HomeMy WebLinkAbout080922 ws packetWORK SESSION AGENDA
Date: Tuesday, August 9, 2022
Time: 9:00 a.m.
Location: Commissioners Meeting Room Harnett County Resource Center & Library 455 McKinney Parkway, Lillington
Harnett County Board of Commissioners
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1.Call to order – Chairman Lewis Weatherspoon
2.Pledge of Allegiance and Invocation – Vice Chairman Nicol
3.Shelter Planners of America Presentation; Barry Blevins, General Services Director
4.Discuss a request to increase/establish fees that were approved at the July 21, 2022 Board ofHealth Meeting; John Rouse, Health Director
5.Discuss a request to accept supplemental funding in the amount of $18,043 for the NutritionProgram to provide home delivered meals and congregate meals to older adults; John Rouse,Health Director
6.Discuss a request for approval of $89,568 in American Rescue Plan Act funding to support olderadults during the COVID-19 Pandemic; John Rouse, Health Director
7.Discuss a request to accept Streamflow Rehabilitation Assistance Program funds in the amountof $379,528 from the North Carolina Department of Agriculture and Consumer Services; NaturalResources Director/Conservation Education Coordinator
8.Discuss a request for approval of recommendations of vendors for 3-year service proposals;Kenneth Snipes, Facility Maintenance Manager
9.Development Services briefing on upcoming public hearings:
•Proposed Zoning Change: Case # PLAN2206-0004 Landowner / Applicant: Johnny CarrollContracting Inc. & KMB Building LLC / Mauldin Watkins Surveying; 9.45+/- acres; Pin 0651-73-8410.000; From RA-40 to RA-30 Zoning District; Intersection of SR # 1436 (Matthews Road) & SR# 1435 (Tripp Road); Neill’s Creek Township.
•Proposed Land Use Map Amendment: Case # PLAN2206-0005 Land Owner/ Applicant: LloydEnterprises LP / Tom McKay; PIN #’s 0508-41-7271.000 & 0508-41-0412.000; 214.0 +/- acres.The applicant requests a Land Use Map Amendment from Agricultural and Rural Residential toMedium Density Residential Use; Barbecue Township; NC 27 West.
10.Discuss future development in Wake County Water District; Steve Ward, Harnett Regional WaterDirector
11.Discuss lease agreements for library properties; Christopher Appel, Senior Staff Attorney
12.Public Input on proposed changes to Harnett County Animal Services Ordinance; ChristopherAppel, Senior Staff Attorney **please note public input is limited to 30 minutes (3 minutes per speaker)**
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Harnett County Board of Commissioners
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13.Discuss Southeastern Development Commission; Chairman Weatherspoon and Brent Trout, CountyManager
14.Review applications to serve on Boards and Committees; Melissa Capps; Clerk to the Board
15.County Manager’s Report- Brent Trout, County Manager
•August 15, 2022 Regular Meeting Agenda Review
•Upcoming meetings and invitations
16.Closed Session
17.Adjourn
CONDUCT OF THE AUGUST 9, 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.
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Board Meeting
Agenda Item
MEETING DATE: August 15, 2022
TO: HARNETT COUNTY BOARD OF,COMMISSIONERS
/ REQUESTED BY: JOHN R
'-·'
REQUEST:
Hamett County Health Department requests approval to increase/establish the following fees
that were approved at the July 21, 2022 Board of Health meeting.
CPT CODE
46900 (NEW)
54050(NEW)
82105 (NEW)
DECSRIPTION RECOMMENDED PRICE
9071 O(INCREASE)
Destruction of Lesion-Anus
Chemical Destruction of Growths of Penis
AFP(Alpha-fetoprotein)Test
Proquad
Thank you for your consideration in this matter.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
$170
$105
$39.94
$270
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Item 6
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S:\Clerk to the Board docs\AGENDAS\2022\080922ws\7.1 StRAP Accept Funds.docx Page
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Board Meeting
Agenda Item
MEETING DATE: August 15, 2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Streamflow Rehabilitation Assistance Program
REQUESTED BY: Lynn Lambert
REQUEST:
Soil and Water Conservation is requesting permission to accept Streamflow Rehabilitation
Assistance Program funds in the amount of $379,528 from the North Carolina Department of
Agriculture and Consumer Services. No matching funds are required. These funds will be
used to clear vegetative debris from identified areas within Neills Creek.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 7
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NORTH CAROLINA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Steven W. Troxler, Commissioner
Contract Check Off List for Grantee (Government State Funds)
INSTRUCTIONS: Check the "Yes" boxes in the left column for the document titles that are being returned with the two signed, dated and witnessed copies of the
contract, with signatures in blue ink. Be sure to include all the other documents specified in your contract package. If "No” has been checked off for you, that
document is not required for this grant program or project.
GRANTEE ORGANIZATION NAME: Harnett County
PROJECT TITLE/NAME: Streamflow Rehab Assistance Program
CONTRACT #:
GO Entities Only
Check One Box
Document Title Department Use –
Documents Attached
or On File
Grants and Contracts-
Documents Attached
or On File
Yes No Contractual “Check Off List for Grantee Yes No Yes No
Yes No Contract Cover (To be signed, dated & witnessed) Yes No Yes No
Yes No Attachment A – General Terms and Conditions – Government/University Yes No Yes No
Yes No Attachment B – Scope of Work (includes Timeline and Line Item Budget) Yes No Yes No
Yes No Attachment C – Certifications and Assurances Section Yes No Yes No
Yes No Attachment D – NC OpenBook Supplemental Information Yes No Yes No
Yes No Attachment E – Signature Card Yes No Yes No
Yes X No Attachment F – StreamFlow Assistance 50% Progress Report*** Yes X No Yes No
Yes X No Attachment G – Streamflow Rehabilitation Assistance Program (StRAP) Quarterly Progress Report*** Yes X No Yes No
Yes X No Attachment H- Request for Payment form*** Yes X No Yes No
** NC Substitute W-9 and VEP forms are already on file and won't be required to be collected with contract.
Rev. 6/17, 4/22 ***Attachments F, G and H do NOT need to be returned with the final contract
22-080-4110
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STATE OF NORTH CAROLINA
COUNTY OF WAKE
North Carolina Department of Agriculture and Consumer Services
Division of Soil & Water Conservation
Streamflow Rehabilitation Assistance Program– Government
CONTRACT # 22-080-4110
This Contract is hereby entered into by and between the North Carolina Department of Agriculture and
Consumer Services, Division of Soil & Water (the "Agency") and Harnett County, (“Grantee”), and
referred to collectively as the “Parties.” The Grantee’s federal tax identification number is 56-6000306 and is
physically located in Harnett County and is further located at 455 McKinney Parkway Lillington, NC 27546.
The purpose of this Contract is to assist in protecting and restoring the integrity of drainage
infrastructure through routine maintenance to existing streams and drainage ways. The Grantee’s project title
is Streamflow Rehabilitation Assistance Program. This Contract is funded by State appropriations provided
through Session Law 2021-180, Senate Bill 105 Section 5.9(a)(1). Funds awarded under this Contract must
be used for the purposes for which they are intended and provided in Session Law 2021-180, Senate Bill 180
Section 5.9(k)-(o).
The Grantee’s fiscal year ends _June 30_.
Contract Documents:
This Contract consists of the Grant Contract and its attachments, all of which are identified by name
as follows:
1. This Contract
2. General Terms and Conditions (Attachment A)
3. Scope of Work providing details on the stream debris removal and watershed structure projects
and timelines (Attachment C)
4. NC Openbook Supplemental Information (Attachment D)
5. Signature Card (Attachment E)
6. Streamflow Rehabilitation Assistance Program (StRAP) Quarterly Progress Report
(Attachment F)
7. Streamflow Assistance 50% Progress Report (Attachment G)
8. Request for payment form (Attachment H)
These documents constitute the entire agreement between the Parties and supersede all prior oral or written
statements or agreements.
Departmental Use Only
CENTER: 2740
ACCOUNT: 536431
AMOUNT: $379,528
TIME PERIOD: June 1, 2022-
Dec. 31, 2024
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NCDA&CS (State Funds Govt Contract Cover) Rev. 7/14;12/14; 8/17; 4/2022 Page 1 of 6
V. 4 2022 Streamflow Assistance- GOVERNMENT
I. Precedence Among Contract Documents:
In the event of a conflict between or among the terms of the Contract Documents, the terms in the
Contract Document with the highest relative precedence shall prevail. The order of precedence shall be
the order of documents as listed in Paragraph 1, above, with the first-listed document having the highest
precedence and the last-listed document having the lowest precedence. If there are multiple Contract
Amendments, the most recent amendment shall have the highest precedence and the oldest amendment
shall have the lowest precedence.
II. Effective Period:
This Contract shall be effective on June 1, 2022, and shall terminate on December 31, 2024, with the
option to extend, if mutually agreed upon, through a written amendment as provided for in the General
Terms and Conditions as described in Attachment A.
III. Grantee's Duties:
• The Grantee has 60 days to return the original contract from the offer letter. If more than 60 days is
needed, a written explanation providing a detailed explanation for the extension need is required.
The letter will also need to include a date that the contract will be signed and returned. The letter will
be subject to approval. Failure to return the contract within 60 days or a written explanation will
result in funding cancellation for the project.
• The Grantee shall provide the planned repairs to the named stream/drainage channels and watershed
projects listed in Attachment B, Scope of Work. The Grantee shall be responsible for obtaining
necessary landowner authorization for site access and all permits needed to complete the planned
work.
• Grantee will need to have Fifty percent (50%) of award funds committed (i.e., encumbered) with
vendors by February 28, 2023. If by February 28, 2023, this condition hasn’t been met, the grantee’s
remaining unencumbered funds are subject to reversion and reallocation by the Commission.
IV. Agency’s Duties:
The Agency shall pay the Grantee in the manner and in the amounts specified in the Contract
Documents. The total amount paid by the Agency to the Grantee under this Contract shall not exceed
$379,528.00. The funds are provided from State appropriations allocated through Session Law 2021-180,
Senate Bill 105 Section 5.9(a)(1). By February 28, 2023, fifty percent (50%) of the award amount
$189,764.00 should be encumbered by contracts.
[X] a. There are no matching requirements from the Grantee.
[ ] b. There are no matching requirements from the Grantee; however, the Grantee has committed the
following match to this project:
[ ] c. The Grantee’s matching requirement is ______, which consists of:
The total Contract amount with matching funds is $ $379,528.00
In Kind $
Cash $
In Kind $
Cash $
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NCDA&CS (State Funds Govt Contract Cover) Rev. 7/14;12/14; 8/17; 4/2022 Page 2 of 6
V. 4 2022 Streamflow Assistance- GOVERNMENT
V. Conflict of Interest Policy:
The Agency has determined that the Grantee is a government agency and is not subject to N.C.G.S. §
143C-6-23(b). Therefore, the Grantee is not required to file a Conflict-of-Interest Policy with the Agency
prior to disbursement of funds.
VI. Statement of No Overdue Tax Debts:
The Agency has determined that Grantee is a government agency and is not subject to N.C.G.S. §
143C-6-23(c). Therefore, the Grantee is not required to file a Statement of No Overdue Tax Debts with
the Agency prior to disbursement of funds.
VII. Reversion of Unexpended Funds:
Any unexpended grant funds shall revert to the Agency upon termination of this Contract.
VIII. Reporting Requirements:
• State Reporting Requirements [N.C.G.S. 143C-6-23]:
o The Agency has determined that the Grantee is a governmental entity and is not subject to
the State reporting requirements mandated by N.C.G.S. § 143C-6-23. Therefore, the Grantee
does not have to file annual electronic reports with the NC Office of State Budget &
Management.
• Agency Reporting Requirements:
o The Grantee shall submit quarterly progress reports, with each report due on or before the
last day of January, April, July, and October, continuing until the project is complete and
final project report is approved.
o First report will be due on or before the last day of October 2022.
o The quarterly report will be submitted using the form shown as Attachment F- Streamflow
Rehabilitation Assistance Program (StRAP) Progress Report. This report will be used for the
quarterly and final report. Each report shall include a narrative summary of the work
completed each quarter and for the project to date and a summary of cash and in-kind
expenditures for the quarter and total project.
o The quarterly progress report is required even if no activity has occurred for the quarter and
no reimbursement is requested for the quarter.
o Grantee shall submit a Streamflow Assistance 50% Progress Report (Attachment G) by end
of business hours on February 28, 2023. The report will provide detailed information on
the contracts that have been approved and executed for the project. This report requires the
grantee to show 50% of contract funds being encumbered by contracts. The report needs to
be submitted to the Agency contract administrator via email. The report is also subject to the
review and approval of the Soil & Water Commission.
o Grantee shall submit a Final Financial report and Final Invoice no later than 60 days after the
expiration or termination of this Contract.
o Grantee will provide award letters for any subgrant.
o Failure to submit timely and accurate reports will delay action on submitted invoices.
Repeated reporting issues can also result in further discussion with the Soil & Water
Commission to determine continued participation in the program.
IX. Payment Provisions:
All Request for Payment forms should be received no more than monthly. Payment requests will be
submitted using Attachment H- StreamFlow Rehabilitation Assistance Program Project Invoice Form,
along with an appropriate certified invoice showing expenditures and matching funds, if applicable, for
the current period and cumulatively for the entire project. Upon approval by the Agency payment shall be
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NCDA&CS (State Funds Govt Contract Cover) Rev. 7/14;12/14; 8/17; 4/2022 Page 3 of 6
V. 4 2022 Streamflow Assistance- GOVERNMENT
made within 30 days. All payments are subject to the availability of funds and verification that the
Grantee is current on all reporting requirements.
For sites for which this contract is supplementing USDA Emergency Watershed Protection Program
(EWPP) funding, completed work must also satisfy EWPP requirements prior to payment being
authorized.
A portion of the funds awarded to the Grantee may be used to reimburse actual documented
engineering, technical assistance, and administrative expenses for the project, excluding any salary,
benefits, and operating expenses that would normally have been paid by the Grantee. Reimbursement of
engineering, technical assistance, and administrative expenses shall be limited to 15% of total reimbursed
expenditures.
The Grantee shall expend funds in accordance with G.S. 143C-6-23 (f1)(f2)(j). The Grantee shall
account for any income earned, which may result from any funds awarded under this Contract, on the
Agency “Program Project Invoice” form. Eligible uses of income earned are:
• Expanding the project or program.
• Continuing the project or program after grant ends; or
• Supporting other projects or programs that further the broad objectives of the grant program.
This contract can be terminated prior to the original end date once the Grantee completes their final
report. If this Contract is terminated prior to the original end date, the Grantee may submit a final Request
for Payment form. All unexpended funds shall be returned by the Grantee to the Agency within 60 days
of the Contract termination date with a complete final financial report, accompanied by a final invoice.
The Agency shall have no obligation to honor requests for payment based on expenditure reports
submitted later than 60 days after termination or expiration of the Contract period.
Reimbursement requests shall be completed on a “Request for Reimbursement” form furnished to the
Grantee by the Agency. All reimbursement forms must include support documentation, including but not
limited to copies of invoices, individual time sheets and travel logs that have been signed by the employee
and supervisor, salary registers or payrolls that include fringe benefits, hourly rates of pay, and signature
of the Grantee’s responsible financial person, cancelled checks and lease agreements.
Eligible expenditures for payment must be within the effective period noted in the Contract.
Reimbursement may not be considered prior to the submission and final execution of the Contract.
All travel reimbursement shall be made in accordance with the current State rates, at the time of the
expenditure, and shall be made in accordance with the “State Budget Manual”
https://www.osbm.nc.gov/budget/budget-manual
All matching funds, including in-kind and cash, must be spent concurrently with funds provided by
the Contract. Both types of matching funds expended shall be accounted for on the monthly certified
invoices.
Indirect costs are not allowable expenditures under this Contract.
X. Fraud, Waste and Abuse
Grantee, including its employees, contractors, agents, interns, or any subrecipients, shall report
suspected fraud, waste and abuse activities related to any state employee, vendor or sub recipient of state
funds or state resources.
There are three methods for reporting suspected fraud, waste or abuse (FWA). Grantee can report
suspected FWA directly to the Agency’s Audit Services Division, to any member of the Agency’s
management team or through the FWA reporting website below.
N.C.G.S. 143-748 permits Audit Services to treat all information as confidential. However, if an
individual wishes to remain anonymous, reports can be submitted through the FWA reporting website:
https://www.ncagr.gov/internalaudit/ReportForm.htm
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NCDA&CS (State Funds Govt Contract Cover) Rev. 7/14;12/14; 8/17; 4/2022 Page 4 of 6
V. 4 2022 Streamflow Assistance- GOVERNMENT
Under no circumstances should an individual attempt to personally conduct investigations or
interviews /interrogations related to any suspected FWA act.
Investigation results will not be disclosed or discussed with anyone other than those who have a
legitimate need to know. This is important to avoid damaging the reputations of persons suspected but
subsequently found innocent of wrongful conduct.
It is the Agency’s policy that employees/contractors/sub recipients/interns will not suffer retaliation
or harassment for reporting in good faith any FWA concerns. The Agency encourages openness and will
support anyone who raises genuine concerns in good faith under this policy, even if they turn out to be
unsubstantiated.
XI. Contract Administrators:
All notices permitted or required to be given by one Party to the other and all questions about the
Contract from one Party to the other shall be addressed and delivered to the other Party’s Contract
Administrator. The name, post office address, street address, telephone number, fax number, and email
address of the Parties’ respective initial Contract Administrator are set out below. Either Party may
change the name, post office address, street address, telephone number, fax number, or email address of
its Contract Administrator by giving timely written notice to the other Party.
For the Agency:
IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS
Heather Reichert
1614 Mail Service Center
Raleigh, NC 27699-1614
Telephone: 919-707-3768
Email: heather.reichert@ncagr.gov
Grants & Contracts General Email:
agr.grants@ncagr.gov
Heather Reichert
Division of Soil & Water Conservation
216 West Jones Street
Raleigh, NC 27603
For the Grantee:
Grantee Contract Administrator- Mailing Address Grantee Principal Investigator or Key Personnel
Lynn Lambert
Harnett County
455 McKinney Parkway
Lillington, NC 27546
910-893-7584
llambert@harnett.org
Same
XII. Supplementation of Expenditure of Public Funds:
The Grantee assures that funds received pursuant to this Contract shall be used only to supplement,
not to supplant, the total amount of federal, State, and local public funds that the Grantee otherwise
expends for activities involved with specialty services and related programs. Funds received under this
Contract shall be used to provide additional public funding for such services. The funds shall not be used
to reduce the Grantee's total expenditure of other public funds for such services.
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NCDA&CS (State Funds Govt Contract Cover) Rev. 7/14;12/14; 8/17; 4/2022 Page 5 of 6
V. 4 2022 Streamflow Assistance- GOVERNMENT
XIII. Disbursements:
As a condition of this Contract, the Grantee acknowledges and agrees to make disbursements in
accordance with the following requirements:
• Will implement or already have implemented adequate internal controls over disbursements.
• Pre-audit all invoices presented for payment to determine:
o Validity and accuracy of payment
o Payment due date
o Adequacy of documentation supporting payment
• Legality of disbursement
• Assure adequate control of signature stamps/plates.
• Assure adequate control of negotiable instruments; and
• Have procedures in place to ensure that account balance is solvent and to reconcile the account
monthly.
XI. Outsourcing:
The Grantee certifies that it has identified to the Agency all jobs related to the Contract that have been
outsourced to other countries, if any. Grantee further agrees that it will not outsource any such jobs during
the term of this Contract without providing prior notice to the Agency.
XIV. N.C.G.S. § 133-32 and Executive Order 24:
N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State employee
of any gift from anyone with a Contract with the State, or from any person seeking to do business with
the State. By execution of any response in this procurement or Contract, you attest, for your entire
organization and its employees or agents, that you are not aware that any such gift has been offered,
accepted, or promised by any employee of your organization.
(This space is internally left blank)
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NCDA&CS (State Funds Govt Contract Cover) Rev. 7/14;12/14; 8/17; 4/2022 Page 6 of 6
V. 4 2022 Streamflow Assistance- GOVERNMENT
XV. Signature Warranty:
The undersigned represent and warrant that they are authorized to bind their principals to the terms of
this Contract.
IN WITNESS WHEREOF, the Grantee and the Agency execute this Contract as an electronic original,
each party will be provided a fully executed copy via electronic mail. It is required that each party retain a
fully executed copy of this contract.
Grantee: ____________________________________________________
Signature of Authorized Representative Date
Printed Name Title
Witness:
Signature Date
Printed Name Title
North Carolina Department of Agriculture and Consumer Services
Signature of Authorized Representative Date
N. David Smith, Chief Deputy Commissioner
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PUBLIC SECTOR CONTRACTS (Including Local Governments)
NCDA&CS - General Terms and Conditions – Public - Local Governmental Entities
Eff. 07/14;4/15;1/17 Page 1 of 4
General Terms and Conditions
DEFINITIONS
Unless indicated otherwise from the context, the
following terms shall have the following meanings in
this Contract. All definitions are from 9 NCAC
3M.0102 unless otherwise noted. If the rule or
statute that is the source of the definition is changed
by the adopting authority, the change shall be
incorporated herein:
(1) "Agency" (as used in the context of the
definitions below) shall mean and include
every public office, public officer or official
(State or local, elected or appointed),
institution, board, commission, bureau,
council, department, authority or other unit of
government of the State or of any county,
unit, special district or other political
subagency of government. For other
purposes in this Contract, “Agency” shall
mean the entity identified as one of the
parties hereto.
(2) "Audit" means an examination of records or
financial accounts to verify their accuracy.
(3) "Certification of Compliance" means a report
provided by the Agency to the Office of the
State Auditor that states that the Grantee has
met the reporting requirements established
by this Subchapter and included a statement
of certification by the Agency and copies of
the submitted grantee reporting package.
(4) "Compliance Supplement" refers to the North
Carolina State Compliance Supplement,
maintained by the State and Local
Government Finance Agency within the
North Carolina Department of State
Treasurer that has been developed in
cooperation with agencies to assist the local
auditor in identifying program compliance
requirements and audit procedures for
testing those requirements.
(5) "Contract" means a legal instrument that is
used to reflect a relationship between the
agency, grantee, and subgrantee.
(6) "Fiscal Year" means the annual operating
year of the non-State entity.
(7) "Financial Assistance" means assistance that
non-State entities receive or administer in the
form of grants, loans, loan guarantees,
property (including donated surplus
property), cooperative agreements, interest
subsidies, insurance, food commodities,
direct appropriations, and other assistance.
Financial assistance does not include
amounts received as reimbursement for
services rendered to individuals for Medicare
and Medicaid patient services.
(8) "Financial Statement" means a report
providing financial statistics relative to a
given part of an organization's operations or
status.
(9) "Grant" means financial assistance provided
by an agency, grantee, or subgrantee to
carry out activities whereby the grantor
anticipates no programmatic involvement
with the grantee or subgrantee during the
performance of the grant.
(10) "Grantee" has the meaning in G.S. 143C-6-
23(a)(2): a non-State entity that receives a
grant of State funds from a State agency,
department, or institution but does not
include any non-State entity subject to the
audit and other reporting requirements of the
Local Government Commission. For other
purposes in this Contract, “Grantee” shall
mean the entity identified as one of the
parties hereto.
(11) "Grantor" means an entity that provides
resources, generally financial, to another
entity in order to achieve a specified goal or
objective.
(12) "Non-State Entity" has the meaning in
N.C.G.S. 143C-1-1(d)(18): Any of the
following that is not a State agency: an
individual, a firm, a partnership, an
association, a county, a corporation, or any
other organization acting as a unit. The term
includes a unit of local government and
public authority.
(13) "Public Authority" has the meaning in
N.C.G.S. 143C-1-1(d)(22): A municipal
corporation that is not a unit of local
government or a local governmental
authority, board, commission, council, or
agency that (i) is not a municipal corporation
and (ii) operates on an area, regional, or
multiunit basis, and the budgeting and
accounting systems of which are not fully a
part of the budgeting and accounting
systems of a unit of local government.
(14) "Single Audit" means an audit that includes
an examination of an organization's financial
statements, internal controls, and compliance
with the requirements of federal or State
awards.
(15) "Special Appropriation" means a legislative
act authorizing the expenditure of a
designated amount of public funds for a
specific purpose.
(16) "State Funds" means any funds
appropriated by the North Carolina General
Assembly or collected by the State of North
Carolina. State funds include federal
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PUBLIC SECTOR CONTRACTS (Including Local Governments)
NCDA&CS - General Terms and Conditions – Public - Local Governmental Entities
Eff. 07/14;4/15;1/17 Page 2 of 4
financial assistance received by the State
and transferred or disbursed to non-State
entities. Both federal and State funds
maintain their identity as they are subgranted
to other organizations. Pursuant to N.C.G.S.
143C-6-23(a)(1), the terms "State grant
funds" and "State grants" do not include any
payment made by the Medicaid program, the
Teachers' and State Employees'
Comprehensive Major Medical Plan, or other
similar medical programs.
(17) "Subgrantee" has the meaning in G.S.
143C-6-23(a)(3): a non-State entity that
receives a grant of State funds from a
grantee or from another subgrantee but does
not include any non-State entity subject to
the audit and other reporting requirements of
the Local Government Commission.
(18) "Unit of Local Government has the meaning
in G.S. 143C-1-1(d)(29): A municipal
corporation that has the power to levy taxes,
including a consolidated city-county as
defined by G.S. 160B-2(1), and all boards,
agencies, commissions, authorities, and
institutions thereof that are not municipal
corporations.
Relationships of the Parties
Independent Contractor: The Grantee is and shall
be deemed to be an independent Contractor in the
performance of this Contract and as such shall be
wholly responsible for the work to be performed and
for the supervision of its employees. The Grantee
represents that it has, or shall secure at its own
expense, all personnel required in performing the
services under this agreement. Such employees shall
not be employees of, or have any individual
contractual relationship with, the Agency.
Subcontracting: The Grantee shall not subcontract
any of the work contemplated under this Contract
without prior written approval from the Agency. Any
approved subcontract shall be subject to all
conditions of this Contract. Only the subcontractors
or subgrantees specified in the Contract documents
are to be considered approved upon award of the
Contract. The Agency shall not be obligated to pay
for any work performed by any unapproved
subcontractor or subgrantee. The Grantee shall be
responsible for the performance of all of its
subgrantees and shall not be relieved of any of the
duties and responsibilities of this Contract.
Subgrantees: The Grantee has the responsibility to
ensure that all subgrantees, if any, provide all
information necessary to permit the Grantee to
comply with the standards set forth in this Contract.
Assignment: No assignment of the Grantee's
obligations or the Grantee's right to receive payment
hereunder shall be permitted. However, upon written
request approved by the issuing purchasing authority,
the State may:
(a) Forward the Grantee's payment check(s)
directly to any person or entity designated by
the Grantee, or
(b) Include any person or entity designated by
Grantee as a joint payee on the Grantee's
payment check(s).
In no event shall such approval and action obligate
the State to anyone other than the Grantee and the
Grantee shall remain responsible for fulfillment of all
Contract obligations.
Beneficiaries: Except as herein specifically
provided otherwise, this Contract shall inure to the
benefit of and be binding upon the parties hereto and
their respective successors. It is expressly
understood and agreed that the enforcement of the
terms and conditions of this Contract, and all rights of
action relating to such enforcement, shall be strictly
reserved to the Agency and the named Grantee.
Nothing contained in this document shall give or
allow any claim or right of action whatsoever by any
other third person. It is the express intention of the
Agency and Grantee that any such person or entity,
other than the Agency or the Grantee, receiving
services or benefits under this Contract shall be
deemed an incidental beneficiary only.
Indemnity
Indemnification: The Grantee agrees to indemnify
and hold harmless the Agency, including any of its
Divisions, and any of its officers, agents and
employees, from liability of any kind, and from any
claims of third parties arising out of any act or
omission of the Contractor in connection with the
performance of this Contract to the extent permitted
by law.
Default and Termination
Termination by Mutual Consent: The Parties may
terminate this Contract by mutual consent with 60
days notice to the other party, or as otherwise
provided by law.
Termination for Cause: If, through any cause, the
Grantee shall fail to fulfill its obligations under this
Contract in a timely and proper manner, the Agency
shall have the right to terminate this Contract by
giving written notice to the Grantee and specifying
the effective date thereof.
In that event, all finished or unfinished deliverable
items prepared by the Grantee under this Contract
HCBOC 080922 ws Pg. 56
PUBLIC SECTOR CONTRACTS (Including Local Governments)
NCDA&CS - General Terms and Conditions – Public - Local Governmental Entities
Eff. 07/14;4/15;1/17 Page 3 of 4
shall, at the option of the Agency, become its
property and the Grantee shall be entitled to receive
just and equitable compensation for any satisfactory
work completed on such materials, minus any
payment or compensation previously made.
Notwithstanding the foregoing provision, the Grantee
shall not be relieved of liability to the Agency for
damages sustained by the Agency by virtue of the
Grantee’s breach of this agreement, and the Agency
may withhold any payment due the Grantee for the
purpose of setoff until such time as the exact amount
of damages due the Agency from such breach can be
determined. The filing of a petition for bankruptcy by
the Grantee shall be an act of default under this
Contract.
Waiver of Default: Waiver by the Agency of any
default or breach in compliance with the terms of this
Contract by the Grantee shall not be deemed a
waiver of any subsequent default or breach and shall
not be construed to be modification of the terms of
this Contract unless stated to be such in writing,
signed by an authorized representative of the Agency
and the Grantee and attached to the Contract.
Availability of Funds: The parties to this Contract
agree and understand that the payment of the sums
specified in this Contract is dependent and contingent
upon and subject to the appropriation, allocation, and
availability of funds for this purpose to the Agency.
Force Majeure: Neither party shall be deemed to be
in default of its obligations hereunder if and so long
as it is prevented from performing such obligations by
any act of war, hostile foreign action, nuclear
explosion, riot, strikes, civil insurrection, earthquake,
hurricane, tornado, or other catastrophic natural
event or act of God.
Survival of Promises: All promises, requirements,
terms, conditions, provisions, representations,
guarantees, and warranties contained herein shall
survive the Contract expiration or termination date
unless specifically provided otherwise herein, or
unless superseded by applicable federal or State
statutes of limitation.
Intellectual Property Rights
Copyrights and Ownership of Deliverables: All
deliverable items produced pursuant to this Contract
are the exclusive property of the Agency. The
Grantee shall not assert a claim of copyright or other
property interest in such deliverables.
Compliance with Applicable Laws
Compliance with Laws: The Grantee shall comply
with all laws, ordinances, codes, rules, regulations,
and licensing requirements that are applicable to the
conduct of its business, including those of federal,
State, and local agencies having jurisdiction and/or
authority.
Equal Employment Opportunity: The Grantee
shall take affirmative action in complying with all
federal and State statutes and all applicable
requirements concerning fair employment of people
with disabilities, and concerning the treatment of all
employees without regard to discrimination by reason
of race, color, religion, sex, national origin or
disability. For additional information see Title VI of the
Civil Rights Act of 1964 (42 U.S.C., 2000d, 2000e-
16), Title XI of the Education amendments of 1972,
as amended (20 U.S.C. 1681-1683 and 1685-1686),
and section 504 of the Rehabilitation Act of 1973 as
amended (29 U.S.C. 794).
Executive Order 24: In accordance with Executive
Order 24, issued by Governor Perdue, and N.C.G.S.§
133-32, a vendor or contractor (i.e. architect, bidder,
contractor, construction manager, design
professional, engineer, landlord, offeror, seller,
subcontractor, supplier, vendor, or grantee), is
prohibited from making gifts or giving favors to any
employee of the Agency of Agriculture and Consumer
Services. This prohibition covers those vendors ,
contractors, and/or grantees who:
(a) have a Contract with a governmental
Agency; or
(b) have performed under such a Contract within
the past year; or
(c) anticipate bidding on such a Contract in the
future.
For additional information regarding the specific
requirements and exemptions, vendors, contractors,
and/or grantees are encouraged to review Executive
Order 24 and N.C.G.S. § 133-32.
Confidentiality
Confidentiality: Any information, data, instruments,
documents, studies or reports given to or prepared or
assembled by the Grantee under this agreement
shall be kept as confidential and not divulged or
made available to any individual or organization
without the prior written approval of the Agency. The
Grantee acknowledges that in receiving, storing,
processing or otherwise dealing with any confidential
information it will safeguard and not further disclose
the information except as otherwise provided in this
Contract.
Oversight
Access to Persons and Records: The State Auditor
and the using agency’s internal auditors shall have
HCBOC 080922 ws Pg. 57
PUBLIC SECTOR CONTRACTS (Including Local Governments)
NCDA&CS - General Terms and Conditions – Public - Local Governmental Entities
Eff. 07/14;4/15;1/17 Page 4 of 4
access to persons and records as a result of all
Contracts or grants entered into by State agencies or
political subdivisions in accordance with General
Statute 147-64.7 and Session Law 2010-194, Section
21 (i.e., the State Auditors and internal auditors may
audit the records of the contractor during the term of
the Contract to verify accounts and data affecting
fees or performance).
Record Retention: Records shall not be destroyed,
purged or disposed of without the express written
consent of the Agency. State basic records retention
policy requires all grant records to be retained for a
minimum of five years or until all audit exceptions
have been resolved, whichever is longer. If the
Contract is subject to federal policy and regulations,
record retention may be longer than five years since
records must be retained for a period of three years
following submission of the final Federal Financial
Status Report, if applicable, or three years following
the submission of a revised final Federal F inancial
Status Report. Also, if any litigation, claim,
negotiation, audit, disallowance action, or other
action involving this Contract has been started before
expiration of the five-year retention period described
above, the records must be retained until completion
of the action and resolution of all issues which arise
from it, or until the end of the regular five-year period
described above, whichever is later.
Miscellaneous
Choice of Law: The validity of this Contract and any
of its terms or provisions, as well as the rights and
duties of the parties to this Contract, are governed by
the laws of North Carolina. The Grantee, by signing
this Contract, agrees and submits, solely for matters
concerning this Contract, to the exclusive jurisdiction
of the courts of North Carolina and agrees, solely for
such purpose, that the exclusive venue for any legal
proceedings shall be Wake County, North Carolina.
The place of this Contract and all transactions and
agreements relating to it, and their situs and forum,
shall be Wake County, North Carolina, where all
matters whether sounding in Contract or tort, relating
to the validity, construction, interpretation, and
enforcement shall be determined.
Headings: The Section and Paragraph headings in
these General Terms and Conditions are not material
parts of the agreement and should not be used to
construe the meaning thereof.
Time of the Essence: Time is of the essence in the
performance of this Contract.
Care of Property: The Grantee agrees that it shall
be responsible for the proper custody and care of any
property furnished to it for use in connection with the
performance of this Contract and will reimburse the
Agency for loss of, or damage to, such property. At
the termination of this Contract, the Grantee shall
contact the Agency for instructions as to the
disposition of such property and shall comply with
these instructions.
Amendment: This Contract may not be amended
orally or by performance. Any amendment must be
made in written form and executed by duly authorized
representatives of the Agency and the Grantee.
Severability: In the event that a court of competent
jurisdiction holds that a provision or requirement of
this Contract violates any applicable law, each such
provision or requirement shall continue to be
enforced to the extent it is not in violation of law or is
not otherwise unenforceable and all other provisions
and requirements of this Contract shall remain in full
force and effect.
Travel Expenses: Reimbursement to the Grantee
for travel mileage, meals, lodging and other travel
expenses incurred in the performance of this
Contract shall be reasonable and supported by
documentation. State rates shall be used.
International travel shall not be reimbursed under this
Contract.
Sales/Use Tax Refunds: If eligible, the Grantee and
all subgrantees shall: (a) ask the North Carolina
Department of Revenue for a refund of all sales and
use taxes paid by them in the performance of this
Contract, pursuant to G.S. 105-164.14; and (b)
exclude all refundable sales and use taxes from all
reportable expenditures before the expenses are
entered in their reimbursement reports.
Advertising: The Grantee shall not use the award of
this Contract as a part of any news release or
commercial advertising.
Indirect Costs Policy: The Agency has adopted a
“Zero” policy that indirect costs are unallowable
expenditures in all State funded grant applications
and/or grant guidance, informational or directional
documents.
Allowable Uses of State Funds: Expenditures of
State funds by any grantee shall be in accordance
with the Cost Principles outlined in the Office of
Management and Budget (OMB) CFR Title 2, Part
200 Uniform Administrative Requirements, as
applicable. If the grant funding includes federal
sources, the grantee shall ensure adherence to the
cost principles established by the Federal Office of
Management and Budget. [09 NCAC 03M.020]
HCBOC 080922 ws Pg. 58
Payee Name Payee Tax ID
Stream/Drainage
Channel Name
Linear Feet of
Channel Proposed
for Repair Description of Damage
Planned Repair and Removal
from Floodplain
Number of Known
Beaver Dams
Estimated Cost to
Repair
A
Neills Creek 26,174 Vegetative Debris Removal Veg. Debris Removal &
Cable/Chipping
3 $ 379,528.00
TOTALS:26174 3 379,528.00$
PL-566 Watershed
Project Name
Watershed Project
Structure Number Description of Needed Repair
Estimated Cost to
Repair
A
B
C
D
E 0
Time Period
A July - Sept 2022
B Oct - Dec 2022
C Jan - Mar 2023
D Apr - June 2023
E July - Sept 2023
F Oct - Dec 2023
G Jan - Mar 2024
H Apr - June 2024
I July - Sept 2024
J Oct-Dec 2024
STREAM DEBRIS REMOVAL Revised Scope of Work (Insert Additional Lines as Needed)
Milestones
Project Timeline
Description of Planned Repair
Attachment B
Streamflow Rehabilitation Assistance Program Scope of Work v.1
Harnett Soil and Water ConservationApplicant Name:
PL-566 WATERSHED STRUCTURE Revised Scope of Work (Insert Additional Lines as Needed)
County of Harnett 56-6000306
Complete contract approval process with County and award contract to vendor
Begin work
Continue work
Complete project
HCBOC 080922 ws Pg. 59
Certifications and Assurances
NCDA&CS Certifications & Assurances Page 1 of 3
Rev 9/12, 10/12, 11/13;1/17
CERTIFICATIONS REGARDING LOBBYING, NONPROCUREMENT, DEBARMENT,
SUSPENSION AND DRUG-FREE WORKPLACE
Applicants should refer to the regulations cited below to determine the certification to which they are
required to attest. Signature of this form provides for compliance with certification requirements under 2
CFR, Subtitle B, Chapter IV, Part 417, "Nonprocurement Debarment and Suspension," Part 418, "New
Restrictions on Lobbying,” and Part 421, “Requirements for Drug-Free Workplace (Financial Assistance),"
and 2 CFR Part 180. The certifications shall be treated as a material representation of fact upon which
reliance will be placed when the Department of Agriculture & Consumer Services determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by authority: 31 U.S.C. 1352 and U.S.C. 301 and implemented at 2 CFR Part 180, for persons
entering into a grant or cooperative agreement over $100,000, as defined at 2 CFR Section 418.110, the
applicant certifies that to the best of their knowledge and belief, that:
1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
contract, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying” in accordance
with its instructions.
3)The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which r eliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
2.NONPROCUREMENT DEBARMENT AND SUSPENSION
As required by Executive Order 12549, Debarment and Suspension, and implemented at 2 CFR Part 180
and 2CFR Part 417, for prospective participants in primary covered transactions, as defined at 2 CFR
180.435 and Subpart C, 417.332, the applicant certifies that it and its principals:
a)Are not presently debarred, suspended, proposed for debarment, declared ineligible, or v oluntarily
excluded from covered transactions by any Federal department or agency;
b)Have not within a three-year period preceding this application been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, briber y, falsification or destruction of records, making false
statements, or receiving stolen property;
Attachment C
HCBOC 080922 ws Pg. 60
Page 2 of 3 NCDA&CS Certifications & Assurances
Rev 9/12, 10/12, 11/13;1/17
c)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph 2. (a)
(b) of this certification.
d)Have not within a three-year period preceding this application had o ne or more public transaction
(Federal, State, or local) terminated for cause or default.
e)Agree to include a term or condition in lower tier covered transactions requiring lower tier
participants to comply with subpart C of the OMB guidance in 2 CFR part 180, as supplemen ted by
subpart C of Part 417.
Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach
an explanation to this certification.
3.DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and implemented at 2 CFR Part 182, Subparts B,
and C, for grantees:
The applicant certifies that it will:
a)Make a good faith effort, on a continuing basis, to maintain a drug -free workplace. You must
agree to do so as a condition for receiving any award covered by this part.
b)Publish a drug-free workplace statement and establish a drug-free awareness program for your
employees (see Sections 182.205 through 182.220); and
c)Take actions concerning employees who are convicted of violating drug statutes in the w orkplace
(see Section 182.225), including notification to any Fe deral agency on whose award the convicted
employee was working and within 30 days take appropriate personnel action against the
employee, up to and including termination, consistent with the requirements of the Rehabilitation
Act of 1973 (29 U.S.C. 794), as amended; or require the employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for these purposes by a Federal, State
or local health, law enforcement, or other appropriate agency.
d)You must identify all known workplaces under your Federal awards (see Section 182.230).
The grantee must provide the location site(s) for the performance of work done in connection with t he
specific grant.
Place(s) of Performance (Street address, city, county, state, zip code)
DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and implemented at 2 CFR Part 182:
A.As a condition of the grant, I certify that I will comply with drug-free workplace requirements in
Subpart B (or Subpart C, if the recipient is an individual) of part 421, which adopts the Government -
wide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug Free Workplace Act of 1988
(Pub.L100-690, Title V, Subtitle D; 41 U.S.C. 701-707).
HCBOC 080922 ws Pg. 61
NCDA&CS Certifications & Assurances Page 3 of 3
Rev 9/12, 10/12, 11/13;1/17
B. I agree to notify the agency as required by 2 CFR 182.300(b) of any conviction for a criminal drug
offense within ten days.
Notice shall include the identification number(s) of each affected grant.
As the duly authorized representative of the Grantee, I hereby certify and state to the best of my
knowledge and belief, that the Grantee will comply with the above certifications.
Grantee Organization Name
Signature of Authorized Representative Date
Printed Name of Authorized Representative Title
HCBOC 080922 ws Pg. 62
NC OpenBook Supplemental Information
Page 1 of 1NCDA&CS NC OpenBook Supplemental
Information Rev 07/14; 4/17; 5/22
Instructions: Complete the information below and return it to the Contract Administrator identified in your
original contract. This information must be submitted as part of your contract. If you have questions,
please contact the Contract Administrator or the Alternate Contact as reflected in your contract.
Grantee Name:
County of Residence: District Number (MUST BE FILLED IN):
Tax Id Number:
UEI Number**: I have started the UEI process but not received a UEI number.
*Due to the SAM.gov migration from DU& Bradstreet, obtaining a UEI number has created unforeseen issues with the SAM.gov website search engines and portals. Due to the
massive backlog in validation ticket issues, we are not requiring the UEI numbers at this time; however, if you have started the process, please let us know OR if you UEI number
please provide it.
Fiscal Year End:
(MM/DD) Format
Grantee’s Website:
Current project timeline: Begin date End Date
Attachment D
Expected outcomes and specific deliverables: Expected outcome is intended result of your grant
program. The specific deliverables are the accomplishments that will be achieved with the grant. EXAMPLE: Funding for the Farmers Produce Box
program will allow an additional 150 boxes to be created this year. This will allow approximately 37 additional families to receive these the boxes 4
times a week to help resolve their food insecurity. MAX CHARACTERS: 300
**If your answer is Regional, list all Counties that are receiving
benefit:
Project Location Benefit Information: (Location(s) in which funding will be spent and/or
food commodities will be received.)
Single County
Regional**
Mountains
Piedmont
Inner Coastal Plain
Tidewater
Statewide
GRANTEE INFORMATION:
PROJECT INFORMATION:
Brief Description and Background/History of your Organization: Be sure to include the number of years in existence,
number of employees, mission and goals of your organization. MAX CHARACTERS: 250
HCBOC 080922 ws Pg. 63
Signature Card
Page 1 of 1 NCDA&CS - Signature Card – NGO & Governmental
Rev 7/14; 1/17;11/17
CONTRACT & FINANCIAL DOCUMENTS
INSTRUCTIONS: Please read and fill in the required information to the right of each field where applicable. Signatures
must match the Contract signatures. In the event the affixed signature(s) are no longer valid, a revised form must
be submitted prior to processing any contractual documents or submitting “Request for Payments” or any other
financial documents. If more than two people will sign for the organization, this form may be duplicated.
SECTION I.
Date:
Legal Applicant Organization/Agency Name:
Federal Tax Identification Number:
SECTION II.
Certification:
By affixing my signature below, I certify that person(s) identified are designated having legal authorization to sign on
behalf of the organization named in Section I., above, for purposes of executing contractual documents and preparing,
approving and executing all financial documents; including “Requests for Payments.” I understand the legal implications
of any and all misrepresentation, which include but are not limited to defrauding the State of North Carolina, and certify
that the person signing below has full authority to execute this Agreement on behalf of the named organization.
NON-GOVERNMENTAL ORGANIZATIONS ONLY (Must match Contract signature)
Board Chair, Executive Director, etc. Financial Representative, Treasurer, etc.
Print Name & Title: Print Name & Title:
Signature: Signature:
GOVERNMENTAL ENTITIES (Must match Contract signature)
Authorized Governmental Official Chief Fiscal Officer
Print Name & Title: Print Name & Title:
Signature: Signature:
Attachment E
HCBOC 080922 ws Pg. 64
Stream Debris Quarterly Report
2022-06-20
Progress Report Form
Quarterly Final
Sponsor:
Sponsor Tax ID #:
Contract number:
Date of Report:
Reporting Period:
Form Completed By (Name & Title):
E-mail address:
Effective Date of Contract:
End Date of Contract:
Anticipated Completion Date:
Financial Report
State Expenditures
Total State Contract Funds:
Previous State expenditures:
State expenditures this reporting Period:
Total State expenditures:
Balance of State Funds:
Recipient Share (Match)
Total recipient share:
Previous Recipient share of expenditures:
Expenditures this reporting period:
Total Share expenditures:
Remaining recipient share to be provided:
Attachment F
HCBOC 080922 ws Pg. 65
Stream Debris Quarterly Report
2022-06-20
Encumbered Amount (Amount Contracted)
Total State Contract:
Amount of contract Encumbered:
Amount of contract Unencumbered:
Performance Report –
Description of work done this quarter (if no work was done this quarter please
explain):
HCBOC 080922 ws Pg. 66
Stream Debris Quarterly Report
2022-06-20
Please list all segments on Scope of Work: include who is that segment is
contracted with, there address, how much the contract is for (Linear Feet and
Dollar Amount), Timeline on contract. If segment is not contracted with anyone,
please explain why, and include timeline on when it will be contracted:
HCBOC 080922 ws Pg. 67
Stream Debris Quarterly Report
2022-06-20
Project Schedule:
Any delays:
Yes
No
If any delays or problems, please explain:
Project Cost Status:
Cost Unchanged
Cost Overrun
Cost underrun
If Cost is Overrun or Underrun, please explain:
(Attach additional sheets as necessary.)
HCBOC 080922 ws Pg. 68
Stream Debris Quarterly Report
2022-06-20
Once form is complete, please attach to the email the budget report for this
quarter and any relevant photographs, charts or other documentation that
helps demonstrate the status of the project.
Signature – Authorized Signer
Date
Email quarterly reports to Heather.Reichert@ncagr.gov
HCBOC 080922 ws Pg. 69
Streamflow Assistance 50% report
StreamFlow Assistance 50% Progress Report
Due NO LATER than FEBRUARY 28, 2023
Grantee Name:
Person completing report:
SECTION 1: FINANCIAL REPORTING
Amount of Contract:
Amount of funds encumbered by contracts:
Does this amount equal 50%? YES NO
•If you answered yes, complete section 2 and 3 of this report.
•If you answered no, completed section 2 and 4 of this report.
SECTION 2: CONTRACT INFORMATION
For each contract provide the following information:
•Name and address of contractor
•Amount of contract
•Contribution to project (brief description of what work they will complete)
•Did a Council/Committee/Commission have to provide approval for the contract?
YES NO
**If yes, provide the date this occurred.
•Date signed
•Contract Number
•When is work expected to begin?
Attachment G
HCBOC 080922 ws Pg. 70
Streamflow Assistance 50% report
SECTION 3: PROGRESS REPORT
(If 50% goal has been met)
Provide a detailed update on all work that has been completed since contracts with NCDA&CS have been signed.
This should be a very detailed report that provides the commission with information about the work that is being
done to advance the project.
By signing the report below, I certify that to the best of my knowledge and belief the report is true, complete and
all expenditures reported are for appropriate purposes and in accordance with the provisions set forth in the
subaward documents.
________________________________________________________________
Printed Name and Title Date
___________________________________________________________
Signature
HCBOC 080922 ws Pg. 71
Streamflow Assistance 50% report
SECTION 4: Progressing toward 50% goal
(If 50% goal has NOT been met)
If you have been unable to secure the required contracts, please provide the reasons why this has occurred and what
is being done to move the project forward. Provide details on the next steps and information on when you expect to
meet the 50% of award under contract requirement.
By signing the report below, I certify that to the best of my knowledge and belief the report is true, complete and
all expenditures reported are for appropriate purposes and in accordance with the provisions set forth in the
subaward documents.
________________________________________________________________
Printed Name and Title Date
___________________________________________________________
Signature
HCBOC 080922 ws Pg. 72
NOG NOT on SFL
Payee Organization Name Invoice #
1 Project Name:Streamflow Rehab
Project
Payment
Authorization
Contract Number Tax ID #
Contract Expiration Date PO Line
Request No.: Date: Payment Amount
Contract Amount: $0.00
a b c d
2
Activity Contract Budget Previously Spent
from contract Budget
Total spent this invoice
period from contract
Budget
Total spent to date
from contract Budget
StRAP Contracts -$
-$
ALL MATCHING FUNDS: e f g h
3
Activity Budgeted Match Previously Reported
Matching Funds
Total matching funds
this invoice period:
Total matching funds
to date:
Cash $-
In-Kind $-
Total -$ -$ -$ -$
Progress on Stream Segments:
Segment Description (Please refer to
Scope of Work) Please add rows as
needed
Feet Planned for
Treatment
Feet of Stream
Completed this
Invoice
Total Feet of Stream
Completed
Beaver Dams
Removed
Totals 0 0 0 0
Progress on PL-566 Watershed Stucture
Improvement:
Planned Improvement (Please refer to
Scope of Work) Please add rows as
needed
Extent of Completed
Action (e.g., cu. yd.
of sediment
removed)
Totals 0 0 0
Admin allowed (15%
max):
Admin Previously
Invoiced :Total Admin this Invoice
Total Admin
Invoiced to Date
-$ -$
Salary/Benefits Equipment Supplies Total
6 $-
-$
Submitted by:
7 Title
Signature:
E-mail Address:
Telephone Number:
DSWC Project Inspection Certification
Date
Heather.Reichert@ncagr.gov
Amount Requested this Invoice
Amount contract Funds Remaining:
Administration/Technical Assistance
(Not to exceed 15% of total expended contract
funds, not including matching funds)
Signature of DSWC or NRCS certifying official
Streamflow Rehabilitation Assistance Progam Project Invoice Form (ver. 1, 4/2022)
4
Please direct questions about this form to Heather Reichert, at (919)707-3768 or Heather.Reichert@ncagr.gov.
I certify that I have inspected the work completed and reported on the progress report and recommend approval of payment for
this invoice.
Detailed Admin Expenses Claimed this Invoice
(Must be related to implementation, Salary/Benefits for
existing salaried staff not eligible, without prior written
approval, Must attach supporting documentation)
Please add rows as needed
5 Description of Completed Action
Please fill in Parts 1-7 and send, along with necessary backup, to:
Attachment H
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Item 8
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1 of 1
Board Meeting
Agenda Item
MEETING DATE: August 15, 2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Proposed Zoning Change: Case # PLAN2206-0004
REQUESTED BY: Mark Locklear/ Development Services
REQUEST:
Landowner / Applicant: Johnny Carroll Contracting Inc. & KMB Building LLC / Mauldin
Watkins Surveying; 9.45+/- acres; Pin 0651-73-8410.000; From RA-40 to RA-30 Zoning
District; Intersection of SR # 1436 (Matthews Road) & SR # 1435 (Tripp Road); Neill’s
Creek Township..
Development Services staff recommends approval based on the Land Use compatabilty and
residential nature of this area.
Additional Information:
At their August 1st meeting, the Harnett County Planning Board voted unanimously (4-0) to
recommend approval of application based on the Land Use Plan compatibility as well as the
similarity to the existing residential districts.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 9
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STAFF REPORT Page 1 of 4
REZONING STAFF REPORT
Case: PLAN2206-0004
Jay Sikes, Mgr. of Planning Services
jsikes@harnett.org
Phone: (910) 893-7525 Fax: (910) 814-8278
Planning Board: August 1, 2022 County Commissioners: August 15, 2022
Requesting a Rezoning from RA-40 to RA-30
Applicant Information
Owner of Record: Applicant:
Name: Johnny Carroll Contracting, Inc & KMB
Building, LLC
Name: Mauldin-Watkins Surveying
Address: 5609 Stewart Rd Address: 139 N. Main St
City/State/Zip: Raleigh, NC 27603 City/State/Zip: Fuquay Varina, NC 27526
Property Description
PIN(s): 0651-73-8410 Acreage: 9.45
Address/SR No.: Matthews & Tripp Rd (SR 1436 & SR 1435)
Township:
(09) Johnsonville
(10) Lillington
(11) Neill’s Creek
(12) Stewart’s Creek
(13) Upper Little River
(01) Anderson Creek
(02) Averasboro
(03) Barbecue
(04) Black River
(05) Buckhorn
(06) Duke
(07) Grove
(08) Hectors Creek
Vicinity Map
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STAFF REPORT Page 2 of 4
Physical Characteristics
Site Description: site is vacant, farmland. As per
the application, the intent for this independent
homebuilder is to construct residential homes.
Surrounding Land Uses: Vacant/undeveloped and
agricultural land. Also, single family residential
uses that consist of stick-built & manufactured
homes. Several developments in this area are
within Lillington’s jurisdiction.
Services Available
Water:
Public (Harnett County)
Private (Well)
Other: Unverified
Sewer:
Public (Harnett County)
Private (Septic Tank)
Other: unverified
Transportation:
Annual Daily Traffic Count:
Unavailable
Site Distances: good
Zoning District Compatibility
The following is a summary list of general uses,
or actual permitted uses refer to the Zoning Ordinance.
CURRENT REQUESTED
RA-40 RA-30
Parks & Rec X X
Natural Preserves X X
Bona Fide Farms X X
Single Family X X
Manufactured
Homes, Design
Regulated X
Manufactured
Homes(with SUP) X
Multi-Family(with
SUP) X
Institutional
Commercial Services
Retail (with SUP) X X
Wholesale
Industrial
Manufacturing
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STAFF REPORT Page 3 of 4
Land Use Classification Compatibility
ZONING LAND USE
RA-30 MDR
Parks & Rec X X
Natural Preserves X X
Bona Fide Farms X X
Single Family X X
Manufactured Homes,
Design Regulated X X
Manufactured
Homes(with SUP) X X
Multi-Family(with SUP) X
Institutional
Commercial Service
Retail (with SUP) X X
Wholesale
Industrial
Manufacturing
Evaluation
Yes No The IMPACT to the adjacent property owners and the surrounding community is
reasonable, and the benefits of the rezoning outweigh any potential inconvenience or
harm to the community.
REASONING: The impact to the surrounding community is reasonable, as the requested
zoning district is similar in nature to the surrounding area.
Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification.
REASONING: The requested zoning to RA-30 is compatible with the overall land use
classification of Medium Density Residential, as well as within the Compatibility
Development Target area. The MDR land use class could have lot densities that range
from 2-5 units per acre. Within the vicinity are also distinctive growth patterns to a
municipal growth area. Along this road, similar rezoning requests have previously been
approved due to these circumstances.
Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The requested zoning to RA-30 would maintain the public health, safety
and general welfare due to the existing residential uses within the area.
Yes No The request is for a SMALL SCALE REZONING and should be evaluated for
reasonableness.
REASONING: Due to the Land Use compatibility, as well as the same district being
across the street, this application does not need to be considered for Small Scale
Rezoning.
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STAFF REPORT Page 4 of 4
Site Photographs
Site Site, adjacent property, & Tripp Rd east
Matthews Rd & Tripp Rd intersection Site & Matthews Rd view (south), & area
properties
Additional Information
At their August 1st meeting, the Harnett County Planning Board voted unanimously (4-0) to recommend
approval of application based on compatibility to the Land Use Plan and the existing residential uses i n the
area.
• Planning Board members discussed the coordination of services that are offered by the County and
Lillington ( ex…utilities, police, fire, EMS). Also discussed was the potential higher density that that could
have existed if this site was annexed into Lillington’s jurisdiction. In response to the concerned citizen, a
Planning Board member asked her to be sure to attend a School Board meeting and/ or send her concerns
to them.
• One citizen spoke in opposition. Her concerns consisted of school overcrowding and overall amount of
growth the County is experiencing.
Suggested Statement-of-Consistency (Staff concludes that…)
As stated in the evaluation, the requested rezoning to RA-30 would not have an unreasonable impact on
the surrounding community and will maintain the public health, safety, and general welfare based on the
existing residential uses and compatibility with the County’s Land Use Plan. Therefore, it is recommended
that this rezoning request be APPROVED.
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S:\Clerk to the Board docs\AGENDAS\2022\080922ws\9.2.1 McKay_agenda form.docx Page
1 of 1
Board Meeting
Agenda Item
MEETING DATE: August 15, 2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Proposed Land Use Map Amendment: Case # PLAN2206-0005
REQUESTED BY: Mark Locklear/ Development Services
REQUEST:
Land Owner/ Applicant: Lloyd Enterprises LP / Tom McKay; PIN #’s 0508-41-7271.000 &
0508-41-0412.000; 214.0 +/- acres. The applicant requests a Land Use Map Amendment
from Agricultural and Rural Residential to Medium Density Residential Use; Barbecue
Township; NC 27 West.
Development Services staff recommends denial based on requested classification not being
in this vicinity as well as the low density residenital nature of this area.
Additional Information:
At their August 1st meeting, the Harnett County Planning Board voted unanimously (4-0) to
recommend denial of application based on not being compatible with the Land Use Plan as
well as the precedent that the Commissioner s have set by already denying a Land Use Map
amendment.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 9
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Land Use Plan/ Map Amendment
Development Services Department
Case: PLAN2206-0005
Jay Sikes, Mgr. of Planning Services
jsikes@harnett.org
Phone: (910) 893-7525 Fax: (910) 814-8278
Planning Board: August 1, 2022 County Commissioners: August 15, 2022
Requesting an Amendment from Agricultural & Rural Residential to Medium Density Residential
Applicant Information
Owner of Record: Applicant:
Name: Lloyd Enterprises, LP Name: Tom McKay
Address: 2016 Lloyd Stewart Rd Address: 2000 Aerial Center Pkwy
City/State/Zip: Broadway, NC 27505 City/State/Zip: Morrisville, NC 27560
Property Description
PIN(s): 0508-41-7271 & 0508-41-0412 Acreage: 214 +/-
Address/SR No.: NC 27 W.
Township:
(09) Johnsonville
(10) Lillington
(11) Neill’s Creek
(12) Stewart’s Creek
(13) Upper Little River
(01) Anderson Creek
(02) Averasboro
(03) Barbecue
(04) Black River
(05) Buckhorn
(06) Duke
(07) Grove
(08) Hectors Creek
Vicinity Map
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Zoning
Land Use
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Aerial
Physical Characteristics
The property is vacant land, undeveloped land.
Surrounding land uses consist of single-family residences, a Middle & High school, a County park, and
several undeveloped parcels.
Per the application, this request is to assist in a residential development while also preserving the
environmentally sensitive areas of these two tracts.
Services Available
Water:
Public (Harnett County)
Private (Well)
Other: Unverified
Sewer:
Public (Harnett County)
Private (Septic Tank)
Other: unverified
Transportation:
Annual Daily Traffic Count:
~6,200
Site Distances: Good
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Site Photographs
Site Site
Site and NC 27 south view Western Harnett H.S. and NC 27 north view
Staff has evaluated the request and find the following…
The impact to the surrounding community is unreasonable, as it is a predominantly low density
residential area;
The requested Land Use classification is not compatible with the surrounding land use districts nor
is it adjacent or in the vicinity to the requested classification;
The proposed land use change could potentially be an inconvenience to area, since the
classification would allow for higher density developments;
A higher density development without adjacent street connectivity could lead to issues within the
existing transportation network;
The uses and density provided by the current zoning and land use classification are more
appropriate for this area.
With the amount of Environmentally sensitive areas that exisit, low density classification may be
more appropriate.
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Additional Information
On August 1st, the Harnett County Planning Board voted unanimously (4-0) to recommend denial of this
Land Use Map amendment based on not being compatible with the Land Use Plan as well as the precedent
that the Commissioner s have set by already denying a Land Use Map amendment.
Planning Board members discussed...
Agreed that these requests are much more detailed
the existing Ag & Rural Residential classification provides a flexible amount of the development
options;
a potentially higher density could create a lot of traffic issues for this area that only NCDOT can
regulate;
smaller setbacks and lot sizes in a rural area could create an issue for fire safety and response
times;
the amount of environmentally sensitive areas is concerning and needs to be protected, and
discourage development from encroaching upon its boundaries.
An Engineer for the applicant stated with a 10,000 sq ft lot, this project could have approximately
325-330 homes;
One adjacent landowner spoke. He has an adjacent parcel that is land locked and would like to
have a connection if this property is developed.
Suggested Statement-of-Consistency (Staff concludes that…)
As explained in the evaluation, the requested Land Use Map amendment is not compatible with Harnett
County regulatory documents and would have an unreasonable impact on the surrounding community due
to the low density nature of the area. Therefore, it is recommended that this reclassification request be
DENIED.
Per Harnett County Land Use Plan
Residential Focus Areas
Environmentally Sensitive Areas: Primary conservation areas, including floodplains and areas located
in the Conservation Overlay Zoning District.
Agricultural and Rural Residential: Primarily agricultural and forestry uses with some rural residential
areas. These areas are located outside of existing and future sewer service areas and rely on septic
systems for wastewater treatment. They have a limited road network and in some cases lie within High
Quality Watershed or Water Supply Watershed areas. The lack of utility and transportation infrastructure,
the established low density development pattern and ongoing agricultural activities in these areas
contribute to their rural character. This character can be enhanced by encouraging only low intensity uses,
single family residential up to one unit per acre and context sensitive rural design.
Low Density Residential: Single family detached residential intended to remain pred ominantly
suburban in character and provide for low density single-family residential development on lots smaller
than those in Rural Residential areas. Gross densities of 1-3 dwelling units per acre depending on utilities,
soils and character of adjacent development.
Medium Density Residential: Medium density residential with a mix of housing types including single
family detached homes with average lot sizes, small-lot homes and patio homes. Gross densities of 2-5
dwelling units per acre. Located in areas served by current or planned utilities or in areas near the extra-
territorial jurisdiction (ETJ) of towns. Additional housing types (including townhomes and apartments)
and higher densities may be appropriate as part of planned developments or near Development Nodes.
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Item 11
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Item 12
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Item 14
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Jaime Bell-Raig
From:
Sent:
To:
Subject:
Board:
Voting District:
Name:
Address:
City:
Zip Code:
Telephone:
Email:
Years of
Formal
Education:
Civic and
fraternal
organizations:
Why you would
like to serve:
Electronic
Signature:
Agreement:
Harnett Website
Wednesday, July 13, 2022 11 :58 AM
web boards
Application to Serve on a Board
Harnett web 51te lngui,:yReceipt COUHT\' ·,o,r• (U<;lJWA
Home and Community Care Block Grant Committee
District 2
Diane Mangum
2075 HWY27W
LILLINGTON
27546
mangums2008@hotmail.com
12
Wake County Partems Education, United Way, Eastern and Central Food Shelter. Apex
Library Book Sales.
I have a Passion for Elder People of the well being and they safety, also I have knowledge
of grant writing. I went to Wake Technical College for Grant Writing.
Diane Mangum
I understand that checking this box constitutes a legal signature confirming that I
acknowledge and agree to the above Terms of Acceptance.
1 HCBOC 080922 ws Pg. 164
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,
Jaime Bell-Raig
From:
Sent:
To:
Subject:
Board:
Voting District:
Name:
Address:
City:
Zip Code:
Telephone:
Email:
Years of
Formal
Education:
Civic and
fraternal
organizations:
Why you would
like to serve:
Electronic
Signature:
Agreement:
Harnett Website
Tuesday, July 19, 2022 8:00 AM
web boards
Application to Serve on a Board
�Harnett
�or�, .ll_ .,�,: � ;.� Web S1te mguirJt.. Rec.eiJl.t
Home and Community Care Block Grant Committee
District 1
Letitia Maynor
PO Box 635
Dunn
28335
lrmaynor@yahoo.com
4
Relay For Life of Harnett County
NC Juvenile Crime & Prevention Council of Harnett County
Mid-Carolina HCCBG
Having worked with Harnett Couny for 29 years and attending the block grant meetings
as part of my duties, has given me much insight as to the services needed for our seniors.
Your consideration to assign me as a volunteer will be greatly appreciated, so that I may
continue to serve the citizens of Harnett County.
Letitia R. Maynor
I understand that checking this box constitutes a legal signature confirming that I
acknowledge and agree to the above Terms of Acceptance.
1 HCBOC 080922 ws Pg. 166
,
Jaime Bell-Raig
From:
Sent:
To:
Subject:
Jaime Bell-Raig
Wednesday, May 25, 2022 11 :33 AM
Jaime Bell-Raig
FW: Application to Serve on a Board
From: Harnett Website <noreply@harnett.org>
Sent: Wednesday, May 25, 2022 10:19 AM
To: webboards <webboards@harnett.org>
Subject: Application to Serve on a Board
;>i,.. Harnett -�· .·�web S1te /iJqUiry Receipt �' tIITT� \�. ��N �.�
Board: Home and Community Care Block Grant Committee
Voting District: District 1
Name: Marvin Wayne Tawney
Address: 703 Maple Ave.
City: Dunn
Zip Code: 28334
Telephone:
Email: mar049l@gmail.com
Years of
Formal 16
Education:
Civic and Virginia Mason, North Carolina Mason, North Carolina Sudan Shriners, DAV, American fraternal
organizations: Legion, and VFW, Campbell University Veterans Club
Why you would I would like to be able to help our Harnett County citizens to receive as much help as
possible. To help make our county a place where people want to come and live because like to serve: we take care of our citizens.
Electronic Marvin Tawney Signature:
Agreement: I understand that checking this box constitutes a legal signature confirming that I
acknowledge and agree to the above Terms of Acceptance.
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