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HomeMy WebLinkAbout040620a revised040620 HCBOC Page 1 HARNETT COUNTY BOARD OF COMMISSIONERS County Administration Building 420 McKinney Parkway Lillington, North Carolina Regular Meeting April 6, 2020 9:00 am This meeting will not be open to members of the public to attend in person however, li st ening o ptions are provi de below. 1. Call to order -Chairman Howard Penny 2. Pledge of Allegiance and Invocation -Vice Chairman Joe Miller 3. Consider additions and deletions to the published agenda 4. COVID 19 Update 5. Consent Agenda A. Minutes B. Budget Amendments C. Tax rebates, refunds and release s D. Hamett County Cooperative Extension requests approval to accept a trailer, valued at $2,541, as a gift from NCSU's Local Foods Program to haul the 4-H glean machine used for 4-H programs and demonstrations in teaching young participants . E. Hamett County Emergency Services requests approval to accept a donation by the Home Fire Sprinkler Coalition in the amount of $500. F. Hamett Regional Water requests approval of award of bid to Temple Grading and Construction Company of Bunnlevel, NC for a construction project in the amount of $2,482,591.50. The project consists of the construction of approximately 35,000 linear feet (6.5 miles) of waste water force mains and three waste water lift stations to serve three schools in Hamett County. G . General Services/Hamett Area Rural Transit System (HARTS) requests approval of the NCDOT/PTD additional documentation required to complete the FY2021 grant application. The application for grant funding in the amount of $610,696 with a local match of$75,356 was approved on October 21, 2019. 6 . Appointments 7 . Nonprofit Funding Committee's 2020/2021 Funding Request, Committee Chairman Lucia Turlington 8. Consider Resolution of the Hamett County Board of Commissioners Authorizing the Conveyance of Real Property by Private Sale -Edgerton Industrial Park II , County Attorney Dwight Snow Page 1 of 3 040620 HCBOC Page 2 9. Consider Resolution of the Harnett County Board of Commissioners Authorizing the Conveyance of Real Property by Private Sale -Brightwater Subdivision, County Attorney Dwight Snow 10. Proposed Acceptance by Harnett County of Easement and Railroad Right of Way Corridor from Hanson Aggregates Southeast, LLC, County Attorney Dwight Snow 11 . Presentation and consideration of the Harnett County Greenway Master Plan Capital Project Ordinance, Carl Davis, Director of Harnett County Parks and Recreation Immediately following consideration of the Harnett County Greenway Master Plan Capital Project Ordinance, Harnett County Parks and Recreation requests approval of the contract with Alta Planning + Design, Inc for professional services to develop at bicycle, pedestrian, and greenway plan for $65,000. The Plan will outline a County-wide multi-use trail system linking parks, schools, municipalities, cultural points of interest, and residential areas within Harnett and surrounding areas. 12. Harnett County Parks and Recreation requests approval of an increasing change order in the amount of $264,064 to YRU Contracting to add additional trail construction, asphalt paved trails, observation decks and canoe/kayak launch at the Government Complex Park, Carl Davis, Director of Harnett County Parks and Recreation 13. Presentation and consideration of the Harnett County COVID-19 Policy, Senior Staff Attorney Christopher Appel 14 . Presentation and consideration of proposed Personnel Ordinance changes, Senior Staff Attorney Christopher Appel and staff 15. County Manager's Report -Paula Stewart, County Manager Harnett County DSS Monthly Report Totals -February 2020 Erwin Elementary School -New Facility Schedule 16. New Business 17. Closed Session 18. Adjourn Possible Add-ons: I. 5-H. General Services requests waiver of fares associated with Rural General Public Program (RGP) portion of the annual Rural Operating Assistance Program (ROAP) during the current COVID-19 event. The fares are Dial-a-Ride $3 for in-county and $5 for out-of-county transportation for those individual passengers excluded from other grant programs. 2 . 5-I. 2020 National Service Recognition Proclamation Page 2 of 3 040620 HCBOC Page 3 CONDUCT OF APRIL 6 AND APRIL 20 MEETINGS OF THE HARNETT COUNTY BOARD OF COMMISSIONERS Balancing the need to continue to conduct the business of the County and the need to comply with the Governor's Executive Order and prudent recommendations from the CDC and the NCDHHS , the Hamett County Board of Commissioners will convene their April 6 , 2020 and April 20, 2020 regular meetings under certain conditions: 1. A quorum of the Hamett County Board of Commissioners and staff will be stationed in the meeting chambers to maintain the recommended social distancing of 6 feet. Some commissioners may also call into the meeting. 2. Only County government staff necessary to conduct the meeting or to speak on scheduled agenda items will be in attendance . 3 . Public hearings are planned to resume during the Board 's regular May 18th meeting. 4 . The April 6th and April 201h meetings will not be open to members of the public to attend in person as we are observing the current provisions of any Executive Orders related to mass gatherings and public health guidance regarding social distancing. The public will have the opportunity to listen to the meetings live online or by calling into the meetings . 5. The meeting will be streamed live on Hamett County Government 's YouTube Channel at: https://www.youtube.com/channel/UCU7mTF6HTD65x 98EhAMeMg/featured 6 . If you wish to call in and 1 isten to the meeting you may dial (910)814-6959. Please remember to mute your phone while listening so as not to disrupt others listening. 7 . There is no public comment period scheduled for April 6, 2020. General Statute dictates that the Board only provide public comment once a month. There will be a public comment period available on April 20, 2020 . Citizens may submit their comments in writing to gwheeler@hamett.org no later than noon on Monday, April 20th and comments will be read aloud during the meeting as time allows . If you prefer to call in and provide your comments verbally you may do so by dialing (910)814-6959 at 6:00 pm on April 20th . 8 . The meeting will be recorded and posted on the website following the meeting as usual. You may also follow along on Twitter @HamettCounty to get live update s during the meeting. The Board appreciates the public 's patience and understanding as they seek to ensure the continuity of county operations while demonstrating compliance with State law and prudent public health practices in these difficult times . Page 3 of 3 040620 HCBOC Page 4 AGENDA ITEM .5-A HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting March 16, 2020 The Hamett County Board of Commissioners met in regular session on Monday, March 16 , 2020, in the Commissioners Meeting Room, County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Members present: Staff present: Howard Penny, Jr., Chairman Joe Miller, Vice Chairman Mark B. Johnson, Commissioner Barbara McKoy, Commissioner Gordon Springle, Commissioner Paula Stewart, County Manager Dwight Snow, County Attorney Allen Coats, Deputy Finance Officer Margaret Regina Wheeler, Clerk Chairman Penny called the meeting to order at 6:00 pm. Commissioner Springle led the Pledge of Allegiance and invocation. Chairman Penny called for any additions or deletions to the published agenda. Commissioner Springle moved to approve the agenda as published. Commissioner McKoy seconded the motion that passed unanimously. Vice Chairman Miller moved to approve items on the consent agenda. Commissioner McKoy seconded the motion, which passed unanimously. 1. Minutes: March 10, 2020 Work Session March 2, 2020 Regular Meeting February 11 , 2020 Planning Retreat 2. Budget Amendments : 23 Facilities Maintenance Code 1109910 599000 1104230 543080 293 Emergency Services Code 1104410 330310 1103900 390990 Contingency Rental -Buildings State Funds Fund Balance Appropriated 46,800 decrease 46,800 increase 32,840 increase 32,840 decrease March 16, 2020 Regular Meeting Minutes Hamett County Board of Commissioners Page 1 of 5 040620 HCBOC Page 5 3. Tax rebates, refunds and releases (Attachment 1) 4. Administration requests approval of Resolution Supporting the Formation of the Triangle Trails Initiative (Attachment 2) Chairman Penny opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. The following citizen addressed the Board: Jerry Rivas of 364 Twin Ponds Lane in Sanford Vice Chairman Miller moved to approve the following appointments. Commissioner Springle seconded the motion that passed unanimously. Harnett County Community Child Protection Team The following were appointed to serve as a member of this team: o Wayne Coats or designee from Sheriff Department; o Thomas Hill, Scott Chase or designee from the Family Advocacy Program at Fort Bragg as an optional member; o Tonya Gray de Vazquez, Susana Rodriquez or designee as Executive Director of SAFE as an optional member o Laurie Perez as a representative from our MCO (Sandhills Center) as an optional member; and o Tara Fish, an optional member from the Harnett County Partnership for Children Hamett Health System Board of Trustees o Gene Lewis, representing District 3, was reappointed to serve a three year term - April 1, 2020 through March 31 , 2023 . o Susan Chriscoe, representing District 4, was reappointed to serve a three year term -April 1, 2020 through March 31, 2023. o Dr. Bradley Creed, representing District 3, was reappointed to serve a three year term -April 1, 2020 through March 31, 2023. Summerville Bunnlevel Fire & Rescue Relief Fund Earl Cameron was appointed to replace Everette Hurley on this relief fund board. Larry Smith, Director of Hamett County Emergency Services, presented Coats Fire and Rescue's request for approval to purchase of a new brush truck. The current brush truck is 35 years old, was purchased through the military surplus program, and has some challenging safety concerns coupled with increasing maintenance needs and unique parts. The replacement cost for the new vehicle is $70,000. Coats Fire and Rescue will finance the truck for 5 years with an approximate annual payment of$15,000. Commissioner Springle moved to approve the request as presented. Commissioner Johnson seconded the motion that passed unanimously. March 16, 2020 Regular Meeting Minutes Hamett County Board of Commissioners Page 2 of 5 040620 HCBOC Page 6 Mark Locklear, Director of Hamett County Development Services, petitioned the Board for a public hearing: Proposed Rezoning: Case# PLAN 2002-0001 -Landowner / Applicant: Elizabeth E Cannon / KDP Development, LLC ; 15.67 +/-acres; Pin #'s 0651-96-2858.000 & 0651-96-2624.000; From RA-40 to RA-30 Zoning District; SR # 1436 (Matthew's Road) Neill 's Creek Township. There is one residence on the two parcels and per the application, the intent is to develop this property and build custom residential homes. Surrounding land uses include vacant/undeveloped and agricultural land. Also , single family residential uses that consist of stick-built and manufactured homes. Services available include Hamett County public water and private septic tank. Mr. Locklear noted that on March 2 , 2020, the Harnett County Planning Board voted unanimously (4-0) to recommend approval of application based on compatibility to the Land Use Plan and due to the existing residential uses in the area. He noted two citizens attended the meeting but no one spoke in opposition. Mr. Locklear stated staffs evaluation as: The IMP ACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The impact to the surrounding community is reasonable, as the requested zoning district is similar in nature to the surrounding area. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning to RA-30 is compatible with the overall land use classification of Medium Density Residential, as well as within the Compatibility Development Target area. The MDR l and use class could have lot density that range from 2-5 units per acre. The Compatibility Development Target areas is based on potential water & sewer availability, which leads to flexibility with lot sizes. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning to RA-30 would maintain the public health, safety and general welfare due to the existing residential uses within the area. The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Due to the total size of the tracts, similarity of the two districts , as well as Land Use compatibility, this application does not need to be considered for a Small Scale Rezoning. Suggested Statement-of-Consistency: Staff concludes that the requested rezoning to RA-30 would not have an unreasonable impact on the surrounding community and will maintain the public health, safety, and general welfare based on the existing residential uses and compatibility with the County 's Land Use Plan. It is recommended that this rezoning request be approved. Mr. Locklear responded to questions from commissioners. Chairman Penny called to order a public hearing on the matter and opened the meeting for comments from the public. , Phil Stephenson with KDP Development, LLC, the applicant, said they hope and plan to have 25,000 square foot lots so they can have septic on them. He responded that 16 to 18 custom homes are currently planned on the properties. He also said they plan to sell the original residence on the property. March 16, 2020 Regular Meeting Minutes Hamett County Board of Commissioners Page 3 of 5 040620 HCBOC Page 7 Seeing no one else move, Chairman Penny closed the public hearing. Commissioner Springle moved to approve the requested rezoning to RA-30 as it is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community based on the existing residential uses as well as compliance with the County's Land Use Plan. Commissioner Johnson seconded the motion, which passed unanimously. Mr. Locklear petitioned the Board for a public hearing: Proposed Text Amendment: Case # PLAN 2001-0003 -Hamett County Unified Development Ordinance, Article VII : Development Design Guidelines, Section 2.1 Comprehensive Transportation Plan; Section 8.1 Open Space General Provisions; Section 8.2 Design Standards for Open Space; Section 9.3 Streetscape Buffer for Major Subdivisions. Mr. Locklear reported that the Harnett County Planning Board, at their March 2, 2020 meeting, voted 4-0 to recommend approval of the Text Amendment application based on compliance with NCDOT. Mr. Locklear gave a quick overview of the proposed changes previously reviewed in more detail during a work session. He read the following Suggested Statement-of-Consistency: Staff concludes that the requested Text Amendment is compatible with Hamett County regulatory documents, as well as NCDOT 's, and the benefits outweigh any potential inconvenience or harm to the community therefore it is recommended that this Text Amendment request be approved. Mr. Locklear responded that the Home Owners Association (HOA) would be responsible for maintaining any open space. Chairman Penny called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman Penny closed the public hearing. Commissioner Springle moved to approve the Resolution Amending the Hamett County Unified Development Ordinance as presented. Vice Chairman Miller seconded the motion that passed unanimously. (Attachment 3) Mrs. Stewart presented Harnett County Schools ' request for approval to use a Spectrum PEG (Public, Educational, Governmental) Channel as an educational channel. In the request from Jennifer Byrd, Hamett County Schools Chief Technology Officer, she said "as a form of digital signage, Hamett County Schools would like to use the PEG channel to promote events, inform parents, and keep the community abreast of the great things happening. We feel certain this type of increased engagement is a much better investment than paper handouts. Looking forward , Career Technical Education may also use this channel for student-led broadcasting. Hamett County Schools TV (HCSTV) would like to offer a unique learning experience for our high school students. Once the channel is established, it is our intent that most of HCSTV' s programming is created entirely by the high school CTE and journalism classes. Students will write and produce newscasts as well as man all crew positions for live and taped events. The students will be responsible for enterprising store ideas and reporting other news from the district as well." March I 6, 2020 Regular Meeting Minutes Hamett County Board of Commissioners Page 4 of 5 040620 HCBOC Page 8 Mrs. Stewart said that Harnett County will work with Harnett County Schools whenever govenunent information is needed to be broadcasted. She also reminded the group that CCCC, who uses Lee County's PEG channel, has offered to broadcast for Hamett County. Commissioner Springle moved to approve allowing Hamett County Schools to use one of Hamett County's Spectrum PEG Channels as an educational channel. Vice Chairman Miller seconded the motion that passed unanimously. Ms. Stewart presented the following reports: Hamett County Veterans Services Activities Report -February 2020 Harnett County Public Health Activities Summary -February 2020 Community Child Protection Team (CCPT) Annual Report N.C . Department of State Treasurer Contribution-Based Benefit Cap Report Interdepartmental Budget Amendments Harnett County Health Director John Rouse and Emergency Services Director Larry Smith provided an update on COVID-19 including processes, procedures and preparedness. Chairman Penny read a prepared statement regarding Hamett County's Declaration of a State Emergency. Commissioner Springle moved to approve the Declaration of a State Emergency. Commissioner Johnson seconded the motion, which passed unanimously. Commissioners opted not to cancel any upcoming work sessions or regular meetings at this time. Hamett Regional Water Director Steve Ward addressed the Board regarding utility matters. Mr. Ward recommended, in order to minimize the spread ofCOVID-19, that HRW temporarily suspend all water disconnections due to non-payment to ensure that all customers have safe, clean water for washing and drinking. He said they would reassess this after some time. It was the consensus of the Board that HRW temporarily suspend all water disconnections due to non- payment. Chairman Penny called for any new business. Vice Chairman Miller announced that Monica Jackson, former Senior Staff Attorney for Hamett County, recently won a case at the NC Supreme Court. There was no need for closed session. Commissioner Springle moved to adjourn the meeting at 6:52 pm. Commissioner McKoy seconded the motion, which passed unanimously. · · .. ··· · · ·: · ~ ·: · Howard Penny, Chairman Margaret Regina Wheeler, Cl ~::::.::··:::: March 16, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 5 040620 HCBOC Page 9 A TT A(.;tttvtr..r"'I 1 1 Approved by the Harnett County Board of Commissioners AGENDA ITEM ,.,, -C Dale *"'T BoaidReport ---:,----~ -~ t e'k Date 03/16/2020 • I Approved He t?:ac 3 -/ft, -~ 0 To: Harnett County Board of Commissioners Re: Consideration of Refund for Taxes, Interest and Penalities for all Muncipalities --·---·--___ .... --. Adjustment Reason Bill Number Adjustment 0002260944-2019-2019-0000-00 William R. Tyson Tax Administrator Type Received Amount Refund Amount Name IND 21.07 21.07 ESTRADA, TELESFORD AGUIRRE > ""'3 ""'3 > \) ~ ~ 'Z ""'3 ,... 040620 HCBOC Page 10 ATTA CHM.EN T 2 r:~ ,~ Har nett ~,r-~ C O U N T Y _ii!!__ ~'N .;.O_R..;T_H~CA_R_O_L.;..I_NA.;..... _______________________________ _ www.ha rn ett.org A Resolution by the Harnett County Board of Commissioners Supporting the Formation of the Triangle Trails Initiative Whereas, Harnett County, North Carolina is committed to maintaining and enhancing the quality of life for citizens throughout the region and recognizes that the "Triangle Trails Initiative" will contribute to quality of life by weaving together community and regional assets via a network of trails and greenways; and Whereas, the "Triangle Trails Initiative" recommends linking trails and greenways together, across a multi-county regional landscape, gaining cooperation of public and private sector interests that encourage col1aboration; and to create a network that will , in the long term, provide transportation, exercise, leisure, safety, accessibility, recreation, community and economic benefits aimed at enhancing the quality of life; and Whereas, many communities, agencies, and trail advocates in the region have taken a lead in planning and building local trails and greenways, and those efforts can be greatly enhanced by being connected to a larger regional network of trails; and Whereas, trails and their green landscape areas help improve the quality of the air we breathe by preserving trees and vegetation, by promoting reduce congestion through non-motorized transportation, and enhance the quality of our water through natural buffers mitigating the impacts of storm water run- off; and Whereas, trails and greenways are freely accessible community assets offering opportunities for transportation, recreation and exercise to everyone, including children and families , providing safe places for county residents to experience a sense of community, celebrate our history and culture, and create stronger social ties; and Whereas, trails have significant impact on the health and economic viability of the region encouraging active lifestyles, increased levels of tourism, enhanced property values, added jobs, as well as enhanced ability to attract and retain businesses to the region due to improved quality of life; and Whereas, the "Triangle Trails Initiative" provides the foundation for a Jong term strategy that will continue to grow and to provide an invaluable resources for our children, grandchildren and great grandchildren ; and Now, Therefore, Be It Resolved that the Harnett County Board of Commissioners supports the concept of working within a regional framework to plan, design, develop and link protected undeveloped landscapes and natural resources by endorsing the "Triangle Trails Initiative." Adopted by the Harnett County Board of Commissioners in regular session, this 16th day of March 2020. 040620 HCBOC Page 11 ATTACHMENT3 A RESOLUTION AMENDING THE HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE WHEREAS , the Board of Commissioners of Harnett 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 Hamett County Unified Development Ordinance Article VII: Development Design Guidelines, Section 2.1 Comprehensive Transportation Plan; Section 8.1 Open Space General Provisions; Section 8.2 Design Standards for Open Space; Section 9.3 Streetscape Buffer for Major Subdivisions, of the UDO shall be amended to read as indicated in "Attachment". "Attachment" is filed with the Unified Development Ordinance in the C lerk to the Board 's Office. Duly adopted this 161h day of March 2020 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS stro ng roots • new growth 040620 HCBOC Page 12 Article VII Development Design Guidelines. Section 2.0 Street & Transportation Standards 2.1 Comprehensive Transportation Plan 2. 1.1 Pu,pose & Applicabiliry The Hamett County Comprehensive Plan (CTP) is an officially adopted plan addressing long range transportation needs regarding land use and development within Hamett County. It shall be the responsibility of developer(s) of major subdivi sions, minor subdivisi ons, and nonresidential sites to comply with the Hamett County Comprehensive Transportation Plan (CTP) to further the purpose of said plan. 2.1.2 Required Improvements All such development located adjacent to a corridor that is included in the County's adopted Comprehensive Transportation Plan, or any other officially adopted Plan, shall comply with the prescribed improvements as indicated within said Plan. 2.1.3 Measurement of Land Area far Future Right-of W cry All such development located adjacent to a corridor identified by the CTP for future widening shall include building setbacks measured from the future right(s)-of-way identified, in order to accommodate future street widening. Existing nonresidential lots of less than one (1) acre in size shall be exempt from this requirement. Land area necessary for future right(s)-of-way, shall be determined as identified by NCDOT plan s where as available, or otherwise by applying half of the right(s)-of-way width recommended in the Harnett County Comprehensive Transportation Plan (CTP) along each side of the thoroughfare's existing edge of right(s)-of-way or centerline alignment, whichever is applicable. Section 8.0 Open Space 8.1 General Provisions A. The Board of Commissioners declares the purposes and intent of the open space regulations adopted and prescribed in this Section to be as follows: 1. To provide adequate improved recreational open space areas and unimproved open space; 2. To provide prime v iews and open vis tas, providing relief from an urban landscape; 3. To encourage the preservation of existing trees and vegetation; 4. To encourage the retention of environmentally sensitive areas, such as, steep slopes, bodies of water, streams, wetlands and land adjoining the Cape Fear River; 5. To encourage the protection of air and water quality; 6. To enhance flood control; and 7. To provide protection for historically or archeologically significant areas. 8. A minimum of 10 percent (10%) of the total open space provided in residential developments s hall include improved open space area(s) as defmed by this Ordinance. The improved open space area shall be proportionate to the entire development and, if applicable, each phase shall include an area of improved open space. In no case shall an open space area be less than the smallest lot within the phase in which the open space is located. B. For purposes of this document, usable open space means an area that: 1. Is not encumbered with any structure unless such structure is intended for recreational open space purposes; 2. I s not contained within street right(s)-of-way or otherwise devoted to use as a roadway, ingress/egress easement, or parking area not associated with the use of the open space; 3. Is left in its natural or undisturbed state (as of the date development began), if wooded (except for ,the cutting of trails for walking or jogging) or, if not wooded at the time of development, is landsc aped for ballfields, picnic areas, play areas, or similar recreational open space facilities, or is properly vegetated and landscaped with the 040620 HCBOC Page 13 objective of creating a wooded area or other area that is consistent with the objective set forth in; 4. Is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation; 5. Is legally and practicably accessible to the residents of the development out of which the required open and recreational open space is taken, or to the public if dedication of the open and recreational open space; and 6. I s not encumbered by private underground septic lines, any part of a private sewage disposal system, or any private above-ground or below-ground septic related structure, or related easements. C. The following areas shall be regarded as open space where such areas satisfy the criteria set forth in the above Section: 1. Public utility easements located outside of street right(s)-of-way such as drainage, access, sewer or water lines, or other public purpose 2. Private cemeteries located on a tract prior to its development 3. Areas used for growing crops 4. Agricultural and horticultural uses, specifically excluding commercial livestock operations 5. Pastureland for horses used solely for recreation purposes 6. Public or private recreational facilities including but not limited to playgrounds, tennis courts, ball fields, volleyball courts, etc., which are improved to the accepted national or local standards for size and associated amenities. 7. Neighborhood open space uses such as village greens, community gardens, and trails 8. Golf or tennis club open to the public D. The following areas shall not be regarded as open space and shall not be counted toward open space required by this Section: 1. Islands or internal planted areas required by other Sections of this Ordinance shall not be considered open space for the purposes of this Section. For example, islands in parking lots shall not count towards required open space. E. Flexibility in Administration Authorized 1. The requirements set forth in this Section concerning the amount, size, location, and nature of open space to be provided in connection with residential developments are established by the Board of County Commissioners as standards that presumptively will result in the provision of that amount of open space that is consistent with generally recognized standards relating to the need for such areas. The Board recognizes, h owever, that due to the particular nature of a tract of land, or the particular type or configuration of development proposed, or other factors, the underlying objectives of this Section may be achieved even though the standard s are not adhered to with mathematical precision. Therefore, the Planning Board is authorized to permit minor deviations from these standards whenever it determines that: a. The objectives underlying these standards can be met without strict adherence to them; and b. Because of peculiarities in the developer's tract of land or the particular type or configuration of the development proposed, it would be unreasonable to require strict adherence to these standards. 2. Whenever the Planning Board authorizes some deviation from the standards set forth in open space requirement, the official record of action taken on the development application shall contain a detailed statement of the reasons for allowing the deviation. 8.2 Design Standards for Open Space A. All floodplains, streams, ponds, lakes, and other water bodies are encouraged to be contained in open space area. B . All wetlands, and blue-line streams with a required vegetative, riparian buffer, shall be contained in open space areas, unless platted prior to September 16, 2019 or mitigated via the US Army Corps of Engineers permitting process. C. For developments located entirely or partially within a Conservation Zoning District that surrounds a water feature (wet or dry), a minimum of 50 percent (50%) of the depth of the District (measured perpendicularly from the water feature and located closest to the water feature) shall be dedicated to open space D. This dedication of open space shall count towards any other open space requirements. E. Prime Views & Open Vistas 040620 HCBOC Page 14 Such area shall be defined as the area between existing street right(s)-of-way and property line of proposed lots for the new development. 1. Developments located adjacent to Interstate and Principle Arterials shall provide a 175 foot minimum of prime views 2. Developments located adjacent to Minor Arterials and Major and Minor Collectors shall provide a 75 foot minimum of prime views . 3. Developments located adjacent to all other street types shall provide a 50 foot minimum of prime views. 4 . Required Streetscape Buffer shall be planted within the Prime Views & Open Vista area. F. All open space area shall be permanently res tricted from future subdivision and development unless specifically stated here in. G. Common open space areas shall have a minimum of one (1) access easement to allow for utilization by all owners of property within the subdivision. Access easements shall be a minimum of 12 feet in width and shall include an identification sign. H. Parking for Improved Open Space Areas All required parking areas shall, at a minimum, be development with six (6) inches of aggregate base course (ABC) gravel and include parking stops. Shared parking shall be permitted for differing types of improved open space, utilizing the greater number o f spaces required. 1. Structures Where a structure is built, parking shall be provided in accordance with this Ordinance for the same type of facility. Structures that are not li sted in this Ordinance shall provide parking at a ratio of one (1) space per 200 square fe et of covered area. 2. Athletic Fields When an athletic field is developed, parking shall be provided at a ratio of half (1/2) of what is required by this Ordinance. 3. Pedestrian Trails & Other Improvements Where a pedestrian trail or other improvements are made, parking shall be provided at the trail h ead or main entrance with a minimum of five (5) parking spaces. 8.3 Ownership Options One (1 ) of the following methods shall be utilized for ownership of open space. A. Open space or any portion thereof may be dedicated to the County of Hamett for public use or any municipality located within the jurisdiction of Hamett County. Any dedication shall be formally accepted by the County or municipality to be valid. Nothing in this Ordinance in any way obligates the County or municipality to accept the dedication of any property; B. The common open space or any portion thereof may be retained, operated, and maintained by the developer and/ or development owner if a legal document is submitted to the County prior to the issuance of a building permit binding in perpetuity the common open space to be used as such and to be maintained in an appropriate manner. If at any future date the owner(s) of the common open space and its facilities wishes or is required to relinquish control of such facilities, the common open space shall be conveyed as described above, dedicated to the County for public use, or sold with all operating requirements and legal obligations still binding. The common open space shall forever be part of the development; C. Condominium & Homeowners' Association; All common facilities and open space areas may be controlled through the use of condominium agreements, covenants, and/ or homeowners' association by-laws . Such agreements shall be in accordance with relevant State law; D. Non-profit conservation organization; or E. Private ownership 040620 HCBOC Page 15 Section 9.0 Buffers & Landscaping 9.3 Streetscape Buffer for Major Subdivisions All subdivisions with more than six (6) lots that have lots of which abut State maintained right(s)-of-way shall be required to adhere to the following streetscape buffer requirements for all property that adjoin s an existing state maintained street, unless otherwise stated herein. Developments with lots that abut NCDOT maintained roads shall be buffered with a minimum 30 foot buffer measured from the right-of-way. 9.3.1 Streetscape Buffer Types All buffer types shall include a staggered row of large maturing trees and at least five (5) low growing shrubs for every required large maturing tree as well as one of the following screening techniques: A. A row of evergreen conifers or broadleaf evergreens placed not more than five (5) feet apart which would grow to form a continuous hedge of at least six (6) feet in height within two (2) years of planting supplemented with large maturing trees every 30 feet; or B. A masonry wall located within the required buffer; such wall shall be a minimum height of six (6) feet (above finished grade) and, if a block wall, it shall be painted on all sides, supplemented with large maturing trees every 50 feet; or an opaque fence six (6) feet in height finished side of fence shall face out, and supplemented with large maturing trees every 50 feet; or C. A berm, meeting the requirements of this Section. 9.3.2 Modification of Planting Types If it is demonstrated that existing vegetation meets the intent of this section, the subdivision administrator may waive the requirements for the plant material. 9.3.3 Ownership & Maintenan ce of Streetscape Buffers The developer shall be completely responsible for the installation and initial maintenance of all required streetscape buffers; until ownership changes through one of the methods described below: A. Ownership with a Homeowners' Association In the situation where a Homeowners' Association (HOA) will be established for the proposed subdivision then the HOA shall be responsible for modifications, maintenance, removal, or damage to the streetscape buffer. This requirement shall be clearly labeled on the preliminary and final plats for all propose d subdivisions. The developer shall remain responsible for all ownership and maintenance of streetscape buffers until the HOA has been completely established. B. Owner ship without a Homeowners' Association In the situation where there is not going to be a Homeowners' Association (HOA) established for the proposed subdivision, then the streetscape buffer shall be left under control of the lot owner provided that each lot that contains a streetscape buffer shall have a deed recorded with a restriction that the streetscape buffer remain undisturbed. Further, the restriction shall state that the land owner shall be responsible for modifications, maintenance, removal, or damage to the streetscape buffer. This requirement sh all be clearly labeled on the preliminary and final plats for all proposed subdivisions. 9.3.4 Uses Prohibited within the Streetscape Buffer The following uses shall be prohibited from being located within the streetscape buffer. A. All Structures B. Storage of equipment C. Playground equipment and other similar structures D. Driveways with the exception of main entrances to the subdivisions 040620 HCBOC Page 16 HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Work Session January 28, 2020 The Harnett County Board of Commissioners met in work session on Tuesday, January 28, 2020, in Conference Room A, County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Members present: Member absent: Staff present : Howard Penny, Chairman Mark B. Johnson, Commissioner Barbara McKoy, Commissioner Gordon Springle, Commissioner Joe Miller, Vice Chairman Paula Stewart, County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Coley Price, Assistant County Manager Brian Haney, Assistant County Manager Lindsey Lucas, Deputy Clerk Chairman Penny called the meeting to order at 9:00 am and led the Pledge of Allegiance and invocation. The following agenda was before the Board of Commissioners: }.,, Call to order, Pledge of Allegiance and Invocation }.,, Discuss the Central Carolina Tire Disposal Franchise Agreement }.,, Community Paramedic Program }.,, Discuss request for a Constitutional Rights Protection Resolution }.,, Finalize the County's Legislative Priorities }.,, County Manager's Report: }.,, Closed session }.,, Adjourn February 3, 2020 Regular Meeting Agenda Review Review applications to serve on Boards and Committees Invitations and upcoming meetings Confirm date for Appreciation Reception Harnett County Senior Staff Attorney Christopher Appel briefly reviewed the history of the franchise agreement with Central Carolina Tire Disposal approved in August 2002 and amended in 2004 and 2005. The current franchise agreement with Central Carolina T ire Disposal will expire in 2022. Thomas Womble, CEO of Liberty Tire Recycling and Central Carolina Tire January 28 , 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page I of3 040620 HCBOC Page 17 Holding, and Attorney Reggie Kelly distributed handouts and addressed the Board, noting they wish to seek a franchise agreement extension for an additional 10 years. Mr. Appel reported that a "proper application" for an extension is not defined within the County 's Franchise Ordinance. Mr. Kelly said they do not want to start over with a new application. Mr. Snow suggested that the County amend their current Franchise Ordinance to add a part regarding extensions to allow this circumstance to take place. It was the consensus of the commissioners to consider amending the Franchise Ordinance at a future meeting. Harnett County Emergency Services Director Larry Smith requested two new paramedic positions (12-hour shifts) to staff a Community Paramedic Program. Alex Belanovich, Harnett County Chief of Emergency Medical Services, was also present. Mr. Smith said the program is a collaboration with Harnett Health Systems (Betsy Johnson & Central Harnett Hospitals). He noted the program will be grant funded by the Duke Endowment Fund with funds paid to Hamett Health System and the County will be reimbursed for personnel costs. Mr. Smith said this is a three-year term grant that will hopefully become a joint cost share program afterwards. Mr. Smith said the program is designed to assist the County's citizens with better access to basic health care services in a non-emergency setting. He said they believe this program will assist with reducing hospital readmissions, non-emergent visits to the emergency room, and non- emergent use of the 911 system. The community paramedic program should address issues that frequently arise in the home setting. Mr. Smith explained the new positions' total salary (grade 109) needs, base salary of $48,000.00 with inclusion of benefits, $68,548 with a total annual cost of $137,096. He said they would utilize current vehicles and associated equipment from current in-house inventories. Commissioners will consider approval of the requested two new paramedic positions (12-hour shifts) to staff a Community Paramedic Program during their upcoming regular meeting. Mr. Appel presented a proposed draft Resolution by the Harnett County Board of Commissioners to Preserve and Defend the Constitutions of the United States and North Carolina in response to requests from citizens for a constitutional rights protection resolution. Discussions continued. Commissioners will consider approval of the proposed resolution during their upcoming regular meeting. Mr. Haney reviewed the commissioner's top six legislative priorities for the County as: 1. Assist Counties in Expanding Broadband Access to Underserved Areas (State/Federal) 2. Grant County Boards of Commissioners the Ability to Construct Schools (State) 3. Appropriate full funding for the Federal Impact Aid Program (Federal) 4. Support County Efforts to Expand Natural Gas Capacity (State) 5 . Support the County's efforts to Enhance the Harnett Regional Jetport (State) 6. Continue Support of Construction of Four Lane Highway into Wake County (State) Staff will share a list of all of the County's legislative priorities with their legislative delegation before the upcoming legislative luncheon. January 28, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of3 040620 HCBOC Page 18 Mrs . Stewart reviewed the February 3, 2020 regular meeting agenda. Commissioners discussed applications to serve on boards and committees. Mrs. Stewart reminded commissioners of upcoming meetings. The Board agreed to hold their annual Appreciation Reception on April 28, 2020 from 4 :00 until 6:00 pm. Commissioners and staff agreed to hold the 2020 Planning Retreat on February 11, 2020 at the Shawtown Community Center in Lillington. Staff has no idea when the audit will be ready or presented to the Board. Mrs. Stewart and Mrs. Honeycutt said staff should be able to use preliminary numbers for the retreat. Mrs. Stewart also distributed copies of "Campaign for Sustainable County Partnerships" and reported N.C . A&T State University 's efforts to sustain a lot of their programs across the state. She said staff recently met with Lonette Marsh with NC A&T Extension Administration who will be requesting to fund Kittrane Sander's position 50/50 in the upcoming budget. The positon is currently funded 40/60. Commissioner McKoy moved that the Board go into closed session for the following purposes: 1) To discuss certain personnel matters; and 2) To discuss certain Economic Development matters. This motion is made pursuant to N .C . General Statute Section 143-318.1 l(a)(6)&(4). Commissioner Springle seconded the motion that passed 4 -0. Commissioner Springle moved that the Board come out of closed session. Commissioner McKoy seconded the motion that passed 4 -0. Commissioner McKoy announced that she has been working with others to develop an expungement program for Harnett County. She said this would allow for a one-time expungement because young people should not be held accountable for their mistake for the rest of their lives. Mrs. McKoy said she hopes to be able to share more information about this endeavor in the near future . Commissioner McKoy moved to adjourn the meeting at 11 :35 am. Commissioner Springle seconded the motion, which passed unanimously . Howard Penny, Chairman Margaret Regina Wheeler, Clerk January 28, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 3 040620 HCBOC Page 19 HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting May 6, 2019 The Harnett County Board of Commissioners met in regular session on Monday, May 6, 2019 , in the Commissioners Meeting Room, County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Members present: Staff present: Gordon Springle, Chairman Howard PeIU1y , Vice Chairman Barbara McKoy, Commissioner Joe Miller, Commissioner Abe Elmore, Commissioner Paula Stewart, County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Chairman Springle called the meeting to order at 9:00 am . Commissioner McKoy led the Pledge of Allegiance and invocation. Chairman Springle called for any additions or deletions to the published agenda. Mrs. Stewart requested to add consideration of the Tax Department's recommendation of award of contract for the 2022 Reappraisal. Commissioner Miller moved to approve the agenda as amended. Commissioner Elmore seconded the motion that passed unanimously. Vice Chairman Penny moved to approve items on the consent agenda. Commissioner McKoy seconded the motion, which passed unanimously. 1. Minutes: April 15 , 2019 Regular Meeting April 9, 2019 Work Session 2. Budget Amendments: 9 Economic Development Code 1104930 537010 1104930 539050 1104930 544000 1104930 544095 1104930 548000 1109800 598400 Advertising Permits/Taxes/Fees Contracted Services Incentives Dues & Subscriptions Brightwater Ph II 22,000 decrease 51,000 decrease 155,000 decrease 7,500 decrease 21,000 decrease 256,500 increase May 6, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 9 040620 HCBOC Page 20 2 Department of Aging Code 1105160 523040 1105160 330210 Family Caregiver Support National Family Caregiver IIIE IO Economic Development -Brightwater Phase II Code 4404930 552000 Capital Outlay -Improvements 4403900 390981 Transfer in General Fund 51 Public Utilities Code 4917100 559000 4917100 599000 Temple Grading Contingency 130 Facilities Maintenance (Cooling towers at courthouse) Code 1104230 535010 R & M Buildings 1103900 390985 Interfund Transfer from Cap Res. 131 Facilities Maintenance (Cooling towers at courthouse) Code 5004230 555000 Capital Outlay 5009800 598100 Interfund Transfer to General Fund 143 Emergency Services Code 1104411 529090 1104411 330310 1104411 330210 708 Animal Shelter Code 1104512 502010 1104512 502020 1104512 503030 1104512 505050 1104512 506010 1104512 506020 1104512 507010 1104512 507050 1104512 507070 1104512 519000 1104512 519030 1104512 519090 1104512 521010 1104512 521030 1104512 523070 1104512 526010 1104512 532030 Emergency Supplies State Federal Salaries & Wages -Regular Salaries & Wages -Part Time 401(k)-General State Retirement -General Medical Insurance Dental Insurance Unemployment Insurance Employee Clinic OPEB Professional Services Medical Other Janitorial Supplies Uniforms Animal Supplies Office Supplies Cellular Services 2,500 increase 2,500 increase 256,500 increase 256 ,500 increase 13,482 increase 13,482 decrease 106,256 increase I 06,256 increase 106,256 decrease 106,256 increase 118 decrease 59 decrease 59 decrease 8,517 decrease 12,791 increase 221 decrease 1,743 decrease 3,557 decrease 79 decrease 11 decrease 90 decrease 60 decrease 3,900 increase 182 increase 500 decrease 5,000 decrease 618 decrease 23,236 decrease 38,201 increase 2,348 decrease May 6, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of9 040620 HCBOC Page 21 3. 4 . 708 Animal Shelter continued Code 1104512 532050 Postage 122 decrease 1104512 533010 Electricity 2,000 decrease 1104512 533030 Natural/LP Gas 3,670 decrease 1104512 533050 Water 500 decrease 1104512 533060 Sewer 662 decrease 1104512 533070 Sanitation 2 ,640 decrease 1104512 535010 R&M Building 18 increase 1104512 584000 Non-Cap Assets -Info Techno 482 increase 759 Harnett Regional Water Code 6107121 535020 R & M Equipment Collections 500,000 increase 6107121 535080 R & M Collections 250,000 increase 6107121 535050 R& M Streets 10,000 increase 6103800 380850 Insurance Settlement 760,000 increase 894 Solid Waste Code 6607 410 544000 Contracted Services 67,552 increase 6607410 535010 R & M Buildings 10,562 increase 6607410 502020 Salaries & Wages -Part Time 8,400 increase 6607410 524040 M & R Supplies -Landfill 4,449 increase 6607410 587000 Non-Cap Asset-Office Furniture 546 increase 6607410 519090 Other 41 7 increase 6607410 535030 R & M Vehicles 26 increase 6607410 502010 Salaries & Wages-Regular 55,000 decrease 6607410 531030 Training-Lodging 8,500 decrease 6607 410 531050 Training-Registration 3,200 decrease 6607410 502050 Salaries & Wages-Longevity 2,321 decrease 6607410 525090 Vehicle Supplies-Other 1,800 decrease 6607410 543080 Rental-Buildings 1,500 decrease 6607410 548000 Dues & Subscriptions 1,000 decrease 6603600 300102 SW Availability Fees 3,244,428 increase 6603600 300204 SW Availability Fees-Del 44,332 increase 6603600 360530 Entr Charges-Special Chgs 2 ,800 increase 6603800 380890 Other Revenue 2,625 increase 6603800 350490 Srvc Charges Int Earnings 340 increase 6603800 380850 Insurance Settlement 214 increase 6603 700 3 70650 Facility Fees Solid Waste 3,244,428 decrease 6603600 360580 Entr Charges-Penalties 31,680 decrease Tax rebates, refunds and releases (Attachment 1) Resolution to add road to state system (Attachment 2) May 6, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of9 040620 HCBOC Page 22 5. Hamett County General Services requested approval of the amended bylaws of the Hamett Regional Jetport Committee. The amendment removes a county commissioner representative and adds one Hamett County Economic Development Council member to the committee. 6. Hamett Regional Water requested approval of write-offs totaling $42 ,162.26 for the first quarter of 2019. All of these accounts have been delinquent for more than three years. The facilitation of these write-offs is an important step in a continuing effort to effectively manage the collections and bad-debt. 7. Hamett County GIS /E-911 requested approval of the Oakridge River Road Tower Project Ordinance in the amount of $875,000 that will be funded from the Capital Reserve-Radio Fund . This new tower will replace the current Cokesbury Tower that is located on leased property. (Attachment 3) 8. Hamett County Sheriffs Office requested approval of resolution awarding a Glock Model 15 service weapon to Major Jeffrey Huber upon his retirement. (Attachment 4) 9. Hamett County Finance Office requested approval of an amendment to the existing PNC Treasury Management Services Agreement. The key elements of this contract will be to lock the County in at current line item pricing for a period of five years with an option to renew at the end for an additional five years; and restructure the County 's current account structure to allow significantly higher interest earnings. A comparison of the previous 12 months of activity identified a potential increase in interest earnings of $18 5,447 over the current agreement. 10. Hamett County Hamett Area Rural Transit System (HARTS) requested approval of the NCDOT/PTD additional documentation required to complete the FY2020 grant application. This is a requirement to process, approve and disburse 5311 funding for FY 2020. The application for grant funding was approved on October 15, 2018 in the amount of $453,620 with a match of$59,343. Chairman Springle opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. Patsy Carson, Town of Erwin Mayor, addressed the Board. Commissioner Miller moved to approve the appointments listed below. Commissioner McKoy seconded the motion that passed unanimously. AGRICULTURE ADVISORY BOARD Frankie Spivey was appointed to serve on thi s Board as District 5 representative for a term of three years expiring April 30, 2022. May 6, 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 4 of9 040620 HCBOC Page 23 BOARD OF HEALTH Emily Barefoot was reappointed to serve on this Board for a 3-year term expiring May 31 , 2022. HARNETT COUNTY REGIONAL JETPORT Sam Womom was appointed to serve on this Board as a District 5 representative for a term of three years expiring May 31, 2022 . HISTORIC PROPERTIES COMMISSION Gordon Townsend was reappointed to serve as a District 2 member on this commission for a term of three years expiring November 30, 2021. MID-CAROLINA AGING ADVISORY COMMITTEE Chairman Gordon Springle was appointed to replace Vice Chairman Howard Penny on th is committee. SANDHILLS YMCA BOARD Commissioner Joe Miller was appointed to serve on this Board. Vice Chairman Penny nominated Jerry Milton to serve as the Chairman of the Hamett County Jetport Committee. Commissioner McKoy seconded the nomination that passed unanimously. Janet Whetstone-Perez, P.E., Sandhills Regional T raffic Engineer with NC Department of Transportation (NCDOT), presented NCDOT's request for approval of a resolution endorsing safety improvements in Hamett County -Intersection of US 401 at SR 2027 (Josey Williams Road/Horseshoe Bend Road). Commissioner McKoy shared concerns with placing a roundabout in such a rural area. Mrs. Whetstone-Perez reviewed the crash history of the intersection and responded to questions. Commissioner Miller moved to approve the Resolution Endorsing Safety Improvements in Hamett County by North Carolina Department of Transportation - Intersection of US 401 at SR 2027 (Josey Williams Road/Horseshoe Bend Road). Vice Chairman Penny seconded the motion, which passed unanimously. (Attachment 5) Buren Fulmer, Harnett County Forest Ranger, presented N.C. Forest Service (NCFS) 2018 Summary of Accomplishments in Hamett County. Mr. Fulmer said forest management and reforestation activities added over $5 .3 million dollars to the Harnett County economy during 2018 . He said these efforts also provided seasonal work for site preparation contractors, logging crews, planting crews and pre-commercial thinning crews. Mr. Fulmer said continued management of reforested areas should result in estimated future economic benefits of over $3 .2 million dollars . Mr. Fulmer reported that 236 landowners were assisted by the N .C. Forest Service in 2018 and 126 Forest Management Plans were prepared, placing an additional 5,228 acres under active forest management. Based on Forest Service recommendations, 1284 acres were planted with trees and 2 ,207 acres of timber were harvested on NCFS projects. May 6 , 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 5 of9 040620 HCBOC Page 24 Mr. Fulmer reporte d that in 2018 NCFS in Harnett County responded to 168 incidents and 51 false calls, non-escaped legal burns, or non-escaped illegal burns that affected 339 acres. He noted 55 warning tickets were issued to burning offenders, along with 4 citations. Mr. Fulmer also reported that the emerald ash borer and ambrosia beetle as potential invasive insects for Hamett County. Mr. Fulmer highlighted staffs natural disaster responses and special projects in 2018. Mr. Fulmer stated the county contribution to their budget in 2018 was $121,519 and the total cost-share payments approved for Harnett County landowners was $28 4 ,184. Mr. Fulmer said the N.C. Forest Service's 2019 budget request from Harnett County is $136 ,272; an increase of $14,753. He explained that the increase includes s request for a new truck and proposed 3% pay raise for four employees. Mr. Fulmer explained the Forest Service County Budget is 40% County funded , 60% State funded and the County is billed monthly based on the previous month 's expenses. Last, he said they need a shelter to park the new equipment under. Harnett County Human Resources Director Heather Pollard and IBA Benefits Consultant John Gasirowski provided the following updates on the Harnett County employee benefits renewal effective July 1, 2019: Based on the most recent 12 months of claims experience and the fixed cost for the coming plan year, the projected renewal for the County's self-funded health plan is a 4.6% increase in cost. The current administrative rate guarantee contract for Delta Dental renews July 1, 2019. On behalf of the County, IBA has negotiated a rate decrease of 3.42% with a 3-year rate guarantee for the administrative fee through June 30, 2022 . Based on the most recent 12 months of claims experience and the fixed cost for the coming plan year, the projected renewal for the County's self-funded dental plan is a .07% increase in cost. If the County decides to remove Preventive and Diagnostic services from counting towards the annual maximum, the renewal would need to be increased by another 3% to 3 .7%. Effective July 1, 2016, the County changed vision plan carriers from BCBSNC to Superior Vision. Superior Vision has enhanced benefits and very competitive rates. IBA negotiated a 4-year rate guarantee for the County through June 30, 2020. There are no changes to benefits or rates for FY 2020. The current contract for UNUM renews July 1, 2019. On behalfofthe County, IBA has negotiated a 3-year rate guarantee through June 30, 2022 with no increase in rates. There are no changes to benefits for FY 2020. Last year, IBA successfully negotiated a rate hold and 3-year renewal rate guarantees for P&A Groups COBRA and FSA Administration through June 30, 2021. The current rate remains in effect at renewal July 1, 2019. IBA provides to the County at no extra charge a state of the art online enrollment system customized to County's benefits and needs as part of their comprehensive broker service. County offers worksite benefits plans (Accident, Cancer, Critical Illness, Hospital Indemnity, and Whole Life) through Transamerica. There are no rate increases to the worksite benefits plans. May 6, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of9 040620 HCBOC Page 25 Brian Haney , Assistant County Manager, presented Hamett County Parks and Recreation 's request for approval of the 2017 General Obligation Bond Projects Ordinance. Projects will include construction of six tennis courts at Hamett Central Middle/High School , tennis court lighting of three courts at Hamett Central Middle/High School, ball field lighting at W estem Hamett Middle School baseball and softball fields , engineering and design costs, and contingency. The projects will be funded by G.O. Bond Proceeds. Vice Chairman Penny moved to approve the 2017 General Obligation Bond Projects Ordinance as presented. Commissioner Miller seconded the motion that passed unanimously. (Attachment 6) Mrs. Stewart presented the Tax Department 's recommendation for award of contract to Vincent Valuations for $2,070,000 for the 2022 Reappraisal. She noted that the Hamett County Tax Department solicited proposals/bids from qualified firms for contract services related to the furnishing oflabor, materials, supplies and the performance of all work required for the completion and delivery of a full measure and list of all real property within Hamett County, assistance to the Hamett County Tax Administrator and staff, the Board of County Commissioners, and the Hamett County Board of Equalization and Review . Mrs. Stewart said staff believes this will be a substantial increase to our ·tax base. Staff responded to questions from commissioners. Vice Chairman Penny moved to approve the award of contract for the 2022 Reappraisal to Vincent Valuations for $2,070,000. Commissioner Miller seconded the motion with passed 4 -1 with Commissioner Elmore opposing. (Attachment 7) Vice Chairman Penny moved to build a 650-seat school in Erwin and continue with the NW Hamett School as proposed by Mr. Hite and the School Board. After some discussion, Vice Chairman Penny amended his motion to build a 700-seat school in Erwin and proceed with the NW Hamett School based on Jimmy Hite and the School Board's recommendations. Commissioner Miller seconded the motion. Discussions continued. Commissioners confirmed this is for a 700-seat school in Erwin and a I 000-seat school in NW Hamett. Hamett County School Board Chairman Jason Lemons and School Board Member Bill Morris addressed the Board and responded to questions. Mrs. Honeycutt said our first debt payment would be due Fall of 2021 . She noted that the $51,500,000 amount does not include the demolition of Erwin or the price of the land for NW Hamett. Mrs. Honeycutt stressed that when we go to the LGC they want to see bids in hand. The School Board will be responsible for bidding the demolition and asbestos removal at Erwin separately for under $ I Million. Discussions continued. Chairman Springle asked about the possibility of keeping and incorporating the old Erwin gym. Chairman Springle called for a vote on Vice Chairman Penny's motion, seconded by Commissioner Miller, to build a 700-seat school in Erwin and proceed with the NW Hamett School based on Jimmy Hyatt and the School Board's recommendation. The motion passed unanimous I y. May 6, 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 7 of9 040620 HCBOC Page 26 Ms . Stewart presented the following reports: Hamett County DSS Monthly Report March 2019 Hamett County Parks and Recreation 3rd Quarterly Summary March 2019 Hamett County Veteran Services Activities Report -April 2019 Hamett County Schools Financials -March 2019 Interdepartmental Budget Amendments Mrs . Stewart announced that the Hamett County landfills will be extending their hours on Saturdays from 7:30 am until 2:00 pm starting May 18 , 2019. She said this would be done at no additional cost. She also noted that Hamett County Administration will be hosting a brunch for the Local Governments Association on June 7, 2019 at 10:00 am. Under new business, Chairman Springle noted an upcoming meeting with NCDOT regarding the opportunity to have upgrades done at the Hamett Regional Jetport at no cost to the County. Chairman Springle moved to direct staff to proceeds with any upgrades at the Hamett Regional Jetport at no cost to the County. Vice Chairman Penny seconded the motion, which passed unanimous} y. The regular meeting recessed at 10:45 am. Commissioners reconvened in Conference Room A to discuss the 2019/2020 Budget. Mr. Haney p resented the recommended 2020-2026 Capital Improvements Program (CIP). He noted that the County is not legally required to develop this framework of capital budgeting however if done, statute charges the County Manager with preparation. It also states that the governing board must adopt project ordinances and establish capital reserve funds; a CIP plan is not a budget and does not authori z e spending. Mr. Haney noted the proposed CIP does not currently include Hamett County Schools, CCCC, Public Utilities or Solid Waste, it only includes the general fund county departments. He briefly reviewed the CIP process as well as criteria for ranking projects. Commissioner Elmore left the meeting. Commissioner McKoy moved that the Board go in to 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 Statue Section 143-318.1 l(a)(6), (8) & (3). Vice Chairman Penny seconded the motion the passed 4-0. Vice Chairman Penny moved that the Board come out of closed session. Commissioner McKoy seconded the motion, which passed 4-0. Commissioner Miller moved to create the new position of Heavy Equipment Operator, Grade 16, within the Solid Waste Department to be covered within their current budget. Vice Chairman Penny seconded the motion that passed 3-1 with Commissioner McKoy opposing. May 6 , 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 8 of9 040620 HCBOC Page 27 Vice Chairman Penny requested a meeting with Harnett Regional Water staff to discuss capacity issues . Vice Chairman Penny moved to adjourn the meeting at 1 :05 pm . Commissioner Miller seconded the motion, which passed 4-0. Gordon Springle, Chairman Margaret Regina Wheeler, Clerk .·.· .... May 6, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 9 of9 040620 HCBOC Page 28 Al lALltlVl.l!.,l~ l 1 --~!·...-·-·-. •comm}!;t..io!'"*<··~ ,,., .• ,nt\: eoard (.,! .. , ... ~ -~1q_~ Boaitl1t'~~ · .. •· • . , .: '.,~ . _, .· .,· Date 05/06/2019 Agenda Item 4-C ., • I Approved IICAoc 5,.1,-f'l To: Harnett County Board of Commissioners Re: Consideration of Refund for Taxes, Interest and Penalities for all Muncipalities . Adjustment Reason Military BUI Number ~; --:-=rype Received Amoun\: Refund Amount _,,... Name · S. Keith Faulkner Tax Administrator 0001994531-2012-2012-0000-00 RMV $78.00 $78.00 MITCHELL, NICOLE NINEVEH ~ ~ > ~ = ~ z ~ ~ 040620 HCBOC Page 29 ATTACHMENT 2 /~-,Harnett ?"~r C O U N T Y J ~ __J NORTH CAR OLIN A RESOLUTION BE IT RESOLV ED that the Harnett County Board of Commissioners does hereby , by proper execution of thls document, request that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Highland Schools Area Highland School Road Duly adopted thls 61h day of May 2019. HARNETT COUNTY BOARD OF COMMISSIONERS strong roots • new growth www.harnett.org 040620 HCBOC Page 30 ATTACHMENT 3 ~ i Harnett ~~]COUN TY _ L __ '. N_O_R_T_H_C_A_R_O_LI_N_A----------------------------www-.h-a-rn-ett-.o-rg- PROJECT ORDINANCE OAKRIDGE RIVER ROAD TOWER BE IT ORDAINED by the Board of Commissioners of Harnett County, North Carolina, sitting as the governing board for Harnett County. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. This project will consist of constructing and equipping a new communications tower, located at 1979 Oakridge River Road , Fuquay-Varina, NC 27526. The new tower name is Oakridge River Road Tower. This project will also consist of decommissioning the Cokesbury Tower, located at 130 Oakridge River Road, Fuquay-Varina, NC 27526 and returning the premise to its original condition . At the end of this project, the county will have a 40KW generator, 1000-gallon LP tank, ll'x16' building and an 8'x8' building. There also maybe be scrap metal and wiring that could possibly be sold for scrap . This project will be funded from the Capital Reserve-Radio Fund . The following amounts are hereby appropriated : Construction Professional Services Materials & Supplies Contingency Total $475,000 $185,000 $115,000 $100,000 $875,000 The following revenues are anticipated to be available to complete this project: lnterfund Transfer-Capital Reserve Radio Fund $875,000 The Finance Officer is hereby directed to mainta i n within the Harnett County Capital Project Fund, sufficient specific detailed accounting records . Copies of th is capital project ordinance shall be furnished to the Clerk to the Governing Board, and to the Budget Officer and the Finance Officer for direction in carrying out this project. st rong roots • new growth 040620 HCBOC Page 31 A TT At:HM~N'J 4 ~-.Har nett ' ]~~ J C O U N T Y e=-\ ~NO~R~T-H __ C __ A_R-OL--I--N-A------------------------------ www.h arnett.org RESOLUTION THAT, WHEREAS, Jeffrey W . Huber began hi s Hamett County Law Enforcement caree r on June 13th, 1988 ; and WHEREAS , after 30 years of distinguished service to Hamett County, Jeffrey W. Huber will retire; and WHEREAS , according to North Carolina General Statute 14-402 and 14-409.1, proper permits have been obtained (as attached) in order to receive the side arm. NOW, THEREFORE, BE IT RESOLVED by the Hamett County Board of C ommissioners that Jeffrey W. Huber be awarded the following service side arm for one dollar ($1.00): Glock Gen5 Model 17 Serial Number BGY417. Duly adopted this 6th day of May 2019. ATTEST : strong root s • new growth 040620 HCBOC Page 32., PERMIT TO PURCHASE/REC/EVE A HANDGUN State of North Carolina HARNETT County Pennit Number 201904180001 I, WAYNE COATS Sheriff of said county, do hereby certify that I have conducted a criminal background check of the applicant, JEFFREY WILLIAM HUBER, whose place ofresidence is 121 WHITETAIL PATH, ERWIN, NC,, 28339-,in HARNETT County, North Carolina and have received no infonnation to indicate that it would be a violation of the State or Federal law for the applicant to purchase, transfer, receive or possess a handgun. The applicant has further satisfied me as to his, her (or) their good moral character. Therefore, a pennit is issued to JEFFREY WILLIAM HUBER to purchase one pistol fl-om any person, firm or corporation authorized to dispose of the same. This pennit expires five years fi-om its date of issuance listed below. Issued this .11 day of April. 2019 Expire the .11 day of April, 2024 040620 HCBOC Page 33 ATTACHMENT 5 RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS ENDORSING SAFETY IMPROVEMENTS IN HARNETT COUNTY BY NORTH CAROLINA DEPARTMENT OR TRANSPORTATION 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 US 401 at SR 2027 (Josey Williams Road/Horseshoe Bend Road); and WHEREAS, the North Carolina Department of Transportation proposes to make improvements to this intersection. Said improvements will construct a roundabout to enhance the safety and operational efficiency 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 constructing a roundabout at the intersection of US 401 at SR 2027 (Josey Williams Road/Horseshoe Bend Road) to enhance its safety. Duly adopted this the 6th day of May, 2019. HARNETT COUNTY BOARD OF COMMISSIONERS ATTEST: strong root s • new growth 040620 HCBOC Page 34 ATTACHMENT 6 ~·j Harnett ~~NC O U N T Y ----------------------------------------NOR TH CAROLINA www.harnett.org 2017 General Obligation (G. 0.) BOND PROJECTS CAPITAL PROJECT ORDINANCE BE IT ORDAINED by the Board of Commissioners of Hamett County, North Carolina, sitting as the governing board for Hamett County. Section I. These projects will include construction of six tennis courts at Hamett Central Middle/High School, tennis court lighting of three courts at Hamett Central Middle/High School, ballfield lighting at Western Hamett Middle School baseball and softball fields, engineering and design costs, and contingency. Section 2. Section 3 . Section 4. Section 5. Section 6 . Section 7. Section 8. Section 9. The officers of this unit are hereby directed to proceed with the capital project within the terms of the grant documents, loan documents, and the budget contained herein. The following amounts are hereby appropriated for this project: Engineering/Design Construction Contingency Total $ 51,700 $ 930,600 $ 51,700 $1,034,000 The following revenues are anticipated to be available to complete this project: 2017 G.O . Bond Proceeds $1,034,000 The Finance Officer is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy the requirements of the grantor agency, the grant agreements, and federal regulations. Funds may be advanced from the General Fund for the purpose of making payments a s due. Reimbursement request should be made to the grantor in an orderly and timely manner. The Finance Officer is directed to report, on a quarterly basis, on the financial status of each project element in Section 3and on the total grant revenues received or claimed. The Budget Officer is directed to include a detailed analysis of past and future costs and revenues on this capital project in every budget submission made to this Board. Copies of this capital project ordinance shall be furnished to the Clerk to the Governing Board, and to the Budget Officer and the Finance Officer for direction in carrying out this project. Duly adopted this 6th day of May 20 I strong roots • new growth 040620 HCBOC Page 35 ----... --................... ' .... Proposals to perform 2022 Reappraisal in Harnett County Company I Qualified Project I Price per ~L_contact Manner parcel I C.6. Ferri~_Lq,_rls_Ferrln jChris Ferriss I $22.00 Tyler~~ I T•chnol~iet: Steve 9Ysel l(~)'j_~P.ake _ _ __ S22.20 PHDOn I Fred Pearson I I Appraisal Bryan Salter I Vincent I :! Valuations Ryan Vincent Ryan Vincent I I I Wampler I Gary Eanes I Steven Wampler I Eanes t-E---z r-1 ~ = u < E---E-< < $28.00 $30.00 $23.95 I Total Price Tot.Ill Price based on based on current projected Minimum ~reel count parcel count Meuurement of66,713 of 69 000 • N/A proposes to do hands· on training for County Staff utilizing the current I $1,467,6001 SLS18 000 software I upon field review-will note changes to existing County Cata I Sl,481,0291 $1,532,000 and measure as needed I win conduct meaiure & list of major improvements & outbuildings with value I Sl 867 9641 $1,932 000 greater than $2 000 I I eKterior Inspection includes measure of at least 2 sides of each I $2,001,400 I $2,070,000 I 1mp::~0~ent I I I Full Walk-Around· I I t°""reas $1,597,776 1,652,550 needed Materials& equipment used for data collection-lnlcuding Onslte Data computers& Entry· Qualified Exlstin1 cameru eauloment Photo Oetall1 Staff Contractor Photo Details proposed to were not provide ONE specified Certified General County must other than Appraiser & train provide all field County must County Staff to work, labor & supply conduct an IN· materials -Not snecified enuioment House ReAni,raisal SLR grade camera; delivered in jpeg format-yes-staff is Field equipment Supplied by 12 e1tperien<:ed and suoolied bv Tvler County megapixels trained provided by wlll take an Contractor unless image of local data entry main hires are needed · Improvement then County to Staff and an image Yes-e1<istin1staff provide provided by of exlstln1 is experienced & comnuters Contractor outbuildinirs qualified provided by Contractor data entrv unless local provtded data entry hires Contractor digital are needed -onsite & images of all all staff-is then County to thru major experienced with provide remote improveme NCOOR& IAAO computers access nts certifteations Data entry provided by Contractor; County to digital I provide Office photos space, furniture. (fa~ade Yes -staff phones, only) experienced & Computer yes included --qualified Tum Key Exempt ProJecuof r•fmnm Famili.arwith Sub-Informal/ Additional Properties simllar1b:e; for AddltioNI SU1ff Bltek(CAMA contract-Publlc Formal costs for lnduded In Added cost County/P•rc•I Reappralsa Needs & Tralnlna: Softwarel onl sov Relations Appeals aDDeals nuote for exemnt Ct I Proj•cta I Comments None of similar size and scope· Understaffe Scotland d -proposed Yes· Currently (20,000); Oavie tofunher Chris has a limited (22,00) & Cabarrus, train County staff and assisted Scotland & Staffforln· proposes to train Mecklinburg Davie HOU'9 Count11 Staff YES NIA notsoecified Yes N/A Not specified No $50 ner bldir '365 0001 Counties Reai,oraisal ReferencH we,. Does not rererences favorable some field & appear that were not full but clerical staff may they are measure & list Durham, Contractor be hired locally & familiarw/ $700/day for projects-New did not do a trained by Project Bitek based additlona! desktop & Hanover & full meuure Manager on Proposal No Yes , .. yes days lover 35) yes no imagery Franklin Co &li,t references One County yes· utiUzins were for had inues fully staffed but current SOV desktop& Johnston, withSOV& may need to hire and updating Not drive-by Chi!ltham& inexperience extras ves no as needed ves ves Not specified specified nl• nroi-ts OranDe d staff References were very favorable; Internal Quality Control processes $750/day for currently & Quality additional working on Durham, of work -fully staffed and days (over similar Pamlico& very trafned yes no ye_s_ yes yes SO) yes no projects Chatham impressi~e Ashe, Does not Mitchell, appear that Polk, Favorable they are Just Richmond reference famil/arw/ completed-& with no fulled staffed & Bitek based Rutherford Rutherfor issue with trained ~-_ on Proposal no~--y_es yes yes Not specifie~ yes no Co (57,157) d Contractor; 040620 HCBOC Page 36 AGENDA ITEM • s: -B COUNT Y O F HARNETT BUDG ET ORDINAN CE AMENDMEN T BE IT O RDAI NED by the Governing Board of l he County of Horneff. North Corolino. thot the following amendment be mode lo lhe onnuol budget ordinance for lhe fiscal year ending June 30, 2020. Se c tion 1. To amend the Pu blic Safety Fund, JCP C Pro grams, the app ropriations ore lo be c hang e d as follows : EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB -TASK JOB DESCRIPTIO N OF CODE INCREASE DECREASE 2104300 547090 PA LCR ALLOCATION $25,000 2104300 547090 TAKE2 ALLOCATION $34,884 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESC RIPTION OF CODE INCREASE DECREASE 210 4300 330310 PA LCR STATE FUNDS $25 ,000 2104300 330310 TAKE2 STATE FUNDS $34,8 84 EXPLANATION : TO BUDGET ADDITIONAL FUND S FOR TAKE TWO AT THE AC AD EM Y ($34,884), AN D PAL C AREER READINESS ($25 ,000). THIS IS ADDITIONAL STATE FUNDING DUE TO THE NEW RAISE THE AGE BILL. APPROVALS : Dept Head (dote) Sec tion 2. Copies of this budget amendment shall be furnis Officer for their direction. Adopte d thi s ___ day of _______ . 20 _. Margaret Regino Wheeler. Clerk to the Boord PUJ-d.dL ~h: . L. t-- County MonCJQeiTd'oie) 2-0 LP,.-\ ..--l,o o the Boord. and to lhe Budget Officer ond the Fino~~e Howard Penny, Chairman Boord of Commissioners lb 040620 HCBOC Page 37 COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fi scal year ending June 30, 2020. Secti on l. To amend the WCNTR Capital Project budget, the appropriations are to be changed as follows: EXPENDITURE ORG OBJECT PROJECT TASK SUB-TASK JOB WCNTR CONSTR GENCT GARNEY WCNTR CONSTR CONTINGENC CONTINGENC REVENUE ORG OBJECT PROJECT TASK SUB -TASK JOB EXPLANAT IO N: TO CORRECT ORIGINAL BUDGET tr!: 20~~ Dept Head (date) Ad opt ed this ___ day of ________ , 20 Pn:pgr.:J ti'\ Margaret Regina Wheeler, C lerk to the Board AMOUNT DESCRIPTION OF CODE INCREASE DECREASE CONSTRUCTION $182,273 CONTINGENCY $182 ,273 AMOUNT DESCRIPTION OF CODE INCREASE DECREASE p~ k.. s:h:· )(,,..,y County Manager (date) D 3~/'l -;,o o the Budget Officer and t he Finance Officer Howard Penny, Jr., Chairman Board of Commissioners Maf\.hl0.l020 040620 HCBOC Page 38 COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Boord of the County of Hamett. North Carolina. thot the following amendment be mode to the annual budget ordinance for the fiscal year ending June 30, 2020. Section 1. To amend the General Fund, Airport Capital Prolects . the appropriations are to be changed as EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 5204650 498400 lnterfund Trans -Capitol Projects $2,270 5204650 498400 lnterfund Trans -Capitol Projects $13.476 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 5203900 390990 Fund Balance Annroprioted $15.746 EXPLANATION: To transfer funds to the Harnett Reglonol Jetport Termlnal Bulldlng project. (TERML) APPROVALS: ~/#-1.1-~au ept Head (date) R" J::::::lb: Sh:. . > fu::K County Manager (dot~) __y.)'-1-~ Section 2 . Copies of this budget amendment shall be furnished to the Clerk to the Boord, and to the Budget Officer and the Finance Officer for their direction. Adopted this ___ day of _______ . 20 _. Margaret Regino Wheeler, Clerk to the Boord Howard Penny, Jr .. Chairman Boord of Commissioners JS 43u8 040620 HCBOC Page 39 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 b udget ordinance for the fiscal year ending June 30. 2020. Section 1. To amend the General Fund, Airport Terminal Building, the appropriations are to be changed EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 4204650 519090 TERML PFRSV PROFS TAL&BRIGHT Professional Services $22.700 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 4204650 330210 TERML FEDERAL NCTOl STAIR Jetport Terminal NCDOT $20.430 36237 .25.15. 1 4203900 390985 TERML INTERF TRNSFIN CAPITALRES Caoital Reserve Fundina Source $2,270 EXPLANATION: To budget grant funds from NC Department of Transportation/Division of Aviation and the County's local match for the conttnuatlon of the Terminal Building project. 36237.25.15.1 Amendment No. 2 APPROVALS: ~~ /fd4-7o;k) Dept Head (date) Adopted this ___ day of _______ , 20 _. Margaret Regina Wheeler, Clerk to the Boord Howard Penny, Jr.. Chairman Boord of Commissioners 040620 HCBOC Page 40 COUNTY OF HARNm BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett. North Carolina. that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2020. Section 1. To amend the General Fund, Airport CapHal Prolects , the appropriations are to be changed as EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 5204650 598400 lnterfund Trans -Cooitol Projects $6,107 REVENUE AMOUNT ORG OBJECT 5203900 390990 EXPLANATION: APPROVALS: PROJECT TASK SUB -TASK JOB DESCRIPTION OF CODE INCREASE Fund Balance Annroorioted $6,107 To transfer funds to the Hamett Regional Jetport Terminal Site Improvements project. (TERML) 36237.25.17.1 -Amendment No. 1 ¥~ /.J~,up..U, DECREASE Dept Head (dote) r ate),_ County Manager (dot~) 3-I 'uLo _:s r J ._, ,.....J...o Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Boord, and to the Budget Officer and the Finan ce Officer for their direction. Adopted this ___ day of _______ , 20 _. Margaret Regina Wheeler, Clerk to the Boord Howard Penny, Jr., Chairman Boord of Commissioners 040620 HCBOC Page 41 COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2020. Section 1. To amend the General fund, Airport Termlnal Building, the appropriations are to be changed EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 4204650 519090 TERML PFRSV PROFS TAL&BRIGHT Professional Services $61,069 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 4204650 330210 TERML FEDERAL NCTOl STAIR Jetport Terminal NCDOT $54,962 36237.25.17.1 4203900 390985 TERML INTERF TRNSFIN CAPITALRES Capitol Reserve FundinQ Source $6,107 EXPLANATION: To budget grant funds from NC Department of Transportation/Division of Aviation and the County's local match for the continuation of the Terminal Site Improvement project. 36237.25.17.1 · Amendment No. l APPROVALS: Section 2. Copies of this budget amendment shall be fu Officer and the Finance Officer for their direction . Adopted this ___ day of -------. 20 _. Margaret Regino Wheeler. Clerk to the Boord County Manager (dote) 2o .3--.}. ~ d,D rk to the Boord, and to the Budget Howard Penny. Jr., Chairman Boord of Commissioners 040620 HCBOC Page 42 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 ending June 30, 2020. Sedlon 1. To amend the General fund, Youth Services, the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1105870 502010 RESTN Salaries & Waaes -Full Time $108 1105870 502050 RESTN Lonoevitv $3 1105870 531020 RESTN Trainino -Meals $129 1105870 531030 RESTN Trainina -Lodaina $175 1105870 584000 RESTN Non-Cao Info Tech $790 1105870 532070 RESTN Internet $114 1105870 547030 RESTN lndeminitv Pavments $1.000 1105870 502020 RESTN Salaries & Waoes -Part -Time $1.255 1105870 503030 RESTN 401K $.110 1105870 504010 RESTN Exoense Allowance $100 1105870 532050 RESTN Postaae $300 1105870 532030 RESTN Cellular $.1.16 1105870 531050 RESTN Trainina -Reaistration $18 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: Balancing budget for the remainder of the fiscal year and using existing funds to purchase a tablet and Internet services for program coordinator to utilize whlle In the field wHh Juveniles. APPROVALS: ~/~ /'9A&t;1kJ Dept Head (date) Adopted this ___ day of _______ , 20 _. Margaret Regino Wheeler, Clerk to the Boord ~:J\'--fu ,I ,J{&...,Y County Manager (date) ~/ 3.o ' ,J.c:, to the Board, and to the Budget Howard Penny, Jr., Chairman Board of Commissioners 040620 HCBOC Page 43 COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by fhe Governing Board of fhe County of Hornell, North Carolina, thaf fhe following amendment be made fo fhe annual budget ordinance for fhe fiscal year ending June 30. 2019. Section 1. To amend the Harnett Regional Water Fund , the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 6107111 598600 lnterfund Transfer to Enterorise $600,000 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 6103900 390990 Fund Balance Annrooriated -$600,000 EXPLANATION: To move funds Into SWEP Project for construction of forcemalns and lift stations _____ ......;3..;...12=31=2.;;.;;;02'-'--o f ~~KA _)u.;.Y Dept Head (date) 1 e (dat!:l_ _ County Manager (dote) Yl.o ,· )..o Section 2. Copies o f this budget amendment sha ll be furni slied to ¥e C er o th~ord. and to the Budget Officer and the Finance Officer for their direction. Adopted this ___ day of _______ , 20 _. Margaret Regina Wheeler. Clerk to the Board Gordon Springle. Chairman Boord of Commiss ioners 040620 HCBOC Page 44 COUNTY OF HARNETI BUDGET ORDINANCE AMENDMEN T BE IT ORDAINED by the Governing Boord of the Cou nty of Harnett, North Carolina, that the following amendment be made lo the annual budget ordinance for the fiscal year ending June 30, 2020. Section 1. To amend the Harnett Regional Water Capital Fu nd , SWEP Project, the appropriations a re to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE ~qrnoo 5'i'f 000 SWEP C N STR CONSTRU CONSTR TEMPLE INC RE AS E $485,758 4q11100 5<\'{000 SWEP CONTGCY CONTI NG ENC CONTINGENC INCREASE CONTI NGENCY $132,242 l,\q\11D0 r;,; 1000 SWEP O PE RT LAND LA NDRW LA ND AND ROW DECREASE $1 0,000 ijl'll7/r,O lo IClf 11;\.0 SWEP PFRSV LEGAL LEGAL DECREASE LEGAL $8,000 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 'tt\lil 0() ;'l O'lib SWEP OT HR LOCLRW ERV HRWRESERVE lnterf u n d transfer $600,000 EXP LA NATION : To fund Temple construction Bid 3/23/2020 p~~~ Dept Head (date) ·n once Offit r (ddje)n ( () n.n ___ County M anager (date),. 0 · oL :::> ./AJ ,I-,'\_) ..5 ... 3.P-..lo Sect ion 2. Copi e s of this budget amendment shall be f u rn is ed t o the C ler to the Board, and to the Budget O f ficer and t he Finance O fficer for their d irection. Adopted this ___ day of _______ , 20 _. Margaret Regin a Wheeler, Clerk to the Board Howard Pen n y Jr., C h airman Board of Commissioners 040620 HCBOC Page 45 COU NTY OF HAR NETT BUDGET O RDINANCE AMENDMENT BE IT ORDAINED by the Governing Bo ord of the County of Ha rnett . North Carolina , t hot the following amendment be mode to the annual budget or dinanc e for the fiscal yeor ending June 30, 2020. Section 1. To amend the General Fund , Animal Shelter , the appropriations are to be changed a s fo llows : EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION O F CODE INCREASE DECREASE 11 0451 2 539090 IC ARE Other Services $1 ,124 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 11045 12 330310 ICARE State -ICAR E Spay & Ne ute r $1.124 EXPLANATION : Fund accounts for the ICARE Spay and Neuter program. County request reimbursements for Harnett Animal Welfare Coalttlon (HAWC) from the state's ICARE Spay and Neuter program. Once the county receives the reimbursement the county reimburses HAWC. APPROVALS: ~d' ~ ~,If. ~u Dept He ad (da t e ) Ado pted this ___ day of _______ . 20 __ . Margaret Reg ina Wh eeler. C lerk to the Bo ard Howard Pe nny , Jr .• C ha irman Board o f Co m miss ioners JE11478 040620 HCBOC Page 46 COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett. North Carolina, that the following amendment be made to the annual budget ord inance for the fiscal year ending June 30, 2020. Section 1. To amend the General Fund -Emergency Services, the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1104450 523030 Public Safety Suoolies $907 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1104450 350410 Srvc Charaes -Deoartmental $907 EXPLANATION: To budget the transfer of funds for the purchase CPR cards and CPR class Items using the CPR revenue collected this fiscal year. APPROVALS : c&,.,,h/,J-= Dept Head (date) Section 2. Copies of this budget amendment shall be fu Offi cer and the Finance Officer for their direction. Adopted this ___ day of ________ , 20 __ . Margaret Regina Wh eeler. Clerk to the Board L L/~<J ·h:, ~ County Manager (date) .. lf _.-,--·Jc erk to the Board , and to the Budget Howard Penny, Jr. C hairman Board of Commissioners 040620 HCBOC Page 47 COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Hamett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2020. Section I. To amend the General Fund, the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1109800 598400 lNTRFUND TRANS -CAP PRJT $71 ,500 1109910 599000 CONTINGENCY $71,500 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE EXPLANATION : To transfer funds from contingency to fund development of the Harnett County Bicycle, Pedestrian, and Greenway Piao. APPROVALS: Adopted this ___ day of ________ , 20 __ . Ptept.tt>d by: Margaret Regina Wheeler, Clerk to the Board #NAME? Howard Penny, Jr., Chairman Board of Commission ers D,1e· DECREASE Martti)0.Z020 040620 HCBOC Page 48AGENDA ITEM .5-C Board Report Approved __________ _ Date 04/06/2020 To: Harnett County Board of Commissioners Re: Consideration of Refund for Taxes, Interest and Penalities for all Muncipalities Adjustment Reason Bill Number Military 0001782275-2010-2010-0000-00 William R. Tyson Tax Administrator Type Received Amount Refund Amount Name RMV $ 82.00 $ 82.00 BOTTOM, ELLIOTT SCOTT 040620 HCBOC Page 49 AGENDA ITEM S-D Board Meeting Agenda Item MEETING DA TE: April 6, 2020 TO : HARNETT COUNTY BOARD OF COMMISS IO NERS SUBJECT: Permission to receive Trailer for Hauling 4-H Gleam Machine REQUESTED BY: Timothy Ma~~nty Extension Director REQUEST: The North Carolina Cooperative Extension, Harnett County Center , request pe1111is s ion to receive a Trailer. va lu ed at $2,541.00 as a gift from North Carolina State University local Foods Program to haul the 4-H Gleah machine, used for 4-H programs and demonstrations in teaching youth p arti cipants. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C :\Uscrs\S\\ i I liams\Dcskto p\Co unty fo rm s\age ndafo rm2 0 20.docx I of I Page 040620 HCBOC Page 50 CHECKS PAYABALE TO : East Coast Sales 501 Tryon Rd . Raleigh NC 27603 sales@ea stcoastsales .com \:f:!.'Y' eastcoastsales com Trail er Quote 919-661-1045 Date : 1115/2020 Sold to : NC State Quote 1188176 customer Phone : Em ai l : 1 60C Car Hauler TBA 83" X 16' New 2020 Model 5 Years warranty BIG TEX Page 1 $2 ,641 .00 NC~U Discount ---------------4----+------$~1.:...:o:..::o.:...:.o~o ----------------l--------------4-----+-------~ Noto · Quot es are vai l d f or 30 days. D eposit r eq uired t o order .i trailer. D eposit req uiremen t vari es depending on trail er specs . "Like" us on Facebook a t w ww.facebook .com/eastcoast salesraleigh & please leave a r e view for outstandin se rvi ce! ~ Buyer: T o t a l $2,541 .00 D eposit 040620 HCBOC Page 51 Harvesting A id Transport Trai ler Pr epared By: Jay Cambell Re vised By: Justin Macialek Seller East Coast Sa les Manufacturer BigTex Trailers GVWR 6000 lbs Tare Weight 1710 lbs Capacity 4290 1bs Axle Rating (2) 3500 lbs Total Legnth 19' Deck Lenth 16' Total Width 102" Deck Width 83" Deck Height 19" Jack Capacity 2000 lb s Brakes Electric Single axle Ramp Style 4' slide out Coupler 2" A-frame Warranty 5 Year BigTex Price $2,541.00 1-17-20 2-3-20 040620 HCBOC Page 52 Board Meeting Agenda Item AGENDA ITEM 5 -h MEETING DATE: April 6, 2020 TO : HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Request to Accept Donation from Home Sprinkler Coalition REQUESTED BY: Larry Smith, Emergency Services Director REQUEST: E mergency Services requests to accept a donation by the Home Fire Sprinkler Coalition in the amount of $500. This donation is funded by State Farm in conjunction with the HFS. The funds must be used to pay for one of the following public education activities: building or refurbishing a Fire and Sprinkler side-by-side demonstration and presenting it publicly; building a Home Fire Sprinkler NFPA 13D display following the HFSC guide and using it publicly; or producing a reusable educational banner/large format poster utilizing HFSC di splay graphics and presenting it at a community event. Hamett County Fire Marshal's Office will conduct a lunch and learn, targeting local developers and municipal planner s to demonstrate how sprinkler incentive s can reduce construction co st while improving community safety. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\gwhee ler\AppData\Local\M icrosoft\W indows\INetCache\Content.O utl ook\W5ENE9SY\HFS Donation.docx Page I of I 040620 HCBOC Page 53 Home Fire Sprinkler Coalition Built for Life Fire Department ~ Home Fire Sprinkler COALITION • 1'r 11 1,·,·1 \X'h :11 Y o u V a lu e .\lo s t · RE: 2020 Home Fire Sprinkler Week Outreach Stipend Event Requirements: To receive the $500 stipend, you must agree to host a community home fire sprinkler educational event during Home Fire S prinkler Week Ma y 17 -23, 2020, or on the date of your choice prior to December 3 1, 2020 . The $500 stipend must be used to pay for at least one public event presenting one of the following: • Build or refurbish a Fire and Sprinkler side-by-side demonstration. This may include refurbishing existing displays or trailer demonstrations. • Build a Home Fire Sprinkler NFPA 130 display following the HFSC guide. o You may elect to present a side-by-side or NFP A l 3D demonstration online, using Facebook Live. • Post HFSC videos or graphics on your Fire Department Facebook page and use the stipend to boost the messages. • Produce an educational banner/poster utilizing HFSC display graphics such as the Fire Sprinkler Timeline graphic or educational materials distributed at the community event. Fire Department logos may be added. Your event( s) must contain home fire sprinkler educational outreach; endeavor to extend the educational benefits beyond the actual event (such as through local media or placement of photos or video on the fire department's website and social media outlets, if any); evaluate the educational effectiveness of the educational tool and/or event; and report event summary and evaluation findings to HFSC. To accept this agreement: 1. Complete the statement below with your name and fire department name and address . • NOTE: The $500 check will be written to the fire department name and address you insert in this statement. It should match the information provided on the application. 2. Copy the completed statement below and send to info@.h ome firesp r inklc r.o rg. I (Rodney Daniels) have the authority to accept the $500 stipend and agree to conduct a community outreach activity and comply with the Event Requirements listed in this agreement. I have the authority to accept this agreement on behalf of 040620 HCBOC Page 54 (Harnett County Emergency Services). I also agree to update HFSC with the event details, address and date(s) as soon as they are confirmed. The funds will be used to: (please check only 1) -Build/Refurbish a Side-by-Side Demonstration -Build a 13D Display -Produce an Educational Banner/Poster -Boost Facebook message on Fire Department Facebook page 040620 HCBOC Page 55 Board Meeting Agenda Item AGENDA ITEM 5-F+ MEETING DA TE: April 6, 2020 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Award of Bid for Schools Waste Water Extension Project REQUESTED BY: Steve Ward, Harnett Regional Water Director REQUEST: This is a formal request for the Board to approve an award of bid for a construction project in the amount of $2,482,591.50 to Temple Grading and Construction Company ofBunnlevel, NC. The project consists of the constrnction of approximaely 35 ,000 linear feet (6.5 miles) of waste water force mains and three waste water lift stations to serve three schools in Harnett County. Attached is Dewberry Engineers, the consulting engineers on the project, recommendation letter and certificatied bid tabulations for your review. This project will be jointly funded from HRW's cash reserves and a $500,000 grant from the NC General Ass embl y. Please place thi s item on the agenda at the nex t available me eting. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: \\hcfi lea\Puu sers\swa rd \My Docum e nts\School Project s\Award of School WW Ext Proj ect Bi d A genda Request 3-23- 20 .docx Pa ge I of I 040620 HCBOC Page 56 ... I Dewberry· March 20, 2020 Mr. Benjimin Nuesmeyer Capital Project Manager Hamett Regional Water 700 McKinney Parkway Lillington, NC 27546 Re: Harnett Regional Water (HRW) Schools Wastewater Extension Recommendation of Contract Award Dewberry Project No.: 50111914 Dear Mr. Nuesmeyer: Dewberry Engineers Inc. 2610 Wycliff Road, Suite 410 Raleigh, NC 27607 9 19 .8 8 1.9939 9 19.88 1.9923 fax www.dewberry.com Dewberry Engineers Inc. (Dewberry) has completed the bid tabulation, reviewed the low bidder's references, and prepared this recommendation of contract award for the Schools Wastewater Extension project. Tabulation and Review of Bids Bids for the Schools Wastewater Extension contract were received at 2 p.m. on March 10, 2020. Three bids were received. A detailed bid tabulation is attached and the table below summarizes the bid results: BID RESULTS TABLE Contractor Total Bid Temple Grading and Construction Company, Inc $2,482,591.50 Jones and Smith Contractors, LLC $3,189,539.00 Sandhills Contractors Inc. $5,832,691.00 Upon review of the bids, one mathematical error was found in Jones and Smith Contractors, LLC ' s bid. Pay ltem.A.17.d had an incorrect extended total (120 SY of Class B Riprap x $30/SY = $3,600, not $360 as indicated in its bid tabulation). This error also resulted in an incorrect Total of Schedule A Unit Price Bid Items and Schedule C -Total Base Bid. The correct Schedule A total is $1,328,619.00 and the correct Schedule C -Total Base Bid is $3,189,539.00. Review of Contractor's References Upon review of the bids, the low bid was submitted by Temple Grading and Construction Company. According to the North Carolina Licensing Board for General Contractors' website, Temple's certification number is 21654. As of March 20, 2020, the license is considered valid and was last renewed on January 1, 2020. Temple has performed multiple utility construction projects with HRW and other surrounding communities. Page 1 of 2 040620 HCBOC Page 57 Mr. Nuesmeyer Schools Wastewater Extension -Recommendation for Contract Award March 20, 2020 Temple provided three references in its bid as required by the bid documents. Two references were HRW employees based upon previously completed utility construction projects for HRW. Dewberry also contacted the third reference provided with Temple's bid. Attached is the contractor evaluation form for the reference checked for Temple. Recommendation for Contract Award Based on our review of the contractor's reference and Temple's past work experience with HRW, Dewberry recommends that HRW award the project to Temple as the lowest responsive bidder for the amount of $2,482,591.50. Sincerely, Dewberry Engineers Inc. ~ :i{£_i,IJ Steven R. Hilderhoff, P.E. Associate Attachments: Bid Tabulation Contractor Evaluation Form I Dewberry· Page 2 of 2 040620 HCBOC Page 58 COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina. that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2020. Section 1. To amend the Harnett Regional Water Capital Fund , SWEP Project, the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE SWEP CNSTR CONSTRU CONSTR TEMP LE INCREASE $485,758 SWEP CONTGCY CONTINGENC CONTINGEN C IN C REASE CONTINGENCY $132,242 SWEP OPERT LAND LANDRW LAND AND ROW DECREASE $10,000 SWEP PFRSV LEGAL LEGAL DECREASE LEGAL $8,000 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE SWEP OTHR LOCLRWERV HRWRESERVE lnterfund transfer $600,000 EXPLANATION : To fund Temple construction Bid 3/23/2020 Dept Head (date) Finance Officer (date) County Manager (date} Section 2. Copies of this budget amendment shall be furn ished 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, Clerk to the Board Howard Penny Jr., Chairman Board of Commissioners DECREASE 040620 HCBOC Page 59 COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett. North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2019. Section 1. To amend the Harnett Regional Water Fund. the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 6107111 598600 lnterfund Transfe r t o Enterorise $600,000 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE 6103900 390990 Fund Ba lance Annrooriated $600,000 EXPLANATION : To move funds Into SWEP Project for construction of forcemalns and 11ft stations 3/23/2020 Dept Head (date) Finance Officer (date) County Manager (date) Section 2. Copies of this budget amendment shall be f urnished to the Clerk t o the Board. and to the Budget Officer and the Finance Officer for their direction. Adopted this ___ day of ________ , 20 __ . Margaret Reg ino Wheeler. Clerk to the Board Gordon Springle. Chairman Board of Commissioners DECREASE 040620 HCBOC Page 60 AGENDA ITEM 5-G- Board Meeting Agenda Item MEETING DA TE: April 6, 2020 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: North Carolina Department of Transportation/Public Transportation Division (NCDOT/PTD) Grant Supporting Documentation for FY2021 REQUES TED BY: Barry A. Blevins, General Services Director REQUEST: General Services Director/Harnett Area Rural Transit System (HARTS) request the Board of Commissioners to consider and approve the NCDOT/PTD additional documentation required to complete the FY2021 grant application. The Certifications and Assurances, 5333(b), restrictions on lobbying, and equivalent service are additional documentation distributed by NCDOT/PTD. This is a requirement to process, approve and disburse 5311 and 5339 funding for FY2021 . The Board of Commissioners approved the application for grant funding on October 21 , 2019 for the amount of$6I0,696 with a local match of$75 ,356 . FINANCE OFFICER'S RECOMMENDATION: COUNT Y MANAGER'S RECOMMENDATION: C:\Users\pamerson\Desktop\HARTS\BILLIN G\FY 2 020-20 2 1 \FY20 2 I NCD01\agendaform2020.docx I of 2 Page 040620 HCBOC Page 61 Certifications and Assurances Fiscal Year 2020 Not every provision of every certification will apply to every applicant or award. If a provision of a certification does not apply to the applicant or its award, FTA will not enforce that provision. Refer to FT A 's accompanying Instructions document for more information. Text in italics is guidance to the public. It does not have the force and effect of law, and is not meant to bind the public in any way. It is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. CATEGORY 1. CERTIFICATIONS AND ASSURANCES REQUIRED OF EVERY APPLICANT. All applicants must make the certifications in this category. 1.1. Standard Assurances. The certifications in this subcategory appear as part of the applicant's registration or annual registration renewal in the System for Award Management (SAMgov) and on the Office of Management and Budget 's standard/arm 424B "Assurances-Non-Construction Programs ". This certification has been modified in places to include analogous cert(fications required by US. DOT statutes or regulations. As the duly authorized representative of the appl icant, you certify that the applicant: (a) Has the legal authority to apply for Federal assistance and the institutional , managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application . (b) Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records , books, papers, or documents related to the award ; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. (c) Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. (d) Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. (e) Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728- 4 763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM 's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 040620 HCBOC Page 62 Certifications and Assurances Fiscal Year 2020 (f) Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (I) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis ofrace, color or national origin, as effectuated by U.S. DOT regulati0n 49 C.F.R . Part 21; (2) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681 - 1683, and 1685-1686), which prohibits discrimination on the basis of sex, as effectuated by U.S. DOT regulation 49 C.F.R. Part 25 ; (3) Section 5332 of the Federal Transit Law (49 U.S.C. § 5332), which prohibits any person being excluded from participating in , denied a benefit of, or discriminated against under, a project, program, or activity receiving financial assistance from FTA because ofrace, color, religion, national origin , sex, disability, or age. (4) Section 504 of the Rehabilitation Act of 1973 , as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps, as effectuated by U.S . DOT regulation 49 C .F.R. Part 27; (5) The Age Discrimination Act of 1975 , as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (6) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (7) The comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P .L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (8) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records ; (9) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental , or financing of housing; (10) Any other nondi scrimination provisions in the specific statute(s) under which application for Federal assistance is being made ; and, (11) the requirements of any other nondiscrimination statute(s) which may apply to the application. (g) Will comply, or has already complied , with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ("Uniform Act") (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases . The requirements of the Uniform Act are effectuated by U.S. DOT regulation 49 C.F.R. Part 24. 2 040620 HCBOC Page 63 Certifications and Assurances Fiscal Year 2020 (h) Will comply, as applicable, with provisions of the Hatch Act (5 U .S .C. §§ 1501 -1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. (i) Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally assisted construction subagreements . (j) Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $ I 0,000 or more. (k) Will comply with environmental standards which may be prescribed pursuant to the following: ( 1) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P .L. 91 -190) and Executive Order (EO) 11514; (2) Notification of violating facilities pursuant to EO 11738; (3) Protection of wetlands pursuant to EO 11990; ( 4) Evaluation of flood hazards in floodplains in accordance with EO 11988; (5) Assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 ( 16 U .S.C. §§ 1451 et seq.); (6) Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 et seq.); (7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (8) Protection of endangered species under the Endangered Species Act of 1973, as amended (P .L. 93-205). (I) Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. (m) Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§ 469a-1 et seq.). (n) Will comply with P .L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. (o) Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§ 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded 3 040620 HCBOC Page 64 Certifications and Assurances Fiscal Year 2020 animals held for research , teaching, or other activities supported by this award of assistance. (p) Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. (q) Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 C.F.R. Part 200, Subpart F , "Audit Requirements", as adopted and implemented by U.S. DOT at 2 C.F .R. Part 1201. (r) Will comply with all applicable requirements of all other Federal Jaws , executive orders, regulations, and policies governing the program under which it is applying for assistance . (s) Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S .C . § 7104) which prohibits grant award recipients or a sub-recipient from: (1) Engaging in severe forms of trafficking in persons during the period oftime that the award is in effect; (2) Procuring a commercial sex act during the period of time that the award is in effect; or (3) Using forced labor in the performance of the award or subawards under the award. 1.2. Standard Assurances: Additional Assurances for Construction Projects. This certification appears on the Office of Manage ment and Budget 's standard form 424D "Assurances-Construction Programs" and applies specifically to federally assisted projects for construction. This cert[fication has been modified in places to include analogous certifications re quired by US DOT statutes or regulations. As the duly authorized representative of the applicant, you certify that the applicant: (a) Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency; will record the Federal awarding agency directives; and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondi scrimination during the useful life of the project. (b) Will comply with the requirements of the assistance awarding agency with regard to the drafting, review, and approval of construction plans and specifications. (c) Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work confirms with the approved plans and specifications , and will furnish progressive reports and such other information as may be required by the a s si stance awarding agency or State. 4 040620 HCBOC Page 65 Certifications and Assurances Fiscal Year 2020 1.3 . Procurement. The Uniform Administrative Requirements, 2 C.F.R . 200.324, allow a recipient to self-cert(fy that its procurement system complies with Federal requirements, in lieu of submitting to certain pre-procurement reviews. The applicant certifies that its procurement system complies with: (a) U.S. DOT regulations , "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards," 2 C.F .R. Part 1201 , which incorporates by reference U.S. 0MB regulatory guidance , "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards," 2 C.F.R. Part 200, particularly 2 C.F.R. §§ 200.317-200.326 "Procurement Standards; (b) Federal laws, regulations, and requirements applicable to FTA procurements; and (c) The latest edition of FTA Circular 4220. l and other applicable Federal guidance. 1.4. Suspension and Debarment. Pursuant to Executive Order 12549, as implemented at 2 C.F.R. Parts 180 and 1200, prior to entering into a covered transaction with an applicant, FTA must determine whether the applicant is excluded.from participating in covered non-procurement transactions. For this purpose, FTA is authorized to collect a certification.from each applicant regarding the applicant's exclusion status. 2 C.F.R. § 180.300. Additionally, each applicant must disclose any information required by 2 C.F.R. § 180.335 about the applicant and the applicant's principals prior to entering into an award agreement with FTA. This certification serves both purposes. The applicant certifies, to the best of its knowledge and belief, that the applicant and each of its principals: (a) ls not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any Federal department or agency; (b) Has not, within the preceding three years , been convicted of or had a civil judgment rendered against him or her for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; commission of embezzlement, theft, forgery , bribery, falsification or destruction of records , making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or commission of any other offense indicating a lack of business integrity or business honesty; 5 040620 HCBOC Page 66 Certifications and Assurances Fiscal Year 2020 (c) ls not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any offense described in paragraph (b) of this certification ; (d) Has not, within the preceding three years, had one or more public transactions (Federal, State, or local) terminated for cause or default. 1.5. Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. The applicant certifies that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13 , 2018), beginning on and after August 13, 2020, it will not use assistance awarded by FTA to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain "covered telecommunications equipment or services" (as that term is defined in Section 889 of the Act) if such equipment or services will be used as a substantial or essential component of any system or as critical technology as part of any system. CATEGORY 2. PUBLIC TRANSPORTATION AGENCY SAFETY PLANS Beginning on July 20, 2020, this certification is required of each applicant under the Urbanized Area Formula Grants Program (49 USC.§ 5307), each rail operator that is subject to FTA 's state safety oversight programs, and each State that is required to draft and certify a public transportation agency safety plan on behalf of a small public transportation provider pursuant to 49 C.F.R. § 673.11 (d). This certification is required by 49 C.F.R. § 673.13. This certification does not apply to any applicant that receives financial assistance from FTA exclusively under the Formula Grants for the Enhanced Mobility of Seniors Program (49 USC. § 5310), the Formula Grants for Rural Areas Program (49 USC.§ 5311), or combination of these two programs. An applicant may make this certification only after fulfilling its safety planning requirements under 49 C.F.R. Part 6 73 . If an applicant is making its fiscal year 2020 certifications prior to completing its requirements under 49 C.F.R. Part 673 , it will make all other applicable certifications except this certification; the applicant may add this certification after it has fulfilled its requirements under 49 C.F.R. Part 6 73. FTA 's regional offices and headquarters Office of Transit Safety and Oversight will provide support for incorporating this certification in 2020. On and after July 20, 2020, FTA will not process an application from an applicant required to make this certification unless the applicant has made this certification. 6 040620 HCBOC Page 67 Certifications and Assurances Fiscal Year 2020 If the applicant is an operator, the applicant certifies that it has established a public transportation agency safety plan meeting the requirements of 49 C.F.R. Part 673. If the applicant is a State, the applicant certifies that: (a) It has drafted a public transportation agency safety plan for each small public transportation provider within the State, unless the small public transportation provider provided notification to the State that it was opting-out of the State-drafted plan and drafting its own public transportation agency safety plan ; and (b) Each small public transportation provider within the state has a public transportation agency safety plan that has been approved by the provider's Accountable Executive (as that term is defined at 49 C.F.R. § 673.5) and Board of Directors or Equivalent Authority (as that term is defined at 49 C.F.R. § 673.5). CATEGORY 3. TAX LIABILITY AND FELONY CONVICTIONS. lfthe applicant is a business association (regardless of for-profit, not for-profit , or tax exempt status), it must make this certification. Federal appropriations acts since at least 2014 have prohibited FTA.from using funds to enter into an agreement with any corporation that has unpaid Federal tax liabilities or recent felony convictions without first considering the corporation for debarment. E.g., Consolidated Appropriations Act, 2020, Pub. L. 116-93, div. C, title Vll, §§ 744-745. US. DOT Order 4200.6 defines a "corporation " as "any private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association", and applies the restriction to all tiers of subawards. As prescribed by US. DOT Order 4200.6, FTA requires each business association applicant to certify as to its tax and felony status. If the applicant is a private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association, the applicant certifies that: (a) It has no unpaid Federal tax liability that has been assessed , for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (b) It has not been convicted of a felony criminal violation under any Federal Jaw within the preceding 24 months. CATEGORY 4. LOBBYING. If the applicant will apply for a grant or cooperative agreement exceeding $100,000, or a loan, line of credit, loan guarantee, or loan insurance exceeding $150,000, it must make the following 7 040620 HCBOC Page 68 Certifications and Assurances Fiscal Year 2020 certification and, if applicable, make a disclosure regarding the applicant 's lobbying activities. This certification is required by 49 C.F.R. § 20.110 and app. A to that part. This certification does not apply to an applicant that is an Indian Tribe, Indian organization, or an Indian tribal organization exempt from the requirements of 49 C.F.R. Part 20. 4.1. Certification for Contracts, Grants, Loans, and Cooperative Agreements. The undersigned certifies, to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence 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. (b) If any funds other than Federal appropriated funds have been paid or wi II 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 . ( c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. / This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31 , U.S. Code . Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $ I 00,000 for each such failure. 4.2. Statement for Loan Guarantees and Loan Insurance. The undersigned states, to the best of his or her knowledge and belief, that: If any 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 commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and 8 040620 HCBOC Page 69 Certifications and Assurances Fiscal Year 2020 submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement 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 statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CATEGORY 5. PRIVATE SECTOR PROTECTIONS. If the applicant will apply for funds that it will use to acquire or operate public transportation facilities or equipment, the applicant must make the following certification regarding protections for the private sector. 5.1. Charter Service Agreement. To enforce the provisions of 49 U.S.C. § 5323(d), FTA 's charter service regulation requires each applicant seeking assistance from FT A for the purpose of acquiring or operating any public transportation equipment or facilities to make the following Charter Service Agreement. 49 C.F.R. § 604.4. The applicant agrees that it , and each of its subrecipients, and third party contractors at any level who use FT A-funded vehicles, may provide charter service using equipment or facilities acquired with Federal assistance authorized under the Federal Transit Laws only in compliance with the regulations set out in 49 C.F.R. Part 604, the terms and conditions of which are incorporated herein by reference. 5.2. School Bus Agreement. To enforce the provisions of 49 U.S.C. § 5323(/), FTA 's school bus regulation requires each applicant seeking assistance from FT A for the purpose of acquiring or operating any public transportation equipment or facilities to make the following agreement regarding the provision of school bus services. 49 C.F.R. § 605.15. (a) If the applicant is not authorized by the FTA Administrator under 49 C.F.R. § 605.11 to engage in school bus operations, the applicant agrees and certifies as follows: (1) The applicant and any operator of project equipment agrees that it will not engage in school bus operations in competition with private school bus operators. (2) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Mass Transit Regulations, or section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)). 9 040620 HCBOC Page 70 Certifications and Assurances Fiscal Year 2020 (b) If the applicant is authorized or obtains authorization from the FTA Administrator to engage in school bus operations under 49 C.F.R. § 605.11 , the applicant agrees as follows: (1) The applicant agrees that neither it nor any operator of project equipment will engage in school bus operations in competition with private school bus operators except as provided herein. (2) The applicant, or any operator of project equipment, agrees to promptly notify the FT A Administrator of any changes in its operations which might jeopardize the continuation of an exemption under§ 605.11. (3) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Transit Administration regulations or section 164(b) of the Federal-Aid Highway Act of 1973 ( 49 U .S.C. l 602a(b )). (4) The applicant agrees that the project facilities and equipment shall be used for the provision of mass transportation services within its urban area and that any other use of project facilities and equipment will be incidental to and shall not interfere with the use of such facilities and equipment in mass transportation service to the public. CATEGORY 6. TRANSIT ASSET MANAGEMENT PLAN. If the applicant owns, operates, or manages capital assets used to provide public transportation, the following certification is required by 49 USC.§ 5326(a). The applicant certifies that it is in compliance with 49 C.F.R. Part 625. CATEGORY 7. ROLLING STOCK BUY AMERICA REVIEWS AND BUS TESTING. 7.1. Rolling Stock Buy America Reviews. If the applicant will apply for an award to acquire rolling stock for use in revenue service, it must make this certification. This certification is required by 49 C.F.R. § 663. 7. The applicant certifies that it will conduct or cause to be conducted the pre-award and post- delivery audits prescribed by 49 C .F .R. Part 663 and will maintain on file the certifications required by Subparts B, C, and D of 49 C.F.R. Part 663. 7.2. Bus Testing. If the applicant will apply for funds for the purchase or lease of any new bus model, or any bus model with a major change in configuration or components, the applicant must make this certification. This certification is required by 49 C.F.R. § 665. 7. 10 040620 HCBOC Page 71 Certifications and Assurances Fiscal Year 2020 The applicant certifies that the bus was tested at the Bus Testing Facility and that the bus received a passing test score as required by 49 C.F.R. Part 665. The applicant has received or will receive the appropriate full Bus Testing Report and any applicable partial testing reports before final acceptance of the first vehicle. CATEGORY 8. URBANIZED AREA FORMULA GRANTS PROGRAM. Jfthe applicant will apply for an award under the Urbanized Area Formula Grants Program (49 U.S. C. § 5307), or any other program or award that is subject to the requirements of 49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S. C. § 531 OJ ; "flex funds" from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)); projects that will receive an award authorized by the Transportation Infrastructure Finance and innovation Act ("TJFJA ") (23 U.S.C. §§ 601-609) or State Infrastructure Bank Program (23 U.S.C. § 610) (see 49 U.S.C. § 5323(0)); formula awards or competitive awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(a) and (b)); or low or no emission awards to any area under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(c)), the applicant must make the following certification. This certification is required by 49 U.S. C. § 5307(c)(J). The applicant certifies that it: (a) Has or will have the legal, financial , and technical capacity to carry out the program of projects (developed pursuant 49 U.S.C. § 5307(b)), including safety and security aspects of the program; (b) Has or will have satisfactory continuing control over the use of equipment and facilities ; (c) Will maintain equipment and facilities in accordance with the applicant 's transit asset management plan ; (d) Will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a project financed under this section, a fare that is not more than 50 percent of the peak hour fare will be charged for any- ( I) Senior; (2) Individual who, because of illness , injury, age, congenital malfunction, or any other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities , planning, or design; and (3) Individual presenting a Medicare card issued to that individual under title II or XVIII of the Social Security Act (42 U.S.C. §§ 401 et seq., and 1395 et seq.); (e) In carrying out a procurement under 49 U.S.C. § 5307 , will comply with 49 U.S.C. §§ 5323 (general provisions) and 5325 (contract requirements); 11 040620 HCBOC Page 72 Certifications and Assurances Fiscal Year 2020 (t) Has complied with 49 U.S.C. § 5307(b) (program of projects requirements); (g) Has available and will provide the required amounts as provided by 49 U.S .C . § 5307(d) ( cost sharing); (h) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning); (i) Has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation; G) Either- (l) Will expend for each fiscal year for public transportation security projects, including increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots , and garages), increased camera surveillance of an area in or adjacent to that system, providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation system, at least I percent of the amount the recipient receives for each fiscal year under 49 U.S.C. § 5336; or (2) Has decided that the expenditure for security projects is not necessary; (k) In the case of an applicant for an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census, will submit an annual report listing projects carried out in the preceding fiscal year under 49 U.S.C. § 5307 for associated transit improvements as defined in 49 U.S.C. § 5302; and (I) Will comply with 49 U.S .C. § 5329(d) (public transportation agency safety plan). CATEGORY 9. FORMULA GRANTS FOR RURAL AREAS. If the applicant will apply for funds made available to it under the Formula Grants for Rural Areas Program (49 U.S.C. § 5311), it must make this certification. Paragraph (a) of this certification helps FTA make the determinations required by 49 U.S.C. § 5310(b)(2)(C). Paragraph (b) of this certification is required by 49 U.S.C. § 5311 (/)(2). Paragraph (c) of this certification, which applies to funds apportioned for the Appalachian Development Public Transportation Assistance Program, is necessary to enforce the conditions of 49 U.S. C. § 5311 (c)(2)(D). (a) The applicant certifies that its State program for public transportation service projects, including agreements with private providers for public transportation service- (}) Provides a fair distribution of amounts in the State, including Indian reservations; and (2) Provides the maximum feasible coordination of public transportation service assisted under 49 U .S.C. § 5311 with transportation service assisted by other Federal sources;and 12 040620 HCBOC Page 73 Certifications and Assurances Fiscal Year 2020 (b) If the applicant will in any fiscal year expend less than 15% of the total amount made available to it under 49 U.S.C. § 5311 to carry out a program to develop and support intercity bus transportation, the applicant certifies that it has consulted with affected intercity bus service providers, and the intercity bus service needs of the State are being met adequately. (c) If the applicant will use for a highway project amounts that cannot be used for operating expenses authorized under 49 U .S.C. § 5311 ( c )(2) (Appalachian Development Public Transportation Assistance Program), the applicant certifies that- (1) It has approved the use in writing only after providing appropriate notice and an opportunity for comment and appeal to affected public transportation providers; and (2) It has determined that otherwise eligible local transit needs are being addressed. CATEGORY 10. FIXED GUIDEW A Y CAPITAL INVESTMENT GRANTS AND THE EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT GRANTS PILOT PROGRAM. lfthe applicant will apply for an award under any subsection of the Fixed Guideway Capital Investment Program (49 V.S.C. § 5309), including an award made pursuant to the FAST Act's Expedited Project Delivery for Capital Investment Grants Pilot Program (Pub. L. 114-94, div. A , title 111, § 3005(b)), the applicant must make the following certification. This certification is required by 49 V.S.C. § 5309(c)(2) and Pub. L. 114-94, div. A, title III,§ 3005(b)(3)(B). The applicant certifies that it: (a) Has or will have the legal, financial , and technical capacity to carry out its Award, inc luding the safety and security aspects of that Award, (b) Has or will have satisfactory continuing control over the use of equipment and faci Ii t ies acquired or improved under its Award. (c) Will maintain equipment and facilities acquired or improved under its Award in accordance with its transit asset management plan; and (d) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning). CATEGORY 11. GRANTS FOR BUSES AND BUS FACILITIES AND LOW OR NO EMISSION VEHICLE DEPLOYMENT GRANT PROGRAMS. ff the applicant is in an urbanized area and will apply for an award under subsection (a) (formula grants) or subsect ion (b) (competitive grants) of the Grants for Buses and Bus Facilities Program (49 V.S.C. § 5339), the applicant must make the certification in Category 7 for Urbanized Area Formula Grants (49 V.S.C. § 5307). This certification is required by 49 V.S.C. § 5339(a)(3) and (b)(6), respectively. 13 040620 HCBOC Page 74 Certifications and Assurances Fiscal Year 2020 If the applicant is in a rural area and will apply for an award under subsection (a) (formula grants) or subsection (b) (competitive grants) of the Grants/or Buses and Bus Facilities Program (49 USC§ 5339), the applicant must make the certification in Category 8for Formula Grants/or Rural Areas (49 USC§ 5311). This certification is required by 49 USC. § 5339(a)(3) and (b)(6), respectively. If the applicant, regardless of whether it is in an urbanized or rural area, will apply for an award under subsection (c) (low or no emission vehicle grants) of the Grants for Buses and Bus Facilities Program (49 USC§ 5339), the applicant must make the certification in Category 7 for Urbanized Area Formula Grants (49 USC § 5307). This certification is required by 49 USC § 5339(c)(3). Making this certification will incorporate by reference the applicable certifications in Category 7 or Category 8. CATEGORY 12. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES PROGRAMS. If the applicant will apply for an award under the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program (49 USC§ 5310), it must make the certification in Category 7 for Urbanized Area Formula Grants (49 USC § 5307). This certification is required by 49 USC§ 53JO(e)(J). Making this certification will incorporate by reference the certification in Category 7, except that FTA has determined that (d), (/), (i), (j), and (k) of Category 7 do not apply to awards made under 49 USC.§ 5310 and will not be enforced. In addition to the certification in Category 7, the applicant must make the following certification that is specific to the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program. This certification is required by 49 USC.§ 5310(e)(2). The applicant certifies that: (a) The projects selected by the applicant are included in a locally developed, coordinated public transit-human services transportation plan; (b) The plan described in clause (a) was developed and approved through a process that included participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers, and other members of the public; (c) To the maximum extent feasible , the services funded under 49 U.S.C. § 5310 will be coordinated with transportation services assisted by other Federal departments and agencies, including any transportation activities carried out by a recipient of a grant from the Department of Health and Human Services; and 14 040620 HCBOC Page 75 Certifications and Assurances Fiscal Year 2020 (d) If the applicant will allocate funds received under 49 U.S.C . § 53 IO to subrecipients, it will do so on a fair and equitable basis. CATEGORY 13. STATE OF GOOD REPAIR GRANTS. If the applicant will apply for an award under FTA 's State of Good Repair Grants Program (49 V.S.C. § 5337), it must make thefollowingcertification. Because FTA generally does not review the transit asset management plans of public transportation providers, this certification is necessary to enforce the provisions of 49 V.S.C. § 5337(a)(4). The applicant certifies that the projects it will carry out using assistance authorized by the State of Good Repair Grants Program, 49 U.S.C. § 5337, are aligned with the applicant's most recent transit asset management plan and are identified in the investment and prioritization section of such plan, consistent with the requirements of 49 C .F.R. Part 625. CATEGORY 14. INFRASTRUCTURE FINANCE PROGRAMS. Jfthe applicant will apply for an award/or a project that will include assistance under the Transportation Infrastructure Finance and Innovation Act ("TIFIA ") Program (23 U.S. C. §§ 601 -609) or the State Infrastructure Banks ("SIB ") Program (23 U.S.C. § 610), it must make the certifications in Category 7 for the Urbanized Area Formula Grants Program, Category 9 for the Fixed Guideway Capital Investment Grants program, and Category 12 for the State of Good Repair Grants program. These certifications are required by 49 V.S.C. § 5323(0). Making this certification will incorporate the certifications in Categories 7, 9, and 12 by reference. CATEGORY 15. ALCOHOL AND CONTROLLED SUBSTANCES TESTING. Jfthe applicant will apply for an award under FTA 's Urbanized Area Formula Grants Program (49 V.S.C. § 5307), Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), Formula Grants for Rural Areas Program (49 V.S.C. § 5311), or Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339) programs, the applicant must make the following certification. The applicant must make this certification on its own behalf and on behalf of its subrecipients and contractors. This certification is required by 49 C.F.R. § 655.83. The applicant certifies that it, its subrecipients, and its contractors are compliant with FT A's regulation for the Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations, 49 C.F.R. Part 655. 15 040620 HCBOC Page 76 Certifications and Assurances Fiscal Year 2020 CATEGORY 16. RAIL SAFETY TRAINING AND OVERSIGHT. If the applicant is a State with at least one rail fixed guideway system, or is a State Safety Oversight Agency, or operates a rail fixed guideway system, it must make the following certification. The elements of this certification are required by 49 C.F.R. §§ 659.43, 672.31 , and 674.39. The applicant certifies that the rail fixed guideway public transportation system and the State Safety Oversight Agency for the State are: (a) Compliant with the requirements of 49 C.F.R. part 659, "Rail Fixed Guideway Systems; State Safety Oversight"; (b) Compliant with the requirements of 49 C.F.R. part 672, "Public Transportation Safety Certification Training Program"; and (c) Compliant with the requirements of 49 C.F.R. part 674 , "Sate Safety Oversight". CATEGORY 17. DEMAND RESPONSIVE SERVICE. lfthe applicant operates demand responsive service and will apply for an award to purchase a non-rail vehicle that is not accessible within the meaning of 49 C.F.R. Part 37, it must make the following certification. This certification is required by 49 C.F.R. § 3 7. 77. The applicant certifies that the service it provides to individuals with disabilities is equivalent to that provided to other persons. A demand responsive system, when viewed in its entirety, is deemed to provide equivalent service if the service available to individuals with disabilities, including individuals who use wheelchairs, is provided in the most integrated setting appropriate to the needs of the individual and is equivalent to the service provided other individuals with respect to the following service characteristics: (a) Response time; (b) Fares; ( c) Geographic area of service; (d) Hours and days of service; ( e) Restrictions or priorities based on trip purpose; (t) Availability of information and reservation capability; and (g) Any constraints on capacity or service availability. CATEGORY 18. INTEREST AND FINANCING COSTS. If the applicant will pay for interest or other financing costs of a project using assistance awarded under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), the Fixed Guideway Capital Investment Grants Program (49 U.S.C. § 5309), or any program that must comply with the requirements of 49 U.S.C. § 5307, including the Formula Grants for the 16 040620 HCBOC Page 77 Certifications and Assurances Fiscal Year 2020 Enhanced Mobility of Seniors Program (49 US C.§ 5310), ''jlexfunds "from if!frastructure programs administered by the Federal Highways Administration (see 49 USC.§ 5334(i)), or awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 USC § 5339), the applicant must make the following certification. This certification is required by 49 US C.§§ 5307(e)(3) and 5309(k)(2)(D). The applicant certifies that: (a) Its application includes the cost of interest earned and payable on bonds issued by the applicant only to the extent proceeds of the bonds were or will be expended in carrying out the project identified in its application ; and (b) The applicant has shown or will show reasonable diligence in seeking the most favorable financing terms available to the project at the time of borrowing. CATEGORY 19. CONSTRUCTION HIRING PREFERENCES. If the applicant will ask FTA to approve the use of geographic, economic, or any other hiring preference not otherwis e authorized by law on any contract or construction project to be assisted with an award from FTA , it must make the following certification. This certification is required by the Further Consolidated Appropriations Act, 2020, Pub . L. 116-94, div. H, title I,§ 191 . The applicant certifies the fo ll owing: (a) That except with respect to apprentices or trainees, a pool of readily availab le but unemployed individuals possessing the knowledge , skill , and ability to perform the work that the contract requires resides in the jurisdiction; (b) That the grant recipient will include appropriate provisions in its bid document ensuring that the contractor does not displace any of its existing employees in order to satisfy such hiring preference; and (c) That any increase in the cost of labor, training, or delays resulting from the use of such hiring preference does not delay or displace any transportation project in the applicable Statewide Transportation Improvement Program or Transportation Improvement Program. CATEGORY 20. CYBERSECURITY CERTIFICATION FOR RAIL ROLLING STOCK AND OPERA TIO NS. If the applicant operates a rail fixed guideway public transportation system, it must make this certification. This certification is required by 49 USC. § 5323(v), a new subsection added by the National Defense Authorization Act for Fiscal Year 2020, Pub. L. 116-92, § 76 13 (Dec. 20, 2019). For information about standards or practices that may apply to a rail fixed guideway 17 040620 HCBOC Page 78 Certifications and Assurances public transportation system, visit https://www.n ist.gov/cyberfram ewo rk and https://www.cisa.gov/. Fiscal Year 2020 The applicant certifies that it has established a process to develop, maintain , and execute a written plan for identifying and reducing cybersecurity risks that complies with the requirements of 49 U.S.C. § 5323(v)(2). 18 040620 HCBOC Page 79 Certifications and Assurances Fiscal Year 2020 FEDERAL FISCAL YEAR 2020 CERTIFICATIONS AND ASSURANCES FOR FT A ASSISTANCE PROGRAMS (Signature pages alternate to providing Certifications and Assurances in TrAMS.) Name of Applicant: Tot i\QU.YJh{ 0± 8t1.m6\:t The Applicant certifies to the applicable provisions of categories O 1-20. X Or , The Applicant certifies to the applicable provisions of the categories it has selected: Category 0 I Certifications and Assurances Required of Every Applicant 02 Public Transportation Agency Safety Plans 03 Tax Liability and Felony Convictions 04 Lobbying 05 Private Sector Protections 06 Transit Asset Management Plan 07 Rolling Stock Buy America Reviews and Bus Testing 08 Urbanized Area Fonnula Grants Program 09 Formula Grants for Rural Areas 10 Fixed Guideway Capital Investment Grants and the Expedited Project Delivery for Capital Investment Grants Pilot Program 11 Grants for Bu ses and Bus Facilities and Low or No Emission Vehicle Deployment Grant Programs Certification 040620 HCBOC Page 80 Certifications and Assurances 12 Enhanced Mobility of Seniors and Individuals with Disabilities Programs 13 State of Good Repair Grants 14 Infrastructure Finance Programs 15 Alcohol and Controlled Substances Testing 16 Rail Safety Training and Oversight 17 Demand Responsive Service 18 Interest and Financing Costs 19 Construction Hiring Preferences 20 Cybersecurity Certification for Rail Rolling Stock and Operations Fiscal Year 2020 FEDERAL FISCAL YEAR 2020 FT A CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE (Required of all Applicants for federal assistance to be awarded by FT A in FY 2020) AFFIRMATION OF APPLICANT NarneoftheApplicant: ::Ihe CD,Anh\ o+: H(n:::oett: BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these Certifications and Assurances and bind it s compliance. Thus, it agrees to comply with all federal laws , regulations, and requirements, follow applicable federal guidance, and comply with the Certifications and Assurances as indicated on the foregoing page applicable to each application its Authorized Representative makes to the Federal Transit Administration (FT A) in federal fi scal year 2020, irrespective of whether the indi vidual that acted on hi s or her Applicant 's behalf continues to represent it. FT A intend s that the Certifications and Assurances the Applicant selects on the other side of this document s hould apply to each A ward for which it now see ks, or may later seek federal assistance to be awarded during federal fiscal year 2020. The Applicant affirms the truthfulness and accuracy of the Certifications and Assurances it has se lected in the statements submitted with thi s document and any other submission made to FT A, and acknowledges that the Program Fraud Civil Remedie s Act of 1986, 31 U.S.C. § 3801 el seq., and implementing U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31, apply to any certification, assurance or submission made to FTA. The criminal provi s ion s of 18 U.S.C. § 100 I apply to any certification, assurance, or submission made in connection with a federal public transportation program authorized by 49 U.S.C. chapter 53 or any other statute 2 040620 HCBOC Page 81 Certifications and Assurances Fiscal Year 2020 In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and any other statements made by me on behalf of the Applicant are true and llC'.<'uMto Signature __________________ _ Name ___________________ _ AFFIRMATION OF APPL! For (Name of Applicant):------------ As the undersigned Attorney for the above-named Applicant, I m:n.::oy at11rm to the Applicant that it has authority under state, local, or tribal government law, as applicable, to make and comply with the Certificat ions and Assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the Certifications and Assurances have been legally made and constitute legal and binding obligations on it. I further affirm that, to the best ofmy knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these Certification s and Assurances, or of the performance of its FT A assisted A ward. .. ..... . . . . . . . . . . . . . . . S ignature __________________________ _ Date: -------- Name ____________________________ Attorney for Applicant Each Applicant for federal assistance to be awarded/ pertaining to the Applicant's legal capacity. The App/ Attorney 's signature within TrAMS, provided th e App Affirmation, signed by the attorney and dated this fed 3 ... 'J)licant 's Attorner'. • : • : · : 1 lieu of th e , this hard-copy z• .-:.D •• 040620 HCBOC Page 82 (Required of all Applicants that plan to procure inaccessible vehicles) CERTIFICATION OF EQUIVALENT SERVICE The County of Harnett (Legal Name of Applicant) certifies that its demand responsive service offered to individuals with disabilities (as defined in 49 CFR 37.3), including individuals who use wheelchairs, is equivalent to the level and quality of service offered to individuals without disabilities. Such service, when viewed in its entirety, is provided in the most integrated setting feasible and is equivalent with respect to : I) Response time; 2) Fares; 3) Geographic service area; 4) Hours and days of service; 5) Restrictions or priorities based on trip purpose; 6) Availability of information and reservation capability; and 7) Constraints on capacity or service availability. In accordance with 49 CFR 37.77, public funded entities operating demand responsive systems for the general public which receive financial assistance under section 18 of the Federal Transit Act must file this certification with the appropriate state program office before procuring any inaccessible vehicle. NCDOT also requires state funded entities that do not receive Federal Transit Administration (FT A) funds to file this certification as well. This certification is valid for no longer than one year from its date of filing. The NCDOT Public Transportation Division requires all participants to certify equivalent service when requesting to purchase non-ADA accessible vehicles. By signing this certification, the above-named agency is certifying that it has a mechanism in place to provide rides to individuals with disabilities. The ride must be provided in a manner equivalent to the service provided by the above-named agency to individuals without disabilities. Verification must include the attached form entitled Measuring and Monitoring Equivalency for a General Public Demand Responsive Transportation Service. Signature of Authorized Official Sea/ Subscribed and sworn to me (date) ______ _ Notary Public Printed Name and Address My commission expires (date) ----------- 4o w0-rc\ Pen 0 "-j ; ... • ' .... • • • • • • t : ... ........................ , .. _ ...•....•....•. . . . [······························1 l I i i 040620 HCBOC Page 83 Measuring and Monitoring Equivalency for a General Public Demand Responsive Transportation Service Criteria/Requirement Data and Analysis to Ensure Equivalency Harnett and Surrounding Counties Service Area 48 hours' notice for non-emergency transportation , ADA Response Time transportation provided asap, usually next day. $3 .00 in county each way, $5 .00 out of county each way Fares Monday-Friday 4am-5pm, Saturday dialysis only 4am- Days and Hours 4pm, Sunday-Closed Medical, Leisure, Shopping, senior trips, banking, court, Trip Purposes work Capacity Constraints: 300 passengers one way Limited based on trip demand to certain areas, we follow Trip Denials taxi and chartering regulations. 300 one way Trip Caps None Waiting Lists Less than 1% Missed Trips 98% only late arrival was due from traffic or call outs. On-Time Performance 30 min in county 1 Y:z hours out of county Travel Time 040620 HCBOC Page 84Comparison of ADA Regulatory Requirements for General Public Demand Responsive Services versus ADA Complementary Paratransit Services Criteria/Requirement General Public Demand Responsive ADA Complementary Paratransit Transportation Services (Equivalency) Services (Comparable to Fixed Route) Whatever policy you set. Same for Origin-to-destination Type of Service (OTO v CTC) everyone. Same as everyone else % of a mile of all non-commuter fixed Service Area routes Same as everyone else Next-day service Response Time Same for all 2 times base fixed route fare Fares Same for all All the fixed route hours Days and Hours Can set policy ; same for all All trip purposes; no priorities Trip Purpose Same for all No capacity constraints Capacity Constraints Provide accessible information and Provide accessible information and Information and Communication communications communications Access 040620 HCBOC Page 85 (Required of all Applicants) CERTIFICATION AND RESTRICTIONS ON LOBBYING , on behalf of The County of Harnett Legal Name of Applicant Hereby certifies that: No Federal/State 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 any Federal/State agency, a Member of Congress or State Legislature, an employee of a member of Congress or State Legislature, or an officer or employee of Congress or State Legislature in connection with the awarding of any Federal/State contract, the making of any Federal/State grant, the making of any Federal/State loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal/State contract, grant, loan, or cooperative agreement. If any funds other than Federal/State appropriated funds have been paid or will be paid to any person influencing or attempting to influence an officer or employee of any Federal/State agency, a Member of Congress or State Legislature, an employee of a member of Congress or State Legislature, or an officer or employee of Congress or State Legislature in connection with the Federal/State 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. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants and contracts under grants, loans, and cooperative agreements) and that all sub-recipients 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 certifica tion is a prerequisite for making or en tering into this tran saction imposed by 31 USC§ 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification s hall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Th e undersigned c ertifies or affirms the truthfulness and accuracy of th e contents of the statements s ubmitted on or with this certification and understands that the provisions of 31 U.S. C. Section 3801, et seq., ar. applicc ther eto . z en Ii Signature of Authorized Official Seal Subscribed and sworn to me (date) ______ _ Notary Public Printed Name and Address My commission expires (date) ---------- ......................................................................................... ffl z \-\oword rl Here . . .................................................................................................. 040620 HCBOC Page 86 SFY 2021 Community Transportation Program (CTP) Grant Application -Special Section 5333 (b) Warranty Special Section 5333(b) Warranty For Application to the Nonurbanized Area Formula Program The following language shall be made part of the contract of assistance with the State or other public body charged with allocation and administration of funds provided under the Community Transportation Program (CTP): A. General Application The Public Body (The North Carolina Department of Transportation) agrees that the terms and conditions of this warranty, as set forth below, shall apply for the protection of the transportation related employees of any employer providing transportation services assisted by the project, The County of Hamett (Legal Name of Applicant) and the transportation related employees of any other surface public transportation providers in the transportation service area of the project. The Public Body shall provide to the U. S. Department of Labor and maintain at all times during the Project an accurate, up-to-date listing of all existing transportation providers which are eligible Recipients of transportation assistance funded by the Project , in the transportation service area of the Project, and any labor organizations representing the employees of such providers. Certification by the Public Body to the U. S. Department of Labor that the designated Recipients have indicated in writing acceptance of the terms and conditions of the warranty arrangement will be sufficient to permit the flow of CTP funding in the absence of a finding of noncompliance by the Department of Labor. B. Standard Terms and Conditions (1) The Project shall be carried out in such a manner and upon such terms and conditions as will not adversely affect employees of the Recipient and of any other surface public transportation provider in the transportation service area of the Project. It shall be an obligation of the Recipient to assure that any and all transportation services assisted by the Project are contracted for and operated in such a manner that they do not impair the rights and interests of affected employees. The term "Project," as used herein, shall not be limited to the particular facility, service, or operation assisted by Federal funds , but shall include any changes , whether organizational, operational, technological, or otherwise, which are a result of the assistance provided. The phrase "as a result of the Project," shall, when used in this arrangement, include events related to the Project occurring in anticipation of, during, and subsequent to the Project and any program of efficiencies or economies related thereto; provided , however, that volume rises and falls of business, or changes in volume and character of employment brought about solely by causes other than the Project (including any economies or efficiencies unrelated to the Project) are not within the purview of this arrangement. NCDOT-PTD SF Y 2021 040620 HCBOC Page 87 SFY 2021 Community Transportation Program (CTP) Grant Application -Special Section 5333 (b) Warranty An employee covered by this arrangement, who is not dismissed, displaced or otherwise worsened in his/her position with regard to employment as a result of the Project, but who is dismissed, displaced or otherwise worsened solely because of the total or partial termination of the Project or exhaustion of Project funding shall not be deemed eligible for a dismissal or displacement allowance within the meaning of paragraphs (6) and (7) of this arrangement. (2) Where employees of a Recipient are represented for collective bargaining purposes, all Project services provided by that Recipient shall be provided under and in accordance with any collective bargaining agreement applicable to such employees which is then in effect. This Arrangement does not create any collective bargaining relationship where one does not already exist or between any Recipient and the employees of another employer. Where the Recipient has no collective bargaining relationship with the Unions representing employees in the service area, the Recipient will not take any action which impairs or interferes with the rights, privileges, and benefits and/or the preservation or continuation of the collective bargaining rights of such employees. (3) All rights, privileges, and benefits (including pension rights and benefits) of employees covered by this arrangement (including employees having already retired) under existing collective bargaining agreements or otherwise, or under any revision or renewal thereof, shall be preserved and continued; provided, however, that such rights, privileges and benefits which are not foreclosed from further bargaining under applicable law or contract may be modified by collective bargaining and agreement by the Recipient and the Union involved to substitute other rights , privileges and benefits. Unless otherwise provided, nothing in this arrangement shall be deemed to restrict any rights the Recipient may otherwise have to direct the working forces and manage its business as it deemed best, in accordance with the applicable collective bargaining agreement. (4) The collective bargaining rights of employees covered by this arrangement, including the right to arbitrate labor disputes and to maintain union security and checkoff arrangements, as provided by applicable laws , policies and/or existing collective bargaining agreements, shall be preserved and continued. Provided, however, that this provision shall not be interpreted so as to require the Recipient to retain any such rights which exist by virtue of a collective bargaining agreement after such agreement is no longer in effect. The Recipient agrees that it will bargain collectively with the Union or otherwise arrange for the continuation of collective bargaining, and that it will enter into agreements with the Union or arrange for such agreements to be entered into, relative to all subjects which are or may be proper subjects of collective bargaining. If, at any time, applicable law or contracts permit or grant to employees covered by this arrangement the right to utilize any economic measures, nothing in this arrangement shall be deemed to foreclose the exercise of such right. (5)(a) The Recipient shall provide to all affected employees sixty (60) days' notice of intended actions which may result in displacements or dismissals or rearrangements of the working forces as a result of the Project. In the case of employees represented by a Union, such notice shall be provided by certified mail through their representatives. The notice shall contain a 2 NCDOT-PTD SFY 2021 040620 HCBOC Page 88 SFY 2021 Community Transportation Program (CTP) Grant Application -Special Section 5333 (b) Warranty full and adequate statement o f the proposed changes, and an estimate of the number of employees affected by the intended changes, and the number and classifications of any jobs within the jurisdiction and control of the Recipient, including tho se in the employment of any entity bound by this arrangement pursuant to paragraph (21 ), available to be filled by such affected employees. (S)(b) The procedures of this subparagraph shall apply to cases where notices involve employees represented by a Union for collective bargaining purposes . At the request of either the Recipient or the representatives of such employees, negotiations for the purposes of reaching agreement with respect to the application of the terms and conditions of this arrangement shall commence immediately. These negotiations shall include determining the selection of forces from among the mass transportation employees who may be affected as a result of the Project, to establish which such employees shall be offered employment for which they are qualified or can be trained. If no agreement is reached within twenty (20) days from the commencement of negotiations, any party to the dispute may submit the matter to dispute settlement procedures in accordance with paragraph (15) of this arrangement. Unless the parties otherwise mutually agree in writing, no change in operations, services, facilities or equipment within the purview of this paragraph (5) shall occur until after either: 1) an agreement with respect to the application of the terms and conditions of this arrangement to the intended change( s) is reached; 2) the decision of the arbitrator has been rendered pursuant to this subparagraph (b); or 3) an arbitrator selected pursuant to Paragraph (15) of this arrangement determines that the intended change(s) may be instituted prior to the finalization of implementing arrangements . (S)(c) In the event of a dispute as to whether an intended change within the purview of this paragraph (5) may be instituted at the end of the 60-day notice period and before an implementing agreement is reached or a final arbitration decision is rendered pursuant to subparagraph (b ), any involved party may immediately submit that issue to arbitration under paragraph (15) of this arrangement. In any such arbitration, the arbitrator shall rely upon the standards and criteria utili zed by the Surface Transportation Board ( and its predecessor agency , the Interstate Commerce Commission) to address the "precon surnmation" issue in cases involving employee protections pursuant to 49 U.S .C . Section 11326 (or its predecessor, Section 5(2)(f) of the Interstate Commerce Act, as amended). If the Recipient demonstrates, as a threshold matter in any such arbitration, that the intended actio n is a trackage rights, lease proceeding or similar transaction, and not a merger, acquisition, consolidation, or other similar transaction, the burden shall then shift to the involved labor organization(s) to prove that under the standards and criteria referenced above , the intended action should not be permitted to be instituted prior to the effective date of a negotiated or arbitrated implementing agreement. If the Recipient fails to demonstrate that the intended action is a trackage rights , lease proceeding, or similar transaction, it shall be the burden of the Recipient to prove that under the standards and criteria referenced above , the intended action should be permitted to be instituted prior to the effective date of a negotiated or arbitrated implementing agreement. For purposes of any such arbitration, the time period within which the parties are to respond to the list of potential arbitrators submitted by the American Arbitration Association Service shall be five (5) days , the notice of hearing may be given orally or by facsimile, the hearing will be held promptly, th e award of the arbitrator shall be rendered promptly and, unless 3 N C DOT-PTD SFY 202 1 040620 HCBOC Page 89 SFY 2021 Community Transportation Program (CTP) Grant Application -Special Section 5333 (b) Warranty otherwise agreed to by the parties, no later than fourteen (14) days from the date of closing the hearings , with five (5) additional days for mailing if posthearing briefs are requested by either party. The intended change shall not be instituted during the pendency of any arbitration proceedings under this subparagraph (c). (5)(d) If an intended change within the purview of this paragraph (5) is instituted before an implementing agreement is reached or a final arbitration decision is rendered pursuant to subparagraph (b ), all employees affected shall be kept financially whole, as if the noticed and implemented action has not taken place, from the time they are affected until the effective date of an implementing agreement or final arbitration decision . This protection shall be in addition to the protective period defined in paragraph (14) of this arrangement, which period shall begin on the effective date of the implementing agreement or final arbitration decision rendered pursuant to subparagraph (b ). An employee selecting, bidding on, or hired to fill any position established as a result of a noticed and implemented action prior to the consummation of an implementing agreement or final arbitration decision shall accumulate no benefits under this arrangement as a result thereof during that period prior to the consummation of an implementing agreement or final arbitration decision pursuant to subparagraph (b ). (6)(a) Whenever an employee, retained in service, recalled to service, or employed by the Recipient pursuant to paragraphs (5), (7)( e), or (18) hereof is placed in a worse position with respect to compensation as a result of the Project, the employee shall be considered a "displaced employee", and shall be paid a monthly "displacement allowance" to be determined in accordance with this paragraph. Said displacement allowance shall be paid each displaced employee during the protective period so long as the employee is unable, in the exercise of his/her seniority rights, to obtain a position producing compensation equal to or exceeding the compensation the employee received in the position from which the employee was displaced, adjusted to reflect subsequent general wage adjustments, including cost of living adjustments where provided for. (6)(b) The displacement allowance shall be a monthly allowance determined by computing the total compensation received by the employee, including vacation allowances and monthly compensation guarantees , and his/her total time paid for during the last twelve (12) months in which the employee performed compensated service more than fifty per centum of each such months, based upon the employee's normal work schedule, immediately preceding the date of his/her displacement as a result of the Project, and by dividing separately the total compensation and the total time paid for by twelve, thereby producing the average monthly compensation and the average monthly time paid for. Such allowance shall be adjusted to reflect subsequent general wage adjustments, including cost of living adjustments where provided for. If the displaced employee's compensation in his/her current position is less in any month during his/her protective period than the aforesaid average compensation (adjusted to reflect subsequent general wage adjustments, including cost of living adjustments where provided for), the employee shall be paid the difference, less compensation for any time lost on account of voluntary absences to the extent that the employee is not available for service equivalent to his/her average monthly time, but the employee shall be compensated in 4 NCDOT-PTD SFY 202 1 040620 HCBOC Page 90 SFY 2021 Community Transportation Program (CTP) Grant Application -Special Section 5333 (b) Warranty addition thereto at the rate of the current position for any time worked in excess of the average monthly time paid for. If a displaced employee fails to exercise his/her seniority rights to secure another position to which the employee is entitled under the then existing collective bargaining agreement, and which carries a wage rate and compensation exceeding that of the position which the employee elects to retain , the employee shall thereafter be treated, for the purposes of this paragraph , as occupying the position the employee elects to decline. ( 6)( c) The displacement allowance shall cease prior to the expiration of the protective period in the event of the displaced employee's resignation, death, retirement, or dismissal for cause in accordance with any labor agreement applicable to his/her employment. (7)(a) Whenever any employee is laid off or otherwise deprived of employment as a result of the Project, in accordance with any collective bargaining agreement applicable to his/her employment, the employee shall be considered a "dismissed employee" and shall be paid a monthly dismissal allowance to be determined in accordance with this paragraph. Said dismissal allowance shall first be paid each dismissed employee on the thirtieth (30th) day following the day on which the employee is "dismissed" and shall continue during the protective period , as follow : Employee's length of Service prior to adverse effect Period of protection 1 day to 6 years equivalent period 6 years or more 6 years The monthly dismissal allowance shall be equivalent to one-twelfth (1112th) of the total compensation received by the employee in the last twelve (12) months of his/her employment in which the employee performed compensation service more than fifty per centum of each such month based on the employee's normal work schedule to the date on which the employee was first deprived of employment as a result of the Project. Such allowance shall be adjusted to reflect subsequent general wage adjustments, including cost of living adjustments where provided for. (7)(b) An employee shall be regarded as deprived of employment and entitled to a dismissal allowance when the position the employee holds is abolished as a result of the Project, or when the position the employee holds is not abolished but the employee loses that position as a result of the exercise of seniority rights by an employee whose position is abolished as a result of the Project or as a result of the exercise of seniority rights by other employees brought about as a result of the Project, and the employee is unable to obtain another position, either by the exercise of the employee's seniority rights, or through the Recipient , in accordance with subparagraph ( e ). In the absence of proper notice followed by an agreement or decision pursuant to paragraph (5) hereof, no employee who has been deprived of employment as a result of the Project shall be required to exercise his/her seniority rights to secure another position in order to qualify for a dismissal allowance hereunder. 5 NCDOT-PTD SFY 2021 040620 HCBOC Page 91 SFY 2021 Community Transportation Program (CTP) Grant Application -Special Section 5333 (b) Warranty (7)( c) Each employee receiving a dismissal allowance shall keep the Recipient informed as to his/her current address and the current name and address of any other person by whom the employee may be regularly employed, or if the employee is self-employed. (7)( d) The dismissal allowance shall be paid to the regularly assigned incumbent of the position abolished. If the position of an employee is abolished when the employee is absent from service, the employee will be entitled to the dismissal allowance when the employee is available for service. The employee temporarily filling said position at the time it was abolished will be given a dismissal allowance on the basis of that position, until the regular employee is available for service, and thereafter shall revert to the employee 's previous status and will be given the protections of the agreement in said position, if any are due him/her. (7)(e) An employee receiving a dismissal allowance shall be subject to call to return to service by the employee's former employer; notification shall be in accordance with the terms of the then-existing collective bargaining agreement if the employee is represented by a union. Prior to such call to return to work by his/her employer, the employee may be required by the Recipient to accept reasonably comparable employment for which the employee is physically and mentally qualified, or for which the employee can become qualified after a reasonable training or retraining period, provided it does not require a change in residence or infringe upon the employment rights of other employees under then-existing collective bargaining agreements. (7)(f) When an employee who is rece1vmg a dismissal allowance again commences employment in accordance with subparagraph ( e) above, said allowance shall cease while the employee is so reemployed, and the period of time during which the employee is so reemployed shall be deducted from the total period for which the employee is entitled to receive a dismissal allowance. During the time of such reemployment, the employee shall be entitled to the protections of this arrangement to the extent they are applicable. (7)(g) The dismissal allowance of any employee who is otherwise employed shall be reduced to the extent that the employee's combined monthly earnings from such other employment or self-employment, any benefits received from any unemployment insurance law, and his/her dismissal allowance exceed the amount upon which the employee's dismissal allowance is based. Such employee, or his/her union representative, and the Recipient shall agree upon a procedure by which the Recipient shall be kept currently informed of the earnings of such employee in employment other than with the employee's former employer, including self- employment, and the benefits received. (7)(h) The dismissal allowance shall cease prior to the expiration of the protective period in the event of the failure of the employee without good cause to return to service in accordance with the applicable labor agreement, or to accept employment as provided under subparagraph (e) above, or in the event of the employee 's re signation, death , retirement, or dismissal for cause in accordance with any labor agreement applicable to his/her employment. 6 NCDOT-PTD SFY 20 2 1 040620 HCBOC Page 92 SFY 2021 Community Transportation Program (CTP) Grant Application -Special Section 5333 (b) Warranty (7)(i) A dismissed employee receiving a dismissal allowance shall actively seek and not refuse other reasonably comparable employment offered him/her for which the employee is physically and mentall y qualified and does not require a change in the employee's place of residence. Failure of the dismissed employee to comply with this obligation shall be grounds for discontinuance of the employee's allowance; provided that said dismissal allowance shall not be discontinued until final determination is made either by agreement between the Recipient and the employee or his/her representative, or by final arbitration decision rendered in accordance with paragraph (15) of this arrangement that such employee did not comply with this obligation. (8) In determining length of service of a displaced or dismissed employee for purposes of this arrangement, such employee shall be given full service credits in accordance with the records and labor agreements applicable to him/her and the employee shall be given additional service credits for each month in which the employee receives a dismissal or displacement allowance as if the employee were continuing to perform services in his/her former position. (9) No employee shall be entitled to either a displacement or dismissal allowance under paragraphs (6) or (7) hereof because of the abolishment of a position to which, at some future time, the employee could have bid, been transferred, or promoted. (10) No employee receiving a dismissal or displacement allowance shall be deprived, during the employee's protected period, of any rights , privileges, or benefits attaching to his/her employment, including, without limitation, group life insurance , hospitalization and medical care, free transportation for the employee and the employee's family, sick leave, continued status and participation under any disability or retirement program, and such other employee benefits as Railroad Retirement, Social Security, Workmen's Compensation, and unemployment compensation, as well as any other benefits to which the employee may be entitled under the same conditions and so long as such benefits continue to be accorded to other employees of the bargaining unit, in active service or furloughed as the case may be. (1 l)(a) Any employee covered by this arrangement who is retained in the service of his/her employer, or who is later restored to service after being entitled to receive a dismissal allowance, and who is required to change the point of his/her employment in order to retain or secure active employment with the Recipient in accordance with this arrangement, and who is required to move his/her place of residence, shall be reimbursed for all expenses of moving his/her household and other personal effects, for the traveling expenses for the employee and members of the employee's immediate family , including living expenses for the employee and the employee's immediate family, and for his/her own actual wage loss during the time necessary for such transfer and for a reasonable time thereafter, not to exceed five (5) working days . The exact extent of the responsibility of the Recipient under this paragraph, and the ways and means of transportation , shall be agreed upon in advance between the Recipient and the affected employee or the employee's representatives. (11 )(b) If any such employee is laid off within three (3) years after changing his/her point of employment in accordance with paragraph (a) hereof, and elects to move his/her place of residence back to the original point of employment, the Recipient shall assume the expenses, 7 N CDOT-PTD SFY 2021 040620 HCBOC Page 93 SFY 2021 Community Transportation Program (CTP) Grant Application -Special Section 5333 (b) Warranty losses and costs of moving to the same extent provided in subparagraph ( a) of this paragraph (11) and paragraph (12)(a) hereof. (1 l)(c) No claim for reimbursement shall be paid under the provisions of this paragraph unless such claim is presented to the Recipient in writing within ninety (90) days after the date on which the expenses were incurred. (I 1 )( d) Except as otherwise provided in subparagraph (b ), changes in place of residence, subsequent to the initial changes as a result of the Project, which are not a result of the Project but grow out of the normal exercise of seniority rights, shall not be considered within the purview of this paragraph. (12)(a) The following conditions shall apply to the extent they are applicable in each instance to any employee who is retained in the service of the employer ( or who is later restored to service after being entitled to receive a dismissal allowance), who is required to change the point of his/her employment as a result of the Project, and is thereby required to move his/her place of residence. If the employee owns his/her own home in the locality from which the employee is required to move, the employee shall, at the employee's option, be reimbursed by the Recipient for any loss suffered in the sale of the employee's home for less than its fair market value, plus conventional fees and closing costs, such loss to be paid within thirty (30) days of settlement or closing on the sale of the home. In each case, the fair market value of the home in question shall be determined , as of a date sufficiently prior to the date of the Project, so as to be unaffected thereby. The Recipient shall, in each instance, be afforded an opportunity to purchase the home at such fair market value before it is sold by the employee to any other person and to reimburse the seller for his/her conventional fees and closing costs. If the employee is under a contract to purchase his/her home, the Recipient shall protect the employee against loss under such contract, and in addition, shall relieve the employee from any further obligation thereunder. If the employee holds an unexpired lease of a dwelling occupied as the employee's home, the Recipient shall protect the employee from all loss and cost in securing the cancellation of said lease. (12)(b) No claim for loss shall be paid under the provisions of this paragraph unless such claim is presented to the Recipient in writing within one year after the effective date of the change in residence. (12)(c) Should a controversy arise in respect to the value of the home, the loss sustained in its sale, the loss under a contract for purchase, loss and cost in securing termination of a lease, or any other question in connection with these matters, it shall be decided through a joint conference between the employee, or his/her union , and the Recipient. In the event they are unable to agree, the dispute or controversy may be referred by the Recipient or the union to a board of competent real estate appraisers selected in the following manner: one (1) to be 8 NCDOT-PTD SFY 20 2 1 040620 HCBOC Page 94 SFY 2021 Community Transportation Program (CTP) Grant Application -Special Section 5333 (b) Warranty selected by the representatives of the employee, and one (I) by the Recipient, and these two , if unable to agree within thirty (30) days upon the valuation, shall endeavor by agreement with ten (I 0) days thereafter to select a third appraiser or to agree to a method by which a third appraiser shall be selected, and failing such agreement, either party may request the State and local Board of Real Estate Commissioners to designate within ten (10) days a third appraiser, whose designation will be binding upon the parties and whose jurisdiction shall be limited to determination of the issues raised in this paragraph only. A decision of a majority of the appraisers shall be required and said decision shall be final, binding, and conclusive. The compensation and expenses of the neutral appraiser including expenses of the appraisal board, shall be borne equally by the parties to the proceedings. All other expenses shall be paid by the party incurring them, including the compensation of the appraiser selected by such party. (12)(d) Except as otherwise provided in paragraph (l l)(b) hereof, changes in place of residence, subsequent to the initial changes as a result of the Project, which are not a result of the Project but grow out of the normal exercise of seniority rights , shall not be considered within the purview of this paragraph. (12)(e) "Change in residence" means transfer to a work location which is either (A) outside a radius of twenty (20) miles of the employee's former work location and farther from the employee 's residence than was his/her former work location, or (B) is more than thirty (30) normal highway route miles from the employee's residence and also farther from his/her residence than was the employee's former work location. (13)(a) A dismissed employee entitled to protection under this arrangement may, at the employee's option within twenty-one (21) days of his/her dismissal, resign and (in lieu of all other benefits and protections provided in this arrangement) accept a lump sum payment computed in accordance with section (9) of the Washington Job Protection Agreement of May 1936: Len h of Service 1 year and less than 2 years 2 years and less than 3 years 3 years and less than 5 years 5 years and less than IO years 10 years and less than 15 years 15 years and over Se aration Allowance 3 months' pay 6 months' pay 9 months' pay 12 months' pay 12 months' pay 12 months' pay In the case of an employee with less than one year's service, five days' pay, computed by multiplying by 5 the normal daily earnings (including regularly scheduled overtime, but excluding other overtime payments) received by the employee in the position last occupied, for each month in which the employee performed service, will be paid as the lump sum. Length of service shall be computed as provided in Section 7(b) of the Washington Job Protection Agreement, as follows: 9 NCDOT-PTD SFY 2021 040620 HCBOC Page 95 SFY 2021 Community Transportation Program (CTP) Grant Application -Special Section 5333 (b) Warranty For the purposes of this arrangement , the length of service of the employee shall be determined from the date the employee last acquired an employment status with the employing carrier and the employee shall be given credit for one month's service for each month in which the employee performed any service (in any capacity whatsoever) and twelve {12) such months shall be credited as one year's service. The employment status of an employee shall not be interrupted by furlough in instances where the employee has a right to and does return to service when called. In determining length of service of an employee acting as an officer or other official representative of an employee organization , the employee will be given credit for performing service while so engaged on leave of absence from the service of a carrier. {13)(b) One month's pay shall be computed by multiplying by 30 the normal daily earnings (including regularly scheduled overtime, but excluding other overtime payments) received by the employee in the position last occupied prior to time of the employee's dismissal as a result of the Project. (14) Whenever used herein, unless the context requires otherwise, the term "protective period" means that period of time during which a displaced or dismissed employee is to be provided protection hereunder and extends from the date on which an employee is displaced or dismissed to the expiration of six (6) years therefrom , provided , however, that the protective period for any particular employee during which the employee is entitled to receive the benefits of these provisions shall not continue for a longer period following the date the employee was displaced or dismissed than the employee's length of service, as shown by the records and labor agreements applicable to his/her employment prior to the date of the employee 's displacement or dismissal. (15)(a) In the event that employee(s) are represented by a Union, any dispute, claim, or grievance arising from or relating to the interpretation, application or enforcement of the provisions of this arrangement, not otherwise governed by paragraph 12( c ), the Labor- Management Relations Act, as amended, the Railway Labor Act, as amended, or by impasse resolution provisions in a collective bargaining or protective arrangement involving the Recipient and the Union, which cannot be settled by the parties thereto within thirty (30) days after the dispute or controversy arises, may be referred by any such party to any final and binding disputes settlement procedure acceptable to the parties. In the event they cannot agree upon such procedure, the dispute, claim, or grievance may be submitted at the written request of the Recipient or the Union to final and binding arbitration. Should the parties be unable to agree upon the selection of a neutral arbitrator within ten ( 10) days , any party may request the American Arbitration Association to furnish, from among arbitrators who are then available to serve, five (5) arbitrators from which a neutral arbitrator shall be selected. The parties shall, within five (5) days after the receipt of such list, determine by lot the order of elimination and thereafter each shall, in that order, alternately eliminate one name until only one name remains. The remaining person on the list shall be the neutral arbitrator. Unless otherwise provided, in the case of arbitration proceedings, under paragraph (5) of this arrangement, the arbitration shall commence within fifteen (15) days after selection or appointment of the neutral arbitrator, and the decision shall be rendered within forty-five (45) days after the hearing of the dispute has been concluded and the record closed. The decision shall be final 10 NCDOT-PTD SFY 2021 040620 HCBOC Page 96 SFY 2021 Community Transportation Program (CTP) Grant Application -Special Section 5333 (b) Warranty and binding. All the conditions of the arrangement shall continue to be effective during the arbitration proceedings. (I 5)(b) The compensation and expenses of the neutral arbitrator, and any other jointly incurred expenses, shall be borne equally by the Union(s) and Recipient , and all other expenses shall be paid by the party incurring them . (15)(c) In the event that employee(s) are not represented by a Union, any dispute, claim, or grievance arising from or relating to the interpretation, application or enforcement of the provisions of this arrangement which cannot be settled by the Recipient and the employee(s) within thirty (30) days after the dispute or controversy arises , may be referred by any such party to any final and binding dispute settlement procedure acceptable to the parties, or in the event the parties cannot agree upon such a procedure, the dispute or controversy may be referred to the Secretary of Labor for a final and binding determination . (I 5)( d) In the event of any dispute as to whether or not a particular employee was affected by the Project, it shall be the obligation of the employee or the representative of the employee to identify the Project and specify the pertinent facts of the Project relied upon. It shall then be the burden of the Recipient to prove that factors other than the Project affected the employee. The claiming employee shall prevail if it is established that the Project had an effect upon the employee even if other factors may also have affected the employee. (See Hodgson's Affidavit in Civil Action No . 825-71 ). (I 6) The Recipient will be financially responsible for the application of these conditions and will make the necessary arrangements so that any employee covered by this arrangement may file a written claim of its violation, through the Union , or directly if the employee is outside the bargaining unit, with the Recipient within sixty (60) days of the date the employee is terminated or laid off as a result of the Project, or within eighteen (18) months of the date the employee's position with respect to his/her employment is otherwise worsened as a result of the Project. In the latter case, if the events giving rise to the claim have occurred over an extended period , the 18-month limitation shall be measured from the last such event. No benefits shall be payable for any period prior to six (6) months from the date of the filing of any claim. Unless such claims are filed with the Recipient within said time limitations, the Recipient shall thereafter be relieved of all liabilities and obligations related to the claim. The Recipient will fully honor the claim , making appropriate payments, or will give notice to the claimant or his/her representative of the basis for denying or modifying such claim, giving reasons therefore. If the Recipient fails to honor such claim, the Union or non-bargaining unit employee may invoke the following procedures for further joint investigation of the claim by giving notice in writing. Within ten (10) days from the receipt of such notice, the parties shall exchange such factual material as may be requested of them relevant to the disposition of the claim and shall jointly take such steps as may be necessary or desirable to obtain from any third party such additional factual materials as may be relevant. In the event the Recipient rejects the claim, the claim may be processed to arbitration as hereinabove provided by paragraph (15). 11 N CDOT-PTD SFY 202 1 040620 HCBOC Page 97 SFY 2021 Community Transportation Program (CTP) Grant Application -Special Section 5333 (b) Warranty (17) Nothing in this arrangement shall be construed as depriving any employee of any rights or benefits which such employee may have under existing employment or collective bargaining agreements or otherwise; provided that there shall be no duplication of benefits to any employee, and , provided further , that any benefit under this arrangement shall be construed to include the conditions , responsibilities, and obligations accompanying such benefit. This arrangement shall not be deemed a waiver of any rights of any Union or of any represented employee derived from any other agreement or provision of federal , state or local law. (18) During the employee's protective period , a dismissed employee shall, if the employee so requests, in writing, be granted priority of employment or reemployment to fill any vacant position within the jurisdiction and control of the Recipient reasonably comparable to that which the employee held when dismissed, including those in the employment of any entity bound by this arrangement pursuant to paragraph (21) herein, for which the employee is, or by training or retraining can become, qualified; not, however, in contravention of collective bargaining agreements related thereto. In the event such employee requests such training or re-training to fill such vacant position, the Recipient shall provide for such training or re- training at no cost to the employee. The employee shall be paid the salary or hourly rate provided for in the applicable collective bargaining agreement or otherwise established in personnel policies or practices for such position, plus any displacement allowance to which the employee may be otherwise entitled. If such dismissed employee who has made such request fails , without good cause, within ten (10) days to accept an offer of a position comparable to that which the employee held when dismissed for which the employee is qualified, or for which the employee has satisfactorily completed such training, the employee shall, effective at the expiration of such ten-day period, forfeit all rights and benefits under this arrangement. As between employees who request employment pursuant to this paragraph, the following order where applicable shall prevail in hiring such employees: (a) Employees in the craft or class of the vacancy shall be given priority over employees without seniority in such craft or class; (b) As between employees having seniority in the craft or class of the vacancy, the senior employees, based upon their service in that craft or class, as shown on the appropriate seniority roster, shall prevail over junior employees; ( c) As between employees not having seniority in the craft or class of the vacancy, the senior employees, based upon their service in the crafts or classes in which they do have seniority as shown on the appropriate seniority rosters , shall prevail over junior employees. (19) The Recipient will post, in a prominent and accessible place, a notice stating that the Recipient has received federal assistance under the Federal Transit statute and has agreed to comply with the provisions of 49 U.S.C., Section 5333(b). This notice shall also specify the terms and conditions set forth herein for the protection of employees . The Recipient shall maintain and keep on file all relevant books and records in sufficient detail as to provide the 12 NCDOT-PTD SFY 2021 040620 HCBOC Page 98 SFY 2021 Community Transportation Program (CTP) Grant Application -Special Section 5333 (b) Warranty basic information necessary to the proper application , administration, and enforcement of this arrangement and to the proper determination of any claims arising thereunder. (20) In the event the Project is approved for assistance under the statute, the foregoing terms and conditions shall be made part of the contract of assistance between the federal government and the applicant for federal funds and between the applicant and any recipient of federal funds ; provided, however, that this arrangement shall not merge into the contract of assistance, but shall be independently binding and enforceable by and upon the parties thereto , and by any covered employee or his/her representative, in accordance with its terms, nor shall any other employee protective agreement merge into this arrangement, but each shall be independently binding and enforceable by and upon the parties thereto, in accordance with its terms. (21) This arrangement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered, or changed in any respect whatsoever by reason of the arrangements made by or for the Recipient to manage and operate the system. Any person, enterprise, body, or agency, whether publicly -or privately-owned, which shall undertake the management, provision and /or operation of the Project services or the Recipient's transit system, or any part or portion thereof, under contractual arrangements of any form with the Recipient, its successors or assigns, shall agree to be bound by the terms of this arrangement and accept the responsibility with the Recipient for full performance of these conditions. As a condition precedent to any such contractual arrangements, the Recipient shall require such person, enterprise, body or agency to so agree. (22) In the event of the acquisition, assisted with Federal funds, of any transportation system or services, or any part or portion thereof, the employees of the acquired entity shall be assured employment, in comparable positions, within the jurisdiction and control of the acquiring entity, including positions in the employment of any entity bound by this arrangement pursuant to paragraph (21 ). All persons employed under the provisions of this paragraph shall be appointed to such comparable positions without examination, other than that required by applicable federal, state or federal law or collective bargaining agreement, and shall be credited with their years of service for purposes of seniority, vacations, and pensions in accordance with the records of their former employer and/or any applicable collective bargaining agreements. (23) The employees covered by this arrangement shall continue to receive any applicable coverage under Social Security, Railroad Retirement , Workmen's Compensation, unemployment compensation, and the like. In no event shall these benefits be worsened as a result of the Project. (24) In the event any prov1s1on of this arrangement is held to be invalid, or otherwise unenforceable under the federal , state, or local law, in the context of a particular Project, the remaining provisions of this arrangement shall not be affected and the invalid or unenforceable provision shall be renegotiated by the Recipient and the interested Union 13 NCDOT-PTD SFY 2021 040620 HCBOC Page 99 SFY 2021 Community Transportation Program (CTP) Grant Application -Special Section 5333 (b) Warranty representatives, if any, of the employees involved for purpose of adequate replacement under Section 5333(b ). If such negotiation shall not r esult in mutually satisfactory agreement an y party may invoke the jurisdiction of the Secretary of Labor to d etermine substitute fair and equitable employee protective arrangements for appl ication only to the particular Project, which shall be incorporated in this arrangement o nly as applied to that Project, and any other appropriate action, remedy, or relief. (25) If any employer of the employees cov ered by this arrangement shall have rearranged or adjusted its forces in anticipation of the Project, with the effect of depriving an employee of benefits to which the employee should be entitled under this arrangement, the provisions of this arrangement shall apply to such employee as of the date when the employee was so affected . C . Acceptance of Special Section 5333(b) Warranty I, (Name and Title) Howard L. Penny, Chairman Harnett County Board of Commissioners (Name and Title) do hereby certify that The County of Harnett (Legal Name of Applicant/Rec ipient) has agreed to the terms and conditions of this Warranty; will accept this agreement as part of the contract of assistance with the North Carolina Department of Transportation; and will post, in a prominent and accessible place, the terms and conditions of the Warranty with a notice stating that the Recipient has received federal assistance under the Federal Transit statute and has agreed to comply with these terms. Signature of Authori zed Official 14 • • • o I • I Date • I Io • I I ..... NCDOT-PTD SFY 202 1 II 040620 HCBOC Page 100 Certifications and Assurances Fiscal Year2020 Not every provision of every certification will apply to every applicant or award. If a provision of a certification does not apply to the applicant or its award, FTA will not enforce that provision. Refer to FTA 's accompanying Instructions document for more information. Text in italics is guidance to the public. It does not have the force and effect of law, and is not meant to bind the public in any way. It is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. CATEGORY 1. CERTIFICATIONS AND ASSURANCES REQUIRED OF EVERY APPLICANT. All applicants must make the certifications in this category. 1.1. Standard Assurances. The certifications in this subcategory appear as part of the applicant's registration or annual registration renewal in the System for Award Management (SAMgov) and on the Office of Management and Budget's standardform 424B "Assurances-Non-Construction Programs". This certification has been modified in places to include analogous certifications required by U.S. DOT statutes or regulations. As the duly authorized representative of the applicant, you certify that the applicant : (a) Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. (b) Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directive s. (c) Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of intere st, or personal gain. (d) Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. ( e) Will comply with the Intergovernmental Personnel Act of 1970 ( 42 U .S.C. §§ 4 728- 4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statut es or regulations spec ified in Appendix A of OPM 's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 040620 HCBOC Page 101 Certifications and Assurances Fiscal Year 2020 (f) Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (1) Title VI of the Civil Rights Act of 1964 (P .L. 88-352) which prohibits discrimination on the basis of race, color or national origin, as effectuated by U.S. DOT regulation 49 C .F .R . Part 21 ; (2 ) Title IX of the Education Amendments of 1972, as amended (20 U.S .C. §§ 1681 - 1683 , and 1685-1686), which prohibits discrimination on the basis of sex, as effectuated by U .S. DOT regulation 49 C.F .R. Part 25; (3) Section 5332 of the Federal Transit Law (49 U.S.C. § 5332), which prohibits any person being excluded from participating in , denied a benefit of, or discriminated against under, a project, program, or activity receiving financial assistance from FTA because ofrace, color, religion , national origin, sex , disability , or age. (4) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C . § 794), which prohibits discrimination on the basis of handicaps, as effectuated by U.S . DOT regulation 49 C.F.R. Part 27; (5) The Age Discrimination Act of 1975 , as amended (42 U.S .C. §§ 6101-6107), which prohibits discrimination on the basis of age; (6) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (7) The comprehensive Alcohol Abu se and Alcoholism Prevention, T reatment and Rehabilitation Act of 1970 (P .L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (8) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S .C. §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (9) Title VIII of the Civil Rights Act of 1968 (42 U .S.C. §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental , or financing of housing; (] 0) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (11) the requirements of any other nondiscrimination statute(s) which may apply to the application. (g) Will comply, or has already complied, with the requirements of Titles II and lII of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ("Uniform Act ") (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-a ssisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. The requirements of the Uniform Act are effectuated by U.S. DOT regulation 49 C.F.R. Part 24. 2 040620 HCBOC Page 102 Certifications and Assurances Fiscal Year 2020 (h) Will comply, as applicable, with provisions of the Hatch Act (5 U.S .C. §§ 1501 -1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. (i) Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally assisted construction subagreements. (i) Will comply, if applicable, with flood insurance purchase requirements of Section I 02(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $ I 0 ,000 or more. (k) Will comply with environmental standards which may be prescribed pursuant to the following: ( 1) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P .L. 91-190) and Executive Order (EO) 11514; (2) Notification of violating facilities pursuant to EO 11738; (3) Protection of wetlands pursuant to EO 11990; (4) Evaluation of flood hazards in floodplains in accordance with EO 11988; (5) Assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U .S .C. §§ 1451 et seq.); (6) Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955 , as amended (42 U.S.C. §§ 7401 et seq.); (7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P .L. 93-523); and (8) Protection of endangered species under the Endangered Species Act of 1973 , as amended (P.L. 93-205). (I) Will comp ly with the Wild and Scenic Rivers Act of 1968 (16 U .S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. (m) Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§ 469a-1 et seq .). (n) Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. (o) Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544 , as amended, 7 U .S.C. §§ 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded 3 040620 HCBOC Page 103 Certifications and Assurances Fiscal Year 2020 animals held for research , teaching , or other activities supported by this award of assistance. (p) Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. (q) Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 C.F.R. Part 200, Subpart F , "Audit Requirements", as adopted and implemented by U.S. DOT at 2 C.F.R. Part 1201. (r) Will comply with all applicable requirements of all other Federal laws, executive orders, regulations , and policies governing the program under which it is applying for assistance. (s) Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a sub-recipient from: ( l) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect; (2) Procuring a commercial sex act during the period of time that the award is in effect; or (3) Using forced labor in the performance of the award or subawards under the award. 1.2. Standard Assurances: Additional Assurances for Construction Projects. This certification appears on the Office of Management and Budget's standard form 424D "Assurances-Construction Programs" and applies specifically to federally assisted projects for construction. This certification has been modified in places to include analogous certifications required by US. DOT statutes or regulations. As the duly authorized representative of the applicant, you certify that the applicant: (a) Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency; will record the Federal awarding agency directives; and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. (b) Will comply with the requirements of the assistance awarding agency with regard to the drafting, review, and approval of construction plans and specifications. (c) Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work confirms with the approved plans and specifications, and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 4 040620 HCBOC Page 104 Certifications and As surances Fiscal Year 2020 1.3. Procurement. The Uniform Administrative Requirements, 2 C.F.R. 200.324, allow a recipient to self-certify that its procurement system complies with Federal requirements, in lieu of submitting to certain pre-procurement reviews. The applicant certifies that its procurement system complies with: (a) U.S. DOT regulations, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards ," 2 C.F .R. Part 120 I , which incorporates by reference U.S. 0MB regulatory guidance, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards," 2 C.F.R. Part 200, particularly 2 C.F .R. §§ 200.317-200.326 "Procurement Standards; (b) Federal laws , regulations , and requirements applicable to FTA procurements; and (c) The latest edition of FTA Circular 4220.1 and other applicable Federal guidance. 1.4. Suspension and Debarment. Pursuant to Executive Order 12549, as implemented at 2 C.F.R. Parts 180 and 1200, prior to entering into a covered transaction with an applicant, FTA must determine whether the applicant is excluded.from participating in covered non-procurement transactions. For this purpose, FTA is authorized to collect a certification.from each applicant regarding the applicant 's exclusion status. 2 C.F.R. § 180.300. Additionally, each applicant must disclose any information required by 2 C.F.R. § 180.335 about the applicant and the applicant 's principals prior to entering into an award agreement with FTA. This certification serves both purposes. The applicant certifies, to the best of its knowledge and belief, that the applicant and each of its principals: (a) ls not presently debarred, suspended, proposed for debarment, declared ineligible , or voluntarily or involuntarily excluded from covered transactions by any Federal department or agency; (b) Has not, within the preceding three years , been convicted of or had a civil judgment rendered against him or her for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; commission of embezzlement, theft, forge ry , bribery, falsification or destruction of records, making false statements, tax evasion, receiving sto len property, making false c laims, or obstruction of justice; or commission of any other offense indicating a lack of business integrity or business honesty ; 5 040620 HCBOC Page 105 Certifications and Assurances Fiscal Year 2020 (c) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any offense described in paragraph (b) of this certification; (d) Has not, within the preceding three years, had one or more public transactions (Federal, State, or local) terminated for cause or default. 1.5. Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. The applicant certifies that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13 , 2018), beginning on and after August 13, 2020, it will not use assistance awarded by FT A to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain "covered telecommunications equipment or services" (as that term is defined in Section 889 of the Act) if such equipment or services will be used as a substantial or essential component of any system or as critical technology as part of any system. CATEGORY 2. PUBLIC TRANSPORTATION AGENCY SAFETY PLANS Beginning on July 20, 2020, this certification is required of each applicant under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), each rail operator that is subject to FTA 's state safety oversight programs, and each State that is required to draft and certify a public transportation agency safety plan on behalf of a small public transportation provider pursuant to 49 C.F.R. § 673.1 l(d). This certification is required by 49 C.F.R. § 673.13 . This certification does not apply to any applicant that receives financial assistance from FTA exclusively under the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310), the Formula Grants for Rural Areas Program (49 U.S.C. § 5311), or combination of these two programs. An applicant may make this certification only after fulfilling its safety planning requirements under 49 C.F.R. Part 673. If an applicant is making its fiscal year 2020 certifications prior to completing its requirements under 49 C.F.R. Part 673, it will make all other applicable certifications except this certification; the applicant may add this certification after it has fulfilled its requirements under 49 C.F.R. Part 6 73. FTA 's regional offices and headquarters Office of Transit Safety and Oversight will provide support for incorporating this certification in 2020. On and after July 20, 2020, FTA will not process an application from an applicant required to make this certification unless the applicant has made this certification. 6 040620 HCBOC Page 106 Certifications and Assurances Fiscal Year 2020 If the applicant is an operator, the applicant certifies that it has established a public transportation agency safety plan meeting the requirements of 49 C .F.R. Part 673. If the applicant is a State, the applicant certifies that: (a) It has drafted a public transportation agency safety plan for each small public transportation provider within the State, unless the small public transportation provider provided notification to the State that it was opting-out of the State-drafted plan and drafting its own public transportation agency safety plan; and (b) Each small public transportation provider within the state has a public transportation agency safety plan that has been approved by the provider's Accountable Executive (as that term is defined at 49 C.F.R. § 673.5) and Board of Directors or Equivalent Authority (as that term is defined at 49 C.F.R. § 673.5). CATEGORY 3. TAX LIABILITY AND FELONY CONVICTIONS. If the applicant is a business association (regardless of for-profit, not for-profit, or tax exempt status), it must make this certification. Federal appropriations acts since at least 2014 have prohibited FTA.from usingfunds to enter into an agreement with any corporation that has unpaid Federal tax liabibties or recent felony convictions without first considering the corporation for debarment. E.g., Consolidated Appropriations Act, 2020, Pub . L. 116-93, div. C, title VII,§§ 744-745. U.S. DOT Order 4200.6 defines a "corporation" as "any private corporation, partnership, trust, joint-stoc k company, sole proprietorship, or other business association ", and applies the restriction to all tiers of subawards. As prescribed by US. DOT Order 4200.6, FTA requires each business association applicant to certify as to its tax and felony status. If the applicant is a private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association, the applicant certifies that: (a) It has no unpaid Federal tax liability that has been assessed , for which all judicial and administrative remedies have been exhausted or have lapsed , and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for co llecting the tax liability; and (b) It has not been convicted of a felony criminal violation under any Federal law within the preceding 24 months. CATEGORY 4. LOBBYING. If the applicant will apply for a grant or cooperative agreement exceeding $100,000, or a loan, line of credit, loan guarantee, or loan insurance exceeding $150,000, it must make the following 7 040620 HCBOC Page 107 Certifications and Assurances Fiscal Year 2020 certification and, if applicable, make a disclosure regarding the applicant 's lobbying activities. This certification is required by 49 C. F. R. § 20.1 JO and app. A to that part. This certification does not apply to an applicant that is an Indian Tribe, Indian organization, or an Indian tribal organization exempt.from the requirements of 49 C.F.R. Part 20. 4.1. Certification for Contracts, Grants, Loans, and Cooperative Agreements. The undersigned certifies, to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence 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 Joan, the entering into of any cooperative agreement, and the extension, continuation, renewal , amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 4.2. Statement for Loan Guarantees and Loan Insurance. The undersigned states, to the best of his or her knowledge and belief, that: If any 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 commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and 8 040620 HCBOC Page 108 Certifications and Assurances Fiscal Year 2020 submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement 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 statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CATEGORY 5. PRIVATE SECTOR PROTECTIONS. If the applicant will apply for funds that it will use to acquire or operate public transportation facilities or equipment, the applicant must make the following certification regarding protections for the private sector. 5.1. Charter Service Agreement. To enforce the provisions of 49 USC.§ 5323(d), FTA 's charter service regulation requires each applicant seeking assistance from FT A for the purpose of acquiring or operating any public transportation equipment or facilities to make the following Charter Service Agreement. 49 C.F.R. § 604.4. The applicant agrees that it, and each of its subrecipients, and third party contractors at any level who use FTA-funded vehicles, may provide charter service using equipment or facilities acquired with Federal assistance authorized under the Federal Transit Laws only in compliance with the regulations set out in 49 C.F.R. Part 604, the terms and conditions of which are incorporated herein by reference. 5.2. School Bus Agreement. To enforce the provisions of 49 USC. § 5323(/), FTA 's school bus regulation requires each applicant seeking assistance from FTA for the purpose of acquiring or operating any public transportation equipment or facilities to make the following agreement regarding the provision of school bus services. 49 C.F.R. § 605.15. (a) If the applicant is not authorized by the FTA Administrator under 49 C.F.R. § 605.1 l to engage in school bus operations, the applicant agrees and certifies as follows: (I) The applicant and any operator of project equipment agrees that it will not engage in school bus operations in competition with private school bus operators. (2) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Mass Transit Regulations , or section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)). 9 040620 HCBOC Page 109 Certifications and Assurances Fiscal Year 2020 (b) If the applicant is authorized or obtains authorization from the FTA Administrator to engage in school bus operations under 49 C.F.R. § 605.11 , the applicant agrees as follows: (I) The applicant agrees that neither it nor any operator of project equipment will engage in school bus operations in competition with private school bus operators except as provided herein. (2) The applicant, or any operator of project equipment, agrees to promptly notify the FT A Administrator of any changes in its operations which might jeopardize the continuation of an exemption under§ 605.11. (3) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Transit Administration regulations or section 164(b) of the Federal-Aid Highway Actofl973(49U.S.C.1602a(b)). (4) The applicant agrees that the project facilities and equipment shall be used for the provision of mass transportation services within its urban area and that any other use of project facilities and equipment will be incidental to and shall not interfere with the use of such facilities and equipment in mass transportation service to the public . CATEGORY 6. TRANSIT ASSET MANAGEMENT PLAN. If the applicant owns, operates, or manages capital assets used to provide public transportation, the following certification is required by 49 U.S. C. § 5326(a). The applicant certifies that it is in compliance with 49 C.F.R. Part 625 . CATEGORY 7. ROLLING STOCK BUY AMERICA REVIEWS AND BUS TESTING. 7 .1. Rolling Stock Buy America Reviews. If the applicant will apply for an award to acquire rolling stock for use in revenue service, it must make this certification. This cert(fication is required by 49 C.F.R. § 663 . 7. The applicant certifies that it will conduct or cause to be conducted the pre-award and post- delivery audits prescribed by 49 C.F.R. Part 663 and will maintain on file the certifications required by Subparts B , C , and D of 49 C.F.R. Part 663. 7.2. Bus Testing. Jfthe applicant will apply for funds for the purchase or lease of any new bus model, or any bus model with a major change in configuration or components, the applicant must make this certification. This certification is required by 49 C.F.R. § 665. 7. 10 040620 HCBOC Page 110 Certifications and Assurances Fiscal Year 2020 The applicant certifies that the bus was tested at the Bus Testing Facility and that the bus received a passing test score as required by 49 C.F.R. Part 665. The applicant has received or will receive the appropriate full Bus Testing Report and any applicable partial testing reports before final acceptance of the first vehicle. CATEGORY 8. URBANIZED AREA FORMULA GRANTS PROGRAM. If the applicant will apply for an award under the Urbanized Area Formula Grants Program (49 U.S.C. § 530 7), or any other program or award that is subject to the requirements of 49 U.S.C. § 530 7, including the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310); ''flex funds "from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)); projects that will receive an award authorized by the Transportation Infrastructure Finance and Innovation Act ("TIFIA ") (23 U.S.C. §§ 601 -609) or State Infrastructure Bank Program (23 U.S.C. § 610) (see 49 U.S.C. § 5323(o));formula awards or competitive awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(a) and (b)); or low or no emission awards to any area under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(c)), the applicant must make the following certification. This certification is required by 49 US. C. § 5307(c)(l). The applicant certifies that it: (a) Has or will have the legal, financial, and technical capacity to carry out the program of projects (developed pursuant 49 U.S.C. § 5307(b)), including safety and security aspects of the program; (b) Has or will have satisfactory continuing control over the use of equipment and facilities; (c) Will maintain equipment and facilities in accordance with the applicant's transit asset management plan; (d) Will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a project financed under this section, a fare that is not more than 50 percent of the peak hour fare will be charged for any- (1) Senior; (2) Individual who, because of illness, injury, age, congenital malfunction, or any other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or ha s semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities , planning, or design ; and (3) Individual presenting a Medicare card issued to that individual under title II or XVIII of the Social Security Act (42 U.S .C. §§ 401 et seq ., and 1395 et seq.); (e) In carrying out a procurement under49 U.S.C. § 5307, will comply with 49 U.S .C. §§ 5323 (general provisions) and 5325 (contract requirements); 11 040620 HCBOC Page 111 Certifications and Assurances Fiscal Year 2020 (f) Has complied with 49 U.S.C. § 5307(b) (program of projects requirements); (g) Has available and will provide the required amounts as provided by 49 U.S.C. § 5307(d) (cost sharing); (h) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning); (i) Has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation ; G) Either- (1) Will expend for each fiscal year for public transportation security projects, including increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system , providing an emergency telephone line to contact Jaw enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation system, at least I percent of the amount the recipient receives for each fiscal year under 49 U.S.C . § 5336; or (2) Has decided that the expenditure for security projects is not necessary; (k) In the case of an applicant for an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census , will submit an annual report listing projects carried out in the preceding fiscal year under 49 U.S.C. § 5307 for associated transit improvements as defined in 49 U.S.C. § 5302; and (I) Will comply with 49 U.S.C. § 5329(d) (public transportation agency safety plan). CATEGORY 9. FORMULA GRANTS FOR RURAL AREAS. Jfthe applicant will apply for funds made available to it under the Formula Grants for Rural Areas Program (49 V.S.C. § 5311), it must make this certification. Paragraph (a) of this certification helps FTA make the determinations required by 49 V.S.C. § 53JO(b)(2)(C). Paragraph (b) of this certification is required by 49 USC.§ 5311(/)(2). Paragraph (c) of this certification, which applies to funds apportioned for the Appalachian Development Public Transportation Assistance Program, is necessary to enforce the conditions of 49 V.S.C. § 5311(c)(2)(D). (a) The applicant certifies that its State program for public transportation service projects, including agreements with private providers for public transportation service- ( I) Provides a fair distribution of amounts in the State, including Indian reservations; and (2) Provides the maximum feasible coordination of public transportation service assisted under 49 U .S.C. § 5311 with transportation service assisted by other Federal sources; and 12 040620 HCBOC Page 112 Certifications and Assurances Fiscal Year 2020 (b) If the applicant wi 11 in any fiscal year expend less than I 5% of the total amount made available to it under 49 U.S.C. § 53 I I to carry out a program to develop and support intercity bus transportation, the applicant certifies that it has consulted with affected intercity bus service providers, and the intercity bus service needs of the State are being met adequately. (c) If the applicant will use for a highway project amounts that cannot be used for operating expenses authorized under 49 U.S.C. § 53 I I (c)(2) (Appalachian Development Public Transportation Assistance Program), the applicant certifies that- ( I) It has approved the use in writing only after providing appropriate notice and an opportunity for comment and appeal to affected public transportation providers; and (2) It has determined that otherwise eligible local transit needs are being addressed. CATEGORY 10. FIXED GUIDEW A Y CAPITAL INVESTMENT GRANTS AND THE EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT GRANTS PILOT PROGRAM. lfthe applicant will apply for an award under any subsection of the Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), including an award made pursuant to the FAST Act's Expedited Project Delivery for Capital Investment Grants Pilot Program (Pub. L. 114-94, div. A, title 111, § 3005(b)), the applicant must make the following certification. This certification is required by 49 V.S.C. § 5309(c)(2) and Pub. L. 114-94, div. A , title III,§ 3005(b)(3)(B). The applicant certifies that it: (a) Has or will have the legal , financial, and technical capacity to carry out its Award, including the safety and security aspects of that Award , (b) Has or will have satisfactory continuing control over the use of equipment and facilities acquired or improved under its Award. (c) Will maintain equipment and facilities acquired or improved under its Award in accordance with its transit asset management plan; and (d) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning). CATEGORY 11. GRANTS FOR BUSES AND BUS FACILITIES AND LOW OR NO EMISSION VEHICLE DEPLOYMENT GRANT PROGRAMS. lfthe applicant is in an urbanized area and will apply for an award under subsection (a) (formula grants) or subsection (b) (competitive grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 7 for Urbanized Area Formula Grants (49 V.S.C. § 5307). This certification is required by 49 USC. § 5339(a)(3) and (b)(6), respectively. 13 040620 HCBOC Page 113 Certifications and Assurances Fiscal Year 2020 If the applicant is in a rural area and will apply for an award under subsection (a) (formula grants) or subsection (b) (competitive grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 8 for Formula Grants for Rural Areas (49 U.S.C. § 5311). This certification is required by 49 U.S.C. § 5339(a)(3) and (b)(6), respectively. 1f the applicant, regardless of whether ii is in an urbanized or rural area, will apply for an award under subsection (c) (low or no emission vehicle grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 7 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5339(c)(3). Making this certification will incorporate by reference the applicable certifications in Category 7 or Category 8. CATEGORY 12. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES PROGRAMS. 1f the applicant will apply for an award under the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program (49 U.S.C. § 5310), it must make the certification in Category 7 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 53IO(e)(J). Making this certification will incorporate by reference the certification in Category 7, except that FTA has determ ined that (d), (!), (i), (J), and (k) of Category 7 do not apply to awards made under 49 U.S.C. § 5310 and will not be enforced. In addition to the certification in Category 7, the applicant must make the following certification that is specific to the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program. This certification is required by 49 U.S.C. § 5310(e)(2). The applicant certifies that: (a) The projects selected by the applicant are included in a locally developed, coordinated public transit-human services transportation plan; (b) The plan described in clause (a) was developed and approved through a process that included participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers, and other members of the public; (c) To the maximum extent feasible, the services funded under 49 U.S.C. § 5310 will be coordinated with transportation services assisted by other Federal departments and agencies, including any transportation activities carried out by a recipient of a grant from the Department of Health and Human Services; and 14 040620 HCBOC Page 114 Certifications and Assurances Fiscal Year 2020 (d) If the applicant will allocate funds received under 49 U .S.C. § 5310 to subrecipients, it will do so on a fair and equitable basis. CATEGORY 13. STATE OF GOOD REPAIR GRANTS. If the applicant will apply for an award under FTA 's State of Good Repair Grants Program (49 USC. § 5337), it must make the following certification. Because FTA generally does not review the transit asset management plans of public transportation providers, this certification is necessary to enforce the provisions of 49 USC. § 5337(a)(4). The applicant certifies that the projects it will carry out using assistance authorized by the State of Good Repair Grants Program, 49 U.S.C. § 5337, are aligned with the applicant's most recent transit asset management plan and are identified in the investment and prioritization section of such plan, consistent with the requirements of 49 C.F.R. Part 625. CATEGORY 14. INFRASTRUCTURE FINANCE PROGRAMS. If the applicant will apply for an award/or a project that will include assistance under the Transportation Infrastructure Finance and Innovation Act ("TIFIA ") Program (23 U.S. C. §§ 601 -609) or the State Infrastructure Banks ("SIB") Program (23 USC.§ 610), it must make the certifications in Category 7 for the Urbanized Area Formula Grants Program , Category 9 for the Fixed Guideway Capital Investment Grants program, and Category 12 for the State of Good Repair Grants program. These certifications are required by 49 USC. § 5323(0). Making this certification will incorporate the certifications in Categories 7, 9, and 12 by reference . CATEGORY 15. ALCOHOL AND CONTROLLED SUBSTANCES TESTING. I/the applicant will apply for an award under FTA 's Urbanized Area Formula Grants Program (49 USC.§ 5307), Fixed Guideway Capital Investment Program (49 USC.§ 5309), Formula Grants/or Rural Areas Program (49 USC.§ 5311), or Grants/or Buses and Bus Facilities Program (49 U.S.C. § 5339) programs, the applicant must make the following certification. The applicant must make this certification on its own behalf and on behalf of its subrecipients and contractors. This certification is required by 49 C.F.R. § 655 .83. The applicant certifies that it, its subrecipients, and its contractors are compliant with FT A 's regulation for the Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations, 49 C.F.R. Part 655. 15 040620 HCBOC Page 115 Certifications and As surances Fiscal Year 2020 CATEGORY 16 . RAIL SAFETY TRAINING AND OVERSIGHT. If the applicant is a State with at least one rail.fixed guideway system, or is a State Safety Oversight Agency, or operates a rail fixed guideway system, it must make the following certification. Th e elements of this certification are required by 49 C.F.R. §§ 659.43, 672.31, and 6 74.39. The applicant certifies that the rail fixed guideway public transportation system and the State Safety Oversight Agency for the State are: (a) Compliant with the requirements of 49 C.F.R. part 659 , "Rail Fixed Guideway Systems; State Safety Oversight"; (b) Compliant with the requirements of 49 C.F.R. part 672 , "Public Transportation Safety Certification Training Program "; and (c) Compliant with the requirements of 49 C.F.R. part 674, "Sate Safety Oversight". CATEGORY 17. DEMAND RESPONSIVE SERVICE. If the applicant operates demand responsive service and will apply for an award to purchase a non-rail vehicle that is not accessible within the meaning of 49 C.F.R. Part 3 7, it must make the following certification. This certification is required by 49 C.F.R. § 3 7. 77. The applicant certifies that the service it provides to individuals with disabilities is equivalent to that provided to other persons. A demand responsive system , when viewed in its entirety, is deemed to provide equivalent service if the service available to individua ls with disabilities, including individuals who use wheelchairs, is provided in the most integrated setting appropriate to the needs of the individual and is equivalent to the service provided other individuals with respect to the following service characteristics: (a) Response time; (b) Fares; (c) Geographic area of service; ( d) Hours and days of service; (e) Restrictions or priorities based on trip purpose ; (t) Availability of information and reservation capability; and (g) Any constraints on capacity or service availability. CATEGORY 18. INTEREST AND FINANCING COSTS. If the applicant will pay for interest or other financing costs of a project using assistance awarded under the Urbanized Area Formula Grants Program (49 V.S.C. § 5307), the Fixed Guideway Capital Investment Grants Program (49 V.S.C. § 5309), or any program that must comply with the requirements of 49 U.S. C. § 5307, including the Formula Grants for the 16 040620 HCBOC Page 116 Certifications and Assurances Fiscal Year 2020 Enhanced Mobility of Seniors Program (49 U.S. C. § 5310), "flex funds" from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)), or awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the following certification. This certification is required by 49 U.S.C. §§ 5307(e)(3) and 5309(k)(2)(D). The applicant certifies that: (a) Its application includes the cost of interest earned and payable on bonds issued by the applicant only to the extent proceeds of the bonds were or will be expended in carrying out the project identified in its application; and (b) The applicant has shown or will show reasonable diligence in seeking the most favorable financing terms availabie to the project at the time of borrowing. CATEGORY 19. CONSTRUCTION HIRING PREFERENCES. If the applicant will ask FTA to approve the use of geographic, economic, or any other hiring preference not otherwise authorized by law on any contract or construction project to be assisted with an award.from FTA , it must make the following certification. This certification is required by the Further Consolidated Appropriations Act, 2020, Pub. L. 116-94, div. H , title 1, § 191. The applicant certifies the following: (a) That except with respect to apprentices or trainees, a pool of readily available but unemployed individuals possessing the knowledge, skill, and ability to perform the work that the contract requires resides in the jurisdiction; (b) That the grant recipient will include appropriate provisions in its bid document ensuring that the contractor does not displace any of its existing employees in order to satisfy such hiring preference; and (c) That any increase in the cost of labor, training, or delays resulting from the use of such hiring preference does not delay or displace any transportation project in the applicable Statewide Transportation Improvement Program or Transportation Improvement Program. CATEGORY 20. CYBERSECURITY CERTIFICATION FOR RAIL ROLLING STOCK AND OPERA TIO NS. ljthe applicant operates a rail fixed guideway public transportation system, it must make this certification. This certification is required by 49 U.S.C. § 5323(v), a new subsection added by the National Defense Authorization Act for Fiscal Year 2020, Pub. L. 116-92, § 7613 (Dec. 20, 2019). For information about standards or practices that may apply to a rail fixed guideway 17 040620 HCBOC Page 117 Certifications and Assurances public transportation system, visit https://www.nist.gov/cyberframework and https://www.cisa.gov/. Fiscal Year 2020 The applicant certifies that it has established a process to develop , maintain , and execute a written plan for identifying and reducing cybersecurity risks that complies with the requirements of 49 U.S.C. § 5323(v)(2). 18 040620 HCBOC Page 118 AGENDA ITEM ' April 6, 2020 APPOINTMENTS NEEDED ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE There are (5) vacancies on this committee. HARNETT COUNTY BOARD OF ADJUSTMENT There are vacancies for alternate members representing District 3, 4 and 5 on this Board. HARNETT COUNTY COMMISSION FOR WOMEN AND YOUT Jodi Hodges would like to be re-aQpointed to serve on th is committee. HARNETT REGIONAL JETPORT COMMITTEE There is a vacancy for District 4. HISTORIC PROPERTIES COMMISSION Nichole Hamer would like to serve as an alternate on this board. (Application attached) There is (1) vacancy for District 3 and ( 1) vacancy for an alternate on this committee. LIBRARY BOARD OF TRUSTEES Patricia Walker-Smith would like to serve as District 2 (Application attached) Dottie Womack would like to serve as a District 4 A lication attached) There are vacancies for District 2 and District 4 on this Board. NONPROFIT COMMITTEE There is a District 5 vacancy on this committee. NURSING HOME COMMUNITY ADVISORY COMMITTEE There are (2) vacancies on this committee. SOUTHEASTERN ECONOMIC DEVELOPMENT COMMISSION There is a vacancy on this board for a private sector representative. TOWN OF ANGIER Request to appoint Chris Hughes, Lee Marshall, and Kelly Ennis (alternate) as ETJ members . (See attached) 040620 HCBOC Page 119 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 Friday, March 6, 2020 3:41 PM Shannon Eason Application to Serve on a Board ~ Harnett P~,, COUNTY Historic Properties Commission District 2 Nichole R Hamer 342 PRAIRIE LN Nichole R Hamer LILLINGTON 27546 928 2464420 N ichihamer 16@gmail.com 2 Associates degrees-present bachelors Web 51te bJ!luir'{_ Receiat I am a veteran from the United States Army. I lo ve hi story I am actuall y in school the be an educator in social studies and minor in history. I would love to be apart of assisting in my Community Nichole Hamer I understand that checking thi s box c onstitutes a legal s ignature confirming that I acknowledge and agree to the above Terms of Acceptance. 1 040620 HCBOC Page 120 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 Wednesday, March 18, 2020 5:19 PM Shannon Eason Application to Serve on a Board Harnett r, Web Site !!l!J.uir'l. Receiet COUNTY Harnett County Public Library Board of Trustees District 4 Dorothy (Dottie) Womack 2785 Raven Rock Road Lillington 27546 910 614 8003 womackdottie@gmail.com 12 Charter member of development of the North Carolina Defense Business Association I retired from Saab Barracuda in 2014 after 38 years. I desire to help in growing our county. I am a life long resident of Harnett County. Dorothy Womack I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms of Acceptance. 1 040620 HCBOC Page 121 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 Wednesda y, March 4, 2020 3:43 PM Shannon Eason Application to Serve on a Board Harnett ~< Web Site mguirr_ Recein.t COUNTY Harnett County Public Library Board of Trustees District 2 Patricia Walker-Smith 1503 Lakeshore Drive Dunn 28334 910-514-3369 pawalkerl @ yahoo.co 20 De lta Sigma Theta Sorority, Inc I have a genuine interest in the betterment of our county and feel that proper access to literary materials is critical. Input to the Library board is crucial in meeting that objective. I fe el that I can make a positive impact on these actions. Patricia Walker-Smith I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms of Acceptance . 1 040620 HCBOC Page 122 Robert K. Smith Mayor March 30, 2020 Mrs. Gina Wheeler Harnett County Manager's Office PO Box 759 Lillington, NC 27546 Dear Mrs. Wheeler, Town of Angier www .ang1er.org Gerry Vincent Town Manager Veronica Hardaway Town Clerk On behalf of the Town of Angier, I wanted to advise you that on March 3, 2020, the Angier Board of Commissioners unanimously approved to abolish the current Board of Adjustment and reconstitute under the newly adopted Ordinance to reflect the NC State Statute at the recommendation by the Town Attorney. With that being said, we will need Hamett County's approval to appoint the ETJ members as follows: Chris Hughes 65 Gold en Lane Angier, NC 27501 Tenn will be December 3 1, 2019-December 31 , 2021 Lee Mars hall PO Box 951 Angier, NC 27501 Tenn will be December 31, 2018-December 31, 2020 Kell y Ennis (alternate) 1027 Benson Road Angier, NC 27501 Tenn will be December 31 , 2019-December 3 1, 2021 Please forward the Town of Angier's recommendation to the Harnett County Board of Comm issioners for their consideration and potential approval. Should you have any further questions, please contact us at (919) 639-2071 . Sincerely, Veronica Hardaway Town Clerk Post Office Box 278 • Angier, North Carolina 27 501-0278 • (919) 639-2071 040620 HCBOC Page 123 Board Meeting Agenda Item AGENDA ITEM J MEETING DATE: April 6, 2020 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Nonprofit Funding Requests REQUESTED BY: Shannon Eason REQUEST: The Nonprofit Funding Committee would like to present their 2020/2021 funding requests. (See attached). FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: U:\My Doc uments\agendafonn2020.docx Page I of I 040620 HCBOC Page 124 Organization ARC of Harnett County Beacon Rescue Boys & Girls Club Buddy Backpack Habitat for Humanity Harnett Sheriff PAL Progrm HIS Daily Bread NC Economic Assistance Center Parnership for Children Rise & Shine Rescue Ronald McDonald House SAFE Harnett County South Wake Conservationist Special Olympics Transitions Life Care Veterans Legacy Foundation Veterans Treatment Court Total funding recommended Nonprofit Funding Requests 2020-2021 2020 Requested 2,000 5,000 10,000 7,000 5,000 7,500 2,000 1,500 15,000 2,500 5,000 5,000 1,500 10,000 5,000 3,000 5,000 92 ,000 040620 HCBOC Page 125 DWIGHT W. SNOW A ITORNEY AT LAW 302 W. EDGERTON STREET TELEPHONE 910·892-8199 FACSIMILE 910-892-5487 DUNN, NORTH CAROLINA 28334 VIA EMAIL: gwhee/er@harnett.org Ms. Margaret Regina Wheeler Clerk to the Board of Commissioners County of Harnett, North Carolina March 30, 2020 AGENDA ITEM 8 MAILING ADDRESS P. 0 . B0X397 DUNN, NC 28335 email : dwight@dsnowanomey.com Re: Proposed private sale of real property lots in the Edgerton Industrial Park II from Hamett County to Hamett County Properties Corporation Dear Gina: After negotiations between the Harnett County Board of Commissioners (BOC) and the Board of Directors of Hamett County Properties Corporation, a North Carolina Non-Profit Corporation (HCPC), HCPC on March 19, 2020 voted to propose to the BOC the private purchase/sale of various lots located in the Edgerton Industrial Park II. The specific lots would be Lots 1, 2, 3, 4 and 5 as shown on Map #2019-369, Hamett County Registry. The proposed purchase price of$608,000.00 for the five Edgerton lots is based upon a recent appraisal report by Valbridge Property Advisors dated December 31, 2019. The lots would be transferred to HCPC in exchange for a 3.0% interest Note and Deed of Trust with the repayment of such loan to be paid back as HCPC closes the sale of individual lots to qualified third parties (End Users). The details of the private sale conveyance, deed conditions, sale documents, marketing and maintenance oflots, ultimate sale oflots to End Users, and reimbursement to the County are all set forth in that Property Transfer and Appropriation Agreement approved by HCPC on March 19, 2020, a copy of which is attached. Subject to the County Manager's approval, I request that the attached Property Transfer and Appropriation Agreement Between Hamett County, North Carolina and HCPC be included on the next regular meeting agenda of the Hamett County Board of Commissioners for the Board's consideration. Also attached is a proposed Resolution by the Harnett County Board of Commissioners Authorizing the Conveyance of Real Property By Private Sale. If you should have any questions regarding this request then please feel free to contact me. 040620 HCBOC Page 126 DWS:ta Enc. Sincerely yours, PMwt0:~ Dwight W. Snow Harnett County Attorney cc: Paula Stewart, County Manager (pstewart@hamett.org) Angie Stewart, Economic Development Department (astewart@ harnett.org) 040620 HCBOC Page 127 RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE CONVEYANCE OF REAL PROPERTY BY PRIVATE SALE THAT WHEREAS , Harnett County, North Carolina (the "County) is a valid existing political subdivision of the State of North Carolina , existi ng as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina; and WHEREAS, pursuant to G.S. §158-7 .1 the County has the authority to acquire and develop land for business/industrial parks as a public purpose ; as a result of this authority the County has procured and developed certain real property known as the Edgerton Industrial Park II located in Averasboro Township , Harnett County, NC; and WHEREAS, Harnett County Properties Corporation (HCPC) is a North Carolina non-profit corporation which was formed to provide assistance to the County in furthering the publ ic purpose of eco nomic development In Harnett County; that pursuant to G.S . §153A-449 the County may contract with and appropriate funds to any corporation in order to carry out any public purpose that the County is authorized by law to engage in; furthermore, pursuant to G.S . §160A-279, whenever a county may appropriate funds to any private entity which carries out a public purpose, the County may, in lieu of or in addition to the appropriation of funds, convey by private sale to such entity any real or personal property which it owns; and WHEREAS, the County and HCPC have negotiated a Property Transfer and Appropriation Agreement dated April 6, 2020 whereby the County agrees to convey by private sale Lots 1 thru s of Edgerton Industrial Park 11, contain ing 45.11± acres as shown on Map# 2019-369, Harnett County Registry, in order for HCPC to assist the County in carrying out the public purpose of economic development, and HCPC is willing to accept the land conveyance and assist the County in its economic development efforts pursuant to said Agreement terms. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETI COUNTY BOARD OF COMMISSIONERS AS FOLLOWS : 1. Pursuant to G.S.§160A-279 and §160A-267, the Board of Commissioners does hereby authorize the disposition by private sale of that certain real property tract to Harnett County Properties Corporation described as follows: BEING all of Lots 1, 2, 3, 4 and 5 as shown upon that plat of survey entitled, «subdivision Survey of Edgerton Industrial Park W, by 4D Site Solutions, dated June 17, 2019 and recorded at Map #2019-369, Harnett County Registry. 2. The sale price for the real property shall be Six Hundred Eight Thousand Dollars ($608,000) or Thirteen Thousand Four Hundred Seventy-Eight Dollars and Thirteen Cents ($13,478.13) per acre . The conditions of sale shall be pursuant to that Property Transfer and Appropria t ion Agreement dated April 6, 2020 between Harnett County and HCPC, the terms of which are incorporated herein and approved as part of this Resolution . 040620 HCBOC Page 128 3. The Chairman of the Board of Commissioners is authorized to execute the necessary documents to effectuate this conveyance; the County Staff is directed to publish a Notice summarizing the contents of this Resolution once after its adoption with no sale or real property conveyance to be consummated until more than ten (10) days after publication pursuant to G.S.160-A-267. Duly adopted this the 6th day of April, 2020. STATE OF NORTH CAROLINA COURT OF HARNETT Howard L. Penny, Chairman Harnett County Board of Commissioners I, Margaret Regina Wheeler, Clerk to the Board of Commissioners of the County of Harnett, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled, "RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE CONVEYANCE OF REAL PROPERTY BY PRIVATE SALE" adopted by the Board of Commissioners of the County of Harnett, North Carolina at a regular meeting held on the __ day of 2020. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the_ day of 2020. MARGARET REGINA WHEELER Clerk to the Board County of Harnett, North Carolina 040620 HCBOC Page 129 PROPERTY TRANSFER AND APPROPRIATION AGREEMENT DATEDASOFTHE6fuDAY OF APRIL, 2020 BY AND BETWEEN HARNETTCOUNTY,NORTH CAROLINA AND HARNETT COUNTY PROPERTIES CORPORATION 040620 HCBOC Page 130 PROPERTY TRANSFER AND APPROPRIATION AGREEMENT This PROPERTY TRANSFER AND APPROPRIATION AGREEMENT (the "Agreement") is entered into this 61h day of April, 2020 by and between HARNETT COUNTY, NORTH CAROLINA, a political subdivision of the State of North Carolina (the "County") and HARNETT COUNTY PROPERTIES CORPORATION, a North Carolina nonprofit corporation ("HCPC"), with each being referred to singularly as a "Party" and cumulatively as the "Parties". WITNESS ETH WHEREAS, having available a variety of quality certified business/industrial parks is an essential need in order to be able to effectively recruit business and industry facilities to the County; WHEREAS, there is a need for more quality, certified business/industrial parks in the County; WHEREAS, the County has a vital interest in the public purpose of economic development to more effectively recruit companies to locate more business and industrial facilities to the County, and thereby to create more quality jobs for residents of the County, and to diversify and increase the property tax base in the County, in order to maintain a lower property tax rate while at the same time being able to provide services to County residents; 2 040620 HCBOC Page 131 WHEREAS, HCPC is a nonprofit corporation which was formed to provide assistance to the County in furthering the public purpose of economic development by assisting and working cooperatively with the County to develop quality certified business/industrial parks and to construct shell buildings, which will be essential elements in the County's efforts to recruit companies to the County; WHEREAS, it would be advisable for the County to work with HCPC to accept conveyances of land, acquire land, develop business and industrial parks, and market those parks to recruitment projects in order to limit liability exposure of the County and public funds, and to more effectively carry out these public purposes; WHEREAS, pursuant to G.S . § 158-7. l the County has the authority to acquire and develop land for business/industrial parks as a public purpose; WHEREAS, pursuant to G.S. § 153A-449 the County may contract with and appropriate funds to "any person, association, or corporation, in order to carry out any public purpose that the county is authorized by law to engage in"; WHEREAS, pursuant to G . S. §160A-279, whenever a county may appropriate funds to any private entity which carries out a public purpose, the county may "in lieu of or in addition to the appropriation of funds, convey by private sale to such entity any real or personal property which it owns ... "; 3 040620 HCBOC Page 132 WHEREAS , the County des ires to convey to HCPC certain land , in order for HCPC to assist the County in carrying out the public purpose of economic development, and HCPC is willing to accept that land conveyance and assist the County in its economic development efforts ; WHEREAS , the County further desires to appropriate to HCPC some or all of the proceeds from the ultimate sale of the property which is the subject of this Agreement to an end user, by allowing HCPC to retain proceeds from that sale, with those appropriated funds to be used by the HCPC for further development of business/industrial parks and to construct shell buildings; and WHEREAS, the Parties desire to enter into this Agreement to fully define the bilateral rights , obligations and commitments between the Parties as to the land conveyance and appropriation set forth herein. NOW THEREFORE, for and in consideration of the mutual covenants and promises set forth herein, the sufficiency of which is acknowledged by the Parties, the Parties agree as follow s . 1. Property Conveyance . Subsequent to with the execution of this Agreement the County will convey to HCPC the property described at Attachment A (the "Property"). The Property will be conveyed by a Special Warranty Deed in the form of a document as shown at Attachment B (the "Deed"). 4 040620 HCBOC Page 133 2. Obligation of HCPC; Uses of Property. The Parties understand and agree that the purpose of this Agreement is for HCPC to facilitate and further the County's economic development efforts. Consequently, HCPC covenants and agrees that it will only convey portions or all of the Property to an entity, which will be contractualJy obligated, to make improvements, in a timely manner, to the Property, thereby increasing the property tax base in the County, and to create a significant number of new jobs for residents of the County (the "End User"). The determinations as to those contractual terms between HCPC and the End User, the amount of capital investments which will be required, and the number of new jobs to be created shall be in the sole discretion of the HCPC Board. It is agreed to between the Parties that an End User to which HCPC conveys title would plan, and be contractually obligated, to use the Property for one or more of the following purposes ("Permitted Uses"): a. Manufacturing; b. Distribution; c . Headquarters; d. Research and development; e. Medical facility for groups of medical practices or service facilities; or f. A substantial, impactful retail and/or office park development, which will have multiple tenants and would have a substantial beneficial impact for the County or a portion of the County. 5 040620 HCBOC Page 134 It is agreed between the Parties that an End User to which HCPC conveys title would not be one, which plans to use the Property for one or more of the following purposes ( .. Prohibited Uses "): a. Entertainment facility; b . A single professional office, other than medical facilities as defined in subsection e above as a Permitted Use; c. A single retail facility or a grouping of a small number of retail facilities, which would not be defined as a Permitted Use under subsection 2f above; d . A nonprofit entity, to include a church; or e. Any other entity, which plans a project that will not create significant increases in new property tax valuations or jobs. The above provisions notwithstanding, if HCPC is in contact with an entity which has plans for a project which would not qualify as a Permitted Use, but which the HCPC Board is of the opinion would constitute a positive gain for the County, the HCPC Board may consult with the County and the County Board of Commissioners (the "County Board") regarding that project and recommend that it be allowed to convey a portion or all of the Property to that End User. The County Board may in its sole discretion, on a case-by-case basis, agree for HCPC to convey property to an End User, which had a project which would not be li sted above as a Permitted Use . If the County Board does not agree to the conveyance of a portion or all of the Property to the End 6 040620 HCBOC Page 135 User recommended by the HCPC Board, that determination will be binding on HCPC, without any recourse or appeal. 3 . Purchase Price. The Property is conveyed at the price of Six Hundred Eight Thousand Dollars ($608,000) (the "Purchase Price"). The Purchase Price is agreed to be the fair market value of the Property. HCPC may convey some or all of the Property to an End User as defined in Section 2 above. The conveyance of the Property to an End User may be at a price below, above or equal to the Purchase Price, in the discretion of the HCPC Board . 4. Payment of Purchase Price . Contemporaneously with the conveyance of the Property by the County to HCPC, HCPC will provide to the County a promissory note in the amount of Six Hundred Eight Thousand Dollars ($608,000) which will provide for interest at the rate of three percent (3%) per annum (the "Note"). The Note will be in the form as shown at Attachment C. The payment obligation evidenced by the Note will be secured by a deed of trust, which will be in the form as shown at Attachment D (the "Deed of Trust"). All or a portion of the principal and accrued interest owed under the Note shall be payable when all or a portion of the Property is conveyed to an End User, unless that repayment obligation is forgiven in whole or in part as an appropriation to HCPC , as provided for under Section 5 herein, or as an incentive inducement for the End User as provided for under Section 6 herein . If a portion, but not all, of the Property is conveyed by HCPC to an End User then the amount to be paid by HCPC to the County shall be the same percentage of the principal and accrued interest owed under the Note at the time of the conveyance by HCPC to the End User as the percentage of portion of the Property conveyed bears in relation to all of the Property. Upon the payment of a portion or all of the 7 040620 HCBOC Page 136 Purchase Price, the County will provided to HCPC a release deed (the "Release Deed") in the form as shown at Attachment E, that will release that portion of the Property from the Deed of Trust so that HCPC can convey clear title to the End User . The Release Deed will be provided contemporaneously with the payment of the amount due under the Note or the forgiveness of all or portion of the payment as provided for in Section 5 or Section 6 herein. 5. Appropriation to HCPC . The County Board may in its sole discretion, on a case by case basis, choose to forgive the repayment of all or a portion of any payment on the debt evidenced by the Note as an appropriation of those funds to HCPC. Any such appropriation of funds shall be under the authority of and in compliance with G.S. § 153A-449. Such funds shall be used by HCPC solely for the public purpose of promoting and supporting economic development within the County. Uses of these funds, which will be allowed, include: a . Uses of funds which would be permitted for the County pursuant to G.S. §158-7.l(b); b. Payment for legal and accounting services necessary in connection with HCPC discharging its duties; c. Payment of amounts owed to the County to repay debts on a property conveyance covered by this Agreement or any other similar agreements; d. Marketing expenses for property owned by HCPC, provided that the marketing efforts being paid for are carried out in conjunction and full cooperation with the County's economic development program, which shall 8 040620 HCBOC Page 137 have the lead responsibility for marketing all business parks and shell buildings owned by HCPC; e. Cooperative payments to and in conjunction with any private sector entity that develops property or constructs shell buildings in cooperation with HCPC as a public private partnership effort; f. Costs related to engineering and analyses and other professional assistance needed to certify any business/industrial park as to evaluate any building improvements. g. Costs related to site evaluations or other costs in connection with the recruitment of an End User to locate a facility on the Property; and h . Such other expenses as may be necessary for HCPC to carry out its obligations under and expectations in connection with this Agreement and any other similar agreement between the County and HCPC. The receipt and utilization of any appropriated funds under this Agreement shall be subject to the reporting requirements set forth in Section 9 herein, and the audit requirements set forth in Section 11. 6 . Incentive Inducement. With input from and consultation with the HCPC Board, the County Board may, in its sole discretion on a case by case basis, choose to forgive all or a portion of any payment on the debt evidenced by the Note as an incentive inducement for an End User being recruited to locate a facility on the Property. In the event that the County Board does choose to do so, HCPC shall reduce the amount of the purchase price payable by an End User to 9 040620 HCBOC Page 138 HCPC in an amount equal to the amount of the incentive inducement, or shall reduce any lease payment from the End User to HCPC by an amount necessary to reflect the incentive inducement granted by the County Board. 7. Contractual Obligations of End User. HCPC shall require any End User, which receives a conveyance of all, or a portion of the Property to be bound by contractual commitments to assure that the End User meets certain performance commitments and that thereby the County realizes the economic development benefits commensurate with the disposition of the Property. These terms may include, but are not limited to, some or all of the following terms: a . Commitments to begin or complete improvements to the Property within stated periods of time; b. Minimum expected levels of capital investments in real estate improvements, and/or personal property to be completed within stated periods of time; c. Numbers of new jobs to be created within stated periods of time; d . Average wage levels of the new jobs to be created; e. Any other economic development benefits to be realized from the End User's project; f . Re-conveyance of the Property if improvements to the Property are not undertaken within the stated period of time; g. Partial or complete reimbursement (claw back) requirements if the End-User fails to meet or maintain for required periods of time the performance 10 040620 HCBOC Page 139 commitments of the End User as to capital investments, jobs created, wage levels, or other requirements; and/or h. Other terms and conditions deemed to be prudent by the HCPC Board. If the County forgives a portion or all of any payment on the debt evidenced by the Note as an incentive inducement, the County will have an incentive agreement between the County and End User. In this event, HCPC will cooperate fully with the County to assure that any agreement between HCPC and the End User is consistent and coordinated with the County's incentive agreement. 8. Staffing. HCPC will be staffed by one or more representatives of the County's economic development program . This staffing assistance shall be at no cost to HCPC. 9. Reporting. The HCPC Board shall on or about the first meetings of the County Board in July and January of each year make reports to the County Board regarding the status and disposition of the Property, the utilization of all funds appropriated to HCPC, the performance of End Users as to all of their performance commitments, and its efforts to recruit End Users to the Property and any other property or building purchased or developed by HCPC with appropriated funds. The HCPC Board shall elicit and take into account all input from the County Board as to its activities. 10. Cooperative Economic Development Efforts. It is essential that the activities and efforts of HCPC are consistent with and fully supportive of the County 's overall economic 11 040620 HCBOC Page 140 development goals and programs. Consequently, the HCPC Board will consult regularly with the staff provided by the County and the County Manager to assure that all of its activities are consistent with and supportive of the County's overall economic development goals and programs. 11. Audits. HCPC will annually provide its financial statements to the County. If HCPC has an audit of its financial records conducted annually, it will provide to the County a copy of all such audits. In addition, the County shall have the right at any time to conduct an audit of HCPC's financial records, which will be done at the County's sole expense. 12 . Indemnification. HCPC hereby agrees to indemnify, protect and save the County and its officers, directors and employees harmless from all liability, obligations, losses, claims, damages, actions, suits, proceedings, costs and expenses, including reasonable attorneys' fees arising out of, connected with, or resulting directly or indirectly from the Property or the transactions contemplated by or relating to this Agreement, including without limitation, the possession , condition, construction or use thereof, insofar as such matters related to events subject to the control of the HCPC and not the County. The indemnification arising under this Section shall survive the Agreement's termination. 13 . Termination. Upon the dissolution of HCPC or HCPC's insolvency, this Agreement shall be terminated . Upon the termination of this Agreement all property and funds held by HCPC shall be conveyed to the County or another nonprofit entity designated by the County in its sole discretion. Upon the conveyance of all property and funds held by HCPC all 12 040620 HCBOC Page 141 notes from HCPC to the County sha ll be marked as paid in full and cancelled, and all deeds of trust shall be marked as satisfied. 14. Assignments . No Party shall sell or assign any interest in or obligation under this Agreement without the prior express written consent of all the other Party. 15. Limited Obligation of County . NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS CREATING A PLEDGE OF THE FAITH AND CREDIT OF THE COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL DEBT LIMITATION. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS DELEGATING GOVERNMENTAL POWERS NOR AS A DONATION OR A LENDING OF THE CREDIT OF THE COUNTY WITHIN THE MEANING OF THE STATE CONSTITUTION. THIS AGREEMENT SHALL NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE COUNTY TO MAKE ANY PAYMENTS BEYOND THOSE APPROPRIATED IN T HE COUNTY'S SOLE DISCRETION FOR ANY FISCAL YEAR IN WHICH THIS AGREEMENT SHALL BE IN EFFECT. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED TO PLEDGE OR TO CREATE A LIEN ON ANY CLASS OR SOURCE OF THE COUNTY'S MONEYS , NOR SHALL ANY PROVISION OF THE AGREEMENT RESTRICT TO ANY EXTENT PROHIBITED BY LAW, ANY ACTION OR RIGHT OF ACTION ON THE PART OF ANY FUTURE COUNTY GOVERNING BODY. TO THE EXTENT OF ANY CONFLICT BETWEEN THIS ARTICLE AND ANY OTHER PROVISION OF THIS AGREEMENT, THIS ARTICLE SHALL TAKE PRIORITY. 13 040620 HCBOC Page 142 16 . Governing Law. The parties intend that this Agreement shall be governed by the law of the State of North Carolina. 17. Notices . (a) Any communicatio n required or permitted by this Agreement must be in writing except as expressly provided otherwise in this Agreement (b) Any communication shall be sufficiently given and deemed given when delivered by hand or five days after being mailed by first-class mail, postage prepaid, and addressed as follows : (1) If to HCPC, to: P .O . Box 1270, Lillington, NC 27546 (2) If to the County, to : P.O. Box 759, Lillington, NC 27546 (c) Any addressee may designate additional or different addresses for communications by notice given under thi s Section to each of the others. 18 . Non-Business Days. If the date for making any payment or the last day for performance of any act or the exercising of any right shall not be a Business Day, such payment shall be made or act performed or right exercised on or before the next preceding Business Day. 19. Severability. If any provision of this Agreement shall be de termined to be unenforceable, that shall not affect any other provision of this Agreement. 14 040620 HCBOC Page 143 20. Entire Agreement; Amendments. This Agreement, including Attachments A through E attached, which are incorporated herein and made a part hereof, constitutes the entire contract between the parties, and this Agreement shall not be changed except in writing signed by alJ the parties. 21. Binding Effect. Subject to the specific provisions of this Agreement, this Agreement shall be binding upon and inure to the benefit of and be enforceable by the Parties and their respective successors and assigns . 22. Time. Time is of the essence in this Agreement and each and all of its provisions. 23. Liability of Officers and Agents. No officer, agent or employee of the County or the HCPC shall be subject to any personal liability or accountability by reason of the execution of this Agreement or any other documents related to the transactions contemplated hereby . Such officers, agents, or employees shall be deemed to execute such documents in their official capacities only, and not in their individual capacities. This Section shall not relieve any such officer, agent or employee from the performance of any official duty provided by law. 24. Counterparts. This Agreement may be executed in several counterparts, including separate counterparts. Each shall be an original, but all of them together constitute the same instrument. 15 040620 HCBOC Page 144 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their corporate names by their duly authorized officers, all as of the date first above written. HARNETT COUNTY, N .C. Howard L. Penny (Name) Chairman, Harnett County Board of Commissioners (Title) ATTEST: Margaret Regina Wheeler County Clerk This Agreement has been pre-audited to the extent, and in the manner, required by the "Local Government Budget and Fiscal Control Act." Kimberly Honeycutt Finance Officer This Agreement is legally sufficient as to form Dwight Snow, County Attorney 16 HARNETT COUNTY PROPERTIES CORPORATION Walter Weeks President ATTEST: Secretary This Agreement is legally sufficient as to form David McRae Counsel for Harnett County Properties Corporation 040620 HCBOC Page 145 ATTACHMENT A PROPERTY DESCRIPTION BEING all of Lots 1, 2, 3, 4 and 5 as shown upon that plat of survey entitled, "Subdivision Survey of Edgerton Industrial Park II", by 4D Site Solutions, dated June 17, 2019 and recorded at Map #2019-369, Hamett County Registry. 17 040620 HCBOC Page 146 ATTACHMENT B SPECIAL WARRANTY DEED (To be inserted) 18 040620 HCBOC Page 147 Prepared by & return to: David McRae, Bain & McRae , LLP, 65 Bain Street, Lillington, NC 27546 EXCISE TAX: Exempt Harnett County Paree] ID: 02-1505-0106; 02-1505-0106-04;02-1505-0106-05 ; 02-1505-0106-06; 02-1505-0106-07 SPECIAL WARRANTY DEED THIS DEED, made this day of , 2020, by and between HARNETT COUNTY, NORTH CAROLINA, a body politic and political subdivision of the State of North Carolina, of P.O. Box 759, Lillington, NC 27546, hereinafter also referred to as Grantor, and the HARNEIT COUNTY PROPERTIES CORPORATION, a non-profit corporation, created under and pursuant to the laws of the State of North Carolina, of P .O. Box 1270, Li1lington, NC 27546, hereinafter also referred to as Grantee. W I T N ES S ET H: THAT WHEREAS, pursuant to N.C. Gen. Stat. §153A-449 and §l60A-279, and for and in consideration of the sum of Six Hundred Eight Thousand Dollars ($608,000). together with other good and va]uab]e consideration unto it passing, the receipt of which is hereby acknowledged, Grantor has bargained and so]d and by these presents does bargain, se1l, grant and convey unto the Grantee, its successors and assigns, a11 that certain tract or parcel of land lying and being in Averasboro Township, Harnett County, State of North Carolina, and being more particularly described as fo1lows: BEING all of Lots I, 2, 3, 4 and 5 as shown upon that plat of survey entitled, "Subdivision Survey of Edgerton Industrial Park II", by 40 Site Solutions, dated June 17, 2019 and recorded at Map #2019-369, Harnett County Registry . TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by under or through Grantor, other than the exceptions, hereinafter set forth. All or a portion of the property herein conveyed does not include the primary residence of a Grantor. (N.C. Gen. Stat. §105-317.2). 040620 HCBOC Page 148 Title to the property hereinabove described is subject to the following exceptions: a. Utility easements of record. b. Roadways and rights-of-way of record and those visible by inspection of the premises. c. Such facts that an environmental study on the subject property by an environmental engineer would reveal. d. Such facts that are revealed by that survey of the subject tract recorded in Map #2019-369, Hamett County Registry and any other recorded survey maps of the Edgerton Industrial Park. e. Restrictive Covenants of record. f. The terms of that Property Transfer and Appropriation Agreement dated April 6, 2020 between the parties. IN WITNESS WHEREOF, the said Grantor has caused this instrument to be signed in its name by the Chairman of the Hamett County Board of Commissioners and attested by the Clerk to said Board and sealed with the common seal of said County, all under authority granted by the Hamett County Board of Commissioners on the day and year set forth below. This the __ day of ________ , 2020. (OFFICIAL SEAL) ATTEST: Margaret Regina Wheeler, Clerk HARNETT COUNTY, NORTH CAROLINA By: ____________ (SEAL) Howard L. Penny, Chairman of the Harnett County Board of Commissioners Harnett County Board of Commissioners The execution of this deed was authorized by a Resolution of the Hamett County Board of Commissioners at its regular board meeting on the __ day of , 2020. Notice of this private sale of real property was published in the Dunn Daily Record newspaper on __________ , 2020 pursuant to N .C. Gen . Stat.§ l60A-267 . Margaret Regina Wheeler, Clerk Hamett County Board of Commissioners 040620 HCBOC Page 149 NORTH CAROLINA HARNETT COUNTY I, the undersigned Notary Public of the County and State aforesaid, certify that Howard L. Penny personally came before me this day who being by me duly sworn, deposes and says: that he is the Chairman of the Hamett County Board of Commissioners and Margaret Regina Wheeler is the Clerk of said Board, that the seal affixed to the foregoing instrument is the official seal of Harnett County, that said instrument was signed by him, attested by said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners of said County, and the said Howard L. Penny acknowledged said instrument to be the act and deed of Harnett County. Witness my hand and official stamp or seal , this day of , 2020. Notary Public Printed Name of Notary My commission expires: 040620 HCBOC Page 150 ATTACHMENT C PROMISSORY NOTE (To be inserted) 19 040620 HCBOC Page 151 SATISFACTION: The debt evidenced by this Note has been satisfied in full this __ day of • 20_ Signed: ________ _ $608,000.00 PURCHASE MONEY PROMISSORY NOTE Lillington, N.C. --------~,2020 FORVALUE RECEIVED the undersigned, promises to pay to Harnett County, North Carolina (holder), or order, the principal sum of Six Hundred Eight Thousand Dollars ($608 ,000.00), with interest from date of Note, at the rate of three per cent (3 % ) per annum on the unpaid balance until paid or until default, both principal and interest payable in lawful money of the United States of America, at the office of 420 McKinney Parkway, Lillington, NC 27546 or at such place as the legal holder hereof may designate in writing. It is understood and agreed that additional amounts may be advanced by the holder hereof as provided in the instruments, if any, securing this Note and such advances will be added to the principal of this Note and will accrue interest at the above specified rate of interest from the date of advance until paid. The principal and interest shall be due and payable as follows : When all or a portion of the real property upon which this Note is secured by a Deed of Trust is conveyed to an End User grantee pursuant to the provisions of that Property Transfer and Appropriation Agreement dated April 6, 2020 between Harnett County, NC and Harnett County Properties Corporation. If payable in installments, each such installment shall, unless otherwise provided, be applied first to payment of interest then accrued and due on the unpaid principal balance, with the remainder applied to the unpaid principal. Unless otherwise provided, this Note may be prepaid in full or in part at any time without penalty or premium. Partial payments shall be applied to installments due in reverse order of their maturity. In the event of (a) default in payment of any installment of principal or interest hereof as the same becomes due and such default is not cured within fifteen (15) days from the due date, or (b) default under the terms of any instrument securing this Note, and such default is not cured within fifteen ( 15) days after written notice to maker, then in either such event the holder may without further notice, declare the remainder of the principal sum, together with all interest accrued thereon and, the prepayment premium, if any, at once due and payable. Failure to exercise this option shall not constitute a waiver of the right to exercise the same at any other time. The unpaid principal of this Note and any part thereof, accrued interest and all other sums due under this Note and the Deed of Trust, if any, shall bear interest at the rate of eight per cent (8%) per annum after default until paid. All parties to this Note, including maker and any sureties, endorsers, or guarantors hereby waive protest, presentment, notice of dishonor, and notice of acceleration of maturity and agree to continue to remain bound for the payment of principal, interest and all other sums due under this Note and the Deed of Trust notwithstanding any change or changes by way of release, surrender, exchange, modification or substitution of any security for this Note or by way of any extension or extensions of time for the payment of principal and interest; and all such parties waive all and every kind of notice of such charge or charges and agree that the same may be made without notice or consent of any of them. Upon default the holder of this Note may employ an attorney to enforce the holder's rights and remedies, and the maker, principal, surety, guarantor and endorsers of this Note hereby agree to pay to the holder reasonable attorney N .C. Ba r Assoc. Fo rm No . 4 © 1976, Rev ised © 1985 • Pri nted by Agreement with the N. C. Bar As soc. #003 040620 HCBOC Page 152 fees not exceeding a sum equal to fifteen percent (15%) of the outstanding balance owing on said Note, plus all other reasonable expenses incurred by the holder in exercising any of the holder's rights and remedies upon default. The rights and remedies of the holder as provided in this Note and any instrument securing this Note shall be cumulative and may be pursued singly, successively, or together against the property described in the Deed of Trust or any other funds, property or security held by the holder for payment or security, in the sole discretion of the holder. The failure to exercise any such right or remedy shall not be a waiver or release of such rights or remedies or the right to exercise any of them at another time. This Note is to be governed and construed in accordance with the laws of the State of North Carolina. This Note is given as consideration for monies loaned, and is secured by a Purchase Money Deed of Trust which is a first mortgage lien upon the property therein described; this Purchase Money Promissory Note is subject to the anti-deficiency provisions of N.C. General Statutes §45-21.38. Harnett County Properties Corporation By: Walter Weeks, President N .C. Bar Assoc. Form No. 4 © 1976, Revised © 1986 • Printed by Agreement with the N. C. Bar Assoc. #003 040620 HCBOC Page 153 A TI ACHMENT D DEED OF TRUST (To be inserted) 20 040620 HCBOC Page 154 PURCHASE MONEY NORTH CAROLINA DEED OF TRUST SATISFACTION: The debt secured by the within Deed of Trust together with the note(s) secured thereby has been satisfied in full. This the ___ day of ___________ _ Signed: Parcel Identifier No .02-1505-0106; 01 -1505 -0 106-04;01-1505-0106-05; 01-1505-0106-06;01-1505-0106-07 Mail after recording to David McRae, 65 Bain St, Lillington, NC 27546 . This instrument prepared by David McRae, 65 Bain St, Lillington, NC 27546. Brief Description for the index Lots 1 thru 5, 45.11 acs Edgerton Industrial Park II, Map# 2019-369, US Hwy 301 S THIS DEED of TRUST made this the ___ day of _______ , 2020, by and between: GRANTOR TRUSTEE HARNETT COUNTY DWIGHT W. SNOW PROPERTIES CORPORATION P.O. BOX 1270 P.O. BOX 397 LILLINGTON, NC 27546 DUNN, NC 28335 N .C . Bar Assoc . Form N o. 5@ 1976, Revised ©September 1985 , 2002 Printed by Agreement with the N .C . Ba r As sociation -1981 BENEFICIARY HARNETT COUNTY, NORTH CAROLINA P.O.B0X759 LILLINGTON, NC 27546 040620 HCBOC Page 155 Enter in appropriate block for each party: name address, and, if appropriate, character of entity, e .g. corporation or partnership The designation Grantor, Trustee, and Beneficiary as used herein shall include said parties, their heirs , successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, That whereas the Grantor is indebted to the Beneficiary in the principal sum of Six Hundred Eight Thousand Dollars ($608,000), as evidenced by a Purchase Money Promissory Note (Note) of even date herewith, the terms of which are incorporated herein by reference . The final due date for payments of said Note, if not sooner paid, is pursuant to that Property Transfer and Appropriation Agreement dated April 6, 2020 between the Granter and Beneficiary. NOW, THEREFORE, as security for said indebtedness, advancements and other sums expended by Beneficiary pursuant to this Deed of Trust and costs of collection (including attorneys fees as provided in the Note) and other valuable consideration, the receipt of which is hereby acknowledged, the Granter has bargained, sold, given and conveyed and does by these presents bargain, sell, give, grant and convey to said Trustee, his successors or assigns, the parcel of land situated in Averasboro Township, Hamett County, North Carolina, (the "Premises") and more particularly described as follows : BEING all of Lots I, 2, 3, 4 and 5 as shown upon that plat of survey entitled, "Subdivision Survey of Edgerton Industrial Park II", by 4D Site Solutions, dated June 17, 2019 and recorded at Map #2019-369, Harnett County Registry. TO HA VE AND TO HOLD said Premises with all privileges and appurtenances thereunto belonging, to said Trustee, his heirs , successors, and assigns forever, upon the trusts, terms and conditions, and for the uses hereinafter set forth. If the Granter shall pay the Note secured hereby in accordance with its terms, together with interest thereon, and any renewals or extensions thereof in whole or in part, all other sums secured here by and shall comply with all of the covenants, terms and conditions of this Deed of Trust, then this conveyance shall be null and void and may be canceled of record at the request and the expense of the Grantor. If, however, there shall be any default (a) in the payment of any sums due under the Note, this Deed of Trust or any other instrument securing the Note and such default is nor cured within ten ( 10) days from the due date, or (b) if there shall be default in any of the other covenants, terms or conditions of the Note secured hereby, or any failure or neglect to comply with the covenants, terms or conditions contained in this Deed of Trust or any other instrument securing the Note and such default is not cured within fifteen ( 15) days after written notice, then and in any of such events, without further notice, it shall be lawful for and the duty of the Trustee, upon request of the Beneficiary, to sell the land herein conveyed at public auction for cash, after having first giving such notice of hearing as to commencement of foreclosure proceedings and obtained such findings or [eave of court as may then be required by law and giving such notice and advertising the time and place of such sale in such manner as may be provided by law, and upon such and any resales and upon compliance with the law then relating to foreclosure proceedings under power of sale to convey title to the purcliaser in as full and ample manner as the Trustee is empowered. The Trustee shall be authorized to retain an attorney to represent him in such proceedings. The proceeds of the Sale shalf after the Trustee retains his commission, together with reasonable attorneys fees incurred by the Trustee in such proceedings, be applied to the costs of sale, including, but not limited to, costs of collection, taxes, assessments, costs of recording, service fees and incidental expenditures, the amount due on the Note hereby secured and advancements and other sums exl'ended by the Beneficiary according to the provisions hereof and otherwise as required by the then existing law relating to foreclosures . The Trustee's commission shall be five percent (5%) of the gross proceeds of the sale or the minimum sum of$ 300.00 whichever is greater, for a completed foreclosure. In the event N.C. Bar Assoc. Form No. 5 © 1976, Revised ©September 1985, 2002 Printed by Agreemenc with the N.C. Bar Association -1981 040620 HCBOC Page 156 foreclosure is commenced, but not completed, the Grantor shall pay all expenses incurred by Trustee, including reasonable attorneys fees, and a partial commission computed on five per cent (5%) of the outstanding indebtedness or the above stated minimum sum, whichever is greater, in accordance with the following schedule, to-wit: one-fourth (1A) thereof before the Trustee issues a notice of hearing on the right to foreclosure; one-half (Y2) thereof after issuance of said notice, three-fourths(*) thereof after such hearing; and the greater of the full commission or minimum sum after the initial sale. And the said Granter does hereby covenant and agree with the Trustee as follows: 1. INSURANCE. Granter shall keep all improvements on said land, now or hereafter erected, constantly insured for the benefit of the Beneficiary against loss by fire, windstorm and such other casualties and contingencies, in such manner and in such companies and for such amounts, not less than that amount necessary to pay the sum secured by this Deed of Trust, and as may be satisfactory to the Beneficiary. Grantor shall purchase such insurance, pay all premiums therefor, and shall deliver to Beneficiary such policies along with evidence of premium payments as long as the Note secured hereby remains unpaid. If Grantor fails to purchase such insurance, pay premiums therefor or deliver said policies along with evidence of payment of premiums thereon, then Beneficiary, at his option, may purchase such insurance. Such amounts paid by Beneficiary shall be added to the principal of the Note by this Deed of Trust, and shall be due and payable u_pon demand of Beneficiary . All proceeds from any insurance so maintained shall at the option of Beneficiary be arplied to the debt secured hereby and if payable in installments, applied in the inverse order of maturity o such installments or to the repair or reconstruction of any improvements located upon the Pro_perty. 2. TAXES, ASSESSMENTS, CHARGES. Granter shall pay all taxes, assessments and charges as may be lawfully levied against said Premises within thirty (30) days after the same shall become due. In the event that Grantor fails to so pay all taxes, assessments and charges as herein required, then Beneficiary, at his option, may pay the same and the amounts so paid shall be added to the principal of the Note secured by this Deed of Trust, and shall be due and payable upon demand of Beneficiary. 3. ASSIGNMENTS OF RENTS AND PROFIT. Grantor assigns to Beneficiary, in the event of default, all rents and profits from the land and any improvements thereon, and authorizes Beneficiary to enter upon and take possession of such land and improvements, to rent same, at any reasonable rate of rent determined by Beneficiary, and after deducting from any such rents the cost of reletting and collection, to apply the remainder to the debt secured hereby. 4 . PARTIAL RELEASE. Granter shall not be entitled to the partial release of any of the above described property unless a specific provision providing therefor is included in this Deed of Trust. In the event a partial release provision 1s included in this Deed of Trust, Grantor must strictly comply with the terms thereof. Notwittistanding anything herein contained, Gran tor shall not be entitled to any release of property unless Grantor is not in default and is in full compliance with all of the terms and provisions of the Note, this Deed of Trust, and any other instrument that may be securing said Note. 5. WASTE. The Grantor covenants that he will keep the Premises herein conveyed in as good order, repair and condition as they are now , reasonable wear and tear excepted, and will comply with all governmental requirements respecting the Premises or their use, and that he will not commit or permit any waste. 6. CONDEMNATION. In the event that any or all of the Premises shall be condemned and taken under the power of eminent domain, Gran tor shall give immediate written notice to Beneficiary and Beneficiary shall have the right to receive and collect all damages awarded by reason of such talcing, and the right to such damages hereby is assigned to Beneficiary who shall have the discretion to apply the amount so received or any part thereof, to the indebtedness due hereunder and if payable in installments, applied in the inverse order of maturity of such installments, or to any alteration, repair or restoration of the Premises by Grantor. 7. WARRANTIES. Gran tor covenants with Trustee and Beneficiary that he is seized of the Premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and tbat he will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 8. SUBSTITUTION OF TRUSTEE. Grantor and Trustee covenant and agree to and with Beneficiary that in case the said Trustee, or any successor trustee, shall die, become incapable of acting, renounce his trust, or for any reason the holder of the Note desires to replace said Trustee, then the holder may appoint, in writing, a trustee to take the place of the Trustee; and upon the probate and registration of the same, the trustee thus appointed shall succeed to all rights, powers and duties of the Trustee. N.C. Bar Assoc. Form No. 5 © 1976, Revised ©September 1985, 2002 Printed by Agreement with the N.C . Bar Association -1981 040620 HCBOC Page 157 [:] THE FOLLOWING PARAGRAPH, 9. SALE OF PREMISE~ SHALL NOT APPLY UNLESS THE BLOCK TO THE LEFT MARGIN OF THIS ~ENTENCE IS MARKED AND/OR INITIALED. 9 . SALE OF PREMISES. Grantor agrees that if the Premises or any pan thereof or interest therein is sold, assigned, transferred, convexed or otherwise alienated by Grantor, whether voluntary or involuntary or by operation of law [other than : (1) the creation of a lien or other encumbrance to this Deed of Trust which does not relate to a transfer of rights of occupancy in the Premises; (ii) the creation of a purchase money security interest for household appliances; (iii) a transfer by devise, descent, or operation of law on the death of a jomt tenant or tenant by the entirety; (iv) the grant of a leasehold interest of three (3) years or less not containing an option to purchase ; (v) a transfer to a relative resulting from the death of a Grantor; (vi) a transfer where the spouse or children of the Grantor become the owner of the Premises; (vii) a transfer resulting from a decree of a dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Grantor becomes an owner of the Premises; (viii) a transfer into an inter vivos trust in which the Grantor is and remains a beneficiary and which does not relate to a transfer of occupancy in the Premises], without the prior consent of Beneficiary, Beneficiary, at its own option, may declare the Note secured hereby and all other obligations hereunder to be forthwith due and payable. Any change in the legal or equitable title of the Premises or in the beneficial ownership of the Premises, including the sale, conveyance or disposition of a majority interest in the Grantor if a corporation or partnership, whether or not of record and whether or not for consideration, shall be deemed to be the transfer of an interest in the Premises. 10. ADV AN CEMENTS. If Grantor shall fail to perform any of the covenants or obligations contained herein or in any other instrument given as additional security for the Note secured hereby, the Beneficiary may, but without obligation, make advances to perform such covenants or obligations , and all such sums so advanced shall be added to the principal sum, shall bear interest at the rate provided in the Note secured hereby for sums due after default and shall be due from Gran tor on demand of the Beneficiary. No advancement or anything contained in this paragraph shall constitute a waiver by Beneficiary or prevent such failure to perform from constituting an event of default. 11 . INDEMNITY. If any suit or proceeding be brought against the Trustee or Beneficiary or if any suit or proceeding be brought which may affect the value or title of the Premises, Grantor shall defend, indemnify and hold harmless and on demand reimburse Trustee or Beneficiary from any loss, cost, damage or expense and any sums expended by Trustee or Beneficiary shall bear interest as provided in the Note secured hereby for sums due after default and shall be due and payable on demand. 12. WAIVERS. Grantor waives all rights to require marshalling of assets by the Trustee or Beneficiary. No delay or omission of the Trustee or Beneficiary in the exercise of any right, power or remedy arising under the Note or this Deed of Trust shall be deemed a waiver of any default or acquiescence therein or shall impair or waive the exercise of such right, power or remedy by Trustee or Beneficiary at any other time. 13 . CIVIL ACTION. In the event that the Trustee is named as a party to any civil acti on as Trustee in this Deed of Trust, the Trustee shall be entitled to employ an attorney at law, including himself if he is a licensed attorney, to represent him in said action and the reasonable attorney's fee of the Trustee in such action be paid by the Beneficiary and added to the principal of the Note secured by this Deed of Trust and bear mterest at the rate provided in the Note for sums due after default. 14. PRIOR LIENS . Default under the terms of any instrument secured by a lien to which this Deed of Trust is subordinate shall constitute default hereunder. 15. OTHER TERMS . IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. N .C. Ba r Assoc. Fonn No. 5 © 1976, Revised ©September 1985, 2002 Printed by Agreement with the N.C. Bar Association -1981 040620 HCBOC Page 158 HARNETT COUNTY PROPERTIES CORPORATION By : _________ _ Walter Weeks President ---........... --------------ATTEST: -----------Secretary (Corporate Seal) Ill NORTH CAROLINA Ill IIIC ••• 111' SEAL- STAMP ::" County of ______ _ ________ (SEAL) ---------(SEAL) _ _______ (SEAL) ________ (SEAL) I, the undersigned Notary Public of the County and State aforesaid, certify that Walter Weeks personally came before me this day and acknowledged that he is President of Harnett County Properties Corporation, a North Carolina corporation, and that he, as President, being authorized to do so, executed the foregoing on behalf of the corporation. Witness my hand and official stamp or seal, this __ day of ________ , 2020. My commission expires : N.C. Bar Assoc . Form No. 5 © 1976, Revised ©Septemb er 1985, 2002 Printed by Agreement with the N.C. Bar As sociation -1981 Notary Public Printed Name of Notary Public 040620 HCBOC Page 159 ATTACHMENT E RELEASE DEED (To be inserted) 21 040620 HCBOC Page 160 RELEASE DEED Prepared by and mail to: Attorney, David McRae, 65 Bain Street, Lillington, NC 27546 NORTH CAROLINA HARNETT COUNTY THIS RELEASE DEED, made and entered into this __ day of , 2020, by and between HARNETT COUNTY, NORTH CAROLINA hereinafter referred to as "County" or "Note Holder", and HARNETT COUNTY PROPERTIES CORPORATION, hereinafter referred to as "HCPC", all of Harnett County, North Carolina. W I TN ES S ET H: THAT WHEREAS, HCPC heretofore executed to Dwight W . Snow, Trus tee and County as Beneficiary, a certain deed of trust, dated and recorded in Book __ ,Page __ Hamett County Registry, to secure a certain note therein set out due and payable to the said Note Holder and WHEREAS, HCPC has requested the County as Note Holder, to release from the lien of said deed of trust so much of the land therein conveyed as is hereinafter described, and the said Note Holder, has agreed to do so through this Release Deed instrument. NOW, THEREFORE, County for and in consideration of the sum of ---------------• to it paid by the HCPC, has remised and released and by these presents does remise, release and forever quitclaim unto HCPC and its successors and assigns certain real property situate in Averasboro Township, Hamett County, North Carolina, and more particularly described as follows: To be described as released. TO HA VE AND TO HOLD the real property to it , HCPC, and its successors and assigns, free and discharged from the lien of said deed of trust hereinabove referred to. 040620 HCBOC Page 161 But it is understood and agreed that this release shall apply only to so much of said real property as is herein expressly described and conveyed, and that the remainder of said real property shall remain subject to the lien of said deed of trust, and shall remain in full force and effect. When reference is made to any Party or Parties, or to the Note Holder or the Note, the singular shall include the plural and the masculine shall include the feminine or the neuter. IN TESTIMONY WHEREOF, the County, as Note Holder has caused this Release Deed to be signed in its name by its and attested by its duly authorized officer and sealed with its corporate seal, the day and year first above written. (OFFICIAL SEAL) ATTEST: Margaret Regina Wheeler, Clerk HARNETT COUNTY, NORTH CAROLINA By: _________ , Chairman of the Harnett County Board of Commissioners Harnett County Board of Commissioners The execution of this deed was approved by the Harnett County Board of Commissioners at its regular board meeting on the __ day of , 2020. Margaret Regina Wheeler, Clerk Harnett County Board of Commissioners 2 040620 HCBOC Page 162 NORTH CAROLINA HARNETT COUNTY I, the undersigned Notary Public of the County and State aforesaid, certify that _________ personally came before me this day who being by me duly sworn, deposes and says: that he is the Chairman of the Hamett County Board of Commissioners and Margaret Regina Wheeler is the Clerk of said Board, that the seal affixed to the foregoing instrument is the official seal of Hamett County, that said instrument was signed by him, attested by said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners of said County, and the said Howard L. Penny acknowledged said instrument to be the act and deed of Hamett County. Witness my hand and official stamp or seal, this day of , 2020. Notary Public Printed Name of Notary Public My commission expires: 3 040620 HCBOC Page 163 DWIGHT W. SNOW A ITORNEY AT LAW 302 W. EDGERTON STREET TELEPHO~ 910-892-8 199 FACSIMILE 910-892-5487 DUNN , NORTH CAROLINA 28334 VIA EMAIL: gwheeler@harnett.org Ms. Margaret Regina Wheeler Clerk to the Board of Commissioners County of Harnett, North Carolina March 30, 2020 AGENDA ITEM 9 MAILING ADDRESS P.O. BOX 397 DUNN, NC 28335 email: dwight@dsnowattomey.com Re: Proposed private sale of real property lots in the Brightwater Subdivision from Hamett County to Hamett County Properties Corporation Dear Gina: After negotiations between the Hamett County Board of Commissioners (BOC) and the Board of Directors of Hamett County Properties Corporation, a North Carolina Non-Profit Corporation (HCPC), HCPC on March 19, 2020 voted to propose to the BOC the private purchase/sale of various lots located in the Brightwater Subdivision Phase III . The specific lots would be Lots 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 as shown on Map #2019-78 , 79 and 80, Harnett County Registry . The proposed purchase price of $1,567,500 .00 for the eleven Brightwater lots is based upon a recent appraisal report by Valbridge Property Advisors dated December 31, 2019. The lots would be transferred to HCPC in exchange for a 3.0%interest Note and Deed of Trust with the repayment of such loan to be paid back as HCPC closes the sale o f individual lots to qualified third parties (End Users). The details of the private sale conveyance, deed conditions, sale documents, marketing and maintenance oflots, ultimate sale oflots to End Users, and reimbursement to the County are all set forth in that Property Transfer and Appropriation Agreement approved by HCPC on March 19 , 2020, a copy of which is attached. Subject to the County Manager's approval , I request that the attached Property Transfer and Appropriation Agreement Between Harnett County, North Carolina and HCPC be included on the next regular meeting agenda of the Hamett County Board of Commissioners for the Board's consideration. Also attached is a proposed Resolution by the Harnett County Board o f Commissioners Authorizing the Conveyance of Real Property By Private Sale. If you should have any questions regarding this request then please feel free to contact me. 040620 HCBOC Page 164 DWS :ta Enc. Sincerely yours, 1),,,/,,(/cJ.~ Dwight W . Snow Hamett County Attorney cc: Paula Stewart, County Manager (pstewart@hamett.org) Angie Stewart, Economic Development Department (astewart@harnett.org) 040620 HCBOC Page 165 RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE CONVEYANCE OF REAL PROPERTY BY PRIVATE SALE THAT WHEREAS, Harnett County, North Carolina (the "County) is a valid 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; and WHEREAS, pursuant to G.S. §158-7 .1 the County has the authority to acquire and develop land for business/industrial parks as a public purpose; as a result of this authority the County has procured and developed certain real property known as the Brightwater Science and Technology Campus located in Neills Creek Township, Harnett County, NC; and WHEREAS, Harnett County Properties Corporation (HCPC) Is a North Carolina non-profit corporation which was formed to provide assistance to the County in furthering the public purpose of economic development in Harnett County; that pursuant to G.S. §153A-449 the County may contract with and appropriate funds to any corporation in order to carry out any public purpose that the County is authorized by law to engage in; furthermore, pursuant to G.S. §160A-279, whenever a county may appropriate funds to any private entity which carries out a public purpose, the county may, i n lieu of or in addition to the appropriation of funds, convey by private sale to such entity any real or personal property which it owns; and WHEREAS, the County and HCPC have negotiated a Property Transfer and Appropriation Agreement dated April 6, 2020 whereby the County agrees to convey by private sale lots 6 thru 16 of Brightwater Subdivision, Phase Ill containing 26.41± acres as shown on Map# 2019-78, Harnett County Registry, in order for HCPC to assist the County in carrying out the public purpose of economic development, and HCPC is willing to accept the land conveyance and assist the County in its economic development efforts pursuant to said Agreement terms. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETI COUNTY BOARD OF COMMISSIONERS AS FOLLOWS : 1. Pursuant to G.S.§160A-279 and §lGOA-267, the Board of Commissioners does hereby authorize the disposition by private sale of that certain real property tract to Harnett County Properties Corporation described as follows: BEING all of Lots 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of Brlghtwater Subdivision, Phase Ill as shown upon that plot and survey by 4D Site Solutions, doted Morch 19, 2018 and recorded at Mop # 2019-78,79, and BO, Harnett County Registry. 2. The sale price for the real property shall be One Million Five Hundred Sixty-Seven Thousand Five Hundred Dollars ($1,567,500) or Fifty-Nine Thousand, Seven Hundred Thirty-Four dollars and Seventy-Six cents ($59,734.76) per acre . The conditions of sale shall be pursuant to that Property 040620 HCBOC Page 166 Transfer and Appropriation Agreement dated April 6, 2020 between Harnett County, North Carolina and HCPC, the terms of which are incorporated herein and approved as part of this Resolution. 3. The Chairman of the Board of Comm i ssioners is authorized to execute the necessary documents to effectuate this conveyance; the Co unty Staff is directed to publish a Notice summarizing the contents of this Resolution once after its adoption w ith no sale or real property conveyance to be consummated until more than ten (10) days after publication pursuant to G.S.160-A-267. Duly adopted this the 5th day of April, 2020. STATE OF NORTH CAROLINA COURT OF HARNITT Howard L. Penny, Chairman Harnett County Board of Commissioners I, Margaret Regina Wheeler, Clerk to the Board of Commissioners of the County of Harnett, North Carolina, DO HEREBY CERTIFIED that the foregoing is a true and exact copy of a resolution entitled, "RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE CONVEYANCE OF REAL PROPERTY BY PRIVATE SALE" adopted by the Board of Commissioners of the County of Harnett, North Carolina at a regular meeting held on the __ day of 2020. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the_ day of 2020. MARGARET REGINA WHEELER Clerk to the Board County of Harnett, North carolina 040620 HCBOC Page 167 PROPERTY TRANSFER AND APPROPRIATION AGREEMENT DATED AS OF THE 6th DAY OF APRIL, 2020 BY AND BETWEEN HARNETT COUNTY, NORTH CAROLINA AND HARNETT COUNTY PROPERTIES CORPORATION 040620 HCBOC Page 168 PROPERTY TRANSFER AND APPROPRIATION AGREEMENT This PROPERTY TRANSFER AND APPROPRIATION AGREEMENT (the "Agreement") is entered into this 61h day of April, 2020 by and between HARNETT COUNTY, NORTH CAROLINA , a political subdivision of the State of North Carolina (the "County") and HARNETT COUNTY PROPERTIES CORPORATION, a North Carolina nonprofit corporation ("HCPC"), with each being referred to singularly as a "Party" and cumulatively as the "Parties". WITNESS ETH WHEREAS , having available a variety of quality certified bu s iness/industrial parks is an es sential need in order to be able to effectively recruit business and industry facilities to the County; WHEREAS , there is a need for more quality, certified business/industrial parks in the County ; WHEREAS, the County has a vital interest in the public purpose of economic development to more effectively recruit companies to locate more business and industrial facilities to the County, and thereby to create more quality jobs for residents of the County, and to diversify and increase the property tax base in the County, in order to maintain a lower property tax rate while at the same time being able to provide services to County residents; 2 040620 HCBOC Page 169 WHEREAS, HCPC is a nonprofit corporation which was formed to provide assistance to the County in furthering the public purpose of economic development by assisting and working cooperatively with the County to develop quality certified business/industrial parks and to construct shell buildings, which will be essential elements in the County's efforts to recruit companies to the County ; WHEREAS, it would be advisable for the County to work with HCPC to accept conveyances of land, acquire land, develop business and industrial parks , and market those parks to recruitment projects in order to limit liability exposure of the County and public funds, and to more effectively carry out these public purposes; WHEREAS, pursuant to G.S . § 158-7 .1 the County has the authority to acquire and develop land for business/industrial parks as a public purpose; WHEREAS, pursuant to G.S. § 153A-449 the County may contract with and appropriate funds to "any person, association, or corporation, in order to carry out any public purpose that the county is authorized by law to engage in"; WHEREAS, pursuant to G. S . §160A-279, whenever a county may appropriate funds to any private entity which carries out a public purpose, the county may "in lieu of or in addition to the appropriation of funds, convey by private sale to such entity any real or personal property which it owns ... "; 3 040620 HCBOC Page 170 WHEREAS, the County desires to convey to HCPC certain land, in order for HCPC to assist the County in carrying out the public purpose of economic development, and HCPC is willing to accept that land conveyance and assist the County in its economic development efforts~ WHEREAS, the County further desires to appropriate to HCPC some or all of the proceeds from the ultimate sale of the property which is the subject of this Agreement to an end user, by allowing HCPC to retain proceeds from that sale, with those appropriated funds to be used by the HCPC for further development of business/industrial parks and to construct shell buildings; and WHEREAS, the Parties desire to enter into this Agreement to fully define the bilateral rights, obligations and commitments between the Parties as to the land conveyance and appropriation set forth herein. NOW THEREFORE, for and in consideration of the mutual covenants and promises set forth herein, the sufficiency of which is acknowledged by the Parties, the Parties agree as follows . I. Property Conveyance. Subsequent to the execution of this Agreement the County will convey to HCPC the property described at Attachment A (the "Property"). The Property will be conveyed by a Special Warranty Deed in the form of a document as shown at Attachment B (the "Deed"). 4 040620 HCBOC Page 171 2 . Obligation of HCPC; Uses of Property . The Parties understand and agree that the purpose of this Agreement is for HCPC to facilitate and further the County's economic development efforts. Consequently, HCPC covenants and agrees that it will only convey portions or all of the Property to an entity, which will be contractually obligated, to make improvements, in a timely manner, to the Property, thereby increasing the property tax base in the County, and to create a significant number of new jobs for residents of the County (the "End User"). The determinations as to those contractual terms between HCPC and the End User, the amount of capital investments which will be required, and the number of new jobs to be created shall be in the sole discretion of the HCPC Board . It is agreed to between the Parties that an End User to which HCPC conveys title would plan, and be contractually obligated, to use the Property for one or more of the following purposes ("Permitted Uses"): a. Manufacturing; b . Distribution ; c . Headquarters; d . Research and development; e . Medical facility for groups of medical practices or service facilities; or f. A substantial, impactful retail and/or office park development, which will have multiple tenants and would have a substantial beneficial impact for the County or a portion of the County. 5 040620 HCBOC Page 172 It is agreed between the Parties that an End User to which HCPC conveys title would not be one, which plans to use the Property for one or more of the following purposes ("Prohibited Uses"): a. Entertainment facility; b. A single professional office, other than medical fac ilities as defined in subsection e above as a Permitted Use; c. A single retail facility or a grouping of a small number of retail facilities, which would not be defined as a Permitted Use under subsection 2f above; d . A nonprofit entity, to include a church; or e. Any other entity, which plans a project that will not create significant increases in new property tax valuations or jobs. The above provisions notwithstanding, if HCPC is in contact with an entity which has plans for a project which would not qualify as a Permitted Use, but which the HCPC Board is of the opinion would constitute a positive gain for the County, the HCPC Board may consult with the County and the County Board of Commissioners (the "County Board") regarding that project and recommend that it be allowed to convey a portion or all of the Property to that End User. The County Board may in its sole discretion, on a case-by-case basis, agree for HCPC to convey property to an End User, which had a project which would not be listed above as a Permitted Use. If the County Board does not agree to the conveyance of a portion or all of the Property to the End 6 040620 HCBOC Page 173 User recommended by the HCPC Board, that determination will be binding on HCPC, without any recourse or appeal. 3. Purchase Price . The Property is conveyed at the price of One Million Five Hundred Sixty-Seven Thousand Five Hundred Dollars ($1,567,500) (the "Purchase Price"). The Purchase Price is agreed to be the fair market value of the Property . HCPC may convey some or all of the Property to an End User as defined in Section 2 above. The conveyance of the Property to an End User may be at a price below, above or equal to the Purchase Price, in the discretion of the HCPC Board. 4. Payment of Purchase Price . Contemporaneously with the conveyance of the Property by the County to HCPC, HCPC will provide to the County a promissory note in the amount of One Million Five Hundred Sixty-Seven Thousand Five Hundred Dollars ($1,567,500) which will provide for interest at the rate of three percent (3%) per annum (the "Note"). The Note will be in the form as shown at Attachment C . The payment obligation evidenced by the Note will be secured by a deed of trust, which will be in the form as shown at Attachment D (the "Deed of Trust"). All or a portion of the principal and accrued interest owed under the Note shall be payable when all or a portion of the Property is conveyed to an End User, unless that repayment obligation is forgiven in whole or in part as an appropriation to HCPC, as provided for under Section 5 herein, or as an incentive inducement for the End User as provided for under Section 6 herein. If a portion, but not all, of the Property is conveyed by HCPC to an End User then the amount to be paid by HCPC to the County shall be the same percentage of the principal and accrued interest owed under the Note at the time of the conveyance by HCPC to the End User as the percentage of portion of 7 040620 HCBOC Page 174 the Property conveyed bears in relation to all of the Property. Upon the payment of a portion or all of the Purchase Price, the County will provided to HCPC a release deed (the "Release Deed") in the form as shown at Attachment E, that will release that portion of the Property from the Deed of Trust so that HCPC can convey clear title to the End User. The Release Deed will be provided contemporaneously with the payment of the amount due under the Note or the forgiveness of all or portion of the payment as provided for in Section 5 or Section 6 herein. 5. Appropriation to HCPC. The County Board may in its sole discretion, on a case by case basis, choose to forgive the repayment of all or a portion of any payment on the debt evidenced by the Note as an appropriation of those funds to HCPC. Any such appropriation of funds shal1 be under the authority of and in compliance with G.S . §153A-449. Such funds shall be used by HCPC solely for the public purpose of promoting and supporting economic development within the County . Uses of these funds, which will be allowed, include : a. Uses of funds which would be permitted for the County pursuant to G.S. §158-7.l(b); b . Payment for legal and accounting services necessary in connection with HCPC discharging its duties; c. Payment of amounts owed to the County to repay debts on a property conveyance covered by this Agreement or any other similar agreements; d . Marketing expenses for property owned by HCPC, provided that the marketing efforts being paid for are carried out in conjunction and full cooperation with the County's economic development program, which shall 8 040620 HCBOC Page 175 have the lead responsibility for marketing all business parks and shell buildings owned by HCPC; c . Cooperative payments to and in conjunction with any private sector entity that develops property or constructs shell buildings in cooperation with HCPC as a public private partnership effort; f. Costs related to engineering and analyses and other professional assistance needed to certify any business/industrial park as to evaluate any building improvements. g. Costs related to site evaluations or other costs in connection with the recruitment of an End User to locate a facility on the Property; and h. Such other expenses as may be necessary for HCPC to carry out its obligations under and expectations in connection with this Agreement and any other similar agreement between the County and HCPC. The receipt and utilization of any appropriated funds under this Agreement shall be subject to the reporting requirements set forth in Section 9 herein, and the audit requirements set forth in Section 11. 6. Incentive Inducement. With input from and consultation with the HCPC Board, the County Board may, in its sole discretion on a case by case basis, choose to forgive all or a portion of any payment on the debt evidenced by the Note as an incentive inducement for an End User being recruited to locate a facility on the Property. In the event that the County Board does choose to do so, HCPC shall reduce the amount of the purchase price payable by an End User to 9 040620 HCBOC Page 176 HCPC in an amount equal to the amount of the incentive inducement, or shall reduce any lease payment from the End User to HCPC by an amount necessary to reflect the incentive inducement granted by the County Board. 7. Contractual Obligations of End User. HCPC shall require any End User, which receives a conveyance of all, or a portion of the Property to be bound by contractual commitments to assure that the End User meets certain performance commitments and that thereby the County realizes the economic development benefits commensurate with the disposition of the Property. These terms may include, but are not limited to, some or all of the following terms: a. Commitments to begin or complete improvements to the Property within stated periods of time; b . Minimum expected levels of capital investments in real estate improvements, and/or personal property to be completed within stated periods of time; c. Numbers of new jobs to be created within stated periods of time; d. Average wage levels of the new jobs to be created; e. Any other economic development benefits to be realized from the End User's project; f. Re-conveyance of the Property if improvements to the Property are not undertaken within the stated period of time; g. Partial or complete reimbursement (clawback) requirements if the End-User fails to meet or maintain for required periods of time the performance 10 040620 HCBOC Page 177 commitments of the End User as to capital investments, jobs created, wage levels, or other requirements; and/or h . Other terms and conditions deemed to be prudent by the HCPC Board. If the County forgives a portion or all of any payment on the debt evidenced by the Note as an incentive inducement, the County will have an incentive agreement between the County and End User. In this event, HCPC will cooperate fully with the County to assure that any agreement between HCPC and the End User is consistent and coordinated with the County's incentive agreement. 8 . Staffing. HCPC will be staffed by one or more representatives of the County's economic development program. This staffing assistance shall be at no cost to HCPC. 9. Reporting . The HCPC Board shall on or about the first meetings of the County Board in July and January of each year make reports to the County Board regarding the status and disposition of the Property, the utilization of all funds appropriated to HCPC, the performance of End Users as to all of their performance commitments, and its efforts to recruit End Users to the Property and any other property or building purchased or developed by HCPC with appropriated funds. The HCPC Board shall elicit and take into account all input from the County Board as to its activities. 10. Cooperative Economic Development Efforts. It is essential that the activities and efforts of HCPC are consistent with and fully supportive of the County's overall economic 11 040620 HCBOC Page 178 development goals and programs. Consequently, the HCPC Board will consult regularly with the staff provided by the County and the County Manager to assure that all of its activities are consistent with and supportive of the County's overall economic development goals and programs. 11. Audits . HCPC will annually provide its financial statements to the County. If HCPC has an audit of its financial records conducted annually, it will provide to the County a copy of all such audits. In addition , the County shall have the right at any time to conduct an audit of HCPC's financial records, which will be done at the County's sole expense. 12. Indemnification. HCPC hereby agrees to indemnify, protect and save the County and its officers, directors and employees harmless from all liability, obligations, losses, claims, damages, actions, suits, proceedings, costs and expenses, including reasonable attorneys' fees arising out of, connected with, or resulting directly or indirectly from the Property or the transactions contemplated by or relating to this Agreement, including without limitation, the possession, condition, construction or use thereof, insofar as such matters related to events subject to the control of the HCPC and not the County. The indemnification arising under this Section shall survive the Agreement's termination. 13 . Termination. Upon the dissolution of HCPC or HCPC 's insolvency, this Agreement shall be terminated. Upon the termination of this Agreement all property and funds held by HCPC shall be conveyed to the County or another nonprofit entity designated by the County in its sole discretion. Upon the conveyance of all property and funds held by HCPC all 12 040620 HCBOC Page 179 notes from HCPC to the County shall be marked as paid in full and cancelled, and all deeds of trust shall be marked as satisfied. 14 . Assignments . No Party shall sell or assign any interest in or obligation under this Agreement without the prior express written consent of all the other Party . 15 . Limited Obligation of County . NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS CREATING A PLEDGE OF THE FAITH AND CREDIT OF THE COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL DEBT LIMITATION . NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS DELEGATING GOVERNMENT AL POWERS NOR AS A DONATION OR A LENDING OF THE CREDIT OF THE COUNTY WITHIN THE MEANING OF THE STATE CONSTITUTION. THIS AGREEMENT SHALL NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE COUNTY TO MAKE ANY PAYMENTS BEYOND THOSE APPROPRIATED IN THE COUNTY'S SOLE DISCRETION FOR ANY FISCAL YEAR IN WHICH THIS AGREEMENT SHALL BE IN EFFECT. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED TO PLEDGE OR TO CREATE A LIEN ON ANY CLASS OR SOURCE OF THE COUNTY'S MONEYS , NOR SHALL ANY PROVISION OF THE AGREEMENT RESTRICT TO ANY EXTENT PROHIBITED BY LAW, ANY ACTION OR RIGHT OF ACTION ON THE PART OF ANY FUTURE COUNTY GOVERNING BODY. TO THE EXTENT OF ANY CONFLICT BETWEEN THIS ARTICLE AND ANY OTHER PROVISION OF THIS AGREEMENT, THIS ARTICLE SHALL TAKE PRIORITY. 13 040620 HCBOC Page 180 16. Governing Law. The parties intend that this Agreement shall be governed by the law of the State of North Carolina. 17. Notices. (a) Any communication required or permitted by this Agreement must be in writing except as expressly provided otherwise in this Agreement (b) Any communication shall be sufficiently given and deemed given when delivered by hand or five days after being mailed by first-class mail, postage prepaid, and addressed as follows: ( l) If to HCPC, to: P.O. Box 1270, Lillington, NC 27546 (2) If to the County, to: P.O. Box 759, Lillington, NC 27546 (c) Any addressee may designate additional or different addresses for communications by notice given under this Section to each of the others. 18 . Non-Business Days. If the date for making any payment or the last day for performance of any act or the exercising of any right shall not be a Business Day, such payment shall be made or act performed or right exercised on or before the next preceding Business Day. 19. Severability . If any provision of this Agreement shall be determined to be unenforceable, that shall not affect any other provision of this Agreement. 14 040620 HCBOC Page 181 20. Entire Agreement; Amendments. This Agreement, including Attachments A through E attached, which are incorporated herein and made a part hereof, constitutes the entire contract between the parties, and this Agreement shall not be changed except in writing signed by all the parties. 21. Binding Effect. Subject to the specific provisions of this Agreement, this Agreement shall be binding upon and inure to the benefit of and be enforceable by the Parties and their respective successors and assigns. 22. Time. Time is of the essence in this Agreement and each and all of its provisions. 23 . Liability of Officers and Agents. No officer, agent or employee of the County or the HCPC shall be subject to any personal liability or accountability by reason of the execution of this Agreement or any other documents related to the transactions contemplated hereby. Such officers, agents, or employees shall be deemed to execute such documents in their official capacities only, and not in their individual capacities . This Section shall not relieve any such officer, agent or employee from the performance of any official duty provided by law. 24. Counterparts. This Agreement may be executed in several counterparts, including separate counterparts. Each shall be an original, but all of them together constitute the same instrument. 15 040620 HCBOC Page 182 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their corporate names by their duly authorized officers, all as of the date first above written. HARNETI COUNTY, N.C. Howard L. Penny (Name) Chairman, Hamett County Board of Commissioners (Title) ATIEST: Margaret Regina Wheeler County Clerk This Agreement has been pre-audited to the extent, and in the manner, required by the "Local Government Budget and Fiscal Control Act." Kimberly Honeycutt Finance Officer This Agreement is legally sufficient as to form Dwight Snow. County Attorney 16 HARNETI COUNTY PROPERTIES CORPORATION Walter Weeks President ATTEST: Secretary This Agreement is legally sufficient as to form David McRae Counsel for Harnett County Properties Corporation 040620 HCBOC Page 183 ATTACHMENT A PROPERTY DESCRIPTION BEING ALL of Lots 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of Brightwater Subdivision, Phase III as shown upon that plat and survey by 4D Site Solutions, dated March 19, 2018 and recorded at Map# 2019-78, 79 and 80, Harnett County Registry. 17 040620 HCBOC Page 184 ATTACHMENT B SPECIAL WARRANTY DEED (To be inserted) 18 040620 HCBOC Page 185 Prepared by & return to: David McRae, Bain & McRae, LLP, 65 Bain Street, Lillington, NC 27546 EXCISE TAX: Exempt Harnett County Parcel ID: 11-0650-0005-07 thru 11-0650-0005-17 SPECIAL WARRANTY DEED THIS DEED, made this day of , 2020, by and between HARNETT COUNTY, NORTH CAROLINA, a body politic and political subdivision of the State of North Carolina, of P .O. Box 759, Lillington, NC 27546, hereinafter also referred to as Granter, and the HARNETT COUNTY PROPERTIES CORPORATION, a non-profit corporation, created under and pursuant to the laws of the State of North Carolina, of P.O. Box 1270, Lillington , NC 27546, hereinafter also referred to as Grantee. W I T N E S S ETH: THAT WHEREAS, pursuant to N .C. Gen . Stat. § l 53A-449 and § l 60A-279, and for and in consideration of the sum of One Million, Five Hundred Sixty-Seven Thousand Five Hundred Dollars ($1,567,500), together with other good and valuable consideration unto it passing, the receipt of which is hereby acknowledged, Grantor has bargained and sold and by these presents does bargain, sell, grant and convey unto the Grantee, its successors and assigns, all that certain tract or parcel of land lying and being in Neill's Creek Township, Harnett County, State of North Carolina, and being more particularly described as follows : BEING ALL OF Lots 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of Brightwater Subdivision, Phase III as shown upon that plat and survey by 4D Site Solutions, dated March 19, 2018 and recorded at Map # 2019-78, 79 and 80, Harnett County Registry. TO HA VE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Granter covenants with the Grantee that Grantor has done nothing to impair such title as Granter received, and Granter will warrant and defend the title against the lawful claims of all persons claiming by under or through Granter, other than the exceptions, hereinafter set forth. All or a portion of the property herein conveyed does not include the primary residence of a Granter. (N.C. Gen. Stat. §105-317.2). 040620 HCBOC Page 186 -·-------·---- Title to the property hereinabove described is subject to the following exceptions: a . Utility easements of record. b . Roadways and rights-of-way of record and those visible by inspection of the premises. c . Such facts that an environmental study on the subject property by an environmental engineer would reveal. d . Such facts that are revealed by that survey of the subject tract recorded in Map #2019-78,79, and 80, Harnett County Registry and any other recorded survey maps of the Brightwater Subdivision and/or Brightwater Science and Technology Park. e . Restrictive Covenants of record. f. The terms of that Property Transfer and Appropriation Agreement dated April 6, 2020 between the parties. IN WITNESS WHEREOF, the said Grantor has caused this instrument to be signed in its name by the Chairman of the Hamett County Board of Commissioners and attested by the Clerk to said Board and sealed with the common seal of said County, all under authority granted by the Harnett County Board of Commissioners on the day and year set forth below. This the __ day of _______ , 2020. (OFFICIAL SEAL) ATTEST: Margaret Regina Wheeler, Clerk HARNETT COUNTY, NORTH CAROLINA By:------------(SEAL) Howard L. Penny, Chairman of the Harnett County Board of Commissioners Harnett County Board of Commissioners The execution of this deed was authorized by a Resolution of the Harnett County Board of Commissioners at its regular board meeting on the __ day of , 2020. Notice of this private sale of real property was published in the Dunn Daily Record newspaper on ----------• 2020 pursuant to N.C. Gen. Stat.§ l60A-267. Margaret Regina Wheeler, Clerk Harnett County Board of Commissioners 040620 HCBOC Page 187 NORTH CAROLINA HARNETT COUNTY I, the undersigned Notary Public of the County and State aforesaid, certify that Howard L. Penny personally came before me this day who being by me duly sworn, deposes and says: that he is the Chairman of the Harnett County Board of Commissioners and Margaret Regina Wheeler is the Clerk of said Board, that the seal affixed to the foregoing instrument is the official seal of Harnett County, that said instrument was signed by him, attested by said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners of said County, and the said Howard L. Penny acknowledged said instrument to be the act and deed of Harnett County. Witness my hand and official stamp or seal, this day of , 2020. Notary Public Printed Name of Notary My commission expires: 040620 HCBOC Page 188 ATTACHMENT C PROMISSORY NOTE (To be inserted) 19 040620 HCBOC Page 189 SATISFACTION: The debt eviden ced by this Note has been satisfied in full thi s __ day of , 20_ Signed :--------- $1,567,500.00 PURCHASE MONEY PROMISSORY NOTE Lillington, N .C. --------~,2020 FORVALUE RECEIVED the undersigned, promises to pay to Harnett County, North Carolina (holder), or order, the principal sum of One Million Five Hundred Sixty-Seven Thousand Five Hundred Dollars ($1,567,500.00), with interest from date of Note, at the rate of three per cent (3 % ) per annum on the unpaid balance until paid or until default, both principal and interest payable in lawful money of the United States of America, at the office of 420 McKinney Parkway, Lillington, NC 27546 or at such place as the legal holder hereof may designate in writing. It is understood and agreed that additional amounts may be advanced by the holder hereof as provided in the instruments, if any, securing this Note and such advances will be added to the principal of this Note and will accrue interest at the above specified rate of interest from the date of advance until paid. The principal and interest shall be due and payable as follows : When all or a portion of the real property upon which this Note is secured by a Deed of Trust is conveyed to an End User grantee pursuant to the provisions of that Property Transfer and Appropriation Agreement dated April 6, 2020 between Harnett County, NC and Harnett County Properties Corporation. If payable in installments, each such installment shall , unless otherwise provided , be applied first to payment of interest then accrued and due on the unpaid principal balance, with the remainder applied to the unpaid principal. Unless otherwise provided, this Note may be prepaid in full or in part at any time without penalty or premium. Partial payments shall be applied to installments due in reverse order of their maturity. In the event of (a) default in payment of any installment of principal or interest hereof as the same becomes due and such default is not cured within fifteen ( 15) days from the due date, or (b) default under the terms of any instrument securing this Note, and such default is not cured within fifteen ( 15) days after written notice to maker, then in either such event the holder may without further notice, declare the remainder of the principal sum, together with all interest accrued thereon and, the prepayment premium, if any, at once due and payable. Failure to exercise this option shall not constitute a waiver of the right to exercise the same at any other time . The unpaid principal of this Note and any part thereof, accrued interest and all other sums due under this Note and the Deed of Trust, if any, shall bear interest at the rate of eight per cent (8%) per annum after default until paid. All parties to this Note, including maker and any sureties, endorsers, or guarantors hereby waive protest, presentment, notice of dishonor, and notice of acceleration of maturity and agree to continue to remain bound for the payment of principal, interest and all other sums due under this Note and the Deed of Trust notwithstanding any change or changes by way of release, surrender, exchange, modification or substitution of any security for this Note or by way of any extension or extensions of time for the payment of principal and interest; and all such parties waive all and every kind of notice of such charge or charges and agree that the same may be made without notice or consent of any of them. Upon default the holder of this Note may employ an attorney to enforce the holder's rights and remedies, and the maker, principal, surety, guarantor and endorsers of this Note hereby agree to pay to the holder reasonable attorney N .C . Ba r Assoc. Fo rm No. 4 © 1976, Revised© 1985 • Print ed by Agreement with the N. C. Bar A ssoc. #003 040620 HCBOC Page 190 fees not exceeding a sum equal to fifteen percent (15%) of the outstanding balance owing on said Note, plus all other reasonable expenses incurred by the holder in exercising any of the holder's rights and remedies upon default . The rights and remedies of the holder as provided in this Note and any instrument securing this Note shall be cumulative and may be pursued singly, successively, or together against the property described in the Deed of Trust or any other funds, property or security held by the holder for payment or security, in the sole discretion of the holder. The failure to exercise any such right or remedy shall not be a waiver or release of such rights or remedies or the right to exercise any of them at another time . This Note is to be governed and construed in accordance with the laws of the State of North Carolina. This Note is given as consideration for monies loaned, and is secured by a Purchase Money Deed of Trust which is a first mortgage lien upon the property therein described; this Purchase Money Promissory Note is subject to the anti-deficiency provisions of N.C. General Statutes §45-21.38. Harnett County Properties Corporation By: Walter Weeks, President N.C. Bar Assoc. Form No. 4 © 1976, Revised© 1985 • Printed by Agreement with the N. C. Bar Assoc:. #0 03 040620 HCBOC Page 191 ATTACHMENT D DEED OF TRUST (To be inserted) 20 040620 HCBOC Page 192 PURCHASE MONEY NORTH CAROLINA DEED OF TRUST SATISFACTION: The debt secured by the within Deed of Trust together with the note(s) secured thereby has been satisfied in full. This the ___ day of ___________ _ Signed: Parcel Identifier No.11-0650-0005-07 thru l 1-00650-0005-17 Mail after recording to David McRae, 65 Bain St, Lillington, NC 27546. This instrument prepared by David McRae, 65 Bain St, Lillin ton, NC 27546. Brief Description for the index Lots 6 thru 16, 26.241 acres Brightwater Subdivision, Phase III, Map#2019·78,79,80 THIS DEED of TRUST made this the ___ day of _______ , 2020, by and between: GRANTOR HARNETT COUNTY PROPERTIES CORPORATION P.O. BOX 1270 LILLINGTON, NC 27546 TRUSTEE DWIGHT W. SNOW P.O. BOX 397 DUNN, NC 28335 N.C. Bar Assoc. Form No. 5 © 1976, Revised ©September 1985, 2002 Printed by Agreement with the N .C. Bar Association -1981 BENEFICIARY HARNETT COUNTY, NORTH CAROLINA P.O. BOX 759 LILLINGTON, NC 27546 040620 HCBOC Page 193 Enter in appropriate block for each party: name address, and, if appropriate, character of entity, e .g . corporation or partnership The designation Grantor, Trustee, and Beneficiary as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESS ETH, That whereas the Grantor is indebted to the Beneficiary in the principal sum of One Million Five Hundred Sixty-Seven Thousand Five Hundred Dollars ($1,567,500), as evidenced by a Purchase Money Promissory Note (Note) of even date herewith, the terms of which are incorporated herein by reference. The final due date for payments of said Note, if not sooner paid, is pursuant to that Property Transfer and Appropriation Agreement dated April 6, 2020 between the Grantor and Beneficiary. NOW, THEREFORE, as security for said indebtedness, advancements and other sums expended by Beneficiary pursuant to this Deed of Trust and costs of collection (including attorneys fees as provided in the Note) and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor has bargained, sold, given and conveyed and does by these presents bargain, sell, give, grant and convey to said Trustee, his successors or assigns, the parcel of land situated in Neills Creek Township, Harnett County, North Carolina, (the "Premises") and more particularly described as follows: BEING ALL OF UJts 6, 7, 8, 9, IO, 11, 12, 13, 14, 15 and 16 of Brightwater Subdivision, Phase Ill as shown upon that plat and survey by 4D Site Solutions, dated March 19, 2018 and recorded at Map# 2019-78, 79 and 80, Harnett County Registry. TO HA VE AND TO HOLD said Premises with all privileges and appurtenances thereunto belonging, to said Trustee, his heirs, successors, and assigns forever, upon the trusts, terms and conditions, and for the uses hereinafter set forth . If the Grantor shall pay the Note secured hereby in accordance with its terms, together with interest thereon, and any renewals or extensions thereof in whole or in part, all other s ums secured hereby and shall comply with all of the covenants, terms and conditions of this Deed of Trust, then this conveyance shall be null and void and may be canceled of record at the request and the expense of the Grantor. If, however, there shall be any default (a) in the payment of any sums due under the Note, this Deed of Trust or any other instrument securing the Note and such default is nor cured within ten ( 10) days from the due date, or (b) if there shall be default in any of the other covenants, terms or conditions of the Note secured hereby, or any failure or neglect to comply with the covenants, terms or conditions contained in this Deed of Trust or any other instrument securing the Note and such default is not cured within fifteen ( 15) days after written notice, then and in any of such events, without further notice, it shall be lawful for and the duty of the Trustee, upon request of the Beneficiary, to sell the land herein conveyed at public auction for cash, after having first giving such notice of hearing as to commencement of foreclosure proceedings and obtained such findings or feave of court as may then be required by law and giving such notice and advertising the time and place of such sale in such manner as may be provided by law, and upon such and any resales and upon compliance with the law then relating to foreclosure proceedings under power of sale to convey title to the purdiaser in as full and ample manner as the Trustee is empowered. The Trustee shall be authorized to retain an attorney to represent him in such J>roceedings. The proceeds of the Sale shall after the Trustee retains his commission, together with reasonable attorneys fees incurred by the Trustee in such proceedings, be applied to the costs of sale, including, but not limited to, costs of collection, taxes, assessments, costs of recording, service fees and incidental expenditures, the amount due on the Note hereby secured and advancements and other sums expended by the Beneficiary according to the provisions hereof and otherwise as required by the then existing law relating to foreclosures. The Trustee's commission shall be five percent (5%) of the gross proceeds of the sale or the minimum sum of $ 300.00 whichever is greater, for a completed foreclosure. In the event N.C. Bar Assoc . Form No. 5 © 1976, Revised ©September 1985, 2002 Printed by Agreement with the N.C. Bar Association -1981 040620 HCBOC Page 194 foreclosure is commenced, but not completed, the Grantor shall pay all expenses incurred by Trustee, including reasonable attorneys fees , and a partial commission computed on five per cent (5%) of the outstandmg indebtedness or the above stated minimum sum, whichever is greater, in accordance with the following schedule, to-wit: one-fourth(%) thereof before the Trustee issues a notice of hearing on the right to foreclosure; one-half (Y2) thereof after issuance of said notice, three-fourths(%) thereof after such hearing; and the greater of the full commission or minimum sum after the initial sale. And the said Grantor does hereby covenant and agree with the Trustee as follows: 1. INSURANCE. Granter shall keep all improvements on said land, now or hereafter erected, constantly insured for the benefit of the Beneficiary against loss by fire, windstorm and such other casualties and contingencies, in such manner and in such companies and for such amounts, not less than that amount necessary to pay the sum secured by this Deed of Trust, and as may be satisfactory to the Beneficiary. Granter shall purchase such insurance, pay all premiums therefor, and shall deliver to Beneficiary such QOlicies along with evidence of premium payments as long as the Note secured hereby remains unpaid. If Grantor fails to purchase such insurance, pay premiums therefor or deliver said policies along with evidence of payment of premiums thereon, then Beneficiary, at his option, may purchase such insurance. Such amounts paid by Beneficiary shall be added to the principal of the Note by this Deed of Trust, and shall be due and payable upon demand of Beneficiary . All proceeds from any insurance so maintained shall at the option of Beneficiary be af plied to the debt secured hereby and if payable in installments, applied in the inverse order of maturity o such installments or to the repair or reconstruction of any improvements located upon the Property. 2. TAXES, ASSESSMENTS, CHARGES . Granter shall pay all taxes, assessments and charges as may be lawfully levied against said Premises within thirty (30) days after the same shall become due. In the event that Granter fails to so pay all taxes, assessments and charges as herein reC1,uired, then Beneficiary, at his option, may pay the same and the amounts so paid shall be added to the principal of the Note secured by this Deed of Trust, and shall be due and payable upon demand of Beneficiary. 3. ASSIGNMENTS OF RENTS AND PROFIT. Grantor assigns to Beneficiary, in the event of default, all rents and profits from the land and any improvements thereon, and authorizes Beneficiary to enter upon and take possession of such land and improvements, to rent same, at any reasonable rate of rent determined by Beneficiary, and after deducting from any such rents the cost of reletting and collection, to apply the remainder to the debt secured hereby. 4. PARTIAL RELEASE. Grantor shall not be entitled to the partial release of any of the above described property unless a specific provision providing therefor is included in this Deed of Trust. In the event a partial release provision 1s included in this Deed of Trust, Grantor must strictly comply with the terms tliereof. Notwithstanding anything herein contained, Grantor shall not be entitled to any release of property unless Grantor is not in default and is in full compliance with all of the terms and provisions of the Note, this Deed of Trust, and any other instrument that may be securing said Note. 5. WASTE. The Grantor covenants that he will keep the Premises herein conveyed in as good order, repair and condition as they are now, reasonable wear and tear excepted, and will comply with all governmental requirements respecting the Premises or their use, and that he will not commit or permit any waste . 6. CONDEMNATION. In the event that any or all of the Premises shall be condemned and taken under the power of eminent domain, Grantor shall give immediate written notice to Beneficiary and Beneficiary shall have the right to receive and collect alf damages awarded by reason of such taking, and the right to such damages hereby is assigned to Beneficiary who shall have the discretion to apply the amount so received or any part thereof, to the indebtedness due hereunder and if payable in installments, applied in the inverse order of maturity of such installments, or to any alteration, repair or restoration of the Premises by Grantor. 7 . WARRANTIES . Grantor covenants with Trustee and Beneficiary that he is seized of the Premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that he will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 8. SUBSTITUTION OF TRUSTEE. Grantor and Trustee covenant and agree to and with Beneficiary that in case the said Trustee, or any successor trustee, shall die, become incapable of acting, renounce his trust, or for any reason the holder of the Note desires to replace said Trustee, then the holder may appoint, in writing, a trustee to take the place of the Trustee; and upon the probate and registration of the same, the trustee thus appointed shall succeed to all rights, powers and duties of the Trustee. N .C. Bar Assoc. Form No. 5 © 1976, Revised ©September 1985, 2002 Printed by Agreement with the N .C. Bar Association -1981 040620 HCBOC Page 195 [] THE FOLLOWING PARAGRAPH, 9. SALE OF PREMISES, SHALL NOT APPLY UNLESS THE BLOCK TO THE LEFT MARGIN OF THIS SENTENCE IS MARKED AND/OR INITIALED. 9. SALE OF PREMISES. Grantor agrees that if the Premises or any part thereof or interest therein is sold, assisned, transferred, convexed or otherwise alienated by Grantor, whether voluntary or involuntary or by operation of law [other than: (1) the creation of a lien or other encumbrance to this Deed of Trust which does not relate to a transfer of rights of occupancy in the Premises; (ii) the creation of a purchase money security interest for household appliances; (iii) a transfer by devise, descent, or operation of law on the death of a joint tenant or tenant by the entirety; (iv) the grant of a leasehold interest of three (3) years or less not containing an option to purchase; (v) a transfer to a relative resulting from the death of a Grantor; (vi) a transfer where the spouse or children of the Grantor become the owner of the Premises; (vii) a transfer resulting from a decree of a dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Grantor becomes an ownerofthe Premises; (viii) a transfer into an inter vivos trust in which the Grantor is and remains a beneficiary and which does not relate to a transfer of occupancy in the Premises], without the prior consent of Beneficiary, Beneficiary, at its own option, may declare the Note secured hereby and all other obligations hereunder to be forthwith due and payable. Any change in the legal or equitable title of the Premises or in the beneficial ownership of the Premises, including the sale, conveyance or disposition of a majority interest in the Grantor if a corporation or partnership, whether or not of record and whether or not for consideration, shall be deemed to be the transfer of an interest in the Premises. 10. ADVANCEMENTS. If Grantor shall fail to perform any of the covenants or obligations contained herein or in any other instrument given as additional security for the Note secured hereby, the Beneficiary may, but without obligation, make advances to perform such covenants or obligations, and all such sums so advanced shall be added to the principal sum, shall bear interest at the rate provided in the Note secured hereby for sums due after default and shall be due from Grantor on demand of the Beneficiary. No advancement or anything contained in this paragraph shall constitute a waiver by Beneficiary or prevent such failure to perform from constituting an event of default. 11. INDEMNITY. If any suit or proceeding be brought against the Trustee or Beneficiary or if any suit or proceeding be brought which may affect the value or title of the Premises, Grantor shall defend, indemnify and hold harmless and on demand reimburse Trustee or Beneficiary from any loss, cost, damage or expense and any sums expended by Trustee or Beneficiary shall bear interest as provided in the Note secured hereby for sums due after default and shall be due and payable on demand. 12. WAIVERS. Grantor waives all rights to require marshalling of assets by the Trustee or Beneficiary. No delay or omission of the Trustee or Beneficiary in the exercise of any right, power or remedy arising under the Note or this Deed of Trust shall be deemed a waiver of any default or acquiescence therein or shall impair or waive the exercise of such right, power or remedy by Trustee or Beneficiary at any other time. 13 . CIVIL ACTION. In the event that the Trustee is named as a party to any civil action as Trustee in this Deed of Trust, the Trustee shall be entitled to employ an attorney at law, including himself if he is a licensed attorney, to represent him in said action and the reasonable attorney's fee of the Trustee in such action be paid by the Beneficiary and added to the principal of the Note secured by this Deed of Trust and bear mterest at the rate provided in the Note for sums due after default. 14. PRIOR LIENS . Default under the terms of any instrument secured by a lien to which this Deed of Trust is subordinate shall constitute default hereunder. 15 . OTHER TERMS . IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. N .C. Bar Assoc . Form No . 5 © 1976, Revised ©September 1985, 2002 Printed by Agreement with the N.C . Bar Association -1981 040620 HCBOC Page 196 HARNETT COUNTY PROPERTIES CORPORATION By : _________ _ Walter Weeks President ---==;a.....;..a.==----- A TT EST: -----------Secretary (Corporate Seal) Ill NORTH CAROLINA .. -••• .. , SEAL- STAMP ::" County of ______ _ _________ (SEAL) _________ (SEAL) _ _______ (SEAL) ________ (SEAL) I, the undersigned Notary Public of the County and State aforesaid, certify that Walter Weeks personally came before me this day and acknowledged that he is President of Harnett County Properties Corporation, a North Carolina corporation, and that he, as President, being authorized to do so, executed the foregoing on behalf of the corporation. Witness my hand and official stamp or seal, this __ day of -------· 2020. My commission expires: N.C. Bar Assoc. Form No. 5 © 1976, Revised ©September 1985 , 2002 Printed by Agreement with the N .C . Bar Association -1981 Notary Public Printed Name of Notary Public 040620 HCBOC Page 197 ATTACHMENT E RELEASE DEED (To be inserted) 21 040620 HCBOC Page 198 RELEASE DEED Prepared by and mail to: Attorney , David McRae, 65 Bain Street, Lillington, NC 27546 NORTH CAROLINA HARNETT COUNTY THIS RELEASE DEED, made and entered into this __ day of , 2020, by and between HARNETT COUNTY, NORTH CAROLINA hereinafter referred to as "County" or "Note Holder", and HARNETT COUNTY PROPERTIES CORPORATION, hereinafter referred to as "HCPC", all of Harnett County, North Carolina. W IT N E S S ET H: THAT WHEREAS, HCPC heretofore executed to Dwight W . Snow, Trustee and County as Beneficiary, a certain deed of trust, dated and recorded in Book __ , Page __ Harnett County Registry , to secure a certain note therein set out due and payable to the said Note Holder and WHEREAS, HCPC has requested the County as Note Holder, to release from the lien of said deed of trust so much of the land therein conveyed as is hereinafter described, and the said Note Holder, has agreed to do so through this Release Deed instrument. NOW, THEREFORE, County for and in consideration of the sum of ---------------• to it paid by the HCPC , has remised and released and by these presents does remise, release and forever quitclaim unto HCPC and its successors and assigns certain real property situate in Neills Creek Township, Harnett County, North Carolina, and more particularly described as follows : To be described as released. TO HA VE AND TO HOLD the real property to it, HCPC, and its successors a nd assigns, free and discharged from the lien of said deed of trus t hereinabove referred to. 040620 HCBOC Page 199 But it is understood and agreed that this release shall apply only to so much of said real property as is herein expressly described and conveyed, and that the remainder of said real property shall remain subject to the lien of said deed of trust, and shall remain in full force and effect. When reference is made to any Party or Parties, or to the Note Holder or the Note, the singular shall include the plural and the masculine shall include the feminine or the neuter. IN TESTIMONY WHEREOF, the County, as Note Holder has caused this Release Deed to be signed in its name by its and attested by its duly authorized officer and sealed with its corporate seal, the day and year first above written . (OFFICIAL SEAL) ATTEST: Margaret Regina Wheeler, Clerk HARNETT COUNTY, NORTH CAROLINA By: _________ , Chairman of the Harnett County Board of Commissioners Harnett County Board of Commissioners The execution of this deed was approved by the Harnett County Board of Commissioners at its regular board meeting on the __ day of , 2020. Margaret Regina Wheeler, Clerk Harnett County Board of Commissioners 2 040620 HCBOC Page 200 NORTH CAROLINA HARNETT COUNTY I, the undersigned Notary Public of the County and State aforesaid, certify that -------------personally came before me this day who being by me duly sworn, deposes and says : that he is the Chairman of the Harnett County Board of Commissioners and Margaret Regina Wheeler is the Clerk of said Board, that the seal affixed to the foregoing instrument is the official seal of Harnett County, that said instrument was signed by him, attested by said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners of said County, and the said Howard L. Penny acknowledged said instrument to be the act and deed of Harnett County. Witness my hand and official stamp or seal, this day of , 2020. Notary Public Printed Name of Notary Public My commission expires: 3 040620 HCBOC Page 201 DWIGHT W. SNOW A ITORNEY AT LAW 302 W. EDGERTON STREET TELEPHONE 910-892·8199 FACSIMILE 910-892-S487 DUNN , NORTH CAROLINA 28334 VIA EMAIL: gwheeler@harnett.org Ms. Margaret Regina Wheeler Clerk to the Board of Commissioners County of Harnett, North Carolina March 30, 2020 AGENDA ITEM / D MAILING ADDRESS P.O. BOX 397 DUNN, NC 2833S email : dwight@dsnowattomey .com Re: Proposed acceptance by Hamett County of easement and railroad right of way corridor from Hanson Aggregates Southeast LLC Dear Gina: Carl Davis, Director of the Harnett County Parks & Recreation Department, together with certain Hamett County citizens, specifically including Attorney David McRae, have had the vision of expanding the recreational greenway plans for Harnett County to include a rail trail extending from the Town of Lillington westbound to the vicinity of Raven Rock State Park. A natural basis for this project would be the railroad corridor which was established by Becker County Sand and Gravel Company in the 1960's as part of its sand and gravel mining and transport operations in Hamett County. Since that time, Becker County Sand and Gravel Company has evolved into Lehigh Hanson, Inc., and the need for this particular railroad corridor for Lehigh Hanson's business operations in Harnett County has tenninated. The rails along the railroad corridor have long been removed, but the constructed railroad bed foundation still exists. Carl Davis contacted Tony Garino, the Southeast region land manager for Lehigh Hanson, Inc. and shared with him Harnett County's proposal to use the old Becker Sand and Gravel railroad corridor as a future greenway extension from the Town of Lillington to hopefully the boundary of Raven Rock State Park. In response to the County's proposal, Lehigh Hanson, Inc. through its affiliate, Hanson Aggregates Southeast LLC has offered a Non-Warranty Deed which would convey to Harnett County Hanson's titled interest in that perpetual easement and railroad right of way corridor which has a width of 100 feet, the centerline of which extends over nine real property deed tracts. Attached is a copy of the executed Non-Warranty Deed. Subject to the approval of the County Manager, I hereby request that the offered Non- Warranty Deed be placed on the next regular meeting agenda for the Hamett County Board of Commissioners for its consideration and grateful acceptance. 040620 HCBOC Page 202 Please feel free to contact me with any questions regarding this request. DWS:ta Enc. Sincerely yours, Dwight W. Snow Harnett County Attorney cc: Paula Stewart, County Manager (pstewart@harnett.org) Brian Haney, Asst. County Manager (bhaney@harnett.org) Carl Davis, Parks & Recreation Department ( cdavis@hamett.org) 040620 HCBOC Page 203 • Prepared by and mail to: Dwight W. Snow, Attorney at Law, P .O. Box 397, Dunn, N.C. 28335 Revenue: $0.00 NON-WARRANTY DEED THE STATE OF NORTH CAROLINA COUNTY OF HARNETT THIS DEED made and entered into this Fi ~ -.J~ day of ~rko20, by and between HANSON AGGREGATES SOUTHEAST LLC, a Delaware Limited Liability Company of 300 East John Carpenter Freeway, Irving, Texas 75063 which acquired title by the previous name of BECKER COUNTY SAND AND GRAVEL COMPANY which was also known as BECKER SAND & ORA VEL COMPANY, INC., hereinafter called Grantor and COUNTY OF HARNETT, NORTH CAROLINA of 102 Front Street, Lillington, NC 27546, hereinafter called Grantee; WITNESSETH That said Grantor, for valuable consideration to it in hand paid, the receipt of which is hereby acknowledged, has remised and released and by these presents does remise, release and convey unto the Grantee, its successors and assigns in fee simple, all right, title claim and interest of the Grantor in and to all of its right of way, easement and other property, on those parcels of land situated in either Upper Little River Township or Lillington Township, Hamett County, North Carolina and more particularly described as follows: 040620 HCBOC Page 204 040620 HCBOC Page 205 EXHIBIT A BEING all of a perpetual easement and railroad right of way corridor which has a width of one hundred (100) feet the centerline of which (with fifty (SO) feet on each side) is more particularly described in metes and bounds as follows: Right of Way Easement Tract One: (running through Parcel ID No.: 130631 0049) BEGINNING at a point in the W.C. Gilchrist line, said point being 350 feet westerly from a comer with the W. C. Gilchrist; thence South 45 degrees 00 minutes East 94.2 feet; thence South 52 degrees 03 minutes East 287.50 feet; thence South 51 degrees 03 minutes East 19 .3 feet; thence South 46 degrees 03 minutes East 100 feet ; thence South 42 degrees 45 minutes East 66 feet to point in the line between this tract and W.C. Gilchrist, said point being 322 feet South of the above mentioned comer with Gilchrist The above described right of way easement is the same property described in that deed to Grantor recorded in Book 480, Page 2, Hamett County Registry . Right of Way Easement Tract Two: (running through Parcel ID Nos.: 130640 0086 06; 130640 0086 05; 130640 0086 04; 130640 0086 03; 130640 0086 02 & 130640 0086 01) BEGINNING at a stake in the dividing line of the lands between Mollie Gilchrist Estate and W.C. Gilchrist at a point 138Vi feet North of the comer of the W .C. Gilchrist land with Christian and Mollie Gilchrist Estate and runs thence in a easterly direction 557 feet; thence in a southerly direction along the Christian-Gilchrist line 812 feet; thence in an easterly direction and almost parallel to Blacksmith Creek 841 feet to a stake in the dividing line between W .C. Gilchrist and Wade Gilchrist at a point 177 feet from the southeastern comer of the W .C . Gilchrist property. At the two points where the direction changes in the description contained above a five degree curve will be made rather than an angle as described. For a more complete description see plat prepared by W .R. Lambert, Registered Surveyor in November, 1965 . The above described right of way easement is the same property described in that deed to Grantor recorded in Book 477, Page 132, Harnett County Registry . Right of Way Easement Tract Three: (running through Parcel ID No.: 130640 0079) BEGINNING at a point in the W.C. Gilchrist line, said point being North 28 degrees 15 minutes East 177 feet from a iron stake on Blacksmith Creek and runs thence South 52 degrees 03 minutes East 1068 feet to a point in the 0 .8 . Thomas line, said point being North 28 degrees 15 minutes East 625 feet from an iron stake on Blacksmith Creek, a comer with O.B . Thomas. The above described right of way easement is the same property described in that deed to Grantor recorded in Book 480, Page 7 , Harnett County Registry . 040620 HCBOC Page 206 Right of Way Easement Tract Four: (running through Parcel ID No.: 130631 0052) BEGINNING at a point in the Wade Gilchrist line, said point being North 28 degrees 15 minutes East 625 feet from an iron stake, a comer with Wade Gilchrist; thence South 52 degrees 03 minutes East 1418 feet to a point of curve; thence with the curve South 5 5 degrees 16 minutes East 74 feet; South 61 degrees 16 minutes East 100 feet ; South 67 degrees 16 minutes East 100 feet; South 73 degrees 16 minutes East 100 feet ; South 79 degrees 16 minutes East 100 feet; South 83 degrees 31 minutes East 75 feet to the run of Blacksmith Creek, the line between Thomas and J .H . Atkins . The above described right of way easement is the same property described in that deed to Gr antor recorded in Book 475, Page 500, Hamett County Registry . Right of Way Easement Tract Five: (running through Parcel ID Nos.: 100640 0112 & 100640 0112 01) BEGINNING at the run of Blacksmith Creek, the line between Atkins and 0 .B . Thomas; thence on a curve South 85 degrees 16 minutes East 25 feet ; thence North 89 degrees 16 minutes East 100 feet; thence North 83 degrees 16 minutes East 100 feet ; thence North 76 degrees 16 minutes East 100 feet; thence North 70 degrees 16 minutes East 100 feet ; thence North 64 degrees 16 minutes East 109 feet; thence on a tangent North 62 degrees 56 minutes East 2351.4 feet to a point of curve; thence North 66 degrees 11 minutes East 64 .2 fe et ; thence North 71 degrees 11 minutes East 100 feet; North 76 degrees 11 minutes East 100 feet ; North 81 degrees 11 minutes East 100 feet; North 86 degrees 11 minutes East 100 feet; North 88 degrees 41 minutes East 50 feet to a point in the line dividing this tract and the Carolite tract, said point being 810 feet and North 50 degrees 30 minutes East from an iron stake, a comer of this tract and J . Hector Atkins. The above described right of way easement is the same property described in that deed to Grantor recorded in Book 480, Page 3, Harnett County Re gistry. Right of Way Easement Tract Six: (running through Parcel ID No .: 100640 0003) BEGINNING at a point 5 feet Northeast of the center line of the River Road at the point the property line of the Atkins' land crosses said road, and runs thence North 76 degrees 13 minutes West 877.9 feet; thence North 28 degrees 47 minutes West 503 .5 feet ; thence North 70 degrees 04 minutes West 1659.5 feet. At the first change in direction the tract shall have a curve of 5 degrees and from the tract to the point in the change of direction shall be 105 . 7 feet; that at the second change in direction there will be a 6 degree curve and the center line shall be 65.5 feet South of the point in change of direction. The center line of said right of way is more particularly described upon a plat prepared June 24, 1966, and which is attached hereto and incorporated here in by reference. The above described right of way easement is the same property described in that deed to Granter recorded in Book 491 , Page 242, Harnett County Registry. 040620 HCBOC Page 207 Right of Way Easement Tract Seven: (running through Parcel ID No.: 100650 0020 01) BEGINNING at a point located North 60 degrees 26 minutes West 72 feet from a concrete monument, comer between 15.48 acre Atkins land and the Carolina Lightweight Aggregate Company, Inc. property and runs thence North 76 degrees 46 minutes West 862 feet to a point; thence North 78 degrees 41 minutes West 77 feet, North 81 degrees 11 minutes West 100 feet, North 83 degrees 41 minutes West 100 feet, and North 86 degrees 11 minutes West 100 feet. The above described right of way easement is the same property described in that deed to Grantor recorded in Book 491, Page 240, Harnett County Registry. Right of Way Easement Tract Eight: (running through Parcel ID No.: 100650 0003) BEGINNING at an iron stake in the Watkins-Spears' Heirs, line 52 feet from the South bank of the Cape Fear River in the edge of the branch and runs thence along the South river bank North 35 degrees 18 minutes West 1072 feet to a stake; North 39 degrees 13 minutes West 98 feet to a stake; North 33 degrees 13 minutes West 100 feet to a stake and North 46 degrees 56 minutes West 72 feet to a stake in the Bass-Watkins line situate 89 feet from a concrete comer on the South bank of the Cape Fear River. The above described right of way easement is the same property described in that deed to Grantor recorded in Book 480, Page 98, Harnett County Registry. Right of Way Easement Tract Nine: (running through Parcel ID No.: 100650 0050) BEGINNING at a stake in the western margin of the Norfolk and Southern right of way at station No. 213 + 90 of the Becker County Sand and Gravel Company spur line project and as designated on a plat prepared by engineers for Becker in January, 1967, and runs thence South 9 degrees 49 minutes West 7 feet to the beginning of a curve, and thence with a six degree curve to the Becker property line. The above described right of way easement is the same property described in that deed to Grantor recorded in Book 480, Page 210, Harnett County Registry. 040620 HCBOC Page 208 Board Meeting Agenda Item AGENDA ITEM f / MEETING DA TE: April 6, 2020 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Request Adoption of Harnett County Greenway Development Capital Project Ordinance REQUESTED BY: Administration REQUEST: Administration requests adoption of the Hamett County Greenway Development Capital Project Ordinance. This project includes the development and implementation of a Bicycle, Pedestrian and Greenway Plan for Hamett County. Once completed and adopted, the plan will allow the County to identify routes for future greenway development and seek grant funds to be combined with future capital outlay for the development of a greenway system throughout Hamett County. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C :\U sers\gwheeler\AppData\Loc al\M icrosoft\ W indows\INetCache\Content. Out look\ W 5 ENE9S Y\2020 . 04 . 0 6 Greenway Proj ect O rdinance Agenda Req uest.docx Page I of2 040620 HCBOC Page 209 Harnett COUNT Y NORTH CAROLINA www.harnett.org HARNETT COUNTY GREENWAY DEVELOPMENT CAPITAL PROJECT ORDINANCE BE IT ORDAINED by the Board of Commissioners of Harnett County, North Carolina, sitting as the governing board for Hamett County. Section I. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7 . Section 8. This project includes development and implementation of a Bicycle, Pedestrian and Greenway Plan for Harnett County, to include engineering and design costs, and contingency. The officers of this unit are hereby directed to proceed with the capital project within the terms of the grant documents, loan documents, and the budget contained herein. The following amounts are hereby appropriated for this project: Engineering/Design $ 65,000 Contingency .aa$ _ ___;::6;.a.;,5:;.a0;..;::0~ Total $ 71,500 The following revenues are anticipated to be available to complete thi s project: Transfer from General Fund $ 71,500 The Finance Officer is hereby directed to maintain within the Capital Project Fund sufficient s pecific detailed accounting records to satisfy the requirements of the grantor agency , the grant agreements, and federal re g ulation s . Funds may be advanced from the General Fund for the purpose of making payments a s due. Reimbursement request should be made to the grantor in an orderly and timely manner. The Finance Officer is directed to report, on a qua1terly basis, on the financial status of each project element in Section 3 and on the total grant revenues received or claimed. Copies of thi s capital project ordinance shall be furnish ed to the Clerk to the Governing Board, and to the Budget Officer and the Finance Officer for direction in carrying out this project. Duly adopted this _ day of ____ , 2020. ATTEST: ___________ _ Margaret Regina Wheeler, Clerk to the Boa rd Harnett County Board of Commissioners strong root s · new growth Howard Penny Jr., Chainnan Harnett County Board of Commiss ioners 040620 HCBOC Page 210 Board Meeting Agenda Item AGENDA ITEM I I M EETING DATE : April 6, 2020 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Bicycle, Pedestrian, and Greenway Plan Contract REQUESTED BY: Parks and Recreation REQUEST : Parks and Recreation request approval of the contract with Alta Planning + Design, Inc for professional services to develop at bicycle, pedestrian, and greenway plan for $65,000. The Plan will outline a County-wide multiuse trail system linking park, schools, muncipalities, cultural points of interest, and residential areas within Harnett and surrounding areas. The Plan will build on ex isting Transportation and Parks planning documents and use current and new public opinion data to designate routes and corridors . These corridors will be priortized using citizen involvement. The top four priorities will receive feasiblity overlays that will identify land acquisition, permitting need s, and cost estimations . The top priority ( 6-8) miles will include a 10% desi gn. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C: \Use rs\gwheeler\AppDa ta\Loca l\Microsoft\ W indows\fNetCache\Co ntent. Outloo k\ W 5 ENE9SY\agendafo nn202 0 _greenw ay plan.docx Page I of I 040620 HCBOC Page 211 > Harnett County Parks and Recreation -Harnett County, NC Bicycle, Pedestrian, and Greenway Plan Alta Planning+ Design, Inc. PROFESSIONAL SERVICES AGREEMENT 00-2020-076 Harnett County, NC Bicycle, Pedestrian, and Greenway Plan PREAMBLE This Agreement, effective as of March 23, 2020, is by and between Alta Planning+ Design, Inc ., hereinafter called "CONSULTANT", and Harnett County Parks and Recreation, hereinafter called "CLIENT". The CLIENT has need for the services of a professional firm with the particular training, ability, knowledge, and experience possessed by the CONSULTANT; therefore, subject to the terms and conditions set forth below, the parties hereto mutually covenant and agree as follows: 1. SCOPE OF AGREEMENT The CONSULTANT shall perform its duties and obligations under this Agreement ("Services") as outlined in the Agreement documents, consisting of the terms and conditions set forth herein, the attached Exhibits, and any Work Order(s) and/or amendments referencing this Agreement as may be executed by written agreement of the parties. In the event of any conflict between the Agreement documents, the relevant Work Order(s) and Exhibits attached thereto shall supersede. If CLIENT is bound to a Prime Agreement with a project OWNER in connection with any Services authorized hereunder, CONSULTANT shall be bound to the applicable portions thereof that prescribe CONSULTANT's obligations to CLIENT and OWNER . This Agreement represents the entire understanding between the parties and shall supersede any prior representation or Agreement, written or oral. The parties hereby acknowledge and represen t that they have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Agreement, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this Agreement. 2. PAYMENT Amount of Payment: CONSULTANT shall be compensated for all goods, materia Is, expenses, and services as set forth in all attached Work Order(s) and Exhibits . Any hourly rates listed are applicable to the current calendar year and may be updated annually. Invoicing and Manner of Payment: The invoices shall describe the Services performed, as detailed in any attached Work Order(s) and/or Exhibits. CONSULTANT shall send invoices to CLIENT's Technical Representative, as identified in any relevant Work Order or Exhibit . CLIENT shall render payment upon any acceptable invoice within 15 days following receipt from CONSULTANT. 3 . STANDARD OF CARE In providing services under this Agreement, the Consultant will endeavor to perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the same locale . Consultant shall not be held responsible for any defects or delays caused by events outside of Consultant's reasonable control. CLIENT acknowledges CONSULTANT has no obligation to commence work for the project(s) under this Agreement until this Agreement and any relevant Work Order(s) are fully executed and effective. CONSULTANT's completion shall not extinguish or prejudice CLIENT's right to enforce this Agreement with respect to any default or defect in CONSULTANT performance. 4. TERMINATION A. Parties' Right to Terminate for Convenience : This Agreement may be terminated at any time by mutual written consent of the parties. Agreed to and initialed by: Page 1 of 3 CONSULTANT: __ _ CLIENT: __ _ 040620 HCBOC Page 212 Harnett County Parks and Recreation -Harnett County, NC Bicycle , Pedestrian, and Greenway Plan Alta Planning+ Design, Inc. B. CLIENT's Right to Terminate for Convenience: CLIENT may terminate this Agreement for any reason after 10 days' prior written notice to CONSUL TANT. C. CONSULTANT's Right to Terminate for Cause: CONSUL TANT may terminate this Agreement after 10 days' prior written notice to CLIENT if CLIENT breaches this Agreement or fails to pay CONSUL TANT pursuant to the terms of this Agreement and CLIENT fails to cure within 10 business days after receipt of CONSULTANT's notice, or such longer period of cure as CONSULTANT may specify· in such notice. Q,_ Remedies: In the event of termination, CONSUL TANT shall be entitled to full payment from CLIENT for Work completed through the date of termination . CLIENT shall have any remedy available to it in law or equity. CONSULTANT'S Tender Upon Termination: Upon receiving or issuing a notice of termination of this Agreement, CONSULTANT shall immediately cease all activities under this Agreement, unless otherwise agreed by the parties. 5 . INSURANCE The CONSULTANT shall obtain prior to the commencement of the Agreement, and shall maintain in full force and effect for the term of this Agreement, at the CONSULTANT 's expense, a commercial general liability policy and automobile liability insurance policy for the protection of the CONSUL TANT, its officers, agents, and employees and the CLIENT. If the insurance policy is issued on a "claims made" basis, then the CONSUL TANT shall continue to obtain and maintain coverage for not less than three years following the completion of the Agreement. The policy shall be issued by a company authorized to do business in the project area , protecting the CONSULTANT against liability for personal and bodily injury, contractual liability, death and property damage, and any other applicable losses or damages with limits not less than (a) $1,000,000 per occurrence and $2,000,000 in the aggregate for commercial general liability insurance policies, and (b) $1,000,000 per occurrence , combined single-limit or $1,000,000 bodily injury and $1,000,000 property damage for automobile liability insurance policies. The insurance company shall provide the CLIENT with a certificate of insurance and an endorsement thereto naming the CLIENT as an additional primary insured . The certificate of insurance shall ensure if any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the po l icy provisions. 6. PROFESSIONAL LIABILITY INSURANCE The CONSULTANT shall provide the CLIENT evidence of professional liability coverage in an amount not less than $1,000,000 per claim. The CONSUL TANT shall keep in force the professional liability policy for at least one year after the expiration of the Agreement with the CLIENT. 7. INDEMNIFICATION CLIENT and CONSULTANT each agree to indemnify and hold the other harmless, and their respective officers, employees, agents, and representatives, from and against liability for all claims, losses, damages, and expenses, including reasonable attorneys' fees , to the extent such claims, losses, damages, or expenses are caused by the indemnifying party's negligent acts , errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of CLIENT and CONSULTANT, they shall be borne by each party in proportion to its negligence . Agreed to and initialed by : Page 2 of 3 CONSULTANT : __ _ CLIENT : __ _ 040620 HCBOC Page 213 Harnett County Park s and Recreation -Harnett County, NC Bicycle , Pedestrian, and Greenway Plan Alta Planning+ Design, Inc. 8 . PUBLICATION RIGHTS/RIGHTS IN DATA The final reports or products and all material contained in the reports {graphics , photos, etc.) shall remain the property of the CONSUL TANT. Delivery of materials produced as a direct re sult of the specific Services performed under this Agreement shall constitute for CLIENT a perpetual, royalty-free license to use said materials for the purpose for which they were intended. Any unauthorized transfer, reproduction or re- use of products delivered by CONSULTANT in connection with Services performed under this Agreement shall be at CLIENT's sole risk. The CONSUL TANT accepts no responsibility for the use of the product beyond the intended purpose of this Agreement. All original written material and other documentation, including background data, documentation, and staff work that is preliminary to final reports, originated and prepared for the project pursuant to this Agreement, shall become exclusively the property of the CONSUL TANT. The ideas, concepts, know-how or techniques relating to data processing developed during the course of this Agreement by the CONSULTANT or CLIENT personnel, or jointly by the CONSULTANT and CLIENT personnel, can be used by either party in any way it may deem appropriate at their sole risk. Material already in the CONSULTANT's possession, independently developed by the CON SU LT ANT outside the scope of this Agreement or rightfully obtained by the CONSUL TANT from third parties , sha II belong to the CONSUL TANT. 9 . CHANGES This Agreement may be amended only by written instrument signed by both the CONSULTANT and the CLIENT. 10. LEGAL VENUE The terms of this Agreement shall be interpreted and governed according to the laws of the state in which the majority of the project work is performed. 11. DISPUTES Prior to filing any claims related to this Agreement in the court of law, the parties shall endeavor in good faith to resolve disputes arising in connection to this agreement by a panel consisting of authorized representatives with the authority to execute agreements between the parties. Alta Planning+ Design, Inc. By : ________ _ Name: Matt Haye s Title: Vice President, as duly authorized Date: Business Addres s: 711 SE Grand Avenue Portland, OR 97214 503-230-9862 phone Employer ID#: 68-0465555 Agree d to and initialed by : CO NSULTA NT: __ _ Harnett County Parks and Recreation By: __________ _ Name: Carl Davis Title : Director Date : Address: 420 McKinney Parkway Lillington, NC 27546 {910) 893-7518 phone CLIENT: __ _ Page 3 of 3 040620 HCBOC Page 214 Harnett County Parks and Recreation -Harnett County, NC Bicycle, Pedestrian, and Greenway Plan Alta Planning + Design, Inc. WORK ORDER NO . 1 Work Order #1 March 23, 2020 In accordance with the Professional Services Agreement between Alta Planning+ Design, Inc. ("CONSULTANT"), and Harnett County Parks and Recreation ("CLIENT"), dated March 23, 2020, this Work Order describes the scope, schedule, and payment terms for CONSULTANT's Services on the Project known as: 00-2020-076 Harnett County. NC Bicycle. Pedestrian, and Greenway Plan CONSULTANT Technical Representative: Jason Reyes Address: Alta Planning+ Design, Inc. 711 SE Grand Avenue Portland, Oregon 97214 Telephone No.: 503-230-9862 Email: jasonreyes@altaplanning.com CLIENT Technical Representative: Carl Davis Address: Harnett County Parks and Recreation 420 McKinney Parkway Lillington, North Carolina 27546 Telephone No.: (910) 893-7S18 Email: cdavis@harnett.org SERVICES. The Services shall be described in the Exhibit(s) to this Work Order. SCHEDULE. Because of the uncertainties inherent in the Services, Schedules are estimated and are subject to revision unless otherwise specifically described herein . PAYMENT & INVOICES. For satisfactory completion of the Services described herein, CONSULTANT shall invoice CLIENT for a total amount not to exceed$ 65,000, in accordance with the Schedule of Fees and Charges attached to this Work Order. The hourly rates listed (if any) are for the current calendar year and may be updated annually. The staff, labor categories and hours listed are subject to change as needed during the course of the performance of Services. Services performed under this Work Order will be billed on a Percent Complete basis. Invoices will be su bmitted monthly showing progress toward milestones or current percent complete for each task. TERMS AND CONDITIONS . The terms and conditions of the Professional Services Agreement referenced above shall apply to this Work Order, except as expressly modified herein. ACCEPTANCE of the terms of this Work Order is acknowledged by the following signatures of duly authorized representatives of the parties. Alta Planning+ Design. Inc. Harnett County Parks and Recreation Signature Date Signature Date Matt Hayes, Vice President, as duly authorized Carl Davis, Director Alta Planning+ Design, Inc. Page 1 of 6 040620 HCBOC Page 215 Harnett County Parks and Recreation -Harnett County, NC Bicycle, Pedestrian, and Greenway Plan Alta Planning + Design, Inc. Project Overview Exhibit A Services Work Order #1 March 23, 2020 The plan will focus on bicycle, pedestrian, and greenway routes and trails, setting the stage for implementation of a County-wide multi-use trail system linking parks , schools, municipalities, cultural points of interest, and residential areas within Harnett and surrounding counties. The goal is to develop a community-supported plan that can be successfully implemented through a capital improvement plan as well as through programmatic strategies and operations. Task 1 : Project Management Alta's Project Manager will be the main point of contact and will provide regular updates through e-mail, telephone, and in-person meetings, along with accurate project invoicing each month. Alta's Principal-in-Charge will oversee the quality control process throughout the life of the project. TASK 1 DELIVERABLES: • Project Management • Quality assurance/Quality control Process • Monthly project summaries with invoices • Phone and e-mail contact with client Task 2: Steering Committee Meetings Alta will lead and facilitate three Steering Committee meetings, beginning with a Steering Committee kick-off meeting. Before the first meeting, we will work with Harnett County staff to define the composition of the Steering Committee . We will generate a study area base map for use during the meeting (see example on next page). Items to be discussed and accomplished at the kick-off meeting include: • Reconfirm project vision and goals • Review scope and determine data needs and responsibilities • Review existing opportunities and deficiencies • Define types of greenway trails • Confirm existing facilities and related projects currently in development (funded, in design, and under construction) (map work session) • Known priority areas within the County (map work session) Meetings can be conducted via Zoom or a similar remote format, if necessary. TASK 2 DELIVERABLES: • Three committee meetings • Committee input maps • Project PPT presentations Alta Planning+ Design, Inc . Page 2 of 6 040620 HCBOC Page 216 Harnett County Parks and Recreation -Harnett County, NC Bicycle, Pedestrian, and Greenway Plan Alta Planning+ Design, Inc. • Meeting summaries • Zoom conferencing (or similar), if necessary Task 3: Opportunities and Constraints TASK 3A EXISTING PLANS AND POLICIES REVIEW The plan will build upon recommendations from several current plans, such as: • Sandhills Regional Bicycle Plan (2019, by Alta) • CAMPO South West Area Study (2018) • Northwest Harnett Small Area Plan (2018) Work Order #1 March 23, 2020 • Harnett County Comprehensive Parks, Recreation, Greenway, and Blueways Master Plan (2017) • Grow Harnett County Comprehensive Growth Plan (2015) • Other regional Transportation Plans and Municipal Plans The review will also cover existing polices related to greenway dedication and development, including recommendations for the County's Unified Development Ordinance, and NCDOT policies for Complete Streets cost sharing. TASK 38 EXISTING AND PLANNED GREENWAYS MAP We have created a draft inventory map that depicts current and proposed parks, open space, greenways, and blueways throughout the county, along with key opportunities and constraints for greenway system development (see next page). Examples of further data to be analyzed include sidewalk data, aerial photography, zoning, land use, census data, rights-of-way, easements, topography, waterways, parks, schools, major commercial centers, destinations, trailhead opportunities, waterway accesses, utility corridors, conservation lands, State Parks lands, and potential environmental issues. With the GIS base mapping completed, we will print maps for use during field work and subsequent meetings. TASK 3 DELIVERABLES: • Policy review • Draft base map TASK 4: Public Involvement TASK 4A PUBLIC COMMENT FORM AND WEBSITE Alta will create an online public comment form (using www.surveymonkey.com) to be launched and held open for a period of time determined at the Kick-Off Meeting. County staff and Alta will work together to launch a project website that provides up-to-date information about the planning process and links to the comment form . Alta Planning+ Design, Inc. Page 3 of 6 040620 HCBOC Page 217 Harnett County Parks and Recreation -Harnett County, NC Bicycle, Pedestrian, and Greenway Plan Alta Planning + Design , Inc. TASK 4C OPEN HOUSE PUBLIC WORKSHOPS Work Order #1 March 23, 2020 In recognition of the public outreach that has already taken place in Harnett County, this planning process will focus on outreach along four of the proposed project corridors (locations TBD), with the goal of getting focused input from nearby areas. Alta will facilitate one stand-alone public workshop for each of the four locations. The County will be responsible for promoting the workshop and inviting participants. Alta will provide the County with meeting flyers and example social media posts for doing so. If necessary, in-person meetings can be substituted with virtual public workshops using Zoom or a similar format, combined with other outreach resources above in 4A . TASK 4 DELIVERABLES: • Online public comment form and project website • Four (4) open house workshops or virtual workshops using Zoom (or similar) if necessary Task 5: Draft Plan TASK SA: PRIORITIZATION OF POTENTIAL GREENWAY CORRIDORS Alta will use the previous tasks to identify greenway corridor segments that are most conducive to implementation. Using GIS, we will illustrate proposed conceptual trail routes. Proposed routes will be prioritized based on a set of weighted criteria to be determined by the project staff and committee. Alta will guide the staff and committee through the prioritization process, starting with criteria and weights used in other similar communities. Having a prioritized set of recommendations will provide focus to the site reviews, the preliminary feasibility review, cost estimating, and implementation process. The prioritization will also offer a rationalization for building .the system in a certain order. TASK SB : SITE REVIEWS FOR PRIORITY SEGMENTS Using information from previous tasks, Alta will conduct site visits for the top four strategic greenway trail segments. In the field, we will focus on determining broad-level feasibility for greenway connections, taking note of opportunities or constraints that may not be evident from the remote analysis. We will pay special attention to roadway, railway, and waterway crossings that would be necessary for connectivity, including on- street bicycle and pedestrian improvements, if necessary. TASK SC : FEASIBILITY OVERVIEW FOR PRIORITY TRAIL SEGMENTS For each of the four priority segments, Alta will identify potential land acquisition and ROW needs, potential permitting needs, potential partnerships, preliminary opinions of costs, and possible grants. Accurate cost estimating will be an important component of the Plan . Where possible, we will rely on recent bids for relevant projects to form the basis of cost opinions. For greenway corridors that are recommended in the plan , but are not among the top priorities, we will provide a set of typical per-unit costs, along with estimated operational costs and staffing needs. Alta will also include 10% design for up to 6-8 miles of the top selected project(s). TASK SD: DRAFT PLAN DEVELOPMENT Alta will prepare a draft plan that includes a comprehensive analysis and recommendations. The overall structure of the plan will include an introduction, an overview of existing conditions, detailed recommendations, proposed greenway mapping, and an implementation strategy . The draft plan will recommend a partnership Alta Planning + Design, Inc. Page 4 of 6 040620 HCBOC Page 218 Harnett County Parks and Recreation -Harnett County, NC Bicycle, Pedestrian, and Greenway Plan Work Order #1 Alta Planning+ Design, Inc . March 23, 2020 structure for future greenways, including potential grants and other funding sources. We will work with County staff to describe the best practices for moving the partnership program forward, and will provide an executive summary so decision -makers and the public easily see the value and big picture of the plan. We will also assist project staff with describing best practices, policies, and programs that will enable the greenway program to operate efficiently. TASK 5 DELIVERABLES: Two (2) hard copies of the draft plan, with a PDF available for download through the project website Task 6: Final Plan and Presentation Alta will collect draft plan comments and revise and produce a final version of the plan. We will make one final public hearing presentation before the County Board of Commissioners (either for plan adoption, or for information purposes with intent to adopt at a subsequent Board meeting). Official adoption by local municipalities will be encouraged, but not required as part of this scope of work. Alta will provide a set of materials (PPT and an executive summary) for County personnel to use in presenting the plan to municipal elected officials throughout the County. Task 6 will conclude with a final meeting between Alta and the County to discuss options for implementing priority projects. TASK 6 DELIVERABLES: • Twenty (20) full plan hardcopies • One (1) digital copy, publicly available for download from the project website • Final presentation to the County Board of Commissioners (including PPT & executive summary) • GIS files for the consultant-generated trail layers • Implementation strategy meeting with county staff and consultants • The final plan PDF will also be saved as a Word Document Alta Planning + De sign, Inc. Page 5 of 6 040620 HCBOC Page 219 Harnett County Parks and Recreation -Harnett County, NC Bicycle, Pedestrian, and Greenway Plan Alta Planning + Design, Inc. Exhibit B Estimated Schedule Work Order #1 March 23, 2020 Consultant shall commence performance of Services on April 20, 2020 and proceed toward completion of deliverables by November 30, 2020 as directed by Client. Exhibit C Schedule of Fees and Charges Task Fee Task 1 Project Management $2,000 Task 2 Steering Committee Meetings $6,000 Task 3 Opportunities and Constraints $4,000 Ta sk 4 Public Involvement $8,000 Task 5 Draft Plan $35,000 Task 6 Final Plan and Presentation $10,000 Total $65,000 Alta Planning + Design, Inc . Page 6 of 6 040620 HCBOC Page 220 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 03/26/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Parker, Smith & Feek, Inc. m~N,Jn """ 425-709-3600 I r..e~ Nol; 425-709-7460 2233 112th Avenue NE E,MAIL Bellevue, WA 98004 ADDRESS: INSURERIS) AFFORDING COVERAGE NAIC# INSURER A : Hartford Casualty Ins. Co. INSURED Alta Planning + Design, Inc INSURER B : Trumbull Insurance Company 711 SE Grand Ave INSURER C: Continental Casualty Company Portland, OR 97214 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR TYPE OF INSURANCE ADDL SUBR ,,:ShlF>Mi1 /OLICYEXP LTR '""'" '"''"' POLICY NUMBER MM/DD/YYYYl LIMITS A GENERAL LIABILITY 52UUNHB2172 09/01/2019 09/01 /2020 EACH OCCURRENCE $ 1,000,000 -DAMAGE TO RENTED )C COMMERCIAL GENERAL LIABILITY X PREMISES /Ea occurrence\ $ 300 ,000 -D CLAIMS -MADE 0 OCCUR MED EXP (Any one person) $ 10,000 -PERSONAL & ADV INJURY $ 1 ,000,000 -GENERAL AGGREGATE $ 2,000,000 GEN'L A GGREGATE LI MIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000 ,000 n PO LIC Y rxi P,tR,: rx1 LOC $ B AUTOMOBILE LIABILITY I--- 52UUNHB2172 09/01 /2019 09/01 /2020 COMBINED SINGL E LIMIT CEa a ccident\ $ 1 ,000,000 )C ANY AUTO X BODILY INJURY (Per p e rson) $ >--ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per a ccident ) $ >---NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS f Per accident) $ >--- $ UMBRELLA LIAB H OCCUR EACH OCC URRENCE $ >-- EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I 1 RE TENT ION $ $ WORKERS COMPENSATION I WC STATU-I JOJ~· AND EMPLOYERS' LIABILITY TORY LIMITS Y/N ANY PROPRI ETOR/PARTN ER/EXECUTIVE D N/A E.L EACH ACC IDE NT $ OF FICER/MEMBE R EXCLUD ED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIO NS bel ow E.L. DI SEAS E -POLIC Y LIMI T $ C Professional Liability MCH114135257 11 /01 /2019 09/01 /2020 1 ,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, If more space is r equired) Alta project #00-2020-076 , Harnett County, NC Bicycle, Pedestrian , and Greenway Plan Harnett County Parks and Recreation is an additio nal insured on th e general liabil ity and automobile policies per the attached endorsements/forms ... (See Attached Description ) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE ACCORDANCE WITH THE POLICY PROVISIONS. WILL BE DELIVERED IN Harnett County Parks and Recreation Harnett County Parks and Recreation AUTHORIZED REPRESENTATIVE Lillington , NC 27546 Aui;o.' ~ I ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved . The ACORD name and logo are registered marks of ACORD 1 of 10 (AAGOO) 040620 HCBOC Page 221 DESCRIPTIONS (Continued from Page 1 ) Coverage is primary and non-contributory on the general liability policy per the attached endorsement/form. 2 of 10 (AAGOO) 040620 HCBOC Page 222 Policy Number 52UUNHB2172 SECTION II -WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual , you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner . b. A partnership or joint venture , you are an insured. Your members. your partners, and their spquses are also insureds, but only with respect to the conduct of your business , c. A l imited liability company, you are an insu red . Your members are also insureds. but only with respect to the. conduct of your business. Your managers are insureds, but only with respect to their duUes as your managers . d. An organization other than a partnership, Joint venture or limited liability company, you are an insured . Your "executive officers" and directors are insureds, but only with respect to their dut_ie s as your officers or directors. Your stockholders are also insureds, hut only with respect to their liability as stockholders . e. A trust, you are an insured. Your lruslees are also insureds, but only with respect to their duties as trustees . 2 . Each of.the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees•, other than either your "executive officers" (if you are ah organiza'tion other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only ror acts within the scope of their employment by you or while perfom,ing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers· are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your me.mbers (if you are a limited liability company), to a co-·employee· while in the course of his or her employment or performing duties related io the conduct of your business, or to your other "volunleer workers· while perfonning duties related to the conduct of your business; (b) To.the spouse. child , parent , brother or sister of that co-"employee" or that HG 00 01 0916 "volunteer worker• as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay da.mages because of the injury described in Paragraphs {1)(a) or (1)(b) above; or (d) Arising out of his or her providing or faili.ng to proyid.e professional health care services . If you are not in the business of providing p rofessional healih care services: (a) Subparagraphs (1)(a), (1}(b) and (1 )(c) above do not app ly to any •employee• or ·volunteer worker" providing first aid services: and (b) Subparagraph (1)(d) above does not apply to any nurse, emergency medical technici an or paramedic employed by you to provide such services. {2) "Property damage" to property·: (a) Owned , occupied or used by, (b) Ren.led to, in the car~. custody or control of, or over which physical control is being exercised for an·y purpose by you, any of your "employees". "volunteer workers•, any partner o r member (if you are a partnership or joint venture). or any member (if you are a limited liability canp~ny). b. Real Estate Manager Any person (other than your "employee" or "volu nteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die , but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed . d. Legal Representative If You Die Your legal representati~e if you die, but only with respect to duties as such. That representative will have a ll your rights and duties under this Coverage Part. e. Unnamed Subsidiary My subsidiary, and subsidiary thereof. of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. Page 11 of 21 040620 HCBOC Page 223 Po l icy Numb er 52UUNH B21 72 The insurance· afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to.which such insured is also a named insured under another policy or would be a named in~ured under such policy but for ils termination or-the exhaustion of its limits of insurance . 3. Newly Acquired Or Formed Organization Any organization you newly acq~ire or . fonn, other than a partnership, joint venture -or limited liability company, and over which you maintain financial interest or more than 50% of. the voting stock, wil l qualify as a Named Insured if .there is no other simiiar insurance available to that organization. However: a. Coverage under th.is provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage• that occurred before you acquired or formed the organization: and c . Coverage B does not apply to "personal and advertising injur,y" arising out of an offense comm itted before you acquired or formed the organization. 4. Nonowned Watercraft W ith respect to watercraft you do not own lhal i_s less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft"with your permi~sion. Any other person or organization responsible for the conduct of such person is also an jnsured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However. no person or organization is an insured with respect to: a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or b. "Property damage_• to property owned by, rented to , in !he charge of Of occupied by you or the employer of any person who is an in sured under this pr.ovision . 5. Addlt1onal Insureds When Required By Written Contract, Written Agreement Or Permit The followi~g person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such perso n or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent lo the execution of the contracl or agreem.ent. Page 12 of 21 A persqn Of organization is an addition~! insured under lhis provision only for t_hat period of time required by the contract or agreement. However •. no such ptfrson or organization is an insured under this provision ;r such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverag~ Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your productsfl which are disfributed .or sold in the regular course or the. vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damag·e· included within the "products-completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: Th is insurance does not apply to : (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence or the contract or agreement; (b) Any express warranty unauthorized by you ; (c) Any physical or chemic-..af change in the product made intentionally by the vendor ; (d) Repackaging , except when unpacked solely for the purpose of inspection , demonstration . testjng, 9 r the substitution of parts under instructions from the manufacturer. and then repackaged in the original' container; (e) Any failure ·to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual cours e of business, in connection with the distributio,:1 or sale of the products: (f) Demonstration , installation, servicing or repair operations , except such <;>perations performed al the vendor's pre mises in connection with the sale of the product ; (g) Products which , after distributio n or sale by you , have been labeled or relabeled or used as a container, part or ingred ient of any other lhing or substance by or for lhe vendor; or HG 00 010916 040620 HCBOC Page 224 Poli c y Number 52UUNHB2172 (h) "Bod ily injury" or ·property damage" arising out of the sole negligence of the vendor for its own acts or omission s or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub- paragraphs (d) or (f); or (ii) Such inspections. adjustments, tests or servicing as the vendor has agreed to make or normally undertakes lo make in the usual course of business, in connection with the distribution or sale of U,e products. (2) This insurance does not apply to any insured perso·n or organ ization, from whom you have acquired such products, or any ingred ient , part or container, entering into , accompanying or containing such products. b. Lessors Of Equipment (1} Any person(s) or organization(s) from whom you lease equipment; but only ~ith respect to their liability for "bodily injury", "property damage " or "personal a~d advertising injury· caused, in whole or m part, by your maintenance, operation or use of equipment leased to you by such person(s) or organ izati on(s). (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place aner the equipmen1 lease expires. c . Lessors Of Land Or Premises Any person or organization from whom you tease land or premises, but only with respect to liability aris ing out of the ownership , maintenance or use of that part , of the land or premises leased to you . With respect to the insurance affordeq these addilional insureds the following additional exclusions apply : This insurance does not apply to: 1. My "occurrence" which takes plaoe after yo_u cease t9 lease ttiat land; or 2. Structural alterations, new construction or demolition operations perlonned by or on behalf of such person or organizatiQn. d. Architects, Engineer, Or Surveyors Any architect, eng ineer. or survey.or, but only with respect to liability for "bodily injury". "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or HG 00 ·01 0916 omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing oper,:!tions performed by you or pn your behalf. With respect to the insurance afforded these additional insure~s, lt,e following additional exdusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal 9.nd advertising injury• aris ing out of the rendering of or the fai lure to render any professional services by o r for -you , including: 1. The preparing, approving , ·Or fa iling to prepare or approve, maps, shop drawings, opinions, reports, surveys, fi~ld orders, change orders or drawings and specifications: or 2. Supervisory. inspection , architecb.Jral or engineering ·activities . This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervis ion, hiring, employment, training or monitoring of others by that insured, if the "occurrence· which caused the "~dlly injury" or ~property damage•, or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you . e . Permits Issued By State Or Political Subdivisions Any state or pol itical subdivi sion, b ut only with respect to operations performed by you ~r. on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded thes e additional insureds, this insurance does not apply to : (1) "Bodily injury", "property damage" or "personal and advertising injury• arising out of operations performed for the state or municipality; or (2) "Bod ily injury" or "property damage" included within the "products-completed operations hazard ". f . Any ·Other Party Any other person or organization who is not an additional insured under Paragraphs a . through e . above , but on !y with respect to liability for "bodity injur.y". "property. damage" or "personal and advertising injury" caused. in whole or in part. by your acts or om issions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operat ions ; Page 13 of 21 040620 HCBOC Page 225 Po l icy Numb e r 5 2 UUN HB 2172 (2) In connection with your premises owned by or rented to you: or (3) In connection with "your work" and included w ithin the •products~ompteted operations hazc1rd", bul only if (a) The written contract or agreement requires you to provide such coverage to ·such additional insured; and {b) This Coverage Part provides coverage for "bodily injury" or "property c;lamage• included within the "products - completed qperations hazard". However: (1) The insurance afforded to such additional insured only applies to lhe extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury~. "property damage" or "personal and advertising Injury" arising out of the rendering of, orthe failure to render, any professional architectural, engineering or surveying_ services, including: (1) The preparing , approving. or tailing to prepare or approve, maps, shop drawings, opinions . reports , surveys , field orders, change orders or drawings and specifications; or (2) Supervisory, inspeclion, architectural or engineering activities. This exclusion applies even if the claims against ariy insured allege negligence or other wrong~oing in the .supervision, hiring, employment, training or monitoring of others by that insured , ir the ''.occurrence " which caused the "bodily injury• or "property damage", or the qffens~ w h_ich caused lhe "personal and advertising injury-, involved the rendering or or the failure to render any proressional services by or tor you. The limits of insurance that apply to additional insureds is described in Section Ill -Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in lhe Other Insurance Condition in .Section IV - Commercial General Liability Conditions. Page 14 of 21 No person or organ ization is an insured with respect to the c onduc t of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations . SECTION Ill • LIMITS OF INSURANCE 1. The Mo.st We Will Pay The Lim its of Insurance shown In the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations maki(1g claims or bringing "suits". 2 . General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Cover~ge C; b . Damages under Coverage A. except damages because of "bodily injury" or "property damage· included in the ''products- c·ompleted operations hazard"; and c. Damages under Coverage B. 3 . Products-Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit is the most we will pay i;inder Coverage A for damages because of "bodily injury" and "property damage" included in the "products- completed operations hazard~. 4 . Personal And Advertising Injury Limit Subject to 2. above , the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum .of all damages because of all "personal and advertising injury '' sustained by a ny one person or organization . 5. Each Occurrence Limit Subje~t to 2 . or 3 . above, whichever applies , the Each Occurrence Lim_it is the most we will pay for the sum of: a. Damages under Coverage A; and b . Medical expenses under Coverage C bec ause of all "bodily injury" and "property damage" arising out of any one "occurrence·. 6 . Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A fo r damages because of "property dam~ge" t o any one premises , wh il e rented to you , or in the case of damage by fire , lightning or explosion, while · rented to you or temporarily occ upied by you with permission of the owner. HG 0001 0916 040620 HCBOC Page 226 (3) All y ma nager. if you or the additional insured i s a lim ited liability co mpany; (4) My •executive officer" or in surance manager, if you o r the additional insured is a corporation; (5) Any trustee, if you or the additjonal in sured is a trust: or (6) Any elected or appointed officia l, if you or the additional insured is a political subdivision or public entity. This duty applies separately lo you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part : a. To join us as a party or otherwise b ring u s into a •suit" asking for damages from an insured; or . b. To sue us on lhis Coverage Part unless all of its terms have been fully complied w ith . A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured ; but we will not be liable for damages that are not payable under the te rms of this Coverage Part · or that are in e'Xcess of the applicable limit of insurance . An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative . 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are ·limited as follows: a. Primary Insurance This insurance is primary except when b. below applies . If other insurance is also primary , we will share with all that other insurance by the method described in c. below. b. Exce&s Insurance This insurance is excess over any oi the othe r insurance, whether primary, excess, contingent or on any other basis : (1) Your Work That is Fire, Extended Coverage, Builder's Risk . Installation Risk or similar coverage for "your work•; (2) Premises Rented To You T hat is fire , lightning or explosion insurance for premises rented to you or temporarily occupied by you with perm ission of the owner ; Page 16 of 21 (3) Tenant Liability That is insurance purchased by you to cover your ii.ability as a te n ant fo r "property damag e" to premises ren ted to you or tempor arily occupied by yo u with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of ·aircraft, "autos" or watercraft to the ext ent not subject to Exclusion g . of Section I -Coverage A -Bodi ly Injury And Property Damage Liability; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of •property damage" to borrowed equipmenl or the use of elevators to the extent not subject to Excl usion j . or Section I -Coverage A - Bodily Injury And Property Oal"f'!age Li ability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering li abi lity for damag~s arisi ng out of the pr emises or operations, or products and completed operations, for which you have been a~ded as an additional insured by that insura nce ; or (7} When You Add Others As An Addltlonal Insured To This Insurance Any othe r insurance av·ailable t o a n additional insured. However , the following provisions apply to othe r insu ra nce available to any person or orga nization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract Th is insu rance is primary if you have agreed in a written contract or written agreement that this i nsurance be primary. If other i nsurance is also pr imary, we w ill share with all tha t olher insurance by the method desc ribed in c . below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primar y and non- contributory w ith the additional insu red's own insurance, this insurance is primary and we will not seek contribution from th at other insurance . HG 00 01 0916 040620 HCBOC Page 227 Paragraphs (a) and (b) do not apply lo other insurance to which the additional insured has been added as an additional insured . · When this insurance is ·excess, we will have no duty under Coverages A or B to defend the insured against any ·suir if any other insurer has a duty lo defend the insured against that "slJit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence or this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in th {s Excess lnsura·nce provision and was not bought specifically to apply in excess of the Limits of Insurance shown In the Declarations of th is Coverage Part. c. Method Of Sharing tf all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first If any of the other insurance does not permit contribution by equal shares, we will contribute ~y limits. Under this method; each insurer'.s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all [nsurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates . · · b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period .and send notice to the· first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period ·is greater than the earned premium, we will return the excess to the r,~t Named Insured. c. The first Named Insured must keep records of the information we need for premium HG 00 01 0916 computation, and send us copies. at such times as we may request 6. Representations a. When You Accept This Polley By accepting this policy. you agree: (1) The statements in U,e Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations . b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception dale or this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except wiU, respect lo the limits of Insurance, and 1:1ny rights or d~ties specifically assigned in this Coverage Part to the rirsl Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b . Separately lo eac_h insured against whom claim-is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments , we have made under this Coverage Part , those rights are transferred to us. The insured must do nothing after loss to impair them . At our request. the insured will bri.ng "suit" or transfer those rights to us and help us enforce them . b . Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment. including Supplementary Payments. we have made under this Covera·ge Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in .a contract. agreement or permit that was executed prior to the injury or damage. 9 . When We Do Not Renew If we decide not to renew this Coverage Pan. we will ,:nail or deliver to the first Named Insured shown in the Declarations written notice of the P~ge 17 of 21 040620 HCBOC Page 228 Policy Number 52UUNHB2172 COMMERCIAL AUTOMOBILE HA99160312 9 of 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply . 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy , (c) That has exhausted its Limit of Insurance under any other policy , or ( d) 180 days or more after its acquisition or formation by you , unless you have given us notice of the acquisition or formation . Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization . B . Employees as Insureds Paragraph A.1 . -WHO IS AN INSURED -of SECTION II -LIABILITY COVERAGE is amended to add : d. Any "employee" of yours while using a covered "auto" you don't own , hire or borrow in your business or your personal affairs . C. Lessors as Insureds Paragraph A.1 . -WHO IS AN INSURED -of Section II -Liability Coverage is amended to add : e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if : (1) The agreement requires you to provide direct primary insurance for the lessor and (2 ) The "auto" is leased without a dri ver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire . D. Additional Insured if Required by Contract (1) Paragraph A.1 . -WHO IS AN INSURED -of Section II -Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a . or b . of Who Is An Insured with regard to the ownership , maintenance or use of a covered "auto." Form HA 9916 0312 © 2011 , The Hartford (Includes copyrighted materia l of ISO Properties, Inc ., with its permission.) Page 1 of 5 (AAGOO) 040620 HCBOC Page 229 10 of 10 The insurance afforded to any such additional insured app lies only if the "bodily injury" or "property damage" occurs : (1) During the policy period , and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured . (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Secti on. (3) Additiona l Insureds Other Insurance If we cover a claim or "suit" under thi s Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity . However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or w ritten agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. -DUTIES IN THE EVENT OF ACCIDENT , CLAIM , SUIT OR LOSS -OF SECTION IV - BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured . E. Primary and Non-Contributory if Required by Contract Only with respect to insurance provided to an additional insured in 1.D. -Additional Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d . (4) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance , this insurance is primary and we will not seek contribution from that other insurance . Paragraphs (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured . When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance , we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance ; and (2) The total of all deductible and self-in sured amounts under all that other insurance. We will sha re the remaining loss, if any, by the method described in Other Insurance 5.d . 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be conside red an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: Form HA 99 16 03 12 © 2011 , The Hartford (Includes copyrighted material of ISO Properties, In c., with its permission .) Page 2 of 5 (MGOO) 040620 HCBOC Page 230 Board Meeting Agenda Item AGENDA ITEM Id. MEETING DATE: April 6, 2020 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Change Order for Government Complex Park Construction REQUESTED BY : Parks and Recreation REQUEST: Parks and Recreation request approval of Change Order 1 to the contract with YRU Contracting in reference to the construction of Government Complex Park. Original contract included construction of trails and boardwalks. Change Order 1 adds additional trail construction, asphalt paved trails, observation decks, and canoe/kayak launch. Original contract was for $234,500 . Additional project work amends contract to $474,564. The contract increase is within the original $800,000 project budget for the construction of Government Complex Park. This project is partially funded by a Parks and Recreation Trust Fund grant ($400,000 County funds, $400,000 State funds). The contracted project tasks includes gravel trail and boardwalk from Agriculture Building to Hwy 401 /421 near Cape Fear River bridge, 8' asphalt trail along Alexander Drive, 8' asphalt trail around multipurpose fields, 8' asphalt trail to baseball/softball fields , 5' gravel trail to canoe/kayak launch, kayak launch, and two observation decks . FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\gwheeler\AppData\Loca l\Microsoft\Windows\INetCache\Content.Outlook\W5ENE9SY\agendafonn2020_yru change order.docx Page I of I 040620 HCBOC Page 231 CHANGE ORDER PROJECT: Government Complex Park Trail Improvements OWNER: Harnett County Post Office Box 760 Lillington , North Carolina 27546 CONTRACTOR: YRU Contracting, Inc. 2900 Farm to Market Rd . Midvale , ID 83645 CONTRACT FOR: Trail Improvements Number: ___ ..:..1 __ _ DATE OF ISSUANCE: March 25. 2020 OWNER'S PROJECT NO.: ENGINEER: McGill Associates, P .A . P.O . Box 1136 Hickory, NC 28603 ENGINEER'S PROJECT NO.: 17.01709 You are directed to make the following changes in the Contract Documents. DESCRIPTION: Add additional trail construction and related working including natura l surface trail, asphalt paved trail, observation decks, and kayak launch. PURPOSE OF CHANGE ORDER: Adjust the Contract Price and Contract time to include additional project work items as outlined in the attached Change Order Summary ATTACHMENTS (List documents supporting change): Change Order Summary CHANGE IN CONTRACT PRICE : Original Contract Price $ 234,500.00 Previous Change Order No. _Q__ to No. _1_ $ N/A Contract Price Prior to This Change Order $ 234,500.00 Net Increase (DeGrease) of This Change Order $ 240,064.00 Contract Price With All Approved Change Orders $ 474,564.00 CHANGE IN CONTRACT TIME: Original Contract Time 120 Days or Date (Final Completion) Net Change From Previous Change Orders 0 Days Contract Time Prior to This Change Order 120 Days or Date (Final Completion) Net Increase (DeGrease) of This Change Order 249 Days (Towards Final Completion) Contract Time With All Approved Change Orders 369 Days or Date (Final Completion) RECOMMENDED: APPROVED: APPROVED: BY: ---------Engineer Date: _________ _ • nus INSTRUMENT HAS BEEN PREAUDITI;D IN THE .W.NER REQUIRED BY lliE LOCAL GOVERNMENT BUDGET .ii(if ,J ACT BY: BY: ----------0 w n er Contractor Date: Date: ________ _ 040620 HCBOC Page 232 i~ •• mcg1II CHANGE ORDER LOG PROPOSED CHANGE ORDER DETAILS (currently pending) Date PCO# Submitted 3/26/2020 3/26/2020 Description Credit for Work Items Removed from Contract 8 ' Asphalt Trail along Alexander Drive Contingency for Traffic Control along Alexander Drive 8 ' Asphalt Trail around Soccer Fields 8' Asphalt Trail conn ector to Base ball Fie l ds 5 ' Stone trail to Kayak Launch Kayak Launch (2) Observation Decks PENDING TOTAL ORIGINAL CONTRACT PRICE APPROVED CHANGE ORDER TOTALS CURRENT CONTRACT PRICE PENDING CHANGE ORDER TOTAL PENDING CONTRACT PRICE Owner: ____ H_a_r_n _et_t_C_o_un_t...a.y __ _ Contractor: YRU Contracting Project No.: _____ 1_7_.0_1_7_0_9 ___ _ Incorporated # Days $$ in Co# $ {68,573.00) $ 127,797.00 $ 7,500.00 $ 106,198.00 $ 4 0,562.00 $ 6,876.00 $ 1,500.00 $ 18,204.00 $ 240,064.00 $ 234,500.00 $ $ 234,500.00 $ 240,064.00 $ 474,564.00 Page 1 o f 1 040620 HCBOC Page 233 GOVERNMENT COMPLEX PARK, PHASE 1 PROJECT ORDINANCE BE IT ORDAINED by the Board of Commissioners of Harnett County, North Carolina., sitting as the governing board for Hamett County. Section I. Hamett County has received a $400,000 grant from the North Carolina Parks and Recreation Trust Fund . The grant will be used for construction of Phase I for Government Complex Park . The features will include soccer fields , walking trail , canoe/kayak water access, basebaJI fields, observation deck, observation area with boardwalk, access road, parking, site amenities, site preparation, planning costs and contingency. The required match will be from the Capital Improvement Budget in FY 2017-2018 and FY 2018-2019. In-house labor will be used to reduce costs for elements. This was approved by the Board of Commissioners on 12-5-16, Agenda 3-F Section 2. Section 3. Section 4. Section 5. Section 6. Section 7 . Section 8. Section 9 . The officers of this unit are hereby directed to proceed with the capital project within the tenns of the grant documents, loan documents, and the budget contained herein. The following amounts are hereby appropriated for this project: Engineering/Design Construction Contingency Total S 102,SOO S 665,000 S 32,500 S 800,000 The following revenues are anticipated to be available to complete this project: NC Parks and Recreation Trust Fund Grant S 400,000 TF-FY16-17 Capital Improvement Plan S 200,000 TF-FYl8-19 Capital Improvement Plan S 200,000 Total S 800,000 The Finance Officer is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy the requirements of the grantor agency, the grant agreements, and federal regulations. Funds may be advanced from the General Fund for the purpose of making payments as due. Reimbursement request should be made to the grantor in an orderly and timely manner. The Finance Officer is directed to report, on a quarterly basis, on the financial status of each project element in Section 3and on the total grant revenues received or claimed. The Budget Officer is directed to include a detailed analysis of past and future costs and revenues on this capitaJ project in every budget submission made to this Board. Copies of this capital project ordinance shall be furnished to the Clerk to the Governing Board, and to the Budget Officer and the Finance Officer for direction in carrying out this project. Duly adopted this ~day of f.'c. b. 040620 HCBOC Page 234 Board Meeting Agenda Item AGENDA ITEM I 3 MEETING DATE: April 6, 2020 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Harnett County COVID 19-Policy REQUESTED BY: Christopher Appel, Senior Staff Attorney REQUEST: The Legal Department requests approval of the Harnett County COVID-19 Policy. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: U:\Scan\l-l arnet t COV ID-19 age nda Req ues t.d ocx Page I of I 040620 HCBOC Page 235 ~ ~Harnett }(~ ~~T:!_ NC (/,Rv.lNA Harnett County COVID-19 Policy -Effective March 30, 2020 **This policy represents the best information the County has as of the time of its publishing. Due to the fast-moving nature of this pandemic, this policy may be updated quickly once new information becomes available. The safety and security of our Harnett County employees and citizens is our top priority. County officials are continuing to monitor the Coronavirus COVID-19. Therefore, the following policy will govern County personnel during the current COVID-19 pandemic. The goal of this policy is to limit the spread of the virus to other employees and the public, while also maintaining critical services. Nothing in this policy is intended to, nor will it have the effect, of putting Harnett County Government out of compliance with all governing personnel related laws, regulations, and policies . Mandatory Leave Employees who exhibit the symptoms of the COVID-19 (as established by the Centers for Disease Control -see www.cdc.gov/coronavirus ) and/or any other criteria established by lo cal public health officials will be prohibited from reporting to work in accordance with local health department guidelines. In addi tion to those who decide to stay home due to illness, department heads may also send employees with these symptoms home until cleared according to procedures established by the local health department. During this time, employees have several options: A. Emergency Paid Sick Leave -Based on the Families First Coronavirus Response Act (FFCRA) being signed into law, all full-time employees will be given up to 80 hours of Emergency Paid Sick Leave. Part-time employees and shift work employees will be given up to the average number of hours they normally work over a two-week period . The average number of hours is to be calculated by averaging the number of hours worked in a week over the six months prior to taking Emergency Paid Sick Leave . Thi s leave is in addit ion to the various types of accrued leave earned by the employee through the normal course of employment. Emergency Paid Sick Leave may only be utilized if the employee is: 1. Subject to a federal, state, or local quarantine or isolation order related to COVID-19; 2. Advised by a health care provider to self-quarantine due to COVID-19 concerns; 3. Experiencing COVID-19 symptoms and seeking medical diagnosis; 4 . Caring for an individual subject to a federal, state, or local quarantine or isolation order or advised by a health care provider to se lf-quarantine due to COVID -19 concerns; 5. Caring for the employee's child under 18 years of age if the child 's school or place of care is closed or the child's care provider is unavailable due to COVID-19; or 6. Experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor. Child care provider under reason 5 is defined as one who provides child care services on a regular basis and receives compensation for those services. Child care provider excludes situations in which a family member has been providing child care and is no longer available . Governor Cooper's March 27, 2020 Stay At Home Order and any other stay at home or shelter in place order is not a qualifying event for Emergency Paid Sick Leave purposes. The Families First Coronavirus Response Act exempts healthcare providers and emergency responders from Page 1 Version 2.0 040620 HCBOC Page 236 Emergency Paid Sick Leave; however, the County shall make Emergency Paid Sick Leave available for healthcare providers and emergency personnel for Reasons 1, 2, and 3 outlined above. Health care provider is defined as anyone employed at any doctor's office, hospital, health care center, clinic, post-secondary educational institution offering health care instruction, medical school, local health department or agency, nursing facility, retirement facility, nursing home, home health care provider, any facility that performs laboratory or medical testing, pharmacy, or any similar institution, employer, or entity. This includes any permanent or temporary institution, facility, location, or site where medical services are provided that are similar to such institutions .. Emergency responder is defined as an employee who is necessary for the transport, care, health care, comfort, and nutrition of such patients, or whose services are otherwise needed to limit the spread of COVID-19. This includes, but is no limited to, law enforcement officers, correctional officers, correctional institution personnel, fire fighters, emergency medical services personnel, physicians, nurses, public health personnel, emergency medical technicians, paramedics, emergency management personnel, 911 operators, public works personnel, and persons with skills or training in operating specialized equipment or other skills needed to provide aid during the COVID-19 pandemic, and those deemed as an essential emergency responder by the Governor. Employees who use Emergency Paid Sick Leave for reasons 1, 2, or 3, outlined above, will be paid at the employee's regular rate, not to exceed $511 per day up to a total of $5,110. Employees who use Emergency Paid Sick Leave for reasons 4, 5, or 6, outlined above, will be paid at two-thirds (2/3) the employee's regular rate, not to exceed $200 per day up to a total of $2,000. Emergency Paid Sick Leave cannot be taken intermittently and must be taken in full-day increments if the leave is being taken due to reasons 1,2,3,4, and 6, outline above. Once an employee begins taking paid sick leave for one or more of these qualifying reasons, the employee must continue to take paid sick leave each day until they either use the full amount of paid sick leave or no longer have a qualifying reason for taking paid sick leave . This limit is imposed because if an employee is sick or possibly sick with COVID-19, or caring for an individual who is sick or possibly sick with COVID-19, the intent of FFCRA is to provide such paid sick leave as necessary to keep them from spreading the virus to others. Emergency Paid Sick Leave can be taken intermittently and in less than full-day increments if an employee is taking Emergency Paid Sick Leave to care for a child whose school or place of care is closed, or whose child care provider is unavailable, because of COVID -19 related reasons. For example, if an employee's child is at home because his or her school or place of care is closed, or child care provider is unavai l able, because of COVID-19 related reasons, they may take paid sick leave on Mondays, Wednesdays, and Fridays to care for their chi ld, but work at their normal worksite on Tuesdays and Thursdays. Emergency Paid Sick Leave can be taken intermittently and in less than full day increments while an employee is teleworking for any of the qualifying reason under FFCRA (reasons 1-6, outline above). Please see the Teleworking Section below for more information on Teleworking. Emergency Paid Sick Leave shall not carry over from one year to the next and will expire on December 31, 2020 and any unused portion will not be paid out if the employee separates from employment with the County. The County requires documentation from all employees to prove or confirm eligibility for Emergency Paid Sick Leave. B. Accrued Leave -In lieu of or in addition to using Emergency Paid Sick Leave, employees may utilize accrued leave in the following order: Compensatory Time, Petty Leave, Sick Time, Vacation Time, Unpaid Leave . At the request of the employee, vacation or unpaid leave may be used before sick time -however Compensatory Time will be taken before any other type of accrued leave . Employees may not use the County's shared leave plan in Page 2 Version 2.0 040620 HCBOC Page 237 response to the COVID-19 pandem ic. During the State of Emergency declared by the Board of Commissioners on March 16, 2020 and throughout the duration of the State of Emergency, Petty Leave may be used up to eight (8) hour increments. Additionally, probationary employees may utilize leave without obtaining specific approval from their Supervisor, Department Head , or County Manager. An employee utilizing leave under this Policy must include a brief description in Executime that the leave was for COVID -19 related purposes. The County Manager, department heads, and supervisors are prohibited from forcing, convincing, or recommending that an employee use accrued leave prior to or in lieu of Emergency Paid Sick Leave and shall not fire or take retaliatory action against any employee who exercises their right to this leave. It shall be the employee's sole decision whether to utilize accrued leave in lieu of or an addition to Emergency Paid Sick Leave. Employees who must be out of work due to COVID-19 related impacts on children or family (including the closure of schools, daycares, or related facilities, or the illness itself) may be allowed to use acc r ued leave in the same order and manner as described above . Emergency Paid Sick Leave under FFCRA and accrued preexisting leave entitlements cannot be taken concurrently for the same hours. C. Teleworking -Employees whose position has been identified as being able to effectively perform their duties from home may submit to their department head or supervisor a written request to telework. The supervisor or department head shall review the request and make a written recommendation to the County Manager, or the County Manager's designee, for their approval or denial of the request. If the request is approved by the County Manager, guidelines for teleworking shall adhere to the County's "Temporary Teleworking" policy. If a department head or supervisor permitted teleworking for an employee prior to the adoption of this policy and the Temporary Teleworking policy, the department head shall provide the County Manager a list of all teleworking employees and those employees who were denied teleworking and an explanation as to why they were approved or denied for teleworking . The County Manager, or the County Manager's designee, shall review all current teleworking employees as well as denied requests for teleworking at the time of adoption of this policy and shall decide whether the employee will be allowed to continue to telework or whether teleworking should be approved for those previou sly denied . As a note, these arrangements are temporary, and can be changed at any point based on the needs of the organization. Emergency Family and Medical Leave Employee s who have worked for the County for at least 30 days prior to the designated leave may take up to 12 weeks of job-protected leave to allow an employee, who is unable to work or telework, to care for the employee's child (under 18 years of age) if the child 's school or place of care is closed or the childcare provider is unavailable due to COVID -19. The first 10 days of Emergency FMLA will be unpaid. During the first 10 days of Emergency FMLA leave, the employee may choose to use either accrued paid leave provided by the employer or the Emergency Paid Sick Leave required by the Act. After the 10-day period, full-time employees will be paid at two-thirds (2/3) the employee's regula r rate for the number of hours the employee would otherwise be normally scheduled up to $200 per day and $10,000 in the aggregate per employee . Part-time and shift work employees are entitled to be paid two-thirds (2/3) the employee's regular rate for the average number of hours the employee worked for six months prior to taking Emergency FMLA . The County reserves the right to require documentation from an employee to prove or confirm eligibility for Emergency Family and Medical Leave . Child care provider, as described above, is defined as one who provides child care services on a regular ba sis and receives compensation for those services . Child Care Prov ider excludes situations in which a family member has been providing child care and is no longer available . Em ergency Family and Medical Leav e i s an expansion of the Family Medical and Leav e Act and does not entitle an Page 3 Version 2.0 040620 HCBOC Page 238 individual to an additional 12 weeks of job-protected leave. An employee is only entitled to up to 12 weeks during a 12 - month period of either Emergency Family and Medical Leave, regular Family and Medical Leave, or a combination of both. Pursuant to The Families First Coronavirus Response Act, health care providers and emergency responders are exempt from Emergency Family and Medical Leave . Health care provider and emergency responder are defined in the above Emergency Paid Sick Leave section. Privacy Requirements As with any other illness, all healthcare related employee information is strictly confidential. Employees who feel they may have been exposed to, or have contracted, COVID-19 should discuss this with either their supervisor or Human Resources as they feel comfortable. Supervisors who learn that one of their employees has been confirmed to have COVID-19 must inform other applicable employees of their possible exposure . They may not, however, identify the person with the virus to anyone. While you may not be able to stop employees from speculating on who may have been infected, no manager, department head, human resources employee, or anyone else in any supervisory capacity should confirm or deny who has become ill and with what infection or disease. Travel Travel shall be limited in the following manner: • All out of County travel shall be suspended until further notice unless express permission has been granted by the County Manager. • All In-County travel shou ld be limited to travel that is required to complete essential departmental duties and in accordance with any stay at home or shelter in place orders. Social Distancing Departments should encourage social distancing by: • Allowing alternative worksite or teleworking in accordance with this policy; • Allowing employees who have potentially been exposed to a person(s) identified by public health officials as a positive carrier of a communicable disease to work at alternative work locations or by teleworking in accordance with this policy; • Requiring asymptomatic employees who have traveled to affected countrie s or areas at alternative work locations or by teleworking in accordance with this policy; • Reducing face-to-face exposure by cance lling all non -essential meetings or conducting non -essential and essential meetings via conference calls and video conferencing; • Reducing face-to-face internal meetings by meeting via conference calls; • Ca ll or email coworkers rather than going to their office to communicate; • Avoiding congregating in hallways and shared spaces; • Avoiding unnecessary travel in the County; • Establishing flexible working hours; • Scheduling employees in shifts; • Installing protective barriers between work stations or increasing space between workers; • Reinforcing handwashing and use of protective equipment; • Controlling access to buildings . Pa ge 4 Version 2.0 040620 HCBOC Page 239 Special Circumstances The County Manager shall have the ultimate decision-making authority in any situation or matter pertaining to this Policy . Any situation or matter not covered by this policy shall be directed to the County Manager's Office for resolution. Pa ge 5 Version 2.0 040620 HCBOC Page 240 Board Meeting Agenda Item AGENDA ITEM _a MEETING DA TE: April 6, 2020 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Personnel Ordinance Changes REQUESTED BY: Harnett County Staff Attorneys REQUEST: The Legal Department is requesting to make changes to the following policies included in the Harnett Count y Personnel Ordinance ; 1 . Grievance and Appeal Policy 2. Disciplinary Actio n Policy 3. Separations, Depaitures , and Reinstatements 4. Unlawful Workplace Harassment 5. Shared Leave Policy FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: P:\BO C\Personnel Ordinance Changes -Agenda Req ue st.docx I of I Page 040620 HCBOC Page 241 Sectio n 3. Definitions (Li sted Alphabetically) The following definitions shall be applied to the entirety of this policy wherever such words are used . The definitions found below shall be binding on all Harnett County employees without exception . Adverse Action: Any disciplinary action _-taken by Harnett County to discipline a County employee including , but not limited to :which directly results in an employee's an oral or written warning , suspension (not including investigatory suspension), involuntary demotion, dismissal, involuntary resignation, or termination_. Adverse Weather: Any weather condition that adversely impacts an employee's commute to and from work or adversely impacts the County's ability to continue normal operations. Anniversary Date: An employee 's original date of employment' with the County. Appointing Authority: Any individual or board who has the responsibility to assign or place a person into a position . Covered Active Duty: For members of the Regular Armed Forces this term means, duty during deployment of the member with the Armed Forces . For members of the Armed Forces Reserve this terms means, duty during deployment of the member with the Armed Forces to a foreign country under a call or order to active duty in support of a contingency operation. Class: Positions or groups of positions having similar duties and responsibilities requiring similar qualifications, which can be properly designated by one title indicative of the nature of work performed, and which carry the same salary range . Cost of Living Increase: An annual adjustment to all pay ranges that may be made by the BOC. Such an adjustment would become effective on July 1 of each year. Daughter: A biological , adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and incapable of self-care because of a mental or physical disability. The onset of a disability may occur at any age for purposes of this policy. Death: The permanent ending of vital processes of any County employee. Disability: Any physical or mental condition that limits movement, senses, or activities to such a degree that the employee is unable to complete his essential job duties and is considered temporarily or permanently disabled. Disciplinary Action: Any corrective measure taken by the County to improve or address an employee 's job performance , personal conduct, or other behavior that is unsatisfactory or contrary to the m ission and policies of Harnett County. Dismissal: The act of Harnett County excusing permanently removing an employee from service because the employee's current job performance, personal conduct, or other 1 040620 HCBOC Page 242 behavior is unsatisfactory or contrary to the mission and policies of Harnett County. This word shall be considered as a synonym for an involuntarily resignation or a termination. Employee: A. Full-Time Employee: 1. Permanent: A person appointed to a particular position, designated as full-time by the BOC, to perform duties and responsibilities required on a continuous and probably annually recurring basis. Such an employee's average work week will total 40 hours. Such an employee will have completed a probationary period to the satisfaction of the Supervisor or Department head and is entitled to all appeal rights and benefits afforded to them under this policy proportionate with the number of hours worked . 2 . Limited Service: Any employee whose service is intended to be of limited duration but who work a normal workweek, not to exceed 12 months or in the case of a grant, the grant period. This definition excludes individuals supplied under contract by an outside agency. Such an employee is ineligible for any County benefits except holiday leave and retains no appeal rights under this policy, but may have those employee benefits mandated by federal or state law. B. Part-Time Employee: 1 . Permanent: Any employee who is appointed to a particular position for which the average work schedule is less than 29 hours per week or not more than 129 hours per month. Such an employee is ineligible for any County benefits (including no health benefits nor holiday pay) and retains no appeal rights under this policy, but may have those employee benefits mandated by federal or state law. 2. Limited Service: Any employee who is appointed to a particular position and whose service is intended to be of limited duration and who work less than the normal workweek. Paid interns who are employed for a limited duration fall under this category. Such an employee is ineligible for any County benefits (including no health benefits nor holiday pay) and retains no appeal rights under this policy, but may have those employee benefits mandated by federal or state law. C . Probationary Employee: A person appointed to a particular position, designated as full-time by the BOC, to perform duties and responsibilities required on a continuous and probably annually recurring basis who has not completed the probationary period. Such employees do not have appeal rights. Amended November 21, 2016 Essential Personnel : Employees who are required to work during adverse weather because they have been designated by a Department Head or County Manager. Essential Operations: Services that have been determined to be essential by the County Manager and therefore, shall be continued during adverse weather. Grievance: A specific, formal notice of a full-time permanent County employee's dissatisfaction based upon an event or condition which affects the circumstances under which an employee works expressed through the appropriate grievance procedures. The particular dissatisfaction complained of should be reasonable to the average person and may not be frivolous, but may include : (1) any acts of discrimination against an employee because of age, sex, race, religion, color, national origin, visible or nonvisible handicaps, or pregnancy; (2) any adverse action executed under the Disciplinary Action Policy addressed in Article XI ; (3) have been se pa rated f ro m 2 040620 HCBOC Page 243 employment due to a reduction in force or disability addressed in Article VIII; or (J~) any unfair application , misinterpretation , o r lack of established County policy. Hiring Rate : The initial salary or hourly rate paid an employee when hired into the county's service . This is normally the first step in the employee 's salary range . Immediate Family: This term includes the following familial relationships: wife , husband , mother, father, brother, sister, daughter, son , grandmother, grandfather, grandson , granddaughter, aunts, and uncles . Included within this term are the step-, half-, in-law, and in loco parentis relationships. Those individuals living within the same household may also fall within the confines of this term. In Loco Parentis : Federal law defines in loco parentis as including those with day-to-day responsibilities to care for or financially support a child . Employees who have no biological or legal relationships with a child may, nonetheless, stand in loco parentis to the child and are entitled to some federal leave benefits, however, those employees seeking to claim such federal leave benefits may be asked to prove their status . Incomplete: A form, certification, or other important document to be delivered to the County will be considered incomplete if one or more of the applicable entries on the form, certification , or document have not been completed . Insufficient: A form , certification, or other important document to be delivered to the County will be considered insufficient if the information provided is vague, unclear, or non-responsive. Failure to sign a form, certification , or document will also result in it being considered insufficient. Investigatory Suspension : The act of Harnett County temporarily separating excusing removal an employee from his or her service to the County with pay in order to provide the County with more time to thoroughly investigate a situation or to provide more time for a Department Head or the County Manager to reach a decision concerning an employee's status . Involuntary Demotion: The act of Harnett County reassigning an employee to a position or classification having a lower salary range than the employee's current position or classification because the employee 's current job performance , personal conduct , or other behavior is unsatisfactory or contrary to the mission and policies of Harnett County. Involuntary Resignation: The act of Harnett County forcing an employee to involuntarily resign from his or her position due to the employee 's current job performance, personal conduct, or other behavior that is unsatisfactory or contrary to the mission and policies of Harnett County. This word shall be considered as a synonym for a dismissal or termination . Irregular Work Schedule Employee : Any employee who , on a regular, rotating, or intermittent basis , works an evening or night who maintains a work schedule beyond the day shift or any employee who works a day shift whose work schedule is subject to change on a regular, rotating , or intermittent basis. Job Rate: The median salary or hourly rate an employee may receive when hired , promoted , or receiving a ra ise . 3 040620 HCBOC Page 244 Maximum Salary Rate : The maximum salary authorized for an employee within an assigned salary grade by the Harnett County Pay Plan . Maximum Hourly Rate : The maximum hourly rate authorized for an employee within an assigned hourly grade by the Harnett County Pay Plan . Mental/Physical Disability: A mental or physical impairment that substantially limits one or more of the major life activities of an individual. Major life activities include , but are not limited to , activities such as caring for oneself, performing manual tasks, seeing, eating , standing, reaching , breathing , communicating, and interacting with others, as well as major bodily functions, such as brain function , immune system, or normal cell growth. Conditions that are episodic or remission are considered disabilities if the condition would substantially limit a major life activity when active . Next of Kin : The nearest blood relative in the following order of priority: (1) a blood relative who has been designated in writing by the person in question as their next of kin, (2) blood relative who has been granted legal custody of the person in question , (3) brothers and sisters, (4) grandparents, (5) aunts and uncles, (6) first cousins. If a person has been designated in writing as the person's next of kin, they are to be cons idered that person's only next of kin. However, if there are multiple family members with the same level of relationship to the person , all such family members are considered to be the person 's next of kin. Non-Essential Personnel : Employees who may be approved for administrative leave during adverse weather because their positions have been designated as such by their Department Head or the County Manager. Non-Essential Operations: Services that have been determined non-essential by the County Manager and therefore may be suspended during adverse weather. Outside Employment: Outside employment is considered any and all employment or self-employment for salaries, wages , tips, or commissions other than the position currently held by the employee with Harnett County. Parent: A biological, adoptive, step, or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a child . This term does not include parent~s in-law. Pay Plan: A schedule of pay ranges arranged by minimum , job rate, and maximum salary rates for each class assigned to the salary range. Performance Review: An annual review in which an employee 's overall job performance is evaluated. This is designed to enhance communications between employees and supervisors and to facilitate employee growth. Position : The employees appointed classification which describes the duties and responsibilities to be fulfilled by that employee . Probationary Period : A continuous period of 6 months (12 months for law enforcement) where an employee is evaluated on job performance . Any employee serving a probationary period may be dismissed at any time without a right to appeal. 4 040620 HCBOC Page 245 Promotion : The reass ignment of an employee to an existing position or classification that has a higher salary range than the position or classification from which the reassignment is made. Reclassification : The reassignment of an existing position from one class to another based on changes in the job duties and content. Reduction in Force : A separation from employment with the County due to lack of funds , lack of work , or redesign or elimination of position(s), with no likelihood or expectation that the employee will be recalled to County service. Regular Work Schedule Employee: Any employee who typically works a set schedule wh ich consists of an average of 40 hours a week or 2080 hours per year. Reinstatement: The act of the County re -establishing a separated employee who voluntarily resigned or was separated due to a reduction in force to h is or her position . Retirement: The act of an employee voluntarily resigning from his or her position with the County and drawing his or her retirement benefits from the County, LGERS , the supplemental retirement income plan, or Social Security. Salary Grading System : A grading system used by the County to organize all positions into manageable grades. All positions in any single grade are sufficiently comparable to warrant one range of pay rates . Salary Plan Revision: The uniform raising or lowering of the salary ranges of every grade within the salary range . Salary Range: The minimum, job rate , and maximum salary levels for a given salary grade for hiring purposes . Salary Range Revision: The raising and lowering of the salary range for one or more specific classes of positions within the Harnett County Pay Plan . School: Any public school, private church school , church or religious charter school , or nonpublic school that regularly provides a course of grade school instruction . School may also include any preschool or child care facility. Serious Health Condition: Any medical condition which requires inpatient care at a hospital , hospice , or residential medical care facility, or any medical condition which requires continuing care by a licensed health care provider. This policy shall cover any illness of a serious and long-term nature resulting in recurring or lengthy absences. Any chronic or long term health condition resulting in a period of in capacity longer than three (3) days is to be considered a serious health condition. Son : A biological , adopted , or foster child, a stepchild, a legal ward , or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and incapable of self-care because a mental or physical disability. The onset of a disability may occur at any age for purposes of th is policy. Special Salary Adjustment: An increase in salary within the range based on department head recommendation. 5 040620 HCBOC Page 246 Spouse: A husband or wife as defined and recognized under North Carolina law for the purposes of marriage in this state , including common law marriage. Suspension: The act of Harnett County temporarily separating excusin g removal an employee from his or her service to the County with or without pay because of the employee 's current job performance , personal conduct , or other behavior that is unsatisfactory or contrary to the mission and policies of Harnett County. Termination : The act of Harnett County terminating an employee due to the employee's current job performance, personal conduct, or other behavior that is unsatisfactory or contrary to the mission and policies of Harnett County. This word shall be considered as a synonym for an involuntarily resignation or a dismissal. Transfer: The reassignment of an employee from one position or department to another position or department. Voluntary Demotion: The act of an employee voluntarily, without any undue force, pressure, or outside influence, stepping down to accept a County position with less complex job duties and responsibilities. Voluntary Resignation: The act of an employee voluntarily, without any undue force, pressure, or outside influence, permanently stepping down from his or her current position with the County. This word shall be considered as a synonym for the act of an employee quitting his or her position. Secti o n 1 2. Time Sheets Any time sheets required by County policy shall accurately reflect the hours worked by employees. However, work schedules can be adjusted in some circumstances to provide the flexibility needed to address situations that require employees to work more than their regular work week without significant additional costs. In order to adhere to Article Ill, Section 11 of the Harnett County Personnel Ordinance, "Planning to avoid overtime," employees should adjust their time sheets within the work week to avoid overtime or the accumulation of compensatory time whenever possible. Even though an employee may work more than their regular schedule in a given workday, their work schedule shall be adjusted so that they do not work more than their regular schedule in a given work week, thereby avoiding overtime or the accumulation of compensatory time. There may be situations in which an employee must physically work more than their regular work week and overtime or the accumulation of compensatory time is unavoidable, however whenever possible, overtime or the accumulation of compensatory time should be avoided. Adjustments of time within the same work week should be the first recourse of supervisors, who are charged with managing and controlling overtime or the accumulation of compensatory time. Time sheets shall be approved and certified by the employee and Supervisor prior to submission to Payroll. Approving the timesheet is an indication the supervisor agrees with the time as recorded by the employee and is an authorization to pay the employee according to recorded time. 6 040620 HCBOC Page 247 Sect io n 13 . Ot her For ms of Time Unauthorized Work: Hours worked by an employee without permission from the Supervisor, Department Head, or authorized managerial representative shall not be considered time worked . Employees who are guilty of unauthorized work are subject to any adverse actionsdisc ipl inary action as addressed in Article IX. Travel time : County employees shall be credited for all time spent travelling while in furtherance of their service to the County, not including travel to and from work . Sect i on 10 . Invo l untary Demotion Any County employee whose current job performance , personal conduct, or other behavior is unsatisfactory or contrary to the mission and policies of Harnett County may be demoted to a lesser position, provided the employee shows promise of becoming a satisfactory employee in the future through his or her performance in a lesser position. If a demotion occurs because of an employee's failure in the performance of job duties or unbecoming personal conduct, the employee shall be provided with a written notice citing the recommended effective date and reasons for demotion . If the demoted employee fails to improve the unsatisfactory job performance, personal conduct, or other behavior, he or she may be open to other adverse actionsdisciplinary action in accordance with Article IX of th is policy. All full-time employees who are demoted may, however, appeal their demotion in accordance with the appeal rights addressed in Article X of this policy. See Article Ill , Section 9 for information on pay decre ases when an involuntary demotion occurs. Sectio n 9. Inte rn et Access Poli cy Purpose : The purpose of the Harnett County Technology Use and Internet Access Policy is to set certain acceptable parameters for employees who have access to technology and to place such employees on notice that m isuse of the County technology carries certain penalties. Ownership : It should be understood by all Harnett County employees that all County technology devices and all data stored in such devices are the property of Harnett County and may be accessed, shared , stored , moved , and deleted at any time . Policy: It is the policy of Harnett County that all employees who have access to technology do not misuse such a privilege and use such access for acceptable and legitimate purposes . Therefore, the County provides the following guidelines for all users of Harnett County computers: A. Use of County resources for accessing the internet and other public networks is primarily for work-related purposes. B. Employees must act responsibly when participating in discussion groups on any public network. 7 040620 HCBOC Page 248 C . Employees will not download any unapproved software from the internet without prior approval from the IT Department. D. Employees will not use Real Player, I-Tunes, Spotify, or any other online music software while on Harnett County time . E. Employees shall not abuse their internet privilege by using this access to express his or her political views , showcase his or her opinions on controversial issues, or act in any other way that would tend to reflect negatively on the County . F. Employees will not send or disp lay any obscene or disruptive messages, files, or images that may contain explicit language , excessive violence, nudity, or any other form of indecent content. G . Employees will only share confidential or personally identifiable information through approved secure communication options . Monitoring Responsibilities : A. It shall be the responsibility of the immediate Supervisor or Department Head to remind his or her employees on an as needed basis of this policy and the importance of adhering to its mandates. In addition , Supervisors or Department Heads must also monitor an employee's internet access in order to avoid violations. B . The IT Department shall monitor all internet traffic of all County employees to ensure that this policy is followed and adhered to. Violations : Any violation of this policy shall subject an employee to any number of adverse act ions disciplinary action as described in Article IX depending on the number, nature, and severity of the offense . Section 12. Performance Re v iews A performance review is an annual review in which an employee's overall job performance is evaluated by his or her Supervisor and/or Department Head. Each County employee should undergo a formal performance review conducted by his or her Supervisor and/or Department Head on at least an annual basis . This review should be conducted around the employee's yearly anniversary date of the current position . All performance rev iews should be completed with impartiality and are to be based around the merit principle. The purpose of the performance review is to provide a mechanism for communication between Supervisors, Department Heads, and employees, to evaluate strengths and weaknesses , and to set future goals. Performance reviews may be used as evidence to support an employee's raise or promotion or to justify an adverse actiondisciplinary action being taken against the employee . Completed reviews should be placed in the employee's personnel file and are subject to the rules and regulations addressed in Article XII of this policy. 8 040620 HCBOC Page 249 Section 8. Shared Leave Policy Purpose : The Harnett County Shared Leave Policy provides an opportunity for County employees to assist one another in times of need when an employee may have to be absent from work for a prolonged period of time resulting in loss of income due to a lack of accumulated leave. Therefore, any full-time County employee may donate accrued leave. as outlined in this section. to an employee who has been approved to receive voluntary shared leave a specified number of hours from their accrued leave to help another employee who has exhausted all forms of his or her accumulated leave. due to a medical condition of the employee or of a member of the employee 's immediate family that causes an employee to exhaust all paid leave and compensatory time and will require the employee's absence for a pro longed period of time . The Shared Leave program is not a right but a privilege offered by the County and is subject to denial. Denial of participation in the Shared Leave program is not a grievable or appealable occurrence . EligibilityCovered Employees: -Any full-time County employee who has completed their new-hire probationary period is eligible to donate leave_, request donative leave , or receive donated leave. Temporary and part-time employees are not eligible for shared leave. Qualifying to Receive Leave: In order to receive shared leave, a covered employee must have complied with existing leave rules and: A. Have a prolonged medical condition that results in an absence from work for 20 consecutive days or more or have an immed iate family member that has a medical condition that requires an employee's absence from work for 20 consecutive days or more . Prolonged medical condition includes pregnancy complications or delivery complications where the complication results in an absence from work for 20 consecutive days or more. B . Apply for and follow procedures for FMLA. C. Apply for Shared Leave. D . Produce medical evidence to support the need for leave beyond the available accumulated leave, and E. Upon review of the Shared Leave Application and accompanying medical evidence, be approved by the County to participate in the program. Any employee receiving leave, however, is required to apply and follow the procedures of the FMLA and must be unable to v.iork due to an accident, chronic illness or major medical condition of themselves or that of an immediate family member. lneligibilityNon-q ualifying Reasons : : Part time County employees are not eligible to donate leave, request donative leave , or receive donated leave. Also, aAny employee or immediate family member experiencing, undergoing , or receiving the following is ineligible to participate: A. Short term or sporadic conditions or illnesses that require an absence from work for less than 20 consecutive days, B. Elective SurgeryJ. C. Normal Pregnancy and chi ldbirth where there are no complications that require a covered employee to be absent from work for 20 consecutive days or more, or D. Worker's Compensation benefits.:. 9 040620 HCBOC Page 250 The Application Process : Any full-time employee who wishes to request leave through the Shared Leave Policy must submit an Application to Receive Shared Leave Form provided by the Human Resources Department at www.Harnett.org or found in Appendix C of this Ordinance . This form should be accompanied by, if not already filled out and submitted by the employee, a Comprehensive Information Release Form found in Appendix E of this Ordinance. A . These This forms must be submitted to the appropriate Supervisor or Department Head who shall review the merits of the request and forward it to the Human Resources Department with a recommendation for approval or disapproval. B. The Human Resources Department will further review the request with an Employee Shared Leave Committee. The Committee and Human Resources Director will make a recommendation to the County Manager. C . The County Manager shall approve or deny all requests for receipt of shared leave and shall determine the length of the leave, not to exceed the employee's or family member's period of treatment and recovery . D. Once approved, the Human Resources Department shall advise all county employees regarding the request for shared leave. E. Direct solicitation of employees for shared leave donations by the employee requesting shared leave is not permitted under any circumstances . The Donation Process: A. Any employee who wishes to donate a specified number of hours from their vacation leave or compensatory time to an employee requesting shared leave must complete the Shared Leave Donation Form provided by the Human Resources Department at www.Harnett .org or found in Appendix C of this Ordinance. B. This form must be submitted to his or her Department Head who shall forward it to the Human Resources Department within the time period specified. C. Any employee donating leave may elect to donate a minimum of four (4) hours of their a c crued leavevacation leave or compensatory time up to any amount that would not drop his or her total accrued leave balance below 80 hours. A donating employee , however, may not donate more leave than he or she could earn in a year. D. Any donated leave will convert into sick leave for the employee requesting shared leave, is taxable, and will be added to the recipients W-2 as income. E. Once leave is donated and transferred to the receiving employee, any leave not used shall be returned to all donating employees on a pro-rata basis . Limitations & Restrictions : A. The donated amount of shared leave will only be utilized after all other sources of the recipient's own leave have been completely exhausted. B . A donating employee may not receive any form of compensation for the donation of leave from the County or the employee requesting shared leave . Acceptance of remuneration for donated leave shall be grounds for disciplinary action as addressed in Article IX. C. No employee may directly or indirectly intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce any other employee for the purpose of interfering with any right a County employee may have with respect to donating, receiving, or using leave under this program. Such action shall be grounds for disciplinary action as addressed in Article IX. 10 040620 HCBOC Page 251 D. County employees may not donate to or receive leave from family members employed in other local governments or State agencies, institutions, community colleges , or technical institutes. E. Full-time e~mployees who regularly work a 40 hour workweek or ten (10) hour shifts requesting shared leave may emy-receive a maximum of 480 hours of donated leave.:. each calendar year. Full-time employees who regularly work nine (9) hour or twelve (12) hour shifts shall be eligible to receive a maximum of 540 hours of donated leave. Full-time employees who regularly work 24 hour shifts shall be eligible to receive a maximum of 720 hours of donated leave. All maximums outlined in this subsection shall apply to the 12 month period following approval of an employee's participation in the shared leave program . F . Shared Leave may not be used to extend an employee's time in leave status beyond one year from their last date worked or beyond the time necessary for an employee or family member to be treated and recover. G . Individual employee leave records are confidential and are subject to the regulations found in Article XII. H. County employees should not reveal their donated leave amounts to the recipient of shared leave or to other employees . I. Donated leave shall not be claimed for reimbursement under current subrogation law. The County of Harnett shall not report paid donated leave as reimbursable to an attorney representing a County employee in a third party subrogation claim . Retention and Continuation of Benefits : Any employee who receives shared leave continues to accrue any form of leave addressed in Article VI , receives any salary increases or bonuses for which he or she would have otherwise been eligible , and may continue to be eligible for benefits under the County's group insurance plans. Accounting and Usage Procedures: The Human Resources Department is responsible for the establishment and maintenance of a system of leave accountability that will accurately record leave donations and recipient's use. Such accounts shall provide a clear and accurate record for financial and management audit purposes. Such a system should include the following: A. Maintaining a list of all donating employees and the hours donated by each B. Adequate and prompt notification of any donated leave , the amounts of that donated leave , and when leave is granted to the re c ipient and the Finance Department h_Notification of actual leave deductions to the donating employees and the Finance Department. ~D. A donating employee will receive their pro rata share of any unused donated leave upon a qualifying employee's return to work. 11 040620 HCBOC Page 252 ARTICLE VIII. SEPARATIONS, DEPARTURES, & REINSTATEMENTS Section 1 . Types of Separations & Departures Any separations or departures that occur between County employees and the County shall be designated as one of the following types as defined in Article I, Section 3 and shall follow the prescribed procedures as described below: A. Suspension: 1. Any County employee may be temporarily separated excusedsuspended from his or her service to the County with or without pay due to the employee's current job performance, personal conduct , or other behavior that is unsatisfactory or contrary to the mission and policies of Harnett County. Suspensions without pay shall not exceed thirty (30) calendar days. 2 . Any employee separated in this manner shall be provided by his or herThe suspended emp loyee's Department Head shall provide w+tR-a Disciplinary Action Report detailing his or her suspension, whether this suspension is with or without pay, the reasons for the suspension, duration of the suspension, and what must be done by the employee upon returning to work. The Department Head executing the suspension shall notify the Human Resources Department and the County Manager immediately. The Disciplinary Action Report shall then be delivered to the employee by certified mail, filed in the employee's personnel file , and also filed with the County Manager. This form may be found in Appendix D of this Ordinance. 3. Any employee separated from the C o unty in this mannerAn employee suspended for the reasons stated above will be allowed his or her may appeal his or her suspension in accordance with the appeal FigRtsGr ievance and Appeal Policy as addressed in Article X. B. Investigatory Suspension : 1. Any County employee may be temporarily separated excusedmay be placed on investigatory suspension from his or he r service to the County with pay in order to provide the County with more time to thoroughly investigate a situation or to reach a decision concerning an employee's status. Such separation may also be utilized to avoid undue disruption or to protect County employees and property. 2 . Any investigatory separation in this manner suspension shall not exceed forty-five (45) calendar days. If no action has been taken against the employee by the end of the forty-five (45) day period, one of the following must occur: i. The employee shall be reinstated to his or her current position. -.-The employee will be subjected to appropriate disciplinary actions based on the results of the investigation in accordance with the Deisciplinary Action P~olicy as addressed in Article IX. G-,.C . Voluntary Resignation / Quitting : L Any County employee who wishes to voluntarily resign or quit his or her position with the County should give the immediate Supervisor and Department Head a minimum of two (2) weeks oral or written notice. Once the employee's two (2) weeks are up , and the employee has not informed the County otherwise, the employee shall be considered resigned from the position and the position may be filled in the discretion of the County. If a 12 040620 HCBOC Page 253 resignation has been accepted by the County , it shall be the County's sole discretion whether to allow an emp loyee to rescind the resignation . 4-:-2 . The County reserves the right to provide an employee with up to two weeks ' pay in lieu of notice in situations where job or business needs warrant. &.-3 . Any County employee who fails to report to work without giving written or verbal notice to his or her Supervisor or Department Head for a period of at least three (3) days will be considered to have voluntarily resigned the position. Separation or departure in this manner will not occur until the employee 's Department Head and/or the Human Resources Director has made all reasonable efforts to contact the employee by calling the employee 's last known telephone number or sending the employee a certified , return receipt requested letter to the employee 's address . ~4. If an employee voluntarily resigns or quits his or her position with the County in the above described manners , the employee will have no appeal rights as addressed in Article X . e-cD . Dismissal/ Involuntary Resignation/ Termination: 1. Any County employee may be dismissed from duty, forced to involuntarily resign their position , or terminated by the County in accordance with the Ddisciplinary Action Pt:3 olicy addressed in Article IX. 2 . Before a full time permanent County employee may be dismissed , terminated , or asked to resign from his or her position, the following must occur unless the sound and considered judgment of the County Manager or Department Head executing the dismissal believes immediate action is 1Narranted because of the number, nature , and severity of the offense causing the dismissal , termination , or invo l untary resignation . The Supervisor or Department Head re commending dismissal should discuss the recommendation with , and receive approval of, the Human Resources Director and the County Manager. After approval is received a dismissal conference shall be held between the Supervisor, Department Head, Human Resources Director, the employee, and a witness or security personnel, if necessary. The Supervisor or Department Head recommending dismissal shall present the employee v.iith the specific reason(s) for the proposed dism issal along 1Nith a brief summary of any information that supports the dismissal. The emp loyee has a right to respond with any information or documentation that he or she believes does not warrant his or her dismissal. If, at the end of this dismissal c onference, the Department Head determines that dismissal is still justified , he or she must present the employee with a completed Disciplinary Action Report that explains the specific reasons for dismissal and the employee's appeal rights if any exist. However, if the Department Head believes that dismissal is not warranted based on the information presented by the employee , he or she may elect to defer the dismissal. The Disciplinary Action Report may be found in Appendix D of this Ordinanc e . Upon dismissal on the basis of unsatisfactory job performance as addressed in Article IX , Section 7, Subsection B , an employee may be given up to two weeks' notice before he or she is permanently dismissed from servi c e to the County. In exceptional 13 040620 HCBOC Page 254 circumstan ces , and with the approval of the County Manager, payment of up to two weeks ' salary may be given in lieu of a noti ce. '+-:2. Any employee separated from the County in this manner w ill be allowed his or her appeal rights as addressed in Arti cle X. J;:.,.E . Reduction in Force 1 . In the event that a reduction in force becomes necessary, consideration shall be given to the quality of each employee 's past work performance, current work ethic, experience, and substantive training . Department needs and seniority will also be taken into consideration , but the primary information will come from an employee's past performance reviews. 2 . Any employees who are scheduled to be laid off shall be given at least two (2) weeks' notice . No full-time permanent employees shall be separated while there are temporary employees serving in the same class in the department, unless the full-time permanent employee is not willing to transfer to the position held by the temporary employee. 3 . Any employee separated from the County in this manner will be allowed his or her appeal rights as addressed in Article X. G-:-F . Disability 1. Any County employee may be separated or depart from service to the County due to any physical or mental condition that limits movement, senses, or activities to such a degree that the County employee is unable to complete his or her essential job duties. 2 . Separation in this manner may be initiated by the employee or the County, but in all cases must be supported by medical evidence from a physician . 3 . Separation in this manner is subject to the certification requirements addressed in the Family Medical Le ave A ct section of this Ordinance . Arti c le VI , Section 12 , Subsection D 3 . 4. Before an employee is separated due to disability, a reasonable effort shall be made to locate alternative positions within the County for which the employee may be suited. 5 . Any employee separated from the County in this manner will be allowed his or her appeal rights as addressed in Article X , as long as the employee did not initiate the separation. FhG . Retirement: Any County employee may be voluntarily separated or depart from service to the County by any means of retirement. Th is includes resigning from his or her position and drawing his or her retirement benefits from the County, LGERS, the supplemental retirement income plan , or Social Security. hH . Death: Separation in this manner entitles the estate of the employee to all compensation addressed in Article VI , Sections 3 & 4, and Article VII, Section 5. If a County employee voluntary resigns, quits, is dismissed , is involuntary forced to resign , or is terminatedJ. the employee's Supervisor or Department Head should inform the employee that out-processing is necessary and the employee should visit the Harnett County Human Resources Department. The Human Resources Department will then coordinate with the employee concerning distribution of retirement funds, 401 (k) contributions , continuation of medical benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA), conversion of life insurance plans , and a change of address, if necessary. 14 040620 HCBOC Page 255 Se ct ion 2. Rei n sta t e m e nts Any separated employee who volunta rily resigned in good stand ing or was separated from his o r her service to the County due to a reduction in force may be reinstated to his or her position within three (3) years from the date of separation . Any reinstatement will require the approval of the Department Head and the County Manager, but those employees who are reinstated shall be credited with all previous years of County service , any previously accrued sick leave, and will receive all benefits provided in accordance with this policy, federal law, and state law. The salary paid a reinstated employee shall be as close as reasonably possible to the salary previously paid to the employee, given the circumstances of each employee's case and the employee's newly acquired position . Any employee who enters extended active duty with the Armed Forces of the United States, the Public Health Service, or with the Armed Fo rces Reserves will be granted reinstatement rights in accordance with USERRA and Article VI , Section 9 of this pol icy. 15 040620 HCBOC Page 256 ARTICLE IX. DISCIPLINARY ACTION POLICY Section 1. Policy Coverage The following disciplinary actions policy covers only those full-time permanent employees in the service of the County. Any Harnett County employees who are part- time or on a probationary period are not covered by this policy and do not enjoy or retain any of the rights found within this Article . Any part-time or probationary employee~ are considered at-will employees and may be separated from their service to the County without justification or warning. Section 2. Adver se Disc ip lina ry Actions Any County employee , regardless of oc cupation , positi o n, or profession may be subject to disciplinary action . An adverse action is considered to be anything done by Harnett County to discipline a County employee including , but not limited to : an oral or written warning , suspension , demotion , dismissal , involuntary resignation , or termination . The type of adverse disciplinary action taken shall be based upon the sound and considered judgment of the County Manager, Assistant County Manager, or Department Head executing the action and may depend on the number, nature, and severity of the offense. Sec tion 3. Responsibilities of the County Manager The County Manager is responsible for maintaining the proper conduct and discipline of all County employees. He or she must be prepared to discipline those employees who fail to meet expectations and fall far below the standards mandated by the County. Therefore, when an employee's current job performance, personal conduct, or other behavior is unsatisfactory or contrary to the mission and policies of Harnett County, the County Manager may use any adverse disc iplina ry action sanctioned by the County to discipline the employee depending on the number, nature, and severity of the offense. Section 4. Responsibilities of Department Heads , Supe r viso rs and Assista nt County Man ager s Department Heads-, Sup e rviso rs, and Assista nt Co unty Managers are responsible for maintaining the proper conduct and discipline of employees under their supervision. They must be prepared to discipline those employees who fail to meet expectations and fall far below the standards mandated by the County. Therefore, when an employee's current job performance, personal conduct, or other behavior is unsatisfactory or contrary to the mission and policies of Harnett County, a Department Head , Superviso r or Assista nt Co unty Ma nag e r may use any a dverse di sc iplin a ry action sanctioned by the County to discipline the employee depending on the number, nature, and severity of the offense. How e ver, S up e rvis ors are not a uthorized to use adverse a ction to disc ipline th e empl o yee a nd mu st d efe r t o the Departm ent Hea d to take a ny su ch action . Sec tion 5. Review of Disciplinary Documents 16 040620 HCBOC Page 257 All written documents pertaining to any disciplinary actions covered under this policy, whether prepared by a Department Head , Superviso r, A ssistan t County Manager, or the County Manager, must be reviewed by the Human Resources Director prior to being provided to a County employee who is to be disciplined. If th e Human Resources Dire ctor is the subject of disciplinary action, the Lega l Department or legal counsel retained for the disciplinary matter shall review the disciplinary documents . Sec t io n 6 . D isc ip li nary Co n fe ren ces After a Department Head or the County Manager has decided to take any form of adverse action against a County employee for unsatisfactory job performance or unsatisfactory or contrary personal conduct, the exe c uting Department Head o r County Manager shall provide the employee with a discip linary conference. At this conferen ce the employee may present any response to the proposed adverse action to be taken to the Department Head o r County Manager. The Department Head o r County Manager will c onsider the employee's response , if any , to the proposed adverse action , and will notify the empl o yee in writing of his o r her final decision . Th is final written notice shall include the nature of the adverse a ction being taken , its recommended effective date , and the reas on(s) the action is being taken against the employee . Section 7. Reasons for Discipline A. Discipline for Just Cause 1 . Discipline for just cause refers to any situation where the County Manager.,_ Assistant County Ma nager, Supervisor or a Department Head executes some form of adverse disciplinary action in order to discipline an employee for some justified reason. 2. Any adverse disciplinary action sanctioned by the County may be used to discipline any County employee for just cause. 3. Any disc ipline adverse action executed by a Department Head , Assistant County Manager, or the County Manager for just cause does not require any sort of warning or other written notice . B. Discipline for Unsatisfactory Job Performance 1. Three Warning Rule: Any County employee who is subject to discipline for unsatisfactory job performance shall receive at least three (3) warnings before an adverse action is taken. Such warnings shall be issued to the employee at a disciplinary conferenc e and shall include the nature of the proposed action , its re comme nded effective date, and the reason(s) for the action. These warnings, along with employee discussion notes and any other documents pertaining to such warnings, are to be placed in the employee's personnel file and are subject to Article XII. i. First Offense: For the first offense, at least one (1) doc umented oral warning detailing the employee's unsatisfactory job performance must be issued by the employee's Supervisor or Department Head. ii. Second Offense: For the second offense, at least one (1) written warning must be issued by the employee's Supervisor or Department Head notifying the employee in writing of how he or she is performing unsatisfactorily and what must be done for the employee to achieve satisfactory performance. iii. Third Offense: For the third offense, a final written warning must be issued by the employee's Department head o r Su pervisor. A final written warning serves as a notice to the employee that he or she 17 040620 HCBOC Page 258 continues to have unsatisfactory job performance , that any steps taken to correct such unsatisfactory performance have failed , and that some form of adverse action is forthcoming. 2. In the sound and considered judgment of the County Manager, Assistant County Manager, or Department Head executing the action, taking into consideration the number, nature , and severity of the offense, determines that immediate action is warranted, the Three Warning Rule may be disregarded . 3 . Actions or conditions relating to unsatisfactory job performance that are adequate grounds for discipline in accordance with this policy include, but are not limited to :The following actions or conditions relating to unsatisfactory job performance are representative of those actions or conditions considered to be adequate grounds for discipline in accordance with this policy: i. Inefficiency, incompetence , or any other deficiency of an employee in the performance of his or her job duties . ii. An employee's careless or improper use of County property or equipment. iii. An employee's physical or mental incapacity to perform the essential duties of his or her position with the County. iv. An employee's discourteous treatment of the public or any other County employees . v . An employee's absence from work without notice or leave. vi. An employee's habitual improper use of leave privileges . vii. An employee's habitual pattern of failure to report for duty at the assigned time and place. C . Discipline for Unsatisfactory or Contrary Personal Conduct 1 . In accordance with this policy, County employees who personally act , engage in , or otherwise condone personal conduct or other behavior that is unsatisfactory or contrary to the mission and policies of Harnett County may be subject to any form of adverse discip linary action sanctioned by the County. Such behavior is unbecoming of a County employee and any adverse consequences from such unsatisfactory or contrary conduct will reflect poorly on the entirety of Harnett County. 2. Any adverse disciplinary actions taken under this policy will be determined by the sound and considered judgment of the County Manager, Assistant County Manager, or Department Head executing the action , taking into consideration the number, nature, and severity of the offense . 3. Actions relating to unsatisfactory or contrary personal conduct that are considered grounds for disciplinary action in accordance with this policy include, but are not limited to : The following actions relating to unsatisfactory or contrary personal conduct are representative of those actions considered to be adequate grounds for discipline in accordance with this policy: i. Personal conduct or other behavior unbecoming a public officer or County employee . ii. The conviction of an employee for a felony or misdemeanor that would adversely affect performance of job duties. iii. An employee's no contest plea to a felony or misdemeanor charge. iv. The direct misappropriation of County funds or property by a County employee or his or her help in the cover up of such a misappropriation of County funds or property . v. Falsification of County records by a County employee . 18 040620 HCBOC Page 259 vi. An employee reporting to work under the influence of alcohol or illicit drugs_-or partaking of such substances while on or off duty. Prescribed medications, however, may be taken within the limits set by a licensed physician so long as the employee complies with requirements set forth in the Harnett County Drug and Alcohol Policy .~ vii. An employee's willful damage or destruction of public or personal property. viii. An employee's willful acts that endanger or will endanger the lives and/or property of other employees or other members of the County . ix . Acceptance of gifts in exchange for favors or influence. x. An employee's incompatible employment or conflict of interest that disrupts his or her job performance . &_Any violation of the political activity restrictions placed on County employees. xii . Insubordination . 4xii i. The willful violation of known or written policies, rules, or procedures. Section 6. Adverse Act i on Co nferences After a Department Head, Assistant County Manager, or the County Manager has decided to take any form of adverse action against a County employee for unsatisfactory job performance or unsatisfactory or contrary personal conduct, the executing Department Head, Assistant County Manager, or County Manager shall provide the employee with an adverse action conference . At this conference the employee may present any response to the proposed adverse action to be taken to the Department Head , Assistant County Manager, or County Manager. The Department Head , Assistant County Manager, or County Manager will consider the employee's response, if any, to the proposed adverse action, and will notify the employee in writing of his or her final decision . This final written notice shall include the nature of the adverse action being taken, its recommended effective date, and the reason(s) the action is be ing taken against the employee . An employe e may be immediate ly terminated and shall not be entitled to an adverse action conference if the County Manager determines that an employee 's conduct endangers or will endanger the lives and /or property of other employees or other members of the County or engages in any other gross miscondu ct which necessitates the immediate termination of the employee. 19 040620 HCBOC Page 260 ARTICLE X. GRIEVANCE & APPEAL POLICY Section 1. Purpose In order to maintain a harmonious and cooperative relationship between the County and its employees , it is the policy of Harnett County to provide a just and fair procedure for the presentation, consideration, and disposition of any employee grievances. The purpose of this section is to implement this policy and to assure all full-time employees that their grievances will be answered and decided fairly, quickly, and without interference, coercion, restraint , discrimination, penalty, or reprisal. The following policy, therefore, provides grievance and appeal procedures for all full- time employees of Harnett County who: (1) feel they have been discriminated against because of age, sex, race, religion, color, national origin , visible or nonvi~ handicaps , genetic information. politica l affiliation. disability, or pregnancy~, (2) have been the subject of any adverse action executed under the Disciplinary Action Policy addressed in Article IX, (3) have been separated from employment due to a reduction in force or disability addressed in Article VIII; or (1~) have a genuine non-frivolous grievance with the County, its employees, or any implementation of County policy. Section 2. Covered Employees This policy covers only those full-time employees in the service of Harnett County. Such full-time County employees shall have the uninhibited right to present a grievance in accordance with the following grievance procedures, with or without a representative , free from interference, coercion, restraint, discrimination, penalty, or reprisal. Any Harnett County employees who are part-time or on a probationary period are, however, not covered by this policy and do not enjoy or retain any of the rights found within this Article. ARy-P~art-time or probationary employee§. are considered at-will employees and may be separated from their service to the County without justification or warning and may not appeal or file a grievance pertaining to such separation. Section 3. Grievance Defined A grievance is defined as a specific, formal notice of a full-time County employee's dissatisfaction, based upon an event or condition which affects the circumstances under which an employee works, and that is expressed through the appropriate grievance procedures. The particular dissatisfaction complained of should be reasonable to the average person and may not be frivolous, but may include: (1) any acts of discrimination against an employee because of age, sex, race, religion , color, national origin, visible or nonvisible handicapsgenetic information. political affiliation, disability , or pregnancy; (2) any adverse action executed under the Disciplinary Action Policy addressed in Article IX; (3) separation from employment due to a reduct ion i n force or disability addressed in Article VIII; or (3) any unfair application, misinterpretation , or lack of established County policy. Section 4. Grievance Procedures Note: Before initiating any steps of the following grievance procedures, employees are strongly encouraged to seek informal resolution of disputes through communication with 20 040620 HCBOC Page 261 the individual(s) involved or with a Supervisor. If all efforts for informal resolution fail, the employee should follow the below procedures to seek formal resolution . Step One : Any full-time employee may file a written grievance with his or her Supervisor or Department Head or with the Human Resources Director within thirty (30) calendar days of the date of the incident giving rise to the grievance. The written grievance shall state concisely the basis for the grievance and, if based on alleged discrimination, whether the alleged discrimination was based on race, color, religion , sex, national origin, polit ical affiliation, genetic information.non disqualifying handicap disability, pregnancy. or age . If the grievance is related to any alleged acts by the Human Resources Director. the employee shall file the written grievance with an Assistant County Manager designated by the County Manager. If the grievance is related to any alleged acts by the County Manager, the employee shall file the written grievance with the County Attorney or counsel retained to review the matter. Step Two: Whoever receives the grievance , whether the Supervisor, Department Head er-The Human Resources Director, shall meet with the employee and issue a written response within five (5)ten (10) business calendar days of receipt of the grievance. To prepare this written response ... the Supervisor, Department Head, or Human Resources Director may contact and consult any other County employees he or she deems necessary to reach a correct, impartial, and equitable determ ination concerning the grievance. The employee shall sign and date the written determination as an acknowledgement of the Supervisor, Department Head , or Human Resources Director's decision . If the grievan ce is related to any alleged acts by the Human Resources Director. the Ass istant County Manager designated by the County Manager shall meet with the employee and issue the written response . If the grievance is related to any alleged acts by the County Manager, the County Attorney, or counsel retained to review the matter. shall meet with the employee and issue the written response . Step Three: If the employee is unsatisfied with the determination of the Supervisor, Department Head, or Human Resources Director or Assistant County Manager, he or she may appeal this determination by preparing and submitting an Appeal Packet to the County Manager within thirty (30) calendar days after receipt of the Supervisor, Department Head , or Human Resources Director's or Assistant County Manager's written determination . This Appeal Packet shall consist of the employee 's first written grievance, the written determination of the Supervisor, Department Head , or Human Resources Director or Assistant County Manager, and any other documentation he or she feels is necessary. If the grievance is related to any alleged acts by the County Manager. the Appeal Packet shall be submitted to the Chairman of the Harnett County Board of Commissioners . Step Four: On c e this Appeal Packet has been received , the The County Manager will hear from all parties involved and. after careful consideration of the submitted documents, shall render a written determination within ten (10) business days of receipt of the Appeal Packet. , in conjunction with the Human Resources Department, may, if the situation warrants , create a Grievance Committee \vithin thirty (30) calendar days of receipt of the Appeal Pa c ket. This Grievance Committee may consist of four (4 ) employees selected by the County Manager, Human Resources Department , and the County Attorney . If the grievance is related to any alleged acts of the County Manager. the Harnett County Board of Commis sio ne rs shall hear the appeal and render a written determination . 21 040620 HCBOC Page 262 Step Five : The gathered Grievance Committee , if appointed , will hear all parties involved and , after careful consideration of the submitted documents, shall render a •.vritten determination to the County Manager within five (5) working days. Step ~Five: After receipt of the written determination of the Grievance Committee, tAeThe County Manager and the Human Re sources Department shall notify the employee of the Grievance Committee's determination and inform him or her of the final decision in writing . If the Chairman of the Board of Commissioners renders a written decision. the County Attorney. or counsel retained for the matter. shall notify t h e employee of the Board 's determination and inform him or her of the final decision in writing. The employee shall then sign this written final decision acknowledging that his or her grievance has been fully heard and his or her appeal rights concerning this issue have now been fully invoked under this policy. Note (Step SevenSix ): Employees subject to the jurisdiction of the North Carolina Personnel Office of State Human Resources Commission shall have the right to appea l to the State Personnel Commiss ion Office of State Human Resources through the Office of Administrative Hearings no later than thirty (30) days after receipt of the written final decision , provided the employee has obtained permanent status in accordance with the ru les and regulations of the State Personnel Commiss ion. The decisions of the state Personnel CommissionOffice of State Human Resources shall be binding in appeals of local employees subject to the State Personnel Act if the commission Office of State Human Resources finds that the employee has been subjected to discrimination or if a binding decision is required by applicable federal standards. However, in all other local employee appeals, the decision of the State Personnel CommissionOffice of State Human Resources shall be advisory to the local appointing authority . Sect i on 5. Gri evance Records All written grievances, compiled Appeal Packets, docum ents, records, and reports will be retained on record by Harnett County for a minimum of three (3) years. Such records shall be held by the Human Resources Director. Se cti o n 6. Other Reme di es The existence of the grievance procedures herein addressed does not preclude any individual from pursuing any other remedies available to him or her under local , state, or federal law. ARTICLE XIII. IMPLEMENTATION OF POLICY Sec t ion 1. Co nfli cti ng Poli cies Re peal ed All policies , ordinances , or resolutions that conflict with the provisions of this policy are hereby repealed . Section 2. Severab ility 2 2 040620 HCBOC Page 263 If any provision of this policy is held invalid , the remainder of this policy will not be affected by the invalidation. Section 3. Policy Violat ions Any employee found in violation of this policy shall be subject to any disciplinary actions adverse actions discussed in Article IX, in addition to any civil or crim inal penalty that may be imposed for the violation of the same under local, state, or federal law. 23 040620 HCBOC Page 264 APPENDIX 8 . ARTICLE V FORMS Harnett COUNTY Workplace Violence Incident Report This form is to be completed by the designated employee investigating the incident and filed immediately with Human Resources. Any victim, assailant, or witness statements, along with any other pertinent documents to the investigation, should be attached . Please print legibly, provide all the information requested below, and complete the entire form . Investigating Employee:--------------Date : -------- Title : ___________ Department: __________ _ Telephone : ( ___ ) _ _ --___ Date of Incident: _ / / _ Time : ---- Location of Incident:--------------------------- Street City State Zip Type of Incident Reported (Check all that apply): _Harassment _PhysicalNerbal Abuse _ Stalking _ violating a Restraining Order _Threatening Communications (Written)_ Threatening Communications (Verbal) _Domestic Violence _Fighting _Use of a deadly weapon or item as a weapon _Engaging in activities that are intended to frighten, coerce, or induce duress _ Other (Explain) _________________________ _ Reason for Incident (Check all that apply): _Conflict with current or former co-worker(s) _Alcohol or drug related _Mental Health _Conflict with Supervisor or Department Head _Hostile response to aR ,A,dverse AGtieRDi sciplinary Action _Reaction to a demotion, reduction in force , or other form of termination _Family/domestic dispute _Receiving a poor performance appraisal _Racial tension _Resisting Arrest _Other (Explain)-------------------- Injuries (Check all that apply): _Physical Injury _Trauma/Emotional Injury _Death Brief Description of Incident:----------------------- 24 040620 HCBOC Page 265 Victim Information: Information should be gathered by the investigating employee from the victim. The victim should record a brief description of the incident in the space provided below. Victim Name : Last ------------------------------First Middle Department of Victim: __________ Title of Victim:----------- Victim 's Phone Number: ( ___ ) ___ -__ _ Address of Victim: -----------------------------Street City State Zip Relationship to Assailant: _Co-worker/former employee _Customer/Client _Supervisor _Person In Custody _Stranger _Spouse _Family Member _Other Victim 's Brief Description of Incident: --------------------- -*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*- Assailant Information: Information should be gathered by the investigating employee from the assailant. The assailant should record a brief description of the incident in the space provided. Assailant's Name: -----------------------------Last First Middle Department of Assailant: _________ Title of Assailant: ________ _ Assailant's Phone Number: ( __ _) _ _ -___ _ Address of Assailant: ---------------------------Street City State Zip Relationship to Victim : _Co-worker/former employee _Customer/Client _Supervisor _Person In Custody _Stranger _Spouse _Family Member _Other Assailant 's Brief Description of Incident: ------------------- -*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*- Witness Account: If a witness is discovered or comes forward, he or she should complete this section of the form and provide a brief description of what he or she heard , saw, and felt. Name: --------------------------------- Last First Middle Date of Incident: __ / __ / __ Reported Date : __ / __ / __ Department: _______________ Title :-------------- Witness Phone Number: ( ___ ) _ _ -___ _ Address of Witness : ----------------------------Street City State Zip Brief Description of Incident:------------------------ 25 040620 HCBOC Page 266 APPENDIX C: ARTICLE VI FORMS - Harnett COUNTY t. t l I ~ A App li cation to Receive Shared Leave Any employee who wishes to receive leave that has been given to them by other generous employees must complete and submit this form to the Human Resources Department. A Family Member or Employee Medical Certification Form should be attached to this form so as to document the need to receive and use shared leave during an extended absence. Employee name : ______________________ ( _____ ) Last First Middle (Maiden) Social Security Number: ___ --__ --_ _ _ _ Date of Birth: __ / __ / Street Address:---------------------------- Street City State Zip Phone:( ___ ) ___ -___ Alternate Phone :( ___ ) ___ -___ _ Department: ____________ Title: ___________ _ Number of Leave Hours Requested (May not exceed 480 hou rsmaximum number of hours outlined in Shared Leave Policy): Employee Statement: I, as an employee of Harnett County, hereby request to participate in the Harnett County Shared Leave Program. I and/or a member of my immediate family has a seriou s medical condition that has been certified as such by a li censed physician and will require me to be absence from work for a prolonged period of time that has exhausted all of my leave . This serious medical condition is not an elective s urgery, normal pregnancy, or other uncovered medical illness . I am not re ceiving Worker's Compensation benefits nor do I plan to seek subrogation from a third party for the leave time . All of my accrued leave has already been exhausted and I am requesting donated Shared Leave hours as specified above . Initial one of the followin : I hereby authorize Harnett County to release information, including but not limited to personne l record, FMLA application. and medical documentation provided during the FMLA appl ication process to Human Resources staff. County Manger, and Share Leave Committee members for the sole purpose of determining approval of participation of in the Shared Leave program. I do not authorize Harnett County to release information. including but not limited to personnel record. FMLA application. and medical documentation provided during the FMLA application process to Human Resources staff. County Manger. and Share Leave Committee members for the sole purpose of determining approval of participation of in the Shared Leave program. I understand that refusing to authorize the sharing of information required for determ inin a roval will result in Shared Leave a lication bein denied. 2 6 040620 HCBOC Page 267 Initial one of the followin : I hereby authorize Harnett County to release information indicating that I. or a member of my immediate family, has a serious medical condition which would otherwise be confidential personnel record information and that I desire Shared Leave donations. I do not authorize Harnett County to release information indicating that I, or a member of my immediate family. has a serious medical condition. I understand that in refusing to share this information I ma reduce the willin ness of m co-workers to donate leave. _I hereby authorize Harnett County to release information indicating that I, or a member of my immediate family, has a serious medical condition which would otherwise be confidential personnel record information and that I desire Shared Leave donations. _I do not authorize Harnett County to release information indicating that I, or a member of my immediate family, has a serious medical condition . I understand that in refusing to share this information I reduce the willingness of my co workers to donate leave. By signing below I acknowledge that all the information contained on this form, and any information found in attachments to this form , is a true and correct representation and I am not, nor will I ever, provide the County with false information . Employee Signature Date Department Head Signature Date 27 040620 HCBOC Page 268 APPENDIX D: ARTICLE VII FORMS - Harnett COUNTY r I I I A. I ~ Disciplinary Action Report The following report should be completed by a Supervisor or Department Head, and shall not be supplemented by the help of other non-advisory employees. This report will act as a written notice of offense by an employee and will be considered aR adverse actiondiscip l inary action against an employee as addressed and defined in the Harnett County Personnel Ordinance Disciplinary Action Policy found in Article IX. A full time Harnett County employee may directly appeal the adverse action taken against them , as described in this report , If the discip linary action results in a full-time employee 's suspension, involuntary demotion, dismissal, involuntary resignation, or termination, the emp loyee may appeal the action in accordance with the Grievance & Appeal Policy as addressed in Article X of the Harnett County Personnel Ordinance . Supervisor/Department Head:----------------------- Last First Middle Employee name:---------------------------- Last First Middle Department: Title : Years of Service: ------------------ Type of Offense : _ Attendance Issues (Specify): ---------------- Carelessness Insubordination Failure to Follow Instructions _ Unsatisfactory Work Quality_ Safety Violations _ Violation of County Policies and/or Procedures _ Working on Personal Matter on County Time Other: ------------------------ Previous & Current Warninqs Oral Warning Written Warning Date of WarninQ WarninQ Issued By : 151 Warning 2nd Warning 3 rd Warning Description of Offense {If the Harnett County Personnel Ordinance or dept. SOG's has been violated please list the violated portion): Plan for Improvement:-------------------------- Adverse ActionDiscip l inary Action Taken :_ Oral Warning _Written Warning _Suspension _ Dismissal Other: ------------------- Consequences Should Offense Occur Again:----------------- 28 040620 HCBOC Page 269 By signi ng this form , you confirm , acknowledge , and understand the information in this disciplinary action report. You also confirm, acknowledge , and understand that you and your Supervisor or Department Head have discussed the adverse actiondisc iplinary action to be taken against you and the reasons it is being taken . You also know that you are expected to improve based on the plan for improvement provided and the consequences that will occur if you fail to improve or this offense occurs again . Signing this form, however, does not necessarily indicate that you agree with this adverse disciplinary action , nor does it suspend any appeal rights you may have under the Harnett County Personnel Ordinance. Employee Signature Date Supervisor/Department Head Signature Date Witness Signature (If employee refuses to sign) Date Human Resources Director Signature Date 29 040620 HCBOC Page 270 APPENDIX E: MISCELLANEOUS FORMS New Employee Policies Form The following information is critical for all County employees to read and understand. As an employee of Harnett County yo u are expected to review policies that govern the conditions of your employment located in the Personnel Ordinan ce . This form is in no way the complete list of policies that governs an employee's service . Employee access to the complete Personnel Ordinance can be found at www. harnett . orq . PLEASE INITIAL BY EACH TOPIC AND SIGN AT THE BOTTOM . Probation/Performance Reviews D Initial A probationary period is a continuous period of 6 months (12 months for law enforcement officers) where an employee is evaluated on job performance . Any probationary employee may be dismissed at any time without appeal rights . A full-time employee serving a probationary period following a promotion shall be demoted, in accordance with Article Ill , Section 9 and Article IV, Sections 1 O of the Personnel Ordinance, if unable to satisfactorily perform the newly assigned duties and responsibilities . Before completion of the probationary period , Supervisors or Department Heads must indicate in writing to the County Manager the following : (1) That the employee has been informed of his or her progress and growth during the probationary period , including the employee's accomplishments, strengths , weaknesses, and areas of improvement, (2) that the employee is or is not performing satisfactory work, (3) wh ether the probationary period should be extended , as long as an extension would not cause the probation to go beyond a year, and (4) whether the employee should be retained in the present position or should be relea sed , transferred , or demoted . Employees subject to the North Carolina Human Resources Act may not be on probation longer than nine (9) months . Attendance & Work Week D Initial Employees are hired with the understanding that they are responsible for reporting to work on time for every regul arly scheduled workday and any additional instances they may be needed by the Co unty. The established work week for Harnett County consists of a seven-day period beginning on Sunday and ending on Saturday. The normal work week for the County offices , however, shall be Monday-Friday from 8:00 - 5:00. All full-time County employees should be held to a Monday-Friday work week consisting of five eight-hour days (8:00 a .m . - 5:00 p.m .) with a one hour lunch break . All part-time County employees may work any number of hours between 8:00 and 5:00 as long as such employees do not exceed 29 hours per week or 129 hours per month. All hours are subject to change depending on the needs of the County. 30 Political Activity Restricted D Initial Each employee has a civic res ponsibility and duty to support good government by every available means and in every appropriate manner. In accordance with the United States Constitution, the North Carolina Constitution, and federal state , and local laws, each County employee has the right to (1) join or affiliate with civic organizations of a partisan or political nature, (2) attend political meetings, (3) advocate and support the principles or policies of civic or political organizations , and (4) support partisan or non-partisan candidates of their choice. However, no employee, while on duty for the County, may (1) engage in any political or partisan activity, (2) use official authority or influence for the purpose of interfering with the outcome of an election or nomination for political office , (3) contribute County funds for political or partis an purposes, (4) coerce or compel another employee of the County to contribute funds for political or partisan purposes, or (5) use any supplies or equipment of the County for political or partisan purposes. Any violation of this section s hall subject such employees to any disciplinary actions addres sed in Article IX of the Personnel Ordinance. Outside Employment D Initial Outside employment may be restricted to prevent interference with efficient County service. Any employee desiring outside employment must make a written request to the Department Head . The Department Head will review the request for possible incompatibility and conflict of interest. If the Department Head requests that the employee terminate the outside employment, and the employee refu ses; the employee will be subject to disciplinary actions as addressed in Article IX of the Personnel Ordinance . No employee will perform outside employment which is inconsistent with a professional code of ethics or appears to present a conflic t of interest. Employees will not be approved to perform outside employment for any person in their supervisory chain . Employees will not be approved to perform outside work while in a Family Medical Leave status . Any violation of this section shall subject such employees to any disciplinary a ctions addressed in Arti c le IX of the Person nel Ord ina nce. 040620 HCBOC Page 271 Unlawful Harassment D Initial Harnett County promotes a work environment free of unlawful workplace harassment and will not tolerate any employee who fails to follow this pol icy. Therefore , unlawful workplace harassment, in any of its many forms, is strictly prohibited . This prohibition , and the Unlawful Harassment Policy of Harnett County as explained below, applies to all County employees regardless of rank or position with the County. Unlawful Workplace Harassment may be defined as unwelcome or unsolicited speech or conduct based upon race, color, gender, religion , national origin, age or disability status that creates a hostile work environment or circumstance . Sexual harassment is a form of unlawful workplace harassment. Sexual harassment includes, but is not limited to, unwelcome statements or c onduct based on a person 's gender that creates a hostile working environment, such as gender-based jokes or negative gender-based remarks . It also may include sexual advances , requests for sexual favors , propositions, inappropriate touching , and other verbal or physical conduct of a sexual nature. Any employee, who witnesses or is the subject of an instance of unlawful workplace harassment, is encouraged to report the situation and/or complaint without fear of retaliation, orally or in writing, to his or her Supervisor or Department Head or directly to Human Resource . Any violation of this section shall subject such employees Ito any adverse disciplinary action addressed in Article IX of the Personnel Ordinance, along with any penalties under law. Emergency Operations D Initial In the event of natural or man-made disaster the County Manager and the BOC reserves the right to close all County offices, but still require County employees , essential and non-essential , to report to work to assist with any necessary emergency operations. However, those employees required to work will be compensated . Gifts & Favors D Initial No official or employee shall accept any gift, favor or thing of value that may tend or could be perceived to influence that employee in the discharge of their duties, or grant, in the discharge of duties, any improper favor, service, or thing of v alue . Any violation of this section shall subject such employees to any disciplinary actions addressed in Article IX of the Personnel Ordinance . COBRA D Initial Under the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985, Harnett County offers employees a nd their eligible dependents the opportunity for temporary extension of continuous insurance coverage in instances where coverage under the plan would otherwise end. Eligible employees have sixty days from the date of the notice to elect COBRA coverage . Tobacco Use Policy D Initial The use of tobacco products are prohibited in : (1) any building owned, leased, or occupied by the County, (2) on any grounds that are owned, leased or occupied by the County, and (3) within fifty (50) feet of buildings owned , leased or occupied by the County. 31 Equal Opportunity D Initial Harnett County does not di s criminate in recruiting , employment or the delivery of services/benefits with regard to race , creed , color, national origin , religion , political affiliation , gender, age, handicap or sexual preference . Individual employees are expected to maintain this philosophy throughout their tenure of employment with the County. Drug-Free Work Place Policy D Initial Harnett County seeks to provide a safe and secure workplace and community free from the debilitating effects of any drugs, alcohol , or other illegal substances . The County also hopes to promote a high standard of employee and community health and wellbeing . Therefore , to take every reasonable effort to keep drugs , alcohol , and other illegal substances out of the County work force and community, and in accordance with the Drug-Free Work Place Act of 1988, Harnett County has established a Drug-Free Work Place Policy. It is the policy of Harnett County that no employee shall possess , use, or distribute illicit drugs, alcohol , or other illegal substances on any property or facilities used , owned , or occupied by the County or while representing the County at any professional or social function. If, however, a county employee recognizes that a problem exists and initiates action to seek help, the County will work with the employee to resolve the situation . Any violation of this section shall subject such employees to any adverse discip l inar y action addressed in Article IX of the Personnel Ordinance, along with lawful penalties . Approved Use of Computers D Initial The purpose of the Harnett County Internet Access Policy is to set certain acceptable parameters for employees who have internet access and to place such employees on notice that misuse of the County internet carries certain penalties . It should be understood by a ll Harnett County employees that all County computers and all data stored in such machines are the property of Harnett County and may be accessed , shared , stored, moved, and deleted at any time. It is the policy of Harnett County that all employees who have internet access do not misuse such a privilege and use such access for acceptable and legitimate purposes . Therefore: (1) employees must act responsibly when participating in discussion groups on any public network; (2) employees will not download any software or screen savers from the internet without prior approval from the MIS Department, (3) employees will not use Real Player, I-Tunes , Spotify, or any other online music software while on Harnett County time ; (4) employees shall not abuse their internet privilege by using this access to express his or her politi cal views , showcase his or her opinions on controversial issues , or act in any other way that would tend to reflect negatively on the County; (5) employees will not send or display any obscene or disruptive messages, files, or images that may contain explicit language, excessive violence, nudity, or any other form of indece nt content. 040620 HCBOC Page 272 Family Medical Leave Act LJ Initial The Family Medical Leave Act (FMLA) of 1993 provides an employee with a right to Leave Without Pay (LWOP) for up to 12 weeks under specific circumstances, but an employee must have worked 12 months and 1250 hours . Leave under the FMLA may be based on multiple qualified reasons including : (1) the birth or adoption of a child , (2) the serious health condition of themselves or another immediate family member, (3) military exigency, or (4) to care for a injured military service member or veteran . A request for leave under the FMLA must be submitted in accordance with the procedures outlined in the Harnett County Personnel Ordinance. Harnett County uses the 12-month period measured forward from the date the employee's first FMLA leave begins to assess employee eligibility for FMLA leave. FMLA leave runs concurrently with any accrued forms of leave and with absences taken in connection with worker's comp claims . Flexible Benefits D Initial Harnett County offers a flexible benefits program, which includes medical and dental insurance, life and dependent life insurance, vision insurance, voluntary insurance options such as disability and cancer, and flexible spending accounts (FSAs) for employees who anticipate out- of-pocket medical and/or dependent day care expenses . The program is designed to allow eligible employees the opportunity to choose benefit coverage that best suits their needs . Benefit premiums through payroll deduction can be made with pre-tax dollars which provides significant tax savings. New employees are offered the opportunity to enroll in health , dental , and life insurance during new employee orientation and may enroll in the voluntary and flex benefits during open enrollment. During open enrollment, all employees have the opportunity to review their benefits and make changes as necessary. The open enrollment occurs in May and new selections are effective the following July 1. In accordance with IRS regulations , changes outside the open enrollment period are allowed only when the employee experiences a qualifying life event change. In these situations, an employee has 30 days from the life event change to notify Human Resources . A qualifying life event has occurred if the event falls into one of the following categories : Change in legal marital status; change in number of dependents, change in spouse's or employee's employment status, a dependent satisfies (or ceases to satisfy) eligibility requirements, a judgment, decree , or order; or Medicare or Medicaid eligibility. The election change must be consistent with the status change and may result in a premium change for you . Promotional Opportunities D Initial All vacant positions are posted at www.harnett.org . These announcements provide information about the position such as : duties, salary, qualifications requirement , and deadline for submission of applications . All Harnett County employees are encouraged to apply for any vacant position that they believe they are qualified. There are no time restrictions on how long after initial employment or promotion an employee must wait before they may apply for other positions in the Cou nty. Grievance Procedure D Initial In order to maintain a harmonious and cooperative relationship between the County and its employees, it is the policy of Harnett County to provide a just and fair procedure for the presentation , consideration, and disposition of any employee grievances. The County's purpose is to implement a grievance procedure that assures all full-time permanent employees that their grievances will be answered and decided fairly, quickly, and without interference, coercion, restraint, discrimination , penalty, or reprisal. The grievance policy, therefore , provides grievance and appeal procedures for all full-time permanent employees of Harnett County who: (1) feel they have been discriminated against because of age , sex, race, religion , color, national origin , visible or nonvisible handicaps, or pregnancy, (2) have been the subject of any adverse disc iplinary action executed under the Disciplinary Action Policy addressed in Article IX, or (3) have a genuine non-frivolous grievance with the County, it's employees , or any implementation of County policy. Uniform Policy D Initial If you are occupying a position that requires the wearing of a Harnett County furnished uniform, the County will clean and maintain the uniforms through a contract service. However, employees are responsible for turning in soiled uniforms and getting the equivalent quantity and type (shirts and trousers) back from the vendor as that turned in . Employees are responsible for inspecting all uniforms cleaned by the vendor and if the vendor shorts or damages assigned uniform , supervisors are to be notified immediately. Upon termination or a change to position that does not require uniforms ; employees must turn in all assigned uniforms. Damages beyond normal fair wear and tear, as determined by your supervisor, and shortages will be charged to you at the cost of replacement items. If not paid for beforehand, all shortages or damages will be collected from the employee 's paycheck. Pay Periods/Direct Deposit D Initial Employees are paid on the last working day of the month and are required to directly deposit all paychecks from the County to a federally recognized bank or credit union . This direct deposit of an employee funds reduces the amount of time the employee has to spend at the bank and is safer than manual deposit. To take full advantage of this program an employee should complete the Harnett County Direct Deposit form , however, employees will receive a paper check the first month after enrolling or making a change in their direct deposit preferences . 32 040620 HCBOC Page 273 3/5 Salary Adjustment LJ Initial The purpose of the 3/5 plan is to give County employees a way in which to gain and look forward ~o pre-determined pay increases after they have been in service to the County for 3 and 5 years . When an employee has been in the service of the County for a total of 3 years, taking into account demotions , promotions , transfers , reclassifications , or any other type of separation from service , the salary of the employee is to be increased to the half-way amount between his or her current salary and the job rate of the employee's current position . When an employee has been in the service of the County for a total of 5 years, taking into account demotions, promotions, transfers, or any other type of separation from service, the salary of the employee is to be increased to the job rate of the employee's current position . To ensure that an employee is not penalized for taking a promotion or receiving a reclassification , his or her current salary should be higher than if he or she had remained in the old position or the old grade. Therefore , the new salary for a promoted or reclassified employee should be at least $500 more if a 3/5 salary increase was due. Overtime/Compensatory Time D Initial Overtime work or work that will result in the accumulation of compensatory time shall be considered (1) any hours worked greater than 40 hours in a normal work week, or (2) work performed by any County employee at the direction, instruction, or knowledge of a Supervisor, Department Head , or authorized managerial representative , which exceeds the normal work week or work period of the employee. It is the policy of Harnett County that overtime or the accumulation of compensatory time be avoided at all times. Therefore, Supervisors or Department Heads sho uld arrange their employee work schedules so as to avoid overtime by accomplishing the required work within the hours of a normal workweek. Any overtime, however, must be duly authorized by a Supervisor or Department Head before payment for such services are rendered . Exempt employees, as defined by the Fair Labor Standards Act ("FLSA"), are exempt from earning any overtime pay in accordance with the FLSA, but, if required to work overtime , shall receive compensatory time off at a rate of one (1) hour for each hour of overtime worked. Non-exempt employees , as defined by the Fair Labor Standards Act ("FLSA"), are entitled to overtime pay in accordance with the FLSA. Two types of non- exempt employees exist: (1) regular work schedule employees and (2) irregular work schedule emplo~ees . Sworn law enforcement officers shall only receive overtime pay at the rate of one and one-half (1 and Y:i) times their regular rate of pay for any hours worked over the first 171 hours worked in a 28-day cycle. Holidays LJ Initial The followi ng days, and any others that the BOC may designate , are considered holidays with pay for any full- time County employees or Administrator working within the confines of the established Harnett County workweek . The amount to be paid to each employee for every holiday is described in the Harnett County Pers onnel Ordinance. Whatever day the holiday falls on shall be observed as a paid holiday off by the County. When, however, a holiday (other than Christmas Day) falls on a weekend , Friday shall be the County's rd observed ho, ay. Holiday Number of Davs Off New Year's Dav 1 Martin Luther King , Jr 1 Dav Good Friday 1 Memorial Dav 1 lndeoendence Dav 1 Labor Dav 1 Veterans Dav 1 Thanksqivina 2 Christmas 3 .. Vacation D Initial Vacation leave may be used at any time by any employee as earned with the approval of the appropriate Supervisor, Department Head , or County Manager, however, certain Supervisors , Department Heads, or County employees , as designated by the County Manager, must take at least fi ve (5) consecutive workdays of accrued vacation leave per calendar year . Those employees under a probationary period may not use their accumulated vacation time until the probationary period is over unless special circumstances exist and an exception is approved . Charts found within the Harnett County Personnel Ordinance describe the manner of accumulation of vacation time in detail. Years of service with other North Carolina governmental agencies , North Carolina counties, and the North Carolina State government, along with years of service with other EMS or Sheriff/Police Departments may be considered when calcu lating vacation leave accrual amounts provided that verification of that accumulated sick leave is received from the previous employer and that the employee was not reimbursed for these days. Years of service , however, may only be transferred from the employee's last p lace of employment immediately prior to their employment with the County. Petty Leave D Initial All full-time County employees sha ll be allowed fourteen (14) hours per year of petty leave with pay beginning January 1 of each calenda r year. These fourteen ( 14) hours are over and above any other leave an employee may accrue. Petty Leave , therefore, may be used in conjunction with any other type of leave, but may only be used in increments of fifteen (15) minutes up to a maximum of three (3) hours at one time. 33 040620 HCBOC Page 274 Sick Leave D Initial Sick leave shall be used and granted to County employees for: (1) any absence that is approved as a qualifying event under the Family and Medical Leave Act ("FMLA"), (2) employee sickness or bodily injury, (3) exposure to or infection with a contagious disease, (4) required physical , dental , or mental examination or treatment, (5) an illness or medical appointment of an employee 's spouse, child, parent, or parent-in-law that requires the presence of the employee , or (6) death in the employee 's immediate family. A Supervisor, Department Head , or County Manager may require an employee to provide a physician 's certificate concerning the nature of the illness and the employee's physical capacity to resume duties for each occasion on which an employee uses sick leave. Charts found within the Harnett County Personnel Ordinance describe the manner of accumulation for sick leave in detail. Years of service with other North Carolina governmental agencies , North Carolina counties , and the North Carolina State government, along with years of service with other EMS or Sheriff/Police Departments may be considered when calculating sick leave accrual amounts provided that verification of that accumulated sick leave is received from the previous employer and that the employee was not reimbursed for these days. Years of service , however, may only be transferred from the employee's last place of employment. Leave Without Pay D Initial Any full-time County employee may be granted leave without pay for up to one (1) year by the appropriate Supervisor, Department Head , or the County Manager. Such leave may be used for reasons of prolonged personal illness, prolonged illness of an immediate family member, personal disability, after all other forms of accrued leave have been exhausted , educational needs , special work or ongoing classes , or for other reasons deemed appropriate. Shared Leave Policy D Initial The Harnett County Shared Leave Policy provides an opportunity for County employees to assist one another in times of need when an employee may have to be absent from work for a prolonged period of time resulting in loss of income due to a lack of accumulated leave. This policy, therefore, allows any full-time County employee to donate a specified number of hours from their accrued leave to help another employee who has exhausted all forms of his or her accumulated leave. Employees may donate leave or apply to receive leave in accordance with the Personnel Ordinance . Workers Compensation Leave D Initial Any full-time County employee absent from duty because of sickness or disability covered by the North Carolina Workers Compensation Act may receive worker's compensation benefits and elect to use their accumulated leave as a supplemental payment for the difference between his regular salary and the payments received under the NCWCA. Workers Compensation Leave D Initial Any full-time County employee absent from duty because of sickness or disability covered by the North Carolina Workers Compensation Act ("NCWCA") may receive worker's compensation benefits and elect to use their accumulated leave as a supplemental payment for the difference between his regular salary and the payments received under the NCWCA. Military Leave D Initial Any full-time County employee who is a member of the Armed Forces , Reserves , National Guard, or other uninformed services will be allowed 96 hours annually {127 .68 hours annually for EMS and Sherriff Department employees) to be used for any military training that an employee may be mandated to undergo. If compensation provided such an employee by the United States while on military leave is less than the normal salary such an employee would have earned working his or her typical work schedule, the employee shall receive partial compensation from the County equal to the difference in the two amounts. Every effort will be made by the County to maintain the employee's normal salary during such an employee 's period of military leave . If a County employee's military duty is required beyond the allotted 96 or 127.68 hours, the employee shall be allowed to recoup the loss wages through the use of his or her accumulated leave. If the employee, however, does not have any accumulated leave or his or her accumulated leave runs out, the employee shall be in a leave without pay status. Regardless of other portions of this policy and the employees pay status, while taking military leave an employee's leave credits and other benefits shall continue to accrue as normal and any time spent in mi litary leave will not run concurrently with FMLA leave . Civil Leave D Initial When any full -time County employee is called for jury duty or as a court witness for the federal or state governments or a subdivision thereof, they shall receive leave with pay from the County, along with any payments or travel allowances received for such civic duties, without need to use any of their accumulated leave. While on civil leave, all benefits and forms of leave shall continue to accrue as normal. 34 040620 HCBOC Page 275 Adverse Weather Policy D Initial Harnett County must ensure the delivery of services to citizens and business even during times of adverse weather. Considering the varied geographic locations and diverse populous of this County, it is the intent of this Adverse Weather Policy to establish a uniform Countywide plan regarding how operations will be affected during times of adverse weather and to establish guidelines for accounting for time and for releasing non-essential personnel from work when: (1) adverse weather prohibits or adversely impacts the ability of non-essential personnel to report to work or to remain at work, or (2) adverse weather necessitates the suspension of non-essential operations . This policy will not go into effect until the County Manager has determined that normal operations at all Harnett County facilities is jeopardized by the existence of adverse weather that may put lives or property in danger. Essential personnel are those employees who are required to work during adverse weather. Essential personnel are required to report to or remain at work during any adverse weather conditions. They are to continue to perform their job duties and responsibilities during the adverse weather to the best of their abilities . If an essential employee refuses to report to work, remain at work, or be carried to work by County transportation once this policy has been activated the employee will not be granted administrative leave and will be charged absent. Essential employees are not allowed to take a day off at such future time to compensate for working during an emergency. Any compensation received by such employees for working during an emergency is governed by the Emergency Operations Compensation policy found in the Personnel Ordinance . Non-essential personnel are those employees who may be approved for administrative leave during adverse weather. Once this policy has been activated administrative leave for nonessential personnel may be granted in the discretion of the County Manager to administratively excuse all non-essential personnel. Administrative Leave will be granted to employees in the amount of hours the employee is scheduled to work, not to exceed 10 hours . Entitlement to admin istrative leave depends on the non-essential employee 's status at the time of the announcement, when the adverse weather develops , and how it affects County operations . Volunteer Leave D Initial Harnett County seeks to foster a workforce that cares for the surrounding community and offers support to those individuals throughout the County that may need support. With this in mind the County allows all full-time County employees one and one-half (1 ~) hours of administrative leave each week to perform volunteer work at any Harnett County school, any school in which an employee has a child , or any Harnett County non- profit organization. This leave may be used in conjunction with an employee's lunch break or any other form of accrued leave an employee may have, but will not accumulate and shall not be carried over from week to week. To utilize this form of a leave an employee must receive advanced approval (at least 48 hours) from his or her Supervisor, Department Head, or the County Manager. Once such volunteer leave has been utilized, an employee must provide his or her Supervisor or Department Head with some form of evidence or documentation that the volunteer service was actually completed. Parent Involvement Leave D Initial Harnett County believes that parent involvement is an essential component of school success and positive student outcomes. Therefore, Harnett County shall grant four (4) hours per year of leave to any full-time County employee who is a parent, guardian , or person standing in loco parentis of a school-aged child so that the employee may attend or otherwise be involved at that child 's school. This leave may be used in conjunction with any other form of accrued leave an employee may have, but may not accumulate and shall not be carried over from year to year. To utilize this form of a leave an employee must receive advanced approval (at least 48 hours) from his or her Supervisor, Department Head, or the County Manager. Once such leave has been utilized, a Supervisor, Department Head , or County Manager may require some form of documentation for the employee 's school involvement. All the information stated above is critical for all County employees to read and understand. As an employee of Harnett County you are expected to review policies that govern the conditions of your employment located in the Personnel Ordinance. This form is in no way the complete list of policies that governs an employee's service with the County. Employee access to the complete Harnett County Personnel Ordinance , which includes policies governing all County employees, can be found at www.harnett.org . By signing below you acknowledge that you have read and agree to abide by the policies and conditions of employment found on this form and any found within the Harnett County Personnel Ordinance. Employee Signature Date 35 040620 HCBOC Page 276 Sect i on 7. U nla w fu l Wor k place Hara ssment Policy Notes: The policy expressed below is a summary of the policies and procedures found within the Harnett County Workplace Violence Prevention Policy. This policy, in its entirety may be found in Appendix B of this Ordinance . Harnett County promotes a work environment free of unlawful workplace harassment and will not tolerate has zero tolerance for any employee who fails to follow this Pt3 olicy. Therefore, unlawful workplace harassment, in any of its many forms form , is strictly prohibited . This prohibition , and the Unlawful Workplace Harassment Policy of Harnett County as explained below, applies to all County employees regardless of raRk status o r position within the County. A violation of this policy may result in d isciplinary action, up to and including, termination along with any penalties under federal, state. or local law. Unlawful Workplace Harassment may be is defined as unwelcome or unsolicited speech or conduct based upon race , color, gendersex,_ religion , national origin, age, genetic information , po litical affiliation. or disability status that creates a hostile work environment or under circumstances involving qu iiJ C pro quo. Sexual Harassment: Sex ual harassment is a specific type of unlawful workplace harassment a form of unlavlful workplace harassment. Sexual harassment inc ludes, but is not limited to , unwelcome statement or conduct based on a person's gender that creates a hostile working environment, suc h as gender based jokes o r negative gender based remarks . It also may include sexual advances , requests for sexual favors, propositions, inappropriate touching, and other verbal or physical conduct of a sex ual nature defined by federal guidelines as unwelcome sexual advances, requests for sexual favors , and other verbal or physical conduct of a sexual nature when : • Submission to such conduct is made, either explicitly or implicitly, as a condition of the employee's employment • Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting such employee ; or • Such conduct has the purpose or the effect of unreasonably interfering with an employee's work performance or creating an intimidating , hostile , or offensive work environment. There are varieties of prohibited acts of sexual harassment that can take range from subtle pressure to physical assault. Some examples of this type of conduct, by definition , includeJ. but are not limited to : • Ithreats of sexual relations or sexual contact that is not freely or mutually agreeable to both parties ; continual or repeated verbal abuse of a sexual nature (graphic commentaries on the person's body, sexually suggestive objects or pictures placed in the work area that may embarrass or offend 040620 HCBOC Page 277 the employee, sexually degrading words to describe the person , or propositions of a sexual nature) • Ithreats or insinuations that the employee 's employment, wagesJ. promotional opportunities, job assignments , or other conditions of employment may be adversely affected by not submitting to sexual advances • sexual harassment includes , but is not limited to , Ut1nwelcome statements or conduct based on a person's gender that creates a hostile working environment, such as gender-based jokes or negative gender-based remarks. It also may include sexual advances, requests for sexual fa\1ors, propositions, inappropriate touching, and other verbal or physical conduct of a sexual nature. • Pf}hysical conduct such as unwanted touching hugging , kissing , intentional brushing tJS-.!dQ_against the employee 's body, or repeated sexual flirtations and propositions • 6any unwelcome verbal comments or physical advances of a sexual nature or hostile or physically aggressive behavior directed to an employee , which either affects the employee 's conditions of employment, interferes with their ability to perform their job, or creates an intimidating or hostile work environment. Policy Procedures: A. Any employee, who witnesses or is the subject of an instance of unlawful workplace harassment, is encouraged to report the situation and/or complaint without fear of retaliation, orally or in writing, to his or her Supervisor or Department Head or directly to the Human Resources Department Director. Upon notification of a situation or complaint, the Supervisor, Department Head, or Human Resources D irector shall direct the alleged victim to complete the Unlawful Workplace Harassment Form provided in Appendix B of this Ordinance. The Unlawful Harassment Form shall be turned into their Supervisor, Department Head. or Human Resources Director. If a Supervisor or Department Head is notified of an instance of unlawful workplace harassmentreceives the completed form , he or she must inform forward it to the Human Resources Department Director within three (3) working days of comp letion of the form . through the use et by completing the Workplace Violence Incident Report provided in Appendix B of this Ordinance. If the Human Resources Director is the alleged offender. the alleged event and Unlawful Workplace Harassment Form shall be provided to the Legal Department. B . Once the report or complaint is received, along with any supporting evidence and/or documentation, the Human Resources Department Director shall, if necessary and without investigation, take immediate action to stop and/or remedy the inappropriate conduct. If immediate action is not necessary, the Human Resources Department Director shall notify all concerned parties that a complaint has been filed and an investigation will be conducted by the-_Human Resources Department, afi€l-the Legal Department . or retained outside legal 040620 HCBOC Page 278 counsel. Legal Departments . If the Human Resources Director is the alleged offender, all actions shall be taken by the Legal Department or legal counsel retained to investigate the matter. C . The investigation may consist of interviewing the concerned parties , the alleged offender(s) and witnesses, along with gathering any relevant evidence or documentation not already available . The investigation should be completed and a report given to the County Manager within fifteen (15) working days of the receipt of the complaint. An extension of not more than 30 days , however, may be granted upon request by an agreement between the Human Resources Director and the County Manager. If the County Manager is the alleged offender , the report shall be provided to the Board of Commissioners and any extension of the investigation shall be granted upon request by the Board . "'" D. All concerned parties , employees , and departments should be completely cooperative during the investigation . Failure to do so may result in immediate disciplinary action in accordance with Article IX. E. Once a thorough investigation of the complaint is completed, the Human Resources Department Director, or, if the Human Resources Director is the alleged offender. the Legal Department or legal counsel retrained to investigate the matter, shall inform the concerned parties, the appropriate Supervisor or Department Head, and the County Manager of the outcome of the investigation. Once this has been completed , Following the notification of the results , the Human Resources Director, along with the County Manager, shall ensure that all appropriate actions are taken to remedy the situation and to reprimand the perpetrator. If the County Manager is the alleged offender, results of the investigation shall be reported to the Board of Commissioners and the Board, along with the Human Resources Director, Legal Department, or outside counsel retained to investigate the matter, shall ensure that all appropriate actions are taken . F . After the investigation, all complaints, investigatory files , and other pertinent documents will be held as remain confidential unless these documents must be released because of federal, state, or local law. Retaliation : Retaliation means any adverse action taken against an individual for filing a discrimination charge , testifying. or partic ipating in any way in an investigation, proceeding, or lawsuit related to discriminatory employment practi .;c es based on race , religion, color, national origin, sex, age, disability, political affiliation or genetic information; or because of opposition t o employment pra ctices in violation of this Policy . Retaliatory actions, no t san ctioned by the Human Resources Department or County Manager, Retaliation against any of the concerned parties , the alleged offender(s), witnesses , or those conducting the investigation will not be tolerated and is against Harnett County Poli cyshall be subject to disciplinary action . G:- A,ny County employee , Supervisor, Department Head , Administrator, County Manager, or member of the BOC Board of Commissioners found in violation of this poli c y is 040620 HCBOC Page 279 subject to disciplinary actions in accordan c e with Arti c le IX of this policy , along ¥.iith any and a ll pena lties under federa l, state , or local law . 040620 HCBOC Page 280 UNLAWFUL WORKPLACE HARASSMENT FORM This form must be completed and signed by the complainant and turned into their supervisor, department head, or Human Resources Director. If the supervisor or department head receives the complaint, it must be forwarded to the Human Resources Director within three (3) days of completion of thi s form. Please print legibly, provide all the information requested below, attach all pertinent documents and statements in support of yo ur complaint, and sign upon completion. Date: --------- Employee Name: _____________ _ Department: _______________ _ Job Title: ----------------- Name of your supervisor: ------------ COMPLAINT INFORMATION I. Individual(s) who allegedly committed act of harassment against you: Name: Title: Department: -------------------------- Name: __________ Title: _________ Department: ______ _ Name: __________ Title: _________ Department: ______ _ 2. Date( s) of alleged harassment: 3. Location(s) of alleged harassment: 1 040620 HCBOC Page 281 4. Please describe in detail the alleged harassment committed by each identified individual: (if more space is necessary, attach additional sheets) 5. Please identify all employees or others who witnessed and/or have any knowledge of the alleged harassment, describing what was witnessed and/or the nature of such knowledge: 6. Please Answer the Following Questions: 1. Are there any documents supporting your complaint? (if yes, please attach to this form) 11. Is there any physical evidence which supports your claim? (If yes, please describe): 111. Have you missed any work time as a result of this incident 1v . Is the alleged harassment continuing? v. Have you previously complained about this or related incidents to your supervisor, department head, or any other County employee? (if yes, answer the next question) v1. Please identify the person(s) to whom you complained, date(s), and nature of complaint: 2 Yes No 040620 HCBOC Page 282 7. What action do you believe is necessary to prevent the alleged incident from occurring in the future? The information provided in this complaint is true and correct to the best of my knowledge. I am willing to cooperate fully in the investigation of my complaint and provide whatever evidence the County deems relevant. Signature Print Name Date 3 040620 HCBOC Page 283 Clean copy -changes incorporated 040620 HCBOC Page 284 Section 3. Definitions (Li ste d Alphabetically} The following definitions shall be applied to the entirety of this policy wherever such words are used . The definitions found below shall be binding on all Harnett County employees without exception. Adverse Action: Any disciplinary action taken by Harnett County which directly results in an employee's suspension (not including investigatory suspension), involuntary demotion, dismissal, involuntary resignation, or termination . Adverse Weather: Any weather condition that adversely impacts an employee's commute to and from work or adversely impacts the County's ability to continue normal operations. Anniversary Date: An employee's original date of employment with the County. Appointing Authority: Any individual or board who has the responsibility to assign or place a person into a position. Covered Active Duty: For members of the Regular Armed Forces this term means, duty during deployment of the member with the Armed Forces. For members of the Armed Forces Reserve this terms means, duty during deployment of the member with the Armed Forces to a foreign country under a call or order to active duty in support of a contingency operation. Class: Positions or groups of positions having similar duties and responsibilities requiring similar qualifications, which can be properly designated by one title indicative of the nature of work performed, and which carry the same salary range. Cost of Living Increase: An annual adjustment to all pay ranges that may be made by the BOC. Such an adjustment would become effective on July 1 of each year. Daughter: A biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and incapable of self-care because of a mental or physical disability. The onset of a disability may occur at any age for purposes of this policy. Death : The permanent ending of vital processes of any County employee . Disability: Any physical or mental condition that limits movement, senses , or activities to such a degree that the employee is unable to complete his essential job duties and is considered temporarily or permanently disabled . Disciplinary Action : Any corrective measure taken by the County to improve or address an employee's job performance, personal conduct, or other behavior that is unsatisfactory or contrary to the mission and policies of Harnett County. Dismissal : The act of Harnett County permanently removing an employee from service because the employee's current job performance, personal conduct , or other behavior is unsatisfactory or contrary to the mission and policies of Harnett County. This word shall be considered as a synonym for an involuntarily resignation or a termination. 1 040620 HCBOC Page 285 Employee : A. Full-Time Employee : 1. Permanent: A person appointed to a particular position , designated as full-time by the BOC , to perform duties and responsibilities required on a continuous and probably annually recurring basis . Such an employee's average work week will total 40 hours. Such an employee will have completed a probationary period to the satisfaction of the Supervisor or Department head and is entitled to all appeal rights and benefits afforded to them under this policy proportionate with the number of hours worked . 2 . Limited Service : Any employee whose service is intended to be of limited duration but who work a normal workweek, not to exceed 12 months or in the case of a grant, the grant period. This definition excludes individuals suppl ied under contract by an outside agency. Such an employee is ineligible for any County benefits except holiday leave and retains no appeal r ights under this policy, but may have those employee benefits mandated by federal or state law. B . Part-Time Employee: 1. Permanent: Any employee who is appointed to a particular position for which the average work schedule is less than 29 hours per week or not more than 129 hours per month . Such an employee is ineligible for any County benefits (including no health benefits nor holiday pay) and reta ins no appeal rights under this policy, but may have those employee benefits mandated by federal or state law. 2. Limited Service: Any employee who is appointed to a particular position and whose service is intended to be of limited duration and who work less than the normal workweek. Paid interns who are employed for a limited duration fall under this category. Such an employee is ineligible for any County benefits (including no health benefits nor holiday pay) and retains no appeal rights under this policy, but may have those employee benefits mandated by federal or state law. C. Probationary Employee : A person appointed to a particular position, designated as full-time by the BOC, to perform duties and responsibilities required on a continuous and probably annually recurring basis who has not completed the probationary period . Such employees do not have appeal rights . Amended November 21, 2016 Essential Personnel : Employees who are required to work during adverse weather because they have been designated by a Department Head or County Manager. Essential Operations : Services that have been determined to be essential by the County Manager and therefore , shall be continued during adverse weather. Grievance: A specific, formal notice of a full-time permanent County employee's dissatisfaction based upon an event or condition which affects the circumstances under which an employee works expressed through the appropriate grievance procedures. The particular dissatisfaction complained of should be reasonable to the average person and may not be frivolous, but may include: (1) any acts of discrimination against an employee because of age , sex , race, religion , color, nationa l origin , visible or nonvisible handicaps, or pregnancy; (2) any adverse action executed under the Disciplinary Action Poli cy addressed in Article XI ; (3) have been separated from employment due to a reduction in force or disability addressed in Article VIII ; or (4 ) a ny unfair application , misinterpretation, or lack of establi shed Co unty policy. 2 040620 HCBOC Page 286 Hiring Rate: The initial salary or hourly rate paid an employee when hired into the county's service . This is normally the first step in the employee 's salary range . Immediate Family: This term includes the following familial relationships: wife, husband , mother, father, brother, sister, daughter, son , grandmother, grandfather, grandson, granddaughter, aunts , and uncles. Included within this term are the step -, half-, in-law, and in loco parentis relationships . Those individuals living within the same household may also fall within the confines of this term . In Loco Parentis: Federal law defines in loco parentis as including those with day-to-day responsibilities to care for or financially support a child . Employees who have no biological or legal relationships with a child may, nonetheless, stand in loco parentis to the child and are entitled to some federal leave benefits , however, those employees seeking to claim such federal leave benefits may be asked to prove their status . Incomplete : A form , certification , or other important document to be delivered to the County will be considered incomplete if one or more of the applicable entries on the form , certification , or document have not been completed. Insufficient: A form , certification, or other important document to be delivered to the County will be considered insufficient if the information provided is vague , unclear, or non-responsive. Failure to sign a form, certification , or document will also result in it being considered insufficient. Investigatory Suspension : The act of Harnett County temporarily removal an employee from his or her service to the County with pay in order to provide the County with more time to thoroughly investigate a situation or to provide more time for a Department Head or the County Manager to reach a decision concerning an employee 's status. Involuntary Demotion : The act of Harnett County reassigning an employee to a position or classification having a lower salary range than the employee's current position or classification because the employee 's current job performance , personal conduct, or other behavior is unsatisfactory or contrary to the m ission and policies of Harnett County. Involuntary Resignation: The act of Harnett County forcing an employee to involuntarily resign from his or her position due to the employee's current job performance , personal conduct , or other behavior that is unsatisfactory or contrary to the mission and policies of Harnett County. This word shall be considered as a synonym for a dismissal or termination . Irregular Work Schedule Employee: Any employee who , on a regular, rotating, or intermittent basis, works an evening or night who maintains a work schedule beyond the day shift or any employee who works a day shift whose work schedule is subject to change on a regular, rotating , or intermittent basis . Job Rate: The median salary or hourly rate an employee may receive when hired , promoted , or receiving a raise . Maximum Salary Rate : The maximum salary authorized for an employee within an assigned salary grade by the Harnett County Pay Plan . 3 040620 HCBOC Page 287 Maximum Hourly Rate : The maximum hourly rate authorized for an employee within an assigned hourly grade by the Harnett County Pay Plan . Mental/Phys ical Disability: A mental or phys ical impairment that substantially limits one or more of the major life activities of an individual. Major l ife activities include , but are not limited to , activities such as caring for oneself, performing manual tasks , seeing , eating , standing , reaching, breathing , communicating , and interacting with others, as well as major bodily functions, such as brain function , immune system, or normal cell growth . Conditions that are episodic or remission are considered disabilities if the condition would substantially limit a major life activity when active . Next of Kin: The nearest blood relative in the following order of priority: (1) a blood relative who has been designated in writing by the person in question as their next of kin, (2) blood relative who has been granted legal custody of the person in question, (3) brothers and sisters, (4) grandparents, (5) aunts and uncles , (6) first cousins . If a person has been designated in writing as the person 's next of kin, they are to be considered that person 's only next of kin . However, if there are multiple family members with the same level of relationship to the person , all such family members are considered to be the person 's next of kin . Non-Essential Personnel: Employees who may be approved for administrative leave during adverse weather because their positions have been designated as such by their Department Head or the County Manager. Non-Essential Operations: Services that have been determined non-essential by the County Manager and therefore may be suspended during adverse weather. Outside Employment: Outside employment is considered any and all employment or self-employment for salaries, wages , tips, or commissions other than the position currently held by the employee with Harnett County. Parent: A biological, adoptive , step, or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a child. This term does not include parents in-law. Pay Plan : A schedule of pay ranges arranged by minimum, job rate, and maximum salary rates for each class assigned to the salary range. Performance Review: An annual review in which an employee's overall job performance is evaluated . This is designed to enhance communications between employees and supervisors and to facilitate employee growth . Position : The employees appointed classification which describes the duties and responsibilities to be fulfilled by that employee. Probationary Period : A continuous period of 6 months (12 months for law enforcement) where an employee is evaluated on job performance. Any employee serving a probationary period may be dismissed at any time without a right to appeal. Promotion: The reass ignment of an employee to an existing position or classification that has a higher salary ran g e than the position or classification from which the rea ssignme nt is ma de . 4 040620 HCBOC Page 288 Reclassification: The reassignment of an existing position from one class to another based on changes in the job duties and content. Reduction in Force : A separation from employment with the County due to lack of funds , lack of work, or redesign or elimination of position(s), with no likelihood or expectation that the employee will be recalled to County service . Regular Work Schedule Employee: Any employee who typically works a set schedule which consists of an average of 40 hours a week or 2080 hours per year. Reinstatement: The act of the County re-establishing a separated employee who voluntarily resigned or was separated due to a reduction in force to his or her position . Retirement: The act of an employee voluntarily resigning from his or her position with the County and drawing his or her retirement benefits from the County, LGERS , the supplemental retirement income plan , or Social Security. Salary Grading System : A grading system used by the County to organize all positions into manageable grades. All positions in any single grade are sufficiently comparable to warrant one range of pay rates. Salary Plan Revision: The uniform raising or lowering of the salary ranges of every grade within the salary range. Salary Range : The minimum, job rate , and maximum salary levels for a given salary grade for hiring purposes. Salary Range Revision: The raising and lowering of the salary range for one or more specific classes of positions within the Harnett County Pay Plan . School: Any public school , private church school, church or religious charter school , or nonpublic school that regularly provides a course of grade school instruction . School may also include any preschool or child care facility . Serious Health Condition : Any med ical condition which requires inpatient care at a hospital, hospice, or residential medical care facility , or any medical condition which requires continuing care by a licensed health care provider. This policy shall cover any illness of a serious and long-term nature resulting in re c urring or lengthy absences. Any chronic or long term health condition resulting in a period of incapacity longer than three (3) days is to be considered a serious health condition . Son : A biological, adopted , or foster child , a stepchild , a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and incapable of self-care because a mental or physical disability. The onset of a disability may occur at any age for purposes of this poli cy. Special Salary Adjustment: An increase in salary within the range based on department head recommendation. Spouse : A husband or wife as defined and recognized under North Carolina law for the purposes of marriage in this state, including common law marriage. 5 040620 HCBOC Page 289 Suspension : The act of Harnett County temporarily removal an employee from his or her service to the County with or without pay because of the employee 's current job performance, personal conduct, or other behavior that is unsatisfactory or contrary to the mission and policies of Harnett County. Termination : The act of Harnett County terminating an employee due to the employee's current job performance, personal conduct, or other behavior that is unsatisfactory or contrary to the mission and policies of Harnett County. This word shall be considered as a synonym for an involuntarily resignation or a dismissal. Transfer: The reassignment of an employee from one position or department to another position or department. Voluntary Demotion: The act of an employee voluntarily, without any undue force , pressure, or outside influence, stepping down to accept a County position with less complex job duties and responsibilities. Voluntary Resignation : The act of an employee voluntarily, without any undue force, pressure , or outside influence, permanently stepping down from his or her current position with the County. This word shall be considered as a synonym for the act of an employee quitting his or her position. Section 12 . Time Sheets Any time sheets required by County policy shall accurately reflect the hours worked by employees. However, work schedules can be adjusted in some circumstances to provide the flexibility needed to address situations that require employees to work more than their regular work week without significant additional costs . In order to adhere to Article Ill, Section 11 of the Harnett County Personnel Ordinance, "Planning to avoid overtime," employees should adjust their time sheets within the work week to avoid overtime or the accumulation of compensatory time whenever possible. Even though an employee may work more than their regular schedule in a given workday, their work schedule shall be adjusted so that they do not work more than their regular schedule in a given work week, thereby avoiding overtime or the accumulation of compensatory time. There may be situations in which an employee must physically work more than their regular work week and overtime or the accumulation of compensatory time is unavoidable, however whenever possible, overtime or the accumulation of compensatory time should be avoided. Adjustments of time within the same work week should be the first recourse of supervisors, who are charged with managing and controlling overtime or the accumulation of compensatory time . Time sheets shall be approved and certified by the employee and Supervisor prior to submission to Payroll. Approving the timesheet is an indication the supervisor agrees with the time as recorded by the employee and is an authorization to pay the employee according to recorded time . Section 13. Other Forms of Time 6 040620 HCBOC Page 290 Unauthorized Work: Hours worked by an employee without permission from the Supervisor, Department Head , or authorized managerial representative shall not be considered time worked. Employees who are guilty of unauthorized work are subject to disciplinary action as addressed in Article IX. Travel time : County employees shall be credited for all time spent travelling while in furtherance of their service to the County, not including travel to and from work. Section 10. Involuntary Demotion Any County employee whose current job performance, personal conduct, or other behavior is unsatisfactory or contrary to the mission and policies of Harnett County may be demoted to a lesser position , provided the employee shows promise of becoming a satisfactory employee in the future through his or her performance in a lesser position. If a demotion occurs because of an employee's failure in the performance of job duties or unbecoming personal conduct, the employee shall be provided with a written notice citing the recommended effective date and reasons for demotion. If the demoted employee fails to improve the unsatisfactory job performance, personal conduct, or other behavior, he or she may be open to other disciplinary action in accordance with Article IX of this policy. All full-time employees who are demoted may, however, appeal their demotion in accordance with the appeal rights addressed in Article X of this policy. See Article Ill, Section 9 for information on pay decreases when an involuntary demotion occurs. Section 9 . In te rnet Acc ess Policy Purpose: The purpose of the Harnett County Technology Use and Internet Access Policy is to set certain acceptable parameters for employees who have access to technology and to place such employees on notice that misuse of the County technology carries certain penalties. Ownership : It should be understood by all Harnett County employees that all County technology devices and all data stored in such devices are the property of Harnett County and may be accessed, shared, stored , moved, and deleted at any time . Policy: It is the policy of Harnett County that all employees who have access to technology do not misuse such a privilege and use such access for acceptable and legitimate purposes. Therefore, the County provides the following guidelines for all users of Harnett County computers: A. Use of County resources for accessing the internet and other public networks is primarily for work-related purposes. B. Employees must act responsibly when participating in discussion groups on any public network. C. Employees will not download any unapproved software from the internet without prior approval from the IT Department. D. Employees will not use Real Player, I-Tunes, Spotify, or any other online music software while on Ha rnett County time. 7 040620 HCBOC Page 291 E. Employees shall not abuse their internet privilege by using this access to express h is or her political views, showcase his or her opinions on controversial issues, or act in any other way that would tend to reflect negative ly on the County. F. Employees will not send or display any obscene or disruptive messages, files , or images that may contain explicit language, excessive violence, nudity, or any other form of indecent content. G. Employees will only share confidential or personally identifiable information through approved secure communication options. Monitoring Responsibilities : A. It shall be the responsib ility of the immediate Supervisor or Department Head to remind his or her employees on an as needed basis of this policy and the importance of adhering to its mandates. In addition, Supervisors or Department Heads must also monitor an employee's internet access in order to avoid violations. B. The IT Department shall monitor all internet traffic of all County employees to ensure that this policy is followed and adhered to . Violations: Any violation of this policy shall subject an employee to disciplinary action as described in Article IX depending on the number, nature, and severity of the offense. Section 12. Performance Reviews A performance review is an annual review in which an employee 's overall job performance is evaluated by his or her Supervisor and/or Department Head . Each County employee should undergo a formal performance review conducted by his or her Supervisor and/or Department Head on at least an annual basis . This review should be conducted around the employee 's yearly anniversary date of the current position . All performance reviews should be completed with impartiality and are to be based around the merit principle. The purpose of the performance review is to provide a mechanism for communication between Supervisors, Department Heads, and employees , to evaluate strengths and weaknesses, and to set future goals. Performance reviews may be used as evidence to support an employee's raise or promotion or to justify disciplinary action being taken against the employee. Completed reviews should be placed in the employee 's personnel file and are subject to the rules and regulations addressed in Article XII of this policy. 8 040620 HCBOC Page 292 Secti o n 8 . Sh a r ed Le ave Pol icy Purpose: The Harnett County Shared Leave Policy provides an opportunity for County employees to assist one another in times of need when an employee may have to be absent from work for a prolonged period of time resulting in loss of income due to a lack of accumulated leave. Therefore, any full-time County employee may donate accrued leave, as outlined in this section, to an employee who has been approved to receive voluntary shared leave due to a med ical condition of the employee or of a member of the employee 's immediate family that causes an employee to exhaust all paid leave and compensatory time and will require the employee 's absence for a prolonged period of time. The Shared Leave program is not a right but a privilege offered by the County and is subject to denial. Denial of participation in the Shared Leave program is not a grievable or appealable occurrence. Covered Employees: Any full-time County employee who has completed their new- hire probationary period is eligible to donate leave or receive donated leave . Temporary and part-time employees are not elig ible for shared leave. Qualifying to Receive Leave : In order to receive shared leave, a covered employee must have complied with existing leave rules and : A. Have a prolonged medical condition that results in an absence from work for 20 consecutive days or more or have an immediate family member that has a medical condition that requires an employee's absence from work for 20 consecutive days or more. Prolonged medical condition includes pregnancy complications or delivery complications where the complication results in an absence from work for 20 consecutive days or more, B . Apply for and follow procedures for FMLA, C . Apply for Shared Leave, D. Produce med ical evidence to support the need for leave beyond the available accumulated leave , and E. Upon review of the Shared Leave Application and accompanying medical evidence, be approved by the County to participate in the program . Non-qualifying Reasons: Any employee or immediate family member experiencing , undergoing , or receiving the following is ineligible to participate : A. Short term or sporadic conditions or illnesses that require an absence from work for less than 20 consec utive days, B. Elective Surgery, C . Pregnancy and childbirth where there are no complications that require a covered employee to be absent from work for 20 consecutive days or more , o r D. Worker's Compensation benefits . The Application Process: Any full-time employee who wishes to request leave through the Shared Leave Policy must submit an Application to Receive Shared Leave Form provided by the Human Resources Department at www.Harnett.org or found in Appendix C of this Ordinance . A . This form must be submitted to the appropriate Supervisor or Department Head who shall review the merits of the request and forward it to the Human Resources Department with a re comme ndation for approval or disapproval. 9 040620 HCBOC Page 293 B. The Human Resources Department will further review the request with an Employee Shared Leave Committee. The Committee and Human Resources Director will make a recommendation to the County Manager. C. The County Manager shall approve or deny all requests for receipt of shared leave and shall determine the length of the leave, not to exceed the employee's or family member's period of treatment and recovery . D . Once approved , the Human Resources Department shall advise all county employees regarding the request for shared leave. E. Direct solicitation of employees for shared leave donations by the employee requesting shared leave is not permitted under any circumstances . The Donation Process: A. Any employee who wishes to donate a specified number of hours from their vacation leave or compensatory time to an employee requesting shared leave must complete the Shared Leave Donation Form provided by the Human Resources Department at www.Harnett.org or found in Append ix C of this Ordinance. B . This form must be submitted to his o r her Department Head who shall forward it to the Human Resources Department within the time period specified . C . Any employee donating leave may elect to donate a minimum of four ( 4) hours of their vacation leave or compensatory time up to any amount that would not drop his or her total accrued leave balance below 80 hours. A donating employee, however, may not donate more leave than he or she could earn in a year. D. Any donated leave will convert into sick leave for the employee requesting shared leave, is taxable, and will be added to the recipients W-2 as income. E . Once leave is donated and transferred to the receiving employee , any leave not used shall be returned to all donating employees on a pro-rata basis. Limitations & Restrictions : A. The donated amount of shared leave will only be utilized after all other sources of the recipient's own leave have been completely exhausted . B . A donating employee may not receive any form of compensation for the donation of leave from the County or the employee requesting shared leave. Acceptance of remuneration for donated leave shall be grounds for disciplinary action as addressed in Article IX. C . No employee may directly or indirectly intimidate, threaten, coerce , or attempt to intimidate , threaten , or coerce any other employee for the purpose of interfering with any right a County employee may have with respect to donating, receiving, or using leave under this program. Such action shall be grounds for disciplinary action as addressed in Article IX. D . County employees may not donate to or receive leave from family members employed in other local governments or State agencies, institutions , community colleges , or technical institutes. E. Full-time employees who regularly work a 40 hour workweek or ten (10) hour shifts may receive a maximum of 480 hours of donated leave. Full-time employees who regularly work nine (9) hour or twelve (12) hour shifts shall be eligible to receive a maximum of 540 hours of donated leave . Full-time employees who regularly work 24 hour shifts shall be eligible to receive a maximum of 720 hours of donated leave. All maximums outlined in this subsection shall apply to the 12 month period following approval of an employee's participation in the shared leave program. 10 040620 HCBOC Page 294 F . Shared Leave may not be used to extend an employee's time in leave status beyond one year from their last date worked or beyond the time necessary for an employee or family member to be treated and recover. G. Individual employee leave records are confidential and are subject to the regulations found in Article XII. H. County employees should not reveal the ir donated leave amounts to the recipient of shared leave or to other employees. I. Donated leave shall not be claimed for reimbursement under current subrogation law. The County of Harnett shall not report paid donated leave as reimbursable to an attorney representing a County employee in a third party subrogation claim . Retention and Continuation of Benefits : Any employee who receives shared leave continues to accrue any form of leave addressed in Article VI , receives any salary increases or bonuses for which he or she would have otherwise been eligible, and may cont i nue to be eligible for benefits under the County 's group insurance plans. Accounting and Usage Procedures : The Human Resources Department is responsible for the establishment and maintenance of a system of leave accountability that will accurately record leave donations and recipient's use. Such accounts shall provide a clear and accurate record for financial and management audit purposes . Such a system should include the following : A. Maintaining a list of all donating employees and the hours donated by each B. Adequate and prompt notification of any donated leave, the amounts of that donated leave, and when leave is granted to the recipient and the Finance Department C . Notification of actual leave deductions to the donating employees and the Finance Department. D. A donating employee will receive their pro rata share of any unused donated leave upon a qualifying employee's return to work. 11 040620 HCBOC Page 295 ARTICLE VIII. SEPARATIONS , DEPARTURES , & REINSTATEMENTS Sect ion 1. Types of Separat ion s & Departures Any separations or departures that occur between County employees and the County shall be designated as one of the following types as defined in Article I, Section 3 and shall follow the prescribed procedures as described below: A. Suspension: 1 . Any County employee may be suspended from his or her service to the County with or without pay due to the employee's current job performance, personal conduct, or other behavior that is unsatisfactory or contrary to the mission and policies of Harnett County. Suspensions without pay shall not exceed thirty (30) calendar days. 2 . The suspended employee's Department Head shall provide a Disciplinary Action Report detailing his or her suspension, whether this suspension is with or without pay, the reasons for the suspension, duration of the suspension, and what must be done by the employee upon returning to work. The Department Head executing the suspension shall notify the Human Resources Department and the County Manager immediately. The Disciplinary Action Report shall then be delivered to the employee by certified mail , filed in the employee's personnel file , and also filed with the County Manager. This form may be found in Appendix D of this Ordinance. 3 . An employee suspended for the reasons stated above may appeal his or her suspension in accordance with the Grievance and Appeal Policy as addressed in Article X. B. Investigatory Suspension: 1. Any County employee may be may be placed on investigatory suspension with pay in order to provide the County with more time to thoroughly investigate a situation or to reach a decision concerning an employee's status. Such separation may also be utilized to avoid undue disruption or to protect County employees and property. 2 . Any investigatory suspension shall not exceed forty-five (45) calendar days. If no action has been taken against the employee by the end of the forty-five (45) day period, one of the following must occur: i. The employee shall be reinstated to his or her current position . C. The employee will be subjected to appropriate discipl inary actions based on the results of the investigation in accordance with the Disciplinary Action Policy as addressed in Article IX. Voluntary Resignation / Quitting: 1 . Any County employee who wishes to voluntarily resign or quit his or her position with the County should give the immediate Supervisor and Department Head a minimum of two (2) weeks written notice. Once the employee's two (2) weeks are up, and the employee has not informed the County otherwise, the employee shall be considered resigned from the position and the position may be filled in the discretion of the County. If a resignation has been accepted by the County, it shall be the County's sole discretion whether to allow an employee to rescind the resignation. 2. The County reserves the right to provide an employee with up to two weeks' pay in l ieu of notice in situations where job or business needs warrant. 3. Any County employee who fails to report to work without giving written or v e rbal notice to his or her Supervisor or Department Head for a period of 12 040620 HCBOC Page 296 at least three (3) days will be considered to have voluntarily resigned the position. 4 . If an employee voluntarily resigns or quits his or her position with the County in the above described manners, the employee will have no appeal rights as addressed in Article X . D. Dismissal/ Involuntary Resignation/ Termination : 1. Any County employee may be dismissed from duty, forced to involuntarily resign their position , or terminated by the County in accordance with the Disciplinary Action Policy addressed in Article IX. 2. Any employee separated from the County in this manner will be allowed his or her appeal rights as addressed in Article X. E. Reduction in Force 1. In the event that a reduction in force becomes necessary, consideration shall be given to the quality of each employee's past work performance , current work ethic, experience , and substantive training . Department needs and seniority will also be taken into consideration, but the primary information w ill come from an employee's past performance reviews. 2 . Any employees who are scheduled to be laid off shall be given at least two (2) weeks' notice. No full-time permanent emp loyees shall be separated while there are temporary employees serving in the same class in the department, unless the full-time permanent employee is not willing to transfer to the position held by the temporary employee. 3. Any employee separated from the County in this manner will be allowed his or her appeal rights as addressed in Article X. F. Disability 1. Any County employee may be separated or depart from service to the County due to any physical or mental condition that limits movement, senses, or activities to such a degree that the County employee is unable to complete his or her essential job duties. 2. Separation in this manner may be initiated by the employee or the County, but in all cases must be supported by medical evidence from a physician . 3 . Separation in this manner is subject to the certification requirements addressed in the Family Medical Leave Act section of this Ordinance . 4. Before an employee is separated due to disability, a reasonable effort shall be made to locate alternative positions within the County for which the employee may be suited. 5. Any employee separated from the County in this manner will be allowed his or her appeal rights as addressed in Article X, as long as the employee did not initiate the separation. G . Retirement: Any County employee may be voluntarily separated or depart from service to the County by any means of retirement. This includes resigning from his or her position and drawing his or her retirement benefits from the County, LGERS , the supplemental retirement income plan , or Social Security. H. Death: Separation in this manner entitles the estate of the employee to all compensation addressed in Article VI , Sections 3 & 4 , and Article VII, Section 5. If a County employee voluntary resigns , quits, is dismissed, is involuntary forced to resign , or is terminated, the employee 's Supervisor or Department Head should inform the employee that out-processing is necessary and the employee should visit the Harnett County Human Resources Department. The Human Resources Department will then coordinate with the employee con c erning distribution of retirement funds , 401 (k) contribution s, continuation of med ica l ben efits under the Conso lidated Omnibus Budget 13 040620 HCBOC Page 297 Reconciliat ion Act (COBRA), conversion of l ife insurance plans, and a change of address , if necessary. Section 2. Reinstatements Any separated employee who voluntarily resigned in good standing or was separated from his or her service to the County due to a reduction in force may be reinstated to his or her position within three (3) years from the date of separation . Any reinstatement will require the approval of the Department Head and the County Manager, but those employees who are reinstated shall be credited with all previous years of County service, any previously accrued sick leave , and will receive all benefits provided in accordance with this policy, federal law, and state law. The salary paid a reinstated employee shall be as close as reasonably possible to the salary previously paid to the employee, given the circumstances of each employee's case and the employee's newly acquired position . Any employee who enters extended active duty with the Armed Forces of the United States , the Public Health Service, or with the Armed Forces Reserves will be granted reinstatement rights in accordance with USERRA and Article VI, Section 9 of this policy . 14 040620 HCBOC Page 298 ARTICLE IX. DISCIPLINARY ACTION POLICY Section 1. Policy Coverage The following disciplinary action policy covers only those full-time permanent employees in the service of the County. Any Harnett County employees who are part-time or on a probationary period are not covered by this policy and do not enjoy or retain any of the rights found within this Article. Any part-time or probationary employees are considered at-will employees and may be separated from their service to the County without justification or warning . Section 2. Disciplinary Actions Any County employee, regardless of occupation, position, or profession may be subject to disciplinary action. The type of disciplinary action taken shall be based upon the sound and considered judgment of the County Manager, Assistant County Manager, or Department Head executing the action and may depend on the number, nature, and severity of the offense. Section 3. Responsibilities of the County Manager The County Manager is responsible for maintaining the proper conduct and discipline of all County employees. He or she must be prepared to discipline those employees who fail to meet expectations and fall far below the standards mandated by the County. Therefore, when an employee's current job performance, personal conduct, or other behavior is unsatisfactory or contrary to the mission and policies of Harnett County, the County Manager may use any disciplinary action sanctioned by the County to discipline the employee depending on the number, nature, and severity of the offense. Section 4. Responsibilities of Department Heads, Superv isors and Assistant Co unty Managers Department Heads, Supervisors, and Assistant County Managers are responsible for maintaining the proper conduct and discipline of employees under their supervision. They must be prepared to discipline those employees who fail to meet expectations and fall far below the standards mandated by the County. Therefore, when an employee's current job performance, personal conduct, or other behavior is unsatisfactory or contrary to the mission and policies of Harnett County, a Department Head, Supervisor or Assistant County Manager may use any disciplinary action sanctioned by the County to discipline the employee depending on the number, nature , and severity of the offense. However, Supervisors are not authorized to use adverse action to discipline the employee and must defer to the Department Head to take any such action. Section 5. Review of Disciplinary Documents 15 040620 HCBOC Page 299 All written documents pertaining to any disciplinary actions covered under this policy, whether prepared by a Department Head, Supervisor, Assistant County Manager, or the County Manager, must be reviewed by the Human Resources Director prior to being provided to a County employee who is to be disciplined . If the Human Resources Director is the subject of disciplinary action , the Legal Department or legal counsel retained for the disciplinary matter shall review the disciplinary documents. Section 7 . Reason s fo r Discipline A. Discipline for Just Cause 1 . Discipline for just cause refers to any situation where the County Manager, Assistant County Manager, Supervisor or a Department Head executes some form of disciplinary action in order to discipline an employee for some justified reason. 2 . Any disciplinary action sanctioned by the County may be used to discipline any County employee for just cause. 3. Any adverse action executed by a Department Head , Assistant County Manager, or the County Manager for just cause does not require any sort of warning or other written notice. B. Discipline for Unsatisfactory Job Performance 1. Three Warning Rule: Any County employee who is subject to discipline for unsatisfactory job performance shall receive at least three (3) warnings before an adverse action is taken . Such warnings shall be issued to the employee and shall include the nature of the proposed action, its effective date, and the reason(s) for the action. These warnings, along with employee discussion notes and any other documents pertaining to such warnings , are to be placed in the employee's personnel file and are subject to Article XII. i. First Offense: For the first offense, at least one (1) documented oral warning detailing the employee 's unsatisfactory job performance must be issued by the employee 's Supervisor or Department Head. ii. Second Offense : For the second offense , at least one ( 1 ) written warning must be issued by the employee's Supervisor or Department Head notifying the employee in writing of how he or she is performing unsatisfactorily and what must be done for the employee to achieve satisfactory performance. iii. Third Offense: For the third offense, a final written warning must be issued by the employee's Department head or Supervisor. A final written warning serves as a notice to the employee that he or she continues to have unsatisfactory job performance, that any steps taken to correct such unsatisfactory performance have failed, and that some form of adverse action is forthcoming. 2 . In the sound and considered judgment of the County Manager, Assistant County Manager, or Department Head executing the action, taking into consideration the number, nature, and severity of the offense, determines that immediate action is warranted, the Three Warning Rule may be disregarded. 3. Actions or conditions relating to unsatisfactory job performance that are adequate grounds for discipline in accordance with this policy include, but are not limited to: 16 040620 HCBOC Page 300 i. Inefficiency, incompetence, or any other deficiency of an employee in the performance of his or her job duties. ii. An employee's careless or improper use of County property or equipment. iii . An employee 's physical or mental incapacity to perform the essential duties of his or her position with the County. iv. An employee 's discourteous treatment of the public or any other County employees . v . An employee's absence from work without notice or leave. vi. An employee's habitual improper use of leave privileges . vii. An employee's habitual pattern of failure to report for duty at the assigned time and place. C . Discipline for Unsatisfactory or Contrary Personal Conduct 1. In accordance with this policy, County employees who personally act, engage in, or otherwise condone personal conduct or other behavior that is unsatisfactory or contrary to the mission and policies of Harnett County may be subject to any form of disciplinary action sanctioned by the County. Such behavior is unbecoming of a County employee and any adverse consequences from such unsatisfactory or contrary conduct will reflect poorly on the entirety of Harnett County. 2. Any disciplinary actions taken under this policy will be determined by the sound and considered judgment of the County Manager, Assistant County Manager, or Department Head executing the action , taking into consideration the number, nature, and severity of the offense. 3. Actions relating to unsatisfactory or contrary personal conduct that are considered grounds for disciplinary action in accordance with this policy include, but are not limited to: i. Personal conduct or other behavior unbecoming a public officer or County employee . ii. The conviction of an employee for a felony or misdemeanor that would adversely affect performance of job duties. ii i. An employee's no contest plea to a felony or misdemeanor charge. iv. The direct misappropriation of County funds or property by a County employee or his or her help in the cover up of such a misappropriation of County funds or property. v . Falsification of County records by a County employee . vi. An employee reporting to work under the influence of alcohol or illicit drugs or partaking of such substances while on or off duty. Prescribed medications , however, may be taken within the limits set by a licensed physician so long as the employee complies with requirements set forth in the Harnett County Drug and Alcohol Policy . vii. An employee's willful damage or destruction of public or personal property. viii. An employee's willful acts that endanger or will endanger the lives and/or property of other employees or other members of the County. ix. Acceptance of gifts in exchange for favors or influence. x. An employee's incompatible employment or conflict of interest that disrupts his or her job performance. xi. Any violation of the political activity restrictions placed on County employees. x i i. In subo rd inatio n. 17 040620 HCBOC Page 301 xiii. The willful violation of known or written policies , rules, or procedures. Section 6. Adverse Action Conferences After a Department Head, Assistant County Manager, or the County Manager has decided to take any form of adverse action against a County employee for unsatisfactory job performance or unsatisfactory or contrary personal conduct, the executing Department Head, Assistant County Manager, or County Manager shall provide the employee with an adverse action conference. At this conference the employee may present any response to the proposed adverse action to be taken to the Department Head, Assistant County Manager, or County Manager. The Department Head, Assistant County Manager, or County Manager will consider the employee's response , if any, to the proposed adverse action, and will notify the employee in writing of his or her final decision. This final written notice shall include the nature of the adverse action being taken , its recommended effective date, and the reason(s) the action is being taken against the employee. An employee may be immediately terminated and shall not be entitled to an adverse action conference if the County Manager determines that an employee's conduct endangers or will endanger the lives and/or property of other employees or other members of the County or engages in any other gross misconduct which necessitates the immediate termination of the employee. 18 040620 HCBOC Page 302 ARTICLE X . GRIEVANCE & APPEAL POLICY Secti o n 1 . Purpose In order to maintain a harmonious and cooperative relationship between the County and its employees , it is the policy of Harnett County to provide a just and fair procedure for the presentation, cons ideration, and disposition of any employee grievances. The purpose of this section is to implement this policy and to assure all full-time employees that their grievances will be answered and decided fa irly, quickly, and without interference , coercion, restraint, discrimination, penalty, or reprisal. The following policy, therefore , provides grievance and appeal procedures for all full- time employees of Harnett County who: (1) feel they have been discriminated against because of age, sex, race , religion, color, national origin , , genetic information, political affiliation, disability, or pregnancy; (2) have been the subject of any adverse action executed under the Disciplinary Action Policy addressed in Article IX , (3) have been separated from employment due to a reduction in force or disability addressed in Article VIII; or (4) have a genuine non-frivolous grievance with the County, its employees, or any implementation of County policy. Section 2. Covered Employee s This policy covers only those full-time employees in the service of Harnett County. Such full-time County employees shall have the uninhibited right to present a grievance in accordance with the following grievance procedures, with or without a representative , free from interference, coercion, restraint , discrimination , penalty, or reprisal. Any Harnett County employees who are part-time or on a probationary period are, however, not covered by this policy and do not enjoy or retain any of the rights found within this Article . Part-time or probationary employees are considered at-will employees and may be separated from their service to the County without justification or warning and may not appeal or file a grievance pertaining to such separation . Secti o n 3 . Gri eva nce Defin ed A grievance is defined as a specific , formal notice of a full-time County employee's dissatisfaction, based upon an event or condition which affects the circumstances under which an employee works , and that is expressed through the appropriate grievance procedures. The particular dissatisfaction complained of should be reasonable to the average person and may not be frivolous, but may include: (1) any acts of discrimination against an employee because of age, sex, race , religion, color, national origin, genetic information, political affiliation, disability, or pregnancy; (2) any adverse action executed under the Disciplinary Action Policy addressed in Article IX; (3) separation from employment due to a reduction in force or disability addressed in Article VIII; or (3) any unfair application, misinterpretation , or lack of established County policy. Section 4. Grieva nce Pro cedures Note: Before initiating any steps of the following grievance procedures , employees are strongly encouraged to seek informal resolution of disputes through communication with 19 040620 HCBOC Page 303 the individual(s) involved or with a Supervisor. If all efforts for informal resolution fail, the employee should follow the below procedures to seek formal resolution . Step One: Any full-time employee may file a written grievance with with the Human Resources Director within thirty (30) calendar days of the date of the incident giving rise to the grievance. The written grievance shall state concisely the basis for the grievance and, if based on alleged discrimination, whether the alleged discrimination was based on race, color, religion , sex, national origin, political affiliation , genetic information, disability, pregnancy, or age . If the grievance is related to any alleged acts by the Human Resources Director, the employee shall file the written grievance with an Assistant County Manager designated by the County Manager. If the grievance is related to any alleged acts by the County Manager, the employee shall file the written grievance with the County Attorney or counsel retained to review the matter. Step Two: The Human Resources Director, shall meet with the employee and issue a written response within ten (10) business days of receipt of the grievance. To prepare this written response , the Human Resources Director may contact and consult any other County employees he or she deems necessary to reach a correct, impartial, and equitable determination concerning the grievance. The employee shall sign and date the written determination as an acknowledgement of the Supervisor, Department Head, or Human Resources Director's decision . If the grievance is related to any alleged acts by the Human Resources Director, the Assistant County Manager designated by the County Manager shall meet with the employee and issue the written response. If the grievance is related to any alleged acts by the County Manager, the County Attorney, or counsel retained to review the matter, shall meet with the employee and issue the written response. Step Three: If the employee is unsatisfied with the determination of the Human Resources Director or Assistant County Manager, he or she may appeal this determination by preparing and submitting an Appeal Packet to the County Manager within thirty (30) calendar days after receipt of the or Human Resources Director's or Assistant County Manager's written determination . This Appeal Packet shall consist of the employee's first written grievance, the written determination of the Human Resources Director or Assistant County Manager, and any other documentation he or she feels is necessary. If the grievance is related to any alleged acts by the County Manager, the Appeal Packet shall be submitted to the Chairman of the Harnett County Board of Commissioners. Step Four: The County Manager will hear from all parties involved and, after careful consideration of the submitted documents, shall render a written determination within ten ( 10) business days of receipt of the Appeal Packet. If the grievance is related to any alleged acts of the County Manager, the Harnett County Board of Commissioners shall hear the appeal and render a written determination. Step Five : The County Manager and the Human Resources Department shall notify the employee of the final decision in writing. If the Chairman of the Board of Commissioners renders a written decision, the County Attorney, or counsel retained for the matter, shall notify the employee of the Board's determination and inform him or her of the final decision in writing. The employee shall then sign this written final decision acknowledging that his or her grievance has been fully heard and his or her appeal rights concerning this issue have now been fully invoked under this policy. 20 040620 HCBOC Page 304 Note (Step Six): Employees subject to the jurisdiction of the North Carolina Office of State Human Resources shall have the right to appeal to the Office of State Human Resources through the Office of Administrative Hearings no later than thirty (30) days after receipt of the written final decision, provided the employee has obtained permanent status in accordance with the rules and regulations of the State Personnel Commission . The decisions of the Office of State Human Resources shall be binding in appeals of local employees subject to the State Personnel Act if the Office of State Human Resources finds that the employee has been subjected to discrimination or if a binding decision is required by applicable federal standa rds. However, in all other local employee appeals, the decision of the Office of State Human Resources shall be advisory to the local appointing authority. Section 5. Grievance Records All written grievances , compiled Appeal Packets, documents , records, and reports will be retained on record by Harnett County for a minimum of three (3) years. Such records shall be held by the Human Resources Director. Section 6. Other Remedies The existence of the grievance procedures herein addressed does not preclude any individual from pursuing any other remedies available to him or her under local, state, or federal law. ARTICLE XIII. IMPLEMENTATION OF POLICY Sec tion 1. Co nflict in g Policies Repealed All policies , ordinances, or resolutions that conflict with the provisions of this policy are hereby repealed. Section 2. Severab ility If any provision of this policy is held invalid , the remainder of this policy will not be affected by the invalidation . Sect ion 3. Policy Violations Any employee found in violation of this policy shall be subject to any disciplinary actions discussed in Article IX, in addition to any civil or criminal penalty that may be imposed for the violation of the same under local, state, or federal law. 21 040620 HCBOC Page 305 APPENDIX B . ARTICLE V FORMS - Harnett COUNTY P ~ r A N Workplace Violence Incident Report This form is to be completed by the designated employee investigating the incident and filed immediately with Human Resources . Any victim, assailant, or witness statements, a long with any other pertinent documents to the investigation, should be attached . Please print legibly, provide all the information requested below, and complete the entire form . Date : Investigating Employee : _____________ _ -------- Title : ___________ Department: __________ _ Telephone : ( ___ ) _ _ -____ Date of Incident: _ / / _ Time : ___ _ Location of Incident: ---------------------------Street City State Type of Incident Reported (Check all that apply): _Harassment _PhysicalNerbal Abuse_ Stalking _ violating a Restraining Order _Threatening Communications (Written)_ Threatening Communications (Verbal) _Domestic Violence _Fighting _Use of a deadly weapon or item as a weapon _Engaging in activities that are intended to frighten, coerce , or induce duress Zip _ Other (Explain) _________________________ _ Reason for Incident (Check all that apply): _Conflict with current or former co-worker(s) _Alcohol or drug related _Mental Health _Conflict with Supervisor or Department Head _Hostile response to Disciplinary Action _Reaction to a demotion , reduction in force, or other form of termination _Family/domestic dispute _Receiving a poor performance appraisal _Racial tension _Resisting Arrest _Other (Explain)-------------------- Injuries (Check all that apply): _Physical Injury _Trauma/Emotional Injury _Death Brief Description of Incident:----------------------- Vi ctim Informatio n : Information should be gathered by the investigating employee from the vi ctim . Th e vi ctim sh o uld record a bri ef descript ion of the incident in th e spa c e provide d be low . 22 040620 HCBOC Page 306 Victim Name: ------------------------------Last First Middle Department of Victim: ___________ Title of Victim : ----------- Victim's Phone Number: ( ___ ) ___ -___ _ Address of Victim: ----------------------------Street City State Zip Relationship to Assailant: _Co-worker/former employee _Customer/Client _Supervisor _Person In Custody _Stranger _Spouse _Family Member _Other Victim 's Brief Description of Incident:-------------------- -*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*- Assailant Information : Information should be gathered by the investigating employee from the assailant. The assailant should record a brief description of the incident in the space provided. Assailant's Name: -----------------------------Last First Middle Department of Assailant: _________ Title of Assailant: ________ _ Assailant's Phone Number: ( __ _) ___ -___ _ Address of Assailant: ---------------------------Street City State Zip Relationship to Victim: _Co-worker/former employee _Customer/Client _Supervisor _Person In Custody _Stranger _Spouse _Family Member _Other Assailant's Brief Description of Incident: ------------------- -*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*- Witness Account: If a witness is discovered or comes forward , he or she should complete this section of the form and provide a brief description of what he or she heard, saw, and felt. Name: --------------------------------- Last First Middle Date of Incident: __ / __ / __ Reported Date: __ I __ I __ Department: _______________ Title:-------------- Witness Phone Number: ( ___ ) _ _ -___ _ Address of Witness:--------------------------- Street City State Zip Brief Description of Incident:------------------------ APPENDIX C: ARTICLE VI FORMS 23 040620 HCBOC Page 307 - Harnett COUNTY t ! ~ ~ { Application to Receive Shared Leave Any employee who wishes to receive leave that has been given to them by other generous employees must complete and submit this form to the Human Resources Department. Employee name: ______________________ ( _____ ) Last First Middle (Maiden) Social Security Number: ___ --__ --_ _ _ _ Date of Birth : __ / ___ / Street Address:---------------------------- Street City State Zip Phone :( ___ ) ___ -___ Alternate Phone :( ___ ) ___ -___ _ Department: ___________ Title: ___________ _ Number of Leave Hours Requested (May not exceed maximum number of hours outlined in Shared Leave Policy): _____ _ Employee Statement: I, as an employee of Harnett County, hereby request to participate in the Harnett County Shared Leave Program. I and/or a member of my immediate family has a serious medical condition that has been certified as such by a licensed physician and will require me to be absence from work for a prolonged period of time that has exhausted all of my leave. This serious medical condition is not an elective surgery, normal pregnancy, or other uncovered medical illness. I am not receiving Worker's Compensation benefits nor do I plan to seek subrogation from a third party for the leave time. All of my accrued leave has already been exhausted and I am requesting donated Shared Leave hours as specified above. Initial one of the followin : _I hereby authorize Harnett County to release information, including but not limited to personnel record, FMLA application, and medical documentation provided during the FMLA application process to Human Resources staff, County Manger, and Share Leave Committee members for the sole purpose of determining approval of participation of in the Shared Leave program. OR _I do not authorize Harnett County to release information, including but not limited to personnel record, FMLA application , and medical documentation provided during the FMLA application process to Human Resources staff, County Manger, and Share Leave Committee members for the sole purpose of determining approval of participation of in the Shared Leave program . I understand that refusing to authorize the sharing of information required for determinin a roval will result in Shared Leave a lication bein denied. 24 040620 HCBOC Page 308 Initial one of the following: _I hereby authorize Harnett County to release information indicating that I, or a member of my immediate family, has a serious medical condition which would otherwise be confidential personnel record information and that I desire Shared Leave donations . OR _I do not authorize Harnett County to release information indicating that I, or a member of my immediate family, has a serious medical condition . I understand that in refusing to share this information I may reduce the willinqness of my co-workers to donate leave. By signing below I acknowledge that all the information contained on this form, and any information found in attachments to this form, is a true and correct representation and I am not, nor will I ever, provide the County with false information . Employee Signature Date Department Head Signature Date 25 040620 HCBOC Page 309 APPENDIX D: ARTICLE VII FORMS -~~?·~}-~ Disciplinary Action Report The following report should be completed by a Supervisor or Department Head , and shall not be supplemented by the help of other non-advisory employees. This report will act as a written notice of offense by an employee and will be considered a disciplinary action against an employee as addressed and defined in the Harnett County Personnel Ordinance Discipl inary Action Policy found in Article IX . If the disciplinary action results in a full-time employee's suspension , involuntary demotion , dismissal , involuntary resignation , or termination, the employee may appeal the action in accordance with the Grievance & Appeal Policy as addressed in Article X of the Harnett County Personnel Ordinance . Supervisor/Department Head :----------------------- Last First Middle Employee name:---------------------------- Last First Middle Department: Title: Years of Service: ------------------ Type of Offense : _ Attendance Issues (Specify): ---------------- Carelessness Insubordination Failure to Follow Instructions _ Unsatisfactory Work Quality _ Safety Violations _ Violation of County Policies and/or Procedures _ Working on Personal Matter on County Time Other: ------------------------ Previous & Current Warnings Oral Warning 1 st Warning Written Warning Date of Warning Warninq Issued By: 2nd Warning 3rd Warning Description of Offense (If the Harnett County Personnel Ordinance or dept. SOG's has been violated please list the violated portion): Plan for Improvement:-------------------------- Disciplinary Action Taken :_ Oral Warning _Written Warning _Suspension_ Dismissal Other: ------------------- Consequences Should Offense Occur Again :----------------- 26 040620 HCBOC Page 310 By signing this form , you confirm , acknowledge, and understa nd the information in this disciplinary action report. You also confirm , acknowledge, and understand that you and your Supervisor or Department Head have discussed the disciplinary action to be taken against you and the reasons it is being taken . You also know that you are expected to improve based on the plan for improvement provided and the consequences that will occur if you fa il to improve or this offense occurs again . Signing this form , however, does not necessarily indicate that you agree with this disciplinary action , nor does it suspend any appeal rights you may have under the Harnett County Personnel Ordinance. Employee Signature Date Supervisor/Department Head Signature Date Witness Signature (If employee refuses to sign) Date Human Resources Director Signature Date APPENDI X E: MI SC ELLANEOUS FORMS 27 040620 HCBOC Page 311 New Employee Policies Form The following information is critical for all County employees to read and understand. As an employee of Harnett County you are expected to review policies that govern the conditions of your employment located in the Personnel Ordinance . This form is in no way the complete list of policies that governs an employee's service. Employee access to the complete Personnel Ordinance can be found at www.harnett.org . PLEASE INITIAL BY EACH TOPIC AND SIGN AT THE BOTTOM. Probation/Performance Reviews D Initial A probationary period is a continuous period of 6 months (12 months for law enforcement officers) where an employee is evaluated on job performance. Any probationary employee may be dismissed at any time without appeal rights . A full-time employee serving a probationary period following a promotion shall be demoted, in accordance with Article Ill, Section 9 and Article IV, Sections 1 O of the Personnel Ordinance, if unable to satisfactorily perform the newly assigned duties and responsibilities. Before completion of the probationary period , Supervisors or Department Heads must indicate in writing to the County Manager the following: (1) That the employee has been informed of his or her progress and growth during the probationary period, including the employee's accomplishments, strengths, weaknesses , and areas of improvement, (2) that the employee is or is not perform ing satisfactory work, (3) whether the probationary period should be extended , as long as an extension would not cause the probation to go beyond a year, and (4) whether the employee should be retained in the present position or should be released , transferred , or demoted . Employees subject to the North Carolina Human Resources Act may not be on probation longer than nine (9) months . Attendance & Work Week D Initial Employees are hired with the understanding that they are responsible for reporting to work on time for every regularly scheduled workday and any additional instances they may be needed by the County. The established work week for Harnett County consists of a seven-day period beginning on Sunday and ending on Saturday. The normal work week for the County offices, however, shall be Monday-Friday from 8:00 - 5:00. All full-time County employees should be held to a Monday-Friday work week consisting of five eight-hour days (8 :00 a .m. - 5 :00 p.m .) with a one hour lunch break . All part-time County employees may work any number of hours between 8 :00 and 5:00 as long as such employees do not exceed 29 hours per week or 129 hours per month. All hours are subject to change depending on the needs of the County. 28 Political Activity Restricted D Initial Each employee has a civic responsibility and duty to support good government by every available means and in every appropriate manner. In accordance with the United States Constitution, the North Carolina Constitution, and federal state, and local laws, each County employee has the right to (1) join or affiliate with civic organizations of a partisan or political nature, (2) attend political meetings , (3) advocate and support the principles or policies of civic or political organizations , and (4) support partisan or non-partisan candidates of their choice . However, no employee, while on duty for the County, may (1) engage in any political or partisan activity, (2) use official authority or influence for the purpose of interfering with the outcome of an election or nomination for political office, (3) contribute County funds for political or partisan purposes , (4) coerce or compel another employee of the County to contribute funds for political or partisan purposes, or (5) use any supplies or equipment of the County for political or partisan purposes. Any violation of this section shall subject such employees to any disciplinary actions addressed in Article IX of the Personnel Ordinance . Outside Employment D Initial Outside employment may be restricted to prevent interference with efficient County service. Any employee desiring outside employment must make a written request to the Department Head . The Department Head will review the request for possible incompatibility and conflict of interest. If the Department Head requests that the employee terminate the outside employment, and the employee refuses; the employee will be subject to disciplinary actions as addressed in Article IX of the Personnel Ordinance. No employee will perform outside employment which is inconsistent with a professional code of ethics or appears to present a conflict of interest. Employees will not be approved to perform outside employment for any person in their supervisory chain . Employees will not be approved to perform outside work while in a Family Medical Leave status. Any violation of this section shall subject such employees to any disciplinary actions addressed in Article IX of the Personnel Ordinance . 040620 HCBOC Page 312 Unlawful Harassment D Initial Harnett County promotes a work environment free of unlawful workplace harassment and w ill not tolerate any employee who fails to follow this poli cy. Therefore , unlawful workplace harassment, in any of its many forms , is strictly prohibited. This prohibition , and the Unlawful Harassment Policy of Harnett County as explained below, applies to all County employees regardless of rank or position with the County. Unlawful Workplace Harassment may be defined as unwelcome or unsol icited speech or conduct based upon race , color, gender, religion , national origin , age or disability status that creates a hostile work environment or circumstance. Sexual harassment is a form of unlawful workplace harassment. Sexual harassment includes , but is not limited to, unwelcome statements or conduct based on a person 's gender that creates a hostile working environment, such as gender-based jokes or negative gender-based remarks. It also may include sexual advances, requests for sexual favors, propositions, inappropriate touching , and other verbal or physical conduct of a sexual nature. Any employee , who witnesses or is the subject of an instance of unlawful workplace harassment, is encouraged to report the situation and/or complaint without fear of retaliation, orally or in writing , to his or her Supervisor or Department Head or directly to Human Resource. Any violation of this section shall subject such employees to any disciplinary action addressed in Article IX of the Personnel Ordinance, along with any penalties under law. Emergency Operations D Initial In the event of natural or man-made disaster the County Manager and the BOC reserves the right to close all County offices, but still require County employees , essential and non-essential, to report to work to assist with any necessary emergency operations. However, those employees required to work will be compensated . Gifts & Favors D Initial No official or employee shall accept any gift, favor or thing of value that may tend or could be perceived to influence that employee in the discharge of their duties , or grant, in the discharge of duties, any improper favor, service , or thing of value . Any violation of this section shall subject such employees to any disciplinary actions addressed in Article IX of the Personnel Ordinance . COBRA D Initial Under the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985, Harnett County offers employees and their eligible dependents the opportunity for temporary extension of continuous insurance coverage in instances where coverage under the plan would otherwise end. Eligible employees have sixty days from the date of the notice to elect COBRA coverage. Tobacco Use Policy D Initial The use of tobacco products are prohibited in : (1) any building owned , leased, or occupied by the County, (2) on any grounds that are owned , leased or occupied by the County, and (3) within fifty (50) feet of buildings owned , leased or occupied by the County. 29 Equal Opportunity D Initial Harnett County does not discriminate in recruiting , employment or the delivery of services/benefits with regard to race , creed , color, national origin , religion , political affiliation , gender, age , handicap or sexual preference. Individual employees are expected to maintain this philosophy throughout their tenure of employment with the County. Drug-Free Work Place Policy D Initial Harnett County seeks to provide a safe and secure workplace and community free from the debilitating effects of any drugs, alcohol, or other illegal substances . The County also hopes to promote a high standard of employee and community health and wellbeing . Therefore, to take every reasonable effort to keep drugs , alcohol, and other illegal substances out of the County work force and community, and in accordance with the Drug-Free Work Place Act of 1988, Harnett County has established a Drug-Free Work Place Policy. It is the policy of Harnett County that no employee shall possess , use , or distribute illicit drugs, alcohol, or other illegal substances on any property or facilities used , owned, or occupied by the County or while representing the County at any professional or social function. If, however, a county employee recognizes that a problem exists and initiates action to seek help, the County will work with the employee to resolve the situation. Any violation of this section shall subject such employees to any disciplinary action addressed in Article IX of the Personnel Ordinance , along with lawful penalties. Approved Use of Computers D Initial The purpose of the Harnett County Internet Access Policy is to set certain acceptable parameters for employees who have internet access and to place such employees on notice that m isuse of the County internet carries certain penalties. It s hould be understood by all Harnett County employees that all County computers and all data stored in such machines are the property of Harnett County and may be accessed , shared , stored , moved, and deleted at any time . It is the policy of Harnett County that all employees who have internet access do not misuse such a privilege and use such access for acceptable and legitimate purposes. Therefore: (1) employees must act responsibly when participating in discussion groups on any public network; (2) employees will not download any software or screen savers from the internet without prior approval from the MIS Department, (3) employees will not use Real Player, I-Tunes , Spotify, or any other online music software while on Harnett County time; (4) employees shall not abuse their internet privilege by using this access to express his or her po litical views, showcase his or her opinions on controversial issues, or act in any other way that would tend to reflect negatively on the County; (5) employees will not send or display any obscene or disruptive messages, files, or images that may contain explicit language, excessive violence , nudity, or any other form of indecent content. 040620 HCBOC Page 313 Family Medical Leave Act LJ Initial The Family Medical Leave Act (FMLA) of 1993 provides an employee with a right to Leave Without Pay (LWOP) for up to 12 weeks under specific circumstances, but an employee must have worked 12 months and 1250 hours . Leave under the FMLA may be based on multiple qualified reasons including : (1) the birth or adoption of a child , (2) the serious health condition of themselves or another immediate family member, (3) military exigency, or (4) to care for a injured military service member or veteran . A request for leave under the FMLA must be submitted in accordance with the procedures outlined in the Harnett County Personnel Ordinance. Harnett County uses the 12-month period measured forward from the date the employee's first FMLA leave begins to assess employee eligibility for FMLA leave. FMLA leave runs concurrently with any accrued forms of leave and with absences taken in connection with worker's comp claims. Flexib le Benefits D Initial Harnett County offers a flexible benefits program , which includes medical and dental insurance , life and dependent life insurance, vision insurance , voluntary insurance options such as disability and cancer, and flexible spending accounts (FSAs) for employees who anticipate out- of-pocket medical and/or dependent day care expenses . The program is designed to allow eligible employees the opportunity to choose benefit coverage that best suits their needs. Benefit premiums through payroll deduction can be made with pre-tax dollars which provides significant tax savings . New employees are offered the opportunity to enroll in health, dental, and life insurance during new employee orientation and may enroll in the voluntary and flex benefits during open enrollment. During open enrollment, all employees have the opportunity to review their benefits and make changes as necessary. The open enrollment occurs in May and new selections are effective the following July 1. In accordance with IRS regulations , changes outside the open enrollment period are allowed only when the employee experiences a qualifying life event change . In these situations , an employee has 30 days from the life event change to notify Human Resources . A qualifying life event has occurred if the event falls into one of the following categories : Change in legal marital status; change in number of dependents, change in spouse's or employee's employment status , a dependent satisfies (or ceases to satisfy) eligibility requirements, a judgment, decree, or order; or Medicare or Medicaid eligibility. The election change must be consistent with the status c hange and may result in a premium change for you . Promotional Opportunities D Initial All vacant positions are posted at www .harnett.org . These announcements provide information about the position such as : duties, salary, qualifications requirement, and deadline for submission of applications . All Harnett County employees are encouraged to apply for any vacant position that they believe they are qualified . There are no time restrictions on how long after initial employment or promotion an employee must wait before they may apply for other positions in the County. Grievance Procedure D Initial In order to maintain a harmonious and cooperative relationship between the County and its employees, it is the policy of Harnett County to provide a just and fair procedure for the presentation , consideration , and disposition of any employee grievances. The County's purpose is to implement a grievance procedure that assures all full-time permanent employees that their grievances will be answered and decided fairly, quickly, and without interference , coercion , restraint, discrimination , penalty, or reprisal. The grievance policy, therefore, provides grievance and appeal procedures for all full-time permanent employees of Harnett County who: (1) feel they have been discriminated against because of age, sex, race , religion , color, national origin, visible or nonvisible handicaps , or pregnancy, (2) have been the subject of any disciplinary action executed under the Disciplinary Action Policy addressed in Article IX , or (3) have a genuine non-frivolous grievance with the County , it's employees, or any implementation of County policy. Uniform Policy D Initial If you are occupying a position that requires the wearing of a Harnett County furnished uniform , the County will clean and maintain the uniforms through a contract service. However, employees are responsible for turning in soiled uniforms and getting the equivalent quantity and type (shirts and trouse rs) back from the vendor as that turned in . Employees are responsible for inspecting all uniforms cleaned by the vendor and if the vendor shorts or damages assigned uniform , supervisors are to be notified immediately. Upon termination or a change to position that does not require uniforms; employees must turn in all assigned uniforms. Damages beyond normal fair wear and tear, as determined by your supervisor, and shortages will be charged to you at the cost of replacement items . If not paid for beforehand , all shortages or damages will be collected from the employee's paycheck. Pay Periods/Direct Deposit D Initial Employees are paid on the last working day of the month and are required to directly deposit all paychecks from the County to a federally recognized bank or credit union . This direct deposit of an employee funds reduces the amount of time the employee has to spend at the bank and is safer than manual deposit. To take full advantage of this program an employee should complete the Harnett County Direct Deposit form , however, employees will receive a paper check the first month after enrolling or making a c hange in their direct deposit preferences. 30 040620 HCBOC Page 314 3/5 Salary Adjustment LJ Initial The purpose of the 3/5 plan is to give County employees a way in which to gain and look forward to pre-determined pay increases after they have been in service to the County for 3 and 5 years . When an employee has been in the service of the County for a total of 3 years , taking into account demotions, promotions, transfers , reclassifications , or any other type of separation from service , the salary of the employee is to be increased to the half-way amount between his or her current salary and the job rate of the employee's current position. When an employee has been in the service of the County for a total of 5 years , taking into account demotions, promotions, transfers , or any other type of separation from service , the salary of the employee is to be increased to the job rate of the employee's current position. To ensure that an employee is not penalized for taking a promotion or receiving a reclassification , his or her current salary should be higher than if he or she had remained in the old position or the old grade. Therefore, the new salary for a promoted or reclassified employee should be at least $500 more if a 3/5 salary increase was due. Overtime/Compensatory Time D Initial Overtime work or work that will result in the accumulation of compensatory time shall be considered (1) any hours worked greater than 40 hours in a normal work week, or (2) work performed by any County employee at the direction , instruction , or knowledge of a Supervisor, Department Head , or authorized managerial representative , which exceeds the normal work week or work period of the employee . It is the policy of Harnett County that overtime or the accumulation of compensatory time be avoided at all times. Therefore, Supervisors or Department Heads should arrange their employee work schedules so as to avoid overtime by accomplishing the required work within the hours of a normal workweek . Any overtime, however, must be duly authorized by a Supervisor or Department Head before payment for such services are rendered. Exempt employees, as defined by the Fair Labor Standards Act ("FLSA"}, are exempt from earning any overtime pay in accordance with the FLSA, but, if required to work overtime, shall receive compensatory time off at a rate of one (1) hour for each hour of overtime worked. Non-exempt employees, as defined by the Fair Labor Standards Act ("FLSA"), are entitled to overtime pay in accordance with the FLSA. Two types of non- exempt employees exist: (1) regular work schedule employees and (2) irregular work schedule emplo~ees. Sworn law enforcement officers shall only receive overtime pay at the rate of one and one -half (1 and ~) times their regular rate of pay for any hours worked over the first 171 hours worked in a 28-day cycle . Holidays LJ Initial The following days , and any others that the BOC may designate, are considered holidays with pay for any full- time County employees or Administrator working within the confines of the established Harnett County workweek. The amount to be paid to each employee for every holiday is described in the Harnett County Personnel Ordinance. Whatever day the holiday falls on shall be observed as a paid holiday off by the County. When , however, a holiday (other than Christmas Day) falls on a weekend , Friday shall be the County's observe d h I'd o I av. Holiday Number of Days Off New Year's Day 1 Martin Luther King , Jr 1 Day Good Friday 1 Memorial Day 1 Independence Day 1 Labor Day 1 Veterans Day 1 Thanksgiving 2 Christmas 3 Vacation D Initial Vacation leave may be used at any time by any employee as earned with the approval of the appropriate Supervisor, Department Head, or County Manager, however, certain Supervisors , Department Heads, or County employees, as designated by the County Manager, must take at least five (5) consecutive workdays of accrued vacation leave per calendar year. Those employees under a probationary period may not use their accumulated vacation time until the probationary period is over unless special circumstances exist and an exception is approved . Charts found within the Harnett County Personnel Ordinance describe the manner of accumulation of vacation time in detail. Years of service with other North Carolina governmental agencies, North Carolina counties , and the North Carolina State government, along with years of service with other EMS or Sheriff/Police Departments may be considered when calculating vacation leave accrual amounts provided that verification of that accumulated sick leave is received from the previous employer and that the employee was not reimbursed for these days. Years of service , however, may only be transferred from the employee's last place of employment immediately prior to their employment with the County. Petty Leave D Initial All full-time County employees shall be allowed fourteen (14) hours per year of petty leave with pay beginning January 1 of each calendar year. These fourteen (14) hours are over and above any other leave an employee may accrue. Petty Leave , therefore , may be used in conjunction with any other type of leave, but may only be used in increments offifteen (15) minutes up to a maximum of three (3) hours at one time. 31 040620 HCBOC Page 315 Sick Leave D Initial Sick leave shall be used and granted to County employees for: (1) any absence that is approved as a qualifying event under the Family and Medical Leave Act ("FMLA"), (2) employee sickness or bodily injury, (3) exposure to or infection with a contagious disease, (4) required physical, dental , or mental examination or treatment, (5) an illness or medical appointment of an employee 's spouse , child , parent, or parent-in-law that requires the presence of the employee , or (6) death in the employee's immediate family . A Supervisor, Department Head , or County Manager may require an employee to provide a physician 's certificate concerning the nature of the illness and the employee 's physical capacity to resume duties for each occasion on which an employee uses sick leave. Charts found within the Harnett County Personnel Ordinance describe the manner of accumulation for sick leave in detail. Years of service with other North Carolina governmental agencies , North Carolina counties, and the North Carolina State government, along with years of service with other EMS or Sheriff/Police Departments may be considered when calculating sick leave accrual amounts provided that verification of that accumulated sick leave is received from the previous employer and that the employee was not reimbursed for these days. Years of service, however, may only be transferred from the employee's last place of employment. Leave Without Pay D Initial Any full-time County employee may be granted leave without pay for up to one (1) year by the appropriate Supervisor, Department Head , or the County Manager. Such leave may be used for reasons of prolonged personal illness , prolonged illness of an immediate family member, personal disability, after all other forms of accrued leave have been exhausted , educational needs, special work or ongoing classes, or for other reasons deemed appropriate. Shared Leave Policy D Initial The Harnett County Shared Leave Policy provides an opportunity for County employees to assist one another in times of need when an employee may have to be absent from work for a prolonged period of time resulting in loss of income due to a lack of accumulated leave. This policy, therefore , allows any full-time County employee to donate a specified number of hours from their accrued leave to help another employee who has exhausted all forms of his or her accumulated leave. Employees may donate leave or apply to receive leave in accordance with the Personnel Ordinance . Workers Compensation Leave D Initial Any full-time County employee absent from duty because of sickness or disability covered by the North Carolina Workers Compensation Act may receive worker's compensation benefits and elect to use their accumulated leave as a supplemental payment for the difference between his regular salary and the payments received under the NCWCA. Workers Compensation Leave D Initial Any full-time County employee absent from duty because of sickness or disability covered by the North Carolina Workers Compensation Act ("NCWCA") may receive worker's compensation benefits and elect to use their accumulated leave as a supplemental payment for the difference between his regular salary and the payments received under the NCWCA. Military Leave D Initial Any full-time County employee who is a member of the Armed Forces, Reserves , National Guard , or other uninformed services will be allowed 96 hours annually (127.68 hours annually for EMS and Sherriff Department employees) to be used for any military training that an employee may be mandated to undergo . If compensation provided such an employee by the United States while on military leave is less than the normal salary such an employee would have earned working his or her typical work schedule, the employee shall receive partial compensation from the County equal to the difference in the two amounts. Every effort will be made by the County to maintain the employee's normal salary during such an employee 's period of military leave. If a County employee's military duty is required beyond the allotted 96 or 127.68 hours, the employee shall be allowed to recoup the loss wages through the use of his or her accumulated leave . If the employee, however, does not have any accumulated leave or his or her accumulated leave runs out, the employee shall be in a leave without pay status . Regardless of other portions of this policy and the employees pay status, while taking military leave an employee 's leave credits and other benefits shall continue to accrue as normal and any time spent in military leave will not run concurrently with FMLA leave. Civil Leave D Initial When any full-time County employee is called for jury duty or as a court witness for the federal or state governments or a subdivision thereof, they shall receive leave with pay from the County, along with any payments or travel allowances received for such civic duties, without need to use any of their accumulated leave. While on civil leave, all benefits and forms of leave shall continue to accrue as normal. 32 040620 HCBOC Page 316 Adverse Weather Policy D Initial Harnett County must ensure the delivery of services to citizens and business even during times of adverse weather. Considering the varied geographic locations and diverse populous of this County, it is the intent of this Adverse Weather Policy to establish a uniform Countywide plan regarding how operations will be affected during times of adverse weather and to establish guidelines for accounting for time and for releasing non-essential personnel from work when : (1) adverse weather prohibits or adversely impacts the ability of non-essential personnel to report to work or to remain at work, or (2) adverse weather necessitates the suspension of non-essential operations. This policy will not go into effect until the County Manager has determined that normal operations at all Harnett County facilities is jeopardized by the existence of adverse weather that may put lives or property in danger. Essential personnel are those employees who are required to work during adverse weather. Essential personnel are required to report to or remain at work during any adverse weather conditions. They are to continue to perform their job duties and responsibilities during the adverse weather to the best of their abilities. If an essential employee refuses to report to work, remain at work, or be carried to work by County transportation once this policy has been activated the employee will not be granted administrative leave and will be charged absent. Essential employees are not allowed to take a day off at such future time to compensate for working during an emergency. Any compensation received by such employees for working during an emergency is governed by the Emergency Operations Compensation policy found in the Personnel Ordinance. Non-essential personnel are those employees who may be approved for administrative leave during adverse weather. Once this policy has been activated administrative leave for nonessential personnel may be granted in the discretion of the County Manager to administratively excuse all non-essential personnel. Administrative Leave will be granted to employees in the amount of hours the employee is scheduled to work , not to exceed 10 hours. Entitlement to administrative leave depends on the non-essential employee 's status at the time of the announcement, when the adverse weather develops , and how it affects County operations. Volunteer Leave D Initial Harnett County seeks to foster a workforce that cares for the surrounding community and offers support to those individuals throughout the County that may need support. With this in mind the County allows all full-time County employees one and one-half (1 Y:z) hours of administrative leave each week to perform volunteer work at any Harnett County school, any school in which an employee has a child , or any Harnett County non- profit organization . This leave may be used in conjunction with an employee's lunch break or any other form of accrued leave an employee may have, but will not accumulate and shall not be carried over from week to week . To utilize this form of a leave an employee must receive advanced approval (at least 48 hours) from his or her Supervisor, Department Head , or the County Manager. Once such volunteer leave has been utilized , an employee must provide his or her Supervisor or Department Head with some form of evidence or documentation that the volunteer service was actually completed. Parent Involvement Leave D Initial Harnett County believes that parent involvement is an essential component of school success and positive student outcomes. Therefore, Harnett County shall grant four (4) hours per year of leave to any full-time County employee who is a parent, guardian, or person standing in loco parentis of a school-aged child so that the employee may attend or otherwise be involved at that child 's school. This leave may be used in conjunction with any other form of accrued leave an employee may have, but may not accumulate and shall not be carried over from year to year. To utilize this form of a leave an employee must receive advanced approval (at least 48 hours) from his or her Supervisor, Department Head , or the County Manager. Once such leave has been utilized , a Supervisor, Department Head, or County Manager may require some form of documentation for the employee's school involvement. All the information stated above is critical for all County employees to read and understand. As an employee of Harnett County you are expected to review policies that govern the conditions of your employment located in the Personnel Ordinance. This form is in no way the complete list of policies that governs an employee's service with the County. Employee access to the complete Harnett County Personnel Ordinance , which includes policies governing all County employees , can be found at www.harnett.org. By signing below you acknowledge that you have read and agree to abide by the policies and conditions of employment found on this form and any found within the Harnett County Personnel Ordinance . Employee Signature Date 33 040620 HCBOC Page 317 Section 7. Unlawful Workplace Harassment Policy Harnett County promotes a work environment free of unlawful workplace harassment and has zero tolerance for any employee who fails to follow this Policy. Therefore, unlawful workplace harassment, in any form, is strictly prohibited. This prohibition, and the Unlawful Workplace Harassment Policy of Harnett County as explained below, applies to all County employees regardless of status or position within the County. A violation of this policy may result in disciplinary action, up to and including, termination along with any penalties under federal, state, or local law. Unlawful Workplace Harassment is defined as unwelcome or unsolicited speech or conduct based upon race , color, sex, religion, national origin , age , genetic information, political affiliation, or disability status that creates a hostile work environment or under circumstances involving quid pro quo. Sexual Harassment: Sexual harassment is a specific type of unlawful workplace harassment defined by federal guidelines as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: • Submission to such conduct is made, either explicitly or implicitly, as a condition of the employee's employment; • Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting such employee; or • Such conduct has the purpose or the effect of unreasonably interfering with an employee's work performance or creating an intimidating , hostile, or offensive work environment. There are varieties of prohibited acts of sexual harassment that can take range from subtle pressure to physical assault. Some examples of this type of conduct, by definition, include, but are not limited to: • Threats of sexual relations or sexual contact that is not freely or mutually agreeable to both parties; continual or repeated verbal abuse of a sexual nature (graphic commentaries on the person 's body, sexually suggestive objects or pictures placed in the work area that may embarrass or offend the employee, sexually degrading words to describe the person, or propositions of a sexual nature) • Threats or insinuations that the employee's employment, wages, promotional opportunities, job assignments, or other conditions of employment may be adversely affected by not submitting to sexual advances • Unwelcome statements or conduct based on a person's gender such as gender-based jokes or negative gender-based remarks. 040620 HCBOC Page 318 • Physical conduct such as unwanted touching hugging , kissing , intentional brushing up against the employee's body, or repeated sexual flirtations and propos itions • Any unwelcome verbal comments or phys ical advances of a sexual nature or hostile or physically aggressive behavior directed to an employee, which either affects the employee's conditions of employment, interferes with their ability to perform their job, or creates an intimidating or hostile work environment. Policy Procedures: A. Any employee, who witnesses or is the subject of an instance of unlawful workplace harassment, is encouraged to report the situation and/or complaint without fear of retaliation, orally or in writing, to his or her Supervisor or Department Head or directly to the Human Resources Director. Upon notification of a situation or complaint, the Supervisor, Department Head, or Human Resources Director shall direct the alleged victim to complete the Unlawful Workplace Harassment Form provided in Appendix B of this Ordinance. The Unlawful Harassment Form shall be turned into their Supervisor, Department Head , or Human Resources Director. If a Supervisor or Department Head receives the completed form, he or she must forward it to the Human Resources Director within three (3) working days of completion of the form. If the Human Resources Director is the alleged offender, the alleged event and Unlawful Workplace Harassment Form shall be provided to the Legal Department. B . Once the report or complaint is received , along with any supporting evidence and/or documentation , the Human Resources Director shall , if necessary and without investigation, take immediate action to stop and/or remedy the inappropriate conduct. If immediate action is not necessary, the Human Resources Director shall notify all concerned parties that a complaint has been filed and an investigation will be conducted by the Human Resources Department, the Legal Department, or retained outside legal counsel. If the Human Resources Director is the alleged offender, all actions shall be taken by the Legal Department or legal counsel retained to investigate the matter. C. The investigation may consist of interviewing the concerned parties, the alleged offender(s) and witnesses , along with gathering any relevant evidence or documentation not already available . The investigation should be completed and a report given to the County Manager within fifteen (15) working days of the receipt of the complaint. An extension of not more than 30 days , however, may be granted upon request by the County Manager. If the County Manager is the alleged offender, the report shall be provided to the Board of Commissioners and any extension of the investigation shall be granted upon request by the Board. D . All concerned parties, employees, and departments should be completely cooperative during the investigation. Failure to do so may result in immediate disciplinary action in accordance with Article IX. E . Once a thorough investigation of the complaint is completed, the Human Resources Director, or, if the Human Resources Director is the alleged offender, 040620 HCBOC Page 319 the Legal Department or legal counsel retrained to investigate the matter, shall inform the concerned parties, the appropriate Supervisor or Department Head , and the County Manager of the outcome of the investigation. Following the notification of the results , the Human Resources D irector, along with the County Manager, shall ensure that all appropriate actions are taken to remedy the situation and to reprimand the perpetrator. If the County Manager is the alleged offender, results of the investigation shall be reported to the Board of Commiss ioners and the Board, along with the Human Resources Director, Legal Department, or outside counsel retained to investigate the matter, shall ensure that all appropriate actions are taken . F . After the investigation , all complaints , investigatory files, and other pertinent documents will rema in confidential unless these documents must be released because of federal , state , or local law. Retaliation : Retaliation means any adverse action taken against an individual for filing a discrimination charge , testifying , or participating in any way in an investigation , proceeding , or lawsuit related to discriminatory employment practices based on race, religion , color, national origin , sex, age , disability, political affiliation or genetic information; or because of opposition to employment practices in violation of this Policy . Retaliation against any of the concerned parties , the alleged offender(s), witnesses , or those conducting the investigation will not be tolerated and shall be subject to disciplinary action . 040620 HCBOC Page 320AGENDA ITEM 15-G) Harnett County DSS Monthly Report Totals 2019-20 July August September October November December Jauary 2019 February March April May June Totals Children's Services CPS Reports Received 112 131 147 178 140 122 146 128 Reports Accepted 60 71 85 115 86 71 87 79 Total children in Pie/Custody 159 169 172 191 193 185 183 171 FC Money expended S 122,846.25 $ 115,342.35 $ 114,700.21 $ I 19,236.19 $ 122,545.11 $ 113,851.80 $ 118,673.58 $ 113,287.66 s 940,483.15 Adult Services APS Reports Received 13 18 18 25 9 II 16 12 122 # of trips scheduled 1455 1457 1520 1726 1484 1393 1575 1429 Total Cases 224 228 232 240 235 230 229 225 Work First Energy Expenditures $67,767.28 $68,920.22 $138,180.62 $97,053.67 $94,419.22 $173,831.85 $269,388.32 $88,756.00 $998,317.18 Total cases 129 138 140 140 142 143 144 147 Food & Nutrition Services Apps Approved 498 449 448 477 400 325 528 353 3478 Total Cases (households) 7,698 7670 7709 7,698 7,672 7,582 8,347 7,569 Benefits Issued $1,934,449.00 $2,219,918.00 $1,950,947.00 $) ,913,506.00 $1,910,163.00 $1,871,064.00 $2, I 05,662.00 $1,587,936.00 $15,493,645.00 Adult Medicaid Apps Approved 87 IOI I 16 63 109 102 64 114 Total Cases 11,293 11,291 11,240 11,125 I 1,089 11,I 17 I 1,117 11095 Family & Children's Medicaid Apps Approved 253 321 343 327 221 165 255 258 Total Cases 17,384 17,293 17,289 17,535 17,567 17,642 17,552 17,846 Fraud Total Collections $12,576.41 $14,028.80 $8,097.53 $8,420.21 $8,684.80 $8,880.04 $9,037.44 $8,240.38 $77,965.61 ChildCare Children Served 941 965 798 788 751 746 703 P-841 Total Expenditures $444,141.00 $420,908.00 $393,901.00 $377,637.00 $371,805.00 $362,570.00 $344,288.00 $347,578.00 $3,062,828.00 Child Support Total Collections $809,787 $787,563 $770,420 $812,474 $753,805.00 $855,655.00 $789,406.00 $768,445.00 $6,347,555.00 040620 HCBOC Page 321 sfrta ARCHITECTS Pr incipals Robert W Ferris. AIA. REFP , LEED' AP Enc J. Lindstrom, AIA. LEED '" AP Ronald A. Rice Thomas W Hughes. AIA. REFP. LEED "' AP Barry H. Buckman. AIA. GGP Offices Fayetteville. NC Myrtle Beach, SC Raleigh , NC Capital Bank Plaza 333 Fayetteville Street Suite 225 Raleigh. NC 27601 Phone : 919.573.6350 Fax : 919.573.6355 www.sfla.biz Harnett County Schools Erwin Elementary School -New Facility Schedule Project Schedule (as of Bid & Award Phase Issue Documents for Bid Advertise for Bid ft Re-Bid Ad Appears in Sunday Papers Complete Bid Packages ft Bid Manual Load on Software ft Distribute to Bidders Prebid Meeting/ Community Outreach Meeting Last Day for Questions Last Addendum Bid Date (revised 2 weeks from April 2) Re-bid Date Easter Break (Schools Closed) Scope Review Meetings with Apparent Low Bidders Submit GMP to School School Board Approves at Stated Mtg (1st ft 3rd Monday) School Submits GMP to County Manager AGENDA ITEM 1,5 @ Rev. 03.26.20 Completion Date March 4, 2020 March 4, 2020 March 8, 2020 March 10, 2020 March 11, 2020 March 19, 2020 April 6, 2020 April 9, 2020 April 16, 2020 April 23, 2020 April 10 -April 16 April 17 -April 29 April29,2020 May 4, 2020 May 5, 2020 County Commissioners Meeting for Approvals (Funding Resolution) May 18, 2020 County Sends to LGC LGC Approves Sell of Bonds at Monthly Mtg (1st Tuesday) Davenport Sell Bonds (2 Weeks) School Issues Notice to Proceed Mobilize ft Start Construction (480 Days of Construction) Substantial Completion ft Beneficial Occupancy (move in) Final Completion (30 days) Start of School TBD June 2, 2020 June 30, 2020 July 1, 2020 July 1, 2020 October 24, 2021 November 23, 2021 January 2022 040620 HCBOC Page 323 Board Meeting Agenda Item Add-on SlA~es+ ~-H M EETING DA TE : April 6, 2020 TO: HARN ETT COUNTY BOARD OF C OMMISSIONERS SUBJECT: Harnett Area Rural Transit System (HARTS) Fare Waiver R EQUESTED BY: Barry A. Blevins REQUEST: General Services Director requests the Board of Commissioners consider and approve the waiver of fare s associated with Rural General Public Program (RGP) portion of the annual Rural Operating Assistance Program (ROAP) during the current COVID-19 event. The fares are Dial-a-Ride $3 for in-county and $5 for out-of-county transportation for those indiv idual passengers excluded from other grant programs . This request is based upon the need during the C OVID-19 epidemic to transport passengers to grocery stores, pharmacy and other life- sustaining activities while protecting the public, dri vers and staff from additional virus fomites. HARTS staff w ill maintain records of w ai ved fare s, reporting to the Board and others. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\gwheeler\AppData\Local\M icrosoft\ W indows\lNetCache\Content. O utlook\ W5 EN E9SY\20. 04.0 I Fare Wa iver Agenda Add-on.docx Page I of I 040620 HCBOC Page 322 ~~=-Harnett COUNTY 2020 National Service Recognitio1 WHEREAS, service to others is a hallmark of the American character, and central to how we meet our challenges; and www.harnett.or g WHEREAS, the nation 's counties are increasingly turning to national service and voluoteerism as a cost- effective strategy to meet county needs ; and WHEREAS, AmeriCorps and Senior Corps participants address the most pressing challenges facing our communities, from educating students for the jobs of the 21st century and supporting veterans and military families to providing health services and helping communities recover from natural disasters ; and WHEREAS, national service expands economic opportunity by creating more sustainable, resilient communities and providing education, career skills, and leadership abilities for those who serve; and WHEREAS, AmeriCorps and Senior Corps participants serve in more than 50,000 locations across the country, bolstering the civic, neighborhood, and faith-based organizations that are so vital to our economic and social well-being; and WHEREAS, national service participants increase the impact of the organizations they serve, both through their direct service and by managing millions of additional volunteers; and WHEREAS, national service represents a unique public-private partnership that invests in community solutions and leverages non-federal resources to strengthen community impact and increase the return on taxpayer dollars; and WHEREAS, national service participants demonstrate commitment, dedication, and patriotism by making an intensive commitment to service, a commitment that remains with them in their future endeavors; and WHEREAS, the Corporation for National and Community Service shares a priority with county executives nationwide to engage citizens, improve lives , and strengthen communities ; and is joining with the National Association of Counties a nd county executives across the country for the month of April as Recognition for National Service. NOW THEREFORE, we , the Harnett County Board of Commissioners, do hereby proclaim April as National Service Recognition Month, and encourage residents to recognize the positive impact of national service in our county; to thank those who serve; and to find ways to give back to their communitie s. Adopted this 6th day of April 2020. HARNETT COUNTY BOARD OF COMMISSIONERS Howard Penny, Jr., Chairman Joe Miller, Vice Chairman Mark Johnson Barbara McKoy Gordon Springle strong root s • new growth