvenile delinquency rate being decreased from previous years , there is more emphasis focused on community based programming working with prevention and intervention. According to the North Carolina Department of Public Safety Division of Juvenile Justice 2016 Annual Report, Juvenile Gang lnvolvemenUaffiliation has been on the rise since 2014 increasing a half percent each year. Due to Raise The Age , NC (Ages 16-17) we will add more youth into the Juvenile Services Division. Low classroom grades and test scores of students in school , in-school and out-of-school suspensions and well as excessive absences and trouble in school lead to juvenile problems both in school and in the community. Lack of positive social interaction with both peers and adults lead to juvenile problems. Juvenile Gang Affiliation being on the rise leads to Juvenile Crime and all the above stated. Lack of safe places and supervised learning instruction for youth after school. 2. Target Population: D es cribe the target population, including age, and the steps taken to insure that the target population is served. The target population will be ages 10-17 boys and girls in Elementary through High School in the Harnett County area in keeping with PAL's Mission Statement. Those targeted are youth with minor court involvement, At-Risk of Court Involvement and may be referred by any of the following sources (Parents , Court Counselors . Police Officers, School Teachers , School Counselors and Administration staff, Community Leaders , Youth Themselves , Guardians, relatives, etc.). There is application process to be completed prior to admission . We will target youth via multiple resources to include ~newspaper, social media outlets, schools, online outlets and personal contact). 3. Program Goal(s): Provide a brief statement to describe the overall purpose of the program. The program will assist in educating the youth it serves with their homework, tutoring youth on specific subjects of weakness , and computer training with internet access to improve the youth grades in public school. We hope to lower youth problems in school and in the community by working with area schools , parents and law enforcement. In working with multiple resources in the government and private sector we hope to help provide sound education along with work experience to get youth to work and thus lower juvenile crime and lower youth problems such as lack of respect for authority , lack of socially acceptable values and improving positive self image. 1. Provide a safe environment 2. Provide safe and supervised programs 3 . Keep constant communication with all stake holders (Community and School) Fonn J CPC/PA 001 JCPC Program A greem ent Fonn struc ture last revised 12 /31 /201 2 De partme nt of Publi c Safety 071519 HCBOC Page 203 SECTION Ill COMPONENT SUMMARY NAME OF COMPONENT: (SKIP) School Kids In Power 4 . Enhance Police and Community Relations to give positive interaction with youth 5. Provide a learning environment on each youths level 6. Provide hands on learning for youth 7 . Track progress for success , deficiencies and enhancements 4. Measurable Objective(s): State in measurable terms(%) the intended effect of the program on specific undisciplined and/or delinquent behaviors. Example: anticipated reductions in cou,t referrals, runaway behavior, disruptive behavior at school, anticipated improved school attendance and academic achievement. These objectives must include impact on pa,ticipants. 70% Clients will improve academic skills/performance . 70% Clients successfully/satisfactorily completing the program will have no new adjudications in the 12 months following completion . 70% Clients successfully/satisfactorily completing the program will have no new complaints in the 12 months following completion . 80% Clients will actively participate in tutorial and/or academic enhancement activities as intended by program design/ the service plan . 70% Clients will have no new complaints with an offense date after the admission date. 75% Clients will successfully or satisfactorily complete services as intended by the program design/service plan . 70% Clients will have no new adjudications for a complaint with an offense date after the admission date. 75% Clients will reduce specific problem behaviors presented at referral and targeted in the individual service plan . 5. Elevated Risks and Needs: Describe how you will addres s one or more of the Elevated Risk and Needs of adjudicated juveniles lis ted in the local JCPC Request for Proposal. SKIP component will work with youth ages 10-17 years old who are At-Risk of becoming 1st time delinquent juveniles or have a first offense currently , we are also will be proactive in providing resources and training for youth who may have reports of substance abuse issues, work with other providers on mental health issues and those at-risk of becoming involved , work with youth that are low, and moderate to serious behavior problems at school. We will also work with youth who are At-risk or involved with negative and/or delinquent peers . We also work with youth and their families to fill in the gap of lack of parental supervision . We will accomplish this as stated below. Youth (ages 10-17) tutoring and homework assistance are priority risk factors in Harnett County. We will address lack of respect for authority, absence of positive role models and lack of socially acceptable values in the SKIP component. PAL will strive to prevent and reduce juvenile crime in Harnett County by focusing on identifying , tracking and educating the youth on their academic weaknesses which will make them strong mentally and lower problems in the classroom. PAL will coordinate with schools and teachers to ensure the student is getting help in the proper classes. Individual and group sessions will be provided to ensure quality performance of each student. A comprehensive mentoring program is in place to provide each student a mentor to help with homework and access with them in school. This is a partnership with Dunn Area Chamber of Commerce, local churches and citizens in the community that provide mentors and they are assigned to work with youth to help with grades and be positive role models. Furthermore, helping educate the parents is a vital role for them successfully working with their children. Form JCP C/PA 00 1 JCPC Program Agreeme nt Form structure las t rev ised 12/3 1/201 2 De p artm e nt o f Pub li c Safety 071519 HCBOC Page 204 SECTION IV COMPONENT NARRATIVE (attach for each component) NAME OF COMPONENT: (SKIP) School Kids In Power 1. Location : List physical address(es) and de scribe where program services are delivered. Dunn Police Athletic & Activities League 610 Fairground Road Dunn , NC 283 34 . Also PAL Education Building 1103 N . Ellis Avenue Dunn , NC and Dunn PAL Gym 610 East Johnson St. Dunn, NC 28334. Dunn PAL Main Office is where students each have a hot meal each day i n our cafeteria, attend some computer classes and where our Media Arts Classes are held . The PAL Education Building is where our students meet each day to finish homework and have some enrichment sessions to include STEAM (Science , Technology, Engineering, Arts and Math). Our Dunn PAL Gym is where we hold some classes , students have athletic/recreation opportunities. A lot of learning will be out of the classroom on educational field trips. 2. Operation: Describe the daily/weekly schedule of program operation. Tutoring/Homework help -Monday, Tuesday , Wednesday and Thursday= 4-4 :30 pm Enrichment Classes -Monday, Tuesday, Wednesday and Thursday = 4 :30-5 pm College & Career Readiness -Monday, Tuesday, Wednesday and Thursday= 5-5:30 pm Enrichment also College & Career Readiness classes and field trips -Fridays = 3 :30-5:30 pm The schedule is basic and subject to change depending on activities for the day. 3. Staff Positions: Describe paid or volunteer position qualifications, (certification s, degrees, work experience) and position(s) responsibilities relative to this component. After-school Instructors will work with youth in a group setting with their homework and specific course subjects. Staff will also be able to assist parents with the prope'r way to help their children as it relates to helping them w ith their homework. This will be a two paid part-time positions working no more than 35 hours a week. Instructors will also conduct hands on learning through Media Arts and STEAM classes as well as educational field trips. Must have prior experience in helping youth with homework. Must be willing to help youth . Teacher Certificate preferred. 4. Service Type SPEP: Describe implementation to include: Primary Service: Remedial Academic Program ; Secondary Service: Work experience 5. Admission Process: Describe the specific referral, screening, admission process (including timeline), the staff responsible for making decisions about admissions and reasons why a referral may not be accepted. Any youth or parent seeking to enroll in this program will have to meet with the After-school Coord inator, complete an admission application , complete an education agreement, agree to all rules and must attend 12 hours a week. The approval of the admission process takes 2-3 days. The referral process for Dunn PAL is implemented by a referral form that their parent/guardian, court counselors , law enforcement, school staff or social services can complete and send to Dunn PAL. Dunn PAL will then have the student and parent/guardian complete a full application and submit it to Dunn PAL for membership. Since Dunn PAL is voluntary, it will be the responsibil ity of the parent/guardian to assure completion. Each youth is tracked in our on-line database and must re-apply every year from the date the membership is received . Anyone may also register on-line at Dunn PAL's website www.dunnpal.org. The After-school Coordinator may place a student on a waiting list if the program is full. The Coordinator may reject an applicant if there is any sex related crimes or the coordinator feels after consultation with authorities that the child could pose a severe security risk Fonn JCPC/PA 001 JC PC Program Ag reement Fo rm s truc ture last revised 12/3 1/2012 De pa rtment o f Public Sa fety 071519 HCBOC Page 205 SECTION IV COMPONENT NARRATIVE (attach for each component) NAME OF COMPONENT: (SKIP) School Kids In Power to other students. After the initial admission process is complete the student w ill begin attending the next business day. 6. Termination Process : Describe the termination process to include the staff responsible for making decisions and the criteria for a successful termination, satisfactory termination, unsucces sful completion and non-compliant termination. A youth can be terminated at anytime for rule violations, moving out of county, quitting school or graduation from school. Termination can also occur if the youth satisfactory completes all assignments and grades are increased above a C for the entire semester. A student may also be terminated if they fail to complete the requ ired 12 hours a week attendance that was explained at admission. The After-school Coordinator checks all grades at school and checks to see if youth in in compliance with all terms set out prior to admission. The After-school Coordinator makes all determinations on criteria being followed . The After-school Coordinator or his/her designee will determine termination procedures and contact parent/guardian and the referral agency of compliance and termination . How is the referring agency involved with the termination process? The After-school Coordinator or his/her designee will determine termination procedures and contact parent/guardian and the referral agency of compliance and termination. Dunn PAL will mail the follow up letter to the parent/guardian of the youth on the status of their termination and also contact the referring organ ization . The parents will be notified of any possible violations within 5 days of the violation and give a corrective action to be followed. If the corrective action is not followed within 20 days , then the parents will be notified in writing and by telephone the child has been terminated. The referring agency will be notified upon determination that the youth is in jeopardy of being in violation for termination and will be notified of any meetings to help resolve the termination before final decision is made. 7. Referring Agency Interaction : Describe the interaction with juvenile court counselors and/or other referring agencies including how client progress will be communicated. The SKIP component will communicate with Juvenile Court/services and referring agency through the After-school Coordinator, Mentor Coordinator and Youth Advocate of the Dunn Police Athletic/Activit ies League (Dunn PAL). The SKIP Component will also partner with various organizations to help youth to be well rounded . 8. Intervention/Treatment: Describe specifically what the component will do to redirect inappropriate youth behavior or how the component will address the identified needs of the youth and family. What interventions will typic ally be utilized in this component and how will parents/guardians be involved? The component will work with the local school systems and youth through the After-school Coordinator to help better educate the youth in the program , thus increasing grades and reducing drop out rates . Dunn PAL SKIP is partnering with the Dunn Area Chamber of Commerce, local churches and citizens to add the mentoring program with the tutoring/ academic enhancement component. Each youth will be matched with an adult or peer and have one-to-one assistance. 9. Best Practice Model: Describe what model or evidence-supported/best practic e the program is based upon. Structuring out of school time to improve academic achievement, We use the US Department of Education 21st Century Community Learning Centers model. Curriculum will be followed by the Harnett County School System. School textbooks and online resources will be used. Professional Development will also be used online https://y4y.ed . gov/ and Harnett County Schools . We also have a Professional Development facil itator on site. Form JC PC/PA 001 J C PC Progra m Agreement Fo rm s tru cture las t re vised 12/3 I /2012 Department of Public Safet y 071519 HCBOC Page 206 SECTIONV Terms of Agreement This Agreement is entered into by and between Department of Public Safety (hereinafter referred to as DPS), and Harnett County, (hereinafter referred to as the County), the County's Juvenile Crime Prevention Council (hereinafter referred to as the JCPC) and Dunn Police Athletic & Activities League, inc. (hereinafter referred to as the Sponsoring Agency). DPS , the County , the JCPC and the Sponsoring Agency do mutually agree as follows : Term of Agreement This Agreement shall become effective Jul 1, 2019 and shall terminate Jun 30, 2020. Payment to Sponsoring Agency All parties agree that services will be delivered as described in the approved JCPC Program Agreement and that JCPC funds will be disbursed in an amount not to exceed the amount $36000 for the term of this agreement, unless amended by an approved JCPC Program Agreement Revision. Availability of Funds: All parties to this Agreement agree and understand that the payment of the sums specified in this JCPC Program Agreement budget is dependent and contingent upon and subject to the appropriation , allocation, and a v ailability of funds for this purpose to the DPS . Responsibilities of the Parties DPS shall: 1. Disburse funds monthly to County Governments, for payment to the Sponsoring Agency , from the Juvenile C rime Prevention Council (JCPC) fund appropriation by the General Assembly; 2 . Reserve the right to suspend payment to the County for any non-compliance by the Sponsoring Agency with any reporting requirements set forth in the JCPC Policy and Procedures; 3. Notify in writing the County and Sponsoring Agency immediately if payment s are suspended and again once payments resume; 4. Pay only for work as described in the JCPC Program Agreement provid ed by the Sponsoring Agency and approved subcontractors ; 5. Provide technical assistance, orientation and training to the Sponsoring Agency, the County and the JCPC ; 6. Monitor Sponsoring Agency's JCPC funded program(s) in accordance with JCPC Policy 3. Operations: Program Oversight and Monitoring ; and 7. Notify parties entering into this Agreement of all due dates in a timely manner in order for reports to be submitted by the established due date. The Sponsoring Agency shall : 1. Comply with all laws , ordinances, codes, rules, regulations, and licensing requirements that are applicable to the Form s tructure last revised 12/20/2013 Department o f Publi c Safety 071519 HCBOC Page 207 conduct of its business, including those of Federal, State , and local agencies having jurisdiction and/or authority ; 2 . Comply with all Federal and State laws relating to equal employment opportunity ; 3. Keep as confidential and not divulge or make available to any individual or organization without the prior written approval of the DPS any information , data , instruments, documents, stud ies or reports given to or prepared or assembled by the Sponsoring Agency under this Agreement; 4. Acknowledge that in receiving , storing, processing or otherwise dealing with any confidential information it will safeguard and not further disclose the information except as otherwise provided in this Agreement; 5. Comply with the Juvenile Crime Prevention Policy and Procedures established by the DPS and the North Carolina Administrative Procedures; 6. Secure local match as required, pursuant to 14B NCAC 11B.0105, for the approved JCPC funds; 7 . Create and adopt individualized guidelines specific to the funded program , while also adhering to JCPC Policy and Procedures established by DPS for all JCPC funded programs and for the specific program type for which they receive funding ; 8. Ensure that state funds received are spent in accordance with the approved JCPC Program Agreement and be accountable for the legal and appropriate expenditure of those state funds ; 9 . Maintain reports , records , and other information to properly document services rendered and outcomes ; also maintain an ability to send and receive electronic communication ; 10. Have the capacity to use DPS electronic, internet-based system for tracking clients served ; 11 . Use generally accepted accounting procedures that guarantee the integrity of the expenditure of JCPC funds , maintain reports , records, and other information to properly account for the expenditure of all State funds provided to the Sponsoring Agency; 12. When refunds are requested from the North Carolina Department of Revenue for sales and/or use taxes paid by the agency in the performance of the JCPC Program Agreement, as allowed by NCGS §105-164 .14(c), the agency shall exclude all refundable sales and use taxes from reportable expenditures submitted to the County and DPS ; 13. Subm it JCPC Program Agreement Revisions , Third Quarter Accounting , Final Accounting and annual detailed expenditures through NCALLIES. These reports must be in accordance with the submission process as outlined in the JCPC Policy and Procedures established by DPS and with the due dates established by DPS ; 14. Make personnel , reports, records and other information available to DPS, the County , the JCPC, and /or the State Auditor for oversight, monitoring and evaluation purposes ; 15. Submit any other information requested by the JCPC , County or DPS ; 16. Be responsible for the performance of all subcontractors as described in the JCPC Program Agreement; 17. Indemnifies and holds harmless DPS, the State of North Carolina, the County and any of the ir officers , agents and employees , from any claims of third parties arising out of any act or omission of the Sponsoring Agency in connection with the performance of the JCPC Program Agreement ; 18. Receive permission and budgetary approval from DPS prior to using the JCPC Program Agreement as a part of any news release or commercial advertising and acknowledge DPS funding in partnership with the County; 19. Comply with DPS trainings and requirements regarding the United States Department of Justice national standards to prevent , detect , and respond to prison rape under the Prison Rape Elimination Act (PREA); Reference : 148 NCAC 118, and in compliance with JCPC Policy 2: Operations: Program Operational Requirements Sponsoring Agency Contractor(s)/Subcontractors ~ No, subcontractors are not included in the JCPC Program Agreement budget. If yes , the following only applies when subcontractors are providing services as described in the JCPC Program Fonn s truct ure las t revised 12/20/201 3 Department of Publi c Safety 071519 HCBOC Page 208 Agreement (listed in Line Item 190 of the budget). 20. Receive prior approval from DPS in the form of a contract being submitted w ith the JCPC Program Agreement if any of the services described in the JCPC Program Agreement are provided by a subcontractor; NOTE: Contracts signed by all parties must be submitted once the JCPC Program Agreement recei ves signed approval from DPS. Sponsoring Agencies will be notified requesting this information . 21. Hold any contractor or subcontractor to which the Sponsoring Agency provides State funds accountable for the legal and appropriate expenditure of State funds , and to all applicable laws and Juvenile Crime Prevention Council Policies and Procedures; 22 . Ensure that all subcontractors provide all information necessary to comply with the standards set forth in the JCPC Program Agreement; and 23. Be deemed an independent contractor in the performance of services described in the JCPC P rogram Agreement and as such shall be wholly responsible for the services to be performed and for the supervision of its employees. The Sponsoring Agency represents that it has, or shall secure at its own expense , all personnel required in performing the services as described in the JCPC Program Agreement. Such employees shall not be employees of, or have any individual contractual relationship with , DPS ; The JCPC shall: 1. Ensure the Sponsoring Agency uses JCPC funds for only the purposes DPS has approved in JCPC Program Agreement or JCPC Program Agreement Revision(s); 2. Comply with the Juvenile Crime Prevention Policy and Procedures established by DPS and the North Carolina Administrative Code; N.C.G.S. §143B-801(a);143B-602;143B-851 3. Review and locally approve Program Agreement Revisions received from the Sponsoring Agency and submit to the County in a timely manner; 4 . Review and locally approve Third Quarter Accounting forms and submit to the County in order to meet the due date established by DPS ; 5. Submit any other information requested by the County or DPS ; and 6 . Monitor the Sponsoring Agency's currently funded JCPC program(s) in accordance with JCPC Policy 3. Operations: Program Oversight and Monitoring Reference: 148 NCAC 118.0202 and JCPC Policy 1, 7, 8, 9, 10, and 11 . The County shall : 1. Ensure the Sponsoring Agency is appropriately licensed, and either a public agency or a 501 (c) 3 private non- profit organization ; 2. Use JCPC funds only for the purposes DPS has approved in program agreements or program agreement revisions; Fo rm s truc ture last revised 12/20/201 3 Department o f Publ ic Safet y 071519 HCBOC Page 209 3 . Disburse JCPC funds monthly and oversee JCPC funds to the Sponsoring Agency in accordance with 148 NCAC 118.0108 4 . Comply with the Juvenile Crime Prevention Policy and Procedures established by DPS and the North Carolina Administrative Procedures ; 5. Review and locally approve Program Agreement Revisions received from the Sponsoring Agency for final approval from DPS; and 6 . Review and locally approve Third Quarter and Final Accounting forms for the JCPC and all JCPC funded programs according to the procedures and due dates established by DPS. Reference: 148 NGA C 11 B ; JCPC Policy 3, 7, 8, 9, 10, and 11 Headings: The Section and Paragraph headings in these General Terms and Conditions are not material parts of the agreement and should not be used to construe the meaning thereof. Choice of Law: The validity of this Program Agreement and any of its terms or provisions , as well as the rights and duties of the parties to this Program Agreement , are governed by the laws of North Carolina. The parties, by signing this Program Agreement, agree and submit, solely for matters concerning this Program Agreement , to the exclusive jurisdiction of the courts of North Carolina and agree. solely for such purpose, that the exclusive venue for any legal proceedings shall be Wake County, North Carolina. The place of this Program Agreement and all transactions and agreements relating to it, and their situs and forum, shall be Wake County, North Carolina , where all matters, whether sounding in Program Agreement or tort, relating to the validity , construction , interpretation , and enforcement shall be determined. Assignment: No assignment of the Sponsoring Agency's obligations or the Sponsoring Agency's right to receive payment hereunder shall be permitted . However, upon written request approved by the issuing purchasing authority, DPS may : (a) Forward the Sponsoring Agency's payment check(s) directly to any person or entity designated by the Program Manager, or (b) Include any person or entity designated by Sponsoring Agency as a joint payee on the Sponsoring Agency's payment check(s). In no event shall such approval and action obligate DPS or County Government to anyone other than the Sponsoring Agency and the Sponsoring Agency shall remain responsible for fulfillment of all Program Agreement obligations. Beneficiaries: Except as herein specifically provided otherwise, this Program Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors. It is expressly understood and agreed that the enforcement of the terms and conditions of this Program Agreement , and all rights of action relating to such Form stru c tu re last re vi sed 12/20/201 3 De partme nt of Publi c Safety 071519 HCBOC Page 210 enforcement, shall be strictly reserved to DPS , the County Government, and the Sponsoring Agency. Nothing contained in this document shall give or allow any claim or right of action whatsoever by any other third person . It is the express intention of DPS and County Government that any such person or entity , other than DPS or the County Government, or the Sponsoring Agency receiving services or benefits under this Program Agreement shall be deemed an incidental beneficiary only. Property Rights Intellectual Property -All deliverable items produced pursuant to this Program Agreement are the exclusive property of DPS . The Sponsoring Agency shall not assert a claim of copyright or other property interest in such deliverables. Physical Property -the Sponsoring Agency agrees that it shall be responsible for the proper custody and care of any property purchased for or furnished to it for use in connection with the performance of this Program Agreement and will reimburse DPS for loss of, or damage to , such property. At the termination of this Program Agreement, the Sponsoring Agency, County Government, and JCPC shall follow the guidelines for disposition of property set forth in Administrative Code and JCPC policy. Reference: 148 NCAC 118.011 O; JCPC Policy 9. Fiscal Accounting and Budgeting: Final Accounting Process Disbursements and Internal Controls Reversion of Unexpended Funds Any remaining unexpended JCPC funds DPS disbursed to the County for the Sponsoring Agency must be refunded/ reverted back to DPS at the close of fiscal year or upon termination of this Agreement. Accountability for Funds Audit Requirement -Local Government or Public Authority Requirements Local Government or Public Authorities in accordance with N .C .G.S . §159-34 must have an audit performed in conformity with generally accepted auditing standards . The audit shall evaluate the performance of a unit of local government or public authority with regard to compliance with all applicable Federal and State agency regulations. This audit, combined with the audit of financial accounts , shall be deemed to be the single audit described by the "Federal Single Audit Act of 1984". Audit Requirement -Non-Governmental Entities: An audit, when required by law, or requested by the County or DPS shall be performed in conformity with generally accepted auditing standards and audits of non-governmental entities , both for-profit and not-for-profit, and must meet the requirements of 0MB Circular A-133 . At a minimum , the required report shall include the financial statements prepared in accordance with generally accepted accounting principles, all disclosures in the public interest required by law, and the auditor's opinion and comments relating to financial statements. The audit report must be submitted to the State Auditor's office as required by law, to the County and DPS , and to other recipients as appropriate within nine (9) months after the end of your program's fiscal year. Oversight Form struc tur e la st revis ed 12/20/201 3 Departme nt of Public Safety 071519 HCBOC Page 211 Access to Persons and Records : The State Auditor shall have access to persons and records as a result of all Program Agreements entered into by State agencies or political subdivisions in accordance with N.C .G .S. §147-64.7 . Add itionally, as the State funding authority, DPS shall have access to persons and records as a result of all Program Agreements entered into by State agencies or political subdivisions. Record Retention: Records shall not be destroyed, purged or disposed of without the express written consent of DPS . State basic records retention policy requires all records to be retained for a minimum of five years or until all audit ex ceptions have been resolved , whichev er is longer. If the Program Agreement is subject to Federal policy and regulations , record retention may be longer than five years since records must be retained for a period of three years following submission of the final Federal Financial Status Report, if applicable, or three years following the submission of a revised final Federal Financial Status Report. Also, if any litigation, claim , negotiation, audit , disallowance action , or other action involving this Program Agreement has been started before expiration of the five-year retent ion period described above, the records must be retained until completion of the action and resolution of all issues which arise from it , or until the end of the regular five-year period described above , whichever is later. No Overdue Tax Debt -Not for profit organizations ONLY will comply with this section. Form must be attached to the Program Agreement upon submission. The Sponsoring Agency shall be responsible for the payment of all State, local , and Federal taxes. Consistent with N. C.G.S . § 143C-6-23 (c), not for profit organizations shall file with DPS and the County a written statement completed by that Sponsoring Agency's board of directors or other governing body, stating whether or not the Sponsoring Agency has any overdue tax debts, as defined by N.C.G.S. 105-243.1 , at the Federal , State, or local level. This written statement, Certification of No Overdue Ta x Debts, shall be completed by the Sponsoring Agency and attached to the Program Agreement upon submission . Conflict of Interest -Not for profit organizations ONLY will comply with this section. Form must be attached to the Program Agreement upon submiss ion. Consistent with the N.C .G.S . §143C-6-23 (b), not for profit organizations shall file with DPS and the County a copy of that Sponsoring Agency's policy addressing conflicts of interest that may arise involving the Sponsoring Agency 's management employees and the members of its board of directors or other governing body. The policy shall address situations in which any of these individuals may directly or indirectly benefit, except as the Sponsoring Agency's employees or members of its board or other governing body, from the Sponsoring Agency's disbursing of State funds and shall include actions to be taken by the Sponsoring Agency or the individual , or both to avoid conflicts of interest and the appearance of impropriety. The policy shall be filed before the County or DPS may disburse any funds . The Sponsoring Agency shall also complete the DPS Conflict of Interest Policy Statement (Form DPS 13 001) and attach the statement and the Sponsoring Agency's policy addressing conflicts of interest to the JCPC Program Agreement upon submission. Amendment: This Agreement may not be amended orally or by performance. Any amendment must be requested by the Sponsoring Agency through submission of a JCPC Program Agreement Revision and ex ecuted by duly authorized representatives of DPS, the County Government, JCPC and Sponsoring Agency. Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this Program Fonn stru cture last rev ised 12/20/2013 Department of Pub lic S afety 071519 HCBOC Page 212 Agreement violates any applicable law, each such provision or requirement shall cont inue to be enforced to the extent it is not in violation of law or is not otherwise unenforceable and all other provisions and requirements of th is Program Agreement shall remain in full force and effect. Termination for Cause: If, through any cause , the Sponsoring Agency shall fa il to fulfill its obligations under this Program Agreement in a timely and proper manner, DPS shall have the right to terminate this Program Agreement by giving written notice to the Sponsoring Agency and specifying the effect ive date thereof. In that event, all finished or unfinished deliverable items prepared by the Sponsoring Agency under this Program Agreement shall, at the option of DPS, become its property and the Sponsoring Agency shall be entitled to receive j ust and equitable compensation for any satisfactory work completed on such materials , minus any payment or compensation previously made. Notwithstanding the foregoing provision, the Sponsoring Agency shall not be relieved of liability to DPS for damages sustained by DPS by virtue of the Sponsoring Agency's breach of this agreement, and DPS may w ithhold any payment due the Sponsoring Agency for the purpose of setoff until such time as the exact am9unt of damages due DPS from such breach can be determined . The filing of a petition fo r bankr uptcy by the Sponsoring Agency shall be an act of default under this Program Agreement. Termination without Cause: DPS , the County Government. or the Sponsoring Agency may term inate this Agreement at any time and without cause by giving at least thirty (30) days advance written notice to the other. If this Program Agreement is terminated by DPS as provided herein , the Sponsoring Agency shall be reimbursed on a pro rata basis for services satisfactorily provided to DPS under this Program Agreement prior to Program Agreement termination. Waiver of Default: Waiver by DPS of any default or breach in compl iance with the terms of this Program Agreement by the Sponsoring Agency shall not be deemed a waiver of any subsequent default or breach and shall not be construed to be modification of the terms of this Program Agreement unless stated to be such in writing , signed by an authorized representative of DPS , County Government, the JCPC and the Sponsoring Agency and attached to the Program Agreement. Force Majeure: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile fore ign action, nuclear explosion, riot , strikes , civil insurrection , earthquake, hurricane, tornado , or other catastrophic natural event or act of God. Survival of Promises: All promises , requirements , terms , conditions , provisions , representations , guarantees, and warranties contained herein shall survive the Program Agreement expiration or termination date unless specifically provided otherwise herein , or unless superseded by applicable Federal or State statutes of limitation . Fonn s tru cture last revised 12/20/201 3 Departm ent o f Publi c Safety END OF SECTION V -Terms of Agreement 071519 HCBOC Page 213 SECTION VI : BUDGET NARRATIVE (SKIP) School Kids In Power Item# Justification 120 One Instructor -$13.00 hr., 30 hours a week, 48 weeks excluding holidays 120 One Instructor -$11.00 hr., 24 hours a week, 48 weeks excluding holidays 120 Administrative Assistant for paperwork 120 After-school Coordinator 180 FICA for two Instructors at 7.65% each 180 Workmans Comp for two instructors at 3% each 180 Unemployment for two instructors at 3% each 230 Instructor Training for Two Instructors to attend at $457.50 each 260 Office Supplies for two instructors (Paper, pens, pencils , binders, staplers/staples , books etc.) TOTAL Job Title Instructor -Working with youth on homework, tutoring, enrichment classes to in clude college and career. Instructor -Working with Juvenile Court and Counselors, reporting on grant, Working with youth on homework , tutoring , enrichment classes to include college and career. Administrative Assistant -Prepares reports, submits reports , tracks students , collects time sheets After-school Coordinator -Monitors Program for success , develops programs to implement, supervises staff, recruits volunteers, reports on program TOTAL Form JCPC/PA 001 J CPC Pro gram Agreement Form stru cture last revi sed 12/3 1/20 12 Department of Public Safety Fiscal Year FY 19-20 Expense In Kind Expense $18,720 $12,672 $3,600 $9,152 $2,402 $1,209 $1 ,014 $915 $277 $39,600 $10,361 Annual Expense Annual In Kind Wages Wages $12,672 $18 ,720 $3,600 $9 ,152 $34,992 $9,152 071519 HCBOC Page 214 SECT ION VII Program : (SKI P) School Ki ds In Power Fiscal Year: FY 19-20 I. Personnel Services 120 Salari es & W ages 180 Fringe Benefits 190 Professi onal Services' *Contract s MU ST be attached II . Supplies & Materials 210 Household & Cleaning 220 Food & Provisions 2 30 Education & Medic al 24 0 Construction & Repair 250 Vehicle Supplies & Materials 260 Office Supplies and Material s 280 Heating & Utility Supplies 290 Other Supplies and Materials Ill. Current Obligations & Services 310 T ravel & T ransportation 320 Communic ations 330 Utilities 340 Printing & Binding 350 Repairs & Maintenance 370 Advertising 380 Data Processing 390 Other Servi ces IV. Fixed Charges & Other Expenses 41 O Rental or Real Property 430 Equipment Rental 440 Service and Main!. Contracts 450 Insurance & Bonding 490 Other Fixed C harges V. Capital Outlay [This Section Requires Cash Match] 5 10 Offi ce Furniture & Equipment 530 Educational Equipment 540 Motor Vehicle 550 Other Equipment 580 Buildings, Structure & l mprov. lrotal Form JC PC /PA 00 1 JC PC Progr am A gr eem ent F onn struc ture last revi sed 12/31/201 2 D ep artment of Public Saf et y Cas h $38,408 $34,992 $3,416 $1,192 $915 $277 $39,600 Number of Months : 12 In Ki nd Total $10,361 $48,769 $9,152 $44 ,144 $1 ,209 $4 ,625 $0 $1 ,192 $0 $0 $915 $0 $0 $277 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $10,361 $49,9611 071519 HCBOC Page 215 ~ I SECTION VIII I SOURCES OF PROGRAM REVENUE (ALL SOURCES) FY 19-20 Harnett County Funding ID: 543 -XXXX Sponsoring Agency : Dunn Police Athletic & Activities League, inc. Program: (SKIP) School Kids In Power $36 ,000 DPS/JCPC Funds • This is the amount approved in your application 10% Local Match Rate Is the Local Match Rate 10%, 20% or 30%? County Cash $3 ,600 Local Cash Dunn PAL -{Administrative Ass istant portion paid by Dunn PAL) Local Cash $10 ,361 Local In-Kind Dunn PAL -One Staff {After-school/Summer Coordinator paid by Dunn PAL) Other Other Other Other $49 ,961 TOTAL $3 ,600 Required Local Match Authorizing Official , Department of Public Safety The following signature certifies that this program agreement has been locally approved by the Board of County Commi.s's~ ' Chair, County Board of Commissioners or County Finance Director The following sig11a1ure certifies !hat !his program agreement has been locally approved by the Juvenile Crime Prevemion Council. Program Manager Fo nn JCPC/P A 00 I JCPC Program Agreement Fonn stru ct ure la s t revised 12/31 /2012 D epartm ent of Public Safety (Specify Source) (Specify Source) (Sp ecify Source) (Specify Source) (Sp ecify Source) (Specify Source) (Sp ecify Source) (Specify Source) $13 ,961 Match Provided Date J Date Date 071519 HCBOC Page 216 071519 HCBOC Page 217 Agenda Item SN Board Meeting Agenda Item TO: HARNETT COUNTY BOARD OF COMMISSION ERS SUBJECT: HRW Chemical Bid Awards for FY 2020 REQUESTED BY: Steve Ward, Director REQUEST : Thi s is a fo rma l r equ est for th e Board to award the chemical s uppl y contracts for HR W fo r FY 2019-20. Attached i s a bid tab spreadsh eet and recommendation letter for yo ur re view. Please pl ace thi s item on the consent agenda at the next avail able meeti ng. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: \\hc!ilea\Puuscrs\s ward \My Documents\Chemicals\Chmical Award Agenda Req uest FY 20.docx I of I Page 071519 HCBOC Page 218 June 5, 2019 Steve, I would like to make the following recommendations for chemical vendors for the Harnett County Regional Water and Wastwater Treatment Plants for the fiscal year July 1, 2019 to June 30, 2020 for presentation to the Board of Commissioners for their approval. Chemical Name Shipment Method Supplier Price Item #1 Fluorosilicic Acid Tanker Truck Load Univar USA Inc. $0.79/ dry lb. Item #2 Aluminum Sulfate Tanker Truck Load C & S Chemicals Inc. $258.95/ dry ton Item #3a Sodium Hypochlorite 15% Tanker Truck Load Oltrin Solutions Inc. $0.536/ lb. Cl2 Item #3b Sodium Hypochlorite 12% Tanker Truck Load Oltrin Solutions Inc. $0.600/ lb. Cl2 Item #4 Sodium Chlorite Tanker Truck Load Evoqua Water Tech. $0.5469/ wet lb. Item #Sa Caustic Soda 50% Tanker Truck Load Univar USA Inc. $476.00/ dry ton Item #Sa Caustic Soda 50% Less Than Tanker Load Brenntag Mid-South Inc. $2.226/ gallon Item #Sb Caustic Soda 25% Less Than Tanker Load Brenntag Mid-south Inc. $1.9712/ gallon Item #6 93% Sulfuric Acid Tanker Truck Load Southern States Chemical $0.082/wet lb. Item #7 Aqueous Ammonia Tanker Truck Load Univar USA Inc. $0.47 I dry lb. Item #8 Copper Sulfate SO lb.bags Chemrite Inc. $1.55/ lb. Item #9 PAC (Carbon) Tanker Truck Load Donau Carbon US LLC $ 0.7385/ lb. Item #10 AquaMag Tanker Truck Load Amerochem Corporation $ 0.6308/wet lb. Item #11 Calcium Nitrate Tetra Less Than Tanker Load Cape Fear Water Solutions $1.699/ per gal. Item #12 Lime Slurry Tanker Truck Load Polytec Inc. $ 0 .053/wet lb. Item #13 Captor (DeChlor-C} By 330 gal. Tote Tank Water Guard, Inc. $4.92/ gallon Item# 14 15% Hydrochloric Acid Tanker Truck Load Water Guard, Inc. $0.071/ wet lb. Item # 14 15% Hydrochloric Acid Less Than Tanker Load Water Guard, Inc. $0.0779/ wet lb. All Chemical Suppliers above are the lowest bids except for Item #1 Fluorosilicic Acid, Item #10 Aqua Mag and Item #12 Lime Slurry. Item #1 Choosing Fluorosilicic Acid supplier of NSF product with better certificate of analysis that has lower byproducts. Item #10 Amerochem is the North Carolina sole source distributor for Carus that makes the corrosion inhibitor AquaMag. Both the Water and Wastewater Treatment Plants use item #12 Lime Slurry. This chemical has an equipment supply clause for tanks with 071519 HCBOC Page 219 mixers, dosage feed pumps and timed flushing systems. The Water and Wastewater Facilities wish to continue with Polytec, based on great customer service and to avoid process issues with equ ipment switch out with only a thousandth of a cent difference in pricing. The Bid Tabulation Sheets have highlighted in blue whom we would like to award the Chemical Supply contract to for that item. {2/L ty~ Allan O'Briant Harnett County Water Plant Supervisor 071519 HCBOC Page 220 071519 HCBOC Page 221 071519 HCBOC Page 222 071519 HCBOC Page 223 Harnet t ~--=-... _. ... C O U N T Y ~~~~~-NORTH CAROLINA Agenda Item 50 RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS IN SUPPORT OF Application for NC Department of Commerce Project Ace WHEREAS , Harnett County Board of Commissioners had indicated its desire to assist in economic development efforts for business and industry within Harnett County; and, WHEREAS, the Board fully supports the proposed project by Krigen Pharmaceuticals , LLC which will result in the renovation of a local facility located at 800 Edwards Brothers Drive, Lillington, NC 27546 and will create a minimum of 117 new jobs for Harnett County; and , WHEREAS, the Board wished to pursue a formal application for Building Reuse funds in the amount of $500,000 from the North Carolina Department of Commerce; and, WHEREAS, the Board certifies it will provide the match required of $25,000 and will meet all other requirements of the North Carolina Department of Commerce, www.harn ett.org NOW, THEREFORE BE IT RESOVED, by the Harnett County Board of Commissioners, that Harnett County is authorized to submit a formal application to the North Carolina Department of Commerce in order to provide assistance to benefit Krigen Pharmaceuticals, LLC. That this Resolution shall take effect immediately upon its adoption. Adopted this the 29th day of April, 2019. stro ng roo t s • new gro wt h 071519 HCBOC Page 224 NORTH CAROLINA HARNETT COUNTY Agenda Item SP RESOLUTION THAT WHEREAS, Krigen Pharmaceuticals LLC, a North Carolina Limited Liability Company (Krigen) has announced its intent to establish and operate a pharmaceutical parenteral manufacturing facility to be located at 800 Edwards Brothers Drive in the Town of Lillington, Hamett County, NC; and WHEREAS , Krigen has requested that Harnett County provide certain economic development incentives to Krigen which will assist said company in establishing its pharmaceutical parenteral manufacturing facility in Hamett County which will provide a greater tax base, create jobs and increase economic activity for the benefit of the County's citizens; and WHEREAS, pursuant to the provisions of the Local Development Act, N.C. General Statutes § 158-7.1, prior to awarding economic development incentives, the Hamett County Board of Commissioners shall hold a public hearing in order to obtain public comment concerning the proposed appropriation of any economic incentives to an app lic ant business/industry; it is the desire of the Board of Commissioners through thi s Resolution to direct the scheduling of said public hearing. NOW THEREFORE, BE IT RESOLVED by the Hamett County Board of Commissioners that the Hamett County Staff is hereby directed to schedule a public h earing to be conducted at the regular meeting of the Board on Monday, June 17, 2019, at 6:00 PM concerning a proposal to extend economic incentives to Krigen for its proposed location and operation of a pharmaceutical parenteral manufacturing facility in Harnett County. BE IT FURTHER RESOLVED that proper notice of this public hearing be forwarded to all proper parties and published pursuant to N.C. General Statutes§ 158-7.1. This the 3rd day of June, 2019. FHARNETT 071519 HCBOC Page 225 Board Meeting Agenda Item Agenda Item 50 MEETING DA TE: July 15, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Town of Angier Building Inspection Services Agreement Contract Renewal REQUESTED BY: Development Services, Mark Locklear REQUEST: Requests approval for an updated renewal of the Building Inspection Services Agreement Contract for the Town of Angier. Changes made to contract was the amount per fiscal year going from $28,000.00 to $38 ,000.00. Term of Contract: July 1, 2019 -June 30, 2021 FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\User s\gwheeler\AppData\Local\Microsoft\W indows\INetCache\Content.Outlook\OZMK66X9 \CC agenda form_2019 .do cx Page I of I 071519 HCBOC Page 226 STATE OF NORTH CAROLINA BUILDING INSPECTION SERVICES AGREEMENT COUNTY OF HARNETT This Agreement is made and entered into as of this the I st day of July 2019 by and between the County of Hamett, a body politic, organized and existing under the laws of the State of North Carolina (hereinafter referred to as "Hamett") and the Town of Angier, a municipal corporation, organized and existing under the laws of the State of North Carolina (hereinafter referred to as "Town"). WITNESSETH: WHEREAS, the Governing Bodies hereby find and declare that interlocal cooperation for building inspection services is a necessity in that such cooperation allows for increased uniformity in the enforcement of the North Carolina State Building Code, development of consistent goals and objectives, more efficient coordination, administration and delivery of inspection services; and that as a result the public health, safety, and welfare will be better served by the implementation of this Agreement. NOW THEREFORE, for and in consideration of sums to be paid as provided herein and the performance of the terms and conditions contained in this Agreement, the sufficiency of which is hereby acknowledged by both parties, said parties hereto agree as follows: Section 1. Purpose. The purpose of this Agreement is to provide cooperation for building inspection services and to provide for the administration necessary to effectuate that endeavor. Section 2. Definitions. The words defined in this section shall have the following meanings when used in this Agreement, unless otherwise defined or explained hereafter: A. "Applicable Codes" means the following portions of the N.C . State Building Code : Building, Accessibility, Plumbing, Mechanical, Electrical, Fuel Gas, Energy, Existing Buildings, and Residential Codes, and the North Carolina Administration and Enforcement Requirements Code. "Applicable Codes" do not include the Fire Prevention Code; local residential housing codes; and/or minimum housing codes; or general periodic inspections for purposes of condemnation of residential and non- residential structures. B. "County" shall mean the County of Harnett. C. "Inspections Department" means Harnett County Planning Services. The Inspections Department shall employ or contract with building inspectors certified by the State of 1 071519 HCBOC Page 227 North Carolina in the trades of Plumbing, Mechanical, Electrical, and General Building. D. "Building Inspection Services" includes review of building plans , issuing or denying permits, making necessary inspections including those involving condemnation, issuing or denying certificates of compliance, issuing orders to correct violations , and ensuring that records are kept, all according to the Applicable Codes and North Carolina General Statutes. E. "North Carolina State Building Code" means the current edition of the North Carolina Building Codes, as adopted by the North Carolina Building Code Council (which includes , by reference , the North Carolina Building, Accessibility, Plumbing, Mechanical, Electrical, Fire Prevention, Fuel Gas, Energy, Existing Buildings, and Residential Codes, and the North Carolina Administration and Enforcement Requirements Code). F. "Town" shall mean the Town of Angier. Section 3. Services Provided by Inspections Department. The Inspections Department shall provide to Town, Building Inspection Services for Applicable Codes in the territorial boundaries of the Town. The Inspections Department shall provide such management, planning, regulatory, and administrative and support services as are reasonably necessary to provide Building Inspection Services. Section 4. Compensation and Payment. Compensation for Building Inspections Services as provided pursuant to this Agreement shall be Thirty-Eight Thousand Dollars ($38,000.00) per fiscal year, paid by Town to County through a schedule of quarterly payments of Nine Thousand Five Hundred Dollars ($9,500.00). Nine Thousand Five Hundred Dollars ($9,500 .00) with payments commencing on July 15, and continuing on October 15, January 15 , and April 15, of the then existing fiscal year; or in one lump sum payment of$ 38,000.00 to be paid not later than July 30 of the then existing fiscal year. All documentation and fees for Building Inspection Services shall be collected by Town. Section 5. Legal Representation and Liability. The Town Attorney shall provide legal support and representation for Town for all enforcement actions taken by the Inspections Department on behalf of Town on issues arising from enforcement actions taken within and on behalf of Town 's jurisdiction by the Inspections Department. To the fullest extent allowable by North Carolina law, County shall have no liability regarding such enforcement actions and Town shall hold County harmless for any and all claims , liabilities, losses, damages , costs, or expenses arising out of, or relating to the provision of services provided by County to Town hereunder, except for those acts caused by the sole negligence of County. Town and County waive special, incidental, indirect, or consequential damages, including lost profits , good will, revenues or savings, for claims, disputes or other matters in question arising out of or relating to this Agreement. This limitation of liability will survive the expiration or termination of this Agreement. 2 071519 HCBOC Page 228 Section 6. Term of Agreement, Amendment and Termination. The term of this Agreement is July 1, 2019 to June 30, 2021. This Agreement may be amended from time to time upon the mutual consent of Town and County expressed in writing. Either party may terminate this Agreement for any reason upon sixty (60) days written notice to the other party. Termination shall not relieve Town of financial obligations incurred prior to termination . Section 7. Documents and Records. Town shall furnish or cause to be furnished to Inspections Department all such reports, data, studies, plans, specifications, documents, or other information deemed necessary by Inspections Department for proper performance of County's services. County may rely upon the documents so provided in performing the services required under this Agreement; provided however, County assumes no responsibility or liability for their accuracy. Section 8. No Third-Party Beneficiary. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either Party. Section 9. Severance Clause. In the event any provision of tms Agreement is adjudged to be not enforceable or found invalid, such provision shall be stricken and the remaining provisions shall be valid and enforceable. Section 10. Entire Agreement. This Agreement represents the entire agreement between County and Town and supersedes all prior negotiations, representations, or agreements, either written or oral. Tms Agreement may only be amended by written instrument signed by County and Town. Section 11. Notices. All notices or other communications wmch shall be made pursuant hereto shall be in writing and shall be deemed to be given and received (a) when hand delivered to the address stated below, (b) three (3) days after being mailed to the address stated below, postage prepaid by certified or registered mail of the United States, return receipt requested to the address set forth below: TO: Town of Angier Physical Address: 55 N. Broad Street W Angier, North Carolina 27501 Mailing: P.O. Box 278 Angier, North Carolina 27501 Attn: Town Manager TO: County of Harnett Physical Address: 420 McKinney Parkway Lillington, North Carolina 27546 3 071519 HCBOC Page 229 Mailing Address: Post Office Box 759 Lillington, North Carolina 27546 Attn: County Manager With Copy to: County Staff Attorney Physical Address: 420 McKinney Parkway Lillington, North Carolina 27546 Mailing Address: Post Office Box 238 Lillington, North Carolina 27546 Either party to this Agreement may change its designated person or designated address at any time and from time to time by giving notice of such change to the other party in the manner set forth above. Section 12. Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of North Carolina. The North Carolina State Courts located in Hamett County, North Carolina shall have jurisdiction to hear any dispute under this Agreement and legal or equitable proceedings by either party must be filed in Hamett County, North Carolina. IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives or officers have executed this Agreement as to the date and year first above written. (The remainder of this page left blank intentionally) 4 071519 HCBOC Page 230 COUNTY OF HARNETT By: Gordon Springle, Chairman ATTEST: Margaret Regina Wheeler, Clerk TOWN OF ANGIER By: Lewis Weatherspoon, Mayor ATTEST: Veronica Hardaway, Clerk This instrument has been pre-audited in the manner required by the Local Government Budget & Fiscal Control Act. Gerald D. Vincent, Town Manager zcn m-:D C, mz 5 071519 HCBOC Page 231 STATE OF NORTH CAROLINA COUNTY OF HARNETT I, , a Notary Public, of the County and State aforesaid, certify that Gordon Springle, who being by me duly sworn, says that he is Chairman of the Board of Commissioners of Harnett County, and that Margaret Regina Wheeler is Clerk of said Board, that the seal affixed to the foregoing and attested instrument is the seal of Harnett County, North Carolina, and that said instrument was signed by him as Chairman of the Board of Commissioners of said County and by the Clerk of said Board, who affixed the official seal of Hamett County to said instrument; and that the said Gordon Springle, Chairman of the Board of Commissioners, acknowledged said instrument to be the act and deed of Harnett County, North Carolina. Witness my hand and Notarial Seal, this the ___ day of _____ , 2019. Notary Public Notary Public Printed Name My Commission Expires: ______ _ 6 071519 HCBOC Page 232 NORTH CAROLINA COUNTY OF HARNETI I, , a Notary Public of the County and State aforesaid, certify Lew Weatherspoon personally came before me this day and acknowledged that he is Mayor of the Town of Angier, a municipal corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Mayor, sealed with its corporate seal and attested by as its Town Clerk. Witness my hand and official stamp or seal, this ___ day of _____ ~ 2019. Notary Public Notary Public Printed Name My Commission Expires: ______ _ 7 071519 HCBOC Page 233 TELEPHONE 910-892-8199 FACSIMILE 910-892-5487 via email: gwheeler@harnett.org Ms. Margaret Regina Wheeler Harnett County Manager's Office P. 0. Box 759 Lillington, NC 27546 DWIGHT W. SNOW ATTORNEY AT LAW 302 W . EDGERTON STREET DUNN. NORTH CAROLINA 28334 July 8, 2019 A ge nda Item ----5R MAILING ADDRESS P. 0 . BOX 397 DUNN. NC 28335 email:dwig h1snow@nc .rr.com Re: Proposed action by Harnett County Board of Commissioners to convey County owned real property to Erwin Memorial Park, Incorporated, a North Carolina nonprofit corporation Dear Gina: As you are aware, a Resolution was adopted by the Harnett County Board of Commissioners at it s regular meeting on June 17, 2019 which authorized the conveyance of certain County owned real property to Erwin Memorial Park, Inc. which is a North Carolina nonprofit corporation. Pursuant to North Carolina General Statute § 160A-267, a Notice summarizing the contents of the Resolution was published in The Daily Record newspaper on June 20, 2019_ More than 10 days has elapsed since the publication of the above referenced Notice and pursuant to the General Statute, the County Commissioners may now go forward in consummating the real property conveyance to Erwin Memorial Park, Incorporated. Attached you will find a North Carolina Special Warranty Deed which would fulfill the intent of the Harnett County Board of Commissioners in its June 17, 2019 Resolution to convey with conditional restrictions the 1.14 acre tract owned by the County to Erwin Memorial Park, Incorporated. I would propose that this North Carolina Special Warranty Deed be placed on the Consent Agenda for the Board's consideration and final approval at its regular meeting on July 15, 2019. If you should have any questions in reference to the above listed information or proposed Special Warranty Deed, then please do not hesitate to call me. DWS:lp Encs . Sincerely yours, »~ptU.J~ Dwight W. Snow Harnett County Attorney 071519 HCBOC Page 234 Prepared by & return to: Attorney Dwight W. Snow, P. 0. Box 397, Dunn, NC 28334 EXCISE TAX: 0 OUT OF PID # 060586 0266 03 NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED, made this day of July, 2019, by and between COUNTY OF HARNETT, a body politic and political subdivision of the State of North Carolina, P.O. Box 759 , Lillington, NC 27546, hereinafter called GRANTOR, and ERWIN MEMORIAL PARK, INCORPORATED, a North Carolina non-profit corporation of P.O . Box 637, Erwin, NC 28339, hereinafter called GRANTEE. The designation Grantor and Grantee as used herein shall include said parties and their succes sors and assigns. WITN E SS ETH: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which i s hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Town of Erwin, Duke Township, Hamett County, North Carolina and more particularly described as follows: BEING all of Tract 2 composed of 1.14 acres as shown on that map entitled, "Recombination Survey for: Erwin Memorial Park" dated November 12, 2014 by Andrew H . Joyner, PLS which is recorded in Map Book 2014, Page 354, Hamett County Registry. The above de scribed tract is a portion of that real property conveyed to the County of Harnett designated as Tract II in that deed from the Town of Erwin recorded in Book 2590, Page 723 , Harnett County Registry. 071519 HCBOC Page 235 All or a portion of the property herein conveyed does not include the primary residence of the Grantor(N.C. Gen. Stat. §105-317.2). TO HA VE AND TO HOLD the aforesaid lot or parcel of land and all privileges thereto belonging to the Grantee, its successors and assigns, in fee simple determinable. This conveyance is made upon the following conditions, covenants and restrictions: a. Grantee shall use the parcel for the continued purposes of ingress and egress and public utilities to the Erwin Memorial Park Cemetery. b. Grantee shall insure that the ingress/egress road and the abutting property is properly maintained. c. Grantor reserves a perpetual, non-exclusive easement over said parcel for ingress, egress and public utilities access to the Water Plant and Hamett County Department of Public Utilities water reservoir and any other buildings or property owned by the County of Harnett. d. Grantee shall not build or permit any structure, trees or other obstructions that may endanger, impede access to or conflict with Grantor 's easement. e. The fee simple interest of Grantee shall terminate if at any time the Grantee fails to meet conditions (a)-( d) above, or ceases to use the property for ingress and egress to the Erwin Memorial Park Cemetery. In such event, the parcel shall revert in ownership to the County of Harnett, and the County of Harnett has the right to immediately re-enter upon said premises and take and hold possession of said premises without let or hindrance. And Grantor covenants with Grantee that Granter has done nothing to impair such title as Grantor received, and Grantor will warrant and defend title against the lawful claims of all persons claiming by, through, under or on account of Gran tor except for those easements, rights-of-way, any ad valorem property taxes currently assessed, and other rights applicable to the property as are visible by inspection or study or appears of record in the Harnett County Public Registry. This conveyance is made pursuant to the provisions ofN.C. General Statutes§ l 60A-279 and § l 60A-267. A Resolution authorizing this conveyance was adopted by the Harnett County Board of Commissioners at its regular meeting on June 17, 2019. A notice summarizing the Resolution contents was published in The Daily Record newspaper on June 20, 2019 with this conveyance being consummated over ten days after the publication date. 2 071519 HCBOC Page 236 EXECUTED on the date set forth in the acknowledgment attached hereto pursuant to an action of the Hamett County Board of Commissioners. (SEAL) ATTEST : Margaret Regina Wheeler , Clerk of the Hamett County Board of Commissioners COUNTY OF HARNETT By:----------------- Gordon Springle , Chairman of the Hamett County Board of Commissioners 3 071519 HCBOC Page 237 NORTH CAROLINA HARNETT COUNTY I, a Notary Public, certify that Gordon Springle personally came before me this day who being by me duly sworn, deposes and says that he is the Chairman of the Hamett County Board of Commissioners and Margaret Regina Wheeler is the Clerk of said Board, that the seal affixed to the foregoing instrument is the official seal of Harnett County, that said instrument was signed by him, attested by said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners of said County, and the said Gordon Springle acknowledged said instrument to be the act and deed of Hamett County. Witness my hand and official stamp or seal , this day of July, 2019. Notary Public My commission expires: 4 071519 HCBOC Page 238 TELEPHONE 9!0-892-8199 FACSIMILE 910-892·5487 via email: gwheeler@ hamett.org Ms. Margaret Regina Wheeler Harnett County Manager's Office P. 0. Box 759 Lillington, NC 27546 DWIGHT W . SNOW ATIORNEY AT LAW 302 W. EDG ERTO N STREET DUNN, NORTH CAROLINA 28334 July 8, 2019 Agenda Item 5S MAILING ADDRESS P. 0 BOX 397 DUNN, NC 28335 email dw ightsnow@ nc rr com Re : Conveyance of real property to the Trustees of Harnett Chapel Freewill Baptist Church pursuant to a Joint Resolution by the Harnett County Board of Commissioners and the City of Dunn Council Dear Gina: As you are aware, pursuant to the provisions of North Carolina General Statute §160A-269, the Harnett County Board of Commissioners adopted the above referenced Joint Resolution at its r egular meeting on June 17 , 2019. The same resolution was adopted by the City of Dunn C ouncil at it s regular meeting on June 11, 2019. Pursuant to the Resolution adopted by Hamett County and the City of Dunn as co-owners of the subject real property, the Harnett County staff was directed t o prepare the necessary documentation in order to go forward with the negotiated offer, advertisement and upset bid procedure as outlined by the General Statutes. The Notice by Harnett County and the City o f Dunn to Sell Real Property With Invitation For Upset Bids was published in the Daily Record newspaper on June 20, 2019. To date, no upset bids on this proposed real property sale have been submitted to your office. Attached you will find a proposed North Carolina Special Warranty Deed to be considered and approved by the Board of Commissioners in conjunction with the City of Dunn Council. I would propose that this Special Warranty Deed be placed on the Board's July 15, 2019 regular meeting consent agenda for its consideration and final approval. In the meantime, I will also forward thi s Deed to the City of Dunn Attorney for the City of Dunn Council 's consideration. If you have any questions to the above listed information or Deed, please do not hesitate t o call me . DWS:lp Encs. Sincerely yours, JJ~;v-01 ~ Dwight W. Snow Harnett County Attorney 071519 HCBOC Page 239 Prepared by & return to: Attorney Dwight W. Snow, P. 0. Box 397, Dunn, NC 28335 EXCISE TAX: None (Exempt per N.C. General Statutes § 105-228.28) Parcel ID No.: 02151608470027 NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED, made this __ day of July, 2019 by and between the COUNTY OF HARNETT, a body politic and political subdivision of the State of North Carolina, of P.O. Box 759, Lillington, NC 27546, and the CITY OF DUNN, a North Carolina Municipal Corporation, hereinafter called GRANTORS, and the TRUSTEES OF HARNETT CHAPEL FREEWILL BAPTIST CHURCH, of 715 East Edgerton Street, Dunn, NC 28334, hereinafter called GRANTEE. The designation Granter and Grantee as used herein shall include said parties and their successors and assigns. W IT N E S S E T H: That the Granters, for a valuable consideration of Five Thousand Two Hundred and Fifty Dollars ($5,250.00) paid by the Grantee, the receipt of which is hereby acknowledged, have and by these presents do grant, bargain, sell and convey unto the Grantee in fee simple, all of those certain lots or parcels of land situated in the City of Dunn, A verasboro Township, Hamett County, North Carolina and more particularly described as follows: BEING all of Lot Nos. 7 and 8 in Block "2" in the subdivision of the R.M. Warren property, lying and being on the North side of the extension of the East Edgerton Street according to a certain map or plat made by D. L. Farmer, Surveyor, dated January, 1924, and is recorded in the office of the Register of Deeds of Hamett County in Map Book 3, Page 3 I. Each of said lots being 25 feet by 150 feet in size. The above described lots are a portion of the real property c onveyed to the County of Hamett and the Town of Dunn in that deed dated March 8, 1939 and recorded in Book 247, Page 332, Hamett County Registry. 071519 HCBOC Page 240 All or a portion of the property herein conveyed does not include the primary residence of either Granter. (N.C. Gen . Stat. §105-317.2). TO HA VE AND TO HOLD the aforesaid lots or parcels of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantors covenant with the Grantee, that Granters have done nothing to impair such title as Granters received, and Grantors will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantors, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. General utility easements of record. 2. Roadways and rights of way of record and those visible by inspection of the premises. 3. Such facts as an environmental study of the subject property by an environmental engineer would reveal. 4. Such facts that would be revealed by a recent as built survey on the subject tract by a registered land surveyor. 5. Such facts that are revealed by that survey map recorded in Map Book 3, Page 31 , Harnett County Registry. This conveyance is made pursuant to the provisions of N.C. General Statutes§ 160A-269. A Resolution authorizing this conveyance was unanimously adopted by the Harnett County Board of Commissioners at its regu lar meeting on June 17, 2019. The same Resolution was unanimously adopted by the City of Dunn Council at its regular meeting on June 11, 2019. A notice summarizing the Resolution contents was published in The Daily Record newspaper on June 20, 2019 and no upset bids were received within the 10 day upset bid period. EXECUTED on the date set forth in the acknowledgments attached hereto pursuant to separate actions of the Harnett County Board of Commissioners and the City of Dunn Council. 2 071519 HCBOC Page 241 (SEAL) ATTEST: Margaret Regina Wheeler, Clerk of the Harnett County Board of Commissioners NORTH CAROLINA HARNETT COUNTY COUNTY OF HARNETT By: ____________ _ Gordon Springle, Chairman of the Harnett County Board of Commissioners I, a Notary Public, certify that Gordon Springle personally came before me this day who being by me duly sworn, deposes and says that he is the Chairman of the Harnett County Board of Commissioners and Margaret Regina Wheeler is the Clerk of said Board, that the seal affixed to the foregoing instrument is the official seal of Harnett County, that said instrument was signed by him, attested by said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners of said County, and the said Gordon Springle acknowledged said instrument to be the act and deed of Harnett County. Witness my hand and official stamp or seal, this 4th day of March, 2019. Notary Public My commission expires: 3 071519 HCBOC Page 242 (S EAL) ATTEST: Tammy Williams, City Clerk NORTH CAROLINA HARNETT COUNTY CITY OF DUNN a North Carolina Municipal Corporation By: ___________ _ Oscar N. Harris, Mayor I, a Notary Public, certify that Tammy Williams personally came before me this day and acknowledged that she is City Clerk for the City of Dunn, a North Carolina Municipal Corporation, and that by authority duly given and as the act of said municipality, the foregoing instrument was signed in its name by its Mayor, Oscar N . Harris, sealed with its corporate seal and attested by her as its Clerk. Witness my hand and notarial seal, this the __ day of July, 2019. Notary Public My commission expires: 4 071519 HCBOC Page 243 Board Meeting Agenda Item Agenda Item ST MEETING DATE: July 15, 2019 TO: HARNETT COUNTY BOARD OF COMM ISSIONERS SUBJECT: Request for waiver of tipping fees associated with Shawtown Community Cleanup REQUESTED BY: Administration and Solid Waste REQUEST: Harnett County Administration and Solid Waste requ ests a waiver chipping fees associated with Shawtown Community Cleanup scheduled July 19 -21, 2019. FINANCE OFFICER'S RECOMMENDATION : COUNTY MANAGER'S RECOMMENDATION: P:\BOC\age nd aform 20 19.docx Page I of I 071519 HCBOC Page 244 APPLICATION PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY Approved Date : Agenda Item _S_U __ County: Harnett County Contact Person: Dr. Aaron Flem ing LEA : 043 Title : Superintendent Address : 1008 S 11th Street, Lillington 27546 Phone: (9 10) 893-8151 --------------- Project Title: Debt Service Location : Overhills Elem , Coats Elem Gym , Overhills HS and Lillington/Shawtown Elementary Type of Facility: Schools and gym construction North Carolina General Statutes . Chapter 18C. provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Build ing Capital Fund in accordance with G .S. 115C-546.2. Further, G.S. 115C-546.2 (d) has been amended to include the following : (3) No county shall have to provide matching funds ... (4) A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects. (5) A county may not use monies in this Fund to pay for school technology needs. As used in this section, "Public School Buildings" shall include only facilities for individual schools that are used for instructional and related purposes, and does not include central administration . maintenance. or other facilities. Applications must be submitted within one year following the date of final payment to the Contractor or Vendor. Short description of Construction Project: Retire a portion of debt for the COPS 2015 (2007) schools/gym and the COPS 2011 (2002) Refunding for Overhills HS/Lillington Shawtown Eleme ntary. Estim ated Costs: Purchase of Land -----------$ _________ _ Planning and Design Services ------ New Constru ction ----------- Additions I Renovations --------- Repair -------------- Debt Payment/ Bond Payment ______ _ 3,952,051.00 TOTAL $ 3,952,051 .00 ---------------------- Estimated Project Beginning Date: _____ _ Est. Project Completion Date: ------- We . the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above project, and request release of $ 1,021 ,528.00 from th e Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the parameters of G.S . 115C-546. (Date) Form Date: July 01, 2011 071519 HCBOC Page 245 HARNETT COUNTY, NORTH CAROLINA NOTES TO THE BASIC FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2018 I. Long-Term Obligations Insta llment purchase s financed by the governmental funds are repaid from the resources of the General Fund. The installm ent purchases, general obligation bonds, state bonds, and revenue bonds issued to finance the construction of facilitie s utilized in the operations of the water and sewer system and which are being retired by resources from us ers are reported as long-term debt in the enterprise funds. All bonds are collateralized by the full faith , credit, and taxing power of the district in which the obligations originate. Principal and intere st requirements are appropriated when due. Governmental Installment Purchase Agreements : 20 15 Refinancin g of Agr icul ture Cent er 2015 HFT C Land Acquisition COPS 2011 Refunding (2002) Issue Date August 20 15 August 2015 97% Con struction of School Fa cilities November 20 I I 3% Public Ut ilit ies P rojects COPS 2007 May 2007 53% Jail Facil it y 4 2% Con st ructi on o f Sch ool Fac ilities 5% Solid Wast e Transfer Station Partial Refunding of COPS 2000 20 16 Refin ancing of COPS 2009 Schoo l Construction 20 IO Refinancing Angier El ementary School COPS2015 Refundin g(2 007 ) 53% Jail Facility 42% Construction o f School Facilities 5% Solid Waste Transfer Stat ion Qualified Zon e Academ y Bonds Qualified Zone A cademy Bonds Qua lified School April 20 16 November 2010 April 2015 May 2004 October 2005 s Original Issue J ,274 ,000 4,664 ,000 24 ,033 ,690 743 ,3 10 23,220,225 18,279,775 2,000 ,000 4 ,765 ,000 31,080,000 14.004,000 16,279,246 12 ,815 ,593 1,402,16 1 4,000,000 789,500 Interest Rate 1.49% 2.42% 2.535% 4%-5% 2.20% 3.35% 2.52% 2 .52% 2 .5 2% 0.00% 0.00 % Final Maturity June 2020 J\UJC 2025 Decembe r 2023 Decembe r 2023 December 2027 J une 2029 June 2028 December 2027 Dec ember 202 7 December 2027 May 2020 October 202 I Construction Bonds (Taxable) Qualified Zone A cademy Bonds Total November 2 0 12 29,435,000 4 .638% November 2035 May 20 I 6 2,200,000 0.00% May 2026 S I 90,985,500 51 Amount Outstanding G overnmental Business-Type $ 494 ,000 $ 3 ,263 ,000 I 1,688 ,500 25 ,908,000 7,725,000 15,680,346 12,344,080 1,230,942 303 ,03 1 28,270,299 1,760,000 36 I ,500 I ,350,575 $ 108,667,198 $ 1,7 12 ,075 ===== 071519 HCBOC Page 246 Harnett (Al=~~~~ .::.C _:O:........=U:.......:...:.N _T:......:.Y ____________________________ F_in_a_n_ce ~~~-~ NORTH CAROLINA November 9, 2018 Harnett County Finance P.O. Box 760 Lillington, NC 27546 Bill to: Harnett County Board of Education P.O. Box 1029 Lillington, NC 27546 Quantity Description Lottery Revenue For partial funding to cover debt service for: COPS 2015 (2007) Interest -schools/gym Principal -schools/gym COPS 2011 (2002) Refunding $ $ $ (Overhills High School & Lillington /S hawtown Elementary) Interest $ Principal $ $ Please make checks payable to: Harnett County S:\Kimberl y\lnvoices \Board of Ed ucation -Lonery strong roots· new growth Invoice No: OlBOE Unit Price Amount $1,021,528 294,324 1,329,172 1,623,496 270,215 2,058,340 2,328,555 $1,021,528 Please Pay This Amount www.harnett.org PO Box 760 420 McKinney Parkway Lillirg,on plr 910-893-7557 fax : 910 893-3445 071519 HCBOC Page 247 Applications for funding APP3 Applications for funding must be prepared and submitted on the form provided. See http ://www.schoolclea rin ghou se.org/otherinf /ADM Fund /A pp li cat ionA DM. pdf for the 'ADM ' form (the original PSBCF application); the Lottery application form may be found at http://www.schoolclea ringhou se .org / otherinf /ADM Fund/Appl icatio n Lottery . pdf. The application forms are self-explanatory, but if additional clarification is needed, please i nquire at School Planning as indicated. The "Contact Person " (upper-right corner of the form) should be someone (LEA or county) knowledgeable about the project, or someone who can direct questions to the appropriate person . The applications must be signed by the Chairpersons of both the Board of Education and of the County Commission, indicating a 'meeting of the minds' regarding the appropri ateness of this proposed use of funds. It should be noted that the chairpersons are 1. Requesting release of a specific amount of money (in the blank, three lines above their signature), which may be the same or less than the total project costs listed in the middle of the form, and 2. Agreeing to submit a final report upon completion of the project. Applications without both signatures will not be considered. Applications may be submitted by mail, by fax, or by email. If t r ansmittal by electronic methods result s in a less -than-legible product, an original (paper) app li cation will be required . Applications are accumulated throughout the month and are processed all together on the 25t h of each month, although in some months (e .g ., June and December) the deadline may be earlier, and will be announced annually . Capital projects funding will be transferred into the county disbursing account by the first or second working day of the follow ing month; technology funding is transferred into the LEA account at PRC 015 on the ne xt scheduled allotment date . Upon approval of the funding, a memorandum showing the project title and allocation amount will be faxed to the finance officers of the county and of the LEA. The signed application forms are retained by School Planning . The county and the LEA should retai n copies for their files. 18 071519 HCBOC Page 248 Board Meeting Agenda Item Agenda Item 5V MEETING DATE: July 15, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Mid-Carolina Area Agency on Aging 2019-20 In-Home and Community Care Block Grant Funding REQUESTED BY: John Rouse, Health Director REQUEST: The Hamett County Division on Aging requests approval to accept $722 ,464 in funding provided through the Home Care and Community Block grant and Agreement for the Provision of County-Based Aging Services . FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: P :\B OC\agendafonn2 0 I 9 .d ocx Page I of I 071519 HCBOC Page 249 c!ffi{io-Qlarolina ~r.ea ~g£n~ on ~ging 130 Gillespie Street• Post Office Drawer 1510 • Telephone (910) 323-4191 • Fax (910) 323-9330 Fayetteville, North Carolina 28302 June 18, 2019 Ms. Paula Stewart Harnett County Manager P.O. Box 759 Lillington, NC 27546 Dear Ms. Stewart: The Hamett County Home and Community Care Block Grant funding for FY 2019-2020 is $722,464. Hamett County has received an increase of$10,247; the Committee is recommending these funds be allocated to the following services: Adult Day Health Care; $5,600 and In-Home Aide $4,647. You will find enclosed: Lead Agency Designation, DAAS-730 County Services Summary, DAAS-731 Provider Services Summary, DAAS-732 (6 -one for each provider) Agreement for the Provision of County-Based Aging Services, DAAS-735 The County Summary and the County Agreement require the signature of the Chairman of the Board of Commissioners. The Provider Summaries need the signature of the Chairman and the County Finance Officer. If you have any questions, please call me. Thank you, Enclosures "PROGRESS THROUGH INTERGOVERNMENTAL COOPERATION" 071519 HCBOC Page 250 DAAS -730 (Rev. 2/16) Home and Community Care Block Grant for Older Adults County Funding Plan Identification of Agency or Office with Lead Responsibility for County Funding Plan County: Harnett July 1, 2019 through June 30, 2020 The agency or office with lead respo nsibility for planning and coordinating the County Funding Plan recommend s thi s funding plan to the Board of Commissioners as a coordinated means to utilize community-based re so urces in the delivery of comprehens ive aging services to older adults and their families. Mid-Carolina Area Agency on Aging (Name of agency/office with lead responsibility Tracy Honeycutt, Aging Director (Type name and title of signatory agent) 071519 HCBOC Page 251 DAAS-731 (Rev. 2/16) Home and Community Care Block Grant for Older Adults Count~: HARNETT County Funding Plan July 1, 2018 through June 30, 2019 County Services Summary I Revision# , 2018 I A B C D E F G H I Projected Projected Projected Projected Block Grant Fundin Required Net USDA Total HCCBG Reimbursemen HCCBG Total Services Access In-Home Other Total Local Match Service Cost Subsidy Fundina Units Rate Clients Units Adult Dav Health 23617 \\\\\\\\\\\\ 2624 26241 26241 590 44.4763 3 590 In-home Aide, LV1 105535 \\\\\\\\\\\\ 11726 117261 117261 5842 20.0737 33 5849 ln-hame Aide, LV2 136161 \\\\\\\\\\\\ 15129 151290 151290 7883 19.1915 33 7891 In-home Aide, LV2-DSS 19225 \\\\\\\\\\\\ 2136 21361 21361 1473 14.5000 1473 Nutrition-Conareaate 77000 \\\\\\\\\\\\ 8556 85556 12000 97556 15320 5.5848 70 16000 Nutrition-Home Del Meals 235849 \\\\\\\\\\\\ 26205 262054 38014 300068 49961 5.2452 182 50685 Senior Center Operations* 15678 \\\\\\\\\\\\ 1742 17420 17420 Transoortation-General 26696 \\\\\\\\\\\\ 2966 29662 29662 2197 13.5000 30 5027 Transoortation-Medical 82702 \\\\\\\\\\\\ 9189 91891 91891 3910 23.5000 30 4418 \\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\ 0 0 0 Total 109398 284538 328527 722463 80274 802736 50014 852750 87176 \\\\\\\\\\\\\\ 381 91933 *Senior Center Operations Coats Senior Center 7839 871 8710 Dunn Senior Activities Center 7839 871 8710 Signature, Chairman, Board of Commissioners Date 071519 HCBOC Page 252 NAME AND ADDRESS llome and Community Care Block Grant for Older Adults COMMUNITY SERVICE PROVIDER DAAS-732 (Rev. 2/16) Coats Senior Center County Funding Plan County: Harnett PO Box 366 July 1, 2019 through June 30, 2020 Coats , NC 27521 Provider Services Summary REVISION# ,DATE: A B C D E F G H I Ser. Delivery Projected Projected Projected Projected (Check One) Block Grant Funding Required Net• NSIP Total I-ICCBG Reimburse HCCBG Total Services Direcc Purch Access In-Home Other Total Local Match Serv Cost Subsidy Funding Units Rate Clients Units Sr. Centr Operations 7839 \\\\\\\\\\\\\\\\\\ 871 8710 8710 \\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\\ 0 0 0 Total \\\\\\\ \\\\\\\ 0 0 7839 7839 871 8710 0 8710 0 \\\\\\\\\\\\\\ 0 0 *Adult Day Care & Adult Day Health Care Net Service Cost ADC ADHC 'fl&~,111~ S,j(/,/9 Daily Care Cenification of required minimum local match availability. Transponation Required local match will be expended simultaneously Authorized Signature, '#tie Date Administrative EJrrL l1hv rAw/1-fi-2[),1 Community Service Provider Net Ser. Cost Total ~"~ Sign~c. County Fo1ancc Officer t Date Signature, Chairman, Board of Commissioners ... \ . . . "'-~ . ., . ~-·' .... .,,.-:. . . 071519 HCBOC Page 253 0 • ·--•-•••-• • • ••••• ,.,,, •• • •-• •·--·-•••-••-•,.••-•n•••''~•,----·~·~·~• -·-·-·-·-· ••··-••-••.,••••••••-,--,..,-,, ••-"·•••••-·•"-""'-"'"'"'"'-"•~r •··~• •-•··----··-·--••••••-••--•• ,,.,,,..,_,. •• NAME AND ADDRESS Rome and Community Care Block Grant for Older Adults COMMUNITY SERVICE PROVIDER DAAS-732 (Rev. 2116) CityofDunn County Funding Plan County: Harnett Dwm Senior Activities Center Julv 1. 2019 throu2h June 30, 2020 POBox1065 Provider Services Summary REV1S£ON# ,DATE: 512.,0 ~Ol'i Dunn, NC 28334 ' A B C D E F G H I Ser. Dclivay Projected Projected Pr.ojected Projected (ChookOm) Block Grant Fundine Required Net• NSIP Total • HCCBO Reimburse HCCBG Total Sc:rvices Direct Purth. Access In-Home Other Total Local Match ServCost Subsidy Fundine: Units Rate Cliaits Units Sr. Centr Operations 7839 \\\\\\ \\\\\\ \\\\\\ 871 8710 8710 \\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\ \\\\\\\\\\\ 0 0 0 \\\\\\\ \\\\\\\\\\\ 0 0 0 \ \\\\\\\\\\\\\\\\\ 0 0 0 \\\\ \\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\ \\\\\ 0 0 0 \\\\\\\\\\\\\\\\\\ 0 0 0 I\\\\\\\\\\\\\\\\\ 0 0 0 \\\\ \\\ \\\ \\\\\\\\ 0 0 0 \ \\ \\\\\\\ \\\\\\\\ 0 0 0 ; \\\\\\\\\\\\\\\\\\ 0 0 0 Total \\\\\\\ \\\\\\\ 0 0 7839 7839 871 8710 0 8710 0 \\\\\\\\\\\\\\ 0 0 •Adult Day Care & Adult Day Health Care Net Service Cost ~ AOC ADHC ~ wJ,i, .. t~~ 5/J~J I DailyCat"e Certification ofrequired minimum local match availability. Transportation Required local match will be expended simultaneously Authorized Signann-l Title Date Administrative KiI)fnio, ~7-5-11 Community Service Provider Net Ser. Cost Total .1111 Sign'afure, Cowrt>f nan~ Offi0 Date Signature, Chairman, Board of Commissioners Date 'Ill 071519 HCBOC Page 254 Home and Community Care Block Grant for Older Adults Harnett County Public Health/Division on Aging DAAS-732 County Funding Plan County: HARNETT 309 W Cornelius Harnett Blvd Budget Period: July2019 through June 2020 Lillington, NC 27546 Provider Services Summary Revision#: Date: A B C D E F G 1-1 I Serv. Delivery (Check One) Block Grant Funding Required Projected Projected Projected Local Net Service NS!P Total HCCBG Reimburse HCCBG Projected Services Direct Purchase Access In-Home Other Total Match Cost Subsidy Funding Units Rate* Clients Total Units In-Home Aide-Level I -Home Management $ $ 105,535 $ $ 105,535 $ 11.726 $ 117,261 $ $ 117,26[ 5,842 $ 20.0737 J 5,849 In-Home Aide-Leve! ll -Personal Care $ $ 136,161 $ $ 136,161 $ 15,129 $ 151,290 $ $ 151,290 7,883 $ 19.1915 .3J 7,891 Congregate Nutrition $ $ $ $ 77,000 $ 8,556 $ 85,556 $ 12,000 $ 97,556 15,320 $ 5.5848 7() 16,000 Home Delivered Meals $ $ 235,849 $ $ 235,849 $ 26,205 $ 262,054 $ 38,014 $ 300,068 49,961 $ 5.2452 i 50,685 0 $ $ $ $ $ $ $ $ $ 0 $ $ $ $ $ $ $ $ $ 0 $ $ $ $ $ $ $ $ $ 0 $ $ $ $ $ $ $ $ $ 0 $ $ $ $ $ $ $ $ $ 0 $ $ $ $ $ $ $ $ $ 0 $ $ $ $ $ $ $ $ $ 0 $ $ $ $ $ $ $ $ $ 0 $ $ $ $ $ $ $ $ $ 0 $ $. $ $ $ $ $ $ $ Total $ $ 477,545 $ 77,000 $ 554,545 $ 61,616 $ 616,161 $ 50,014 $ 666,175 79,005 80,425 • Adult Day Care & Adult Day Health Care Proj. Service CosURale ADC ADI-IC ()Iv Daily Care $33.07 $ 40.00 Certification of required minimum local match availability. Administrative Required local match will be expended simultaneously Authorized Signature, Title Date with Bl k Grant Funding. Community Service Provider Proj. Reimbursement Rate $33.07 $ 40.00 Administrative% 0.00% 0.00% ·5'-11 .... Date Signature, Chainnan, Board of Comm . . . 071519 HCBOC Page 255 Home and Community Care Block Grant for Older Adults Hamett County Department of Social Services DAAS-732 County Funding Plan County: HARNETT P.O. Box 760 Budget Period: July 2019 through June 2020 Lillington, NC 27546 Provider Services Summary Revision#: Date: A B C D E F G H I Serv. Delivery (Check One) Block Grant funding Required Projected Projected Projected Local Net Service NSIP Total HCCBG Reimburse HCCBG Projected Services Direct Purchase Access In-Home Other Total Match Cost Subsidy funding Units Rate* Clients Total Units In-Home Aide-Level n -Home Management X $ -$ 19,225 $ -$ 19,225 $ 2,136 $ 21,361 $ -$ 21,361 1,473 $ 14.5000 1,473 0 $ -$ -$ -$ -$ -$ -$ -$ --$ --0 $ -$ -$ -$ -$ -$ -$ -$ --$ --0 $ -$ -$ -$ -$ -$ -$ -$ --$ --0 $ -$ -$ -$ -$ -$ -$ -$ --$ --0 $ -$ -$ -$ -$ -$ -$ -$ --$ --0 $ -$ -$ -$ -$ -$ -$ -$ - -$ --0 $ -$ -$ -$ -$ -$ -$ -$ - -$ -. 0 $ -$ -$ -$ -$ -$ -$ -$ . . $ --0 $ -$ -$ -$ . $ -$ -$ -$ - -$ . -0 $ -$ -$ -$ -$ -$ -$ -$ --$ --0 $ -$ -$ -$ -$ -$ -$ -$ --$ --0 $ -$ -$ -$ -$ -$ -$ -$ --$ --0 $ -$ -$ -$ -$ -$ -$ -$ --$ --Total ~111$ -$ 19,225 $ -$ 19,225 $ 2,136 $ 21,361 $ -$ 21,361 1,473 -1,473 * Adult Day Care & Adult Day Health Care Proj. Service Cost/Rate ADC ADHC ~ ~ 'i __ -I/ ID$.$ 5-/;lyg Daily Care $33.07 $ 40.00 Certification of required minimum local match availability. Administrative Required local match will be expended simultaneously Authorized Signature. Title { /Date., :1::i:• ;r; 1h, ,1@&,i 7-ri -I q Community Service Provider Proj. Reimbursement Rate $33.07 $ 40.00 Administrative% 0.00% 0.00% SignaMe, County Ff nee Officer a Date Signature. Chairman. Board of Commissioners Date 071519 HCBOC Page 256 NAME AND ADDRESS Home and Community Care Block Grant for Older Adults COMMUNITY SERVICE PROVIDER DAAS-732 (Rev. 2/16) Hamett Area Rural Transit System County Funding Plan County: HARNETI 250 Alexander Drive July 1, 2019 through June 30, 2020 Lillington, NC 27546 Provider Services Summary REVISION# ,DATE: A B C D E F G H I Ser. Delivery Projected Projected Projected Projected (Check One) Block Grant Funding Required Net* NSIP Total HCCBG Reimburse HCCBG Total Services Direct Purch. Access In-Home Other Total Local Matd ServCost Subsidy Funding Units Rate Clients Units MEDICAL X 82702 \\\\\\\\\\\\\\\\\\ 9189 91891 91891 3910 23.5 30 4418 GENERAL X 26696 \\\\\\\\\\\\\\\\\ 2966 29662 29662 2197 13.5 30 5027 \\\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\\ 0 0 0 \\\\\\\\\\\\\\\\\\ 0 0 0 Total \\\\\\\ \\\\\\\ 109398 0 0 109398 · 12155 121553 0 121553 6107 \\\\\\\\\\\\\\ 60 9445 *Adult Day Care & Adult Day Health Care Net Service Cost u~ ADC ADHC Daily Care Certification of required minimum local match availability. ..:5/t 7 /J? Transportation Required local match will be expended simultaneously Authorized Signature, Title Date Administrative ~--l;:]lht,. rn,d75.1q Community Service Provider Net Ser. Cost Total ( !'•:l Sig~ture, County ~nance Officer G Date Signature, Chairman, Board of Commissioners Date .,. 071519 HCBOC Page 257 Homeand Ccrnmunlty Care Block Grant for Olde-Adults Walk By Feith Adult He:ith & Day care DAAS-732 County Funding Plan County: HARNETT 1004 W. Broa:J SlrEE1 Budge Ptrtod: lJly 2019 through .Ame2020 Dunn. NC 28334 Provider Services Summary R01tson#: Date: A B C D E F G H I Serv. Delivery (Check Ooo) Block Grant Fuooina Required A-cje::te:J A-cj s:;te:J A-cjroe:J Local N61 Sa-vice NSIP Total HCCBG Rambur-3"! HCCBG A-cjEC!e:J Se-vice, Direct Purchase A~ In-Home Other Total Match Cost ~bsidy Fundina Units Rate' Cil9'11S Tota Units Adult Dav Heil th X $ $ 23,617 $ $ 23.617 $ 2.624 $ 26,241 $ $ 26,241 590 $ 44.4763 3 590 0 $ $ . $ $ . $ $ . $ $ $ . 0 $ $ . $ $ $ . $ -$ $ . $ 0 $ $ . $ $ $ $ $ $ $ 0 $ . $ $ $ $ . $ $ $ $ 0 $ . $ $ $ $ . $ . $ . $ . -$ . 0 $ $ $ $ . $ $ $ . $ $ 0 $ . $ $ $ $ $ . $ $ $ -0 $ $ . $ $ . $ $ . $ $ $ . 0 $ . $ . $ $ . $ $ . $ $ $ . 0 $ . $ -$ $ $ . $ $ $ $ 0 $ $ $ $ $ $ $ $ . $ . 0 $ -$ . $ $ $ $ . $ $ . $ 0 $ $ . $ $ $ $ $ . $ $ Tota $ $ 23.617 $ $ 23,617 $ 2.624 $ 26.241 $ $ 26.241 590 3 590 • Adult Day Care& Adu II Day Hool th Care Proj. S8' vice Cog/Rate ~ , l__-5J 2Y1'"' ADC ADHC Daily care $33.07 s 40.00 Ortifl~ion of rEQutre:J minimum local match avalabillty. Administralve REQuirffi loca rnachw!II beexpe1de:J slrnullEl18'.lUSy AultuizM Signaure!Tllle I Datil tx:::e.:r1 ltn11 rr_n{g_,, Canmunlly Sa-viceA-ovidET A-cJ. Ra mbLI9m;nt Rae $33.07 $ 40.00 . . . . Administrative% 0.00% 0.00% o,~·1 Sg,a11.11;e, County Ftnag:eoffiar l Dae 9gnalure CharflliJ1. Bood of Comml.5iooos 071519 HCBOC Page 258 July 1, 2019 through June 30, 2020 Home and Community Care Block Grant for Older Adults Agreement for the Provision of County-Based Aging Services DAAS-735 (revised 2/16) This Agreement, entered into as of thi s 1 st day of July, 2019, by and between the County of Hamett (hereinafter referred to as the "County") and the Mid-Carolina Area Agency on Aging, (hereinafter referred to as the "Area Agency"). Witnesseth That: WHEREAS, the Area Agency and th e County agree to the terms and conditions for provision of aging services in connection with activities financed in part by Older Americans Act grant funds, provided to the Area Agency from the United States Department of Health and Human Services through the North Carolina Division of Aging and Adult Services (DAAS) and state appropriations made available to the Area Agency through the North Carolina Divi sion of Aging and Adult Services, as set forth in a) this document, b) the County Funding Plan, as reviewed by the Area Agency and the Division of Aging and Adult Services, c) the Division of Aging and Adult Services Home and Community Care Block Grant Procedures Manual for Community Service Providers, d) the Divi sion of Aging and Adult Services Service Standards Manual, Volumes I through IV, and , e) the Division of Aging and Adult Services Community Service Providers Monitoring Guidelines. NOW THEREFORE, in consideration of these premises, and mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: 1. As provided in the Area Plan, community service providers specified by the County to encourage maximum collocation and coordination of services for older persons are as follows: Harnett County Department of Public Health, Division on Aging l(a) The Co mmunity Service Provider(s), shall be those specified in the County Funding Plan on the Provider Services Summary format(s) (DAAS-732) for the period ending June 30 for the year stated above. 2. Availability of Funds. The terms set forth in this Agreement for payment are contingent upon the receipt of Home and Community Care Block Grant funding by the Area Agency. 3. Grant Administration. The grant administrator for the Area Agency shall be Tracy Honeycutt, Aging Director. The grant administrator for the County shall be the County Manager. 071519 HCBOC Page 259 4. 5. 6. DAAS-735 (revised 2/16) It is understood and agreed that the grant administrator for the County shall represent the County in the performance of this Agreement. The County shall notify the Area Agency in writing if the administrator changes during the grant period. Specific responsibilities of the grant administrator for the County are provided in paragraph seven (7) of this Agreement. Services authorized th.rough the County Funding Plan, as specified on the Provider Services Summary format(s) (DAAS-732) are to commence no later than July 1 of the state fiscal year and shall be undertaken and pursued in such sequence as to assure their expeditious completion. All services required hereunder shall be completed on or before the end of the Agreement period, June 30 of the state fiscal year. Assignability and Contracting. The County shall not assign all or any portion of its interest in this Agreement. Any purchase of services with Home and Community Care Block Grant for Older Adults funding shall be carried out in accordance with the procurement and contracting policy of the community services provider or, where applicable, the Area Agency, which does not conflict with procurement and contracting requirements contained in 45 CFR Part 75 , Subpart D-Post Federal Award Requirements, Procurement Standards. Federal funds shall not be awarded to any subreceipients who have been suspended or debarred by the Federal government. In addition, Federal funds may not be used to purchase goods or services costing over $100,000 from a vendor that has been suspended or debarred from Federal grant programs. Compensation and Payments to the County. The County shall be compensated for the work and services actually performed under this Agreement by payments to be made monthly by the Area Agency. Total reimbursement to the community service providers under this Agreement may not exceed the grand total of Block Grant funding, as specified on the Provider Services Summary format (DAAS-732). (a) Interim Payments to the County Upon receipt of a written request from the County, the Division of Aging and Adult Services, through the Area Agency, will provide the County Finance Officer with an interim payment equivalent to seventy percent (70%) of one-twelfth (I /12) of the County's Home and Community Care Block Grant allocation. (b) Reimbursement of Service Costs Reimbursement of service costs are carried out as provided in Section 3 of the N.C. Division of Aging and Adult Services Home and Community Care Block Grant Procedures Manual for Community Service Providers, revised February 17, 1997. c) Role of the Area Agency The Area Agency shall be responsible for disbursing Home and Community Care Block Grant Funding to Community Service Providers in accordance with procedures 2 071519 HCBOC Page 260 7. DAAS-735 (revised 2/16) specified in the N.C. Division of Aging and Adult Services Home and Community Care Block Grant Manual for Community Service Providers, revised February 17, 1997. (d) Payment of Administration on Aging Nutrition Services Incentive Program (NSlP) Subsidy NSIP subsidy for congregate and home delivered meals will be disbursed by the Division of Aging and Adult Services through the Area Agency to the County on a monthly basis, subject to the availability of funds as specified in Section 3 of the N.C. Division of Aging and Adult Services Home and Community Care Block Grant Procedures Manual for Community Services Providers, revised February 17, 1997. If through the US Department of Agriculture Area Agency on Aging Elections Project, the County elects to receive a portion of its USDA entitlement in the form of surplus commodity foods in lieu of cash, the Area Agency will notify the County in writing of its community valuation upon notification from the Division of Aging and Adult Services. The delivery of commodity and bonus foods is s ubject to availability. The County will not receive cash entitlement in lieu of commodities that are unavailable or undelivered during the Agreement period. Reallocation of Funds and Budget Revisions. Any reallocation of Block Grant funding between counties shall be voluntary on the part of the County and shall be effective only for the period of the Agreement. The reallocation of Block Grant funds between counties will not affect the allocation of future funding to the County. If during the performance period of the Agreement, the Area Agency determines that a portion of the Block Grant will not be expended, the grant administrator for the County shall be notified in writing by the Area Agency and given the opportunity to make funds available for reallocation to other counties in the Planning and Service Area or elsewhere in the state. The Area Agency may authorize community service providers to implement budget revisions which do not cause the County to fall below minimum budgeting requirements for access, in- home, congregate, and home delivered meals services, as specified in Division of Aging and Adult Services budget instructions issued to the County. If a budget revision will cause the County to fall below minimum budgeting requirements for any of the aforementioned services, as specified in Division of Aging and Adult Services budgeting instructions issued to the County, the grants administrator for the County shall obtain written approval for the revision from the Area Agency prior to implementation by the community service provider, so as to assure that regional minimum budgeting requirements for the aforementioned services will be met. Unless community services providers have been given the capacity to enter data into the Aging Resources Management System (ARMS), Area Agencies on Aging are responsible for entering 3 071519 HCBOC Page 261 8. 9. DAAS-735 (revised 2/16) amended service data into the Division of Aging and Adult Services Management Information System, as specified in the N.C. Division of Aging and Adult Services Home and Community Care Block Grant Procedures Manual for Community Service Providers, revised February 17 , 1997. Monitoring. This Agreement will be monitored to assure that services are being provided as stated in the Division of Aging and Adult Service Monitoring Policies and Procedures at http://www.ncdhhs.gov/aging/monitor/mpolicy.htm . The monitoring of services provided under this Agreement shall be carried out by the Area Agency on Aging in accordance with its Assessment Plan and as specified in Administrative Letter 12-08. As of July 1, 2012, DAAS Program Compliance Representatives (PCRs) are no longer monitoring HCCBG services provided through county departments of social services. Counties and community service providers will receive a written report of monitoring findings in accordance with procedures established in Section 308 oqhe AAA Policies and Procedures Manual (http://www.ncdhhs.gov/aging/monitor/mpolicy.htm). Any areas of non-compliance will be addressed in a written corrective action plan with the community service provider. Disputes and Appeals. Any dispute concerning a question of fact arising under this Agreement shall be identified to the designated grants administrator for the Area Agency. In accordance with Lead Regional Organization (LRO) policy, a written decision shall be promptly furnished to the designated grants administrator for the County. The decision of the LRO is final unless within twenty (20) days of receipt of such decision the Chairman of the Board of Commissioners furnishes a written request for appeal to the Director of the North Carolina Division of Aging and Adult Services, with a copy sent to the Area Agency. The request for appeal shall state the exact nature of the complaint. The Division of Aging and Adult Services will inform the Chairman of the Board of Commissioners of its appeal procedures and will inform the Area Agency that an appeal has been filed. Procedures thereafter will be determined by the appeals process of the Division of Aging and Adult Services. The state agency address is as follows: Director North Carolina Division of Aging and Adult Services 2101 Mail Service Center 693 Palmer Drive Raleigh, North Carolina 27699-2101 10. Termination for Cause. If through any cause, the County shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or the County has or shall violate any of the covenants, agreements, repre sentations or stipulations of this Agreement, the Area Agency 4 071519 HCBOC Page 262 DAAS-735 (revised 2/16) shall have the right to terminate this Agreement by giving the Chairman of the Board of Commissioners written notice of such termination no fewer than fifteen ( 15) days prior to the effecti ve date of termination. In such event, all finished documents and other materials collected or produced under this Agreement shall at the option of the Area Agency, become its property. The County shall be entitled to receive just and equitable compensation for any work satisfactorily performed under this Agreement. 11. Audit. The County agrees to have an annual independent audit in accordance with North Carolina General Statutes, North Carolina Local Government Commission requirements, Division of Aging and Adult Services Program Audit Guide for Aging Services and Federal Office of Budget and Management (0MB) Uniform Guidance 2 CFR Part 200. • Community service providers, as specified in paragraph one (1), who are not units of local government or otherwise subject to the audit and other reporting requirements of the Local Government Commission are subject to audit and fiscal reporting requirements , as stated in NC General Statute 143C-6-22 and 23 and 0MB Uniform Guidance CFR 2 Part 200, where applicable . Applicable community service providers must send a copy of their year-end financial statements, and any required audit, to the Area Agency on Aging. Home and Community Care Block Grant providers are not required to submit Activities and Accomplishments Reports. For-profit corporations are not subject to the requirements of 0MB Uniform Guidance 2 CFR Part 200 , but are subject to NC General Statute 143C-6-22 and 23 and Yellow Book audit requirements , where applicable. Federal funds may not be used to pay for a Single or Yellow Book audit unless it is a federal requirement. State funds will not be used to pay for a Single or Yellow Book audit if the provider receives less than $500,000 in state funds. The Department of Health and Human Services will provide confirmation of federal and state expenditures at the close of the state fiscal year. Information on audit and fiscal reporting requirements can be found at https ://www.ncgrants.gov/NCGrants/PublicReportsRegulations.jsp The following provides a summary ofreporting requirements under NCGS 143C-6-22 and 23 and 0MB Uniform Guidance 2 CFR Part 200 based upon funding received and expended during the service provider's fiscal year. Annual Expenditures Less than $25 ,000 in State or Federal funds Report Required to AAA Certification form and State Grants Compliance Re- porting <$2 5 ,000 (item # 11, Activities and Accomplishments does not have to be completed) OR Audited Financial Statements in 5 Allowable Cost for Reporting NIA 071519 HCBOC Page 263 • Greater than $25,000 and less that $500,000 in State Funds or $750,000 in Federal Funds • $500,000 + in State funds but Federal pass through in an amount less than $750,000 • $500,000+ in State funds and $750,000+ in Federal pass through funds • Less than $500,000 in State funds and $750,000+ in Federal pass through funds Compliance with GAO/GAS (i.e. Yellow Book) Certification form and Schedule of Grantee Receipts >$25,000 and Schedule of Receipts and Expendi- tures OR Audited Financial Statements in Compliance with GAO/GAS (i.e. Yellow Book) Audited Financial Statement in compliance with GAO/GAS (i.e. Yell ow Book) Audited Financial Statement in compliance with 0MB Uniform Guidance 2 CFR Part 200 (i.e. Single Audit) Audited Financial Statement in compliance with 0MB Uniform Guidance 2 CFR Part (i.e. Single Audit) N I A DAAS-735 ( revised 2/16) May use State funds, but not Federal Funds May use State and Federal funds May use Federal funds , but not State funds. 12. Audit/ Assessment Resolutions and Disallowed Cost. It is further understood that the community serv ice providers are responsible to the Area Agency for clarifying any audit exceptions that may arise from any Area Agency assess ment, county or community serv ice provider sing le or financial audit, or audits conducted by the State or Federal Governments. In the event that the Area Agency or the Department of Health and Human Services disallows any expenditure made by the community service provider for any reason, the County shall promptly repay such funds to the Area Agency once any final appeal is exhausted in accordance with paragraph nine (9). The only exceptions are if the Area Agency on Aging is designated as a community service provider through the County Funding Plan or, if as a part of a procurement process, the Area Agency on Aging enters into a contractual agreement for service provision with a provider which is in addition to the required County Funding Plan formats. In these exceptions, th e Area Agency is responsible for any disallowed costs. The County or Area 6 071519 HCBOC Page 264 DAAS-735 (revised 2/16) Agency on Aging can recoup any required payback from the community service provider in the event that payback is due to a community service provider's failure to meet 0MB Uniform Guidance CFR 2 Part 200, 45 CFR Part 1321 or state eligibility requirements as specified in policy. 13. Indemnity. To the extent permitted by law, the County agrees to indemnify and save harmless the Area Agency, its agents, and employees from and against any and all loss, cost, damages, expenses, and liability arising out of performance under this Agreement to the extent of errors or omissions of the County. 14. Equal Employment Opportunity and Americans With Disabilities Act Compliance. Both the County and community service providers, as identified in paragraph one (1 ), shall comply with all federal and state laws relating to equal employment opportunity and accommodation for disability. 15. Data to be Furnished to the County. All information which is existing, readily available to the Area Agency without cost and reasonably necessary, as determined by the Area Agency's staff, for the performance of this Agreement by the County shall be furnished to the County and community service providers without charge by the Area Agency. The Area Agency, its agents and employees, shall fully cooperate, with the County in the performance of the County's duties under this Agreement. 16. Rights in Documents, Materials and Data Produced. The County and community service providers agree that at the discretion of the Area Agency, all reports and other data prepared by or for it under the terms of this Agreement shall be delivered to , become and remain, the property of the Area Agency upon termination or completion of the work. Both the Area Agency and the County shall have the right to use same without restriction or limitation and without compensation to the other. For the purposes of this Agreement, "data" includes writings, sound recordings, or other graphic representations, and works of similar nature. No reports or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the County. 17. Interest of the Board of Commissioners. The Board of Commissioners covenants that neither the Board of Commissioners nor its agents or employees presently has an interest, nor shall acquire an interest, direct or indirect, which conflicts in any manner or degree with the performance of its service hereunder, or which would prevent, or tend to prevent, the satisfactory performance of the service hereunder in an impartial and unbiased manner. 18. Interest of Members of the Area Agency, Lead Regional Organization, and Others. No officer, member or employee of the Area Agency or Lead Regional Organization, and no public official of any local government which is affected in any way by the Project, who exercises any function or responsibilities in the review or approval of the Project or any component part 7 071519 HCBOC Page 265 19. 20. 21. 22. DAAS-735 (revised 2/16) thereof, shall participate in any decisions relating to this Agreement which affects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested; nor shall any such persons have any interest, direct or indirect, in this Agreement or the proceeds arising there from. Officials not to Benefit. No member of or delegate to the Congress of the United States of America, resident Commissioner or employee of the United States Government, shall be entitled to a;11y share or part of this Agreement or any benefits to arise here from. Prohibition Against Use of Funds to Influence Legislation. No part of any funds under this Agreement shall be used to pay the salary or expenses of any employee or agent acting on behalf of the County to engage in any activity designed to influence legislation or appropriations pending before Congress. Confidentiality and Security. Any client information received in connection with the performance of any function of a community service provider or its subcontractors under this Agreement shall be kept confidential. The community service provider acknowledges that in receiving, storing, processing, or otherwise handling any confidential information, the agency and any subcontractors will safeguard and not further disclose the information except as provided in this Agreement and accompanying documents. Record Retention and Disposition. All state and local government agencies, nongovernmental entities, and their subrecipients, including applicable vendors, that administer programs funded by federal sources passed through the NC DHHS and its divisions and offices are expected to maintain compliance with the NC DHHS record retention and disposition schedule and any agency-specific program schedules developed jointly with the NC Department of Cultural Resources, Division of Archives and Records. Retention requirements apply to the community service providers funded under this Agreement to provide Home and Community Care Block Grant services. Information on retention requirements is posted at http://www.ncdhhs.gov/control /retention/retention.htm and updated semi-annually by the NC DHHS Controller's Office. By funding source and state fiscal year, this schedule lists the earliest date that grant records in any format may be destroyed. The Division of Archives and Records provides information about destroying confidential data and authorized methods of record destruction (paper and electronic) at http://archives .ncdcr.gov/For- Government/Retention-Schedul es/ Aut hori zed-Des truction. The NC DHHS record retention schedule is based on federal and state regulations and pertains to the retention of all financial and programmatic records, supporting documents, statistical records, and all other records supporting the expenditure of a federal grant award. Records legally required for ongoing official proceedings, such as outstanding litigation, claims, audits, or other official actions, must be maintained for the duration of that action, notwithstanding the instructions of the NC DHHS record retention and disposition schedule. 8 071519 HCBOC Page 266 DAAS-735 ( revised 2/16) In addition to record retention requirements for records in any format , the long-term and/or permanent preservation of electronic records require additional commitment and active management by agencies. The community service provider will comply with all policies, standards, and best practices published by the Division of Aging and Adult Services regarding the creation and management of electronic records. 9 071519 HCBOC Page 267 DOA-735 (revised 5/15) (Paragraphs 21 & 22 added) This page will be utilized when the Area Agency is designated by County to write checks to community service providers. 23. Payment to Community Service Providers by the Area Agency on Aging. The County authorizes the Area Agency on Aging, in lieu of the County Finance Officer, to provide interium and reimbursement payments to community service providers as prescribed in paragraphs 6(a) and (c) of this Agreement. Services applicable to this authorization are as follows: Community Service Provider Harnett Co. Division on Aging Harnett Co. Dept. of Social Services Harnett Co. Dept. of Transportation Walk By Faith Adult Health & Day Care Coats Senior Center Dunn Senior Enrichment Center Service In-Home Aide Level I In-Home Aide Level II Congregate Nutrition Home Delivered Nutrition In-Home Aide Level II General Transportation Medical Transportation Adult Day Adult Day Health Senior Center Operations Senior Center Operations This authorization by the County shall be in compliance with requirements set forth in the North Carolina Budget and Fiscal Control Act. The County Finance Officer shall establish controls to account for the receipt and expenditure of Home and Community Care Block Grant Funds. 9(a) 071519 HCBOC Page 268 DAAS-735 ( revised 2/16) 24. Applicable Law. This Agreement is executed and is to be performed in the State of North Carolina, and all ques tions of interpretation and construction shall be construed by the laws of such State. In witness whereof, the Area Agency and the County have executed this Agreement as of the day first written above. Attest: Attest: Harnett County By: _______________ _ Chairman, Board of Commissioners Area Agency By: ~Jj~d) Executive Director, ~ Lead Regional Organization Provision for payment of the monies to fall due under this Agreement within the current fiscal year have been made by appropriation duly authorized as required by the Local Government Budget and Fiscal Control Act. BY: al Organization ·rHIS IN ST,,L l ,viE:N l HAS BEEN PREAUDITE D IN r!lE M/>,i'1NE R REOU IRElJ BY TH L Al. GOVERNME NT BUDGET A ·1s AL ,N OLAC 10 z en Ill -:II .:, ffl z 071519 HCBOC Page 269 Board Meeting Agenda Item Agenda Item SW MEETING DATE: July 15, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: NC Cardinal Memorandum of Agreement REQUESTED BY: Harnett County Public Library REQUEST: The Hamett County Public Library respectfully requests to continue our membership of the NC Cardinal consortium. This collaboration with the North Carolina State Library and other member libraries leverages federal and local funds to achieve operational efficiencies and savings for the library while providing more effective use of public resources. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: S:\staffdoc\Angela\LibraryDirector\contracts\agendaforrn2019-template.docx I of! Page 071519 HCBOC Page 270 State of North Carolina County of Wake Department of Natural and Cultural Resources State Library of North Carolina NC Cardinal Memorandum of Agreement Contract Number 2491 This Agreement is hereby made between the North Carolina Department of Natural and Cultural Resources, State Library of North Carolina , 109 East Jones Street, Raleigh , NC (hereinafter referred to as "Department") and the County of Harnett on behalf of the Harnett County Public Library, 601 South Main St, Lillington, NC 27546 (hereinafter referred to as "Library" and together, the "Parties"). WHEREAS, NC Cardinal is a project ofthe State Library of North Carolina conducted in partnership with North Carolina public libraries; WHEREAS , this collaboration leverages federal and local funds to achieve operational efficiencies and cost savings for public libraries and provide for more effective use of public resources ; WHEREAS , the use of a single, shared online catalog expan.ds resource sharing and cooperative services among public libraries and delivers faster access to a greater number and variety of resources for library patrons; NOW , THEREFORE, the Parties hereto, desiring to estab lish or renew their commitment to NC Cardinal upon the terms set forth below, do hereby agree as follows : I. Terms and Conditions While the Library retains autonomy over its local operations, part icipation in NC Cardinal requires collaboration in developing common policies and shared decision making . For acceptance into and continuing participation in NC Cardinal, the Library shall abide by the NC Card inal Bylaws (Attachment A) and adhere to the following terms and conditions : A. General Terms and Conditions 1) Comply with NC Cardinal policies, procedures, and protocols, including regulations approved by the State Library and policies of the NC Cardinal Governance Committee; 2) Connect to the network exclusively with equipment that is compatible with NC Cardinal ; 3) Support the development and implementation of electronic and physical del ivery of NC Cardinal materials and services to other members of NC Cardinal; 4) Provide in-person service s to patrons of all NC Cardinal libraries in the same manner as to the Library's own patrons and local re sidents; 5) Refrain from making internal policy changes that would adversely affect other NC Cardinal libraries; 6) Provide Library representation at NC Cardinal General Membership meetings; 7) Provide Library representation and service to committees, task forces, and forum s spon sored by the NC Cardinal Governance Committee; 8) Ensure Library personnel participation in appropriate training and continuing education programs; 9) Allow u se of the Library's name in NC Cardinal official documents and informational sites ; NC Card inal Memorandum of Agreement 2019-2020 Page 1 071519 HCBOC Page 271 10) Agree to and adhere to the GNU General Public License (GNU GPL) for Evergreen software, a copyleft license which ensures free software rights are preserved when the work is distributed; and 11) Make no changes to the Evergreen software code other than alterations of bibliographic holdings data. B. Data Terms and Conditions 1) Input, maintain, and share bibliographic holdings with all NC Cardinal libraries; 2) Comply with the NC Cardinal cataloging best practices and procedures for item and patron records prior to migrating data into NC Cardinal; 3) Input newly acquired holdings according to the Best Practices standards developed by the NC Cardinal Cataloging Committee and approved by the NC Cardinal Governance Committee; 4) Input, maintain, share, and keep patron records confidential according to applicable federal and State laws, including G.S. § 125-19 of the North Carolina General Statues; 5) Restrict the creation of data records and other cataloging-related activity in NC Cardinal to authorized and NC Cardinal certified personnel; 6) Enter accurate information for all NC Cardinal transactions and statistics; and 7) Adhere to the NC Cardinal membership policies as defined in Appendix A: Bylaws, Section 2, Membership. C. Lending and Resource Sharing Terms and Conditions 1) Lend Library materials to patrons of NC Cardinal libraries in the same manner as to the Library's own patrons and local residents. This does not preclude charging standard Interlibrary Loan (ILL) fees if the loan is transacted through ILL rather than in person; and 2) Begin sharing Library resources with other NC Cardina l libraries through the Resource Sharing within two (2) months of the Library's "Go -Live!" date. II. Governance Committee A. The Governance Committee provides guidance to the State Library of North Carolina in terms of communications, organizational structure, review of NC Cardinal Bylaws and Memoranda of Agreement, and the recommendation of cost sharing and common, consistent policies . B. The State Library has final decision -making authority for all matters pertaining to NC Cardinal and may override a recommendation of the Governance Committee that is determined to be: 1) detrimental to the majority of NC Cardinal libraries; 2) not cost-effective to implement; 3) adversely impacting NC Cardinal project management and support operations; or 4) negatively received by NC Cardinal's hosting vendor or the Evergreen Community at large. Ill. Financial Responsibilities -State Library of North Carolina A . NC Cardinal is a project of the State Library of North Caro lina, supported by grant funds from the Institute of Museum and Library Services under the provisions of the Federal Library Services and Technology Act. B. The Department will fund the migration costs associated with migrating from the Library's current Integrated Library System into the NC Cardinal Integrated Library System. The Department will also fund Branch Costs and Shared ILS Costs associated with Base Level Acces s for the Library's participation in NC Cardinal during the State Fiscal Year (July 1 -June 30) of the NC Cardinal Memorandum of Agreement 20 19-2020 Page 2 071519 HCBOC Page 272 Library's migration and one (1) additional State Fiscal Year. C. Base Level Access includes access to and use of the NC Cardinal Integrated Library System ((LS) software, hardware maintenance, hardware administration, database administration, Standard Internet Protocol (SIP) services, software upgrades, second-level system support, integral components, and tools related to the statewide resource sharing distribution system. D. The Department will fund and manage project administration for NC Cardinal. Project administration includes project oversight, project schedule development, vendor negotiations and contract administration, budget forecasting, migration management, development and maintenance of communications channels, and coordination of NC Cardinal Committees. E. The Department will fund and manage first-line software support for NC Cardinal. First-line support includes maintaining a help ticket system, providing remote and onsite assistance, training, and facilitating communications with second-level vendor support. F. The Department will fund and manage resource sharing services for NC Cardinal. Resource sharing services include delivery system administration, purchase and distribution of shipping supplies, training, vendor communications, and problem resolution . G. The Department retains final financial decision-making authority for all matters pertaining to the NC Cardinal Integrated Library System (ILS) and its users. H. The Department will not expend more than $1,219,770 in total State Fiscal Year 2019-2020 expenditures for NC Cardinal. IV. Financial Responsibilities -Participating Library A. During the State Fiscal Year (July 1-June 30) of the Library's migration (year one), the incoming Library shall incur no Branch Costs or Shared ILS Costs . The State Library of North Carolina shall cover the Library's portion of Branch Costs and Shared ILS Costs for the first full fiscal year following migration (year two). The Library shall fund its portion of Branch Costs and Shared ILS Costs for Base Level Access to the NC Cardinal ILS beginning with the third fiscal year of participation in NC Cardinal. B. Base Level Access includes access to and use of the NC Cardinal Integrated Library System (ILS) software, hardware maintenance, hardware administration, database administration, Standard Internet Protocol (SIP) services, software upgrades, second-level system support, integral components, and tools related to the statewide resource sharing distribution system. The Library's annual cost shall be calculated based upon the following formula : (# of Qualifying Branches * Cost per Bra nch) + (% of Active Items • Shared ILS Costs) C. Qualifying branches are those that incur an annual outlet fee by meeting the following criteria : 1) Open more than 18 hours per week 2) Store and circulate items to the general public 3) Act as a circulating branch as their primary responsibility NC Cardina l Memorandum of Agreement 2019-2020 Page 3 071519 HCBOC Page 273 D. Non-optional third-party services may be required to support the NC Cardinal ILS and may incur additional annual costs to the Library. Non-optional third party services must be agreed to by a two-thirds majority of all NC Cardinal libraries and approved by the State Library's NC Cardinal Program Manager. Written notification of the implementation of non-optional third party services shall be given to all NC Cardinal libraries on or before December 31st. The new service shall become effective July 1 of the following State Fiscal Year. The Library's annual third party service costs shall be calculated based upon the following formula: % of Active Items * Total Annual Service Cost E. The Library shall pay the combined total for its portion of Branch Costs and Shared ILS Costs, and third-party vendor service costs , if any, as detailed in Attachment B for the current State Fiscal Year. F. Optional third-party services that do not directly support NC Cardinal ILS maintenance may be added at the discretion of the Library. The Library shall not adopt optional third party services that may adversely affect other NC Cardinal libraries. G. The Library shall comply with the provisions of subscription agreements made by the Department on behalf of NC Cardinal libraries and shall accept responsibility only for the actions of the Library's own employees related to these agreements. V. Availability of Funds All terms and conditions of this Agreement are dependent upon and subject to the allocation of funds for the purposes set forth and the Agreement shall automatically terminate if funds cease to be available . VI. Withdrawal from NC Cardinal A. The Library shall have the right to discontinue participation in NC Cardinal by giving written notice on or before December 31 to the Department. The withdrawal shall be effective June 30 of the following State Fiscal Year. Upon completion of withdrawal, this Agreement shall be considered terminated . B. Notice shall be made only through written notice to the State Librarian at the following address : State Library of North Carolina 4640 Mail Service Center Raleigh, NC 27699-4600 C. In the event of withdrawal, the Library shall: 1) lose all rights and benefits to NC Cardinal service delivery and governance; 2) have their patrons withdrawn from NC Cardinal resource sharing, delivery sy stems, and cooperative fine and fee processes; 3) have sole responsibility for replacement of all services provided through NC Cardinal and the Department's subscription agreements; 4) have sole responsibility for notifying third party software vendors of the Library's effective date of withdrawal from NC Cardinal; 5) pay the cost to remove the Library's complete policy set, circulation rules , hold policies, library settings, staff accounts, item records, and patron records from NC Cardinal at the current rate of its hosting vendor; N C Ca rd inal Memorandum of Agreeme nt 2019-2020 Pa ge 4 071519 HCBOC Page 274 6) not be required to return LSTA grant monies so long as the Library is in full compliance of grant requirements; and 7) not receive a refund for any portion of annual Branch Costs and Shared ILS Costs or third- party vendor costs paid by the Library. D. In the event of withdrawal, the Department shall : 1) discontinue NC Cardinal funding and services for the Library on the designated termination date; and 2) provide up to two (2) data export files of the Library's bibliographic, item, patron, and circulation data at no cost to the Library. VII. Default A. A violation of any provision, policy, or requirement that is not corrected by the Library within sixty (60) days after written notice by the Department will constitute default under the terms of this Agreement. B. If default occurs, the Department may terminate the Library's participation in NC Cardinal by sending written notice of termination to the Library. The t ermination shall be effective on June 30 of the following State Fiscal Year. C. Upon receiving notice of termination from the Department, the Library shall proceed with withdrawal from NC Cardinal pursuant to Section VI above. VIII. Modification/ Amendment of Agreement Thi s Agreement may be amended at any time upon written agreement of the Parties . IX. Term and Termination of Agreement A. This Agreement shall be effective upon final signature of the Parties and shall end on June 301h of the ne xt calendar year, unless sooner terminated as set forth in Section s VI or VII above. The Library and the Department may, either by amendment to this Agreement pursuant to Section VIII above or by approval of a new Agreement, extend the term annually by July 1 for each subsequent State Fiscal Year. B. If the term of this Agreement is not extended and no succes sor agreement is to be executed upon the expiration of the term of this Agreement, the Library shall immediately proceed with withdrawal from NC Cardinal pursuant to Section VI above . Upon completion of withdrawal, this Agreement shall be considered terminated . X. Agreement Documents A. This Agreement shall consi st of the following documents in order of preceden ce : 1) Amendments to this Agreement, if any; 2) Thi s Agreem e nt; 3) Attachment A : NC Cardinal Bylaws 4) Atta chment B: NC Cardinal Annual Costs by Library B. In the event of a conflict between or among the terms of the Agreement Documents, the term in the Agreement Document with the highest precedence shall prevail. Amendments to the Agreement, if any, shall have the highest precedence, the Agreement shall have the second highe st precedence, and Attachments the third highest precedence. These documents shall N C Card inal Me morandum of Agreement 20 19-2020 Page 5 071519 HCBOC Page 275 constitute the entire agreement between the Parties and supersede all other prior oral or written agreements. XI. Severability If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential terms and conditions of this Agreement for each party remain valid , binding, and enforceable. XII . Governing Law This Ag r eement shall be construed in accordance with the laws of the State of North Carolina. XIII. Notices All notices issued under this Agreement shall be reduced to writing and a signed original document shall be sent to the Agreement Administrator. Administrator of the Agreement for the Department: The Agreement Admin istrators are the persons to whom all required notices shall be given and to whom all matters relating to the administration or interpretation of this Memorandum of Agreement shall be addressed. The Library shall designate a single Agreement Administrator, who shall be the Library's primary contact with the Department for all issues regarding this Contract. The Contractor shall identify its initial Contract Administrator in its proposal and shall confirm the name, title, address, telephone number, facsimile number, and email address of its Contractor Administrator within 5 business days after the Effective Date of the Contract. The Library's Contract Administrator shall be available by phone, facsimile, or e-mail, upon 24 -hours notice. DNCR's contract administrators are named below. Agreement Administrator for the Library Name G,Q\ s. N\a,1h @- Street Address ...... L ...... :::;...J,......,_\~), ........ ·(l-"'-'-°'+..a.:b..w..:2V)'--O--~~~~~~~----'' NC City ) Clm C-L 0."'-l'=9 Q harheJt oi,--j Zip Email (1J a) ~g 3 -3 'f tf i _,__( i.>...;....1 u_,c_i)--=8q~3=------.3.e......::;o-=-o .....__I __ Phone Fax NC Card ina l M emorandum of Agreement 20 19-2020 Page6 071519 HCBOC Page 276 Agreement Administrators for the Department of Natural and Cultural Resources For All Day-To-Day Activities For All Other Agreement Issues Benjamin Murphy Cynthia Armes Manager, NC Cardinal Program Director of Procu rement and Contract (USPS) 4640 Mai l Service Center Monitoring Raleigh, NC 27699-4600 NC DNCR , Purchasing Office 109 E. Jone s Street (FedE x, UPS) 109 E. Jones Street Raleigh NC 27601 Raleigh, NC 27601 Telephone : (919) 814-6728 Telephone: (919) 814-6797 Facsimile: (919) 733-6993 Fac simile : (919) 733-8748 E-mail : Cl'.'.nt his.arm es@ n cdcr.gov E-ma il: be nja min.mur12 hl'.'.@ncd cr.gov XIV. Care of Property The Library agrees that it shall be responsible for the proper custody and care of any property furnished it for use in connection with the performance of this Contract or purchased by it for this Contract and will reimburse the State for loss of damage of such property. XV. Access to Persons and Records The State Auditor and the us i ng agency's internal auditors shall have access to persons and records as a res ult of all Contracts or grants entered into by State agencie s or political subdivisions in accordance with General Statute 147-64.7 and Ses si on Law 2010-194, Section 21 (i.e., the State Auditors and internal auditors may audit the records of the Library during and after the term of the Contract to verify accounts and data affecting fees or performance). SIGNATURE PAGE FOLLOWS NC Card ina l Memor andum of Agreement 201 9-2020 Page 7 071519 HCBOC Page 277 IN WITNESS WHERE< duplicate originals . Harnett County Public Librar d!!:l1::~Ptvt Library Director Gordon Springle Chairman State Library of North Carolina Timothy Owens State Librarian North Carolina Department of Natural and Cultural Resources Staci T. Meyer Deputy Secretary Approved as to the Availability of Funds Budget Code : 4601 / 535830 / 1495425 Joshua Davis Chief Financial Officer cuted this Agreement in Date Date Date Date Cynthia Armes Date Director of Procurement and Contract Monitoring THIS INSTRUME.N f HAS B!::EN PREAUDITED IN THE MANNER REQUIREU BY THE LO L OVERNMENT BUDGET Fil ; I r: N L CT NC Cardinal Memorandum of Agreement 201 9-2020 071519 HCBOC Page 278 Attachment A: NC Cardinal Bylaws August 2018 Table of Contents Section 1: Name and Mission ..................................................................................................................... 10 Section 2: Membership ............................................................................................................................... 10 Section 2a: Application for Membership ................................................................................................ 10 Qualifications ...................................................................................................................................... 10 Approval of Application ...................................................................................................................... 10 Section 2b: Membership Activation ........................................................................................................ 11 Section 2c: Member Withdrawal ............................................................................................................ 11 Section 2d: Effective Date of Withdrawal. .............................................................................................. 11 Section 2e: Default .................................................................................................................................. 11 Section 2f: Electronic Balloting ............................................................................................................... 11 Section 3: Governance Committee ............................................................................................................. 11 Section 3a : Number and Composition .................................................................................................... 11 Section 3b: Nomination .......................................................................................................................... 12 Section 3c: Election ................................................................................................................................. 12 Sect ion 3d: Terms ................................................................................................................................... 12 Section 3e: Vacancies .............................................................................................................................. 12 Section 3f: Meetings of Governance Committee ................................................................................... 12 Section 3g: Attendance ........................................................................................................................... 13 Sect ion 3h: Powers and Authority .......................................................................................................... 13 Sect ion 3i: Voting .................................................................................................................................... 13 Section 3j: Non -voting Members ............................................................................................................ 13 Section 3k: Appeal Process ..................................................................................................................... 13 Section 3 1: Removal.. ............................................................................................................................... 14 Section 4: Working Committees ................................................................................................................. 14 Section 4a: Creation of Working Committees ........................................................................................ 14 Section 5: Amendment of Bylaws ............................................................................................................... 14 Section 6: Definitions .................................................................................................................................. 14 NC Cardinal Memorandum of Agreement 2019-2020 Attachment A: NC Cardinal Bylaws Page 1 071519 HCBOC Page 279 Section 1: Name and Mission 1. The name of this organization shall be NC Cardinal. NC stands for North Carolina. 2. The purpose of NC Cardinal is to provide North Carolina residents greater access to public resources . NC Cardinal is a partnership between the State Library of North Carolina and North Carolina public library systems. NC Cardinal uses an open-source integrated library system (ILS) to expand resource sharing and cooperative services development through a single, shared online catalog. Section 2: Membership Members are those eligible organizations that have submitted applications and been approved by the State Library. NC Cardinal is supported by the Library Services & Technology Act (LSTA) grant program which, in turn, supports the implementation of North Carolina 's current LSTA Five-Year Plan. LSTA funds are awarded to the State Library of North Carolina by the Institute of Museum and Library Services (IMLS). NC Cardinal Member Libraries must agree to: 1 . participate in NC Cardinal and share their bibliographic and patron databases; 2. participate in NC Cardinal decision making and abide by Governance Committee decisions; 3. participate in resource sharing and provide in-person services to all patrons of NC Cardinal libraries in the same manner as to their own patrons; and 4. allow the use of the library name in NC Cardinal official documents and informational sites. Section 2a : Application for Membership Prospective members may join NC Cardinal by submitting an NC Cardinal Grant Application . Applicants should understand the annual State Library of North Carolina's LSTA General Information & Provisions and the Program-Specific Information & Guidelines. Qualifications To be eligible for participation in NC Cardinal, public libraries must: 1. qualify for grants from the Aid to Public Libraries Fund; and 2. meet basic hardware and network speed requirements. Approval of Application The State Library of North Carolina may review and approve membership based upon funding and resource capacity, may refuse an application for membership, or may postpone consideration of an application for membership. Upon approval, the applicant library must execute the NC Cardinal Memorandum of Agreement and adopt the NC Cardinal Bylaws. Failure to do so will disqualify the applicant from participation in NC Cardinal. The State Library may provide funds for the library to migrate its automated system data into NC Cardinal, to receive training in using NC Cardinal, to access the NC Cardinal services subscription, and to make other expenditures determined by the State Library to be necessary for a successful migration. NC Cardinal Memorandum of Agreement 20 19-2020 Attachment A: NC Cardi nal Bylaws Page 2 071519 HCBOC Page 280 In the event that funds or program capacity are not available to support all public libraries that apply, applicants wil l be selected based on the following criteria: 1. expiration date of the library's automated system contract; 2. scope and complexity of the library's migration requirements ; and 3. other circumstances affecting the library as determined by the State Lib rary. Section 2b: Membership Activation Membership is effective on the date the NC Cardina l Memorandum of Agreement is fully executed. Section 2c: Member Withdrawal Prior to terminating or taking action to withdraw from NC Cardinal , the Member Library shall discuss their intentions with authorized representatives of the State Library and the NC Card inal Governance Committee. Critical issues that the Member Library believes justify such withdrawal must be presented in written form . If discussions with the State Library and the NC Cardinal Governance Committee do no~ resolve the issues to the Member's reasonable satisfaction, the Member Library shall have the right to discontinue participation in NC Cardinal by giving written notice on or before December 31 to the State Library, subject to the terms and conditions of the Memorandum of Agreement. Section 2d: Effective Date of W i thdrawal The membership of a Member Library giving written notice on or before December 31 will cease on June 30 of the following year. Section 2e: Defa ult A vio lation of any provision, policy, or requirement that is not corrected by the Member Library within sixty (60) days after written notice by the State Library will constitute default under the terms of their NC Cardinal Memorandum of Agreement and these Bylaws, subject to the terms and conditions of the Memorandum of Agreement. Section 2f: Electronic Ba lloting At the discretion of the State Library or by a consensus vote of the Governance Committee, electronic balloting may be employed . Notice of is sues for electronic ballot must be electronically emailed to each member of the Governance Committee no less than one (1) week prior to the designated "ballot start time." Electronic balloting may proceed after approval by the Governance Committee. Section 3 : Governance Committee The Governance Committee provides guidance to the State Library of North Carolina in terms of communications, orga nizational structure, review of NC Cardinal Bylaws and Memorandum of Agreement, co st sharing policies, and the approval of common, consistent policies . Powers and Authority for this committee are outlined in Sectio n 3h, Powers and Authority. Section 3a: Numbe r and Composition The Governance Committee shall consist of five (S) members from participating NC Cardinal Libraries and two (2) members from the State Library: the NC Cardinal Pro gram Manager and a representative NC Cardinal Mem orandu m of Ag reement 2019-2020 Attachment A: N C Cardi nal Bylaws Page 3 071519 HCBOC Page 281 from the Library Development Section . Governance Committee members must be selected from the Senior Management staff of Member Libraries. NC Cardinal Member Library representation on the Governance Committee shall be composed of: 1. one {l) member from a Municipal library; 2. one (1) member from a County library; 3. one (1) member from a Regional library; and 4. two (2) members at large. Section 3b: Nomination At least sixty (60) days prior to the NC Cardinal General Membership Meeting, the Governance Committee must appoint a Nom i nations Committee of two (2) or more Members who are not seeking e lection . The Nominations Committee is required to receive a nd coordinate nominations for election to the Governance Committee. Section 3c : Election An election of Governance Committee members must be held at an NC Cardinal General Meeting to replace those members whose terms of office have expired or will expire at the end of the meeting. Secti o n 3d : Terms A term of office shall be two (2) years , to commence at the beginning of the next Quarter after the election with the exception of the first year. Following the election, an announcement of the newly elected officers will be sent to the membership promptly. Committee members may serve two (2) con secutive term s with a two-thirds (2/3) majority vote of the membership. Committee appointments shall be staggered to promote consistency as well as to accommodate change . Section 3 e: Vac ancie s Vacancies on the Governance Committee shall be filled by appointment by the Governance Committee until the next election of members . Se ctio n 3f: Meetings of Gove rnance Committee The Governance Committee shall hold at least two meetings per year, with other meetings scheduled as needed. At lea st thirty (30) days in advance, the General Membership shall be notified of Governance Committee meetings. Governance Committee meetings are closed and attendance is limited to Committee members, administrative staff of Member Libraries, and invited guests . Additional meetings may be scheduled : 1. at the request of the State Library; 2. at the request of two Governance Committee members; or 3. upon receipt of a written request signed by at least fifty (SO) percent of the membership. At lea st one (1) annual meeting will be held for the General Membership. Members will be notified at least thirty (30) days in advance of the annual meeting. Minutes of meetings shall be kept and distributed to the membership. NC Ca rdinal Memorandum of Ag reement 2019-2020 Attachment A : N C Card ina l By laws Page 4 071519 HCBOC Page 282 Section 3g: Attendance It is expected that Governance Committee members will attend all meetings in person. If a Governance Committee member cannot attend a Committee meeting, the member may make advance arrangements with the NC Cardinal Program Manager and the hosting site to participate electronically, by conference call or other technology. Governance Committee members will not send a representative to the meeting as a substitution . If a Governance Committee member cannot actively parti cipate in more than two (2) consecutive meetings, the member may be replaced for the duration of their term by appointment of the other members of the Governance Committee. Section 3h: Powers and Authority The Governance Committee shall provide counsel and support to the State Library of North Carolina and Member Libraries in the operation of NC Card ina l by: 1. recommending policy; 2. monitoring current research and trends to determine the best practices; 3. communicating to the entire membership; and 4 . reviewing and discussing recommendations from other NC Cardinal Committees and providing a final recommendation. Topics may cover a wide range of subjects, including information technology, vendor purcha ses, upgrades, enhancements, support, membership costs, and budget considerations. NC Cardinal Member Libraries will act upon recommendat ions approved by the Governance Committee. Secti o n 3i: V oting Only Governance Committee members may vote at a Governance Committee meeting. Each Governance Committee member has one (1) vote. This vote must be ca st in person. Proxy representation and proxy voting are not allowed . If an elected member cannot attend a Committee meeting, the member has the option of making advance arrangements with the NC Cardinal Program Manager to participate via technology, or forfeit the right to vote at the meeting. A two-thirds (2/3) majority vote among Governance Committee members is required to pass a policy or recommendation . Section 3j: N o n-voting M e mbers The NC Cardinal Program Manager shall be a non-voting member. Section 3k: App e al Pr o cess A Member Library(ies) may request reconsideration of a decision made by the NC Cardinal Governance Committee. A written request for reconsideration must be submitted within fourteen (14) days of the Committee deci sion. The appeal mu st include a justification for submitting the request for reconsiderat ion, with supporting facts , and be signed by the submitting Member Library(ies). The Governance Committee will review the request for reconsideration within fourteen (14) days of submission . A written notice of action and/or decision will be distributed by the Governance Committee to the appealing Member Library(ies). NC Cardin al M emorandum of Agreem ent 201 9-2020 A ttachment A : NC Cardinal Bylaws Page 5 071519 HCBOC Page 283 Section 31: Removal Should it become necessary to dissolve the Governance Committee, a two-thirds (2/3) majority vote of no-confidence from the NC Cardinal membership shall dissolve the Governance Committee. Should the Governance Committee be dissolved, a nominating committee selected from the membership shall propose new candidates . Section 4: Working Committees Category-specific NC Cardinal task forces/committees, for example Cataloging or Resource Sharing, will submit recommendations for approval to the Governance Committee. These recommendations will be voted upon for implementation. Voting will adhere to the procedures as outlined Section 3i of these Bylaws . Section 4a: Creation of Working Committees Recommendations for new committees are submitted by NC Cardinal Member Libraries directly to NC Cardinal Program Staff or the NC Cardinal Governance Committee. Requests for project-or category- specific committees will be vetted and approved by the NC Cardinal Governance Committee. Committee member nominations will be solicited from Member Library Directors . Final member selections will be determined by NC Cardinal Program Staff according to the following composition: 1. at least one (1) member from a Municipal library; 2. at least one {1) member from a County library; 3. at least one (1) member from a Regional library; and 4. other members by level of expertise in the project-or category-specific area. Section 5: Amendment of Bylaws The NC Cardinal Bylaws may be amended at any time by a two-thirds (2/3) majority of vote of Member Libraries . Thirty {30) days prior written notice shall be given to Member Libraries of any proposed amendment. Proposed amendments may originate from the NC Cardinal membership with signatures from one-third (1/3) of the Member Libraries. The Bylaws shall be reviewed every two (2) years by the NC Cardinal Governance Committee at the beginning of new Committee appointments. The Committee shall recommend any modifications and submit the Bylaws for review and renewal to the Member Librar ies with thirty {30) days written notice for a vote to extend or rescind the agreement. Section 6: Definitions Library System Member Library The organization unit as defined by the Evergreen Software, to be distinguished from branches, book mobiles, etc. A library system that participates in the NC Cardinal program . NC Cardinal Memorandum of Agreement 2019-2020 Attachment A : NC Cardinal Bylaws Page 6 071519 HCBOC Page 284 Attachment B -NC Cardinal Annual Costs by Library State Fiscal Year 2019-2020 Annual Cost Calculations A. During the State Fiscal Year (July 1 -June 30) of the Library's migration (year one), the incoming Library shall incur no Branch Costs or Shared ILS Costs. The State Library of North Carolina shall cover the Library's portion of Branch Costs and Shared ILS Costs for the first full fiscal year following migration (year two). The Library shall fund its portion of Branch Costs and Shared ILS Costs for Base Level Access to the NC Cardinal ILS beginning with year three of participation in NC Cardinal. B. Base Level Access includes access to and use of the NC Cardinal Integrated Library System (ILS) software, hardware maintenance, hardware administration, database administration, Standard Internet Protocol {SIP) services, software upgrades, second-level system support, integral components, and tools related to the statewide resource sharing distribution system. C. The Library's annual costs for participation in the NC Cardinal ILS shall be calculated based upon the following formula: Shared ILS Costs Calculations : Total Consortia! Co sts -Total Branch Costs = Shared ILS Costs Library System Costs Calculations: Library's Portion of Branch Costs + Library's Portion of Shared I LS Cost s Total Library Costs (#of Qua li fying Branches • Co st per Bra nch ) (%of Total ILS Active Items • Shared ILS Co sts ) D. Total Consortia! Costs are the annually reviewed and negotiated fees charged by the NC Cardinal hosting vendor to maintain and administer the shared ILS software and hardware. These fees provide for: 1) maintenance for server administration; 2) implementation of software upgrades; 3) maintenance of database storage performance optimization; 4) upgrade of server configuration; and 5) support of software issues and problem re solution. E. Total Consortia I Costs are then divided into two categories: 1) Total Branch Costs are the sum of all Costs per Branch for all qualifying libraries in the consortium . 2) Shared ILS Costs are the shared portion of the Total Consortia I Costs after Total Branch Costs are deducted. These Shared ILS Costs are divided among all library systems according to each library's percentage of Active Items in the shared ILS . F. The Library's Portion of Branch Costs is composed of the Cost per Branch multiplied by the number qualifying branches in that Library System. 1) The Cost per Branch is the annual flat fee charged by the NC Cardinal hosting vendor for each Qualifying Branch location within a Library's service area. NC Cardinal M emorandum of Agreement 2019-2020 Attachment B: NC Card inal Annual Costs by Li brary 071519 HCBOC Page 285 2) A Qualifying Branch meets the following criteria: a. Is open more than 18 hours per week; b. Stores and circulates items to the general public; and c. Acts as a circulating branch as their primary responsibility. 3) Library outlets that are not qualifying branches will not incur the annual fee. G. The Library's Portion of Shared ILS Costs is determined by multiplying the Shared ILS Costs by the percentage of total active items in the shared ILS catalog that are owned by the Library. 1) An Active Item is a catalog record associated with a specific barcode which has not been withdrawn, discarded, or deleted during the fiscal year. The Library's percentage of active items is calculated based on the total number of active items in the NC Cardinal shared catalog . Active item counts for the calculation of annual costs shall be captured on January 1 of each year. H. The Library will receive an Annual Invoice each fiscal year listing Total Library Costs. I. Total Library Costs FY 2019-2020 for Harnett County Public Library #of Library's Portion of Branch Costs $6,000.00 Library's Portion of Shared ILS Costs $3,545.00 Total Library Costs $9,545.00 Qualifying Branches 6 # of Library Active Items 211508 Cost per Branch $1000.00 Total ILS Active Items 6522652 % of Total ILS Active Items 3.24 NC Cardinal Memorandum of Agreement 2019-2020 Attachment B: NC Cardinal Annual Costs by Library Shared ILS Costs $109,315.00 071519 HCBOC Page 286 Agenda Item SX Board Meeting Agenda Item MEETING DA TE: July 15, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Emergency Medical Services Agreements REQUESTED BY: Larry Smith, Emergency Services Director REQUEST: We would like to request approval of the Emergency Medical Services Agreements between the County of Harnett and the Harnett County EMS Departments. Anderson Creek Emergency Services Benhaven Emergency Services Boone Trail Emergency Services Buies Creek Rural Fire Department Coats-Grove Fire & Rescue Dunn Emergency Services Erwin Fire Department and Rescue Squad FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C :\Use rs\bstanc il\Des ktop\agendaform201 9.docx Page I of I 071519 HCBOC Page 287 NORTH CAROLINA COUNTY OF HARNETT AGREEMENT FOR EMERGENCY MEDICAL SERVICES THIS AGREEMENT is made and entered into as of this the lfil day of July 2019, by and between the COUNTY OF HARNETT (sometimes hereinafter referred to as "County"), and Anderson Creek Emergency Services, Inc. (sometimes hereinafter referred to as "EMS Provider"). RECITALS: THAT WHEREAS, North Carolina General Statute § 153A-250 provides that counties may provide for ambulance services and may contract for ambulance services in all or a portion of a county; and WHEREAS, North Carolina General Statute§ l 59-l 3(a), provides, in part, that the board of commissioners of any county may adopt a "budget ordinance making appropriations and levying taxes for the budget year in such sums as the board may consider sufficient and proper;" and "the budget ordinance may be in any form that the board considers most efficient in enabling it to make the fiscal policy decisions embodied therein;" and WHEREAS, County has established various Emergency Medical Services Response Areas within Hamett County and appropriates funds for the purpose of providing emergency medical services within Hamett County; and WHEREAS , EMS Provider has equipment, land, and buildings for the operation of a non-profit corporation capable of providing emergency medical services within a designated Emergency Medical Services Response Area; and I 071519 HCBOC Page 288 WHEREAS, County desires to contract with EMS Provider to provide emergency medical services, facilities, and functions for the benefit of the citizens and residents of Harnett County. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the parties hereto contract and agree as follows: 1. GENERAL: EMS Provider shall furnish emergency medical services, facilities, and functions pursuant to the standards set forth by the North Carolina Medical Care Commission, County of Hamett, and all other pertinent federal, state, and local laws and regulations within the boundaries of the Anderson Creek Emergency Medical Services Response Area (hereinafter sometimes referred to as "the Service Area") and other areas of response as may be dispatched . The Service Area is defined in the map of the Emergency Medical Services Response Areas on record with the Hamett County Emergency Services Department of County and in the GIS /Land Records Management of County and is incorporated herein by reference as if full set forth herein. EMS Provider shall provide the necessary equipment, personnel, facilities, and all other things necessary for furnishing such services in the Service Area. The services shall be in accordance with the standards as set forth in this Agreement by the North Carolina Medical Care Commission, County of Harnett (including the Hamett County EMS System Plan), and all other federal, state, and local regulations regarding emergency medical services, and all future amendments adopted in accordance with paragraph 14 of this Agreement. The EMS Provider shall furnish services, facilities, and functions in accordance with the applicable standard(s) of care. 2 071519 HCBOC Page 289 2. PAYMENT: For fiscal year July 1, 2019 to June 30, 2020, County shall pay EMS Provider the total sum of $362,166.00, which shall be divided and paid in twelve (12) equal monthly payments by the 15 1h day of each month. For each fiscal year following the July 1, 2019 through June 30, 2020 fiscal year, the amount paid to EMS Provider will be determined by the parties and the amount paid to EMS Provider wilJ be reflected in the budget ordinance adopted by County. In determining the amount to be paid to EMS Provider, the Hamett County Board of Commissioners wilJ take into consideration the needs of the citizens of the Emergency Medical Services Response Area as projected by EMS Provider in a budget estimate submitted by EMS Provider to the Hamett County Board of Commissioners through the Harnett County Emergency Services Director. For each fiscal year following the July 1, 2019 through June 30, 2020 fiscal year, the total amount paid by County to EMS Provider shall be divided and paid in twelve (12) equal monthly payments by the 15th day of each month. In the event the County requires additional equipment and/or upgrades to current equipment during the fiscal year that were not accounted for during the budgeting process, and EMS Provider does not have sufficient funds to cover the costs of the additional equipment and/or upgrades, EMS Provider shall not be required to purchase the equipment and/or upgrades until the next fiscal year, unless County allocates additional funds to cover these expenditures. However, EMS Provider shall be required to pay for additional training and continuing education courses out of EMS Provider's current budget if such additional training and courses are due to the 3 071519 HCBOC Page 290 unsatisfactory performance of EMS Provider's employees as determined by the Hamett County Emergency Medical Services System Medical Director. 3. USE OF FUNDS: EMS Provider shall use all funds paid to it by County under this Agreement solely and exclusively to provide for emergency medical services, facilities and functions for the benefit of the citizens of the Emergency Medical Services Response Area (and other areas ofresponse as dispatched by County) and to meet the standards and requirements of County established by this Agreement. 4. PURCHASES OVER $20,000.00: lfEMS Provider desires to make any single capital purchase in the amount of $20,000.00 or greater and said purchase has not been approved by the Hamett County Board of Commissioners in the current year capital outlay in the EMS Provider's estimated budget, EMS Provider shall submit a written request for purchase which must be approved by the Hamett County Board of Commissioners. The written request shall be submitted by EMS Provider to the Hamett County Emergency Services Director who, in tum, shall forward the request to the Hamett County Board of Commissioners for its consideration. The Hamett County Board of Commissioners may accept or reject the request in its sole discretion. 5 . INSPECTIONS/AUDITS /BUDGETING/BONDING: EMS Provider agrees that County has the right to inspect all books and accounts of EMS Provider at any time. Said inspection shall be conducted by the Hamett County Board of Commissioners through the Hamett County Emergency Services Director, the Hamett County Finance Officer, or other designees of the Hamett County Board of Commissioners. It is further agreed that EMS Provider will present the Hamett County Board of Commissioners with an annual audit by a certified public accountant which shall be in conformity with 4 071519 HCBOC Page 291 Generally Accepted Accounting Principles or other comprehensive bases of accounting. EMS Provider agrees to comply with all County budgeting procedures and such other federal, state, county, and local laws , rules, procedures, or policies as may be applicable . EMS Provider agrees to submit budget estimates by the date requested by the Hamett County Emergency Services Director to the Hamett County Board of Commissioners on the standard forms used by County. EMS Provider agrees to use standard line items for accounting as requested or consented to by the Hamett County Finance Officer. EMS Provider shall secure and maintain a blanket bond which is acceptable to County on all persons who have access to or authority to receive or disburse funds belonging to EMS Provider. Such blanket bond shall be through a company licensed to provide said blanket bonds and which is acceptable to County, and shall be in an amount of not less than $ I 00,000.00. Proof of such bonding shall be provided prior to the disbursement of any funds by County to EMS Provider under this Agreement. 6. CORPORA TE DOCUMENTS: EMS Provider shall provide the Hamett County Emergency Services Director with a true copy of its Articles of Incorporation, existing Bylaws, and any subsequent amendments. EMS Provider agrees to adopt Bylaws which meet all minimum legal requirements and which have reasonable provisions enabling citizens of the community to participate in the affairs of EMS Provider, including provisions for an annual meeting, vesting in a Board of Directors, and the authority to manage the affairs of EMS Provider without a vote of the membership, to the extent permitted by North Carolina General Statutes § 55A et. seq., the North Carolina Nonprofit Corporation Act. 5 071519 HCBOC Page 292 7. ASSETS/INVENTORY/RETURN OF ASSETS ON TERMINATION : EMS Provider shall maintain an accurate accounting of the use of funds paid to it by County under this Agreement and shall maintain an accurate inventory of any property with a purchase price of$1 ,000.00 or greater purchased in whole or in part with County funds for the purpose of providing and furnishing emergency medical services to the Emergency Medical Services Response Area pursuant to the provisions of this Agreement. Should EMS Provider no longer provide emergency medical services, facilities, and functions to the Emergency Medical Services Response Area through this Agreement, all assets and property that have been acquired using County funds at any time past, present, or future , and having a value of $1,000.00 or greater at time of termination or expiration of this Agreement shall become the property of County at the termination or expiration of this Agreement. In the event EMS Provider receives funding pursuant to a contract with entities other than County, County will be entitled to receive its pro-rata share of previously audited funding. 8. WITHHOLDING OF FUNDS ON NON-COMPLIANCE: If any condition of this Agreement is not being fulfilled by EMS Provider to the satisfaction of County, in County's sole discretion , the Hamett County Finance Officer has the right to withhold any and all funds to be paid to EMS Provider under this Agreement until such time as the EMS Provider complies with the terms of this Agreement. IfEMS Provider refuses or fails to provide services , facilities , or functions as contemplated under this Agreement and to the satisfaction of County, the Harnett County Emergency Services Director shall investigate the cause of said refusal or failure. During the investigation by the Harnett County Emergency Services Director, County may withhold any and all 6 071519 HCBOC Page 293 funds due and payable to EMS Provider. If the investigation by the Harnett County Emergency Services Director determines that EMS Provider refused or failed to perform the duties and obligations of it as required herein, and certifies the results of the investigation to the County Manager, the County Manager may instruct the Finance Officer to withhold any and all funds to be paid to EMS Provider under this Agreement until a resolution regarding the refusal or failure to perform is reached by the parties. If a resolution is unable to be reached by the parties, County, in its sole discretion, may withhold any and all funds to be paid to EMS Provider under this Agreement, terminate this Agreement for cause, or take any other such action as County deems necessary to protect the citizens of the County. EMS Provider's failure to file reports required of it by the requested date to any federal, state, or local authority shall be grounds for County to terminate this Agreement with EMS Provider for cause. If this Agreement is terminated by County for cause, EMS Provider shall be liable to County for any and all funds appropriated and paid to EMS Provider during the fiscal year in which the termination occurs. Additionally, EMS Provider shall not be relieved of its obligations to County under Paragraph 7 of this Agreement. Nothing herein shall affect EMS Provider's ultimate rights to payments, or County's responsibility for payments, as outlined herein for services actually rendered by EMS Provider prior to the effective date of any termination. Nothing herein shall prevent County and EMS Provider, in the event of a termination of this Agreement for any reason, from entering into an agreement to provide services beyond the effective date of any such termination. 9. INSURANCE COVERAGE REQUIREMENTS: EMS Provider shall obtain and keep in force during the term of this Agreement the following minimum insurance coverage: 7 071519 HCBOC Page 294 a. Workers ' Compensation: Coverage for all paid and volunteer workers meeting the statutory requirements of North Carolina General Statutes § 97, et. seq ., The North Carolina Workers ' Compensation Act; b. Comprehensive General Liability, Malpractice, and Errors and Omissions: Coverage with m1mmum limits of $2,000,000.00 per occurrence, $3,000,000.00 aggregate combined single minimum for bodily injury liability and property damage liability; c. Business Auto Policy: Coverage with minimum limits of $1,000,000.00 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include owned vehicles, hired, and non-owned vehicles and employee non-ownership. d. Management or Directors and Officers Liability: Coverage with minimum limits of $1,000,000.00 per claim and $2 ,000 ,000.00 aggregate. e. Umbrella Liability : Coverage with a minimum limit of $1 ,000,000.00 with underlying coverage of auto liability, general liability, employer's liability, and $1,000,000.00 aggregate. f. County as an Additional Insured : County of Hamett shall be named as an additional insured on all policies of insurance required hereunder, except Workers ' Compensation. EMS Provider shall furnish County all certificates of insurance annually. g. Indemnity Agreement: EMS Provider shall and hereby agrees to indemnify and hold harmless County and its officials, agents, and employees from and against all claims, losses, damages, and expenses, direct, indirect, or 8 071519 HCBOC Page 295 consequential including attorney's fees, court costs, and other costs incurred by County, caused by the willful or negligent acts or omissions of EMS Provider, its officials, volunteers, agents , and employees. This indemnification shall survive the termination of this Agreement. I 0. LICENSING REQUIREMENT: EMS Provider shall be required to submit a current, valid copy of its license to operate as an emergency medical services provider from the North Carolina Medical Care Commission. EMS Provider shall maintain its present nonprofit corporation status pursuant to North Carolina General Statutes § 55A. EMS Provider shall continuously comply with all applicable federal, state, county, and local laws, rules , procedures, or policies under this Agreement. 11. PERFORMANCE ST AND ARDS: The parties agree to the following minimum performance standards and agree that these performance standards are material terms to this Agreement: a. DISPATCHING PROTOCOLS: EMS Provider shall comply with County dispatching protocols as established by County. b. RESPONSE TIME: EMS Provider shall have an average response time, defined as the time period from dispatch until arrival on scene, of 10.0 minutes or less for emergency medical services calls within the Emergency Medical Services Response Area. The average response time will be determined by the Hamett County Emergency Medical Services System Medical Director. c. MANPOWER (ON SCENE): 9 071519 HCBOC Page 296 EMS Provider shall provide minimum staffing per North Carolina General Statute §131 E-158. d. TRAINING: EMS Provider shall have the minimum standard training requirements, as established by the State of North Carolina, for providing emergency medical services. EMS Provider shall maintain training levels in accordance with National Incident Management System (NIMS) directive and the Hamett County Emergency Medical Services Plan, and shall report said training to the Hamett County Emergency Medical Services System Continuing Education Coordinator. e. SOFTWARE AND REPORTS: EMS Provider shall utilize electronic patient care reporting software supplied by County. EMS Incident Reports shall be completed by the end of each shift. Quality Control and Billing Export shall be completed within forty-eight ( 48) hours of the reported incident. EMS Provider shall assign someone to maintain information for its members and vehicles in the credentialing information system database, not less than one (1) time per month. All mandatory State and County reports and rosters shall be submitted to the appropriate authority by the requested deadline. f. RELEASE OF PATIENT RECORDS: EMS Provider shall forward all subpoenas, releases, or other requests for patient medical records to Hamett County EMS. Hamett County EMS will review such requests and release patient medical records in compliance with applicable Jaws and regulations on behalf of EMS Provider. 10 071519 HCBOC Page 297 g . EMERGENCY DISASTER RESPONSE: EMS Provider shall follow the Hamett County Emergency Operations Plan, as may be amended from time to time, when responding to an emergency disaster. h. STATE OF EMERGENCY: At the request of County, EMS Provider shall assist in providing services during and following times of emergencies or disasters, including, but not limited to: 1. Debris Removal; 11. Debris Clearance; m. Traffic Control; 1v . Search and Rescue; v. Evacuation; v1. Medical Services as identified by the County; and v11. Other life-saving and property protection measures as necessary. All operations shall be in accordance with the Harnett County Emergency Operations Plan and County Emergency Management Ordinance, as may be amended from time to time. 1. HARNETT COUNTY CHIEF 'S ASSOCIATION: EMS Provider shall participate in the Hamett County Chiefs Association to allow for an exchange of information between County and EMS Provider. Such participation shall include, but is not limited to, having a representative at Harnett County Chiefs Association meetings. 11 071519 HCBOC Page 298 J. PEER REVIEW MEETINGS: EMS Provider shall have a representative present at all Peer Review Committee meetings. These meetings shall take place in accordance with the Hamett County Emergency Medical Services Plan. Nothing in this Agreement shall be construed to abridge, limit, or in any way compromise the integrity of any and all peer review privileges enjoyed by County pursuant to North Carolina General Statutes § 131 E, et. seq., or any other peer review statute applicable to County in its role as a health care provider. k. BILLING: County agrees to manage the billing for the EMS Provider at no charge and is entitled to retain all funds collected pursuant to services provided under this Agreement. County shall not otherwise be a billing agency for the EMS Provider. EMS Provider shall obtain all billing, insurance, and other necessary information, including the HIP AA Signature Billing Form that is required by County. This subsection does not subvert or affect the billing and payment requirements set forth in the Emergency Response Vehicle Lease Agreement and any amendments thereto entered into between EMS Provider and County. 1. EMS PROVIDER COVERAGE: EMS Provider shall provide a unit in ready response mode at all times within the Emergency Medical Service Response Area consistent with the Harnett County Emergency Medical Services System Plan. Any EMS Provider that deviates from the EMS System Plan for coverage of their designated 911 response area may 12 071519 HCBOC Page 299 result in withholding any and all funds to be paid to the EMS Provider under this Agreement. m. DESIGNATED OFFICERS: EMS Provider shall maintain a designated Training Officer which meets all credentials as provided by EMS System Training Officer's Manual. EMS Provider shall maintain a designated HIP AA Officer and Infection Control Officer. n . EQUIPMENT STANDARIZATION: EMS Provider agrees to consult with the Harnett County EMS Systems Administrator in order to standardize the purchase of medical equipment approved by the EMS System Medical Director. o . EMERGENCY VEHICLE DRIVING TRAINING: EMS Provider will ensure that all EMS personnel have received an approved Emergency Vehicle Driving ("EVD ") class with annual continuing education. EMS Provider may contact the Harnett County EMS System training coordinator to ensure it is a valid EVD program. p. MASS GATHERINGS: EMS Provider must notify the Harnett County Emergency Services office of any known mass gatherings estimated to be 500 or more attendees scheduled in their response area of which they are aware. The EMS Provider must notify the Hamett County Emergency Services office not less than 7 days prior to the event. 12 . EFFECTIVE DATE: The effective date of this Agreement is July 1, 2019, subject to the continued legal existence of EMS Provider, and shall continue from fiscal year to 13 071519 HCBOC Page 300 fiscal year unless terminated by either party pursuant to the provisions contained herein, and is subject to the appropriation of funds by the Hamett County Board of Commissioners. 13. TRANSFER/ASSIGNMENT: This Agreement or any responsibilities for services required therein may not be transferred or assigned by EMS Provider without the written consent of County. 14. AMENDMENT OR TERMINATION OF AGREEMENT : This Agreement may be terminated by either party upon advance written notice to the other party, served upon the other party by certified mail at least ninety (90) days prior to termination. Failure of County and EMS Provider to agree upon the amount of funding shall cause this Agreement to terminate upon written notice to the other party, served upon the other party by certified mail, at least thirty (30) days prior to termination. This Agreement may be amended only by mutual written agreement of the parties. Either party may propose an amendment to this Agreement by submitting the amendment in writing to the other party at least sixty (60) days in advance of the amendment's proposed effective date. 15. EXCLUSIVE AGREEMENT: This Agreement is not intended to serve for the benefit of any third party. The rights and obligations herein belong exclusively to the entities which are parties hereto , and no third party shall rely upon anything contained herein as a benefit to that third party. 16 . RELATIONSHIP OF THE PARTIES : The relationship of the parties established by this Agreement is solely that of independent contractor, and nothing contained in this Agreement shall be construed to: (i) give any party the power to direct or control the 14 071519 HCBOC Page 301 day-to-day activities of the other; (ii) constitute such parties as partners, joint ventures, co-owners, or otherwise as participants in a joint or common undertaking; (iii) make either party an agent of the other for any purpose whatsoever; or (iv) give either party the authority to act for , bind, or otherwise create or assume any obligation on behalf of the other. Nothing herein shall be deemed to eliminate any fiduciary duty on the part of EMS Provider to County that may arise under law or under the terms of this Agreement. 17. ENTIRE AGREEMENT: The terms and provisions herein contained constitute the entire agreement by and between County and EMS Provider and shall supersede all previous communications, representations , or agreements, either oral or written, between the parties hereto with respect to the subject matter hereof. This paragraph shall not be construed to supersede any existing and applicable Mutual Aid and/or Automatic Aid Agreements. 18. CHOICE OF LAW: This Agreement shall be governed by the laws of the State of North Carolina. Any and all actions and proceedings arising under this Agreement shall be brought and heard in the Superior Court of Hamett County. 19. SA VIN GS CLAUSE: In the event any provision of this Agreement is adjudged to be unenforceable or found invalid, such provision shall be stricken and the remaining provisions shall be valid and enforceable. 20. EQUAL OPPORTUNITY EMPLOYMENT: County is an equal opportunity employer. The County is a federal EMS Provider, and therefore the provisions and affirmative action obligations of 41 CFR 60-1.4(a), 41 CFR 60-741.5(a), and 41 CFR 60-250.4 are incorporated herein by reference, where applicable. 15 071519 HCBOC Page 302 21. E-VERIFY: EMS Provider certifies that it and any subcontractor with whom it contracts to provide EMS services complies with the requirements of North Caro lina General Statutes §64, et. seq . 22. NOTICES: All notices or other communications which shall be made pursuant hereto shall be in writing and shall be deemed to be given and received (a) when hand delivered to the address stated below ; or (b) three (3) days after being mailed to the address stated below, postage prepaid by certified or registered mail of the United States, return receipt requested to the address set forth below: TO EMS PROVIDER: Anderson Creek Emergency Services, Inc. 6200 Overhills Road Spring Lake, NC 28390 TO COUNTY: County of Hamett Post Office Box 3 70 (mail) I 005 Edwards Brothers Drive (physical) Lillington, North Carolina 27546 Attn: Hamett County Emergency Services Director With copy to: County of Hamett Post Office Box 238 (mail) 420 McKinney Parkway (physical) Lillington, North Carolina 27546 Attn: County Staff Attorney Either party to this Agreement may change its designated person or designated address at any time and from time to time by giving notice of such change to the other party in the manner set forth above. 16 071519 HCBOC Page 303 IN TESTIMONY WHEREOF, on the date and year first above written, County has caused this instrument to be executed by the Chairman of the Board of Commissioners of County and attested by the Clerk to said Board and the EMS Provider has caused this instrument to be signed in its name by its President by authority duly given, attested by the Secretary, and its corporate seal hereto affixed, all by order of its Board duly given. COUNTY OF HARNETT GORDON SPRINGLE, CHAIRMAN ATTEST: MARGARET REGINA WHEELER, CLERK STATE OF NORTH CAROLINA COUNTY OF HARNETT I, , a Notary Public of the County and State aforesaid, certify that Gordon Springle personally came before me this day who being by me duly sworn, deposes and says: that he is the Chairman of the Harnett County Board of Commissioners and Margaret Regina Wheeler is the Clerk of said Board, that the seal affixed to the foregoing instrument is the official seal of Hamett County, that said instrument was signed by him, attested by said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners of said County, and the said Gordon Springle acknowledged said instrument to the act and deed of Hamett County. Witness my hand and official stamp or seal, this the __ day of __ 3d~:i-:~-\i.....,i:,,.:·:_.._. .... :::""'i:""''.i~i.-' Notary Public'.· · ' . . 20 My Commission Expires: _________ _ (SEAL] 071519 HCBOC Page 304 EMS PROVIDER PRESIDENT ATTEST: SECRETARY STATE OF NORTH CAROLINA COUNTY OF ------- I, , a Notary Public of the County and State aforesaid, do hereby certify that , personally appeared before me this day and acknowledged that he/she is , and that by authority duly given and as an act of the EMS Provider, the foregoing instrument was signed in its name by its , sealed with its corporate seal, and attested by the foregoing as its Secretary. Witness my hand and official stamp or seal, this the __ day of _______ _ 20 Notary Public My Commission Expires: ________ _ [SEAL] 18 071519 HCBOC Page 305 Board Meeting Agenda Item Agenda Item SY MEETING DATE: July 15, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Fire Protection ServicesAgreements REQUESTED BY: Larry Smith, Emergency Services Director REQUEST: We would like to request approval of the Fire Protection Services Agreements between the County of Harnett and the In-County & Out-of-County Fire Departments. In-County Departments: Anderson Creek Emergency Services Angier & Black River Fire Department Benhaven Emergency Services Boone Trail Emergency Services Buies Creek Rural Fire Department Coats-Grove Fire & Rescue Dunn Emergency Services Erwin Fire Department and Rescue Squad Flat Branch Volunteer Fire Department Flatwoods I Lillington Fire Department Northwest Harnett Volunteer Fire Department Spout Spring Emergency Services Summerville Bunnlevel Fire & Rescue Out-of-County Departments: Benson Fire Department Crains Creek Volunteer Fire Department Cypress Pointe Fire and Rescue Godwin-Falcon Fire Department West Johnston Fire Department Westarea Volunteer Fire Department C:\Users\bstancil\AppData\Local\Temp\agendaform2019 Fire Protection Agreements_5221645\agendaform2019 Fire Protection Agreements .docx Page 1 of 2 071519 HCBOC Page 306 STATE OF NORTH CAROLINA COUNTY OF HARNETT AGREEMENT FOR FIRE PROTECTION SERVICES THIS AGREEMENT is made and entered into this the lfil day of July 2019, by and between COUNTY OF HARNETT (sometimes hereinafter referred to as "County") and (sometimes hereinafter referred to as "Contractor"). RECITALS: THAT WHEREAS, The County Service District Act of 1973, pursuant to North Carolina General Statute§ 153A-300, et. seq. provides that the board of commissioners of any county may finance, provide, or maintain fire protection services, facilities , and functions through designated service districts; WHEREAS, North Carolina General Statute § 159-13(a) provides, in part, that the board of commissioners of any county may adopt a "budget ordinance making appropriations and levying taxes for the budget year in such sums as the board may consider sufficient and proper," and "the budget ordinance may be in any form that the board considers most efficient in enabling it to make the fiscal policy decisions embodied therein." WHEREAS, County has established various Fire Protection Service Districts pursuant to The County Service District Act of 1973, levies and collects taxes, and is responsible for appropriating said funds for the use and benefit of the citizens in the designated district; and WHEREAS , Contractor has secured equipment, land, and buildings for the operation of a fire department capable of providing fire protection services within a designated district; and WHEREAS , County desires to contract with Contractor to provide fire protection services, facilities , and functions for the benefit of the designated Fire Protection Service District; 1 071519 HCBOC Page 307 NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the parties hereto contract and agree as follows: I. GENERAL: Contractor shall furnish fire protection services, facilities, and functions pursuant to the standards set forth by the North Carolina Department of Insurance, County of Hamett, and all other pertinent federal, state, and local laws and regulations within the boundaries of the Anderson Creek Fire Protection Service District (hereinafter sometimes referred to as "Fire Protection Service District"). The Fire Protection Service District is defined in the map of the Fire Protection Service District on record with the Clerk to the Hamett County Board of Commissioners and in the GIS /Land Records Management of Hamett County. Contractor shall provide the necessary equipment, personnel, facilities , and all other things necessary for furnishing such protection in the Fire Protection District. The services shall be in accordance with the standards as set forth in this Agreement by the North Carolina Department of Insurance, County of Hamett, and all other federal, state, and local regulations regarding fire protection, and all future amendments adopted in accordance with paragraph 17 of this Agreement. The Contractor shall furnish fire protection services, facilities, and functions without charge to all persons and property located within the Fire Protection Service District in an efficient and workman-like manner. This provision shall not prohibit the Contractor from entering into contracts with Federal , State, or local governments, or utility companies for the provision of emergency protection services for a fee, or from applying for and/or receiving any donations, grants, or contributions of any kind , whether governmental or private. 2 071519 HCBOC Page 308 2. PAYMENT: For fiscal year July 1, 2019 to June 30, 2020, County shall cause to be assessed or levied property taxes for fire protection services, facilities, and functions for the Fire Protection Service District and paid to Contractor in an amount of $0.11 per one hundred dollars valuation on all real and personal property located in the Anderson Creek Fire Protection Service District, pursuant to North Carolina General Statute §153A-307 and as adopted in the budget ordinance of County. For each fiscal year following the July 1, 2019 through June 30, 2020 fiscal year, the amount paid to Contractor will be determined by the parties and the amount paid to Contractor will be reflected in the budget ordinance adopted by County for the Fire Protection Service District. In determining the amount to be assessed or levied, the Hamett County Board of Commissioners will take into consideration the needs of citizens of the Fire Protection Service District as projected by Contractor in a budget estimate submitted by Contractor to the Hamett County Board of Commissioners through the Hamett County Fire Marshal. 3. TIME OF PAYMENT: County shall pay to Contractor the monthly collection of current and delinquent property taxes levied pursuant to The County Service District Act of 1973 for the Fire Protection Service District by the 15th day of the month following the month of collection by County. County may pay to Contractor the monthly collection of sales tax levied for the Fire Protection Service District by the 15th day of the month following collection by County. 4. USE OF FUNDS : Contractor shall use all funds paid to it by County under this Agreement solely and exclusively to provide for fire protection services, facilities , and functions for the benefit of the citizens of the Fire Protection Service District (and other 3 071519 HCBOC Page 309 areas of response as dispatched by County) and to meet the standards and requirements of County established by this Agreement. 5. PURCHASES OVER $20,000.00: If Contractor desires to make any single capital purchase in the amount of $20,000.00 or greater and said purchase has not been approved by the Harnett County Board of Commissioners in the current year capital outlay in the Contractor 's estimated budget, Contractor shall submit a written request for purchase which must be approved by the Harnett County Board of Commissioners. The written request shall be submitted by Contractor to the Harnett County Fire Marshal who, in turn , shall forward the request to the Harnett County Board of Commissioners for its consideration. The Harnett County Board of Commissioners may accept or reject the request in its sole discretion. 6. INSPECTIONS/AUDITS /BUDGETING/BONDING: Contractor agrees that County has the right to inspect all books and accounts of Contractor at any time. Said inspection shall be conducted by the Hamett County Board of Commissioners through the Hamett County Fire Marshal , the Harnett County Finance Officer, or other designees of the Hamett County Board of Commissioners. It is further agreed that Contractor will present the Hamett County Board of Commissioners with an annual audit by a certified public accountant which shall be in conformity with Generally Accepted Accounting Principles (GAAP) or other comprehensive bases of accounting. Contractor agrees to comply with all County budgeting procedures and such other federal , state, county, and local laws, rules, procedures , or policies as may be applicable. Contractor agrees to submit budget estimates by the date requested by the Harnett County Fire Marshal to the Harnett County Board of Commissioners on the 4 071519 HCBOC Page 310 standard forms used by County. Contractor agrees to use standard line items for accounting as requested or consented to by the Hamett County Finance Officer. Contractor shall secure and maintain a blanket bond which is acceptable to County on all persons who have access to or authority to receive or disburse funds belonging to the Contractor. Such blanket bond shall be through a company licensed to provide said blanket bonds and which is acceptable to County, and shall be in an amount of not less than $100,000.00. Proof of such bonding shall be provided prior to the disbursement of any funds by County to Contractor under this Agreement. 7. CORPORATE DOCUMENTS: Contractor shall provide the Hamett County Fire Marshal with a true copy of its Articles of Incorporation, existing Bylaws, and any subsequent amendments. Contractor agrees to adopt Bylaws which meet all minimum legal requirements and which have reasonable provisions enabling citizens of the community to participate in the affairs of the Contractor, including provisions for an annual meeting and vesting in a Board of Directors the authority to manage the affairs of the Fire Department without a vote of the membership, to the extent permitted by North Carolina General Statutes §55A, et. seq., The North Carolina Nonprofit Corporation Act. 8. ASSETS /INVENTORY/RETURN OF ASSETS ON TERMINATION: Contractor shall maintain an accurate accounting of the use of funds paid to it by County under this Agreement and shall maintain an accurate inventory of any property with a purchase price of $1,000.00 or greater purchased in whole or in part with County Fire Protection Service District Funds for the purpose of providing and furnishing fire protection services to the Fire Protection Service District pursuant to the provisions of 5 071519 HCBOC Page 311 this Agreement. Should the Contractor no longer provide fire protection services, facilities , and functions to the Fire Protection Service District pursuant to this Agreement, all assets and property that have been acquired using County Fire Protection Service District funds at any time past, present, or future , and having a value of $1 ,000.00 or greater at time of termination or expiration of this Agreement shall become the property of County at the termination or expiration of the Agreement. In the event Contractor receives funding pursuant to a contract with entities other than County, County will be entitled to receive its pro rata share of previously audited funding. 9. WITHHOLDING OF FUNDS ON NON-COMPLIANCE: If any condition of this Agreement is not being fulfilled by Contractor to the satisfaction of County, in County 's sole discretion, the Hamett County Finance Officer has the right to withhold any and all funds to be paid to Contractor under this Agreement until such time as the Contractor complies with the terms of this Agreement. If Contractor refuses or fails to provide fire protection services, facilities , or functions as contemplated under this Agreement to the satisfaction of County, the Hamett County Fire Marshal shall investigate the cause of said refusal or failure. During the investigation by the Hamett County Fire Marshal , County may withhold any and all funds due and payable to Contractor. If the investigation by the Hamett County Fire Marshal determines that Contractor has refused or failed to perform the duties and obligations of it as required herein, and certifies the results of the investigation to the County Manager, the County Manager may instruct the Finance Officer to withhold any and all funds to be paid to Contractor under this Agreement until a resolution regarding the refusal or failure to 6 071519 HCBOC Page 312 perform is reached by the parties. If a resolution is unable to be reached by the parties, County, in its sole discretion , may withhold any and all funds to be paid to Contractor under this Agreement, terminate this Agreement for cause, or take any other such action as County deems necessary to protect the citizens of the Fire Protection Service District. Contractor's failure to file reports required of it by the requested date to any Federal, State, or local authority shall be grounds for County to terminate this Agreement with Contractor for cause. If this Agreement is terminated by County for cause, Contractor shall be liable to County for any and all funds appropriated and paid to Contractor during the fiscal year in which the termination occurs. Additionally, Contractor shall not be relieved of its obligations to County under Paragraph 8 of this Agreement. Nothing herein shall affect Contractor's ultimate rights to payments, or County's responsibility for payments, as outlined herein for services actually rendered by Contractor prior to the effective date of any termination. Nothing herein shall prevent County and Contractor, in the event of a termination of this contract for any reason, from entering into an agreement to provide services beyond the effective date of any such termination. 10. INSURANCE COVERAGE REQUIREMENTS: Contractor shall obtain and keep in force during the term of this Agreement the following minimum insurance coverage: a. Workers' Compensation: Coverage for all paid and volunteer workers meeting the statutory requirements of North Carolina General Statutes §97, et. seq., The North Carolina Workers Compensation Act; b . Comprehensive General Liability, Malpractice, and Errors and Omissions: Coverage with minimum limits of $2,000,000.00 per occurrence, 7 071519 HCBOC Page 313 $3,000,000 .00 aggregate combined single minimum for bodily injury liability and property damage liability; c. Business Auto Policy: Coverage with minimum limits of $1,000,000.00 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include owned, hired, and non-owned vehicles, and employee non-ownership. d. Management or Directors and Officers Liability: Coverage with minimum limits of$1,000,000.00 per claim and $2,000,000.00 aggregate. e. Umbrella Liability: Coverage with a minimum limit of $1,000,000.00 with underlying coverage of auto liability, general liability, employer's liability, and $1,000,000.00 aggregate. f. County as an Additional Insured: County of Hamett shall be named as an additional insured on all policies of insurance required pursuant to this Agreement. Contractor shall furnish County all certificates of insurance annually. g. Indemnity Agreement: Contractor shall and hereby agrees to indemnify and hold harmless County and its officials, agents, and employees from and against all claims, losses, damages, and expenses, direct, indirect , or consequential, including attorney's fees , court costs, and other costs incurred by County, caused by the willful or negligent acts or omissions of Contractor, its officials, volunteers, agents, and employees. This indemnification shall survive the termination of this Agreement. 8 071519 HCBOC Page 314 11. FIRE RATING REQUIREMENT: Contractor shall maintain a minimum of 9S/E rating or better with the Department of Insurance, Office of State Fire Marshal. Contractor shall maintain its present nonprofit corporation status pursuant to North Carolina General Statutes §55A. Contractor shall continuously comply with all applicable federal , state, county, and local laws, rules, procedures, or policies regarding fire rating requirements. 12. WATER USE REQUIREMENTS: Contractor shall comply with all County directives associated with the use of water from any County owned or operated water system within the geographic area in which services under this Agreement are provided. It is further agreed that any water withdrawn from a County owned or operated water system will be reported on a monthly basis to the Harnett County Department of Public Utilities. 13 . MAINTENANCE/UPGRADE OF INSURANCE RATING: By October 10th of each year, Contractor shall annually submit to the Hamett County Fire Marshal a written plan outlining how it will maintain or upgrade its current insurance rating. 14. PERFORMANCE STANDARDS: The parties agree to the following minimum performance standards and agree that these performance standards are material terms to this Agreement: a. DISPATCHING PROTOCOLS: Contractor shall comply with the County Dispatching protocols as established by County. b. RESPONSE TIME: 9 071519 HCBOC Page 315 Contractor shall have an average response time, defined as the time period from dispatch until arrival on scene, of 11 minutes or less for fire calls within the North Carolina Rating System recognized fire insurance district. The average response time will be determined by the Hamett County Fire Marshal on a quarterly basis. c. MANPOWER (ON SCENE): Contractor shall adopt a standard operating guideline that addresses the number of firefighters required on all types of fire calls. A current, valid copy of the Contractor's guideline shall be kept on file with the Hamett County Fire Marshal. Contractor shall place four ( 4) trained personnel on the scene to operate at least one (1) pumper when making the initial attack on all structure fire calls. d. TRAINING: Contractor shall have the m1mmum standard training requirements, as established by the State of North Carolina, for providing fire, rescue, and emergency management services. Contractor shall maintain training levels in accordance with National Incident Management System (NIMS) directives. e. DESIGNATED OFFICERS: Contractor shall maintain a designated Training Officer, HIP AA Officer and Infection Control Officer. f. PRE-FIRE INCIDENT SURVEYS: Contractor shall develop a pre-fire incident survey and update it annually for all commercial buildings within the Fire Protection Service District. Facilities that 10 071519 HCBOC Page 316 should be given priority are those buildings displaying NFP A 704 placards, as well as hazardous , institutional , and assembly occupancies. Contractor agrees to cooperate with local fire code enforcement officials to determine hazards and occupancies. Upon request , the Harnett County Fire Marshal or his designee shall assist Contractor in developing pre-fire incident surveys for buildings within the Harnett County Fire Marshal 's fire code enforcement service area. g. FIRE INVESTIGATIONS: Contractor's officer in charge at all fire scenes shall attempt to determine the origin and cause of every fire. When the officer in charge cannot determine the origin and cause of the fire, if the cause is suspected to be incendiary in nature, or if the incident involves a bum injury, the officer in charge shall request ass istance from a representative of the Harnett County Fire Marshal 's Office. Contractor shall provide any reasonable assistance requested by the Harnett County Fire Marshal 's Office at the fire scene. h. SOFTWARE AND REPORTS: Contractor shall use reporting software supplied by County. No less than the following information is required to be reported in the reporting software to be used for compiling reports: 1. Incident; 2. Staff; 3. Hydrants; 4 . Training. Fire Incident Reports shall be completed, utilizing the software provided by County , by the 1 oth day of the month showing completion of the reports for the previous month. Contractor shall keep all reports and records on site at Contractor's principal place of business for at least five years from the creation date. All 11 071519 HCBOC Page 317 mandatory State and County reports and rosters shall be submitted to the appropriate authority by the requested deadline. 1. FIRE HYDRANTS: Contractor shall conduct fire hydrant testing and maintenance on not less than an annual basis. Testing shall ensure that every wet and dry fire hydrant in the Fire Protection Service District is flushed and checked for accessibility, functionality , visibility, and operation. Records of fire hydrant tests and maintenance conducted by Contractor shall be completed and maintained in compliance with the North Carolina Rating System. The Contractor shall adhere to the standard operating guideline approved by the Hamett County Fire Chiefs Association in partnership with the Harnett County Public Utilities Department for the flowing of fire hydrants. J. MEDICAL FIRST RESPONDER: Contractor may choose to participate in County's Medical First Responder Program. Participation in this program is fully voluntary. If Contractor elects to participate in the program, Contractor's participation shall conform to the Harnett County System Medical Director's requirements . k. EMERGENCY DISASTER RESPONSE: Contractor shall follow the Harnett County Emergency Operations Plan, as may be amended from time to time, when responding to an emergency disaster. 1. STATE OF EMERGENCY : 12 071519 HCBOC Page 318 At the reque st of County , Contractor shall assist County in providing services during and following times of emergencies or disasters, including, but not limited to: 1. Debris Removal ; 11. Debris Clearance; 111. Traffic Control ; IV . Search and Rescue; v. Evacuation ; vi. Medical Services as identified by County; and v11. Other life-saving and property protection measures as necessary. All operations shall be in accordance with the Harnett County Emergency Operations Plan and County Emergency Management Ordinance, as may be amended from time to time. m. HARNETT COUNTY CHIEF 'S ASSOCIATION: Contractor shall participate in the Hamett County Chiefs Association to allow for an exchange of information between County and Contractor. Such participation shall include, but is not limited to , having a Department officer at Harnett County Chiefs Association meetings. Contractor shall adhere to all Hamett County Chiefs Association standard operating guidelines. n. SOFTWARE USER GROUP: County will organize reporting software user group meetings periodically to enhance user training . Contractor shall send at least one ( 1) representative to these meetings. 13 071519 HCBOC Page 319 o. EMS ASSISTANCE: When requested for personnel driving assistance by EMS , the personnel responding from the Contractor's department shall have an approved Emergency Vehicle Driving certification with annual continuing education. p. MASS GATHERINGS: Contractor must notify the Hamett County Emergency Services office of any known mass gatherings estimated to be 500 or more attendees scheduled in their response area that they are aware of. The Contractor must notify the Harnett County Emergency Services office not less than 7 days prior to the event. 15. EFFECTIVE DATE: This effective date of this agreement is July I, 2019, subject always to the continued legal existence of the Fire Protection District and Contractor, and shall continue from fiscal year to fiscal year unless terminated by either party pursuant to the provisions contained herein, and is subject always to appropriation of funds by the Harnett County Board of Commissioners. 16. TRANSFER/ ASSIGNMENT: This Agreement or any responsibilities for fire protection services required herein may not be transferred or assigned by Contractor without the written consent of County. 17. AMENDMENT OR TERMINATION OF AGREEMENT: This Agreement may be terminated by either party upon advance written notice to the other party, served upon the other party by certified mail at least ninety (90) days prior to termination. Failure of County and Contractor to agree upon the amount of funding shall cause this Agreement to terminate upon written notice to the other party, served upon the other 14 071519 HCBOC Page 320 party by certified mail, at least thirty (30) days prior to termination. This Agreement may be amended only by mutual agreement of the parties in a written addendum hereto. Either party may propose an amendment to this Agreement by submitting the amendment in writing to the other party at least sixty (60) days in advance of the amendment's proposed effective date. 18 . EXCLUSNE AGREEMENT : This Agreement is not intended to serve for the benefit of any third party. The rights and obligations herein belong exclusively to the entities which are parties hereto and no third party shall rely upon anything contained herein as a benefit to that third party. 19. RELATIONSHIP OF THE PARTIES. The relationship of the parties established by this Agreement is solely that of independent contractors, and nothing contained in this contract shall be construed to (i) give any party the power to direct or control the day- to-day activities of the other; (ii) constitute such parties as partners, joint ventures, co- owners, or otherwise as participants in a joint or common undertaking; (iii) make either party an agent of the other for any purpose whatsoever; or (iv) give either party the authority to act for, bind, or otherwise create or assume any obligation on behalf of the other. Nothing herein shall be deemed to eliminate any fiduciary duty on the party of the Contractor to County that may arise under the law or under the terms of this Agreement. 20. ENTIRE AGREEMENT: The terms and provisions contained herein constitute the entire agreement by and between County and Contractor and shall supersede all previous communications, representations, or agreements, either oral or written, between the parties hereto with respect to the subject matter hereof, this paragraph 15 071519 HCBOC Page 321 shall not be construed to supersede any existing and applicable Mutua] Aid and/or Automatic Aid Agreements. 21. CHOICE OF LAW: This Agreement shall be governed by the laws of the State of North Carolina. Any and all actions and proceedings arising under this Agreement shall be brought and heard in the Superior Court of Harnett County. 22. SA VIN GS CLAUSE: In the event any provision of this Agreement is adjudged to be not enforceable or found invalid, such provision shall be stricken and the remaining provisions shall be valid and enforceable. 23. EQUAL OPPORTUNITY EMPLOYMENT : County is an equal opportunity employer. County is a federal contractor, and therefore the provisions and affirmative action obligations of 41 CFR 60-l .4(a), 41 CFR 60-741.5(a), and 41 CFR 60-250.4 are incorporated herein by reference, where applicable. 24 . E-VERIFY: Contractor certifies that it and any subcontractors will comply with the requirements of North Carolina General Statutes §64, et. seq. 25. NOTICES: All notices or other communications which shall be made pursuant hereto shall be in writing and shall be deemed to be given and received (a) when hand delivered to the address stated below; or (b) three (3) days after being mailed to the address stated below, postage prepaid by certified or registered mail of the United States, return receipt requested to the address set forth below: TO CONTRACTOR: Anderson Creek Emergency Services, Inc. 6200 Overhills Road Spring Lake, NC 28390 16 071519 HCBOC Page 322 TO COUNTY: County of Harnett Post Office Box 3 70 (mail) 1005 Edwards Brothers Drive (physical) Lillington, North Carolina 27546 Attn: Harnett County Fire Marshal With copy to: County of Harnett Post Office Box 238 (mail) 420 McKinney Parkway (physical) Lillington, North Carolina 27546 Attn : County Staff Attorney Either party to this Agreement may change its designated person or designated address at any time and from time to time by giving notice of such change to the other party in the manner set forth herein. IN TESTIMONY WHEREOF, on the date and year first above written, County has caused this instrument to be executed by the Chairman of the Board of Commissioners of County and attested by the Clerk to said Board, and Contractor has caused this instrument to be signed in its name by its President by authority duly given, attested by the Secretary, and its corporate seal hereto affixed , all by order of its Board duly given . 17 071519 HCBOC Page 323 COUNTY OF HARNETT GORDON SPRINGLE, CHAIRMAN ATTEST: MARGARET REGINA WHEELER, CLERK STATE OF NORTH CAROLINA COUNTY OF HARNETT ..... I, , a Notary Public of the County and State aforesaid, certify that. Gordon Springle personally crune before me this day, who being by me duly sworn, deposes and says: that he is the Chairman of the Harnett County Board of Commissioners and Margaret Regina Wheeler is the Clerk of said Board, that the seal affixed to the foregoing instrument is the official seal of Harnett County, that said instrument was signed by him, attested by said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners of said County, and the said Gordon Springle acknowledged said instrument to the act and deed of Hamett County. Witness my hand and official stamp, this the ___ day of _________ _ 20 My Commission Expires: [SEAL] Notary Public THIS IN STRUi111l:i\f, HAS BEEN fi'REAUDITED IN THE MANNER REQUIRED BYT CAL GOVERNMENT BUDGET . N V co TROLACT 18 071519 HCBOC Page 324 PRESIDENT ATTEST: SECRETARY STATE OF NORTH CAROLINA COUNTY OF ------- I, , a Notary Public of the County and State ------------- aforesaid, do hereby certify that personally appeared before me this day and acknowledged that he/she is , and that by authority duly given and as an act of Contractor, the foregoing instrument was signed in its name by its sealed with its corporate seal, and attested by the foregoing as its Secretary. Witness my hand and official stamp, this the ___ day of ________ _ 20 Notary Public My C ommission Expires: ______ _ [SEAL] 19 071519 HCBOC Page 325 Agenda Item ---=S=Z;;.___; EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS * * * A regular meeting of the Board of Commissioners (the "Board') of the County of Harnett, North Carolina (the "County") was held on Monday , July 15 , 2019, at 6:00 p.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 420 McKinney Parkway, Lillington, North Carolina, Gordon Springle, Chairman of the Board pres iding and the following Commissioners present: Commissioners absent: Also present: * * * * * * Commissioner moved that the following resolution (the "Resolution"), a copy of which was available with the Board and which was read by title: RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE EXECUTION AND DELIVERY OF A COUNTY INSTALLMENT FINANCING OBLIGATION AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO WHEREAS, the County of Harnett, North Carolina (the "County") is a validly existing po litical subdivision of the State of North Carolina, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina (the "State"); WHEREAS, t he County has the power pursuant to th e General Statutes of North Carolina to (I) purchase real and personal property, (2) enter into in stallment financing contracts in order to finance and refinance the purch ase of real and personal property used, or to be used, for public purpose s and (3) grant a security interest in some or all of the property purchased to secure repayment of the purchase price; WHEREAS, the Board of Commissioners of the County (the "Board') hereby determines that it is in the best interests of the County to finance the acquisition, construction and equipping of a new Government Serv ices Complex (the "Project''); WHEREAS, in order to accomplish the Project, the Co unty proposes to execute and deli ver an installment financing contract (the "Contract ") in an amount not to exceed $25 ,000,000 to finance the Project and enter into a deed of tru st, security agreement and fixture filing (the "Deed of Trust") related to the County's fee s imple interest in the real property on which the Project is located and all improvements thereon ; WHEREAS, the Board hereby determines that the acquisition of the Proj ect is essential to the Coun ty's pro per, effici e nt , and economic operation and to the general health and welfare of its inhabitants and will provide an essential u se and permit the County to carry out public functions that it is authorized by law to perform; WHEREAS, the Board hereby determines that entering into the Contract is necessary and expedient for the County by v irtue of the findin gs presented herein ; 071519 HCBOC Page 326 WHEREAS, the County hereby detennines that the Contract will allow the County to finance the Project at a favorable interest rate currently available in the financial marketplace and on tenns advantageous to the County; WHEREAS, the County hereby determines that the estimated cost of financing the Project exceeds the amount that can be prudently raised from currently available appropriations, unappropriated fund balances and non-voted bonds that could be issued by the County in the current fiscal year pursuant to Article V, Section 4 of the Constitution of the State; WHEREAS, although the cost of financing the Project pursuant to the Contract is expected to exceed the cost of financing the Project pursuant to a bond financing for the same undertaking, the County hereby determines that the cost of financing the Project pursuant to the Contract and the obligations of the County thereunder are preferable to a general obligation bond financing or revenue bond financing for several reasons , including but not limited to the following: ( 1) the cost of a special election necessary to approve a general obligation bond financing, as required by the laws of the State, would result in the expenditure of significant funds ; (2) the time required for a general obligation bond election would cause an unnecessary delay which would thereby decrease the financial benefits of financing the Project; and (3) insufficient revenues are produced by the Project so as to permit a revenue bond financing; WHEREAS, the County has determined and hereby detennines that the estimated cost of financing the Project pursuant to the Contract reasonably compares with an estimate of similar costs under a bond financing for the same undertaking as a result of the findings delineated in the above preambles ; WHEREAS, the County does not anticipate a future property tax increase to pay In stallment Payments falling due under the Contract; WHEREAS, the sums to fall due under the Contract will be adequate but not excessive for its proposed purpose; WHEREAS, Parker Poe Adams & Bernstein LLP , as special counsel, will render an opinion to the effect that entering into the Contract and the transactions contemplated thereby are authorized by law ; WHEREAS, no deficiency judgment may be rendered against the County in any action for its breach of the Contract, and the taxing power of the County is not and may not be pledged in any way directly or indirectly or contingently to secure any moneys due under the Contract; WHEREAS, the County is not in default under any of its debt service obli gations ; WHEREAS, the County's budget process and Annual Budget Ordinance are in compliance with the Local Government Budget and Fiscal Control Act, and external auditors have determined that the County has conformed with generally accepted accounting principles as applied to governmental units in preparing its Annual Budget ordinance; WHEREAS, past audit reports of the County indicate that its debt management and contract o bligation payment policies have been carried out in strict compliance with the law, and the County has not been censured by the North Carolina Local Government Commi ss ion (the "Commission"), external a uditors or any other regulatory agencies in connection with such debt management and contract obligation payment policies; WHEREAS, the County mu st obtain the Commission 's approval to enter into the Contract; PPAB 50 12536v l 071519 HCBOC Page 327 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE C OUNTY OF HARNETT, NORTH CAROLINA , AS FOLLOWS: Section I. Authorization to Negotiate the Contract. The County Manager, the Finance Officer and their designees, with advice from the County Attorney and Special Counsel , are hereby authorized and directed to negotiate on behalf of the County for the financing of the Project a Contract in a principal amount not to exceed $25 ,000,000, to be entered into in accordance with the provisions of Section l 60A-20 of the General Statutes of North Carolina. All actions of the County, the County Manager, the Finance Officer, the Clerk to the Board , the County Attorney and their respective designees, whether previously or hereinafter taken, in effectuating the proposed financing in a manner consistent with this Resolution are hereby approved, ratified and authorized. Section 2. Application to the Commission. The Finance Officer or her designee is hereby directed to file with the Commission an application for its approval of the Contract and all relevant transactions contemplated thereby on a form prescribed by the Commission and to state in such application s uch facts and to attach thereto such exhibits regarding the County and its financial condition as may be required by the Commission. Section 3. Public Hearing. A public hearing (the "Public Hearing") shall be conducted by the Board of Commissioners on August 19, 2019 at 6:00 p.m. in the County Commissioners' Meeting Room , Harnett County Administration Building, 420 McKinney Parkway, Lillington, North Carolina, concerning the financing of the Project and the execution and delivery of the Contract and the Deed of Trust. Section 4. Notice of Public Hearing. The Clerk to the Board is hereby directed to cause a notice of the Public Hearing in the form attached hereto as Exhibit A to be published once in a qualified newspaper of general circulation within the County no fewer than 10 days prior to the Public Hearing. Section 5. Financing Team. The County Manager and the Finance Officer, with advice from the County Attorney, are hereby authorized and directed to retain the ass istance of Parker Poe Adams & Bernstein LLP, as special counsel, and Davenport & Company LLC, as financial advisor. Section 6 . are hereby repealed. Section 7. Repealer. All motions, orders, resolutions and parts thereof in conflict herewith Effective Date. This Resolution is effective on the date of its adoption. On motion of Commissioner , the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE EXECUTION AND DELIVERY OF A COUNTY INSTALLMENT FINANCING OBLIGATION AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" was duly adopted by the following vote: AY ES : NAYS: P PAB 5 01 2536v l 071519 HCBOC Page 328 ST ATE OF NORTH CAROLINA COUNTY OF HAR NETT ) ) ) ss : I, MARGAR ET REGINA WHEELER , C lerk to the Board of Commissioners of the County of Harnett, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE EXECUTION AND DELIVERY OF A COUNTY INSTALLMENT FINANCING OBLIGATION AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" adopted by the Board of Commissioners of the County of Harnett, North Carolina, at a meeting held on the 15 111 day of July, 2019. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the _ day of July, 2019. PPAB 50 12536v l MARGARET REGINA WHE ELE R C lerk to the Board County of Harnett, North Carolina 071519 HCBOC Page 329 NOTICE OF PUBLIC HEARING The Board of Commissioners (the "Board') of the County of Harnett, North Carolina (the "County") is considering (1) entering into an installment financing contract in an amount not to exceed $25 ,000,000 (the "Contract'') to finance the acquisition, construction and equipping of a new Government Services Complex (the "Project") and (2) executin g and delivering a deed of trust, security agreement and fixture filing (the "Deed of Trust") re lated to the County 's fee simple interest in the Project, together with the improvements thereon (collective ly , the "Mortgaged Property"), as may be required by the entity providing the fund s to the County under the Contract. The Project will be located at 455 McKinney Parkway, Lillington , North Carolina. The Contract and the Deed of Trust permit the County to enter into amendments to finance additional projects using the Mortgaged Property as collateral and to refinance projects, and the County may or may not grant additional collateral in connection with such amendments. On the County's payment of a ll installment payments due under the Contract, the Deed of Trust and any lien created thereunder wou ld terminate and the County 's title to The Mortgaged Property would be unencumbered. NOTICE IS HEREBY GWEN, pursuant to Sections I 60A-20 of the General Statutes of North Carolina, that on August 19 , 2019 at 6:00 p.m. in the County Commissioners ' Meeting Room, Harnett County Administration Building, 420 McKinney Parkway, Lillington, North Carolina, a public hearing will be conducted concerning the approval of the execution, delivery and performance of the Contract and the Deed of Trust and the Project to be financed thereby. All interested parties are invited to present comments at the public hearing regarding the execution, delivery and performance of the Contract and the Deed of Trust and the Project to be financed thereby . Published: July31 ,2019 Isl Margaret Regina Wheeler Clerk to the Board of Commissioners County of Harnett, North Carolina 071519 HCBOC Page 330 Board Meeting Agenda Item Agenda Item SAA MEETING DA TE: July 15, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Computer Aided Dispatch Software Upgrade REQUESTED BY: IT (GIS/E-911) REQUEST: IT (GIS/E-911) requests approval of the System Purchase Agreement, Software Support Agreement, IQ Subscription Service License and Use Agreement to upgrade our current TriTech Computer Aided Dispatch and Mobile Software to TriTech's new software platform called Inform CAD and Inform Mobile. This project will cost $497,588 and will take approximately 18-24 months to complete. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\U sers\gwheeler\AppData\Local\Microsoft\ Windows\TNetCach e\Content. Outlook\OZMK66X9\agendaform2 0 19-0 715- TriTech-CAD-Mobi le (002).docx Page I of l 071519 HCBOC Page 331 TriTech Software Systems 1000 Business Center Dri ve Lake Mary, FL 32746 www.centralsquare.com SYSTEM PURCHASE AGREEMENT TRITECH SOFTWARE SYSTEMS FOR HARNETT COUNTY, NC Ham ett County Communicati ons Copyright © 2019 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the Uni ted States Page I of 41 System Purchase Agreement 071519 HCBOC Page 332 SYSTEM PURCHASE AGREEMENT TABLE OF CONTENTS 1.0 INTRODUCTION ................................................................................................. 4 2.0 ADDENDA ........................................................................................................... 4 3.0 DEFINITIONS ...................................................................................................... 5 4.0 PRICES AND PAYMENT .................................................................................... 9 5.0 SOFTWARE LICENSES ................................................................................... 10 6.0 DELIVERY, INSTALLATION, SERVICES , TITLE TO EQUIPMENT, AND RISK OF LOSS ................................................................................................. 12 7.0 SITE PREPARATION ........................................................................................ 14 8.0 CONFIDENTIALITY AND PROPRIETARY RIGHTS ........................................ 14 9.0 LIMITED WARRANTIES ................................................................................... 15 10.0 MAINTENANCE AND SOFTWARE SUPPORT ................................................ 16 11.0 SOURCE CODE ESCROW ..................... 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BOOKMARK NOT DEFINED. 12.0 DEFAULT AND TERMINATION ........................................................................ 18 13.0 LIABILITY .......................................................................................................... 19 14.0 INSURANCE ...................................................................................................... 19 15.0 COPYRIGHT & TRADE SECRET INFRINGEMENT ......................................... 20 16.0 DISPUTE RESOLUTION ................................................................................... 20 17.0 SALES, USE AND PROPERTY TAX ................................................................ 21 18.0 SEVERABILITY ................................................................................................. 21 19.0 FORCE MAJEURE/EXCUSABLE DELAY ........................................................ 21 20 .0 CONSTRUCTION AND HEADINGS ................................................................. 21 21.0 WAIVER ............................................................................................................ 21 22.0 ENTIRE AGREEMENT ...................................................................................... 22 23.0 APPLICABLE LAW ........................................................................................... 22 24.0 ASSIGNMENT ................................................................................................... 22 25.0 NOTICES ........................................................................................................... 22 26.0 ORDER OF PRECEDENCE .................... , ......................................................... 23 27.0 GENERAL TERMS ............................................................................................ 23 ADDENDUM A ........................................................................................................... 25 ADDENDUM A-1 ........................................................................................................ 26 Hamett County Communications Copyright © 2019 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States Page 2 of 41 System Purchase Agreement 071519 HCBOC Page 333 ADDENDUM A-2 ........................................................................................................ 27 ADDENDUM A-3 ........................................................................................................ 29 ADDENDUM A-4 ........................................................................................................ 32 ADDENDUM A-5 ........................................................................................................ 33 ADDENDUM A-6 ........................................................................................................ 34 ADDENDUM A-7 ........................................................................................................ 35 ADDENDUM A-8 ........................................................................................................ 36 ADDENDUM A-9 ........................................................................................................ 37 ADDENDUM B ........................................................................................................... 38 ADDENDUM C ........................................................................................................... 39 ADDENDUM D ........................................................................................................... 40 ADDENDUM E ............................................................................................................ 41 Ham ett C ounty Communications Copyright © 2019 TriTech Software Systems Unp ub li shed : Rights reserved under th e copyright laws of the Un ited States Page 3 of 41 System Purchase Agreemen t 071519 HCBOC Page 334 SYSTEM PURCHASE AGREEMENT Client: Hamett County Address: 420 McKinney Parkway City, State, Zip: Lillington, NC 27546 Phone, Fax: Contact Name: 1.0 INTRODUCTION 1.1 This Agreement, is made by and between TriTech Software Systems, referred to as "TriTech", a CentralSquare Technologies, LLC company, with offices at 1000 Business Center Drive, Lake Mary, FL 32746, and the entity named above, referred to as "Client" (Client and TriTech collectively are "Parties" herein, individually a "Party"), with reference to the following facts: 1.2 Client and previously entered into a Software License Agreement dated December 15 , 2004 for certain Vision applications. 1.3 TriTech has offered to upgrade Client to TriTech's Inform CAD and Inform Mobile applications, and Client desires to proceed with the upgrade as further defined in this Agreement. 1.5 Understanding the above, thi s Agreement is for the migration and purchase of an integrated Computer System (the "System") by the Client from TriTech, consisting of Software, applicable Interfaces, services, and if applicable third party software, equipment and services (the "Project") as more fully described in this Agreement and the Addenda hereto. The System described herein consists of standard, commercial off the shelf software system, and is licensed to the Client with no additional modifications, unless otherwise specified in this Agreement or its attachments, unless agreed to by the Parties in writing. 1.6 In consideration of the terms, promises, mutual covenants and conditions contained in this Agreement, Client and TriTech agree as follows: 2.0 ADDENDA 2.1 The following documents are attached as Addenda to thi s Agreement and incorporated by reference as though set forth in full: (a) Addendum A-1 Hamett County Commun ications Copyright © 2019 TriTech Software Systems Statement of Work Unpublish ed : Rights reserved under th e copyright laws of the United States Page 4 of 41 System Purchase Agreement 071519 HCBOC Page 335 (b) Addendum A-2 Number of Tri Tech Software Licenses, and Designated Location (c) Addendum A-3 TriTech Services, Support and Maintenance Fees, and Miscellaneous (d) Addendum A-4 Equipment (e) Addendum A-5 System Software (f) Addendum A-6 Subcontractor Software, Hardware and Services, if applicable (g) Addendum A-7 Payment Terms (h) Addendum A-8 Contract Price Summary (i) Addendum A-9 System Planning Document (j) Addendum B TriTech Master Three Party Source Code Escrow Agreement (k) Addendum C Subcontractor Warranty, Support and Maintenance Agreements (if applicable) (I) Addendum D Subcontractor License Agreements (if applicable) (n) Addendum E Subscription Service License & Use Agreement (if applicable) 3.0 DEFINITIONS 3.1 "Archive Server" or "Reporting Server" means a Server or other storage unit on which Client's data resides for archival purposes. 3.2 "Contract Price" means the total of the purchase price of the items as specified in Addendum A-8 , including, as applicable, equipment, software licenses, services, fees, expenses and other items acquired under this Agreement, and if included as a line item in Addendum A-8, any applicable sales, use, value added, or other such governmental charges. 3.3 "Deliverable" means an item of equipment, software, services or other items licensed or acquired by Client under this Agreement as listed in the addenda hereto. 3.4 "Deliver" or "Delivery" with respect to the System means physical delivery of substantially all components of each Subsystem to the Designated Location. Delivery shall be Hamett County Communications Copyright © 2019 TriTech Software Systems Unpublished: Right s reserved under the copyright laws of the United States Page 5 of 41 System Purchase Agreement 071519 HCBOC Page 336 deemed to have occurred despite the absence of incidental components provided that Installation of the Subsystem, training and system configuration can begin with the items then delivered . A separate Delivery shall occur with respect to each such Subsystem . 3.5 "Designated Location(s)" means the physical site(s) at which a Subsystem 1s installed as specified in Addendum A-2. 3.6 "Disaster Recovery Computer System" means a server operating in a standby mode used to maintain a duplicate copy of the program and data contained in the Production System. 3.7 "Documentation" means the then-current standard user manuals or other related instructional and/or reference materials, provided by TriTech or other Software Vendors from time to time, including on-line help information, online documentation updates, and Release Notes issued in connection with Updates. 3.8 "Equipment" means the computer system equipment specified in Addendum A-4 of this Agreement. TriTech may substitute equipment for that specified in Addendum A-4 provided that such equipment will substantially meet the requirements of the Specifications and this Agreement. Equipment (Addendum A-4) does not include hardware supplied by Subcontractors (Addendum A-6).) 3.9 "Go Live" means the event that occurs when the Client first uses a Subsystem for Live Operations. A separate Go Live may take place with respect to each Subsystem, each Interface, and each Modification. 3.10 "Help Desk " means the Tri Tech telephonic support services provided as described in the applicable Software Support Agreement. 3.11 "Installation" with respect to Subsystems means the process of running the Subsystem under a procedure to demonstrate basic interoperability of the applicable Subsystem components at the De signated Location for that Subsystem. "Installation" with respect to the Modifications means the process of running each Modification under a procedure to demonstrate basic interoperability with the applicable Subsystem at its Designated Location(s). "Install ation " with respect to the Interfaces means the process of running each Interface under a procedure to demonstrate basic interoperability of the Interface with the applicab le Subsystem and the hardware and /or Software with which it is interfaced at its Designated Location(s). 3.12 "Interface," collectively or individually, means the interface softwar e described in Addendum A-2. 3.13 "Live Operations" means use of a Subsystem in a live operational environment, whether or not any Interfaces or applicable Modifications are included in such use. 3 .14 "Modifications" means changes or additions to Software from the standard version thereof prepared hereunder. The Modifications, if applicable, are described in the appropriate Statement of Work. The TriTech Software is not custom software, and as such, at TriTech's discretion Modifications or enhancements to the standard version will be made available in a Harnett County Communications Copyright © 20 19 TriTech So ft ware System s Unpubli shed : Ri g ht s reserved und er the copyrig ht laws of th e United States Pa ge 6 of 41 System Purchase Agreement 071519 HCBOC Page 337 subsequent version release available to all TriTech clients; or as applicable, made available as a separate module or function , separately licensed and priced. 3 .15 "Object Code" means any instruction or set of instructions of a computer program in machine-readable form . 3.16 "Production System" means the primary computer system for live operations of the TriTech Software. 3.17 "Project Schedule" means the schedule set forth in or developed pursuant to the Statement of Work , subject to any permitted changes or modifications. 3 .18 "Server" means any and all computers in a local area network that run administrative software which controls access to all or part of the network and its resources and make such resources available to computers acting as workstations on the network, including the Production System and any Disaster Recovery System. 3.19 "Software" means collectively or individually the computer programs licensed under this Agreement, including, without limitation , the programs for each Subsystem. 3.20 "Software Error" means an error in coding or logic that causes a program not to substantially function as described in the applicable Specifications. In the event TriTech ( or another Software Vendor) is unable to reproduce the Software Error at its facilities , TriTech may, if requested by Client, v isit Client's premises at Client's expense. If it is determined that th e problem was caused by Equipment, Software, services, network or other items not supplied or not authorized by TriTech, Client shall reimburse TriTech for its labor costs for such on site visit, at TriTech's then-current rates for consulting. 3.21 "Software Support" means services provided by TriTech (and/or other Software Vendors) for the Software, either under warranty or under the Software Support Agreement or other agreement with the Vendor, as more fully de scribed in the applicable agreement(s). 3.22 "Software Support Agreement" means collectively or indi v idually agreements of that name ( or a similar name) for the rendering of Software Support services entered into between the Parties coincident with this Agreement, including any permitted renewals of such agreements. 3.23 "Source Code" means the high-level computer instructions for Software used to generate Object Code. 3 .24 "Specifications" means (i) the functional requirements with respect to each Subsystem; (ii) the Interface Requirements Document ("IRD", Interface Functional Configuration Document ("IFCD ") and applicable acceptance test document for each Interface, or Operational Scenario Document(s) ("OSD") for each Custom Interface, or if applicable, Modification; and (iii) the specifications for the Equipment as provided or adopted by Tri Tech . The IRD, IFCD and OSD will be in the form provided by TriTech. Harnett County Communi cation s Copyright © 2019 TriTech Software System s Unpublish ed: Righ ts reserved und er th e copyright laws of the Un ited States Page 7 of 41 System Purc h ase Agreement 071519 HCBOC Page 338 3 .25 "Statement of Work " means Addendum A-1 , the document that defines the implementation process for the Project, including specific tasks that are the responsibility of TriTech and the Client. 3.26 "Subcontractor" mean s an y entity identified m the Statement of Work as subcontractors to TriTech , if applicable. 3 .27 "Subcontractor Hardware" means the hardware supplied by a Subcontractor a s part of its Subsystem , and identified in Addendum A-6, if applicable. 3.28 "Subcontractor Software" means software supplied by a Subcontractor as part of its Subsystem and listed in Addendum A-6 , if applicable. 3 .29 "Subsystem " means each of the applications described in the Statement of Work, including its Equipment, other hardware and software. In most cases , the Subsystem software will share Equipment. (For the avoidance of doubt, the applicable Inform core applications, e.g. Inform CAD, Inform Mobile, Inform RMS , are Subsystems under this Agreement.) 3.30 "Subsystem Software" mean s individually or collectively the Software provided under this Agreement for each of the Subsystems. 3 .31 "System" means collectively all Subsystems that make up the integrated Computer System referred to in Section 1.2 of thi s Agreement and more fully described in the Statement of W ork. 3.32 "System Software" means the Software identifi ed in Addendum A-5 which include s, without limitation , operating system software, DBMS Software, and communications software. 3.33 "Ta sk Completion Report" or "T CR" means the document presented by TriTech 's Project Manager to the Client upon completion of a Deliverable. 3 .34 "Telephone Support" mean s the service provided by TriTech for access to the TriTech C ustomer Service D epartment by telephone a s further defined in a Software Support Agreement. 3.35 "Tri Tech Business Hours " means TriTech 's corporate busines s hours of 8:30 a.m. to 5:30 p.m. (Pacific Time), Monday through Friday, excluding TriTech holidays. 3.36 "Tri Tech Software" means the Object Code version of th e software specified in Addendum A-2 of this Agreement , and an y Modifications provided hereunder. 3 .37 "Update" means re visions or additions to Software provided by the Vendor thereof. The term "Update" does not include separate modules or function s that are separately licensed and priced, or new products that are developed and marketed as s eparate products by the Vendor. Harn ett County Communi cati ons Copyri ght © 2019 T riTec h Software System s Un publ ished : Ri g ht s reserved under the copyright Jaws of the Un ited States Page 8 of 41 System Purch ase Agreement 071519 HCBOC Page 339 3.38 "Use " means copying of any portion of Software from a storage unit or media into a computer or Server and execution of the software thereon. This term shall be construed to refer to a grant ofreproduction rights under 17 U.S.C. 106(1), and shall not be construed to grant other rights held by the copyright owner, including without limitation the right to prepare derivati ve works . 3.39 "User" means the operator of a Subsystem Workstation that is configured to access and /or utili ze the capabilities and features of the Subsystem Software. 3.40 "Vendor" means any supplier of hardware, Software or services under this Agreement, including TriTech, Subcontractors, System Software suppliers and Equipment suppliers. With respect to Software, this term will also mean the owner of the intellectual property rights , including copyright, to the software. 3.41 "Workstation" means any computer input station that utilizes the functionality of a Subsystem , whether applicable software resides locally or on a Server. 4.0 PRICES AND PAYMENT 4 .1 Unless otherwise stated herein, all dollar amounts contained in this Agreement are in U.S . dollars . The Contract Price for the purchased and/or licensed item s hereunder is specified in Addendum A-8. Client shall pay the Contract Price without deduction or offset on the terms specified in Addendum A-7 , pursuant to invoices is sued by TriTech which shall be due upon receipt unless otherwise stated in the invoice. 4 .1.1 For each payment milestone identified in Addendum A-7, TriTech 's Project Manager will pro vide the Client with a T CR. TriTech may invoice the payment milestone upon Client's signature of the TCR or expiration of the period for signature as provided in the Statement of Work or a TCR. 4.1.2 The Contract Price for the Deli verables and Services defined in Addendum A-2 through Addendum A-8 is based on a firm fixed price, subject to the following adjustments. In the e vent that Client in its sole discretion chooses to del ay implementation of any Deliverable for more than six (6) months beyond the Go Live date set forth in the Project Schedule, and the then current pricing for such Deliverable(s) including applicable Services has increased since the date of execution of this Agreement, such then current pricing will apply. A change order for signature by both Parties will be processed to adju st the Contract Price. 4.2 All amounts due and payable to TriTech hereunder shall , if not paid when due, bear a late charge equal to one and one-half percent (1-1/2%) per month , or the highest rate permitted by law, whichever is less , from their due date until paid . The remittance address for payments onl y is : TriTech Software Sys tem s P .O. Box 203223 Dallas , TX 75320-3223 Harnett Coun ty Communications Copyrigh t © 20 19 TriTech Software Systems Un publi sh ed : Rights res erved u nder th e copyright laws of the Uni ted States Page 9 of 4 1 Syst em P urcha se Agre eme nt 071519 HCBOC Page 340 4.2.1 In the event that Client is in arrears on payments due to TriTech of more than sixty (60) days from the due date, TriTech in its sole discretion may elect to stop work on the Project or any services (including Software Support) until Client becomes current on all payments due. In such event the Project Schedule will be adjusted accordingly, and TriTech shall not be considered to be in default for delays caused by such adjustment or Client's non-payment. 5.0 SOFTWARE LICENSES 5.1 In consideration for , and subject to, the payment of the license fee(s) specified in Addendum A-8 of this Agreement, and the other promises, covenants and conditions herein, Client is granted the following licenses to the Software: 5 .1.1 The TriTech Software: A perpetual (unless tenninated as provided herein), nontransferable , nonexclusive right and license to Use the TriTech Software and the Documentation for said Software for Client 's own internal use for the applications described in the Statement of Work, at the Designated Location, in the applicable environment (e.g., Production, Test, Training, or Disaster Recovery System) and in the quantity set forth in Addendum A-2. Client may make additional copies of the TriTech Software as reasonably required for archival or backup purposes, provided that such copies contain all copyright notices and other proprietary markings contained on the original and are kept confidential in accordance with Section 8.0 herein. Additional TriTech Software licenses purchased after the execution of this Agreement shall also be licensed in accordance with the provisions of this Section 5.0. Client shall not Use , copy, rent , lease, sell , sublicense, create derivative works from/of, or transfer any Software or Documentation, or permit others to do said acts, except as provided in this Agreement or the applicable Software license agreement. Any such unauthorized Use shall be void and may result in immediate and automatic termination of the applicable license , at the option of the applicable Vendor. In such event , Client shall not be entitled to a refund of any license fees paid. Software (including without limitation Subsystem Software) may not be used to operate a service bureau or time-sharing service, outsourcing service, application service prov ider service or other services or businesses that provide computer-aided vehicle dispatching to third parties. Notwithstanding, Client shall be entitled to Use Subsystem Software at the applicable Designated Location for the purpose of the application(s) described in the Statement of Work to provide services for itself and other governmental agencies/entities in the county and state of the Designated Location, provided that the Subsystem Software is installed and operated at only one physical location. 5.1.1.1 Each copy of the TriTech Software provided under this license that is identified in Addendum A-2 of this Agreement as a Disaster Recovery license may be used in the event of a failure, malfunction or other out of service condition of its Production System. In the event the Production System fails to operate, live operations may transfer to the Disaster Recovery System until the Production System returns to normal operational mode, provided that Software is not simultaneously operating on both the Production System and Disaster Recovery System. 5 .1.1.2 Notwithstanding anything to the contrary in this Section, if Client has purchased the Inform CAD API license, Client may use such Software to develop original · applications which interface with the TriTech Software. The development and use of such Ham ett C ounty Communications Copyright © 201 9 Tri Tech Software Systems Unpubli shed : Ri ghts reserved under the copyrig ht laws of th e United States Page 10of 4 1 System Purchase Agreement 071519 HCBOC Page 341 interfacing applications is specifically permitted under the licenses herein and shall not be deemed derivative works provided that they are not , in fact, derived from the TriTech Software or the ideas, methods of operation, processes , technology or know-how implemented therein. Other than the licenses granted herein, Client shall not acquire any right, title or interest in the TriTech Software by virtue of the interfacing of such applications , whether as joint owner, or otherwise. Likewise, TriTech shall not acquire any right, title or interest in such Client developed non-derived applications , whether as owner, joint owner or otherwise. 5.1.2 Subscription Services: If applicable, the terms and conditions for use of the TriTech Subscription Services are set forth in the Subscription Service Use & License Agreement attached as Addendum E. 5.1.3 Subcontractor Software: Licenses for any Subcontractor Software are set forth in Addendum D. 5.1.3 System Software: The licenses set forth in the applicable Vendor's license agreements that accompany Software are incorporated herein. Third party products providing supplemental software code to the TriTech Software and not subject to separate licensing provisions shall be licensed in accordance with the provisions of this Section 5. 5.2 Title to all TriTech Software or Documentation shall remain with TriTech. Title to any third party Software or Documentation shall remain with the applicable Vendor or original licensor. 5.3 The Software licenses granted in this Agreement or in connection with it are for Object Code only and do not include a license or any rights to Source Code whatsoever except as specifically provided under Section 11.0 (Source Code Escrow). 5.4 Client may not export any Software or Documentation outside the United States without further prior written agreement of TriTech or the applicable Subcontractor. In the event of such agreed export, Client is responsible for complying with all applicable export laws or regulations. Software is provided with RESTRICTED RIGHTS. Use , duplication , or disclosure by applicable government agencies is subject to restrictions as set forth in subparagraph ( c) 1 )(ii) of the DF ARS 252.227-7013 or subparagraphs (c)(l) and (2) of 48 CFR 52.227-19, as applicable. 5.5 These licenses are effective until surrendered or tenninated hereunder or under the terms of the applicable license agreements. 5.6 Client may surrender any Software licenses provided in connection with this Agreement at any time by performing the actions described in Section 12.3 of this Agreement, or the applicable license agreement. Such surrender shall not affect TriTech's right to receive and retain the Contract Price or other fees , charges and expenses earned hereunder. Hamett County Communica tions Copyrig ht © 2 01 9 TriTech Soft ware System s Unpubli shed : Rights re served under the copyright laws o f th e United States Page 11 o f4 l Sys tem Purchase Agreement 071519 HCBOC Page 342 6.0 DELIVERY, INSTALLATION, SERVICES, TITLE TO EQUIPMENT, AND RISK OF LOSS 6.1 TriTech will Deliver the items purchased and/or licensed hereunder and perform the services pursuant to the Statement of Work, subject to the provisions of Section 19.0 of this Agreement, and further subject to delays caused by the actions or omissions of Client or its agents, including, but not limited to , delays in approval of the Specifications, training and/or system configuration. Unless specifically identified as a TriTech task in the Statement of Work, Installation of Workstations into consoles, furniture or similar work area components at Cli ent 's Designated Location is the responsibility of Client. 6.2 As further defined in the Statement of Work, TriTech will appoint a Project Manager who will act as the primary point of contact for TriTech's services for the implementation process in the Project. Any services desired by Client in addition to those specified in this Agreement or the Statement of Work will be subject to the availability and scheduling ofTriTech (or Subcontractor) personnel and at TriTech's (or the Subcontractor's) then-current rates, plus expenses. Prior to performing any of the aforementioned additional services, Tri Tech will provide a written quotation detailing the price (or time and materials estimate) for such services. TriTech may subcontract with certain Vendors that provide hardware, Software and /or services in connection with the Project (as more fully described in the Statement of Work), and (iii) pass through to Client warranties received from the Vendors thereof. Should any Subcontractor hereunder be in default (provided such default is not due to any fault or delay of Client or its agents, due to any third party, or due to an event of Force Majeure, Tri Tech may either continue to perform the duties of the Subcontractor to fulfill the obligations for the Subcontractor in accordance with the Statement of Work, or provide an alternative solution; provided, however, that in no event will TriTech's re sponsibility for any Subcontractor's default exceed the price for such Subcontractor's portion of the Contract Price. 6.3 The Statement of Work will define the implementation process for the Deliverables and services to be provided under this Agreement, including implementation of the Subsystems and Interfaces , testing , training; as well as the responsibilities of both TriTech and the Client for the relevant tasks associated with the Project. 6.4 The Project Schedule will define the timeframe for completion of Project Milestones and the party or parties involved in performing the task , e.g. TriTech, Client, or Subcontractor. 6.5 Title to all Equipment purchased under this Agreement shall not transfer to Client until payment for such Equipment has been remitted to TriTech. 6.6 Risk of loss of any Deliverable shall be borne by TriTech until Delivery of the Deliverable to Client. Thereafter, the risk of loss shall be borne by Client. 6. 7 Unless provided a s a fixed fee , fre ight costs , or travel costs incurred and invoiced by TriTech in connection with services rendered under this Agreement shall be paid by Client upon receipt of invoice. All travel costs and arrangements will be made in accordance with TriTech 's standard travel policy, a copy of which will be provided to Client upon request. Ham e tt Co unty Communication s Copyri gh t © 20 19 Tri Tech Softwar e System s Unpublish ed: Ri ghts reserved und er th e copyri ght laws o f t h e United States Page 12 o f 41 System Purchase Agreement 071519 HCBOC Page 343 6.8 TriTech retains and Client hereby grants to TriTech a purchase money security interest in the Software licenses, Equipment, and other items acquired hereunder and in all accessions to , replacement of, and proceeds from said items, as security for the payment of the Contract Price. As used in this paragraph, "proceeds" include whatever is receivable or received when proceeds or collateral is sold, collected, exchanged or otherwise disposed of, whether such disposition is voluntary or involuntary, and includes, without limitation, all rights to payment, including return premiums, with respect to any insurance related thereto. (Nothing herein shall be deemed to grant or constitute a right to Client to transfer any Software licensed hereunder to any third party.) Client shall, at TriTech's request, sign a financing statement and such other documents as TriTech reasonably requires to perfect its security interest. Such security interest shall be released upon full payment of the Contract Price. 6.9 Until full payment of the Contract Price is made, Client shall maintain the items purchased/licensed under this Agreement in good order and repair at Client's expense, except as otherwise provided under the warranty provisions of this Agreement or any applicable third party warranty, and shall use such items in a manner that will not subject them to waste or deterioration. 6.10 Client shall not, without the prior written consent of Tri Tech, sell , lease, encumber or otherwise dispose of the items purchased under this Agreement until TriTech's security interest hereunder has been released. (Nothing in the foregoing shall be deemed to grant or imply any license or other right to Client to sell, lend, rent, lease or otherwise transfer the TriTech Software to a third party.) 6.11 Should Client (i) fail to pay any amount specified in this Agreement when it becomes due, (ii) fail to perform any provision of this Agreement to be performed by it, (iii) make an assignment for the benefit of creditors, (iv) suffer the appointment of a receiver for any substantial part of its assets, (v) institute any proceedings for dissolution or full or partial liquidation, or (vi) commence proceedings in bankruptcy for liquidation or reorganization, Client shall be in default of this Agreement under Article 9 of the Uniform Commercial Code, and TriTech shall have the rights and remedies afforded a secured party by the chapter of "Default" of Article 9 of the Uniform Commercial Code then in effect, subject to Section 12 .1 herein. In conjunction with the above-named chapter, but not by way oflimitation, TriTech may: 6.11.1 Require Client to disassemble the Equipment, other hardware, and permanently remove the Software from Client's computers or other storage media or locations and make all such items available to TriTech at Client's premises or such other location as is mutually agreed by the Parties. 6.11.2 Render said Software unusable. 6.11.3 Apply the proceeds received from the sale or other disposition of the equipment or software acquired hereunder, in addition to the items specified in Article 9 of the Uniform Commercial Code, against payment of reasonable attorneys ' fees and legal expenses incurred by TriTech as a result of Client's default. Hamett County Com munication s Copyright © 20 19 Tri Tech Software Systems Unpubli sh ed : Ri ght s reserved under th e copyright laws of the United States Page 13 of41 System Purchase Agreement 071519 HCBOC Page 344 7.0 SITE PREPARATION 7.1 Client agrees to provide, in a timely manner and at its own ex pense, required facilities and equipment specified in the Statement of Work , Addendum A-9 (the System Planning Document), the Documentation, or as otherwise specified by TriTech in writing. 8.0 CONFIDENTIALITY AND PROPRIETARY RIGHTS 8.1 TriTech agrees to maintain Client's confidential business information and confidential data , including patient identifying data, to which TriTech gains access in confidence and to not disclose such information except as required to perform hereunder or as required by law. Client will use reasonable efforts to identify or designate information or data as confidential at or within five (5) business days of disclosure. Notw ithstanding the above, the applicable Vendor or original licensor shall own the copyrights, trade secrets, patent rights and other proprietary rights in and may use without restriction knowledge, information, ideas, methods, know-how, and copyrightable expression learned or acquired (including without limitation any feedback, suggestions, or other infonnation or materials) as a result of or in connection with this Agreement to make modifications and enhancements to Software or Documentation. Client shall acquire no intellectual property ownership rights to Software or Documentation as a result of such use, whether as author, joint author, or otherwise. Confidential information does not include any information which (a) is generally available to the public or becomes generally known to the public through no act or omission of TriTech or any violation of confidentiality; (b) is disclosed to TriTech by third parties without breach of confidentiality obligations; (c) is already in the lawful or rightful possession ofTriTech prior to receipt of the confidential infonnation or ( d) is developed independently by TriTech without use of the confidential information . 8.1.1 Tri Tech maintains a security program for security managing access to client data -particularly HIP AA and CJIS information ("Security Approved Personnel"). Thi s includes 1) a pre-employment background check ; 2) security training required by Federal CJIS regulations; and 3) criminal background checks/fingerprints required by Federal or State regulations. TriTech will work with the Client to provide reasonably required documentation (such as the CJIS Security Addendum Certification form and VPN documents). 8.1.1.1 If required by the Client, TriTech will prov ide paper fingerprint cards for such Security Approved personnel with the fingerprinting performed in the state of the TriTech staff's job assignment. If the Client requires fingerprints submitted in a fonn other than paper prints (such as Li ve Scan) or that such fingerprints be performed at the Client's site, the Client will reimburse TriTech for the cost of TriTech Security Approved Personnel traveling to the Client 's site or for a vendor (such as Li ve Scan) to travel to the applicable TriTech office location. This provi sion will apply during the installation of the Project and for the duration of the Client's Software Support Agreement. 8.2 Client understands and agrees that the Software and Documentation (including without limitation Subsystem Software and Documentation) including, but not limited to , the Source Code, Object Code, the OSDs , IRDs and FATs, the Statement of Work, the software design, structure and organization, software screens, the user interface and the engineering know- how implemented in the software, together with any other information identified by TriTech or a Hamett County Communi cations Copyright © 2019 TriTech Software Systems Unpublished : Right s reserved under the copyright laws of the United States Pa ge 14 of41 System Purc h ase Agreement 071519 HCBOC Page 345 Vendor as confidential or proprietary (collectively "Vendor Proprietary Information" or "VPI ") constitute the valuable properties and trade secrets of the Vendor thereof, embodying substantial creative efforts which are secret , confidential, and not generally known by the public, and which secure to the Vendor a competitive advantage. 8.2.1 The material presented in TriTech's training courses is VPI and not intended for public disclosure or disclosure to third parties. Clients may videotape training sessions provided on-site at the Client's facilities by TriTech staff for the Client's own internal use only; provided, however, that the Tri Tech training staff have consented in writing to such videotaping. The Client is responsible for managing secure access to and copying or distribution of any Tri Tech provided training materials or Client-made videotapes of TriTech training sessions . 8.3 Client agrees during the term of the license granted under this Agreement, and thereafter, to hold the VPI, including any copies thereof and any documentation related thereto , in strict confidence and to not permit any person or entity to obtain access to it except as required for Client's exercise of the license rights granted hereunder. Nothing in this Agreement is intended to or shall limit any rights or remedies under applicable law relating to trade secrets, including the Uniform Trade Secrets Act as enacted in applicable jurisdictions. 8.4 Client shall not attempt or authorize others to attempt to learn the trade secrets, technology, ideas, processes, methods of operation, know-how and/or confidential information contained in the Software by duplication , decompilation, disassembly, other forms of reverse engineering, or other methods now known or later developed . Client may not access or allow access to Source Code by any person and for any reason unless expressly authorized by Section 11.0 (Source Code Escrow) herein. 8.5 Client shall inform TriTech promptly m writing of any actual or suspected unauthorized Use, copying, or disclosure of VPI. 8.6 If any VPI is subject to any Federal or State statutes(s) providing for public access or disclosure of public records, documents or other material , Client shall as allowed by law (i) provide to TriTech (and , if applicable the concerned Subcontractor) written notice of any request or other action by a third party under said statute(s) for release , access , or other disclosure thereof, (ii) provide to TriTech (and , if applicable the concerned Subcontractor) a reasonable opportunity to respond to and /or oppose such action in the appropriate forum and (iii) take such steps as are permitted under said statutes to assert in response to such action any exemptions or other protections available thereunder to prevent, restrict and /or control the public release, access and/or disclosure of the VPI. 8.7 The obligations specified under this Section 8 shall survive any termination or rescission of this Agreement. 9.0 LIMITED WARRANTIES 9.1 The TriTech Software provided under this Agreement is provided "as is", without warranty of any kind. As an existing Client, support for the TriTech Software will begin upon the date of Go Live as further defined in the Software Support Agreement. Hamett County Communications Copyri gh t © 201 9 Tri Tech Softwa re Syst em s Unpubli shed: Ri ghts reserved und e r th e copyright laws of th e United St ates Pag e 15 of 41 System Purchase Agreem ent 071519 HCBOC Page 346 9.2 If mapping information is supplied with the TriTech Software, TriTech makes no representation or warranty as to the completeness or accuracy of the mapping data prov ided with the TriTech Software. The completeness or accuracy of such data is solely dependent on the information supplied by the Client or the mapping database vendor to TriTech. 9 .3 Problems in the TriTech Software or transmission of data caused by wireless services, including cell phone carriers, cell phone devices and operating systems, and any personal settings on the devices are not warranted by Tri Tech, or covered under the terms of this Agreement. Client's use of services provided by wireless service providers or carriers, or transmission of data from cell phone carriers, cell phones and operating systems, and the security, privacy, or accuracy of any data provided via such services is at Client's sole risk. 9.4 Client is responsible for maintaining the required certifications for access to Client's state CJIS system(s), NCIC and any local state, federal or other applicable systems. 9 .5 Any warranties for the Tri Tech Subscription Services, if applicable, are only as set forth in the TriTech Subscription Service Use & License Agreement provided at Addendum E. 9.6 Equipment, System Software and Subcontractor Hardware and Software, and any other items or services provided under this Agreement and not manufactured by TriTech (collectively "Third Party Items") are warranted by the manufacturers or Vendors thereof, not by TriTech. TriTech shall pass through to Client all warranties on Third Party Items which TriTech is permitted to pass through to Client. If, during the warranty period for Third Party Items Client determines that they do not perform as warranted, Client shall contact TriTech using the procedures described in the Software Support Agreement. 9.7 EXCEPT AS SPECIFICALLY STATED IN THIS SECTION 9, TRITECH MAKES AND CLIENT RECEIVES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TRITECH RESELLS AND PASSES THROUGH THIRD PARTY PRODUCTS ON AN "AS IS, WHEN AVAILABLE" BASIS. TRITECH DOES NOT REPRESENT OR WARRANT THAT ANY TRITECH PRODUCT OR THIRD PARTY ITEMS, INCLUDING HARDWARE, SOFfW ARE OR SERVICES, WILL BE FREE FROM ERRORS, DEFECTS OR INFRINGEMENT. 10.0 MAINTENANCE AND SOFfW ARE SUPPORT 10.1 The Tri Tech Software. Software Support shall begin upon the date of first Go Live for any Subsystem and end twelve (12) months thereafter. Software Support is subject to and will be provided in accordance with the terms of the Software Support Agreement to be entered into between the Client and TriTech coincident with this Agreement. 10.2 TriTech Subscription Services. Support terms for the TriTech subscription services, if applicable, are set forth in the TriTech Subscription Service Use & License Agreement provided at Addendum E, and shall govern in the event of a conflict between Addendum E and the Software Support Agreement. Hamett Coun ty Communi ca ti ons Copyright © 2019 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States Page 16 of 41 Syst em Purchase Agreement 071519 HCBOC Page 347 10.3 System Software. Client is responsible for maintaining licensing, including updates for System Software. 10.4 Subcontractor Hardware and Software. The initial twelve (12) month maintenance and support period for those Vendors identified in Addendum A-6 will be provided to Client by the respective Vendors as Subcontractors to TriTech. During this time , Client shall contact TriTech in accordance with the procedures in the Software Support Agreement to report any errors or defects detected with respect to such items. During this time; TriTech shall assist Client in determining the nature of the problem, and will contact the appropriate Vendor for resolution; TriTech will use commercially reasonable efforts to follow-up with the Vendor and maintain contact with both the Vendor and Client to coordinate problem resolution. Support and maintenance will be provided in accordance with the respective Vendor 's support and maintenance agreements , attached hereto at Addendum C. At the conclusion of such initial annual maintenance and support period, maintenance and support shall be subject to and provided in accordance with any maintenance agreements between Client and the respective Vendors. TriTech shall not be a party to such maintenance and support agreements nor shall TriTech have any liability thereunder. Thereafter, provided that Client maintains in force an annual TriTech Software Support Agreement, Client may contact TriTech in accordance with the Software Support Agreement, and TriTech shall provide Help Desk services to Client with respect to the reported problem only to the extent relating to TriTech Software or determining if the problem is due to any third party or Vendor other than TriTech. If the problem is due to a third party or Vendor other than TriTech, Client is responsible for contacting the Vendor or third party for any further support or maintenance services for the problem. TriTech has no obligations to provide maintenance or support for any non-TriTech Software except as specifically provided in this Section 10.4. 10.5 Equipment. Maintenance and support for all Equipment sold hereunder is not included under this Agreement. However, because proper computer equipment maintenance is required for proper system operation, Client agrees to acquire and keep in force computer and peripheral equipment maintenance agreements for the equipment used to operate the TriTech Software or to provide such maintenance in-house with qualified personnel. If Client determines that an item of Equipment provided under this Agreement does not perform as provided in the applicable specifications, Client may, provided that a current Software Support Agreement with TriTech is in force , contact TriTech using the procedures described in the Software Support Agreement. TriTech shall thereupon provide Help Desk services to Client as provided in the then- applicable Software Support Agreement. Notwithstanding the above, TriTech is not and shall not be a party to such third party maintenance agreements nor shall TriTech have any obligation or liability thereunder. 10.6 If, at any time after installation of the System, Client desires to load on a Workstation or Server any software not provided by TriTech, it shall, before loading such software, follow the procedures regarding third party software compatibility in the TriTech Documentation, and contact the TriTech Customer Service Department at the telephone numbers listed in the Software Support Agreement for assistance as required. Such action shall not constitute approval, express or implied, for the loading of specific software on a Workstation or Server, nor any express or implied warranty, representation or other obligation by TriTech with respect to such software, including but not limited to its suitability, operability or capability to meet Client's needs or expectations. Client agrees that if the loading of such third party Harnett County Commun icati o ns Co pyright © 2 0 19 TriTech Soft ware Systems Un publi shed: Ri ghts reserved un der th e copyright laws o f the United States Page 17 of41 System Purchase Agreement 071519 HCBOC Page 348 software degrades the performance of the System, Client shall immediately uninstall such software. Client shall absolve, discharge and release TriTech from any obligations or liabilities related to operation or performance of the System, the TriTech Software, Subcontractor Software, or any other item provided by TriTech under this Agreement, including but not limited to an y liabilities for damages related thereto in connection with the installation of such third party software. 11.0 INTENTIONALLY LEFT BLANK 12.0 DEFAULT AND TERMINATION 12 .1 TriTech may terminate this Agreement and the.Tri Tech Software licenses granted herein at any time if (i) Client fails to comply with any material term or condition of this Agreement unless (a) in the case of failure to pay monies due to TriTech, Client cures such failure within fifteen (15) days after written notice of such failure by TriTech or (b) in other cases, Client cures such failure(s) within thirty (30) days of such notice or in the case of failures which are curable, but not reasonably susceptible to cure within thirty (30) days , Client commences action to cure such failure within such period and continues such action with due diligence until the failure is cured, or (ii) Client's normal business operations are disrupted or discontinued for more than thirty (30) days by reason of insolvency, bankruptcy, receivership or business termination. Such termination shall not affect TriTech's right to receive and retain the Contract Price and other fees, charges and expenses earned hereunder. 12.1.1 In the event of termination in accordance with Section 12.1 above, other Vendors providing software licenses may also terminate such licenses granted to Client related to this Agreement, in addition to and without limiting any other rights or remedies TriTech or such Vendors may have. 12.2 Client may terminate this Agreement if (i) TriTech fails to comply with any material term or condition of thi s Agreement unless (a) TriTech (or, if necessary, a Subcontractor) cures such failure within thirty (30) days after written notice thereof from Client or (b) in the case of failures which are curable but not reasonably susceptible to cure within thirty (30) days, TriTech (or the applicable Subcontractor) commences action to cure such failure within such period and continues such action with due diligence until the failure is cured, (ii) TriTech's normal business operations are disrupted or discontinued for more than thirty (30) days by reason of insolvency, bankruptcy, receivership or business termination and no successor or assignee is appointed who is ready , willing and able to assume and perform TriTech 's executory obligations under this Agreement; or (iii) in the event that public funds are not available and not appropriated for the performance of Client's obligations under this Agreement, then thi s Agreement shall automatically expire without penalty to Client 30 days after written notice to TriTech of the non-appropriation of public funds. Client shall provide its best efforts to secure the necessary funding to facilitate the performance and obligations of this Agreement. 12.1 Upon termination, Client shall permanently remove and destroy all copies of the Software from its computer system, media, or other locations , destroy all copies of the Documentation and associated materials of VPI and certify to TriTech in writing that Client has Hamett County C ommuni cati on s Copyright © 2019 TriTech Software Sys tem s Unpubli shed: Righ ts reserved un der the copyrigh t laws of the United States Page 18 o f41 Sy stem Purch ase Agreement 071519 HCBOC Page 349 performed said actions and has not retained or permitted others to retain any such copies whether on a computer system or Server, hard copy or CD-ROM, magnetic or other media, backup or archival copies , or otherwise. Client shall perform these same procedures for removal and destruction of System Software and Subcontractor Software, and the associated Documentation, and so notify TriTech. 13.0 LIABILITY 13. I Tri Tech shall indemnify, defend, save, and hold Client harmless from any and all claims, lawsuits or liability, including attorneys' fees and costs, to the extent arising out of any loss, damage or injury to persons or tangible personal property arising from a wrongful or negligent act, error or omission of TriTech, its employees, agents, contractors, or any Subcontractor; however, TriTech shall not be required to indemnify Client for any claims or actions to the extent due to the negligence or wrongful act of Client, its employees, agents, or contractors. Notwithstanding anything to the contrary in the foregoing, if a claim, lawsuit or liability results from or is contributed to by the actions or omissions of Client, or its employees , agents or contractors, TriTech 's obligations under this provision shall be reduced to the extent of such actions or omissions based upon the principle of comparative fault. 13.2 NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF TRITECH FOR ANY CLAIM OR DAMAGE ARISING FROM OR OTHERWISE RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, BY WAY OF INDEMNIFICATION OR UNDER STATUTE OR WARRANTY SHALL BE LIMITED TO DIRECT DAMAGES WHICH SHALL NOT EXCEED THE CONTRACT PRICE. 13 .3 Except for actions for copyright, trade secret, or trademark infringement, no action or proceeding arising out of any claimed breach of this Agreement or transaction may be brought by either Party more than four ( 4) years after the cause of action has accrued , unless barred by the applicable statute of limitations. 13.4 To the extent allowed by law , Client shall indemnify and hold TriTech harmless from any and all claims, lawsuits or liability, including attorneys' fees and costs , allegedly arising out of, in connection with, or incident to any loss , damage or injury to persons or property or arising from a wrongful or negligent act , error or omission of Client or, its employees, agents , contractors, or any subcontractors as a result of the use or misuse of the TriTech Software. 13.5 IN NO EVENT SHALL EITHER PARTY OR ITS SUBCONTRACTORS OR SUPPLIERS BE LIABLE WHETHER IN CONTRACT OR IN TORT FOR LOST PROFITS, LOST SA VIN GS, LOST DATA, LOST OR DAMAGED SOFTWARE, OR ANY OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF, OR OTHERWISE RELATED TO THIS AGREEMENT, REGARDLESS OF .WHETHER A PARTY HAS NOTICE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. 14.0 INSURANCE 14. l Beginning at the start ofTriTech 's performance under this Agreement, and ending when TriTech is no longer providing to Client Software Support, TriTech shall maintain in force Harnett County Communication s C opyright © 2 01 9 TriT ech Softwar e Systems Unpubli shed : Ri ghts re se rved und er th e copyright law s of the United States Page 19 of41 System Purchase Agreement 071519 HCBOC Page 350 a policy of General Liability Insurance with coverage limits of $1,000,000 per occurrence, $2,000,000 aggregate. 14.2 Upon the written request of Client, Tri Tech shall cause Client to be added as an additional insured to the above-described policy. 15.0 COPYRIGHT & TRADE SECRET INFRINGEMENT 15.1 TriTech will at its expense defend against any claim , action or proceeding by a third party ("Action" herein) to the extent due to claimed infringement by the TriTech Software of copyright or trade secrets, provided that Client immediately notifies TriTech in writing of such Action and cooperates fully with TriTech and its legal counsel in the defense thereof. TriTech may in its discretion (i) contest, (ii) settle, (iii) procure for Client the right to continue using the TriTech Software, or (iv) modify or replace the TriTech Software so that it no longer infringes (as long as substantially a11 the functionality and performance described in the Specifications remains). Client may participate in the defense of such Action at its own expense. If TriTech concludes in its sole judgment that none of the foregoing options are commercially reasonable , and Client's use of the TriTech Software is permanently enjoined as a result of a judgment of a court of competent jurisdiction in such Action , then TriTech will return to Client the TriTech Software license fee(s) paid by Client under this Agreement less a prorated portion of said fee(s) for Client's use of the TriTech Software ( calculated by multiplying the ratio of the number of months of actual Use in Live Operations to thirty-six (36) months times the license fees paid) and the licenses granted in this Agreement shal1 terminate. In addition , in the event such Action results in a money judgment against Client which does not arise, wholly or in part, from the actions or omissions of Client, its officers, directors , employees, contractors, agents, or elected officials, or a third party, TriTech will, subject to Section 13.0 herein, indemnify Client therefrom to the extent indemnification for such judgment is not provided under Client 's insurance policies (unless Client is self-insured in which case the preceding clause shall not apply). 15 .2 Notwithstanding the above, TriTech shall have no duty under this Section 15.0 with respect to , and Client sha11 hold TriTech harmless from and against any claim, action or proceeding (i) arising from or related to infringements by System Software, Subcontractor Hardware or Software, or Equipment, (ii) arising out of modifications to the TriTech Software and /or Documentation not made by or under the direction of TriTech, (iii) resulting from use of the TriTech Software to practice any method or process which does not occur wholly within the TriTech Software, or (iv) resulting from modifications to the TriTech Software or Documentation prepared pursuant to specifications or other material furnished by or on behalf of Client. This Section 15.0 states the entire obligation of Tri Tech regarding infringement of inte11ectual property rights, and it will survive the termination of this Agreement. 16.0 DISPUTE RESOLUTION 16.1 The Parties desire to first attempt to resolve certain disputes , controversies and claims arising out of this Agreement or any Addenda hereto before a Party begins litigation. Prior to commencing litigation, at the written request of either Party , the Parties agree to meet onsite at the Client's location, and negotiate in good faith to resolve any dispute arising under this Agreement. Each Party shall be responsible for its associated travel costs. If the above Hamett County Communications Copyright © 2019 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States Page20 of 41 System Purchase Agreement ' 071519 HCBOC Page 351 negotiations do not resolve the dispute with sixty (60) days of the initial written request, either Party may take appropriate legal action. 17.0 SALES, USE AND PROPERTY TAX 17.1 Unless exempt from such taxes, Client shall be solely responsible for payment or reimbursement to TriTech of all sales, use, value added or other taxes imposed upon this Agreement by any level of government, whether due at the time of sale or asserted later as a result of audit of the financial records of either Client or TriTech. If exempt, Client shall provide to TriTech written evidence of such exemption. Client shall also pay any personal property taxes levied by government agencies based upon Client's use or possession of the items acquired or licensed in this Agreement. 18.0 SEVERABILITY 18.1 If any term, clause, sentence, paragraph, article, subsection, section, provision, condition or covenant of this Agreement is held to be invalid or unenforceable, for any reason , it shall not affect , impair, invalidate or nullify the remainder of this Agreement, but the effect thereof shall be confined to the term, clause, sentence, paragraph , article , subsection, section, provision, condition or covenant of this Agreement so adjudged to be invalid or unenforceable. 19.0 FORCE MAJEURE/EXCUSABLE DELAY 19.1 Neither Party shall be responsible for failure to fulfill it s obligations hereunder or liable for damages resulting from delay in Delivery or performance as a result of war, acts of terrorism, fire, strike, riot or insurrection, natural disaster, delay of carriers, go vernmental order or regulation, complete or partial shutdown of plant, unavailability of equipment or software from suppliers, default of a subcontractor or vendor (if such default arises out of causes beyond its reasonable control), the actions or omissions of the other Party or its officers, directors, employees , agents, contractors or elected officials and/or other similar occurrences beyond the Party's reasonable control ("Excusable Delay" herein). In the event of any such Excusable Delay, Delivery or performance shall be extended for a period of time as may be reasonably necessary to compensate for such delay. 20.0 CONSTRUCTION AND HEADINGS 20.1 The division of this Agreement into sections and the use of headings of sections and subsections are for convenient reference only and shall not be deemed to limit, construe, affect, modify, or alter the meaning of such sections or subsections. 21.0 WAIVER 21.1 The failure or delay of any Party to enforce at any time or any period of time any of the provisions of this Agreement shall not constitute a present or future waiver of such provisions nor the right of either Party to enforce each and every provision. 2 I .2 No term or provision hereof shall be deemed waived and no breach excused unless Hamett County Communications Copyright © 2019 Tri Tech Software Systems Un published: Righ ts reserved under th e copyright laws of the United States Page21 of41 System Purchase Agreement 071519 HCBOC Page 352 such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to , or waiver of, a breach by the other, whether expressed or implied , shall not constitute a consent to , waiver of or excuse for any other, different or subsequent breach. 22.0 ENTIRE AGREEMENT 22.1 This Agreement and its Addenda or Amendment(s) represent the entire agreement between the Parties hereto and a final expression of their agreements with respect to the subject matter of this Agreement and supersedes all prior written agreements, oral agreements, representations, understandings or negotiations with respect to the matters covered by this Agreement. 23.0 APPLICABLE LAW 23 .1 Except to the extent that this Agreement is governed by the laws of the United States, this Agreement shall be governed, interpreted and enforced in accordance with the laws of the State of North Carolina without regard to its conflict oflaws provisions. 24.0 ASSIGNMENT 24 .1 Neither this Agreement nor any rights or obligations hereunder shall be assigned or otherwise trans ferred by either Party without the prior written consent of the other Party, which consent w ill not be unreasonably withheld ; provided however, that in the event of a merger or acquisition of all or substantially all of TriTech's assets, Tri Tech may assign this Agreement to an enti ty ready, willing and able to perform TriTech's executory obligations hereunder, upon the express written as sumption of the obligations hereunder by the assignee . 25.0 NOTICES 25.1 All notices required to be given under this Agreement shall be made in writing by (i) first-class mail , postage prepaid, certified, return receipt , (ii) by regularly scheduled overnight deli v ery, (iii) by facsimile or e-mail followed immediately by first-cla ss mail , or (iv) by personal delivery, to the address s et forth below, or such other address as prov ided in writing. Such notices shall be deemed given three (3) days after mailing a notice or one (1) day after overnight delivery thereof. To Client: Hamett County Sheriff's Office 175 W. Cornelius Harnett Bl v d. Lillington, NC 27546 Attn : Gary McNeil] Harnett County Communi cations Copyright © 20 19 Tri Tech Software Systems Unpublished: Rights reserved unde r t he copyrigh t laws of the United States Page 22 of 41 To TriTech: TriTech Software Systems 1000 Business Center Drive Lake Mary, FL 32746 Attn: Contracts System Purch ase Agreement 071519 HCBOC Page 353 26.0 ORDER OF PRECEDENCE 26.1 The following documents shall comprise the Agreement between the Parties concerning the subject matter of this Agreement, and in the event of any dispute arising from or related to this Agreement, shall have the following order of precedence: A. This Agreement and all Addenda and other documents attached to or incorporated by reference herein. In the event of a conflict between this Agreement and an Addendum, this body of this Agreement shall take precedence; B. The applicable OSDs, IRDs, IFCDs, and FA Ts. 27.0 GENERAL TERMS 27.1 This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties hereto, but nothing in this paragraph shall be construed as consent to any assignment of this Agreement by either Party except as provided in the ASSIGNMENT section of this Agreement. 27.2 This Agreement shall not become a binding contract until signed by an authorized officer of each Party, and it is effective as of the date so signed. 27.3 This Agreement may be executed in any number of identical counterparts, and each such counterpart shall be deemed a duplicate original thereof. 27.4 The provisions contained herein shall not be construed in favor of or against either Party because that Party or its counsel drafted this Agreement, but shall be construed as if all Parties prepared this Agreement. 27.5 Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural, and the use of any gender, be it masculine, feminine or neuter, shall include all of the genders. 27.6 A facsimile or scanned signature copy of this Agreement, its exhibits and amendments, and notices and documents prepared under this Agreement shall be treated as an original in all respects; the Parties agree that any document in electronic format or any document reproduced from an electronic format shall not be denied legal effect, validity, or enforceability, and shall meet any requirement to provide an original or hard copy. 27.7 This Agreement is made for the benefit of the Parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the Parties to terminate, rescind, or agree to any amendment, waiver, variation or settlement under or relating to this Agreement are n ot subject to the consent of any third party. 27.8 EACH PARTY'S ACCEPTANCE HEREOF IS EXPRESSLY LIMITED TO THE TERMS OF THIS AGREEMENT AND NO DIFFERENT OR ADDITIONAL TERMS CONTAINED IN ANY PURCHASE ORDER, CONFIRMATION, BUSINESS FORM OR OTHER WRITING SHALL HA VE ANY FORCE OR EFFECT UNLESS EXPRESSLY Hamett County Communications Copyri ght © 201 9 TriTech Software Systems Unpubli shed: Ri ghts reserved under th e copyright law s of th e United Sta tes Page 23 of41 System Purchase Agreement 071519 HCBOC Page 354 AGREED TO IN WRITING BY THE PARTIES . 27.9 TriTech understands that E-Verify i s the federal program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with §64-25(5) of the North Carolina General Statutes . Provided that Tri Tech is a person, business entity, or other organiz ation that transacts business in this State and that employs 25 or more employees in this State, then TriTech understands and certifies that they shall verify the work authoriz ation of the employee through E-Veri fy in accordance with §64-26(a) of the North Carolina General Statutes . TriTech further certifies that their subcontractors comply with E- Verify pursuant to federal law , and TriTech will ensure compliance with E-Verify by any subcontractors subsequently hired by TriTech. HARNETT COUNTY TRITECH SOFTWARE SYSTEMS Accepted By (Signature) Accepted By (Signature) Printed Name Printed Name Title T itle Date Date Hame tt County Communi cation s Copyright © 20 19 TriTech Software System s Syste m Purc h ase Agree ment Un p ublished : Rights reserved u nder the copyrig ht laws of th e United States Page 24 of 4 1 071519 HCBOC Page 355 Addendum No. A-1 A-2 A-3 A-4 A-5 A-6 A-7 A-8 A-9 ADDENDUM A PROPRIETARY INFORMA TI0N1 SUMMARY OF CONTENTS Description Statement of Work, with attached Subcontractor Statements of Work which are incorporated herein by reference Number of Tri Tech Software Licenses, and Designated Location TriTech Services, Support and Maintenance Fees, and Miscellaneous Equipment System Software Subcontractor Software, Hardware and Services, if applicable Payment Terms Contract Price Summary System Planning Document I THESE ADDENDA CONTAIN TRADE SECRET AND OTHER PROPRIETARY INFORMATION OF TRITECH SOFTWARE SYSTEMS. THE INFORMATION CONTAINED HEREIN SHALL NOT BE COPIED OR DISCLOSED TO THIRD PARTIES OR USED FOR ANY PURPOSE NOT DIRECTLY RELATED TO PERFORMANCE OF THIS AGREEMENT WITHOUT THE WRITTEN CONSENT OF AN OFFICER OF TRITECH SOFTWARE SYSTEMS. Harnett County Communications Copyright © 2019 Tri Tech Software Syst em s System Purchase Agreement Unpubli sh ed : Rights reserved under the copyright laws of the United States Page 25 of 41 · 071519 HCBOC Page 356 ADDENDUM A-1 PROPRIETARY INF0RMATI0N1 STATEMENT OF WORK (ATTACHED) I THESE ADDENDA CONTAIN TRADE SECRET AND OTHER PROPRIETARY INFORMATION OF TRITECH SOFTWARE SYSTEMS. THE INFORMATION CONTAINED HEREIN SHALL NOT BE COPIED OR DISCLOSED TO THIRD PARTIES OR USED FOR ANY PURPOSE NOT DIRECTLY RELATED TO PERFORMANCE OF THIS AGREEMENT WITHOUT THE WRITTEN CONSENT OF AN OFFICER OF TRJTECH SOFTWARE SYSTEMS. Harnett County Communications Copyright © 2019 TriTech Software Systems Un publi shed: Right s reserved under the copyright la ws of the United States Page 26 of4 1 System Purchase Agreement 071519 HCBOC Page 357 ADDENDUM A-2 PROPRIETARY INFORMA TI0N 1 NUMBER OF TRITECH SOFTWARE LICENSES, AND DES IGN A TED LO CATIO N Inform CAD Software License Fee(s) Unit Price Qty Inform CAD Disaster Recovery System $0.00 1 Inform CAD Mapping $500.00 15 Inform CAD Mapping Test or Training $500.00 1 Inform CAD Position $10,000.00 15 Inform CAD Read Only Pos ition for VisionCAD Monitor $3,000.00 2 Inform CAD Routing Server $18,700.00 1 Inform CAD Server Softwa re (B -6-20 Pos itions) $30,000.00 1 Inform CAD Test or Training System $0.00 1 Inform CAD the Archive Server Software $2 ,500.00 1 Inform CAD The GISLink Utility Position $5,000.00 1 NCICIState Query Position for Inform CAD $500.00 15 Standard Alpha Numeric Paging Interface $9 ,000.00 1 Standard AN IIALI Interface $9 ,000.00 1 Standard EMO In tegration $500.00 15 Standard Station Alert Interface $20,000.00 1 TriTech Message Switch $22,000.00 1 Inform CAD Software License Fee(s) Subtotal: Inform Mobile Software License Fee(s) Unit Price Qty Inform Mobile Base Position with CJISINC IC Forms $1 ,000.00 196 Inform Mobile Serve r Software (C -101 -250 Position s) $45,000.00 1 Inform Mobile Disaster Recovery System $0.00 1 Inform Mobile Mapping $200.00 196 Inform Mobile Mapping Test or Trai ning $200.00 3 Inform Mobile Test or Training System SO.DO 1 Inform Mobile Software License Fee (s) Subtotal: TriTech Upgrade Credit: TriTech Software License Fee(s) Total: Total Price $0 .00 $7 ,500.00 $500 .00 $150,000.00 $6,000 .00 $18,700.00 $30,000 .00 $0 .00 $2,500 .00 $5 ,000 .00 $7 ,500 .00 $9 ,000.00 $9,000 .00 $7,500 .00 $20,000 .00 $22 ,000 .00 $295,200.00 Total Price $196 ,000.00 $45,000.00 $0 .00 $39,200.00 $600.00 $0 .00 $280,800.00 ·($-509,500.00 $66,500.00 I THESE ADDENDA CONTAIN TRADE SECRET AND OTHER PROPRIETARY INFORMATION OF TRITECH SOFTWARE SYSTEMS. THE INFORMATION CONTAINED HEREIN S HALL NO T BE COPIED OR DISCLOSED TO THIRD PARTIES OR USE D FOR ANY PURPOSE NOT DIRECTLY RELATED TO PERFORMANCE OF THIS AGREEMENT WITHOUT THE WRITTEN CONSENT OF AN OFFI CER OF TRITECH SOFTWARE SYSTEMS. Hamett County Communications Copyright © 2 0 19 TriTech Software Systems Unpublished : Rights reserved under the copyright Jaws of the United States Page 27 of 41 System Purchase Agreement 071519 HCBOC Page 358 ADDENDUM A-2 (continued) *Note: Client must pay support fees for its existing Vision applications through the date of Go Live for Inform in order to receive the discount abov e. DESIGNATED LOCATION Deliver To: Harnett County Communications Center 175 W. Cornelius Hamett Blvd. Lillington, NC 27546 Harn ett Coun ty Commun ications Copyright © 2019 TriTech Software System s Un publi shed: Rig hts reserved under the copyright laws of the Un it ed States Page 28 of41 System Purchase Agreement 071519 HCBOC Page 359 ADDENDUM A-3 PROPRIETARY INFORMATION1 TRITECH SERVICES , SUPPORT AND MAINTENANCE FEES AND MISCELLANEOUS Inform CAD Implementation Service Fee(s) Unit Price Qty Base Inform CAD Disaster Recovery Server Configuration (Includes CAD Server, $6 ,66 2.00 1 Unit Swao, Synchronization Software Installation, and 1 Failover test) Base Inform CAD Production System Installation (Includes Database Server, Web Server, Comm Server, 1 instance of Browser, up to 5 CAD workstations , Unit $9 ,625.00 1 Swap, NetClock and Archive and ReportinCI Server) G ISLink Training Course (3 day Onsite ) $4 ,200.00 1 Inform CAD Admin istration Tra ining Course (Code File management) (3 day c lass $4,200.00 1 -Per class -at client site up to 10 students) Inform CAD Configuration and Administration Workshop (4 day at client site) $5,600.00 1 Inform CAD Post Go Live System Optimization and Advanced Configuration $5,600.00 1 workshop (3 days at the customer site) Inform CAD System Administration Training Course (Per student -4-5 days at $1,450.00 1 T riTechl Inform CAD Test/Train ing Server Configuration (Includes Inform CAD Server and $3 ,675.00 1 Unit Swao) Inform C AD User Training Course (Per class -4-day class up to 10 students) $5 ,600.00 2 Inform CAD Validat ion and Re adiness Workshop (4 day at client site) $5 ,600.00 1 In itial CAD Configuration and Setup (up to 16 hours) $2,800.00 1 In itial GI S Analysis and Configuration for CAD and Mobile, and up to 4 hours of $17 ,500.00 1 rem ote con sultation services On site Go Live Support Se rv ic es for Inform CAD and Inform Mob ile (1 person/12 $8,500.00 2 hour shift - 2 da vs, 24 hour coveraoe l Routing/GIS Server Implementation $2,100.00 1 Two (2) Hour Remote Configuration and Consultation sess ion $350.00 8 Inform CAD Impl emen tation SeNice Fee (s) Subtotal: Total Price $6 ,662.00 $9 ,625.00 $4 ,200.00 $4 ,200 .00 $5,600.00 $5,600 .00 $1,450.00 $3,675 .00 $11 ,200 .00 $5 ,600.00 $2 ,800.00 $17,500.00 $17,000 .00 $2,100 .00 $2,800.00 $100,012.00 I THESE ADDENDA CONTAIN TRADE SECRET AND OTH ER PROPRI ETARY INFORMATION OF TRITECH SOFTWARE SYSTEMS. THE INFORMATION CONTAINED HEREIN SHALL NOT BE COPIED OR DISCLOSED TO THIRD PARTIES OR USED FOR ANY PURPOSE NOT DIRECTLY RELATED TO PERFORMANCE OF THIS AGREEMENT WITHOUT THE WRITTEN CONSENT OF AN OFFICER OF TRITECH SOFTWARE SYSTEMS. Ha mett County Comm un icatio ns Copyrig ht © 201 9 TriTech Soft ware Syst ems Un publi shed : Ri gh ts reserved under the c opyrig h t laws o f the Uni ted St ates Page 29 of 4 1 System Purc h ase Agre eme nt 071519 HCBOC Page 360 ADDENDUM A-3 (continued) PROPRIETARY INFORMATION 1 Inform Mobile Implementation Service Fee(s) Unit Price Qty Base Inform Mobile Disaster Recovery Server Installation (per Se rver, Includes 1 $1 ,800.00 1 Mobile Server, uo to 2 Mobile Interfaces\ Base Inform Mobile Production Server Installation (per Server, Includes $7 ,000 .00 1 insta llation of Mobile Server, 2 interfaces and 5 oosition installations) Base Inform Mobile Test/Training Serve r Installation (per Server, Includes 1 $1,800.00 1 Mobile Server and 1 Mobile Interface\ Inform Mobile Administration Training Course (Per class -1-day up to 3 students) $1 ,800.00 1 Inform Mobile Onsite Configuration Workshop (2 Days Onsite) $2 ,800.00 1 Inform Mobile Tra in-The-Trainer (Per class -1-day up to 8 students) 1 Day $1 ,800.00 2 Remote Mobile configuration Workshop and Initial setup $2 ,800.00 1 Inform Mobile lmplementaflon Service Fee(s) Sub to tal: IQ Implementation Service Fee(s) Unit Price Qty List Price Discount CDP Project Management $875.00 1 $875.00 $875.00 CDP Setup and Conversion Services $1,100.00 1 $1 ,100.00 $1 ,100.00 Inform I Q Implementation Service Fee (s) Subto tal: TriTech Implementation Service Fee(s) Total: Project Related Fees Unit Price Qty Project Management $110,250.00 1 Estimated Travel Expenses (To be billed as incurred) $3 1,850.00 1 System Inte gration Fee $32,5 16 .00 1 Project Related Fee(s) Total: Recurring Fees (Subscription) Year 1 Unit Price Qty List Price Discount CDP Crimemapping.com $1,200.00 1 $1 ,200.00 $1 ,200.00 CDP Search (1-10 Users) $1.100.00 1 $1 ,100.00 $1,100.00 Recurring Fee(s) (Year 1): Total Price $1 ,800.00 $7,000 .00 $1 ,800 .00 $1 ,80 0.00 $2,800.00 $3,600.00 $2 ,800.00 $21,600.00 Total Price $0.00 $0.00 $0.00 $121,612.00 Total Price $1 10,250 .00 $31 ,850 .0 0 $3 2,516.00 $174,616.00 Total Price $0 .00 $0 .00 $0.00 I THESE ADDENDA CONTAIN TRADE SECRET AND OTH ER PROPRIETARY INFORMATION O F TRITECH SOFTWARE SYSTEMS . THE INFORMATION CONTAINED HEREIN SHALL NOT BE COPIED OR DISCLOSED TO THIRD PARTI ES OR US ED FOR ANY PURPOSE NOT DIRECTLY RELATED TO PERFORMANCE OF THIS AGREEMENT WITHOUT THE WRITTEN CONSENT OF AN OFFICER OF TRITECH SOFTWARE S YSTEMS. Ha m e tt Coun ty Communi cat ions Copyright © 20 19 TriTech Software Syst ems Un pub lish ed : Rig hts reserved under the copyright laws of t he United States Page 30 of 4 1 Syst em P ur ch ase Agre ement 071519 HCBOC Page 361 ADDENDUM A-3 (continued) PROPRIETARY INFORMA TION 1 Annual Software Support Fees -Year 1 Support Level Inform CAD Disaster Recovery System Maintenance (B -6-20 Users) Inform CAD Mapping 24 X 7 Inform CAD Mapping Test or Training 24 X 7 Inform CAD Position 24 X 7 Inform CAD Read Only Position for VisionCAD Monitor 24 X 7 Inform CAD Routing Server 24 X 7 Inform CAD Server Software (B -6-20 Positions ) 24 X 7 Inform CAD Test or Training System Maintenance (B -6-20 Users) Inform CAD the Archive Server Software 24 X 7 Inform CAD The GISLink Utility Position 24 X 7 Inform Mobile Base Position with CJIS/NCIC Forms 24 X 7 Inform Mobile Disaster Recovery System Maintenance Inform Mobile Mapping 24 X 7 Inform Mobile Mapping Test or Training 24 X 7 Inform Mobile Server Software (C -101-250 Positions) 24 X 7 Inform Mobile Test or Training System Maintenance NCIC/State Query Position for Inform CAD 24 X 7 Standard Alpha Numeric Paging Interface 24 X 7 Standard ANI/ALI Interface 24 X 7 Standard EMO Integration 24 X 7 Standard Station Alert Interface 24 X 7 TriTech Message Switch 24 X 7 Total Price $1 ,980.00 $1,650.00 $110.00 $33,000.00 $1 ,320.00 $4 ,114.00 $6 ,600.00 $1 ,980.00 $550.00 $1 ,100.00 $43,120.00 $2 ,090.00 $8,624.00 $132 .00 $9,900.00 $2 ,090 .00 $1 ,650.00 $1,980.00 $1,980.00 $1 ,650.00 $4,400 .00 $4 ,840.00 Annual Software Support Fee(s) (Year 1) Total: $134,860.00 *The Software Support. fee for the initial tenn ofTriTech annual Software Support, beginning at Go Live and ending 12 (twelve) months thereafter, is a line item in the Contract Price of this Agreement. Thereafter, annual Software Support fees will be invoiced in accordance with the Software Support Agreement entered into between TriTech and Client coincident with this Agreement. If applicable Software Support fees for year 1 will be prorated ( or credited) based on the support fees paid by Client for its existing TriTech software applications being upgraded , up to the date of Go Live for the Inform applications licensed under this Agreement. I THESE ADDENDA CONTAIN TRADE SECRET AND OTHER PROPRIETARY INFORMATION OF TRITECH SOFTWARE SYSTEMS. THE INFORMATION CONTAINED HEREIN SHALL NOT BE COPIED OR DI SCLOSED TO THIRD PARTIES OR USED FOR ANY PURPOSE NOT DIRECTLY RELATED TO PERFORMANCE OF THIS AGREEMENT WITHOUT THE WRITTEN CONSENT OF AN OFFICER OF TRITECH SOFTWARE SYSTEMS. Hamett County Communications Copyright © 2019 Tri Tech Software Systems Unpubli shed: Ri ght s reserved und er the copyright la ws of the United States Page 3 1 of 41 System Purchase Agreement 071519 HCBOC Page 362 ADDENDUM A-4 PROPRIETARY INFORMATION1 EQUIPMENT Client will be providing the Equipment for this Project. All Client provided Equipment must meet TriTech's minimum recommended specifications. I THESE ADDENDA CONTAIN TRADE SECRET AND OTHER PROPRIETARY INFORMATION OF TRITECH SOFTWARE SYSTEMS. THE INFORMATION CONTAINED HEREIN SHALL NOT BE COPIED OR DISCLOSED TO THIRD PARTIES OR USED FOR ANY PURPOSE NOT DIRECTLY RELATED TO PERFORMANCE OF THIS AGREEMENT WITHOUT THE WRITTEN CONSENT OF AN OFFICER OF TRITECH SOFTWARE SYSTEMS. Ham e tt C ounty Communi cati on s Copyrigh t © 2 0 I 9 Tri Tech Soft ware S ystem s Unpubli shed : Rights reserved under the copyright laws of th e United States Page 32 of 41 Sy stem Purchase Agre e m ent 071519 HCBOC Page 363 ADDENDUM A-5 PROPRIETARY INFORMATION1 SYSTEM SOFTWARE The Client will be providing System Software for this Project. Client provided System Software will meet TriTech's minimum required specifications. NOTE: Additional Client responsibilities regarding licensing requirements for System Software for continued maintenance, including system expansion, are provided in the System Planning Document. I THESE ADDENDA CONTAIN TRADE SECRET AND OTHER PROPRIETARY INFORMATION OF TRITECH SOFTWARE SYSTEMS. THE INFORMATION CONTAINED HEREIN SHALL NOT BE COPIED OR DISCLOSED TO THIRD PARTIES OR USED FOR ANY PURPOSE NOT DIRECTLY RELATED TO PERFORMANCE OF THIS AGREEMENT WITHOUT THE WRITTEN CONSENT OF AN OFFICER OF TRITECH SOFTWARE SYSTEMS. Ham e tt County Communi cation s Copyright © 2019 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the Uni ted States Page 33 of 4 1 System Purchase Agreement 071519 HCBOC Page 364 ADDENDUM A-6 PROPRIETARY INFORMA TI0N1 SUBCONTRACTOR SOFTWARE, HARDWARE AND SERVICES Not applicable to this project. I THESE ADDENDA CONTAIN TRADE SECRET AND OTHER PROPRJETARY INFORMATION OF TRITECH SOFTWARE SYSTEMS. THE INFORMATION CONTAINED HEREIN SHALL NOT BE COPIED OR DISCLOSED TO THIRD PARTIES OR USED FOR ANY PURPOSE NOT DIRECTLY RELATED TO PERFORMANCE OF THIS AGREEMENT WITHOUT THE WRITTEN CONSENT OF AN OFFICER OF TRITECH SOFTWARE SYSTEMS. Hamett County Communi cations Copyright © 2019 TriTech Software Systems Unpublished: Ri ghts reserved under the copyright laws of the United States Page 34 of41 System Purchase Agreement 071519 HCBOC Page 365 20 % 20 % 20% 20% 20% 100% ADDENDUM A-7 PROPRIETARY INFORMA TION1 PAYMENT TERMS Payment Milestones -Milestones may not occur in the exact order as show below: Software and Services due at Contract Signature $ Software and Services due at Installation of CAD Production Svstem $ Software and Services due at Completion of Pre-Go Live End User Training $ Software and Services due at Completion of Inform CAD Validation and Readiness Workshop $ Software and Services due at Go Live $ Annual Software Suooort Fees Year 1 -due at Go Live $ Travel -to be billed as incurred $ $ 66,175.60 66,175 .60 66,175.60 66,175.60 66,175.60 134,860 .00 31 ,850.00 497,588.00 l THESE ADDENDA CONTAIN TRADE SECRET AND OTH ER PROPRIETARY INFORMATION OF TRITECH SOFTWARE SYSTEMS. THE INFORMATION CONTAINED HEREIN SHALL NOT BE COPIED OR DI SCLOSED TO THIRD PARTIES OR USED FOR A NY PURPOSE NOT DIRECTLY RELATED TO PERFORMANCE OF THIS AGREEMENT WITHOUT THE WRITTEN CONSENT OF AN OFFICER OF TRITECH SOFTWARE SYSTEMS. Harnett County Communi cation s Copyright © 20 19 TriTech Software Syst em s Unpublish ed: Ri ghts reserved und er the copyright laws of the United States Page 35 of 41 System Purchase Agreeme nt 071519 HCBOC Page 366 ADDENDUM A-8 PROPRIETARY INFORMATION1 CONTRACT PRICE SUMMARY2 Inform CAD Software Licenses $ Inform Mobile Software Licenses $ TriTech Uoarade Credit $ Inform CAD Implementation Services $ Inform Mobile Implementation Services $ IQ Implementation Services $ Project Related Fees $ Recurrinq Fees (Subscription) Year 1 $ Annual Software Support Fees Year 1 $ Project Total $ 295,200 .00 280 ,800 .00 (509,500.00) 100,012.00 21,600 .00 - 174,616.00 - 134,860 .00 497,588 .00 I THESE ADDENDA CONTAIN TRADE SECRET AND OTHER PROPRIETARY INFORMATION OF TRITECH SOFTWARE SYSTEMS. THE INFORMATION CONTAINED HEREIN SHALL NOT BE COPIED OR DISCLOSED TO THIRD PARTIES OR USED FOR ANY PURPOSE NOT DIRECTLY RELATED TO PERFORMANCE OF THIS AGREEMENT WITHOUT THE WRITTEN CONSENT OF AN OFFICER OF TRITECH SOFTWARE SYSTEMS. 2 Shipping costs, tra vel costs and any applicable sales, use value added or similar taxes shall be paid by Client. Unless such costs or taxes are listed as a line item herein, they shall be invoiced separately, payable on receipt of the invoice therefor. Hamett County Communications Copyright © 20 19 TriTech Software Systems Unpublished : Rights reserved under th e copyri g ht laws of th e Un ited State s Page 36 of 4 1 System Purchase Agreement 071519 HCBOC Page 367 ADDENDUM A-9 PROPRIETARY INFORMATION 1 SYSTEM PLANNING DOCUMENT (TO BE PROVIDED AS A DELIVERABLE) l THESE ADDENDA CONTAIN TRADE SECRET AND OTHER PROPRIETARY INFORMATJON OF TRITECH SOFTWARE SYSTEMS. TH E INFORMATION CONTAINED HEREIN SHALL NOT BE COPIED OR DISCLOSED TO THIRD PARTIES OR USED FOR ANY PURPOSE NOT DIRECTLY RELATED TO PERFORMANCE OF THIS AGREEMENT WITHOUT THE WRITTEN CONSENT OF AN OFFICER OF TRITECH SOFTWARE SYSTEMS. Harnett County Communication s Copyright © 2019 Tri Tech Software Systems Unpublished: Rights reserved under the copyri ght laws of the United States Page37 of4 1 System Purchase Agreemen t 071519 HCBOC Page 368 ADDENDUM B TRITECH MASTER PREFERRED SOURCE CODE ESCROW AGREEMENT (ATTACHED, IF APPLICABLE) Not applicable to this project. Hamett County Communications Copyright © 2019 TriTech Software Systems Unpubli s hed : Right s reserved under the copyri ght laws of th e United States Page 38 of41 System Purchase Agreement 071519 HCBOC Page 369 ADDENDUM C SUBCONTRACTOR WARRANTY, SUPPORT AND MAINTENANCE AGREEMENTS (A TT ACHED, IF APPLICABLE) Not applicable to this Project. Hamett County Communication s Copyright © 2019 TriTech Software Sy stems Unpubli shed: Ri g ht s reserved under th e copyright laws of the United States Page 39 of41 System Purchase Agreement 071519 HCBOC Page 370 ADDENDUM D SUBCONTRACTOR LICENSE AGREEMENTS (A TT ACHED, IF APPLICABLE) Not applicable to this Project. Hamett County Communications Copyright© 2019 Tri Tech Software Systems Unpublished: Rights reserved under the copyright laws of th e United States Page 40 of 41 Syst em Purchase Agreement 071519 HCBOC Page 371 ADDENDUM E SUBSCRIPTION SERVICE USE & LICENSE AGREEMENT (ATTACHED IF APPLICABLE) Hamett Coun ty Communications Copyrighi © 2019 TriTech Software Systems Unpub lished: Ri ghts reserved under the copyright laws of the Un ited States Page41 of41 System Purchase Agreement 071519 HCBOC Page 372 TriTech Software Systems 1000 Business Center Drive Lake Mary, FL 32 74 6 www.centralsquare.com SOFTWARE SUPPORT AGREEMENT TRITECH SOFTWARE SYSTEMS Ham ett Cowity Copyright © 20 19 TriTech Software Systems Unpubl ished: Right s reserved under th e copyright laws of the Un ited States Page I of25 Software S upport Agreement In fo rm 071519 HCBOC Page 373 SOFTWARE SUPPORT AGREEMENT TABLE OF CONTENTS 1.0 DEFINITIONS ........................................................................................ 3 2.0 TERM AND TERMINATION .................................................................. 3 3.0 SUPPORT FEE(S) ................................................................................. 4 4.0 SUPPORT SERVICES, POINT OF CONTACT, AND CODE OF CONDUCT ....................................................................................... 5 5.0 SOFTWARE ERROR CORRECTION .................................................... 6 6.0 SOFTWARE UPDATES ........................................................................ 7 7 .0 LIMITATIONS ........................................................................................ 7 8.0 EQUIPMENT, SUBCONTRACTOR SOFTWARE AND HARDWARE, AND SYSTEM SOFTWARE .................................................................. 9 9.0 LIMITATION OF LIABILITY ................................................................ 10 10.0 DISPUTE RESOLUTION ..................................................................... 10 11.0 SEVERABILITY ................................................................................... 10 12.0 FORCE MAJEURE/EXCUSABLE DELAY .......................................... 10 13.0 CONSTRUCTION AND HEADINGS .................................................... 11 14 .0 WAIVER ............................................................................................... 11 15.0 ENTIRE AGREEMENT ........................................................................ 11 16.0 APPLICABLE LAW ............................................................................. 11 17.0 ASSIGNMENT ..................................................................................... 11 18.0 NOTICES ............................................................................................. 11 19.0 GENERAL TERMS .............................................................................. 12 ADDENDUM A ................................................................................................ 14 ADDENDUM B ................................................................................................ 15 ADDENDUM C ................................................................................................ 25 Harnett County Cop yright© 2019 TriTech Software Systems Unpublished: Right s reserved under the copyright law s of the United States Page 2 of 2 5 Software Suppm1 Agreemen t lnfonn 071519 HCBOC Page 374 SOFTWARE SUPPORT AGREEMENT Client: Hamett County Address: 420 McKinney Parkway City, State, Zip: Lillington , NC 27546 Phone, Fax:. Contact Name: This Software Support Agreement (this "Agreement") is made by and between TriTech Software Systems, referred to herein as "TriTech", a CentralSquare Technologies, LLC company, with offices at 1000 Business Center Drive, Lake Mary, FL 32746, and the entity named above, referred to herein as "Client" (who together are referred to as the "Parties", or individually as "Party" herein), with reference to the following facts. A. WHEREAS, TriTech and Client have entered into a System Purchase Agreement dated June 27, 2019 , (the "Purchase Agreement"); and B . WHEREAS, this Software Support Agreement (this "Agreement") is entered into to provide Software Support for the TriTech Software for a period of one year, subject to annual renewal thereafter; and C. WHEREAS, during the initial term of this Agreement, TriTech shall act as the Prime Contractor for maintenance of the System and shall provide the single point of contact with the Client as further defined herein; NOW, THEREFORE, in consideration of the terms, promises, mutual covenants and conditions contained in this Agreement, TriTech and Client agree as follows: 1.0 DEFINITIONS 1.1 All capitalized terms used in this Agreement and not otherwise defined herein shall have the meanings given them in the Definitions section of the Purchase Agreement, which section is incorporated by reference herein as though set forth in full. 2.0 TERM AND TERMINATION 2.1 The initial term of Software Support services provided under this Agreement shall begin at first Go Live for the TriTech Software and end twelve (12) months thereafter. Software Support for subsequent annual terms shall be subject to renewal of this Agreement and payment of the renewal Software Support fees. Following the initial term , either party may terminate this Agreement upon written notice to the other party ninety (90) days prior to the end of the then Hamett County Copyright © 2019 TriTech So ftware Systems Unpubli shed : Rights reserved under the copyright Jaw s of the United States Page 3 of 25 Software Support Agreement lnfonn 071519 HCBOC Page 375 current annual support term. Provided that notice of termination ha s not been provided, on or before the expiration of the then current support term, and at each annual anniversary thereof, TriTech shall provide to Client a Software Support Renewal Notice for signature. TriTech re serves the right to change the terms and conditions upon which Software Support shall be offered for renewal terms, subject to the written consent of Client. 2.2 Following the initial term of this Agreement, either party shall have the option, upon prior written notice as provided in this section, to terminate support and maintenance for applicable Subcontractor Software which is provided through TriTech as the Prime Contractor. In such event the Client shall enter directly into Support Agreement(s) with the individual Subcontractor(s). In order to provide continuity of support, either party shall notify the other party at least ninety (90) days prior to the end of the initial term of this Agreement of its intentions for continuation through TriTech as the Prime Contractor of support and maintenance for such Subcontractor Software. Support for Subcontractor Software if applicable under this Agreement will be provided in accordance with the applicable Subcontractor's terms for support which are attached hereto at Addendum C. 2.3 Either party may terminate this Agreement upon written notice to the o ther party in the event that (i) the other party fails to comply with any material term or condition of this Agreement, provided that such failure has not been cured within thirty (30) days receipt of written notice of such failure; or (i i) the other party's business operations are disrupted or discontinued for more than thirty (30) days by reason of insolvency, bankruptcy, receivership or business termination; or (iii) written notice of termination for convenience is provided by one Party to the other Party within ninety (90) days ' prior to the end of the then current su pport term. 3.0 SUPPORT FEE(S) 3.1 Software Support fee(s) to be paid by Client for the initial term of this Agreement are established based on the software licenses purchased under the System Purchase Agreement. The Software Support fee for the first renewal term shall be the amount specified in Addendum A hereto , subject to the adjustments as described in 3.2. 3.2 Unless otherwise terminated as provided herein, TriTech shall notify Client prior to the end of the initial support term of the Software Support fees for the first renewal term. Unles s otherwise agreed in writing, Software Support fees shall be due on or before the commencement of each annual support term and are due for all TriTech Software applications and modules li censed to Client. Software Support fee for the first renewal term and all renewals thereafter shall be subject to increase on an annual basis at a rate of 5%. Additional licenses purchased by Client during any annual support period will result in additional support fees which shall be prorated to be coterminous w ith Client's then current support period . 3 .3 Software Support fees do not include reasonable travel , food or lodging expenses incurred by TriTech for support services provided at Client's site or other locations remote from TriTech's principal place of business. Such expenses shall be paid by Client on receipt of TriTech 's invoice for such expenses. Travel costs submitted for reimbursement will be actual costs, plus a five percent (5%) administrative fee. Harnett County Co pyright Cl 201 9 TriTech Software Systems Unpub lished: Rights reserved und er the copyright laws of the United States Page 4 of25 Soft ware Support Agreement In form 071519 HCBOC Page 376 3.4 If Client ceases to keep in force an annual Software Support Agreement, any resumption of such annual support shall be subject to payment by Client of all past unpaid Software Support fees in addition to the Software Support fee for the current support year. Payment of applicable fees for any additional services required to bring Client's system current, which fees shall be charged at TriTech's then current rates for such services, shall also be the responsibility of the Client. Client acknowledges and agrees that the preceding clause is reasonable in light of the fact that the expenses incurred and resources devoted by TriTech to further development, enhancement and support of the TriTech Software must be spread over TriTech's client base and fairly shared by all TriTech Software users. 3.5 All amounts due and payable to TriTech hereunder shall, if not paid when due, bear a late charge equal to one and one-half percent (1-1 /2 %) per month, or the highest rate permitted by law, whichever is less, from fifteen (15) days after their due date until paid. Failure to pay annual Software Support fees when due may result in a notice of termination in accordance with section 2.3. Remittance Address for Payments Only: TriTech Software Systems P.O. Box 203223 Dallas, TX 75320-3223 3 .5 .1 Payments may be made by check; wire transfer; or Automated Clearing House ("ACH"). TriTech will provide banking information if Client requests to pay by wire transfer or ACH. 3.6 Except for taxes for which Client provides TriTech with written certification of its tax-exempt status, if TriTech is required to collect or pay sales, use, property, value-added, or other such taxes based on the software or services provided under this Agreement, and/ or Client's use thereof, then such taxes shall be invoiced to and paid by Client on receipt of such invoice. 4.0 SUPPORT SERVICES, POINT OF CONTACT, AND CODE OF CONDUCT 4.1 TriTech will provide support services as more fully described in Addendum B. 4.2 Client shall appoint a principal point of contact with a level of knowledge of the TriTech Software and Client's computer environment to manage the reporting of Software Errors to TriTech in accordance with the Software Error Guidelines and Procedures set forth in Addendum B. TriTech reserves the right to request that Client appoint a replacement point of contact upon reasonable written notice to Client. 4.3 At all times during the term of this Agreement or any renewal period, each party shall ensure that its employees do not engage in a disrespectful, disruptive, demeaning, or otherwise inappropriate or abusive manner in dealing with the other party and its employees. Any such behavior shall be reported to the party's supervisor, manager, or executive as applicable for corrective action. A party's failure to remedy any reported issues related to employee misconduct, Harnett County Copyright © 2019 TriTech Software Sys tems Unpublished : Rights rese1v ed under th e copyright la ws of the United States Page 5 of25 Software Support Agreement lnfonn 071519 HCBOC Page 377 including removal of the offending employee from direct contact with the other party, may be cause for termination in accordance with section 2.3 herein. 5.0 SOFfW ARE ERROR CORRECTION AND ACCESS 5.1 If, during the term of this Agreement, Client determines that Software Error(s) exist, it will first follow any error procedures specified in the TriTech Documentation. If following the error procedures does not correct the Software Error, Client shall promptly notify TriTech pursuant to the guidelines and procedures described in Addendum B , setting forth the defects noted with specificity requested by TriTech. Upon notification of a reported Software Error, TriTech shall attempt to reproduce and verify the error and, if so verified, will manage the Software Error(s) in accordance with Addendum B. If TriTech is unable to reproduce the Software Error at TriTech 's facility , the Client will as sist in the re search o f a support issue including logging or other diagnostic tools as provided by TriTech. TriTech will provide onsite assi stance if the Client and TriTech determine that it is necessary for TriTech personnel to travel to Client's site to reproduce the error. If it is determined that reported problem was caused b y the TriTech Software, TriTech will be responsible for its travel and related expenses for the onsite visit. In the event that the reported problem is determined to be the result of Equipment, Subcontractor Software or Hardware, or System Software, or is otherwise not attributable to the TriTech Software Client shall reimburse TriTech for its travel expenses incident to the on-site visit, as well as TriTech 's labor related to the on-site visit at its then current hourly rates for technical support and engineering. 5.1.1 If, during the term of this Agreement , Client experiences performance issues with the TriTech Software related to user transaction times (the elapsed time between electronicall y requesting information [i.e., depre ssing the "enter" ke y or mou se button] to the appearance of the data requested on the next screen) that materially degrades the operational use of the TriTech Software, the Client shall notify TriTech in accordance with Addendum B. TriTech will assist the Client to determine the source of the u ser transaction times issue (TriTech Software, third party products, Client supplied network, etc.). If the related to user transaction times is found to be caused by the TriTech Software, TriTech will use commerciall y reasonable efforts to resolve the issue according to the Priority status (defined in Addendum B) assigned based on the Subsystem, transaction type , and operational impact on the Client's Users. 5.2 TriTech maintains a Security program for managing access to Client data - particularly HIP AA and CJIS information. This includes 1) a Pre-employment background check, 2) security training required by Federal CJIS regulations, and 3) criminal background checks/fingerprints required by Federal or State regulations . TriTech will work with the Client to provide required documentation (such as the CJIS Security Addendum Certification form and VPN documents). 5.3 If required by the Client, TriTech will provide paper fingerprint cards for such S ecurity Approved personnel with the fingerprinting performed in the state of the Tri Tech staf f s job assignment. If the Client requires fingerprints submitted in a form other than paper prints (such as Live Scan) or that such fingerprints be performed at the Client's site, the Client will reimburse TriTech for the cost of Tri Tech Security Approved Personnel traveling to the Client's Ham en Cp unt y Cop yri ght ,C 20 19 TriTech Software Systems Unpublished: Rights reserved under th e copyright laws o f the Unit ed States Page 6 of 2 5 Software S u pport Agreement lnfo nn 071519 HCBOC Page 378 site or for a vendor (such as Live Scan) to travel to the applicable TriTech Offices. This pro v ision will apply during the duration of this Agreement. 6.0 SOFfW ARE UPDATES 6.1 From time to time at TriTech 's discretion, Updates to the TriTech Software and TriTech Documentation will be developed and provided to Client. All Updates to the TriTech Software and Tri Tech Documentation shall be subject to the term s and conditions of the Purchase Agreement and shall be deemed licensed TriTech Software thereunder. (Updates do not include new versions or separate modules or functions that are separately licensed and priced .) 7 .0 LIMIT A TIO NS 7.1 Software Support for the TriTech Software shall be subject to and conditional on Client's implementation and use of a version of the TriTech Software that is the most current general release version thereof that is offered to Client. If Client does not implement the most current general release version when it is made available, TriTech shall only be obligated to provide Software Support for Client's version of the TriTech Software for a period of twelve (12 ) months thereafter. 7.2 TriTech shall not be obligated to provide Software Support if Client is not current on the payment of all Software Support fees and expenses. 7.3 If any of the following circumstances exist, TriTech shall be entitled to charge additional Software Support fees plus expenses at its then current rates : 7.3 .1 Problems in the Tri Tech Software are caused by modification of the Tri Tech Software, Subcontractor Software or Hardware, System Software, or Equipment by Client or a third party. 7.3.2 Problems in the TriTech Software are caused by the TriTech Software not being used in accordance with the TriTech Documentation, or other instructions provided by TriTech, or by misuse or neglect. 7.3.3 Problems in the TriTech Software are caused by software not provided by TriTech, not approved by TriTech in writing or not specified as c ompatible in the TriTech Documentation. (The procedures for loading third party software on a Workstation or Server are set forth in paragraph 7.4 of this Agreement.) 7.3.4 Problems in the TriTech Software are caused by equipment which does not meet the configuration requirements, or Client does not maintain the site and facility as specified in the TriTech Documentation. 7.3.5 Problems in the TriTech Software are caused by one or more computer viruses that have not been introduced into Client 's system by TriTech. Client shall maintain up- to-date virus checking software in accordance with TriTech Documentation and shall check all software received from TriTech or any other person or entity for viruses before introducing that Hamett County Copyright © 20 19 TriTech Software Systems Unpublished: Rights reserved under the copyri ght laws of the United States Page 7 of25 Softwa re Support Agreement In form 071519 HCBOC Page 379 software into any part of the TriTech System. If desired by Client, Tri Tech will provide Updates on media rather than direct downloading to facilitate this virus checking. If, despite such check, a virus is introduced by Tri Tech, TriTech will provide a virus-free copy of the TriTech Software, and will , at its expense , reload said software on Client 's Equipment. Client shall practice reasonable back-up procedures for the TriTech System in accordance with TriTech Documentation. 7.3.6 Problems in the TriTech Software are caused by Subcontractor Software or System Software, including but not limited to operating system software. 7.3.7 Problems in the TriTech Software are caused by Equipment or software provided by Client or third parties with which the TriTech Software interfaces or operates (including but not limited to Subcontractor Software or Hardware or System Software), including but not limited to problems caused by changes in such Equipment or software. 7.4 If, at any time after installation of the System, Client desires to load on a Workstation or Server any software not provided by TriTech, it shall , before loading such software, follow the procedures regarding third party software compatibility in the TriTech Documentation, and contact the TriTech Customer Service Department at the telephone numbers listed in Addendum B for assistance as required. Such action shall not constitute approval, express or implied, for the loading of specific software on a Workstation or Server, nor any express or implied warranty, representation or other obligation by TriTech with respect to such software, including but not limited to its suitability, operability or capability to meet Client's needs or expectations. Client agrees that if the loading of such third party software degrades the performance of the System, Client shall immediately uninstall such software. Client shall absolve , discharge and release TriTech from any obligations or liabilities related to operation or performance of the System, the TriTech Software, Subcontractor Software, or any other item provided by TriTech under this Agreement, including but not limited to any liabilities for damages related thereto in coru1ection with the installation of such third party software. 7.5 TriTech Software Support under this Agreement, or any renewal or extension thereof, shall not include design , engineering, programming, testing, implementation or other services rendered necessary by changes in Subcontractor Software, System Software or Equipment, or in any other hardware, firmware or software provided by third parties or Client ("Third Party Changes"). Any such services shall be subject to additional charges by TriTech and the mutual agreement of the parties as to the terms and conditions under which such services are rendered. Absent such agreement, TriTech shall be under no obligation, express or implied, with respect to such Third Party Changes. 7 .6 Problems in the TriTech Software or transmission of data caused by wireles s services are not warranted by TriTech, or covered under the terms of this Agreement. Client 's use of services provided by wireless service providers or carriers, and the security, privacy, or accuracy of any data provided via such services is at Client 's sole ri sk . Ham ett County Copyright © 2 01 9 TriTech Software Sys tems Unpub lish ed: Rights reserved under th e copyrig ht Jaws of t h e Un ited States Page 8 o f 25 Soft ware S upport Ag ree ment lnform 071519 HCBOC Page 380 7. 7 Client is responsible for maintaining the required certifications for access to Client's state CJIS system(s), NCIC and/or other local state, federal and/or other applicable systems. 8.0 EQUIPMENT, SUBCONTRACTOR SOFTWARE AND HARDWARE, AND SYSTEM SOFTWARE 8.1 Maintenance and support for Equipment provided under the Purchase Agreement ( except as otherwise stated therein) is not included under this Agreement. However, since proper computer equipment maintenance is required for proper system operation, Client shall acquire and keep in force equipment maintenance agreements for the computer and peripheral equipment used to operate the TriTech Software, or to provide such maintenance in-house with qualified personnel. If Client detennines that an item of Equipment provided under this Agreement does not perform as provided in the applicable specifications, Client may contact TriTech using the procedures described in Addendum B. TriTech shall thereupon provide Help Desk services to Client with respect to the reported problem and reasonable assistance, as defined in 8 .2 below, in determining the cause of the reported problem. Notwithstanding the above, TriTech is not and shall not be a party to such third party maintenance agreements nor shall TriTech have any obligation or liability thereunder. 8.2 Maintenance and support for Subcontractor Software, Subcontractor Hardware, or System Software sold or licensed under the Purchase Agreement shall be subject to and provided in accordance with any maintenance agreements between Client and the suppliers thereof, or other third party maintenance providers, or the provisions of the applicable Subcontract support terms provided hereto at Addendum C if continued annual support for the applicable Subcontractor Software is provided under this Agreement as further defined herein. If Client determines that an item of Subcontractor Software or Hardware, or System Software provided under the Purchase Agreement does not perform as provided in the applicable Specifications, Client may contact TriTech using the procedures described in Addendum B. TriTech shall thereupon provide Help Desk services to Client with respect to the reported problem and provide reasonable assistance to Client in determining the causes of the reported problem. Reasonable assistance consists of an evaluation of the reported problem in order to determine if the problem is being caused by a TriTech Software issue or an issue with a Third Party Item that needs to be addressed by the applicable Vendor. As part of the e valuation process, TriTech will share with the Client non- proprietary information related to the diagnosis such as error messages, database trace information and other information that led TriTech to diagnose the Third Party Item as the likely cause and which may aid the Client in seeking a resolution from the applicable manufacturer or Vendor. For issues involving Windows 0/S software (Microsoft) that generally affect the operation of the TriTech Software and are not caused by a Client specific installation or configuration of the 0 /S, TriTech will work with Microsoft to coordinate the resolution. Notwithstanding the above, TriTech is not and shall not be a party to such third party maintenance agreements nor shall TriTech have any obligation or liability thereunder. Hamett County Copyright © 2019 TriTech Software Systems Unpublished: Rights reserved und er th e copyright laws of the Unit ed States Pa ge 9 of25 Software Support Agreement Inform 071519 HCBOC Page 381 9.0 LIMITATION OF LIABILITY 9.1 The total liability ofTriTech for any claim or damage arising under this Agreement or renewals thereof, whether in contract, tort , by way of indemnification or under statute shall be limited to direct damages which shall not exceed the Software Support fees paid under this Agreement by Client to Tri Tech for the twelve (12) month term during which the cause of action for such claim or damage arose. 9.2 IN NO EVENT SHALL TRITECH BE LIABLE, WHETHER IN CONTRACT OR IN TORT, FOR LOST PROFITS, LOST SA VIN GS, LOST DA TA, LOST OR DAMAGED SOFTWARE, OR ANY OTHER CONSEQUENTIAL OR INCIDENT AL DAMAGES ARISING OUT OF THE USE OR NON-USE OF THE TRITECH SOFTWARE, OR OTHERWISE RELATED TO THIS AGREEMENT, REGARDLESS OF WHETHER TRITECH HAD KNOWLEDGE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. 10.0 DISPUTE RESOLUTION 10.1 The Parties desire to first attempt to resolve certain disputes, controversies and claims arising out of this Agreement or any Addenda hereto before a Party begins litigation. Prior to commencing litigation, at the written request of either Party, the Parties agree to meet onsite at the Client's location, and negotiate in good faith to resolve any dispute arising under this Agreement. Each Party shall be responsible for its associated travel costs. If the above negotiations do not resolve the dispute with sixty (60) days of the initial written request, either Party may take appropriate legal action. 11.0 SEVERABILITY 11 .1 If any term , clause, sentence, paragraph , article, subsection, section, provision, condition or covenant of this Agreement is held to be invalid or unenforceable, for any reason, it shall not affect, impair, invalidate or nullify the remainder of this Agreement, but the effect thereof shall be confined to the term, clause, sentence, paragraph, article, subsection, section , provision, condition or covenant of this Agreement so adjudged to be invalid or unenforceable. 12.0 FORCE MAJEURE/EXCUSABLE DELAY 12.1 Neither party shall be responsible for failure to fulfill its obligations hereunder or liable for damages resulting from delay in performance as a result of war, fire, strike, riot or insurrection , natural disaster, delay of carriers , governmental order or regulation , complete or partial shutdown of plant, unavailability of Equipment or software from suppliers, default of a subcontractor or vendor to the party if such default arises out of causes beyond the reasonable control of such subcontractor or vendor, the acts or omissions of the other party, or its officers, directors, employees, agents, contractors, or elected officials , and /or other occurrences beyond the party's reasonable control ("Excusable Delay" hereunder). In the event of such Excusable Delay, performance shall be extended on a day for day basis or as otherwise reasonably necessary to compensate for such delay. Ham ett C ounty C opyright © 201 9 TriTech Soft ware Systems Unpubli shed: Ri ghts reserved und er th e copyright laws of th e Uni t ed States Page 10 o f 25 Software S upport Agreement lnfonn 071519 HCBOC Page 382 13.0 CONSTRUCTION AND HEADINGS 13.1 The division of this Agreement into sections and the use of headings of sections and subsections are for convenient reference only and shall not be deemed to limit, construe, affect, modify, or alter the meaning of such sections or subsections . 14.0 WAIVER 14.1 The failure or delay of any party to enforce at any time or any period of time any of the provisions of this Agreement shall not constitute a present or future waiver of such provisions nor the right of either party to enforce each and every provision . 14.2 No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether expressed or implied, shall not constitute a consent to, waiver of or excuse for any other, different or subsequent breach. 15.0 ENTIRE AGREEMENT 15.1 This Agreement and its Addenda or Amendment(s) represent the entire agreement between the parties hereto and a final expression of their agreements with respect to the subject matter of this Agreement and supersedes all prior written agreements, oral agreements, representations, understandings or negotiations with respect to the matters covered by this Agreement. 16.0 APPLICABLE LAW 16.1 Except to the extent that this Agreement is governed by the laws of the United States, this Agreement shall be governed, interpreted and enforced in accordance with the laws of the State of North Carolina without regard to its conflict oflaw. 17.0 ASSIGNMENT 1 7 .1 Neither this Agreement nor any rights or obligations hereunder shall be assigned or otherwise transferred by either Party without the prior written consent of the other Party, which consent will not be unreasonably withheld ; provided however, that in the event of a merger or acquisition of all or substantially all of TriTech 's assets, TriTech may assign this Agreement to an entity ready, willing and able to perform TriTech's executory obligations hereunder, upon the express written assumption of the obligations hereunder by the assignee. 18.0 NOTICES 18.1 All notices required to be given under this Agreement shall be made in writing by (i) first-class mail, postage prepaid, certified, return receipt , (ii) by regularly scheduled overnight delivery, (iii) by facsimile or e-mail followed immediately by first-class mail , or (iv) by personal delivery, to the address set forth below, or such other address as provided in writing. Such notices Hamett County Copyright © 2019 TriTech Software Systems Unpublished : Rights reserved under th e copyright laws of the United States Page 11 of25 Software Support Agreement Inform 071519 HCBOC Page 383 shall be deemed given three (3) days after mailing a notice or one (1) day after overnight delivery thereof. To Client: Harnett County Sheriffs Office 175 W. Cornelius Harnett Blvd. Lillington, NC 27546 Attn: Gary McNeill 19.0 GENERAL TERMS To TriTech: TriTech Software Systems 1000 Business Center Ori ve Lake Mary, FL 32746 Attn: Contracts 19.1 This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators , successors and assigns of the parties hereto, but nothing in this paragraph shall be construed as consent to any assignment of this Agreement by either party except as provided in the ASSIGNMENT section of this Agreement. 19.2 This Agreement shall not become a binding contract until signed by an authorized officer of both parties, and it is effective as of the date so signed. 19 .3 This Agreement may be executed in any number of identical counterparts, and each such counterpart shall be deemed a duplicate original thereof. 19.4 The provisions contained herein shall not be construed in favor of or against either party because that party or its counsel drafted this Agreement, but shall be construed as if all parties prepared this Agreement. 19.5 Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural , and the use of any gender, be it masculine, feminine or neuter, shall include all of the genders. 19.6 A facsimile or scanned signature copy of this Agreement, its exhibits and amendments, and notices and documents prepared under this Agreement shall be treated as an original in all respects; the Parties agree that any document in electronic format or any document reproduced from an electronic format shall not be denied legal effect, validity, or enforceability, and shall meet any requirement to provide an original or hard copy. 19. 7 This Agreement is made for the benefit of the Parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree to any amendment, waiver, variation or settlement under or relating to this Agreement are not subject to the consent of any third party. 19.8 EACH PARTY'S ACCEPTANCE IS EXPRESSLY LIMITED TO THE TERMS HEREOF AND NO DIFFERENT OR ADDITIONAL TERMS CONTAINED IN ANY PURCHASE ORDER, CONFIRMATION, BUSINESS FORM OR Hamett Coun ty Copyright © 2019 TriTec h Software Systems Unpubli shed: Righ ts reserved under th e copyri ght Jaws o f the United States Page 12 o f25 Software S upport Agreement Inform 071519 HCBOC Page 384 OTHERWRITING SHALL HA VE ANY FORCE OR EFFECT UNLESS EXPRESSLY AGREED TO IN WRITING BY EACH PARTY. 19 .9 Tri T ech acknowledges that Client is a governmental entity and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. Client shall pro vide its best efforts to secure the necessary funding to facilitate the performance and obligations of this Agreement. In the event that public funds are not available and not appropriated for the performance of Client's o bligations under thi s Agreement, then thi s Agreement shall automatically expire without penalty to Client 30 days after written notice to TriTech of the non-appropriation of public funds. 19 .10 TriTech understands that E-Verify is the federal program operated by the United States Department of Homeland Security and other federal agencies , or any successor or equiv alent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with §64-25(5) of the North Carolina General Statutes . Provided that TriTech is a person, business entity, or other organi zation that transacts business in this State and that employs 25 or more employees in this State, then TriTech understands and certifies that they shall verify the work authorization of the employee through E-Verify in accordance with §64- 26( a) of the North Carolina General Statutes. TriTech further certifies that their subcontractors comply with E-Verify pursuant to federal law , and Tri Tech will en sure compliance with E-Verify by an y subcontractors subsequently hired by TriTech HARNETT COUNTY TRITECH SOFTWARE SYSTEMS Accepted By (Signature) Accepted By (Signature) Title Title D~ D~ Harn ett Co un ty Soft ware S u pport Agreement Cop yright © 20 19 TriTec h Software Sys tems In form Un publish ed: Rights reserved under th e copyright laws of th e United States Page 13 of25 zU, ffl -:I,:, ffl z 071519 HCBOC Page 385 ADDENDUM A SUPPORT FEES Support fees for the initial term beginning at first Go Live for the TriTech Software and ending twelve (12) months thereafter, are included under the Contract Price in the System Purchase Agreement. Based on the licenses purchased under the System Purchase Agreement, the annual support fee for the first renewal term (to begin 12 months' post Go Live) will be $134,860.00. Prior to the end of the then current support term , and each subsequent annual support term, TriTech will forward an invoice to Client for the annual support fee , which fees are subject to increase in accordance with section 3 .2 of this Agreement. An increase in the TriTech Software licenses granted to Client will result in an increase in the Software Support fee. TriTech 's Software Support fees do not include fees for third party applications, or embedded software required , including but not limited to CAD Mapping or Mobile Mapping fees . Option : As further defined in Addendum B hereto , standard Software Support for Inform RMS/FBR, Inform Jail , and Inform Fire applications is provided on an 8x5 basis. Support fees for 8x5 support is calculated at a lesser rate than 24x7 support. However, as an optional upgrade, Client may purchase Software Support for these TriTech Software applications on a 24x7 basis (this option is not available for CrimeView or Fire View) with the applicable adjustment in support fee . If this option has been chosen, check the box below: Optional Support Upgrade to 24x7 f~r Inform RMS/FBR Optional Support Upgrade to 24x7 for Inform Jail Optional Support Upgrade to 24x7 for Inform Fire Ham ett County Copyright © 20 19 TriTech Software Systems Unpublished: Rig hts reserved under th e copyright laws o f th e United States Page 14 of25 YesO YesO YesO Software S upport Agreement lnfonn 071519 HCBOC Page 386 ADDENDUMB SOFTWARE ERROR CORRECTION GUIDELINES AND PROCEDURES (I) All TriTech Software Errors reported by Client's personnel shall be resolved as set forth below. The response and resolution plan will be based upon the Service Level Agreement terms specified below by product. The Client may elect to downgrade the urgency of the issue if the operational impact is not severe. The Client may also request an upgraded response to a lower priority issue if the issue has a significant operation impact by requesting to speak to a supervisor/manager from TriTech's Customer Service Group. (2) If Client determines a Software Error exists, Client shall immediately notify TriTech by telephone, followed by an error report in writing, setting forth the defects noted with specificity requested by TriTech. Note (a): Critical Priority and Urgent Software Errors must be reported via telephone at the number listed in the Support Issues Priority and Response Matrix under section (9) below. If Critical Priority or Urgent Priority Software Errors are not reported via the telephone, the stated response and resolution times will not apply. Note (b ): High, Medium, and Lower Priority Software Errors may be reported via email to the address li s ted in the matrix below, or through TriTech 's Support website via the Customer Service portal on TriTech's website. (3) "Normal Customer Service Hours" (Busines s Hours) are 7:30a.m. through 7 :30p.m. (Central), Monday through Friday, excluding TriTech holidays. (4) The main support line will be answered by TriTech 's Customer Service Department, or TriTech 's answering service, depending on the time/day of the call. During Normal Customer Service Hours, a Customer Service Representative will directly answer the support telephone call. If a Customer Service Representative is not available to answer your call during Normal Customer Service Hours , the call will automatically be routed to the TriTech operator. If all Customer Service Representatives are busy, the operator will offer the option to leave a message, or in the case of a Critical Priority problem, as described below, locate a Customer Service Representative. (5) Following Normal Customer Service Hours, the call will be automatically routed to TriTech 's answering service. Any calls routed to the answering service will be escalated to an on-call Customer Service Representative on-call for prompt follow-up and resolution, if required. (6) During Normal Customer Service Hours , each issue will be assigned a ticket number. This number should be used for all subsequent inquiries relating to the original reported issue. Problems reported after Normal Customer Service Hours will be logged and assigned an issue number the next business day. Enhancement requests should be emailed to support@tritech.com. Hamett County Copyright © 20 19 TriTech So ftware System s Un publish ed: Ri ghts reserved under the cop)'li ght laws o f the United States Page 15 of25 Software Support Agreement lnfonn 071519 HCBOC Page 387 (7) TriTech has approved Bomgar as the sole primary form of support connectivity for TriTech 's software applications. Bomgar provides for passwords, advanced authentication , encryption and logging that meet or exceed FBI CJIS standards. The data is stored in a secure technology facility meeting FBI standards. The Client has access to log information through the TriTech support ticket management system Client portal on TriTech 's website. Backup support connectivity is also required. The Client will ensure there is either reliable cellular coverage or a landline telephone in each physical area in which a Server or interface equipment is located to allow the Client's team to assist in troubleshooting. (8) Reported software errors will be responded to and resolved in accordance with the Priorities and Response Matrix in Section 9 below. If requested or specified in the response time criteria below, a TriTech representative will return the call in a manner consistent with the priority and order in which the call was received. Client will make every effort to respond to TriTech in a timely fashion when requests are made for follow-up calls or additional documentation on the reported problem. a. If a response is not received , or a resolution is not provided in accordance with the Priorities and Response Matrix, the Client may request escalation of the issue in accordance with the TriTech Documentation. (9) Priorities and Support Response Matrix The following priority matrix relates to software errors resulting from the TriTech Software as further defined in this Agreement. Causes related to non-covered causes -such as hardware, network, and third party products -are not included in this priority matrix and are outside the scope of this Agreement. Hamett County Copyright © 2019 TriTech Software Sys tems Unpublish ed : Rights reserved under th e copyrig ht laws of th e United States Page 16 of 25 Software Support Agree ment Inform 071519 HCBOC Page 388 Inform CAD, Inform Mobile, Inform Me, Field Ops, Inform Browser, Interfaces, and GIS Link Response Matrix Priority Priority I - C ritical Priority Priority 2- Urgeot Priority Priority 3 - High Priority Hamett County Issue Definition 24x7 Support for li ve operations on the producti on system : A system down event which severely impacts the ability of Users to dispatch emergency units. This is defined as the fo ll owing: • Inform CAD, Inform Mobile, l nform Me, Field Ops, or Interfaces are down as further defined in th e Specia l Note #I below. • Cri t ical servers inoperative, as listed in Special Note# I . • Complete interruption of call taking and/or di s patch operations • Loss of transactional data & transactional data corruption This mean s one or more critical server components are non-functional disabling lnform CAD, or In form Mobile works ta tion s, or disabling Inform Me, or Field Ops. These Software Errors are defined in Special Note #1, below. 24x7 Support for live operations on the production system: A seriou s Software Error with no workaround not meeting the criteria of a Critical Priority, but which severely impacts the abil ity of Users to enter incoming calls for ser vice and/or dispatch emergency units . Such errors wi ll be consistent and reprodu cible. A significant number of the lnfonn CAD, or Inform Mobile, workstations are negatively impacted by this error (e.g., does not apply to a minimal set of ln fonn CA D or lnfonn mobile worksta ti ons, or In form Me or Field Ops users). These Software Errors are defined in mo re detail in Special Note #2, below. Normal Customer Service Hours Support: A Software Error not meeting the criteria of a Critical or Urgent Pri ority, has a workaround avai lab le, but which does negati vely impact th e User from entering incomin g calls for service and/or dispatching emergency units, or perform a common call taking o r di spatch fu ncti on. Such errors will be consistent and reproducible. A signi fi cant number of Inform CAD, or Inform Mobil e, workstations, or In form Me o r Field Ops users are negatively impacted by this error (e.g., does not apply to a minima l set of workstati ons or users). Copyright <0 20 19 TriTech Software Systems Unpub li shed: Rights reserved under th e copyright laws o f the United States Page 17 of25 Response Time Normal Customer Service Hours: Telephone calls to 800. 987.0911 will be immediately answered and managed by the first available representative but not longer than 5 minutes. After Normal Customer Service Hours: Thirty (30) minute callback after client telephone contact to 800. 987.0911. Priority I issues m ust be called in v ia 800. 987.0911 in order to receive th is level ofresponse. Nonna) Customer Service Hours: Telephone calls to 800. 987.0911 will be answered and managed by the first available representative but not longer than 5 minutes. After Normal Customer Service Hours: One ( J) hour callback after client telephone contact to 800. 987.09 11. Priority 2 issues must be called in via 800. 987.0911 in order to recei ve thi s level of response. Norma l Customer Service Hours: Telephone calls to 800. 987.09 11 will be answered by the first available representative but not longer than 5 minutes after the initial phone call. High Priority issues may also be reported via support@tritech.com. High Priority Issues are not managed after Normal Customer Service Hours. Software Support Agreement lnfonn 071519 HCBOC Page 389 I Priority Issue Definition Priority 4-Normal Customer Service Hours Support: A Medium Priority Software Error related to a user function which does not negatively impact the User from entering incoming calls for service and/or di spatch emergency units, or perform a common call taking or dispatch function. This includes system administrator functions. Priority 5-Nonna! Customer Service Hours Support: Low Priority Cosmetic or Documentation errors, including Client technical questions or usability question s Priority Resolution Process Priority 1-TriTech will provide a procedural or configuration Critical Priority workaround or a code correction that allows the Client to res ume li ve operations on the production system. Priority 2 -TriTech will provide a procedural or configuration Urgent Priority workaround or a code correction that allows the C lient to resume normal operations on the production system. Priority 3 -TriTech will provide a procedural or configuration High Priority workaround that allows the Client to resolve the problem. Priority 4-lfTriTech determines that a reported Medium Medium Priority Priority error requires a code correction, such issues will be addressed in a subsequent release when applicable. Hamett County Copyri ght © 2019 TriTech Software System s Unpublished: Rights reserved under the copyright laws of the United States Page 18 of25 Response Time Normal Customer Service Hours: Telephone calls to 800. 987.0911 will be answered and managed by the first available representative but not longer than 5 minutes after the initial phone call. Medium Priority issues may also be reported via support@tri tech.com. Medium Priority issues are not managed after Normal Customer Service Hours. Normal Customer Service Hours: Telephone calls to 800. 987.0911 will be answered and managed by the first available representative but not longer than 5 minutes after the initial phone call. Low Priority issues may also be reported via support@tri tech .com. Low Priority issues are not managed after Normal Customer Service Hours. Resolution Time TriTech will work continuously (including after hours) to provide the Client with a solution that allows the Client to resume live operations on the production system. TriTech will use commercially reasonable efforts to resol ve the issue as soon as poss ible and not l ater than 12 hours after notification. TriTech will work continuously (including after hours) to provide the Client with a solution that allows th e Client to resume normal operations on the production system. TriTech will use commercially reasonable efforts to reso lve the issue as soon as possible and not later than 36 hours after notification . TriTech will work to prov ide the Client with a resolution which ma y include a workaround or code correction within a timeframe that takes into consideration the impact of the issue on the Client and TriTech's User base. Priority 3 i ssues have priority scheduling in a subsequent release. TriTech will work to provide the C lient with a resolution which may include a workaround or code correction in a future release of th e software. Priority 4 is s ues have no guaranteed resolution time. Software S upport Agreement lnfonn 071519 HCBOC Page 390 Priority Resolution Process Resolution Time Priority 5-Low Priority issues are logged by TriTech and There is no guaranteed resolution time for Low Low Priority addressed at the company's discretion according to Priority issues. TriTech's roadmap planning process. Special Note #1: Priori ty I -Critical Priority issues meeting the previously noted criteria are defined as follows: I . Inform CAD: a. Users are unable to enter new requests for service via the emergency or scheduled call taking screen. b. AJI users are unable to verify an address from within the emergency or scheduled call taking screen. c. The Inform CAD System is down and all workstations will not launch or function . d. The Inform CAD System is inoperable due to transactional data corruption caused by TriTech Software. e . The Inform CAD Reporting and Archiving Server is down and the system is configured to use the Reporting Server for dispatching functions (e. g., Premise Hi story). f. Law enforcement users are unable to send or receive justice queries (this priority applies if the functionality is avai lable through no other available methods). 2 . lnfonn Mobile, Inform Me, Field Ops: a. The Inform Mobile System, Inform Me or Field Ops is down and all unit mobile devices are unable to log in or function. b. The Infonn Mobile System is inoperable due to data corruption caused by TriTech Software. c. Law enforcement users are unable to send or receive justice queries (this priority applies if the functionality is available through no other available methods). 3. Inform Browser, and GJSLink: a. There are no Critical Priority (Priority I) issues for these products. Special Note #2: Priority 2 -Urgent Priority issues, meeting the previously noted criteria, are defined as follows: I. Inform CAD: a. In form CAD users are severely impacted due to one of the following conditi ons: i. A significant number of users (50% or more) are unable to verify an address from within the emergency or scheduled call-taking screen. 11. The inabil ity to view/edit premise or caution note information. 111. The inability to send and receive text messagin g (within CAD, CAD to Mobile, or Mobile to Mobile). 1v. The system does not perform unit recommendations. v. Inability to assign a unit to an incident. v1. Inability to change a unit 's status. vii. Inability to c lo se an incident. viii . In abi lity to view incident information needed to dispatch an inci dent. ix. Di saster Recovery System, foJlo wing a test failover is inoperable for more than one (I) business day 2. Inform Mobile, Inform Me, Field Ops: a . Inform Mobile, Inform Me or Field Ops users are severely impacted due to one of th e foJlowing conditions: 1. Inability to receive new requests for service from Inform CAD. ii. Inability to view incident information needed to di spatch an incident. m . The inability to send and receive text m essaging (within CAD, CAD to Mobile, or Mobile to Mobile). iv. Inability to enter a traffic stop or o n-v iew incident. v. The inability to view premise or caution note information. v1. Di saster Recovery System, following a test failover is inoperable for more than one (]) business day. 3. Inform CAD/Mobile Interfaces: Hamett County a. An Inform CAD Stat ion Alerting Interface is d own or Inform CAD Station Alerting Int erface repeatedly fails to process a station alert, as part of a unit assignment, or if there is a reoccurring significant delay in the interface processin g a station alert a s part of a unit ass ignment ( once it is diagnosed that is not being caused by the station alerting system). b. An Inform CAD Pag ing Interface is down. c. An interface used for personnel rostering is down. d . A CAD-to-CAD interface is d own or repeatedly fails to process information into an incident. Copyright© 2019 TriTech Software Systems Software Support Agreement lnfonn Unpublished: Ri ghts reserved under the copyright laws of the United States Page 19 of25 071519 HCBOC Page 391 e . An Infonn CAD Paging Interface repeatedly fails to process a unit a lert as part of a unit assignment. f. An ANI /AU interface repeatedly fails to process infonnation into an incident. g. An interface to an external rostering system used to logon units is down. h. An A YL interface fails to process updates for over 50% of units. 1. A mobile interface (MDT or MDC) repeatedly fails to process incident or status change infonnation. j . A Standard CAD to Externa l System In cid ent Data Transfer Interface License (RMS) is down. 4. lnfonn Browser: a. In form Browser is down and no work stations are able to login (unrelated to the Client 's network). 5. GISLink: a. There are no Urgent Priority (Priority 2) issues for thi s product. Additional lnfonnation: • Di saster Recovery and Training CAD/Mobile Systems do not generally qualify for after Nonna! Customer Service Hours support. This wou ld change if the Production System has failed over to the Disaster Recovery System, or during a fa il over of the Disaster Recovery System, the Disaster Recovery System will be supported as the Production System. Following a test failover if the Disaster Recovery System is inoperable for more than one (I) business day, TriTech will work to resolve the problem according to the Priority 2 response and resolution criteria included above. • Modifications to installed ln fonn CAD/Mobile Licensed Software that operates with State and Nati onal Criminal Justice Infonnation Systems (State CJIS/NCIC) systems to accommodate Government Mandated Changes, as necessary, dictated by State and Federal agencies having authority over these programs will be provided in a subsequent update. Hamett County Copyright © 2019 TriTech Software Systems Unpubli shed: Ri ghts reserved under the copyright laws o f the United States Page 20 of 25 Software Support Agreement Inform 071519 HCBOC Page 392 Inform RMSIFBR, Inform Jail, Inform Fire Priority Issue Definition Priority I -Normal Customer Service Hours Support for live operations on the production system: A system Critical Priority dovm event which severel y impacts the abi lity of Users to log on the system , or severel y impact s the ability of Users to book or re lease inm ates. This is defined as the following : • In form RMS/FBR, In form Jail , or Inform Fi re server software inoperati ve • Loss of ability for all lnfonn RM S/FBR, Inform Jail , or Inform Fire users to log on to system • In form Jail system down • Loss of tran sactional data & tran sactional d ata corruption This means one or more critica l server components are non-functional di sabling Inform RMS/FBR, Inform Jai l, or Inform Fire wo rkstati ons. These Software Errors are defined in Special Note #I , below. Priority 2-Norm al Customer Service Ho urs Support for li ve Urgent Priority o perati ons on the production system : A serious Software Error with no workaround not meeting the criteri a of a Critical Priority, but which severely impacts the ability of Users from performing a common function , or severely im pacts the ability of Users to b ook or release inmates. S uch errors will be consistent and reprodu cible. • Los s of ability for In form RM S users to enter Ca se (Incident, Arrest and Custody) r ecord s into the system • Loss of ability to transfer I nfonn FB R Repo rts • Unable to book or release inmates A significant number of th e Inform RM S, Inform Jail, l nfonn FBR, or Inform Fire workstations are negative ly impacted by thi s error (e.g., does n o t apply to a minima l set of In form RMS/FBR, In form Jail , or In form Fire workstations). These Software Errors are defined in more detail in Special Note #2, below. Hamett County Copyri ght <0 2019 TriTech Software Systems Unpublish ed: Rights reserved under the copyright laws of th e United States Page 2 1 o f 25 Response Time Normal Customer Service Hours : Telephone calls to 800. 987.09 11 will be immediately answered and managed by the first available representative but not longer than 5 minutes . After Normal Customer Service Hours: Unless optional 24x7 support is contracted, s upport for fllform RMSIFBR, Inform Jail, and Inform Fire is not managed after Normal Custom er Service Hours . If optional 24x7 support is contracted, after No rmal Customer Service Hours: Thirty (30) minute ca ll ba ck after Client telephone contact to 800.987.0911. Priori ty I issues mu st be called in v ia 800. 987.0911 in o rder to receive this level of respon se. Normal Customer Service Hours: Telephone calls to 800. 987.091 1 wiJI be immediat ely answered and managed by th e first av ailable r epresentati ve but not longer th an 5 minutes. After Normal C ustomer Service Hours: Unless optional 24x7 support is collfracted , s upport for Inform RMIFBRS, Inform Jail, and Inform Fire is 1101 managed after Normal Customer Service Hours. If optional 24x7 s upport is co ntrac t ed, after Normal Customer Service Hours: One (I) hour call ba ck after Client telephone contact to 800.987.0911. Priority 2 issues must be called in via 800. 987.0911 in order to receive this level of re sponse Software Support Agreement lnfonn 071519 HCBOC Page 393 Priority Issue Definition Priority 3 -Nonna! Customer Service Hours Support: A High Priority Software Error not meeting the criteria of a Cri ti ca l or Urgent Priority, has a workaround available, but which does negatively impact the User from perfonning a common Infonn RMS, Infonn Jail , Infonn FBR, or Infonn Fire functi on. Such errors will be consistent and reproducible. • Loss of Non-Critical Data (with "Non- Criti cal" being defined as not causi ng an error classified as a PI or P2 error (above). • NIBRS State reporting issues that cause agency repons to exceed State error submission limits • UCR reporting multiple occurrence of inaccurate data A significant number of Infonn RMS/FBR, lnfonn Jail , or lnfonn Fire workstations are negatively impacted by thi s error (e.g., does not annlv to a minimal set of workstations). Priority 4-Nonna! C ustomer Service Hours Support: A Medium Priority Software Error related to a user function which does not negatively impact th e User by preventing routine use of the system. This includes system administrator functi ons. Priority 5-Nonna] C ustomer Service Hours Support: Low Priority Cosmetic or Documentation errors , including Client technical questions or usabi li ty questions Priority Resolution Process Priority I -TriTech will provide a procedural or configuration workaround or a code correction that allows the Critical Priority Client to res ume li ve o perati ons on the production system. Hamett County Copyright © 2019 TriTech Software Systems Unpublished : Rights reserved under th e copyright laws of the United States Page 22 of25 Response Time Nonna! Customer Service Hours: Telephone calls to 800. 987.0911 by the first available representative but not lo nger tha n 5 minutes after the initial phone call. High Priority issues may also be reported via C H ClientServicesTriage@tritech.com. High Pri ority issues are not managed after Nonna! Customer Service Hours . Nonna! Customer Service Hours: Telephone calls to 800. 987.0911 will be answered and managed by the first available representative but not longer than 5 minutes after the initial phone call. Medium Pri ority issues may also be reponed via CH ClientServicesTriage@ tritech .com. Medium Priority issues are not managed after Nonna! Customer Service Ho urs . Nonna! Customer Service Hours: Telephone call s to 800. 987 .091 lwi ll be answered and managed by the first available representati ve but not longer th an 5 minutes after the initial phone cal l. Low Priority issues may also be reported via CH ClientServicesTriage@trit ech.com. Low Priority issues are not manager after Nonna! Customer Service Hours. Resolution Time TriTech wi ll work continuou sly (including after hours) to provid e the Client with a solution that a ll ows the Client to resume live operations on th e production system. TriTech will use commercia ll y reasonable efforts to reso lve the issue as soon as possible and not later than 12 hours after notification. Software Support Agreement lnfonn 071519 HCBOC Page 394 Priority Resolution Process Resolution Time Priority 2-TriTech will provide a procedural or configuration TriTech will work continuously (including after Urgent Priority workaround or a code correction that allows the hours) to provide the Client with a solution that Client to resume normal operations on the allows the Client to resume normal operations on production system . the production system. TriTech will use commercially reasonable efforts to resolve the issue as soon as po ssi ble and not later than 36 hours after notification. Priority 3 -TriTech will provide a procedural or configuration TriTech will work to provide the Client with a High Priority workaround that allows the Client to resolve the resolution which may include a workaround or problem. code correction within a timeframe that takes into consideration the impact of the issue on the Client and TriTech 's User base. Priority 3 issues have priority schedul ing in a su bsequent release. Priority 4 -lfTriTech determines that a reported Medium TriTech will work to provide the Client with a Medium Priority Priority error requires a code correction, such resolution which may include a workaround or issues will be addressed in a subsequent release code correction in a future release of the so ftware. when applicable. Priority 4 issues have no guaranteed resolu tion time. Priority 5-Low Priority issues are logged by TriTech and There is no guaranteed resolution time for Low Low Priority addressed at the company's discretion according to Priority issues. TriTech's roadmap planning process. Special Note #1: Priority I -Critical Priority issues meeting the previously noted criteria are defined as follows: l . lnfonn RMS/FBR: a. The Inform RMS/FBR System Server is down and unavailable for queries. b. The Inform RMS/FBR is inoperable due to data corruption caused by TriTech Software. c. Law enforcement users are unable to send or receive justice queri es and transaction s (thi s Priority app lies if the functionality is available through no other avai labl e methods within the TriTech Softw are). 2. Inform Jail : a. The lnfonn Jail System is down and all workstat ions will not laun ch or function. b. The Inform Jail System is inoperable due to transactional data corruption cau sed by TriTech Software. c. Inform Jail users are unable to book or release inmates. 3. lnfonn Fire: a. The Inform Fire Server is down and unavailable to process NFIRS report s. b. The Inform Fire Server is inoperable due to data corruption caused by TriTech Software. Special No te #2: Priori ty 2 -Urgent Priority issues , meeting the previously noted criteria, are defined as follows: I . Inform RMS/FBR: a. The inability to create, save, access, or close records. b. The inability to en ter property in the evidence module. c. The inability to mo ve a piece of property to another lo cation. d. The inability to ass ign a case to an in vestigator. e. The inability to create UCR/NIBRS State Reports. f. The inability to complete an expungement on a name record. g. Th e system does not di sp lay active master name alerts. h. The system does not di splay active warrants for a master name. i. The inability to provide master resolution during entry. j. The inability to transfer a report from FBR to RMS. k. A report is unabl e to complete the approval workflow. 2. Inform Jail: a. Inform Jail users are severely impacted due to one of the fo llowing condition s: 1. Unable to book or release inmates. 3. Infonn Fire: a. The inability to create save, access or close fire records. Ham ett County Copyright © 2019 TriTech Software Systems Unpubli shed: Right s reserved und er the copyright laws of the United States Page 23 of25 Software Support Agreement lnfonn 071519 HCBOC Page 395 b. The inability to create save, access or close inspections records . c. The inability to create save, access or close hazard records. Additional lnfonnation: • State and Federal mandates relating to justice queries and reporting change fi-om time to time. The following changes are considered covered s upport item s: A. Modifications to installed Unifonn Crime Reporting (UCR) Program or National Incident Based Reporting System (N IBRS) facilities within the Infonn RMS Licensed Software, or National Fire Incident Reporting System (NFIRS) within Jnfonn Fire as necessary, in order to accommodate Government Mandated Changes dictated by State and Federal agencies ha v ing authority over these programs. Such modifications do not include fees associated with the development and implementation for transition fi-om UCR to NIBRS, or costs for new hardware if applicable. TriTech will provide a quotation for associated services or hardware. Hamett County Copyright © 2019 TriTech Software Systems Unpublished : Rights reserved und er the copyright law s of the United States Page 24 of25 Software Suppon Agreement lnfonn 071519 HCBOC Page 396 ADDENDUMC SUBCONTRACTOR SUPPORT TERMS Not Applicable. Harnett County Copyright © 20 19 TriTech Software Systems Unpublished: Ri ghts reserved und er th e copyright laws of the United States Page 25 of25 Software S upport Agreement lnfonn 071519 HCBOC Page 397 TriTech Software Systems 9477 Waples Street, Ste . 100 San Diego, CA 92121 Phone: 858.799.7000 Fax: 858.799.7011 www.tritech.com IQ Subscription Service License & Use Agreement I. Subscription Service License and Use Agreement. This Subscription Service License & Use Agreement (the "Agreement") is made by and between, TriTech Software Systems (hereinafter referred to as "TriTech ") and the client named on the signature page attached hereto ("Client") as of the date of last signature below. TriTech and Client may also be referred to herein individually as "Party", or collectively as the "Parties". The Parties have entered into a System Purchase Agreement (the "Purchase Agreement") which includes the provision of the subscription services defined in this Agreement and the Statement of Work , if applicable (the "SOW") attached as Addendum A-1 to the Purchase Agreement. II. Services; Software. A. Under the terms of this Agreement, TriTech will be responsible for providing the following services ("Services"): (i) Hosting TriTech's software ("Software" as further specified below in Schedule A "Licensed Products") for its online programs and corresponding module(s) as indicated in the Purchase Agreement; (ii) Providing the Client with technical support for the Software as set forth in Schedule B ("Technical Support"), database hosting and other related services as further defined in the Purchase Agreement and SOW; (iii) Providing the Client with remote access to search Client's data and report on Client's data through the Software and the applicable database(s) for Authorized Users (as defined in Section Ill (B) hereof) for 24 hours per day, 7 days per week, except as otherwise provided in Schedule B hereto with respect to scheduled maintenance; and further provided, that TriTech shall not be responsible for connectivity issues due to an event of Force Majeure, as defined in paragraph B below; (iv) Providing the Client with certain user manuals and/or on-line Software education or other information on the TriTech website to assist C lient with its use of the Software ("Documentation"); (v) Enabling Client to update the applicable databases and obtain the agreed upon data processing output; (vi) Providing any other Software related services stated in the Purchase Agreement (together, the "Subscription Services"). Schedule B and any Documentation may be updated by TriTech from time to time in its sole discretion upon written notice to Client; (vii) Providing the Client with initial training as stated in the Purchase Agreement; and (viii) Populating the Software and the associated database(s) with Client Information (as defined in Section VII (B) hereof) and otherwise assist Client with the setup of the Software (together, the "Implementation Services"). (ix) If applicable , TriTech and Client shall mutually agree in writing on a schedule for transfer of data from Client's existing system to the appli cable . Subscription Servi ce License & Use Agreement 20 TriTech Software Syst ems © 2018 Page 1 of 071519 HCBOC Page 398 B. Force Majeure . TriTech shall not be responsible for delays in performan ce, including connecti vity is sues, due to disruption of internet services, war, acts of terrorism , strike, fire , riot or insurrection , natural disaster, delay of carriers , governmental order or regulation , unavailability of facilities , equipment or software from suppliers, the actions or omissions of Client or its officers, directors, employees, agents, contractors or elected officials and /or other similar occurrences beyond TriTech's reasonable control. C . This Agreement allows Client to use the Software located on TriTech 's servers, to which Client will be granted limited remote access . Client shall not receive a physical copy of the Software in any form , but will have the ability to use the Software on TriTech 's servers , and to access the Software remotely as directed by TriTech . Ill. License; Access . A. Provided that Client has paid the applicable Fees (as defined in Section IV (A) hereof), TriTech grants to Client a limited non-exclusi ve, non-transferable license to use the Subscription Services, including the Software located on TriTech's servers , through Client's computer(s) for Cl ient's internal operational use only for the Term set forth in Section V unless otherwise agreed to by TriTech in writing, and TriTech shall perform the applicable Implementation Services for the Client. The Subscription Services may only be accessed by an Authorized User. Client is expressly prohibited from sublicensing , selling , renting , leasing, providing service bureau or timeshare services, distributing or otherwise making the Subscription Services or the Software available to third parties other than any third-party Authorized Users . B. For purposes of this Agreement , an "Authorized User" is an individual (i) who is an employee of Client, a contractor or other representative of Cli ent and (ii) who h a s been properly is sued a valid password that subsequently has not been deactivated . C. Ac cess to the Subscription Services by Authori zed Users is enabled onl y by passwords to Author ized Users. Client is solely responsible for the management and control of tho se passwords and Authorized Users shall not be permitted to disclose or transfer a password to any third party. Client shall assign a "Clien t Administrator" to provide such password management and control. Upon reque st by Client, additional Authorized Users' passwords shall be activated by TriTech. D. Client acknowledges (i) that the protection of password s issued to Authorized Users is an integral part of TriTech 's security and data protection process and procedures and , (ii) that TriTech will rely on Client utilizing and maintaining proper password control obligations and procedure s. In the event that Clie nt has reasonable cause to believe that a password is being improperly used by an Authorized User or used by an unauthorized person , Client shall promptly notify TriTech . TriTech reserves the right to deactivate a compromised pass word immediately upon notice from Client without further notice to Client or the affected Authorized User. TriTech shall have the right, at its sole cost and expense, to utiliz e an independent certified accounting firm , to verify the number of passwords that have been issued for use by Authorized Users of the Client and use of these passwords within Client's organization in compliance with the terms of this Agreement. E. The number of Authori zed Users having the ability to access the Subscr iption Services at any single moment in ti m e shall be specified In the Purchase Agreement. Subscri ption Service Lice nse & Use Agreement TriTech .com TriTech Software System s© 2018 2 of 20 071519 HCBOC Page 399 IV. Fees; Payment; Taxes. A. As consideration for use of the Subscription Services and the Implementation Services during the initial contract term , Client shall pay those fees and charges set forth in the Purchase Agreement (together, "Fees"). Subscription fees are due on an annual basis. Failure to pay may result in suspension or termination of your account until payment is made. Thereafter, fees are subject to change upon each successive renewal which shall be mutually agreed and set forth in the Renewal Notice. B . As consideration for use of the Subscription Services during renewal contract terms, Client shall pay those fees and charges set forth in the Renewal Notice (together, "Fees"). C . TriTech shall notify Client prior to the end of the initial subscription term of the subscription fees for the first renewal term. Unless otherwise agreed in writing, subscription fees shall be due on or before the commencement of each annual subscription term. Subscription fee for the first renewal term and all renewals thereafter shall be subject to increase on an annual basis at a rate of 5% D. All amounts due and payable to TriTech hereunder shall , if not paid when due, bear a late charge equal to one and one-half percent (1-1/2 %) per month, or the highest rate permitted by law, whichever is less , from fifteen (15) days after their due date until paid. Remittance Address for Payments Only: TriTech Software Systems P.O. Box 203223 Dallas, TX 75320-3223 E. Payments may be made by check, wire transfer, or Automated Clearing House ("ACH "). TriTech will provide banking information if Client requests to pay by wire transfer or ACH . F. Any amounts payable pursuant to this Agreement are to be net to TriTech and shall not include taxes or other governmental charges or surcharges , if any. In addition to the fees and charges due TriTech under this Agreement, Client shall remain liable for and shall pay all local , state, and federal sales, use, excise, personal property, or other similar taxes or duties, and all other taxes, which may now or hereafter be imposed upon this Agreement or possession or use of the Software , excluding taxes based on TriTech 's income. V. Term and Termination; Suspension of Services. A . This Agreement shall commence upon execution hereof and shall continue in full force and effect for a period of two (2) years ("Initial Term ") from the date of activation unless the Agreement is otherwise terminated as set forth herein . The "date of activation" will be defined as the date of the completion of Ad min Training, at which time the Client will be able to access the system and authorize users. If Client terminates this Agreement without cause at any time from contract execution through the Initial Term, Client shall pay one hundred percent (100%) of the remaining fees owed for the Initial Term plus implementation fees if not already paid. If Client terminates this Agreement for convenience during any Renewal Term, Client shall pay a pro rata share of the subscription fees as of the effective date of termination . Subscription Service Licen se & Use Agreement 20 TriTech Software Systems © 2018 Page 3 of 071519 HCBOC Page 400 B. At th e conclusion of the Initial Term , this Agreement may be renewed for successive one (1) year terms (each a "Renewal Term"), upon t he mutual written consent of both pa rt ies at leas t (30 ) days prior to the end of the Ini ti al Term or any Renew a l Term . (The Initial Term and any Renewal Term collectively are referred to he rein as the "Term"). C . E ither Party may terminate this Agreemen t (i) immediately if t he other pa rty becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to insol vency, receivership , liquidation or compos ition for the benefit of c reditors, or (ii ) immediately if the other party beco mes the subject of an involu ntary petition in bankruptcy or any voluntary proceeding relating to inso lve ncy, receivership, liquidation or composition for the benefit of cred itors , and such petition or proceedi ng is not dismissed with in sixt y (60) days of filing . D. Client may terminate this Agreement if TriTech breac hes any term or cond ition of this Agreement and fails to cure such breach w ithin th irty (3 0 ) days after rece ipt of written notice of the same. E. In addition to the circumstances as described in Subsection V(F) below, TriTech may terminate the Agreement at any time upon th irty (30 ) days pr ior w r itten notice to the Client. In the event of termination by TriTech pursuant to t his Subsection V(E), Client shall be entitled to a refund of a prorated portion of the annual subscription fees a lread y paid for the the n-current Term . F . If Client's scheduled Subscription Services payment or any other amount due and owing by Client to TriTech is delinquent , TriTech may, in its sole discretion, immediately terminate or suspend all or any portion of the Servi ces forty-five (45) days after the date payment is due. G Upon the effective date of exp iration or termination of this Agreement: (i) TriTech w ill immediately cease providing Client with any Services it is providing and any other applicable component of the Serv ices ; (i i) all issued pas s words shall be deactivated ; and (ii i ) Client shall immediately pay in full to TriTech a ny and all monies that are owe d by the Client to TriTech under this Agreement for the Services furn ished up to the effective date of the Agreement's termination or exp irat ion . H . Upon TriTech 's reasonable belief that tortious or criminal or otherwise improper activity may be associated with Client's utilization of the Servi ces , TriTech may , w ithout incurring any liabil ity, temporarily suspend or discontinue t he Services pend i ng investigation and resolution of the issue or issues involved . I. If all or any components of the Services ha ve been terminated as a result of a breach by Client, or suspended as provided herein , and Cl ient requests that all or any component of the Services be restored , TriTech has the sole and absolute discretion whether or not to restore such Services ; and further, any such restoration shall be conditioned upon TriTech 's receipt of all Fees due and owing hereunder. J . In the event of exp iration or termination of th is Agreement for any reason , each Party shall promptly return to the other Party or destroy all copies of the othe r Party's Confidential Information (including notes and other derivative material) that it has received pursuant to Section VII hereof. Within thirty (30) days of termination or expiration of the Agreement, TriTech shall remove and destroy Cl ient's data. TriTech will not return the data to the Client as the Client still re tains the source data . Subscrip tion Se rvice License & Use Agreement 20 TriTech Software System s© 2018 Page 4 of 071519 HCBOC Page 401 K. Sections IV, V, VII , VIII , IX, X , XI , XII , XIII and XIV shall survive any termination of this Agreement, as well as any other obligations of the Parties that contemplate performance by a Party following the termination of this Agreement. VI. Client Responsibilities . A. In conjunction with its obligation to participate in the Implementation Services, Client will assign personnel with the required skills and authority to perform the applicable tasks effectively and , further, will make best efforts to meet its obligation to supply information and otherwise assist as necessary to effect the commencement of the Subscription Services via the Implementation Services . Management of Client's responsibilities in conjunction with the Subscription Services after implementation shall be assigned to a Client Administrator who has attended training offered by TriTech to Client. The Client Administrator that the Client appoints may be replaced at any time at the sole discretion of the Client upon Client's written notice to TriTech so long as the newly appointed Client Administrator has attended TriTech's training . Client will be charged additional fees for any such training for Client's employees beyond the initial training for the Software that is a part of the Implementation Services . B. Client is responsible for providing hardware , operating system and browser software that meets TriTech 's technical specifications , as well as providing and maintaining a fast, stable, high speed connection and remote connectivity. C. Client is solely responsible for the integrity of all data and information that is provided to TriTech under this Agreement (i.e ., the Client Information), including completeness, accuracy, validity, authorization for use and integrity over time, regardless of form and format , and whether or not such data is used in conjunction with the Subscription Services . Further, it is solely Client's responsibility to assure that the initial and one- time importing of the Client Information into Client's database by TriTech has been properly performed , acknowledging that thereafter the completion of the initial setup of all Code Files not already populated by TriTech and the input and modification of Client's database shall be performed solely by Client. The Client Information that is to be included in Client's database shall be provided by Client in a digital form that complies with the requirements of the Client Information format as stated in TriTech 's policy for inputting Client Information in any Documentation TriTech provides to Cl ient. In addition, Client is solely responsible for the accuracy of any and all reports, displays and /or uses of Client Information, whether or not TriTech assisted Client with the development or construction of such reports and displays and other uses of the Client Information. D . Client shall not attempt to decode, disassemble, copy, transm it, transfer or otherwise reverse engineer the Services , including, without limitation , the Software. E . Client is responsible for maintaining an active e-mail account for correspondence with TriTech . G . Client is responsible for maintaining the required certifications for access to Client's state CJIS systems(s), NCIC and/or other local state, federal and/or applicable systems. H. Client is responsible for proper firewall maintenance allowing for data to move from their on-premise data contributing system to the applicable application. Su bscr iption Servi ce Li cen se & Use Ag reement 20 TriTech Software Systems © 20 18 Page 5 of 071519 HCBOC Page 402 VII. Confidentiality, Privacy and Business Associate Provisions. A. In association w ith the execution of this Agreement and TriTech's participation in the use and support of the Software, Client has obtained , will have access to, or will obtain confidential information regarding intellectual property of TriTech , the Software and its contents , sales and marketing plans and other similar information (hereinafter referred to as "Confidential Information"). Client acknowledges that the Software itself represents and embodies certain trade secrets and confidential information of TriTech. Client hereby agrees that, for itself and its shareholders, officers, directors, employees, and agents, Client shall not disclose any of TriTech 's trade secrets or confidential information without TriTech's prior written consent for any such disclosure . B. In association with the execution of this Agreement and the participation of TriTech in the support of the Software, TriTech has obtained or will obtain confidential information of Client regarding the business of Client, Client Information for its utilization in connection with prov iding the Services to Client, the records of patients served by Client, accounts payable and accounts receivable of Client, trade secrets, customer lists, and other similar information . TriTech shall not disclose any of Client's confidential information without Client's prior written consent for any such disclosure . "Client Information" means confidential infor:mation about Client's business or its customers that (i) Client and/or its customers deliver to TriTech for use in its implementation of the Services, which Client subsequently updates and otherwise modifies , and (ii) TriTech hosts on services for access by and transmission to the Authorized Users via the Internet. TriTech shall not use any Client Information except as expressly set forth in this Agreement. C. In addition to TriTech's obligations regarding nondisclosure of Client Information set forth a bove , in the event that TriTech is a "Business Associate ," and Client is a "Covered Entity" pursuant to 45 C.F .R. § 160.103, TriTech shall perform its obligations under this Agreement with respect to Protected Health Information ("PHI ") as provided in Addendum 1 attached to this Agreement. D . Notwithsta nding any provisions of thi s Agreement to the contrary, Client may terminate th is Agreement if Client determines that TriTech has violated a material term of th is Agreement with respect to its functions as a Busines s Associate in a ccordance w ith Addendum 1. E. Confidential Information other than PHI as defined in Addendum 1, shall not include any information that is (i) already known to the receiving Party at the time of the disclosure ; (ii) publicly known at the time of the disclosure or becomes publicly known through no wrongful act or failure of the receiving Party; (iii) subseque ntly disclos ed to re ceiving Party on a non-confidential basis by a third party not having a confidential relationship with the other Party hereto that rightfully acquired such information ; (iv) communicated to a third party by receiving Party with the express written consent of the other Party hereto; (v ) legally compelled to be disclosed pursuant to a subpoena, summons , order or other judicial or governmental process, provided the receiving Party provides prompt notice of any such subpoena, order, etc. to the other Party so that such Party will have the opportunity to obtain a protective order; or (vi) is considered a public record pursuant to North Carolina General Statute §132 . F . Each Party agrees to restrict ac cess to the Confidential Information of the other Party to those employees or agents who require access in order to perform the Subscription Services, Implementation Services or Additional Services , acknowledging th a t certain Confidential Information of each Party may be disclosed to Authorized Users as a necess ary function of the Subscription Services; and , exc ept as otherwise provided, Subscripti on Service Li cense & Use Agreem ent 20 TriTech Software Systems © 20 18 Page 6 of 071519 HCBOC Page 403 neither Party shall make Confidential Information available to any other person or entity without the prior written consent of the other Party. G. Notwithstanding the foregoing, Client understands and agrees that TriTech may transfer Confidential Information of Client to a third party hosting entity for the purposes of providing the communications infrastructure, hosting services and/or related support and other operations necessary to deliver all or certain portions of the Services; provided that TriTech, in turn, binds such third party to confidentiality and non- disclosure terms that are at least as protective of TriTech's and Client's interests as the terms stated herein . Client acknowledges that TriTech shall have no responsibility or liability for unauthorized access to or dissemination of Client Information by Authorized Users or other third parties, whether as a result of breach of data security, misappropriation or misuse of passwords or any other cause . VIII. Ownership. A. TriTech owns all rights and title in and to the Services, including , without limitation, the Software, and any Developments, as that term is defined below. Further, Client agrees that the Subscription Services' screens and any output of the Services, excepting the Client Information, are the property of TriTech and subject to United States and other patent, copyright, trademark, trade secret and other applicable laws and treaties and Client agrees that it shall not remove, alter or obstruct any ownership or use legends that TriTech places on any such screens or output of the Services. Nothing contained in this Agreement shall be construed as granting Client any rights in or to the Subscription Services (including , without limitation, the Software and output of the Subscription Services), the deliverables from the Implementation or Additional Services or related Confidential Information, other than the right to use the Services and any applicable Confidential Information of TriTech during the Term , in accordance with this Agreement. Client agrees to contribute its data to a database of information to be utilized by other client agencies to conduct investigations, monitor regional crime trends, and increase transparency to their communities. Notwithstanding anything to the contrary herein, excluding CJIS data, or personally identifying data, Client agrees that TriTech has and retains all rights to use any data and information relating to the Software and Services that is uploaded, inputted, or otherwise made available to TriTech by Client for any commercial purposes during or after the term of this Agreement provide that such data is anonymized ; including information that constitutes, or results in, an improvement or other modification to the Software and Services. TriTech shall retain all rights and ownership to such aggregated data and improvements. As between the parties, TriTech agrees that all Client Information provided to TriTech under this Agreement for TriTech's use in connection with the Subscription Services is the property of Client; provided , however, TriTech shall have the right to retain Client Information in accordance with its obligations under the terms of this Agreement in the event that the return or the destruction of any Client Information is infeasible. The term "Developments" shall mean all programs, upgrades, updates or other enhancements or modifications to the Software , if any, and all Documentation or other materials developed and/or delivered by TriTech in the course of providing technical support or otherwise, under this Agreement. B . Client will not have the ability to copy the Client Information entered onto the Software. Rather, TriTech shall retain the physical copy of the Software, title , right and interest in and to the Software, including upgrades , updates, and/or other enhancements or Subscription Service Licen se & Use Agreement 20 TriTech Software Syste ms © 2018 Page 7 of 071519 HCBOC Page 404 modifications to the Software in any medium, including but not li mited to a ll copyrig hts, patents, trade secrets, trademarks, and other proprietary rights . IX. Disclaimer; Limitation of Liability . A. THE SERV ICES, SOFTWARE AND ANY DOCUMENTATION ARE MADE AVAILABLE FOR CLIENT'S USE "AS IS" AND EXCEPT AS OTHERWISE SPECIFICALLY STATED HEREIN, WITHOUT WARRANTY OF ANY K IND, EITHER EX PRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. B . TRITECH DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR-FREE. CLIENT AGREES TO INDEMN IFY TRITECH AGAINST ANY SUCH LIABILITY TO CLIENT , REGARDING THE CLIENT'S USE OF THE SERVICES, THE SOFTWARE AND ANY DOCUMENTATION OR OTHERWISE, BUT ONLY TO THE PROPORTIONATE EXTENT CAUSED BY CLIENT'S NEGLIGENCE OR WILLFUL MISCONDUCT . IN NO EVENT SHALL TRITECH BE LIABLE TO CLIENT OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT, OR OTHERWISE FOR INCIDENT AL , SPECIAL, INDIRECT, GENERAL, OR CONSEQUENTIAL DAMAGE OR LOSS OF ANY NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PROFITS, INCOME, LOSS OR USE OF DATA, WHICH MAY ARISE IN CONNECTION WITH THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES, SOFTWARE AND ANY DOCUMENTATION EVEN IF TRITECH HAD BEEN ADVISED OF THE POSSIB ILITY OF SUCH DAMAGES. THIS CLAUSE SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY. C . TRITECH DISCLAIMS ALL LIABILITY FOR THE ACCURACY AND /OR COMPLETENESS OF DATA, INCLUDING BUT NOT LIMITED TO DATA SUPPLIED WITH THE SOFTWARE OR AS ADDED OR MODIFIED BY CLIENT OR ANY THIRD PARTY, OR DATA AS PROCESSED ON CLIENT'S OR TRITECH 'S COMPUTER NETWORK. CLIENT BEARS THE ENTIRE RESPONS IBILITY FOR ITS COMPUTER NETWORK, INCLUDING CLIENT'S USE OF THE SOFTWARE, THE PERFORMANCE OF THE SERVICES AND THE SOFTWARE AND THE BEHAVIOR OF THE DATA ON EITHER CLIENT'S OR TRITECH 'S COMPUTER NETWORK. D . TRITECH REPRESENTS AND WARRANTS TO CLIENT THAT, TO TRITECH 'S CURRENT AND ACTUAL KNOWLEDGE, THE SOFTWARE, WHEN USED IN ACCORDANCE WITH THIS AGREEMENT , DOES NOT VIOLATE ANY EXISTING U .S . COPYRIGHTS, PATENTS, TRADEMARKS, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY AS OF THE DATE OF THIS AGREEMENT. TRITECH SHALL INDEMNIFY AND HOLD CLIENT HARMLESS FROM AND AGAINST ANY AND ALL ACTIONS, SUITS, PROCEEDINGS, CLAIMS, DEMANDS , LOSSES, LIABILITIES , COSTS AND E XPENSES, INCLUDING REASONABLE ATTORNEYS FEES, INCURRED BY CLIENT ARISING OUT OF ANY BREACH OF THIS WARRANTY ON THE PART OF TRITECH . E. IN NO EVENT SHALL TRITECH'S TOTAL CUMULATIVE LIABILITY HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND, WHETHER ARISING UNDER CONTRACT , TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY CLIENT AS FEES FOR THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE OCCURRENCE OF THE EVENT THAT GAVE RISE TO SUCH CLAIM . Subscription Service License & Use Agreement 20 TriTech Software Systems © 2018 Page 8 of 071519 HCBOC Page 405 X. Indemnification . Client shall indemnify and hold harmless TriTech from , against , and in respect of the full amount of any and all liabilities , damages , and claims including without limitation, attorneys' fees , arising from, in connection with , or incident to the Client's use or misuse of the Software , but only to the proportionate extent caused by Client's negligence or willful misconduct, except as may otherwise be agreed to in writing by the parties , and except as to any material breach of this Agreement by TriTech . XI. Assignment. Client shall not transfer or assign any of its rights or obligations under this Agreement to any other person or entity without the express written permission of TriTech, which permission shall not be unreasonably withheld . Any assignment without such express written permission of TriTech shall result in the automatic termination of this Agreement. XII . Written Notices. Written notices required or permitted to be given under this Agreement shall be made to the parties at the following addresses and shall be presumed to have been received by the other party (i) (three) 3 days after mailing by the party when notices are sent by First Class Mail, postage prepaid; (ii) upon transmission (if sent via facsimile with a confirmed transmission report); or (iii) upon receipt (if sent by hand delivery or courier service). A. Written Notices to Client: Written notices to Client may be provided at the address listed for Client on the signature page of this Agreement. B. Written Notices to TriTech : TriTech Software Systems 9477 Waples Street, Ste. 100 San Diego, CA 92121 Attention: Contracts XIII. Governing Law. Except to the extent that thi s Agreement is governed by the laws of the United States, this Agreement shall be governed , interpreted and enforced in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions. XIV. Integration. This Agreement and the Purchase Agreement contain the entire understanding between the parties and supersede any proposal or prior agreement regarding the subject matter herein . This Agreement is made for the benefit of the parties , and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate , rescind , or agree to any amendment, waiver, variation or settlement under or relating to this Agreement are not subject to the consent of any third party. Subsc ription Service Li cense & Use Agreement 20 TriTech Software Systems © 201 8 Pag e 9 of 071519 HCBOC Page 406 If any term , clause , sentence, paragraph , article, subsection , section, provision, cond itio n or covenant of t his Agreement is held to be inva lid or unenforceable, for any reason , it shall not affect, impair, invalidate or nullify the remainder of th is Agreement, but the effect thereof shall be confined to the term , clause, sentence , paragraph , article , subsection, section, provision, condition or covenant of this Agreement so adjudged to be invalid or unenforceable . XIV. Non-Appropriation. TriTech acknowledges that Client is a governmental entity and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate . C lient shall provide its best efforts to secure the necessary funding to facilitate the performance and obligations of this Agreement. In the event that public funds are not ava ilable and not appropriated for the performance of obligations under this Agreement, then this Agreement shall automatically expire without penalty 30 days after written notice to TriTech of the non- appropriation of public funds. XV. E-Verify TriTech understands that E-Verify is the federal program operated by the United States Department of Homeland Security and other federal agencies , or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with §64-25(5) of the North Carolina General Statutes . Provide d that TriTech is a person, business entity, or other organization that transacts bus iness in th is State and that employs 25 or more employees in this State, then TriTech understands and certifies that they shall verify the work authorization of the employee through E-Verify in accordance with §64-26{a) of the North Carolina General Statutes . TriTech further certifies that their subcontractors comply with E-Verify pursuant to federal law, and TriTech will ensure compli ance with E-Verify by any subcontractors subsequently hired by TriTech. IN WITNESS WHEREOF , the parties have executed this Agreement on the date fi rst written above . HARNETT COUNTY TRITECHSOFTWARESYSTEMS Accepted By (Signature) Accepted By (Signature ) Cz:odQ t1 ,5pc; ~le -----------------Printed Name Printed Name tbg~ rm an Title Date Harnett County Communications Center Address Line 1 -Company/Agency Name 175 W . Cornelius Harnett Blvd . Address Line 2 -Street Address Lillington, NC 27546 Address Line 3 -City, State , Zip Subscription Service License & Use Agreemen t 20 TriTech Software Systems © 2018 Title Date Pa ge 10 of :z en rn-:a c:, rn z 071519 HCBOC Page 407 Subscription Service License & Use Agreement 20 TriTech Software Systems© 2018 Page 11 of 071519 HCBOC Page 408 Schedule A Subscription Service License & Use Agreement Licensed Products D IQ Search Subscription 181 State IQ Search -Includes access to data of other agencies in home state only, with consent to share Client's data with other agencies nationwide . No Cost for up to 10 seats. D National IQ Search -Includes access to data of other agencies nationwide, with consent to share Client's data with agencies nationwide. D CrimeMapping .com -Included at no additional cost if Client selects a data sharing option above. D CrimeView Dashboard D FireView Dashboard D NEARme D Advanced Reporting Module Product pricing is per the System Purchase Agreement. Subscri pti on Service License & Use Ag ree ment 20 TriTec h Software Sy stem s © 2018 Page 12 of 071519 HCBOC Page 409 Schedule B TECHNICAL SUPPORT This Schedule describes the terms and conditions relating to technical support that TriTech will provide to Client during the Term of the Agreement. Product Updates : From time to time TriTech may develop permanent fixes or solutions to known problems or bugs in the Software and incorporate them in a formal "Update" to the Software . If Client is receiving technical support from TriTech on the general release date for an Update , TriTech will provide the Client with the Update and related Documentation . Technical Support Services: Telephone Assistance. Client will be given the telephone number for TriTech 's support line and will be entitled to contact the support line during normal operating hours , (between 7:30am and 7:30pm Central Time) on regular business days, excluding TriTech holidays, to consult with TriTech technical support staff concerning problem resolution, bug reporting, documentation clarification , and general technical guidance. Assistance may include remote connectivity, modem , or electronic bulletin board . Critical Priority Telephone Assistance after Normal Customer Service Hours . After Normal TriTech Customer Service Hours, emergency support for applications will be answered by our emergency paging service . When connected to the service , the Client shall provide his or her name, organization name, call-back number where the Customer Service Representative may reach the calling party, and a brief description of the problem (including , if applicable , the information that causes the issue to be a Critical Priority Problem). Website Support. Online support is available 24 hours per day, offering Client the ability to resolve its own problems with access to TriTech's most current information . Client will need to enter its designated user name and password to gain access to the technical support areas on TriTech 's website. TriTech 's technical support areas allow Client to: (i) search an up -to-date knowledge base of technical support information , technical t ips, and featured functions ; and (ii) access answers to frequently asked questions (FAQ). Software Problem Reporting . Client may submit requests to TriTech identifying potential problems in the Software . Requests should be in writing and directed to TriTech by e-mail , FAX , or through TriTech 's Support website. TriTech retains the right to determine in its sole discretion the final disposition of all requests, and will inform Client of the disposition of each request. If TriTech decides in its sole judgment to act upon a request, it will do so by providing a bug fix as described above . Scheduled Maintenance. Applications may be unavailable periodically for system maintenance . Regular system maintenance includes installation of the Updates, operating system updates/patches and updates to other third party applications as needed . Clients are notified of maintenance periods via an email message . Su bscr iption Service License & Use Agreement 20 TriTech Software Systems© 2018 Pag e 13 of 071519 HCBOC Page 410 TriTech Service Commitment Provided that Client remains current on payment of its Subscription fees and provides equipment and remote connectivity that meet TriTech 's recommended specifications, TriTech shall: • Maintain the Subscription Services hosting infrastructure which includes OS updates, third party software updates, and hardware upgrades. • Provide product version updates within thirty (30) days of general availability for Cloud operations. • Perform daily backups of application files. • Perform multiple daily database backups. Exclusions from Technical Support Services: TriTech shall have no support obligations with respect to any third party hardware or software product ("Nonqualified Product"). If TriTech provides support services for a problem caused by a Nonqualified Product, or if TriTech's service efforts are increased as a result of a Nonqualified Product, TriTech will charge time and materials for extra service at its current published rates for custom software services. If, in TriTech 's opinion, performance of technical support is made more difficult or impaired because of a Nonqualified Product, TriTech shall so notify Client, and Client will immediately remove the Nonqualified Product at its own risk and expense during any efforts to render technical support under this Agreement. Client shall be solely responsible for the compatibility and functioning of Nonqualified Products with the Software. Client Responsibilities: In connection with TriTech's provision of technical support as described herein, Client acknowledges that Client has the responsibility to do each of the following : 1) Provide hardware, operating system and browser software that meets TriTech's technical specifications, as well as a fast, stable , high speed connection and remote connectivity. 2) Maintain the designated computer system and associated peripheral equipment in good working order in accordance with the manufacturers' specifications, and ensure that any problems reported to TriTech are not due to hardware malfunction; 3) Maintain the designated computer system at the latest code revision level deemed necessary by TriTech for proper,operation of the Software; . 4) Supply TriTech with access to and use of all information and facilities determined to be necessary by TriTech to render the technical support described herein; 5) Perform any test or procedures recommended by TriTech for the purpose of identifying and/or resolving any problems; 6) At all times follow routine operator procedures as specified in the Documentation or any policies of TriTech posted on the TriTech website ; 7) Other than TriTech 's confidentiality obligations with respect to Client Information as set forth in Section VII of this Agreement, Client shall remain solely responsible at all times for the safeguarding of Client's proprietary , confidential, and classified information; and Subscription Service License & Use Agreem en t 20 TriTech Software Systems© 2018 Page 14 of 071519 HCBOC Page 411 8) Ensure that the designated computer system is isolated from any process links or anything else that could cause harm before requesting or receiving remote support assistance. Security 1) TriTech maintains a Security program for security managing access to Client data - particularly HIPAA and CJIS information. This includes 1) a Pre-employment background check, 2) security training required by Federal CJIS regulations , and 3) criminal background checks/fingerprints required by Federal or State regulations . TriTech will work with the Client to provide required documentation (such as the CJIS Security Addendum Certification form and VPN documents). 2) If required by the Client, TriTech will provide paper fingerprint cards for such Security Approved personnel with the fingerprinting performed in the state of the TriTech staff's job assignment. If the Client requires fingerprints submitted in a form other than paper prints (such as Live Scan) or that such fingerprints be performed at the Client's site, the Client will reimburse TriTech for the cost of TriTech Security Approved Personnel traveling to the Client's site or for a vendor (such as Live Scan) to travel to the applicable TriTech Offices. This provision will apply during the duration of this Agreement. Priorities and Support Response Matrix The following priority matrix relates to software errors covered by this Agreement. Causes secondary to non-covered causes -such as hardware , network, and third party products -are not included in this priority matrix and are outside the scope of this Technical Support Schedule B. Subscripti on Service License & Use Agreement 20 Tri Te ch Software Systems© 2018 Page 15 of 071519 HCBOC Page 412 This matrix defines the support issues, response times and resolutions for the Client's licensed software application. Note: Normal Customer Service Hours are 7:30am to 7:30pm (Central Time) on weekdays excluding holidays. Support after Normal Customer Service Hours is offered weekends, nights and holidays for Critical Priority issues only. Critical Priority (Priority 1) issues should always be reported via telephone at 800-987-0911. Software Errors for other than Critical Priority may be reported via the web portal: TriTech.com; or email: CH ClientServicesTriaqe@tritech.com . For CrimeView Dashboard, FireView Dashboard, CrimeMapping.com ; NEARme : CrimeViewSupport@tritech.com. Priority Priority Definition Priority 1-Search. 24X7 Support for live Critical operations on the production system. Priority This is defined as the following: • The applicable server is down and all workstations will not launch or function; the Client is experiencing complete interruption of ability to do perform queries. • The applicable system is inoperable due to data loss or corruption caused by TriTech Software This means that one or more TriTech server components are down or inaccessible, disabling all usability of Client's workstations These Software Errors are defined in Soecial Note #1 below . Priority 2-Normal Customer Service Hours Urgent Support : A serious software error Priority with no workaround and not meeting the criteria of a Critical Priority, but which severely impacts the ability of Users from performing a common function . Such errors will be consistent and reproducible. Generally, this means that a significant number of the system workstations are negatively impacted by this error (e.g. does not apply to a minimal set of workstations). These Software Errors are defined in Special Note #2, below . Subscription Service License & Use Agreeme nt 20 TriTech Software Syst ems © 2018 Response Times Normal Customer Service Hours: Telephone calls to 800 .987.0911 will be answered immediately and managed by the first available representative but not longer than 5 minutes . After Normal Customer Service Hours: Thirty (30) minute callback after client telephone contact to 800 .987.0911. Priority 1 issues must be called in via 800 .987.0911 to receive this level of response. There are no Priority 1 issues for: CrimeView Dashboard FireView Dashboard CrimeMapping.com NEARme Search Advanced Reporting Module Normal Customer Service Hours : Telephone calls to 800.987.0911 will be answered and managed by the first available representative but not longer than 5 minutes. Priority 2 issues for Search, CrimeView Dashboard, FireView Dashboard, CrimeMapping .com, and NEARme are not managed after Normal Customer Service Hours. Customer Service Number 800.987.0911 for : CrimeView Dashboard FireView Dashboard CrimeMapping.com NEARme Search Advanced Reporting Module Page 16 of 071519 HCBOC Page 413 Priority Priority Definition Priority 3 -Normal Customer Service Hours High Priority Support: A Software Error not meeting the criteria of a Critical or Urgent Priority, which has a workaround available, but which does negatively impact the User from performing common system functions. Such errors will be consistent and reproducible. • The system is unable to transfer data from external system to • The system update causing system functi ons to be inoperative with no workaround A significant number of workstations are negatively impacted by this error (e .g., does not apply to a minimal set of workstations). Priority 4-Normal Customer Service Hours Medium Support: A Software Error related to Priority a user function which does not negatively impact the User from the use of the system. This includes system administrator functions or restriction of User workflow but doe s not significantly impact their job function. Priority 5 -· Normal Customer Service Hours Low Priority Support: Cosmetic or Documen tation errors, incl uding Client technical question s or usability questions would be a part of this level. Su bscrip tion Service License & Use Agreeme nt 20 TriTech Software Systems© 2018 Response Times Normal Customer Service Hours: Telephone calls to 800.987.0911 will be answered and managed by the first available representative. Priority 3 issues for Search, CrimeView Dashboard, FireView Dashboard, CrimeMapping .com , and NEARme are not managed after Normal Customer Service Hours. Customer Service Number 800.987 .0911 for : CrimeView Dashboard FireView Dashboard CrimeMapping.com NEARme Search Advanced Reporting Module Normal Customer Service Hours: Telephone calls to 800 .987 .0911 will be answered and managed by the first available representative. Priority 4 issues for Search, CrimeView Dashboard , Fire View Dashboard, CrimeMapping.com, and NEARme are not managed after Normal Customer Service Hours . Customer Service Number 800.9 87 .0911 for: CrimeVi ew Dashboard FireView Dashboard CrimeMappi ng.com NEARme Search Advanced Reoortino Module Normal Customer Service Hours : Telephone ca lls to 800.987.0911 will be answered and manag ed by the first available repres entative. Priority 5 issues for Sea rch, CrimeView Dashboard, FireView Dashboard, CrimeMapping .com, and NEARme not managed after Normal Customer Service Hours. Customer Service Number 800.987 .0911 for : CrimeView Dashboard FireView Dashboard CrimeMapping.com NEARme Search Advanced Reoortino Module Pa ge 17 of 071519 HCBOC Page 414 Priority Resolution Process Resolution Time Priority 1-TriTech will provide a procedural or TriTech will work (including after hours) to Critical configuration workaround or a code provide the Client with a solution that allows the Priority correction that allows the Client to Client to resume live operations on the resume live operations on the production system. production system. TriTech will use commercially reasonable efforts to resolve the issue as soon as possible. Priority 2 -TriTech will provide a procedural or TriTech will work to provide the Client with a Urgent configuration workaround or a code solution that allows the Client to resume normal Priority correction that allows the Client to operations on the production system. resume normal operations on the production system. TriTech will use commercially reasonable efforts to resolve the issue as soon as possible. Priority 3 -TriTech will provide a procedural or TriTech will work to provide the Client with a High Priority configuration workaround that allows resolution which may include a workaround or the Client to resolve the problem. code correction within a timeframe that takes into consideration impact of the issue on the Client, TriTech's User base, and the date of submission. Priority 3 issues have priority scheduling in a subsequent release. Priority 4-If TriTech determines that a reported TriTech will work to provide the Client with a Medium Medium Priority error requires a code resolution which may include a workaround or Priority correction, such issues will be code correction in a future release of the addressed in a subsequent release software. Priority 4 issues have no guaranteed when applicable. resolution time. Priority 5 -Low Priority issues are logged by There is no guaranteed resolution time for Low Low Priority TriTech and addressed at the Priority issues. company's discretion according to TriTech's roadmap planning process. Special Note #1: Priority 1 -Search Critical Priority issues meeting the previously noted criteria are defined as follows: a. The server is down, and all workstations will not launch or function; the Client is experiencing complete interruption of ability to do perform queries. b. The system is inoperable due to data loss or corruption caused by TriTech Software There are no Priority 1 issues for CrimeView Dashboard, FireView Dashboard, CrimeMapping.com, or NEARme, Search, Advanced Reporting Module. Special Note #2: Priority 2 Urgent Priority issues meeting the previously noted criteria are defined as follows : · a. The System has a serious Software Error that severely impacts the ability of Users to perform critical work functions. Such errors will be consistent and reproducible. b. The system is unable to generate and render reports Subscription Service Licen se & Use Agreement 20 TriTe ch Software Systems© 2018 Page 18 of 071519 HCBOC Page 415 ADDENDUM 1 BUSINESS ASSOCIATE ASSURANCE In the event that TriTech Software Systems (referred to herein as "TriTech ") is deemed to be a "Business Associate" of Customer, and Customer is a "Covered Entity," as those terms are defined in 45 C.F .R. § 160.103, TriTech, effective on or after April 14, 2003, or such other implementation date established by law, will carry out its obligations under this Agreement in material compliance with the regulations published at 65 Federal Register 82462 (December 28 , 2000) (the "Privacy Regulations'') pursuant to Public Law 104-191 of August 21, 1996, known as the Health Insurance Portability and Accountability Act of 1996, Subtitle F -Administrative Simplification, Sections 261, et seq ., as amended ("HIPAA"), to protect the privacy of any personally identifiable, protected health information ("PHI") that is collected, processed or learned in connection with TriTech supplied services. In conformity therewith, Contractor agrees that it will use its reasonable best efforts to: • Not use or further disclose PHI except: (i) as permitted under separate TriTech Support Agreement; (ii) as required for the proper management and administration of TriTech in its capacity as a HIPAA Business Associate of Customer, in the event TriTech is deemed to be a Business Associate of Customer for these specified purposes; or (iii) as required by law; • Use appropriate reasonable safeguards to prevent use or disclosure of PHI except as permitted by the TriTech Service Agreement; • Report to Customer any use or disclosure of PHI not provided for by the TriTech Service Agreement of which TriTech becomes aware; • Ensure that any agents or subcontractors to whom T riTech provides PHI, or who have access to PHI, agree to the same restrictions and condition s that apply to TriTech with respect to such PHI; • Make PHI available to the individual who has a right of acces s as required under HIPAA in the event TriTech maintains any PHI in a designated record set as defined by 45 C.F.R. § 164.501; • Make available for amendment and incorporate any amendments to PHI when notified to do so by Cu stomer in the event that TriTech maintains any PHI in a designated record set as defined by 45 C.F.R . § 164.501; • Make available to Customer the information requ i red to provide an accounting of the disclosures of PHI, if any, made by TriTech on Customer's behalf, provided such disclosures are of the type for which an accounting mu st be made under the Privacy Regulations; • Make its internal practices, books and records relating to the use and disclosure of Customer's PHI available to the Secretary of the Department of Health and Human Services for purposes of determining Customer's compliance with HIPAA and the Privacy Regulations; • At the termination of the TriTech Service Agreement, return or destroy all PHI received from, or created or received by TriTech on behalf of Customer. In the event the return or destruction of such PHI is infeasible, TriTech ' obligations as defined in this Business Associate Assurance shall continue in force and effect so long as TriTech possesses any PHI, notwithstanding the termination of the Agreement for any reason . Notwithstanding any provisions of the TriTech Service Agreement to the contrary, Customer may ter minate the Agreement if Customer determines that TriTech ha s violated a material term of the Agreement with respect to its functions a s a Business Associate. • Implement administrative, physical , and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the El ectronic Subscription Service License & Use Agreeme nt 20 TriTech Software Sys tem s © 2018 Pag e 19 of 071519 HCBOC Page 416 Protected Health Information ("e-PHI") that it creates, recei ves , maintains, or transmits on behalf of Covered Entity, as required by the Security Rule at 45 C.F.R. §164.308, et seq. • Implement reasonable and app ropriate policies and procedures to comply with the standards, required implementation specifications, or other requirements of the Secu r ity Rule that apply to Business Associates . • Promptly report to Covered Entity any Security Incident of which it becomes aware. • Comply with applicable breach notification provisions and notify Customer of a breach of unsecured PHI in accordance with Subp.art D of 45 C.F.R . Part 164, as applicable. Permitted and Required Uses and Disclosures by TriTech Except as otherwise limited by the Agreement, TriTech may use or disclose PHI as necessary to perform any and all functions, activities, or services for, or on behalf of Customer if such use or disclosure of PHI would not violate applicable laws and regulations relating to the privacy and security of PHI. Except as otherwise limited in the Agreement, TriTech may use PHI for the proper management and administration of TriTech or to carry out the legal responsibilities of TriTech. TriTech may disclose PHI for those purposes required or otherwise permitted under applicable law or regulations. Except as otherwise limited by the Agreement, Business Associate may use PHI to provide Data Aggregation services to Covered Entity as permitted by 42 CFR § 164.504(e)(2)(i)(B) if TriTech has been otherwise engaged by Customer to perform these services. Subsc ription Serv ice Li cense & Use Agreem ent 20 TriTech Software Systems © 2018 Pag e 20 of 071519 HCBOC Page 417 STATEMENT OF WORK Harnett County Communication Center Inform CAD and Inform Mobile Version 1 TriTech Software Systems 9477 Waples Street, Suite 100 San Diego, CA 92121 Fax: 858.799.1010 Technical Services: 1.800.987.0911 071519 HCBOC Page 418 © 2003-2017 TriTech Software Systems Unpublished: Rights reserved under the copyright law s of the United States. All information in this document is proprietary and confidential and owned by TriTech Software Systems™. No part of this document may be reproduced or transmitted in any form or by any means, electronic or mechanical, for any purpose, without the express written permission ofTriTech Software Systems. Trademarks Microsoft, Windows, Microsoft Access, Microsoft Excel, Microsoft Exchange, and Microsoft Word are either registered trademarks or trademarks of Microsoft Corporation in the United States and other countries. Inform CAD, Inform Mobile, Inform CAD Browser, Inform RMS , Inform Jail, IQ Search, Inform FBR, and Inform CAD GISLink are trademarks of TriTech Software Systems . ArcGIS , ArcMap and ArcCatalog are registered trademarks of Environmental Systems Research Institute (ESRJ) in the United States and other countries. Document Control T. . d 33117 emo ate creallon ate: . Date Version Details/Cha~ges Author --- 04/05/19 I Initial draft D. Doepke The contents of this material are confidential and proprietary to TriTec h Software Systems and may not b e reproduced, published or disclosed to others without the prior ·written consent ofTriTech Software Systems . ©2017 TriTec h Software Systems 071519 HCBOC Page 419 Table of Contents Document Control. .................................................................................................................... ii Table of Contents ..................................................................................................................... iii 1 Overview .............................................................................................................................. 1 I.I Statement ofWork ......................................................................................................................................... l 1.2 Project Implementation Definitions ............................................................................................................... I 1.3 General Client Responsibilities ..................................................................................................................... 2 1.4 Project Exclusions ......................................................................................................................................... 3 2 Project Deliverables ............................................................................................................ 5 2.1 Overview of Project Deliverables .................................................................................................................. 5 3 TriTech Project Roles and Responsibility ......................................................................... 7 3. I Overview ....................................................................................................................................................... 7 3.2 TriTech Project Manager ............................................................................................................................... 7 3.3 Systems Engineer .......................................................................................................................................... 7 3.4 lnfonn Business Analyst ............................................................................................................................... 7 3.5 GIS Analyst ................................................................................................................................................... 8 3.6 Client Installation Services Team .................................................................................................................. 8 3. 7 Technical Services Group .............................................................................................................................. 8 3.8 Account Manager .......................................................................................................................................... 8 4 Recommended Client Roles and Responsibilities ............................................................ 9 4 .1 Overview ....................................................................................................................................................... 9 4.2 Project Manager ............................................................................................................................................. 9 4.3 System Administrator .................................................................................................................................... 9 4.4 Inform Application Administrator ............................................................................................................... I 0 4.5 Subject Matter Experts ................................................................................................................................ 11 4.6 Application Trainers .................................................................................................................................... 11 4.7 GIS Analyst ................................................................................................................................................. 11 5 Project Controlling Processes ......................................................................................... 12 5.1 Overview ..................................................................................................................................................... 12 5.1.1 TriTech Responsibilities ...................................................................................................................... 13 5 .1.2 Client Responsibilities ......................................................................................................................... 13 5.2 Change Management Process ...................................................................................................................... 13 5.2.1 TriTech Responsibilities ...................................................................................................................... 14 5 .2 .2 Client Responsibilities ......................................................................................................................... 14 5.3 Project Reporting ......................................................................................................................................... 14 5 .3 .1 TriTech Responsibilities ...................................................................................................................... 15 5.3.2 Client Responsibilities ......................................................................................................................... 15 5.4 Document Review ....................................................................................................................................... 15 5.4.2 TriTech Respons ibilities ...................................................................................................................... 16 5.4.3 Client Responsibilities ......................................................................................................................... 16 5.5 Third Party Management ............................................................................................................................. 16 5.5.1 TriTech Responsibilities ...................................................................................................................... 17 5.5.2 Client Responsibilities ......................................................................................................................... 17 6 Project Initiation and Planning ......................................................................................... 18 6.1 Overview ..................................................................................................................................................... 18 6.1.1 TriTech Responsibilities ...................................................................................................................... 18 The contents of this material are confidential and proprietary to TriTech Software Systems and m ay not be reproduced, published or disclosed to others without the prior written consent ofTriTech Software Systems. ©2017 TriTech Software Systems iii 071519 HCBOC Page 420 6.1.2 Project Kick Off .................................................................................................................................. 19 7 Project Execution .............................................................................................................. 19 7.1 Overview ..................................................................................................................................................... 19 7.2 System Installation ...................................................................................................................................... 20 7.2.1 Review Hardware Specifications ......................................................................................................... 20 7.2.2 Hardware and Equipment Procurement Process .................................................................................. 20 7.2.3 Hardware Staging and Preparation for Installation .............................................................................. 20 7.2.4 TriTech Responsibilities ...................................................................................................................... 21 7.2.5 Basic Server preparation and Network Services .................................................................................. 22 7.2.6 System Installation .............................................................................................................................. 23 7 .3 Implementation of Inform CAD .................................................................................................................. 26 7.3.1 Inform CAD Initial CAD Configuration and Setup ............................................................................. 26 7 .3 .2 Inform CAD Configuration and Administration Workshop ................................................................ 2 7 7.3.3 Inform CAD Geographical Information Services ................................................................................ 29 7.3.4 Inform CAD Validation and Readiness Workshop ............................................................................. 31 7.3.5 Inform CAD Training .......................................................................................................................... 32 7.4 Implementation of Inform Mobile ............................................................................................................... 34 7.4.1 Inform Mobile Configuration Workshop ............................................................................................. 34 7.4.2 Inform Mobile Map Data Import. ........................................................................................................ 35 7.4.3 Inform Mobile Training ....................................................................................................................... 35 7.5 Implementation of CDP Search ................................................................................................................... 36 7.5.1 CDP Setup and Conversion Services ................................................................................................... 36 7.6 Implementation of System Interfaces .......................................................................................................... 37 7.6.1 Inform Standard Interfaces ' Requirement Gathering and Configuration ............................................. 37 7.6.2 NCIC/State Software ........................................................................................................................... 38 7.6.3 Custom Interface s' Requirement Gathering and Configuration .......................................................... 39 7.6.4 Interface Functional Testing (FT) ........................................................................................................ 40 7.7 System and Subsystem Go Live .................................................................................................................. 42 7.7.1 Go Live ................................................................................................................................................ 42 8 System Acceptance .......................................................................................................... 43 9 Project Closure ................................................................................................................. 43 10 Appendix A-Standard TriTech Interfaces ...................................................................... 44 I 0.1 NCIC State Message Switch ........................................................................................................................ 44 10.1.1 Connections ......................................................................................................................................... 45 I 0.1.2 Transactions ......................................................................................................................................... 45 11 Appendix B -Custom TriTech Interfaces ........................................................................ 49 The contents of thi s material are confidenti a l and proprietary to TriTech Software Systems and may not be reproduced, published or disclosed to others wit hout the prior written consent ofTriTech Software Systems. ©2017 TriTech Software Systems iv 071519 HCBOC Page 421 1 OVERVIEW 1.1 Statement of Work This Statement of Work (SOW) defines the services and deliverables that TriTech will be providing in accordance with the terms and conditions of the System Purchase Agreement (the "Agreement") between TriTech Software Systems (TriTech) and Harnett County Communication Center ("Client"). The pricing and services for this project include the TriTech rapid implementation methodology requiring the project duration not exceed a period of twelve (12) months to Go Live. If the project exceeds the expected duration due to client delays, additional services must be purchased. Included in tlti s methodology is the Functional Testing (provided this optional service is purchased) and o verall system readiness assessment of all Subsystems and Interfaces prior to Go Live, which requires that all deliverables be complete prior to Go Live. This project description includes the services and deliverables specified by the Purchase Agreement, including if applicable, TriTech Software and services, Third Party products and services for the implementation of the System and Subsystems specified in the Purchase Agreement (collectively the "Project"). In some cases, the framework of Deliverables documented by this SOW for this Project are further defined through additional documents such as Operational Scenario Documents (OSD); Interface Functional Configuration Documents (IFCD); User and Administrator Documentation, and Training Materials. The number and type of software licenses, products, or services provided by TriTech or its Subcontractors are specifically li sted in the Purchase Agreement and any refere nce within thi s document as well as Subcontractors' SOWs (if applicable) does not imply or convey a software, licen se, or services that are not explicitly listed in the Purchase Agreement. 1.2 Project Implementation Definitions Unless otherwise defined herein, capitalized terms within thi s document have the meanings described in the Definitions section of the Purchase Agreement and where applicable Software Support Agreement. The following terms are include d in this document. Since these term s can be used differently in other settings, these definitions are provided for clarity. • Project Schedule means the schedule providing dates and timeframes for completion o f tasks and Deliverables during this Project. The Project Schedule is subject to change at the mutual agreement of TriTech and the Client as further described in thi s SOW. • The OSD provides an operational description of a capability or feature within the applicable TriTech solution in sufficient detail that both Client and TriTech team mutually agree to the expected deliverable. The OSD provides the "what", "how," and the information flow (including data flow and data elements, when appropriate) of the capability or feature. The OSD does not provide the technical or internal design of how TriTech 's Development team will accomplish the requested feature. An OSD will be provided for each contracted product customization to be developed. Once approved by the Client, the OSD becomes the basis for TriTech 's dev elopment. Once approved, any further changes requested by the Client to the OSD and/or design may incur additional costs to the C lient. The contents of thi s material are c onfidential and proprietary to TriTec h Software System s and may n ot b e reproduced , p ublished or di sclosed to othe rs witho ut the prior written consent of TriTech Software Syste ms. ©2017 TriTech Software Syste ms 071519 HCBOC Page 422 Overview • Standard Interface Functional and Configuration Document (IFCD) defines the functionality of the Standard Interfaces. These documents are standard, published TriTech documents, and are not specific to a Client. 1.3 General Client Responsibilities In addition to those Client responsibilities stated elsewhere in this SOW, the Client is responsible for: 1) Electrical facilities ( e.g., outlets, generator and other electrical infrastructure facilities) required for this project, including necessary maintenance. 2) Cabling (e.g., power, network, interface and other electrical and data transmission lines) required for this project, including necessary maintenance. 3) Network/communications connections (e .g., LAN/WAN, commercial wireless , telephone, VPN, and other voice/data connections), or ongoing network/conununications charges associated with installation, operation or support of the proposed system including the establishment and maintenance of security accounts. 4) Configuration and/or programming of network routers, switches and bridges -this includes providing information to TriTech staff on any firewalls within the overall network that the system will operate and necessary port access for the system to operate in accordance with TriTech documentation. 5) The installation, configuration, maintenance (including patch management and upgrades of Microsoft software required by the System. 6) The installation of servers into racks and the connection of such servers to network switches. 7) The assignment of machine names and IP addresses for servers to be utilized by the System. This includes joining the servers to the network and the assignment of security accounts as specified by TriTech documentation. 8) Any hardware and third party software or services necessary for implementing the System that is not listed in the Purchase Agreement as a TriTech Deliverable (not listed as a line item in the Price and Payment section of the Purchase Agreement). This includes workstations, server hardware, network equipment, telephone or TDD equipment, performance test software , Microsoft licenses, Disaster Recovery Software , and services required to extract legacy data and convert into acceptable data formats . 9) Configuration, maintenance, testing, and supporting the Third-Party Systems that the Client operates and which will be interfaced with as a part of this project. This project includes the contracted Interfaces listed in Appendix A -Standard TriTech Interfaces and Appendix B -Custom TriTech Interfaces. The Client is responsible for maintaining and supporting these systems in good working order. The Client is responsible for providing Application Programming Interface (APD documentation to th ese systems that document the integration process for the level of interface integration defined by TriTech 's response to the RFP, as described by TriTech responses to the RFP as well as Interface IFCD and approved OSDs. The Client is also responsible for any cost associated with the development, or configuration of the Third-Party System Vendor side of the Interfaces. l 0) Consoles, furniture or fixtures as well as any modifications to install equipment used for Systems or Subsystems specified by the Purchase Agreement into existing consoles, furniture, vehicles or The contents of thi s material are confidential and proprietary to TriTech Software Systems and may not b e reproduced , published or disclosed to others without th e prior written consent o fTriTech Software Syste ms. ©201 7 TriTech Software Systems 2 071519 HCBOC Page 423 Overview existing facilities. Installation of Workstations into consoles, furniture, vehicles or like items, is the responsibility of the Client. 11) Active participation of the appropriate personnel with the necessary background know ledge and availability in the Project implementation meetings and working sessions during the course of the Project. Examples of such implementation sessions are Configuration and Administration Workshop, Functional Testing, Training, regular Project meetings, discussion regarding Interfaces, system installation planning, and the like. 12) The provision of Code Files and GIS data as requested by TriTech staff. This information must be provided on a timely basis to meet the project timelines. This information will be provided in a format requested by TriTech staff in accordance with TriTech Documentation. 13) The timely review and, where required, approval of Functional Testing (FT) documents, OSDs, IFCDs, Task Completion Reports (TCR) and/or other project documentation as further defined in this SOW. 14) Provide a facility with the required computer and audio-visual equipment for training. 15) Timely completion of Functional Testing for each of the TriTech Subsystems. 16) TriTech pricing for this Project assumes that all Client supplied products and services required to support the project will be delivered per thi s agreed to Statement of Work, based upon a mutually agreed upon project schedule. This timeline will require a commitment by Client staff to attend project meetings, attend training, and execute action items in a timely fashion. Should the Client find that it is unable to support the agreed to schedule, TriTech reserves the right to execute a mutually agreed to Project Change Order. The Change Order will make the necessary modifications to schedu le and/or scope of the project and, if applicable, allow TriTech to recoup any additional costs which may be incurred by Tri Tech because of Client delays. 17) The Client is responsible for providing remote connectivity to TriTech for installation, configuration, testing, and troubleshooting of TriTech's applications at the C lient site. T riTech 's approved remote connectivity methods are described in the System Planning Document. 18) Connect and configure any Third-Party hardware (such as Bar Code Scanners, Bar Code Printers, Biometric Fingerprint Scanners, and Signature Pads) to Client workstations, if these services are not explicitly sold in the System Purchase Agreement. 19) The Client is responsible for the creation and ongoing maintenance of SSL certificates required for the operation of the software of On-Premise hardware. This includes the tracking of expiry dates and the timely renewal of certificates. 1.4 Project Exclusions 1) TriTech Software. Systems provides software applications that it develops. These applications are sold as is and are "Commercial Off the Shelf' (COTS) software packages. The functionality of these products will be based on TriTech's current design and functionality of these COTS products, unless otherwise indicated in the Purchase Agreement, or if applicable, TriTech's responses to the RFP. 2) Work, software, services, hardware, Systems, Subsystems, product/software modifications, or any other deliverables not explicitly stated in the Purchase Agreement will not be included in the Project. The contents of this material are confidential and proprietary to TriTech Software Systems and may not be reprodu ced , published or discl osed to others without the prior written consent ofTriTech Software Systems. ©2017 TriTech Software Systems 3 071519 HCBOC Page 424 Overview 3) Any modification to TriTech s tandard products or customizations to s uch products that are not explicitly s tated in the Purchase Agreement are excluded from the scope of this Project. 4) Changes in scope will only be executed through a mutually agreed upon Change Management Process, a s described in the Project Management Plan. 5) TriTech is not respons ible for the deficiencies in the Client 's internal or contracted network to support remote Inform CAD, Inform RMS, Inform Jail or other Subsystem workstations. 6) TriTech is not res ponsible for the deficiencies in a Client 's internal or contracted network to support some of the extended features of Inform Mobile and Inform Field Based Reporting products due to bandwidth or limitations in wireless coverage . 7) TriTech is not responsible for the removal of the old (legacy) equipment, hardware, furniture, cons oles, cabling, as part of the Project implementation unless specifically stated in the Purchase Agreement and this SOW. 8) This project does not include the convers ion or importing of any personneVuser data or system codes into the Inform Subsystems unless otherwi se included in the Purchase Agreement. It is the Client's responsibility to enter this data into the Inform Subsystem. 9) This project does not include creation or modification of GIS data by TriTech staff. l 0) There are no contracted software modifications . T he con te nts of thi s m ateri a l are confidenti a l and proprietary to TriTech So ft ware Systems and may not b e reproduced, published or di sclosed to oth ers without the prior wri tt en consent ofTri Tech So ftware Syste ms. ©20 17 TriTech Software Systems 071519 HCBOC Page 425 2 PROJECT DELIVERABLES 2.1 Overview of Project Deliverables This project will provide a combination of software and services that comprise the System for use by the Client's Public Safety Organization(s). The individual Subsystems to be provided will comprise the overall System. The Purchase Agreement specifies the software licenses included in this Project by the quantity and envirorunent in which licensed. This includes all Server and User Licenses, Standard and Custom Interfaces, as well as other TriTech tools and utilities. The Purchase Agreement for this project incorporates the following major Subsystems [edit to match the Purchase Agreement]: 1) Inform CAD (Production, Test, Disaster Recovery) 2) lnfom1 Mobile (Production, Test, Disaster Recovery) 3) CDP Search subscription 4) CDP Crimemapping.com 5) Inform CAD Read Only Position for VisionCAD Monitor 6) Inform CAD GISLink 7) Inform CAD Archive and Reporting Server 8) Inform CAD Routing Server 9) System Interfaces as listed in the Appendices to this SOW Implementation of different components of the Subsystems is performed in a series of interrelated processes . Many processes can be performed concurrently while others are sequential in nature. TriTech has implemented process gates to ensure successful completion of tasks in the optimal order before a subsequent activity begins. The only reference for the number and type of software licenses is the Purchase Agreement. Any reference within this document to services associated with a specific software product does not imply or convey a software license for products that are not listed in the Purchase Agreement, 2.1.1 .1 Standard TriT ech Software Deliverables The functionality provided by Standard TriTech Software Products, including Interfaces (the core TriTech Software and Interfaces without any Modifications) i s defined by TriTech Standard documentation such as User and Administration Guides for TriTech ' s major Subsystems such Inform CAD, Mobile, RMS, IQ Search, and other Standard Software products. Standard Interface Functional and Configuration Documents (IFCD) define the functionality of the Standard Interfaces. These documents are standard, published TriTech documents, and are not specific to a Client. Standard TriTech Interface Software to be delivered through this Project is identified as software licenses in the Purchase Agreement. The functionality provided by Standard TriTech Interface Software is defined by TriTech lFCDs. The contents o f this material are confidenti a l and proprietary to TriTech Soft ware Sys te ms and may not be reprodu ced, publi shed or di sclo sed to othe rs without the prior written con sent o fTriTech Soft wa re S ystems . ©2017 TriTech Soft ware Syste ms 5 071519 HCBOC Page 426 Project Deliverables Any Modification to the functionality of Standard TriTech Software within the System, or Subsystems, shall follow the Change Management Process as described in Section 5 .2, Change Management Process. The scope of the Modification will be described in an OSD. Release of all Modifications to TriTech's Standard Interfaces will follow Subsystem release cycles (i.e., Inform CAD, Inform RMS , and the like). 2.1.1.2 Contracted Custom Interlace Software Custom Interface s to be created by TriTech are identified as individual software licenses in the Purchase Agreement. A high-le ve l description of the intended functionality and scope is attached as part of Appendix B -Custom TriTech Interface s to this SOW. The detailed functional scope of any custom Interface procured through the Purchase Agreement will be defined by an OSD, which will be developed and delivered to the Client during the project. Any changes in the requirements documented in the System OSDs, post approval of the OSDs are subject to formal Change Order. 2.1 .1.3 Disaster Recovery Environments The Disaster Recovery environment(s) for this Project is designed to address the failure of components of the server infrastructure; a failure of the primary database server at the primary server location; or a failure of most the server infrastructure at the primary server location. In the event where there is a significant failure of the primary server infrastructure, the Disaster Recovery environment allows staff to connect to a Disaster Backup System located at a remote location to continue operations . This scenario is particularly applicable in situations that involve power and/or network outages, facility failure, and lack of access to the primary server environment. TriTech will provide Disaster Recovery documentation (Failover Document and Switch-Over to the Disaster Recovery Server) that describes the technology that supports on-going operation of System(s) in this situation. This is also managed through TriTech approved Disaster Recovery software. Failover to the Disaster Recovery system in each of above scenarios involves several manual and automated steps to activate TriTech files and configurations applicable for the Disaster Recovery System. TriTech will provide the necessary pre-staged files and the procedure specific to such file s. Similar steps will be followed for a failback process. The C lient must ensure that trained personnel are available for fai lover/failback and that applicable documentation is carefully fo llowed. Additional Information is available in the System Planning Document and the TriTech operational manuals for Hot Standby Servers and Disaster Recovery Systems. Note: The Synchronization between Primary and the Disaster Recovery server requires a TriTech approved third party Disaster Recovery Software. If the license for this synchronization software is not explicitly listed in the Purchase Agreement (purchased through TriTech) the Client is responsible for procurement of the required licenses for this software. The Purchase Agreement for this project includes the following Disaster Recovery Systems: 1) lnfonn CAD 2) Inform Mobile 3) Refer to Appendix A -Standard TriTech Interfaces and Interfaces for the list of DR Interfaces that are included in this project T he contents of this material are co nfidential and proprietary to TriTech Software Systems and may not be reproduced, published or disclosed to others without the prior written consent ofTriTech Software Systems. ©2017 TriTech Software Systems 6 071519 HCBOC Page 427 TriTech Project Roles and Responsibility 3 TRITECH PROJECT ROLES AND RESPONSIBILITY 3.1 Overview TriTech will appoint a team of specialized personnel that will implement the Project under the direction of TriTech 's Project Manager. The team will be multi-disciplinary and the team members may specialize in different products or Subsystems. Team members may be engaged in different phases of the Project as necessary and in some cases, are involved in the Project for a limited timeframe. The descriptions of personnel roles noted below provide an overview of typical Project team members. Other personnel may be involved under the direction of the TriTech Project Manager to complete the requirements of the Project. 3.2 TriTech Project Manager TriTech has appointed a TriTech Project Manager as the principal TriTech contact who will be responsible for managing TriTech's responsibilities related to the implementation of the Project, as described in this SOW and within the scope of the Purchase Agreement. The Project Manager utilizes a standardized methodology for project implementation, project management, and risk identification and management. TriTech's Project Manager is responsible for Project scheduling and management of TriTech Project personnel and applicable Subcontractor/supplier resources, budget management, identification and management of Project risks, and communication with the Client's Project team. The TriTech Project Manager will be responsible for the collaborative coordination of Client resources to ensure that avoidable Project delays are minimized. The Project Manager is involv ed in the Project beginning with the SOW development and continuing through post Go Live Project closure activities. The Project Manager may be an active participant in many of the milestone events through the course of the Project including Configuration and Administration Workshop and Go Live. The Project Manager will organize a bi -weekly Project status call with the Client and necessary Project team members . Additionally, the Project Manager will provide the Client with a written Project status report monthly , as further defined in this SOW. 3.3 Systems Engineer The Systems Engineer is responsible for two primary functions , within the scope of the Project: I) configuration of Standard TriTech Interfaces (including configuration documentation); and 2) development of software requirements documentation for Custom Interfaces. The Systems Engineer will additionally participate in testing of each of these Subsystems. In some cases, Development Engineers may perform the role of the Systems Engineer for specialized interfaces, particularly for Inform RMS and Inform Jail interfaces. 3.4 Inform Business Analyst The Inform Business Analyst is responsible for the configuration of the Inform software based on the Client's system requirements , business rules, configuration data, and reporting needs. The Business Analyst will provide consultation services to the Client regarding the configuration and operation of CAD, and The contents of this material are confidential and proprietary to TriTech Software Syste ms and may not be reproduced , published or disclosed to others without the prior written consent ofTriTech Software Systems. ©2017 TriTech Software Systems 7 071519 HCBOC Page 428 TriTech Project Roles and Responsibility Mobile. The Inform Business Analyst is also responsible for conducting the workshops and providing consulting support throughout the Project implementation life cycle. The Business Analyst will be an active participant in many of the milestone events through the course of the Project. 3.5 GIS Analyst As part of the implementation team, TriTech utilizes a GIS Analyst that specializes in geographical Information technology. The GIS Analyst is responsible for I) performing an analysi s regarding the Client's GIS source data; 2) consultation services regarding converting the GIS source data for use in Inform CAD, Inform Mobile; 3) providing training for applicable TriTech GIS tools as included in the Purchase Agreement; 4) preparing the one-time GIS data configuration for the Inform Product Suite. 3.6 Client Installation Services Team TriTech's Client Installation Services (CIS) team is responsible for installation and integration ofTriTech Software onto the system hardware identified for this Project. This team works closely with the Client's staff to coordinate IP and network addressing, security accounts , network connections, and remote access to the System. This process is described in greater detail in Section 7 .2, System Installation of the SOW. 3.7 Technical Services Group Customer service functions and technical support for the Client's System during the Project is coordinated by the TriTech Project Manager. After Go Live, TriTech's Technical Services Group is responsible for providing on-going support for the Client's System as defined in the Purchase Agreement and the Software Support Agreement. 3.8 Account Manager The Account Manager is an important resource to the Client throughout the life of their System. The Account Manager will be the primary contact and liaison for non-technical support issues, system changes and billing questions. They provide support for general customer service requests , manage requests for new software and services, and aid with planning technology upgrades post System Go Live. Having the Account Manager participate as a key Project member provides an enhanced level of continuity for the Client a s they continue their relationship with TriTech. The contents of thi s material a r e confidential and proprietary to TriTech Software Systems and may not b e reproduced , published or disclosed to others without the prior written consent ofTriTech Software System s. ©2 017 TriTech Software Sys te ms 8 071519 HCBOC Page 429 Recommended Client Roles and Responsibilities 4 RECOMMENDED CLIENT ROLES AND RESPONSIBILITIES 4.1 Overview Implementation of the Subsystems in a manner that meets the Client's operational needs requires collaboration with the Client's team. In general, the Client's Project team should include staff experienced in the operation and administration of the Client's current public safety technology systems as applicable to the scope of this project. Such teams may include representatives from users to stakeholders. These "subject matter experts" must be engaged through the course of the Project from initiation until live operations, and may be involved in the support and maintenance of the System and Subsystems after Go Live. The provided role descriptions define specific responsibilities. The Client may elect to create individual positions, combine responsibilities, and/or assign responsibilities within their current organizational structure. Often, there is overlap with these core responsibilities -therefore, the team can generally be kept to a small group, dependent upon the complexity of the system being implemented and the number of Subsystems. In addition, it is recommended that the Client, early in the implementation process, identify those persons that will be responsible for the ongoing maintenance of the Client's System to include the technical and business processes. The application Administrators, as well as the System Administrator, are key to the success of the Project. It is paramount that the Client develops this team during the implementation process so that the Client s ucces sfully achieves a degree of self-reliance with the understanding of each of the Systems in addition to the generalized technical respons ibilities. 4.2 Project Manager The Client's Project Manager is the principal Client contact who will manage a team of Client Project personnel. The Client's Project Manager manages and coordinates Client's resources responsible for completing assigned Project tasks and activities. Activities include facilitating Project Schedules and meetings, timely approval and processing of invoices, review and approval of Task Completion Reports ("TCRs"), Project management plans, applicable configuration sheets, OSDs and IFCDs, review of the Project and Functional Testing documentation, and management of the Client's staff. Additionally, the Client's Project Manager is responsible for coordinating the efforts, activities, and communications between TriTech and third party vendors that are not TriTech Subcontractors, as well as any deliverables from these vendors to the Project. 4.3 System Administrator The Client's System Administrator is the individual primarily responsible for managing the technical back- end of the System including Windows, SQL Server, network, hardware , data back-ups and log management. This individual is the primary technical point of contact representing the Client. As identified in the Purchase Agreement and the Software Support Agreement, following the initial system installation, administration, and support for hardware (including the software operating system) and network The contents of thi s material are confidential and proprietary to TriTech Software Systems and may not be reproduced, published or disclosed to others with out the prior written consent ofTriTech Software Systems. ©2017 TriTech Software Systems 9 071519 HCBOC Page 430 Recommended Client Roles and Responsibilities components are the responsibility of the Client. The Client needs to plan for support and maintenance through the development of Client resources , other departments within the Client's organization, or by contracting for such services. The Client should establish procedures for managing warranty service of hardware. Activities for this position include 1) management of Microsoft Windows Operating System including patches and service packs; 2) management of Microsoft SQL Server including patches and service packs; 3) implementation of software prerequisites (in accordance with TriTech Documentation) on computers as needed for current operations and System upgrades; 4) monitoring, management and maintenance of the Client's network including LANs, WANs , wireless networks, security accounts and support connectivity (in accordance with TriTech Documentation); 5) hardware maintenance and troubleshooting; file and data back- ups and software and error log management; and 6) creation, maintenance and renewal of certificates of on- Premise systems. Time commitment will vary with the number of computers on the system, the complexity of the network (including the use of a WAN) and the number of personnel to be managed in network access. If the System LAN is connected to the Client's administrative LAN/W AW, coordination will be important to avoid problems with the Client's network traffic. Personnel involved in System Administration should attend the applicable TriTech System Administrator Course(s). Where a large team is involved, a core team should attend a System Administrator Course and then the Client's System Administration team should conduct a smaller version of the training for local staff. 4.4 Inform Application Administrator The Inform Application Administrator(s) will have the responsibilities for the implementation, configuration, and maintenance of the Inform software. This person or persons will be engaged in the implementation of the Inform Software, and will participate in making deci sions as it relates to implementing the Inform Software. The Inform Application Administrator will attend all the Workshops as purchased throughout the Purchase Agreement. This person should have a comprehensive understanding of the internal structure and workflow of the Client's departmental policies and procedures. The Inform Application Administrator will be responsible for building and maintaining the Code Files, Templates and Workflows. Additional activities include TriTech software setup, assignment, and management of the agency specific Code Files, Template creation/maintenance, Workflow configurations, evaluation and implementation of ve rsion updates, reporting, prioritization, and management of support issues. 1 TriTech recom mend s a dedicated LAN for CAD as doc umented in the System Planning Do cument. The contents of thi s material are confidential and proprietary to TriTech Software Systems and may not be reproduced, published or disclosed to others without the prior ·written consent ofTriTech Software Systems. ©20 17 TriTech Software Systems 10 071519 HCBOC Page 431 Recommended Client Roles and Responsibilities 4.5 Subject Matter Experts Input from subject matter experts in all applicable areas (Dispatch, Records, Investigations, Field representatives including Interfaces and external Systems that integrate with TriTech Systems) is essential to successful implementation of the system. The subject matter expert(s) in each area are the individuals who are knowledgeable about the current operational and technical specifications of the system, the data flow between and among different applications, and any limitations associated with each application. For Standard and Custom Interfaces, subject matter experts may be from the Client Agency, and third party vendors. If the vendors are not TriTech Subcontractors, the Client will be responsible for engaging them in necessary discussions and documentation of the requirements. The Client should involve a fully dedicated person or persons during the scheduled activities, such as requirements analysis, demonstration of the applications (if applicable), review of requirements documentation, the testing process, and other events that are described in later sections of this SOW. Post implementation, the involvement of the subject matter experts should be limited to maintenance only. 4.6 Application Trainers A team of trainers is needed for training the Client staff on TriTech Software on an on-going basis. Trainers will be responsible for reading TriTech Software release notes and maintaining an understanding of new and existing features. The Client should involve a fully dedicated person or persons during scheduled activities such as training sessions. Post implementation, the involvement of the subject matter experts should be limited t o maintenance only. These personnel should attend the applicable product specific training courses. 4. 7 GIS Analyst The GIS Analyst is responsible for the mapping components required for Inform CAD, and Inform Mobile. Activities include providing the initial GIS files to TriTech for analysis. The GIS Analyst will be responsible for updating the Inform CAD and Inform Mobile Streets data using GIS Link. During scheduled activities, the Client should have a fully dedicated person or person~. Post implementation workload is based upon the number and type of GIS data edits that will be necessary for the local operations. This person (or group of people) should attend GISLink training. The contents of thi s material are confidential and proprietary to TriTech Software Sys tems and may not be reproduced, published or disclose d to others without the prior written consent ofTriTech Software Systems. ©2017 TriTech Software Systems 11 071519 HCBOC Page 432 5 PROJECT CONTROLLING PROCESSES 5.1 Overview Project Controlling Processes will be established early in the Project life cycle during the Planning Phase. Project Control is the process that includes completing regularly scheduled Project progress meetings and the use of regularly delivered Project progress reports, as well as implementing the processes needed for Change Management. The process begins during the initiation process and concludes at the end of the Project. As part of the Controlling Processes, TriTech utilizes a series of measurements and management reviews to mitigate the effect of these variances. Checkpoints or milestones are planned into each phase of the Project to measure performance and determine if the Project is ready for the next phase. Checkpoints are key tasks that act as gates to the next phase of a project. A delay in a milestone may cause a delay in starting or completing subsequent tasks; in effect creating a risk to the overall Project. Therefore, TriTech 's Project staff closely monitors checkpoint tasks and milestones and promptly notifies the Project Manager of any delay or failure with a milestone task. Milestone delays on the part of either party will trigger an overall review of Project activities so that risks can be assessed and properly managed. If either party becomes aware of a delay, notification shall be provided to the other party as soon as reasonably possible. Evaluation of overall Project status at each checkpoint is essential to ensure that the Project is effectively progressing toward completion and that new risks are not being introduced. In many cases, Project activities leading to a checkpoint are interrelated to later scheduled tasks. Success at checkpoints diminishes the risk to the Project going forward. Incomplete actions at a checkpoint may prompt delays and a rescheduling of the Project. For example, delays in completing or approving Custom Interface OSDs will delay the start and completion of the Interface development work, which may ultimately have an impact on the projected Go Live date. Depending upon the importance of the Deliverable, these kinds of delays can have a cascading effect upon the Project Schedule including training and Go Lives. As part of the Project controlling process, upon completion of significant milestones and or tasks, Tri Tech will submit a Task Completion Report ("TCR") to the Client. The TCR serves as a formal tool for verifying with the Client that the work has been performed, services rendered, and products delivered per the requirements specified within the SOW and/or related documents. TCRs are pres ented to the C li ent by TriTech's Project Manager for signature. Some TCRs may trigger a Project payment, in accordance with the payment terms within the Purchase Agreement. Upon execution of a TCR that is tied to a Project payment milestone, the Client will rece ive an invoice from TriTech's Accounting Department which must be paid based on the terms and conditions of the Purchase Agreement. The TCR will include the following information: 1. Description of Work performed and products delivered. 2 . Comments noting any special circumstances. 3. Product/Service deliverables listing the contract line items that are being recognized as delivered and will be invoiced. The contents of thi s material are c onfidential and proprietary to TriT ec h So ft ware Syste ms and may not be repro duced, publishe d or disc lo sed to others without the prior writte n consent of TriTech Softwa re S ystems . ©201 7 TriTech Software Systems 12 071519 HCBOC Page 433 Project Controlling Processes 4. Related Payment Terms in accordance with the Purchase Agreement, for contract line items that will be invoiced relative to the TCR. 5.1.1 TriTech Responsibilities a) TriTech will prepare and submit TCRs for Client's signature upon completion of the applicable task. b) The TCR will cite the appropriate SOW reference. c) TCRs that trigger a payment will include the payment amount in accordance with the Purchase Agreement payment schedule. 5.1.2 Client Responsibilities a) Client will review and approve TCRs within a three (3) business day period from the time of receipt less any challenges to the val idity of the report. b) If Client disagrees with a TCR, Client shall submit to TriTech a written explanation detailing why the Client believes that the subject of the TCR and/or tasks have not been completed in accordance with the Purchase Agreement or this SOW. Such notification from the Client shall be provided to the TriTech Project Manager within three (3) business days ofreceipt of the TCR. 5.2 Change Management Process Either party can request changes to the scope of the project at any time. Since a change may affect the price, project deliverables, this SOW, the supporting project schedule, and/or the term s of the Purchase Agreement for this SOW, both parties must approve each change in writing and agree on the impact each change may have on the Purchase Agreement and related attachments. The purpose of the Change Management Process is to mana ge any significant changes to the Project as described in this SOW or related documents as referenced within the SOW. These changes may include, but are not limited to a modification to Project scope, Standard or Custom products ' functionality, TriTech and C lient's identified roles and responsibilities , Project payment terms, and modifications to the scope or delivery location of services within the Project. All significant changes must be documented through the Change Management Process. The type of documentation needed will depend on the nature and significance of the change. A Project Ch ange Order will be the vehicle for communicating and approval of the changes. Whether initiated by the Client or TriTech, all Change Orders will be documented by the TriTech Project Manager. The Change Order shall describe the requested change, the party requesting the change, and the effect the change will have on the project, including the price, project deliverables, this SOW, the supporting project schedule, and/or the terms of the Purchase Agreement for this SOW. All Change Orders must go through the TriTech 's internal approval process before they can be presented to the Client for review and approval. Once the Change Order is generated, the Client Project Manager and TriTech Project Manager will review the proposed change and communicate as necessary to answer any questions, and/or work to resolve any issues preventing acceptance of the Change Order by both parties. Upon the approval by both parties the Change Order will be authorized for implementation. The creation of some Change Orders may, depending upon the scope of the requested change, require fees for TriTech to properly investigate and scope of the requested change. If additional fees are required by TriTech The contents of thi s material are confidentia l and proprietary to TriTech Software Systems and may not be reproduced, publis hed or di sclosed to others without the prior written consent ofTriTech Software Systems. ©2017 TriTech Software Systems 13 071519 HCBOC Page 434 Project Controlling Processes to create a Change Order, those fees will be identified and communicated to the Client Project Manager prior to TriTech 's investigation of the requested change. In such situations, TriTech will only proceed with the investigation required to create the Change Order if the Client has agreed to pay the additional fees associated with creation of the Change Order. Additional deliverables or Project deletions in terms of Software and services will require a mutually agreed upon Change Order. It must be noted that the later in the Project that a change is requested, the greater the likely impact in terms of costs, risks , and timescale. It is recommended that the Client not delay any review activity as it is a best practice to discover potential changes as early as possible. In some cases, it may be more appropriate to plan modifications for post Go Live delivery. 5.2.1 TriT ech Responsibilities a) Change Orders will be prepared for submission to the Client when required. b) Where Project changes require Engineering-level modifications, TriTech will perform requirements capture necessary to prepare required documentation including a high-level description of the change for Client review and approval. c) Where Project changes require Engineering-level modifications, Client will be informed of the delivery mechanism (version and schedule). 5.2.2 Client Responsibilities a) When applicable, the Client will identify the services or deliverables that will be subject to a Change Order, per the Purchase Agreement between both parties. b) When applicable , the Client will identify changes to features or functionality related to CAD, Mobile, RMS , Jail, Interfaces, or any other Subsystems that will require a change order. This process may also includ e participation with the requirements process. c) Client will approve and process Change Orders in a timely manner. 5.3 Project Reporting TriTech will provide Monthly Status Reports advising the Client Project Manager and key Client Project Stakeholders of the progress and status of project activ ities. This r eport will include the significant accomplishments, planned activities, issues, and potential ri sks associated with TriTech and TriTech 's Subcontractors' Deliverables . The Project Status Reports will include the following : a) Accomplishments during the Reporting Period. b) Planned upcoming activities . c) Issues. d) Risks. e) Key Action Items. In addition, the TriTech Project Manager will hold bi-weekly status meetings /conference calls to update the Client on the status of the Project and key action items and deliverables. The contents of this material are confidential and proprietary to TriTech Software Systems and may not be reproduced, publis he d or di sc losed to others without the prior writte n co nsent ofTriTech Software Systems. ©20 17 TriTech Software Sys te ms 14 071519 HCBOC Page 435 Project Controlling Processes During the Project, an Action Item Document will be created to document Project issues and action items . These documents s are generally product specific and are used by the Project Manager and other team members to facilitate successful Project completion. Action Item Documents are reviewed with the Client during bi-weekly Project status calls through the course of the Project. The Project Manager is responsible for periodically providing copies of updated Action Item Document. TriTech will provide an updated Project Schedule advising the Client Project Manager of the progress of project activities. The Project Schedule may be lacking the detailed tasks for the Client team, and the Client may add such tasks, owners, and durations to the Project in collaboration with TriTech Project Manager. The Project Schedule will consist of the following: a) Major Tasks. b) Task Responsibility. c) Task Duration. d) Major Milestones. e) Tasks Completed. f) Tasks in Progress. 5.3.1 TriTech Responsibilities a) Provide a written report of Project status once a month. b) Track issues and action items to closure through product specific Action Item Document. The Client will be periodically provided with updated copies of the Action Item Document. c) Conduct status meetings/conference calls every two weeks. d) Maintain an up-to-date Project Schedule. 5.3.2 Client Responsibilities a) Review the written report of Project status and provide feedback within three (3) business days to ensure that the documentation is correct. b) Participate in Project status meetings. c) Ensure participation of personnel in tasks and meetings. 5.4 Document Review During the Project, TriTech will deliver several documents to the Client for review. These documents will include but are not limited to the Functional Test Procedure, Project Schedule, Trip Reports, OSD, and Interface Requirement Documents for the Project. Approved document s are returned to the TriTech Project Manager. All documents will be provided in electronic (soft copy). If Client desires printed (hard copy) documentation, it is their responsibility to print and bind the desire copies. The TriTech Project Manager will retain a copy and provide Client with a copy. The co ntents of this material are confidential and proprietary to TriTech Software Systems and may not be reproduced , published or disclosed to others without the prior written consent ofTriTech Software Systems. ©2017 TriTech Software Systems 15 071519 HCBOC Page 436 Project Controlling Processes Should the Client find any document unacceptable, the Client must provide specific reasons in writing to the TriTech Project Manager. TriTech can then assess any required corrective measures and make revisions or modifications to provide acceptable documents within a mutually satisfactory timeframe. Status Reports are not subject to approval. To ensure compliance with the Project Implementation Schedule, the Client is responsible for the review of such documents and providing any comments to TriTech within three (3) business days. 5.4.1.1 Documents Subject to Client Approval a) Change Orders b) Operational Scenario Documents (OSD) c) Task Completion Reports (TCR) 5.4.1.2 Documents Subject to Client Review Not Requiring Approval a) Project Schedule Note: The Project Schedule and any changes hereto are to be mutually agreed upon between the Client and TriTech. b) Project Status Reports c) Functional Test (FT) Documentation d) Trip Reports e) Action Item Documents f) Interface Functional and Configuration Documents (IFCD) 5.4.2 TriTech Responsibilities a ) Distribute the documents to the Client. b) Coordinate the process to consolidate comments and edit documents. c) Manage the sign off process for applicable documents and the distribution of originals to the Client and TriTech for filing . 5.4.3 Client Responsibilities a) Review the documents presented and provide the appropriate information back to TriTech within three (3) business days for configuration sheets, Change Orders and/or Sales Orders . b) Review the documents presented and provide the appropriate information back to TriTech within five (5) business days for requirements documents defined above. Unless unanticipated changes to the Project Schedule would warrant a shortened turn around. 5.5 Third Party Management TriTech will be responsible for the management of third parties that have been identified as Subcontractors or executed Change Orders to the Purchase Agreement. The identified TriTech Subcontractors under the Contract are the following: 1. There are no Subcontractors for this project. The contents of this material are confide ntial and proprietary to TriTech Software Systems and may not be reproduced, published or disclosed to oth ers without the prior written consent ofTriTech Software Systems. ©2017 TriTech Software Systems 16 071519 HCBOC Page 437 Project Controlling Processes As part of the Subcontractor agreement, all communications between those third parties and the Client will be managed by TriTech. Any commurucation directly between the Client and third parties that may require or imply the promise of a material change in scope or responsibilities will not be acknowledged by TriTech unless an appropriate Change Order has been prepared. Conversely, the Client will be responsible for the management of third parties that TriTech is not responsible for. The Client will be responsible for the facilitation of discussions and the acquisition of materials from those third patties that are necessary for the configuration and development of the Client's System. 5.5.1 TriTech Responsibilities a) Assume responsibility for third parties that are the responsibility ofTriTech within the terms of the Purchase Agreement between TriTech and the Client. b) Process any Change Orders that may arise from a material change in scope where third parties are concerned. c) Infonn the Client when configuration and or programming will require interaction and/or documentation from a third party which is not the responsibility ofTriTech under the Purchase Agreement between TriTech and the Client. 5.5.2 Client Responsibilities a) Work directly through TriTech regarding third parties that are the responsibility of TriTech. b) Review, sign and process any Change Orders that may arise from a material change in scope where third parties are concerned. c) Facilitate interaction between TriTech and third parties not the responsibility of TriTech to include conference calls, answers to questions and documentation as requested. The conten ts of this material are confidenti al and proprietary to TriTech Software Systems and may n ot be reproduced , published or disclosed to othe rs without the prior written consent ofTriTech Software Systems. ©20 17 TriTech Software Systems 17 071519 HCBOC Page 438 6 PROJECT INITIATION AND PLANNING 6.1 Overview Project Initiation and Planning involves gathering the necessary Project specific information to produce a Project Schedule . Project Planning consists of those processes designated to establish when and how the Project will be implemented while further elaborating on Project Deliverables. Most of the information exchange between the Client and TriTech during this process is at a high level and consists of interaction between both Project Managers and a small group of Project stakeholders. Major Deliverables for the Project Planning phase are the specific Project Management Plans, and a baseline Project Schedule. The project must be managed in a manner that will allow for the adjusting the Project Management Plan and Project Schedule to address the circumstances that affect a project during Project Execution. Because of these changes during the Project life cycle, Project Planning will overlap each subsequent process during the Project. Typically, Project Planning tasks will decrease in frequency as checkpoints are successfully completed and as the Project nears Go Live and Project completion. ,Note: The Project Schedule is a living document, subject to change during the Project due to several factors such as change in Project scope, scheduling conflicts, delay in approving project documents, resource availabi lity, etc. All changes to the Project Schedule will be discussed between both parties and will be incorporated within a published schedule upon approval from the Client and TriTech. 6.1.1 TriTech Responsibilities a) Assign a Project Manager to the Project to participate in Initiation phase activities. b) Produce required documentation to support Initiation activities (such as Standard IFCDs, System Planning Document, etc.) c) Review and finalize the SOW with the Client. d) Identify and engage the TriTech Project team re sponsible for carrying o ut Project Execution. e) Baseline the Project Schedule . 1) Prepare and submit the TCRs for the project schedule baseli ne. g) Develop and s ubmit invoice for payment due at execution of the Purchase Agreement. 6 .1 .1.1 Client Responsibilities a) Assign a Project Manager for the Project to participate in Initiation phase activities . b) Identify and engage the Client's Project team . c) Re view and comment on the Project Schedule. d) Review and comment on TriTech provided documentatio n to support Initiation acti viti es. e) Finalize and approve the SOW with TriTech. The co ntents of thi s material are confidential and proprietary to TriTech Software Systems and ma y not be reproduced , published or disclosed to o thers wit hout the prior writte n consent of TriTech Software Systems. ©20 17 TriTech Software Systems 18 071519 HCBOC Page 439 Project Execution f) Approve the TCRs within 3 business days. 6.1.2 Project Kick Off During the planning phase, the TriTech Project Manager will hold a remote Kick-Off meeting with the Client's Project team. During the Kick-Off meeting, the TriTech Project Manager will provide an overview of the following: 1. The TriTech Execution Process. 2. A high-level description of Project Deliverables. 3. Roles and responsibilities for the Project team members. 4. A high-level review of the preliminary Project Schedule including projected Project milestones and checkpoints. 5. Re view any project related questions from the Client's team. 6.1 .2.1 TriTech Responsibilities a) Prepare the agenda and set a date for the Kick-Off that is convenient to the C li ent and TriTech Team. b) Distribute any documents that the Client should review in advance of the Kick-Off meeting. c) Conduct the Kick-Off meeting. 6.1.2.2 Client Responsibilities a) Work with the TriTech Project Manager to facilitate scheduling a date for the Kick-Off meeting. b) Schedule the appropriate personnel from the Client's team to attend. This should also include key stakeholders that may not participate routinely in Project operations, but who have authority or responsibility over the Project. c) Provide adequate accommodations to include adequate internet connectivity for a Web Meeting, seating, audio-visual equipment including a projector(s), screen, and whiteboard. 7 PROJECT EXECUTION 7 .1 Overview Project Execution focuses on the development and delivery of Project Deliverables. Processes will be iterative and consist of: 1) a review of Deliverable documents; 2) Development, configuration, Installation and testing of software and hardware deliverables, and 3) Delivery of Project related services such as Project related training. These processes are iterative in nature with many checkpoints to evaluate Project progress and where applicable , to initiate Change Management processes. Each Deliverable has a closing process which consists of specific completion criteria . These Deliverable closing processes are independent from the closing process of the Project. The contents of this material are confidential and proprietary to TriTech Software Systems and may not be reproduced , published or dis closed to others without the prior written co n se nt ofTriTech Software Systems. ©2017 TriTech Software Systems 19 071519 HCBOC Page 440 Project Execution 7.2 System Installation System installation is one of the early processes in the Project implementation phase, and has a significant impact on and critical dependency on several key activities. All tasks and activities related to System Installation are included in this section and will occur in the order presented. Note that other project activities can occur concurrently or between these steps. 7 .2.1 Review Hardware Specifications TriTech and Client will review the specifications to ensure that the correct hardware and third party software components are procured and installed. TriTech will only be responsible for procurement of the hardware and third party software that is explicitly listed under the Agreement as TriTech Deliverables or Deliverables ofTriTech's Subcontractors. 7.2.1.1 TriTech Responsibilities 1) Provide hardware and Third Party specifications to Client. 7 .2 .1.2 Client Responsibilities 1) Review and validate hardware and Third Party specifications. 7.2.2 Hardware and Equipment Procurement Process TriTech and Client will procure hardware, third party software, and equipment per TriTech's recommended Specifications. Tri Tech is only responsible for procurement of the hardware and third party software that is identified as TriTech Deliverables in the Purchase Agreement. If the hardware and third party software is procured by the Client, it is the Client's responsibility to procure the required equipment based on TriTech approved specifications, and to ensure the timely delivery of the hardware and third party software to the site to a llow timely implementation of the System and Subsystems. Where the Client is responsible for procuring the server hardware, the Client will be responsible for completing the following steps: 1) Fully configuring the servers with cores, memory, and disks. 2) Loading VMware and Microsoft Windows. 3) Partitioning disk drives partitioned and the implementing applicable Raid level based upon TriTech documentation. 4) Assigning the computer name and IP address based upon TriTech documentation. 5) Creating the SSL Certificates needed for each server which requires one based upon TriTech documentation 6) Providing the media and licenses for SQL Server in a location accessible by the servers. 7 .2.3 Hardware Staging and Preparation for Installation The Client will be performing basic server integration for all servers. Basic server integration includes placing the servers in the racks , joining them to the existing d~main, with the Domain Controller in place, running the TriTech pre-requisite DVD on Inform CAD and Ihform Mobile servers, and establishing remote connectivity capability (VPN and Remote Desktop, or Bomgar) for authorized TriTech personnel to perform configuration. These activities will be coordinated between TriTech and the Client IT staff. Guidance will be The contents of this material are confidential and proprietary to TriTech Software Systems and may not be reproduced , published or disclosed to others without the prior written con sent ofTriTech Software Systems. ©2017 TriTech Software Systems 20 071519 HCBOC Page 441 Project Execution provided by TriTech's Client Installation Services (CIS) team as required. If the Client is not willing to complete the basic server integration, this task may be performed by TriTech or TriTech's Subcontractors at additional cost. To start configuration, the Client must provide remote connectivity to TriTech. The Client must also provide the server names, IP addresses, Administrator Account Information (User Name, Password), Services Account Information, and the location of 3rd Party Software media (such as SQL). An Installation Service Request (ISR) will be provided to the Client that organizes this infonnation in to the TriTech preferred format. The Client is responsible for providing the completed JSR to TriTech no later than two (2) weeks prior to the installation activities. The Client is responsible for ensuring that the site is prepared and ready for the installation of hardware, third party software, and TriTech software as detailed in TriTech 's documentation including the.System Planning Document no later than two (2) weeks prior to the scheduled Installation date. Delay in providing this information in its complete form will result in a delay in the Installation and the activities that follow installation of the System. At least one ( 1) week prior to installation, a member of the TriTech CIS team will verify: (1) connectivity to the Client site via VPN, (2) connectivity to each of the servers, and (3) access to all required security accounts. If the servers, accounts and connectivity are not ready the Project may be rescheduled, which may have an impact on the overall Project timelines. 7.2.4 TriTech Responsibilities a) Provide the System Planning Document. b) Facilitate a hardware review prior to hardware/OS procurement. c) Procure equipment and third party software if included in the Purchase Agreement as a TriTecb deliverable. d) Provide guidance and assistance as necessary if the system equipment is procured by the Client. e) Distribute the Installation Service Request (ISR) document to the Client. t) Assist the Client in completing the ISR. g) Review the completed ISR prior to the installation. h) Test the remote connectivity to the site prior to installation of the hardware and software. i) Install the Microsoft SQL software. j) Prepare and submit a TCR for Client review and approval upon completion of these activities. 7.2.4.1 Client Responsibilities a) Complete the Installation Service Request (ISR) document and provide to TriTech . b) Prepare a network diagram and provide to TriTech. c) Perform site preparation, as specified in the System Planning Document and ISR. d) Assign the computer name(s) and IP address(es) based upon TriTech documentation. The contents of thi s material are confidential and proprietary to TriT ech Software Systems and may not b e reproduced , publishe d or di sclosed to others without the prior written consent of T riT ech S oftwar e S ys tems. ©2017 TriTech Software Systems 21 071519 HCBOC Page 442 Project Execution e) Establish remote connectivity capability (VPN and Remote Desktop, or Bomgar) for authorized TriTech personnel to perform software installation and configuration. f) Run TriTech Pre-Requisite DVD on all applicable Inform servers prior to any installation work being performed. g) Provide all horizontal and vertical cable runs , pathways, coring, access points, floor cutting or drilling, and related tasks related to cable and equipment installation. h) Provide all Client-supplied telephone, external interface connection points , electrical power and other receptacles within manufacturer recommended distance of the equipment and all peripheral components. i) Provide and install all data communication lines, modems, hubs and routers, cabling, equipment and other components necessary for system operation and maintenance and for remote sites and connection to other systems. All lines will be clearly identified and tested. j) Provide TCP/IP communications and connection to the hub equipment provided in support for any existing networks, workstations and printers that are to have access to the TriTech applications. k) Obtain all necessary IP addresses and schemes. I) Allow remote access to TriTech to all development and system "root" accounts on all servers running TriTech licensed Software. m) Procure equipment and third party software if it is the responsibility of the Client per the Purchase Agreement. n) Install operating system software, perform Windows Genuine Advantage validation, and install all Windows Updates for Client procured hardware unless the service is specified as a TriTech responsibility in the Purchase Agreement. o) Perform basic server integration including, but not limited to: 1. Installation of servers in applicable racks. ii. Joining servers to the existing domain with the domain controller in place. iii. If applicable, install and setup of the VM environment. p) Provide TriTech with all necessary configuration documentation which includes machine naming, IP addresses, Administrator Account information, Service(s) Account information, naming convention, and connectivity as prescribed. q) Provide TriTech with a high-level network diagram . The diagram should be provided prior to TriTech Software installation. r) Install all peripheral equipment, including sca nners , printers, barcode readers, etc. s) Create and maintain SSL certificates for the servers which require them, per TriTech documentation. t) Approve the applicable TCR. 7.2.5 Basic Server preparation and Network Services Performing the services listed in thi s section is a responsibility of the Client. If these services are explicitly included in the Purchase Agreement, TriTech or a TriTech Subcontractor will implement 3rd party software and/or hardware solutions bas ed upon the following task list. These solutions can include but is not limited to, SAN, Citrix , VMware, and Domain Controller configurations. These services can be performed on site or The contents of this material are confidential and proprietary to TriTech Software Systems and ma y not be reproduced, published or di sclosed to others without the prior written consent ofTriTech Software Systems. ©20 17 TriTech Software Systems 22 071519 HCBOC Page 443 Project Execution remotely via a VPN connection. These services will be performed at additional cost to the Client and are not included in TriTech's standard installation services. 7 .2.5.1 Client Responsibilities a) Provide the facility suitable to house Server hardware and network infrastructure. b) Have a member of the Client's IT staff available while software/network configuration is being performed. a) When deploying a SAN, configure the applicable RAID configuration, create the LUN(s) and present them to the physical or virtual servers. b) If the VM servers are not procured through TriTech, the Client is responsible for building individual servers. c) When deploying a VMware solution, install the VMware operating system, connect physical host servers to a SAN if applicable, configure vCenter, create a VM Template for Interfaces and business servers, and configure vMotion and High Availability (HA) if applicable. The Client is also responsible for building individual VM servers. d) If required, deploy the Domain Controller by adding the member server to an existing Domain or create a new Domain, promote the member server to Domain Controller, enable and configure DNS, enable and configure DHCP if required. e) Create domain account(s) for TriTech 's remote support connectivity and access so that TriTech can assist Client with installation and ongoing maintenance 1) Perform all necessary network configurations, to include but not limited to determining the network design routing protocols, subnet mask, redundancy, router and switch configuration. g) Create Networking/Server documentation to illustrate intended configuration. Note: VMware, vMotion and HA require a SAN or a way to present shared storage to the physical host servers in a VMware virtual farm. Note: Network and Server security are always a responsibility of the client. 7.2.6 System Installation Once TriTech and the Client have prepared the site based on TriTech documentation, to include the System Planning Document and the applicable ISR form is completed, a TriTech Clie nt Installation Services specialist will perform the TriTech installation services . These services will be performed remotely, unles s otherwise specified in the Purchase Agreement, and include installation of the contracted TriTech Software products on the quantity of servers and workstations as specified in the Purchase Agreement. These installation activities will be coordinated between TriTech and the Client. Note 1: All SQL server licenses will be installed by TriTech. The Client is responsible for making the media and license keys available to TriTech for the installation. The conte nts of thi s material are confidential and proprietary to TriTech Software Sys tem s a nd may not be reproduced , published or di sclosed to others without the prior writte n consent ofTriT ec h Softw a re Sys tem s. ©2017 T ri Tech Software Syste ms 23 071519 HCBOC Page 444 Project Execution Note 2: The Installation services for different components of the System may be performed at different times, based on the implementation and deployment timelines for each Subsystem. Note 3: The scope of installation services and the number of servers and workstations to be installed and configured by TriTech is limited to the servers and workstations that have been explicitly listed in the Purchase Agreement. If the Client has been granted Site Licensing for selected TriTech Software, TriTech is only responsible for the initial installation services, and installation of additional servers will be subject to additional charges. Note 4: If Client does not follow the processes and procedures detailed in the TriTech System Planning Document and this results in a need for reinstallation of the hardware or software, the reinstallation effort will be performed at additional cost to the Client. 1Note 5: At TriTech 's discretion, TriTech may perform installation activities for certain components of the system on-site. 1 The following pre-requisit es must be in place prior to the start of TriTech Software installation: a) Site preparation is complete as outlined in the section s above. b) Hardware has been installed at Client site. · c) Client has provided TriTech with remote connectivity to all applicable servers. d) Client had provided TriTech all relevant docume ntation as outlined in the sections above to include licen sing keys, IP addresses, u sername/passwords, and the completed ISR. 7.2.6.1 TriTech Responsibilities a) Install and configure Microsoft SQL to operate with each of the applicable T riTech product(s). b) Configure the System se rvers in the applicable environments (Production, Test , Training, and Disa ster Backup environments, if provisioned by the Purchase Agreement). c) Install and configure the applicable TriTech system(s), such as Inform CAD, Inform RMS , and Inform Mobile on the designated servers and applicable environments a s specified in the Purchase Agreement. d) Provide verbal support to the Client with self-installation procedures for the workstations using the TriTech provided Pre re qui site Installation DVD and applicable Launch configurations. e) After completion of the initial in stallation and configuration of each major System (s uch as Inform CAD, Inform RMS , and Inform Jail servers), a membe r of Technical Services team provides a technical hand- off to designated staff from the Client's information Technology team via a conference call. The follo w ing major topics will b e discussed during this technical hand-off: i. Proper procedures for performing System Backups: The co ntents of thi s material are confidential and proprietary to TriTech Software Systems and may not be reproduced , published or di sclosed to others without the prior written consent ofTriTech Software Systems. ©20 17 TriTech Software Systems 24 071519 HCBOC Page 445 Project Execution o File Structure -Inclusions and exclusions o Databases o Moving Backups to media ii. Proper procedures for refreshing Testffraining system (and related documentation) iii. Approved configuration and use of Virus Scan software iv. Approved procedure for application of Windows updates v. System Upgrade process and procedures vi. Support Website and TriTech list server access vii. Managing/Reviewing system Jogs (CAD, SQL and Event Logs) f) Prepare and submit a TCR upon completion of the installation tasks and activities. 7.2 .6 .2 Client Responsibilities a) Allocate appropriate onsite Project personnel to support TriTech personnel during configuration ta sks as necessary and designate a primary point of contact to be available to address and answer questions that arise during the installation of the baseline application software. Appropriate Client personnel include the necessary IT personnel and database administrator(s) as needed during installation. b) Complete the configuration of workstations (after the installation of the limited number of workstations by TriTech) using the Prerequisite Installation DVD and applicable Launch configurations. c) Put in place TriTech's recommended backup procedures as outlined in the System Planning Document and ensure backup procedures are consistently followed beginning at the completion of this task. d) Install and configure virus scanning software as outlined in the System Planning Document. e) Provide SSL Security Certificates for all TriTech web-enabled applications that require a certificate, configured per TriTech documentation. f) After completion of the initial installation and configuration of System servers, the Client will be responsible for maintaining the System based on TriTech System Document, and the technical hand-off from TriTech Technical Services department. Specifically, the Client 's IT staff is re spons ible completing the following activates related to Inform Subsystem servers: o Updating Training/Test Systems with fresh data (from Production) as needed o Continued updating and monitoring of virus scan software o Application of Windows updates o Following the procedures for System Upgrade o Managing/Reviewing system logs (SQL and Event Logs) o Management of Microsoft and other Third Party Software include patch applications and upgrades as needed for new Subsystem versions. o Deployment and u se of the Prerequisite Installation DVD for Subsystem upgrades as required. g) Review and approve the applicable TCRs. The contents of this material are confidenti al and proprietary to TriTech Software Systems and may not be reproduced, published or disclosed to others without th e prior written consent ofTriTech Software Sys te ms . ©2017 Tri Tech Software Systems 25 071519 HCBOC Page 446 Project Execution 7.3 Implementation of Inform CAD Inform CAD is implemented through a series of standard steps and process gates . These steps are designed to ensure that the operational needs of the Client are identified, the configurations are verified, and the system is tested to validate the proper functionality of the system prior to deployment. The following sections describe the implementation process for Inform CAD. 7.3.1 lnfonn CAD Initial CAD Configuration and Setup Following project kickoff, the TriTech Project Manager will schedule several two (2) hour remote configuration and consultation sessions with the customer to have the TriTech Business Analyst (BA) present the System Module Setup worksheet (SMS) and review each section. This worksheet provides a tool for the base building blocks of CAD to be compiled and validated. Once the SMS is complete, the BA will use the information to build the basis of the CAD system in preparation for the complete system buildout by the customer team. The contract provides a quantity of eight (8) Inform CAD two (2) Hour Remote Configuration and Consultation sessions . Some key discovery points during the Initial CAD Configuration and Setup are as follows: a) Work Flow -Understanding the setup for work flow from first receipt of an incident through incident completion. b) Agency Type Setup -The segmentation of operational processes including incidents, units, and call- taker/dispatcher roles and responsibilities. c) Review reporting requirements (geographic reporting segmentation). d) Event numbering (Incidents) including master incident numbers, response numbers and case numbers. Based on the key discovery points during this session, it is necessary that the attendees include individuals who can properly address these key points and make configuration decisions. 7.3.1.1 TriTech Responsibilities a) Schedule the Remote Configuration and Consultation calls in accordance with the Client's availability and the Project Schedule. b) Conduct the meetings based on the distributed agenda. c) Send the System Module Setup worksheet (SMS) and other reference material to the Client. d) Document and assign owners and due dates to any action items and track all action items to closure . e) Document any gaps between the standard functionality of the System and functionality required by the Purchase Agreement for further analysis and discussion and/or facilitate the change control process. Client requested changes that are beyond the scope of the Purchase Agreement will be evaluated at this phase and will include the assessment of any potential impact to the Project Schedule as well as additional project charges to be paid by the Client. f) Perform a preliminary Code File build of the Client's Inform CAD System at TriTech. g) Facilitate updates to the System Module Setup (SMS) building sheet. The contents of thi s material are confidential and proprieta ry to TriTech Software Sys tem s and may not be reproduced , publishe d or disclo sed to others witho ut th e prior written con sent ofTriTech S oftware Sys te ms . ©2017 TriTe ch Software Systems 26 071519 HCBOC Page 447 Project Execution h) Prepare and submit a TCR upon completion of relevant activities. 7 .3.1.2 Client Responsibilities a) Ensure participation of key stakeholders and decision-makers in the Initial CAD Configuration process and Remote Configuration and Consultation sessions. a) Provide subject matter experts that can explain the communication center's current call flow and agency structure. These persons should have the ability to make decisions regarding any changes in workflow that may arise with the new Inform CAD System. b) Provide subject matter experts with the ability to gather and provide the data elements used to build Code Files to TriTech. c) Provide subject matter experts that will be able to explain the agency 's geopolitical/operational boundaries. This person (or persons) should be able to articulate the specific response requirements that will be built within CAD response plans. d) Provide subject matter experts that will be the CAD super users, as well as a person or persons that will be responsible for the ongoing maintenance of the CAD Code Files and configuration (CAD Administrator). e) Provide subject matter experts that will be responsible for translating the geopolitical/operational boundaries into data (ESRI shape files) suitable for use within the CAD. f) Provide subject matter experts that will be responsible for the maintenance of the agency 's street centerline data. g) Provide subject matter experts that can provide information on technical Systems (Interfaces and Hardware/Network) or field-related functions (Inform Mobile or other mobile systems, station alerting and the like). h) Review and approve applicable TCRs. 7.3.2 Inform CAD Configuration and Administration Workshop Once the initial Code File and configuration phase is complete, CAD is installed at the Client site, and the initial GIS map conversion is complete, a Configuration and Administration Workshop is conducted. This working meeting includes a review of the preliminary Code Files and configuration, a review of imported GIS data, and hands-on training on software utilities for completing the Code File build and on-going Code File management. The Configuration and Administration Workshop will be four (4) days and will be held at the Client's facilities using the Client's system hardware after it ha s been configured by TriTech. Client will be responsible for supplying the requested data to TriTech no later than four ( 4) weeks prior to Configuration and Administration Workshop to allow sufficient configuration time . The data will be requested as a follow up to the Initial CAD Configuration and setup. It is also required that the Client's centerline conversion be completed no later than four ( 4) weeks prior to the Configuration and Administration Workshop. To meet this deadline, all GIS data must be delivered to TriTech in required format per the agreed upon schedule. Any delays will result in a cascading effect on the project timelines. Participants include key members ofTriTech's implementation team and should not generally exceed ten (10) core members of the Client's implementation team . The Client's team should include representatives of dispatch, field operations and administration (reporting). After the session, a trip report is produced which The contents of this material are confidential and proprietary to TriTech Software Systems and may not be reproduced , published or disclosed to others wi thout the prior written consent ofTriTech Software Systems. ©2017 TriTech Software Systems 27 071519 HCBOC Page 448 Project Execution documents the core software configuration, Code Files, and activities to be completed by the Client. Any issue that is determined to be outside the scope of this Project, as defined herein, requiring a modification or enhancement to the TriTech Software will be addressed through the Change Control process. Following the Configuration and Administration Workshop, ownership of Code Files transfers to the Client. The Client will enter the balance of the Code Files (not built by TriTech). These are typically geo-centric items that require local knowledge of the community. The Client also becomes responsible for maintaining Code Files (personnel, unit, premise, caution notes and the like) that must be continuously updated to keep the Code Files in Go Live ready status. During this phase, the assigned TriTech Business Analyst will provide consultation services. 7.3 .2 .1 TriTech Responsibilities a) Schedule the Configuration and Administration Workshop in accordance with the C lient's availability and the Project Schedule. b) Prepare and distribute the meeting agendas to all required attendees a week prior to each meeting. c) Conduct the meetings based on the distributed agenda. d) Provide initial hands on training on the applicable system and introduction to different modules and their configurations. 'Note: This training is not meant to be comprehensive for end user understanding of the Subsystem. The purpose is to give the participant an understanding of basic features, call flow and how the configuration files influence them. e) Review the maps for Inform CAD. t) Document and assign owners and due dates for any action items and track all action items to closure. g) Handoff the management the Code Files to the Client. h) Provide the Client team with a copy of the Inform CAD User and Administration Guides . i) Prepare and submit a TCR upon completion of the Configuration and Administration Workshop, and upon delivery of the trip report to the Client. 7.3.2.2 Client Responsibilities a) Provide adequate facilities to comfortably hold the Configuration and Administration Workshop to include an overhead projector. Two projectors are preferred. Configuration and Administration Workshop also requires workstations for each participant. b) Provide subject matter experts that can examine the hierarchy build as articulated to the Business Analyst in terms of the agency structure. c) Provide subject matter experts that can examine the proposed call flow. These persons should have the ability to make deci sions regarding any changes in call flow that may arise with the new Subsystem. d) Provide participants that are versed with the ability to continue the configurations, or Code File build once ownership tran sfers. e) Provide participants that will be able to verify the agency's geopolitical/operational boundaries. t) Provide participants that were responsible for translating the geopolitical/operational boundaries into data (ESRI shape files) suitable for use within the Subsystem, and can validate those boundaries. The contents of this materi al are confid ential and proprietary to TriTech Software Sys tem s and may not be reprodu ced, published or di sc lo sed to others without the pri or writt en conse nt ofTriT ec h Soft wa re Sys tem s. ©2 01 7 TriTec h Soft wa re Systems 28 071519 HCBOC Page 449 Project Execution g) Provide participants that will be responsible for the maintenance of the agency 's street centerline data. h) Assume ownership for the continued build and maintenance of the system under the guidance of the TriTech project team. i) Ensure participation of key stakeholders and decision-makers in the Configuration and Administration Workshop. j) Observe the change control process for any requested software changes. k) Review and approve the applicable TCRs. 7 .3.3 Inform CAD Geographical Information Services 7.3.3.1 Initial GIS Analysis and Configuration for CAD and Mobile' The TriTech GIS Analyst will work with the Client to perform a one-time evaluation and initial conversion of the Client provided GIS data. GIS street centerline data must be from a single integrated source when delivered to TriTech for conversion. An analysis will include the following: a) Routing and Navigability -The street centerline data will be analyzed to ensure that there are no breaks in the road network and that an acceptable percentage of addresses2 within the service area are routable with impedances or speed lim its, applicable tum restrictions (one way data), elevations for overpasses and street types . b) Addressing -Evaluate data for the presence of block ranges, street types , and city designators. c) Supplemental Coverage -An evaluation of GIS data that may be available for response areas, ESRI compatible overlays including satellite image, and applicable point data to ensure compatibility. A report will be presented to the C lient upon completion of the GIS analysis prior to the import of GIS data into one or more Systems or Subsystems. If there are significant problems with the data, additional GIS work and analysis may have to be added to the project via Change Order. Additional project costs may apply. NOTE: Data evaluation only applies to Custom Map conversions of Client supplied data. Standard mapping conversion (Tom Tom data) is limited to converting source mapping data from one of the standard mapping data providers. 7.3 .3.2 TriTech Responsibilities a) Evaluate Client-supplied GIS data to ensure it is formatted correctly for street-centerline display, address point usage and address functions. A report will be generated based on this analysis. b) Evaluate C lient-supplied GIS data to ensure it is formatted correctly for routable functions. A report will be generated based on this analysis. c) Evaluate Client-supplied GIS data to ensure it is formatted correctly for Inform CAD Quickest Path Unit Recommendations functionality. d) Review the Client-supplied GIS layers for Inform CAD and Inform Mobile for viewing and execute the initial basic map configuration. e) Provide a report which summarizes the findings from applicable GIS analysis services. f) Prepare and submit a TCR upon delivery of the GIS analysis report. 2 The phrase "acceptable percentage" refers to a deci sion that th e C lient mu st make re garding the acceptable level of navigability needed within the street centerline network. Since editing and maintaining the street data is a Client responsibil ity, the Client will have to evaluate and mak e a judgment regarding the impact of the level of accuracy and the cost associated with increas ing the navigability of the data. The contents of this material are confidential and proprietary to TriTech Software Systems and may not b e reproduced, publis hed or disclosed to others wi thou t the prior written co nsent ofTriTech Software Systems. ©20 17 TriTech Software Systems 29 071519 HCBOC Page 450 Project Execution 7.3.3.3 Client Responsibilities a) Provide data in the required format, and per Project Schedule. b) Provide data to include 1) Centerline data; 2) response areas; 3) viewable/cosmetic layers 4) Address Points (Optional). c) Based on the analysis report provided by TriTech, make needed changes to mapping data to allow the resulting GIS data to meet TriTech's mapping data requirements. d) Review and approve the appropriate TCR. 7.3.3 .4 Mapping Data Conversion and Import TriTech will perform a Mapping Data Import that provides maps for the Inform CAD system. This process does not include making any corrections to the Client GIS data. If the GIS data consists of data from more than one source, TriTech will not be responsible for joining these areas, or "stitching" the areas to create a uniform geographic area. 7.3.3.5 Configuration of Mapping Layers A TriTech GIS Analyst will configure up to 7 standard GIS layers each for viewing on Inform CAD and Inform Mobile. Such conversion activities will be part of the training process to allow the Client to add their own layers to the map displays in Inform CAD and Inform Mobile. Additional conversion work by TriTech staff is an additional charge and must be authorized by the Purchase Agreement or a Change Order. The standard layers are limited to the following: 1-Water line features (rivers, streams, creeks) 2-Water polygon features (ocean, lakes , ponds) 3-Airports 4 -Railroads 5-Parks 6-City Boundaries 7-County Boundaries 7 .3 .3.6 Response Area Import Service If the Client provides Response Area data to TriTech at the time of CAD map conversion, TriTech GIS Analyst will import the Response Areas into Inform CAD. GISLink training will provide the Client with the capability to add, delete, or modify Response Areas for ongoing GIS maintenance. Response Areas must conform to the data requirements as listed in the Mapping Requirements document. 7.3.3.7 TriTech Responsibilities a) Provide the initial configuration services to enable u se of Inform CAD Quickest Path Unit Recommendations functionality . b) Perform a mapping data conversion and import of the Client-supplied data into applicable licensed Systems and Subsystems. c) Prepare and submit a TCR upon completion of the mapping conversion activities. 7 .3.3.8 Client Responsibilities a) After initial GIS conversion, assume responsibility for updating the data using TriTech provided GIS tools to ensure that data is up to date for Go Live. The contents of this material are confidential and proprie tary to TriTech Software System s and may not be reproduced, publi shed or di sclosed to othe rs without the prior written consent of TriTech Software S ys tems . ©2017 TriTech Software Syste ms 30 071519 HCBOC Page 451 Project Execution b) Review and approve the applicable TCR. 7.3.4 Inform CAD Validation and Readiness Workshop Once most the code files have been completed by the customer, a Validation and Readiness workshop is conducted. The Validation and Readiness workshop for Inform CAD will be four (4) days and will be held at the Client's facilities on the Client's system hardware after it has been configured by TriTech. The Inform CAD Validation and Readiness workshop will review the completeness of the codefiles in the Client's system, review system functionality, review response areas and response plans, and conduct an overall system readiness assessment. This session will also provide a forum for the Client to discuss any final work.flow questions or issues prior to End User Training. 7.3.4 .1 TriTech Responsibilities a) Schedule the Inform CAD Validation and Readiness workshop in accordance with the Client's availability and the Project Schedule. b) Prepare and distribute the meeting agendas to all required attendees a week prior to each meeting. c) Conduct the workshop based on the distributed agenda. d) Review codefiles for completeness. c) Review system functionality. f) Review response Areas and response plans. g) Perform an overall system readiness assessment to include a standard TriTech set of scenario based testing. h) Prepare and submit a TCR upon completion of the Inform CAD Validation and Readiness workshop and upon delivery of the trip report to the Client. 7.3.4.2 Client Responsibilities a) Provide adequate facilities to comfortably hold the Inform CAD Validation and Readiness workshop to include an overhead projector. Inform CAD workstations for each participant are required. b) Provide subject matter experts that can examine call flow. These persons should have the ability to make decisions regarding any changes in call flow that may arise. c) Provide participants that are versed with the ability to adjust the configurations, or Code Files if the need anses. d) Provide participants that will be responsible for the maintenance of the agency 's street centerl ine data. e) Ensure participation of key stakeholders and decision-makers in the Inform CAD Validation and Readiness workshop. f) Observe the change control process for any requested software changes. g) Review and approve the applicable TCRs. The contents of thi s material are confidential and proprie tary to TriTec h Software Sys tems and may J n ot be reproduced , publi shed or di sclosed to others without the prior written con se nt ofTriTec h 31 Software System s. ©2017 TriTech Software Syst ems 071519 HCBOC Page 452 Project Execution 7.3.5 lnfonn CAD Training Note: Training classes are conducted based on the quantities that are specified in the Purchase Agreement. The appearance of a course description in this Statement of Work does not mean a course will be conducted -it must be listed in the Purchase Agreement. Inform CAD Training classes are conducted on consecutive weekdays during business hours (Tuesday- Friday, during business hours). Alternate training schedules (e.g., Monday class starts, multiple classes per da y, evening and weekend classes) will be s ubject to an additional charge. The training classes related to Inform CAD and its Subsystems are classified into three general groups: a) Classes that are dependent upon specific Client configurations and requirements ; therefore, they are only conducted on the Client System after Validation and Readiness Workshop and in preparation of Go Live. Inform CAD Call Taker/Dispatcher User Training Course is an example of these classes. b) Classes such as GISLink that are delivered to a specialized group within the Cl ient 's team during the Project to assist them with implementation and maintenance of the System on a routine basis. c) Classes such as System Administration Training and CAD API Training that are not dependent upon individual Client configurations and are generic in nature. The se classes are held at TriTech facilities based on a regular schedule, and are offered to attendees from different agencies. 7.3.5.1 TriTech Responsibilities (for all Inform CAD training activities) a) Conduct the training in increments of one ( 1 ), eight (8) hour days. b) Provide feedback to Client Supervision as to the progress of the students. c) For the Training classes that are held at Tri Tech, provide adequate training facilities and equipment. d) Prepare and submit a TCR upon completion of each class or group of consecutive classes. 7.3.5.2 Client Responsibilities (for all Inform CAD training activities) a) Prov ide adequate training facilities, including a conference room with adequate space and seating/conference table s pace, white board, projector, and computer projector ( capable of 1024x768 resolution). b) Provide a supervisor for each cla ss that can answer agency specific questions as related to the build of the C lient 's system. c) Review and approve the applicabl e TCRs. 7 .3.5.3 Inform CAD Call Taker/Dispatcher User Training Course (Client site) The Inform CAD User Training course is a four (4) day class, and training days are a maximum of eight (8) hours in length. TriTech recommends that the Client have a supervisor present at each training class. Ideally, this s upervisor would have participated in part with the implementation process. Training classes will start on a Tuesday, and end on Friday . The number of students attending the User Training course will be limited to ten (10) students per class . This class will be held at the Client's site. T he contents of this materi al are confidenti a l and proprietary to TriTech Software Systems and may not be reproduced , published or di s closed to others without the prior written co nsent ofTriTech Software Systems. ©2017 TriTech Software Systems 32 071519 HCBOC Page 453 Project Execution 7.3.5.4 Inform CAD Post Go Live System Optimization and Advanced Configuration Workshop Note: Services defined in this section will only be provided if this optional item is purchased. The focus of this three (3) day course is to review the system configuration with the client and address questions relating to workflow or how the system is utilized. Students will cover the use of the Inform CAD administrative tools and code files. Students will also cover response plans and advanced methods of adjusting responses to provide for the closest, most appropriate unit selection. Students are highly encouraged to bring examples of current response scenarios that require assistance or may yet need to be completed. Training classes will start on a Tuesday, and end on Thursday. The number of students attending the User Training course will be limited to ten (10) students per class. This class will be held at the Client's site. The Client is responsible for providing adequate training facilities, including a conference room with adequate space and seating/conference table space, white board, projector, and computer projector (capable of 1024x768 resolution). Prerequisites: Completion of Inform CAD Dispatcher/Call Taker User Training. 7.3.5.5 GISLink Utility Training Course Note: Services defmed in this section will only be provided if this optional item is purchased. The focus of this course is to prepare selected Client personnel to import and use existing GIS data in Inform CAD and manage the GIS data used by Inform CAD, Inform Mobile and Inform RMS. GISLink is a Utility that provides a way for Clients to intelligently import Client GIS data into the Inform CAD databases. It consolidates GIS data related tools for maintaining and using GIS data in TriTech products. The training course will also cover the maintenance methods for Inform Mobile Maps, Inform GEO Maps and Inform RMS address location services. Training classes will be conducted between Tuesday and Thursday, based on mutual availability of the TriTech and Client staff. Training course will be limited to three (3) students per class. This class will be held at the Client 's site . The Client is responsible for providing adequate training facilities, including at least one Inform CAD console with GISLink utility installed on it. Prerequisites: GIS knowledge and background; familiarity with ESRI tools and ArcMap. No other activities (including but not limited to TriTech performing follow up changes to the Client's maps, development of special material for the Client, or a follow-up one-on-one session with the Client's GJS staff) are within the scope of this class. 7.3.5.6 Inform CAD System Administration Training (TriTech Site) The System Administration Training course provides an overall administrative perspective of the system including operating system and database management software and equipment components. This comprehensive 4-5 day course is held at TriTech headquarters, and trains System Administrators and staff members on how to set up and administer infrastructure configurations for the Client-configured Inform CAD System. The class will also provide attendees with sufficient skills to perform system maintenance The contents of this material are confidential and proprietary to TriTech Software Sys tems and may not b e reproduced, published or disclosed to others without the prior writte n consent ofTriTe ch Software Systems. ©2017 TriTech Software System s 33 071519 HCBOC Page 454 Project Execution manage and monitor interfaces , manage system operation and database settings for application support, maintenance and backup, and general troubleshooting skills. Attendance of the Client-designated individuals should be coordinated and scheduled through TriTech's Project Manager and should be coordinated in such a way that does not interfere with progress of the Project. System Administration classes are held regularly in TriTech's training facility in San Diego and may have attendees registered from agencies other than the Client. Training classes start on a Monday and end on Friday. The number of attendees will be based on the number of seats that have been purchased by the Client. If more than one seat is purchased by the Client, the Client has the option to send their attendees to one class or different classes. The Client is responsible for the travel fees and out of pocket expenses for their staff attending this class in TriTech's facility. Prerequisites: Basic Windows and SQL Server knowledge No other deliverables or follow up activities, including creating special material or applications for the Client, are included within the scope of this class. 7.4 Implementation of Inform Mobile 7.4.1 lnfonn Mobile Configuration Workshop The Inform Mobile Configuration Workshop is conducted by a TriTech Business Analyst. Inform Mobile is an Inform CAD-Integrated System, meaning that a significant amount of mobile functionality is dependent upon CAD functions as well as the configuration of the Client's Inform CAD system. Given this interdependency, the Inform Mobile Configuration Workshop generally will follow Inform CAD initial Implementation and Setup. During the Inform Mobile Configuration Workshop, the Business Analyst will give a demonstration of the Mobile product. It is suggested that Client personnel who will be responsible for facilitating Mobile end user training should also take part in the configuration of Mobile. 7.4.1.1 TriTech Responsibilities a) Schedule the Inform Mobile Configuration Workshop meeting in accordance with the Client's availability and the Project Schedule. b) Prepare and distribute the meeting agendas and documents for Client review or completion to all required attendees two weeks prior to each meeting. c) Conduct the meetings based on the distributed agenda. d) Document and assign owners and due dates to any action items and track all action items to closure. e) Prepare and submit a TCR upon completion of the Inform Mobile Configuration Workshop activities, and upon delivery of the trip report to the Client. 7 .4.1.2 Client Responsibilities a) Provide adequate facilities to comfortably hold the Inform Mobile Configuration Workshop to include a computer projector, whiteboards, and adequate seating. Two projectors are preferred. The contents ofthis material are c onfidential and proprietary to TriTech Software Systems and may not be reproduced, published or di sclosed to others without the prior written consent ofTriTech Software Systems. ©2 017 TriTech Software Sys te ms 34 071519 HCBOC Page 455 Project Execution b) Provide communications center representatives authorized to make decisions regarding the interrelationship between Mobile use and dispatcher control functions such as status updates ; traffic stops and the like. c) Provide subject matter experts that can describe operational requirements of field users. d) Provide a subject matter expert for Mobile WAN connectivity, firewall and network configuration and in-vehicle computer hardware. c) Ensure that requested information such as data elements necessary to begin the Subsystem build are provided within a timely manner. f) Participate in the Change Management Process for any requested software changes . g) Review and approve the applicable TCRs. 7.4.2 Inform Mobile Map Data Import The process of Inform Mobile Map Data Map Import converts the Inform CAD streets data into a format that can be used by Mobile. This process also includes adding necessary map layers for the Client. 7.4.3 Inform Mobile Training Inform Mobile Training classes are conducted based on the quantities that are specified in the Purchase Agreement. These classes are conducted on consecutive days, on the weekdays during business hours (Tuesday-Friday, during business hours). Alternate training schedules (multiple classes per day, evening, and weekend classes) will be subject to additional charge. Training classes will only be delivered after the FAT have been completed and the results are documented in a TCR. TriTech trains a small group of the trainers from the Client field users , and that group completes training the balance of the field users. A detailed description of these classes is provided below. 7.4.3.1 TriTech Responsibilities a) Schedule training classes with the Client. b) Conduct training classes as scheduled. c) Prepare and submit a TCR to the Client upon completion of each class or group of consecutive classes. 7.4.3 .2 Client Responsibilities a) Schedule appropriate Client staff to attend scheduled training. b) Provide adequate facilities for the execution of the training to include adequate seating for each workstation and an overhead projector. c) Provide Inform Mobile workstations for each attendee are highly desired. d) Review and approve the applicable TCRs. 7.4.3.3 Inform Mobile Administration Course Mobile Administration training is a hands-on course provided by experienced trainers who have both training and public safety experience. This half (Yi) day course prepares the Mobile Administrator to The contents of thi s material are confidential and proprietary to TriTech Software Systems and may not be reproduced , published or di sclosed to oth ers without the prior wri tt en consent ofTriTech Software Systems. ©2017 TriTech Software Systems 35 071519 HCBOC Page 456 Project Execution configure and maintain the Mobile Server and Mobile Interface(s). The course is designed for up to three students . Access to the Mobile Server and Interface(s) is required. During this process TriTech Business Analyst will instruct the client on installation of Mobile C li ents and aids with installation of up to five (5) Mobile devices. The Client will be responsible for installation of the balance of Mobile devices. The course includes the operation of the Mobile system including customization of specific screen layouts, Active & Waiting Incident Queue, Unit Queue, and agency-specific screens. Training classes will be conducted between Tuesday and Friday. The number of students attending the User Training course will be limited to two (2) students per class. Prerequisites: Knowledge of: 1) HTML/XML, CSS, and JavaScript 2) SQL, especially views, stored procedures, and database schema; and 3) Standard GPS protocol (T AIP and NMEA) 7.4.3.4 Inform Mobile Train-the-Trainer Course Mobile Train-the-Trainer training is a hands-on course provided by experienced trainers who have both training and public safety experience. The course prepares personnel to use Inform Mobile and teach others how to use Inform Mobile. The course can accommodate up to eight (8) students with working and configured Mobile devices. It is desirable that each participant have their own configured Mobile device . The course includes user operation including starting and stopping the application, updates, screen layouts, messaging, status changes, mobile maps, incident assignments and incident updates. Hands-on training and agency scenarios may vary by Agency. The duration of this class is four (4) hours. Training classes will be held between Tuesday, and Friday. The number of students attending the User Training course will be limited to eight (8) students per class. This class will be held at the Client 's site. The Client is responsible for providing adequate training facilities, including a conference room with adequate space and seating/conference table space, white board, projector, and computer projector (capable of 1024x768 resolution). Prerequisites: Completion of a Microsoft Windows Tutorial (this may be waived upon demonstrated ability to work with Windows), typing skills of a minimum of 25 words/minute and Mobile field user experience. 7.5 Implementation of CDP Search CDP Search is implemented through a series of standard steps and process gates. These steps are designed to ensure that the operational needs of the Client are identified, the configurations are verified, and the system is tested to validate the proper functionality of the system prior to deployment. The following sections describe the implementation proces s for IQ Search. 7.5.1 CDP Setup and Conversion Services The historical data import is a process by which TriTech extracts applicable data from TriTech applications and imports that data into CDP Search. The data is then available for search and reporting functionality subject to subscriptions purchased. The data available in IQ Search from the Inform Product Suite is listed in each applications ' JQ Search Field Mapping Guide. The contents of this materi al are confidenti al and proprietary to TriT ec h Softw are Systems and ma y not be reproduce d, publi shed or di sclose d to oth ers without the pri or writt en conse nt ofTriTec h . Software Sy stems. ©201 7 TriT ech So ftwar e Systems 36 071519 HCBOC Page 457 Project Execution 7.5.1.1 TriTech Responsibilities a) Deliver the CDP Search Client Readiness Checklist to Client and review with Client once completed and returned. b) Install and Configure Synchronization. c) Perform historical Bulk Import. d) Configure CDP Search: o Provision Agencies within IQ Search o Provision Administrator Users within IQ Search e) Prepare and submit Task Completion Reports (TCR) to the Client for approval to document delivery of products and services. 7 .5.1.2 Client Responsibilities a) Complete the CDP Search Client Readiness Checklist, return and review with TriTech once completed , address any necessary requirements. b) Provide remote access to TriTech 's implementation team to Client servers. c) Make appropriate Client staff available during the installation to assist TriTech 's implementation team in resol v ing any issues during the process . d) Review and approve the applicable TCRs. 7.5.1.3 CDP Search Acceptance The CDP Search application will be considered Accepted upon completion of the first CDP Search Core End User Training provided by TriTech and the first Subsystem (such as Inform CAD or lnfonn RMS) is contributing Production data to the CDP Search application. 7 .6 Implementation of System Interfaces 7.6.1 lnfonn Standard Interfaces' Requirement Gathering and Configuration The functionality and applicable configuration options for each of the TriTech Standard Interfaces are described in the Interface Functional and Configuration Documents (IFCDs). A TriTech Systems Engineer will review the IFCDs for each of the applicable Standard Interfaces with the Client's subject matter experts detailing the parameters that will be set to meet the functionality for the Interface. This process may be performed for different interfaces at different times. This process will be performed remotely via phone conference. The Client is responsible for engaging the third-party vendors whose systems are being interfaced with, so that an end to end flow of the data is discussed . TriTech Systems Engineer will configure and install the Standard interface s on Client's system hardware. IFCDs are not Client specific documents, and functionality as written is not subject to edits, changes, or approval. Installation and configuration of Standard Interfaces can only be performed by qualified members of Tri Tech System Engineering or Engineering teams, using proprietary tools. Once each of the Standard Interfaces are installed and configured, they can be staged for FT. The contents of thi s material are confidential and proprietary to TriTech Software Systems and may not b e reproduced , published or disclosed to others without the prior written consent ofTriTech Software Systems. ©20 17 TriTech Software Systems 071519 HCBOC Page 458 Project Execution Any changes to the functionality of a Standard Interface from the Purchase Agreement will be subject to additional cost and configuration time. TriTech is not responsible for coordination, management, or covering the cost of any software, work, customization, coding or testing that is required to be performed by the third-party vendors engaged in the implementation of the standard or custom interfaces, unless the work is defined under a subcontract with TriTech within the scope of this Purchase Agreement. Note 1 : Standard Interfaces are developed and enhanced within the TriTech product version process .for TriTech software products (such as Inform RMS). Changes to standard Interfaces will require adherence to the development life cycle therein. Changes to standard Interfaces that are delivered within this life cycle will require the Client's system to be on a compatible version. Note 2: The Client's provision of Interface Functionality for Standard Interfaces is an early Project checkpoint. This information will help the client understand the configuration portion of the IFCD. Note 3: Any changes to the configuration of Standard Interfaces made by the Client makes the Interface non-supportable, and all troubleshooting efforts resulted by such changes will be ~ subject to additional cost. Note 4: The Client is responsible for any services or software needed from such Third-Party Systems to allow for interaction with the Third-Party System or for connecting to TriTech Interfaces Software in the absence of a Third-Party API. TriTech is not responsible for any cost associated for the API, any required third party lab or certification testing, cost associated with required programming or custom work by the third-party vendors, or any license fees that may be required by the third-party vendors. 7 .6.2 NCIC/State Software The functionality and applicable configuration options for each of the TriTech Standard Interfaces are described in the Interface Functional and Configuration Documents (IFCD). A TriTech System s E ngineer will review the IFCDs for each of the applicable Standard Interfaces with the C lient 's subject matter experts detailing the parameters that will be se t to meet the functionality for the Int erface. This process may be performed for different interfaces at different times. This process will be performed remotel y v ia phone conference . The Client is responsib le fo r engaging the third-party vendors whose systems are being interfaced with, so that third party documentation can be prov ided to T riTech in a timely manner. TriTech Systems Engineer will configure and in stall the Standard interfaces on Cli ent 's system hardware. IFCDs are not C lient specific documents , and fun ctionality as written is not subject to edi ts, changes, or approval. T he contents of this m aterial are confide ntial and proprietary to TriTech Software Systems and may n ot b e reproduced, published or disclosed to oth ers without th e prior written consent ofTri Tech Software Systems. ©20 17 TriTech Software Syste ms 38 071519 HCBOC Page 459 Project Execution Installation and configuration of Standard Interfaces can only be performed by qualified members of TriTech System Engineering or Engineering teams, using proprietary tools. Once each of the Standard Interfaces are installed and configured, they can be staged for FT. Any changes to the requirements of the NCIC Interface from the Purchase Agreement will be subject to additional cost and configuration time. 7.6.3 Custom Interfaces' Requirement Gathering and Configuration A TriTech Systems Engineer will review requirements specified by the Purchase Agreement applicable to Custom Interfaces, and lead gathering detailed operational requirements within the scope of the Purchase Agreement. This process may be performed for different interfaces at different times. This process will be performed remotely via phone conference. Once sufficient information has been gathered to describe the operational functionality of the Interface, the • Systems Engineer will create Operational Scenario Documents (OSD) detailing the operation of the Interface. Client's input in detailing all relevant information regarding the operations of these interfaces and interactions with the external systems are essential to timely and accurate development of the OSDs. The completed OSDs will be prov ided for Client's review. This document must be approved by both the Client and TriTech prior to development. The Client will be given a TCR that the document was provided, meets the requirements and has been reviewed with the Client. The Client must review the OSD within 8 days from delivery by TriTech, and provide comments and questions back to TriTech or provide approval if no changes or edits is necessary. The Client is responsible for obtaining the API for each of the third-party vendors that TriTech app lications are interfacing with. The API must be for the version of the third-party software that Tri Tech w ill be interfacing with. The timelines for providing these documents to TriTech is concurrent with development of the OSD, so that any limitations associated with the level of integration with the third-party application can be taken into consideration. Delays in review and approval of the OSDs can impact timely development of the interfaces, and ultimately delay the Go Live of the system. All requirement changes for Custom Interfaces after approval of the OSD shall follow the Change Management process, and may be subject to additional cost and development time. Upon approval of the OSD the custom interfaces are developed by TriTech engineering team. Once developed, these interfaces will be installed on Client equipment and go through testing with the Client and applicable third party vendors who own and administer the vendor side of the interface. The Client is also responsible for coordinating execution of a mutual Non-Disclosure Agreement (NDA) between the third-party vendors and TriTech before any technical information or documentation can be exchanged or testing can commence. TriTech is not responsible for coordination, management, or covering the cost of any software, work, customization, coding or testing that is required to be performed by the third-party vendors engaged in the imple mentation of the standard or custom interfaces, unless the work is defined under a subcontract with TriTech within the scope of this Purchase Agreement. The contents of this material are confid ential and proprietary to TriTech Software Systems and may not be reproduced , published or disclosed to others without the prior written consent ofTriTech Software Systems. ©20 17 TriTech Software Systems 39 071519 HCBOC Page 460 Project Execution Note 1: The Client's provision of Interface requirements for each of the Custom Interfaces is an early Project checkpoint. This information is needed to develop the OSDs for Custom Interfaces. Incomplete, inaccurate, or delayed information can have a cascading effect on the Project Schedule, and may result in a significant delay in completion of the project. Note 2: The Client is responsible for providing Application Programming Interface (API) documentation for the Third-Party Systems. The API must document the integration process for the level of interface integration defined by TriTech' s response to the RFP. The Client is responsible for any services or software needed from such Third-Party Systems to allow for integration with the third-party system. Note 3: The scope of functionality for the custom interfaces is limited to 1) the capability of the TriTech System being interfaced and 2) the Application Programming Interface (API) capabilities of the external system being interfaced. :Note 4: High level descriptions of each of the custom interface listed in Appendix B -Custom TriTech Interfaces will become the basis for the scope of detailed requirements, described in the OSD. Any changes in the requirements documented in the System OSDs, post approval of the OSDs are subject to formal Change Order. I Note 5: The Client is responsible for coordinating the development of the vendor side of all interfaces to the third-party applications for the interfaces that the vendor is not a TriTech Subcontractor, based on the Purchase Agreement. Note 6: TriTech is not responsible for any cost associated for the API, any required third party lab or certification testing, cost associated with required programming or custom work by the third- party vendors, or any license fees that may be required by the third-party vendors. 7.6.4 Interface Functional Testing (FT) All Standard and Cu stom Interfaces are subject to Functional Testing (FT). FT for Interfaces are based on a standard set of TriTech FT document s for each interface, as they are applicable to Client's configurations and functionality de scribed in the approved OSD for the interface (if Custom Interface). Thes e tests have a standard format and will be sent to the Client for review prior to conducting the FT. The Client will repeat any failed FT test following the correction of any issues which has caused the test to fail. 7.6 .4.1 TriTech Responsibilities a) Provide the IFCD to the Client for review for each of the Standard Interface s. The co ntents of thi s m aterial are confidential and propri etary to TriTech So ftware Sys tem s and may not b e repro duced, publ ished or di sclosed to others w ithout th e pri o r writte n consent ofTriTech Softw are Sy stems. ©20 17 TriTech Soft ware Systems 40 071519 HCBOC Page 461 Project Execution b) Prepare and submit a TCR to the Client, documenting the delivery of the IFCDs to the Client for Standard Interfaces. c) Install and Configure the Standard Interfaces. d) Gather the operational requirements for each of the Custom Interfaces and develop and OSD. e) Provide the OSD to the Client for review and approval. (for custom interfaces only) f) Prepare and submit a TCR to the C lient, documenting C lient's approval of the OSD for each of the Custom Interfaces. g) Develop the Custom Interfaces based on the approved OSD . h) Install and configure the NCIC/State Software. i) Install and configure the Custom Interfaces. j) Prepare and submit TCRs upon installation of the Interfaces. k) Provide the Ff documents to the Client for review prior to conducting the Ff for each interface. l) Provide a TCR to the Client to approve the receipt of the Ff do cuments. m) Assist the Client in conducting Functional Testing in accordance with FT documents. n) Prepare and Submit a TCR, documenting completion of Ff including any exceptions to FT. o) Resolve FT issues and assist the Client with the re-run tests as required. 7 .6 .4.2 Client Responsibilities a) Participate in the review of the IFCDs and provide the configuration information to TriTech in a timel y manner. b) Provide the infonnation that are necessary for development of the OSD for each Custom Interface. c) Obtain the API for each of the third-party applications that TriTech interfaces with and provide the document to TriTech. d) Review and approve the OSDs based on the required timelines . e) Engage the third-party vendors in the requirement gathering, development, testing and other interface d evelopment activities. f) Review and approve the Ff documents. g) Participate in the Ff. h) Assist TriTech in documenting FT findings and results . i) Review and approve the applicable TCRs. j) Provide test systems ( or pre-Production systems) for all integrations and interfaces. If the client can not provide a test system TriTech must test using the production system. This testing includes, but it not limited to, test data entry in a production system. The contents of thi s material are confidential and proprietary to TriTech Software Systems and may not be reproduced , published or disclosed to others without the prior written consent ofTriTech Software Systems. ©2 017 TriTech Software Systems 071519 HCBOC Page 462 Project Execution 7.7 System and Subsystem Go Live The "cut over" of each of the Inform CAD and Inform RMS Subsystems, and their Interfaces into the production environment is a highly orchestrated activity that will require resources from both the Client and TriTech teams. It is required that Inform RMS Client and Web U1 Subsystems are taken into production at the same time. 7.7.1 Go Live Once end-user training has been completed and the Inform Subsystem is ready to be placed into production, TriTech will assist the Client in placing the system into operation. In preparation for Go Live, TriTech will assist the Client in cleaning the training data from the Inform Subsystem(s). TriTech will provide the Client with a standard Go Live authorization letter that must be approved by the Client no later than 2 weeks prior to Go Live. This letter will list all the Subsystems that are scheduled for the Go Live, and any exceptions to Go Live applications. It also memorializes the date and time of Go Live, as well as the Client's confirmation that the System and staff are ready for Go Live. At Go Live , the TriTech and Client implementation teams will support the users in the transition to the new System. Any issues are logged and resolved through TriTech Technical Services. The duration of the Go Live support for the Inform Subsystems for this project will be provided as sold in the Purchase Agreement and outlined below. This includes pre and post go live support. The Project Manager will be an active participant in the Go Live process. Go Lives are conducted on consecutive weekdays (Monday-Friday). Go Lives that require TriTech support that begins before or extends beyond weekdays will be subject to additional charge. The breakdown of onsite Go Live Services is as follows: Inform CAD, Mobile, and Inform CAD Interfaces: 2 people for 2 days cov ering 24 hour shifts 7 .7.1.1 TriTech Responsibilities a) Prepare and submit a Go Live authorization letter to the Client. b) Identify the participants for the Go Live in accordance with the terms of the Purchase Agreement. c) Have specified personnel onsite in advance of the Go Live date to begin the final inspection of the Client's system as part of the Go Live preparations. d) Be on-site to assist the Client in placing the system into production status. e) Assi st Client staff in using the system and assist the computer operations staff in s upporting the system. f) Provide System monitoring following the actual System cut over as specified within the Purchase Agreement. g) Prepare and submit a TCR. 7. 7 .1.2 Client Responsibilities a) Complete Inform Subsystem roll out to support the Go Live date. b) Review and approve the Go Live authorization letter no later than 3 weeks prior to each scheduled Go Live. The conte nts of thi s materia l are confid ential and proprietary to TriTech Software S ys tem s and ma y not be reproduced , published or dis cl osed to oth ers without the pri or written consent ofTriTech Software Systems. ©201 7 TriTech Software Sys te ms 42 071519 HCBOC Page 463 System Acceptance c) Complete all relevant end user training to support the Go Live of the Subsystems. d) Place the software into production and begin operational use in consultation with TriTech and in accordance with the project schedule. e) Provide adequate persons for the supervision and assisting the end users beyond the participation of the TriTech staff. f) Provide dedicated workstations for TriTech support staff during Go Live support period. g) Provide Client IT support to cover all Client end user and TriTech staff hours of operation. h) Develop a process for the reporting and resolution of issues. i) Review and approve the applicable TCR. 8 SYSTEM ACCEPTANCE Each of the Subsystems, including Inform CAD, Inform Mobile are considered Accepted upon the first production use. Following Go Live, the Client must report all issues to TriTech as described in the Software Support Agreement. 9 PROJECT CLOSURE When all project deliverables have been completed (at Go Live), Project Closure activities will take place immediately after Go Live. Support of the System and Subsystems are transitioned to TriTech's Technical Services Group immediately following the Go Live. Any remaining Project related administrative tasks are completed by TriTech and Client. Project documentation is archived and primary Client interaction is officially handed over from the TriTech Project Manager to the TriTech Account Manager. 9.1 .1.1 TriTech Responsibilities a) Provide payment reconciliation, final TCRs and final invoices. b) Transition the TriTech point of contact from the Project Manager to the Account Manager and Technical Support Department. c) Provide continued support based on terms of Purchase Agreement. 9.1.1.2 Client Responsibilities a) Provide approval of Project TCRs within three (3) business days. b) Provide payment reconciliation and payment of final invoices. The contents ohhis material are confidential and proprie tary to TriTech Software Systems and may not be reproduced , publi shed or disclosed to others without the prior written consent ofTri Tech Software Systems. ©2017 TriTech Software Systems 43 071519 HCBOC Page 464 10 APPENDIX A -STANDARD TRITECH INTERFACES 1Note: The scope of functionality for these Standard interfaces is limited to 1) the capability of the TriTech System being interfaced and 2) the capabilities of the external system being interfaced. 'Note: High level descriptions of each of the custom interfaces below will become the basis for the scope of detailed requirements, described in the OSD. Any changes in the requirements documented in the System OSDs, post approval of the OSDs are subject to formal Change Order. Note: The Client is responsible for coordinating the development of the vendor side of all interfaces to the third-party applications for the interfaces that the vendor is not a TriTech Subcontractor, based on the Purchase Agreement. List of Project's Standard Interface: Production Environment: a) One (1) Standard Alphanumeric Paging Interface b) One (1) Standard ANI/ ALI Interface c) One (1) Standard EMD Interface d) One (l) Standard NCIC/State Software e) One (l) Standard Station Alerting Interface Disaster Recovery Environment: a) None contracted Test I Training Environment: a) None contracted 10.1 NCIC State Message Switch The Standard NCIC/State Message Switch Solution includes the following Connections, Transactions, and Query Builder Feature (Optional Purchased Feature): The contents of this material are confidential and proprietary to TriTech Software Systems and may not be reproduced, published or disclosed to othe rs without the prior written consent ofTriT ech Software Systems. ©2017 TriTech Software Systems 44 071519 HCBOC Page 465 Appendix A -Standard TriTech Interfaces 10.1.1 Connections 10.1.1.1 Inform CAD 10.1 .1.1.1 Standard Connections for Inform CAD The following standard connections will be included in the project, subject to applicable access a) State Justice Switch (County Justice Switch in California) for State/1'H..,ETS/NCIC transactions b) Inform CAD Be On the Look Out (BOLO) and Supplemental Infonnation. Access is available through Inform CAD and Mobile for BOLO and Supplemental Information (previous incident-related Person, Vehicle, Firearm and Property queries run from Inform CAD or Inform Mobile) queries. c) Inform RMS System from Infonn CAD (Only if Client bas Inform RMS) d) Inform Jail System from Inform CAD (Only if Client has Inform Jail) 10.1.1.1.2 Custom Connections for Inform CAD Custom connections allow the ability to access additional records management systems, warrant/court systems, or other accessible external databases. Access to custom connections from Inform CAD and/or Inform Mobile will be identified. Custom connections included in this Purchase Agreement: a) No Custom Connections are included as part of this Purchase Agreement 10.1.2 Transactions 10.1.2.1 Standard State/NLETS/NCIC Connection Transactions The following standard transactions will be included in the project, subject to applicable access (State switch access in most States and County access in California). These standard queries can be performed via Infonn CAD PowerLine, Inform CAD Query entry page, Inform Mobile Query entry page, Inform RMS query entry page, and Inform Jail query page (Future Release) a) The following Standard State transactions are supported: The contents of this material are confidential and proprietary to TriTech Software Systems and may not be reproduced, published or di sclosed to others without th e prior written co nsent ofTriTec h Software Systems. ©2017 TriTech Software Systems 45 071519 HCBOC Page 466 Append ix A -Standard TriTech Inte rfaces u .,, . ~ V _.:; .:s~ CATEGORY IIESSAGEKEY 1UIISACTION NMIIE,: . )~gfl'w Person QU Unidemified Person Inquiry Person QM Missing Per.son Inquiry Person zu Unidemified Person Inquzj• (Test) Person ™ Missing Person Inquiry (Test) Person QPO Protection Order Inquiry Person ZWA Wanted Person Inquiiy · All (Test) Person zv..r Wanted Person Inquiry (Test) Vehicle 'Z\T Stolen or Felony Vehicle Inquiry (Test) Article ZS Single Security lnquiiy (Test) Gun zo Gun Inquiry (Test) Vehicle ZB Boat Inquiry (Test) Article ZA Single Article Inquiry (Test) AdminOther Free Form NCIC Transaction Person QWA Wanted Person Inquiry . All Artic le QA Query Stolen Article Vehicle QB Boat Inquiry Gun QG Query Stolen Gun Person QH m Criminal HistoI)' Record Inquzj• Person QR Full ill Criminal History Record Inquiry Article QS Query Stolen Security Vehicle QV Stolen or Felony Vehicle Inquiry Person Q\\' Query Wanted Pers on And Mis sing Person I AdminOther QII Image Inquiry The conte nt s of thi s material are c onfide ntia l and proprietary to T ri T ech Software Sys tem s and may not be reproduced , publi shed o r disc losed to o thers witho ut the prior writte n consent o fTriTec h Software System s. ©20 17 TriTech Soft wa re Syste ms 46 071519 HCBOC Page 467 Appendix A -Standard TriTech Interfaces Article CAQ NLETS Canadian Article File Query Person IAQ NLETS Immigration Alien Query Gun C\VQ NLETS Concealed Weapons Permit Query Person FQ NLEIS Full Crimmal History Query Person IQ NLETS Criminal History Identity Query Vehicle GQ Query Aircraft Registration AdminOtber Free Form NLETS Transaction Vehicle VQ NI.EIS Canadian Vehicle File Query Person WQ NLETS Canadian Person File Query Vehicle XQ NLETS Canadian Vehicle Registration Quel)• AdminOtber TQ ORION File Query Vehicle SQ NLETS Snowmobile Registration Quezy Vehicle BQ Query Boat Registration Person DNQ NLETS Driver History Q~, Br Name Only Person DQG NLETS Regional Driver Record Query Person DQ NI.EIS Dri,rer Record Qner)• Person KQ NLETS Dri\rer History Query Vehicle RNQ ~TS Vehicle Registration Query By Name Only Vehicle RQG ~TS Regional Vehicle Registration Query Vehicle RQ NLEIS Vehicle Registration Query Person UQ NLETS Canadian Driver Record Query AdminOther CPQ Query Corrections Person QM Query Missing Person by Personal Descriptors Vehicle QVEH Vehicle / Part / Pl.ate Inquiry Vehicle JQ Query Aircraft Trading Article QO ORI Inquiry Article Z• ... --~ b) The following responses are supported for parsing local Person and Vehicle state transactions. Parsing of returns is applicable if Client is using Inform RMS and transactions are already defined . o None Note: None of above queries include record entry, modification or update (Cancel, Clear, Locate) transactions. This functionality is available only if Query Builder is purchased and the customer builds the queries or TriTech develops the query. Reference Custom Transactions section. The contents of this material are confidential and proprietary to TriTech Software Systems and may not be reproduced , publishe d or di sclosed to others without the prior written conse nt ofTriTech Software Systems. ©201 7 TriTec h Software Systems 47 071519 HCBOC Page 468 Appendix A -Standard TriTech Interfaces Note: Above queries are included if they can run against Standard Connections, or Custom connections specified by the Purchase Agreement. c) The following queries can be run from any system that is integrated with the TriTech Message Switch (TTMS). o Standard lnfonn CAD Connection Transactions o Inform CAD Be On the Lookout (BOLO) records: • Person by Name or Driver's License Number • Vehicle by License Plate or VIN o Inform CAD Supplemental Information records: • Person by Name or Driver's License Number • Vehicle by License Plate or VIN • Firearm by Serial Number • Property by Serial Number o Standard Inform RMS Connection Queries • Person by Name or Driver's License Number • Vehicle by License Plate or VIN • Article • Location o Standard Inform Jail Connection Queries • Person by Name or Driver's License Number 10.1.2.2 Custom Transactions Custom transactions can be developed or performed via Inform CAD Records Check C lient, Inform RMS Inline transactions, and Inform Mobile Query screens only. For an additional cost, custom PowerLine commands can be dev eloped for these transactions in Inform CAD. Examples of custom transactions include, but are not limited to the following: a) Boat, aircraft, or ATV/snowmobile queries b) Restraining Order or Criminal History queries c) Administrative messages d) Entry Transactions e) Modify Transactions (modify existing records) The contents of this material are confidential and proprietary to TriTech Software Systems and may not be reproduce d , published or disclosed to others without the prior written con sent ofTriTech Software Systems. ©201 7 TriTech Software Syste ms 48 071519 HCBOC Page 469 Appendix B -Custom TriTech In terfaces f) Update Transactions (Clear, Cancel, Locate) g) Queries against records acces sed through custom connections. Custom connections included in thi s Purchase Agreement: a) No Custom Connections are included as part of this Purchase Agreement 11 APPENDIX B -CUSTOM TRITEC H INTERFACES Note: The Client is responsible for providing Application Programming Interface (API) documentation to these Third-Party Systems that document the integration process for the level of interface integration defined by TriTech's response to the RFP. The Client is responsible for any services or software needed from such Third-Party Systems to allow for interaction with the Third-Party System API or for connecting to TriTech Interfaces Software in the absence of a Third-Party API. Note: The scope of functionality for these custom interfaces is limited to 1) the capability of the TriTech System being interfaced and 2) the Application Programming Interface (API) capabilities of the external system being interfaced. Note: High level descriptions of each of the custom interfaces below will become the basis for the scope of detailed requirements , described in the OSD. Any changes in the requirements documented in the System OSDs, post approval of the OSDs are subject to formal Change Order. Note: The Client is responsible for coordinating the development of the vendor side of all interfaces to the third-party applications for the interfaces that the vendor is not a TriTech Subcontractor, based on the Purchase Agreement. List of Project's Custom Interfaces (OSDs to be provided): There are no contracted Custom Interfaces. T he contents of thi s material are confid ential and proprietary to TriTech Software Systems and may not be reproduced , published or disclosed to others without the prior written consent ofTriTech Software Systems. ©2017 TriTech Software Systems 49 071519 HCBOC Page 470 AGENDA ITEM 7 July 15, 2019 APPOINTMENTS NEEDED ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE There are (6) vacancies on this committee. BOARD OF HEAL TH There is (1) vacancy for an engineer position on this board. HARNETT COUNTY REGIONAL JETPORT There is one vacancy for a Harnett County Economic Development Council member. HARNETT COUNTY BOARD OF ADJUSTMENT There is one (1) vacancy for an alternate member representing District 3 on this Board. There is one (1) vacancy for an alternate member representing District 5 on this Board. HISTORIC PROPERTIES COMMISSION There is (1) vacancy for District 3 and (1) vacancy for an alternate on this committee. HOME AND COMMUNITY CARE BLOCK GRANT COMMITTEE There is 1 vacancy on this committee. NURSING HOME COMMUNITY ADVISORY COMMITTEE There is (2) vacancy on this committee. NONPROFIT FUNDING COMMITTEE There is (1) vacancy for a District 4 representative on this committee. SOCIAL SERVICES BOARD Melissa Martin would like to be appointed to serve on this board to fill an expired term The term is effective July 1, 2019 -June 30, 2022. ( enclosed certification & letter). SOUTHEASTERN ECONOMIC DEVELOPMENT COMMISSION There is one vacancy to serve on this board. Page 1 of I 071519 HCBOC Page 471 NC DEPARTMENT OF HEALTH AND HUMAN SERVICES Div ision of Social Se rvices June 13, 2019 Ms. Melissa Martin 788 McCormick Road Sanford, NC 27332 Dear Ms. Martin :: ROY COOPER • Governor MANDY COHEN, MD, MPH • Secretary DREW T. PLEDGER • Chair , Social Services Commission I would like to congratulate you on your appointment to serve as a member of the Harnett County Board of Social Services to fi ll an expired term. Your term is effective July 1 , 2019 and will expire on June 30, 2022. Enclosed is a certificate in recognition of your appointment. On behalf of the members of the Social Services Commission, I wish to express appreciation to you for the interest you have demonstrated in becoming a board member. Your comments and suggestions on matters pertaining to social services are welcomed . A copy of the "Handbook for County Social Services Boards", which outlines key points for board members is enclosed . I feel this information provides you fundamental information to assist you as a board member. Please complete the enclosed Letter of Commitment and return it as soon as possible. You may also want to visit the Institute of Government website at http://ncinfo .iog .unc.edu. Their publication site conta ins a great deal of information about local boards of social services that may be of interest to you . Your willingness to serve is appreciated. CC; Mi chae l Becketts Harnett County DSS Sincerely, Drew T. Pledger /P;&,~) / P.~~~ NC DEPARTMENT OF HEAL TH AND HUMAN SERVICES • DIVISION OF SOCIAL SERVICES • SOCIAL SERVICES COMMISSION LOCATI ON: 820 S . Boylan Avenue , McBryd e Bu ilding , Raleigh, NC 27603 MAILING ADDRESS: 2444 Ma il Service Center, Raleigh , NC 27699-2444 www.ncdhhs.gov • TEL' 919-527-6335 • FAX: 919-334-1018 AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER 071519 HCBOC Page 472 ~mtment nf ~ &, ~~.er(dus ~ncial~.erftic.es arnmmissinn 'll.!,posmg confa!enc.e in your intergrity anti your interest as a pwfic. spiritea citizen, we @ 6y tliese presents rec.ogni-ze tlie appointment of 9defissa 9dartin to tlie ____ %_a_r:_n_et_t ____ Cowity 'lJoari of SocialServices 'Termof offia Ju{y 1, 2019 to ---J'-Htt""'1t-e-3-o,-2~0-#-,<2'--,,<2---- 19{_ 'E')"'E'W'i.PJ{'J:SS 'W!H'E!R..'J',O!F, We /iave liereunto signed our names anti affeµf tliis seal tliis <First tfay of 7u{y in tlie year of our .lord 'Two 'Thousand antf:Niueteen 071519 HCBOC Page 473 Agenda Item _9_--' Board Meeting Agenda Item ~-$ MEETING DATE:~ TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Update on the ongoing Southwest Area Transportation Plan (SW AS) by Capital Area Metropolitan Planning Organization (CAMPO) REQUESTED BY: CAMPO/ Kenneth Withrow and Development Services/ Mark Locklear REQUEST: Capital Area Metropolitan Planning Organization (CAMPO) would like to provide an update on the ongoing Southwest Area Transportation Plan (SWAS). This area plan includes Wake County, Harnett County, Apex, Angier, Holly Springs, Fuquay-Varina, NCDOT and others. The study is evaluating the transportation network, including planned and existing roads, transit services, and bicycle/pedestrian facilities. It will result in project recommendations, concept de signs, school accessibility studies, and best practice recommendations to help integrate growth and transportation needs in the area. No action is needed at this time. C:\User s\gwheeler\AppData\Local\Microsoft\ Windows\INetCache\Content.O utlo ok\TPTEQCL V \SW AS_ CC agenda for rn.do cx Page I of2 071519 HCBOC Page 474 071519 HCBOC Page 475 A.RAMEY KEMP 'VASSOCIATES () Stantec 0 City1. Explained" 071519 HCBOC Page 476 071519 HCBOC Page 477 071519 HCBOC Page 478 r, I "8 !;' 0~ i ~ --:~ " = z~ ; Q. .... .,, . .., ¥ .. J i 0 . lll "' ~ .. ii Q ~ g ~ " ~ (/) A a " 0 ! ~ " (/) i' • i!. ~ . a i' .. i 071519 HCBOC Page 479 071519 HCBOC Page 480 _.,:~ea w • Soolhwd Am, ~WY "?" C DRAPT CIIA.I IIAM COL N'I V HARNETT COUNTY ROADWAY RECOMMENDATIONS •gcnd tlo•dw•y t"'pro,.,,cn,cnu • l.anc.a,c :: 1..,ou u,..,,,..,,..1.1 ---2.-bnr Dn·MIN ----..,----4-1•"" Lli,•o,,k.J --->-b,w ---<>ta.l<'ll,vl,INI @ l11ti..TLh••~ 1mrro~•,.:nl\.nt/~.., .... ln10,:w, •. h111•'8': 071519 HCBOC Page 481 071519 HCBOC Page 482 071519 HCBOC Page 483 :c > " z "' ... ... \ I ~ 071519 HCBOC Page 484 071519 HCBOC Page 485 l.:ltA'I H.'\._\.l cu,:-..TY Lllll (.01.:0,.'l'Y f.TAR'Nt1TT COUNT\' . . ,,@Cu.ry . Legend @Town O Community/Township 49 Park e Community College .t High School i Middle SchoOI .C Elementary School --E:iuating l.ow-Strwss F1te1l1ty - - -Low-Str.H Fac,IJty Recommendation• 1 Cruwdcr County Ptttk .. Lake: Wheeler ~Gu-ncr . -.. ... ... ... , ... ... ... , J..alkeBenso19 ,• 071519 HCBOC Page 486 071519 HCBOC Page 487 071519 HCBOC Page 488 \ ( I' ,) ,j t ~ -----~ \ --~~\\ "-· '\\ -(~ ~ ______ .. , \' ~- ! I 071519 HCBOC Page 489 071519 HCBOC Page 490 ' ) f. l. \ \ \ .,,--\ , . \ ~~,,~·, -....... , I \ 071519 HCBOC Page 491 071519 HCBOC Page 492 071519 HCBOC Page 493 071519 HCBOC Page 494 071519 HCBOC Page 495 Board Meeting Agenda Item Agenda Item 10 MEETING DA TE: July 15, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Text Amendment: Case # PLAN 1906-0002 REQUESTED BY: Development Services/ Mark Locklear REQUEST: Harnett County Unified Development Ordinance Text Amendment Article IV: Zoning & Overlay Dis tricts , Section 14.3.5 Compatibility Design Concept Table Article V: Use Regulations, Section 11.8.3 Planned Unit Development, Design Guidelines Article V : Use Regulations, Section 11.8.1 Planned Unit D evelopment, Superior Design Criteria Article VII: Development Design Guidelines, Section 6.4.1 Fire Protection, General Fire Hydrant Requirements Article VII: Development Design Guidelines, Section 6.4.4 Fire Protection, Residential Sprinklers Article XIV: Definitions and Certifications , Section 2.0 General Definitions & Acronyms Upon guidance from Legal Services, Development Services r equests to remove the requirement option of res idential sprinklers if fire protection cannot be met via adequate water pressure within a water line . Therefore, staff recommends APPROVAL for the requested Tex t Amendment as this i s compatible with Harnett County Comprehensive Growth Plan as well a s the more recent Northwest Area Plan. On June 24th, the Harnett County Planning Board v oted 4-0-1 with one member abstaining, to recommend approval of this of the Text Amendment application based on legal recommendations, as well as understanding the need to adjust minimum lot sizes throughout the County to promote smart growth and proper land u se techniques . The Board went into closed session to discuss matters in more detail with attorney Monica Jackson. No one from the public spoke in opposition. C:\Users\gwheeler\Ap pData\Local\M icrosoft\ Wind ows\lN etCache\Con tent. O utlook\OZMK66X9\S prinkl e r TA_ CC agenda fo rm _7.1 5 .1 9 (002).docx Page l o f 2 071519 HCBOC Page 496 Harnett TEXT AMENDMENT REQUEST FORM (Internal) COUNTY NORTH CAROLINA Development Services 108 E. Front Street P.O. Box 65, Lillington, NC 27546 Phone: (910) 893-7525 Fax: (910) 893-2793 Planning Board: June 24, 2019 County Commissioners: July 15, 2019 Applicant Information: PLAN 1906-0002 Applicant: Name: Harnett County Development Services Address: 108 E Front St City/State/Zip: Lillington NC, 27546 E-mail: Phone: 910-893-7525 Type of Change ~ New Addition ~Revision Unified Development Ordinance: Ordinance Current Text: See attached IV; V; Article: VII; XIV Proposed Text: (Attach additional sheets if necessary) See attached Reason for Requested Change: Section: 14.3.5; 11.8.3 & 11.8.4; 2.0 Due to some recent legal findings, and therefore upon guidance from Harnett County Legal Services Department, Development Services requests to remove the option of residential sprinklers if fire protection cannot be met via adequate water pressure within a water line. The court's position on residential sprinklers also leads staff to remove this option within Planned Unit Developments, which in these cases were implemented as superior design criteria for density bonus incentives. Suggested Statement-of-Consistency: (Staff concludes that ... ) The requested Text Amendment is compatible with the Harnett County Comprehensive Growth Plan as well as the more recent Northwest Area Plan. Therefore, it is recommended that this Text Amendment request be APPROVED . On June 24th, the Harnett County Planning Board voted 4-0-1 with one member abstaining, to recommend approval of this of the Text Amendment application based on legal recomme ndations, as well as understanding the need to adjust minimum lot sizes throughout the County to promote smart growth and proper land use techniques. The Board went into closed session to discuss matters in more detail with attorney Monica Jackson. No one from the public spoke in opposition . Pag e 1 of 1 071519 HCBOC Page 497 ' ADD (red rcxt)/ REMOVE (highlighted text) the following to ... Article IV . Zoning & Overlay Districts 14.3.5 Compatibility D esign Regulations Cl "' ~ ;: Cl ~ i- /, i-0 .3 ft RA-40 Zoning ISO' 35' 2 < >- °' < Ul :,:: 25' 3 Cl c7i °' < °' >-w 7. Cl Ul 6 °' Cl < c7i u >- 10' 20' w ~ o<l V w "' ~ °' I < i-~ V) ~ ?-: o<l °' Ul ~ G t i u ,... G; -z ::< "' ~ ,... .-. ~ cil w Ul °' :; w !;: Cl 0 P' a ::, :, ::, C E: ;:. ~ ,... :::> (/) r;; u (.) 0.. c/) 0% 2:40,000 sq. ft. minimum lots : ; i ( ! "' Cl "' ;! i-~ °' 5 "· UJ 8' 2 P.- Ul 3 :,:: ::,.. '° 2:35,000 sq. ft. minimum lots 150' 35' j~i 10' 20' 0% _ ___,___ ____ --. -- ···----!_______ , ______ _J _______ j _____ . ____ j_ ____ ! ________ J ________ l_-~ ____ ; ________ L ________ _ 100' i 35' ' 25' f 10' ' 20' 10°10 ' ./ i ./ i ! 1 ! ! 2:28,000 sq. ft. minimum lots ! DUSE CLASS : MDR, RC, CMU, EMU 2:21,000 sq . ft. minimum lots 100' i 35' 25' 1 O' 20' 20% j ./ ./ 1 ! ; i j ·······-----------------·---------.----------·--·-----· -·----; _____ ·---+----1 ___ ·---• ___ ,__ ·--c-----1 so· ! 35' I 20· : 10· I 10· 30% : ./ : ./ i -i 2 i 29• : ./ 2:17,500 sq. ft. minimum lots 2:20,000 sq. ft. minimum lots , i , , : j , I : , 0% ' I I ! I 0% ; : :-r-f·---1·--l-----t ! I 10% i ./ i ./ ! T i 1 i -i LAND USE CLASS: MDR, RC, CMU, E MU 2:12,500 sq. ft. minimum lots ____ : ____ : __ ~~ :_,_~:_,_: 1_:~ 20% I -~ ___ ! __ ./ j -------l ----~-l-------L--------··-· 70' l 25' ! 20' ' 10' ! 20' 30% ! ./ ! ./ ' ! 2 i 29' ' ./ , i · I 1 2: 15 ,000 sq. ft . mi n imum lots 80' 35' 25' 10' 20' 0% i i ! , , i j ' ' ; j ; j ·····-·'-··--·-··-.. -~-'---·-·-·-·----i ___________ _ 80' ; 30' i 20' i 10' i 20' 0% ;_; ./ 1 ./ ·,, -! 1 ! ' . ! ! I . .. 10·--l-25' J' 20' :, 10' ! 20' --20% i-./ !--./ \ ---i--2--· 29' i - ! ! l ! I ' >20,000 sq . ft. minimum lots 2:l S,000 sq. ft. m inimum lots 2:12,000 sq . ft. minimum lots LAND USE CLASS: MDR, RC, CMU, EMU 2: lll,<ll ld 9;00{) sq. ft. minimum lots j j i I w t 00! i 70' 20' 15' ' i i---~ --;--w ·---~ _J_ __ .,, L .,4.---i--------J---2 --!-29?---l--:j,----- 5' 15 ' 20% i ./ ./ 2 29' ./ -OPTIONAL ./ REQUIRED 1 PUBLIC WATER OR SEWER 2 PUBLIC WATER AND SEWER 071519 HCBOC Page 498 Article V. Use Regulations 11.8 Planned Unit D evel opments 11.8.3 Design Guidelines A. Minimum Dimensional & Amenity Requirements This Section describes additional regulations that s hall be met for single family, multifamily, and nonresiden tia l uses within planned unit developments. The regulations shall be applied individually b y the desired type of use and density per pod. The developer shall outline which method is intended as part of the application and shall provide a clear intent to sea mless ly integrate differing requirements. 1. Single Family Uses VJ ,., Cil ti u r,1 C/) '-< '-;:2 I 1 z z ~ C/) f-. -1 Cl) ,., I r-1 ,.., ;:-, ~ Ul ~ VJ G eel @ < I z !::.l w ~ 0 w :::i cc <--. ~ Ul I 25 ;, t-Cil Ul ,.., > 0 -1 > ,:G 0 p.. ,... < § :::i < ;j ,... :::i :J 0 r r c.'.) -C/) Os u Os C/) u C/) 2:20,000 sq. ft . minimum lots ·····---····-·-··-·--·······---·------·----··-·----·----•----- 2:18,000 sq. ft. minimum lots 2:15,000 sq. ft . minimum lots 2: 12,000 sq. ft. minimum lots 2:9,000 sq . ft . minimum lots >6,000 sg. ft. HHJttffl:tlffi. lots 11.8.4 Superior Design Criteria F . Public Safety & Service Availability 15% 20% 25% 29' 30% 29' ,/ ,/ ,/ 50' ,/ ,/ ,/ 50' ../ ../ ../ - *As required by th is Ordinance. A v ailability of public services is a major factor in locating developments. For purposes of this i tem, public services may include, but n ot l.itrute d to, the use ofresidefitial s~ltler systems, aBd proximity to fire and emergency medical services, h ospitals, law enforcement services, libraries, and educational facilities. 071519 HCBOC Page 499 Article VII. Developme nt Desig n Guidelines 6 .4 Fire Protection 6.4.1 Ge neral Fire H y drant Requirements Adeguate fire protection shall be provided to all new subdivision developments and nonresidential n ew construction and expansions. \X'here aft sdeguste pttblie water sttpply system is ft"va:ilable , The developer or subdivider shall install fire hyd rants in such a manner that the development is afford ed adegua te fire protec tion-:-ffl' as provided in this Ordinance. T he regulations contain ed herein are intended to facilitate proper mstallation of required fire protection measures. ; ao gttaraatee is made that &re e rojeetioa will be lt\> ailable ttpoa insta:llatioa of im~emeats ifl eomp~ee with this Seetiofl. A. All h ydrants s h all b e Harnett Coun ty P u blic Utilities and Fire Code Official approved, in accordance with th e requirements of this Section. 1. No fire hydrant s h all be installed on less than a 6 inch (6") main. 2. H ydran ts shall have two (2) two and one half inch (2 W') and o ne (1) four and one half inch (4 1/2") connections with threads of th e National P ipe Thread (NPT) type. 3. The upper hydrant operation stem within the bonnet shall be sea le d a nd lu bricated by m ea ns of an oil or grease bath, unless otherwise approved. T he operating n u t shall be pen tagonal type measuring one an d o ne ha lf inch (1 W') from point to flat. H ydrants shall open left. 4. All hydrants s h all be fu rnis h ed with barrel and ste m exte n sions as r eguired for the final fiel d location. Nominal minimum bury will be a depth of three and one hal f (3 1/2) feet. All h ydrants at finish grade shall measure 18 inch es (18") from ground to center of ste amer cap. 5. Water lin es sen-icing fire hydrants shall have at least 500 gallon s of water flow per minute. B. T h e Fire Code Official sh all approve all hydrant types and loc ations in new developments and any alterations to this Ordinance rela ted to fire h ydran t s and fire protection. C. All fire h ydrants s h all be located o n the righ t side of the roadwa y in w hich responding fire apparatus would travel into subdivisions, beginnin g at the m ain entrance to the subdivision. 6 .4.2 ... to remain as is existing within the U.D.O. 6.4.3 ... to remain as is existing within the U.D.O. 6. 4. 4 Re,,·jJe,,;id/ S f!!!!!kle,-.; \X'here ~~isiofts otttlifted abo,e do aot faeilit:ate ad~e ~teetio ft , i.e. 500 g aH o ft s of water fl~et: miattte, for the ptt ~s of this Ordiftaftee, residefttial s~nlders shall be re ~d. Ia stt eh e ases, the Director o f Pttblie Utilities 1tftd Fire Code OHieial may .redttee the reg ttired water l:ifte s~e sfld iRerease flfe hydraftt s ~eiR g. Th~ed ftre £l o w (as defifted b) galloas per mia1:1te) shaH be det:ermitted dttriag the desi:ga of the sys tetfl by a ~ofessioaal ~alified to do stteh worlt. U ~a iflstallatioa of the water s~~ly ifl.frastrtt e tt.tte, the aetttal fire flow shall be detet'ffl:ifted Oft site b Y..!.P.rofessioaal gualified to de sueh -worlt ftflB Fire Ser,iee Persorutel 1:1siflg aft apr,rm, ed method. Article XIV. Definitions and C e rtifications 2.0 G e n e ral Definitions & Acrony m s Residetttial Spfittkler: A .resideatial seri!!_lcl:e r s yste m ia eom ~liaflee witfl Natieasl Fire Proteetio a A ss e eiatiefl (N FPA) BO "Mttlt:i P!!mese System." 071519 HCBOC Page 500 Harnett .. Fi=!:=--,-,-.... --.:'.'1.1 C O U N T Y ------------------------------------~~-~~ NORTH CAROLINA www.harnett.org A RESOLUTION AMENDING THE HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE WHEREAS, the Board of Commissioners of Hamett County adopted the UDO on October 17, 2011 for the purpose of promoting the health , safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. l 53A-340; and WHEREAS, the UDO contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS , the Hamett County Planning Board has reviewed the amendment to the article of the UDO as listed below and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY , NORTH CAROLINA that Hamett County Unified Development Ordinance Article IV: Zoning & Overlay Districts, Section 14.3 .5 Compatibility Design Concept Table; Article V: Use Regulations, Section 11.8.3 Planned Unit Development, Design Guidelines; Article V: Use Regulations, Section 11.8.l Planned Unit Development, Superior Design Criteria; Article VII: Development Design Guidelines, Section 6.4.1 Fire Protection, General Fire Hydrant Requirements ; Article VII: Development Design Guidelines , Section 6.4.4 Fire Protection, Residential Sprinklers; Article XIV: Definitions and Certifications, Section 2.0 General Definitions & Acronyms, of the UDO shall be amended to read as indicated in "Attachment". "Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board 's Office. Duly adopted this 15th day of July, 2019 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS Gordon Springle, Chairman ATTEST: Margaret Regina Wheeler, Clerk to the Board strong roots • new g ro wth 071519 HCBOC Page 501 Article IV. Zoning & Overlay Districts 14.3.5 Compatibility Design Regulations i2 § < ;>, ~ '-~ f- 3 "' CI. RA-40 Zoning C "' ;;; "' ~ w Pl ;;l C u 05 < < "' 0.. ;>, w (/) ~ @ i5 w 9 0 < 0.. (/) u ;>, 0 tfl ~ w \2 f-@ ~ ~ 1fl I ~ ~ "' f-§ u I= f-.,. e: !:l "' Ul ~ ~ ~ :; Ul i ::, ~ Ul ~ ~ ll: I= ,,, Ct "' C ::, ::, < ~ 8:. ::, <fl vi u CJ P-::i P-~ 150' i 35' : 25' ; 10· 1 20· 0 % i -, -1 -I -1 -_______ J _______ ..J ______ i ____ J _______ -----l-----L-.. ___ 1_ .. ________ J _______ .. ____ , _____ _ 150' i 35' I 25' i 10' ! 20' 0% I -I -I 1 ! -; - ~40,000 sq. ft. minimum lots ---~~~,OO~-sq--~~.:=-· _u_r:.:~------------·--100' -~---35' !--25' -: 10' ---~ 20' -10% + ,/ -h-+·--1 ·····+------! - ~28,000 sq. ft minimum lots ! i ' ! I l l i , I I USE CLASS: MDR, RC, CMU, EMU ~21,000 sq. ft. minimum lots 100' i 35' , 25' 1 10' 20' 20% I ,/ ,/ 1 1 , ; ! ! i i i l i ! ! ! I l ! ! j I I --------y-~---------------·----------r----------.----~------r---- 80' i 35' ; 20' i 10' ! 10' 30% ·1 ,/ i ,/ i 2 i 29' i ,/ i i i I • i ! 100' I 35' 1 25' ! 10' I 20' 0% ! j . : i ~30,000 sq. ft. minimum lots i i, I I , , 1· , ; , , fl I i ! ; --·----·----·-··------------------····100, : -35'---:-25' --~-10' -20' ---0% --t·----··i-· _·---i--·-· 1 ----t-----;---- ~25,000 sq. ft. minimum lots I ! ! i j ' I · --·----·--·------------·----·-·------·-------------s0'··-:--·3s;-··+--zo-;--~-1oT"·-l-20·· 10% i ,/ 1 ,/ 1 -··t··-·---;--- :::20,000 sq. ft. minimum lots ! i i i ! 1. ! ! I ! DUSE CLASS: MDR, RC, CMU, EMU ~15,000 sq. ft . minimum lo ts 80' 30' 20' 10' 20 ' 20% ! ' _______ ! ________ 1. ___ j _____ j ___ . __ 70' i 25 ' ' 20' . 10' ' 20 ' 30% ,/ ,/ 1 ! i i ! -1------··-· ------+----i 2 ! 29' ! ,/ I I i ,/ ,/ ?.'. 12,500 sq. ft. minimum lo ts 80' 35' 25' 10' I 20' 0% >20,000 sq. ft. minimum lo ts I ; ; i i i ; ; --··-··---··~-·-·--·--·-------·-·-··------·-----i----·---l----f---i _____ -·---'-----~------t----·-·-L ___ _ > . . 80' ! 30' i 20' i 10' ! 20' 0% i ,/ J ,/ ! 1 ! _ J 5,000 sq. ft. rrurumum lots i ! i I I ! ! ! I -··----------------------------··------·---·-·· ·-70-;-·-i --2s ··-i--20-;··-1--·w--r·20;·---20"/o!-·7···-i ·----,,,---i-··-·2·-···r-29,-·1--·-_:--- ?.'. I 2,000 sq. ft. minimum lots ' ' ; I j I I i USE CLASS: MDR, RC, CMU, EMU 70' 1 20' ! 15' i S' I 15' 20% ---~-1~,~sq. ft. ~um~-----____ _ _____ ! __ __j _____ _L ___ _j ___ ~ ,/ ,/ 2 I 29' ___ _L ____ ........ _ -OPTIONAL ,/ REQUIRED 1 PUBLIC WATER OR SEWER 2 PUBLIC WATER AND SEWER 071519 HCBOC Page 502 Article V. Use Regulations 11.8 Planned Unit Developments 11.8.3 Design Guidelines A. Minimum Dimensional & Amenity Requirements This Section describes additional regulations that shall b e met for single family, multifamily, and nonresidential uses within planned unit developments. The regulation s shall be applied individually by the desired type of use and density p er pod. The developer shall outline which method is intended as part of the application and shall provide a clear intent to seamlessly integrate differing requirem ents. 1. Single Family Uses (./J ti] ti] u c-' u c-' ~ (./J ~ z ~ z f-, ~ ~ I ~ ~ ~ (/) ::.., ::c ti] (./J c-' ~ ~ ~ 0 ;:;i ti] z ti] ~ c-' I ti] ...... ~ 2 ti] ti] p,: 0 ...:i > 0 p., f-< < ~ ;:;i < ~ ;:;i :::> 0 0 c., ..... (/) p.. u p.. (/) u (/) 2:20,000 sq. ft. minimwn lots 10% ----------·------______ __.. _ _. ____ ·-- 2:18,000 sq. ft. minimum lots 15 % ·-------·---·-----·--·-·--··--··--·-----···-·-----·-------------·--·-------··------·---··-·----.. ·-·· 2:15,000 sq. ft. minimum lots 2:12,000 sq. ft . minimum lots 2:9 ,000 sq. ft. minimwn lots 20% 25 % 30% 29' 29' 50' 50' ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ,/ ----------·----------·-·------· ·---------· ------ 11.8.4 Superior Design Criteria F. Public Safety & Service Availability *As required by this Ordinance. Availability of public services is a major factor in locating developments. For purposes of this item, public services may include, but not limited to, the proximity to fire and emergency meclical services, hospital s, law enforcement services, librarie s, and educational facilities. 071519 HCBOC Page 503 Article VII. Development Design Guidelines 6.4 Fire Protection 6.4.1 General Fire Hydrant Requirements Adequate fire protection s hall be provided to all new subdivision developments and nonresidential new construction and expansions. The developer or subdivider shall install fire hydrants in such a manner that the development is afforded adequate fire protection as provided in this Ordinance. The regulations contained herein are intended to facilitate proper installation of required fire protection measures. A. All hydrants shall be Harnett County Public Utilities and Fire Code Official approved, in accordance with the requirements of this Section. 1. No fire hydrant shall be installed on less than a 6 inch (6") main. 2. Hydrants shall have two (2) two and one half inch (2 1/z'') and one (1) four and one half inch (4 1/z'') connections with threads of the National Pipe Thread (NPT) type. 3. The upper hydrant operation stem within the bonnet shall be sealed and lubricated by means of an oil or grease bath, unless otherwise approved. The operating nut shall be pentagonal type measuring one and one half inch (1 1/z'') from point to flat. Hydrants s hall open left. 4. All hydrants shall be furnished with barrel and stem extensions as required for the final field location. Nominal minimum bury will be a depth of three and one half (3 1/2) feet. All hydrants at finish grade shall measure 18 inches (18'') from ground to center of steamer cap. 5. Water lines servicing fire hydrants shall have at least 500 gallons of water flow per minute. B. The Fire Code Official s hall approve all hydrant types and locations in new developments and any alterations to this Ordinance related to fire hydrants and fire protection. C. All fire hydrants shall be located on the right side of the roadway in which responding fire apparatus would travel into subdivisions, beginning at the main entrance to the subdivision. 071519 HCBOC Page 504 Board Meeting Agenda Item Agenda Item 11 MEETING DA TE: July 15, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Harnett Regional Jetport Committee's Recommendation for Terminal Build Elevations Options REQUESTED BY: Barry A. Blevins, General Services Director REQUEST: General Services Director request the Board of Commissioners review and consider the recommendation by the Harnett Regional Jetport Committee who selected Option 1 build elevation as the option that best fits Harnett Regional Jetport's commitment to robust economic growth in Harnett County and as an example of that commitment. When the Board approves an option, the director will forward that decision to the airport consultant & NC Department ofTranspotration Division of Aviation (DOA) to continue terminal development and planning. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\gwheeler\AppData\Loc al\Microsofl\ Windows\lNetCach e\Content.O utlo ok\OZMK66X9\.June 20 19 BOC 1-IRJ committee REPORT 19.06.20.docx Page I of2 071519 HCBOC Page 505 Harnett County Jetport Committee Special Meeting June 12, 2019 Report of Attendance and Key Issues Members Present: Jerry Milton (Chainnan) Danny Honeycutt, Walter Massey, Townsend Quinn, Rhett Raynor, Joseph Tart, Sam Womom Members Absent: Robert Smith Staff: Barry Blevins (Administrator), Coley Price, Anna Peele Special Guest: Commissioner Howard L. Penny, District 3 The committee addressed several issues at this special meeting: 1. Danny Honeycutt voted in as committee Vice Chairman. 2. Committee will seek staggering new members' terms in order to ensure committee continuity at end of terms. Staff will request this effort through the Clerk's office. 3. Commi ttee voted to recommend Option 1 (c urrently called as 'the wolf lodge look') for ex terior elevation of the New Terminal. Staff gave an orientation of economic impact of airport potential and overview of projects under design or planning: Terminal Site Impro vement , Lighting Design Project, Automated Weather Observation System (A WOS) Relocation and Apron Expansion Design. (_p, 2o · 19 Date 071519 HCBOC Page 506 THE WII.SON GROUP LANDSIDB PBRSPBCI1VB NEW TERMINAL -OPnON I APRIL 18, 2019 HARNETI REGIONAL JETPORT TALBERT & BRIGHT 071519 HCBOC Page 507 THE WILSON GROUP AIRSIDB PBRSPBCI1VE NEW TERMINAL. OPTION 1 APRIL 18, 2019 HARNETT REGIONAL JETPORT TALBERT & BRIGHT 071519 HCBOC Page 508 THE WILSON GROUP LANDSIDB PERSPECTIVE NEW TERMINAL-OPnON 2 APRIL 18, 2019 HARNETI REGIONAL JETPORT TALBERT & BRIGHT 071519 HCBOC Page 509 THE WIL50N GROUP AIRSIDE PERSPECTIVE NEW TBRMINAL -OPTION 2 APRll.18, 2019 HARNETT REGIONAL JETPORT TALBERT & BRIGHT 071519 HCBOC Page 510 Agenda Item 12 Designation of Voting Delegate to NCACC Annual Conference I, ________________ , hereby certify that I am the duly designated voting delegate for _____________ County at the 112th Annual Conference of the North Carolina Association of County Commissioners to be held in Guilford County, N.C., on August 22-24, 2019. Signed: ________________ _ Title: ----------------- Article VI, Section 2 of our Constitution provides: "On all question s, including the election of officers, each county represented shall be entitled to one vote, which shall be the majority expression of the delegates of that county. The vote of any county in good standing may be cast by any one of its county commissioners who is present at the time the vote is taken; provided , if no commissioner be present, such vote may be cast by another county official, elected or appointed, who holds elective office or an appointed position in the county whose vote is being cast and who is formally designated by the board of county commissioners. These provisions shall likewise govern district meetings of the Association. A county in good standing is defined as one which has paid the current year's dues." Please return this form to Alisa Cobb by: 12 Noon on Friday, August 16, 2019: NCACC 323 W. Jones Street, Suite 500 Raleigh, NC 27603 Fax: (919) 733-1065 Email: alisa.cobb@ ncacc.org Phone: (919) 715-2685 071519 HCBOC Page 511 Harnett COUNTY NORTH CAROLINA July 09, 2019 Mrs . Paula Stewart Manager, County of Harnett 420 McKinney Parkway Lillington, NC 27546 Dear Mrs. Stewart: Agenda Item _1=3 ___ _ Tax Department www.harnett.org Harnett County Government Complex 305 W. Cornelius Harnett Boulevard Suite 101 Lillington. NC 27546 ph: 910 -893 -7520 fax : 910 -814 -4017 In accordance with North Carolina General Statute 105-373(a), I , S. Keith Faulkner, Tax Administrator for the County of Harnett, make a sworn report showing a list of unpaid taxes , as of June 30, 20 18 , constituting liens on real property and a list of unpaid taxes on personal property not constituting li ens on real property and make settlement for the 2018 taxes. Attached you w ill find the amounts of unpaid taxes on real and personal property. Should you need to discuss t hese reports, please do not hesitate to contact me. Subscribed and sworn to before me this °1 day of <},A}tJ- :).D 19 Enclosures strong root s • new growth 071519 HCBOC Page 512 I . -2018/2019 Annual Settlement 1 Year to Date Total Charges for 2018 Tax Levy Original Billed Amount $ 57,898,804.22 Discovered Levy/Additional Levy $ 540,300.91 Penalties/Fees/Interest 1$ 192,975.63 I Total Charges $ 58,632,080.76 ~--· Total Collections for 2018 Tax Levy $ 57,988,509.81 Releases/ Adjustments $ 388,411.44 Principal amount of uncollected 2018 taxes constituting liens on real property $ 239,569.11 Principal amount of uncollected 2018 taxes personal property $ 15,590.40 Total Credits $ 58,632,080.76 071519 HCBOC Page 513 Date run: 7/2/2019 12:00:48 PM Data as of: 7/1/2019 7:50:19 PM Report Parameters: TR-401 E Net Collections Report NCPTS V4 Date Sent to Finance Start: Min -December 1, 2017 Tax District: HARNETT COUNTY Date Sent to Finance End: Max -June 30, 2019 Abstract Type: BUS,IND,PUB,REl,RMV Levy Type: Interest, LATE LIST PENALTY, TAX Tax Year: 2018 Default Sort-By: Tax Year oi,enirig ;~ · ·. Uncollected as of 12/1/2017 ($) : TAX DISTRICT: HARNETI COUNTY 2018 0.00 Sub. 0.00 TAX DISTRICT: HARNETI COUNTY 2018 0.00 Sub. 0.00 YearFor: 2018,2017,2016,2015,2014,2013,2012,2011, 2010,2009,2008,2007,2006,2005,2004,2003, 2002,2001,2000,1999,1998,1997,1996 Collapse Districts: N Grouping: Tax District,Levy Type ". Orig. Billed ' Amt($} , Abs. Adj ($) ' LEVY TYPE: Interest 0.00 0.00 0.00 0.00 LEVY TYPE: LATE LIST PENAL TY 32,879.18 6,040.27 32,879.18 6,040.27 Bill Releases($) ' . : _-. '! ~ . ~ ,~' : • 0.00 0.00 37.62 37.62 PAGE 1 of2 '? Discovered :· Levy($) Additional Levy($) 0.00 0.00 0.00 0.00 20,137.72 142.28 20,137.72 142.28 >Collection. Fee':''! ,. ,Amt($) . 0.00 0.00 0.00 0.00 139,816.45 139,816.45 46,118.50 46,118.50 0.00 NA 0.00 NA 962.79 2.04% 962.79 2.04% 071519 HCBOC Page 514 ; Opening>· · · Uncollected as . of 12/1/2017 ($) 1 ·:~ o~~:::r ·~. . Abs. Adj($)': BilliReleases ($)" \... .... . ·.,. ~ . . TAX DISTRICT: HARNETI COUNTY LEVY TYPE: TAX 2018 0.00 57,898,804.22 337,778.85 44,554.70 Sub. 0.00 57,898,804.22 337,778.85 44,554.70 Total 0.00 57,931,683.40 343,819.12 44,592.32 Signature (Tax Collector) PAGE2of2 "' Discovered~' 'Levy ($}:, · ----~---Additional Levy($) 160,896.37 379,404.54 160,896.37 379,404.54 181,034.09 379,546.82 :· Collection a::~~~. Amt($) .. 0.00 0.00 0.00 'Amt Collect. ". ($) 57,802,574.86 57,802,574.86 57,988,509.81 254,196.72 0.44 % 254,196.72 0.44% 255,159.51 0.44% 071519 HCBOC Page 515 Date run: 7/2/201912:01:13 PM Data as of: 7/1/2019 7:50:19 PM Report Parameters: Date Sent to Finance Start: Min -December 1, 2017 Tax District: HARNETT COUNTY Levy Type: Interest, LATE LIST PENALTY, TAX Tax Year: 2018 Default Sort-By: Tax Year Opening Uncollected as of 12/1/2017 ($} TAX DISTRICT: HARNETT COUNTY 2018 0.00 Sub. 0.00 : Orig, Billed Amt($) LEVY TYPE: Interest 0.00 0.00 TR-401 E Net Collections Report NCPTS V4 Date Sent to Finance End: Max -June 30, 2019 Abstract Type: REI YearFor: 2018,2017,2016,2015,2014,2013,2012,2011, 2010,2009,2008,2007,2006,2005,2004,2003, 2002,2001,2000,1999,1998,1997,1996 Collapse Districts: N Grouping: Tax District,Levy Type 0.00 0.00 0.00 0.00 :r. Discovered~_:: ·.:Levy{$) l ~ -• . .. . . . . .... ,. . . . · Additional Levy($} 0.00 0.00 0.00 0.00 .•. Collection Fee Amt($) 0.00 0.00 Amt Collect. ($) 132,152.87 132,152.87 TAX DISTRICT: HARNETT COUNTY LEVY TYPE: LATE LIST PENAL TY 2018 0.00 204.11 300.63 2.48 544.32 0.00 445.69 15.37 Sub. 0.00 204.11 300.63 2.48 544.32 0.00 445.69 15.37 PAGE 1 of2 0.00 NA 0.00 NA 15.00 3.26 % 15.00 3.26% 071519 HCBOC Page 516 ~ opening,\" l: , Uncollected'as· ~ of 12/1/2017 . {$):.-' ~,, -~ •"' .. ' ' ..... -l •• 'f • ~ J. \ ~ ::. • • } ~.i' -~~;-. -: ... ~ ... ~ TAX DISTRICT: HARNETI COUNTY 2018 0.00 Sub. 0.00 Total 0.00 Signature (Tax Collector) Bill Releases {$) :. ... ~ i'. . •':' -. •' -• ,, ~, • ~ Orig. Billed ,v-. ~:{:Amt($) Abs'."Adj ($V . . 4 .... ::. :, '. • LEVY TYPE: TAX 52,764,379.11 127,147.59 42,216.59 52,764,379.11 127,147.59 42,216.59 52,764,583.22 127,448.22 42,219.07 PAGE 2 of2 ~Discovered~~~ ~··. LevvC$iJ '. • • ~~ 1 .",-• • I .. ,; ... ': ~ .. • ' ----~----Additional Le:VV ($) 43,859.80 374,999.95 43,859.80 374,999.95 44,404.12 375,015.32 Collection Feet Amt{$) 0.00 0.00 0.00 Amt Collect."· ($) 52,774,320.57 52,774,320.57 52,906,919.13 239,554.11 0.45 % 239,554.11 0.45% 239,569.11 0.45% 071519 HCBOC Page 517 Date run: 7/2/2019 12:01:40 PM Data as of: 7/1/2019 7:50:19 PM Report Parameters: Date Sent to Finance Start: Min -December 1, 2017 Tax District: HARNETI COUNTY Levy Type: Interest, LA TE LIST PENAL TY, TAX Tax Year: 2018 Default Sort-By: Tax Year TR-401 E Net Collections Report NCPTS V4 Date Sent to Finance End: Max -June 30, 2019 Abstract Type: BUS,IND,PUB,RMV Grouping: YearFor: 2018,2017,2016,2015,2014,2013,2012,2011, 2010,2009,2008, 2007,2006,2005,2004,2003, 2002,2001,2000,1999,1998,1997,1996 Tax District,Levy Type Collapse Districts: N . Orig. Billed Amt{$} Abs. Adj ($) · Bill Releases($) Discovered Levy($) ~ Collectio~!f~e: ~ Amt Collect. · · {$} TAX DISTRICT: HARNETT COUNTY LEVY TYPE: Interest 2018 0.00 0.00 0.00 0.00 Sub. 0.00 0.00 0.00 0.00 TAX DISTRICT: HARNETT COUNTY LEVY TYPE: LATE LIST PENALTY 2018 0.00 32,675.07 5,739.64 35.14 Sub. 0.00 32,675.07 5,739.64 35.14 PAGE 1 of2 . : Additional Levy($) 0.00 0.00 0.00 0.00 19,593.40 126.91 19,593.40 126.91 ;·;\. Amt ($)1'·.,.:· •• : .'.· ,;. ·::"'~~.::~/'.{ 0.00 0.00 0.00 0.00 .. ,. 7,663.58 0.00 I NAI 7,663.58 0.00 NA 45,672.81 947.79 2.03 % 45,672.81 947.79 2.03% 071519 HCBOC Page 518 Opening Uncollected as of 12/1/2017 ($) TAX DISTRICT: HARNETI COUNTY 2018 0.00 Sub. 0.00 Total 0.00 Signature (Tax Collector) ·orig. Billed'-· Amt($) 'Abs. Adj($)';_ em Releases CH LEVY TYPE: TAX 5,134,425.11 210,631.26 2,338.11 5, 134,425.11 210,631.26 2,338.11 5,167,100.18 216,370.90 2,373.25 PAGE 2 of2 :goiscovered '?-· -\'-~-. Le_vy ($)' ; ---------------·---: Additional . Levy($) ,,;, -.,<.~~,·...... . ~ 117,036.57 4,404.59 117,036.57 4,404.59 136,629.97 4,531.50 '.;' Collectioi:tFee ~ • ;···~; .. ,.: . ·•a . ··'°··.-• .. F-,,~ >,~· '<o"··, .•.\: ~.'-Am~;~$)."'.} j ,":" " . . .. ' -. . " ~' .._, p •• ~.) .. ' ... -~ 0.00 0.00 0.00 '' Amt Collect ($) . 5,028,254.29 5,028,254.29 5,081,590.68 14,642.61 0.29 % 14,642.61 0.29 % 15,590.40 0.31 % 071519 HCBOC Page 519 Agenda Item _.ll @) Harnett County Veterans Services Activities Reporting Form Month/Year June 2019 Request For Service Tracking Co"espondence Claimant Written Action Taken (Telephone and In-Person) Out Status ---,_ a. 0 en :::, '0 C e I C 0 3 Q) ·; 0 0 0. C LL =s -Q) iv C 0. cf 'C "' II) 11. 0 C Ill C :, 0 .::, .:: ; 0 "' Q. 2 0 Q) C: ca z C :C Q) QI C .:::. E II) 0 .,; .2 f "' II) C 0 (,) C C 'ti ca .:::. "' C 3': 0. Q) i iv .. ca 0~ 0. f 'fli Q) .. ca .. 0 C. ca -~l Cl) = Q) .. 0 Q) Gi Q) (,) 0 QI 3': .. :E .:::. Q) 'ti .:::. E 0 0. :, r. (,) ! ·c: .. > II) DATE NAME Q) ~ • i 5 ~ i -QI 0 0 ~ ~~ 0 Q) :i z w 0 0 0 zm 1 405 30 38 17 110 78 151 10 26 21 49 8 5 1 19 49 2 40 GW-42 VN-52 5 OIF-35 6 K-8 7 PT-11 8 WWll-3 9 10 -11 Amy Noel -12 Harnett County Veterans 13 Officer -14 -Walk In: 187 -15 Walk In Front Desk: 70 -16 Phone Calls: 405 -17 Outreach : 38 Total Co~t:;= 70;/. -18 -19 --Y:1 !.>·-(~L -20 Total 405 30 38 17 110 78 151 10 26 21 49 8 5 ~ 19 49 071519 HCBOC Page 520 Harnett County Department of Public Health Agenda Ite_m __ 1_3 __ Activities Summary July 1, 2018 -June 30, 2019 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun troTAL AVG. Front Desk -Check-in Appointments 964 1197 886 1255 1071 923 1178 1069 1014 1016 1030 973 12576 1048 Health Clinics Adult Women Wellness Clinic 4 3 2 2 4 1 2 2 4 3 1 3 31 2.5833 Care Coordination for Children (CC4C) 241 258 241 150 158 185 210 207 212 193 274 216 2545 212.08 Child Health -Sick Clinic 75 85 87 127 131 118 175 142 165 124 144 104 1477 123.08 Child Health -Well Clinic 77 165 115 104 96 71 71 86 82 87 88 83 1125 93.75 County Employee Health Clinic 138 145 94 145 136 152 190 219 180 133 143 165 1840 153.33 Familv Plannino 157 168 113 177 144 122 175 145 119 155 159 156 1790 149.17 Immunizations 171 265 555 1628 370 184 250 213 189 145 179 190 4339 361 .58 Maternitv (Prenatal Clinic) 227 184 144 166 221 189 237 172 193 206 164 172 2275 189.58 OB Care Management {OBCM} 116 122 113 97 75 68 73 120 123 120 126 149 1302 108.5 Postpartum Home Visits 20 11 11 23 28 18 19 22 27 11 10 12 212 17.667 Refer/Reoeat Pao 0 0 0 0 0 0 0 0 0 0 0 0 0 0 STD Services 112 107 77 99 86 81 101 89 101 107 120 157 1237 103.08 TB Services 178 220 124 153 101 88 124 113 109 108 93 108 1519 126.58 Welcome Baby Home Visits 22 11 12 23 28 19 21 22 27 12 10 12 219 18.25 Total Services 1538 1744 1688 2894 1578 1296 1648 1552 1531 1404 1511 1527 19911 1659.3 Reportable Disease Cases Tuberculosis 1 0 1 0 0 0 0 1 0 0 0 0 3 0 .25 HIV -{Quarterly report} 0 0 0 0 0 0 0 0 0 2 1 0 3 0.25 AIDS -(Quarterly reoort) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 SYPHILIS -(Quarterly reoort) 2 0 0 0 0 0 3 0 1 1 0 0 7 0.5833 OTHER STD's 52 50 32 40 55 21 32 47 76 62 97 72 636 53 Other (salmonella , camoylobacter, etc) 13 1 2 1 1 5 2 2 12 7 2 20 68 5.6667 Total Services 68 51 35 41 56 26 37 50 89 70 99 92 714 59.5 Health Education Outreach 308 479 256 694 556 359 562 517 273 245 569 185 5003 416.92 Laboratory Clients 841 786 505 763 702 649 815 884 758 729 751 780 8963 746.92 Laboratory Tests 1346 1347 941 1340 1247 1103 1347 1325 1230 1241 1349 1369 15185 1265.4 HIV Tests 161 157 90 172 216 114 141 134 139 158 146 187 1815 151.25 WIC Active Participation 2934 3150 3174 2876 2809 2784 2751 2662 2681 2672 2615 31108 2828 Vital Statistics Births In County 49 44 36 55 43 45 43 39 43 49 35 39 520 43.333 Births Out of Countv 111 133 135 144 110 138 113 123 107 106 127 114 1461 121.75 Deaths 57 72 49 68 67 63 59 58 58 67 73 62 753 62.75 Environmental Health # of Improvement Anns Confirmed 17 24 28 23 28 42 71 90 83 70 78 36 590 49.167 Number of Permits Issued 36 41 24 45 31 47 56 50 69 41 69 66 575 47.917 Number of Completions 41 50 19 54 54 16 34 55 35 62 81 65 566 47.167 Number of Existing Permits 52 31 15 35 19 14 34 19 28 21 41 23 332 27.667 Reoair Permits Issued 3 3 3 11 11 2 5 2 11 7 9 6 73 6.0833 Permits Denied 0 0 0 1 1 1 0 0 0 0 0 0 3 0.25 Food and Lodging Establishments lnsoect'd/Reinsoected 55 86 66 84 60 68 91 72 84 84 114 76 940 78.333 Visits / Critical Voliations Verfication 59 51 31 45 23 10 32 27 48 38 56 43 463 38 .583 Private Water Suoolies Aoolications Received 21 17 7 11 10 5 23 13 10 0 7 8 132 11 updated 07/03/2019 071519 HCBOC Page 521 Agenda Item ___ 13 __ _ COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT @ BE iT ORDAINED by the Governing Board of the County of Harnett, North Caroli na, that the foll owing amendment be made to me annual budget ordinance for the fiscal year ending June 30 , 2019. Section 1. To amend the General Fund , Aging , the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1105160 543040 CAP OPERT RENTAL RNTLCMP COMPUTER RENTAL $106 1105160 526010 CAP OPERT MTSUP MAT&SUPPLY OFFICE SUPPLIES $106 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To move funds in the CAP program to cover computer rental costs for the remainder of the FY . APPROVALS: P~--tJ+-c., .)r.+J--> Dept Head (dat e) County Manager (date) c..---,3--,, Section 2. Copies o f this budget amendment sh all be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this ___ day of _______ , 20 _. Margaret Regina Wheeler, Clerk to the Board Gordon Springle , Chairman Board o f Commissioners 071519 HCBOC Page 522 COUNTY OF HARNETT BUDGET ORD INANCE AMENDMENT BE IT ORDAI N ED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be mode to the annual budget ordinance for the fiscal year ending June 30, 2019. Section 1. To amend the Solid Waste Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 6607410 544080 RECYCLING & WASTE $73,583 6607410 52 4020 M & R SUPPLIES -EQUIPMENT $60,000 6607410 535010 R & M -BUILDINGS $28 ,227 6607410 539090 OTHER SERVICES $560 66074 10 524040 M & R SUPPLIES -LANDFILL $59 6607410 533010 ELECTRICITY $4 ,300 6607410 535030 R & M -VEHICLES $3,000 6607410 532050 POSTAGE $60 6607410 519090 OTHER $1,092 6607410 504010 EXPENSE ALLOWANCE $1,402 6607410 523050 PLAN TS, SEEDS & FERTILIZER $3,000 6607410 521030 UNIFORMS $3,132 66074 10 519040 ENGINEERING $3,622 66074 10 534010 PRINTING $4,525 6607410 537010 ADVERTISING $5,000 6607410 555000 CAPITAL OUTLAY-EQUIPMENT $30.737 6607410 544000 CONTRACTED SERVICES $1 17,279 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION : TO ADJUST BUDGET TO REFLECT ACTIVITY APPROVALS : ~ 6 /_.:. ,-10-19 Dept Head (dote) P4-,....L.dL-i:h: + ,,I.,_ County Manager (dote) 1 3 '---, 1~ Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Boord. and to the Budget Officer and t he Finance Officer for their direction. Adopted this ___ day of _______ , 20 _. Margaret Regino Wheeler, Clerk to the Boord Gordon Springle. Chairman Boord of Commissioners \0\ \ 071519 HCBOC Page 523 COUNTY OF HARNETT 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 Ha rn ett County WIOA Program Fund , the appropriations are to be changed as follows: EXPENDITURE ORG OBJECT PROJECT TASK SUB-TASK JOB 2404972 539090 SMYI N OPERT PAR TI CEXPE SUPPORTSVC 2404972 539090 SMYIN OPERT PARTICEXP E PARTICOST 2404972 539090 SMYOT OPERT PARTICEXPE SUPPORTSVC 2404972 539090 SMYOT OPER T PARTICEXPE PARTICOST REVENUE ORG OBJECT PROJECT TASK SUB -TASK JOB EXPLANATION : To move funds to accommodate program needs. APPROVALS: Section 2. Copies of this budget amendment shall be furnished to th Officer and the Finance Officer for t heir direction. Adopted this ___ day of _______ , 20 _. Margaret Regino Wheel er, Clerk to t he Board AMOUNT DESCRIPTION OF CODE INCREASE DECREASE OTHER SERVICES $4 00 OTHER SERVICES $400 OTHER SERVICES $1,000 OTHER SERVICES $1 ,000 AMOUNT DESCRIPTION OF CODE INCREASE DECREASE fa.+ .,.,L --y< ~-k--, ,--- County Manager (date) ~--, s-,c; C le rk to the Boord, and to the Budget Gordon Springle, Chairman Board o f Commi ssioners 071519 HCBOC Page 524 COU NTY OF HAR NETT BUDGET ORD INANCE AMENDMEN T BE IT O RDAINED by the Governing Boord of the County of Harnett. North Carolina. that the following amendment be mode to the annual budget ordinance for the fiscal year ending June 30, 2019. Section 1. To amend the Harnett County WIOA Program Fund , the appropriations are to be changed as follows: EXPEND ITURE AMOUNT ORG OBJECT PROJECT TASK SUB -TASK JOB DESCR IPTION OF C ODE INCREASE DECREASE 2404972 50 4010 SMYIN OPERT PART ICEXPE PARTICT RAV EXPENSE ALLOWANCE $900 2404972 531050 SMYIN OPERT PARTICEXPE TRAINITA TRAINING-REG ISTRATION $900 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB -TAS K JOB DESCRIPTION Of CODE INCREASE DECREASE EXPLANATION : To move fund s to accommodate p rogram needs. APPROVALS : IOi County Manager (date) Section 2. Copies of this budget amendment shall be fur · ed to the Clerk o the Board, and to the Budget G.~Jo--,; Officer and the Finance Officer for their direction. Adopted this ___ day of _______ , 20 _. Margaret Regina Wheeler. Clerk to the Board Gordon Spring le, Chairman Board o f Commissioners 071519 HCBOC Page 525 COUNTY OF HARNETT BUDGET ORD INANCE AMENDMENT BE IT ORDAINED by the Governing Boord of the Counly of Harnett. North Carolina. lhot the following omendment be mode to the annual budget ordinonce for the fiscal year ending June 30, 2019. Section 1. To amend the Harnett County WIOA Program Fund , the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB~TASK JOB DESCRIP TION OF CODE INCREASE DECREASE 2404970 539090 HCADT OPERT PARTICEXPE PARTICCOST OTHER SERVICES $85 2404970 502090 HCADT PERSN PARTICSA PAIDWEXP SALAR IES & WAGES-CONTRACT $82 2404970 5050 10 HCADT PERSN PBENE PARTICFICA FICA WH $2 2404970 507030 HCADT PERSN PBENE PARTIWCOMP WORKER'S COMPENSATION $1 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION : To move funds to accommodate program needs. IV r-Jl.._.,':._:-'V _..!.....l..-=-1-~~~::!.....l:!:::S.....,,,.,....L_I(..__}-' Section 2. Copies of this budget amendment shall be furnished lo the Clerk to I e Board, and to the Budget Officer and the Finance Officer for their direction. fv,,-d-o-1 '1 Adopted this ___ day of ________ , 20 __ . Margaret Regina Wheeler. Clerk to the Board Gordon Springle. Chairman Board of Commissioners so~, 071519 HCBOC Page 526 COUNTY OF HARNm BUDGET ORDINANCE AM ENDME NT BE IT ORDAINED by t he Governing Boord of t he County of Harne tt, North Carolina, t hat the following amendment b e made to t he annual budge t ord inance for the fiscal year e nding June 30, 2019 . Section 1. To amend the General Fund. Airport , the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1104650 5290 90 Emeraencv Suoolv $202 11 04 650 539090 Other Sunnlies $400 1104650 524020 M &R Ea uioment $602 REVENUE AMOUNT ORG OBJECT PROJ ECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To fund new account lines for the remainder of the fiscal year. APPROVA LS: Adopted this ___ day of _______ . 20 __ . Marga ret Re gina Wh e e ler, Clerk to t he Board Gordo n Spri ngle. Chairman Board o f Comm iss ioners 071519 HCBOC Page 527 COUNTY OF HARNm BUDGET ORDI NANCE AME NDMENT BE IT ORDAINED by t he Governing Board of the County of Harnett . North Caro lina. t hat the following amendment be m ade to the annual budge t ordinanc e for th e fiscal ye ar ending June 30, 2019. Section 1. To amend the General Fund , Animal Control , the appropriatio ns ore to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 11045 10 526010 Office Sunnlv $106 11 045 10 5430 10 Rental -C o oier $106 11045 10 53 1050 Trainina Reaistration 1 2 12 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To fund accounts llnes for the remainder of the fiscal year. APPROVALS: Adopted this ___ day of _______ . 20 _. Margaret Regina Wheele r, C le rk to th e Boord Gord o n Springle , C hairma n Bo ard o f Commissioners 071519 HCBOC Page 528 COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Boord of the County of Hornett. North Carolina. that the following amendment be mode to the annual budget ordinance for the fiscal year ending June 30, 2019. Section 1. To amend the General Fund, Animal Shetter • the appropri ations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1104512 524030 M&R Suoolies -Info Tech $887 1104512 533030 Water $300 11045 10 533060 Sewer $400 1104510 523040 Medical Su oolies $1 ,000 1104510 523070 Animal Serv ic es Suoolies $587 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE EXPLANATION: To fund accounts llnes for the remainder of the fiscal year. APPROVALS : ~~/(#/*/; ~Dept Head (dote) Sec tion 2. Copies of this budget amendment shall b e fu rnished to the Cler1( to the Boord. a nd to the Budget Officer and the Finance Officer for their direction. Adopted this ___ day of _______ . 20 _. Margaret Regino Wheeler, Clerk to th e Boord Gordon Springle. Chairman Board of Commissioners DECREASE 071519 HCBOC Page 529 COUNTY OF HARNm BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Boo rd of the County of Harnett. North Carolina. that the following amendment be mode to the onnuol budget ordinance for the fisca l year e nding June 30, 2019. Section 1. To amend the General Fund, General Services . the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1104210 521030 Uniforms $..11 1104210 532050 Postage $20 1104210 532010 Teleohone $20 1104210 526010 Office Suoolies $.11 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To fund accounts lines for the remainder of the fiscal year. APPROVALS : Adopted this ___ day of -------. 20 _. Margaret Regina Wheeler. Clerk to the Boord Gordon Springle. Chairman Board of Commissioners 071519 HCBOC Page 530 COUNTY OF HARNETT 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 fi scal year ending June 30, 2019. Section 1. To amend the General Fund, Transportation General . the appropriations are to be changed as EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1104610 525010 Fuel $11,013 1104610 525090 Vehicle Suooly Other $761 1104610 526010 Office Suooly $2,500 1104610 531 030 Lodging $2,013 1104610 531050 Reaistration $1 ,000 1104610 532010 Telephone $500 1104610 535030 R&MAuto $5.761 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION : To rund accounts lines ror the remainder of the fiscal year. APPROVALS : Adopted this ___ day of _______ . 20 _. Margaret Regina Wh eeler. C lerk lo the Board Gordon Springle, Chairman Board o f Commissioners 071519 HCBOC Page 531