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HomeMy WebLinkAbout053122 ws packetWORK SESSION AGENDA Date: Tuesday, May 31, 2022 Time: 9:00 a.m. Location: Commissioners Meeting Room Harnett County Resource Center & Library 455 McKinney Parkway, Lillington Harnett County Board of Commissioners Page | 1 1.Call to order – Chairman Lewis Weatherspoon 2.Pledge of Allegiance and Invocation – Commissioner Barbara McKoy 3.Discuss FTA Alcohol & Drug Policy; Barry Blevins, General Services Director 4.Discuss Resolutions to request Amarillo Lane in Buffalo Lakes Business Park, Paige Stone Way in Cross Link Place Ph. 3 and Tupelo Road and Raintree Lane in Hidden Lakes be added to the State’s Secondary Road System; Jay Sikes, Assistant Development Services Director/ Manager of Planning Services 5.Discuss EMS Franchise Ordinance; Larry Smith, Emergency Services Director 6.Discuss extension of temporary fire inspections and plan review agreement; Larry Smith, Emergency Services Director 7.Discuss an agreement to provide building inspection services as requested by the City of Dunn; Mark Locklear, Development Services Director and Coley Price, Assistant County Manager 8.Discuss a request for the Board to award the chemical supply contracts for HRW for FY 2022-23; Steve Ward, Harnett Regional Water Director 9.Discuss a request from Northwest Harnett Fire Department; Kimberly Honeycutt, Finance Officer 10.Discuss a request to update the Clinical Patient Fee Policy; John Rouse, Health Director 11.Discuss a request to accept a donation of fifty dollars to the Harnett County Sheriff’s Office to be placed in the 22-23 budget in Athletic & Program Supplies; Wayne Coats, Sheriff 12.Discuss revisions to the Rules of Procedures; Christopher Appel, Senior Staff Attorney 13.Discuss amendments to the Personnel Ordinance; Christopher Appel, Senior Staff Attorney 14.Discuss a request to accept the awarded North Carolina Department of Transportation, Division of Aviation State Fiscal Year 2022 for State Aid to Airport Block Grant Program for the Aircraft Apron and Helipad Construction Project, an amendment to the Capital Project Ordinance and allowing the County Manager to sign state grant agreement and construction contract with Zachery Construction Corporation ; Coley Price, Assistant County Manager 15.Discuss FY 2022/2023 Budget; Brent Trout, County Manager 16.County Manager’s Report- Brent Trout, County Manager HCBOC 053122 ws Pg. 1 Harnett County Board of Commissioners Page | 2 June 6, 2022 Regular Meeting Agenda Review Review applications to serve on Boards and Committees Upcoming meetings and invitations 17.Closed Session 18.Recess – The Board of Commissioners will convene in Joint Session with The Board of Education at 11:00 a.m. in Training Room 103A. 19.Adjourn CONDUCT OF THE MAY 31, 2022 MEETING Live audio of the meeting will be streamed on the Harnett County Government’s YouTube Channel at https://www.youtube.com/channel/UCU7mTF6HTD65x_98EhAMeMg/featured. HCBOC 053122 ws Pg. 2 S:\Clerk to the Board docs\AGENDAS\2022\053122 ws\3.1 22.05.25 HARTS D&A policy FY 2024 agendaform2022 (002).docx Page 1 of 2 Board Meeting Agenda Item MEETING DATE: June 6, 2022 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: North Carolina Department of Transportation (NCDOT) / Integrated Mobility Division (IMD) - Drug and Alcohol Testing Policy (Zero Tolerance) for Harnett Area Rural Transit System (HARTS) REQUESTED BY: Barry A. Blevins, General Services Director REQUEST: General Services Director - Harnett Area Rural Transit System (HARTS) requests the Board of Commissioners consider approving a revised Drug and Alchol (D&A) Policy for HARTS employees as requested by NCDOT/IMD. The revised policy is consistent with new Federal Transportation Administration (FTA) guidelines required for transit organizations receiving federal funding and NCDOT/IMD as a block grant recipient is ensuring compliance from rural transit organizations. Federal grant assurances requires compliance as a condition of receiving federal funding. If approved, this policy will be effective immediately. Item 3 HCBOC 053122 ws Pg. 3 S:\Clerk to the Board docs\AGENDAS\2022\053122 ws\3.1 22.05.25 HARTS D&A policy FY 2024 agendaform2022 (002).docx Page 2 of 2 FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: HCBOC 053122 ws Pg. 4 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 1 DRUG AND ALCOHOL TESTING POLICY HARNETT AREA RURAL TRANSIT SYSTEM (HARTS) Adopted as of June 6, 2022 A.PURPOSE 1)The Harnett Area Rural Transit System (“HARTS”) provides public transit and paratransit services for the residents of Harnett County. Part of our mission is to ensure that this service is delivered safely, efficiently, and effectively by establishing a drug and alcohol-free work environment, and to ensure that the workplace remains free from the effects of drugs and alcohol in order to promote the health and safety of employees and the general public. In keeping with this mission, HARTS declares that the unlawful manufacture, distribution, dispense, possession, or use of controlled substances or misuse of alcohol is prohibited for all employees. 2)Additionally, the purpose of this policy is to establish guidelines to maintain a drug and alcohol-free workplace in compliance with the Drug- Free Workplace Act of 1988, and the Omnibus Transportation Employee Testing Act of 1991. This policy is intended to comply with all applicable Federal regulations governing workplace anti-drug and alcohol programs in the transit industry. Specifically, the Federal Transit Administration (FTA) of the U.S. Department of Transportation has published 49 CFR Part 655, as amended, that mandates urine drug testing and breath alcohol testing for safety-sensitive positions, and prohibits performance of safety-sensitive functions when there is a positive test result, or a refusal to test. The U. S. Department of Transportation (USDOT) has also published 49 CFR Part 40, as amended, that sets standards for the collection and testing of urine and breath specimens. 3)Any provisions set forth in this policy that are included under the sole authority of HARTS and are not provided under the authority of the above named Federal regulations are underlined. Tests conducted under the sole authority of HARTS will be performed on non-USDOT forms and will be separate from USDOT testing in all respects. B.APPLICABILITY This Drug and Alcohol Testing Policy applies to all safety-sensitive employees (full- or part-time) when performing safety sensitive duties. A List of such employees and the authority under which they are included shall be maintained by the Human Resources and Risk Management Department. A safety-sensitive function is operation of public transit service including the operation of a revenue service vehicle (whether or not the vehicle is in revenue HCBOC 053122 ws Pg. 5 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 2 service), maintenance of a revenue service vehicle or equipment used in revenue service, security personnel who carry firearms, dispatchers or persons controlling the movement of revenue service vehicles and any transit employee who operates a non-revenue service vehicle that requires a Commercial Driver’s License to operate. Maintenance functions include the repair, overhaul, and rebuild of engines, vehicles and/or equipment used in revenue service. A list of safety-sensitive positions who perform one or more of the above mentioned duties shall be maintained by the Risk Management and Human Resources Department. Supervisors are only safety sensitive if they perform one of the above functions. Volunteers are considered safety sensitive and subject to testing if they are required to hold a CDL, or receive remuneration for service in excess of actual expense. C. DEFINITIONS Accident: An occurrence associated with the operation of a vehicle even when not in revenue service, if as a result: a. An individual dies; b. An individual suffers a bodily injury and immediately receives medical treatment away from the scene of the accident; or, c. One or more vehicles incur disabling damage as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle. For purposes of this definition, disabling damage means damage which precludes departure of any vehicle from the scene of the occurrence in its usual manner in daylight after simple repairs. Disabling damage includes damage to vehicles that could have been operated but would have been further damaged if so operated, but does not include damage which can be remedied temporarily at the scene of the occurrence without special tools or parts, tire disablement without other damage even if no spare tire is available, or damage to headlights, taillights, turn signals, horn, or windshield wipers that makes them inoperative. Adulterated specimen: A specimen that has been altered, as evidence by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substance. Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols contained in any beverage, mixture, mouthwash, candy, food, preparation or medication. Alcohol Concentration: Expressed in terms of grams of alcohol per 210 liters of breath as indicated by a breath test under 49 CFR Part 40. HCBOC 053122 ws Pg. 6 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 3 Aliquot: A fractional part of a specimen used for testing. It is taken as a sample representing the whole specimen. Canceled Test: A drug or alcohol test that has a problem identified that cannot be or has not been corrected, or which is cancelled. A canceled test is neither positive nor negative. Confirmatory Drug Test: A second analytical procedure performed on a different aliquot of the original specimen to identify and quantify the presence of a specific drug or metabolite. Confirmatory Validity Test: A second test performed on a different aliquot of the original urine specimen to further support a validity test result. Covered Employee Under FTA Authority: An employee who performs a safety- sensitive function including an applicant or transferee who is being considered for hire into a safety-sensitive function (See list of covered employees maintained by the Human Resources & Risk Management Department). Designated Employer Representative (DER): An employee authorized by the employer to take immediate action to remove employees from safety-sensitive duties and to make required decisions in testing. The DER also receives test results and other communications for the employer, consistent with the requirements of 49 CFR Parts 40 and 655. DOT, The Department, DOT Agency: These terms encompass all DOT agencies, including, but not limited to, the Federal Aviation Administration (FAA), the Federal Railroad Administration (FRA), the Federal Motor Carrier Safety Administration (FMCSA), the Federal Transit Administration (FTA), the National Highway Traffic Safety Administration (NHTSA), the Pipeline and Hazardous Materials Safety Administration (PHMSA), and the Office of the Secretary (OST). For purposes of 49 CFR Part 40, the United States Coast Guard (USCG), in the Department of Homeland Security, is considered to be a DOT agency for drug testing purposes. These terms include any designee of a DOT agency. Dilute specimen: A urine specimen with creatinine and specific gravity values that are lower than expected for human urine. Disabling damage: Damage which precludes departure of any vehicle from the scene of the occurrence in its usual manner in daylight after simple repairs. Disabling damage includes damage to vehicles that could have been operated but would have been further damaged if so operated, but does not include damage which can be remedied temporarily at the scene of the occurrence without special tools or parts, tire disablement without other damage even if no HCBOC 053122 ws Pg. 7 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 4 spare tire is available, or damage to headlights, taillights, turn signals, horn, or windshield wipers that makes them inoperative. Evidentiary Breath Testing Device (EBT): A device approved by the NHTSA for the evidential testing of breath at the 0.02 and the 0.04 alcohol concentrations, and appears on ODAPC’s Web page for “Approved Evidential Breath Measurement Devices” because it conforms with the model specifications available from NHTSA. Initial Drug Test: (Screening Drug Test) The test used to differentiate a negative specimen from one that requires further testing for drugs or drug metabolites. Initial Specimen Validity Test: The first test used to determine if a urine specimen is adulterated, diluted, substituted, or invalid Invalid Result: The result reported by an HHS-certified laboratory in accordance with the criteria established by the HHS Mandatory Guidelines when a positive, negative, adulterated, or substituted result cannot be established for a specific drug or specimen validity test. Laboratory: Any U.S. laboratory certified by HHS under the National Laboratory Certification program as meeting standards of Subpart C of the HHS Mandatory Guidelines for Federal Workplace Drug Testing Programs; or, in the case of foreign laboratories, a laboratory approved for participation by DOT under this part. Limit of Detection (LOD): The lowest concentration at which a measurand can be identified, but (for quantitative assays) the concentration cannot be accurately calculated. Limit of Quantitation: For quantitative assays, the lowest concentration at which the identity and concentration of the measurand can be accurately established. Medical Review Officer (MRO): A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by the drug testing program who has knowledge of substance abuse disorders, and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result, together with his/her medical history, and any other relevant bio-medical information. Negative Dilute: A drug test result which is negative for the five drug/drug metabolites but has creatinine and specific gravity values that are lower than expected for human urine. HCBOC 053122 ws Pg. 8 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 5 Negative result: The result reported by an HHS-certified laboratory to an MRO when a specimen contains no drug or the concentration of the drug is less than the cutoff concentration for the drug or drug class and the specimen is a valid specimen. An alcohol concentration of less than 0.02 BAC is a negative test result. Non-negative test result: A urine specimen that is reported as adulterated, substituted, invalid, or positive for drug/drug metabolites. Oxidizing Adulterant: A substance that acts alone or in combination with other substances to oxidize drugs or drug metabolites to prevent the detection of the drug or metabolites, or affects the reagents in either the initial or confirmatory drug test. Performing (a safety-sensitive function): A covered employee is considered to be performing a safety-sensitive function and includes any period in which he or she is actually performing, ready to perform, or immediately available to perform such functions. Positive result: The result reported by an HHS- Certified laboratory when a specimen contains a drug or drug metabolite equal or greater to the cutoff concentrations. Prohibited drug: Identified as marijuana, cocaine, opioids, amphetamines, or phencyclidine as specified in 49 CFR Part 40, as amended. Reconfirmed: The result reported for a split specimen when the second laboratory is able to corroborate the original result reported for the primary specimen. Rejected for Testing: The result reported by an HHS- Certified laboratory when no tests are performed for specimen because of a fatal flaw or a correctable flaw that has not been corrected. Revenue Service Vehicles: All transit vehicles that are used for passenger transportation service. Safety-sensitive functions: Employee duties identified as: (1) The operation of a transit revenue service vehicle even when the vehicle is not in revenue service. (2) The operation of a non-revenue service vehicle by an employee when the operation of such a vehicle requires the driver to hold a Commercial Drivers License (CDL). (3) Maintaining a revenue service vehicle or equipment used in revenue service. HCBOC 053122 ws Pg. 9 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 6 (4) Controlling the movement of a revenue service vehicle and (5) Carrying a firearm for security purposes. Split Specimen Collection: A collection in which the urine collected is divided into two separate bottles, the primary specimen (Bottle A) and the split specimen (Bottle B). Substance Abuse Professional (SAP): A licensed physician (medical doctor or doctor of osteopathy) or licensed or certified psychologist, social worker, employee assistance professional, state-licensed or certified marriage and family therapist, or drug and alcohol counselor (certified by an organization listed at https://www.transportation.gov/odapc/sap) with knowledge of and clinical experience in the diagnosis and treatment of drug and alcohol related disorders. Substituted specimen: A urine specimen with creatinine and specific gravity values that are so diminished or so divergent that they are not consistent with normal human urine. Test Refusal: The following are considered a refusal to test if the employee: (1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer. (2) Fail to remain at the testing site until the testing process is complete. An employee who leaves the testing site before the testing process commences for a pre-employment test has not refused to test. (3) Fail to attempt to provide a breath or urine specimen. An employee who does not provide a urine or breath specimen because he or she has left the testing site before the testing process commenced for a pre- employment test has not refused to test. (4) In the case of a directly-observed or monitored urine drug collection, fail to permit monitoring or observation of your provision of a specimen. (5) Fail to provide a sufficient quantity of urine or breath without a valid medical explanation. (6) Fail or decline to take a second test as directed by the collector or the employer for drug testing. (7) Fail to undergo a medical evaluation as required by the MRO or the employer's Designated Employer Representative (DER). (8) Fail to cooperate with any part of the testing process. (9) Fail to follow an observer's instructions to raise and lower clothing and turn around during a directly-observed test. (10) Possess or wear a prosthetic or other device used to tamper with the collection process. (11) Admit to the adulteration or substitution of a specimen to the collector or MRO. (12) Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF). HCBOC 053122 ws Pg. 10 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 7 (13) Fail to remain readily available following an accident. (14) As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test. Vehicle: A bus, electric bus, van, automobile, rail car, trolley car, trolley bus, or vessel. A public transit vehicle is a vehicle used for public transportation or for ancillary services. Verified negative test: A drug test result reviewed by a medical review officer and determined to have no evidence of prohibited drug use at or above the minimum cutoff levels established by the Department of Health and Human Services (HHS). Verified positive test: A drug test result reviewed by a medical review officer and determined to have evidence of prohibited drug use at or above the minimum cutoff levels specified in 49 CFR Part 40 as revised. Validity testing: The evaluation of the specimen to determine if it is consistent with normal human urine. Specimen validity testing will be conducted on all urine specimens provided for testing under DOT authority. The purpose of validity testing is to determine whether certain adulterants or foreign substances were added to the urine, if the urine was diluted, or if the specimen was substituted. D. EDUCATION AND TRAINING 1) Every covered employee will receive a copy of this policy and will have ready access to the corresponding federal regulations including 49 CFR Parts 655 and 40, as amended. In addition, all covered employees will undergo a minimum of 60 minutes of training on the signs and symptoms of drug use including the effects and consequences of drug use on personal health, safety, and the work environment. The training also includes manifestations and behavioral cues that may indicate prohibited drug use. 2) All supervisory personnel or County officials who are in a position to determine employee fitness for duty will receive 60 minutes of reasonable suspicion training on the physical, behavioral, and performance indicators of probable drug use and 60 minutes of additional reasonable suspicion training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse. E. PROHIBITED SUBSTANCES HCBOC 053122 ws Pg. 11 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 8 1) Prohibited substances addressed by this policy include the following. a. Illegally Used Controlled Substance or Drugs Under the Drug-Free Workplace Act of 1988 any drug or any substance identified in Schedule I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), and as further defined by 21 CFR 1308.11 through 1308.15 is prohibited at all times in the workplace unless a legal prescription has been written for the substance. This includes, but is not limited to: marijuana, amphetamines, opioids, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. It is important to note that the use of marijuana in any circumstances remains completely prohibited for any safety-sensitive employee subject to drug testing under USDOT regulations. The use of marijuana in any circumstance (including under state recreational and/or medical marijuana laws) by a safety-sensitive employee is a violation of this policy and a violation of the USDOT regulation 49 CFR Part 40, as amended. Federal Transit Administration drug testing regulations (49 CFR Part 655) require that all employees covered under FTA authority be tested for marijuana, cocaine, amphetamines, opioids, and phencyclidine as described in this policy. Illegal use of these five drugs is prohibited at all times and thus, covered employees may be tested for these drugs anytime that they are on duty. b. Legal Drugs: The appropriate use of legally prescribed drugs and non- prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to a HARTS supervisor and the employee is required to provide a written release from his/her doctor or pharmacist indicating that the employee can perform his/her safety-sensitive functions. c. Alcohol: The use of beverages containing alcohol (including mouthwash, medication, food, candy) or any other substances containing alcohol in a manner which violates the conduct listed in this policy is prohibited. F. PROHIBITED CONDUCT 1) Illegal use of the drugs listed in this policy and as defined in 49 CFR Part 40, as amended is prohibited at all times. All covered employees are HCBOC 053122 ws Pg. 12 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 9 prohibited from reporting for duty or remaining on duty if they have used a prohibited drug as defined in 49 CFR Part 40, as amended. 2) Each covered employee is prohibited from consuming alcohol while performing safety-sensitive job functions or while on-call to perform safety- sensitive job functions. If an on-call employee has consumed alcohol, they must acknowledge the use of alcohol at the time that they are called to report for duty. The covered employee will subsequently be relieved of his/her on-call responsibilities and subject to discipline for not fulfilling his/her on-call responsibilities. 3) The Transit Department shall not permit any covered employee to perform or continue to perform safety-sensitive functions if it has actual knowledge that the employee is using alcohol 4) Each covered employee is prohibited from reporting to work or remaining on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater regardless of when the alcohol was consumed. a. An employee with a breath alcohol concentration which measures 0.02-0.039 is not considered to have violated the USDOT-FTA drug and alcohol regulations, provided the employee hasn’t consumed the alcohol within four (4) hours of performing a safety-sensitive duty. However, if a safety-sensitive employee has a breath alcohol concentration of 0.02-0.039, USDOT-FTA regulations require the employee to be removed from the performance of safety-sensitive duties until: i. The employee’s alcohol concentration measures less than 0.02; or ii. The start of the employee’s next regularly scheduled duty period, but not less than eight hours following administration of the test. 5) No covered employee shall consume alcohol for eight (8) hours following involvement in an accident or until he/she submits to the post-accident drug/alcohol test, whichever occurs first. 6) No covered employee shall consume alcohol within four (4) hours prior to the performance of safety-sensitive job functions. 7) HARTS, under its own authority, also prohibits the consumption of alcohol at all times the employee is on duty, or anytime the employee is in uniform. HCBOC 053122 ws Pg. 13 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 10 8) Consistent with the Drug-free Workplace Act of 1988, all HARTS employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of prohibited substances in the work place including transit system premises and transit vehicles. G. DRUG STATUTE CONVICTION Consistent with the Drug Free Workplace Act of 1998, all employees are required to notify HARTS management of any criminal drug statute conviction for a violation occurring in the workplace within five days after such conviction. Failure to comply with this provision shall result in disciplinary action as defined in Section Q of this policy. H. TESTING REQUIREMENTS 1) Analytical urine drug testing and breath testing for alcohol will be conducted as required by 49 CFR Part 40 as amended. All employees covered under FTA authority shall be subject to testing prior to performing safety-sensitive duty, for reasonable suspicion, following an accident, and random as defined in Section K, L, M, and N of this policy, and return to duty/follow-up. 2) A drug test can be performed any time a covered employee is on duty. A reasonable suspicion, random, or follow-up alcohol test can only be performed just before, during, or after the performance of a safety- sensitive job function. Under HARTS authority, a non-DOT alcohol test can be performed any time a covered employee is on duty. 3) All covered employees will be subject to urine drug testing and breath alcohol testing as a condition of ongoing employment with HARTS. Any safety-sensitive employee who refuses to comply with a request for testing shall be removed from duty and subject to discipline as defined in Section Q of this policy. I. DRUG TESTING PROCEDURES 1) Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and using techniques, equipment, and laboratory facilities which have been approved by the U.S. Department of Health and Human Service (HHS). All testing will be conducted consistent with the procedures set forth in 49 CFR Part 40, as amended. The procedures will HCBOC 053122 ws Pg. 14 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 11 be performed in a private, confidential manner and every effort will be made to protect the employee, the integrity of the drug testing procedure, and the validity of the test result. 2) The drugs that will be tested for include marijuana, cocaine, opioids, amphetamines, and phencyclidine. After the identity of the donor is checked using picture identification, a urine specimen will be collected using the split specimen collection method described in 49 CFR Part 40, as amended. Each specimen will be accompanied by a DOT Custody and Control Form and identified using a unique identification number that attributes the specimen to the correct individual. The specimen analysis will be conducted at a HHS certified laboratory. An initial drug screen and validity test will be conducted on the primary urine specimen. For those specimens that are not negative, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) or Liquid Chromatography/Mass Spectrometry (LC/MS) test will be performed. The test will be considered positive if the amounts of the drug(s) and/or its metabolites identified by the GC/MS or LC/MS test are above the minimum thresholds established in 49 CFR Part 40, as amended. 3) The test results from the HHS certified laboratory will be reported to a Medical Review Officer. A Medical Review Officer (MRO) is a licensed physician with detailed knowledge of substance abuse disorders and drug testing. The MRO will review the test results to ensure the scientific validity of the test and to determine whether there is a legitimate medical explanation for a confirmed positive, substitute, or adulterated test result. The MRO will attempt to contact the employee to notify the employee of the non-negative laboratory result, and provide the employee with an opportunity to explain the confirmed laboratory test result. The MRO will subsequently review the employee’s medical history/medical records as appropriate to determine whether there is a legitimate medical explanation for a non-negative laboratory result. If no legitimate medical explanation is found, the test will be verified positive or refusal to test and reported to HARTS. If a legitimate explanation is found, the MRO will report the test result as negative. 4) If the test is invalid without a medical explanation, a retest will be conducted under direct observation. Employees do not have access to a test of their split specimen following an invalid result. 5) Any covered employee who questions the results of a required drug test may request that the split sample be tested. The split sample test must be conducted at a second HHS-certified laboratory. The test must be conducted on the split sample that was provided by the employee at the same time as the primary sample. The method of collecting, storing, and HCBOC 053122 ws Pg. 15 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 12 testing the split sample will be consistent with the procedures set forth in 49 CFR Part 40, as amended. The employee's request for a split sample test must be made to the Medical Review Officer within 72 hours of notice of the original sample verified test result. Requests after 72 hours will only be accepted at the discretion of the MRO if the delay was due to documentable facts that were beyond the control of the employee. HARTS will ensure that the cost for the split specimen analysis is covered in order for a timely analysis of the sample, however HARTS will seek reimbursement for the split sample test from the employee. 6) If the analysis of the split specimen fails to confirm the presence of the drug(s) detected in the primary specimen, if the split specimen is not able to be analyzed, or if the results of the split specimen are not scientifically adequate, the MRO will declare the original test to be canceled. 7) The split specimen will be stored at the initial laboratory until the analysis of the primary specimen is completed. If the primary specimen is negative, the split will be discarded. If the primary specimen is positive, it will be retained in frozen storage for one year and the split specimen will also be retained for one year. If the primary is positive, the primary and the split will be retained for longer than one year for testing if so requested by the employee through the MRO, or by the employer, by the MRO, or by the relevant DOT agency. 8) Observed collections a. Consistent with 49 CFR Part 40, as amended, collection under direct observation (by a person of the same gender) with no advance notice will occur if: i. The laboratory reports to the MRO that a specimen is invalid, and the MRO reports to HARTS that there was not an adequate medical explanation for the result; ii. The MRO reports to HARTS that the original positive, adulterated, or substituted test result had to be cancelled because the test of the split specimen could not be performed; iii. The laboratory reported to the MRO that the specimen was negative-dilute with a creatinine concentration greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL, and the MRO reported the specimen as negative-dilute and that a second collection must take place under direct observation (see §40.197(b)(1)). HCBOC 053122 ws Pg. 16 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 13 iv. The collector observes materials brought to the collection site or the employee's conduct clearly indicates an attempt to tamper with a specimen; v. The temperature on the original specimen was out of range; vi. Anytime the employee is directed to provide another specimen because the original specimen appeared to have been tampered with. vii. All follow-up-tests; or viii. All return-to-duty tests J. ALCOHOL TESTING PROCEDURES 1) Tests for breath alcohol concentration will be conducted utilizing a National Highway Traffic Safety Administration (NHTSA)-approved Evidential Breath Testing device (EBT) operated by a trained Breath Alcohol Technician (BAT). A list of approved EBTs can be found on ODAPC’s Web page for “Approved Evidential Breath Measurement Devices”. Alcohol screening tests may be performed using a non- evidential testing device (alcohol screening device (ASD)) which is also approved by NHTSA. A list of approved ASDs can be found on ODAPC’s Web page for “Approved Screening Devices to Measure Alcohol in Bodily Fluids”. If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results of the initial test. The confirmatory test must occur on an EBT. The confirmatory test will be conducted no sooner than fifteen minutes after the completion of the initial test. The confirmatory test will be performed using a NHTSA- approved EBT operated by a trained BAT. The EBT will identify each test by a unique sequential identification number. This number, time, and unit identifier will be provided on each EBT printout. The EBT printout, along with an approved alcohol testing form, will be used to document the test, the subsequent results, and to attribute the test to the correct employee. The test will be performed in a private, confidential manner as required by 49 CFR Part 40, as amended. The procedure will be followed as prescribed to protect the employee and to maintain the integrity of the alcohol testing procedures and validity of the test result. 2) A confirmed alcohol concentration of 0.04 or greater will be considered a positive alcohol test and in violation of this policy. The consequences of a positive alcohol test are described in Section Q. of this policy. Even HCBOC 053122 ws Pg. 17 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 14 though an employee who has a confirmed alcohol concentration of 0.02 to 0.039 is not considered positive, the employee shall still be removed from duty for at least eight hours or for the duration of the work day whichever is longer and will be subject to the consequences described in Section Q of this policy. An alcohol concentration of less than 0.02 will be considered a negative test. 3) HARTS affirms the need to protect individual dignity, privacy, and confidentiality throughout the testing process. If at any time the integrity of the testing procedures or the validity of the test results is compromised, the test will be canceled. Minor inconsistencies or procedural flaws that do not impact the test result will not result in a cancelled test. 4) The alcohol testing form (ATF) required by 49 CFR Part 40 as amended, shall be used for all FTA required testing. Failure of an employee to sign step 2 of the ATF will be considered a refusal to submit to testing. K. PRE-EMPLOYMENT TESTING 1) All applicants for covered transit positions shall undergo urine drug testing prior to performance of a safety-sensitive function. a. All offers of employment for covered positions shall be extended conditional upon the applicant passing a drug test. An applicant will not be allowed to perform safety-sensitive functions unless the applicant takes a drug test with verified negative results. b. An employee shall not be placed, transferred or promoted into a position covered under FTA authority or company authority until the employee takes a drug test with verified negative results. c. If an applicant fails a pre-employment drug test, the conditional offer of employment shall be rescinded and the applicant will be provided with a list of at least two (2) USDOT qualified Substance Abuse Professionals. Failure of a pre-employment drug test will disqualify an applicant for employment for a period of at least one year. Before being considered for future employment the applicant must provide the employer proof of having successfully completed a referral, evaluation and treatment plan as described in section 655.62 of subpart G. The cost for the assessment and any subsequent treatment will be the sole responsibility of the applicant. d. When an employee being placed, transferred, or promoted from a non-covered position to a position covered under FTA authority or HCBOC 053122 ws Pg. 18 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 15 company authority submits a drug test with a verified positive result, the employee shall be subject to disciplinary action in accordance with Section Q herein. e. If a pre-employment test is canceled, HARTS will require the applicant to take and pass another pre-employment drug test. f. In instances where a FTA covered employee does not perform a safety-sensitive function for a period of 90 consecutive days or more regardless of reason, and during that period is not in the random testing pool the employee will be required to take a pre- employment drug test under 49 CFR Part 655 and have negative test results prior to the conduct of safety-sensitive job functions. g. Following a negative dilute the employee will be required to undergo another test. Should this second test result in a negative dilute result, the test will be considered a negative and no additional testing will be required unless directed to do so by the MRO. h. Applicants are required (even if ultimately not hired) to provide HARTS with signed written releases requesting USDOT drug and alcohol records from all previous, USDOT-covered, employers that the applicant has worked for within the last two years. Failure to do so will result in the employment offer being rescinded. HARTS is required to ask all applicants (even if ultimately not hired) if they have tested positive or refused to test on a pre-employment test for a USDOT covered employer within the last two years. If the applicant has tested positive or refused to test on a pre- employment test for a USDOT covered employer, the applicant must provide HARTS proof of having successfully completed a referral, evaluation and treatment plan as described in section 655.62 of subpart G. L. REASONABLE SUSPICION TESTING 1) All HARTS FTA covered employees will be subject to a reasonable suspicion drug and/or alcohol test when the employer has reasonable suspicion to believe that the covered employee has used a prohibited drug and/or engaged in alcohol misuse. Reasonable suspicion shall mean that there is objective evidence, based upon specific, contemporaneous, articulable observations of the employee's appearance, behavior, speech or body odor that are consistent with possible drug use and/or alcohol misuse. Reasonable suspicion referrals must be made by one or more supervisors who are trained to detect the signs and symptoms of drug and HCBOC 053122 ws Pg. 19 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 16 alcohol use, and who reasonably concludes that an employee may be adversely affected or impaired in his/her work performance due to possible prohibited substance abuse or alcohol misuse. A reasonable suspicion alcohol test can only be conducted just before, during, or just after the performance of a safety-sensitive job function. However, under HARTS’ authority, a non-DOT reasonable suspicion alcohol test may be performed any time the covered employee is on duty. A reasonable suspicion drug test can be performed any time the covered employee is on duty. 2) HARTS shall be responsible for transporting the employee to the testing site. Supervisors should avoid placing themselves and/or others into a situation which might endanger the physical safety of those present. The employee shall be placed on administrative leave pending disciplinary action described in Section Q of this policy. An employee who refuses an instruction to submit to a drug/alcohol test shall not be permitted to finish his or her shift and shall immediately be placed on administrative leave pending disciplinary action as specified in Section Q of this policy. 3) A written record of the observations which led to a drug/alcohol test based on reasonable suspicion shall be prepared and signed by the supervisor making the observation. This written record shall be submitted to HARTS. 4) When there are no specific, contemporaneous, articulable objective facts that indicate current drug or alcohol use, but the employee (who is not already a participant in a treatment program) admits the abuse of alcohol or other substances to a supervisor in his/her chain of command, the employee shall be referred for assessment and treatment consistent with Section Q of this policy. HARTS shall place the employee on administrative leave in accordance with the provisions set forth under Section Q of this policy. Testing in this circumstance would be performed under the direct authority of HARTS. Since the employee self-referred to management, testing under this circumstance would not be considered a violation of this policy or a positive test result under Federal authority. However, self-referral does not exempt the covered employee from testing under Federal authority as specified in Sections L through N of this policy or the associated consequences as specified in Section Q. M. POST-ACCIDENT TESTING 1) FATAL ACCIDENTS – A covered employee will be required to undergo urine and breath testing if they are involved in an accident with a transit vehicle, whether or not the vehicle is in revenue service at the time of the HCBOC 053122 ws Pg. 20 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 17 accident, that results in a fatality. This includes all surviving covered employees that are operating the vehicle at the time of the accident and any other whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the decision. 2) NON-FATAL ACCIDENTS – A post-accident test of the employee operating the public transportation vehicle will be conducted if an accident occurs and at least one of the following conditions is met: a. The accident results in injuries requiring immediate medical treatment away from the scene, unless the covered employee can be completely discounted as a contributing factor to the accident. b. One or more vehicles incurs disabling damage as a result of the occurrence and must be transported away from the scene, unless the covered employee can be completely discounted as a contributing factor to the accident In addition, any other covered employee whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the decision, will be tested. As soon as practicable following an accident, as defined in this policy, the transit supervisor investigating the accident will notify the transit employee operating the transit vehicle and all other covered employees whose performance could have contributed to the accident of the need for the test. The supervisor will make the determination using the best information available at the time of the decision. The appropriate transit supervisor shall ensure that an employee, required to be tested under this section, is tested as soon as practicable, but no longer than eight (8) hours of the accident for alcohol, and no longer than 32 hours for drugs. If an alcohol test is not performed within two hours of the accident, the Supervisor will document the reason(s) for the delay. If the alcohol test is not conducted within (8) eight hours, or the drug test within 32 hours, attempts to conduct the test must cease and the reasons for the failure to test documented. Any covered employee involved in an accident must refrain from alcohol use for eight (8) hours following the accident, or until he/she undergoes a post-accident alcohol test. An employee who is subject to post-accident testing who fails to remain readily available for such testing, including notifying a supervisor of his or her location if he or she leaves the scene of the accident prior to submission to such test, may be deemed to have refused to submit to testing. HCBOC 053122 ws Pg. 21 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 18 Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident, or to prohibit an employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care. In the rare event that HARTS is unable to perform an FTA drug and alcohol test (i.e., employee is unconscious, employee is detained by law enforcement agency), HARTS may use drug and alcohol post-accident test results administered by local law enforcement officials in lieu of the FTA test. The local law enforcement officials must have independent authority for the test and the employer must obtain the results in conformance with local law. N. RANDOM TESTING 1) All covered employees will be subjected to random, unannounced testing. The selection of employees shall be made by a scientifically valid method of randomly generating an employee identifier from the appropriate pool of safety-sensitive employees. Employees who may be covered under County authority will be selected from a pool of non-DOT-covered employees. 2) The dates for administering unannounced testing of randomly selected employees shall be spread reasonably throughout the calendar year, day of the week and hours of the day. 3) The number of employees randomly selected for drug/alcohol testing during the calendar year shall be not less than the percentage rates set each year by the FTA administrator. The current year testing rates can be viewed online at https://www.transportation.gov/odapc/random-testing- rates. 4) Each covered employee shall be in a pool from which the random selection is made. Each covered employee in the pool shall have an equal chance of selection each time the selections are made. Employees will remain in the pool and subject to selection, whether or not the employee has been previously tested. There is no discretion on the part of management in the selection. 5) Covered transit employees that fall under the Federal Transit Administration regulations will be included in one random pool maintained separately from the testing pool of non-safety-sensitive employees that are included solely under HARTS authority. HCBOC 053122 ws Pg. 22 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 19 6) Random tests can be conducted at any time during an employee’s shift for drug testing. Alcohol random tests can only be performed just before, during, or just after the performance of a safety sensitive duty. However, under HARTS’ authority, a non-DOT random alcohol test may be performed any time the covered employee is on duty. Testing can occur during the beginning, middle, or end of an employee’s shift. 7) Employees are required to proceed immediately to the collection site upon notification of their random selection. O. RETURN-TO-DUTY TESTING HARTS will terminate the employment of any employee that tests positive or refuses a test as specified in section Q of this policy. However, in the rare event an employee is reinstated with court order or other action beyond the control of HARTS, the employee must complete the return-to-duty process prior to the performance of safety-sensitive functions. All covered employees who previously tested positive on a drug or alcohol test or refused a test, must test negative for drugs, alcohol (below 0.02 for alcohol), or both and be evaluated and released by the Substance Abuse Professional before returning to work. Following the initial assessment, the SAP will recommend a course of rehabilitation unique to the individual. The SAP will recommend the return-to-duty test only when the employee has successfully completed the treatment requirement and is known to be drug and alcohol-free and there are no undue concerns for public safety. The SAP will determine whether the employee returning to duty will require a return- to-duty drug test, alcohol test, or both. P. FOLLOW-UP TESTING Covered employees that have returned to duty following a positive or refused test will be required to undergo frequent, unannounced drug and/or alcohol testing following their return-to-duty test. The follow-up testing will be performed for a period of one to five years with a minimum of six tests to be performed the first year. The frequency and duration of the follow-up tests (beyond the minimums) will be determined by the SAP reflecting the SAP’s assessment of the employee’s unique situation and recovery progress. Follow-up testing should be frequent enough to deter and/or detect a relapse. Follow-up testing is separate and in addition to the random, post-accident, reasonable suspicion and return-to- duty testing. In the instance of a self-referral or a management referral, the employee will be subject to non-USDOT follow-up tests and follow-up testing plans modeled using HCBOC 053122 ws Pg. 23 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 20 the process described in 49 CFR Part 40. However, all non-USDOT follow-up tests and all paperwork associated with an employee’s return-to-work agreement that was not precipitated by a positive test result (or refusal to test) does not constitute a violation of the Federal regulations will be conducted under County authority and will be performed using non-DOT testing forms. Q. RESULT OF DRUG/ALCOHOL TEST 1) Any covered employee that has a verified positive drug or alcohol test, or test refusal, will be removed from his/her safety-sensitive position, informed of educational and rehabilitation programs available, and will be provided with a list of at least two (2) USDOT qualified Substance Abuse Professional (SAP) for assessment, and will be terminated. 2) Following a negative dilute the employee will be required to undergo another test. Should this second test result in a negative dilute result, the test will be considered a negative and no additional testing will be required unless directed to do so by the MRO. 3) Refusal to submit to a drug/alcohol test shall be considered equivalent to a positive test result and a direct act of insubordination and shall result in termination and referral to a list of USDOT qualified SAPs. A test refusal is defined as any of the following circumstances: a. Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer. b. Fail to remain at the testing site until the testing process is complete. An employee who leaves the testing site before the testing process commences for a pre-employment test has not refused to test. c. Fail to attempt to provide a breath or urine specimen. An employee who does not provide a urine or breath specimen because he or she has left the testing site before the testing process commenced for a pre-employment test has not refused to test. d. In the case of a directly-observed or monitored urine drug collection, fail to permit monitoring or observation of your provision of a specimen. e. Fail to provide a sufficient quantity of urine or breath without a valid medical explanation. f. Fail or decline to take a second test as directed by the collector or the employer for drug testing. g. Fail to undergo a medical evaluation as required by the MRO or the employer's Designated Employer Representative (DER). h. Fail to cooperate with any part of the testing process. HCBOC 053122 ws Pg. 24 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 21 i. Fail to follow an observer's instructions to raise and lower clothing and turn around during a directly-observed test. j. Possess or wear a prosthetic or other device used to tamper with the collection process. k. Admit to the adulteration or substitution of a specimen to the collector or MRO. l. Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF). m. Fail to remain readily available following an accident. n. As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test. 4) An alcohol test result of ≥0.02 to ≤ 0.039 BAC shall result in the removal of the employee from duty for eight hours or the remainder or the work day whichever is longer. The employee will not be allowed to return to safety- sensitive duty for his/her next shift until he/she submits to a NONDOT alcohol test with a result of less than 0.02 BAC. 5) In the instance of a self-referral or a management referral, disciplinary action against the employee shall include: a. Mandatory referral for an assessment by an employer approved counseling professional for assessment, formulation of a treatment plan, and execution of a return-to-work agreement; b. Failure to execute, or remain compliant with the return-to-work agreement shall result in termination from HARTS employment. i. Compliance with the return-to-work agreement means that the employee has submitted to a drug/alcohol test immediately prior to returning to work; the result of that test is negative; the employee is cooperating with his/her recommended treatment program; and, the employee has agreed to periodic unannounced follow-up testing as described in Section P of this policy; however, all follow-up testing performed as part of a return-to-work agreement required under section Q of this policy is under the sole authority of HARTS and will be performed using non-DOT testing forms. c. Refusal to submit to a periodic unannounced follow-up drug/alcohol test shall be considered a direct act of insubordination and shall result in termination. All tests conducted as part of the return- to-work agreement will be conducted under County authority and will be performed using non-DOT testing forms. d. A self-referral or management referral to the employer's counseling professional that was not precipitated by a positive HCBOC 053122 ws Pg. 25 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 22 test result does not constitute a violation of the Federal regulations and will not be considered as a positive test result in relation to the progressive discipline defined in Section Q of this policy. e. Periodic unannounced follow-up drug/alcohol testing conducted as a result of a self-referral or management referral which results in a verified positive shall be considered a positive test result in relation to the progressive discipline defined in Section Q of this policy. f. A Voluntary Referral does not shield an employee from disciplinary action or guarantee employment with HARTS. g. A Voluntary Referral does not shield an employee from the requirement to comply with drug and alcohol testing. 6) Failure of an employee to report within five days a criminal drug statute conviction for a violation occurring in the workplace shall result in termination. R. GRIEVANCE AND APPEAL The consequences specified by 49 CFR Part 40.149 (c) for a positive test or test refusal is not subject to arbitration. S. PROPER APPLICATION OF THE POLICY HARTS is dedicated to assuring fair and equal application of this substance abuse policy. Therefore, supervisors/managers are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor/manager who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy in regard to subordinates, shall be subject to disciplinary action, up to and including termination. T. INFORMATION DISCLOSURE 1) Drug/alcohol testing records shall be maintained by the County’s Risk Management and Safety Coordinator r and, except as provided below or by law, the results of any drug/alcohol test shall not be disclosed without express written consent of the tested employee. 2) The employee, upon written request, is entitled to obtain copies of any records pertaining to their use of prohibited drugs or misuse of alcohol including any drug or alcohol testing records. Covered employees have the right to gain access to any pertinent records such as equipment HCBOC 053122 ws Pg. 26 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 23 calibration records, and records of laboratory certifications. Employees may not have access to SAP follow-up testing plans. 3) Records of a verified positive drug/alcohol test result shall be released to the Risk Management and Safety Coordinator, and other transit system management personnel on a need-to-know basis. 4) Records will be released to a subsequent employer only upon receipt of a written request from the employee. 5) Records of an employee's drug/alcohol tests shall be released to the adjudicator in a grievance, lawsuit, or other proceeding initiated by or on behalf of the tested individual arising from the results of the drug/alcohol test. The records will be released to the decision maker in the proceeding. 6) Records will be released to the National Transportation Safety Board during an accident investigation. 7) Information will be released in a criminal or civil action resulting from an employee’s performance of safety-sensitive duties, in which a court of competent jurisdiction determines that the drug or alcohol test information is relevant to the case and issues an order to the employer to release the information. The employer will release the information to the decision maker in the proceeding with a binding stipulation that it will only be released to parties of the proceeding. 8) Records will be released to the DOT or any DOT agency with regulatory authority over the HARTS or any of its employees. 9) Records will be released if requested by a Federal, state or local safety agency with regulatory authority over HARTS or the employee. 10) If a party seeks a court order to release a specimen or part of a specimen contrary to any provision of Part 40 as amended, necessary legal steps to contest the issuance of the order will be taken 11) In cases of a contractor or sub-recipient of a state department of transportation, records will be released when requested by such agencies that must certify compliance with the regulation to the FTA. HCBOC 053122 ws Pg. 27 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 24 This Policy was adopted by the Harnett County Board of Commissioners on June 6, 2022. __________________________________ Lewis W. Weatherspoon, Chairman Harnett County Board of Commissioners ATTEST: _________________________________ Melissa D. Capps, Clerk to the Board HCBOC 053122 ws Pg. 28 Drug and Alcohol Testing Policy (Zero Tolerance – v.0421) Page 25 Attachment A: Contacts Any questions regarding this policy or any other aspect of the substance abuse policy should be directed to the following individual(s). Human Resources & Risk Management Name: Angela McLamb Title: Risk Management & Safety Coordinator Address: 455 McKinney Parkway Telephone Number: 910-814-6402 HCBOC 053122 ws Pg. 29 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J.ERIC BOYETTE GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION SIX / DISTRICT TWO POST OFFICE BOX 1150 FAYETTEVILLE, NC 28302 Telephone: (910) 364-0601 Fax: (910) 437-2529 Customer Service: 1-877-368-4968 Website: www.ncdot.gov Location: 600 SOUTHERN AVENUE FAYETTEVILLE, NC 28306 May 19, 2022 Mrs. Gina Wheeler Clerk Harnett County Board of Commissioners Post Office Box 759 Lillington, North Carolina 27546 Subject: Secondary Road Addition To Whom It May Concern: This is in reference to a petition submitted to this office requesting street(s) in Harnett County be placed on the State’s Secondary Road System. Please be advised that these street(s) have been investigated and our findings are that the below listed street(s) are eligible for addition to the State System. Buffalo Lakes Business Park •Amarillo Lane It is our recommendation that the above-named street(s) be placed on the State’s Secondary Road System. If you and your Board concur in our recommendation, please submit a resolution to this office. Sincerely, Christopher Jones Engineering Technician Item 4 HCBOC 053122 ws Pg. 30 HCBOC 053122 ws Pg. 31 HARNETT COUNTY NORTH CAROLINA RESOLUTION BE IT RESOLVED that Harnett County Board of Commissioners does hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State’s Secondary Road System the below listed streets. Buffalo Lakes Business Park: Amarillo Lane Duly adopted this 6th day of June, 2022. HARNETT COUNTY BOARD OF COMMISSIONERS _______________________________ Lewis W. Weatherspoon, Chairman ATTEST: ____________________________________ Melissa D. Capps, Clerk HCBOC 053122 ws Pg. 32 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J.ERIC BOYETTE GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION SIX / DISTRICT TWO POST OFFICE BOX 1150 FAYETTEVILLE, NC 28302 Telephone: (910) 364-0601 Fax: (910) 437-2529 Customer Service: 1-877-368-4968 Website: www.ncdot.gov Location: 600 SOUTHERN AVENUE FAYETTEVILLE, NC 28306 May 20, 2022 Mrs. Melissa Capps Clerk Harnett County Board of Commissioners Post Office Box 759 Lillington, North Carolina 27546 Subject: Secondary Road Addition To Whom It May Concern: This is in reference to a petition submitted to this office requesting street(s) in Harnett County be placed on the State’s Secondary Road System. Please be advised that these street(s) have been investigated and our findings are that the below listed street(s) are eligible for addition to the State System. Cross Link Place Ph. 3 •Paige Stone Way It is our recommendation that the above-named street(s) be placed on the State’s Secondary Road System. If you and your Board concur in our recommendation, please submit a resolution to this office. Sincerely, Christopher Jones Engineering Technician HCBOC 053122 ws Pg. 33 HCBOC 053122 ws Pg. 34 HARNETT COUNTY NORTH CAROLINA RESOLUTION BE IT RESOLVED that Harnett County Board of Commissioners does hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State’s Secondary Road System the below listed streets. Cross Link Place Ph. 3: Paige Stone Way Duly adopted this 6th day of June, 2022. HARNETT COUNTY BOARD OF COMMISSIONERS _______________________________ Lewis W. Weatherspoon, Chairman ATTEST: ____________________________________ Melissa D. Capps, Clerk HCBOC 053122 ws Pg. 35 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J. ERIC BOYETTE GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION SIX / DISTRICT TWO POST OFFICE BOX 1150 FAYETTEVILLE, NC 28302 Telephone: (910) 364-0601 Fax: (910) 437-2529 Customer Service: 1-877-368-4968 Website: www.ncdot.gov Location: 600 SOUTHERN AVENUE FAYETTEVILLE, NC 28306 May 20, 2022 Mrs. Melissa Capps Clerk Harnett County Board of Commissioners Post Office Box 759 Lillington, North Carolina 27546 Subject: Secondary Road Addition To Whom It May Concern: This is in reference to a petition submitted to this office requesting street(s) in Harnett County be placed on the State’s Secondary Road System. Please be advised that these street(s) have been investigated and our findings are that the below listed street(s) are eligible for addition to the State System. Hidden Lakes • Tupelo Road • Raintree Lane It is our recommendation that the above-named street(s) be placed on the State’s Secondary Road System. If you and your Board concur in our recommendation, please submit a resolution to this office. Sincerely, Christopher Jones Engineering Technician HCBOC 053122 ws Pg. 36 HCBOC 053122 ws Pg. 37 HARNETT COUNTY NORTH CAROLINA RESOLUTION BE IT RESOLVED that Harnett County Board of Commissioners does hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State’s Secondary Road System the below listed streets. Hidden Lakes: Tupelo Road Raintree Lane Duly adopted this 6th day of June, 2022. HARNETT COUNTY BOARD OF COMMISSIONERS _______________________________ Lewis W. Weatherspoon, Chairman ATTEST: ____________________________________ Melissa D. Capps, Clerk HCBOC 053122 ws Pg. 38 HARNETT COUNTY EMERGENCY SERVICES Emergency Medical Services Franchise Application February 2022 Emergency Medical Services Franchise Application Checklist Item 5 HCBOC 053122 ws Pg. 39 Application submitted with the following: Name and address of provider and owner Resume of EMS training and experience of the applicant Full description of type and level of service to be provided Schedule of rates provided List of radio frequencies and copy of FCC licenses Is there at least one open telephone line to the base of operations, and is it registered with the communications center? [ ] yes [ ] no A description of applicant’s ability to provide 24 hour coverage, 7 days per week Valid permit for each ambulance Valid certificates for agency personnel (as issued by OEMS) Does provider show evidence of the proper insurance coverage for vehicles? [ ] yes [ ] no Errors and Omissions? [ ] yes [ ] no Has the provider receiving county revenues provided adequate and complete information for audit purposes? [ ] yes [ ] no Has the applicant shown a reasonable effort to meet state standards and standards outlined in the Franchise Ordinance? [ ] yes [ ] no Will the proposed service fit within the existing service? [ ] yes [ ] no Is there a need for the proposed service? [ ] yes [ ] no HCBOC 053122 ws Pg. 40 APPLICATION For EMERGENCY MEDICAL SERVICES FRANCHISE HARNETT COUNTY, N.C. Date of Application: _________________________ I. APPLICANT: A. Applicant/ Owner Information: Name of Applicant: ___________________________________________ Address/ Street: ______________________________________________ City/ State: ________________________, _______ Zip_______________ Telephone No. (at Base of Operations): ___________________________ Name of Owner: _____________________________________________ Address/ Street: ______________________________________________ City/ State: ________________________, _______ Zip_______________ Telephone No. (at Base of Operations): ___________________________ B. Category of Franchise Applied for (A separate application must be completed For each category of service applied for): BASIC LIFE SUPPORT: [ ] Non –Emergency Transport [ ] EMT (Basic) [ ] Medical Responder [ ] First Responder ADVANCED LIFE SUPPORT: [ ] EMT-I [ ] EMT-P RESCUE SERVICES: [ ] Vehicle Extrication [ ] Light Rescue [ ] Medium Rescue [ ] Heavy Rescue C. Required Attachments: 1. Certified Copy of Articles of Incorporation Charter or Assumed Name Certificate. 2.Resume of training and experience of the applicant in transportation and care of patients. 3.A copy of Organization’s By-Laws (if applicable). HCBOC 053122 ws Pg. 41 II. VEHICLE INFORMATION: A. Listing of vehicles owned and operated by the Applicant (Attach list from OEMS) B. Required Attachments: 1. Copy of Ambulance State Inspection Report for each Certified Vehicle. 2.Copy of current FCC Form 400 in the name of person providing service authorizing the use of communication equipment. 3.Description of each two-way radio including channel capability and MHz Frequencies installed. 4.Copy of current Vehicle Insurance Policy meeting the requirements of the Franchise. III. ORGANIZATION DETAILS: A. Locations from which vehicles intend to operate (Attach list if necessary). BUILDING/ STRUCTURE: PHYSICAL ADDRESS SQUARE FOOTAGE BASE or SATELLITE B. Required Attachments: 1. Brief description of each facility identified in (B) above, including: location, area to be served by the location, accurate estimate of minimum and maximum times to calls within the district to be served, availability of sheltered parking and description of services provided at each location. 2. County map showing location of each facility identified in (A) above and area served. C. How will the public obtain assistance from your organization? D. How will your vehicles be dispatched? E. Describe your capability to provide twenty- four (24) hour coverage, seven HCBOC 053122 ws Pg. 42 days per week for the area to be served (make attachment if necessary). INCLUDE THE FOLLOWING AS ATTACHMENTS TO YOUR APPLICATION: 1. Schedule of proposed fees. 2.Copy of current OEMS permits for each ambulance. 3.Proof of valid personnel certifications as issued by OEMS. 4.Alphabetical roster of personnel with names, addresses, social security number, level of certification, dates of certification and expiration, and position with the organization. Include training completed by each member and verify training meets the requirements of the guidelines. 5.A copy of Liability Insurance Policy covering errors and omissions for provider personnel. 6.Such other information as may prove beneficial to the County in determining the capability of the applicant to provide services in the County of Johnston including: a. District(s) and area(s) of County proposed to be served. b. Estimated annual number of calls for district proposed to be served. c.Proposed date operation to begin. I, the undersigned, certify that the information provided in this application is true and accurate to the best of my knowledge. ______________________________________________ Name and Title (Please Print) ______________________________________________ Signature HCBOC 053122 ws Pg. 43 Harnett County Emergency Services AMBULANCE SERVICE ORDINANCE Origianlly Adopted May 4, 1992 With Amendments through February 2022 OF HARNETT COUNTY, NORTH CAROLINA Adopted May 4, 1992 HARNETT COUNTY BOARD OF COMMISSIONERS Lloyd G. Stewart, Chairman Bill Shaw, Vice Chairman Mack Reid Hudson Beatrice Bailey Hill Walt Titchener Formatted: Indent: Left: 3.04", Right: 1.68", SpaceBefore: 11.25 pt, Line spacing: Multiple 0.83 li HCBOC 053122 ws Pg. 44 TABLE OF CONTENTS Section 1.0 Definitions 3 Section 2.0 Violations 4 5 Section 3.0 Enforcement 5 Section 4.0 Territorial Jurisdiction Section 5.04.0 Franchise - Required 6 Section 6.05.0 Fee . . . . . 7 Section 7.06.0 Same-Application 7 Section 8.07.0 Same-Granting 8 Section 9.08.0 Same-Term Standards for Ambulance Franchise 9 8 Section 10.09.0 Standards for Drivers and AttendantsAmbulance Franchise 109 Section 11.010.0 Standards for Vehicles and EquipmentDrivers and Attendants. 10 Section 12.011.0 Standards for CommunicationsVehicles and Equipment 10 Section 13.0 Insurance12.0 Standards for Communications 10 Section 14.0 Records13.0 Insurance 1110 Section 15.0 Rates and Charges14,0 Records 11 section 15.0 Rates and Charges 11 section 16.0 Inspection of Records Authorized 1112 HCBOC 053122 ws Pg. 45 3 AMBULANCE SERVICES ORDINANCE Section 1.0 Definitions Unless the context otherwise requires, the shall apply in the interpretation and Ordinance: following definitions enforcement of this A. Ambulance: The term "Ambulance" shall mean any publicly or privately owned vehicle that is specially designed, constructed or modified and equipped, and is intended to be used for and is maintained or operated for the transportation upon the streets and highways in this state of persons who are sick, injured, wounded or otherwise incapacitated or helpless. A.B. Ambulance provider: An individual, firm, corporation or association who engages or professes to engage in the business or service of transporting patients in an ambulance. B.C. Ambulance Attendant: The term "Ambulance Attendant" shall mean the individual who is responsible for the operation of an ambulance and rendering assistance to the emergency medical technician during the transportation of a patient. The ambulance attendant shall at least be certified as an ambulance attendant by the state. c. Ambulance Service: The term "Ambulance Service" shall mean a publicly or privately owned enterprise that is engaged in the transportation of patients to emergency and/or non- emergency medical facilities. D. Approved: The term "Approved" shall mean approved by the state medical care commission pursuant to the latter's rules and regulations promulgated under G.S. section 143B-165. Back-up Ambulance Service: The term "Back-up Service" shall mean the system of personnel and meeting the same criteria as ambulance service, normally dispatched at first call response. E. Emergency and emergency transportation service: The term shall mean the use of an ambulance, its equipment and personnel to provide medical care and transportation of a patient who is in need of immediate medical treatment in order to prevent loss of life or further aggravation or physiological or psychological illness or injury. E.F. Emergency medical dispatch: The term shall mean the approved program with procedures established for the management and delivery of emergency medical assistance by a public or private agency that sends emergency medical Ambulance equipment but not F. Board: The term "Board" shall mean the Harnett County Board of Commissioners Formatted: Indent: Left: 0.59", No bullets ornumbering HCBOC 053122 ws Pg. 46 4 G. County: The term "County" shall mean the Board of Commissioners or a designated representative. H. Dispatcher: The term "Dispatcher" shall mean a person who is available at all times to receive requests for emergency services, to dispatch emergency services, and to advise the City Police, County Sheriff and Emergency Medical Facilities of any existing or threatened emergencies. G. Emergency medical technician (EMT): The term shall mean an individual who has completed a training program in emergency medical care at least equal to the national standard training program for emergency medical technicians as defined by the United States Department of Transportation and has been certified as an emergency medical technician by the state office of emergency medical service. HCBOC 053122 ws Pg. 47 5 I. Emergency: The term "Emergency" and "Emergency Transportation Service" shall mean the operation of an ambulance in order to provide medical care and transportation of a patient who is in need of immediate medical treatment in order to prevent loss of life or further aggravation of physiological or psychological illness or injury. J. Emergency Medical Technician (EMT): The term "Emergency Medical Technician" shall mean an individual who has completed the minimum eighty one (81) hour program for emergency medical technician certification, and is so certified by the state. K. First Responder: The term "First Responder" shall mean the first dispatched medical or rescue aid to arrive at the scene and provide emergency medical assistance to stabilize the patient while waiting for further medical aid and/or transport. L. H. Franchise: The term "Franchise" shall mean a permit issued by the County to a person for the operation of an ambulance service. M. I.Franchisee: The term "Franchisee" shall designate the holder of a permit issued by the county for the operation of an ambulance service. J.License: The term "License" shall mean any driver"s license or permit to operate a motor vehicle issued under or granted by the laws of the state. N. K. Medical responder: The term shall means an individual who has completed a training program in emergency medical care and first aid approved by the state department of health and human services and has been certified as a medical responder by the department of health and human services, office of emergency medical services. L.o. Non-emergency Transportation Service: The term "Non- emergency Transportation Service" shall mean the operation of an ambulance for any purpose other than an emergency. P. M.Operator: The term "Operator" shall mean a person in actual physical control of an ambulance which is in motion or which has the engine running. Q. N.Owner: The term "Owner" shall mean any person or entity who owns and operates an ambulance service. R. O.Patient: The term "Patient" shall mean an individual who is sick, injured, wounded or otherwise incapacitated or helpless.such that the need for some medical assistance might be anticipated while being transported to or from a medical facility Formatted: Font: 12.5 pt Formatted: Left, Indent: Left: 0.08", Right: 0.09", Space Before: 6.8 pt, Line spacing: Multiple 0.86 li, Tab stops: 0.6", Left Formatted: Indent: Left: 0.59", No bullets or numbering Formatted: Normal, Indent: Left: 0.08", No bullets ornumbering Formatted: Font: 12.5 pt Formatted: Font: 12.5 pt Formatted: Font: 12.5 pt Formatted: Normal, No bullets or numbering Formatted: Font: 12.5 pt Formatted: Normal, Indent: Left: 0.1", No bullets ornumbering Formatted: Font: 12.5 pt Formatted: Font: 12.5 pt HCBOC 053122 ws Pg. 48 6 s. Person: The term "Person" shall mean any individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose or organization of any kind, including any governmental agency other than the United States. Formatted: Indent: Left: 0.09", Hanging: 0.51", Right: 0.07", Space Before: 11.7 pt, Line spacing: Multiple 0.8 li HCBOC 053122 ws Pg. 49 5 P.T. Rescue: The term "Rescue" shall mean situations where the victim cannot escape an area through the normal exit or under his own power. Q. Responder: The term shall means an organization with personnel trained in emergency medical care that is dispatched to the scene of a medical emergency for the primary purpose of providing emergency medical assistance to a patient until the ambulance and additional medical aid arrives. R. Secondary ambulance provider: The term shall means the system of personnel and equipment meeting the same criteria as a primary ambulance provider, but not normally dispatched on first call response. S. Specialty Care Transport: The interfacility transportation of a critically injured or ill beneficiary by a ground ambulance, including the provision of medically necessary supplies and services, at a level of service beyond the scope of the EMT-Paramedic. T. Telecommunicator: The term shall means a person who is available at all times to receive requests for emergency services, to dispatch emergency services, and to advise local law enforcement agencies, fire departments and emergency medical facilities of any existing or threatened emergency. Section 2.0 Violations A. It shall be a misdemeanor for any person to obtain or receive ambulance service without intending at the time of obtaining or receiving such services to pay, if financially able, the necessary charges. A determination that the recipient of such services has failed to pay for the services rendered for a period of ninety (90) days after request for payment, and that the recipient is financially able to do so, shall raise a presumption that the recipient of the services did not intend to pay for the services at the time they were obtained or received B. Violation of this article or the terms of any franchise granted hereunder shall be a misdemeanor as provided by G.S. section 14-4. Each such violation also shall subject the offender to a civil penalty in the amount of one hundred dollars ($100.00) for each separate breach of the franchise or violation of this article. This civil penalty must be paid within ten (10) days after the hearing on the citation has been held as provided in section 2-7-38(b). If not so paid, such penalty may be recovered by the county as provided by G.S. section 153A-123(c). If the civil penalty is not paid within the ten (10) days as provided for above, the county may Formatted: Indent: First line: 0" HCBOC 053122 ws Pg. 50 6 suspend or revoke the franchise. Section 3.0 Enforcement The county department of emergency services director shall be responsible for: Harnett County Office of Emergency Medical Services shall be the enforcing agency for the regulations contained in this article. Such office will: A. Overseeing of the regulations contained within this chapter.Receive all franchise proposals from potential providers. B. Receiving all franchise proposals from potential providers.Study each proposal for conformance to this article. c. Recommend to franchise(s) proposal(s). the Board of Commissioners the award of the to the applicants submitting the best D. Inspect the premises, vehicles, equipment and personnel of franchisees to assure compliance to this article and perform any other inspections that may be required. E. Recommend the temporary or permanent suspension of a franchise in the event of noncompliance with the franchise terms of this article; recommend the imposition of misdemeanor or civil penalties as provided therein. D. Reviewing each proposal for conformance to this chapter E. Recommending to the board of commissioners the approval or disapproval of the franchise of the applicant submitting the proposal. F. Ensuring by cooperative agreement with other ambulance services the continued service in a district where an ambulance service franchise has been suspended, and maintaining all records required by this chapter and other applicable county regulations. G. It shall be the responsibility of the ambulance provider to ensure that the ambulance operation complies with the provisions of this chapter and all rules adopted for this chapter. Upon the violation of any part of this chapter or any rule adopted under authority of this chapter, the county shall have the power to revoke or suspend the franchise of the violator. The operation of an ambulance without a valid franchise or after a franchise has been suspended or revoked or without an emergency medical technician and/or medical responder aboard as required by G.S. Formatted: Indent: Left: 0.6", No bullets or numbering Formatted: Left, Right: 0.08", Tab stops: 0.6", Left Formatted: Left, Right: 0.08", Tab stops: 0.6", Left HCBOC 053122 ws Pg. 51 7 131E-158, shall constitute a misdemeanor punishable by a fine or imprisonment or both in the discretion of the court. HCBOC 053122 ws Pg. 52 8 F. Ensure by cooperative agreement with other ambulance services the continued service in a district where an ambulance service franchise has been suspended. G. Receive monthly reports from ambulance consolidate the same into a quarterly summary the Board. services and for review by H. Receive complaints from the public, other enforcing agencies and ambulance services regarding franchise infractions; review the complaint with the council; obtain corrective action with the approval of the Board. I. Recommend improvements to the county which will ensure better medical transportation. J. Maintain all records required by this article and other applicable county regulations. K.D. Perform such of the above functions as may be required by any municipality within the county. Section 4.0: Territorial jurisdiction. The provisions of this article shall apply to all unincorporated areas within the geographic confines of the county and to such incorporated areas as may by resolution permit this article to be applicable within such incorporated areas. Section 5.04.0 Franchise - Required A. No person, either as owner, agent or otherwise, shall furnish, operate, conduct, maintain, advertise or otherwise be engaged in or profess to be engaged in the business or service of emergency and/or non-emergency transportation of patients within the county unless the person holds a valid permit for each ambulance used in such business or service issued by the office of emergency medical services of the state department of human resources and has been granted a franchise for the operation of such business or service by the county pursuant to this article. All ambulance and rescue units currently operating will have six (6) months to comply with this Ordinance and apply for a franchise. If existing Ambulance and Rescue Units fail to comply they will be required to cease operation. B. ) No person may furnish, operate, conduct, maintain, advertise or otherwise engage in or profess to be engaged in the provision of non-emergency ambulance services, Formatted: Font: 12 pt Formatted: Normal, No bullets or numbering Formatted: Font: 4.5 pt Formatted: List Paragraph, Indent: Left: 0.07",Hanging: 0.5", Right: 0.11", Space Before: 6 pt, Linespacing: Multiple 0.9 li, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 4 + Alignment: Left + Aligned at: 0.08" + Indent at: 0.6", Tab stops: Formatted: Font: 12 pt Formatted: Normal, No bullets or numbering Formatted: Condensed by 0.25 pt Formatted: Body Text, Right: 0", Space Before: 0.05 pt, Line spacing: single, No bullets or numbering, Tab stops: Not at 0.58" Formatted: Font: 12 pt Formatted: Right: 0.1", Space Before: 6 pt, Linespacing: Multiple 0.9 li Formatted: Indent: Left: 0.07", Hanging: 0.5", Right: 0.11", Space Before: 11 pt Formatted: Font: 12 pt HCBOC 053122 ws Pg. 53 9 convalescent ambulance service, or specialty care transport service within the geographic boundaries of Harnett County unless the person has been either granted a franchise to do so by the Board pursuant to this chapter or exempted from a franchise pursuant to this chapter. B.C. No person shall drive, attend or permit a vehicle to be operated for ambulance purposes within the county unless he holds a currently valid certificate as an ambulance attendant or emergency medical technician issued by the state. c. No franchise shall be required for: l. (1) Any entity operated from a location or headquarters outside of the county in order to transport patients who are picked up beyond the limits of the county, to facilities located within the county, or to pick up patients within the county for transporting to locations outside the county; but no such entity shall be used to pick up patients within the county for transporting to locations within the county or other locations unless it is rendering assistance to a franchised ambulance service in the case of a major catastrophe, mutual aid or emergency with which the services franchised by the county are insufficient or unable to cope as referred to in this subsection (c)(1); or (2) An ambulance owned and operated by the state, county or an agency of the United States government. (3) A contract EMS agency as defined in this chapter (4) An entity rendering assistance to the system at the request of the Director during a major emergency or when system resources are insufficient resources to meet the needs of the community for EMS or non-emergency ambulance services. (5) Provision of ambulance transportation by a specialist care transport program operated by a hospital that is physically located within the geographic limits of Harnett County. Any entity rendering assistance to a franchised ambulance service in the case of a major catastrophe or emergency with which the services franchised by the county are insufficient or unable to cope: or Formatted: Indent: Left: 0.57", No bullets ornumbering HCBOC 053122 ws Pg. 54 10 2. Any entity operated from a location or headquarters outside the county in order to transport patients who are picked up beyond the limits of the county, but no such entity shall be used to pick up patients within the county for transporting to locations within the county or other locations unless it is rendering assistance as referred to in (1) above; or 3. Law enforcement personnel; or 4. A non-profit corporation organized under the laws of the State of North Carolina which provides emergency ambulance and rescue service pursuant to or as the result of a valid contract with the County of Harnett. Section 6.05.0 Fee The fee for applying for a franchise shall be in the amount designated by the Harnett County Board of Commissioners. Section 7.06.0 Same-Application for ambulance franchise Application for a franchise to operate ambulances in the county shall be made upon such forms as may be prepared or prescribed by the county and shall contain: A. The name and address of the applicant and of the owner of the ambulance. B. The trade or other fictitious names, if any, under which the applicant does business, along with a certified copy of an assumed name certificate stating such name or articles of incorporation stating such name. c. A resume of the training and experience of the applicant in the transportation and care of patients. D. A full description of the type and level of service to be provided including the location of the place or places from which it is intended to operate, the manner in which the public will be able to obtain assistance and how the vehicles will be dispatched. A financial statement of the applicant as the financial statement pertains to the operations in the county. Such financial statement shall be in such form and in such detail as may be required by the county.A description and copy of state certification for each ambulance owned and operated by the applicant. E. A list of radio frequencies the applicant is authorized to operate on, and a copy of the FCC license in the name of the person providing the service.The location and description of the place or places from which it is intended to operate. F. Audited financial statement of the applicant as the same pertains to the operations in the county, such financial statement to be in such form and in such detail as may be Formatted: Indent: Left: 1.1", No bullets or numbering Formatted: Indent: Left: 1.1", No bullets or numbering Formatted: Indent: Left: 1.09", No bullets ornumbering Formatted: Indent: Left: 0.58", No bullets ornumbering HCBOC 053122 ws Pg. 55 11 required by the county. G.F. A description of the applicant"s capability to provide twenty four {24) hour coverage, seven (7) days per week for the district covered by the franchise applied for, and an accurate estimate of the minimum and maximum times for a response to calls within such district. G. Any information the county shall deem reasonably necessary for a fair determination of the capability of the applicant to provide ambulance services in the county in accordance with the requirements of state laws and the provisions of this chapter. H. The county may establish and from time to time revise a schedule of rates, fees and charges that may be charged by franchised operators. I. The county may establish and from time to time revise a schedule of rates, fees and charges that may be charged for the review of franchise applications. HCBOC 053122 ws Pg. 56 12 H.G. Any information the county shall deem reasonably necessary for a fair determination of the capability of the applicant to provide ambulance service in the county in accordance with the requirements of state laws and the provisions of this article. Section 8.07.0 Same-Granting of Franchise A. Prior to accepting applications from applicants for the operation of an ambulance service, the Board of Commissioners county may designate specific service areas as franchise districts., which Such districts will be established on using criteria that include geographic size, road access, the location of existing medical transportation services, population and response time. The county shall have the authority to redistrict or rearrange existing districts at any time at its discretion. B. An applicant may apply for a franchise to operate either emergency transportation service or non-emergency transportation service. If both types of service are to be provided, separate application must be filed for each type. c. Upon receipt of an application for a franchise, the county shall schedule a time and place for hearing the applicant. Within thirty (30) days after hearing, the county shall cause such investigation as it may deem necessary to be made of the applicant and his proposed operations. D. A franchise may be granted if the county finds that: 1. The applicant shows a reasonable effort to meet state standards and standards outlined in this chapter.The public convenience and necessity require the proposed ambulance service. 2. The proposed service will fit within the existing service so as not to adversely affect the level of service or operations of other franchisees to render service.Each such ambulance of the applicant, his required equipment and the premises designated in the application have been certified by the county and state. 3. A need exists for the proposed service in order to improve the level of services available to residents of the county and a reasonable and cost effective manner of meeting the need.Only duly licensed ambulance attendants and emergency medical technicians are employed in such capacities. Section 9.08.0 Standards of Frame-Term A. The county may issue a franchise hereunder this chapter to anto an owner of an ambulance provider service or other provider as outlined in 7.0,, to be valid for a term to be determined by the county, provided that Either party, at its option, may terminate the franchise upon sixty (60) days prior HCBOC 053122 ws Pg. 57 13 written notice to the other party. After a notice of service termination is given, the ambulance service shall reapply for a franchise if continued service is desired. HCBOC 053122 ws Pg. 58 14 B. Franchised providers receiving revenues from the county through county contract or subsidy, shall provide adequate and complete information annually for audit purposes. Failure to do so will result in termination of subsidy until such information is provided and may at the discretion of the board result in revocation of the franchise agreement. B.C. If any franchisee shall violate or fail to comply with any provision of this article or a franchise issued hereunder, the franchisee shall be cited by the county for violation or failure to comply. The county, after a hearing pursuant to this citation, may impose a civil penalty of one hundred dollars ($100.00) for each separate breach of the franchise as provided in section 7.0 or may suspend or revoke the franchise. If upon such hearing the county shall find that the franchisee has corrected any deficiencies and has brought his operation into compliance with the provisions of this article, the franchise shall not be suspended or revoked, but a civil penalty as provided in section 7.0 may be imposed. C.D. Upon suspension, revocation or termination of a franchise granted hereunder this chapter, such franchised ambulance service immediately shall cease operation. Upon suspension, revocation or termination of a driver's license or attendant's certificate or emergency medical technician certificate, such person shall cease to drive an ambulance or provide medical care in conjunction with an ambulance service, or attend an ambulance. The franchisees shall not or permit such an individual to drive an ambulance or provide medical care in conjunction with the ambulance service, rescue squad or first responder unit. ; and no person shall employ or permit such individual to drive an ambulance or provide medical care in conjunction with an ambulance service. E. franchised Each ambulance service shall comply at all times with the requirements of this chapter, the franchise granted under this chapter, and all applicable state and local laws relating to health, sanitation, safety, equipment, ambulance design and all other laws and ordinances. Prior approval of the county shall be required where ownership or control of more than ten percent of the right of control of franchisees is acquired by a person or group of persons acting in concert, none of whom own or control ten percent or more of such right of control, singularly or collectively, at the date of the franchise. By its acceptance of the franchise, the franchisee specifically agrees that any such acquisition occurring without prior approval of the county shall constitute a violation of the franchise by the franchisee and shall be cause for termination at the option of the county. (f) Any change of ownership of a franchised ambulance service without the approval of the county shall terminate the franchise and shall require a new application and a new franchise and conformance with all the requirements of this chapter. HCBOC 053122 ws Pg. 59 15 (g) Any change in the level of service offered by a franchised ambulance service, rescue/EMS agency or first responder unit without the approval of the county shall terminate the franchise and shall require a new application and a new franchise and conformance with all the requirements of this chapter upon original franchising. (h) No franchise may be sold, assigned, mortgaged, or otherwise transferred without the approval of the county and a finding of conformance with all requirements of this chapter upon original franchising. Each franchised ambulance service, its equipment and the premises designated in the application and all records relating to its maintenance and operation, as such, shall be open to inspection by the state, county, or their designated representatives. Section 10.09.0 Standards for Drivers and Attendants Standards for Ambulance Franchise Standards for drivers and attendants as developed by the state medical care commission as requirements for certification of medical responders and emergency medical technicians pursuant to the General Statutes and rules and regulations promulgated by the board of medical examiners for advanced life support technicians shall be applied and the same are incorporated in this chapter by reference. A. Each franchised ambulance service shall comply at all times with the requirements of this article, the franchise granted hereunder, and all applicable state and local laws relating to health, sanitation, safety, equipment and ambulance design, and all other laws and ordinances. B. Prior approval of the county shall be required where ownership or control of more than ten ( 10) percent of the right of control of a franchisee is acquired by a person or group of persons acting in concert, none of whom own or control ten (10) percent or more of such right of control, singularly or collectively, at the date of the franchise. By its acceptance of the franchise, a franchisee specifically agrees that any such acquisition occurring without prior approval of the county shall constitute a violation of the franchise by the franchisee and shall be cause for termination at the option of the county. C. Any change of ownership of a franchised ambulance service without the approval of the county shall terminate the franchise and shall require a new application and a new franchise and conformance with all the requirements of this article as upon original franchising. D.A. No franchise may be sold, assigned, mortgaged or otherwise transferred without the approval of the county and a finding of conformance with all requirements of this article as upon Formatted: List Paragraph, Indent: Hanging: 0.49",Right: 0.08", Space Before: 0.35 pt, Line spacing: Multiple 0.9 li, Numbered + Level: 1 + Numbering Style:A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.08" + Indent at: 0.58", Tab stops: 0.59", Left Formatted: Font: 12 pt Formatted: Normal, No bullets or numbering Formatted: List Paragraph, Left, Indent: Left: 0.09",Hanging: 0.49", Right: 0.08", Space Before: 0 pt, Linespacing: Multiple 0.89 li, Numbered + Level: 1 +Numbering Style: A, B, C, … + Start at: 1 + Alignment:Left + Aligned at: 0.08" + Indent at: 0.58", Tab stops: 0.58", Left Formatted: Font: 12 pt HCBOC 053122 ws Pg. 60 16 original franchising. Each franchised ambulance service, its equipment and the premises designated in the application and all records relating to its maintenance and operation as such, shall be open to inspection by the state, the county or their designated representatives. E. No official entry made upon a franchise may be defaced, removed or obliterated. Section 10.0 Standards for Drivers and Attendants. Standards for drivers and attendants as developed by the state medical care commission as requirements for certification of ambulance attendants and emergency medical technicians pursuant to G.S. Article 26, Chapter 130 (section 130-233), and Article 56, Chapter 143 (section 143-507 et seq.), shall be applied; and the same are incorporated herein by reference. Section 11.0 Standards for Vehicles and Equipment Vehicle and equipment standards as developed by the state medical care commission pursuant to G.S. Article 26, Chapter 130 (section 130-232), and Article 56, Chapter 143 (section 143-507 et seq.), shall be applied; and the same are incorporated herein by reference. Section 12.0 Standards for Communications A. Each ambulance shall be equipped with an operational two-way radio capable of establishing good quality voice communications from within the geographic confines of the county to each hospital emergency department in the county in which the ambulance is based. Each ambulance vehicle shall be equipped with two-way radio communication capabilities for communications with all hospital emergency departments to which transportation of patients is made on a regular or routine basis anywhere within the state. Each ambulance vehicle shall be equipped with an operational two-way radio capable of establishing good quality voice communications from within the geographic confines of the county in which the ambulance dispatching agency is located. A.B. must be equipped with a two-way VHF radio licensed by the Federal Communications Commission which must be in operative condition at all times. The radios must have two (2) crystals which shall be 155.280 and 155.340 megahertz with four channel capability. C. Each ambulance provider service shall maintainprovide current authorizations the county a copy of the or Federal Communications Commission licenses for all frequencies and radio transmitters operated by that provider. Copies of all authorizations and licenses shall be on display and available for inspection per Federal Communication Commission's rules and regulations. B.D. authorizing the use of the communication equipment owned and Formatted: Indent: Left: 0", First line: 0" Formatted: Body Text, Justified, Indent: Left: 0.58",First line: 0", Right: 0.09", Space Before: 6.15 pt, Linespacing: Multiple 0.89 li, No bullets or numbering, Tabstops: Not at 0.59" Formatted: Indent: Left: 0.08", First line: 0", Right: 0",Space Before: 10.6 pt, Line spacing: Exactly 12.95 pt HCBOC 053122 ws Pg. 61 17 operated by that service. E. Each base of operations must have at least one open telephone line. Telephone numbers must be registered with each law enforcement agency and communications center in the county. ( 1) open telephone line. Telephone numbers must be registered with each law enforcement agency and communications center in the county. Each ambulance shall be dispatched from the county communications center or an acceptable and approved alternative. A. Section 13.0 Insurance No ambulance franchise shall be issued under this article, nor shall such franchise be valid after issuance, nor shall any ambulance be operated in the county unless there is at all times in force and effect either insurance coverage, issued by an insurance company licensed to do business in this state, or a bond with personal or corporate surety, for each ambulance owned and/or operated by or for the ambulance service, providing for the payment of damagesin the following sums: Formatted: Font: 12 pt Formatted: Normal, Indent: Left: 0.06", No bullets ornumbering Formatted: Normal, Indent: Left: 0.06", No bullets ornumbering Formatted: Font: 12 pt HCBOC 053122 ws Pg. 62 18 A. In the minimum sum of $500,000.00 for injury to or death of one individual and a minimum of $1,000,000.00 per accident in accidents resulting from any cause for which the owner of such vehicle would be liable on account of liability imposed on him by law, regardless of whether the ambulance was being driven by the owner or his agencyIn the sum of one million dollars ($1,000,000.00) for injury to or death of individuals in accidents resulting from any cause for which the owner of the vehicle would be liable on account of liability imposed on him by law, regardless of whether the ambulance was being driven by the owner or his agent; and B. In the minimum sum of $100,000.00 for the loss of or damage to the property of another, including personal property, under like circumstances, in sums as may be required by the state or as approved by the county.In the sum of five hundred thousand dollars ($500,000.00) for the loss of or damage to the property of another, including personal property, under like circumstances, in sums as may be required by the state or as approved by the county. B.C. The franchisee shall hold harmless and indemnify the county from and against any and all liabilities, costs, damages, expenses, and attorney's fees resulting from or attributable to any and all acts and omissions of the franchisee. All franchisees shall maintain an errors and omissions policy in an amount not less than $1,000,000.00. To the extent that any such liabilities, costs, damages, expenses, and attorney's fees are compensated for by insurance, the franchisee shall not be required to reimburse the county or the insurer for the same Section 14.0 Records Each franchisee under this chapter shall maintain the following records: A. Completed State Ambulance Call Reports (ACR) Record of dispatch. The record of dispatch shall show time call was received, time ambulance dispatched, time arrived on scene, time arrived at destination, time in service, and time returned to base. A. B. Record of dispatch, which shall show time call was received, time ambulance dispatched, time arrived on scene, time arrived at destination, time in service and time returned to base. Trip record. The trip record shall state all information required in subsection (1) of this section in addition to information on a form approved by the county. The trip record shall be so designed as to provide the patient with a copy thereof containing all required information. A copy of the trip record may serve as a receipt for any charges paid. c. Trip record, which shall state all information required in subsection (A) in addition to patient's address and telephone number, condition of patient, type of medical assistance administered before reaching hospital, total trip miles, schedule of changes, and name of attendant and driver. The trip record shall be so designed as to provide the patient Formatted: Indent: Left: 0.58", No bullets ornumbering HCBOC 053122 ws Pg. 63 19 with a copy thereof containing all required information. A copy of the trip record may serve as a receipt for any charges paid. Driver and attendant checklist and inspection report. The driver and attendant checklist and inspection report shall list contents and description of operations for each vehicle, signed by the individual verifying vehicle operations and equipment. D. Daily report log, which shall be maintained for the purpose of identifying all persons transported in any one day.. Other data. Other data shall be submitted as requested by the county director of emergency services. E. Daily driver and attendant checklist and inspection report. which shall list contents and description of operations for each vehicle, signed by the individual verifying vehicle operations and equipment. F. Data sheet, to be submitted on a monthly basis to the Harnett County Department of Emergency Medical Services. Section 15.0 Rates and Charges A. Each franchisee under this chapter shall submit a schedule of rates to the county for approval and shall not charge more nor less than the approved rates without specific approval by the county. B. No ambulance service shall attempt to collect rates on emergency calls until the patient has reached the point of destination, has received medical attention and is in a condition deemed by the physician fit to consult with the ambulance service; but such service may attempt to collect rates with the family or guardian of the patient once the patient is in the process of receiving medical attention. Formatted: List Paragraph, Indent: Left: 0.09",Hanging: 0.49", Right: 0.1", Space Before: 0 pt, Linespacing: Multiple 0.9 li, Numbered + Level: 1 +Numbering Style: A, B, C, … + Start at: 4 + Alignment:Left + Aligned at: 0.08" + Indent at: 0.59", Tab stops: 0.58", Left + 0.59", Left Formatted: Font: 12 pt Formatted: Normal, No bullets or numbering HCBOC 053122 ws Pg. 64 20 C. On non-emergency calls, or calls where a person requires transportation to a non-emergency facility, attempts to collect payment can be made before the ambulance begins its trip. Section 16.0 Inspection of Records Authorized The county may inspect a franchisee's records, premises and equipment at any time in order to ensure compliance with this article and any franchise granted hereunder. HCBOC 053122 ws Pg. 65 AMBULANCE SERVICE ORDINANCE 1 AMBULANCE SERVICE ORDINANCE Originally Adopted May 4, 1992 With Amendments through February 15, 2022 HCBOC 053122 ws Pg. 66 AMBULANCE SERVICE ORDINANCE 2 TABLE OF CONTENTS Section 1.0 Definitions 3 Section 2.0 Violations 4 Section 3.0 Enforcement 5 Section 4.0 Territorial Jurisdiction 6 Section 5.0 Franchise – Required 6 Section 6.0 Fee 7 Section 7.0 Application 7 Section 8.0 Granting 8 Section 9.0 Standards for Ambulance Franchise 9 Section 10.0 Standards for Drivers and Attendants 10 Section 11.0 Standards for Vehicles and Equipment 10 Section 12.0 Standards for Communications 10 Section 13.0 Insurance 10 Section 14.0 Records 11 Section 15.0 Rates and Charges 11 Section 16.0 Inspection of Records Authorized 11 HCBOC 053122 ws Pg. 67 AMBULANCE SERVICE ORDINANCE 3 Section 1.0 Definitions Unless the context otherwise requires, the following definitions shall apply in the interpretation and enforcement of this Ordinance: A. Ambulance: The term “Ambulance” shall mean any publicly or privately owned vehicle that is specially designed, constructed or modified and equipped, and is intended to be used for and is maintained or operated for the transportation upon the streets and highways in this state of persons who are sick, injured, wounded or otherwise incapacitated or helpless. B. Ambulance provider: An individual, firm, corporation or association who engages or professes to engage in the business or service of transporting patients in an ambulance. C. Ambulance Attendant: The term “Ambulance Attendant” shall mean the individual who is responsible for the operation of an ambulance and rendering assistance to the emergency medical technician during the transportation of a patient. D. Approved: The term shall mean approved by the state medical care commission pursuant to the latter's rules and regulations promulgated under G.S. 143B-165. E. Emergency and emergency transportation service: The term shall mean the use of an ambulance, its equipment and personnel to provide medical care and transportation of a patient who is in need of immediate medical treatment in order to prevent loss of life or further aggravation or physiological or psychological illness or injury. F. Emergency medical dispatch: The term shall mean the approved program with procedures established for the management and delivery of emergency medical assistance by a public or private agency that sends emergency medical HCBOC 053122 ws Pg. 68 AMBULANCE SERVICE ORDINANCE 4 assistance to requesting persons and provides prearrival instructions for a victim of sudden injury or illness G. Emergency medical technician (EMT): The term shall mean an individual who has completed a training program in emergency medical care at least equal to the national standard training program for emergency medical technicians as defined by the United States Department of Transportation and has been certified as an emergency medical technician by the state office of emergency medical service. H. Franchise: The term shall mean a permit issued by the county to a person for the operation of an ambulance service. I. Franchisee: The term shall mean any person having been issued a franchise by the county for the operation of an ambulance service. J. License: The term shall mean any driver's license or permit to operate a motor vehicle issued under or granted by the laws of the state. K. Medical responder: The term shall means an individual who has completed a training program in emergency medical care and first aid approved by the state department of health and human services and has been certified as a medical responder by the department of health and human services, office of emergency medical services. L. Nonemergency transportation services: The term shall means the operation of an ambulance for any purpose other than transporting emergency patients. M. Operator: The term shall means a person in actual physical control of an ambulance which is in motion or which has the engine running. N. Owner: The term shall means any person or entity who owns an ambulance. O. Patient: The term shall means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless such that the need for some medical assistance might be anticipated while being transported to or from a medical facility P. Rescue: The term shall means situations where the victim cannot escape an area through the normal exit or under his own power. Q. Responder: The term shall means an organization with personnel trained in emergency medical care that is dispatched to the scene of a medical emergency HCBOC 053122 ws Pg. 69 AMBULANCE SERVICE ORDINANCE 5 for the primary purpose of providing emergency medical assistance to a patient until the ambulance and additional medical aid arrives. R. Secondary ambulance provider: The term shall means the system of personnel and equipment meeting the same criteria as a primary ambulance provider, but not normally dispatched on first call response. S. Specialty Care Transport: The interfacility transportation of a critically injured or ill beneficiary by a ground ambulance, including the provision of medically necessary supplies and services, at a level of service beyond the scope of the EMT-Paramedic. T. Telecommunicator: The term shall means a person who is available at all times to receive requests for emergency services, to dispatch emergency services, and to advise local law enforcement agencies, fire departments and emergency medical facilities of any existing or threatened emergency. Section 2.0 Violations A. It shall be a misdemeanor for any person to obtain or receive ambulance service without intending at the time of obtaining or receiving such services to pay, if financially able, the necessary charges. A determination that the recipient of such services has failed to pay for the services rendered for a period of ninety (90) days after request for payment, and that the recipient is financially able to do so, shall raise a presumption that the recipient of the services did not intend to pay for services at the time they were obtained or received. B. Violation of this article or the terms of any franchise granted hereunder shall be a misdemeanor as provided by G.S. 14-4. Each such violation also shall be subject the offender to a civil penalty in the amount of one hundred dollars ($100.00) for each separate breach of the franchise or violation of this article. Section 3.0. Enforcement The county department of emergency services director shall be responsible for: A. Overseeing of the regulations contained within this chapter. B. Receiving all franchise proposals from potential providers. D. Reviewing each proposal for conformance to this chapter. HCBOC 053122 ws Pg. 70 AMBULANCE SERVICE ORDINANCE 6 E. Recommending to the board of commissioners the approval or disapproval of the franchise of the applicant submitting the proposal. F. Ensuring by cooperative agreement with other ambulance services the continued service in a district where an ambulance service franchise has been suspended, and maintaining all records required by this chapter and other applicable county regulations. G. It shall be the responsibility of the ambulance provider to ensure that the ambulance operation complies with the provisions of this chapter and all rules adopted for this chapter. Upon the violation of any part of this chapter or any rule adopted under authority of this chapter, the county shall have the power to revoke or suspend the franchise of the violator. The operation of an ambulance without a valid franchise or after a franchise has been suspended or revoked or without an emergency medical technician and/or medical responder aboard as required by G.S. 131E-158, shall constitute a misdemeanor punishable by a fine or imprisonment or both in the discretion of the court. Section 4.0: Territorial jurisdiction. The provisions of this article shall apply to all unincorporated areas within the geographic confines of the county and to such incorporated areas as may by resolution permit this article to be applicable within such incorporated areas. Section 5.0 Franchise required (a) No person, either as owner, agent or otherwise, shall furnish, operate, conduct, maintain, advertise, or otherwise be engaged in or profess to be engaged in the business or service of emergency and/or nonemergency transportation of patients within the county unless the person holds a valid permit for each ambulance used in such business or service issued by the state department of health and human services, office of emergency medical services, and has been granted a franchise for the operation of such business or service by the county pursuant to this chapter. (b) No person may furnish, operate, conduct, maintain, advertise or otherwise engage in or profess to be engaged in the provision of non-emergency ambulance services, convalescent ambulance service, or specialty care transport service within the geographic boundaries of Harnett County unless the person has been either granted a franchise to do so by the Board pursuant to this chapter or exempted from a franchise pursuant to this chapter. HCBOC 053122 ws Pg. 71 AMBULANCE SERVICE ORDINANCE 7 (c) No franchise shall be required for: (1) Any entity operated from a location or headquarters outside of the county in order to transport patients who are picked up beyond the limits of the county, to facilities located within the county, or to pick up patients within the county for transporting to locations outside the county; but no such entity shall be used to pick up patients within the county for transporting to locations within the county or other locations unless it is rendering assistance to a franchised ambulance service in the case of a major catastrophe, mutual aid or emergency with which the services franchised by the county are insufficient or unable to cope as referred to in this subsection (c)(1); or (2) An ambulance owned and operated by the state, county or an agency of the United States government. (3) A contract EMS agency as defined in this chapter (4) An entity rendering assistance to the system at the request of the Director during a major emergency or when system resources are insufficient resources to meet the needs of the community for EMS or non-emergency ambulance services. (5) Provision of ambulance transportation by a specialist care transport program operated by a hospital that is physically located within the geographic limits of Harnett County. Section 6.0 Fee The fee for applying for a franchise shall be in the amount designated by the Harnett County Board of Commissioners. Section 7.0 Application for ambulance franchise. Application for a franchise to operate ambulances in the county shall be made by the ambulance provider upon such forms as may be prepared or prescribed by the county and shall contain: (1) The name and address of the ambulance provider and of the owner of the ambulance. HCBOC 053122 ws Pg. 72 AMBULANCE SERVICE ORDINANCE 8 (2) The trade or other fictitious names, if any, under which the applicant does business, along with a certified copy of an assumed name certificate stating such name or articles of incorporation stating such name. (3) A resume of the training and experience of the applicant in the transportation and care of patients. (4) A full description of the type and level of service to be provided including the location of the place or places from which it is intended to operate, the manner in which the public will be able to obtain assistance and how the vehicles will be dispatched. A financial statement of the applicant as the financial statement pertains to the operations in the county. Such financial statement shall be in such form and in such detail as may be required by the county. (5) A list of radio frequencies the applicant is authorized to operate on, and a copy of the FCC license in the name of the person providing the service. (6) A description of the applicant's capability to provide 24-hour coverage, seven days per week for the district covered by the franchise applied for, and an accurate estimate of the minimum and maximum times for a response to calls within such district. (7) Any information the county shall deem reasonably necessary for a fair determination of the capability of the applicant to provide ambulance services in the county in accordance with the requirements of state laws and the provisions of this chapter. (8) The county may establish and from time to time revise a schedule of rates, fees and charges that may be charged by franchised operators. (9) The county may establish and from time to time revise a schedule of rates, fees and charges that may be charged for the review of franchise applications. Section 8.0 Granting of franchise. (a) Prior to accepting applications for the operation of an ambulance service, the board of commissioners may designate specific service areas as franchise districts. Such districts will be established using criteria that includes geographic size, road access, and the location of existing medical transportation services, population, and response time. The county shall have the authority to redistrict or rearrange existing districts at any time at their discretion. (b) An applicant may apply for a franchise to operate nonemergency transportation services. HCBOC 053122 ws Pg. 73 AMBULANCE SERVICE ORDINANCE 9 (c) Upon receipt of an application for a franchise, the county shall schedule a time and place for hearing the applicant. Within 30 days after the hearing, the county shall cause such investigation as it may deem necessary to be made of the applicant and his proposed operations. (d) A franchise may be granted if the county finds that: (1) The applicant shows a reasonable effort to meet state standards and standards outlined in this chapter. (2) The proposed service will fit within the existing service so as not to adversely affect the level of service or operations of other franchisees to render service. (3) A need exists for the proposed service in order to improve the level of services available to residents of the county and a reasonable and cost effective manner of meeting the need. Section 9.0 Standards of Franchise (a) The county may issue a franchise under this chapter to an ambulance provider or other provider as outlined in section 7.0, to be valid for a term to be determined by the county provided that either party at its option, may terminate the franchise upon 60 days' prior written notice to the other party. After a notice of service termination is given, the provider may reapply for a franchise if continued service is desired. (b) Franchised providers receiving revenues from the county through county contract or subsidy, shall provide adequate and complete information annually for audit purposes. Failure to do so will result in termination of subsidy until such information is provided and may at the discretion of the board result in revocation of the franchise agreement. (c) Upon suspension, revocation, or termination of a franchise granted under this chapter, such franchised ambulance service immediately shall cease operations. Upon suspension, revocation, or termination of a driver's license or attendant's certificate or emergency medical technician certificate, such persons shall cease to drive an ambulance or provide medical care in conjunction with an ambulance service, or attend an ambulance. The franchisees shall not or permit such an individual to drive an ambulance or provide medical care in conjunction with the ambulance service, rescue squad or first responder unit. (d) franchised Each ambulance service shall comply at all times with the requirements of this chapter, the franchise granted under this chapter, and all applicable HCBOC 053122 ws Pg. 74 AMBULANCE SERVICE ORDINANCE 10 state and local laws relating to health, sanitation, safety, equipment, ambulance design and all other laws and ordinances. (e) Prior approval of the county shall be required where ownership or control of more than ten percent of the right of control of franchisees is acquired by a person or group of persons acting in concert, none of whom own or control ten percent or more of such right of control, singularly or collectively, at the date of the franchise. By its acceptance of the franchise, the franchisee specifically agrees that any such acquisition occurring without prior approval of the county shall constitute a violation of the franchise by the franchisee and shall be cause for termination at the option of the county. (f) Any change of ownership of a franchised ambulance service without the approval of the county shall terminate the franchise and shall require a new application and a new franchise and conformance with all the requirements of this chapter. (g) Any change in the level of service offered by a franchised ambulance service, rescue/EMS agency or first responder unit without the approval of the county shall terminate the franchise and shall require a new application and a new franchise and conformance with all the requirements of this chapter upon original franchising. (h) No franchise may be sold, assigned, mortgaged, or otherwise transferred without the approval of the county and a finding of conformance with all requirements of this chapter upon original franchising. Each franchised ambulance service, its equipment and the premises designated in the application and all records relating to its maintenance and operation, as such, shall be open to inspection by the state, county, or their designated representatives. Section 10.0 Standards for drivers and attendants. Standards for drivers and attendants as developed by the state medical care commission as requirements for certification of medical responders and emergency medical technicians pursuant to the General Statutes and rules and regulations promulgated by the board of medical examiners for advanced life support technicians shall be applied and the same are incorporated in this chapter by reference. Section 11.0. - Standards for vehicles and equipment. Vehicle and equipment standards, as developed by the state medical care commission pursuant to the General Statutes Article 26, Chapter 130 (section 130-132) and article 56, chapter 143 (section 143-507 et seq), shall be applied and the same are incorporated in this chapter by reference. HCBOC 053122 ws Pg. 75 AMBULANCE SERVICE ORDINANCE 11 Sec. 12.0 Standards for communications. (a) Each ambulance vehicle shall be equipped with an operational two-way radio capable of establishing good quality voice communications from within the geographic confines of the county to each hospital emergency department in the county in which the ambulance is based. Each ambulance vehicle shall be equipped with two-way radio communication capabilities for communications with all hospital emergency departments to which transportation of patients is made on a regular or routine basis anywhere within the state. Each ambulance vehicle shall be equipped with an operational two-way radio capable of establishing good quality voice communications from within the geographic confines of the county in which the ambulance dispatching agency is located. (b) Each ambulance provider shall maintain current authorizations or Federal Communication Commission licenses for all frequencies and radio transmitters operated by that provider. Copies of all authorizations and licenses shall be on display and available for inspection per Federal Communication Commission's rules and regulations. (c) Each base of operations must have at least one open telephone line. Telephone numbers must be registered with each law enforcement agency and communications center in the county. (d) Each ambulance shall be dispatched from the county communications center or an acceptable and approved alternative. Section 13.0 Insurance. (a) No ambulance franchise shall be issued under this chapter, nor shall such franchise be valid after issuance, nor shall any ambulance be operated in the county unless the franchisee has at all times in force and effect either insurance coverage, issued by an insurance company licensed to do business in the state, or a bond with personal corporate surety for each and every ambulance owned and/or operated by or for the ambulance service providing for the payment of damages in the following sums: (1) In the minimum sum of $500,000.00 for injury to or death of one individual and a minimum of $1,000,000.00 per accident in accidents resulting from any cause for which the owner of such vehicle would be liable on account of liability imposed on him by law, regardless of whether the ambulance was being driven by the owner or his agency HCBOC 053122 ws Pg. 76 AMBULANCE SERVICE ORDINANCE 12 (2) In the minimum sum of $100,000.00 for the loss of or damage to the property of another, including personal property, under like circumstances, in sums as may be required by the state or as approved by the county. (b) The franchisee shall hold harmless and indemnify the county from and against any and all liabilities, costs, damages, expenses, and attorney's fees resulting from or attributable to any and all acts and omissions of the franchisee. All franchisees shall maintain an errors and omissions policy in an amount not less than $1,000,000.00. To the extent that any such liabilities, costs, damages, expenses, and attorney's fees are compensated for by insurance, the franchisee shall not be required to reimburse the county or the insurer for the same. Section 14 Records Each franchisee under this chapter shall maintain the following records: (1) Record of dispatch. The record of dispatch shall show time call was received, time ambulance dispatched, time arrived on scene, time arrived at destination, time in service, and time returned to base. (2) Trip record. The trip record shall state all information required in subsection (1) of this section in addition to information on a form approved by the county. The trip record shall be so designed as to provide the patient with a copy thereof containing all required information. A copy of the trip record may serve as a receipt for any charges paid. (3) Driver and attendant checklist and inspection report. The driver and attendant checklist and inspection report shall list contents and description of operations for each vehicle, signed by the individual verifying vehicle operations and equipment. (4) Other data. Other data shall be submitted as requested by the county director of emergency services. Section 15 Rates and charges. (a) Each franchisee under this chapter shall submit a schedule of rates to the county for approval and shall not charge more nor less than the approved rates without specific approval by the county. (b) No ambulance service shall attempt to collect rates on emergency calls until the patient has reached the point of destination, has received medical attention and is in a condition deemed by the physician fit to consult with the ambulance service, but such HCBOC 053122 ws Pg. 77 AMBULANCE SERVICE ORDINANCE 13 services may attempt to collect rates with family or guardian of the patient once the patient is in the process of receiving medical attention. (c) On nonemergency calls or calls where a person requires transportation to a nonemergency facility, attempts to collect payment may be made before the ambulance begins its trip. Section 16 Inspection of Records The County may inspect a franchisee’s records, payments, and equipment at any time in order to ensure compliance with this article and any franchise granted hereunder. Duly adopted on this day of ___________________ HARNETT COUNTY BOARD OF COMMISSIONERS ________________________________________ Lewis Weatherspoon, Chairman HCBOC 053122 ws Pg. 78 S:\Clerk to the Board docs\AGENDAS\2022\053122 ws\6.1 agendaform Dunn Inspections.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: June 6, 2022 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Extension of Dunn Fire Inspections and Plan Review Temporary Agreement REQUESTED BY: Larry Smith, Emergency Services REQUEST: Harnett County Emergency Services is seeking Board approval to extend the current Dunn Fire Inspections/Plan Review Temporary Agreement. The Harnett County Fire Marshals Office is providing Fire Inspections and Plan Review to the City of Dunn on a reimburseable hourly rate while they seek to hire a new inspector. This temporary agreement will not extend beyond June 30, 2022. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 6 HCBOC 053122 ws Pg. 79 S:\Clerk to the Board docs\AGENDAS\2022\053122 ws\6.1 agendaform Dunn Inspections.docx Page 2 of 2 HCBOC 053122 ws Pg. 80 1 STATE OF NORTH CAROLINA COUNTY OF HARNETT FIRE PREVENTION CODE ENFORCEMENT MUTUAL AID AGREEMENT CITY OF DUNN THIS AGREEMENT, made and entered into this tenth day of May, 2022, by and between the City of Dunn, North Carolina, a municipal corporation organized and existing under the laws of the State of North Carolina (hereinafter, "City'') and the County of Harnett, North Carolina, a body politic and political subdivision of the State of North Carolina (hereinafter, "County"). Witnesseth WHEREAS, City is required to provide fire prevention code enforcement services according to N.C. General Statute § 160D-1104 and the North Carolina State Fire Prevention Code - Section 106; and WHEREAS, City and County desire for County to provide to City the required fire prevention code inspections and services; and WHEREAS, City and County are authorized under N.C. Gen. Stat. § 160D-1107 to enter into mutual aid contracts for the administration and enforcement of State and local laws pertaining to the North Carolina Building Code; and WHEREAS, City and County have reached an agreement for County to provide fire prevention code inspections and services as described herein and the parties desire to set forth the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the public safety and welfare, the mutual benefits, representations, and agreements contained herein and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree, each with the other, as follows: 1. County agrees to provide City the following fire prevention code enforcement services within City's territorial jurisdiction upon written request from City officials: A. Fire prevention code enforcement within day care centers, rest homes, and hospitals, when required by State or County agencies; B. Non-residential and subdivision site plan approval for fire prevention code compliance, upon request from City officials; C. Response to complaints and requests for fire inspections of individual businesses; D. Periodic Fire Prevention Code inspections in existing buildings, structures and premises to which the current North Carolina State Building Code, Fire Prevention, is applicable; E. New construction plan review of fire protection equipment and certification of compliance inspections upon request from the appropriate building official(s) or contractor; and F. Other fire prevention code enforcement inspections and services as may be required by State law. HCBOC 053122 ws Pg. 81 2 2. City agrees that County, by and through the Harnett County Fire Marshal's office, shall have the exclusive right to perform the above enumerated fire prevention code enforcement services for identified occupancies for as long as this Agreement remains in force and effect. City further agrees to fully cooperate with the Harnett County Fire Marshal's office in providing these services. 3. City agrees that County will have and may exercise the same inspection and enforcement powers within City's regulatory and extraterritorial jurisdiction as are applicable within County's jurisdiction. 4. City agrees to communicate all initial inspection and plan review requests via electronic mail to Harnett County Fire Marshal and Chief Deputy Fire Marshal. 5. County agrees to respond to plan review request within seven (7) to ten (10) business days of an appropriate submittal. 6. City agrees to provide written request for initial fire protection inspection(s) monthly, on or before the fifth day of the month. 7. County agrees to document all fire protection inspections and plan reviews in Dunn Emergency Services’ record management system, Emergency Reporting Software. 8. Both parties agree County will complete the code compliance process for all initiated fire protection inspections and plan reviews. 9. This Agreement shall become effective May 10, 2022, subject to the mutual agreement of both parties, and shall continue through June 30, 2022, unless terminated by either party in accordance with Paragraphs 8 and 13 of this Agreement. 10. Compensation for the services provided pursuant to this Agreement for plan review and related inspections shall be $46.20 per hour plus $.57 per mile. Compensation for the services provided pursuant to this Agreement for all other fire protection inspections shall be $34.54 per hour plus $.57 per mile. County shall invoice City each month for said services and each invoice is due and payable to County within thirty (30) days of the date of the invoice. City shall pay an additional charge of one and one-half percent per month (18% annually), not to exceed the maximum rate allowed by law for any payment not received by County more than thirty (30) days from the date of invoice. 11. This Agreement, as written or as may be amended, shall be effective from the date first specified above. 12. The City Attorney shall provide legal support and representation for City for all enforcement actions taken by the Harnett County Fire Marshal's office on behalf of City on issues arising from enforcement actions taken within and on behalf of City's jurisdiction by the Fire Marshal. To the fullest extent allowable by North Carolina law, County shall have no liability regarding such enforcement actions and City shall hold County harmless for any and all claims, liabilities, losses, damages, costs, or expenses of whatever kind arising out of or relating to the provision of services provided by County to City hereunder, except for those acts caused by the negligence of County. To the fullest extent allowable by North Carolina law, County shall hold City harmless for any and all claims, liabilities, losses, damages, costs, or expenses of whatever kind arising out of or relating to the provision of services provided by County to City, except for those acts caused by HCBOC 053122 ws Pg. 82 3 the negligence acts or omissions of City. City and County waive special, incidental, indirect, or consequential damages, including lost profits, good will, revenues or savings, for claims, disputes or other matters in question arising out of or relating to this Agreement. This limitation of liability, covering matters contemplated by and occurring during the term of this Agreement, will survive the expiration or termination of this Agreement. 13. This Agreement may be terminated for any reason by either party upon advanced written notice to the other party, by certified mail at least thirty (30) days prior to the date of desired termination. Notwithstanding the date of desired termination, all fire protection inspections and plan reviews initiated prior to the date of desired termination shall be completed by County, even if completion of said reviews and inspections occur after the date of termination. Termination shall not relieve City of financial obligations incurred prior to termination or relating to the completion of fire protection inspections and plan reviews initiated prior to date of Termination but completed after date of Termination. 14. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either Party. 15. In the event any provision of this Agreement is adjudged to be not enforceable or found invalid, such provision shall be stricken and the remaining provisions shall be valid and enforceable. 16. This Agreement represents the entire agreement between County and City and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may only be amended by written instrument signed by County and City. 17. All notices or other communications which shall be made pursuant hereto shall be in writing and shall be deemed to be given and received (a) when hand delivered to the address stated below, or (b) three (3) days after being mailed to the address stated below, postage prepaid by certified or registered mail of the United States, return receipt requested to the address set forth below: To City: City of Dunn 401 E. Broad St. Dunn, NC 28334 Attn: City Manager To County: Harnett County Fire Marshal PO Box 370 Lillington, NC 27546 With a copy to: Harnett County Legal Services PO Box 238 Lillington, NC 27546 Attn: Senior Staff Attorney Either party to this Agreement may change its designated person or designated address at any time and from time to time by giving notice of such change to the other party in the manner set forth above. HCBOC 053122 ws Pg. 83 4 18. This Agreement shall be governed by the laws of the State of North Carolina, The North Carolina State Courts located in Harnett County, North Carolina shall have jurisdiction to hear any dispute under this Agreement and legal or equitable proceedings by either party must be filed in Harnett County, North Carolina. 19. The relationship of the parties established by this Agreement is solely that of independent contractor, and nothing contained in this contract shall be construed to: (i) give any party the power to direct or control the day-to-day activities of the other; (ii) constitute such parties as partners, joint ventures, co-owners, or otherwise as participants in a joint or common undertaking; (iii) make either party an agent of the other for any purpose whatsoever; or (iv) give either party the authority to act for, bind, or otherwise create or assume any obligation on behalf of the other. IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives or officers have executed this Agreement as to the date and year first above written. CITY OF DUNN By: ______________________________ ___________________, City Manager Attest: _________________________________ (SEAL) _______________________, Clerk COUNTY OF HARNETT By: ______________________________ Brent Trout, County Manager Attest: __________________________________ (SEAL) Melissa Capps, Clerk HCBOC 053122 ws Pg. 84 1 STATE OF NORTH CAROLINA BUILDING INSPECTION SERVICES AGREEMENT COUNTY OF HARNETT This Agreement is made and entered into as of this the 1st day of June 2022 by and between the County of Harnett, a body politic, organized and existing under the laws of the State of North Carolina (hereinafter referred to as “Harnett”) and the City of Dunn, a municipal corporation, organized and existing under the laws of the State of North Carolina (hereinafter referred to as “City”). WITNESSETH: WHEREAS, the Governing Bodies hereby find and declare that interlocal cooperation for building inspection services is a necessity in that such cooperation allows for increased uniformity in the enforcement of the North Carolina State Building Code, development of consistent goals and objectives, more efficient coordination, administration and delivery of inspection services; and that as a result the public health, safety, and welfare will be better served by the implementation of this Agreement. NOW THEREFORE, for and in consideration of sums to be paid as provided herein and the performance of the terms and conditions contained in this Agreement, the sufficiency of which is hereby acknowledged by both parties, said parties hereto agree as follows: Section 1. Purpose. The purpose of this Agreement is to provide cooperation for building inspection services and to provide for the administration necessary to effectuate that endeavor. Section 2. Definitions. The words defined in this section shall have the following meanings when used in this Agreement, unless otherwise defined or explained hereafter: A.“Applicable Codes” means the following portions of the N.C. State Building Code: Building, Accessibility, Plumbing, Mechanical, Electrical, Fuel Gas, Energy, Existing Buildings, and Residential Codes, and the North Carolina Administration and Enforcement Requirements Code. “Applicable Codes” do not include the Fire Prevention Code; local residential housing codes; and/or minimum housing codes; or general periodic inspections for purposes of condemnation of residential and non- residential structures. B.“County” shall mean the County of Harnett. C.“Inspections Department” means Harnett County Inspections Department. The Inspections Department shall employ or contract with building inspectors certified by Item 7 HCBOC 053122 ws Pg. 85 2 the State of North Carolina in the trades of Plumbing, Mechanical, Electrical, and General Building. D. “Building Inspection Services” includes review of building plans, issuing or denying permits, making necessary inspections including issuing or denying certificates of compliance, issuing orders to correct violations, and ensuring that inspection results records are kept, all according to the Applicable Codes and North Carolina General Statutes. E. “North Carolina State Building Code” means the current edition of the North Carolina Building Codes, as adopted by the North Carolina Building Code Council (which includes, by reference, the North Carolina Building, Accessibility, Plumbing, Mechanical, Electrical, Fuel Gas, Energy, Existing Buildings, and Residential Codes, and the North Carolina Administration and Enforcement Requirements Code). F. “City” shall mean the City of Dunn. Section 3. Services Provided by Inspections Department. The Inspections Department shall provide to City, Building Inspection Services for Applicable Codes in the territorial boundaries of the City. The Inspections Department shall provide such management, planning, regulatory, and administrative and support services as are reasonably necessary to provide Building Inspection Services. Section 4. Compensation and Payment. Compensation for Building Inspections Services as provided pursuant to this Agreement shall be Seven Thousand Five Hundred Dollars ($7,500.00) per month, paid by City to County no later than the fifth day of the month in which inspection services are to be provided. All documentation and fees for Building Inspection Services shall be collected by City. Section 5. Legal Representation and Liability. The City Attorney shall provide legal support and representation for City for all enforcement actions taken by the Inspections Department on behalf of City on issues arising from enforcement actions taken within and on behalf of City’s jurisdiction by the Inspections Department. To the fullest extent allowable by North Carolina law, County shall have no liability regarding such enforcement actions and City shall hold County harmless for any and all claims, liabilities, losses, damages, costs, or expenses arising out of, or relating to the provision of services provided by County to City hereunder, except for those acts caused by the sole negligence of County. City and County waive special, incidental, indirect, or consequential damages, including lost profits, good will, revenues or savings, for claims, disputes or other matters in question arising out of or relating to this Agreement. This limitation of liability will survive the expiration or termination of this Agreement. Section 6. Term of Agreement, Amendment and Termination. The term of this Agreement shall commence on June 1, 2022 and shall run month to month. This Agreement may be amended from time to time upon the mutual consent of City and County expressed in writing. Either party may terminate this Agreement for any reason upon thirty (30) days written notice to HCBOC 053122 ws Pg. 86 3 the other party. Termination shall not relieve City of financial obligations incurred prior to termination. Section 7. Documents and Records. City is the owner and custodian of all records pertaining to City inspections. City shall furnish or cause to be furnished to Inspections Department all such reports, data, studies, plans, specifications, documents, or other information deemed necessary by Inspections Department for proper performance of County’s services. County may rely upon the documents so provided in performing the services required under this Agreement; provided however, County assumes no responsibility or liability for their accuracy. Section 8. No Third-Party Beneficiary. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either Party. Section 9. Severance Clause. In the event any provision of this Agreement is adjudged to be not enforceable or found invalid, such provision shall be stricken and the remaining provisions shall be valid and enforceable. Section 10. Entire Agreement. This Agreement represents the entire agreement between County and City and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by written instrument signed by County and City. Section 11. Notices. All notices or other communications which shall be made pursuant hereto shall be in writing and shall be deemed to be given and received (a) when hand delivered to the address stated below, (b) three (3) days after being mailed to the address stated below, postage prepaid by certified or registered mail of the United States, return receipt requested to the address set forth below: TO: City of Dunn 401 E. Broad St. Dunn, NC 28334 Attn: City Manager TO: County of Harnett 420 McKinney Parkway (physical) PO Box 65 (mail) Lillington, North Carolina 27546 Attn: Development Services Director With Copy to: County Staff Attorney 455 McKinney Parkway (physical) PO Box 238 (mailing) Lillington, North Carolina 27546 HCBOC 053122 ws Pg. 87 4 Either party to this Agreement may change its designated person or designated address at any time and from time to time by giving notice of such change to the other party in the manner set forth above. Section 12. Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of North Carolina. The North Carolina State Courts located in Harnett County, North Carolina shall have jurisdiction to hear any dispute under this Agreement and legal or equitable proceedings by either party must be filed in Harnett County, North Carolina. IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives or officers have executed this Agreement as to the date and year first above written. (The remainder of this page left blank intentionally) HCBOC 053122 ws Pg. 88 5 COUNTY OF HARNETT By: _____________________________________________ Lewis W. Weatherspoon, Chairman ATTEST: ______________________________________________ Melissa Capps, Clerk CITY OF DUNN By: _____________________________________________ William P. Elmore, Jr., Mayor ATTEST: ______________________________________________ Tammy Williams, Clerk This instrument has been pre-audited in the manner required by the Local Government Budget & Fiscal Control Act. Jim Roberts, Dunn Finance Director ______________________________ Kimberly Honeycutt, Harnett County CFO HCBOC 053122 ws Pg. 89 6 STATE OF NORTH CAROLINA COUNTY OF HARNETT I, ______________________________, a Notary Public, of the County and State aforesaid, certify that Lewis W. Weatherspoon, who being by me duly sworn, says that he is Chairman of the Board of Commissioners of Harnett County, and that Melissa Capps is Clerk of said Board, that the seal affixed to the foregoing and attested instrument is the seal of Harnett County, North Carolina, and that said instrument was signed by him as Chairman of the Board of Commissioners of said County and by the Clerk of said Board, who affixed the official seal of Harnett County to said instrument; and that the said Lewis W. Weatherspoon, Chairman of the Board of Commissioners, acknowledged said instrument to be the act and deed of Harnett County, North Carolina. Witness my hand and Notarial Seal, this the day of ___________, 2022. Notary Public ____________________________________ Notary Public Printed Name My Commission Expires: HCBOC 053122 ws Pg. 90 7 NORTH CAROLINA COUNTY OF HARNETT I, ___________________________, a Notary Public of the County and State aforesaid, certify William P. Elmore, Jr. personally came before me this day and acknowledged that he is Mayor of the City of Dunn, a municipal corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Mayor, sealed with its corporate seal and attested by Tammy Williams as its City Clerk. Witness my hand and official stamp or seal, this day of ______________, 2019. Notary Public ____________________________________ Notary Public Printed Name My Commission Expires: HCBOC 053122 ws Pg. 91 Item 8 HCBOC 053122 ws Pg. 92 HCBOC 053122 ws Pg. 93 HCBOC 053122 ws Pg. 94 HCBOC 053122 ws Pg. 95 HCBOC 053122 ws Pg. 96 Item 9 HCBOC 053122 ws Pg. 97 PPAB 7527889v1 The Chairman of the Board of Commissioners (the “Board of Commissioners”) for the County of Harnett, North Carolina (the “County”) stated that the Board of Commissioners has been requested by Northwest Harnett Volunteer Fire Department (“NHVFD”) to approve its issuance of “qualified volunteer fire department” obligations under the Internal Revenue Code of 1986, as amended (the “Code”) in order to finance the costs of the purchase of a new fire truck and a new Station #3 to be located at 8300 US 401 N, Fuquay-Varina, North Carolina (collectively, the “Project”). The Chairman then stated that a notice of public hearing by the Board of Commissioners regarding the Project and the proposed issue to finance the Project had been published on the County’s website on May 25, 2022. declared the public hearing open on the Project and the proposed issue to finance the Project. At approximately : .m., the Chairman announced that the Board of Commissioners would hear anyone who wished to be heard on the advisability of the Project and the proposed issue to finance the Project, and that a representative of NHVFD (or other personnel familiar with the Project) was available and prepared to discuss the details concerning the Project. The names and addresses of the persons who were present, summaries of their oral comments and copies of their written comments are set forth as an appendix hereto. After the Board of Commissioners had heard all persons who requested to be heard, the Chairman declared the public hearing closed. then introduced the following resolution, the title of which was read and copies of which had been previously distributed to each Commissioner: RESOLUTION AUTHORIZING AND APPROVING THE ISSUANCE BY NORTHWEST HARNETT VOLUNTEER FIRE DEPARTMENT OF CERTAIN TAX-EXEMPT OBLIGATIONS WHEREAS, Northwest Harnett Volunteer Fire Department (the “NHVFD”) and the County of Harnett, North Carolina (the “County”) have heretofore entered into an agreement on August 1, 2019 whereby NHVFD has agreed to provide the County fire protection services; and WHEREAS, NHVFD wishes to finance the costs of a new fire truck and a new Station #3 to be located at 8300 US 401 N, Fuquay-Varina, North Carolina (collectively, the “Project”) and, if applicable, to pay certain expenses incurred in connection with the delivery of the Agreement (as defined below); and WHEREAS, NHVFD and First Bank intend to enter into an installment financing agreement (the “Agreement”) whereby First Bank will advance to NHVFD funds for the construction of the Project and, if applicable, such related costs; and WHEREAS, the interest component of the repayment obligations under the Agreement are intended to be excludable from the gross income of the recipients thereof; and HCBOC 053122 ws Pg. 98 2 PPAB 7527889v1 WHEREAS, pursuant to the Code, the issuance by a “qualified volunteer fire department” (within the meaning of the Code) of obligations to finance the acquisition, construction, reconstruction, or improvement of a firehouse (including land which is functionally related and subordinate thereto) must be approved, after a public hearing required by Sections 150(e)(3) and 147(f) of the Code (collectively, the “Federal Tax Regulations”, by the governmental unit having jurisdiction over the area in which the Project is located; WHEREAS, the Board of Commissioners, pursuant to public notice duly given, has held such public hearing in accordance with the Federal Tax Regulations regarding the proposed transactions of NHVFD contemplated by this Resolution and has considered the comments of all persons who requested to be heard; and WHEREAS, the NHVFD has requested that the Board of Commissioners approve NHVFD’s proposed issue in order to satisfy the requirements of the Federal Tax Regulations; NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners as follows: 1. The Board of Commissioners has held the public hearing and taken the actions set forth herein in accordance with and in order to satisfy the requirements of the Federal Tax Regulations in connection with the Project. 2. The Board of Commissioners hereby approves the issuance by NHVFD of its “qualified volunteer fire department” obligations in accordance with and in order to satisfy the requirements of the Federal Tax Regulations in a maximum stated principal amount not exceeding $4,300,000 in connection with the Project. 3. The issuance by NHVFD of its “qualified volunteer fire department” obligations does not constitute, directly or indirectly, or contingently obligate or otherwise constitute an obligation of or a charge against the credit of the County in any way. The County has no legal responsibility for the payment of the principal of or interest on the “qualified volunteer fire department” obligations or for any costs incurred by the NHVFD in connection with the Project. 4. The Clerk to the Board of Commissioners is hereby authorized and directed to provide a certified copy of this resolution to NHVFD and First Bank. 5. This resolution takes effect upon its adoption. HCBOC 053122 ws Pg. 99 April 5, 2022 Northwest Harnett VFD, Inc. 6105 Christian Light Rd. Fuquay-Varina, NC 27526 Re: Term Sheet for request for construction loan Thank you for allowing First Bank the opportunity to submit a proposal for a construction loan and permanent of the new Northwest Harnett VFD Station #3 to be located on US 401 N, Fuquay-Varina, NC 27526. The loan amount will be $3,528,409, based on the Project Budget submitted by Bobbitt dated March 29, 2022, and will be secured the land and building to be constructed at US 401 N, Fuquay-Varina, NC. The following terms and conditions for this loan are contingent on final loan approval: I. Borrower: Northwest Harnett Volunteer Fire Department II. Amount: $3,528,409 (loan amount to be based on 100% of construction cost although will not to exceed 85% of the appraised value of the land and building to be constructed) III. Purpose: Construction/Permanent loan for the construction of the new building to be located at US 401 N, Fuquay-Varina, NC 27526 IV. Tax Status: Tax-exempt V. Bank Qualified: Yes VI. Term & Interest Rate: Option 1: 2.60% fixed interest rate for a term of 10 years, payments to be amortized over 30 years Option 2: 2.90% fixed interest rate for a term of 15 years, payments to be amortized over 30 years Term Sheet Rate will end on May 20, 2022 unless accepted or closed. Interest rate shown above will be based on the Tax Exempt Status of Northwest Harnett VFD and will be confirmed by a letter from your auditor confirming the debt will be tax deferred) VII. Repayment: Loan will be set up for a construction phase of 12 months with interest to be paid monthly based on the outstanding principal balance of the loan. Upon completion of the construction phase, the loan will automatically convert to monthly principal and HCBOC 053122 ws Pg. 100 interest payments at the term and rate of the chosen option above. VIII. Prepayment Penalty: No pre-payment fee IX. Loan Fee: 0 X. Security: 1st Deed of Trust on the property and building located at US 401 N, Fuquay-Varina, NC 27526. XI. Financial Statements: Borrower shall furnish audited financial statements annually during the loan, and if requested by First Bank the Borrower shall provide interim financial statements. XI. Closing Costs: Northwest Harnett VFD will cover any counsel fees and the cost of the appraisal. First Bank will cover any attorney review fees. XII. Ongoing Costs: None XIII. Organizational Documents: Copies of Borrower Organizational Documents certified by an authorized officer or representative of the Borrower, the Operating Agreement of the Organization and Certificates of Existences shall be furnished to First Bank prior to the loan closing. XIV. Miscellaneous: First Bank may require additional documentation, opinions of counsel for Borrower, or other documentation as may reasonably be necessary to assure borrowing authority, capacity and good standing of the Borrower. Minutes or letter from Harnett County with the approval for this project, if they were needed for this project Minutes from Board Meeting approving the project and who is authorized to sign the loan documents. First Bank will require the organization to maintain the primary operating account of the fire department during the time the loan is outstanding. XV. Assignment: This proposal is not assignable. This is a proposal and not a commitment. The commitment will be based on the bank’s review of the Northwest Harnett VFD’s current financials and obtaining final approval. Term Sheet Rate will end on May 20, 2022 unless accepted or closed. HCBOC 053122 ws Pg. 101 Thank you, again, for allowing First Bank this opportunity to be of service to you. We sincerely hope that you find these proposed terms and conditions to your satisfaction. If you have any questions, please feel free to contact us. Sincerely, Tommy Phillips Commercial Loan Officer First Bank HCBOC 053122 ws Pg. 102 April 5, 2022 Northwest Harnett VFD, Inc. 6105 Christian Light Rd. Fuquay-Varina, NC 27526 RE: Term Sheet for request to purchase new fire truck Thank you for allowing First Bank the opportunity to submit a proposal for the purchase of the new Fire Truck to be used by the Northwest Harnett VFD Station #3. The loan amount will be $728,587, based on the Change Order submitted by Atlantic Emergency Solutions dated March 22, 2022, and will be secured by the truck and equipment being purchased. The following terms and conditions for this loan are contingent on final loan approval: I. Borrower: Northwest Harnett Volunteer Fire Department II. Amount: $728,587.00 III. Purpose: Purchase Fire Truck to be used by Northwest Harnett VFD IV. Tax Status: Tax-exempt V. Bank Qualified: Yes VI. Term & Interest Rate: Option 1: 2.60% fixed interest rate for a term of 10 years Option 2: 2.90% fixed interest rate for a term of 15 years, Term Sheet Rate will end on May 20, 2022 unless accepted or closed. (Interest rates shown above will be based on the Tax Exempt Status of Northwest Harnett VFD and will be confirmed by a letter from your auditor confirming the debt will be tax deferred. VII. Repayment: Loan will be set up for a term loan with 120 or 180 monthly principal and interest payments, depending on which rate & term option is chosen from above. VIII. Prepayment Penalty: No pre-payment fee IX. Loan Fee: 0 X. Security: 1st lien on the Fire Truck to be purchased. HCBOC 053122 ws Pg. 103 XI. Financial Statements: Borrower shall furnish audited financial statements annually during the loan, and if requested by First Bank the Borrower shall provide interim financial statements. XI. Closing Costs: Northwest Harnett VFD will cover any counsel fees and the cost of the appraisal. First Bank will cover any attorney review fees. XII. Ongoing Costs: None XIII. Organizational Documents: Copies of Borrower Organizational Documents certified by an authorized officer or representative of the Borrower, the Operating Agreement of the Organization and Certificates of Existences shall be furnished to First Bank prior to the loan closing. XIV. Miscellaneous: First Bank may require additional documentation, opinions of counsel for Borrower, or other documentation as may reasonably be necessary to assure borrowing authority, capacity and good standing of the Borrower. Minutes or letter from Harnett County with the approval for this project, if they were needed for this purchase. Minutes from Board Meeting approving the project and who is authorized to sign the loan documents. First Bank will require the organization to maintain the primary operating account of the fire department during the time the loan is outstanding. XV. Assignment: This proposal is not assignable. This is a proposal and not a commitment. The commitment will be based on the bank’s review of the Northwest Harnett VFD’s current financials and obtaining final approval. Term Sheet Rate will end on May 20, 2022 unless accepted or closed. Thank you, again, for allowing First Bank this opportunity to be of service to you. We sincerely hope that you find these proposed terms and conditions to your satisfaction. If you have any questions, please feel free to contact us. Sincerely, Tommy Phillips Commercial Loan Officer First Bank HCBOC 053122 ws Pg. 104 Item 10 HCBOC 053122 ws Pg. 105 HCBOC 053122 ws Pg. 106 HCBOC 053122 ws Pg. 107 HCBOC 053122 ws Pg. 108 HCBOC 053122 ws Pg. 109 HCBOC 053122 ws Pg. 110 HCBOC 053122 ws Pg. 111 HCBOC 053122 ws Pg. 112 HCBOC 053122 ws Pg. 113 HCBOC 053122 ws Pg. 114 HCBOC 053122 ws Pg. 115 HCBOC 053122 ws Pg. 116 HCBOC 053122 ws Pg. 117 HCBOC 053122 ws Pg. 118 HCBOC 053122 ws Pg. 119 HCBOC 053122 ws Pg. 120 HCBOC 053122 ws Pg. 121 HCBOC 053122 ws Pg. 122 HCBOC 053122 ws Pg. 123 HCBOC 053122 ws Pg. 124 HCBOC 053122 ws Pg. 125 HCBOC 053122 ws Pg. 126 HCBOC 053122 ws Pg. 127 HCBOC 053122 ws Pg. 128 HCBOC 053122 ws Pg. 129 HCBOC 053122 ws Pg. 130 HCBOC 053122 ws Pg. 131 HCBOC 053122 ws Pg. 132 Item 11 HCBOC 053122 ws Pg. 133 Item 12 HCBOC 053122 ws Pg. 134 HCBOC 053122 ws Pg. 135 HCBOC 053122 ws Pg. 136 HCBOC 053122 ws Pg. 137 HCBOC 053122 ws Pg. 138 HCBOC 053122 ws Pg. 139 Item 13 HCBOC 053122 ws Pg. 140 HCBOC 053122 ws Pg. 141 HCBOC 053122 ws Pg. 142 HCBOC 053122 ws Pg. 143 HCBOC 053122 ws Pg. 144 HCBOC 053122 ws Pg. 145 HCBOC 053122 ws Pg. 146 HCBOC 053122 ws Pg. 147 HCBOC 053122 ws Pg. 148 HCBOC 053122 ws Pg. 149 HCBOC 053122 ws Pg. 150 Item 14 HCBOC 053122 ws Pg. 151 HCBOC 053122 ws Pg. 152 HCBOC 053122 ws Pg. 153 HCBOC 053122 ws Pg. 154 HCBOC 053122 ws Pg. 155 HCBOC 053122 ws Pg. 156 HCBOC 053122 ws Pg. 157 HCBOC 053122 ws Pg. 158 HCBOC 053122 ws Pg. 159 HCBOC 053122 ws Pg. 160 HCBOC 053122 ws Pg. 161 HCBOC 053122 ws Pg. 162 HCBOC 053122 ws Pg. 163 HCBOC 053122 ws Pg. 164