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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 Page | 1 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)** HCBOC 080922 ws Pg. 1 Harnett County Board of Commissioners Page | 2 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. HCBOC 080922 ws Pg. 2 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 S:\admin\Fileshare\ 1-Excel\BOH PAT FEE INC-NEW FEES-BOC Requests\BOH 072122\072122 BOC 46900 54050.docx Page I of I Item 4 HCBOC 080922 ws Pg. 3 Item 5 HCBOC 080922 ws Pg. 4 HCBOC 080922 ws Pg. 5 HCBOC 080922 ws Pg. 6 HCBOC 080922 ws Pg. 7 HCBOC 080922 ws Pg. 8 HCBOC 080922 ws Pg. 9 HCBOC 080922 ws Pg. 10 HCBOC 080922 ws Pg. 11 HCBOC 080922 ws Pg. 12 HCBOC 080922 ws Pg. 13 HCBOC 080922 ws Pg. 14 HCBOC 080922 ws Pg. 15 HCBOC 080922 ws Pg. 16 HCBOC 080922 ws Pg. 17 HCBOC 080922 ws Pg. 18 HCBOC 080922 ws Pg. 19 HCBOC 080922 ws Pg. 20 HCBOC 080922 ws Pg. 21 HCBOC 080922 ws Pg. 22 HCBOC 080922 ws Pg. 23 HCBOC 080922 ws Pg. 24 Item 6 HCBOC 080922 ws Pg. 25 HCBOC 080922 ws Pg. 26 HCBOC 080922 ws Pg. 27 HCBOC 080922 ws Pg. 28 HCBOC 080922 ws Pg. 29 HCBOC 080922 ws Pg. 30 HCBOC 080922 ws Pg. 31 HCBOC 080922 ws Pg. 32 HCBOC 080922 ws Pg. 33 HCBOC 080922 ws Pg. 34 HCBOC 080922 ws Pg. 35 HCBOC 080922 ws Pg. 36 HCBOC 080922 ws Pg. 37 HCBOC 080922 ws Pg. 38 HCBOC 080922 ws Pg. 39 HCBOC 080922 ws Pg. 40 HCBOC 080922 ws Pg. 41 HCBOC 080922 ws Pg. 42 HCBOC 080922 ws Pg. 43 HCBOC 080922 ws Pg. 44 S:\Clerk to the Board docs\AGENDAS\2022\080922ws\7.1 StRAP Accept Funds.docx Page 1 of 1 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 HCBOC 080922 ws Pg. 45 HCBOC 080922 ws Pg. 46 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 HCBOC 080922 ws Pg. 47 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 HCBOC 080922 ws Pg. 48 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 $ HCBOC 080922 ws Pg. 49 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 HCBOC 080922 ws Pg. 50 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 HCBOC 080922 ws Pg. 51 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. HCBOC 080922 ws Pg. 52 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) HCBOC 080922 ws Pg. 53 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 HCBOC 080922 ws Pg. 54 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 HCBOC 080922 ws Pg. 55 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 HCBOC 080922 ws Pg. 73 HCBOC 080922 ws Pg. 74 Item 8 HCBOC 080922 ws Pg. 75 HCBOC 080922 ws Pg. 76 HCBOC 080922 ws Pg. 77 HCBOC 080922 ws Pg. 78 HCBOC 080922 ws Pg. 79 S:\Clerk to the Board docs\AGENDAS\2022\080922ws\9.1.1 Carroll_agenda form.docx Page 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 HCBOC 080922 ws Pg. 80 HCBOC 080922 ws Pg. 81 HCBOC 080922 ws Pg. 82 HCBOC 080922 ws Pg. 83 HCBOC 080922 ws Pg. 84 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 HCBOC 080922 ws Pg. 85 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 HCBOC 080922 ws Pg. 86 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. HCBOC 080922 ws Pg. 87 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. HCBOC 080922 ws Pg. 88 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 HCBOC 080922 ws Pg. 89 HCBOC 080922 ws Pg. 90 HCBOC 080922 ws Pg. 91 HCBOC 080922 ws Pg. 92 HCBOC 080922 ws Pg. 93 HCBOC 080922 ws Pg. 94 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 HCBOC 080922 ws Pg. 95 Zoning Land Use HCBOC 080922 ws Pg. 96 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 HCBOC 080922 ws Pg. 97 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. HCBOC 080922 ws Pg. 98 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. HCBOC 080922 ws Pg. 99 Item 11 HCBOC 080922 ws Pg. 100 HCBOC 080922 ws Pg. 101 HCBOC 080922 ws Pg. 102 HCBOC 080922 ws Pg. 103 HCBOC 080922 ws Pg. 104 HCBOC 080922 ws Pg. 105 HCBOC 080922 ws Pg. 106 HCBOC 080922 ws Pg. 107 HCBOC 080922 ws Pg. 108 HCBOC 080922 ws Pg. 109 HCBOC 080922 ws Pg. 110 HCBOC 080922 ws Pg. 111 HCBOC 080922 ws Pg. 112 HCBOC 080922 ws Pg. 113 HCBOC 080922 ws Pg. 114 HCBOC 080922 ws Pg. 115 HCBOC 080922 ws Pg. 116 HCBOC 080922 ws Pg. 117 HCBOC 080922 ws Pg. 118 HCBOC 080922 ws Pg. 119 HCBOC 080922 ws Pg. 120 HCBOC 080922 ws Pg. 121 HCBOC 080922 ws Pg. 122 HCBOC 080922 ws Pg. 123 HCBOC 080922 ws Pg. 124 HCBOC 080922 ws Pg. 125 HCBOC 080922 ws Pg. 126 HCBOC 080922 ws Pg. 127 HCBOC 080922 ws Pg. 128 HCBOC 080922 ws Pg. 129 Item 12 HCBOC 080922 ws Pg. 130 HCBOC 080922 ws Pg. 131 HCBOC 080922 ws Pg. 132 HCBOC 080922 ws Pg. 133 HCBOC 080922 ws Pg. 134 HCBOC 080922 ws Pg. 135 HCBOC 080922 ws Pg. 136 HCBOC 080922 ws Pg. 137 HCBOC 080922 ws Pg. 138 HCBOC 080922 ws Pg. 139 HCBOC 080922 ws Pg. 140 HCBOC 080922 ws Pg. 141 HCBOC 080922 ws Pg. 142 HCBOC 080922 ws Pg. 143 HCBOC 080922 ws Pg. 144 HCBOC 080922 ws Pg. 145 HCBOC 080922 ws Pg. 146 HCBOC 080922 ws Pg. 147 HCBOC 080922 ws Pg. 148 HCBOC 080922 ws Pg. 149 HCBOC 080922 ws Pg. 150 HCBOC 080922 ws Pg. 151 HCBOC 080922 ws Pg. 152 HCBOC 080922 ws Pg. 153 HCBOC 080922 ws Pg. 154 HCBOC 080922 ws Pg. 155 HCBOC 080922 ws Pg. 156 HCBOC 080922 ws Pg. 157 HCBOC 080922 ws Pg. 158 HCBOC 080922 ws Pg. 159 HCBOC 080922 ws Pg. 160 Item 14 HCBOC 080922 ws Pg. 161 HCBOC 080922 ws Pg. 162 HCBOC 080922 ws Pg. 163 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 HCBOC 080922 ws Pg. 165 , 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. 1 HCBOC 080922 ws Pg. 167