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053023 work session packet (2)
WORK SESSION AGENDA REVISED Date: Tuesday, May 30, 2023 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 Matt Nicol 2.Pledge of Allegiance and Invocation – Commissioner Barbara McKoy 3.GREAT Grant update; Ira Hall, Chief Information Officer 4.Discuss a request to approve a Fireworks Permit for Anderson Creek POA; Larry Smith, EmergencyServices Director 5.Discuss a request to approve a Fireworks Permit for the Town of Lillington; Larry Smith, EmergencyServices Director 6.Discuss a request to move forward with the Motorola Letter of Intent for the ARPA MunicipalLaw Enforcement Agencies VIPER Radio Replacement project; Larry Smith, Emergency ServicesDirector 7.Discuss a request to approve the Bi-Tek Tax Office Software System Master Agreement; ChristineWallace, Acting Tax Administrator 8.Discuss a request to approve the Tritech Software Systems Software Maintenance and Supportcontract; Gary McNeill, Sheriff’s Department 9.Discuss a request to approve contract extensions for Chemical Supply Vendor contracts forHarnett County Regional WTP & WWTP’s; Steve Ward, Harnett Regional Water Director 10.Discuss a request to approve a contract for planning consulting services with Stewart, Inc. toupdate the Comprehensive Land Use Plan; Mark Locklear, Director, Development Services 11.Discuss a request to apply for USDA-NRCS Regional Conservation Partnership Program Funds fora Conservation Easement on 330 Acres in NW Harnett; Lynn Lambert, Natural ResourcesDirector/Conservation Education Coordinator 12.Discuss a request to update the Clinical Patient Fee Policy; John Rouse, Health Director 13.Discuss the appointment of two commissioners to the Harnett County Economic DevelopmentPartnership Board; Brent Trout, County Manager 14.Discuss FY 2023-24 Recommended Budget; Brent Trout, County Manager 15.Review applications to serve on Boards and Committees. 16.County Manager’s Report – Brent Trout, County Manager HCBOC 053023 revised ws Pg. 1 Harnett County Board of Commissioners Page | 2 •June 5, 2023 Regular Meeting Agenda Review •Upcoming meetings and invitations 17.Closed Session 18.Adjourn CONDUCT OF THE MAY 30, 2023 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 053023 revised ws Pg. 2 S:\Clerk to the Board docs\AGENDAS\2023\053023 ws\3 agendaform2023 Bright Speed GREAT grant.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: June 5, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: GREAT Grant update and award REQUESTED BY: Ira Hall, Chief Information Officer REQUEST: To provide the Board of Commissioners with an update on the GREAT grant, an introduction of Brightspeed and their plan to expand broadband in Harnett County. On April 20th, 2023 NCDIT Broadband Office awarded Brightspeed the GREAT grant for Harnett County. We also will review Exhibit J and Harnett County's matching contribution of ARP funds for the current GREAT grant. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 3 HCBOC 053023 revised ws Pg. 3 HCBOC 053023 revised ws Pg. 4 EXHIBIT J COUNTY MATCHING FUNDS County of Harnett hereinafter referred to as (“County”) is contributing $375,000.00 in matching funds to Connect Holding II, LLC d/b/a Brightspeed hereinafter referred to as (“Brightspeed”)as part of this Project. County is using ARPA INFRASTRUCTURE funds for this match. The funds will be wired to Brightspeed in full within 30 days in a manner satisfactory to Brightspeed after the County receives the final progress report for the Construction Period from the North Carolina Department of Information Technology. The County and the Grantee will notify NCDIT of any changes to this Exhibit within 30 days of such change(s). A copy of the Memorandum of Understanding approving these payments is attached. COUNTY OF HARNETT CONNECT HOLDING II, d/b/a BRIGHTSPEED Name: ___Brent Trout__________________ Name: ______________________________ Signature: ___________________________ Signature: ___________________________ Title: ___County Manger_______________ Title: _______________________________ Date: _______________________________ Date: _______________________________ HCBOC 053023 revised ws Pg. 5 S:\Clerk to the Board docs\AGENDAS\2023\053023 ws\4 Anderson Creek Fireworks Permit 23.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: June 5, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Anderson Creek POA Fireworks Permit Approval REQUESTED BY: Larry Smith, Emergency Services REQUEST: Emergency Services is requesting the approval of the fireworks application from East Coast Pyrotechnics for a Fireworks shoot at Anderson Creek POA on July 1, 2023 this display is scheduled for 9:30p.m. East Coast Pyrotechnics meets all requirements and has met fire code compliance for the events, we recommend approval. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 4 HCBOC 053023 revised ws Pg. 6 HCBOC 053023 revised ws Pg. 7 HCBOC 053023 revised ws Pg. 8 HCBOC 053023 revised ws Pg. 9 HCBOC 053023 revised ws Pg. 10 HCBOC 053023 revised ws Pg. 11 HCBOC 053023 revised ws Pg. 12 HCBOC 053023 revised ws Pg. 13 HCBOC 053023 revised ws Pg. 14 HCBOC 053023 revised ws Pg. 15 HCBOC 053023 revised ws Pg. 16 HCBOC 053023 revised ws Pg. 17 HCBOC 053023 revised ws Pg. 18 HCBOC 053023 revised ws Pg. 19 HCBOC 053023 revised ws Pg. 20 HCBOC 053023 revised ws Pg. 21 HCBOC 053023 revised ws Pg. 22 S:\Clerk to the Board docs\AGENDAS\2023\053023 ws\5 Lillington July 4 Fireworks.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: June 5, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Town of Lillington Fireworks Permit Approval REQUESTED BY: Larry Smith, Emergency Services REQUEST: Emergency Services is requesting the approval of the fireworks application from Pyro Shows East Coast for a fireworks shoot for the Town of Lillington on July 4, 2023 this display is scheduled for 9:00p.m. Pyro Shows East Coast meets all requirements and has met fire code compliance for the events, we recommend approval. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 5 HCBOC 053023 revised ws Pg. 23 HCBOC 053023 revised ws Pg. 24 HCBOC 053023 revised ws Pg. 25 HCBOC 053023 revised ws Pg. 26 HCBOC 053023 revised ws Pg. 27 HCBOC 053023 revised ws Pg. 28 HCBOC 053023 revised ws Pg. 29 HCBOC 053023 revised ws Pg. 30 HCBOC 053023 revised ws Pg. 31 HCBOC 053023 revised ws Pg. 32 HCBOC 053023 revised ws Pg. 33 HCBOC 053023 revised ws Pg. 34 HCBOC 053023 revised ws Pg. 35 HCBOC 053023 revised ws Pg. 36 HCBOC 053023 revised ws Pg. 37 HCBOC 053023 revised ws Pg. 38 HCBOC 053023 revised ws Pg. 39 S:\Clerk to the Board docs\AGENDAS\2023\053023 ws\6 VIPER Municipal LE.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: June 5, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: ARPA VIPER Radio Municipal Law Enforcement Motorola Letter of Intent REQUESTED BY: Larry Smith, Emergency Services REQUEST: Harnett County Emergency Services is seeking Board approval to move forward with the Motorola Letter of Intent for the ARPA Municpal Law Enforcement Agencies VIPER Radio Replacement project. This letter of intent provides a set cost from Motorola for our project and we will not face a cost increase by utilizing this process. Costs are expected to increase July 1st. A letter of Intent was utilized for the County VIPER Project. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 6 HCBOC 053023 revised ws Pg. 40 QUOTE-2169521 HARNETT COUNTY EMERGENCY SERVICES 05/18/2023 The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity providing this quote(“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner toanyone other than those required to evaluate the Information without the express written permission of Motorola.MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are theproperty of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. HCBOC 053023 revised ws Pg. 41 Billing Address: HARNETT COUNTY EMERGENCY SERVICES 1005 EDWARDS BROS DR LILLINGTON, NC 27546 US Shipping Address: HARNETT COUNTY EMERGENCY SERVICES 1005 EDWARDS BROS DR LILLINGTON, NC 27546 US Quote Date:05/18/2023 Expiration Date:07/01/2023 Quote Created By: John Briggs MR johnbriggs@callmc.com 910 237 2635 End Customer: HARNETT COUNTY EMERGENCY SERVICES Larry Smith ltsmith@harnett.org 910 984 6297 Contract: 19144 - 725G NORTH CAROLINA, STATE OF (NON-ARIBA BASED POS) Payment Terms:30 NET Line # Item Number Description Qty List Price Contract Price Ext. Sale Price APX™ 6500 / Enh Series ENHANCEDAPX6500 1 M25URS9PW1BN APX6500 ENHANCED 7/800 MHZ MOBILE 121 $9,027.12 $6,548.46 $792,363.66 1a GA00318AF ENH: 5 YEAR ESSENTIAL SVC 121 1b G831AD ADD: SPKR 15W WATER RESISTANT 121 1c GA00580AA ADD: TDMA OPERATION 121 1d G51AU ENH: SMARTZONE OPERATION APX6500 121 1e G67DT ADD: REMOTE MOUNT E5 APXM 121 1f GA01606AA ADD: NO GPS/WI-FI ANTENNA NEEDED 121 1g GA09001AA ADD: WI-FI CAPABILITY 121 1h G843AH ADD: AES ENCRYPTION AND ADP 121 QUOTE-2169521 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 2 HCBOC 053023 revised ws Pg. 42 Line # Item Number Description Qty List Price Contract Price Ext. Sale Price 1i G444AH ADD: APX CONTROL HEAD SOFTWARE 121 1j G806BL ENH: ASTRO DIGITAL CAI OP APX 121 1k GA01670AA ADD: APX E5 CONTROL HEAD 121 1l W22BA ADD: STD PALM MICROPHONE APX 121 1m GA01630AA ADD: SMARTCONNECT 121 1n W969BG ADD: MULTIKEY OPERATION 121 1o G174AD ADD: ANT 3DB LOW-PROFILE 762-870 121 1p G361AH ENH: P25 TRUNKING SOFTWARE APX 121 APX™ 6000 Series APX6000 2 H98UCF9PW6BN APX6000 700/800 MODEL 2.5 PORTABLE 121 $7,857.00 $5,667.21 $685,732.41 2a H869BZ ENH: MULTIKEY 121 2b QA01833AH ADD: EXTREME 1-SIDED NOISE REDUCTION 121 2c Q361AR ADD: P25 9600 BAUD TRUNKING 121 2d QA00580AC ADD: TDMA OPERATION 121 2e Q887AU ADD: 5Y ESSENTIAL SERVICE 121 2f QA09001AB ADD: WIFI CAPABILITY 121 2g H38BT ADD: SMARTZONE OPERATION 121 2h QA07682AA ADD: SMARTCONNECT 121 2i Q806BM ADD: ASTRO DIGITAL CAI OPERATION 121 2j Q629AK ENH: AES ENCRYPTION AND ADP 121 QUOTE-2169521 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 3 HCBOC 053023 revised ws Pg. 43 Line # Item Number Description Qty List Price Contract Price Ext. Sale Price 3 PMNN4485A BATT IMPRES 2 LIION R IP68 2550T 121 $168.63 $119.73 $14,487.33 4 NNTN8860A CHARGER, SINGLE-UNIT, IMPRES 2, 3A, 115VAC, US/NA 121 $186.50 $132.42 $16,022.82 5 HLN6875A BELT CLIP 3 INCH 121 $14.04 $9.97 $1,206.37 6 PMMN4099CL AUDIO ACCESSORY- REMOTE SPEAKER MICROPHONE,IP68 REMOTE SPEAKER MICROPHONE,3.5MM,UL 121 $142.56 $101.22 $12,247.62 Product Services 7 LSV00Q00202A DEVICE PROGRAMMING 246 $50.00 $48.00 $11,808.00 8 LSV00Q00203A DEVICE INSTALLATION 121 $275.00 $264.00 $31,944.00 9 LSV01Q00387A ASTRO TECHNICAL ASSISTANCE 5 $336.88 $323.40 $1,617.00 FLASHport Series APX6000FLASHPORT 10 T7664A DIGITAL SMARTZONE 1 $1,366.00 $969.86 $3,879.44 10a QA07682AB ADD: SMARTCONNECT 4 10b QA09001AC ENH: WI-FI CAPABILITY FLP 4 10c H869CC ENH: MULTIKEY 4 10d QA00580AE ENH: TDMA OPERATION 4 Subtotal $1,571,308.65 Estimated Tax $109,991.61 Grand Total $1,681,300.26(USD) Notes: QUOTE-2169521 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 4 HCBOC 053023 revised ws Pg. 44 Purchase Order Checklist Purchase Order Checklist Marked as PO/ Contract/ Notice to Proceed on Company Letterhead (PO will not be processed without this) PO Number/ Contract Number PO Date Vendor = Motorola Solutions, Inc. Payment (Billing) Terms/ State Contract Number Bill-To Name on PO must be equal to the Legal Bill-To Name Bill-To Address Ship-To Address (If we are shipping to a MR location, it must be documented on PO) Ultimate Address (If the Ship-To address is the MR location then the Ultimate Destination address must be documented on PO ) PO Amount must be equal to or greater than Order Total Non-Editable Format (Word/ Excel templates cannot be accepted) Bill To Contact Name & Phone # and EMAIL for customer accounts payable dept Ship To Contact Name & Phone # Tax Exemption Status Signatures (As required) HCBOC 053023 revised ws Pg. 45 To: Motorola Solutions, Inc. (“Motorola”) 500 W. Monroe St. Chicago, IL 60661 Re: Motorola Solutions APX Subscriber Purchase Proposal / Quote Ref (required): Quote- 2169521 Harnett County does not require a formal purchase order for this order. This Notice to Proceed (NTP) serves as authorization for Motorola Solutions to place an order and invoice for the communication equipment and services as referenced on Quote 2169521 dated 06/09/2023 for the purchase price of $1,681,300.26 (includes tax), subject to the terms and conditions of NC State Contract 725G. Harnett County agrees to pay Motorola Solutions “Net 30 days from receiving an invoice” for the equipment and services. Title and Risk of Loss to Equipment shall pass to Customer upon shipment from Motorola. Unless otherwise agreed by the parties in writing, shipment will be made in a manner determined by Motorola. This NTP will take precedence with respect to conflicting or ambiguous terms. Customer affirms that execution of this Agreement is the only Notice to Proceed that Motorola will receive for the term of this Agreement. Customer will not issue a purchase order or other funding documentation in order to pay Motorola per this Agreement. Customer affirms funding has been encumbered for this order in accordance with applicable law and will pay all proper invoices as received from Motorola solely against this Agreement. Unless otherwise agreed upon in writing, invoices will be billed based on equipment shipped, services rendered, and standard payment terms and milestones. Once billed, invoices shall be sent and emailed to the Customer at the following address: P.O. Box 370, Lillington, N.C. 27546 ltsmith@harnett.org Invoices should reference Harnett County Municipal Police Departments The Equipment will be shipped to the Customer at the following address: Harnett County Emergency Services 420 McKinney Parkway Lillington, N.C. 27546 HCBOC 053023 revised ws Pg. 46 The ultimate destination address (if different from the ship to above) where the Equipment will be delivered to Customer is: Harnett County Emergency Services 1005 Edwards Brothers Drive Lillington, N.C. 27546 Customer may change shipment information by giving written or electronic notice to Motorola.  If you have any questions regarding this order, please feel free to contact Larry Smith at 910 984 6297 Sincerely yours, By: _________________________ Brent Trout County Manager HCBOC 053023 revised ws Pg. 47 S:\Clerk to the Board docs\AGENDAS\2023\053023 ws\7 Agenda Item for Bitek Contract Approval 2023.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: June 5, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Approval of Bitek software contract REQUESTED BY: Christine Wallace, Acting Tax Administrator REQUEST: The Acting Tax Administrator requests approval of the final contract for Bitek software as part of the conversion for the personal property and collections division. The software conversion was approved as part of the FY2023 CIP. The projected cost of this conversion was $273,203 and the final contracted cost is $262,255. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 7 HCBOC 053023 revised ws Pg. 48 HCBOC 053023 revised ws Pg. 49 HCBOC 053023 revised ws Pg. 50 HCBOC 053023 revised ws Pg. 51 HCBOC 053023 revised ws Pg. 52 HCBOC 053023 revised ws Pg. 53 HCBOC 053023 revised ws Pg. 54 HCBOC 053023 revised ws Pg. 55 HCBOC 053023 revised ws Pg. 56 HCBOC 053023 revised ws Pg. 57 HCBOC 053023 revised ws Pg. 58 HCBOC 053023 revised ws Pg. 59 HCBOC 053023 revised ws Pg. 60 C:\Users\drbyrd\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\OD2OT7XE\Tritech Software Contract agenda.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: June 5, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Tritech Software REQUESTED BY: Sheriff Office REQUEST: The Sheriff's Office is request approval of an Tritech contract. The contract includes software maintenance for Sheriff's Office report management system (RMS), Jail record management system (JMS), 911 Communications Automated Dispatch (CAD). The contract is in the amount of $ 250,912.00 FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 8 HCBOC 053023 revised ws Pg. 61 HCBOC 053023 revised ws Pg. 62 HCBOC 053023 revised ws Pg. 63 HCBOC 053023 revised ws Pg. 64 HCBOC 053023 revised ws Pg. 65 HCBOC 053023 revised ws Pg. 66 HCBOC 053023 revised ws Pg. 67 HCBOC 053023 revised ws Pg. 68 HCBOC 053023 revised ws Pg. 69 HCBOC 053023 revised ws Pg. 70 HCBOC 053023 revised ws Pg. 71 HCBOC 053023 revised ws Pg. 72 HCBOC 053023 revised ws Pg. 73 HCBOC 053023 revised ws Pg. 74 HCBOC 053023 revised ws Pg. 75 HCBOC 053023 revised ws Pg. 76 HCBOC 053023 revised ws Pg. 77 HCBOC 053023 revised ws Pg. 78 HCBOC 053023 revised ws Pg. 79 HCBOC 053023 revised ws Pg. 80 HCBOC 053023 revised ws Pg. 81 HCBOC 053023 revised ws Pg. 82 HCBOC 053023 revised ws Pg. 83 HCBOC 053023 revised ws Pg. 84 HCBOC 053023 revised ws Pg. 85 HCBOC 053023 revised ws Pg. 86 HCBOC 053023 revised ws Pg. 87 HCBOC 053023 revised ws Pg. 88 HCBOC 053023 revised ws Pg. 89 Item 9 HCBOC 053023 revised ws Pg. 90 HCBOC 053023 revised ws Pg. 91 HCBOC 053023 revised ws Pg. 92 HCBOC 053023 revised ws Pg. 93 HCBOC 053023 revised ws Pg. 94 HCBOC 053023 revised ws Pg. 95 HCBOC 053023 revised ws Pg. 96 HCBOC 053023 revised ws Pg. 97 HCBOC 053023 revised ws Pg. 98 HCBOC 053023 revised ws Pg. 99 HCBOC 053023 revised ws Pg. 100 HCBOC 053023 revised ws Pg. 101 HCBOC 053023 revised ws Pg. 102 HCBOC 053023 revised ws Pg. 103 HCBOC 053023 revised ws Pg. 104 HCBOC 053023 revised ws Pg. 105 HCBOC 053023 revised ws Pg. 106 HCBOC 053023 revised ws Pg. 107 HCBOC 053023 revised ws Pg. 108 HCBOC 053023 revised ws Pg. 109 HCBOC 053023 revised ws Pg. 110 S:\Clerk to the Board docs\AGENDAS\2023\053023 ws\10 Stewart Contract agenda form.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: June 5, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Comprehensive Land Use Plan Update -- Contract Approval REQUESTED BY: Mark Locklear, Director, Development Services REQUEST: The Development Services Department is requesting the approval of a contract for planning consulting services with Stewart, Inc. to update the Comprehensive Land Use Plan. The contract amount for the Comprehensive Land Use Plan is $219,000.00 and will be funded through the Fund Balance appropriation. The Board approved the request to accept the Request for Proposal bid from Stewart Inc. on April 17, 2023. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 10 HCBOC 053023 revised ws Pg. 111 1 | Page May 10, 2023 Mark Locklear Director of Development Services Harnett County 420 McKinney Parkway (Phys) Lillington, NC 27546 RE: Harnett County Comprehensive Land Use Plan Services Dear Mark: STEWART is pleased to provide Harnett County with a scope of services and fee to complete a new Comprehensive Land Use Plan. Stewart will facilitate the planning process with a community-focused, data-driven approach. Our process will allow the County to establish a vision for the future, develop goals and objectives, and recommend forward-thinking policies and planning tools that ensure effective implementation of a new Comprehensive Land Use Plan. In addition, our team will ensure all required Plan elements are integrated while incorporating flexibility to allow focus on elements of unique importance to Harnett County. SCOPE OF SERVICES This scope of services is based on our current understanding of the County’s desire to re-examine its Comprehensive Land Use Plan to address emerging issues, update development policies and develop smart ways to accommodate growth while preserving the overall quality of life for residents. Stewart will lead the County through the following 3-part process: PHASE 1: PROJECT INITIATION & ANALYSIS Internal Kick-off and Community Tour Prior to beginning the planning process, our team will meet virtually with County staff to refine the scope, create a Public Engagement Plan, develop a schedule, discuss communication methods, and other items related to project execution. The team will conduct tour with County staff to document, inventory, and view key areas and features such as County owned land and buildings, protected and unprotected natural resource areas, housing, recently approved developments (or areas proposed/being considered for development), and infrastructure. Existing Plan & Document Review/Data Collection The team will work with County staff to identify and assemble relevant background documents for review. Spatial data and adopted plans will be collected from the County, State, and federal agencies as appropriate. Highlights from the plan assessment will be incorporated into steering committee presentations, content for public meetings, and the final document. Approach and Progress Reports Our team will work with County staff to refine and present the project approach to the Comprehensive Land Use Plan Committee and Board of Commissioners. The project manager will provide project reports on a regular basis (monthly). The team will also schedule bi-monthly coordination calls with the County Planning Team to discuss plan progress and milestones. Public Engagement Plan Early in the planning process, a Public Engagement Plan (PEP) will be developed to provide a schedule of key public outreach efforts including meetings, social media pushes, workshops and presentations. This document will include contact HCBOC 053023 revised ws Pg. 112 2 | Page information and outline the responsibilities of the consultant and County staff. It will also identify target populations and engagement goals for the project. Community Profile & Existing Conditions Mapping Stewart will prepare a Community Profile (CP), incorporating updated statistics and findings from recent County efforts. The CP will include the County history, baseline demographic and economic data (population, employment, income, socioeconomic data, retail trends, etc). We will use data from Harnett County, US Census Bureau, State of North Carolina, ESRI and other available sources. Information collected regarding the economy, business patterns, employment and demographics will provide insight into potential issues and opportunities. The data will be studied to benchmark progress and provide context to policy recommendations developed later in the process. During this phase, a series of maps will be created to highlight existing conditions. Maps will convey property ownership, environmental constraints, natural resources, parks and open space, infrastructure, and cultural and historical resources. Other Comprehensive Land Use Plan elements will also be explored such as transportation, environmental hazards, and projected future conditions. Existing land use and land supply maps and data will be developed to understand capacity for growth in the County. A Suitability Analysis will be conducted to create maps showing areas most suitable for different types of growth and development or conservation. Exact land use types and inputs will be determined based on consultation with County staff. A Smart Growth Audit will be conducted for the county as a whole or for up to three subareas. This audit will inform land use recommendations later in the process. Stakeholder Meetings The Project Team will coordinate with County staff to meet with stakeholder groups over the course of a day to discuss key issues and priorities to be addressed in the Comprehensive Land Use Plan. Meetings and Deliverables Phase 1 Meetings • Staff (bi-weekly, up to one hour each, virtual, in-person as needed) • Steering Committee (meetings #1 and #2, in-person) • Stakeholder Groups (Up to 5 meetings, 1.25 hours each, in-person) • Planning Board Meeting & Board of Commissioners Meeting to present project approach and gather initial feedback on priorities. Phase 1 Deliverables • Project Schedule • Public Engagement Plan • Data Request • Stakeholder Interview Schedule and Invitation Template • Meeting Materials for Steering Committee Meetings #1 and #2 • Community Profile (PowerPoint / pdf format) • Smart Growth Audit • Website materials PHASE 2: VISIONING & PLAN DEVELOPMENT Community Survey The team will work closely with County staff to develop a Community Survey to gather feedback from the public regarding community vision, goals, and key issues to be addressed by plan policies, future regulatory efforts, and investment decisions. The survey may include a visual preference survey that provides images of a variety of different development types or elements. The Community Survey will be made available on-line and in print form in English and Spanish. The survey will be conducted to ensure results accurately represent a sampling of the population, including vulnerable populations, so that the analysis of results can be segmented by race, gender, age, and other demographic groups. HCBOC 053023 revised ws Pg. 113 3 | Page Online Engagement and Communications Platform The Project Team will use an interactive, online platform called PublicInput to provide more community members with information and engagement opportunities in the comprehensive planning process. The suite of tools available in the platform includes general information posts, targeted social media posts, project timelines, map-based survey tools, question-based survey tools, discussion forums, online polls, project phone lines, offline survey-by-text message, story-telling opportunities, and videos. Additionally, PublicInput can be used to complement in-person events and also enables online virtual public meetings in a manner that is secure yet accessible to the public. The platform can include the ability to acquire or gather subscribers and perform email and text message communication increasing community engagement throughout the process. The Project Team will choose the type and number of features included on the platform for this Project with input from the Client. The Project Team will purchase a URL for the project engagement platform for a one-year period. Ownership of the URL will be transferred to the Client at the completion of the project. The Client may decide to maintain the project website independent of the Consultant following the initial project license term, and if so, may engage PublicInput for this service. Visioning Workshops and Pop-up Meeting Key team members will conduct two public visioning workshops. The workshops will focus on issues, opportunities, visioning, recommendations, concepts, and action items. In addition to the public workshops, staff will attend one pop-up meeting to coincide with a public event or community forum. Land Use & Community Design The Stewart team will conduct a detailed analysis of issues and opportunities in various portions of the County. Residential growth areas, redevelopment and commercial opportunities, transportation corridors, economic development opportunities (such as the area adjacent to the Harnett Regional Jetport), and conservation priorities will be studied. We will conduct an analysis of existing land use and quantify the land supply to understand the capacity for growth in key areas of the county. It is anticipated that data related to recently approved development will be compiled and used to inform the land supply map. A build-out capacity estimate will be created based on zoning or future land use. Capacity for residential growth will be quantified for the county as a whole and for key subareas. A county-side suitability analysis will determine areas most suitable for different types of development based on a variety of inputs. It is anticipated that suitability maps will be created for residential, commercial, industrial, and conservation/open spaces. Exact land use types and inputs will be determined by consultation with county staff. Typical inputs include proximity to existing and proposed roadways and utility infrastructure; proximity to schools and/or school capacity (to be provided by county based on districts), parks, and commercial areas; adjacent land uses; and understanding of existing land use patterns and environmental constraints. This task will also include a Smart Growth Audit to identify areas where growth could be accommodated based on smart growth principles. This audit will include an analysis of infrastructure availability, policies and the regulatory framework and is expected to lead to potential recommendations. The suitability analysis, Smart Growth Audit, and input from public meetings will be utilized by the Steering Committee, county staff, and the consultant team to inform future land use preferences, including use-mix, scale, and design character. Deliverables for this task will be utilized to formulate the future land use map and associated character area recommendations. Future Land Use HCBOC 053023 revised ws Pg. 114 4 | Page The project team will provide guidance on the future land use recommendations for different areas of the county. A growth framework map will be developed and revised to update the adopted Future Land Use Map. This will be a graphic representation of the County’s vision as to where growth should occur as well as how agricultural and natural resources can be protected from development. The map will be supplemented with descriptions of land use character areas that will be brought to life using precedent imagery and/or conceptual diagrams that specify intended use mix, scale, density, and other physical design characteristics. A new character area will be developed to describe urban development nodes (or 15 minute villages) that are already or anticipated to grow beyond typical crossroads / rural commercial development nodes. Up to two small-area concept plans will be created to show the intended development pattern in key areas of the county. These concepts may illustrate growth strategies, land use character areas, building placement, open space reservation and/or key transportation improvements. Development of the Future Land Use Map and associated character areas will be guided and informed by local goals, technical analysis, staff, and Steering Committee perspective. Ultimately, these character areas might be used to update existing development ordinances, overlay districts, or achieve other economic or conservation goals. Regional and national best practices will be reviewed, and recommendations will provide guidance for future updates to the county’s land use and development regulations. Economic Development The plan will address the characteristics of the workforce, local and regional employment factors, recent trends, and an assessment of major employers. The economic development strategy will identify new and existing activities and policies to move the County towards achieving its economic development goals for the expansion of the local economic base and employment opportunities. Our team will build on previous work conducted in Harnett County related to anticipating growth impacts and opportunities stemming from recent announcements welcoming large employers. Jetport The Stewart team will coordinate with county and airport staff to analyze the Jetport area and its operations. Planned and potential improvements will be documented based on the outcome of the ongoing Airport Master Plan. Existing customers, lease-holders and users will be noted, a comparison of peer airports will be made and economic development opportunities will be explored. The Team will develop recommendations for adjacent development and land use regulations in the vicinity of the Harnett County Jetport with a focus on protecting land adjacent to the jetport from uses that may present conflicts with air traffic or airport expansion. Recommendations will include overlay language that specifies design standards and permitted uses, those permitted with additional standards or those that require a special use permit. In addition, the team will explore the viability of enhancing and attracting different types of aircraft based on potential runway lengthening and will assess the market demand. The team will also explore aeronautical and non- aeronautical land development alternatives that relate to the economic drivers of the local, state and national needs. Affordable / Workforce Housing This element will assess the location, type, age, and condition of existing housing stock, including demand for new housing, density, and occupancy characteristics. The analysis will define affordable and workforce housing price-points for Harnett County based on median income or salaries of employees in key jobs (i.e. teacher, firefighter, deputy). We expect to learn about housing issues, quantify demands and address them through recommendations including how to harness emerging market trends, provide more housing options, and address quality and affordability through land use policies. Housing recommendations will also address potential code updates to define/refine character of residential in different parts of county. It is anticipated that some areas will be denser and allow for more housing types, while HCBOC 053023 revised ws Pg. 115 5 | Page others will be more rural in nature and design may incentivize conservation style development (with and without sewer). Transportation Harnett County has witnessed high levels of population growth in the last few decades, with more growth expected in the future. While the County’s Comprehensive Land Use Plan and more recent regional efforts have attempted to address infrastructure improvements needed to accommodate this growth, many efforts are dated or focused on regional mobility only. Harnett County needs to identify local priorities for targeted transportation network improvements to accommodate additional travel demand. Priority intersection improvements, widenings and collector-level roadways will be identified and referenced in the plan. Priorities will be informed by analyzing existing travel demand and taking into account recent trends in development to identify hot spots that may not be showing up in the latest regional travel model runs due to outdated socio-economic forecasts. Analyzing key greenway, bicycle and pedestrian connections will also be part of this task. Context-specific cross-sections may be needed for key streets. The recently adopted greenway plan will also be consulted. Coordination with DOT and regional transportation planning organizations will be necessary during this task. Our team has collaborated on a county-level transportation planning efforts in the past with success. The team will coordinate with Harnett County, regional and NCDOT staff and incorporate major projects and relevant information that is developed during the new Comprehensive Transportation Plan update that may coincide with the Comprehensive Land Use Plan. Public Infrastructure Our analysis and recommendations will address constraints as it relates to potential growth in Harnett County. A framework for public and privately funded infrastructure improvements needs to be updated regularly to ensure that it is in line with the type of growth that is envisioned as part of the land use element of the plan. This plan element will include a summary of service areas and agreements, current facilities, planned facilities, and issues and trends. The team will develop a map of easily served catchments (subsets of sub-watersheds) using a digital elevation model (DEM) and ArcHydro tools in ArcGIS. This map will be utilized during conversations with Harnett Regional Water and to make land use recommendations. This analysis will also be utilized to create an Urban Services Area Map. Parks & Natural Resources Open space, recreation facilities and natural resources are important not only to residents and visitors but also the economic competitiveness of the county. This element of the Plan will focus on how the County can meet its current and future recreation and open space needs. In addition, we will provide guidance on how the County can protect sensitive areas and promote recreational opportunities that could facilitate economic development. We will coordinate with County staff to obtain GIS mapping of existing facilities, information on park level-of-service and maintenance needs, priority park improvements, greenway corridors, regional park locations, interconnection opportunities, and strategic open space priorities. The team will ensure consistency between adopted plans and implementation steps. The plan will include recommendations on how to improve resiliency and address the need for land use policies to include open space preservation. Optionally, the Project Team will produce a standalone deliverable that summarizes natural resources, discuss environmental trends or concerns in the study area, and/or showcases key recommendations in the plan related to parks, open space and natural resources. This could include a “State of the County” report, brochure or ArcGIS Story Map. HCBOC 053023 revised ws Pg. 116 6 | Page Regional and Inter-Jurisdictional Coordination The Stewart team will assist County staff in developing recommendations on how to increase collaboration with nearby jurisdictions and agencies. Recommendations could include policies related to annexation, utility service and transportation improvements. Focus group meetings with regional planning agencies and the five municipalities are included in this task. Plan Development Our team will prepare and submit the draft Comprehensive Land Use Plan (to be delivered in batches of chapters for ease of review) to County staff and the Steering Committee. Upon completion of the review and first round of revisions (if necessary), the draft document will be posted on the County’s website for public comment. County staff and the Stewart team will also conduct a community open house to reveal the full plan. During the plan development process our team will assist the County staff in preparing materials for meetings with key County committees to discuss draft recommendations. A team member will also be available to provide an update presentation to the Planning Board and Board of Commissioners during this phase. All comments received from staff, boards, the Steering Committee, and the public will be cataloged by staff and responses made in consultation with the project team. This careful tracking of comments will allow the identification of common themes in feedback/comments for discussion with staff and elected/appointed officials during the adoption process. The draft document will be revised based on three-four rounds of staff review and comments (draft, draft for public review/planning board, draft for BOC review, final document). Phase 2 Meetings • Staff (bi-weekly, up to one hour each, virtual, in-person as needed) • Steering Committee (meeting #3 and #4 in-person) • Two in-person public workshops • Up to two virtual public meetings or webinars • Pop-up Event or attendance at a community forum • Draft Plan public meeting / open house Phase 2 Deliverables • Community Survey (English and Spanish version) • Public Workshop Advertisements and Materials • Meeting Summaries • Draft Vision and Goals • Materials for Steering Committee Meetings #3 and #4 • Character Area Descriptions and Future Land Use Map • Draft Small Area Conceptual Plan(s) • Draft Comprehensive Land Use Plan • Website Information and Updates PHASE 3: IMPLEMENTATION & ADOPTION Implementation After the plan is in draft format, the Stewart team will conduct a work-session with County staff to discuss strategic goals, capital resources, and implementation steps. Potential amendments to existing development regulations and other design standards recommended during the Plan process may also be discussed. An Implementation chapter or “Action Plan” will be prepared noting time frame for priority implementation steps as they relate to plan topics. Implementation recommendations may be a standalone chapter in the plan, integrated by topic area, or a exist as separate memo, depending on staff preference. Executive Summary An executive summary will be produced to compliment or as a component of the Comprehensive Land Use Plan. This will include a summary of the process, goals and highlights of key recommendations/takeaways. HCBOC 053023 revised ws Pg. 117 7 | Page Plan Adoption Plan adoption will be a collaborative process between County staff and the Stewart team to work through the adoption process of the Comprehensive Land Use Plan. Stewart staff will be available to present the plan to elected leadership. Following the public hearing process, a final set of plan documents in printed and an electronic format will be provided to the County. The final plan will be presented to the Planning Board and Board of Commissioners during the review and adoption process. Final Plan Document Following the public hearing process, a final set of plan documents will be provided to the County including plan document, any relevant appendices, maps and novel map data generated as part of the plan update, etc. The plan document will be provided in native format, as agreed by in initiation phase, so that it can be easily maintained by County staff. Phase 3 Meetings • Planning Board Meeting • Board of Commissioners Meeting • Monthly coordination calls with County staff Phase 3 Deliverables • Meeting Notes • Executive Summary (pdf deliverable) • Final Adopted Plan (20 Printed - bound copies) and Electronic Versions(Indesign Package, PDF and Microsoft Word formats), including supporting data and documentation) • Transfer of Data and Deliverables • Website Information and Updates SCHEDULE Stewart shall complete the services outlined in this proposal within twelve (12) months after receiving Client approval of the contract and notice to proceed. The schedule may be modified at the beginning of the process with County staff and again throughout the project as needed (with County approval). COMPENSATION Stewart will complete the services outlined in this proposal for the following fees: This fee is inclusive of printing of public meeting boards, meals, travel, & lodging for the meetings outlined in the scope of services. OPTIONAL TASKS: 1 – Project Initiation & Analysis $50,000.00 2 – Visioning & Plan Development $75,000.00 Virtual Meetings/Webinars (2) $10,000.00 Public Input.com Platform $15,000.00 3 – Implementation & Adoption $25,000.00 Expenses $4,000 Conceptual Small Area Plans (2) $40,000 Total Fee $219,000.00 Additional Conceptual Small Area Plan(s) $15,000-$20,000 CommunityViz and/or ArcGIS Modeling $10,000-$25,000 HCBOC 053023 revised ws Pg. 118 8 | Page CONTINUING SERVICE: As part of our continuing service promise, Stewart will be available by phone or email for a period of six (6) months following plan adoption to assist staff with questions about the plan and associated implementation. This continuing service is included is not an additional cost to the County and stems from Stewart’s desire to remain a community partner, even after the contract has been fulfilled. CLIENT RESPONSIBILITIES: It is understood that it is the responsibility of the Client to provide the following items in a timely fashion: • Formatting, transfer of documents: o Provide any available electronic information or data. o GIS files assembled and delivered in an industry standard format with associated symbology and at the appropriate geographic scale, where applicable, including zoning and adopted Future Land Use Map files. o Current Land Use Plan in PDF format. o Other plans and documents in their native format (most likely pdf). o Pictures and character images of the community, as needed (jpeg preferred). • Meetings and gatherings: o Assist with facilitation of meetings (sign-in sheet, note-taking, meeting summaries, etc.). o Provide notice of scheduled meetings (with reasonable advance notice) to consultant and meeting attendees. o Secure meeting spaces and coordinate and advertise meetings, including refreshments. o Record and provide meeting minutes or summaries, as appropriate, to maintain the public record. o Advertise meetings to the public. o Identify, coordinate information flow, and contact with boards, staff, stakeholders, and other focus groups, as needed. o Facilitate communication between the Stewart team and other County staff, as needed. o Coordination with outside agencies. • Decision-making: o Provide decisions on critical issues as necessary in a timely manner with actionable comments and revisions. o Research or investigation of items raised by the Planning Board or other deliberative body relative to benchmarking regulations, relative position, or other comparative analyses of neighboring or cohort communities. o Compilation and communication of key issues or comments related to plan topics throughout the planning process. o Delivery of actionable review comments and any local direction for revisions to the plan document. ADDITIONAL SERVICES: Any request by the Client to complete items not contained in the scope of services, or items outlined as exclusions, will be deemed as Additional Services to this Agreement. Additional Services will be provided if requested by the Client for a negotiated lump sum fee or at our Standard Hourly Billing Rates. Additional Public Meeting $8,000 Additional In-person Meeting Attendance $1,500 per person Additional Virtual Meeting Attendance $500 per person Additional Virtual Public Meeting / Webinar $5,000 HCBOC 053023 revised ws Pg. 119 9 | Page Significant delays in schedule milestones or public engagement events or deviations from the detailed project schedule (from the administrative kickoff meeting) that are not the result of actions or omissions by the project team may incur additional expenses. CONCLUSION: This document may serve as a Client-Consultant Agreement. Included in the agreement are the standard Hourly Rate Schedule and Conditions of the Agreement. The terms presented herein are valid for up to 3 months from time of delivery and will remain valid upon Stewart receipt of a fully executed contract and notice to proceed within that time period. If this proposal is acceptable, please execute and return a copy of the Agreement and the Project Information Form to this office. If this scope of services and fee proposal meets with your approval, we have attached our standard contract terms and conditions so we can execute this contract proposal as presented. Respectfully Submitted, Doug Taylor, PE, CPM Vice President Practice Leader, Transportation & Planning Stewart APPROVED: Harnett County Doug Taylor Print Name Print Name Vice President Title Title Signature Signature May 10, 2023 Date Date HCBOC 053023 revised ws Pg. 120 Corporate Office T 919.380.8750 F 919.380.8752 223 S. West Street Suite 1100 Raleigh, NC 27603 WWW.STEWARTINC.COM CHARLOTTE / DURHAM / RALEIGH / WILMINGTON / COLUMBIA ATTACHMENT - 1 STEWART ENGINEERING, INC. General Conditions (As of March 1, 2022) 1.01 Standard of Care A. The standard of care of all professional services performed or furnished by Stewart under this Agreement will be performed with the same degree of care, skill and diligence in the performance of the services as is ordinarily provided by a reputable professional under similar circumstances practicing in the same or similar locality and shall conform to professional standards. 2.01 Additions/Change to Scope of Services A. Change orders, whether reflecting a reduction or increase in contract price, shall be submitted to Stewart in writing and requires Stewart’s written approval prior to services being performed. 3.01 Payment A. Invoices: Invoices for Stewart’s services shall be submitted, at Stewart’s option, either upon completion of the phase of service or on a monthly basis. Invoices are due net 30 days. If Client fails to make any payment due Stewart for Services, extra services, or expenses within thirty (30) days after receipt of Stewart’s invoice, then Stewart may, after giving three days written notice to Client, suspend Services under this Agreement until Stewart has been paid in full all amounts due for Services, extra services, expenses, and other related charges. Client waives any and all claims against Stewart for any such suspension. B. Payment: As compensation for Stewart providing or furnishing Services and extra services, Client shall pay Stewart as set forth herein. If Client disputes an invoice, either as to amount or entitlement, then Client shall promptly advise Stewart in writing of the specific basis for doing so, may withhold only that portion so disputed, and must pay the undisputed portion. 4.01 Termination A. The obligation to continue performance under this Agreement may be terminated for cause: 1. By either party upon 14 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement’s terms through no fault of the terminating party. Failure to pay Stewart for its Services shall constitute a substantial failure to perform and a basis for termination. 2. By Stewart: a. upon seven days written notice if Client demands that Stewart furnish or perform services contrary to Stewart’s responsibilities as a licensed professional: or b. upon seven days written notice if Stewart’s Services are suspended for more than 30 days for reasons beyond Stewart’s control. B. Stewart shall have no liability to Client on account of a termination for cause by Stewart. HCBOC 053023 revised ws Pg. 121 Corporate Office T 919.380.8750 F 919.380.8752 223 S. West Street Suite 1100 Raleigh, NC 27603 WWW.STEWARTINC.COM CHARLOTTE / DURHAM / RALEIGH / WILMINGTON / COLUMBIA C. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 4.01.A.1 if the party receiving such notice begins, within three days of receipt of such notice, to correct its substantial failure to perform, proceeds diligently to cure such failure, and does cure such failure within no more than 14 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 14-day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 30 days after the date of receipt of the notice. D. The Agreement may be terminated for convenience by either party upon 14 days written notice. E. In the event of any termination under Paragraph 4.01.D, Stewart will be entitled to invoice Client and to receive full payment for all Services and extra services performed or furnished in accordance with this Agreement, plus reimbursement of expenses incurred through the effective date of termination in connection with providing the Services and extra services, Stewart’s consultants’ charges, if any, and any other reasonable costs incurred by Stewart as a result of such termination. 5.01 Indemnification and Insurance A. The Client shall indemnify and hold harmless Stewart and all of its personnel from and against any and all claims, damages, losses, and expenses (including reasonable attorneys’ fees) (collectively the “Claims”) to the extend the Claims are proximately caused by a) Client’s breach of contract, b) any negligent, reckless, or intentional act or omission of Client or Client’s subcontractors, agents, or employees or c) any violation of applicable statutes or regulations by Client or Client’s subcontractors, agents, or employees. B. Stewart shall indemnify and hold harmless the Client and its personnel from and against any and all claims, damages, losses and expenses (including reasonable attorneys’ fees) (collectively the “Claims”) to the extent the Claims are proximately caused by a) Stewart’s breach of contract, b) any negligent, reckless, or intentional act or omission of Stewart or Stewart’s subcontractors, agents, or employees or c) any violations of applicable statutes or regulations by Stewart or Stewart’s subcontractors, agents or employees, subject to the limitation of liability provisions herein. C. Stewart shall secure and endeavor to maintain professional liability insurance and commercial general liability insurance to protect Stewart from claims for negligence, bodily injury, death or property damage which may arise out of the performance of Stewart’s services under this Agreement, and from claims under the Worker’s Compensation Acts. Stewart shall, if requested in writing, issue certificates confirming such insurance to the Client. 6.01 Delay A. Should completion of any portion of the Services by Stewart be delayed, suspended, or impaired, through no fault of Stewart, then the time for completion of Stewart’s Services, and the rates and amounts of Stewart’s compensation, shall be adjusted equitably. 7.01 Instruments of Service A. All documents prepared or furnished by Stewart are instruments of service, and Stewart retains all ownership and property interest (including the copyright and the right of reuse) in such documents, whether HCBOC 053023 revised ws Pg. 122 Corporate Office T 919.380.8750 F 919.380.8752 223 S. West Street Suite 1100 Raleigh, NC 27603 WWW.STEWARTINC.COM CHARLOTTE / DURHAM / RALEIGH / WILMINGTON / COLUMBIA or not the Project is completed. Client shall have a limited license to use the documents on the Project, subject to receipt by Stewart of full payment due and owing for all Services and extra services relating to preparation of the documents and subject to the following limitations: 1. Client acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Stewart, or for use or reuse by Client or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Stewart; 2. Any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Stewart, as appropriate for the specific purpose intended, will be at Client’s sole risk; 3. Client shall defend, indemnify and hold harmless Stewart and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, , arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Stewart; and such limited license to Client shall not create any rights in third parties. 8.01 Waiver of Consequential Damages A. To the fullest extent permitted by law, Client and Stewart waive against each other, and the other’s employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement or the Project. 9.01 Limitation of Liability A. STEWART AND CLIENT AGREE THAT STEWART’S (INCLUDING STEWART’S OFFICERS, DIRECTORS, MEMBERS, PARTNERS, AGENTS, AND EMPLOYEES) TOTAL LIABILITY TO THE CLIENT AND TO ANYONE CLAIMING BY, THROUGH, OR UNDER THE CLIENT FOR ANY AND ALL INJURIES, CLAIMS, LOSSES, COSTS, DAMAGES, AND EXPENSES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES PERFORMED HEREUNDER, WHETHER ARISING IN CONTRACT, TORT, EQUITY, STRICT LIABILITY, BY STATUTE, OR OTHERWISE, SHALL BE LIMITED TO $25,000.00 FOR PROJECTS WITH A TOTAL FEE UNDER $25,000.00 OR $250,000.00 FOR PROJECTS WITH A TOTAL FEE OVER $25,000.00. 10.01 Disputes A. Any disputes relating to or arising out of this Agreement or Stewart’s Services shall be subject to mandatory mediation, which shall be a condition precedent to any form of binding dispute resolution. Client and Stewart shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the North Carolina Rules Implementing Statewide Mediated Settlement Conferences in Superior Court Civil Actions currently in effect and administered by counsel for the parties. A request for mediation shall be made in writing and delivered to the other party to the Agreement. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for HCBOC 053023 revised ws Pg. 123 Corporate Office T 919.380.8750 F 919.380.8752 223 S. West Street Suite 1100 Raleigh, NC 27603 WWW.STEWARTINC.COM CHARLOTTE / DURHAM / RALEIGH / WILMINGTON / COLUMBIA later proceedings. The Parties shall select a mutually agreeable mediator for any such dispute and the Parties agree to split the mediator’s costs evenly. The Parties may mutually agree to waive mediation. If such matter relates to or is the subject of a lien arising out of Stewart’s performance of services, Stewart may proceed in accordance with applicable law to comply with the lien notice or filing deadline prior to resolution of the matter by mediation or by binding dispute resolution. B. This Agreement shall be governed by the laws of the State where the Project is located. The Parties agree that any dispute or other legal action relating to this Agreement shall be conducted only in the country where the Project is located unless otherwise agreed to by the Parties or provided by law. 11.01 General Considerations A. Stewart shall not be responsible for any decision made regarding the construction contract requirements including but not limited to contractor means, methods, techniques, sequences, procedures of construction, any application, interpretation, clarification, or modification of the construction contract documents other than those made by Stewart or its consultants, any environmental hazards or pollutants at the Project site, or jobsite safety requirements. B. The Client shall not assign this Agreement without first obtaining the written consent of Stewart, and Stewart has no obligation to accept performance of this Agreement from anyone other than Client. Any purported assignment by Client in contravention of the terms of this Paragraph may be voided at Stewart’s sole election. In the event Stewart provides written consent to an assignment, Client agrees that prior to the assignment Stewart shall be paid in full for all services performed up to the effective date of the assignment. C. A party’s non-enforcement of any provision in the Agreement shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or the remainder of this Agreement. D. This Agreement (including any expressly referenced Contract and incorporated attachments) constitutes the entire agreement between Stewart and Client and supersedes all prior written or oral understanding. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. Client Initials: HCBOC 053023 revised ws Pg. 124 S:\Clerk to the Board docs\AGENDAS\2023\053023 ws\11 Apply_RCPP_Cotton_AgendaRequest2023.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: June 5, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Request to Apply for USDA-NRCS Regional Conservation Partnership Program Funds for a Conservation Easement on 330 Acres in NW Harnett. REQUESTED BY: Lynn Lambert, Soil and Water Conservation REQUEST: Soil and Water Conservation is requesting permission to apply for the USDA-NRCS Regional Conservation Partnership Program (RCPP) as part of the Preserving Upriver Farms to Reduce Flooding in NC proposal. The project is intended to place conservation easements on working agricultural lands in order to reduce negative impacts of soil erosion and runoff in the Cape Fear River Basin. Matching funds would be provided by the NC Agricultural Development and Farmland Preservation Trust Fund in additon to a landowner donation towards the value of the conservtion easement. The proposed conservation easement consists of 330 acres adjacent to the Cape Fear River in NW Harnett currently managed as working forestland for timber production and wildlife habitat. RCPP requests will be made in two separate applications with a value of approximately $1,416,360. The partnering landowner has signed a letter of commitment to support the landowner donation valued at $932,560. The balance of the conservation easement funding will come from NC ADFP funding. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 11 HCBOC 053023 revised ws Pg. 125 S:\Clerk to the Board docs\AGENDAS\2023\053023 ws\11 Apply_RCPP_Cotton_AgendaRequest2023.docx Page 2 of 2 HCBOC 053023 revised ws Pg. 126 HCBOC 053023 revised ws Pg. 127 HCBOC 053023 revised ws Pg. 128 HCBOC 053023 revised ws Pg. 129 Item 12 HCBOC 053023 revised ws Pg. 130 HCBOC 053023 revised ws Pg. 131 HCBOC 053023 revised ws Pg. 132 HCBOC 053023 revised ws Pg. 133 HCBOC 053023 revised ws Pg. 134 HCBOC 053023 revised ws Pg. 135 HCBOC 053023 revised ws Pg. 136 HCBOC 053023 revised ws Pg. 137 HCBOC 053023 revised ws Pg. 138 HCBOC 053023 revised ws Pg. 139 HCBOC 053023 revised ws Pg. 140 HCBOC 053023 revised ws Pg. 141 HCBOC 053023 revised ws Pg. 142 HCBOC 053023 revised ws Pg. 143 HCBOC 053023 revised ws Pg. 144 HCBOC 053023 revised ws Pg. 145 HCBOC 053023 revised ws Pg. 146 HCBOC 053023 revised ws Pg. 147 HCBOC 053023 revised ws Pg. 148 HCBOC 053023 revised ws Pg. 149 HCBOC 053023 revised ws Pg. 150 HCBOC 053023 revised ws Pg. 151 HCBOC 053023 revised ws Pg. 152 HCBOC 053023 revised ws Pg. 153 HCBOC 053023 revised ws Pg. 154 HCBOC 053023 revised ws Pg. 155 HCBOC 053023 revised ws Pg. 156 HCBOC 053023 revised ws Pg. 157 HCBOC 053023 revised ws Pg. 158 HCBOC 053023 revised ws Pg. 159 HCBOC 053023 revised ws Pg. 160 HCBOC 053023 revised ws Pg. 161 Page 1 JUNE 5, 2023 APPOINTMENTS NEEDED TRIANGLE SOUTH WORKFORCE DEVELOPMENT BOARD Harnett County needs to replace one (1) non-participatory member on this Board for a Joint Labor- Management, or union affiliated, registered apprenticeship program representative. HARNETT COUNTY COMMISSION FOR WOMEN AND YOUTH There are two (2) vacancies on this Board, District 2 and District 3. HISTORIC PROPERTIES COMMISSION There are two (2) vacancies on this Board, District 1 and District 2. MID-CAROLINA AGING ADVISORY COMMITTEE There is one (1) vacancy for an older consumer on this Board. HARNETT COUNTY BOARD OF EQUALIZATION AND REVIEW There is one (1) vacancy on this Board, an at-large member. DANGEROUS DOG COMMITTEE There is one (1) vacancy on this Board, 1 alternate that are not district sensitive. CEMETERY BOARD OF TRUSTEES There is one (1) vacancy on this Board. Chris Hawk would like to be considered for appointment. The vacancy is not district sensitive. Application is attached. HOME & COMMUNITY BLOCK GRANT COMMITTEE We have received word that Roger Brown will be resigning from this Committee. He is the Older Consumer on the Committee. Item 15 HCBOC 053023 revised ws Pg. 162 HCBOC 053023 revised ws Pg. 163 HCBOC 053023 revised ws Pg. 164