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Home My WebLink About061719mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting June 17, 2019 The Harnett 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: Gordon Springle, Chairman Howard Penny, Vice Chairman Barbara McKoy, Commissioner Joe Miller, Commissioner Member absent: District 2 Commissioner Staff present: 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. 1. 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 Postage Food Postage Office Supplies Postage 245,584 increase 245,584 increase 100 decrease 100 increase 150 decrease 150 increase 150 decrease June 17, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 13 24 Department of Aging continued Code 1105160 531030 Travel 1105160 522010 Food 1105160 526010 Office Supplies 75 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 Transfer to Boone Trail CP Fund Balance Appropriated Ad Valorem — Motor Vehicle Ad Valorem — Motor Vehicle Ad Valorem — Motor Vehicle Ad Valorem — Motor Vehicle Ad Valorem — Motor Vehicle Ad Valorem — Motor Vehicle Ad Valorem — Motor Vehicle Ad Valorem — Motor Vehicle Ad Valorem Taxes — DMV Sales & Use Tax Sales & Use Tax Sales & Use Tax Sales & Use Tax Sales & Use Tax Sales & Use Tax Sales & Use Tax Sales & Use Tax Sales & Use Tax Sales & Use Tax Sales & Use Tax Sales & Use Tax Sales & Use Tax Sales & Use Tax Sales & Use Tax Sales & Use Tax Sales & Use Tax Sales & Use Tax Sales & Use Tax Sales & Use Tax NC Sales Tax Special 150 increase 200 decrease 200 increase 239,000 increase 239,000 increase 8,749 increase 376 increase 796 increase 10,780 increase 3,243 increase 52 increase 4,848 increase 745 increase 29,589 increase 946 increase 12,006 increase 10,807 increase 7,987 increase 3,633 increase 60,700 increase 5,732 increase 1,043 increase 277 increase 13,883 increase 4,787 increase 6,128 increase 2,462 increase 9,309 increase 320 increase 135 increase 1,201 increase 2,018 increase 61 increase 499 increase 143,934 increase June 17, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 13 150 Public Safety Code 21081120 567100 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 AMPI-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 637 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 Page 3 of 13 276 CTPAD — Transportation Code 1104630 537010 Advertising 100 increase 1104630 544000 Contracted Services 1,244 increase 1104630 544000 Contracted Services — Misc. 72 increase 1104630 526010 Materials & Supplies 2,191 increase 1104630 531020 Travel Subsistence 500 increase 1104630 533010 Electricity 500 increase 1104630 533060 Sewer 25 increase 1104630 533050 Water 50 increase 1104630 503030 Supplemental Retirement 252 decrease 1104630 505050 Regular Retirement 1,020 decrease 1104630 506020 Dental Insurance 186 decrease 1104630 506010 Group Insurance Expense 1,639 decrease 1104630 507070 OPEB 19 decrease 1104630 505010 FICA 1,006 decrease 1104630 507010 Unemployment Benefits 64 decrease 1104630 507030 Worker's Compensation 443 decrease 1104630 502050 Longevity 4 increase 1104630 502010 Salaries & Wages — Full Time 13,149 decrease 1104630 390510 Local Funding Source 27,846 increase 1104630 330310 State Funding Source 40,938 decrease 291 General Fund Code 1109800 598400 Interfund Transfer — Capital Project 1109800 599000 Contingency 292 Economic Development Capital Project — Brightwater Phase II Code 4404930 552000 Construction 4403900 390981 Interfund Transfer — General Fund 61,051 increase 61,051 decrease 61,051 increase 61,051 increase 340 HC Workforce Development Code 2404970 502050 Longevity 10 decrease 2404970 507030 Worker's Compensation 125 decrease 2404970 504010 Travel Adm. 440 decrease 2404970 533010 Utilities 79 decrease 2404970 544000 Contracted Services 300 decrease 2404970 532010 Telephone & Postage 400 decrease 2404970 549085 Indirect Cost 116 decrease 2404970 526010 Materials & Supplies 3 increase 2404970 539090 Part Cost 612 increase 2404970 504010 Part Travel 2,306 increase 2404970539090 Support Svc 264 increase 2404970 531050 Auth. 2,000 increase 2404970 531090 ITA 1,078 increase 2404970 502090 PDWEP 3,898 increase 2404970 330210 Fed HDW 8,691 increase June 17, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 4of13 1025 Youth Services Code 1105870 502010 Salaries & Wages Full Time 341 decrease 1105870 502020 Salaries & Wages Part Time 2,560 decrease 1105870 502050 Longevity 455 increase 1105870 203030 Supplemental Retirement 297 increase 1105870 505010 FICA 135 decrease 1105870 505050 Regular Retirement 1,579 increase 1105870 506010 Group Insurance 906 increase 1105870 506020 Dental Insurance 12 decrease 1105870 507010 Unemployment 317 decrease 1105870 507030 Worker's Compensation 804 decrease 1105870 507050 Employee Clinic 8 increase 1105870 507070 OPEB 125 increase 1105870 544000 Contracted Services 50 increase 1105870 526010 Materials & Supplies 67 increase 1031 Cooperative Extension Code 1104995 528010 1103900 390990 4-H Program Appropriated Funds 3. Tax rebates, refunds and releases 5,000 increase 5,000 increase 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 Harnett 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, 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. This renewal covers the period from July 1, 2019 to June 30, 2020. June 17, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 5of13 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 Harnett 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 17 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 6of13 17. Harnett 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. Harnett 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. Harnett 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 Harnett Regional Water during storm events. (Attachment 9) 20. Harnett County General Services requested award of bid for the County of Harnett HVAC 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. Harnett County General Services requested award 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 Commissioner Abe Elmore For His Dedicated Service to Harnett County and Its Citizens. Commissioners also presented the family with a Harnett 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 Assistant County Manager Coley Price and Lillington Town Manager Joseph Jeffries are currently working on this issue. June 17, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 7 of 13 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 Smirnov was reappointed to serve on this authority for an additional three-year term expiring June 30, 2022. Harnett 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 8of13 652 General Fund continued Code 1104290 502010 1104310 502010 1104330 502010 1104350 502010 1104370 502010 1104390 502010 1104570 502010 1104410 502010 1104450 502010 1104510 502010 1104512 502010 1104710 502010 1104930 502010 1105160 502010 1105160 502010 1105160 502010 1105110 502010 1105310 502010 1105810 50010 1106170 502010 1106110 502010 1103800 380850 1103900 390990 Explanation: To budget appropriate Fund Balanc 654 Public Utilities Code 6107111 502010 6107113 502010 6107115 502010 6107117 502010 6107119 502010 6107121 502010 6103800 380850 Explanation: To budget 657 Public Safety Code 2108309 380850 2108309 380850 Explanation: To budget 663 Employee Clinic Code 8309302 502010 8303800 380850 Explanation: To budget GIS Salaries & Wages Sheriff Salaries & Wages Campbell Deputies Salaries & Wages SRO Salaries & Wages Child Support Enforcement Salaries Jail Salaries & Wages Sheriff Communications Salaries Emergency Services Salaries & Wages Emergency Medical Services Salaries Animal Control Salaries & Wages Animal Shelter Salaries & Wages Soil & Water Salaries & Wages Economic Development Salaries & Wages Department on Aging Salaries & Wages Family Caregiver Support Salaries CAP Salaries & Wages Health Salaries & Wages Social Services Salaries & Wages Veterans Services Salaries & Wages Library Salaries & Wages Parks & Recreation Salaries & Wages 601 increase 72,054 increase 1,181 increase 16,243 increase 2,215 increase 254 increase 10,229 increase 27,244 increase 250,000 increase 1,381 increase 406 increase 416 increase 511 increase 1,365 increase 276 increase 1,551 increase 26,955 increase 75,924 increase 2,564 increase 506 increase 1,070 increase Insurance Settlement 337,312 increase Fund Balance Appropriated 185,537 increase Salaries & Fringes associated with Hurricane Florence. Also to e to cover staff shortages due to turnover. Public Utilities Salaries & Wages Public Utilities Treatment Salaries Public Utilities Wastewater Treatment Public Utilities South Harnett Salaries Public Utilities Distribution Salaries 8,086 increase 23,207 increase 17,681 increase 19,166 increase 29,010 increase Public Utilities Collections Salaries 22,047 increase Insurance Settlement 119,197 increase Salaries & Fringes associated with Hurricane Florence. Governor's Highway Safety Salaries 332 increase Insurance Settlement 332 increase Salaries & Fringes associated with Hurricane Florence Employees Clinic Salaries & Wages 1,233 increase Insurance Settlement 1,233 increase Salaries & Fringes associated with Hurricane Florence June 17, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 9 of 13 670 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 Treyburn 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: Expenditure chanes: 5/29/2019 6/17/2019 Difference Overall expenditure change $126,346,773 $126,763,254 $416,481 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) $ 24,282,292 $ 24,680,603 $ 398,311 June 17, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 10 of 13 Expenditure changes: 5/29/2019 6/17/2019 Difference Interfund Transfers - 3 months of funding for $ $ $ the Assistant District Attorney position 15,196,110 15,214,280 18,170 $1,021,528 to hold them harmless (from $ $ $ lottery funds) 21,036,101 20,959,080 416,481 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 Assistant 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 methodologies of balancing their budgets and staff feels comfortable doing 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 District 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 Personnel 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 Harnett 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 McKoy seconded the motion that passed 3 — 1 with Commissioner Miller opposing. June 17, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 11 of 13 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, Harnett 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 (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. 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 Harnett 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 Harnett County Republican Party's selection of Mark Johnson of Dunn as the new 2' 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 passed 4 - 0. June 17, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 12 of 13 Following 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. Gor s on Springle C ': irman heeler, Clerk June 17, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 13 of 13 ATTACHMENT 1 A RESOLUTION TO HONOR COMMISSIONER ABE ELMORE FOR HIS DEDICATED SERVICE TO HARNETT COUNTY AND ITS CITIZENS WHEREAS, William Pernon "Abe" Elmore was born in Sampson County on October 8, 1932, the son of Pernon 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 1955 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, Harnett 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; as Mayor of Dunn from 1971 to 1983 and from 1995 to 1999; and as a Harnett County Commissioner from 2014 until 2019, representing District 2; and WHEREAS, Abe was a tireless champion for the City of Dunn and Harnett 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 was 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 WHEREAS, Abe received numerous recognitions and honors throughout his life including the Charlie Taylor award from the N.C. Technical Development Authority in 1990, the Order of the Long Leaf Pine in 1990, 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 2018 from the Mid -Carolina Council of Governments; and he was named Dunn Man of the Year in 1966 and 2008; and WHEREAS, Abe was elected to two terms as a Harnett 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 small 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 Harnett County and beyond; and WHEREAS, even more important to Abe than his many civic, political and business accomplishments was his family — he married Jackie Campbell on Christmas Day, 1953, and the couple had four children, 10 grandchildren and 20 great-grandchildren (with number 21 on the way); and WHEREAS, Harnett 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 Harnett 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 betterment of Harnett 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 17" day of June 2019. Harnett County Board of Commissioners Barbara McKoy H war : ' envy, Vice Chairman Joe Miller ATTACHMENT 2 RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS TO CONVEY COUNTY OWNED REAL PROPERTY TO ERWIN MEMORIAL PARK, INC. THAT WHEREAS, ERWIN MEMORIAL PARK, INC. is a non-profit corporation created under the laws 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 Harnett County; and WHEREAS, Harnett 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 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, Harnett County Registry. The above described 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; and WHEREAS, Erwin Memorial Park, Inc. has made a request to the Harnett County Board of Commissioners for assistance in fulfilling its public purpose for the citizens of Harnett County; that the County Board of Commissioners recognizes Erwin Memorial Park, Inc.'s long and distinguished service; and WHEREAS, the Harnett 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 purpose. NOW, THEREFORE, the Harnett County Board of Commissioners hereby resolves the following: 1. That the Harnett County Board of Commissioners hereby 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 Harnett County Board of Commissioners is hereby authorized to convey by Special Warranty Deed with conditions to Erwin Memorial Park, Inc., a N.C. non-profit corporation, Harnett County's title interest in that vacant real property lot previously described in this Resolution in exchange for no monetary consideration. 3. That pursuant to N.C. General Statutes §160A-279 and §160A-267, a notice summarizing the contents of this Resolution shall be published once with the conveyance to be consummated no sooner than 10 days after the notice publication date. This Resolution is duly adopted at the regular meeting for the Harnett County Board of Commissioners on Monday lot<17, 2019. 3.kne ATTESTED: HARNETT COUNTY BOARD OF COMMISSIONERS arg. 'et Regina eeler Count Board Cle ATTACHMENT 3 JOINT RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS AND THE CITY OF DUNN COUNCILTO SELL REAL PROPERTY THAT WHEREAS, Harnett 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, Harnett County, NC 28334. This tract was conveyed to Harnett County and the City of Dunn in that Deed recorded in Book 1247, Page 332, Harnett County Registry with Parcel ID No. 02151608470027; and WHEREAS, the Trustees of the Harnett Chapel Freewill Baptist Church (Harnett Chapel) have made an offer to Harnett 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 Harnett 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 Harnett Chapel pay a 5% deposit ($267.50) and that the further requirements of N.C. Gen. Stat. §160A-269 are met. NOW THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners and the City of Dunn Council pursuant to the provisions of N.C. Gen. Stat. § 160A-269 do hereby propose to accept the offer by the Trustees of the Harnett 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. ATTEST: HARNETT COUNTY BOARD OF COMMISSIONERS By: arg Clerk t Regina eler the Board Go • on Springle, C Adopted this the (n day of June, 2019. .`` O.. '", ' OGyZ : BY: GO ATF CITY OF DUNN COUNCIL ATTEST: eh. .mug) SEAL ,;hCAa;:�`� 5th Tari\my Willi Clerk to the Council scar N. Harris, yor ATTACHMENT 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. Duly adopted this )7 ' day of TA ATTEST: Ci Ak to th, Board 20 19. HARNETT COUNTY BOARD OF COMMISSIONERS PERMIT TO PURCHASE/RECIE VE A HANDGUN State of North Carolina 201906040001 Permit Number c 0 0 a a Y co 0 0 a a co 0 0 0 U d 0 U -v 0 O to 0 0 co To = E U co N U c 0 0 0 N > cel CO4. s e. U 0 i. 0 .0 O 6 0 0 U cct cn 4- 0 w titi C4 28339 -,in HARNETT County, North ARD LLOYD , whose place of residence is 25 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 to purchase one pistol from any person, firm or corporation authorized to dispose o a a A a a 3j xl I -,I 0 F permit is issued to 6 E co 0 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 ATTACHMENT 5 HARNETT COUNTY PROJECT ORDINANCE FORMER BOONE TRAIL ELEMENTARY SCHOOL DEMOLITION PROJECT BE IT ORDAINED by the Board of Commissioners of Harnett County, North Carolina, sitting as the governing board for Harnett County. Section 1. 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. Section 2. 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. Section 3. The following amounts are hereby appropriated for this project: Former Boone Trail Demolition Project Demolition $ 225,000 Environmental Clearing $ 12,000 Asbestos Monitoring $ 2,000 Total $ 239,000 Section 4. The following revenues are anticipated to be available to complete this project: General Fund $ 239,000 Section 5. 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. Section 6. 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. Section 7. 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. Section 8. 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 carrying out this project. ....�� Duly adopted this I '7 'ay of flu vte, 2019. ATTEST - Margaret R-gina eeler, CO on Sprin Harnett County to the Board, Harnett County Board of Commissioners ATTACHMENT 6 BRIGHTWATER DR EXT: PHASE 2A BID TAB Bid Date: June 3, 2019 IMOWithersRavenel Item Mo. Item Description Unit Est Quan. Construction Entrance EA 2 Combination Silt/Tree Protection Fence LF 3 Temporary Diversion Ditch/Swale LF 4 Rip Rap 22" Thick Class B wJ Filter Fabric SY Inlet Protection EA 6 Temporary Seeding and Mulching AC 7 SCM Conversion LS 8 Erosion Control Maintenance LS 9 Matting SY 10 Sift Fence Outlet EA 11 Check Dams EA 12 Skimmer Basin w/Baffles EA 13 Trees EA 14 Mobilization LS 15 Clearing and Grubbing AC 16 17 Seeding and Mulching, Earthwork AC 15 18 Geotech Fabric SY 19 857 Stone for Stabilization SY 20 Catch Basin 0'-6' Deep EA 21 Catch Basin 16' Deep EA 22 Yard Inlet 6'-10 EA 23 36" FES EA 24 4' Manhole 8-10' Deep EA 25 15" RCP LF 26 36" RCP LF 27 42' RCP LF 28 48' RCP LF 29 4x4 Riser EA 30 MH 10-12 - 4' Diameter EA 31 MH 12-14' - 4' Diameter EA 32 Tie in to Ex. MH EA 33 8' DIP LF 34 12" PVC LF 35 Tie to Existing Watermain EA 36 12" DIP Watermain LF 1200 950 125 11 2 1 1 50 5 B 12 1 6.4 3.2 1 150 100 2 1 1 2 2 47 397 163 156 1 2 2 1 103 590 1 100 37 38 Waterline Testing LS 2' Blow -Off with 12' GV EA 1 1 39 Adjust Fire Hydrant to final grade and location EA 40 2" S 9.58 Final Overlay SY 41 30" 119.00 SY 42 10" ABC Base SY 43 Adjust SSWR MH EA 44 Adjust Water Valve Lids EA 45 30" Concrete Curb and Gutter LF 46 18" Median Curb LF 47 4" ABC Under Curb LF 48 Adjust Catch Basin Frames EA 2 2,140 2,140 2,140 4 6 896 799 1.695 7 49 5' Concrete Sidewalk SY 482 50 HC Ramps EA 2 51 Signage and Stripping LS 1 TOTAL BASE BID = ALTERNATES 1 2 3 4 5 6 7 2" 5 9.5B Final Overlay 3.0" 119.0C 10' ABC Base 30" Concrete Curb and Gutter 18" Median Curb 4" ABC Under Curb 5' Concrete Sidewalk SY 706 706 706 311 314 625 173 SUBTOTAL ALTERNATES BID SY SY LF LF LF 5Y TOTAL BASE BID WITH ALTERNATES = CERTIFICATION ``s„t 11111111, ".c,c CARO. "%.„ �`C11-/F0.s sio /4, ': i Rq�';'The 81ds tabulation herein were opened at Harnett County Regonol Water a1 700 McKinney SEAL Parkway. Lillington. North Carolina on June 3, 2019 at 2:00 PM and publically read. The • .) $ 9 imposed is correct in that it contains the unit prices as presented during the Original Bid Kenneth Jesneck, P.E. (p aimposed of each bidder during the bid opening. The project was bid Si accordinance with the NC .} .6.4, sq....--& 3eneralstatues for Public Bidding Requirements as witnessed by representatives of Harnett Project Manager i '•C�t•'• 6,G.I NE .•' ` County Regional Water and WithersRavenel, Inc. License 8 C-832. ,1"1/1 r1I 11N110%°` ` T2 Construction Highland Paving Fred Smith Company Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price $ 3,800.00 $ 3,800.00 $ 2,150.00 $ 2.150,00 $ 5,406.00 $ 5,406.00 $ 7.00 $ 8,400.00 $ 4.00 $ 4,800.00 $ 2.60 $ 3,120.00 $ 9,00 $ 8,550.00 $ 3.00 5 2,850.00 $ 6.00 $ 5,700.00 $ 90.00 $ 11,250.00 $ 65.00 $ 8,125.00 $ 85.00 $ 10,625.00 $ 550.00 $ 6,050.00 $ 200.00 $ 2,200.00 $ 470.00 $ 5,170.00 $ 1,800.00 $ 3,600.00 $ 2,100.00 $ 4.200,00 $ 3,900.00 S 7,800.00 $ 60,250.00 $ 60250.00 $ 35.000.00 $ 35.000.00 $ 50,000.00 $ 50,000.00 $ 2,500.00 $ 2,500.00 $ 5.000,00 5 5,000.00 $ 30,000.00 $ 30.000.00 $ 15.00 $ 750.00 S 4.00 8 200.00 8 2.40 $ 120.00 $ 650.00 $ 3,250.00 $ 850.00 $ 4,250.00 S 500.00 $ 2,500.00 $ 750.00 $ 6,000.00 $ 550.00 $ 4,400.03 $ 350.00 $ 2,80000 $ 48,000.00 S 48,000.00 S 88,800.00 5 88,800.00 $ 85,000.00 $ 85.000,00 5 750.00 5 9.000,00 $ 975.00 S 11.700.00 S 1.200,00 5 14,40000 $ 15,000.00 $ 15,000.00 $ 32,000.00 $ 32,000.00 $ 43,000.00 $ 4.3,000.00 $ 6,500.00 $ 41,600.00 $ 8,000.00 $ 51,200.00 $ 9,500.00 S 60,800.00 $ 1.500.00 $ 4,800.00 $ 3,500.00 $ 11,200.00 $ 4.300.00 $ 13.760.00 $ 250000,00 8 250,000.00 8 314.400.00 $ 314.400,00 $ 106,000.00 $ 106,000.00 S 10.00 S 1.500.00 $ 5.00 $ 750.00 $ 3.00 $ 450.00 $ 150.00 $ 15.000,00 $ 59.00 $ 5,900.00 $ 35.00 5 3,500.00 $ 5,500.00 $ 11.000.00 $ 3,040.00 $ 6.080.00 $ 4,900.00 5 9.800.00 $ 19.000.00 $ 19.000.00 $ 5.415,00 $ 5,415.00 $ 12,200.00 $ 12,200.00 $ 6.500,00 $ 6,500.00 $ 5.015.00 $ 5,015.00 $ 6,500.00 $ 6,500.00 $ 1.500.00 $ 3,000.00 $ 2,200.00 $ 4,400.00 $ 2,100.00 $ 4,200.00 $ 6,500.00 $ 13,000.00 $ 5,415.00 $ 10,830.00 $ 5.400,00 $ 10.800,00 $ 50.00 5 2,350.00 5 68.00 $ 3,196.00 $ 60.00 $ 2,820.00 $ 100.00 $ 39,700.00 $ 113.00 $ 44,861.00 $ 105.00 $ 41.685.00 $ 155.00 $ 25,265.00 $ 137.00 $ 22,331.00 $ 133.00 $ 21.679.00 $ 185.00 $ 28,860.00 5 178.00 $ 27.768.00 $ 154.00 $ 24,024.00 $ 200.00 $ 200.00 5 18,000.00 $ 18,000.00 $ 12.300.00 $ 12,300.00 $ 6,500.00 $ 13,000.00 $ 4,300.00 $ 8,600.00 $ 5,400.00 $ 10,800.00 $ 7.500.00 $ 15,000.00 $ 4,700.00 $ 9.400.00 $ 6,500.00 S 13,000.00 $ 1,500.00 $ 1,500.00 $ 2,800.00 $ 2,800.00 S 4,200.00 $ 4,200.00 $ 80.00 $ 8,240.00 $ 107.00 $ 11,021.00 $ 92.00 $ 9,476.00 5 105.00 S 61,950.00 $ 70.00 $ 41,300.00 $ 103.00 $ 60,770.00 $ 5,500.00 $ 5,500.00 5 2,000.00 $ 2,000.00 $ 2,400.00 $ 2,400.00 $ 115.00 $ 11,500.00 $ 152.00 $ 15,200.00 $ 58.00 $ 5,800.00 5 6,500.00 $ 6,500.00 $ 2,000.00 $ 2,000.00 $ 1,900.00 $ 1,900.00 $ 5.500.00 S 5,500.00 $ 3,250.00 $ 3.250,00 $ 5,100.00 $ 5,100.00 $ 1.250.00 $ 2,500.00 5 1,250.00 $ 2,500.00 $ 3,800.00 $ 7.600,00 $ 14.00 $ 29,960.00 $ 11.50 5 24,610.00 $ 14.10 $ 30,174,00 $ 18.00 $ 38,520.00 $ 16.75 $ 35,845.00 $ 16.70 $ 35,738.00 $ 27.00 $ 57,780.00 $ 17.90 $ 38,306.00 $ 17.00 $ 36,380.00 S 1,850.00 $ 7,400.00 $ 400.00 $ 1,600.00 $ 520.00 $ 2,080.00 $ 1,100.00 $ 6,600.00 $ 265.00 $ 1,590.00 5 390.00 $ 2,340.00 $ 28.00 $ 25,088.00 $ 21.00 $ 18,816.00 $ 16.00 $ 14,336.00 $ 28.00 $ 22,372.00 $ 17.00 $ 13,583.00 5 15.00 $ 11,985.00 $ 6.00 $ 10,170.00 $ 3.00 $ 5,085.00 $ 3.80 5 6.441.00 $ 800.00 5 5,600.00 $ 300.00 $ 2,100.00 S 400.00 5 2,800.00 $ 75.00 $ 36,150.00 $ 40.00 $ 19280.00 5 36.03 $ 17352,00 $ 2,500.00 $ 5,000.00 $ 1200.00 $ 2,400.00 $ 1,660.00 $ 3,320.00 8 7.500.00 5 7,500.00 $ 6,500.00 $ 6.500,00 $ 6.400.00 5 6,400.00 $ 1,031,505.00 $ 1,004,807.00 $ 886,551.00 514.00 $ 9,884.00 811.50 $ 8,119.00 $14.10 5 9,954.60 $18.00 $ 12,708.00 416.75 $ 11,825.50 516.70 $ 11,790.20 527.00 $ 19,062.00 817.90 $ 12,637.40 517.00 5 12.002.00 428.00 5 8,708.00 $21.00 $ 6,531.00 826.00 $ 8,086.00 528.00 $ 8,792.00 $17.00 $ 5,338.00 838.00 $ 11,932.00 56.00 $ 3,750.00 53.00 $ 1,875.00 54.00 $ 2,500.00 575.00 $ 12,975.00 540.00 5 6,920.00 547.00 $ 8,131.00 $ 75,879.00 $ 53,245.90 $ 64,395.80 $ 1,107,384.00 $ 1,058,052.90 $ 950,946.80 T2 Construction Highland Paving Fred Smith Company Bnghtwater Dr Extension Phase 2A Itemized Bid Proposal ATTACHMENT 7 Bid Tab - Cleaning 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 All Bright Janitorial Service $ 193,420.00 $ 193,420.00 $ 193,420.00 $ 580,260.00 OMNICO $ 254,308.00 $ 254,308.00 $ 254,308.00 $ 762,924.00 American Facility Services $ 357,159.00 $ 357,159.00 $ 357,159.00 $ 1,071,477.00 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 ATTACHMENT 9 Bid Tab - Generator 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 Totat Clarke Power Services, Inc. $ 7,295.00 $ 7,295.00 $ 7,295.00 $ 21,885.00 KB Power Systems, LLC $ 7,498.00 $ 7,723.00 $ 7,723.00 $ 22,944.00 Powersecure Services, Inc. $ 7,910.00 $ 7,910.00 $ 7,910.00 $ 23,730.00 Ezzell Electric $ 8,575.15 $ 8,660.92 $ 8,747.52 $ 25,983.59 ATTACHMENT 10 Bid Tab - HVAC Services County of Harnett 3 -Year Proposal Pricing Sheet Thursday, May 24, 2019, 2:00 p.m. Vendor Name 2019-2020 2020-2021 2021-2022 3 Year Total Heat Transfer Solutions, Inc. $ 216,129.00 $ 216,129.00 $ 216,129.00 $ 648,387.00 Johnson Controls, Inc. $ 228,466.00 $ 237,612.00 $ 247,512.00 $ 713,590.00 ATTACHMENT 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 2021-2022 3 Year Total Clegg's $ 25,045.00 $ 25,814.00 $ 26,603.00 $ 77,462.00 Holloman Exterminators, Inc. $ 27,480.00 $ 27,480.00 $ 27,480.00 $ 82,440.00 Proactive Pest Solutions $ 30,160.00 $ 30,160.00 $ 30,160.00 $ 90,480.00 ATTACHMENT 12 NORTH CAROLINA HARNETT COUNTY RESOLUTION TO ENTER INTO AN INCENTIVE AGREEMENT WITH KRIGEN PHARMACEUTICALS LLC THAT WHEREAS, the County of Harnett ("County") has made economic development in Harnett County a major priority in an effort to recruit new industry and businesses 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 its principal office located in Raleigh, North Carolina; that Krigen has decided to locate a pharmaceutical parenteral manufacturing facility (the "Facility") which will be located at 800 Edwards Brothers Drive, Lillington, NC 27546, with the intent to apply for the County's economic development incentives. Krigen will enter into a long term lease 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 its Facility which is projected to become operational no later than December 2020. In developing this 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 establishment 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 provisions 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 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 entitled "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 comply with the provisions of N.C. General Statutes § 158-7.1; that pursuant to N.C. General Statutes § 158-7.1(c) and a published notice of hearing, a public hearing was held on June 17, 2014 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 this Incentive Agreement with Krigen subject to those terms contained within said Agreement. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners 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 This the 17th day of June, 2019. ATTEST: fit :� et Regina heeler, Clerk COUNTY OF HARNETT By: 3 Gordon Sprin;le : h.FP an Harnett County : oard of Commissioners EXHIBIT A KRIGEN PHARMACEUTICALS LLC and HARNETT COUNTY, NORTH CAROLINA INCENTIVE AGREEMENT Dated as of June , 2019. 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 (the "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 "Facility" means the manufacturing facility intended to be renovated and occupied by the Company on the site, 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 such coverage. "Incentives" means the various incentive payments from all sources referred to in this 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 shall 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 provided to the County evidence of a competitive alternative location 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 million 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 of annual incentive grants will be affected based on the formula set forth in 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 will 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 Grants. 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 calculation 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 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 installment 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 (10%). 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 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 written 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 Operations. 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 funds. 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 applicable building restriction lines, however established, and will not violate applicable use of other restrictions contained in prior conveyances or applicable 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 site 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 Facility. The Company shall observe and comply promptly with all current and future orders of all courts and regulatory bodies having jurisdiction over the Facility 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 Facility 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 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 shall have the option of terminating this Agreement upon failure of the County, to make incentive payments, as provided for in Article III of this Agreement. The County shall have the 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 the 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 reasonable efforts by the Company to obtain same; 8 (c) Enemy or hostile 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; (0 (g) Delay in funding from any state or local government incentive to or for the benefit of the Company; or; 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. ARTICLE X 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 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 Harnett 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 (c) Any addressee may designate additional or different addresses for communications by notice given under this Section to the other. 11.03 Non -Business Days. If the date for making any payment or the last day for performance of any act or the exercising 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 changed 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 shall 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 officers, agents, or employees shall be deemed to execute such documents in their official capacities only, and not in their individual 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 original, 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 KRIGEN PHARMACEUTICALS LLC By: [SEAL] Dhruvkumar Patel, Member/CFO HARNETT COUNTY, NORTH CAROLINA By: 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 12 Gordon Springle, Chairman Harnett County Board of Commissioners EXHIBITS: A - Facility description 13 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, Harnett 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 Harnett 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