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