030122 ws packet revisedWORK SESSION AGENDA – REVISED
Date: Tuesday, March 1, 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.Discuss Soil and Water Conservation request, to apply for the Golden Leaf Flood Mitigation and
Recovery Program grant in the amount of $250,000; Lynn Lambert, Natural Resources
Director/Conservation Education Coordinator and Coley Price, Assistant County Manager
4.Discuss Parks and Recreation’s request to approve the Shawtown Community Park Project
Ordinance, Carl Davis, Parks and Recreation Director
5.Discuss Resolution from the City of Dunn Requesting Extension of Development Rights with the
County of Harnett; Jay Sikes, Assistant Development Services Director/ Manager of Planning Services &
Christopher Appel, County Attorney
6.Discuss Harnett County Emergency Services request to apply for the NC Emergency Management
Capacity Building Competitive Grant (CBCG); Larry Smith, Emergency Services
7.Discuss Bylaws Revision for Harnett County Commission for Women & Youth; Christopher Appel,
County Attorney
8.Discuss proposal by third party to purchase real property (approximately a 13-acre vacant tract
PIN# 9691-38-5961-000) owned by Harnett County located on Lawrence Road, Broadway, NC,
Dwight Snow, County Attorney
9.Update on the Former Benhaven School Campus and Disposition of Pre-K Building; Brian Haney,
Assistant County Manager
10.Discuss needs-based Public School Capital Fund 2021 Grant Application for New Flatwoods
Middle School (Grades 6-8); Brent Trout, County Manager
11.Discuss Harnett Regional Jetport - SCIF Grant Agreement; Coley Price, Assistant County Manager
12.County Manager’s Report- Brent Trout, County Manager
Parks & Recreation Department Reorganization
March 7, 2022 Regular Meeting Agenda Review
Review applications to serve on Boards and Committees
Upcoming meetings and invitations
13.Closed Session
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Harnett County Board of Commissioners
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14.Adjourn
CONDUCT OF THE MARCH 1, 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: March 7, 2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Golden Leaf Flood Mitigation and Recovery Grant
REQUESTED BY: Lynn Lambert
REQUEST:
Soil and Water Conservation is requesting permission to apply for the Golden Leaf Flood
Mitigation and Recovery Program grant in the amount of $250,000. No match is required.
Funds would be utilzed to implement drainage improvements within the Riverside
Community as identified in the community watershed study conducted by Wetland Solutions,
LLC. Drainage improvements would reduce long term flooding within the area that currently
pose a threat to property and the health of residents.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 3
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Harnett Soil and Water Conservation District
PO Box 267 (mailing) | 126 Alexander Drive, Suite 200 (physical) | Lillington, NC 27546 | 910-893-7584 | www.harnett.org
Based on the Wetland Solutions, LLC assessment, our recommendations are as follows in order of importance:
1. Replace the three undersized culverts along the Secondary Drain (B) with culvert appropriate to handle the
increasing stormwaters.
2. Install an appropriately sized culvert along the Secondary Drain (B) where it is missing.
3. Reconnect drain along the Tertiary Drain (C) if allowed by the Army Corp of Engineers.
4. Remove the large pile of tires along the Tertiary Drain (C).
5. Clean out the upland ditches that offer overflow connectivity along the Secondary Drain (B).
6. Establish a trail system along all three drain systems where possible to better allow for ongoing maintenance.
7. Install flow and water level monitoring stations at 4 locations: 1 on the south side of Bunnlevel Erwin Road and 1 on
each of the three drains north of the Bunnlevel Erwin Road
Cooperation from NC DOT has also been requested with installing culverts along Bunnlevel Erwin Road in the Primary
Drain (A) in addition to a clean-out of ditches within the community to increase the capacity of road side ditches to
handle increased water volume during heavy rains.
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Study Area
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Canal System
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Board Meeting
Agenda Item
MEETING DATE: March 7, 2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Shawtown Community Park Project Ordinance
REQUESTED BY: Carl Davis, Park and Recreation Director
REQUEST:
Parks and Recreation requests the acceptance and approval of the Shawtown Community
Park Project Ordiance.
Harnett County has worked over the past several years to revitalize the Shawtown campus
with the demolition and renovation of the several old school structures to create the
Shawtown Community Development Center. Part of this revitalization includes the develop
of a community park base upon community input. Park plans were developed in 2018, with
the goal of implementing these plans with revenue sources including the Parks Capital
Reserve Fund and State funding. Planned park amenities include a playground, picnic shelter,
walking trail, outdoor basketball court, and community garden.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 4
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SHAWTOWN COMMUNITY PARK
PROJECT ORDINANCE
BE IT ORDAINED by the Board of Commissioners of Harnett County, North Carolina, sitting as the
governing board for Harnett County.
Section 1. Harnett County has worked over the past several years to revitalize the Shawtown
campus with the demolition and renovation of the several old school structures to create
the Shawtown Community Development Center. Part of this revitalization includes the
develop of a community park base upon community input. Park plans were developed in
2018, with the goal of implementing these plans with revenue sources including the Parks
Capital Reserve Fund and State funding.
Section 2. The officers of this unit are hereby directed to proceed with the capital project within the
terms of the grant documents, loan documents, and the budget contained herein.
Section 3. The following amounts are hereby appropriated for this project:
Construction $ 212,500
Contingency $ 5,000
Total $ 217,500
Section 4. The following revenues are anticipated to be available to complete this project: State Capital Infrastructure Fund Directed Grant $ 100,325
Parks-Capital Reserve Fund $ 117,175
Total $ 217,500
Section 5. The Finance Officer is hereby directed to maintain within the Capital Project Fund
sufficient specific detailed accounting records to satisfy the requirements of the grantor
agency, the grant agreements, and federal regulations.
Section 6. Funds may be advanced from the General Fund for the purpose of making payments as
due. Reimbursement request should be made to the grantor in an orderly and timely
manner.
Section 7. The Finance Officer is directed to report, on a quarterly basis, on the financial status of
each project element in Section 3and on the total grant revenues received or claimed.
Section 8. The Budget Officer is directed to include a detailed analysis of past and future costs and
revenues on this capital project in every budget submission made to this Board.
Section 9. Copies of this capital project ordinance shall be furnished to the Clerk to the Governing
Board, and to the Budget Officer and the Finance Officer for direction in carrying out this
project.
Duly adopted this ___ day of _________, 2022. _________________________________
Lewis Weatherspoon, Chairman
Harnett County Board of Commissioners
ATTEST:________________________________
Melissa Capps, Clerk to the Board
Harnett County Board of Commissioners
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Board Meeting
Agenda Item
MEETING DATE: March 7, 2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: NC Emergency Management Capacity Building Competitive Grant
REQUESTED BY: Larry Smith, Emergency Services
REQUEST:
Harnett County Emergency Services is seeking Board approval to apply for the NC
Emergency Management Capacity Building Competitive Grant (CBCG). This grant is a zero
county match, NCEM reimbursible grant. This grant is based on NCEMs FY 22 Target
Funding Priorities for response and recovery operations. Our proposal includes two projects
that will target two of NCEM's top priorities.The first project is the upgrade of our
emergency Operations Centers aging audio visual equipment ($89,468.57), this project fits
into NCEMs Priority 1 category.The second project is for the purchase of two rapid
deployment multi use shelters ($163,134.64) this project fits into NCEMs Priority 2 category.
We will be requesting a total of $275,000. to cover any cost increases on materials during the
period of the grant.These two projects would enhance Harnett Couny Emergency Services
response and recovery operations for the future.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 6
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Harnett Emergency Management CBCG Project Proposal
Harnett County Emergency Management is seeking funding from a zero-match, NCEM reimbursed
Capacity Building Competitive Grant (CBCG) from North Carolina Emergency Management based off of
FY2022 Target Funding Priorities. Harnett County Emergency Management plans to use this grant to
(Priority 1) upgrade the Emergency Operations Center audio/visual system and (Priority 2) purchase two
rapid-deployment multi-use shelters. The estimated non-taxed total for both projects is $275,000.
Harnett County Emergency Management feels that these two proposed projects would align directly with
five out of the six target priorities set forth in this grant by the State, enhance all five FEMA Mission
Areas, and help accomplish several of the 32 Core Capabilities. An EOC A/V upgrade is sorely needed;
the current analog system was installed in 2010 and no longer operates independently. It has since been
temporarily piece-milled with digital components that replaced obsolete equipment. This temporary
solution provides little accommodation due to the complexity of operation. A new digital system provides
the EOC staff with the latest multimedia advancements, integrates our EOC break out rooms, and
supports conferencing capabilities which enhances our ability to conduct hybrid or virtual EOC
operations consistent with social distancing practices. The two rapid-deployment multi-use shelters are
needed to provide emergency operational support structures, to enhance shelter support with temporary
showering, and to enhance HAZMAT response by providing on-scene decontamination capabilities.
These grant-funded project opportunities align with Harnett County’s mission of “effectively and
efficiently delivering high quality County services” and its vision of “a unified, safe, healthy, and engaged
community” set forth in the Harnett County 2032 Strategic Plan.
Grant Specifications Overview:
- The NCEM CBCG is eligible to County Emergency Management agencies established in
accordance with G.S. 166A-19.15 located in counties with a population of 210,000 or fewer,
based upon the 2019 Certified County Population Estimates from the State Demographer in the
Office of State Budget and Management.
- Agencies may submit only one application per year, however, up to three separate projects may
be awarded in a single application.
- It is a competitive grant with a single award cap of $400,000 per county.
- Project dates must coincide with the period of performance, ending June 30, 2023. The grant will
be awarded June 1, 2022. The application deadline is April 15, 2022.
- There is no match requirement imposed on grant funds provided under the CBCG program.
- NCEM will distribute awarded funds to sub-recipients by a reimbursement of expenditures in
conjunction with the timely submission of corresponding Fiscal and Programmatic Reports.
- The FY2022 Target Priorities for funding are: preparedness initiatives, increasing local mass
care and human services capacity, improving incident management/coordination capacity,
improving EOC capabilities to include technology initiatives for continuity of operations
purposes, resiliency initiatives, and other items supported by a documented local or regional risk
assessment/THIRA.
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Harnett Emergency Management CBCG Project Proposal
- Targeted Mission Areas: Prevention, Protection, Mitigation, Response and Recovery. Targeted
Core Capabilities: Environmental Response/Health and Safety, Mass Care Services, Public
Health/Healthcare/Emergency Medical Services, Health and Social Services, Planning,
Operational Coordination, Intelligence and Information Sharing, Situational Assessment, and
Operational Communications.
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BYLAWS
HARNETT COUNTY COMMISSION
FOR WOMEN AND YOUTH
ARTICLE I — NAME
This organization shall be known as the Harnett County Commission for Women and Youth and hereafter is
referred to as HCCWY.
ARTICLE II — OBJECTIVES
Section 1. To educate and advocate on behalf of Harnett County women and youth.
Section 2. To acknowledge and honor women and youth and their role as vital contributors to
Harnett County.
Section 3. To identify and assess the needs of Harnett County women and youth.
Section 4. To cooperate with groups and individuals involved in activities on the status of women and youth.
Section 5. To provide information to the Harnett County Board of Commissioners on
the needs and the issues important to Harnett County women and youth.
Section 6. To seek support from the Harnett County Board of Commissioners for
program funding and the passage of laws relating to the needs of women and youth in
the County.
ARTICLE III — MEMBERSHIP
Section 1. The HCCWY will consist of no more than 15 10 citizens appointed by the Harnett
County Board of Commissioners.
a.One Two members shall be appointed from each of the five
Commissioners' districts. Individuals that work in Harnett County, but are not
residents of Harnett County shall be eligible for nomination of membership to the
HCCWY as a representative of the district in which they work. These five ten
members shall be appointed for three-year terms.
b.Up to ten members shall be appointed from Harnett CountyIf a vacancy exist and the
Commissioners do not receive an application for a qualified candidate from that district, the
Commissioners may fill the vacancy with an “at-large.” member. These members shall
likewise be appointed for three-year terms.
Section 2. Members shall be residents of or work in Harnett County.
Section 3. Each member shall actively support the work of the HCCWY and serve on at
least one committee.
Item 7
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Section 4. All members of the HCCWY shall abide by the provisions of the Harnett
County Ethics Policy.
Section 5. Any member wishing to resign from the HCCWY shall do so by submitting a letter
to the Harnett County Board of Commissioners. The resigning member shall supply
a copy of the resignation letter to the HCCWY Chair.
Section 6. If a member does not attend in any calendar year at least 75% of the scheduled
meetings of HCCWY, she may be asked to resign by the Harnett County Board of
Commissioners. Failure to attend at least 75% of such scheduled meetings in any
calendar year shall constitute cause for removal by the Board if the individual refuses
to resign. Such absences shall also be a consideration by the Harnett County Board
of Commissioners in whether an individual may be re-appointed to a position. The
chair of HCCWY shall make regular reports (no less often than every six months) to
the clerk of the Harnett County Board of Commissioners of membership attendance.
Section 7. A member shall notify the Chair or another member prior to the monthly HCCWY
meeting or no later than three days following the meeting of the reason for any
absence.
ARTICLE IV — OFFICERS
Section 1. The officers shall be Chair, Vice Chair, and Secretary.
Section 2. Members who have served on the HCCWY for at least one year shall be eligible for
nomination as Chair. All other members shall be eligible for nomination to other
offices.
Section 3. Officers shall be nominated, elected and serve as follows:
a. Any member may nominate any eligible member for officer positions.
b. The Chair shall take nominations from the membership each May.
c. Officers shall be elected by a simple majority of votes cast by members present at
the June meeting. Members shall vote by a show of hands.
d. Officers shall serve one-year terms which begin in July of the year of their election
and end on the last day of June of the following year or until their successors are
elected.
Section 4. No member shall hold the same office for more than two consecutive terms except
upon the request and approval of the HCCWY.
Section 5. Any member wishing to resign from office shall do so by submitting a letter of
resignation to the HCCWY Chair.
Section 6. If an office becomes vacant, the Chair shall appoint a new officer to serve the
remainder of the term.
ARTICLE V — DUTIES OF OFFICERS
Section 1. The Chair shall:
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a. Appoint committee Chairs.
b. Appoint committee members.
d. Serve as ex-officio member on all committees.
e. Name ad-hoc committees and subcommittees as needed.
f. Appoint members to vacated offices.
g. Call and preside at all meetings.
h. Prepare the monthly meeting agenda and submit said agenda to the Secretary the
Monday one week prior to the month’s meeting.
i. Provide updates on HCCWY activities to the Harnett County Board of
Commissioners during noticed Board of Commissioners Meetings or Work Sessions
at least once a year, or as often as required by the Board of Commissioners.
Section 2. The Vice Chair shall:
a. Assume the duties of the Chair in the absence of the Chair.
b. Serve as Chair until the election of officers if the elected Chair resigns or is
removed from that office.
d. Perform other duties needed to carry out the work of HCCWY.
e. Ensure that new members are orientated to the work of HCCWY.
f. Assume the duties of the Secretary in the absence of the Secretary and Treasurer.
Section 3. The Secretary shall:
a. Take the minutes of the HCCWY meetings, email copies of minutes from previous
month’s meeting, one week prior to the next months scheduled meeting and provide
hard copies at monthly meeting.
b. Distribute the upcoming meeting agenda to members one week prior to any
scheduled meeting.
c. Oversee registration and distribution of materials at HCCWY events.
d. Keep a record of member attendance.
e. Tally and record the election votes.
f. Perform other duties needed to carry out the work of HCCWY.
g. Advise members of mailings, activities, problems or events pertaining to
HCCWY.
h. Carry out public relation duties for the HCCWY.
i. Assume the duties of the Chair in the absence of the Chair and Vice Chair.
ARTICLE VI — MEETINGS
Section 1. HCCWY meetings shall be held monthly except when otherwise ordered by the
Chair. The meetings shall be the fourth Tuesday of the month at 6 pm unless the
Harnett County government is closed due to inclement weather or a State or National
holiday. The meetings shall be held at the Harnett County Governmental Complex
located in Lillington, NC.
Section 2. Committee meetings shall be called by the Committee Chairs at least once a month.
The Committee Chair shall choose the method of the meeting, which can be in
person, by email, by phone, or by other electronic means.
Section 3. In accordance with the laws of the State of North Carolina, all HCCWY meetings
shall be open to the public.
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Section 4. A simple majority of member’s present shall constitute a quorum.
Section 5. In the event that the Chair, Vice Chair, and Secretaryare unable to attend a regularly
scheduled monthly meeting or must leave the meeting early, then the members
present shall elect a chairman pro tempore to preside over that meeting and a
secretary pro tempore to take the minutes. In the event that only one Officer is present
at the regularly scheduled monthly meeting and is assuming the duties of the Chair,
then the members present shall elect a secretary pro tempore to take the minutes. The
return of or arrival of the Chair, Vice Chair, Secretary, or Treasurer, or the
adjournment of the meeting, whichever shall occur first, shall terminate the
appointment of the chairman pro tempore. The return of or arrival of two Officers or
the adjournment of the meeting, whichever shall occur first, shall terminate the
appointment of the secretary pro tempore.
ARTICLE VII — EXECUTIVE COMMITTEE
Section 1. The HCCWY elected officers shall constitute the Executive Committee.
Section 2. A majority of Executive Committee members shall constitute a quorum.
Section 3. Meetings may be called by the Chair or at the written request of two Executive
Committee members. The officers may invite to the meeting other members
needing to be present to execute HCCWY business.
Section 4. The Executive Committee shall:
a. Have general supervision over the affairs of HCCWY between regular meetings.
b. Make recommendations to HCCWY relative to its mission, scope, and affairs.
c. Perform such other duties as are specified by HCCWY or the Bylaws.
d. It shall work closely with the HCCWY members, Harnett County Board of
Commissioners, and Harnett County Government staff.
ARTICLE VIII — COMMITTEES
Section 1. The Standing Committees shall be Program, Public Relations, and Legislative. The
newly elected Chair shall appoint Standing Committee Chairs and members
following the June election of officers, except when directed otherwise in the Bylaws.
Section 2. The Program Committee shall consist of at least three members. The Program Chair
shall present at the September HCCWY meeting a proposal of projects and programs
for the ensuing year. The Committee will coordinate and oversee these, unless
otherwise directed by the HCCWY Chair.
Section 3. The Public Relations Committee shall consist of at least three members. It shall
review the Directory annually and update it if the Committee considers it advisable.
It shall consider and/or establish a Speaker's Bureau and shall carry out activities that
promote and facilitate the work of the Commission. It shall maintain contact with
members as directed by the HCCWY Chair and shall assist with maintaining the
HCCWY website.
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Section 4. The Legislative Committee shall consist of at least three members. It shall inform
HCCWY of federal, state and local legislation that may be important to women and
youth, and shall recommend appropriate action to be taken by HCCWY. It shall
consider partnering with a non-partisan group to develop opportunities to learn more
about Legislation that may be important to women and youth. It shall review the
HCCWY Bylaws annually and shall receive, consider, and initiate revisions and
amendments.
ARTICLE IX — PARLIAMENTARY AUTHORITY
The rules in Robert's Rules of Order Newly Revised shall govern the HCCWY in all cases in which
they are applicable and in which they are not inconsistent with these Bylaws and those of the Harnett
County Board of Commissioners.
ARTICLE X — AMENDMENTS
These Bylaws may be amended, altered, repealed, or restated by a vote of the majority of the Harnett
County Board of Commissioners.
ARTICLE IX— POLICIES
Alumna Volunteers
A retired member of HCCWY, may maintain a more formal relationship with the HCCWY by
declaring that she wishes to be a HCCWY alumna volunteer. This will expand HCCWY services and
form a more readily accessible group of volunteers to assist with programs and projects as well as
providing a continuum of information, historical or new.
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MEMORANDUM
To: Harnett County Board of Commissioners
From: Brian Haney, Assistant County Manager
Subject: Disposition of Former Benhaven School Pre-K Building
Date: March 1, 2022
Harnett County acquired the former Benhaven School Campus from the Harnett County Board of
Education in October 2019, following construction of a new Benhaven Elementary School. The property
included five buildings – the main two-story classroom building, the original classroom building and
cafeteria, the gymnasium and attached classrooms, media center, and Pre-K building. The cafeteria
building was demolished to make room for additional parking and improved access to the campus. The
gymnasium and attached classrooms have been identified by Harnett County Schools as the desired
location of an early college in western Harnett County. The former media center has been identified as an
ideal site for Parks & Recreation to establish a Community Center & Library, similar to what is currently
operating at the former Boone Trail School. Staff also desire to renovate the two-story classroom building
once funding is identified to provide additional County services and to allow for the use of the
auditorium. That leaves the Pre-K building, which is located on the western end of the campus apart from
the other three remaining buildings and adjacent to a separate driveway off of Benhaven School Road.
Prior to receiving the property, the County engaged Ellington Design Group to perform a Code
Evaluation Report for the former Benhaven School campus, which was completed in June 2019. The
report provided cost estimates to renovate each building on the campus “based on the minimum
renovation required to occupy the building and exterior improvements to make the building weather
resistant.” The cost estimate to renovate the former Pre-K building was $364,260. Again, this estimate is
from 2019, and would likely be considerably higher today.
Staff have explored possible options for the Pre-K building, however have not identified a viable use for
the building that would warrant the cost of renovating it. We believe County funds would be better used
on the remaining buildings on the campus. Alternative options for the Pre-K building are to demolish the
property, renovate and lease it, or donate or sell it. There would be a cost to demolish the building, though
substantially less than the cost of renovation. Leasing the property would still require the County to fund
renovation and find a suitable tenant. Selling the property would generate revenue that could be put
towards other needs on the property.
The County engaged the Timmons Group to design a new parking lot for the campus to allow for its reuse
by the County to provide recreational and other County services, and by Harnett County Schools to
operate an Early College on the site. As part of their scope, the Timmons Group has been tasked with
recombining the property into two parcels – one that includes just the Pre-K building, and another that
includes the rest of the campus.
To date, the County has received two inquiries regarding the possibility of purchasing the Pre-K building,
though no formal offers have been received. One inquiry was from a preschool. The Board was also
approached by the nonprofit Veteran Harbor in July 2021, which requested the County donate the
property to the organization to allow them to renovate the space to provide temporary housing for
homeless veterans. Given that the Pre-K building would be located on the same campus as an early
Item 9
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college, recreation and Library programs, certain uses may not be compatible with County and school
operations.
The property is currently zoned RA-20R, meaning the following uses would be permitted without
approval from the Board: residential structures, churches, family care facilities, schools, parks, farms,
nurseries, fire/police/EMS facilities, and community centers. There is also a valid Special Use Permit for
a daycare facility at this site. Should the Board desire to sell or donate the property, certain restrictions
may be placed on the property in order to protect the County’s interest. Additionally, whoever acquires
the Pre-K building will be required to install a separate septic tank for the property.
The Harnett County Tax Department has also been engaged to obtain the fair market value of the Pre-K
building property. An initial estimated value has been provided as part of the 2022 Reappraisal, however
should the Board wish to sell the property, Tax Department staff will conduct a more thorough
assessment of the property to provide a more accurate value.
At this point, staff requests the Board provide direction on how you wish to dispose of the Pre-K building.
Excerpts from the June 28, 2019 Code Evaluation Report including the campus layout and cost estimate
are included along with this memo, as is the preliminary plat prepared by the Timmons Group.
Please contact me with any questions you have on this matter.
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Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
DIVISION OF AVIATION
1560 MAIL SERVICE CENTER
RALEIGH, NC 27699-1560
Telephone: (919) 814-0550
Fax: (919) 840-9267
Website: www.ncdot.gov/aviation
Location:
RDU AIRPORT
1050 MERIDIAN DRIVE
MORRISVILLE, NC 27560
February 23, 2022
Anna Peele
HARNETT COUNTY
DBA HARNETT REGIONAL JETPORT
PO Box 760
LILLINGTON NC 27546-0760
Request for Aid(Application) #: 1000013222
Program: AV_STATE_GRANT
WBS # : 36244.35.9.1
Project : CAPITAL IMPROVEMENTS
SUBJECT: APPROVAL OF REQUEST FOR AID APPLICATION
Dear Anna Peele:
The NCDOT-Division of Aviation has completed its final review of your above referenced Request for Aid for
Harnett Regional Jetport in the amount of $ 6,000,000.00. Your Request for Aid is approved to proceed to the
next stage of the funding process.
Attached to the online Request for Aid application is the grant agreement for the funding of WBS #36244.35.9.1,
including State Assurances. Federal agreements will also include Federal Block Grant Assurances and Airport
Improvement Program Certifications.
Agreement Signature Process
• Sponsors using DocuSign will receive a separate email from DocuSign with instructions
• Sponsors not using DocuSign will print one copy and complete the signature page
o (the first page date is left blank and to be completed by NCDOT)
• Sponsor will upload the signed agreement into EBS/Partner Connectunder the application
• Sponsor must sign and upload all seven AIP Sponsor Certifications for all federal grant agreements
• Sponsor will EMAIL DOTAviationGrants@ncdot.gov that the signed agreement has been uploaded
• DoA will have the sponsor signed agreement executed by the Secretary of Transportation (or his designee)
• DoA will upload the fully signed agreement into EBS/Partner Connect and notify the sponsor via email.
Should you have any questions, please do not hesitate to contact your regional Airport Project Manager or visit our
website at:
https://connect.ncdot.gov/municipalities/State-Airport-Aid/Pages/default.aspx
Item 11
HCBOC ws 030122 pg. 59
The NCDOT Division of Aviation appreciates your commitment and contribution to our state aviation system and
we are excited to partner with you on this grant.
Sincerely,
Bobby L. Walston, PE
Director of Aviation
HCBOC ws 030122 pg. 60
NCDOT – AIRPORT Sponsor SCIF GRANT AGREEMENT – 2/2022 Page 1 of 14
GRANT AGREEMENT
STATE CAPITAL AND INFRASTRUCTURE FUND
(SCIF) GRANT AGREEMENT
AIRPORT: HARNETT
REGIONAL
JETPORT BETWEEN
THE N. C. DEPARTMENT OF TRANSPORTATION,
AN AGENCY OF THE STATE OF NORTH CAROLINA
AND PROJECT/WBS NO: 36244.35.9.1
HARNETT COUNTY
This Agreement is hereby made and entered into by and between the NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION (hereinafter referred to as “Department”) and HARNETT COUNTY, the public agency owning
the HARNETT REGIONAL JETPORT (hereinafter referred to as “Sponsor”).
This agreement shall be effective on and shall terminate on JUNE 30, 2024, with the
option to extend, if mutually agreed upon, through a written modification.
W I T N E S S E T H
WHEREAS the Sponsor is authorized by this agreement to use funds for capital improvements at the HARNETT
REGIONAL JETPORT as referenced in the Current Operations Appropriations Act, Session Law (SL) 2021-180,
amended by SL 2021-189 and listed in the Joint Conference Committee Report on the Current Operations Appropriations
Act of 2021 for Senate Bill 105.
WHEREAS the Sponsor has been notified of available funds by the Department and has provided the required
documentation as described in this agreement to the Department; and
WHEREAS a grant in the amount of $6,000,000 of State Capital and Infrastructure Funds will be provided to the
Sponsor according to the payout schedule, conditions, and limitations herein; and
WHEREAS, pursuant to NC GS 63-68 (2), the Department may, in its discretion, conduct safety projects or
programs to improve the safety and planning of the air transportation system.
NOW THEREFORE, the Sponsor and the Department do mutually hereby agree as follows:
1) The Sponsor agrees to use the funds toward the capital improvement project(s) as submitted on the Proposed
Project(s) List (AV-106) form in the amount(s) recorded. The Sponsor may revise this form but must keep the AV-
106AV-106 updated and current in the Department’s Enterprise Business System (EBS).
HCBOC ws 030122 pg. 61
NCDOT – AIRPORT SPONSOR SCIF GRANT AGREEMENT – 2/2022 Page 2 of 14
2) The Sponsor acknowledges it will provide the following documentation prior to issuance of a ny funds into the
Department’s online Enterprise Business System (EBS):
(a) Proposed Project(s) List (AV 106) – Attachment 1
(b) Sponsor’s adopted policy addressing conflicts of interest – Attachment 2
(c) Sworn Statement of no overdue tax debts – Attachment 3
3) Work performed under this Agreement shall conform to the approved project (s) listed and described on the latest
AV-106 loaded and approved in the Department’s EBS.
4) The Sponsor agrees to comply and assures the compliance by each of its third-party contractors and subrecipients at
any tier, with the provisions of GS § 143-59.2, “Certain vendors prohibited from contracting with State.” GS § 133-
32 and Executive Order 024 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone
with a contract with the State, or from any person seeking to do business with the State. By execution of any
response in this Agreement, you attest, for your entire organization and its employees or agents that you are not
aware that any such gift has been offered, accepted, or promised by any employees of your organization. This
prohibition covers those vendors and contractors who:
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.
5) The Sponsor certifies that it has adhered to all applicable laws, regulations, and procedures in the request for and the
Sponsor's approval of the Agreement.
6) Pursuant to GS 143C-6-8, the Sponsor understands and agrees that funding shall be subject to the availability of
appropriated funds. However, in the event of agreement termination due to lack of adequate appropriated funds, the
Department will ensure that it will pay for services and goods acquired and obligated on or before the notice of
agreement termination.
7) The Sponsor agrees, as a Federally obligated airport, to adhere to all federal laws and requirements that apply to the
project(s) identified in the AV-106. This includes, but is not limited to, planning, environmental, FAA justification,
and civil rights requirements. Sponsor acknowledges its responsibility to ascertain all applicable federal laws and
requirements and ensure Sponsor’s compliance therewith.
8) Sponsor agrees to adhere to state and local laws and requirements that apply to the project(s) identified in the AV-
106. Sponsor acknowledges its responsibility to ascertain all applicable state and local laws and requirements and
ensure Sponsor’s compliance therewith.
9) The applicable federal, state and local laws to which Sponsor will adhere, include, but are not limited to, all statutory
provisions outlined in GS 143C-6-22, Use of State funds by non-State entities, GS 143C-6-23, State grant funds:
administration; oversight and reporting requirements, 9 NC Administrative Code Subchapter 3M and the
requirements found in SL 2021-180, Section 5.2; 5.3; and 40.8 as amended by SL 2021-189 .
HCBOC ws 030122 pg. 62
NCDOT – AIRPORT SPONSOR SCIF GRANT AGREEMENT – 2/2022 Page 3 of 14
10) The Sponsor certifies that it holds fee simple title to the property on which this project is to be constructed. In the
event any work is proposed on property which has an easement or lease in the Sponsor's name, the Sponsor agrees
that it will comply with the Division's conditions and receive writt en approval prior to any construction on such
lease or easements. This condition does not apply to planning projects.
11) The Sponsor agrees to operate the Airport for the use and benefit of the general public and shall not deny reasonable
access to public facilities by the general public per GS 63-65.
12) The Sponsor agrees to operate, maintain, and control the Airport in a safe and serviceable condition for a minimum
of twenty (20) years following the date of this Agreement and shall immediately undertake, or cause to be undertaken,
such action to correct safety deficiencies as may be brought to its attention by the Department.
13) The Sponsor agrees that any land purchased, facilities constructed, or equipment acquired under this Agreement shall
not be sold, swapped, leased, or otherwise transferred from the control of the Sponsor without written approval of the
Department.
14) The Sponsor agrees that the state share of any land purchased, facilities constructed, or equipment acquired under this
Agreement shall be credited to the Department in a manner acceptable to the Department in the event such land,
facilities, or equipment are subsequently disposed of through sale or lease.
15) Insofar as it is within its power and reasonable, the Sponsor shall, either by the acquisition and retention of property
interest, in fee or easement, or by appropriate local zoning action, prevent the construction of any object which may
constitute an obstruction to air navigation under the appropriate category of Federal Air Regulation Part 77, 14 CFR
77.
16) Insofar as it is within its power and reasonable, the Sponsor shall restrict the use of land adjacent to or in the immediate
vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and
taking off of aircraft, and the noise produced by such operations by adoption of zoning laws, by acquisition and the
retention of property interest, in fee or easement.
17) Terminal building spaces constructed under this Agreement shall be for the use of the general public. The Sponsor
agrees that it will not use any space so constructed for private use, or charge fees for the use of such space, without
the written approval of the Division.
18) This Agreement may not be assigned without the written consent of Department. Sponsor acknowledges and agrees
that in the circumstances involving assignment and subcontractors, neither Sponsor nor any subrecipient is relieved
of any of the duties and responsibilities of this Agreement. Sponsor further acknowledges and agrees that it will
ensure that any subrecipient agrees to abide by the standards contained in 09 NCAC Subchapter 3M and to provide
information in its possession that is needed by the recipient to comply with those standards.
HCBOC ws 030122 pg. 63
NCDOT – AIRPORT SPONSOR SCIF GRANT AGREEMENT – 2/2022 Page 4 of 14
19) Any amendments to or modification of the terms of this Agreement shall be in the form of a modified grant mutually
executed by the Sponsor and the Department.
1. DEPARTMENT’S DUTIES & PAYMENT PROVISIONS:
The Department shall ensure that funds allocated and disbursed pursuant to Session Law 2021 -180, as amended by SL
2021-189, comply with the intent and guidance found in these Session Laws and ensure compliance with related state
statutes and financial management standards.
The Department is subject to the following requirements:
a. Upon execution of this agreement and the Sponsor’s submission of documents identified in this contract, the
Department intends to pay the RECIPIENT as follows:
i. 50% of total amount, which is $3,000,000 by February 26, 2022, or with the first claim after execution of
the grant agreement.
ii. The remaining 50%, which is $3,000,000 by June 30, 2022.
b. Develop a quarterly financial and performance reporting document that shall incorporate the requirement s of 9 NCAC
Subchapter 3M.0205 and require the Sponsor to:
i. Provide an accounting for funds received, interest earned, funds expended.
ii. Provide activities, accomplishments and performance measures.
iii. Provide a list of employees and the amount of State funds used for each employee’s annual salary.
iv. Provide supporting invoices, contracts, payroll information or other documents to support expenditures.
c. Provide a secure method for submitting financial and performance reports.
d. Conduct financial and performance monitoring until the contract is completed.
e. Per 9 NCAC Subchapter 3M.0205, Sponsors that receive over $500,000, shall have a single or program-specific audit
prepared and completed in accordance with Generally Accepted Government Auditing Standards, also known as the
Yellow Book. Audits must be provided no later than nine months after the grantees fiscal year end. This audit is
required with the annual report.
f. Extend the term of this contract, if necessary, as funds will not revert until expended or the particular project has been
completed for SCIF Grants.
2. FUNDS MANAGEMENT:
The Sponsor agrees that funds paid through this grant agreement shall be subject to the following:
a. Accounted for in a separate fund and accounting structure within the Sponsor’s central accounting and / or grant
management system. This shall include accounting for interest earned on these funds and proof that any interest was
expended on a project identified on the AV 106.
b. All accounts payable disbursements, check register disbursements and related transactions shall be managed in a
detailed manner that supports fully transparent accounting of all financial transactions associated with this funding
allocations described in Section 1 above.
c. Expenditures 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 shoul d be used as guidelines. International travel
shall not be eligible under this Agreement.
HCBOC ws 030122 pg. 64
NCDOT – AIRPORT SPONSOR SCIF GRANT AGREEMENT – 2/2022 Page 5 of 14
d. If eligible, the Sponsor and all subrecipients shall:
i. Request from the North Carolina Department of Revenue a refund of all sales and use taxes paid by them
in the performance of this Contract, pursuant to NCGS 105-164.14; and
ii. Exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered
in their quarterly project status reports.
e. Cost of audit(s) can be charged to grant as described in 09 NCAC 03M.0205.
f. First payment shall be made as soon as practicable, but no later than 100 days after SL 2021-180 became law
(November 18, 2021).
3. POST-GRANT AWARD DOCUMENTATION REQUIREMENTS:
The Sponsor agrees to submit the required quarterly status report (QSR) via the Department’s Enterprise Business Systems
(EBS) on or before the 10th day following the end of each quarter. The first report is due on or before April 10, 2022, to
the Department. All reports and supporting documents shall include the Sponsor and all SUB-RECIPIENT information
and shall be submitted via QSR in EBS.
Sponsor and any SUB-RECIPIENTS agree that all program activity results and information shall be subject to review and
authentication as described in Section 6 and Sponsor will provide access to work papers, receipts, invoices and reporting
records, if requested by the Department, as the Department executes any monitoring or internal audit responsibilities.
Sponsors and SUB-RECIPIENTS receiving $500,000 or more shall have a single or program-specific audit prepared and
completed in accordance with Generally Accepted Government Auditing Standards, also known as the Yellow Book. The
audit report must be provided to the Department no later than nine months after the end of the Sponsor’s fiscal year. This
report shall be submitted to the Department via EBS or other acceptable method as identified by the Department. The cost
of an audit conducted in conformance with the Yellow Book is an allowable cost for this grant.
4. MONITORING AND AUDITING:
The Sponsor acknowledges and agrees that, from and after the date of execution of this Agreement and for five (5) years
following its termination, the books, records, documents, and facilities of the Sponsor are subject to being audited,
inspected and monitored at any time by the Department upon its request (whether in writing or otherwise). The Sponsor
further agrees to provide Department staff and staff of the Office of State Auditor with access to financial and accounting
records to support internal audit, financial reporting and related requirements.
The Sponsor acknowledges and agrees that, regarding the grant funds, it will be subject to the audit and reporting
requirements prescribed in GS 159-34, Local Government Finance Act – Annual Independent Audit, rules and regulations.
Such audit and reporting requirements may vary depending upon the amount and source of grant funding received by the
Sponsor and are subject to change.
HCBOC ws 030122 pg. 65
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5. PROJECT ADMINISTRATION
a. It is the policy of this State to encourage and promote participation by the Disadvantaged Business Enterprise Program
(MBE and WBE) in contracts let by the Department pursuant to GS 136-28.4 for the planning, design, preconstruction,
construction, alteration, or maintenance of State transportation infrastructure construction and in the procurement of
materials for these projects. All State agencies, institutions, and political subdivisions shall cooperate with the
Department of Transportation and among themselves in all efforts to conduct outreach and to encourage and promote
the use of disadvantaged minority owned and women owned businesses in these contracts. This is designed to ensure
DBE’s have maximum opportunity to participate in performance of contracts let using state funding. The Sponsor
assures and certifies with respect to this Agreement that they will pursue these requirements as stipulated by the
Department in the advertising, award, and administration of all contracts, and require the same fo r all contractors,
subrecipients, or subcontractors. The DBE Program is governed by GS 136-28.4 and administered in accordance with
Title 19A Chapter 02 Subchapter D Section .1101 - .1112 of the North Carolina Administrative Code.
b. All contractor(s) who bid or submit proposals for contracts in connection with this project must submit a statement of
non-collusion to the Sponsor.
c. It is the policy of the Department not to award funds to contractors who have been removed from the Department's
list of pre-qualified bidders without subsequent reinstatement. It shall be the responsibility of Sponsor to ensure that
only properly qualified contractors are given construction contracts for work.
6. REAL PROPERTY ACQUISITION
a. The acquisition of land, buildings, and other real property involving the use of these funds shall be in compliance with
this agreement and the provisions of this Section.
b. The Sponsor shall depict each parcel to be acquired on an airport property map containing the identity of the parcel
and its metes and bounds.
c. The acquisition cost of each parcel, building, or other real property acquired with state financial assistance shall follow
the Uniform Relocation Assistance and Real Property Acquisition Act and be based on the fair market value of the
property as determined by an appraisal process acceptable to the Department.
d. For each parcel, building, or real property, fair market value shall be established by an appraisal, completed by a
competent NCDOT approved appraiser and an appraisal review, completed by an NCDOT staff reviewer or
outsourced by the NCDOT to a competent consultant appraisal reviewer. For complex acquisitions, estimated claims
over $1,000,000 or estimated claims with over $250,000 in damages, fair market va lue shall be established by two
appraisals: one original appraisal and one review appraisal. In such cases, all other provisions of this Section shall
apply.
e. All original and review appraisals shall be conducted by qualified appraisers who have no fina ncial or other interest
in the property to be acquired.
f. The fair market value of a parcel will be established by the review appraiser based upon the information contained in
the original appraisal or appraisals.
HCBOC ws 030122 pg. 66
NCDOT – AIRPORT SPONSOR SCIF GRANT AGREEMENT – 2/2022 Page 7 of 14
g. No negotiation for property acquisition shall be commenced between the Sponsor and the property owner until the
fair market value of the property has been established. Initial negotiations shall be based upon the fair market value.
h. Negotiated values above the fair market value shall not be eligible for state funds unless, prior to the final agreement
for acquisition, the Sponsor has received the approval of the Department for paying such negotiated values in lieu of
the appraised fair market value.
i. Failure to follow the requirements of this Section shall disqualify the property from State participation for any parcel
which has not been acquired in accordance with such standards.
7. SITUS:
This Agreement shall be governed by the laws of North Carolina and any claim for breach or enforcement of this
Agreement shall be filed in State court in Wake County, North Carolina.
8. COMPLIANCE WITH LAW:
The Sponsor shall remain an independent Sponsor and as such shall be wholly responsible for the scope of work to be
performed under this Agreement and for the supervision of his employees and assistants. The Sponsor represents that it
has, or will 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 Department. The Sponsor
shall be responsible for compliance with all laws, ordinances, codes, rules, regulations, licensing requirements and other
regulatory matters that are applicable to the conduct of his business and work performance under this Agreement, including
those of Federal, State, and local agencies having appropriate jurisdiction.
9. TERMINATION OF AGREEMENT:
This agreement may be terminated by mutual consent upon sixty (60) days written noti ce to the other party, or as otherwise
provided by law. As soon as reasonably possible following termination of this agreement, the amount of any residual
unexpended funds shall be transferred to the Department.
10. AGREEMENT CLOSE-OUT PROCESS:
The Sponsor agrees to submit to the Department a complete performance and expenditure status report (final quarterly
report) within ninety (90) days after the completion of the project (s) or final expenditure date, whichever is later.
Unexpended funds should be promptly returned to the Department at this time.
Sponsor will be deemed noncompliant if its final report is not submitted within the 90 -day period stated above. Once the
complete final performance and financial status report package has been received and e valuated by the Department, the
Sponsor will receive official notification of agreement close-out. The letter will inform the Sponsor that the Department
is officially closing the agreement and retaining all agreement files and related material for a period of five (5) years or
until all audit exceptions have been resolved, whichever is longer.
HCBOC ws 030122 pg. 67
NCDOT – AIRPORT SPONSOR SCIF GRANT AGREEMENT – 2/2022 Page 8 of 14
APPENDIX A1
TITLE VI CLAUSES FOR COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS
Under this agreement, any funds utilized for the performance of any work by the Sponsor, for itself, its assignees, and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Title VI List
of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein
incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate
on the grounds of race, color, or national origin in the selection and retention of subcontractors, including
procurements of materials and leases of equi pment. The Contractor will not participate directly or indirectly in the
discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the
contract covers any activity, project, or program set forth in Appendi x B of 49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either
by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including
procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the
contractor of the contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the
grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources
of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be
pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any
information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the
information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and
will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non discrimination provisions
of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may
determine to be appropriate, including, but not limited to:
a. Withholding payments to the contractor under the contract until the contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every
subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations
and directives issued pursuant thereto. The contractor will take actio n with respect to any subcontract or procurement
as the Recipient or the FAA may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a
subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any
HCBOC ws 030122 pg. 68
NCDOT – AIRPORT SPONSOR SCIF GRANT AGREEMENT – 2/2022 Page 9 of 14
litigation to protect the interests of the Recipient. In addition, the Contractor may request the United States to enter
into the litigation to protect the interests of the United States.
HCBOC ws 030122 pg. 69
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APPENDIX A2
TITLE VI CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or
improvements thereon, or granting interest therein from the United States pursuant to the provisions of the Standard Title
VI/Nondiscrimination Assurances.
NOW, THEREFORE, the Federal Aviation Administration as authorized by law and upon the condition that the North
Carolina Department of Transportation (NCDOT) will accept title to the lands and maintain the project constructed thereon
in accordance with the North Carolina General Assembly, for the (Airport Improvement Program or other program for
which land is transferred), and the policies and procedures prescribed by the Federal Aviation Administration of the U.S.
Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal
Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally-assisted programs of the U.S Department of Transportation pertaining to and effectuating the provisions of Title
VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim
and convey unto the NCDOT all the right, title and interest of the U.S. Department of Transportation/Federal Aviation
Administration in and to said lands described in (Exhibit A attached hereto or other exhibit describing the transferred
property) and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the North Carolina Department of Transportation
(NCDOT) and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein
contained as follows, which will remain in effect for the period during which the real property or structures are used for a
purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services
or benefits and will be binding on the NCDOT, its successors and assigns.
The NCDOT, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a
covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color,
or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination
with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the
NCDOT will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements
imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office
of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation,
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that
in the event of breach of any of the above-mentioned nondiscrimination conditions, the Department will have a right to
enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to
and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest
existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to
make clear the purpose of Title VI.)
HCBOC ws 030122 pg. 70
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APPENDIX A3
TITLE VI CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the North
Carolina Department of Transportation (NCDOT) pursuant to the provisions of the Standard Title VI/Nondiscrimination
Assurances:
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case
of deeds and leases add "as a covenant running with the land"] that:
In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed,
license, lease, permit, etc.) for a purpose for which a Federal Aviation Administration activity, facility, or program is
extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee,
permittee, etc.) will maintain and operate such facilities and services in compliance with all requireme nts imposed by
the Nondiscrimination Acts and Regulations listed in the Pertinent List of Nondiscrimination Authorities (as may be
amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants,
the NCDOT will have the right to terminate the (lease, license, permit, etc.) and to enter, re -enter, and repossess said
lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Nondiscrimination covenants, the NCDOT will have
the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there
upon revert to and vest in and become the absolute property of the NCDOT and its assigns.*
(*Reverter clause and related language to be used only when it is determin ed that such a clause is necessary to make clear
the purpose of Title VI.)
HCBOC ws 030122 pg. 71
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APPENDIX A4
TITLE VI CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licen ses, permits, or similar instruments/agreements entered into by the
North Carolina Department of Transportation (NCDOT) pursuant to the provisions of the Standard Title
VI/Nondiscrimination Assurances.
A. The (grantee, licensee, permittee, etc., as appropria te) for himself/herself, his/her heirs, personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case
of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race, color, or
national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such
land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded
from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee,
lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the
List of Discrimination Acts and Authorities.
B. With respect to (licenses, leases, permits, etc.), in the event of breach of an y of the above nondiscrimination covenants,
the NCDOT will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re -enter and
repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had
never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above nondiscrimination covenants, the NCDOT will there
upon revert to and vest in and become the absolute property of the NCDOT and its assigns. *
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear
the purpose of Title VI.)
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APPENDIX A5
TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter
referred to as the "Contractor") agrees to comply with the following nondiscrimination statutes and authorities; including
but not limited to:
Pertinent Nondiscrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the
basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—
Effectuation of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits
unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs
and projects);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the
basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis
of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination
based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI
of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of
1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of
the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or
not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the
operation of public entities, public and private transportation systems, places of public accommodation, and certain
testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R.
parts 37 and 38;
• The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the
basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income
Populations, which ensures Nondiscrimination against minority populations by discouraging programs, policies, and
activities with disproportionately high and adverse human health or environmental effects on minority and low-income
populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting
agency guidance, national origin discrimination includes discrimination because of Limited English proficiency
(LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have
meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex
in education programs or activities (20 U.S.C. 1681 et seq).
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THE PARTIES BY LEGALLY BINDING SIGNATURE BELOW HEREBY EXECUTE THIS GRANT AGREEMENT
THE DAY AND YEAR FIRST WRITTEN BELOW:
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION:
BY: ____________________________________________________
Deputy Secretary for Multi-Modal Transportation or Designee
DATE: __________________________________________________
AUTHORIZED SIGNATURE FOR SPONSOR
(Approving Authority Board Member or Local Governing Official):
SIGNED: ________________________________________________
TITLE: __________________________________________________
DATE: __________________________________________________
AUTHORIZED SIGNATURE FOR CO -SPONSOR (if required)
(Approving Authority Board Member or Local Governing Official):
SIGNED: ________________________________________________
TITLE: __________________________________________________
DATE: __________________________________________________
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