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HomeMy WebLinkAbout080519a Agenda Package revisedHARNETT COUNTY BOARD OF COMMISSIONERS County Administration Building 420 McKinney Parkway Lillington, North Carolina Regular Meeting August 5, 2019 1. Call to order -Chairman Gordon Springle 9:00 am 2 . Pledge of Allegiance and Invocation -Commissioner Barbara McKoy 3. Consider additions and deletions to the published agenda 4. Consent Agenda A. Minutes B. Budget Amendments C. Harnett County General Services, HARTS, requests approval of the NC Department ofTransportation FY 2020 5339 grant agreement in the amo unt of $174 ,000, total County match is $17,400 . The grant provides funding for Capital expenses associated with providing public transportation for the citizens of Harnett County. D. Harnett County General Services, Harnett Regional Jetport, requests approval of the N C Department of Trans portation Division of Aviation grant agreement to provid e profes sional services for the design/permitting of the apron expansion at the Harnett Regional Jetport. Staff al so requests approval of a resolution to appropriate Harnett County's local match of 10 % of the total estimated project cost of$293,140. E. County Staff Attorney requests Public Disclosure of Settlement Agreement with Michael W. Stinecipher v . County of Harnett (Order Approving Compromise Settlement) pursuant to Section 143-218.11 (a)(3) of the North Carolina General Statutes. F. Harnett County Health Department requests approval to accept grant funds from Mid- Carolina Area Agency on Aging in the amount of $28 ,000 for the Family Caregiver Program. G. Proclamation -Child Support Awareness Month -August 2019 5. Period of up to 30 minutes for informal comments allowing 3 minutes for each presentation 6 . Appointments The Board will also discuss and consider the Boards and Committees on which they serve. Page 1 of 2 080519a HCBOC Page 1 080519a HCBOC Page 2 Agenda Item 4 A HARNETT COUNTY BOARD OF COMMISSIONERS M inutes of Regular Meeting July 15 , 2019 The Harnett County Board of Commissioners met in regular s ession on Monday, July 15 , 2019, in the Commiss ioners Meeting Room, County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Members present: Staff present: Gordon Springle, Chairman Howard Penny, Vice Chairman Mark B. Johnson, Commissioner Barbara McKoy, Commissioner Joe Miller, 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. Vice Chairman Penny led the Pledge of Allegiance and invocation. Chairman Springle called for any additions or deletions to the published agenda. Vice Chairman Penny moved to approve the agenda as published. Commissioner McKoy seconded the motion that passed 4-0. District Court Judge 0. Henry Willis administered the Oath of County Commissioner to Mark B. Johnson as the new commissioner selected to represent District 2 of Hamett County. Commissioner Miller moved to approve items on the consent agenda. Vice Chairman Penny seconded the motion, which passed unanimously. 1. Minutes: June 17 , 2019 Regular Meeting June 11 , 2019 Work Session May 29, 2019 Special Session May 20, 2019 Regular Meeting 2. Budget Amendments 71 Capital Reserve Communication Fund Code 5144591 544050 Software Maint. & Support 441 ,603 increase 441 ,603 increase 5143900 390990 Fund Balance Appropriated July 15 , 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 1 of 8 080519a HCBOC Page 3 134 Emergency Resgonse Planning Code 2104410 502010 Salaries & Wages 22.637 decrease 2104410 503030 401 K -General 443 decrease 2104410 505010 FICA 1,694 decrease 2104410 505050 State Retirement 1,729 decrease 2104410 506010 lvledical Insurance 4.615 decrease 2104410 506020 Dental Insurance 1 73 decrease 2104410 506040 Life Insurance 16 decrease 2104410 507010 Unemployment Insurance 222 decrease 2104410 507030 Workers Compensation 346 decrease 2104410 507050 Employee Clinic 150 decrease 2104410 521010 Janitorial Supplies 250 decrease 2104410 521030 Uniforms 1,000 decrease 2104410 522010 Food & Provisions 500 decrease 2104410 523010 Books, lvledia, Publications 500 decrease 2104410 523030 Public Safety Supplies 644 decrease 2104410 524010 lvl&R Supplies -Buildings 500 decrease 2104410 524020 lvl&R Supplies -Equipment 1,000 decrease 2104410 525090 Vehicles Supplies -Other 500 decrease 2104410 526010 Office Supplies 4,000 decrease 2104410 531020 Training lvleals l , 7 60 decrease 2104410 531030 Training Lodging 2 ,850 decrease 2104410 532010 Training Registration 1,900 decrease 2104410 532010 Telephone Service 1,500 decrease 2104410 533040 Cable/Satellite 2,725 decrease 2104410 534010 Printing 1 00 decrease 2104410 535010 R&lvl Buildings 500 decrease 2104410 535020 R&lvl Equipment 500 decrease 2104410 535030 R&lvl Vehicles 500 decrease 2104410 535090 R&lvl Communication Equipment 500 decrease 2104410 543040 Rental -Computers 2,226 decrease 2104410 544050 Software lvlaint. & Support 16,850 decrease 2104410 548000 Dues & Subscriptions 2, 1 70 decrease 2103800 380840 Contributions & Donations 75 ,000 decrease 758 Aimort Cagital Reserve Code 5204650 598400 Interfund Trans -Capital Project 27 ,770 increase 5203900 390990 Fund Balance Appropriated 27 ,770 increase 924 Aircraft Agron & Heligad Design Code 4204650 519040 4204650 330210 4203900 390985 HRJ Aircraft Apron Engineering 15,440 increase HRJAE Federal Funding 13 ,896 increase Capital Reserve 1,544 increase July 15, 2019 Regular lvleeting lvlinutes Hamett County Board of Commissioners Page 2 of 8 080519a HCBOC Page 4 925 Airport Capital Projects Code 5204650 598400 5203900 390990 Interfund Trans -Capital Project Fund Balance Appropriated 1,544 increase 1,544 increase 3. Tax rebates, refunds and releases 4. Harnett Regional Water requested 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. (Attachment 1) 5. Harnett County Emergency Services requested 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 Harnett County from the aftermath of Hurricane Florence. Federal assistance also provides 75% for the program. 6. Harnett County Economic Development requested approval of the One North Carolina Local Government Grant Agreement and Company Performance Agreement with County ofHarnett/Krigen Pharmaceuticals, LLC for $200,000. 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. 7. Harnett County General Services requested approval to reimburse tipping fees to Southeastern Construction in the amount of $3,866 for construction demolition materials from the Shawtown School Building Renovation. 8. Harnett County Sheriff's Office requested 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. 9. Harnett County Sheriff's Office requested approval to accept canine equipment, valued at approximately $500, donated by the Never Forget 9-11 Foundation. 10. Sheriff Coats requested Deputy Michael Klingman be allowed to purchase K-9 Dixie for $1.00. Deputy 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. 11 . Harnett County Emergency Services requested approval for Crains Creek Volunteer Fire Department to start a Medical First Responders Service in Harnett County beginning August 1, 2019. July 15, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 8 080519a HCBOC Page 5 12. Harnett County Emergency Services requested approval for Benhaven Emergency Services to start a Medical First Responders Service in Harnett County beginning August 1, 2019 . 13. Hamett County JCPC requested approval to submit Program Agreements to the NC Department of Public Safety JCPC for $224,037 in funding, $41 ,322 local match required, for the following programs: Harnett County Restitution Program 4-H Teen Court and At Risk Youth Dev elopment Re-Entry Healthy Choices School l(jds In Power (SKIP)-Dunn Police Athletic League 14. Harnett Regional Water requested 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 Hamett County Regional Water and Wastewater Treatment Plants for FY 2019/2020 . (Attachment 2) 15. Public Disclosure: Resolution by the Hamett County Board of Commissioners in Support of Application for NC Department of Commerce Project Ace (Krigen) approved April 29, 2019. (Attachment 3) 16. Public Disclosure: Resolution approved by the Hamett 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 Hamett County. (Attachment 4) 17. Hamett County Development Services requested approval of the Town of Angier Building Inspection Services Agreement Contract Renewal for $38,000 per year for two years. 18. County Attorney requested 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. 19. County Attorney requested approval of the North Carolina Special Warranty Deed, in conjunction with the City of Dunn Council, conveying real property to the Trustees of Hamett Chapel Freewill Baptist Church. 20. Hamett County Administration and Solid Waste requested a waiver of tipping fees associated with Shawtown Community Cleanup scheduled July 19 -21, 2019. July 15 , 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 4 of 8 080519a HCBOC Page 6 21. Administration requested approval of the Application for Public School Building Capital Fund, North Carolina Education Lottery for Debt Services for $3 ,952,051 for schools and gym construction at Overhills Elementary, Coats Elementary gym, Overhills High School and Lillington/Shawtown Elementary. The Board of Education approved the application on June 27, 2019. 22. Harnett County Division on Aging requested approval to accept $722,464 in funding provided through the Mid-Carolina Area Agency on Aging 2019-2020 Home Care and Community Block Grant and Agreement for the Provision of County-Based Aging Services. 23. Harnett County Public Library requested approval of the NC Cardinal Memorandum of Agreement to continue the County's membership in 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 a more effective use of public resources. 24. Hamett County Emergency Services requested 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 Coats-Grove Fire and Rescue Benhaven Emergency Services Dunn Emergency Services 25. Hamett County Emergency Services requested 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 Hamett Volunteer Fire Dept. Summerville Bunnlevel Fire & Rescue Out-of-County Departments Benson Fire Department Crains Creek Volunteer Fire Department West Johnson Fire Department Benhaven Emergency Services Boone Trail Emergency Services Coats-Grove Fire & Rescue Spout Springs Emergency Services Dunn Emergency Services Buies Creek Rural Fire Department Cypress Pointe Fire and Rescue Godwin-Falcon Fire Department Westarea Volunteer Fire Department 26 . Administration requested 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 regarding the financing, acquisition , construction and equipping of a new Government Services Complex. (Attachment 5) July 15 , 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 5 of 8 080519a HCBOC Page 7 27 . IT (GIS/E-911) requested 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. 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: Jerry Rivas of 364 Twin Ponds Road Steve Foley representing the new Bragg Mutual Federal Credit Union in the Spout Springs area Board of Education member Don Godfrey from the Barbeque Township area Allie Bryant of 556 Shawtown Road in Lillington Sheriff Wayne Coats Mary Murchison Ross who owns property in the Shawtown area Commissioner Miller moved to approve the appointment listed below. Vice Chairman Penny seconded the motion that passed unanimously. Social Services Board Melissa Martin was appointed to serve on this board for a term of three years from July I , 2019 -June 30, 2022. The NC DHHS Social Services Commission approved this appointment in June 2019. Ryan Helton, Hamett County 's 4-H Youth Voice Delegate, addressed the Board. Mr. Helton will represent Hamett County 4-H Youth at the upcoming NCACC Annual Conference. Kenneth Withrow with CAMPO and Roger Henderson with Ramey Kemp & Associates provided an update on the on-going Southwest Area Transportation Plan (SWAS). The plan includes Wake County, Harnett County, Apex, Angier, Holly Springs, Fuquay-Varina, NCDOT and others. This study is evaluating the transportation network, including planned and existing roads, transit services, and bicycle/pedestrian facilities. The Southwest Area Transportation Plan will result in project recommendations, concept designs , school accessibility studies, and best practice recommendations to help integrate growth and transportation needs in the area. Mark Locklear, Director of Harnett County Development Services, petitioned the Board for a public hearing on the proposed text amendment: Case # PLAN 1906-0002, Hamett 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 July 15 , 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 6 of 8 080519a HCBOC Page 8 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 Mr. Locklear noted that due to some recent legal findings , and therefore upon guidance from Harnett County Legal Services, Development Services requests to remove the requirement option of residential sprinklers if fire protection cannot be met via adequate water pressure within a water line. Mr. Locklear briefly highlighted the proposed changes. He reported that on June 24, 2019 the Hamett County Pl~ing Board voted 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 use techniques. Chairman Springle caJled 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 Resolution Amending the Harnett County Unified Development Ordinance adopting the text amendment as presented, as this is compatible with Hamett County Comprehensive Growth Plan as well as the more recent Northwest Area Plan. Vice Chairman Penny seconded the motion that passed unanimously. (Attachment 6) Hamett County General Services Director Barry Blevins provided an update on the Harnett Regional Jetport Committee. Mr. Blevins noted that Danny Honeycutt is the new vice chairman for the committee. Vice Chairman Penny moved to approve the Hamett Regional Jetport Committees' selection of Option 1 build elevation for the new terminal. Commissioner Miller seconded the motion that passed unanimously. Vice Chairman Penny nominated Gordon Springle to serve as Hamett County's Voting Delegate to NCACC's 112th Annual Conference in Greensboro August 22-24, 2019 . Commissioner McKoy seconded the motion that passed unanimously. Mrs. Stewart presented the foJlowing reports: 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 Staff sought clarification regarding future lease payments for tenants at the renovated Shawtown campus in order to meet the public notice requirements. Mr. Haney said staff understands an annual rent of $1 for tenants for the first fiscal year followed by annual rent of the average cost of utilities for future years. Staff asked if the lease payment of the average cost of utilities would July 15 , 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 7 of8 080519a HCBOC Page 9 apply to all tenants or only the Boys and Girls Club and ReEntry. It was the consensus of the Board to charge all tenants after the first fiscal year. Commissioner McKoy said she believes the tenants who have been out there for years should be "grandfathered in" because they have never been charged anything. Discussions continued. The Board requested an initial one-year lease for all tenants until the average cost of utilities and the amount to charge tenants the second year could be determined. Upon request, commissioners approved by consensus to allow staff to move forward wi th the longer lease for the Boys and Girls Club. Commissioners will consider approval of the initial lease agreements during their August 19, 2019 regular meeting. There was no new business. Commissioner Miller moved that the Board go into closed session for the following purposes: 1) To discuss certain personnel matters; 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) Consultation with the County's legal staff in order to preserve the attorney-client privilege concerning the handling of certain claims This motion is made pursuant to N.C. General Statute Section 143-318.11 (a)(6)(5)&(3). Vice Chairman Penny seconded the motion that passed unanimously. Vice Chairman Penny moved that the Board come out of closed session. Commissioner McKoy seconded the motion that passed unanimously. Vice Chairman Penny moved to adjourn the meeting at 7:59 pm. Commissioner McKoy seconded the motion that passed unanimously. Gordon Springle, Chairman Margaret Regina Wheeler, Cler July 15, 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 8 of 8 080519a HCBOC Page 10 ATTACHMENT 1 RESOLUTION FOR APPROVING LOCAL WATER SUPPLY PLAN WHEREAS, North Carolina General Statute 143-355 (1) 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 prov isions of North Carolina General Statute 143-355 (I) 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 Comm issioners 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 15~ day of ___,._ili.._.\A ...... l'-+y--• 2019. Signature: ----1ac--7"-~-'--=--.--;;,"""'---?'--f'-----rr-'_......,,,::----- Title : -COO""'k_q~: V'.'~Vl1~v--. -(()+, --------- Name: G-ov-dDV) 080519a HCBOC Page 11 ,--------.------------------------080519a HCBOC Page 12 080519a HCBOC Page 13 080519a HCBOC Page 14 ATTACHMENT 3 c~·~ Harnett i'Y~rr-~J C O U N T Y L_ . ~--1 N ~O ... R.;;.T ... H...;.C ... A~R~O-LI ... N_A _______________________________ _ RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS IN SUPPORT OF Application for NC Department of Commerce Project Ace WHEREAS, Hamett County Board of Commissioners had indicated its desire to assist in economic development efforts for business and industry within Hamett 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 Hamett 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.harne tt.org NOW, THEREFORE BE IT RESOVED, by the Hamett County Board of Commissioners, that Hamett 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. strong roots • new growth 080519a HCBOC Page 15 ATTACHMENT 4 NORTH CAROLINA HARNETT COUNTY 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 Hamett County provide certain economic development incentives to Krigen which will assist said company in establishi ng 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 applicant business/industry; it is the desire of the Board of Commissioners through this Resolution to direct the scheduling of said public hearing. NOW THEREFORE, BE IT RESOL YEO by the Hamett County Board of Commissioners that the Harnett County Staff is hereby directed to schedule a public hearing 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 Hamett 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 By: 080519a HCBOC Page 16 ATTACHMENT 5 EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS * * * A regular meeting of the Board of Commissioners (the "Board") of the County of Hamett, 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 presiding and the following Commissioners present: Howard Penny , Vice Chairman Mark B. Johnson, Commissioner Barbara McKoy, Commissioner Joe Miller, Commissioner Commissioners absent: NI A Also present: Paula Stewart, County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk * * * * * * Commissioner Miller 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 Hamett, North Carolina (the "County") is a validly existing political 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, the County has the power pursuant to the General Statutes of North Carolina to (1) purchase real and personal property, (2) enter into installment financing contracts in order to fmance and refinance the purchase of real and personal property used, or to be used, for public purposes and (3) grant a security interest in some or all of the property purchased to secure repayment of the purchase pnce; 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 Services Complex (the "Projecf'); WHEREAS, in order to accomplish the Project, the County proposes to execute and deliver 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 trust, security agreement and fixture filing (the "Deed ofTrusf') related to the County's fee simple interest in the real property on which the Project is located and all improvements thereon; 080519a HCBOC Page 17 WHEREAS, the Board hereby determines that the acquisition of the Project is essential to the County's proper, efficient, and economic operation and to the general health and welfare of its inhabitants and will provide an essential use 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 virtue of the findings presented herein; WHEREAS, the County hereby determines that the Contract will allow the County to finance the Project at a favorable interest rate currently available in the financial marketplace and on terms 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 appropriat ions , 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 determines 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 Installment 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 Jaw ; 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 obligations ; WHEREAS, the County's budget process and Annual Budget Ordinance are in compliance with the Local Government Budget and Fiscal Control Act, and externa l auditors have determined that the County has conformed with generally accepted accounting principles as applied to governmental units in preparing its Annual Budget ordinance; PPAB 5012536v l 080519a HCBOC Page 18 WHEREAS, past audit reports of the County indicate that its debt management and contract obligation 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 Commission (the "Commission"), external auditors or any other regulatory agencies in connection with such debt management and contract obligation payment policies; WHEREAS, the County must obtain the Commission's approval to enter into the Contract; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS: Section 1. 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 160A-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 such 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, Hamett 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 assistance 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 Miller, and seconded by Vice Chairman Penny, 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: AYES: 5 NAYS: 0 PPAB 5012536vl 080519a HCBOC Page 19 STATE OF NORTH CAROLINA COUNTY OF HARNETT ) ) ) ss: I, MARGARET REGINA WHEELER , Clerk to the Board of Commissioners of the County of Hamett, 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 BARNETT, NORTH CAROLINA, AUTHORIZING THE EXECUTION AND DELIVERY OF A COUNTY INSTALLMENT FINANCING 0BLIGA TION 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 ] 5th day of July, 2019. WITNESS my hand and the corporate seal of the County of Hamett, North Carolina, this the 15th day of July, 2019. PPAB 501 2 536v l 080519a HCBOC Page 20 EXHIBIT A NOTICE OF PUBLIC HEARING The Board of Commissioners (the "Boarcf') of the County of Hamett, North Carolina ( the "C aunty") is considering ( l) 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) executing and delivering a deed of trust, security agreement and fixture filing (the "Deed of Trust") related to the County 's fee simple interest in the Project, together with the improvements thereon (collectively, the "Mortgaged Property"), as may be required by the entity providing the funds 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 all installment payments due under the Contract, the Deed of Trust and any lien created thereunder would terminate and the County 's title to The Mortgaged Property would be unencumbered. NOTICE IS HEREBY GWEN, pursuant to Sections l 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. Publi shed : July 31 , 2019 PP AB 501 253 6 v l Isl Margaret Regina Wheeler Clerk to the Board of Commissioners County of Harnett, North Carolina 080519a HCBOC Page 21 ATTACHMENT 6 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 Harnett 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 Harnett 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 11.8.1 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, 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. F COMMISSIONERS strong roots • new growth 080519a HCBOC Page 22 I Article IV. Zoning & Overlay Districts 14.3.5 Compatibility Design Regulations RA-40 Zoning I I 2:4-0,000 sq. ft. minimum lots 2:35,000 sq. ft. minimum lots 2:28,000 sq. ft. minimum lots @ uJ ~ <,d 9 uJ i 0 ! u ~ ~ f- 0 ~ < "" (/) < !-< ~ I § >-< "" .,. :;;! ~ "" !->-uJ (/) ~ ~ ~ i::: ~ gj ~ "' z "" &i @ il'i t gi -w !-0 < w w ~ ::; ;:, !:: s & gJ 8 0 < .,. t; a ::, ;:, ::, I= f: < -~ ~;:, (/) u >-0 Ul u c., p.. :::, (/) p.. &: P-It) 150' j 35' ! 25' i 10' ! 20 ' 0% l -i • I · j -I - --------150' -l·-35' -f 25 ' -l--10· --~--·-20· ---0% -f---_ -:--_--+--1 ·-·-·f--_ ---f-1, --·---___ J ___ L_L _____ i __________ j_ ____ j ________ J __ ,. _______ J, ___ ' L_ 100' j 35' I 25' i 10' ! 20' 10% ' ./ I ./ ; 1 I i I 1 1 ! i USE CLASS: MDR, RC, CMU, EMU 2:21,000 sq . ft . minimum lots -----·-------·-----1 2: 17,500 sq. ft. minimum lots 100' 35' 25' 10' 20' 20% i ./ i ./ I 1 I i ! j : ! I ------l--~--'------f----L----30% ' ./ i ./ i 2 I 29' I ./ I · I I ! ! I 80' 35' 20' 2:30,000 sq . ft. minimum lots 100' 35' I 25' / 10' ~· 20' 0% , , , , I I I I ' I : ! ··-·---·---·-·-----·-·---·-·-----------______ .. __ 1-00-,--'-~-25··-1-10· ;-· 20· --0%---r--·---!------,-1---+---i-- --==~~-s_:_· ft_. _:_~um _:'.'_cs___________ ·--1,---+---_J ______ i ___ ]_ ___ ---L---j ! . ...1J ___ ...., 2:20 ,000 sq . ft. minimum lots USE CLASS: MDR, RC, CMU, EMU 2:15,000 sq. ft. minimum lots >20,000 sq . ft. minimum lots 2:15,000 sq . ft. minimum lo ts 2: 12,000 sq. ft. minimum lots USE CLASS: MDR, RC, CMU, EMU 80' 35' / 20' ! 10' i 20 ' 10% · ./ ' ./ 1 ,1 I i I l ! ! 80' 30' ! 20· 1 o· 20· I I I I 10· --f 25· l 20· T~ 20· I ! . I 20%,"'1 .,, 1 1 I 1· I J I I 30% : -.,,--f-./ i -2 -f--29' -/--.,,· J ' ! i i ! f i 70' 20' 15 ' j 5' 1 15' 20% I ./ ./ I 2 I 29' , ./ I I ' I I 2:10,000 sq. ft. minimum lots -OPTIONAL ,/ REQUIRED __ _1 ___ j_ ___ L ___ J, __ __. ____ 1 ____ ._ ___ _j __ _L ___ t__ __ 1 PUBLIC WATER OR SE WER 2 PUBLIC WATER AND SEWER 080519a HCBOC Page 23 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 be met for single family, multifamily, and nonresidential uses within planned unit developments. The regulations shall be applied individually by 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 seamlessly integrate differing requirements. 1. Single Family Uses V) I.Li I.Li u t-< u b ~ V) < ~ ~ z V) z r-< ~ I ~ ~ ...-1 (/) t-< ::r:: i:i.l V) ~ oel el ; I.Li 0 ;::i z ~ !; t-< I µJ a ~ gi !--< J:,I:l g: 0 ...:i > < ~ ;::i ~ ~ ;::i ;::i Q 0 p... u u C) ..... (/) (/) V) ~20,000 sq. ft. minimwn lots ----------------------1--------11--------'•--~- ~18 ,000 sq. ft. minimum lots ~15,000 sq. ft. minimum lots ~12,000 sq. ft . minimum lots ~9,000 sq. ft. minimum lots 15% 20% 25% 30% 29' 29' 50' 50' ,/ ,/ ,/ ---------·-·--------~--~----------- 11.8.4 Superior Design Criteria F. Public Safety & Service Availability ,/ ,/ ,/ ·------1---1 ,/ ,/ "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 medical services, hospitals, law enforcement services, libraries, and educational facilities. 080519a HCBOC Page 24 Article VII. Development Design Guidelines 6.4 Fire Protection 6.4.1 General Fire Hydrant Requirements Adequate fire protection shall 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 (2 112'') and one (1) four and one half inch (4 W') 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 s hall be pentagonal type measuring one and one half inch (1 112'') from point to flat. Hydrants shall 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 s hall have at least 500 gallons of water flow per minute. B. The Fire Code Official shall approve all hydrant types and locati ons in new developments and any alterations to this Ordinance related to fire hydra nts and fire protection. C. All fire hydrants s hall be located on the righ t side of the roadway in which responding fire apparatus would travel into subdivision s, beginning at the main entrance to the subdivision. 080519a HCBOC Page 25 Age nd a I tem 4 & COUN TY OF HARNETT BUDGET ORD IN ANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Hornet!, North Carolina. that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30 , 2019 . Section 1. To ame nd the Health Department General Fund, the appropriati ons are to be changed as follows: EXPEND ITURE AMOUNT ORG OBJECT PROJECT TAS K SU B-TAS K JOB DESCRIPT ION OF CODE INCREASE DECR EASE 1105110 504010 Exoense All owance $500 11051 10 526010 Office Sunnlies $2,025 1105110 531050 Troinina-Reqistration $162 1105110 532050 Postaae $118 REVENUE AMOUNT ORG OBJEC T PROJECT TASK SUB -TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1105110 330210 Federal Fu n d inq 2805 EXPLANA TION: To reduce Federal Funding fo r WIC Breastfeed ing Peer Program. APPROVALS : 9t~ 7rn/tq Dept Head (date) Section 2. Copies o f this budget amendment shall be f Officer and the Finance Officer fo r their direction. L.-k-#-c..,,J ~ (Cft,t.e) ')f'I ~ Count y Manager (dote)-, . l't . J.V l , \ '--, ~., ~ ished to the Clerk to the Boord, and t o the Budget Adopted th is ___ day of _______ , 20 _. Margaret Regina Wheeler, Clerk to the Board Gordon Springle, Chairman Boord of Commissioners 080519a HCBOC Page 26 COUNTY O F HARNETT BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the fo ll owing amendment be mode to the annual budget ordinance for the fiscal year ending June 30, 2019. Section 1. To amend the Health Department General Fund, the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1105110 523010 Books & Publications $2,265 1105110 537010 Advertisinq $2,264 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB -TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1105110 330210 Federal Fundinq 4529 EXPLANATION : To reduce Federal Funding for the Healthy Communities Program . c:/I~ ~111 115 J;j)v r J,;;;0':, l R,_,_,.,.~ &<.,.J c-- Dept Head (date) ~nonce p tticer (dat e rr I? I fj County Manager (date.).... u ,~~~ Section 2. Copies of this budget amendment shall be furn ish ed to the C lerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this ___ day of ________ , 20 __ . Margaret Regina Wheeler, C lerk t o the Board Gordon Sp ringle, Chairman Board of Comm issioners 4b 080519a HCBOC Page 27 COUNTY OF HARNETI 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 fiscal year endin g June 30 , 2020. Section 1. To amend the General Fund . Governor's Highway Safety, the appropriations ore to be changed as follows: EXPENDITURE AMOUNT ORG OB JECT PROJECT TASK SUB -TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1104310 502010 SALARIES & WAGES FULL TIME $52,002 1104310 502050 LONGEVIT Y $780 1104310 507030 WORKERS COMP $1,410 1104310 507010 UNEMPLOYMENT $260 1104310 507070 OPES $120 1104310 506040 LIFE INSURANCE $68 11043 10 503010 LEO SEPARATION ALLOWANCE $60 1104310 505060 LEO RETIREMENT $5,120 1104310 503040 LEO SUPPLEMENTAL RETIREMENT $2.600 1104310 506010 GROUP INSURANCE $10,104 1104310 505010 FICA $4,038 1104310 506020 DENTAL $384 1104310 507050 EMPLOYEE CLINIC $180 1109800 598200 INT ERFUND TRANSFER-SPECIAL REV $38.563 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE 1104310 330210 FEDERAL GRANT EXPLANATION : To decrease budget due to Governor's Highway Safety Program moving from FUND 110 (4310} to FUND 210 (8309). Adopted this ___ day of _______ , 20 _. Margaret Regino Wheeler. Clerk to the Boord Gordon Springle. Chairman Boord of Commissioners DECREASE $38,563 4~lb 080519a HCBOC Page 28 COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT BE IT ORDA IN ED by the Governing Boord of the County of Hornell. North Corolino. !hot the foll owing amendment be mode to the onnuol budget ordinance for the fiscal yeor ending June 30. 2020. Section 1. To amend the Public Safety Fund , Governor's Highway Safety, the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 2108309 502010 SALAR IES & WAGES FULL TIME $52,002 2108309 502050 LONG EVITY $780 2108309 507030 WORKERS COMP $1,410 2108309 507010 UNEMPLOYMENT j260 2108309 507070 OPEB $120 2108309 506040 LIFE INSURANCE $68 2108309 503010 LEO SEPARATION ALLOWANCE $60 2108309 505060 LEO RETIREMENT $5,120 2108309 503040 LEO SUPPLEMENTAL RETIREMENT $2.600 2108309 506010 GROUP INSURANCE $10,104 2108309 505010 FICA $4,038 2108309 506020 DENTA L $384 2108309 507050 EMPLOYEE CLINIC $180 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 2108309 330210 FEDERAL GRANT $38,563 2103900 390981 TRANSFER FROM-GENERAL FUND $38 ,563 EXPLANATION: To increase budget due to Governor's Highway Safety Program moving from FUND 110 (4310) to FUND 210 (8309). Adopted this ___ day of _______ , 20 _. Margaret Regino Wheeler , Clerk to the Boord ftw.A -l«--<\h:._ \(. I:: I-11 --14 Cou nty Manager (dote) lerk to the Boord, and to the Bud g et Officer and Gordon Springle. Chairman Board of Commissi o ners 080519a HCBOC Page 29 COUNT Y OF HARNETT BUDGET ORDINANCE AMENDMENT BE IT O RDAINED by the Governing Board of the County of Harnett. North Carolina. that the following amendment be made t o the annual budget ord inance for the fi scal year endi ng June 30, 2020. Section 1. To amend the General Fund , Emergency Services department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OB JECT PROJECT TASK SUB -TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 11044 11 529090 EM ERG EN CY SU PPLIES $473,970 REVENUE AMOUNT ORG OBJECT PRO JECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1104 4 11 330310 STAT E $473,970 EXPLANATION: APPROVALS : To budget prior ye cir ""'198M funds (FY2018-2019) recel,ed from the North Carolina Department of Public Safety for the Harnett County-Disaster Recover Act {DRA) 17 In the amount of $473,970.00. These funds wlll be used for financia l assistance to the Town of Erwin to repa ir their drainage system that was damaged from Hurricane Matthew. Lc.Al:fu .vJ ~ Coun ty M anager {date )-, . , • I ....-,,.L.Jj --J 1 Section 2. Copies of t his budget amendment sha ll be f urnished t o the C ler and t he Fin ance Officer f or t heir d irecti on. t o t he Board. and to t he Budget O ffi cer Adopted this ___ day of _______ . 20 _. Margaret Regina Wheeler. C le rk to the Board Gordon Sprin gle, Chairman Board of Commiss ioners 080519a HCBOC Page 30 Board Meeting Agenda Item Agenda Item 4E ---......:;.;=---- MEETING DA TE: February 5, 2018 SUBJECT: Harnett County -State Disaster Recovery Act (DRA) 17 -Award Letter and Memorandum of Agreement (MOA) REQUESTED BY: Jimmy Riddle, Emergency Services Director REQUEST : Request signature for acceptance and acknowledgement of Award Letter and Memorandum of Agreement (MOA). Harnett County will be entitled to receive up to $481,000 as part of the State's DRA (Disaster Recovery Act) 17 funding appropriation . The award letter is hereby made pursuant to funding made available through North Carolina General Assembly Section Law 201 7-J J 9, Senate Bill 338 . The funding award is subject to all applicable rules, regulations and conditions subject by the State of North Carolina. The funding award is also being made in accordance with the plan set forth in the application which was submitted on September 15, 2017 and is subject to any attached revisions or special conditions. The County is required to execute a Memorandum of Agreement which more thoroughly articulates the tenns and conditions of the grant award. The MOA must be signed by the Local Elected Official. AJI grant activities must show a tie back to the Hurricane Matthew flood event of October 6, 2016. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\gwhccler\AppDa1a\Local\Microsoft\ Windows\lNctCachc\Content.Outlook\TPTEQC L V\agendafonn2018 -DRA Grant 17 Award Letter and MOA (BOC 2.5.18).docx Page 1 of2 080519a HCBOC Page 31 .. COU NTY OF HARNETT BUDGET ORDINA NC E AMENDMENT BE IT ORDAI NED b y the Governing Boord of the County of Harnett. North Ca rolina. that the following a mendment be m o de to the annual budget ordinance for the fisca l year ending June 30, 2020. Section 1. To amend the General Fun d , Emergency Services departm ent. the appropriations a re to be c hanged as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCR IPTION OF CODE INCREASE DECREASE 110 441 1 5290 90 EM P19 O PERT EMPG OPT AMOUNT EMER G EN C Y SUPPLIES $1 7,899 11 044 11 5290 90 EM P19 OPE RT EMPG INITI ALAMT EMER G ENC Y SUPPLI ES $13,999 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE 1 103900 39 0990 Fu n d Ba lance Aooro priated $3 1,898 EXPLANA TION: APPROVALS : To budget prior year unspent grant funds (FY2018-2019) received from the North Carolina Department of Public Safety Emergency Management for : 1) 2018 (EMPG) Emergency Management Performance Grant Supplemental Optional amount, $17,899.12 . 2) 2018 (EMPG) Emergency Management Performance Grant Baseline lnttla l a mount, $13,998.84. ~~ 7fa sd1 Deptead (d a te) Adopted th is ___ day of _______ . 20 _. Margaret Regina Wheeler. C lerk to the Board Gordon Spri n g le, Chairma n Bo ard of Commissi o n e rs DECREASE 080519a HCBOC Page 32 " ~ North Carolina Departme nt of Public Safety Llt':.J' Emergency Management Roy Couper, Go~emo, Erik A. HookJ, Sccreta,y Michae l A. Spnyberry, Oicec\Qr Eineraeacy Management Performance Graa t (EMPG> f ltcal Year 2018 GRANT AWARD AND MEMORANDOM OF AGREEMENT AMENDMENT Subrtclplent: DUNS IIH1ber: fedtral ID number: A«OHI: Oate of A"1rd: Hamett Couniy Emergency Managnncnt 09IS6S986 S6-6000306 1901-IS00•8016-3HD8 (See MOA for Effective Date) CFDA number: Federal/State Base .. , .. nt: Federal/State Optional 1mount: SATCOM dedlldioN: Total p-111t aiaou•t: 97.042 SJS,000.00 SJ7,899.J 2 S0.00 552,899.12 THIS AMENDMENT TO THE GRANT AW ARD AND MEMORANDUM OF AGREEMENT is entem! into by and between the State of North Carolin,,, Depanmenc of Public Safety, North Carolina Emergency Manaaemcnt , Raleigh, North Carolina (hereinafter referred to as the RECIPIENT), and H1rnett Cou11ty Emeriency M1111gemea1 (hcreiDBfter n:fernd to as the SUBRECIPI.ENT). WITNESSETH That WHEREAS, on Oc:cober I, 2018 the parties entered into a Grant Award and Memorandum of Agreernenc wherein RECIPIENT provided funds from Ute U.S. Depanment of Homeland S=ity (DHS). Federal ~ency M11111ganent Agency (FEMA), fo r FY 2018 Emergency Management Performance Grant Program fund ing Award EMA-2018-EP-00005-18042 . And WHEREAS, lhe panics wish 10 modify the provisions of lhe prior Grant Award and Memorandum of AiJ'eCl!lefll by this amendment. Thmfore, iJI consideration oflhe payments that have already been made oa the origi1>11I Grant Award and Mcmorandllm of Agreemeni and in funher considctation of 1he promises and aiJWments thac follow, 1hc RECIPIENT and the SUBRECJPJENT do mutually l(P'Cll that the prior Grant Award and Memorandum of Alf"mcnl oflhe parties is changed in the following respecu only: 2018 EMPG Gran1 Award Amendment, page I 080519a HCBOC Page 33 Board Meeting Agenda Item Agenda Item L./ C., MEETING DATE: July 15, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: North Carolina Department of Transportation/Public Transportation Division (NCDOT/PTD) "Public Transportation Grant Agreement" 5339 FY2020 REQUESTED BY: Barry A. Blevins REQUEST: General Services Director, Harnett Area Rural Transit System (HARTS) requests the Harnett County Board of Commissioners consider and approve the North Carolina Department of Transportation (NCDOT) FY2020 5339 grant agreement in the amount of$174,000; total County match is $17,400. The grant provides funding for Capital expenses associated with providing public transportation for the citizens of Harnett County. Approved Fiscal Year 2020 budget contains County match. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C :\U sers\apeele\AppData\Local\Microsoft\ Windows\lNetCache\Content.Outlook\9GBZ l 9K9\agendaform2019 (002).docx Page I of2 080519a HCBOC Page 34 INSTRUCTIONS FOR EXECUTING GRANT AGREEMENTS PUBLIC BODY GRANTEES Included in this correspondence is an electronic file in a PDF format of the grant agreement(s) to be executed between the local grant recipient and the North Carolina Department of Transportation . 1. The person officially authorized by resolution of the governing body to accept the department's offer of financial assistance should electronically sign each agreement where indicated . The signature must be witnessed . Stamped signatures are not acceptable . 2. Enter your agency's Federal Tax ID Number and Fiscal Year-End on the signature page . Complete the section on the table for Contract Administrators : For the Contractor: "If Delivered by US Postal Service" and "If Delivered by Any Other Means". 3. Do not date the agreements. This will be done upon execution by the department. 4. Return 1 copy within thirty (30) days via DocuSign . A fully executed agreement will be returned to you via email and will be available for review in EBS upon the approval of your Agreement. In the event the contract cannot be returned within thirty (30) days, please call me immediately at (919) 707-4672. Please note that the department cannot reimburse the grant recipient for any eligible project expenses until the agreements are fully executed. 080519a HCBOC Page 35 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER GOVERNOR JAMES H. TROGDON, ill SECRETARY Mr. Jim Burgin, Chairman County of Hamett PO Box 759 Lillington, North Carolina 27546-0759 RE: FY20 Statewide Capital Grant Project No. 20-39-040R WBS Element: 44637.46 .1.3 Agreement No.: TBD June 6 , 2019 Period of Performance: 7 /1/2019 - 6/30/2020 Dear Chairman Burgin: On February 7, 2019, the Board of Transportation approved your organization 's request for a FY20 Statewide Capital grant in the amount of $174,000. The agreement to be executed between County of Hamett and NCDOT is enclosed. The individual authorized to enter into this agreement for the financial assistance on behalf of your agency will s ign the agreement. Please provide a copy of the agreement to all parties that will be involved in the administration of the grant, and request that the agreement be reviewed carefully. Instructions for completion of the grant agreement process are enclosed. Please refer to Section 6b of the grant agreement that requires sub-recipients to submit monthly or quarterly requests for reimbursement. If you have any question related to the grant agreement, please contact Myra Freeman, Financial Manager at 919-707-4672 or your assigned Accounting Specialist. In any correspondence, please reference your assigned project number, WBS element, Agreement number and period of performance referenced on this Jetter . JC\mf Attachments Mailing Address: Sincerely, . J-~) l ---( ) --c:. -c:R,:,,_ ( . ' JoHanna Cockburn, AICP Interim Director Location: NC DEPARTMENT OF TRANSPORTATION PUBLI C TRAN SPORTATION DIVIS ION 1550 MAJL SERV ICE CENTER Telephone: (919) 707 -4670 Fax: (919) 733-1391 Customer Service: 1-8 77-368 -496 8 I SO UTH Wll.MINGTON STREET RALEIGH, NC 27601 RALEIGH, NC 27699-1550 Website: www.ncdot.gov 080519a HCBOC Page 36 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION and COUNTY OF HARNETT PUBLIC TRANSPORTATION GRANT AGREEMENT FOR BUS AND BUS FACILITY GRANT PROGRAM Federal Award Identification Agreement Number: NCDOT Project Number: 20-39-040R Approved Indirect Cost Rate: NA FAIN Number(s): NC-2019-030-00 CFDA Number: 20.526 DUNS Number: 967707261 Total Amount of Award: $174,000 ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Federal Funded Programs: D 5303 Metropolitan Planning Grant D 5307 Urbanized Area Formula Grant D 5310 Enhanced Mobility of Seniors & Individuals with Disabilities Grant D 5311 Community Transportation Rural Formula Grant D 5311 Appalachian Development Transit Assistance Program Grant D 5311 f Intercity Bus Grant D 5316 Job Access Reverse Commute Grant D 5317 New Freedom Grant ~ 5339 Bus and Bus Facility Grant NCDOT PTD Federal Agreement Revised 6/28/2018 Page 1 of23 080519a HCBOC Page 37 THIS AGREEMENT made this the day of , 20_, (hereinafter referred to as AGREEMENT) by and between the NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as "Department", an agency of the State of North Carolina) and COUNTY OF HARNETT as the "Subrecipient" and together with Department as "Parties "). 1. Purpose of Agreement Do no t-c)4 te.. The purpose of this Agreement is to provide for the I NC. no· I \A). L ~ \ _d ~nd small urban public transportation services as desc, d . cation (here inafter referred to as "Project") and to state the 0.:\-e..., to the manner in which the Project will be undertaken and corr 1ntains the entire agreement between the parties and th /gs or agreements, verbal or otherwise, regarding this Agreen,t:::, 1L c."'"''"'r --__ ... . H forth herein . This Agreement is solely for the benefit of the identified parties to the Agreement and is not intended to give any rights , claims, or benefits to third parties or to the public at large. 2. Availability of Funds All terms and conditions of this Agreement are dependent upon, and , subject to the allocation of funds for the purpose set forth in the Agreement and the Agreement shall automatically terminate if funds cease to be available. 3. Period of Performance This Agreement shall commence upon the date of execution with a period of performance for all expenditures that extends from July 1, 2019 to June 30, 2020. Any requests to change the Period of Performance must be made in accordance with the policies and procedures established by the Department or FT A. The Subrecipient shall commence , carry on , and complete the approved Project in a sound , economical, and efficient manner. 4. Project Implementation a. Scope of Project. The County of Harnett will use 5339 Capital funds to replace a total of four (4) vehicles that have met useful life and purchase: one (1) raised roof van w/o lift, (1) 20' LTV w/lift and two (2) Minivan/Crossovers. b. The Subrecipient shall undertake and complete the project in accordance with the procedures, terms, and conditions herein and as included in the related grant application for financial assistance , the terms of which are i ncorporated by reference . NCDO T PTO Federa l Agreement Revised 6/28/2018 Page 2 of 23 080519a HCBOC Page 38 c. Amendment. Any amendment to this Agreement shall be done in writing and in accordance with established pol icies and procedures and only by mutual consent of the Parties . 5. Cost of Proiect/Proiect Budget The total cost of the Project approved by the Department is ONE HUNDRED SEVENTY FOUR THOUSAND DOLLARS ($174,000) as set forth in the Project Description and Budget, incorporated into this Agreement as Attachment A. The Department shall provide, from Federal and State funds , the percentages of the actual net cost of the Project as indicated below, not in excess of the identified amounts for eligible Administrative , Operating , and Capital expenses . The Subrecipient hereby agrees that it will provide the pe rcentages of the actual net cost of the Project, as ind icated below, and any amounts in excess of the Department's maximum (Federal plus State shares) contribution . The net cost is the price paid minus any refunds, rebates, or other items of value received by the Subrecipient which have the effect of reducing the actual cost. Capital Capital Capital Capital Capital WBS Total Federal (80%) State (10%) Local (10%) 44637.46 .1.3 $174,000 $139,200 $17,400 $17,400 Aoreement # Project Project Project Project Project Total Total Total Federal Total State Total Local $174,000 $139,200 $17,400 $17,400 6 . Project Expenditures, Payments, and Reimbursement a . General. The Department, utilizing available state and federal funds , shall re imburse the Subrecipient for allowable costs for work performed under the terms of this Agreement. b. Reimbursement Procedures . The Subrecipient shall submit for reimbursement all eligible costs incurred within the agreement Period of Performance. i. Claims for reimbursement shall be made no more than monthly or less than quarterly, using the State 's grant system , Enterprise Business Services (EBS) Partner Application . ii. All requests for reimbursement must be submitted w ithin (30) days following the end of the project's reporting period . Any Sub recipient that fails to submit a request for reimbursement for the first two quarters of agreement fiscal year by January 31 or the last two quarters by July 31 will forfeit its ability to receive reimbursement for those periods. NCDOT PTD Fe de ra l Ag reeme nt Revised 6/28/2018 Page 3 of 23 080519a HCBOC Page 39 iii. All payments issued by the Department will be on a reimbursable basis unless the Subrecipient requests and the Department approves an advance payment. iv. Supporting documentation for proof of payment may be requested . c. Subrecipient Funds . Prior to reimbursement , the Subrecipient shall provide the Department with proof that the Subrecipient has met its proportionate share of project costs from sources other than FTA or the Department. Any costs for work not eligible for Federal and State participation shall be financed one hundred percent ( 100%) by the Subrecipient. d. Operating Expenditures. In order to assist in financing the operating costs of the project, the Department shall reimburse the Subrecipient for the lesser of the following when providing operating assistance : i. The balance of unrecovered operating expenditures after deducting all farebox revenue , or ii. The percentage specified in the Approved Project Budget of the allowable total operating expenditures which shall be determined by available funding . e. Travel Expenditures . The Subrecipient shall limit reimbursement for meals, lodging and travel to rates established by the State of North Carolina Travel Policy. Costs incurred by the Subrecipient in excess of these rates shall be borne by the Subrecipient. f. Allowable Costs . Expenditures made by the Subrecipient shall be reimbursed as allowable costs to the extent they meet all of the requirements set forth below. They must be: i. Consistent with the Project Description , plans, specifications, and Project Budget and all other provisions of this Agreement ii. Necessary in order to accomplish the Project iii. Reasonable in amount for the goods or services purchased iv . Actual net costs to the Subrecipient , i.e ., the price paid minus any refunds (eg , refundable sales and use taxes pursuant to NCGS 105- 164.14 ), rebates, or other items of value rece ived by the Subrecipient that have the effect of reducing the cost actually incurred NCDOT PT O Federal Ag reement Revised 6/28/201 8 Page 4 of 23 080519a HCBOC Page 40 v. Incurred (and be for work performed) within the period of performance and period covered of this Agreement unless specific authorization from the Department to the contrary is received vi. Satisfactorily documented vii. Treated uniformly and consistently under accounting principles and procedures approved or prescr ibed by the Department g. Excluded Costs . The Subrecipient understands and agrees that, except to the extent the Department determines otherwise in writing, the Department will exclude: i. Any Project cost incurred by the Subrecipient before the period of performance of the agreement, ii. Any cost that is not included in the latest Approved Project Budget, iii. Any cost for Project property or services received in connection with a third-party contract, sub -agreement, lease, or other arrangement that is required to be, but has not been, concurred in or approved in writing by the Department, and iv . Any cost ineligible for FTA participation as provided by applicable Federal or State laws , regulations, or directives. h. Final Allowability Determination. The subrecipient understands and agrees that payment to the subrecipient on any Project cost does not constitute the Federal or State Government's final decision about whether that cost is allowable and eligible for payment and does not constitute a waiver of any violation by the subrecipient of the terms of this Agreement. The subrecipient acknowledges that the Federal or State Government will not make a final determination about the allowability and eligibility of any cost until an audit of the Project has been completed. If the Federal or State Government determines that the subrecipient is not entitled to receive any portion of the Federal or State assistance the subrecipient has requested or provided, the Department will notify the Subrecipient in writing, stating its reasons . The Subrecipient agrees that Project closeout will not alter the Subrecipient's responsibility to return any funds due the Federal or State Government as a result of later refunds, corrections, or other transactions; nor will Project closeout alter the Federal or State Government's right to disallow costs and recover funds on the basis of a later audit or other review. Unless prohibited by Federal or State law or regulation, the Federal or State Government may recover any Federal or State assistance funds made available for the Project as necessary to satisfy any outstanding monetary claims that the Federal or State Government may have against the Subrecipient. NCDOT PTO Federal Agreement Revised 6/28/2018 Page 5 of 23 080519a HCBOC Page 41 i. Federal or State Claims, Excess Payments, Disallowed Costs. Including Interest. i. Subrecipient's Responsibility to Pay. Upon notification to the Subrecipient that specific amounts are owed to the Federal or State Government, whether for excess payments of Federal or State assistance, disallowed costs, or funds recovered from third parties or elsewhere, the Subrecipient agrees to remit to the Department promptly the amounts owed, including applicable interest and any penalties and administrative charges within 60 days of notification. ii. Interest Paid to the Department. The Subrecipient agrees to remit to the Department interest owed as determined in accordance with NCGS § 147-86.23. iii. Interest and Fees Paid on Federal Funds . For amounts owed by the Subrecipient to the Federal Government, whether for excess payments of Federal assistance, disallowed costs, or funds recovered from third parties or elsewhere, the Subrecipient agrees to remit to the Federal Government promptly the amounts owed, including applicable interest, penalties and administrative charges as established by the Federal Transit Authority Master Agreement with NCDOT. j. De-obligation of Funds . The Subrecipient agrees that the Department may de- obligate unexpended Federal and State funds for grants that are inactive for six months or more. k. Project Closeout. Project closeout occurs when the Department issues the final project payment or acknowledges that the Subrecipient has remitted the proper refund . The Subrecipient agrees that Project closeout by the Department does not invalidate any continuing requirements imposed by this Agreement. 7. Accounting Records a. Establishment and Maintenance of Accounting Records . The Subrecipient shall establish and maintain separate accounts for the public transportation program, either independently or within the existing accounting system. All costs charged to the program shall be in accordance with most current approved Project Budget and shall be reported to the Department in accordance with NCDOT Uniform Public Transportation Accounting System (UPTAS) guide. b. Documentation of Project Costs . All costs charged to the Project, including any approved services performed by the Subrecipient or others, shall be supported by properly executed payrolls, time records , invoices, contracts, or vouchers evidencing in detail the nature and propriety of the charges. NCDOT PTO Federal Agreeme nt Revised 6/28/2018 Page 6 of 23 080519a HCBOC Page 42 8 . Reporting, Record Retention, and Access a. Progress Reports. The Subrecipient shall advise the Department, through EBS, regarding the progress of the Project at a minimum quarterly, and at such time and in such a manner as the Department may require . Such reporting and documentation may include , but not be limited to : operating statistics , equipment usage , meetings , progress reports , and monthly performance reports. The Subrecipient shall collect and submit to the Department such financial statements, data, records, contracts, and other documents related to the Project as may be deemed necessary by the Department. Reports shall include narrative and financial statements of sufficient substance to be in conformance with the reporting requirements of the Departmen t. Progress reports throughout the useful life of the project equipment shall be used, in part , to document util ization of the project equipment. Failure to fully utilize the project equipment in the manner directed by the Department shall constitute a breach of contract , and after written notification by the Department, may result in termination of the Agreement or any such remedy as the Department deems appropriate . b. Failure to comply with grant reporting and compliance guidelines set forth in the NCDOT PTO State Management Plan could result in financial penalties up to and including loss of current and future grant funding . c. Record Retention . The Subrecipient and its third party subrecipients shall reta i n all records pertaining to this Project for a period of five (5) years from the date of final payment to the Subrecipient, or until all audit exceptions have been resolved, whichever is longer. d . Project Closeout. The Subrecipient agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. e. State Auditor Oversight. The Subrecipient agrees to audit oversight by the Office of the State Auditor, to provide the Office of the State Auditor with access to accounting records, and to make available any audit work papers in the possession of any auditor of the Subrecipient. f. Financial Reporting and Audit Requirements . In accordance with 09 NCAC 03M.0205, all reports shall be filed with the Department in the format and method specified by the agency no later than three (3) months after the end of the recip ient's fiscal year, unless the same information is already required through more frequent reporting . Audit Reports must be provided to the funding agency no later than nine (9) months after the end of the recipient's fiscal year. g . Parts Inventory. Financial audits must address parts inventory management. NCDOT PT D Fede ral Agreeme nt Revised 6/28/2018 Pa ge 7 of 23 080519a HCBOC Page 43 h. Third Party Loans. Within 30 days of receipt , the Subrecipient shall d isclose to the Department any loans received from a local government entity or other entity not party to this agreement. i. Audit Costs . Unless prohibited by law, the costs of audits made in accordance with Title 2 CFR 200, Subpart F "Audit Requirements" are allowable charges to State and Federal awards. The charges may be considered a direct cost or an allocated indirect cost, as determined in accordance with cost principles outlined in Title 2 CFR 200, Subpart E "Cost Principles." The cost of any audit not conducted in accordance with Title 2 CFR 200 and NCGS§ 159-34 is unallowable and shall not be charged to State or Federal grants. 9. Compliance with Laws and Regulations a . No terms herein shall be construed in a manner that conflicts with the rules and regulations of the Department or with state or federal law. b. The Subrecipient agrees to comply with all applicable state and federal laws and regulations, including titles 09 NCAC 3M and 19A NCAC 58, as amended. 10. Conflicts of Interest Policy The subrecipient agrees to file with the Department a copy of the subrecipient's policy addressing conflicts of interest that may arise involving the subrecipient's management employees and the members of its board of directors or other governing body. The subrecipient's policy shall address situations in which any of these individuals may directly or indirectly benefit, except as the subrecipient's employees or members of its board or other governing body, from the subrecipient's disbursing of State funds, and shall include actions to be taken by the subrecipient or the individual, or both, to avoid conflicts of interest and the appearance of impropriety. The conflicts of interest policy shall be filed with the Department prior to the Department disbursing funds to the subrecipient. Prohibition on Bonus or Commission Payments The Subrecipient affirms that it has not paid and will not pay any bonus or commission to any party to obtain approval of its Federal or State assistance application for the Project. 11. Tax Compliance Certification The Subrecipient shall complete and submit to the Department a sworn written statement pursuant to NCGS 143C-6-23( c ), stating that the Subrecipient does not have any overdue tax debts, as defined by GS 105-243.1, at the Federal, State, or local level. The Subrecipient acknowledges that the written statement must be submitted to the Department prior to execution of this Agreement and disbursement of funds . The certification will be incorporated into this Agreement as Attachment 8. NC DOT PTO Federal Agreement Revised 6/28/2 018 Page 8 of 23 080519a HCBOC Page 44 12. Assignment a. Unless otherwise authorized in writing by the Department, the Subrecipient shall not assign any portion of the work to be performed under th is Agreement , or execute any contract, amendment, or change order thereto, or obligate itself in any manner with any third party with respect to its rights and responsibilities under this Agreement without the prior written concurrence of the Department. b. The Subrecipient agrees to incorporate the terms of this agreement and any applicable State or Federal requirements into written third -party contracts , sub- agreements , and leases, and to take the appropriate measures necessary to ensure that all Project participants comply with applicable Federal and State laws, regulations, and directives affecting their performance, except to the extent the Department determines otherwise in writing . 13. Hold Harmless. Except as prohibited or otherwise limited by law, the Subrecipient agrees to indemnify, save , and hold harmless the Department, the State of North Carolina and the United States of America and its officers, agents , and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Subrecipient of proprietary rights , copyrights , or right of privacy , arising out of the publication , translation , reproduction, delivery, use , or disposition of any data furnished under the Project. 14. Real Property, Equipment, and Supplies. Federal or State Interest. The Subrecipient understands and agrees that the Federal or State Government retains an interest in any real property, equipment, and supplies financed with Federal or State assistance (Project property) until , and to the extent, that the Federal or State Government relinquishes its Federal or State interest in that Project property. NCDOT shall be informed and included in all ribbon cuttings / dedications/ groundbreakings. With respect to any Project property financed with Federal or State assistance under this Agreement, the Subrecipient agrees to comply with the following provisions, except to the extent FTA or the Department determines otherwise in writing : a . Use of Project Property. The Subrecipient agrees to maintain continuing control of the use of Project property. The Subrecipient agrees to use Project property for appropriate Project purposes (which may include joint development purposes that generate program income, both during and after the award period and used to support public transportation activities) for the duration of the useful life of that property, as required by FTA or the Department. Should the Subrecipient unreasonably delay or fail to use Project property during the useful life of that property, the Subrecipient agrees that it may be required to return the entire amount of the Federal and State assistance expended on that property. The NCDOT PTO Federa l Ag reement Re vised 6/28/20 18 Page 9 of 23 080519a HCBOC Page 45 Subrecipient further agrees to notify the Department immediately when any Project property is withdrawn from Project use or when any Project property is used in a manner substantially different from the representations the Subrecipient has made in its Application or in the Project Description for this Agreement for the Project. In turn, the Department shall be responsible for notifying FTA. b. Maintenance and Inspection of Vehicles . The Subrecipient shall maintain vehicles at a high level of cleanliness, safety, and mechanical soundness in accordance with the minimum maintenance requirements recommended by the manufacturer and comply with the Department's State Management Plan ("SMP"). The Subrecipient shall register all vehicle maintenance activities into the Department's Asset Management System (AssetWorks) or an electronic version of same . The Department shall conduct frequent inspections to confirm proper maintenance pursuant to this subsection and the SMP. The Subrecipient shall collect and submit to the Department at such time and in such manner as it may require information for the purpose of the Department's Asset Management System (AssetWorks) and the Transit Asset Maintenance ("TAM") Plan. c. Maintenance and Inspection of Facilities and Equipment. The Subrecipient shall maintain any Project facility, including any and all equipment installed into or added on to the facility as part of the Project , in good operating order and at a high level of cleanliness, safety and mechanical soundness in accordance with good facility maintenance and upkeep practices and in accordance with the minimum maintenance requirements recommended by the manufacturer for all equipment installed in or added to the facility as part of the Project. Such maintenance shall be in compliance with applicable Federal and state regulations or directives that may be issued, except to the extent that the Department determines otherwise in writing. The Subrecipient shall document its maintenance program in a written plan . The Department shall conduct inspections as it deems necessary to confirm proper maintenance on the part of the Subrecipient pursuant to this subsection and SMP . Such inspections may or may not be scheduled ahead of time but will be conducted such that they shall not significantly interfere with the ongoing and necessary functions for which the Project was designed. The Subrecipient shall make every effort to accommodate such inspections by the Department in accordance with the Department's desired schedule for such inspections. d . The Subrecipient shall collect and submit to the Department at such time and in such manner as the Department may require information for the purpose of updating the TAM Plan Inventory and any and all other reports the Department deems necessary. The Subrecipient shall also maintain and make available to the Department upon its demand all documents , policies, procedures, purchase orders, bills of sale , internal work orders and similar items that demonstrate the Subrecipient's maintenance of the facility in good operating order and at a high level of cleanliness, safety and mechanical soundness . e. Incidental Use . The Subrecipient agrees that any incidental use of Project property will not exceed that permitted under applicable laws , regulations , and directives. NCDOT PTO Federal Agreement Revised 6/28/2018 Page 10 of23 080519a HCBOC Page 46 f. Title to Vehicles . The Certificate of Title to all vehicles purchased under the Approved Budget for this Project shall be in the name of the Subrecipient. The Department's Pub l ic Transportation Division shall be recorded on the Certificate of Title as first lien-holder. In the event of project termination or breach of contract provisions, the Subrecipient shall, upon written notification by the Department, surrender Project equipment and/or transfer the Certificate(s) of Title for Project equ ipment to the Department or the Department's designee within 30 days of request. g. Encumbrance of Project Property. The Subrecipient agrees to maintain satisfactory continuing control of Project property as follows : (1) Written Transactions . The Subrecipient agrees that it w ill not execute any transfer of title, lease, lien, pledge, mortgage , encumbrance , third party contract , subagreement, grant anticipation note , alienation, innovative finance arrangement (such as a cross border lease, leveraged lease, or otherwise), or any other obligation pertaining to Project property, that in any way would affect the continuing Federal and State interest in that Project property. (2) Oral Transactions . The Subrecipient agrees that it will not obligate itself in any manner to any third party with respect to Project property. (3) Other Actions. The Subrecipient agrees that it will not take any action adversely affecting the Federal and State interest in or impair the Subrecipient's continuing control of the use of Project property . h. Alternative Use. Transfer. and Disposition of Project Property. The Subrecipient understands and agrees any alternative uses , transfers, or disposition of project property must be approved by the Department and done in accordance with Departmental procedures . i. Insurance Proceeds . If the Subrecipient receives insurance proceeds as a result of damage or destruction to the Project property, the Subrecipient agrees to: (1) Apply those insurance proceeds to the cost of replacing the damaged or destroyed Project property taken out of service , or (2) Return to the Department an amount equal to the remaining Federal and State interest in the damaged or destroyed Project property. j . Misused or Damaged Project Property. If any damage to Project property results from abuse or misuse occurring with the Subrecipient 's knowledge and consent, the Subrecipient agrees to restore the Project property to its original condition or refund the value of the Federal and State interest in that property, as the Department may require . NCDOT PTO Fede ra l Agree ment Revised 6/28/20 18 P age 11 of 23 080519a HCBOC Page 47 k . Responsibil ities after Project Closeout. The Subrecipient agrees that Project closeout by the Department wi ll not change the Subrecipient's Project property management responsibilities , and as may be set forth in subsequent Federal and State laws , regulations, and directives , except to the extent the Department determines otherwise in writing . 15. Insurance The Subrecipient shall be responsible for protecting the state and/or federal financia l interest in the facility construction/renovation and equ ipment purchased under th is Agreement throughout the useful life . The Subrecipient shall provide , as frequently and in such manner as the Department may require , written documentation that the facility and equipment are insured against loss in an amount equal to or greater than the state and/or federal share of the real value of the facility or equipment. Failure of the Subrecipient to provide adequate insurance shall be considered a breach of contract and , after notification may result in termination of this Agreement. In addition, other insurance requirements may apply. The Subrecipient agrees to comply with the insurance requirements normally imposed by North Carolina State and loca l laws, regulations , and ordinances, except to the extent that the Department determines otherwise in writing . 16. Termination a . Either party may terminate the Agreement by providing 60 days written notice to the other party, or as otherwise permitted by law. b. Should the Subrecipient terminate the Agreement without the concurrence of the Department , the Subrecipient shall reimburse the Department one hundred percent (100%) of all costs expended by the Department and associated w ith the work. 17. Additional Repayment Requirements and Remedies a . The repayment requirements and remedies addressed in this Paragraph are in addition to those repayment requirements and other remedies set forth elsewhere in this Agreement, including the requirements to repay unspent funds . No remedy conferred or reserved by or to the Department is intended to be exclusive of any other available remedy o r remed ies , but each and every such remedy shall be cumulative and shall be in addition to every other remedy prov ided for in this Agreement, or now or hereinafter existing at law, in equity, or by statute, and any such right or power may be exercised from time to time and as often as may be deemed expedient. b. If there is a breach of any of the requirements, covenants or agreements in this Agreement (including, without limitation, any reporting requirements), or if there are any representations or warranties which are untrue as to a material fact i n this Agreement or in relation to the Project (including the performance thereof), NCDOT PTO Federal A greeme nt Revised 6/2 8 /2 01 8 Page 12 of 23 080519a HCBOC Page 48 the Subrecipient agrees that the Department may require repayment from the Sub recipient of an amount of funds to be determined in the Department's sole discretion but not to exceed the amount of funds the Subrecipient has already received under th is Agreement. 18. Civil Rights and Equal Opportunity Under this Agreement, the Subrecipient shall at all times comply with the requirements included as part of this agreement in the Federal Terms and Conditions . 19. Choice of Law and Venue This agreement is to be interpreted according to the laws of the State of North Carolina . The Parties hereby agree that the proper venue for any claims filed as a result of this Agreement shall be the Superior Court of Wake County , North Carolina . 20. Severability If any provision of the FTA Master Agreement or this Agreement for the Project is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable Federal or State laws or regulations . 21. Incorporated Terms and Conditions In addition to the Terms and Conditions contained in this agreement and the terms and conditions included in the grant application, which are hereby incorporated by reference, additional terms and conditions incorpo rated by reference into this agreement are checked below . ~ Federal Terms and Conditions, Attached NC DOT PTO Federal Agreeme nt Revi sed 6/28/2018 Page 13 of 23 080519a HCBOC Page 49 22. Federal Terms and Conditions State Management Plan. The State Management Plan for Federal and State Transportation Programs and any subsequent amendments or revisions thereto, are herewith incorporated by reference, and are on file with and approved by the Department. Nothing shall be construed under the terms of this Agreement by the Department or the Subrecipient that shall cause any conflict with Department, State, or Federal statutes, rules , or regulations . Allowable Costs . Eligible costs are those costs attributable to and allowed under the FTA program and the provisions of 2 CFR Parts 200 and 1201, "Uniform Administrative Requirements , Cost Principles, and Audit Requirements for Federal Awards." No Federal Government Obligations to Third Parties . The Subrecipient acknowledges and agrees that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Agreement, absent the express written consent by the Federal Government, the Federal Government is not a party to this Agreement and shall not be subject to any obligations or liabilities to the Subrecipient or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Agreement. The Subrecipient agrees to include the above clause in each contract financed in who le or in part with Federal assistance provided by the FT A. It is further agreed that the clause shall not be modified , except to identify the subcontractor who will be subject to its provis ions. Program Fraud and False or Fraudulent Statements or Related Acts. The Subrecipient acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended , 31 USC§ 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies ," 49 CFR part 31, apply to its actions pertaining to this project. Upon execution of the underlying Agreement, the Subrecipient certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying Agreement or the FTA assisted project for which this Agreement work is being performed . In addition to other penalties that may be applicable, the Subrecipient furthe r acknowledges that if it makes, or causes to be made , a false, fictitious, or fraudulent claim, statement, submission, or certification , the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Subrecipient to the extent the Federal Government deems appropriate . The Subrecip ient also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission , or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FT A under the authority of 49 USC chapter 53, the Government reserves the right to impose the penalties of 18 USC § 1001 and 49 USC § 5323(1) on the Subrecipient, to the extent the Federal Government deems appropriate. NCDOT PTO Federa l Ag reem ent Rev ised 6/28/20 18 Page 14 of23 080519a HCBOC Page 50 The Subrecipient agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FT A. It is further agreed that the clauses shall not be modified , except to identify the subcontractor who will be subject to the provisions. Access to Records and Reports . a . Record Retention . The Subrecipient will reta in, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the Agreement, including, but not limited to, data, documents, reports, statistics, sub- agreements, leases, subcontracts, arrangements , other third-party agreements of any type , and supporting materials related to those records. c. Access to Records. The Subrecipient agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this Agreement as reasonably may be required . d . Access to the Sites of Performance. The Subrecipient agrees to permit FTA and its contractors access to the sites of performance under this Agreement as reasonably may be required. Federal Changes . The Subrecipient agrees to comply with all applicable federal requirements and federal guidance . All the standards or limits included in this agreement are minimum requirements. The federal requirements and guidance that applied at the time of the award this Agreement may be modified from time to time, and the modifications will apply to the Subrecipient. Civil Rights and Equal Opportunity. Under this Agreement, the Subrecipient shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. 1. Nondiscrimination. In accordance with Federal transit law at 49 USC § 5332 , the Subrecipient agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age . In addition, the Subrecipient agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue . 2. Race. Color. Religion. National Origin. Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 USC§ 2000e et seq., and Federal transit laws at 49 USC§ 5332 , the Subrecipient agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 CFR chapter 60 , and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 USC§ 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 USC § 2000e note . The Subrecipient agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion , national origin, or sex (including sexual orientation and gender identity). Such NCDOT PTD Federal Agreement Revised 6/28/2018 Page 15 of 23 080519a HCBOC Page 51 action shall include, but not be limited to , the following : employment, promotio n, de m otion or transfer, recruitment or recruitment advertising, layoff or term ination ; rates of pay o r other forms of compensation ; and selection for training , including apprenticeship. In addition , the Subrecip ient agrees to comply with any implementing requirements FTA may issue. 3. Age. In accordance with the Age Discrimination in Employment Act, 29 USC §§ 621634 , U.S. Equal Employment Opportunity Commiss ion (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 CFR part 1625, the Age Discrimination Act of 1975, as amended, 42 USC§ 6101 et seq., U.S . Health and Human Services regulations , "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance ," 45 CFR part 90 , and Federal transit law at 49 USC § 5332 , the Subrecipient agrees to refrain from discrimination against present and prospective employees for reason of age . In addition , the Subrecipient agrees to comply with any implementing requirements FT A may issue. 4 . Disabilities. In accordance w ith section 504 of the Rehabilitation Act of 1973, as amended , 29 USC § 794, the Americans with Disabilities Act of 1990 , as amended, 42 USC§ 12101 et seq ., the Architectural Barriers Act of 1968, as amended, 42 USC§ 4151 et seq ., and Federal transit law at 49 USC § 5332 , the Subrecipient agrees that it will not discriminate against individuals on the basis of disability. In addition, the Subrecipient agrees to comply with any implementing requirements FT A may issue. D isadvantaged Business Enterprises. It is the policy of the North Carolina Department of Transportation that Disadvantaged Business Enterprises (DBEs) as defined in 49 CFR Part 26 shall have the equal opportunity to compete fairly for and to participate in the performance of contracts financed in whole or in part by Federal Funds. The Subrecipient is also encouraged to give every opportunity to allow DBE participation in Supplemental Agreements. The Subrecipient, subconsultant , and subcontractor shall not discriminate on the basis of race , religion , color, national origin, age, disability or sex in the performance of this contract. The Subrecipient shall comply with applicable requirements of 49 CFR Part 26 in the award and administration of federally assisted contracts. Failure by the Subrecipient to comply with these requirements is a material breach of this contract, which will result in the termination of th is contract or such other remedy, as the Department deems necessary. When payments are made to Disadvantaged Business Enterprise (DBE) Subrecipients, including material suppliers , Subrecipients at all levels (Subrecipient , Subconsultant or Subrecipient) shall provide the Contract Adm inistrator with an accounting of said payments. The accounting shall be listed on the Department's Subrecipient Payment Information Form (Form DBE-IS). In the event the Subrecipient has no DBE participation, the Subrecipient shall indicate this on the Form DBE -IS by entering the word 'None ' or the number 'zero' and the form shall be s igned. Form DBE-IS may be accessed on the website at: https://apps .dot.state.nc.us/quic kfind/forms/Default.aspx . A responsible fiscal officer of the payee Subrecipient, subconsultant or Subrecipient who can attest to the date and amounts of the payments shall certify that the accounting is NCDOT PTO Federal Agree ment Revised 6/28/20 18 Page 16 of 23 080519a HCBOC Page 52 correct. A copy of an acceptable report may be obtained from the Department of Transportation . This information shall be submitted as part of the requests for payments made to the Department. Prompt payment provisions. When a subcontractor has performed in accordance with the provisions of his contract, the contractor shall pay to his subcontractor and each subcontractor shall pay to his subcontractor, within seven days of receipt by the contractor or subcontractor of each periodic or final payment, the full amount received for such subcontractor's work and materials based on work completed or service provided under the subcontract NCGS §22C-1 . Incorporation of FTA Terms. Provisions of this Agreement include, in part, certain standard terms and conditions required by the U.S. DOT. All contractual provisions required by the U.S. DOT, as set forth in FTA Circular 4220 .1, as amended, are incorporated by reference. Anything to the contrary herein notwithstanding, all FTA- mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Subrecipient shall not perform any act, fail to perform any act, or refuse to comply with any Department request, which would cause the Department to be in violation of FTA terms and conditions, as referenced in the current FT A Master Agreement shall prevail and be the instrument governing the receipt of Federal assistance from the Federal Transit Administration. Energy Conservation . The Subrecipient agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Debarment, Suspension, Ineligibility and Voluntary Exclusion. The Subrecipient shall comply and facilitate compliance with U.S . DOT regulations , "Non-procurement Suspension and Debarment," 2 CFR part 1200, which adopts and supplements the U .S . Office of Management and Budget (U.S. 0MB) "Guidelines to Agencies on Government- wide Debarment and Suspension (Non-procurement)," 2 CFR part 180. As such, the Subrecipient shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded Agreement and are not presently declared by any Federal department or agency to be : a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award ; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or f) Disqualified from participation in ay federally assisted Award. By signing and submitting this Agreement, Subrecipient certifies as follows: NCDOT PTO Fede ra l Agreement Revised 6/28/2018 P age 17 of23 080519a HCBOC Page 53 The certification in this clause is a material representation of fact relied upon by the Department. If it is later determined by the Department that the Subrecipient knowingly rendered an erroneous certification , in addition to remedies available to the Department, the Federal Government may pursue available remedies , including but not limited to suspension and/or debarment. The Subrecipient agrees to comply with the requirements of 2 CFR part 180, subpart C , as supplemented by 2 CFR part 1200, throughout the period of this Agreement. The Subrecipient further agrees to include a prov ision requiring such compliance in its lower tier covered transactions . These provisions apply to each contract at any tier of $25 ,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FT A official irrespective of the contract amount. Lobbying Rest rictions . The Subrecipient agrees that neither it nor any third-party participant will use federal assistance to influence any officer or employee of a federal agency, member of Congress or an employee of a member of Congress, or officer or employee of Congress on matters that involve th is agreement, including any extension or modification, according to the following : (1) Laws, Regulations, Requirements, and Gu idance. This includes: (a) The Byrd Anti-Lobbying Amendment, 31 USC§ 1352, as amended, (b) U.S . DOT regulations , "New Restrictions on Lobbying ," 49 CFR part 20 , to the extent consistent with 31 USC§ 1352, as amended , and (c) Other applicable federal laws, regulations, requirements, and guidance prohibiting the use of federal assistance for any activity concerning legislation or appropriations designed to influence the U.S . Congress or a state legislature , and (2) Exception . If permitted by applicable federal law, regulations, requirements, or guidance, such lobbying activities described above may be undertaken through the subrecipient's proper official channels . The Subrecipient agrees to submit a signed and dated Certification on Lobbying that appears in the attachment. Clean Air Act and Federal Water Pollution Control Act. The Subrecipient agrees: 1) It will not use any violating facilities; 2) It will report the use of facilities placed on or likely to be placed on the U.S. EPA "List of Violating Facilities ;" 3) It will report violations of use of prohibited facilities to FTA; and 4) It will comply with the inspection and other requ irements of the Clean Air Act , as amended , (42 USC§§ 7401 -7671q); and the Federal Water Pollution Control Act as amended , (33 USC§§ 1251-1387). NC DOT PTO Federa l Ag reement Revised 6/28/2 01 8 Page 18 of 2 3 080519a HCBOC Page 54 Public Transportation Employee Protective Arrangements . The Subrecipient agrees to comply with the following employee protective arrangements of 49 USC § 5333(b ): 1. Sections 5307 and 5339 . Under this Agreement or any Amendments thereto that involve publ ic transportation operations that are supported with 49 USC § 5307 or 49 USC§ 5339 federa l assistance, a certification issued by U.S . DOL is a condition of the Contract. 2 . Section 5311 . When the Agreement involves public transportation operations and is supported with federal assistance appropriated or made available for 49 USC § 5311 , U.S. DOL will provide a Special Warranty for its Award . The U.S . DOL Special Warranty is a cond ition of the Agreement. 3. Section 5310 . The conditions of 49 USC § 5333(b) do not apply to Subrecipients providing public transportation operations pursuant to 49 USC§ 5310. FTA reserves the right to make case-by-case determinations of the applicability of 49 USC § 5333(b) for all transfers of funding authorized under title 23 , United States Code (flex funds), and make other exceptions as it deems appropriate , and, in those instances, any special arrangements required by FTA will be incorporated herein as required . Charter Service . The Subrecipient agrees to comply with 49 USC 5323(d), 5323(r), and 49 CFR part 604, which provides that recipients and subrecipients of FT A ass istance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under: 1. Federal transit laws, specifically 49 USC§ 5323(d); 2 . FTA regulations , "Charter Service ," 49 CFR part 604 ; 3 . Any other federal Charter Service regulations; or 4 . Federal guidance , except as FTA determines otherwise in writing. The Subrecipient agrees that if it engages in a pattern of violations of FTA's Charter Service regulations, FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include : 1 . Barring it or any subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FT A ; 2. Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA's Charter Service regulat ions ; or 3. Any other appropriate remedy that may apply . The Subrecipient should also include the substance of this clause in each subcontract that may involve operating public transit services . NCDOT PTD Federa l Ag ree ment Revised 6/28/2018 Page 19 of 23 080519a HCBOC Page 55 School Bus Operations. The Subrecipient agrees to comply with 49 USC 5323(f), and 49 CFR part 605, and not engage in school bus operations using federally funded equipment or facilities in competition with private operators of school buses, except as permitted under: 1 . Federal transit laws, specifically 49 USC § 5323(f); 2 . FTA regulations , "School Bus Operations," 49 CFR part 605; 3. Any other Federal School Bus regulations; or 4. Federal guidance, except as FTA determines otherwise in writing. If Subrecipient violates this School Bus Agreement, FT A may: 1. Bar the Subrecipient from receiving Federal assistance for public transportation; or 2. Require the Subrecipient to take such remedial measures as FT A considers appropriate . When operating exclusive school bus service under an allowable exemption , the contractor may not use federally funded equipment, vehicles, or facilities. The Subrecipient shall include the substance of this clause in each subcontract or purchase under this contract that may operate public transportation services. Substance Abuse Requirements (Recipients of Sections 5307, 5311. and 5339 funds Q!l!Y}. The Subrecipient agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR parts 40 and 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations or the Department to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR part 655 and review the testing process. The Subrecipient agrees further to submit the Drug and Alcohol Management Information System (DAMIS) reports before February 15 to NCDOT Public Transportation Compliance Office or its designee. 23. Contract Administrators. All notices permitted or required to be given by one Party to the other and all questions about this Agreement from one Party to the other shall be addressed and delivered to the other Party's Contract Administrator. The name , postal address, street address, telephone number, fax number, and email address of the Parties' respective initial Contract Administrators are set out below. Either Party may change the name, postal address, street address, telephone number, fax number, or email address of its Contract Administrator by giving timely written notice to the other Party. NCDOT PTO Federal Agreement Revised 6/28/2018 Page 20 of 23 080519a HCBOC Page 56 For the Department: Name: Title: Agency: Email: MSC: Myra Freeman Financial Manager NCDOT/PTD Msfreeman1@ncdot.gov 1550 Mail Service Center -Raleigh , NC 27699-1550 Physical Address: 1 S. Wilmington St, Rm 542, Transportation Building, Raleigh, NC 27601 Phone: 919-707-4672 Fax: 919-733-2304 For the Subrecipient: Name: Title : Agency: Email: Phone: NCDOT PTO Federal Ag reement Revised 6/28/20 18 Page 21 of23 080519a HCBOC Page 57 IN WITNESS WHEREOF, this Agreement has been executed by the Department, an agency of the State of North Carolina, and the Subrecipient by and through a duly authorized representative and is effective the date and year first above written . SUBRECIPIENT'S FEDERAL TAX ID NUMBER: SUBRECIPIENT'S FISCAL YEAR END : ATIEST: TITLE: ATIEST: TITLE: NCDOT PTO Federal Agreement Revised 6/28/2018 BY: TITLE : BY: TITLE : COUNTY OF HARNETT 5<.c-/.pOD03Dlo JUNE 30, 2020 ... CHAIRPERSPN : : : • .. • • • • Cjl ... DEPARTMENT. OF. ....... TRANSPORTATION DEPUTY SECRETARY FOR MUL Tl-MODAL TRANSPORTATION Page 22 of23 080519a HCBOC Page 58 Attachment Certification Regarding Lobbying The Subrecipient certifies , to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal , amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying ," in accordance with its instructions . (3) The Subrecipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (includ ing subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U .S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure . .~.!.i:!_.}·::=.· ~-:·:·:·:·:·: miz! Subrecipient's Authorized Representative: ~ ~ 11, Title C.ba i C mcrn o+ :±be f3oo rd a t CDa:::rr:l 1Si~;~::::;: Date: NC DOT PTO Fede ra l Ag reement Revised 6/28/201 8 Page 23 of23 080519a HCBOC Page 59 PUBLIC TRANSPORTATION PROGRAM RESOLUTION FY 2020 RESOLUTION Section 5311 (including ADTAP), 5310, 5339, 5307 and applicable State fundlng, or combination thereof. App licant seekin-g permission to apply for Publi~ Transportation Program funding , enter into agreement with the North C arolin a Department of Transportation, provide the ne cessary assurances and the required local match . A mo!ion was made ~yc~~:.ss;'7,,er Abe. £lmcC('9nd seconded byCe,,,n,,'ssi9bec HowaJ&c.,..yforthe adoptton o f the following re solution, and upon being put to a vote was duly adopted . WHEREAS, Article 2B of Chapter 136 of the NO'rth Carolina General' Statutes and the Governor of North Carolina have designat ed the North Caroltna Department of Transportation (NCDOT) as the agency resp.onsible for administ ering federal and state public tran sportation funds: and WHEREAS, the North Carolitla Department of Transportation will apply for a grant from the US Department of Transportation , Federal Transit Admin istration and receives funds from the North Carolina General Assembly to provide assistance for ruraf public transportation projects; a nd WHEREAS, the purpose of these transportation funds is to provide grant monres t o local agehcies for the provision of rural, small urban , and urban public transportation services consistent wit h the pol icy requ irements of each funding source fo r planni ng, community and agency involvement; service design, service alternatives, training and conference participation , reportin9 and other requirements (drug and alco hol testing policy and program , disadvantaged business enterprise program, and funy allocated costs analysis); and WHEREAS, the funds applted for may be Administrative , Operating, Planning, or Capitaf funds and will have different percentages of federal. state , and local funds. WHEREAS, non-Community Transportatiot1 applicants may apply for funding for "purchase-of-service" projects under the Capital budget Section 6310 program. WHEREAS , County of Harnett hereby assures arid certifies that It w ill provide the required loc al matching funds ; that its staff has th e te chnical capacity to implement and manage the project(s), prepare required reports , obtain required training, attend meetings and conferences : and agrees to compl y with the federal and state statutes, regulations. executive orders , Section 5333 {q ) Warranty, and all administrative requirements related to the applications made to and grants received from the Federal Transit Administration, as well as the provisions of Section 1001 of Title 18, U.S. C . WHEREAS , the applicant has or will provide all annual certifications and assurances to the State of North Carolina required for the project; Re vi seq 04·26-18 080519a HCBOC Page 60 NOW. THEREFORE , be it resolved that the Chairman of Harnett County Board of Commissfoners is hereby authorized to submit grant application (s) for federal' and state funding in response to NCOOT's calls for projects, make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT t o provide rural. small urban, and urban public transportation services. *" The approved resolution allows the Authorized Representative to receive, sign, and return the contract(s) for the grant(s) applied for without the contract(s) resubmitted to the applicants Board for review. I Margaret Regina Wheeler, Clerk to the Board of Commissioners do hereby certify that the above is a true and correct copy of an excerpt from the mitiute·s of a meeting of the Harnett County Board of Commissioners duly held on the 15th day-of October, 2018. ( Jni ·· _/( ~ -Sig-na_tu_re.._bi_cerlifymg OfficJaf I ...-.......----- • Note that the authorized official, certifying official, and notary public should be three separate lnd;viduals . Sea/ Subscribed and swo~n to me (date) ~11bec 15.~I g. -(ftur.¥'.~;j { &k~J~.,fk ------ 1J;;ri,~~~~ . ' I J'li!.'...cO <!re 't ~~..W.h~---·- ~_b~_!15-'l. J:..t'..l~tu' _ ~7{YYL--Pnnted Name andl(ddress , t-f4_..~et{ (OWA'{.y, o,-'l{i ~v-o t: ~a. My commission expires (date) ~Y ~ dlOI 9 __ 1 2 .. -.,oooo\-••••••••••• .. •••hhH>o,h,••••••-••t•~••••••H -•••••••H•••'""·--•-••••OO, .. l R~viscd 04-26-1'8 080519a HCBOC Page 61 PROGRAM SUMMARY SHEET REQUIREMENTS 5339 Bus and Bus Facilities NORTH CAROLINA Department of Transportation FEDERAL Capital -... This guidance is for all subrecipients receiving planning assistance to support to replace , rehabilitate and purchase buses and related equipment and to construct bus-related PRINCIPLE facilities including technological changes or innovations to modify low or no emission vehicles or facilities. Funding is provided through formula allocations and competitive grants . A sub-program provides competitive grants for bus and bus facility projects that support low and zero-emission vehicles . Eligible subrecipients: NCDOT is the designated recipient. Subrecipients may be public agencies or private nonprofit organizations engaged in public transportation in rural and ELIGIBLE small urban areas. SUBRECIPIENTS and Capital projects to replace , rehabilitate and purchase buses , vans, and related equipment, ACTIVITIES and to construct bus-related facilities, including technological changes or innovations to modify low or no emission vehicles or facilities . Subrecipients must have sufficient funds to operate and maintain the NCDOT-funded FINANCIAL program, and plan for any future program needs . Subrecipients must have fiscal control CAPACITY and and accounting procedures sufficient to permit tracking and reporting of grant funds. Any MANAGEMENT funds borrowed from a parent organization or governmental organization must be reported to NCDOT within 15 days. Subrecipients that expend more than $500,000 in federal funds from all sources per 09 AUDIT REPORTS and NCAC 03M .0205 Minimum Reporting Requirements for Recipients and Subrecipients FINANCIAL (including federal funds provided through NCDOT) in a year must submit the annual single STATEMENTS audit required and evidence of resolution of findings related to the transit program to NCDOT. VEHICLE TITLES Subrecipients will title the equipment and NCDOT Public Transportation Division be named first lien holder. NCDOT will maintain the title documentation in its files . When the project equipment has been replaced , NCDOT will release the lien. Useful life standards are maintained in NCDOT's Transit Asset Management (TAM) Tier II Sponsored Plan . This inventory is updated on an annual basis . INSURANCE Subrecipients will maintain insurance as defined in the procedures. MAINTENANCE Subrecipients will maintain project equipment at a high level of cleanliness, safety, and mechanical soundness. An 80 percent on-time performance standard for equipment and wheelchair lifts has been set. All maintenance activities are entered into Trapeze EAM and performance is monitored . FTA-and State-funded facilities require a written maintenance plan and annual submission of the maintenance performed. PROGRAM Subrecipients are required to report monthly or quarterly when claims are submitted and at the end of the year with the final claim . Penalties will be imposed when reports have not REPORTING been submitted by the published reporting deadlines. 1 080519a HCBOC Page 62 PROGRAM SUMMARY SHEET REQUIREMENTS Section 5339 Circular -C 5100.1 Award Management Requirements 5010.1 E REFERENCES OMB 's Uniform Administrative Requirements 2 CFR 200 NC Public Tran sportation Business Guide 09 NCAC 03M .0205 Minimum Reporting Requirements for Recipients and Subrecipients State Management Plan UPDATES/REVISIONS Original Date: 4/20/2018 Last Amended Date : 2 080519a HCBOC Page 63 APPENDIX A NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION PROJECT NUMBER: 20-39-040R APPROVED BUDGET SUMMARY EFFECTIVE DATE JULY 1, 2019 PROJECT SPONSOR: COUNTY OF HARNETT PROJECT DESCRIPTION: FY20 STATEWIDE CAPITAL GRANT PROGRAM I. TOTAL PROJECT EXPENDITURES DEPARTMENT-4523-CAPITAL 44637.46 .1.3 PERIOD OF PERFORMANCE JULY 1, 2019 THRU JUNE 30, 2020 II. TOTAL PROJECT FUNDING CAPITAL ROLLING STOCK AGREEMENT# TOTAL 44637.46.1.3 TOTAL 100% $174 ,000 $174 ,000 FEDERAL 80.00% $139 ,200 $139,200 STATE 10.00% $17,400 $17,400 $174 ,000 LOCAL 10% $17 ,400 $17,400 080519a HCBOC Page 64 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION D IVISION APPROVED PROJECT BUDGET PROJECT: 20-39-040R SPONSOR: COUNTY OF HARNETT WBS: 44637.46.1.3 DEPARTMENT 4523 -CAPITAL-BUS ROLLING STOCK ·---------------------------------------------------------------------------------------------- OBJECT G545 G546 G571 TITLE High-top vehicle(R) 20Ft LT W/L F-Rpl Mini-Van Repl. TOTAL CAPITAL A p proved Capita l Bud get APPROVED BUDGET 54,000 60,000 60,000 $174,000 Pag e 2 of 2 080519a HCBOC Page 65 Board Meeting Agenda Item Agenda Item I./ D MEETING DATE: August 5, 2019 TO : HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Harentt Regional Jetport (HRJ) Grant Agreement for Apron Expansion Design Project REQUESTED BY: Barry A. Blevins REQUEST: The Director of General Services/ Airport requests the Hamett County Board of commissioners consider and approve the North Carolina Department of Transportation/Divison of Aviation grant agreement to provide professional services for the design/permitting of the apron expansion at the Hamett Regional Jetport. The County of Hamett will receive a 90% federally funded grant under the State Block Grant Non-Primary Entitlement (NPE) Program. Hamett County's local match is a I 0% contribution which is funded by the current budget. The agreement requires a resolution by the Harnett County Board of Commissioners to appropriate the amount equal or greater than the I 0% of the total estimated project cost. A project ordinance was approved on April 15, 2019 for $277,700, by the Board of Commissioners. Also a budget amendment was submitted and approved on July 15 , 2019, for an increase of $15 ,440. The total project cost is $293,140. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: \\hcfi lea\GS Users\apeele\My DocumentsWRPORl\FYl 920\19.08.05 -HRJAE Grant Agreement Agenda Request.docx Page I of2 080519a HCBOC Page 66 GRANT AGREEMENT STATE AlD TO AIRPORTS BETWEEN THEN. C. DEPARTMENT OF TRANSPORTATION, AN AGENCY OF THE ST A TE OF NORTH CAROLINA AIRPORT: D I VISION OF AVIAT ION M011tt (A,0llN4 or PAth .. fN1 Of lU.N~,Ot1ATION HARNETT REGIONAL AND PROJECT NO: 36244.35.7.1 COUNTY OF HARNETT This Agreement is hereby made and entered into by and between the NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as "Department") and COUNTY OF HARNETT, the public agency owning the HARNETT REGIONAL JETPORT (hereinafter referred to as "Sponsor"). This agreement shall be effective on-----------------------and shall terminate on JUNE 11, 2021 with the option to extend, if mutually agreed i: . Pre-award costs included on the Code and Category of Expenditure Section of the AV-p \ eo $e_ d O ;t for Aid (RF A) Application are authorized. Y\ O + dCL -\-e . WITNESS ETH WHEREAS , Chapter 63 of the North Carolina General Statutes authoriz1.~ ... ~ ..,"l'"w11~n1, sut>Ject to limitations and conditions stated therein , to provide State Aid in the forms of loans and grants to cities, counties and public airport authorities of North Carolina for the purpose of planning, acquiring and improving municipal, county and other publicly-owned or publicly controlled airport facilities , and to authorize related programs of aviation safety, education, promotion and long- range planning; and WHEREAS, the Sponsor has made a forma l application dated JULY 1, 2019 to the Division of Aviation ("Division") for State Financial Aid funds for the HARNETT REGIONAL AIRPORT; and WHEREAS , a grant in the amount of$263,826 not to exceed 90 percent of the final , eligible project cos ts of$293,I40 subject to the conditions and limitations herein; and WHEREAS , the Agreement of State Financial Aid funds will be used for the following approved project: APRON EXPANSION (design) DOA FORM REVISE D 12/2018 Page I o f 13 080519a HCBOC Page 67 WHEREAS , pursuant to NC GS 63-68 (2), the Division may, in its discretion, conduct safety projects or programs to improve the safety and planning of the air transportation system. NOW THEREFORE, the Sponsor and the Division of Aviation ("Division") do mutually hereby agree as follows: 1) Work performed under this Agreement shall conform to the approved project description. Any amendments to or modification of the scope and terms of thi s Agreement shall be in the form of a modified grant mutually executed by the Sponsor and the Department, except that an extension of time and/or a reallocation of funds within the approved budget ma y be granted by the Division by written notice to the Sponsor. Any changes to the scope, amount, or fees with thi s grant agreement without first consulting your Airport Project Manager could be found ineligible. 2) The Sponsor agrees to comply and assures the compliance by each of its third-party contractors and subrecipients at any tier, with the provision s ofG.S. § 143-59.2, "Certain vendors prohibited from contracting with State." G .S. § 133-32 and Executive Order 024 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any response in this Agreement, you attest, for your entire organization and its employees or agents that you are not aware that any such gift has been offered, accepted or promised by any employees of your organization. This prohibition covers those vendors and contractors who: (I) have a contract with a governmental agency; or (2) have performed under s uch a contract within the past year; or (3) anticipate bidding on such a contract in the future. 3) The Spon sor certifies that it has adhered to all applicable laws, regulations, and procedures in the application for and the Sponsor's approval of the Agreement. 4) The Sponsor agrees to comply with the "Sponsor's Assurances" contained as a part of this Agreement. The Sponsor shall be liable to the Department for the return of all grant monies received in the event of a material breach of the Sponsor's Ass urances or this Agreement. 5) The Spon sor agrees to adhere to the standards and procedures contained in the North Carolina Airports Program Guidance Handbook. DOA FORM REVI SED 12/20 18 Page 2 o f 13 080519a HCBOC Page 68 APPENDIX A6.4.1 TITLE VI CLAUSES FOR COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: I. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selecti on and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor wi ll not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment : In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4 . Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non discrimination provisions of this contract, the sponsor will impose such contract s anction s as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a . Withholding payments to the contractor under the contract until the contractor complies; and/or b. Cancelling, terminating, or sus pending a contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with liti gation by a subcontractor, or supplier because of such direction , the contractor may request the Recipient to enter into any I itigation to protect the interests of the Recipient. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. DOA FORM REVISED 12/2018 Page 3 of 13 080519a HCBOC Page 69 APPENDIX A6.4.2 TITLE VI CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer ofreal property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provis ions of the Standard Title VI/Nondiscrimination Assurances. NOW, THEREFORE, the Federal Aviation Administration as authorized by la w and upon the condition that the North C arolina Department of Tran sportation (NCDOl) wi ll accept title to the lands and maintain the project constructed thereon in accordance with the North Carolina General Assembly, for the (Airport Improvement Program or other program for which land is transferred), and the policies and procedures prescribed by the Federal Aviation Administration of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S Department of Transportation pertaining to and effectuating the provision s of Title VI of the Civil Rights Act of I 964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the NCDOTall the right, title and interest of the U.S. Department of Transportation/Federal Aviation Administration in and to said lands descri bed in (Exhibit A attached hereto or other exhibit describing the transferred property) and made a part hereof. (HABENDUM CLAUSE) TO HA VE AND TO HOLD said lands and interests therein unto the North Carolina Departme nt of Transportation (NCDOT) and its successors forever, subject, however, to the covenants, conditions, r estricti ons and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the NC DOT, its successors and assigns. The NCDOT, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (I) no person wi ll on the grounds of race, color, or national origin, be excluded from participation in , be denied the benefits of, or be otherwise subjected to di scrimination with regard to any facility located wholly or in part on , over, or W1der such lands hereby conveyed [,] [and]* (2) that the NCDOT will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A , Office of the Secretary, Part 21 , Nondiscrimination in Federally-assisted programs of the U.S . Department of Transportation, Effectuation of Title VI of the Civil Rights Act of I 964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S . Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) DOA FORM REVISED 12/2018 Page 4 o f 13 080519a HCBOC Page 70 APPENDIX A6.4.3 TITLE VI CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, le ases, permits, or similar instruments entered into by the Nort h Carolina Department of Transportation (NCDOT) pursuant to the provisions of the Standard Title YI/Nondiscrimination Assurances: A The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant nmning with the land ") that: In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a Federal Aviation Administration activity, facility, or program is exten ded or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, Jessee, permittee, etc.) will maintain and operate s uch facilities and services in compliance w ith all requirements imposed by the Nondiscrimination Acts and Re g ulation s li sted in the Pertinent List of Nondiscrimination Authorities (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in , denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B . With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the NCDOTwi ll have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Nondiscrimination covenants, the NCDOTwill have the right to enter or re-enter the land s and facilities thereon, and the above described land s and facilities will there upon revert to and vest in and become the absolute property of the NC DOT and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) DOA FORM REVISED 12/2018 Page 5 of 13 080519a HCBOC Page 71 APPENDlX A6.4.4 TITLE VJ CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVJTY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the North Carolina Department of Transportation (NCDOT) pursuant to the provision s of the Standard Title VI/Nondiscrimination Assurances. A. The (grantee, licensee, permittee, etc., as appropriate) for himseltlherself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that ( 1) no person on the ground of race , color, or national origin, will be excluded from participation in , denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities , (2) that in the construction of any improvements on, over, or under such land , and the furnishing of services thereon, no person on the ground ofrace, color, or national origin, will be excluded from participation in , denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the List of Discrimination Acts and Authorities . B. With respect to (licenses, leases, permits, etc .), in the event of breach of any of the above nondiscrimination covenants, the NCDOT will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if sa id (license, permit, etc., as appropriate) had never been made or issued .* C. With respect to deeds, in the event of breach of any of the above nondi scrimination covenants, the NCDOTwill ther e upon revert to and vest in and become the absolute property of the NC DOT and its assigns. * (*Reverter clause and related language to be used only when it is determined that s uch a clause is necessary to make clear the purpose of Title VI .) DOA FORM REVISED 12/20 18 Page 6 o f 13 080519a HCBOC Page 72 APPENDIX A6.4.5 TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to: Pertinent Nondiscrimination Authorities: • Title VJ of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis ofrace, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-assisted program s of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 460 I), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq .), as amended, (prohibits discrimination on th e basis of disability); and 49 CFR Part 27 ; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basi s of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471 , Section 47123), as amended , (prohibits discrimination based on race, creed, color, national origin , or sex); • The Civil Rights Restoration Act of I 987, (PL I 00-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 19 75 and Section 504 of the Rehabilitation Act of I 973 , by expanding the definition of the terms "program s or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and Ill of the American s with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C . §§ 121 3 1-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis ofrace, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin di scrim ination includes di scrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI , you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg . at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). DOA FORM REVISED 12/2018 Page 7 of 13 080519a HCBOC Page 73 THE PARTIES BY LEGALLY BINDING SIGNATURE B ELOW HEREBY EXECUTE THJS GRANT AGREEMENT THE DAY AND YEAR FIRST WRITTEN BELOW: NORTH CAROLINA DEPARTMENT OF TRANSPORTATION : BY: ___________________ (SEAL) Deputy Secreta ry for Multi-Modal Tran s portation or Designee DATE: _________________ _ AUTHORIZED SIGNATURE FOR SPONSOR (Approving Authority Board Member or Local Governing Official): SIGNED: ________________ (SEAL) TITLE: Cha.i r cY\CtOJ Board of Commi.ssione:-rs DATE: __________________ _ AUTHORIZED SIGNATURE FOR CO-SPONSOR (if Required) (Approving Authority Board Member or Local Governing Official): SIGNED: TITLE: __ _ DATE : __ _ No+ Req1.,o-vecl---<SEAL) ~=)> DOA FORM REVISED 12 /20 18 . . . . . ... ... .. . . . . . . . : ..... Page 8 of 13 080519a HCBOC Page 74 J SECTION A: SPONSOR'S ASSURANCES: GENERAL CONDITIONS A-1. The Sponsor certifies that it holds fee simple title to the property on which this project is to be constructed. In the event any work is proposed on property which has an easement or lease in the Sponsor's name, the Sponsor agrees that it will comply with the Division's conditions and receive written approval prior to any construction on such lease or easements. This condition does not apply to planning projects. A-2. The Sponsor agrees to operate the Airport for the use and benefit of the general public and shall not deny reasonable access to public facilities by the general public per G.S. § 63-65. A-3. The Sponsor agrees to operate, maintain, and control the Airport in a safe and serviceable condition for a minimum of twenty (20) years following the date of this Agreement and shall immediately undertake, or cause to be undertaken, such action to correct safety deficiencies as may be brought to its attention by the Department. A-4. The Sponsor agrees that any land purchased, facilities constructed, or equipment acquired under this Agreement shall not be sold, swapped, leased, or otherwise transferred from the control of the Sponsor without written approval of the Department. A-5 . The Sponsor agrees that the state share of any land purchased, facilities constructed, or equipment acquired under this Agreement shall be credited to the Department in a manner acceptable to the Department in the event such land, facilities , or equipment are subsequently disposed of through sale or lease. A-6. Insofar as it is within its power and reasonable, the Sponsor shall, either by the acquisition and retention of property interest, in fee or easement, or by appropriate local zoning action, prevent the construction of any object which may constitute an obstruction to air navigation under the appropriate category of Federal Air Regulation Part 77, 14 CFR 77. A-7. Insofar as it is within its power and reasonable, the Sponsor shall restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and taking off of aircraft, and the noise produced by such operations by adoption of zoning laws, by acquisition and the retention of property interest, in fee or easement. A-8 . Terminal building spaces constructed under this Agreement shall be for the use of the general public. The Sponsor agrees that it will not use any space so constructed for private use, or charge fees for the use of such space, without the written approval of the Division. DOA FORM REVISED 12/2018 Page 9 of 13 080519a HCBOC Page 75 SECTION B: SPONSOR'S ASSURANCES: PROJECT ADMINISTRATION B-1. It is the policy of this State to encourage and promote participation by the Disadvantaged Business Enterprise Program (MBE and WBE) in contracts Jet by the Department pursuant to G.S. § 136-28.4 for the planning, design, preconstruction , construction, alteration, or maintenance of State transportation infrastructure construction and in the procurement of materials for these projects. All State agencies, institutions, and political subdivisions shall cooperate with the Department of Transportation and among themselves in all efforts to conduct outreach and to encourage and promote the use of disadvantaged minority owned and women owned businesses in these contracts. This is designed to ensure DBE 's have maximum opportunity to participate in performance of NCDOT contracts let using state funding. The Sponsor assures and certifies with respect to this Agreement that they will pursue these requirements as stipulated by the Department in the advertising, award, and administration of all contracts, and require the same for all contractors , subrecipients, or subcontractors. The DBE Program is governed by G.S. § 136-28.4 and administered in accordance with Title 19A Chapter 02 Subchapter D Section .110 I -. I I 12 of the North Carolina Administrative Code. B-2. The Sponsor shall submit draft plans and specifications, or approved alternate, for the project for review by the Division prior to advertising for bids on the Project. Should bids not be required on the project, the Sponsor shall submit a detailed scope of work and estimated costs prior to requesting "Project Concurrence and Notice to Proceed" form for undertaking the project. All plans (and alternate) shall be supported by engineer's report. A list of deliverables from the Sponsor to the Division will be communicated with the Airport Project Manager. B-3. Bids will be taken in accordance with G.S. § 143-129. The Division will approve or disapprove the Sponsor's request to employ a specific contractor. Sponsor will be directly notified of approval. B-4. All contractor(s) who bid or submit proposals for contracts in connection with this project must s ubmit a statement of non-collusion to the Sponsor. B-5. Unless otherwise approved by the Division, the Sponsor shall not commence construction or award construction contracts on the project until a "Grant Execution and Notice to Proceed" is provided by the Division. B-6. The Sponsor shall submit to the Division quarterly status reports (A V-502) according to the following schedu le for periods ending: March 31, June 30, September 30 and December 3 I. B-7. The Sponsor shall notify the Division of any significant issues, meetings, audits, or in spections concerning this project involving the Sponsor, contractor(s), consultant(s), and/or any interested parties. B-8. The Sponsor shall notify the Division within thirty (30) days of completion of all work performed under this Agreement. B-9. It is the policy of the Department not to award funds to contractors who have been removed from the Department's list of pre-qualified bidders w ithout subsequent reinstatement. Therefore, no state funds will be provided for any work DOA FORM REVISED 12/2018 Pag e 10 of 13 080519a HCBOC Page 76 performed by the contractor(s) or sub-contractor(s) which have been removed from the Department's list of pre-qualified bidders without subsequent reinstatement as of the date of the signing of the construction contract. It shall be the responsibility of Sponsor to ensure that only properly qualified contractors are given construction contracts for work. DOA FORM REVISED 12/2018 Page 11 of 13 080519a HCBOC Page 77 SECTION C: SPONSOR'S ASSURANCES: PROJECT ACCOUNTING AND PAYMENT C-1. The Sponsor shall record all funds received under this Agreement and shall keep th e same in an identifiable project account. The Sponsor, and his contractor(s) and/or consultant(s), shall maintain adequate records and documentation to support all project costs incurred under this Agreement. All records and documentation in support of the project costs must be identifiable as relating to the project and must be allowable costs only. Allowable costs are defined as those costs which are allowable under this Agreement and the approved project budget. Acceptable items of work are those referenced in the North Carolina Airports -Program Guidance Handbook and North Carolina General Statutes. C-2. The Sponsor shall maintain all books, documents, papers, accounting records, and such other evidence as may be appropriate to substantiate costs incurred under this Agreement. Further, the Sponsor shall make such materials available at its office at all reasonable times during the contract period and for five (5) years from the date of final payment under this Agreement for inspection and audit by the Division. C-3. In accordance with the Compliance Supplement based on the requirements of the 1996 Amendments and 2 CFR Part 200, Subpart F, which provide for the issuance of a compliance supplement to assist auditors in performing the required audits, the Sponsor shall arrange for an independent financial and compliance audit of its fiscal operations. The Sponsor shall furnish the Department with a copy of the independent audit report within thirty (30) days of completion of the audit report, but not later than nine (9) months after the Sponsor's fiscal year ends. C -4 . Payment of the funds obligated under this Agreement shall be made in accordance with the following schedule, unless otherwise authorized by the Division : A. Payments from the Division to the Sponsor are made on an advance or a reimbursement basi s. B. If an advance payment is received, the Sponsor must pay all contractors/vendors within 3 business days of receipt of the Division's advance payment and provide proof payment. C. Reimbursement must be requested by the Sponsor within 60 days after issuing payment to the vendor. If the expen se was incurred before the agreement was executed and was in the approved project budget , reimbursement must be requested within 60 days of an approved grant agreement. C-5. The Sponsor may make application to the Division for a corresponding increase if, after the acceptance of the project by the Division, the final State share of approved eligible project costs is more than the amount of State funds obligated for the project. This increase will be considered for funding in accordance with their relative priority versus other applications for available State funds. The Division's ability to provide additional funding is contingent upon the avai lability of appropriated funds from which payment can be made. There is no legal liability on the part of the Division for any payment above thi s amount unless and until the Sponsor receives notice of availability confirmed in a written modification by the Division. DOA FORM REVISED 12/20 18 Pagel2ofl 3 080519a HCBOC Page 78 SECTION D: SPONSOR'S ASSURANCES: REAL PROPERTY ACQUISITION 0-1. The acquisition of land, buildings, and other real property involving the use of State Airport Aid funds shall be in compliance with the provisions of this Section. 0-2. The Sponsor shall depict each parcel to be acquired on an airport property map containing the identity of the parcel and its metes and bounds. 0-3. The acquisition cost of each parcel , building, or other real property acquired with state financial assistance shall be based on the fair market value of the property as determined by an appraisal process acceptable to the Department. 0-4. For each parcel, building, or real property, fair market value shall be established by an appraisal, completed by a competent NCDOT approved appraiser and an appraisal review, completed by an NCDOT staff reviewer or outsourced by the NCDOT to a competent consultant appraisal reviewer. For complex acquisitions, estimated claims over $1,000,000 or estimated claim s with over $250,000 in damages, fair market value shall be established by two appraisals: one original appraisal and one review appraisal. In such cases, all other provisions of this Section shall apply. D-5. All original and review appraisals sha ll be conducted by qualified appraisers who have no financial or other interest in the property to be acquired . D-6. The fair market value of a parcel will be established by the review appraiser based upon the information contained in the original appraisal or appraisals. D-7 . No negotiation for property acqui si tion sha ll be commenced between the Sponsor and the property owner until the fair market va lue of the property has been established. Initial negotiations shall be based upon the fair market value. 0-8. Negotiated values above the fair market value shall not be eligible for state funds unless, prior to the final agreement for acquisition , the Sponsor has received the approval of the Department for paying such negotiated values in lieu of the appraised fair market value. D-9 . Failure to follow the requirements of this Section shall disqualify the property from State participation for any parcel which has not been acquired in accordance with such standards. DOA FORM REVISED 12 /20 18 Page 13 of 13 080519a HCBOC Page 79 Agenda Item l/ E Board Meeting Agenda Item MEETING DATE: August 5, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Michael W. Stinecipher v. County of Harnett (Order Approving Compromise Settlement) REQUESTED BY: Christopher Appel, County Staff Attorney REQUEST: Disclosure of Settlement Agreement pursuant to Section 143-218.l l(a)(3) of the North Carolina General Statutes. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: S:\agend aform201 9.docx Page I of I 080519a HCBOC Page 80 July 5, 2019 Via E-Mail Mr. Hugh Bennett York Risk Services Group Post Office Box 183188 Columbus, OH 43218 RE: Michael W. Stinecipher v. County of Harnett Industrial Commission File Number 19-002954 York Claim Number HRC0-002039 Dear Hugh: Enclosed is a copy of the 5 July 2019 Order Approving Compromise Settlement Agreement in the above-captioned case. Pursuant to N.C. Gen. Stat. § 97-18(e), payme nt is due ten (10) days from the date of the Order, which is 15 July 20 19. Pursuant to N.C. Gen. Stat.§ 97-18(g), payment i s past due fourteen (14) days after it becomes due. Therefore, payment wi ll become past due after twenty-four (24) days , which is 29 July 2019. A lat e payment penalty of ten percent (10%) wi ll be added to amounts which are not paid w ithin twenty-four (24) days. A check should be issued payable to Michael W. Stinecipher in the amount of $4,327 .92 and sent to Mr. Michael W. Stinecipher, 824 Byrd Road, Bunnlevel, NC 28323. Please note that the Industrial Commission requires a completed Form 28C to be filed by the Carrier/ Administrator following the approval of a Co mpromi se Settlement Agreement. If you have any questions, or if we may be of any further service t o you , please do not hesitate to contact us. Sincerely, Brewer Defense Group Joy H. Brewer Enclosure: Order Copy to: Ms. Monica Jackson, County of Hamett (via e-mail) Brewe rLaw,PLLC I 3825Barre tt0rive,Suite201 I Raleigh,N C 2 76 09 I T919-238-15 7 7 I F919-926-1161 BREW ER DEFENSE . COM 080519a HCBOC Page 81 NC Industrial Comm 7/5/2019 2:48:37 PM PAGE 2/002 Fax server NORTH CAROLINA INDUSTRIAL COMMISSION l.C. NO. 19-002954, MICHAEL W. STINECIPHER, Employee, Plaintiff v. COUNTY OF HARNETT, Self-Insured Employer, Defendant. Administered by York Risk Services. ORDER APPROVING COMPROMISE SETTLEMENT AGREEMENT BY LUCY AUSTIN, SPECIAL DEPUTY COMMISSIONER FILED: July 5, 2019 APPEARA N CES Plaintiff: Pro s e Michael W. Stinecipher, 824 Byrd Road , Bunnlevel, N C 28323 Telephone: 910-893 -1158 Defendants: Brewer Defense Group, Attorneys at Law Raleigh, NC; Joy H. Brewer appearing Facsimile: 919-926-1161 * * * * * * * * * * * * After giving due consideration to all matters involved in this case in accordance with Chapter 97 of the North Carolina General Statutes and Commission Rules, and upon the parties' stated o r implied representation that all medical reports have been submitted with the agreement to the Commission as required by Rule 04 NCAC lOA .0502(b)(l), the compromise settlement agre ement is deemed by the Commission to be fair and just, and in the best interests of all pa11ies. Furthermore, the interests of all parties and of any person, including a health benefit plan , who paid medical expenses of the plaintiff have been set forth in the settlement agreement and have been considered. It fu 1th er appears that the agreement contains a finding that the positions of all parties to the agreement are reasonable as to the payment of medical expenses. The agreement is incorporated herein by reference and is approved in the amount of $4,327.92. Compliance with the terms of the agreement shall discharge defendants from further liability under the Workers' Compensation Act by reason of the injury giving rise to this claim. Defendants shall pay the costs. It is noted, however, that this Order does not pmpo1t to approve, resolve or address any issue or matter over which the Industrial Commission has no jurisdiction, whether or not such issu e or matter is referred to in the compromise settlement agre ement executed by the pa11ie s in this action. DEFENDANTS Shall File a Ferm 28C Report. lipon Ri;;:elpt ot this Oi-cler . LU CY A USTrN SPECIAL DEPUTY COMMISSIONER 080519a HCBOC Page 82 Agenda Item L/F Board Meeting Agenda Item A~~s~5 MEETING DATE: , 2019 TO : HARNETT COUNTY BOARD OF COMMISSIONERS I SUBJECT : Family Caregiver '}H~//unds REQUESTED BY: Johnj~,::,e, Heflth Director \ REQUEST: Request approval to accept grant funds from Mid Carolina Area Agency on Aging in the amount of $28 ,000 for the Family Caregiver Program. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: \\hcfileb\hth share\admin\Fileshare\1-Excel \BOH PAT FEE INC-NE W FEES-BOC Req uest s\BOC Form s\age ndaform20 19.docx Page I of I 080519a HCBOC Page 83 130 Gillespie Street • Post Office Dr awer 151 O • Telephone (910) 323-4191 • Fax (9 10) 323-9330 Faye tteville. North Carolina 28302 To: Harnett County Department of Aging Harnett County Caregiver Support Program Providers - From: Barbara A. WhiteoA ~ Regional Family Caregiver Resource Specialist Date: June 14 . 2019 Subject: Family Caregiver Support Program Contract Renewal Dear Mary Jane Saul , Enclosed you will find your agency's contract to renew funding for your Family Caregiver Support Program services. Please note paragraph 5 for your award amount and see the 1 SI attachment for your programs details. Please sign the last page of the contract and initial the attachment. Once signed, make your agency a copy and return the original to my office ASAP. It is a policy of Mid-Carolina Area Agency on Aging Family Caregiver Support Program to have on file a copy of your agency's Family Caregiver Support Program Request for Proposal when providing services during the fiscal year. It is important that the contract be viewed with the FCSP specialist to ensure that all duties under the five categories wiJl be met within the fiscal year. Your agency has contributed a great deal to our Family Caregiver Support Program success, and I hope in some way we have added to yo urs. I look forward in continuing the relationship we have e stablished by renewing our contract by July 31. 2019. If you have any questions or concerns about the contract or any other F amily Caregiver Support Program issue, please feel free to contact me. Thank you and your agency for supporting the Family Caregiver Support Program. Enclosure "PROGRESS THROUGH INTERGOVERNMENTAL COOPERATION"' 080519a HCBOC Page 84 CONTRACT FOR SERVICES PROVIDED FOR UNDER TITLE III-E OF THE OLDER AMERICANS ACT (NC FAMILY CAREGIVER SUPPORT PROGRAM) THIS AGREEMENT, entered into as of this l5' day of Jul y, 2019 , by and between County of Harnett for and on behalf of the Harnett County Division on Aging (hereinafter referred to as the "Agency") and the Mid-Carolina Area Agency on Aging, (hereinafter referred to as the "Area Agency"); WITNESS ETH THAT: WHEREAS, the Area Agency wishes to have performed and the Agency wishes to provide certain 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; NOW THEREFORE, in consideration of the premises, and mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: I. 2. 3. 4. Employment of the Agency. The Area Agency hereby agrees to engage the Agency and the Agency hereby agrees to perform the services hereinafter set forth in accordance with the terms and conditions contained herein. Scope of Services. The Agency shall provide support services to the Family Caregiver Support Program to family caregivers or another individual who is an informal provider of in-home and community care to an individual age 60 years or older; to older (age 55 or older) grandparents and relative caregivers of a child age 18 and younger; caregivers of a person with Alzheimer's disease (regardless of age); and relative caregivers, age 55 and older, of an adult child aged 19-59, with a disability (not including natural or adoptive parents). All services are to be performed in accordance with the Agency's Caregiver Support Plan, which is submitted and agreed upon by the Agency and the Area Agency, the terms of which are incorporated herein by attachment 1• In addition, the Agency agrees to perform services in full compliance with NC Family Caregiver Support Program requirements. Time of Performance. The services of the Agency are to commence no later than July 1, 2017 and shall be undertaken and pursued in such sequence as to assure their expeditious completion on or before the end of the contract period, June 30, 2019. Contract Administrator. The contract administrator for the Area Agency shall be Barbara White, Family Caregiver Resource Specialist. The contract administrator for the Agency shall be the County Manager. It i s understood and agreed that the administrator for the Agency shall represent the Agency in the performance of this 1 See Attachment #1 080519a HCBOC Page 85 contract. The Agency shall notify the Area Agency if the administrator changes during the contract period. 5. Compensation and Method of Payment. The Agency shall be compensated for the work and services actually performed under this contract by payments to be made monthly by the Area Agency. However, the total compensation and reimbursement to be paid the Agency under this contract shall not exceed the sum of $28,000 in Federal /State grant funds. The terms set forth in this agreement for payment are contingent upon receipt of grant funds from the North Carolina Division of Aging and Adult Services. 6. Reimbursement of Service Costs. The Agency will report to the Area Agency on a monthly basis, and in the form specified by the Area Agency , the allowable expenditures to be reimbursed under this contract. The amount of allowable expenditures reported will be reduced by the amount of program income received for the service for the month reported. The amount of reimbursement due the Agency will be 100% of the remainder, which represents the grant share of costs reported for the service. 7. Agency 's Personnel. The Agency represents that it has, or will secure all personnel required to perform the services provided for under this contract. Such personnel shall not be employees of the Area Agency, nor shall such personnel have been employees of the Area Agency during any time within the twelve (12) month period immediately prior to the date of this contract , except with the express written consent of the Area Agency's Director. The Agency shall procure a fidelity bond for all persons authorized to receive or disburse Project funds. Agency 's personnel having access to property or funds belonging to any clients served under this contract should also be bonded in an amount of at least $10,000. Public agencies shall procure a public employees' faithful performance blanket bond. Non-governmental agencies shall procure either a blanket fidelity bond or name schedule fidelity bond. The bond limit for persons authorized to receive and disburse grant funds shall be at least the amount of compensation detailed in paragraph 5 or $100,000, whichever is less. 8. Substance Abuse Policy: The Agency's workplace shall be drug-free in compliance with the Drug-Free Workplace Act of 1988 (PL 100-690, Title V.) as contained in section 17 (c) (6). 9. Approval of Subcontract or Assignability. The Agency shall not assign all or any portion of its interest in this contract. Any purchase of services with Family Caregiver Support grant funds shall be carried out in accordance with the procurement and contracting policy of the Agency or, where applicable, the Area Agency, which does not conflict with procurement and contracting requirements contained in 45 CFR 92.36. 10. Review and Coordination. To ensure adequate review and evaluation of the work, and proper coordination among interested parties, the Area Agency shall be kept fully 080519a HCBOC Page 86 11. 12. 13. 14. 15. 16. infonned concerning the progress of the work and services to be performed hereunder. The Area Agency 's staff will conduct scheduled on-site assessments and may also make unannounced visits for the purpose of evaluating the Agency's work. Accounting. The Agency shall maintain complete accounting records sufficient to document receipts and expenditures of state grant funds under this agreement. All accounting records should be maintained in accordance with the North Carolina Local Government Budget and Fiscal Control Act. Inspections. Authorized representatives of the Area Agency and the North Carolina Divis ion of Aging and Adult Services may at any reasonable times review and inspect the program activities and data collected pursuant to this contract. All reports and computations prepared by or for the Agency shall be made available to authorized representatives of the Area Agency and the North Carolina Division of Aging and Adult Services for inspection and review at any reasonable times in the Agency's office. Approval and acceptance of such material shall not relieve the Agency of its professional obligation to correct, at its expense, any errors found in the work. Maintenance of Records. The Agency shall maintain all financial and program records for a period of three (3) years from the date of final payment under this contract, for inspection by the Area Agency, the North Carolina Division of Aging and Adult Services, and the Comptroller General of the United States, or any of their duly authorized repres entatives. If any litigation, claim , negotiation, audit or other action involving the Agency 's records has been started before the expiration of the three-year period, the records must be retained until completion of the action and resolution of all issues which arise from it. Compliance with Requirements of the Area Agency United States Department of Health and Human Services and North Carolina Division of Aging and Adult Services. The Agency agrees that it is fully cognizant of the rules and regulations promulgated pursuant to Title III-E of the Older Americans Act of 1965, as amended, and that all services will be performed in compliance with such existing regulation and any such regulations validly promulgated subsequent to the execution of this agreement. Data to be Furnished to the Agency. 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 contract by the Agency shall be furnished to the Agency without charge by the Area Agency. The Area Agency, its agents and employees, shall fully cooperate with the Agency in the performance of the Agency's obligations under this contract. Rights in Documents, Materials and Data Produced. Agency agrees that at the discretion of the Area Agency, all reports and other data prepared by or for it under the terms of this contract shall be delivered to, become and remain property of the Area Agency upon termination or completion of the work. Both the Area Agency 080519a HCBOC Page 87 17. 18. 19. 20. 21. 22. and the Agency shall have the right to use same without restriction or limitation and without compensation to the other. For the purposes of this contract, "data" includes sound recordings, or other graphic representations, and works of similar nature. No reports or other documents produced in whole or in part under this contract shall be the subject of an application for copyright b y or on behalf of the Agency. Identification of Document. All reports , and other documents completed as part of this contract shall bear on title pages of such report , or document, the following legend: "Prepared by (the Agency Name) under the contract with Mid -Carolina Area Agency on Aging". The date (month and year) in which the document was prepared and source of grant funds shall also be shown. Interest of Agency. The Agency covenants that neither the Agency 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 the Agency's service hereunder in an impartial and unbiased manner. The Agency further covenants that in the performance of this contract no person having any such interest shall be employed by the Agency as an agent, subcontractor or otherwise. Interest of Members of the Area Agency and Others. No officer, member or employee of the Area Agency, 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 thereof, shall participate in any decisions relating to this contract which may affect his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested ; nor shall any such person have any interest, direct or indirect, in this contract or the proceeds arising therefrom. Officials Not to Benefit. No member of or delegate to the Congress of the United States of America or the General Assembly of the State of North Carolina, resident Commissioner or employee of the United States Government or the North Carolina State Government, shall be entitled to any share or part of this contract or any benefits to arise herefrom. Prohibition Against Use of Funds to influence Legislation. No part of any funds under this Agreement shall be u sed to pay the salary or expenses of any employee or agent acting on behalf of the Agency to engage in any activity designed to influence legislation or appropriations pending before Congress. Equal Employment Opportunity and Americans with Disabilities Act Compliance. The Agency shall comply with the requirements of this paragraph. No contractor, employee, or applicant for employment shall be discriminated against because of race, color, handicap, religion, age, sex or national origin. The Agency shall comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by or pursuant to the Regulation to assure that subcontractors 080519a HCBOC Page 88 and applicants selected for employment are treated during employment without regard to their race, color, handicap, age , sex or national origin. Such action shall include, but not limited to the following: employment, upgrading, demotions, or transfers ; recruitment or recruitment adverti sing; layoffs or terminations ; rates of pay or other form s of compensation; selection for training including apprenticeship ; and participation in recreational and educational activities. The Agency certifies that it presently has in effect an affirmative action program. The Agency agrees to post in a conspicuous place available to employees and applicants for employment, notices s etting forth the provisions of this non- discrimination clause. The Agency shall in all solicitation or advertisements for subcontracts or emplo yees placed b y or on behalf of the Agency, state that the Agency is an "Equal Opportunity Employer". T he Agency shall make no distinction because of race color, handicap, religion, sex or national origin in providing to eligible individuals any services or other benefits under projects financed in whole or in part with funds provided under this contract. (This provision excludes age since these funds are allocated to serve only older persons by design and by law.) The Agency shall comply, and assures compliance by any contractor or sub-grantee receiving funds through this Agreement, with the Americans With Disabilities Act of 1990, and with requirements contained in applicable federal regulations, guidelines and rules to ensure a policy of nondiscrimination for service recipients, employees and applicants for employment. The Agency agrees to comply with such guidelines as the Area Agency or the North Carolina Division of Aging and Adult Services may issue to implement the requirements of this paragraph. 23. Audit. The Agency agrees to have an annual independent audit in accordance with North Carolina General Statues, 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) Circular A - 133 . The Agency must provide a copy of their audit and/or year-end financial statements to the Area Agency on Aging. The Agency, as specified in paragraph one (1) are subject to audit and fiscal reporting requirements as stated in 2005 revisions to 0MB Circul ar A-133 and NC General Statute 143-6.2 , where applicable. Family Caregiver Support Program providers are not required to submit Activities and Accomplishments Reports. For-profit corporations are not subject to the requirements of 0MB Circular A-133 , but are subject to Yellow Book audit requirements. Federal funds may not be used 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 http://www.ncgrants.go v?/NCGrants/PublicRepo1isR egul ations.j sp . 080519a HCBOC Page 89 The following provides a summary of reporting requirements under NCGS 143-6.2 and 0MB Circular A-133 based upon funding received and expended during the service provider 's fiscal year. Annual Expenditures Reporting • Les s than $25,000 in State or Federal funds Report Required to AAA Allowable Cost for Certification form and State N I A Grants Compliance Re- porting <$25,000 (item# 11 , Activities and Accomplishments does not have to be completed) OR Audited Financial Statements in Compliance with GAO/GAS (i.e. Yellow Book) • Greater than $25,000 and less than $500,000 in State Funds or $750,000 in Federal Funds Certification form and Schedule of Grantee Receipts >$25,000 and N I A • $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 Schedule of Receipts and Expendi- tures OR Audited Financial Statements in Compliance with GAO/GAS (i.e. Yellow Book) Audited Financial Statement in May use State funds, but compliance with GAO/GAS (i.e. not Federal Funds Yell ow Book) Audited Financial Statement in May use State and Federal compliance with 0MB Uniform funds Guidance 2 CFR Part 200 (i.e. Single Audit) • Less than $500,000 in State Audited Financial Statement in May use Federal funds, funds and $750,000+ in compliance with 0MB Uniform but not State funds. Federal pass through funds Guidance 2 CFR Part (i.e. Single Audit) 24. Audit/ Assessment Resolution and Disallowed Cost. It is further understood that the Agency is responsible to the Area Agency for clarifying any audit exceptions that may arise from any Area Agency assessment, county or community service provider single or financial audit, or audits conducted by the State and Federal Governments. In the event that the Area Agency or the Department of Health and Human Services disallows any expenditure made by the Agency for any reason, the Agency shall 080519a HCBOC Page 90 25. 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 provider through the Agency 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 an Agency which is in addition to the required Agency Funding Plan formats. In these exceptions, the Area Agency is responsible for any disallowed costs . The Agency or Area Agency on Aging can recoup any required payback from the provider in the event that payback is due to a community service provider's failure to meet 0MB Circular A-I 22 requirements, requirements of A-I I 0, requirements of 45CFR, Part 132 I, and 45CFR, Part 92 or state eligibility requirements as specified in policy. Indemnity. To the extent permitted by law, the Agency agrees to indemnify and save harmless the Area Agency, its agents and employees from and against any and all loss, cost, damages, expense and li ability arising out of the performance under this Agreement to the extent of errors or omissions of the Agency. The Agency, at its own expense, shall procure and maintain for the duration of this Agreement, the following policies of insurance to cover losses which occur during the contract period: If an automobile is used in delivery of service contracted under this Agreement, (a) Automobile bodily injury and property damage liability covering all owned, non- owned, and hire automobiles for limits not less than $100,00 each person, $100,00 each occurrence bodily injury liability and $100,00 each occurrence property damage liability. (b) Comprehensive General Liability including coverage for personal injury hazards A, B & C, products and completed operations and contractual liability assumed under the indemnity provision of this Agreement for limits of not less than $100,000 bodily injury liability each occurrence/ $300,000 aggregate. ( c) Workers Compensation Insurance meeting the statutory requirements of the State of North Carolina and employers' liability insurance for an amount of not less than $100,000. (d) If the Agency, with the permission of the Area Agency on Aging, subcontracts any of the work or services under this Agreement, then the Agency shall require the subcontractor to carry the appropriate insurance and to save harmless the Agency and the Area Agency on Aging. Certificates of Insurance reflecting such coverage must be furnished to the Area Agency on Aging and shall contain the provision that the Area Agency on Aging be given thirty days written notice of any intent to amend or terminate such policies by either the Agency or the insuring company. 26. Changes. The Area Agency may require changes in the work and services which the Agency is to perform thereunder. Such changes, including any increase or decrease in the amount of the Agency's compensation, which are mutually agreed upon by and between the Area Agency and the Agency, shall be incorporated in written amendments to this contract. 080519a HCBOC Page 91 27. Termination of Contract for Cause. If through any cause , the Agency shall fail to fulfill in a timely and proper manner its obligations under this contract, or if the Agency has or shall violate any of the covenants, agreements , representations or stipulations of this contract, the Area Agency shall therefore have the right to terminate this contract by giving written notice to the Agency of such termination and specifying the effective date thereof. In such event, all finished documents and other materials collected or produced under this contract shall at the option of the Area Agency, become its property. The Agency shall be entitled to receive just and equitable compensation for any work satisfactorily performed under this contract, except to the extent such work must be duplicated in order to complete the contract. Notwishstanding the foregoing , the Agency shall not be relieved of liability to the Area Agency for damages sustained by th e Area Agency by virtue of any breach of this contract by the Agency and the Area Agency may withhold payment of any additional sums as security for payment of damages caused by the Agency's breach, until such time as the exact amount of the damages resulting from such breach is determined. 28. Termination for Convenience. The Area Agency may terminate this contract for the convenience of the Area Agency at any time by giving written notice to the Agency of such termination and specifying the date thereof, no fewer than fifteen ( 15) days prior to the effective date of such termination. In that event, all finished or unfinished documents and other materials produced or collected shall, at the option of the Area Agency , become the property of the Area Agency. If this contract is terminated by the Area Agency as provided in the paragraph, the Agency will be paid the grant reimbursement percentage, described in paragraph 5 , of the actual allowable expenses of compensation that have been incurred by the Agency prior to the effective date of such termination, less payments of compensation previously made by the Area Agency. Provided, however, if this contract is terminated because of default by the Agency the provision of paragraph 26 hereof shall prevail. 29. Applicable Law. This contract is executed and is to be performed in the State of North Carolina, and all questions of interpretation and construction shall be construed under the laws of such State. IN WITNESS WHEREOF, the parties have caused thi s agreement to be executed by its designated officials pursuant to specific resolutions of their respective governing bodies or boards , as of the day and year first above written. 080519a HCBOC Page 92 Agency: Hamett County Division on Aging By:_ Mid-Carolina Council of Governments/ Area Agency on Aging By: Date : _____ _ Family Caregiver Resource Specialist By: Date: ------ Area Agency on Aging Administrator Provisions 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: Date: ---------------------- Executive Director, Glenda Dye 080519a HCBOC Page 93 ATTACHMENT #1 Agency 's Caregiver Support Plan (NC Family Caregiver Support Program) The Agency hereby agrees to provide the following services for the Family Caregiver Support Program: • Clients to be served: I. Family caregivers of older adults, age 60 years or older; 2. Caregivers of a person with Alzheimer's , Dementia disease or a memory related disorder (regardless of age); 3 . Grandparents and relative caregivers, age 55 years or older, of children no older than 18; 4 . Relative caregivers, age 55 years or older, of an adult child aged 19-59, with a disability (not including natural or adoptive parents). 5. Must be a resident of Harnett County. Priority will be given to person in greatest social and economic need (with particular attention to low-income older individuals) and older individuals providing care and support to persons with severe disabilities and older individuals residing in rural areas. (As in full compliance with Family Caregiver Support Program requirements2) • Services which may be performed with grant funds: *It is an agreement between FCSP and Harnett County Division on Aging that a requirement of this contract is to have one part-time staff person of the "Agency" spend at least 20 hours of their time dedicated to the Family Caregiver Support Program (funds can be used for their salary, fringe benefits, and office expenses.) These funds may not be used for any agency overhead expenses. Category I: Information about Available Services (outreach and group activities) Funds to be spent: $10,000.00 • Community and program planning, development and administration. • Informational/educational programs (large groups) • Organization and/or participation in community events ( e.g., job fairs, health fairs , chamber of commerce, and senior fairs) • Program promotion (e.g., public service announcements and advertisements) • Public information (e.g., printing of publications radio, television and newspaper stories) • Other as approved by DAAS through Mid-Carolina. 2 Agency shall receive a copy of Family Caregiver Support Program Older Americans Act Law 080519a HCBOC Page 94 };, The Agency will also keep Family Caregiver Support Program pamphlets, Caregiver Kits , and Posters available to their community by ordering more of the "Approved" materials when their supply gets low. };, The Agency will provide monthly and/or quarterly trainings to the community about services provided by the FCSP program. Category II: Assistance in gaining access to services (individually oriented activities) Funds to be spent: $5,000.00 • Community and program planning, development and administration • Information and Assistance (I&A) -unregistered • Care Management (assessment, care planning, and coordination) • Develop caregiver emergency plan (e.g. hospitalization plan, back up respite service, and enrollment on special needs registry) • Other as approved by DAAS through Mid-Carolina Category III: Individual Counseling, Organization of Support Groups, Caregiver Training's Funds to be spent: $5,000.00 • Community and program planning, development and administration • Caregiver counseling ( caregiver issues, end of life, grief) • Organization of support groups (caregiver, widow, peers, disease specific and grief) • Workplace caregiver support (e.g., coordi nation with employer-sponsored caregiver assistance programs) • Caregiver training programs • Other as approved by DAAS through Mid-Carolina Service requirement for this category: 1. Provide a staff member's time to facilitate meetings and coordinate services for the group. 2. Provide at least one support group meeting per month for at least 10 out of the 12 calendar year months. 3. Provider will provide quarterly educational trainings/seminars within the community to address caregiver's issues. 4. Participate in the Alzheimer's Candlelight Reflection and National Family Caregivers Month. 5. Only 25% of Category III is allowed for the purchase of food and supplies for the support group (s). Anything over requires approval from Mid-Carolina AAA. Eligible Population Caregiver -An adult family member, or another individual , who is an informal provider of in-home and community care to: I . An individual who is 60 years of age or older; and for individuals receiving Respite o Supplemental Services, meets the definition of "frai l" as found in Sect ion 102 (22) of The Older Americans Act. 080519a HCBOC Page 95 2. Unable to perform at lea st 2 activi ties of daily living without substantial assistance or due to cognitive or other mental impairment requires substantial supervision because the individual behav es in a manner that poses a serious health or safety hazard). Category IV: Respite Care Funds to be spent: $2,000.00 • Community and program administration ( contract negotiation , reporting, reimbursement, accounting, monitoring and Q.A.) • Respite funds will be kept by the AAA. Category V: Other services that agency may perform with these funds : Funds to be spent: $6,000.00 • Community and program administration ( contract negotiation , reporting, reimbursement, accounting, monitoring and Q.A.) • Home Safety interventions/evaluations • Handy man, yard work, or househo l d chore work (i.e., house cleaning for caregivers) • Medical equipment and assistive technology (not covered by insurance) • Home modifications/accessibility ( e.g., lift chairs, grab bars, assistive devices, ramps, etc.) • Personal emergency response alarm systems • Incontinence supplies • Telephone reassurance • Transportation • Liquid nutritional supplements ( e .g. Ensure or Boost) • Home delivered meals (temporary) • Legal Services • Other as approved by DAAS The Agency may work in conjunction with other agencies to complete the above tasks and to comply with match requirements on services where collaboration is occurring. Reporting requirements: • Reimbursement should be requested monthly and by the 5th of the month following service. • The "Family Caregiver Statement of Services Delivered" form should be submitted along with supporting documentation to include attendance sheets, statement of hours for in- home services, and signed intake forms for new caregivers. • Monitoring for this fiscal year will include compliance with the Consumer Contributions Policy. Initials: Hamett County Division on Aging County Manager _p ..... ¥:-1 ___ _ Mid-Carolina Council o f Governments/ Area Agency on Aging 080519a HCBOC Page 96 Barbara White ------Tracy Honeycutt ------Glenda Dye ------- 080519a HCBOC Page 97 Agenda Item ..1.G;J Harnett COUNTY -------------------------------------NOR TH CAROLINA Proclamation Child Support Awareness Month August 2019 www.harnett.org WHEREAS , Child Support Awareness Month celebrates the key role that parental, emotional, and financial support play in the well-being of our most precious resource; our children, helping them to become healthy, productive, and well-adjusted adults; and WHEREAS, the Harnett County Child Support Services provides important services enabling parents to be a positive influence in the lives of their children , while ensuring children have an opportunity to reach their full potential; and WHEREAS, the Harnett Child Support professionals are steadfastly committed to improving the quality of the lives of the more than 20,000 children and families through timely, accurate, and responsive child support services by collecting over $9.6 million in Child Support last year alone that is funneled back into our community; and WHEREAS , these crucial payments not only fulfill a legal responsibility, but they also reduce the need for public assistance, and provide everyday necessities such as food , clothing, shelter, and medical care; and WHEREAS, increasing public awareness of the importance of this issue through education, outreach, and media attention will reinforce the position that all parents must take responsibility for the financial , emotional , and physical support of their children; and NOW, THEREFORE, BE IT PROCLAIMED THAT the Harnett County Board of Commissioners does hereby proclaim August 2019 as "Child Support Awareness Month" in Harnett County in support of the State of North Carolina designating August as "Child Support Awareness Month". Adopted this 5th day of August 2019. HARNETT COUNTY BOARD OF COMMISSIONERS Gordon Springle, Chairman Howard Penny, Vice Chairman Mark B. Johnson Barbara McKoy Joe Miller st ro ng root s • new gro wt h 080519a HCBOC Page 98 August 5, 2019 APPOINTMENTS NEEDED ADULT CARE HOME COMMUNITY ADV ISORY COMMITTEE There are (6) vacancies on this committee. BOARD OF HEALTH There is (I) vacancy for an engineer position on this board. HARNETT COUNTY BOARD OF ADJUSTMENT AGENDA ITEM 6 Richard Cruickshank, District 4 alternative, would like to be appointed as regular member for District 4 to fill vacant osition originally held by Gunner Henderson who resigned from this board on 7 /8/19 . Jonathan Pope, District 3 , would like to be appointed to serve as a regular member effective 9/1/19 to replace Scott Tripp (application attached). There are vacan cies for alternate members representing Di strict 3, 4, and 5 on this Board. HARNETT COUNTY COUNCIL FOR WOMEN AND YOUTH Nell Watson-Crosby, Jacqueline Jones, Nyia Johnson, Karen Clark, and Ellen Bryce would like to serve (~plication attached). HARNETT CO UNTY REGIONAL JETPORT There is one vacancy for a Hamett County Economic Development Council member. HISTORIC PROPERTIES COMMISSION There is (I) vacancy for District 3 and ( 1) vacancy for an a lternate on this committee. HOME AND COMMUNITY CARE BLOCK GRANT COMMITTEE Th ere i s 1 vacancy on this committee. NURSING HOME COMMUNITY ADVISORY COMMITTEE There are (3) vacancies on this committee. NONPROFIT FUNDING COMMITTEE There is (1) vacancy for a District 4 representative on this committee. SOUTHEASTERN ECONOMIC DEVELOPMENT COMMISSION There is one vacancy to serve on this board. 080519a HCBOC Page 99 APPLICATION TO SERVE ON A BOARD APPOINTED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS BOARD: Harnett Board of Adjustment NAME : Jonathan A. Pope ADDRESS : 528 Johnson Road Coats, NC 27521 VOTING DISTRICT : (Please check district number in which you live): D District I , Commissioner McKoy's D District 4, Commissioner Springle 's D District 2, Comm issioner ~s ~o '-' 111So)\ D Distric1 s, Commissioner Miller's ~ District 3, Commissioner Penny's TELEPHONE: (HOME) (919)278-8808 (WORK) (919)278-8808 PRESENT OCCUPATION: Self Employed Farmer YEARS OF FORMAL EDUCATION : Received B.S. degree from North Carolina State University CIVIC AND FRATERNAL ORGANIZATIONS IN WHICH YOU HAVE PARTICIPATED: Currently serve as Chairman of the Board of Directors for Cape Fear Farm Credit (an Agricultural Financial Institution , a ast member of the Nominating Committee for the AgF1rst Bank (a Farm ~redit System Bank based in Columbia SC }, current y serve on e ame oun arm u leadership positions within Coats United Methodist Church PLEASE TELL WHY YOU WOULD LIKE TO SERVE ON THE ABOVE LISTED BOARD: As a lifelong resident of Hamett County I would serve my fellow residents as a fair voice when issues arise concerning zoning. our county has a bnght future , and MW our county atlllzes these 1esoorces will have a djrect impact on our future success. DATE : 7/24_12_01_9 ___ SIGNATURE ,~ /J f?- •••••••••••••••••••••••••••••••••••••••• FOR OFFICE USE ONLY : DATE RECEIVED : -------------- DATE FORWARDED TO COUNTY COMMISSIONERS : ------------- I, 080519a HCBOC Page 100 Shannon Eason From: Sent: To: Subject: Board: Voting District: Name: Address: City: Zip Code: Telephone: Email: Years of Formal Education : Civic and fraternal organizations: Why you would like to serve: Electronic Signature: Harnett Website Thursday, April 25 , 2019 4:43 PM Shannon Eason Application to Serve on a Board ~.~ Harnett r 1J{ '"" C O U N T Y Web Sfte l!]guirr. Receio_t Hamett County Commission for Women and Youth District 5 Annelle (Nell) Watson-Crosby 55 Sunrise Court Cameron 28326 540-842-7698 nellwc@yahoo .com 6 Masters of Science in Human Resource Management American Society of military Comptrollers (ASMC) Sandhill Chapter Federally Employed Woment (FE W) Dogwood Chapter Society of Human Resource Management (SHRM) The Institute for Internal Controls Association Junior League of Raleigh My interest in serving on the Commission for Women and Youth stems from the desire to be part of the team that continues to promote and support advocacy in Hamett County. Having lived in Western Hamett for 12 years, I am very invested in this community. I feel I would be an excellent member due to my experience in program budgeting, policy, and Equal Opportunity, and volunteering; along with my desire to have positive impact on the issues concerning the women of Harnett County. I would be honored to have the opportunity to contribute to the county through the important work of the Board. Annelle L. Watson-Crosby 1 080519a HCBOC Page 101 APPLICATION TO SERVE ON A BOARD APPOINTED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS ' ( ADDRESS: -""'--==---..L.__~~1....\".=--~--l-...l-~,)..L.....J=+-____l,,,,ll....L.4~---l---~Ll-1-..'......J__=-+-+=...,__ t\J C 21540 VOTING DISTRICT: (Please check district number in which you live): D Di strict I , Commiss ioner McKoy's D District 4 , Commissioner Springle 's D Di s trict 2 , C ommiss ion er Elmore 's D District 5 , Commissioner Miller 's D Di s trict 3 , C ommis s ioner Penn y's TELEPHONE (HOME) ci I q -2 1 fn3~fl 2 (WORK) ()1!1 -lP ~Pl -loOf O , 1 PRESENT OCCUPATION: _T,--'-"e_o~C ....... .,,~Vl~e_.,_,_( ___________ e_x_. (JJ 2.,, YEARS OF FORMAL EDUCATION: ___ ,.__ __________________ _ CIVIC AND FRATERNAL ORGANIZATIONS IN WHICH YOU HA VE PARTICIPATED: PLEAS E T E LL WHY YOU WOULD LIKE TO S ERVE ON TH E ABOV E LISTED BOARD: &&mv:PB:j~"Gf~e fm-v:Dm£D oaf DATE : FOR O FF ICE USE ONLY : DATE RE C EIV ED : ___ '±->---~....:.....=~_-_.1~q;---------------- DA TE FORWARDED TO COUNTY COMMISSIONE RS : --------------- 080519a HCBOC Page 102 Shannon Eason From: Sent: To: Subject: Board: Voting District: Name: Address: City: Zip Code: Telephone: Email: Years of Formal Education: Civic and fraternal organizations: Why you would like to serve: Electronic Signature: Agreement: Harnett Website Tuesday, March 19, 2019 3:53 PM Shannon Eason Application to Serve on a Board f Harnett ~~·~COUNTY Web Site l!J!J.uir'l.. Receiet Harnett County Commission for Women and Youth District 3 Nyia Johnson PO BOx 1911 Angier 27501 9192249612 nyia.mcghee@gmail.com 18 Alpha Phi Omega Coed Service Fraternity, CAPTRUST Community Foundation --Board of Directors, A Made Up Mind Incorporated -Board of Directors I want to serve my fellow citizens of our community by advocating for women and children both as a business owner, but also to fulfill my civic duty. According to Economists, women are the worlds most underutilized resource. I am the CEO of a company that advocates for women and it only makes since to continue my mission and pas s ion to enhance women and children's lives through legislation. Gender equality has the powerful potential to improve the economy, security and the overall well-being of a population. Our children deserve someone to speak for them that has their best interest at heart and I would also like to be their supporting voice and assist both women and children and their families. Nyia Johonson I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms of Acceptance. 1 080519a HCBOC Page 103 APPLICATION TO SERVE ON A BOARD APPOINTED BY THE HARNETT COUNTY BOARD OF COMM IS S IONERS BOAR.D: Baro& ~lkn±u ~ ( I I Com oo tS SJ l5Y\ fbr \A )o rv1en f vudh NAME: ~ re n Clar t ' ADDRESS JYOS Rid.¥ Run , I ;11 ;~, nt, ~ Slflp VOTING DISTRICT: (Please check di strict number in which you li ve): ~ District I , Commissioner McKoy's D District 4, Commi ss ioner Spri ngle 's D District 2, Comm issioner Elmore's D District 5, Commiss ioner Miller's D District 3, Commission er Penny's (WORK) _________ _ TELEPHONE: (HOM E) ct, D-lD58-li,i.R 7~ PRESENT occuPAT10N: ~Ct.Ch er ~~-~------------------- YE A R S OF FORMAL E DUCATION: ----4~~1-n~ .... ?Jl..q_..14'-..1,_,4""""""_)::..__ ___________ _ C IVI C AND FRATERNAL ORGANIZATIONS IN WHICH YOU HA VE PARTI C IPATED: **************************************** FOR OFFICE USE ONLY: DATE RECEIVED: ______ lt_--~~<;--~' ~~'------------ DA TE FOR WARDED TO COUNTY COMM I SS IONERS: _____________ _ 080519a HCBOC Page 104 APPLICATION TO SERVE ON A BOARD APPOlNTED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS BOA RD t\arnd± Cod~ ~tmm1SS1 ~0 foz WulY1-('J1 f Vo"'-fA NAME: _j)_n VJ . Car c St. :12v1nn, N G :Z.S23'-\ 1 ADDRESS: £1 \m 0 -c\/c ,~ VOTING DISTRICT: (P lease check district number in which you liv e): D Dis trict I , Commi ss ioner McKoy's D Di strict 4, Co mmi ssio ner Sp rin gle's l2g_ Distr ict 2. Commi ss ioner Elmore 's D Di strict 5, Com mi ss ioner Miller·s D Dis1 ri cr 3, Com m issio ner Penn y's TELE PH ONE: (HOME) '2.10 ' C\22-\~c.+L-(WORK) ---------- PRE SENT OCC UPA TTO N: __ -re....:...=-=-C1=d'-'-n-'-'t::_Y-_________________ _ YE ARS OF PORMAL EDUCATION: \ \.Q · rncbe.\c;f $ 12egf~-------- C IVI C AND FRATERNAL ORGANIZATIONS fN WHICH YOU HAVE PARTICIP ATED: KopQ Q ~ppo, -rt\., Notio()Q \ l::\ono r°'"f iooo:l Erc,~'.\l~ _. ~Gi :P.:lt-o . Pi 1 :i:°)'1\-tvnfd:i C)'lo \ \::\nrn·( ,[ocu'"I =~hM·O,boY\ -Rota.u1Cf_Qu"2 -Ron,~ .1n terooboou\ PLEASE TELL WH Y YOU WOULD LIK E TO SE RVE ON THE ABOVE LI STED BOARD: I aim ff1S'Q\nra\:e g\?ou:\: Wm'.Ylro·s oo_d i9trtl0 ·'; . ·,s~. \2 ~;~ ili:Df)')UUQ;} · A_s . o tenQ)er-, :t" 6ec ::tbc: . ,c:F,ues ;:t\1Cn_ . _ct . -'-~ ~till.\Q__ll_~ tl1\~ CiMOt\j , (, D t\ cA m \ '4 WS6. '::i; ~ fab ~)__\'.)t..lf,: OIJ( (.f,ro ,'Y\ Ll\'Wh/ l1\'\0 tor\\G , t a ~( 1,rl VW1Ll ::(n_ljj~. DATE 2.Lj Cly1j\ 10\~ S I GNATURE (Q2Q~ **************************************** FO R OF FI CE USE ONLY: DA TE R.ECE IVE D: __ s__.LJ W___,_\_lGf-'-------------- DA TE FO RWARDED TO COUNTY COMMI SSIONERS: -------------- 080519a HCBOC Page 105 Agenda Item£ 2019 Boards and Committees on which Commissioners Serve Commissioner Mark B. Johnson Mid-Carolina Aging Advisory Committee 7/2019 Economic Development Council 7/2019 A verasboro Township Tourism Development Authority 7/2019 Central Carolina Works Advisory Committee (waiting to hear from Jon Matthews regarding status) Commissioner Barbara McKoy Board of Health Economic Development Council Johnston-Lee-Hamett Community Action Board of Directors Juvenile Crime Prevention Council Library Board Nonprofit Committee Commissioner Joe Miller Sandhhills YMCA ( appointed 5/6/2019) Commissioner Howard Penny Hamett Properties Corporation Extension Advisory Leadership Council Mid-Carolina Rural Planning Organization for Transportation Fayetteville Area Metropolitan Planning Organization (F AMPO) Capital Area Metropolitan Planning Organization (CAMPO) Parks and Recreation Advisory Committee Commissioner C. Gordon Springle CCCC Board of Trustees Employee Benefits Committee (disbanded /inactive) Home & Community Care Block Grant Committee Mid-Carolina Council of Governments Board of Directors Social Services Board Southeastern Economic Development Commission Transportation Advisory Board 080519a HCBOC Page 106 Agenda Item 7 ~ Harnett ir COUNTY ~ ~N-O~R~T-H-C~A-R~OL_I_N_A------------------------------------------------------------- RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS ENDORSING SAFETY IMPROVEMENTS IN HARNETT COUNTY BY NORTH CAROLINA DEPARTMENT OR TRANSPORTATION www.harnen .o rg WHEREAS, the North Carolina Department of Transportation has requested a Resolution from the Harnett County Board of Commissioner's endorsing safety improvements at the intersection of SR 1516 (Old Coats Road/Sheriff Johnson Road) at SR 1513 (Neill's Creek Road); and WHEREAS, the North Carolina Department of Transportation proposes to make improvements to this intersection. Said improvements will convert the intersection to an All-Way Stop to enhance the safety of this intersection; and WHEREAS, the construction to this improvement will be at no cost to Harnett County. NOW THEREFORE BE IT RESOLVED, that the Harnett County Board of Commissioners endorses the North Carolina Department of Transportation converting the intersection of SR 1516 (Old Coats Road/Sheriff Johnson Road) at SR 1513 (Neill's Creek Road) to an All-Way Stop to enhance its safety. Duly adopted this the 5th day of August , 2019. HARNETT COUNTY BOARD OF COMMISSIONERS Gordon Springle, Chairman ATTEST: Margaret Regina Wheeler, Clerk strong roots • new growth 080519a HCBOC Page 107 ~ Harnett '1F'i COUNTY -~ ..N _O_R_T_H_C_A_R_O_LI_N_A ______________________________ _ RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS ENDORSING SAFETY IMPROVEMENTS IN HARNETT COUNTY BY NORTH CAROLINA DEPARTMENT OR TRANSPORTATION www.harnett.org WHEREAS , the North Carolina Department of Transportation has requested a Resolution from the Harnett County Board of Commissioner's endorsing safety improvements at the intersection of SR 1516 (Sheriff Johnson Rd) at SR 1542 (Johnson Farm Rd/Old Buies Creek Rd); and WHEREAS, the North Carolina Department of Transportation proposes to make improvements to this intersection. Said improvements will convert the intersection to an All-Way Stop to enhance the safety of this intersection; and WHEREAS, the construction to this improvement will be at no cost to Harnett County. NOW THEREFORE BE IT RESOLVED , that the Hamett County Board of Commissioners endorses the North Carolina Department of Transportation converting the intersection of SR 1516 (Sheriff Johnson Rd) at SR 1542 (Johnson Farm Rd/Old Buies Creek Rd) to an All-Way Stop to enhance its safety. Duly adopted this the 5 th day of August, 2019. HARNETT COUNTY BOARD OF COMMISSIONERS Gordon Springle, Chairman ATTEST: Margaret Regina Wheeler, Clerk strong ro ot s • new growth 080519a HCBOC Page 108 NCDOT -Sandhills Regional Traffic Office Proposes the following two intersections be converted to All-Way Stop: 0 j 1 s1 ~ I ' I 1 s16 I 0 j 1542 I \, SR 1516 (Old Coats Rd/Sheriff Johnson Rd) at SR 1513 (Neill's Creek Rd) -and-SR 1516 (Sheriff Johnson Rd) at SR 1542 (Johnson Farm Rd/Old Buies Creek Rd) ! 1s10 ! 080519a HCBOC Page 109 • SR 1516 (Old Coats Rd/Sheriff Johnson Rd) at SR 1513 (Neill's Creek Rd) Citizen's request for an All-Way Stop -\~,. \ Tempi~ N Beginniri ' ---. c111 ;,-, • A Type Injury Crash 03/27/2019 ~fs{Mn,s'.ry .·.r ... ;;J,--·1· .c .. -, ;•I ~-~i. , , .· ~. mD::;:.,;1;;:i,ll:Jol>"'on!'d, .,;.. --. -~ ~ ~i 1 • Extended History/December 2005 Fatality • Geometric issues (skew/horizontal curve) • Vegetation outside of NCDOT ROW (field crops, large bush, etc) ,~ ~. ,, ///F-' .... .\\' /.. / ~. • I #rm[ ,,,~' ""\ ~R 1513 (Neill s Creek Rdl 20l5 AADT: 660 55 MPH \J '\ -\\ .. I ------____., . -. -~ ...,_ --• ...... _..,. ·-·· a -~ ,._-.e: ~ ----c,.. ·-·-[X).lf ---1---__., •••• T -D _... -r------41-·--· A ------+---· ~ ---c-..... • ...... -..,,.......... --~ -·-_... ·-·· . -·-.r ~ ,... D • ~-.. ---._.... --I' ... --------Order~4100005S745 Hornett County I ••-SR 1513 (Neill's Creek Rd) ot SR 1516 !Sheri ff Johnson/Old Coots Rds) 04/01/2014-03/31/2019 ~__JJJJ··L····················· ,-_ --:. ~ --.re •••• , ••.••••• ~-.• ~ ~ •.•••••••••••• --IS-h-er-16-fSi_f_J-~~5~h'.".""~~i,'-':f0-ldl .. ·· · • 101 'H ----• • 5 9R 1513 (Neill s Creek Rdl 2015 AADT: 660 55 MPH N.C. ,,.,.AaTJ/llfNr ,, JllAH.1.PQRl'AJJQV .DfllJ3ION' ti/ lmilllWAJ'S ~MOIIIUff-.MJIZJ'J' mJDftJIV -~~ ~.P ... 080519a HCBOC Page 110 SR 1516 (Sheriff Johnson Rd) at SR 1542 (Johnson Farm Rd/Old Buies Creek Rd • 2018 Highway Safety Improvement Program (HSIP) location • Identified as a Chronic Intersection (by the HSIP) • Geometric issues (skew) • Meets criteria for All-Way Stop (based on crashes; 5 within 12 months) Note: In Crosh 1011, a northbound ~ch~l~ trove ling on SH b4~ swerved to avoid o W!a!Stbound SR 1~16 vehicle. SR 1542 (Old Bu1es Creek Rd) --------,... ·-·-·-ri:J• =.-:.. ___.,--::: :::: T wu ~ ,__, ~ -__.... ·-·· .. -. -~ ::-=:::7¢ -== :::: : :u-t I~=-=-==-=-::: ::.:.. : : ~-V-------I••-/ ---! _.: Order'*41000056753 (Sh11nff Johnson R~I · LbL.:, ·· SR 1516 (MP 3 41) AT 2013 5iA~'f,=J,400 SR 1516 -' Hornett Count!,J ~013 AADT: 1,300 .· *,..._!!.,::, ~• : , 55 MPH · ~~·-,.1!!1 •o, : 0 SR 1542 (MP 4.6g) ,:· g· ~ ..... 4 I-.© 0,10112009-0212012019 ... ; " r;:·" .-' Ten Years of Data . . ~: . ". I .. _. . ~ ~ . ~ ~I" • I I SR 1542 (J Q.hnson Form Rd) 2013 AADT: 810 55 t-1PH SR 1516 (Sheriff Johnson Rd) 2013 5'lf'~i=J,300 N.C.mPAIU'MIIIVJ' f( JMIVSlQU'.tJJO.lf DWIMON II( JIJGBJVAJ'S ~M081UJY-s.tnff Dlf/BION --,,,__..,. _.,,...,i. 080519a HCBOC Page 111 Locations of recent or proposed NCDOT safety improvements along (or in the vicinity of) SR 1516 (Old Coats Rd/Sheriff Johnson Rd), in Harnett County: The two Red Circles represent the two proposed All-Way stop locations at the intersections with Neill's Creek Rd and Johnson Farm Rd/Old Buies Creek Rd The large Blue Circle represent two intersections that are currently in an interim All-Way Stop pattern, with future roundabouts under design; w/third intersection to be cul-de-sac'd. The Green Circle represents the intersection with Oak Grove Church Rd, which was converted to an All-Way Stop on 12/19/2018. "', ~-~ '>:\,"e,i,,. q ~l' ... " J ~ <t / @} ' 0 ITilll @ill @) ITilll .. • " @} §3 ' 0§1 • mm ' ~ • • _, ' • I " , \ ~ Lni,c.arnpbelAYC -.. @} ... @} \!. ~ . ' / ~ <J o mill -j @ill ..... . • \lo ~ • ' <t I # ' • @ill I , ... Buies Creek ...,.~ (§] ' camp00II Unrvcrs.ty Q" ~ ...... f .,.~ ' .... I \ ® • " @} • ... 080519a HCBOC Page 112 .... ~ ~ '8 ~ 6 .~ ~ Cj •\-6 @ill "' J ' ...: • ' SR 1516 (Sherlff Johnson Rd) at SR 1532 !Oak Grove Church Rd/Main St> Order• 41000054406 Hornet+ County ~ ;, ~ -,:, a iD' n ... ~ ... 00 .:,, ~ g 9/1/13 -8/31/18 ... SR 1516 (Sheriff Johnson Rd) at SR 1532 (Oak Grove Church Rd) Converted to All-Way stop on 12/19/2018 Background: • Citizen's request for an All-Way Stop • 2018 Highway Safety Improvement Program (HSIP) List LEGEND _J -·-·-A -cgJ ----·-"'· p-C8:)A1 ---......... a --....;:! ...... ~---.. ,. .. T -==1=-· -+---__ ,.. . ---.. --~ -...... D • --..... w -~-------·-· I••-------o----~------SR /Sf6 IShe,-/ft JonosOh RdJ SPf:Eo lfMrTr5S 1o!P11 20/6 AD T, 1.200 KC, IIINmJlll:NI" ., IIWllllllllJB,iL&i DIYl#lJII ~ lllQD"An ~Jlmlllff-......,, .nnaJIIN DLtPJPIC SD'Bff' UNl'I' --1---.J-080519a HCBOC Page 113 NC 27 /SR 1006 (Old Stage Rd) at SR 2084 (Leslie Campbell Ave) SR 1006 (Old Stage Rd) at SR 1516 (Sheriff Johnson Rd) Both intersections converted to All-Way stop on 06/26/2018. Scheduled for Roundabout Construction at both intersections and Cul-de-sac SR 1516 at NC 27. Background: NC 27 /SR 1006 at SR 2084 ~c\\~,.o .,\eC1lo~9 \.C~ • 2018 (HSIP} List • Fatal Crashes (06/04/2018, 04/12/2017} SR 1006 at SR 1516 . Citizen requests received over the years . Previous improvements (signing) have been implemented Multiple Run-Stop-Sign crashes and failure to yield • Residence 0,i,s•'i ,II. ,o%~ ~('i,\,,t C.•"""I'_":;; . A type injury crash September 2015 ~ ~ ~l.:. ~ ~ /; ~ /,?, l u,. ~ --::£1 H:t;: * -~~--~r~~~ \ **;1"·1· )t .. I NC,z// f i" r=~ , __ c.. '°}:\ ~ti9'--l"91t,ll<r,.tt~ ~ N.C.DEPARTMENT of TRANSPORTATION ~ DIVISION o HIGHWAYS .•. <;of«y Ptqod 08-1~51308 . St.wol1lng Cloa.wTa< t LEG[ND . -_j-= n-w~ ~t----t> "l-»-_... 06_,i .. I ir•--1> -~ ---c> to-n" c,---t>-<> :=::;,,::::: -+----"'v-.:::::J"' .,., ..... ~ ' ..... , -~ ~·.,-~·""" -----0--4-••r CRASH SUMMARY SR 151& a1 SR 1006 In Hamett Co Request from D,v,s,on i'4-Aor 17 • CruhlO DltA! 1 103546705 OQ/15112 2 103692354 02/28/13 3 103865054 10/04113 4 103912365 I 1126113 5 103938260 12/27113 6 10408'4293 06/13114 7 104333013 03117115 6 10#80936 09/02/15 9 104727875 05105116 10 104800077 07123116 11 104823855 08/17116 12 104871015 10/01'16 13 1(),1999556 02/03117 Time Anate ROR 22:02 1 9:00 1 17:35 1 INO 1 14:38 1 16:15 1 16:15 1 16:47 1 2229 1 13·45 1 5-15 1 17:22 1 23:54 1 .. 12 ss . 0 Based on TEAAS 4100004622 I 5 YRS. from 03/01/2012 -02/28/2017 Dir NE NE NE NE NE SW NE NE NE SW SW SW F A B C P Comments 1 we 1 F a,1 to v,eld 1 Fad to VMlld I Ran Stm, Sonn 1 Ran li1oo S,on 1 Fad to Yield I Fail to vield 1 Fail to v,eld 1 Ran Stoo Sron 1 Ra" Stoo S.qo 1 Falito vteld 1 ~" ~tOfl ~1t1n 1 Fa•I to yield 0 \ 2 6 4 K A B C P 8 or the 12 angle crashes ,ovolved vehicles traveling NE on SR 1006 5 or the angle crashes ,nvQlved a Run Stop Sign Last year increase from 2·3 crasnes per year up lo 5 crashes .... 1h10 tl1e lalesl 12 months (. 1~\ \}_\ '\ /. l'I-~ \ ::..c \ ~ \~/ \ '.)~# J "1 ('( ,)0 y 'tr\ I' ~rc:fi~\ "11,. "' // ~(~ ' /;/ ~~ st-/ // ~ '( \ \y·, L. . • ' I', // s-, '? ' '.J' ·, "-' / 080519a HCBOC Page 114 In Conclusion, NCDOT requests buy-in from the County Commissioners on proposed All-Way Stops at the intersections of SR 1516 (Old Coats Rd/Sheriff Johnson Rd) at SR 1513 (Neill's Creek Rd), and at SR 1542 (Johnson Farm Rd/Old Buies Creek Rd) Given: • The two proposed All-Way stop locations are adjacent intersections • Other recent improvements along SR 1516 (Old Coats Rd/Sheriff Johnson Rd) Based on: • Geometric (skew/curve) factors • Crash history • HSIP data • Citizen request • Recommended treatment is expected to reduce Total Injury Crashes by71% 080519a HCBOC Page 115 Board Meeting Agenda It~m Agenda Item &' MEETING DATE: August 5, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Consideration of Rules & Regulations for Dunn-Erwin Rail Trail REQUESTED BY: Administration REQUEST: Administration requests consideration and adoption of Rules and Regulations for the Dunn- Erwin Rail Trail. The Dunn-Erwin Rail Trail Authority has asked commissioners to adopt rules and regulations for the Rail Trail to allow for enforcement along the trail by local law enforcement. The Rail-Trail Authority has recommended approval of the attached rules and regulations by the Board of Commissioners. County Administration met with Parks & Recreation, Legal and staff with the Hamett County Sheriffs Office to come up with the proposed rules and regulations, and to discuss enforcement. The most feasible option for enforcement, it was agreed, would be through enforcement of trespas sing on the Rail Trail. These rules, upon adoption, will be posted at major trail entrances with an abbreviated list of rules posted at minor trail entrances. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\gwheeler\AppData\Lo cal\Mi crosoft\Windows\INetCache\Conte nt .Outlook\OZM K66X9\Agenda Re qu est -Ra il T ra il Rul es.docx Page I of I 080519a HCBOC Page 116 Dunn Erwin Rail Trail Rules and Regulations • Trail and parking areas are open from dawn until dusk. • Permitted uses of the trail : walking, jogging, running, bicycling, roller skating, and skateboarding. • Motorized vehicles are prohibited unless authorized by the Dunn Erwin Rail Trail Authority. Motorized vehicles include, but are not limited to, ATVs, golf carts, motorcycles, motorized bikes and scooters, mini bikes, go -karts, and hobby equipment such as cars, rockets, planes, helicopters, and drones. • Bicyclists, skaters, and skateboarders must yield to pedestrians . • Trail users should travel on the right and pass on the left. • Do not block the trail or trail entrances. • Bicyclists who are 16 years old or younger must wear a helmet. All bicyclists over the age of 16 are encouraged to wear a helmet. • Travel at a safe speed . • No littering. All trash must be collected and placed in trash containers or removed from trail and parking areas . • Pets must be on a leash no longer than 6 feet . Owners are responsible for removing pet waste and depositing it in a trash container. • Collection, removal, or disturbance of any natural or cultural object is prohibited. • Hunting is prohibited on the trail and parking areas. • Use of tobacco products and the possession and/or con sumption of alcoholic beverages are prohibited on the trail and parking areas. • Horse s are prohibited on the trail. • Fi r eworks are prohibited on the trail and parking area s. • Camping and fires are prohibited on the trail and parking area s. • Weapons are prohibited except concealed handguns, with proper permit, as allowed by ordinance and the North Carolina General Statutes . • Abusive language and/or behavior is prohibited on the trail and parking areas. • Soliciting and advertising of any kind is prohibited on the trail and parking area s. Plea se report any vandali sm, storm damage, or unsafe condition s to the Dunn -Erwin Rail Trail Authority by calling 910-892-3282. For emergency situations, call 911. If you see suspicious activity along the Trail, contact local law enforcement. The se Rules and Regulation s may be enforced by any and all remedies authorized by law. In addition, any violations of these provisions may result in temporary or permanent expulsion and may subject violators to prosecution for trespa ssing . Park managers, designated officials, and law enforcement personnel are charged with enforcement of these Rule s and Regulations . Adopted by the Harnett County Board of Commissioners on August 5, 2019. Gordon Springle, Chairman Harnett County Board of Commissioners 080519a HCBOC Page 117 Board Meeting Agenda Item Agenda Item _9_J M EETING DATE: August 5, 2019 TO : HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Personnel Ordinance Amendment -Tax Administrator REQUESTED BY : Administration/HR REQUEST : Request to add clarifying information regarding the appointment of the Hamett County Tax Administrator in the Personnel Ordinance, specifically in Article 1, secti on 2 and 5. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION : C:\Users\g wheeler\AppData\Loca l\Microsoft\Windows\l NetCache\Content.Out look\OZMK66X9\BOC agenda req -Tax Admin update - Ord 8-5-19 .docx Page I of I 080519a HCBOC Page 118 Personnel Ordinance Update: 8/5/2019 Article 1. Organization of the Personnel System (Page 2) Section 2. Coverage "This policy will co ver all Harnett County employees, however: A. Employees of the Register of Deed and Sheriff's Office are exempt from Article IX and Article X B. Employees of the Social Services Department are exempt from Article X C. Employees governed by the NC Stat Personnel Act are exempt from Article II D. The Tax Administrator position is exempt from Artic les VIII, IX and X. All other articles ar~ applicable to this position. Section 5 . Responsibilities of the Board of Commissioners (Page 7) The BOC are responsible for making and confirming any appointments specified by law, including the following: A . The Clerk to the BCO in accordance with NCGS 153A-111 B. The Harnett County Attorney in accordance with NCGS 153A-114 C. The Harnett County Deputy Tax Collector in accordance with NCGS 105-349 (f) D. The Harnett County Tax Administrator, as the Tax Collector and Tax Assessor, in accordance with NCGS 105-349 and NCGS 105-294 E. The Harnett County Finance Officer in accordance with NCGS 159-24 080519a HCBOC Page 119 Agenda Item I I 2019 Schedule of Meetings (REVISED) Harnett County Board of Commissioners Monday August 5 9:00 am Board Meeting Tuesday August 13 9:00 am Work Session Monday August 19 6 :00 pm Board Meeting Tuesday Au g u st 27 N E W MT G 9:00 am 'Work Sess ion Monday September 2 Holiday Tuesday September 3 9:00 am Board Meeting Tuesday September 10 9:00 am Work Session Monday September 16 6:00 pm Board Meeting ff uesday O cto ber I NEW MTG 9:00 am Work Session Monday October 7 9:00 am Board Meeting Tuesday October 15 9:00 am Work Session Monday October 21 6:00 pm Board Meeting T uesd ay O cto ber 29 NEW MTG 9 :00 am Wor k Session Monday November 4 9:00 am Board Meeting Monday November 11 Holiday Tuesday November 12 9:00 am Work Session Monday November 18 6 :00 pm Board Meeting u esday Nove m ber 26 NEW MTG 9:00 a m Work Session Thurs/Fri November 28 & 29 Holiday Monday December 2 9 :00 am Board Meeting Tuesday December 10 9:00 a m Work Session Monday December 16 6:00 pm Board Meeting Tue/Wed/Thurs December 24 , 25 & 26 Holiday 080519a HCBOC Page 120 T uesday December 31 NEW MTG 9:00 am -----Work Session Wednesday January 1 Holiday ***Meeting dates/designations may change with 48 hours notice*** RULES OF PROCEDURE HARNETT COUNTY BOARD OF COMMISSIONERS IV. REGULAR AND SPECIAL MEETINGS Rule 6. Regular and Special Meetings a) Regular Meetings: The Board shall hold regular meetings as follows: First Monday of each Month at 9 :00 a.m. Third Monday of each Month at 6:00 p.m. If the regular meeting day is a holiday on which county offices are closed, the me eting shall b e held on the next busines s day or such succeeding day as may be specified in the motion adjourning the immediately preceding regular meeting. Regular meetings are held in the County Administration Building. The Board may change or cancel the place or time of a particular regular meeting or of all regular meetings within a specified period b y resolution adopted, posted, and noticed at least seven days before the change takes effect. Such a re solution shall be filed with the Clerk to the Board and posted at or near the regular meeting place, and copies shall be sent to all persons who have requested notice of special meetings of the Board. b) Special Meetings. The Chairman or a majority of board me mbers may at any time call a spec ial meeting of the Board by signing a notice stating the time and place of the meeting and th e subj ects to be co nsidered. The C lerk shall cause the notice to be posted on the bulletin board in the courthou se , on the door of the meeting room, and delivered to the Chairman and a ll other Board members or left at the dwelling place of each Board membe r at least 48 hours before the meeting. In addition , the notice shall be delivered to individual persons and news organizations that have requested such notice. c) Emergency Meetings. T he Chairman or a majority of members may call an emergency meeting to deal with an unexpected c ircumstance requiring immediate co nsideration. The person or persons calling the emergen cy mee ting shall cause notice of the me eting to be give n to the other Board memb ers and the public. d) Work Sessions, Retreats and Committee Meetings. The Board may sch edule Work Sessions, retreats, forums , conve ntions, associations, and comm ittee meetings , or other information mee tings of the Board or of a majority of its members at such times and co ncerning such subj ects as may be established by resolution or order of the Board. A sc hedule of such meetings held reg ularly shall b e filed in the same place and manner as the sc hedule of regular meetings. Work Sessions and other informa l offic ial meetings not held regularly are subje ct to the sam e notice requirements as special Board meetings. 080519a HCBOC Page 121 A RESOLUTION TO AMEND THE 2019 SCHEDULE OF MEETINGS HARNETT COUNTY BOARD OF COMMISSIONERS THAT WHEREAS , the Harnett County Board of Commissioners adopted on September 19, 1994 certain Rules of Procedure by which the Board would conduct its meetings; and WHEREAS , Rule 6 of the Rules of Procedure concerning "Regular and Special Meetings " states that the Board shall hold regular meetings the first Monday of each month at 9 a.m. and the third Monday of each month at 6 p.m . It also states if a regular meeting day is a holiday on which county offices are closed, the meeting shall be held on the next business and the Board may schedule regular work sessions . NOW , THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Hamett County that the Board shall hold the following additional work sessions in 2019 : Monday January 7 9:00 am Board Meeting Tuesday January 15 9:00 am Work Session Tuesd~y January 22 6:00 pm Board Meeting Monday January 28 9:00 am Retreat Monday February 4 9:00 am Board Meeting Monday February 4 11:45 am Legislative Luncheon Tuesday February 12 9:00 am Work Session Monday February 18 6:00pm Board Meeting Monday March 4 9:00 am Board Meeting Tuesday March 12 9:00 am Work Session Monday March 18 6:00pm Board Meeting Monday April I 9:00am Board Meeting Tuesday April 9 9:00am Work Session Monday April 15 6:00pm Board Meeting Monday May6 9:00 am Board Meeting Tuesday May 14 9:00am Work Session Monday May20 4:00pm Appreciation Reception Monday May20 6:00pm Board Meeting Monday June 3 9:00am Board Meeting Tuesday June 11 9:00 am Work Session Monday June 17 6:00 pm Board Meeting Tuesday July9 9:00 am Work Session Monday July 15 6:00 pm Board Meeting Monday August 5 9:00 am Board Meeting Tuesday August 13 9:00 am Work Session Monday August 19 6:00 pm Board Meeting T uesday August 27 ADDED 9:00 am Work Session Tuesday September 3 9:00 am Board Meeting Tuesday September 10 9:00 am Work Session Monday September 16 6:00pm Board Meeting T uesday October 1 ADDED 9 :00 am Work Session Monday October 7 9:00am Board Meeting Tuesday October 15 9:00am Work Session Monday October 21 6:00pm Board Meeting T uesday October 29 ADDED 9:00 am Work Session Monday November4 9:00am Board Meeting Tuesday November 12 9:00am Work Session Monday November 18 6:00pm Board Meeting Monday December 2 9:00am Board Meeting Tuesday December 10 9:00am Work Session Monday December 16 6:00pm Board Meeting Adopted by the Hamett County Board of Commissioners in regular session , this 5th day of August, 2019. HARNETT COUNTY BOARD OF COMMISSIONERS By: _______________ _ Gordon Springle, Chairman Attest: ----------------- Margaret Regina Wheeler, C lerk 080519a HCBOC Page 122 Agenda Item _]A Harnett County DSS Monthly Report Totals 2018-19 July August September October No,•ember December Jouary 2019 February March April Moy June Tobtls Children's Services CPS Reports Received 131 118 107 144 124 112 120 155 162 167 167 116 Reports Accepted 84 72 69 89 68 59 77 78 100 83 91 71 941 Total children in Pie/Custody 141 148 148 148 157 156 157 158 151 146 146 155 FC Money expended $ 100,008 82 $ 111,859.00 $ 113,052.20 $ 114,400.65 $ 117,234 39 $ 117,807 00 $ 119,113.06 $ 115.237.52 $ 121,560 73 $ 136,960.83 $ 135,039.19 $ 127,276.12 $ 1,429,549.51 Adult Services APS Reports Received 16 21 14 13 14 11 19 13 20 15 20 8 184 # of trips scheduled 1310 1455 1237 1521 1386 1241 1474 1374 1452 1437 1566 1319 16772 Total Cases 296 298 300 302 312 299 283 282 291 280 224 226 Work First Energy Expenditures $34,893.26 $ I 07 ,868.19 $94,974.77 $129,504.87 $116,845.59 $157,940.63 $184,400.00 $115, l 00.00 $63,800.00 $2,800.00 $0.00 $0.00 $1,008,127.31 Total cases 336 357 367 364 367 373 375 137 144 136 132 133 Food & Nutrition Services Apps Approved 431 465 359 335 288 317 528 244 419 478 538 460 4862 Total Cases (households) 8,073 8102 9754 14,118 8,283 8,004 7,960 8,206 8,135 7,817 7,817 7,668 Benefits Issued $2,039,683.00 $2,054,689.00 $4,139,910.00 $2,180,584.00 $2,142,769.00 $2,049,752.00 $4,151,681.00 $1,626,034.00 $2,246.915.00 $2,048,774 00 $2,162,925.00 $1,929,500.00 $28,773,216.00 Adult Medicaid Apps Approved % 119 72 171 118 69 161 115 104 85 86 94 1290 Total Cases 9,141 8,715 8,519 8.532 8,651 10,133 10,206 11398 11444 11368 11384 11297 Family & Children's Medicaid Apps Approved 192 233 184 237 134 169 257 210 189 188 206 219 2418 Total Cases 11,557 12,164 12,265 15,890 I 5,959 16,003 17,108 16,983 17,170 17,258 17,270 17.264 Fraud Total Collections $9,948.60 $11,465.76 $7,659.39 $9,289 98 $7,746.83 $10,442 08 $13,926.00 $7,330.43 $14,681.35 $80,002.30 $24,877.05 $20.629 22 $217,998 99 ChildCare Children Served 769 816 792 788 782 788 820 788 814 988 979 941 To1al Expenditures $329,708 00 $344,668.00 $306,701.00 $409.679 00 $457,354.00 $420,499.00 $460.689 00 $395,162.00 $444,976.00 $457,001.00 $448.821.00 $422.068 00 $4,897,326.00 Child Support Total Collections $788,908 $781,629 $707,402 $799,472 $757,023 00 $730,680.00 $749,578.00 $752,406 00 $1,027,108,00 $882,751.00 $885,222.00 $788,057.00 $9,650,236.00 080519a HCBOC Page 123 080519a HCBOC Page 124 Working Together: School Boards, Counties, and Local Funding for Public Schools 2019 Kara A. Millonzi Albert & Gladys Coates Distinguished Term Professor of Public Law and Government UNC-CH School of Government What do you think are the THREE biggest CHALLENGES…for the OTHER board? 2 •Constitutional Mandate •Governance Framework •General Funding Scheme •Local Funding Issues CONSTITUTIONAL MANDATE 5 North Carolinians “have a right to the privilege of education, and it is the duty of the State to guard and maintain that right.” Article I, Sect. 15 The General Assembly must provide “for a general and uniform system of free public schools, which shall be maintained at least nine months in every year, and wherein equal opportunities shall be provided for all students.” Article IX, Sect. 2(1) These provisions guarantee “every child of this state an opportunity to receive a sound basic education in our public schools.” The constitution, however, ”does not require substantially equal funding or educational advantages in all school districts….” Leandro v. State, 346 NC 336 (1997) The General Assembly may assign to units of local government such responsibility for the financial support of the free public schools as it may deem appropriate.The governing boards of units of local government with financial responsibility for public education may use local revenues to add to or supplement any public school or post-secondary school program. Article IX, Sect. 2(2) The constitution “expressly authorizes the General Assembly to require that local governments bear part of the costs of their local public schools. Further, it expressly provides that local governments may add to or supplement their school programs as much as they wish….” Leandro v. State, 346 NC 336 (1997) Inputs Outputs •Every school is provided in the most cost-effective manner, the resources necessary to support effective instruction within that school so that all children, including at-risk children, have an equal opportunity to obtain a sound basic education •Sufficient ability to read, write, speak English; sufficient knowledge of fundamental mathematics and physical science to enable student to function in society •Every classroom staffed with competent, certified, well-trained teacher •Sufficient fundamental knowledge of geography,history, and basic economic and political systems to enable student to make informed choices •Every school is led by a well-trained, competent principal with the leadership skills and ability to hire and retain appropriate teachers •Sufficient academic and vocational skills to enable student to successfully engage in post-secondary education or vocational training •Sufficient academic and vocational skills to enable student to compete on equal basis with others GOVERNANCE FRAMEWORK 9 K-12 Public Education General Assembly State Board of Education Super-intendent of Public Instruction Department of Public Instruction Local Boards of EducationCounty Board Municipal Board Citizens/ Taxpayers Federal Government General Assembly •Sets educational policy standards •Delegates authority/responsibilities to State Bd., local school bds. and county bds. •Appropriates $$$ Public Schools NC Constitution •Establishes educational mandate •Assigns certain roles State Board of Education •Supervises & administers school system •Sets policies, rules, standards, and certifies teachers •Adopts standard course of study •Adopts and supplies textbooks •Sets accountability standards Superintendent of Public Schools •Serves as State Bd. of Ed’s chief admin officer •Executes board policies •Manages DPI Department of Public Instruction (DPI) •Provides leadership and assistance to local school boards •Collects and compiles statistical and financial data •Approves distribution of lottery funds for school construction projects Local Board of Education •Governs local school admin unit •Hires, fires school employees •Sets education policy within state guidelines •Preserves school unit’s assets and manages school budget •Informs county commissioners of school unit’s needs County Commissioners •Appropriates $ •Approves certain school board contracts •Sets school board members’ salaries •Conducts special school referendums •Approves expenditures for school sites •Constructs school facilities •Initiates school mergers Municipal Board •Appropriate $ Local Board of Education •Governs local school admin unit •Hires, fires, supervises school employees •Sets education policy within state guidelines •Preserves school unit’s assets and manages school budget •Informs county commissioners of school unit’s needs County Commissioners •Appropriates $ •Approves certain school board contracts •Sets school board members’ salaries •Conducts special school referendums •Approves expenditures for school sites •Constructs school facilities •Initiates school mergers 12 FUNDING SCHEME 13 •State Position Allotments (ADM) •State Dollar Allotments (ADM) •State Targeted Allotments •Lottery ADM •Lottery Targeted STATE LOCAL FEDERAL •County Property Tax Appropriations •County Debt Service •County Sales Tax Allocation •County Direct Expenditures •Fines, Penalties, Forfeitures •Voted Supplemental Tax •Other Local Revenues •Title I •IDEA •Child Nutrition •Other Direct Delegation of Funding Responsibility to Counties Indirect Delegation of Funding Responsibility to Counties •G.S.115C-521: school facilities, furniture and apparatus •G.S. 115C-249: buildings for bus and vehicle storage •G.S. 115C-522(c):library, science, and classroom equipment •G.S. 115C-522(c): water supply and sanitary facilities •G.S. 115C-524(b): keeping school buildings in good repair •G.S. 115C-524: school maintenance and repairs •G.S.115C-522(c): instructional supplies and reference books •G.S. 115C-534: school property insurance •G.S.115C-525(b): fire inspections •G.S. 115C-431:sufficient funds for operating expenses and capital expenses each year that, when added to other financial resources available to the school unit for these purposes, allow the school unit to provide all students with an opportunity to receive a sound basic education Budgeting Process Step 1 •Ongoing Discussions Between Boards Step 2 •Public School Superintendent Presents Superintendent’s Budget to Local School Board (by May 1) Step 3 •Local School Board May Hold Hearing on Superintendent’s Budget •Local School Board Makes Changes and Adopts Proposed Budget Step 4 •Local School Board Submits Entire Proposed Budget to County (by May 15) •Board of County Commissioners May Request Further Information from Local School Board Step 5 •County Board of Commissioners Makes Appropriations to Local School Administrative Unit Step 6 •OPTIONAL: Dispute Resolution Process Step 7 •The local board of education adopts a budget resolution Appropriation Factors Educational goals and policies of the State and the local board of education Budgetary request of the local board of education Financial resources of the county and the local board of education Fiscal policies of the board of county commissioners and the local board of education Fund 2: Local Current Expense Fund (Mainly County Funded) •County appropriations •Fines, penalties, forfeiture distributions •Supplement school taxes •Other monies accruing to the school unit for operating expenses Fund 4: Capital Outlay Fund (Mainly County Funded) •County appropriations (including earmarked sales taxes and lottery monies) •Supplemental school taxes •Proceeds of sales of capital assets •Donations/grants restricted to capital Fund 8 (Limited County Funding) •Restricted gifts and grants •Reimbursements •Tuition •Sales tax distributions •Sales tax refunds •Funds for pre-kindergarten programs •Federal appropriations directly to school unit •Trust funds Purpose/Function Instructional Services •Regular Instructional Services •Special Population Services •Alternative Programs and Services •School Leadership Services •Co-curricular Services •School-Based Support Services Supporting Services Programs •Support and Development Services •Special Populations Support and Development Services •Alternative Programs and Services Support and Development •Technology Support Services •Operational Support Services •Financial and Human Resources Services •Accountability Services •System-Wide Pupil Support Services •Policy, Leadership, and Public Relations Services Ancillary Services •Community Services •Nutrition Services •Adult Services Non-programmed Charges •Payments to Other Government Units •Unbudgeted Funds •Debt Services •Interfund Transfers •Contingency •Educational Foundations •Scholarships Capital Outlay Category I (appropriate by project) •Acquisition of real property •Construction, reconstructions, enlargement, renovation, or replacement of buildings and other structures for school purposes Category II (appropriate by category) •Acquisition or replacement of furnishings and equipment Category III (appropriate by category) •Acquisition of school buses, activity buses, and other motor vehicles Dispute Resolution Process A school board may challenge a county’s appropriation of capital outlay funds or operational funds, or both, if it feels the amount appropriated is “not sufficient to support a system of free public schools.” Dispute Resolution Process Joint Meeting Mediation Statutory Formula for Operating Litigation for Capital Step 1 Step 2 Step 3 Per pupil maintenance of effort + inflation LOCAL FUNDING ISSUES 25 School board budget includes request for $86,000 for teacher supplements in targeted grades. •Must the county commissioners fund the teacher supplements? •May the county commissioners mandate that the $ be used for teacher supplements? •May the county commissioners eliminate the appropriation if the $ is not used for teacher supplements? 26 School board identifies need for new high school. Cost estimates are $58 million for site and size school that school board deems best (and is approved by state). •Must the county commissioners fund the school? •May the county commissioners mandate that a different site be chosen? •May the county commissioners require that a school board get additional bids for the project? •If appropriated in the county budget, must the county disburse the money to the school board? •May the school board dictate the type of financing used to fund the school? •May the school board change the type or scope of project after the budget is adopted? 27 G.S. 115C-521 It shall be the duty of the local boards of education to make provisions for the public school term by providing adequate school buildings equipped with suitable school furniture and apparatus.The needs and the cost of those buildings,equipment,and apparatus,shall be presented each year when the school budget is sub- mitted to the respective tax-levying authorities. The boards of commissioners shall be given a reasonable time to provide the funds which they, upon investigation, shall find to be necessary for providing their respective units with buildings suitably equipped, and it shall be the duty of the several boards of county commissioners to provide funds for the same. 28 G.S. 115C-521 The building of all new school buildings and the repairing of all old school buildings shall be under the control and direction of, and by contract with, the board of education for which the building and repairing is done. 29 G.S. 115C-441 A local school administrative unit may enter into a contract for capital outlay expenditures, some portion or all of which is to be performed or paid in ensuing fiscal years, without the budget resolution including an appropriation for the entire obligation, provided all of the following apply: a. The budget resolution includes an appropriation authorizing the current fiscal year's portion of the obligation. b. An unencumbered balance remains in the appropriation sufficient to pay in the current fiscal year the sums obligated by the transaction for the current fiscal year. c. Contracts for capital outlay expenditures are approved by a resolution adopted by the board of county commissioners, which resolution when adopted shall bind the board of county commissioners to appropriate sufficient funds in ensuing fiscal years to meet the amounts to be paid under the contract in those years. 30 Eat, Tour, Talk •Receive training on other board’s obligations and financials •Encourage regular joint staff meetings •Develop common language •Identify common interests •Share full financial information and plans •Engage in joint planning 36