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040124 agenda packet REGULAR MEETING Date: Monday, April 1, 2024 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 William Morris 2. Pledge of Allegiance and Invocation – Commissioner Lewis Weatherspoon 3. Consider additions and deletions to the published agenda 4. Consent Agenda A. Minutes i. Regular Meeting Minutes of March 18, 2024 ii. Work Session Minutes of March 26, 2024 B. Harnett County Health Department requests approval of additional Food and Lodging funding in the amount of $1,851 from NC DHHS. This funding will be used to support food, lodging and institution sanitation programs and activities. C. Harnett County Health Department requests approval to accept funds allocated in 121 ARPA TSF Public Health Services biennium funding from NC Division of Health and Human Services (NC DHHS). The health department will be allocated funding in the amount of $50,000 for FY 23-24 and any unused portion will be carried forward to FY 24-25. An additional $50,000 will be allocated in FY24-25. D. General Services / Harnett Area Rural Transit System (HARTS) Director requests the Board of Commissioners consider and approve NCDOT/IMD Certifications and Assurances for FY2025 funding applications to complete the FY2025 Community Transportation Program (CTP) Grant and Travelers' Aid applications. E. Finance requests the Board of Commissioners approve the Lillington Shawtown Gym Project Ordinance. The Board of Education has requested that the County of Harnett construct a new gymnasium to be located on the campus of the Lillington Shawtown Elementary School. F. As discussed at the work session on March 26, 2024, the Harnett County Board of Commissioners appoint Kendra Broughton and Ion Cerga to serve on the Harnett County Commission for Women and Youth. The Board of Commissioners accept the resignation of Murray Simpkins as the District 5 regular member on the Board of Adjustment and appoint David Summers to serve in the District 5 vacancy. G. Approve a Temporary Access and Utility Easement Agreement between Lexington Plantation Holdings and Harnett County. HCBOC 040124 Pg. 1 Harnett County Board of Commissioners Page | 2 5. Public Comment Period Period of up to 30 minutes for informal comments allowing 3 minutes for each presentation. 6. Discuss and consider a request to approve the Flatwoods Middle School Project Ordinance. The Board of Education has requested that the County of Harnett construct a new middle school to be located just south of the Town of Lillington along NC Hwy 401. This new school will have capacity to accommodate up to 1,100 students to alleviate crowding at other middle schools. Funding will be accomplished by the issuance of debt in the form of limited obligation bonds. 7. Discuss and consider a request to approve the Flatwoods Middle School Project Reimbursement Resolution. 8. Discuss and consider approval of Project Funding Priorities. 9. County Manager’s Report – Brent Trout, County Manager A. Harnett County DSS Monthly Report B. Interdepartmental Budget Amendments C. Budget Amendments – Motion to approve budget amendments as requested by the Finance Officer. 10. New Business A. Approve Sponsorship Levels and T-Shirt Costs for the Jetport Jamboree 11. Closed Session 12. Recess 13. Reconvene at 11:45 a.m. in the Harnett County Resource Center & Library, Training Room 103 B/C to host the 2024 Legislative Luncheon where they will discuss the County’s legislative priorities. 14. Adjourn CONDUCT OF THE APRIL 1, 2024 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 040124 Pg. 2 Harnett County Board of Commissioners Regular Meeting Minutes March 18, 2024 Page 1 of 5 HARNETT COUNTY BOARD OF COMMISSIONERS Regular Meeting Minutes March 18, 2024 The Harnett County Board of Commissioners met in regular session on Monday, March 18, 2024 at 6:00 pm, in the Commissioners Meeting Room, Harnett County Resource Center and Library, 455 McKinney Parkway, Lillington, North Carolina. Members present: William Morris, Chairman W. Brooks Matthews, Vice Chairman Barbara McKoy, Commissioner Lewis W. Weatherspoon, Commissioner Matthew B. Nicol, Commissioner Staff present: Brent Trout, County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Melissa Capps, Clerk Chairman Morris called the meeting to order at 6:00 pm. Vice Chairman Matthews led the Pledge of Allegiance and provided the invocation. Chairman Morris called for any additions or deletions to the published agenda. Chairman Morris requested to add Site 4 to line item 9. in addition to sites 2 and 3. Vice Chairman Matthews made a motion to approve the agenda as amended. The motion was seconded by Commissioner Nicol. The motion carried unanimously. Commissioner Nicol made a motion to approve the consent agenda. Vice Chairman Matthews seconded the motion. The motion passed unanimously. The items on the consent agenda were as follows: A.Minutes i.Regular Meeting Minutes of March 4, 2024 ii.Work Session Minutes of March 12, 2024 B.Adopt a Resolution requesting NCDOT add Cottles Lake Drive; Gillis Court, Modlin Court, Vic Mcleod Court within Cottlestone Estates Subdivision to the State’s Secondary Road System. (Attachment 1) C.Adopt a Resolution requesting NCDOT add English Oak Drive, Burr Oak Circle, Angel Oak Drive, Wood Point Drive, Southern Oak Court and Silk Oak Drive within Forest Oaks Phase 4 & 5 Subdivision to the State’s Secondary Road System. (Attachment 2) D.Parks and Recreation requests the acceptance of the Neills Creek Park Master Plan developed by WithersRavenel. This plan will guide program and facility improvements of Neill's Creek Park through a phased approach to enhance amenities, elevate field availability, alleviate traffic and parking issues, and maximize outside funding. WithersRavenel developed the plan using Item 4Ai HCBOC 040124 Pg. 3 Harnett County Board of Commissioners Regular Meeting Minutes March 18, 2024 Page 2 of 5 public and staff input, as well as national and state trends in park development. The proposed Master Plan will benefit programming for both the County Parks and Recreation Department and School System. E.Emergency Services is requesting the approval of the fireworks application from Pyro East Coast, Inc. for Campbell University's fireworks displays. East Coast Pyrotechnics meets all requirements and has met fire code compliance for the event. The events will take place on 3/22, 4/5, 4/12, 4/26, and 5/17/24 at the Irwin Belk Track. F.On behalf of West Area Volunteer Fire Department, Emergency Services is requesting approval of West Area responding to EMS calls as First Responders. This response will be within the 3 areas within Harnett County that we contract Fire Response. This requires no additional funding from the County. G.Finance requests the Harnett County Board of Commissioners approve a contract with Martin Starnes & Associates, CPAs, P.A. for the completion of the County's required audit for the fiscal year ending June 30, 2024. H.Administration requests the Board of Commissioners approve the acceptance of furniture donation for the Jetport Terminal from Southeast Interiors. The Jetport Terminal project is moving into its final stages of construction. We therefore needed to plan for purchasing new furniture to go into the new building. In the process of selecting the furniture I was approached by Jerry Milton of Southeast Interiors about donating furniture for the first-floor conference room. The furniture donated is a large conference table and ten conference task chairs. The cost of the donated furniture is $11,463.35, which includes tax, delivery and set up. I.Community Child Protection Team requests the Board of Commissioners appoint Wayne Coats or other designee from the Harnett County Sheriff’s Office; Thomas Hill or designee from the Family Advocacy Program at Fort Liberty as one of their optional members; Susana Rodriquez or designee as the Executive Director of SAFE as one of their optional members; and Tara Fish, an optional member from the Harnett County Partnership for Children. Chairman Morris opened the meeting for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. The following person provided comments: 1.Johnny Adams of 404 Executive Drive, Lillington, NC. 2.Sherrie Yuschak of Lillington, NC. 3.Larry Mitchell of 478 Century Drive, Cameron, NC. 4.Jerry Rivas of 364 Twin Ponds Road, Sanford, NC. 5.Steven Reeves of 21 Ithica Lane, Bunnlevel, NC. No one else spoke. The public comment period was closed. Sarah Arbour, Planner II, petitioned the Board for a public hearing on Proposed Text Amendment: Case # PLAN2402-0003 Harnett County Development Services; Harnett County Unified Development Ordinance; Article XI, Section 10.2.1, Review Officer Appointment. To revise the ordinance to be fully compliant with NC GS 47-30.2. Development Services staff recommends approval based on compatibility with the North Carolina General Statue 47-30.2. At their March 4 meeting, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of the text amendment as written. No one spoke in opposition. HCBOC 040124 Pg. 4 Harnett County Board of Commissioners Regular Meeting Minutes March 18, 2024 Page 3 of 5 Chairman Morris opened the public hearing for Proposed Text Amendment: Case # PLAN2402-0003. No one spoke and the public hearing closed. Commissioner Nicol made a motion to approve Proposed Text Amendment: Case # PLAN2402-0003 an ordinance amending the Harnett County Unified Development Ordinance Article XI: Administration & Boards, Section 10.2.1, Review Officer. The motion was seconded by Vie Chairman Matthews. The motion carried unanimously. (Attachment 3) Christopher Appel, Senior Staff Attorney, reviewed a lease agreement with Stick Boy Bread Company to operate a food and beverage business specializing in coffee beverages, smoothies and pastries in the Resource Center and Library Snack Bar, Room 131. Per the general statute, the lease was advertised. The lease is for 126 square feet of space at a rate of $250 per month ($3000 annually) for one (1) year. The Lessee may exercise two (2) two-year options to extend the lease. The lease rate would increase by 10% upon exercise of those options. Commissioner Nicol made a motion to approve the lease agreement with Stick Boy Bread Company to operate a food and beverage business specializing in coffee beverages, smoothies and pastries in the Resource Center and Library Snack Bar, Room 131. Commissioner McKoy seconded the motion. The motion carried unanimously. Paul Polinski, Social Services Director, reviewed a request to approve eight (8) additional positions and a reclassification of one (1) Data Entry Operator to an Income Maintenance Tech to assist with Medicaid Expansion. Medicaid Expansion began December 1, 2023. Since December 1, 2023 DSS has had 10,142 new Medicaid Expansion cases added to our numbers. We now have a total of 35,029 Medicaid cases in Harnett County. We were projected to receive 9,700 cases. Five (5) Income Maintenance Caseworker II's are needed to take and process the new Medicaid cases and do recertifications, two (2) Quality Assurance/ Trainer positions to monitor the work being produced to ensure accuracy/timeliness and prevent County paybacks. Provide training in areas needing improvement. One (1) Income Maintenance Supervisor II is needed to manage the increase in new employees, monitor cases, train staff, monitor reports, perform evaluations on employees and work with State monitors while being audited. Reclassification of one (1) Data Entry Operator to an Income Maintenance Tech. The reclass would allow the worker to have access to work in the NC FAST system and make changes (address changes, request Medicaid cards, handle county transfers, etc.) herself without forwarding information to the worker. Allows the workers to be more efficient and continue to process cases. The county will be reimbursed at 75% for each employee's salary and benefits. Mr. Polinski also reviewed a request for renovations with the use of lapsed salary to install carpet, pull down wallpaper, and paint walls in the Social Services building. Mr. Polinski shared he has received one estimate from Southeastern Interiors in the amount of $79,944 and is in the process of getting a second estimate from Angier Paint and Wallpaper. Kimberly Honeycutt, Finance Officer, stated working with Paul and his staff we took a look at the salaries, after adjusting some overtime lines and projecting out the salaries, that leaves around $154,236. Ms. Honeycutt stated we would need to work with the Procurement Manager to go out and get three estimates as required. Commissioner McKoy made a motion to approve the addition of eight (8) additional positions and a reclassification of one (1) Data Entry Operator to an Income Maintenance HCBOC 040124 Pg. 5 Harnett County Board of Commissioners Regular Meeting Minutes March 18, 2024 Page 4 of 5 Tech to assist with Medicaid Expansion and renovations as requested. The motion was seconded by Vice Chairman Matthews. Additional discussion included when the renovations would be done such as over the weekend, at night or in sections and placing a not to exceed amount on renovations. Commissioner McKoy amended her motion to approve the addition of eight (8) additional positions and a reclassification of one (1) Data Entry Operator to an Income Maintenance Tech to assist with Medicaid Expansion and renovations as requested not to exceed an amount of $79,944. The amended motion was seconded by Commissioner Nicol and carried unanimously. Brent Trout, County Manager, shared following the last meeting, we had before mentioned site 4 which is a property located on Alexander, south of Development Services, by the HARTS facility, it is a property we own, it is heavily wooded and sloped. Mr. Trout stated what I wanted to confirm is if this would be a possible site and what would be the issues identified if we were to put the Animal Services Adoption Center on that site. Barry Blevins, General Services Director reviewed a request for the Board of Commissioners to consider and give preliminary approval of Sites 2, 3 (RCL Main Campus) and 4 (Alexander Drive) and approve issuance of a Request for Qualifications (RFQ) for interested Architect/Engineer firms for the design of the future Animal Services Adoption Center. Mr. Blevins shared he met with Bill Drexler, Engineer and they walked the property. It is a slopy area, a dumping ground for various soils. Mr. Drexler stated it is feasible, but it would require some permitting as there are wetlands, stormwater, wetland mapping, and there would be additional costs for site prep. It is a fairly good site for these purposes. Commissioners discussed the various sites. Commissioner Nicol stated he would like to add Site 1. Commissioner Weatherspoon stated we discussed doing an RFQ for 2 sites. Commissioner Nicol made a motion to give preliminary approval of Sites 1, 2, 3 (RCL Main Campus) and 4 (Alexander Drive) and approve issuance of a Request for Qualifications (RFQ) for interested Architect/Engineer firms for the design of the future Animal Services Adoption Center. Vice Chairman Matthews seconded the motion. Chairman Morris, Vice Chairman Matthews and Commissioner Nicol voted in favor of the motion to give preliminary approval of Sites 1, 2, 3 (RCL Main Campus) and 4 (Alexander Drive) and approve issuance of a Request for Qualifications (RFQ) for interested Architect/Engineer firms for the design of the future Animal Services Adoption Center. Commissioner McKoy and Weatherspoon voted against the motion. The motion carried 3:2. Commissioner Weatherspoon made a motion to table the preliminary approval of Sites 1, 2, 3 (RCL Main Campus) and 4 (Alexander Drive) and approve issuance of a Request for Qualifications (RFQ) for interested Architect/Engineer firms for the design of the future Animal Services Adoption Center. Commissioner McKoy seconded the motion. Commissioners McKoy and Weatherspoon voted in favor of the motion to table the preliminary approval of Sites 1, 2, 3 (RCL Main Campus) and 4 (Alexander Drive) and approve issuance of a Request for Qualifications (RFQ) for interested Architect/Engineer firms for the design of the future Animal Services Adoption Center. Chairman Morris, Vice Chairman Matthews and Commissioner Nicol voted against the motion to table. The motion failed 2:3. Mr. Trout shared he would be out of the office Wednesday, Thursday and Friday to attend an orientation session in Washington D.C. for an Army Fellows Program. We will have a Deputy Garrison HCBOC 040124 Pg. 6 Harnett County Board of Commissioners Regular Meeting Minutes March 18, 2024 Page 5 of 5 Commander visit Harnett County to learn about county operations and utilize that information to do his job better. It is a project in conjunction with ICMA and the Department of Defense. Commissioner Nicol made a motion to approve the budget amendments as requested by the Finance Officer. The motion was seconded by Commissioner McKoy and carried unanimously. (Attachment 4) Commissioner Nicol made a motion to approve the tax rebates, release, refunds as requested by the Tax Administrator. The motion was seconded by Commissioner McKoy and carried unanimously. (Attachment 5) Commissioner Weatherspoon made a motion to go into Closed Session to consult with the county legal staff in order to preserve the attorney client privilege concerning the handling of certain litigation and a claim including the following listed case: Jeremy Breece vs. Sheriff Wayne Coats and Travelers Casualty and Surety Co. of America. Harnett County Superior Court File No. 23 CV-4077-420. This motion is made pursuant to NC General Statute Section 143-318.11 (a)(3). The motion was seconded by Commissioner Nicol and carried unanimously. Following a motion to come out of Closed Session, Chairman Morris called the meeting back to order in open session. Commissioner McKoy made a motion to adjourn at 7:13 pm. The motion was seconded by Commissioner Nicol and carried unanimously. ____________________________________ ___________________________________ William Morris, Chairman Melissa D. Capps, Clerk HCBOC 040124 Pg. 7 Attachment 1 HCBOC 040124 Pg. 8 Attachment 2 HCBOC 040124 Pg. 9 Attachment 3 HCBOC 040124 Pg. 10 HCBOC 040124 Pg. 11 Attachment 4 HCBOC 040124 Pg. 12 HCBOC 040124 Pg. 13 HCBOC 040124 Pg. 14 HCBOC 040124 Pg. 15 HCBOC 040124 Pg. 16 HCBOC 040124 Pg. 17 HCBOC 040124 Pg. 18 HCBOC 040124 Pg. 19 Attachment 5HCBOC 040124 Pg. 20 HCBOC 040124 Pg. 21 HCBOC 040124 Pg. 22 HCBOC 040124 Pg. 23 HCBOC 040124 Pg. 24 HCBOC 040124 Pg. 25 HCBOC 040124 Pg. 26 HCBOC 040124 Pg. 27 HCBOC 040124 Pg. 28 HCBOC 040124 Pg. 29 HCBOC 040124 Pg. 30 HCBOC 040124 Pg. 31 HCBOC 040124 Pg. 32 HCBOC 040124 Pg. 33 HCBOC 040124 Pg. 34 HCBOC 040124 Pg. 35 HCBOC 040124 Pg. 36 HCBOC 040124 Pg. 37 HCBOC 040124 Pg. 38 HCBOC 040124 Pg. 39 HCBOC 040124 Pg. 40 HCBOC 040124 Pg. 41 HCBOC 040124 Pg. 42 HCBOC 040124 Pg. 43 HCBOC 040124 Pg. 44 HCBOC 040124 Pg. 45 HCBOC 040124 Pg. 46 HCBOC 040124 Pg. 47 HCBOC 040124 Pg. 48 HCBOC 040124 Pg. 49 HCBOC 040124 Pg. 50 HCBOC 040124 Pg. 51 Harnett County Board of Commissioners Work Session Minutes March 26, 2024 Page 1 of 5 HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Work Session March 26, 2024 The Harnett County Board of Commissioners met in work session on Tuesday, March 26, 2024, at 9:00 am, in the Commissioners Meeting Room, Harnett County Resource Center and Library, 455 McKinney Parkway, Lillington, North Carolina. Members present: William Morris, Chairman W. Brooks Matthews, Vice Chairman Barbara McKoy, Commissioner Lewis W. Weatherspoon, Commissioner Matthew B. Nicol, Commissioner Staff present: Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Brent Trout, County Manager Melissa Capps, Clerk Chairman Morris called the Harnett County Board of Commissioners meeting to order at 9:00 am. Vice Chairman Matthews led the Pledge of Allegiance and invocation. The following agenda was before the Board of Commissioners: 1.Call to order – Chairman William Morris 2.Pledge of Allegiance and Invocation – Vice Chairman Brooks Matthews 3.Closed Session 4.Consider appointment of Health Director. **Please note action may be taken on this item** 5.Cooperative Extension Report to the People; Tim Mathews, Cooperative Extension Director 6.Discuss a request for approval of additional food and lodging funding in the amount of $1,851 from NC Department of Health and Human Services (NC DHHS); Debra Harris-Hawkins, Interim Health Director 7.Discuss a request for approval to accept funds allocated in 121 ARPA TSF Public Health Services biennium funding from NC Division of Health and Human Services (NC DHHS); Debra Harris-Hawkins, Interim Health Director 8.Discuss a request to approve Certifications and Assurances for FY25 North Carolina Department of Transportation/Integrated Mobility Division (NCDOT/IMD) 5311/5339 Administrative/Capital Grant & Travelers' Aid Program Applications; Barry Blevins; General Services Director Item 4Aii HCBOC 040124 Pg. 52 Harnett County Board of Commissioners Work Session Minutes March 26, 2024 Page 2 of 5 9. Discuss an offer to purchase property on Ponderosa Road; Christopher Appel, Senior Staff Attorney 10. Discuss a request to approve the Flatwoods Middle School Project Ordinance; Kimberly Honeycutt; Finance Officer 11. Discuss a request to approve the Flatwoods Middle School Project Reimbursement Resolution; Kimberly Honeycutt; Finance Officer 12. Discuss a request to approve the Lillington Shawtown Gym Project Ordinance; Kimberly Honeycutt; Finance Officer 13. Discuss adding 100% Total and Permanent Disabled Veterans Tax Exemption to legislative priorities; Brent Trout, County Manager • Discuss and consider approval of legislative priorities **Please note action may be taken on this item** 14. Review applications to serve on Boards and Committees. • Discuss Harnett County Commission for Women and Youth 15. County Manager’s Report – Brent Trout, County Manager • April 1, 2024 Regular Meeting Agenda Review • Upcoming meetings and invitations 16. Adjourn Commissioner Weatherspoon made a motion to go into Closed Session to discuss certain personnel matters. This motion is made pursuant to NC General Statute Section 143-318.11 (a)(6). The motion was seconded by Vice Chairman Matthews and carried unanimously. Following a motion to come out Closed Session, Chairman Morris called the meeting back into open session. Dr. Kim Fowler, Board of Health, shared the selection committee’s recommendation of Ainsley Johnson for the Harnett County Health Department Director and the proposed salary rate for Ms. Johnson would be $117,134.00 per year. Commissioner McKoy made a motion to approve the recommendation of Ainsley Johnson for the Harnett County Health Department Director and the proposed salary rate of $117,134.00 per year. The motion was seconded by Commissioner Nicol and carried unanimously. Tim Mathews, Harnett County Extension Director, shared highlights from this year’s extension programs. The following people spoke on behalf of Cooperative Extension Programs: • Rose Cotton spoke on behalf of the Family and Consumer Sciences Program. • Jennie Arthur spoke on behalf of the Community Development Program. • Tony Swain spoke on behalf of the 4H Program. • Craig Senter spoke on behalf of the Agriculture and Natural Resources Program. Debra Harris-Hawkins, Interim Health Director, provided information on a request for approval of additional food and lodging funding in the amount of $1,851 from NC Department of Health HCBOC 040124 Pg. 53 Harnett County Board of Commissioners Work Session Minutes March 26, 2024 Page 3 of 5 and Human Services (NC DHHS). Consensus of the Board was to place this item on the next consent agenda. Ms. Harris-Hawkins also presented information on a request for approval to accept funds allocated in 121 ARPA TSF Public Health Services biennium funding from NC Division of Health and Human Services (NC DHHS). The Health Department will be allocated funding in the amount of $50,000 for FY 23-24 and any unused portion will be carried forward to FY 24- 25. An additional $50,000 will be allocated in FY24-25. Consensus of the Board was to place this item on the next consent agenda. Barry Blevins, General Services Director, presented information on a request for the Board of Commissioners to consider and approve NCDOT/IMD Certifications and Assurances for FY2025 funding applications to complete the FY2025 Community Transportation Program (CTP) Grant and Travelers' Aid applications. Consensus of the Board was to place this item on the next consent agenda. Thomas Royer, Assistant Staff Attorney, presented information on a request for the Board of Commissioners to consider an offer to purchase surplus property from Ray Holder. Mr. Holder has made an offer to purchase an approximate 10.16 acre property on Ponderosa Road in the amount of $100,000 plus closing costs to include the notice for the upset bid publication fee and survey costs pursuant to the negotiated offer, advertisement and upset bids procedure set forth in N.C. Gen. Stat. §160A-269. Commissioner Nicol asked if this is the property across from Patriot Park and the dump site. Assistant Staff Attorney Royer confirmed it was located across from Patriot’s Park. Commissioner Nicol stated he would like to see if it would be feasible to move the convenience site to this property instead of it being in front of the park. Commissioner Nicol recommended not to accept the offer until staff has an opportunity to look at moving the convenience site. Consensus of the Board was to place this item on the April 9th work session for additional discussion. Kimberly Honeycutt, Finance Officer, reviewed a request to approve the Flatwoods Middle School Project Ordinance. The Board of Education has requested that the County of Harnett construct a new middle school to be located just south of the Town of Lillington along NC Hwy 401. This new school will have capacity to accommodate up to 1,100 students to alleviate crowding at other middle schools. The school is estimated to be substantially complete in June of 2027. Funding will be accomplished by the issuance of debt in the form of limited obligation bonds. The first step in the construction process is to establish a budget with the estimated cost of the project that will allow the Board of Education to begin work on design and plan preparation. This cost estimate is based on the architect’s Cash Flow Projection, dated February 2024. Once complete, bids will be requested and upon receiving final cost numbers, an amendment to the budget may be necessary to reflect the true final cost of the project. To get this project up and running, I request that the Board of Commissioners approve the attached project ordinance for the construction of a new Flatwoods Middle School. Commissioner Weatherspoon asked what was included in the $4.8 million line item for professional services and if it was all architectural HCBOC 040124 Pg. 54 Harnett County Board of Commissioners Work Session Minutes March 26, 2024 Page 4 of 5 fees. Ms. Honeycutt stated she could verify the information and get the breakdown prior to the next meeting. Commissioner Weatherspoon stated if we had a standard set of plans we could save the taxpayers money. Consensus of the Board was to place this item on the next meeting as an individual action item. Ms. Honeycutt shared that the Reimbursement Resolution for Flatwoods Middle School goes along with the Project Ordinance. Consensus of the Board was to place this item on the next meeting as an individual action item. Ms. Honeycutt provided information on Project Ordinance for the Lillington Shawtown Elementary School. The Board of Education has requested that the County of Harnett construct a new gymnasium to be located on the campus of the Lillington Shawtown Elementary School. With a current population of 670 students, Lillington Shawtown Elementary School needs a space where students, parents, and teachers can come together for school wide functions. Students also need an indoor area for physical education class, and space for recess during inclement weather. The gymnasium addition is estimated to be substantially complete in December of 2025. Funding will be accomplished utilizing unspent GO Bond proceeds following the completion of the Northwest Harnett Elementary School project. Consensus of the Board was to place this item on the next consent agenda. Brent Trout, provided information on a memo received from Kairos regarding Senate Bill 148 titled the “deViere Disabled Veterans Act” of 2023. Since its introduction, SB 148 has remained in Senate Finance since February 23, 2023. Section 1 of the bill would change existing NC Statute 105-277.1C to raise the first $45,000 of appraised value to $100,000 that would be excluded from taxation. It would also set a total hold harmless amount for all property excluded from taxation under this statute in the county and would be reimbursed by the state. There is no fiscal analysis for the legislation, and likely would not move forward during the 2024 Short Session. Discussion included replacement of lost revenue and senior citizen exclusion. Mr Trout stated my recommendation would be support something similar to the “deViere Bill,” with a reimbursement hold harmless from the state. Commissioner Weatherspoon made a motion to add this to the legislative priorities along with support of Senate Bill 148 titled the “deViere Disabled Veterans Act” of 2023. The motion was seconded by Commissioner Nicol. The motion carried unanimously. Mr. Trout stated it was brought up to me by Commissioner Weatherspoon that the 3rd item under Economic Development, support of a four-lane highway into Wake County, as you look at that, it relates to the Hwy 55 Bypass that is being created around Angier which is a four-lane road and I think we may have actually met this one and not need to include it in our priorities and wanted to see if the Board agreed with that and would like to remit it. Commissioner Weatherspoon made a motion to remove it from the Legislative Priorities because of the construction of Hwy 55 Bypass around the Town of Angier. Commissioner McKoy seconded the motion and it carried unanimously. HCBOC 040124 Pg. 55 Harnett County Board of Commissioners Work Session Minutes March 26, 2024 Page 5 of 5 The Board reviewed applications for Boards and Committees. Andrew Ruhland, Chairman of the Board of Adjustment shared information regarding the current makeup of the board. Consensus of the Board was to place the appointment of Kendra Broughton and Ion Cerga to serve on the Harnett County Commission for Women and Youth and the acceptance of the resignation of Murray Simpkins as the District 5 regular member on the Board of Adjustment and the appointment of David Summers to serve in the District 5 vacancy on the next consent agenda. Mr. Trout shared we will be closed on Friday in celebration of Good Friday. The parking lot is completely repaved in front of Health and Social Services. Commissioner Weatherspoon made a motion to go into Closed Session to consult with and give instructions to the County staff concerning the position to be taken by the County in negotiating a proposed contract for the acquisition of real property. This motion is made pursuant to NC General Statute Section 143-318.11 (a)(5). The motion was seconded by Commissioner Nicol and carried unanimously. Following a motion to come out of Closed Session, Chairman Morris called the meeting back into open session. Commissioner Nicol made a motion to adjourn at 10:33 am. The motion was seconded by Vice Chairman Matthews and carried unanimously. ____________________________________ ___________________________________ William Morris, Chairman Melissa Capps, Clerk HCBOC 040124 Pg. 56 Board Meeting Agenda Item MEETING DATE: April 1, 2024 TO: HARNETT COUNTY BOARD OF COMMISSIONE RS SUBJECT: ADDITIONAL FOOD AND LODGING FUNDING ,,--:---,, Vy REQUESTED BY: DEBRA HARRIS-HAWKINS, INTERIM HEALTH DIRECT~~ REQUEST: Harnett County Health Department requests approval of additional Food and Lodging funding in the amount of $1,851 from NC DHHS. This funding will be used to support food, lodging and institution sanitation programs and activies. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: S:\admin\Files hare\ 1-Excel\BO H PAT FEE INC-N EW FEE S-BOC R cquests\BOC Forms\2023 -20 24 A GENDA ITEMS\0 40 124-F&L F UN DI NG.d ocx Page I of I Item 4B HCBOC 040124 Pg. 57 COUNTY OF HARNETT BUDGET ORDINANCE AM ENDME NT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolin a, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2024. Section I. To amend th e Healt h department of the General fu nd. The appropriations are to be changed as follows: EXP ENDITURE AMOUNT ORG OBJECT PROJ ECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1105180 5260 10 F&L OFFICE SUPPLIES $ 1.851 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DES CR IPTION OF CODE INC REAS E 11 05 180 330310 F&L STATE $1,851 EXPLANA~T_IO~N_: _____________________________________ ~ TO BUDGET AD DITIONAL FOOD & LO DGING FUNDS FROM DHHS. APPROVALS: Finance Offi cer '3-11-2-f Date / Date Budget Director Date County Manager Date Section 2 . Copies of this budget amendm ent shall be furnished to the Clerk to the Board, and to the Budget Officer and the Fi nance Offi ce r for thei r direction. Prep11c:d by: Adopted this ___ day of ________ , 20 __ . Me lissa Capps Clerk to th e Board ghob bs William Morris , Chairman Board of Commissione rs Date: DECREASE M:irch 14. 202-i HCBOC 040124 Pg. 58 Board Meeting Agenda Item MEETING DATE: April 1, 2024 TO : HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: AMERICAN RESCUE PLAN ACT TEMPORARY SAVINGS FUND (ARPA TSF) PUBLIC HEALTH SERVICES FUNDING/121 ARPA TSF --l✓ REQUESTED BY: DEBRA HARRIS-HAWKINS, INTERIM HEAL TH DIRECT~\ REQUEST: Harnett County Health Department requests approval to accept fund allocated in 121 ARP A TSF Public Health Services biennium funding from NC Division of Health and Human Services (NC DHHS). The health department will be allocated funding in the amount of $50,000 for FY 23-24 and any unused portion will be carried forward to FY 24-25. An additional $50,000 will be allocated in FY24-25. The funding will further enhance the ability of the Health Department to deliver the essential services and core functions of public health. These funds will be used to support locally identified needs for public health programs and ensure essential public health services are available and accessible. The Health Department will select one or more health needs or indicators: Child Health, Chronic Disease, Environmental Health, Injury Prevention, access or linkage to care or other identified health needs. Funds will be used to support personnel, medical supplies, and travel along with other program expenditures as indicated. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: S:\admin\Files hare\1-Excel \BOH PAT FEE INC-NEW FEES-BOC Requ ests\B OC Forms\2023-2024 A GENDA ITEMS\040 124 -121 fu ndin g.do cx P age I o f 2 Item 4C HCBOC 040124 Pg. 59 S:\admin\Fi leshare\1-Excel\BOH PAT FEE INC-NEW FEES-BOC Requests\BOC Forms\2023-2024 AGENDA ITEMS\040124-121 funding.docx Page 2 of2 HCBOC 040124 Pg. 60 Board Meeting Agenda Item MEETING DATE: April 1, 2024 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Certifications and Assurances for FY25 North Carolina Department of Transportation/Integrated Mobility Division (NCDOT/IMD) 5311/5339 Administrative/Capital Grant & Travelers' Aid Program Applications REQU ESTED BY: Barry A. Blevins, General Services Director REQUEST: General Services / Harnett Area Rural Transit System (HARTS) Director requests the Board of Commissioners consider and approve NCDOT/IMD Certifications and Assurances for FY2025 funding applications to complete the FY2025 Community Transportation Program (CTP) Grant and Travelers' Aid applications. The Certifications and Assurances, Equivalent Service Certification, Certification and Restrictions on Lobbying and the Special Section 5333(b) Warranty were distributed by NCDOT/IMD. Certifications and Assurances are required to process, approve and disburse 5311, 5339 as well as Travelers' Aid funding for FY2025 . The Board of Commissioners approved the application for grant funding on September 18, 2023 for the amount of $754,312 with local match of $97,448, however, NCDOT/IMD revised the FY2025 funding request total amount to $625,312 with a local match of $84,548. C:\Users\pamerson\Desktop\HARTS\BI LLI NG\FY 2024-2025\FY2025 NC DOT 531 1 5339\FY2 5 Certs & Assurances\age ndafonn2024.docx Pag e I o f 2 Item 4D HCBOC 040124 Pg. 61 FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\pamerson\Desktop\HARTS\BILLING\FY 2024-2025\FY2025 NCDOT 5311 5339\FY25 Certs & Assurances\agendaform2024.docx Page 2 of2 HCBOC 040124 Pg. 62 ST ATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER GOVERNOR J. ERIC BOYETTE SECRETARY TO: FROM: DATE: SUBJECT: MEMORANDUM North Carolina Transportation Directors Brennon Fuqua, MPA, PE, PMP Interim Director March 6, 2024 Certifications and Assurances for FY25 Applications On March 1, 2024, the Federal Transit Administration (FTA) posted the FFY24 Certifications and Assurances (Certs & Assurances) which are required for all grant funding provided by the FT A. The Certs & Assurances are categorized to correspond with FTA's funding programs and activities to be undertaken in an award. Funding applicants must certify every category that applies to both the applicant and the applications submitted in the fiscal year or certify all activities at once. FTA will not enforce provisions of a certification that do not apply to the applicant or award. In addition to the Federal Certs and Assurances, the FY25 application package also requires state certificati ons. Included in the State package are the Certifications and Restrictions on Lobbying, Special Section 5333(b) Warranty, and the Certification of Equivalent Service applicable when 1) purchasing a non-lift equipped vehicle or 2) a fleet includes non-lift equipped vehicles. The Certification of Equivalent Service does not apply to applicants who do not have a fleet of vehicles. To be valid, the Federal Certs & Assurances must be signed within 90 days of publication. All Federal and State Certs & Assurances documents must be uploaded into Enterprise Business Services (EBS) no later than May 29, 2024 to ensure compliance with the deadline. Mailing Address: Tel ephone: 919-707-4670 Location: NC DEPARTMENT OF TRANSPORTATION INTEGRATED MOBILITY DIVISION Fax: 919-733 -1 391 Customer Service: 1-877-368-4968 I SOUTH WILMINGTON STREET RALEIGH, N C 27601 1550 MAIL SERVICE CENTE R RALEIGH, NC 27699-1550 Website: ncdol .gov HCBOC 040124 Pg. 63 If you have questions, please contact your assigned Regional Grants Specialist. Sincerely, Brennon Fuqua, MP A, PE, PMP Interim Director Integrated Mobility Department Attachments: FFY24 Federal Certifications and Assurances Certifications and Restrictions on Lobbying Special Section 5333(b) Warranty Certification of Equivalent Service HCBOC 040124 Pg. 64 Certifications and Assurances Fiscal Year 2024 Not every provision of every certification will apply to every applicant or award. If a provision of a certification does not apply to the applicant or its award, FTA will not enforce that provision. Text in italic is guidance to the public. It does not have the force and effect of law, and is not meant to bind the public in any way. It is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. CATEGORY 1. CERTIFICATIONS AND ASSURANCES REQUIRED OF EVERY APPLICANT. All applicants must make the certifications in this category. 1.1. Standard Assurances . The certifications in this subcategory appear as part of the applicant's registration or annual registration renewal in the System for Award Management (SAMgov) and on the Office of Management and Budget 's standard form 424B "Assurances-Non-Construction Programs ". This certification has been modified in places to include analogous certifications required by U.S. DOT statutes or regulations. As the duly authorized representative of the applicant, you certify that the applicant: (a) Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. (b) Will give the awarding agency , the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted account ing standards or agency directives. (c) Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of pe rsonal or organizational conflict of interest, or personal gain. (d) Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. (e) Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S .C. §§ 4728- 4763) relating to prescribed standards for merit systems for program s funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 CFR 900, Subpart F). HCBOC 040124 Pg. 65 Certifications and Assurances Fiscal Year 2024 (f) Will comply with all Federal statutes relating to nondiscrimination . These include but are not limited to: (I) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis ofrace, color or national origin, as effectuated by U.S. DOT regulation 49 CFR Part 21; (2) Title IX ofthe Education Amendments of 1972, as amended (20 U.S.C. §§ 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex, as effectuated by U.S. DOT regulation 49 CFR Part 25; (3) Section 5332 of the Federal Transit Law (49 U.S.C. § 5332), which prohibits any person being excluded from participating in, denied a benefit of, or discriminated against under, a project, program, or activity receiving financial assistance from FTA because of race, color, religion, national origin, sex, disability, or age. (4) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps, as effectuated by U.S. DOT regulation 49 CFR Part 27; (5) The Age Discrimination Act of 1975 , as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age ; (6) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (7) The comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L . 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (8) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (9) Title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. §§ 360 I et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; ( 10) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and , (11) the requirements of any other nondiscrimination statute(s) which may apply to the application. (g) Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ("Uniform Act") (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. The requirements of the Uniform Act are effectuated by U.S. DOT regulation 49 CFR Part 24. 2 HCBOC 040124 Pg. 66 Certifications and Assurances Fiscal Year 2024 (h) Will comply, as applicable, with provisions of the Hatch Act (5 U .S.C. §§ 1501-1508 and 7324--7328) which limit the po litical activities of employees whose principal employment activities are funded in whole or in part with Federal funds . (i) Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally assisted construction subagreements. G) Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. (k) Will comply with environmental standards which may be prescribed pursuant to the following : ( 1) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P .L. 91-190) and Executive Order (EO) 11514; (2) Notification of violating facilities pursuant to EO 11738; (3) Protection of wetlands pursuant to EO 11990; ( 4) Evaluation of flood hazards in floodplains in accordance with EO 11988; (5) Assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq .); (6) Confonnity of Federal actions to State (Clean Air) Implementation Plans under Section l 76(c) of the Clean Ai r Act of 1955, as amended (42 U.S.C. §§ 7401 et seq.); (7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (8) Protection of endangered species under the Endangered Species Act of 1973 , as amended (P.L. 93-205). (I) Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C . §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. (m) Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S .C. §§ 469a-l et seq.). (n) Will comply with P.L. 93-348 re garding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. (o) Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S .C. §§ 2131 et seq.) pertaining to the care, handling, and treatment of wann blooded 3 HCBOC 040124 Pg. 67 Certifications and Assurances Fiscal Year 2024 animals held for research, teaching, or other activities supported by this award of a ssistance. (p) Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the u se of lead-based paint in const ruction or rehabilitation of residence structures. (q) Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 CFR Part 200, Subpart F, "Audit Requirements", as adopted and implemented by U.S . DOT at 2 CFR Part 1201. (r) Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing the program under which it is applying for assistance. (s) Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect; (2) Procuring a commercial sex act during the period of time that the award is in effect; or (3) Using forced labor in the performance of the award or subawards under the award. 1.2 . Standard Assurances: Additional Assurances for Construction Projects. This certification appears on the Office of Management and Budget's standard form 424D "Assurances-Construction Programs " and applies specifically to federally assisted projects for construction. This cert(fication has been mod{fled in places to include analogous certificat ions required by U.S. DOT statutes or regulations. As the duly authorized representative of the applicant, you certify that the appl icant: (a) Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency; will record the Federal awarding agency directives ; and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination durin g the useful life of the project. (b) Will comply with the requirements of the assistance awarding agency with regard to the drafting, review, and approval of construction plans and specifications. (c) Will provide and maintain competent and adequate engineering supervision at the construction s ite to ens ure that the complete work confirms with the approved plans and specifications, and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 4 HCBOC 040124 Pg. 68 Certifications and Assurances Fiscal Year 2024 1.3. Procurement. The Uniform Administrative Requirements, 2 CFR § 200.325, allow a recipient to se(fcertify that its procurement system complies with Federal requirements, in lieu of submitting to certain pre-procurement reviews. The applicant certifies that its procurement system complies with: (a) U .S. DOT regu lations, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards," 2 CFR Part 1201, which incorporates by reference U.S. 0MB regulatory guidance, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards," 2 CFR Part 200, particularly 2 CFR §§ 200.317-200.327 "Procurement Standards; (b) Federal laws, regulations, and requirements applicable to FTA procurements; and ( c) The latest edition of FT A Circular 4220.1 and other applicable Federal guidance. 1.4. Suspension and Debarment. Pursuant to Executive Order 12549, as implemented at 2 CFR Parts I 80 and I 200, prior to entering into a covered transaction with an applicant, FTA must determine whether the applicant is excluded.from participating in covered non-procurement transactions. For this purpose, FTA is authorized to collect a certification from each applicant regarding the applicant's exclusion status. 2 CFR § 180.300. Additionally, each applicant must disclose any information required by 2 CFR § 180.335 about the applicant and the applicant's principals prior to entering into an award agreement with FTA . This cert(fication serves both purposes. The applicant certifies , to the best of its knowledge and belief, that the applicant and each of its principals: (a) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any Federal department or agency; (b) Has not, within the preceding three years, been convicted of or had a civil judgment rendered against him or her for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax ev asion, receiving stolen property, making false claims , or obstruction of justice; or commission of any other offense indicating a lack of business integrity or business honesty; 5 HCBOC 040124 Pg. 69 Certifications and Assurances Fiscal Year 2024 (c) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any offense described in paragraph (b) of this certification; (d) Has not, within the preceding three years, had one or more public transactions (Federal, State, or local) terminated for cause or default. 1.5. Coronavirus Response and Relief Supplemental Appropriations Act, 2021, and CARES Act Funding. The applicant certifies: (a) To the maximum extent possible, funds made available under title IV of division M of the Consolidated Appropriations Act, 2021 (Public Law 116-260), and in title XII of division B of the CARES Act (Public Law 116-136; 134 Stat. 599) shall be directed to payroll and operations of public transit (including payroll and expenses of private providers of public transportation); or (b) The applicant certifies that the applicant has not furloughed any employees. 1.6. American Rescue Plan Act Funding. The applicant certifies: (a) Funds made available by Section 3401 (a)(2)(A) of the American Rescue Plan Act of 2021 (Pub] ic Law 117-2) shall be directed to payroll and operations of pub) ic transportation (including payroll and expenses of private providers of public transportation); or (b) The applicant certifies that the applicant has not furloughed any employees. CATEGORY 2. PUBLIC TRANSPORTATION AGENCY SAFETY PLANS This cerf!fication is required of each applicant under the Urbanized Area Formula Grants Program (49 USC.§ 5307), each rail operator that is subject to FTA 's state safety oversight programs, and each State that is required to drqft and certify a Public Transportation Agency Safety Plan on behalf of a Small Public Transportation Provider (as that term is defined at 49 CFR § 673.5) pursuant to 49 CFR § 673.1 l(d). This certification is required by 49 USC.§ 5307(c)(J)(L), 49 USC.§ 5329(d)(I), and 49 CFR § 67 3.13. This certification is a condition of receipt of Urbanized Area Formula Grants Program (49 USC.§ 5307).funding. This certification does not apply to any applicant that only receives financial assistance from FTA under the Formula Grants for the Enhanced Mobility o,f Seniors Program (49 USC. 6 HCBOC 040124 Pg. 70 Certifications and Assurances Fiscal Year 2024 § 5310), the Formula Grants for Rural Areas Program (49 US.C. § 5311), or combination of these two programs, unless it operates a rail.fixed guideway public transportation system. If the applicant is an operator, the applicant certifies that it has established a Public Transportation Agency Safety Plan meeting the requirements of 49 U.S.C. § 5329(d)(l) and 49 CFR Part 673; including, specifically, that the board of directors (or equivalent entity) of the applicant has approved, or, in the case of an applicant that will apply for assistance under 49 U.S.C. § 5307 that is serving an urbanized area with a population of 200,000 or more, the safety committee of the entity established under 49 U.S.C. § 5329(d)(5), followed by the board of directors (or equivalent entity) of the applicant has approved, the Public Transportation Agency Safety Plan or any updates thereto; and, for each recipient serving an urbanized area with a population of fewer than 200,000, that the Public Transportation Agency Safety Plan has been developed in cooperation with frontline employee representatives. If the applicant is a State that drafts and certifies a Public Transportation Agency Safety Plan on behalf of a public transportation operator, the applicant certifies that: (a) It has drafted and certified a Public Transportation Agency Safety Plan meeting the requirements of 49 U .S.C. § 5329( d)(l) and 49 CFR Part 673 for each Small Public Transportation Provider (as that term is defined at 49 CFR § 673.5) in the State, unless the Small Public Transportation Provider provided notification to the State that it was opting out of the State-drafted plan and drafting its own Public Transportation Agency Safety Plan; and (b) Each Small Public Transportation Provider within the State that opts to use a State- drafted Public Transportation Agency Safety Plan has a plan that has been approved by the provider's Accountable Executive (as that term is defined at 49 CFR § 673.5), Board of Directors or Equivalent Authority (as that term is defined at 49 CFR § 673.5), and, if the Small Public Transportation Provider serves an urbanized area with a population of 200,000 or more, the safety committee of the Small Public Transportation Provider established under 49 U.S.C. § 5329(d)(5). CATEGORY 3. TAX LIABILITY AND FELONY CONVICTIONS. (f the applicant is a business association (regardless of for-profit, not for-profit, or tax exempt status), it must make this certification. Federal appropriations acts since at least 2014 have prohibited FTA.from usingfunds to enter into an agreement with any corporation that has unpaid Federal tax liabilities or recentfelony convictions without.first considering the corporation for debarment. E.g., Consolidated Appropriations Act, 2023, Pub. L. 117-328, div. E, tit. VII,§§ 744-745. U.S. DOTOrder4200.6definesa "corporation "as "any private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association", and applies the restriction to all tiers of subawards. As prescribed by U.S. DOT 7 HCBOC 040124 Pg. 71 Certifications and Assurances Fiscal Year 2024 Order 4200.6, FTA requires each business association applicant to certify as to its tax and felony status. If the applicant is a private corporation, partnership, trust,joint-stock company, sole proprietorship, or other business association, the applicant certifies that: (a) It has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (b) It has not been convicted of a felony criminal violation under any Federal law within the preceding 24 months. CATEGORY 4. LOBBYING. If the applicant will apply for a grant or cooperative agreement exceeding $100,000, or a loan, line of credit, loan guarantee, or loan insurance exceeding$ 150,000, it must make the following cert(fication and, if applicable, make a disclosure regarding the applicant 's lobbying activities. This certification is required by 49 CFR § 20.110 and app. A to that part. This certification does not apply lo an applicant that is an Indian Tribe , Indian organization, or an Indian tribal organization exempt from the requirements of 49 CFR Part 20. 4.1. Certification for Contracts, Grants, Loans, and Cooperative Agreements. The undersigned certifies, to the best of his or her knowledge and beli e f, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned , to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer o r employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan , the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL , "Disclosure Form to Report Lobbying," in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and 8 HCBOC 040124 Pg. 72 Certifications and Assurances Fiscal Year 2024 contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S . Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$ I 0 ,000 and not more than$ I 00,000 for each such failure. 4.2. Statement for Loan Guarantees and Loan Insurance. The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352 , title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $ I 0,000 and not more than $ I 00,000 for each such failure. CATEGORY 5. PRIVATE SECTOR PROTECTIONS. If the applicant will apply for.funds that it will use to acquire or operate public transportation facilities or equipment, the applicant must make the following certification regarding protections for the private sector. 5 .1. Charter Service Agreement. To enforce the provisions of 49 U.S.C. § 5323(d), FTA 's charter service regulation requires each applicant seeking assistance from FTAfor the purpose of acquiring or operating any public transportation equipment or facilities to make the following Charter Service Agreement. 49 CFR § 604.4. The applicant agrees that it, and each of its subrecipients, and third party contractors at any level who use FT A-funded vehicles, may provide charter service using equipment or facilities acquired with Federal assistance authorized under the Federal Transit Laws only in compliance with the regulations set out in 49 CFR Part 604 , the terms and conditions of which are incorporated herein by reference. 9 HCBOC 040124 Pg. 73 Certifications and Assurances Fiscal Year 2024 5.2. School Bus Agreement. To enforce the provisions of 49 USC. § 5323(!), FTA 's school bus regulation requires each applicant seeking assistance.from FTAfor the purpose of acquiring or operating any public transportation equipment or facilities to make the following agreement regarding the provision of school bus services. 49 CFR § 605.15. (a) If the applicant is not authorized by the FTA Administrator under 49 CFR § 605.11 to engage in school bus operations, the applicant agrees and certifies as follows: (1) The applicant and any operator of project equipment agrees that it will not engage in school bus operations in competition with private school bus operators. (2) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Mass Transit Regulations, or section 164(6) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)). (b) If the applicant is authorized or obtains authorization from the FT A Administrator to engage in school bus operations under 49 CFR § 605.11, the applicant agrees as follows: (1) The applicant agrees that neither it nor any operator of project equipment will engage in school bus operations in competition with private school bus operators except as provided herein. (2) The applicant, or any operator of project equipment, agrees to promptly notify the FTA Administrator of any changes in its operations which might jeopardize the continuation of an exemption under § 605 .11. (3) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Transit Administration regulations or section 164(b) of the Federal-Aid Highway Act of 1973 ( 49 U .S.C. 1602a(b )). ( 4) The applicant agrees that the project facilities and equipment shall be used for the provision of mass transportation services within its urban area and that any other use of project facilities and equipment will be incidental to and shall not interfere with the use of such facilities and equipment in mass transportation service to the public. CATEGORY 6. TRANSIT ASSET MANAGEMENT PLAN. If the applicant owns, operates, or manages capital assets used to provide public tramportation, the following cert[fication is required by 49 U.S.C. § 5326(a). The applicant certifies that it is in compliance with 49 CFR Part 625. 10 HCBOC 040124 Pg. 74 Certifications and Assurances Fiscal Year 2024 CATEGORY 7. ROLLING STOCK BUY AMERICA REVIEWS AND BUS TESTING. 7.1. Rolling Stock Buy America Reviews. {f the applicant will apply for an award to acquire rolling stock for use in revenue service, it must make this cert[fication. This certification is required by 49 CFR § 663. 7. The applicant certifies that it will conduct or cause to be conducted the pre-award and post - delivery audits prescribed by 49 CFR Part 663 and will maintain on file the certifications required by Subparts B, C, and D of 49 CFR Part 663. 7.2. Bus Testing. If the applicant will apply for funds for the purchase or lease of any new bus model, or any bus model with a major change in con.figuration or components, the applicant must make this certification. This certification is required by 49 CFR § 665. 7. The applicant certifies that the bus was tested at the B us Testing Facility and that the bus received a passing test score as required by 49 CFR Part 665. The applicant has received or will receive the appropriate full Bus Te sting Report and any applicable partial t esting reports before final acceptance of the first vehicle. CATEGORY 8. URBANIZED AREA FORMULA GRANTS PROGRAM. ff the applicant will apply for an award under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), or any other program or award that is subject to the requirements of 49 U.S.C. § 5307, including the Formula Grantsfor the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310); 'flex funds" from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)); projects that will receive an award authorized by the Transportation Infrastructure Finance and Innovation Act ("TIFIA ") (23 U.S.C. §§ 601 -609) or State Infrastructure Bank Program (23 U.S.C. § 610) (see 49 U.S.C. § 5323(0)); formula awards or competitive awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(a) and (b)); or low or no emiss ion awards to any area under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(c)), the applicant must make the following certification. This certification is required by 49 U.S.C. § 5307(c)(1). The applicant certifies that it: (a) Has or will have the legal, financial, and technical capacity to carry out the program of projects (developed pursuant 49 U.S.C. § 5307(b)), including safety and security aspects of the program; (b) Has or will have satisfactory continuing control over the use of equipment and facilities; 11 HCBOC 040124 Pg. 75 Certifications and Assurances Fiscal Year 2024 (c) Will maintain equipment and facilities in accordance with the applicant's transit asset management plan; (d) Will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a project financed under this section, a fare that is not more than 50 percent of the peak hour fare will be charged for any- (l) Senior; (2) Individual who, because of illness, injury, age, congenital malfunction, or any other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design; and (3) Individual presenting a Medicare card issued to that individual under title II or XVIII of the Social Security Act (42 U.S.C. §§ 401 et seq., and 1395 et seq.); (e) In carrying out a procurement under 49 U.S.C. § 5307, will comply with 49 U.S.C. §§ 5323 (general provisions) and 5325 (contract requirements); (t) Has complied with 49 U.S.C. § 5307(b) (program of projects requirements); (g) Has available and will provide the required amounts as provided by 49 U.S.C . § 5307(d) ( cost sharing); (h) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning); (i) Has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation ; (i) Either- (!) Will expend for each fiscal year for public transportation security projects, including increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system , providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation system , at least I percent of the amount the recipient receives for each fiscal year under 49 U.S.C. § 5336; or (2) Has decided that the expenditure fo r s ecurity projects is not necessary; (k) In the case o f an applicant for an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census, will submit an annual report listin g projects carried out in the pre ceding fiscal year under 49 U.S.C. § 5307 for associated t ransit improvements as defined in 49 U.S.C . § 5302; and (I) Will comply with 49 U.S.C. § 5329(d) (public transportation agency safety plan). 12 HCBOC 040124 Pg. 76 Certifications and Assurances Fiscal Year 2024 CATEGORY 9. FORMULA GRANTS FOR RURAL AREAS. {[the applicant will apply.for funds made available to it under the Formula Grants.for Rural Areas Program (49 USC.§ 531 I), it must make this certification. Paragraph (a) of this certification helps FTA make the determinations required by 49 USC.§ 53J0(b)(2)(C). Paragraph (b) of this certification is required by 49 USC.§ 5311(/)(2). Paragraph (c) o_fthis certification, which applies to.funds apportioned.for the Appalachian Development Public Transportation Assistance Program, is necessary to en.force the conditions of 49 USC. § 5311 (c)(2)(D). (a) The applicant certifies that its State program for public transportation service projects, including agreements with private providers for public transportation service- ( 1) Provides a fair distribution of amounts in the State, including Indian reservations; and (2) Provides the maximum feasible coordination of public transportation service assisted under 49 U.S.C. § 5311 with transportation service assisted by other Federal sources; and (b) If the applicant will in any fiscal year expend less than 15% of the total amount made available to it under 49 U.S.C. § 53 I 1 to carry out a program to develop and support intercity bus transportation, the applicant certifies that it has consulted with affected intercity bus service providers, and the intercity bus service needs of the State are being met adequately. (c) If the applicant will use for a highway project amounts that cannot be used for operating expenses authorized under 49 U.S.C. § 5311 (c)(2) (Appalachian Development Public Transportation Assistance Program), the applicant certifies that- ( I) It has approved the use in writing only after providing appropriate notice and an opportunity for comment and appeal to affected public transportation providers; and (2) It has determined that otherwise eligible local transit needs are being addressed. CATEGORY 10. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS AND THE EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT GRANTS PILOT PROGRAM. If the applicant will apply for an award under any subsection of the Fixed Guideway Capital Investment Program (49 USC.§ 5309), including an award made pursuant to the FAST Act's Expedited Project Delivery for Capital Investment Grants Pilot Program (Pub. L. 114-94, div. A, title III, § 3005(b)), the applicant must make the following cert[flcation. This certification is required by 49 USC.§ 5309(c)(2) and Pub. L. 114-94, div. A, title III,§ 3005(b)(3)(B). The applicant certifies that it: 13 HCBOC 040124 Pg. 77 Certifications and Assurances Fiscal Year 2024 (a) Has or will have the legal, financial , and technical capacity to carry out its Award, including the safety and security aspects of that A ward, (b) Has or will have satisfactory continuing control over the use of equipment and facilities acquired or improved under its Award. (c) Will maintain equipment and facilities acquired or improved under its Award in accordance with its transit asset management plan; and (d) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning). CATEGORY 11. GRANTS FOR BUSES AND BUS FACILITIES AND LOW OR NO EMISSION VEHICLE DEPLOYMENT GRANT PROGRAMS. If the applicant is in an urbanized area and will apply for an award under subsection (a) (formula grants), subsection (b) (buses and bus facilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants/or Buses and Bus Facilities Program (49 U.SC. § 5339), the applicant must make the cert{fication in Category 8 for Urbanized Area Formula Grants (49 U.SC. § 5307). This certification is required by 49 USC.§ 5339(a)(3), (b)(6), and (c)(3), respectively. {f the applicant is in a rural area and will apply for an award under subsection (a) (formula grants), subsection (b) (bus and busfacilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants/or Buses and Bus Facilities Program (49 U.SC. § 5339), the applicant must make the certification in Category 9 for Formula Grants/or Rural Areas (49 USC.§ 5311). This certification is required by 49 USC.§ 5339(a)(3), (b)(6), and (c)(3), respectively. Making this certification will incorporate by reference the applicable certifications in Category 8 or Category 9. If the applicant will receive a competitive award under subsection (b) (buses and bus facilities competitive grant5), or subsection (c) (low or no emissions grants) of the Grants/or Buses and Bus Facilities Program (49 USC. § 5339) related to zero emissions vehicles or related infrastructure, it must make the.following certification. This certification is required by 49 USC.§ 5339(d). The applicant will use 5 percent of grants related to zero emissions vehicles (as defined in subsection (c)(l)) or related infrastructure under subsection (b) or (c) to fund workforce development training as described in section 49 U.S.C. § 53 l 4(b)(2) (including registered apprenticeships and other labor-management training programs) under the recipient's plan to address the impact of the transition to zero emission vehicles on the applicant's current workforce; or the applicant certifies a smaller percentage is necessary to carry out that plan. 14 HCBOC 040124 Pg. 78 Certifications and Assurances Fiscal Year 2024 CATEGORY 12. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES PROGRAMS. If the applicant will apply.for an award under the Formula Grants.for the Enhanced Mobility of Seniors and Individuals with Disabilities Program (49 U.S.C. § 5310), it must make the certification in Category 8.for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5310(e)(l). Making this certification will incorporate by reference the certification in Category 8, except that FTA has determined that (d), (/), (i), (j), and (k) of Category 8 do no/ apply to awards made under 49 U.S. C. § 5310 and will not be enforced. In addition to the cert(fication in Category 8, the applicant must make the following cerlification that is specific to the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program. This cert(fication is required by 49 U.S.C. § 5310(e)(2). The applicant certifies that: (a) The projects selected by the applicant are included in a locally developed, coordinated public transit-human services transportation plan; (b) The plan described in clause (a) was developed and approved through a process that included participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers, and other members of the public; (c) To the maximum extent feasible, the services funded under 49 U.S.C. § 5310 will be coordinated with transportation services assisted by other Federal departments and agencies, including any transportation activities carried out by a recipient of a grant from the Department of Health and Human Services; and (d) If the applicant will allocate funds received under 49 U.S.C. § 5310 to subrecipients, it will do so on a fair and equitable basis. CATEGORY 13. ST ATE OF GOOD REPAIR GRANTS. If the applicant will apply for an award under FTA 's State of Good Repair Grants Program (49 U.S.C. § 5337), it must make the.following cert(fication. Because FTA generally does not review the trans ii assel management plans of public tramportation providers, the assel managemenl cert(fication is necessary to enforce the provisions of 49 U.S.C. § 5337(a)(4). The certifica tion with regard lo acquiring restricted rail rolling stock is required by 49 U.S.C. § 5323(u)(4). Note thal this cert(fication is no/ limiled to the use of Federal funds . The applicant certifies that the projects it will carry out using assistance authorized by the State of Good Repair Grants Program, 49 U.S.C. § 5337, are aligned with the applicant's most recent transit asset management plan and are identified in the investment and prioritization section of such plan, consistent with the requirements of 49 CFR Part 625. 15 HCBOC 040124 Pg. 79 Certifications and Assurances Fiscal Year 2024 If the applicant operates a rail fixed guideway service, the applicant certifies that, in the fiscal year for which an award is available to the applicant under the State of Good Repair Grants Program, 49 U.S.C. § 5337, the applicant will not award any contract or subcontract for the procurement of rail rolling stock for use in public transportation with a rail rolling stock manufacturer described in 49 U.S.C. § 5323(u)(I). CATEGORY 14. INFRASTRUCTURE FINANCE PROGRAMS. If the applicant will apply for an award for a project that will include assistance under the Transportation Infrastructure flnance and Innovation Act ("TIFIA ") Program (23 U.S.C. §§ 601 -609) or the State Infrastructure Banks ("SIB") Program (23 U.S.C. § 610), it must make the certifications in Category 8 for the Urbanized Area Formula Grants Program, Catego,y 10 for the Fixed Guideway Capital Investment Grants program, and Category 13 for the State of Good Repair Grants program. These certifications are required by 49 U.S.C. § 5323(0). Making this certification will incorporate the certifications in Categories 8, 10, and 13 by reference. CATEGORY 15. ALCOHOL AND CONTROLLED SUBSTANCES TESTING. ff the applicant will apply for an award under FTA 's Urbanized Area Formula Grants Program (49 U.S.C. § 5307), Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), Formula Grantsfor Rural Areas Program (49 U.S.C.§5311), or Grants for Buses and Bus Facilities Program (49 U.S. C. § 5339) programs, the applicant must make the following certification. The applicant must make this certification on its own behalf and on behalf of its subrecipients and contractors. This cert(fication is required by 49 CFR § 655.83. The applicant certifies that it, its subrecipients, and its contractors are compliant with FTA's regulation for t he Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations , 49 CFR Part 655. CAT EGORY 16. RAIL SAFETY TRAINING AND OVERSIGHT. ff the applicant is a State with at least one rail fixed guideway system, or is a State Safety Oversight Agency, or operates a rail.fixed guideway system, it must make the following certification. The elements of this certification are required by 49 CFR §§ 6 72.31 and 674.39. The applicant certifies that the rail fixed guideway public transportation sy stem and the State Safety Oversight Agency for the State are: (a) Compliant with the requirements of 49 C FR Part 672, "Public Transportation Safety Certification Training Program"; and (b) C ompliant with the requirements of 49 CFR Part 674, "Sate Safety Oversight". 16 HCBOC 040124 Pg. 80 Certifications and Assurances Fiscal Year 2024 CATEGORY 17. DEMAND RESPONSIVE SERVICE. lf the applicant operates demand responsive service and will apply for an award to purchase a non-rail vehicle that is not accessible within the meaning of 49 CFR Part 37, it must make the following certification. This certification is required by 49 CFR § 37. 77. The applicant certifies that the service it provides to individuals with disabilities is equivalent to that provided to other persons. A demand responsive system, when viewed in its entirety, is deemed to provide equivalent service if the service available to individuals with disabilities , including individuals who use wheelchairs, is provided in the most integrated setting appropriate to the needs of the individual and is equivalent to the service provided other individuals with respect to the following service characteristics: (a) Response time; (b) Fares; ( c) Geographic area of service; ( d) Hours and days of service; (e) Restrictions or priorities based on trip purpose; (f) Availability of information and reservation capability; and (g) Any constraints on capacity or service availability. CATEGORY 18. INTEREST AND FINANCING COSTS. ff the applicant will pay for interest or other financing costs of a project using assistance awarded under the Urbanized Area Formula Grants Program (49 USC.§ 530 7), the Fixed Guideway Capital Investment Grants Program (49 USC.§ 5309), or any program that must comply with the requirements of 49 USC.§ 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program (49 USC.§ 5310), ''.fiexfunds "from irifrastructure programs administered by the Federal Highways Administration (see 49 USC.§ 5334(i)), or awards to urbanized areas under the Grants for Buses and Bus Facilities Program (4 9 USC. § 5339), the applicant must make the following cert(fication. This certification is required by 49 USC.§§ 5307(e}(3) and 5309(k)(2)(D). The applicant certifies that: (a) Its application includes the cost of interest earned and payable on bonds issued by the applicant only to the extent proceeds of the bonds were or will be expended in carrying out the project identified in its application; and (b) The applicant has shown or will show reasonable diligence in seeking the most favorable financing terms available to the project at the time of borrowing. 17 HCBOC 040124 Pg. 81 Certifications and Assurances Fiscal Year 2024 CATEGORY 19. CYBERSECURITY CERTIFICATION FOR RAIL ROLLING STOCK AND OPERA TIO NS. If the applicant operates a rail fixed guideway public transportation system, it must make this certification. This certification is required by 49 US.C. § 5323(v). For information about standards or practices that may apply to a rail fixed guideway public transportation system, visit https://www.nist.gov/cyberframework and https://www.cisa.gov/. The applicant certifies that it has established a process to develop, maintain, and execute a written plan for identifying and reducing cybersecurity risks that complies with the requirements of 49 U.S.C. § 5323(v)(2). CATEGORY 20. PUBLIC TRANSPORTATION ON INDIAN RESERVATIONS FORMULA AND DISCRETIONARY PROGRAM (TRIBAL TRANSIT PROGRAMS). Before FTA may provide Federal assistance for an Award financed under either the Public Transportation on Indian Reservations Formula or Discretionary Program authorized under 49 U.S. C. § 5311 (c)(l), as amended by the FAST Act, (Tribal Transit Programs), the applicant must select the Certifications in Category 21, except as FTA determines otherwise in writing. Tribal Transit Program applicants may certify to this Category and Category 1 (Certifications and Assurances Required of Every Applicant) and need not make any other certification, to meet Tribal Transit Program certification requirements. If an applicant will apply for any program in addition to the Tribal Transit Program, additional certifications may be required. FTA has established terms and conditions for Tribal Transit Program grants financed with Federal assistance appropriated or made available under 49 U.S.C. § 5311 (c)( I). The applicant certifies that: (a) It has or will have the legal , financial , and technical capacity to carry out its Award, including the safety and security aspects of that Award. (b) It has or will have satisfactory continuing control over the use of its equipment and facilities acquired or improved under its Award. (c) It will maintain its equipment and facilities acquired or improved under its Award, in accordance with its transit asset management plan and consistent with FT A regulations, "Transit Asset Management," 49 CFR Part 625. Its Award will achieve maximum feasible coordination with transportation service financed by other federal sources. (d) With respect to its procurement system: (I) It will have a procurement system that complies with U.S. DOT regulations , "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards," 2 CFR Part 1201 , which incorporates by reference U.S. 0MB regulatory guidance, "Uniform Administrative Requirements, Cost 18 HCBOC 040124 Pg. 82 Certifications and Assurances Fiscal Year 2024 Principles, and Audit Requirements for Federal Awards," 2 CFR Part 200, for Awards made on or after December 26, 2014, (2) It will have a procurement system that complies with U.S. DOT regulations, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," 49 CFR Part 18, specifically former 49 CFR § 18.36, for Awards made before December 26, 2014, or (3) It will inform FTA promptly if its procurement system does not comply with either of those U.S. DOT regulations. (e) It will comply with the Certifications, Assurances, and Agreements in: (I) Category 05.1 and 05.2 (Charter Service Agreement and School Bus Agreement), (2) Category 06 (Transit Asset Management Plan), (3) Category 07.1 and 07.2 (Rolling Stock Buy America Reviews and Bus Testing), (4) Category 09 (Formula Grants for Rural Areas), (5) Category 15 (Alcohol and Controlled Substances Testing), and (6) Category 17 (Demand Responsive Service). CATEGORY 21. EMERGENCY RELIEF PROGRAM. An applicant to the Public Transportation Emergency Relief Program, 49 US.C. § 5324, must make the following certification. The certification is required by 49 U.S. C. § 5324(/) and must be made before the applicant can receive a grant under the Emergency Relief program. The applicant certifies that the applicant has insurance required under State law for all structures related to the emergency relief program grant application. 19 HCBOC 040124 Pg. 83 Certifications and Assurances Fiscal Year 2024 FEDERAL FISCAL YEAR 2024 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANCE PROGRAMS (Signature pages alternate to providing Certifications and Assurances in TrAMS.) Name of Applicant: County of Harnett The Applicant certifies to the applicable provisions of all categories: (check here) ✓ Or, The Applicant certifies to the applicable provisions of the categories it has selected: Category 01 Certifications and Assurances Required of Every Applicant 02 Public Transportation Agency Safety Plans 03 Tax Liability and Felony Convictions 04 Lobbying 05 Private Sector Protections 06 Transit Asset Management Plan 07 Rolling Stock Buy America Reviews and Bus Testing 08 Urbanized Area Formula Grants Program 09 Formula Grants for Rural Areas 10 Fixed Guideway Capital Investment Grants and the Expedited Project Delivery for Capital Investment Grants Pilot Program . 11 Grants for Buses and Bus Facilities and Low or No Emission Vehicle Deployment Grant Programs Certification HCBOC 040124 Pg. 84 Certifications and Assurances 12 Enhanced Mobility of Seniors and Individuals with Disabilities Programs 13 State of Good Repair Grants 14 Infrastructure Finance Programs 15 Alcohol and Controlled Substances Testing 16 Rail Safety Training and Oversight 17 Demand Responsive Service 18 Interest and Financing Costs 19 Cybersecurity Certification for Rail Rolling Stock and Operations 20 Tribal Transit Programs 21 Emergency Relief Program CERTIFICATIONS AND ASSlJRANCES SIGNATlJRE PAGE AFFIRMATION OF APPLICANT Name of the Applicant: County of Harnett Fiscal Year 2024 BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all federal laws, regulations, and requirements, follow applicable federal guidance, and comply with the Certifications and Assurances as indicated on the foregoing p age applicable to each app li cation its Authorized Representative makes to the Federal Transit Administration (FTA) in the federal fiscal year, irrespective of whether the individual that acted on his or her Applicant's behalf continues to represent it. The Certifications and Assurances the Applicant selects apply to each Award for which it now seeks, or may later seek federal assistance to be awarded by FT A during the federal fiscal year. The Applicant affirms the truthfulness and accuracy of the Certifications and Assurances it has selected in the statements submitted with this document and any other submission made to FTA , and acknowledges that the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 el seq., and implementing U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31 , apply to any certification, assurance or submission made to FT A. The criminal provisions of 18 U.S.C. § I 00 I apply to any certification, assurance, or submission made in connection with a federal public transportation program authorized by 49 U.S.C. chapter 53 or any other statute 2 HCBOC 040124 Pg. 85 Certifications and Assurances Fiscal Year 2024 In signing this document, I declare under penalties of perjury that the fo regoing Certifications and Assurances, and any other statements made by me on behalf of the Applicant are true and accurate. Signature. _________________________ _ Date: Name William Morris Authorized Representative of Applicant AFFIRMATION OF APPLICANT'S ATTORNEY For (Name of Applicant): _c_o_u_n_t..:_y_o_f_H_a_rn_e_tt ___________________ _ As the undersigned Attorney for the above-named Applicant, I hereby affirm to the Applicant that it has authority under state, local, or tribal government law, as applicable, to make and comply with the Certifications and Assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the Certifications and Assurances have been legally made and constitute legal and binding obligations on it. I further affirm that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these Certifications and Assurances, or of the performance of its FT A assisted Award. Signature _________________________ _ Date: Name Christopher Appel Attorney for Applicant Each Applicanlforfederal assistance to be mvarded by FTA mus/ provide an Affirmation of Applicant's Attorney perraining ro the Applicant 's legal capacity. The Applicant may enter its electronic signature in lieu of the Allorney ·s signa/Ure within TrAMS, provided the Applicant has on file and uploaded to Tr AMS this hard-copy Affirmation, signed by /he attorney and dated this federal fiscal year. 3 HCBOC 040124 Pg. 86 (Required of all Applicants) CERTIFICATION AND RESTRICTIONS ON LOBBYING I, William Morris, Chairman of Harnett County Boad of Commissioners Name of Authorized Official County of Harnett Legal Name of Applicant Hereby certifies that: , on behalf of No Federal/State appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal/State agency, a Member of Congress or State Legislature, an employee of a member of Congress or State Legislature, or an officer or employee of Congress or State Legislature in connection with the awarding of any Federal/State contract, the making of any Federal/State grant, the making of any Federal/State loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal/State contract, grant, loan, or cooperative agreement. If any funds other than Federal/State appropriated funds have been paid or will be paid to any person influencing or attempting to influence an officer or employee of any Federal/State agency, a Member of Congress or State Legislature, an employee of a member of Congress or State Legislature, or an officer or employee of Congress or State Legislature in connection with the Federal/State contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including sub-contracts, sub-grants and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such fqilure. The undersigned certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. Section 3801, et seq., are applicable thereto. Signature of Authorized Official Seal Subscribed and sworn to me (date) Notary Public Melissa D. Capps Post Office Box 759, Lillington, North Carolina 27546 Printed Name and Address My commission expires (date) December 13, 2026 Affu: Notary Seal Here HCBOC 040124 Pg. 87 (Required of all Applicants that plan to procure inaccessible vehicles or have them in their fleet) CERTIFICATION OF EQUIVALENT SERVICE County of Harnett certifies that its demand responsive service offered to individuals with disabilities as defined in 49 CFR 37.3), including individuals who use wheelchairs, is equivalent to the level and quality of service offered to individuals without disabilities. Such service, when viewed in its entirety, is provided in the most integrated setting feasible and is equivalent with respect to: 1) Response time; 2) Fares; 3) Geographic service area; 4) Hours and days of service; 5) Restrictions or priorities based on trip purpose; 6) Availability of information and reservation capability; and 7) Constraints on capacity or service availability. In accordance with 49 CFR 37.77, public funded entities operating demand responsive systems for the general public which receive financial assistance under section 18 of the Federal Transit Act must file this certification with the appropriate state program office before procuring any inaccessible vehicle. NCDOT also requires state funded entities that do not receive Federal Transit Administration (FTA) funds to file this certification as well. This certification is valid for no longer than one year from its date of filing. The NCDOT Public Transportation Division requires all participants to certify equivalent service when requesting to purchase non-ADA accessible vehicles. By signing this certification, the above-named agency is certifying that it has a mechanism in place to provide rides to individuals with disabilities. The ride must be provided in a manner equivalent to the service provided by the above-named agency to individuals without disabilities. Verification must include the attached form entitled Measuring and Monitoring Equivolency for a General Public Demond Responsive Transportation Service. Signature of Authorized Official Seal Subscribed and sworn to me (dote) Notary Public Melissa D. Capps Post Office Box 759, Lillington, North Carolina 27546 Printed Nome and Address My commission expires (date) December 13, 2026 ;•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••no Affix Notary Seal He re ................................................................................................. HCBOC 040124 Pg. 88 Measuring and Monitoring Equivalency for a General Public Demand Responsive Transportation Service Criteria/Requirement Data and Analysis to Ensure Equivalency Service Area Response Time Fares Days and Hours Trip Purposes Capacity Constraints: Trip Denials Trip Caps Waiting Lists Missed Trips On -Time Performance Travel Time HCBOC 040124 Pg. 89 Comparison of ADA Regulatory Requirements for General Public Demand Responsive Services versus ADA Complementary Paratransit Services Criteria/Requirement General Public Demand Respons ive ADA Complementary Paratransit Services Transportation Services {Equivalency) {Comparable to Fixed Route) Whatever policy you set. Same for everyone. Origin-to-destination Type of Service (DTD V CTC} Same as everyone else ¾ of a mile of all non-commuter fixed routes Service Area Same as everyone else Next-day service Response Time Same for all 2 times base fixed route fare Fares Same for all All the fixed route hours Days and Hours Can set policy; same for all All trip purposes; no priorities Trip Purpose Same for all No capacity constraints Capacity Constraints Provide accessible information and Provide accessible information and Information and Communication Access communications communications HCBOC 040124 Pg. 90 FY 2025 Special Section 5333 (b) Warranty Special Section 5333(b) Warranty For Application to the Nonurbanized Area Formula Program The following language shall be made part of the contract of assistance with the State or other public body charged with allocation and administration of funds provided under the Community Transportation Program (CTP): A . General Application The Public Body (The North Carolina Department of Transportation) agrees that the terms and conditions of this warranty, as set forth below, shall apply for the protection of the transportation related employees of any employer providing transportation services assisted by the project, County of Harnett (Legal Name of Applicant) and the transportation related employees of any other surface public transportation providers in the transportation service area of the project. The Public Body shall provide to the U. S. Department of Labor and maintain at all times during the Project an accurate, up-to-date listing of all existing transportation providers which are eligible Recipients of transportation assistance funded by the Project, in the transportation service area of the Project, and any labor organizations representing the employees of such providers. Certification by the Public Body to the U. S. Department of Labor that the designated Recipients have indicated in writing acceptance of the terms and conditions of the warranty arrangement will be sufficient to permit the flow of CTP funding in the absence of a finding of noncompliance by the Department of Labor. B. Standard Terms and Conditions (1) The Project shall be carried out in such a manner and upon such terms and conditions as will not adversely affect employees of the Recipient and of any other surface public transportation provider in the transportation service area of the Project. It shall be an obligation of the Recipient to assure that any and all transportation services assisted by the Project are contracted for and operated in such a manner that they do not impair the rights and interests of affected employees. The term "Project," as used herein, shall not be limited to the particular facility, service, or operation assisted by Federal funds, but shall include any changes, whether organizational, operational, technological, or otherwise, which are a result of the assistance provided. The phrase "as a result of the Project," shall, when used in this arrangement, include events related to the Project occurring in anticipation of, during, and subsequent to the Project and any program of efficiencies or economies related thereto; provided, however, that volume rises and falls of business, or changes in volume and character of employment brought about solely by causes other than the Project (including I NCDOT-IMD March 5, 2024 HCBOC 040124 Pg. 91 FY 2025 Special Section 5333 (b) Warranty any economies or efficiencies unre lated to the Project) are not within the purview of this arrangement. An employee covered by this arrangement, who is not dismissed, displaced or otherwise worsened in his/her position with regard to employment as a result of the Project, but who is d i smissed, displaced or otherwise worsened solely because of the total or partial termination of the Project or exhaustion of Project funding shall not be deemed eligible for a dismissal or displacement allowance within the meaning of paragraphs (6) and (7) of this arrangement. (2) Where employees of a Recipient are represented for collective bargaining purposes, all Project services provided by that Recipient shall be p rovided under and in accordance with any collective bargaining agreement applicable to such employees which is then in effect. This Arrangement does not create any collective bargaining relationship where one does not already exist or between any Recipient and the employees of another employer. Where the Recipient has no collective bargaining relationship with the Unions representing employees in the service area, the Recipient will not take any action which impairs or interferes with the rights, privileges, and benefits and/or the preservation or continuation of the collective bargaining rights of such employees. (3) All rights, privileges, and benefits (including pension rights and benefits) of employees covered by this arrangement (including employees having already retired) under existing collective bargaining agreements or otherwise, or under any revision or renewal thereof, shall be preserved and continued; provided, however, that such rights, privileges and benefits which are not foreclosed from further bargaining under applicable law or contract may be modified by collective bargaining and agreement by t he Recipient and the Union involved to substitute other rights, privileges and benefits. Unless otherwise provided, nothi ng in this arrangement shall be deemed to restrict any rights the Recipient may otherwise have to direct the working forces and manage its bus iness as it deemed best, in accordance w ith the applicable collective bargaining agreement. (4) The collective bargaining rights of employees covered by this arrangement, including the right to arbitrate labor disputes and to maintain union security and checkoff arrangements, as provided by applicable laws, policies and/or existing collective bargaining agreements, shall be preserved and cont inued. Provi ded, however, that this provision shall not be interpreted so as to require the Recipient to retain any such rights which exist by vi rtue of a collective bargaining agreement after such agreement is no longer in effect. 2 N CDOT-IMD March 5, 2024 HCBOC 040124 Pg. 92 FY 2025 Special Section 5333 (b) Warranty The Recipient agrees that it will bargain collectively with the Union or otherwise arrange for the continuation of collective bargaining, and that it will enter into agreements with the Union or arrange for such agreements to be entered into, relative to all subjects which are or may be proper subjects of collective bargaining. If, at any time, applicable law or contracts permit or grant to employees covered by this arrangement the right to utilize any economic measures, nothing in this arrangement shall be deemed to foreclose the exercise of such right. (5)(a) The Recipient shall provide to all affected employees sixty (60) days' notice of intended actions which may result in displacements or dismissals or rearrangements of the working forces as a result of the Project. In the case of employees represented by a Union, such notice shall be provided by certified mail through their representatives. The notice shall contain a full and adequate statement of the proposed changes, and an estimate of the number of employees affected by the intended changes, and the number and classifications of any jobs within the jurisdiction and control of the Recipient, including those in the employment of any entity bound by this arrangement pursuant to paragraph (21), available to be filled by such affected employees. (5)(b) The procedures of this subparagraph shall apply to cases where notices involve employees represented by a Union for collective bargaining purposes. At the request of either the Recipient or the representatives of such employees, negotiations for the purposes of reaching agreement with respect to the application of the terms and conditions of this arrangement shall commence immediately. These negotiations shall include determining the selection of forces from among the mass transportation employees who may be affected as a result of the Project, to establish which such employees shall be offered employment for which they are qualified or can be trained. If no agreement is reached within twenty (20) days from the commencement of negotiations, any party to the dispute may submit the matter to dispute settlement procedures in accordance with paragraph (15) of this arrangement. Unless the parties otherwise mutually agree in writing, no change in operations, services, facilities or equipment within the purview of this paragraph (5) shall occur until after either: 1) an agreement with respect to the application of the terms and conditions of this arrangement to the intended change(s) is reached; 2) the decision of the arbitrator has been rendered pursuant to this subparagraph (b); or 3) an arbitrator selected pursuant to Paragraph (15) of this arrangement determines that the intended change(s) may be instituted prior to the finalization of implementing arrangements. (5)(c) In the event of a dispute as to whether an intended change within the purview of this paragraph (5) may be instituted at the end of the 60-day notice period and before an implementing agreement is reached or a final arbitration decision is rendered pursuant to subparagraph (b), any involved party may immediately submit that issue to arbitration under paragraph (15) of this arrangement. In any such arbitration, the arbitrator shall rely upon the standards and criteria utilized by the Surface Transportation Board (and its predecessor agency, the Interstate Commerce Commission) to address the "preconsummation" issue in cases involving employee protections pursuant to 49 U.S.C. Section 11326 (or its 3 NCDOT-IMD March 5 , 2024 HCBOC 040124 Pg. 93 FY 2025 Special Section 5333 (b) Warranty predecessor, Section 5(2)(f) of the Interstate Commerce Act, as amended). If the Recipient demonstrates, as a threshold matter in any such arbitration, that the intended action is a trackage rights, lease proceeding or similar transaction, and not a merger, acquisition, consolidation, or other similar transaction, the burden shall then shift to the involved labor organization(s) to prove that under the standards and criteria referenced above, the intended action should not be permitted to be instituted prior to the effective date of a negotiated or arbitrated implementing agreement. If the Recipient fails to demonstrate that the intended action is a trackage rights, lease proceeding, or similar transaction, it shall be the burden of the Recipient to prove that under the standards and criteria referenced above, the intended action should be permitted to be instituted prior to the effective date of a negotiated or arbitrated implementing agreement. For purposes of any such arbitration, the time period within which the parties are to respond to the list of potential arbitrators submitted by the American Arbitration Association Service shall be five (5) days, the notice of hearing may be given orally or by facsimile, the hearing will be held promptly, the award of the arbitrator shall be rendered promptly and, unless otherwise agreed to by the parties, no later than fourteen (14) days from the date of closing the hearings, with five (5) additional days for mailing if posthearing briefs are requested by either party. The intended change shall not be instituted during the pendency of any arbitration proceedings under this subparagraph (c). (5)(d) If an intended change within the purview of this paragraph (5) is instituted before an implementing agreement is reached or a final arbitration decision is rendered pursuant to subparagraph (b), all employees affected shall be kept financially whole, as if the noticed and implemented action has not taken place, from the time they are affected until the effective date of an implementing agreement or final arbitration decision. This protection shall be in addition to the protective period defined in paragraph (14) of this arrangement, which period shall begin on the effective date of the implementing agreement or final arbitration decision rendered pursuant to subparagraph (b). An employee selecting, bidding on, or hired to fill any position established as a result of a noticed and implemented action prior to the consummation of an implementing agreement or final arbitration decision shall accumulate no benefits under this arrangement as a result thereof during that period prior to the consummation of an implementing agreement or final arbitration decision pursuant to subparagraph (b). (6)(a) Whenever an employee, retained in service, recalled to service, or employed by the Recipient pursuant to paragraphs (5), (7)(e), or (18) hereof is placed in a worse position with respect to compensation as a result of the Project, the employee shall be considered a "displaced employee", and shall be paid a monthly "displacement allowance" to be determined in accordance with this paragraph. Said displacement allowance shall be paid each displaced employee during the protective period so long as the employee is unable, in the exercise of his/her seniority rights, to obtain a position producing compensation equal to or exceeding the compensation the employee received in the position from which the 4 NCDOT-IMD March 5 , 2024 HCBOC 040124 Pg. 94 FY 2025 Special Section 5333 (b) Warranty employee was displaced, adjusted to reflect subsequent general wage adjustments, including cost of living adjustments where provided for. (6)(b) The displacement allowance shall be a monthly allowance determined by computing the total compensation received by the employee, including vacation allowances and monthly compensation guarantees, and his/her total time paid for during the last twelve (12) months in which the employee performed compensated service more than fifty per centum of each such months, based upon the employee's normal work schedule, immediately preceding the date of his/her displacement as a result of the Project, and by dividing separately the total compensation and the total time paid for by twelve, thereby producing the average monthly compensation and the average monthly time paid for. Such allowance shall be adjusted to reflect subsequent general wage adjustments, including cost of living adjustments where provided for. If the displaced employee's compensation in his/her current position is less in any month during his/her protective period than the aforesaid average compensation (adjusted to reflect subsequent general wage adjustments, including cost of living adjustments where provided for), the employee shall be paid the difference, less compensation for any time lost on account of voluntary absences to the extent that the employee is not available for service equivalent to his/her average monthly time, but the employee shall be compensated in addition thereto at the rate of the current position for any time worked in excess of the average monthly time paid for. If a displaced employee fails to exercise his/her seniority rights to secure another position to which the employee is entitled under the then existing collective bargaining agreement, and which carries a wage rate and compensation exceeding that of the position which the employee elects to retain, the employee shall thereafter be treated, for the purposes of this paragraph, as occupying the position the employee elects to decline. (6)(c) The displacement allowance shall cease prior to the expiration of the protective period in the event of the displaced employee's resignation, death, retirement, or dismissal for cause in accordance with any labor agreement applicable to his/her employment. 5 NCDOT-IMD Marc h 5 , 2024 HCBOC 040124 Pg. 95 FY 2025 Special Section 5333 (b) Warranty (7}(a) Whenever any employee is laid off or otherwise deprived of employment as a result of the Project, in accordance with any collective bargaining agreement applicable to his/her employment, the employee shall be considered a "dismissed employee" and shall be paid a monthly dismissal allowance to be determined in accordance with this paragraph. Said dismissal allowance shall first be paid each dismissed employee on the thirtieth {30th) day following the day on which the employee is "dismissed" and shall continue during the protective period, as follow: Employee's length of Service prior to adverse effect Period of protection 1 day to 6 years equivalent period 6 years or more 6 years The monthly dismissal allowance shall be equivalent to one-twelfth (1/12th) of the total compensation received by the employee in the last twelve {12) months of his/her employment in which the employee performed compensation service more than fifty per centum of each such month based on the employee's normal work schedule to the date on which the employee was first deprived of employment as a result of the Project. Such allowance shall be adjusted to reflect subsequent general wage adjustments, including cost of living adjustments where provided for. {7}(b) An employee shall be regarded as deprived of employment and entitled to a dismissal allowance when the position the employee holds is abolished as a result of the Project, or when the position the employee holds is not abolished but the employee loses that position as a result of the exercise of seniority rights by an employee whose position is abolished as a result of the Project or as a result of the exercise of seniority rights by other employees brought about as a result of the Project, and the employee is unable to obtain another position, either by the exercise of the employee's seniority rights, or through the Recipient, in accordance with subparagraph (e). In the absence of proper notice followed by an agreement or decision pursuant to paragraph (5) hereof, no employee who has been deprived of employment as a result of the Project shall be required to exercise his/her seniority rights to secure another position in order to qualify for a dismissal allowance hereunde r. {7}(c) Each employee receiving a dismissal allowance shall keep the Recipient informed as to his/her current address and the current name and address of any other person by whom the employee may be regularly employed, or if the employee is self-employed. 6 NCDOT-IMD March 5 , 2024 HCBOC 040124 Pg. 96 FY 2025 Special Section 5333 (b) Warranty (7)(d) The dismissal allowance shall be paid to the regularly assigned incumbent of the position abolished. If the position of an employee is abolished when the employee is absent from service, the employee will be entitled to the dismissal allowance when the employee is available for service. The employee temporarily filling said position at the time it was abolished will be given a dismissal allowance on the basis of that position, until the regular employee is available for service, and thereafter shall revert to the employee's previous status and will be given the protections of the agreement in said position, if any are due him/her. (7)(e) An employee receiving a dismissal allowance shall be subject to call to return to service by the employee's former employer; notification shall be in accordance with the terms of the then-existing collective bargaining agreement if the employee is represented by a union. Prior to such call to return to work by his/her employer, the employee may be required by the Recipient to accept reasonably comparable employment for which the employee is physically and mentally qualified, or for which the employee can become qualified after a reasonable training or retraining period, provided it does not require a change in residence or infringe upon the employment rights of other employees under then- existing collective bargaining agreements. (7)(f) When an employee who is receiving a dismissal allowance again commences employment in accordance with subparagraph (e) above, said allowance shall cease while the employee is so reemployed, and the period of time during which the employee is so reemployed shall be deducted from the total period for which the employee is entitled to receive a dismissal allowance. During the time of such reemployment, the employee shall be entitled to the protections of this arrangement to the extent they are applicable. (7)(g) The dismissal allowance of any employee who is otherwise employed shall be reduced to the extent that the employee's combined monthly earnings from such other employment or self-employment, any benefits received from any unemployment insurance law, and his/her dismissal allowance exceed the amount upon which the employee's dismissal allowance is based. Such employee, or his/her union representative, and the Recipient shall agree upon a procedure by which the Recipient shall be kept currently informed of the earnings of such employee in employment other than with the employee's former employer, including self-employment, and the benefits received. (7)(h) The dismissal allowance shall cease prior to the expiration of the protective period in the event of the failure of the employee without good cause to return to service in accordance with the applicable labor agreement, or to accept employment as provided under subparagraph (e) above, or in the event of the employee's resignation, death, retirement, or dismissal for cause in accordance with any labor agreement applicable to his/her employment. (7)(i) A dismissed employee receiving a dismissal allowance shall actively seek and not refuse other reasonably comparable employment offered him/her for which the employee is 7 NCDOT-IMD March 5 , 2024 HCBOC 040124 Pg. 97 FY 2025 Special Section 5333 (b) Warranty physically and mentally qualified and does not require a change in the employee's place of residence. Failure of the dismissed employee to comply with this obligation shall be grounds for discontinuance of the employee's allowance; provided that said dismissal allowance shall not be discontinued until final determination is made either by agreement between the Recipient and the employee or his/her representative, or by final arbitration decision rendered in accordance with paragraph (15) of this arrangement that such employee did not comply with this obligation . (8) In determining length of service of a displaced or dismissed employee for purposes of this arrangement, such employee shall be given full-service credits in accordance with the records and labor agreements applicable to him/her and the employee shall be given additional service credits for each month in which the employee receives a dismissal or displacement allowance as if the employee were continuing to perform services in his/her former position. (9) No employee shall be entitled to either a displacement or dismissal allowance under paragraphs (6) or (7) hereof because of the abolishment of a position to which, at some future time, the employee could have bid, been transferred, or promoted. (10) No employee receiving a dismissal or displacement allowance shall be deprived, during the employee's protected period, of any rights, privileges, or benefits attaching to his/her employment, including, without limitation, group life insurance, hospitalization and medical care, free transportation for the employee and the employee's family, sick leave, continued status and participation under any disability or retirement program, and such other employee benefits as Railroad Retirement, Social Security, Workmen's Compensation, and unemployment compensation, as well as any other benefits to which the employee may be entitled under the same conditions and so long as such benefits continue to be accorded to other employees of the bargaining unit, in active service or furloughed as the case may be. (ll)(a) Any employee covered by this arrangement who is retained in the service of his/her employer, or who is later restored to service after being entitled to receive a dismissal allowance, and who is required to change the point of his/her employment in order to retain or secure active employment with the Recipient in accordance with this arrangement, and who is required to move his/her place of residence, shall be reimbursed for all expenses of moving his/her household and other personal effects, for the traveling expenses for the employee and members of the employee's immediate family, including living expenses for the employee and the employee's immediate family, and for his/her own actual wage loss during the time necessary for such transfer and for a reasonable time thereafter, not to exceed five (5) working days. The exact extent of the responsibility of the Recipient under this paragraph, and the ways and means of transportation, shall be agreed upon in advance between the Recipient and the affected employee or the employee's representatives. (ll)(b) If any such employee is laid off within three (3) years after changing his/her point of employment in accordance with paragraph (a) hereof, and elects to move his/her place of 8 NCDOT-IMD March 5, 2024 HCBOC 040124 Pg. 98 FY 2025 Special Section 5333 (b) Warranty residence back to the original point of employment, the Recipient shall assume the expenses, losses and costs of moving to the same extent provided in subparagraph (a) of this paragraph (11) and paragraph (12)(a) hereof. (ll)(c) No claim for reimbursement shall be paid under the provisions of this paragraph unless such claim is presented to the Recipient in writing within ninety (90} days after the date on which the expenses were incurred. (ll)(d) Except as otherwise provided in subparagraph (b), changes in place of residence, subsequent to the initial changes as a result of the Project, which are not a result of the Project but grow out of the normal exercise of seniority rights, shall not be considered within the purview of this paragraph. (12)(a) The following conditions shall apply to the extent they are applicable in each instance to any employee who is retained in the service of the employer (or who is later restored to service after being entitled to receive a dismissal allowance), who is required to change the point of his/her employment as a result of the Project and is thereby required to move his/her place of residence. If the employee owns his/her own home in the locality from which the employee is required to move, the employee shall, at the employee's option, be reimbursed by the Recipient for any loss suffered in the sale of the employee's home for less than its fair market value, plus conventional fees and closing costs, such loss to be paid within thirty (30) days of settlement or closing on the sale of the home. In each case, the fair market value of the home in question shall be determined, as of a date sufficiently prior to the date of the Project, so as to be unaffected thereby. The Recipient shall, in each instance, be afforded an opportunity to purchase the home at such fair market value before it is sold by the employee to any other person and to reimburse the seller for his/her conventional fees and closing costs. If the employee is under a contract to purchase his/her home, the Recipient shall protect the employee against loss under such contract, and in addition, shall relieve the employee from any further obligation thereunder. If the employee holds an unexpired lease of a dwelling occupied as the employee's home, the Recipient shall protect the employee from all loss and cost in securing the cancellation of said lease . (12)(b) No claim for loss shall be paid under the provisions of this paragraph unless such claim is presented to the Recipient in writing within one year after the effective date of the change in residence. (12)(c) Should a controversy arise in respect to the value of the home, the loss sustained in its sale, the loss under a contract for purchase, loss and cost in securing termination of a lease, or any other question in connection with these matters, it shall be decided through a 9 NCDOT-IMD March 5, 2024 HCBOC 040124 Pg. 99 FY 2025 Special Section 5333 (b) Warranty joint conference between the employee, or his/her union, and the Recipient. In the event they are unable to agree, the dispute or controversy may be referred by the Recipient or the union to a board of competent real estate appraisers selected in the following manner: one (1) to be selected by the representatives of the employee, and one (1) by the Recipient, and these two, if unable to agree within thirty (30} days upon the valuation, shall endeavor by agreement with ten (10) days thereafter to select a third appraiser or to agree to a method by which a third appraiser shall be selected, and failing such agreement, either party may request the State and local Board of Real Estate Commissioners to designate within ten (10) days a third appraiser, whose designation will be binding upon the parties and whose jurisdiction shall be limited to determination of the issues raised in this paragraph only. A decision of a majority of the appraisers shall be required and said decision shall be final, binding, and conclusive. The compensation and expenses of the neutral appraiser including expenses of the appraisal board, shall be borne equally by the parties to the proceedings. All other expenses shall be paid by the party incurring them, including the compensation of the appraiser selected by such party. (12)(d) Except as otherwise provided in paragraph (ll)(b) hereof, changes in place of residence, subsequent to the initial changes as a result of the Project, which are not a result of the Project but grow out of the normal exercise of seniority rights, shall not be considered within the purview of this paragraph. (12)(e) "Change in residence" means transfer to a work location which is either (A) outside a radius of twenty (20) miles of the employee's former work location and farther from the employee's residence than was his/her former work location, or (B) is more than thirty (30} normal highway route miles from the employee's residence and also farther from his/her residence than was the employee's former work location. 10 NCDOT-IMD March 5, 2024 HCBOC 040124 Pg. 100 FY 2025 Special Section 5333 (b) Warranty (13}(a) A dismissed employee entitled to protection under this arrangement may, at the employee's option within twenty-one {21) days of his/her dismissal, resign and (in lieu of all other benefits and protections provided in this arrangement) accept a lump sum payment computed in accordance with section (9) of the Washington Job Protection Agreement of May 1936: Length of Service 1 year and less than 2 years 2 years and less than 3 years 3 years and less than 5 years 5 years and less than 10 years 10 years and less than 15 years 15 years and over Separation Allowance 3 months' pay 6 months' pay 9 months' pay 12 months' pay 12 months' pay 12 months' pay In the case of an employee with less than one year's service, five days' pay, computed by multiplying by 5 the normal daily earnings (including regularly scheduled overtime, but excluding other overtime payments) received by the employee in the position last occupied, for each month in which the employee performed service, will be paid as the lump sum. Length of service shall be computed as provided in Section 7(b) of the Washington Job Protection Agreement, as follows: For the purposes of this arrangement, the length of service of the employee shall be determined from the date the employee last acquired an employment status with the employing carrier and the employee shall be given credit for one month's service for each month in which the employee performed any service (in any capacity whatsoever) and twelve (12) such months shall be credited as one year's service. The employment status of an employee shall not be interrupted by furlough in instances where the employee has a right to and does return to service when called . In determining length of service of an employee acting as an officer or other official representative of an employee organization, the employee will be given credit for performing service while so engaged on leave of absence from the service of a car rier. (13}(b) One month's pay shall be computed by multiplying by 30 the normal daily earnings (including regularly scheduled overtime but excluding other overtime payments) received by the employee in the position last occupied prior to time of the employee's dismissal as a result of the Project. (14) Whenever used herein, unless the context requires otherwise, the term "protective period" means that period of time during which a displaced or dismissed employee is to be provided protection hereunder and extends from the date on which an employee is displaced or dismissed to the expiration of six (6) years therefrom, provided, however, that the protective period for any part icular employee duri ng which the employee is entitled to receive the benefits of these provisions shall not continue for a longer period following the 11 NCDOT-IMD March 5 , 2024 HCBOC 040124 Pg. 101 FY 2025 Special Section 5333 (b) Warranty date the employee was displaced or dismissed than the employee's length of service, as shown by the records and labor agreements applicable to his/her employment prior to the date of the employee's displacement or dismissal. (15){a) In the event that employee(s) are represented by a Union, any dispute, claim, or grievance arising from or relating to the interpretation, application or enforcement of the provisions of this arrangement, not otherwise governed by paragraph 12(c), the Labor- Management Relations Act, as amended, the Railway Labor Act, as amended, or by impasse resolution provisions in a collective bargaining or protective arrangement involving the Recipient and the Union, which cannot be settled by the parties thereto within thirty (30) days after the dispute or controversy arises, may be referred by any such party to any final and binding disputes settlement procedure acceptable to the parties. In the event they cannot agree upon such procedure, the dispute, claim, or grievance may be submitted at the written request of the Recipient or the Union to final and binding arbitration. Should the parties be unable to agree upon the selection of a neutral arbitrator within ten (10) days, any party may request the American Arbitration Association to furnish, from among arbitrators who are then available to serve, five (5) arbitrators from wh ich a neutral arbitrator shall be selected. The parties shall, within five (5) days after the receipt of such list, determine by lot the order of elimination and thereafter each shall, in that order, alternately eliminate one name until only one name remains. The remaining person on the list shall be the neutral arbitrator. Unless otherwise provided, in the case of arbitration proceedings, under paragraph (5) of this arrangement, the arbitration shall commence within fifteen (15) days after selection or appointment of the neutral arbitrator, and the decision shall be rendered within forty-five (45) days after the hearing of the dispute has been concluded and the record closed. The decision shall be final and binding. All the conditions of the arrangement shall continue to be effective duri ng the arbitration proceedings . {15){b) The compensation and expenses of the neutral arbitrator, and any other jointly incurred expenses, shall be borne equally by the Union(s) and Recipient, and all other expenses shall be paid by the party incurring them. (15)(c) In the event that employee(s) are not represented by a Union, any dispute, claim, or grievance arising from or relating to the interpretation, application or enforcement of the provisions of this arrangement which cannot be settled by the Recipient and the employee(s) within thirty (30) days after the dispute or controversy arises, may be referred by any such party to any final and binding dispute settlement procedure acceptable to the parties, or in the event the parties cannot agree upon such a procedure, the dispute or controversy may be referred to the Secretary of Labor for a final and binding determination. 12 NCDOT-IMD March 5, 2024 HCBOC 040124 Pg. 102 FY 2025 Special Section 5333 (b) Warranty {15)(d) In the event of any dispute as to whether or not a particular employee was affected by the Project, it shall be the obligation of the employee or the representative of the employee to identify the Project and specify the pertinent facts of the Project relied upon. It shall then be the burden of the Recipient to prove that factors other than the Project affected the employee. The claiming employee shall prevail if it is established that the Project had an effect upon the employee even if other factors may also have affected the employee. (See Hodgson's Affidavit in Civil Action No. 825-71). (16) The Recipient will be financially responsible for the application of these conditions and will make the necessary arrangements so that any employee covered by this arrangement may file a written claim of its violation, through the Union, or directly if the employee is outside the bargaining unit, with the Recipient within sixty (60) days of the date the employee is terminated or laid off as a result of the Project, or within eighteen {18) months of the date the employee's position with respect to his/her employment is otherwise worsened as a result of the Project. In the latter case, if the events giving rise to the claim have occurred over an extended period, the 18-month limitation shall be measured from the last such event. No benefits shall be payable for any period prior to six (6) months from the date of the filing of any claim. Unless such claims are filed with the Recipient within said time lim itations, the Recipient shall thereafter be relieved of all liabilities and obligations related to the claim. The Recipient will fully honor the claim, making appropriate payments, or will give notice to the claimant or his/her representative of the basis for denying or modifying such claim, giving reasons, therefore. If the Recipient fails to honor such claim, the Union or non- bargaining unit employee may invoke the following procedures for further joint investigation of the cla im by giving notice in writing. Within ten (10) days from the receipt of such notice, the parties shall exchange such factual material as may be requested of them relevant to the disposition of the claim and shall jointly take such steps as may be necessary or desirable to obtain from any third party such additional factual materials as may be relevant. In the event the Recipient rejects the claim, the claim may be processed to arbitration as hereinabove provided by paragraph (15). (17) Nothing in this arrangement shall be construed as depriving any employee of any rights or benefits which such employee may have under existing employment or collective bargaining agreements or otherwise; provided that there shall be no duplication of benefits to any employee, and, provided further, that any benefit under this arrangement shall be construed to include the conditions, responsibilities, and obligations accompanying such benefit. This arrangement shall not be deemed a waiver of any rights of any Union or of any represented employee derived from any other agreement or provision of federal, state or local law. 13 NCDOT-IMD March 5, 2024 HCBOC 040124 Pg. 103 FY 2025 Special Section 5333 (b) Warranty (18) During the employee's protective period, a dismissed employee shall, if the employee so requests, in writing, be granted priority of employment or reemployment to fill any vacant position within the jurisdiction and control of the Recipient reasonably comparable to that which the employee held when dismissed, including those in the employment of any entity bound by this arrangement pursuant to paragraph (21) herein, for which the employee is, or by training or retraining can become, qualified; not, however, in contravention of collective bargaining agreements related thereto. In the event such employee requests such training or re-training to fill such vacant position, the Recipient shall provide for such training or re- training at no cost to the employee. The employee shall be paid the salary or hourly rate provided for in the applicable collective bargaining agreement or otherwise established in personnel policies or practices for such position, plus any displacement allowance to which the employee may be otherwise entitled . If such dismissed employee who has made such request fails, without good cause, within ten (10) days to accept an offer of a position comparable to that which the employee held when dismissed for which the employee is qualified, or for which the employee has satisfactorily completed such training, the employee shall, effective at the expiration of such ten-day period, forfeit all rights and benefits under this arrangement. As between employees who request employment pursuant to this paragraph, the following order where applicable shall prevail in hiring such employees: (a) Employees in the craft or class of the vacancy shall be given priority over employees without seniority in such craft or class; (b) As between employees having seniority in the craft or class of the vacancy, the senior employees, based upon their service in that craft or class, as shown on the appropriate seniority roster, shall prevail over junior employees; (c) As between employees not having seniority in the craft or class of the vacancy, the senior employees, based upon their service in the crafts or classes in which they do have seniority as shown on the appropriate seniority rosters, shall prevail over junior employees. (19) The Recipient will post, in a prominent and accessible place, a notice stating that the Recipient has received federal assistance under the Federal Transit statute and has agreed to comply with the provisions of 49 U.S.C., Section 5333(b). This notice shall also specify the terms and conditions set forth herein for the protection of employees. The Recipient shall maintain and keep on file all relevant books and records in sufficient detail as to provide the basic information necessary to the proper application, administration, and enforcement of this arrangement and to the proper determination of any claims arising thereunder. (20) In the event the Project is approved for assistance under the statute, the foregoing terms and conditions shall be made part of the contract of assistance between the federal government and the applicant for federal funds and between the applicant and any recipient of federal funds; provided, however, that this arrangement shall not merge into the contract 14 NCDOT-IMD March 5, 2024 HCBOC 040124 Pg. 104 FY 2025 Special Section 5333 (b) Warranty of assistance, but shall be independently binding and enforceable by and upon the parties thereto, and by any covered employee or his/her representative, in accordance with its terms, nor shall any other employee protective agreement merge into this arrangement, but each shall be independently binding and enforceable by and upon the parties thereto, in accordance with its terms. (21) This arrangement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered, or changed in any respect whatsoever by reason of the arrangements made by or for the Recipient to manage and operate the system. Any person, enterprise, body, or agency, whether publicly -or privately-owned, which shall undertake the management, provision and/or operation of the Project services or the Recipient's transit system, or any part or portion thereof, under contractual arrangements of any form with the Recipient, its successors or assigns, shall agree to be bound by the terms of this arrangement and accept the responsibility with the Recipient for full performance of these conditions. As a condition precedent to any such contractual arrangements, the Recipient shall require such person, enterprise, body or agency to so agree. (22) In the event of the acquisition, assisted with Federal funds, of any transportation system or services, or any part or portion thereof, the employees of the acquired entity shall be assured employment, in comparable positions, within the jurisdiction and control of the acquiring entity, including positions in the employment of any entity bound by this arrangement pursuant to paragraph (21). All persons employed under the provisions of this paragraph shall be appointed to such comparable positions without examination, other than that required by applicable federal, state or federal law or collective bargaining agreement, and shall be credited with their years of service for purposes of seniority, vacations, and pensions in accordance with the records of their former employer and/or any applicable collective bargaining agreements. (23) The employees covered by this arrangement shall continue to receive any applicable coverage under Social Security, Railroad Retirement, Workmen's Compensation, unemployment compensation, and the like. In no event shall these benefits be worsened as a result of the Project . (24) In the event any provision of this arrangement is held to be invalid, or otherwise unenforceable under the federal, state, or local law, in the context of a particular Project, the remaining provisions of this arrangement shall not be affected and the invalid or unenforceable provision shall be renegotiated by the Recipient and the interested Union representatives, if any, of the employees involved for purpose of adequate replacement under Section 5333(b). If such negotiation shall not result in mutually satisfactory agreement any party may invoke the jurisdiction of the Secretary of Labor to determine substitute fair and equitable employee protective arrangements for application only to the particular 15 NCDOT-IMD March 5 , 2024 HCBOC 040124 Pg. 105 FY 2025 Special Section 5333 (b) Warranty Project, which shall be incorporated in this arrangement only as applied to that Project, and any other appropriate action, remedy, or relief. (25} If any employer of the employees covered by this arrangement shall have rearranged or adjusted its forces in anticipation of the Project, with the effect of depriving an employee of benefits to which the employee should be entitled under this arrangement, the provisions of this arrangement shall apply to such employee as of the date when the employee was so affected. C. Acceptance of Special Section 5333(b) Warranty I, (Name and Title} William Morris, Chairman of Harnett County Board of Commissioners (Name and ntle) do hereby certify that County of Harnett (Legal Name of Applicant/Recipient] has agreed to the terms and conditions of this Warranty; will accept this agreement as part of the contract of assistance with the North Carolina Department of Transportation; and will post, in a prominent and accessible place, the terms and conditions of the Warranty with a notice stating that the Recipient has received federal assistance under the Federal Transit statute and has agreed to comply with these terms. Signature of Authorized Official 16 Date NCDOT-IMD March 5, 2024 HCBOC 040124 Pg. 106 Board Meeting Agenda Item MEETING DATE: April 1, 2024 TO: HARNETT COUNTY BOARD OF COMMISIONERS SUBJECT: Project Ordinance for the Lillington Shawtown Elementary School REQUESTED BY: Kimberly Honeycutt, Finance Officer REQUEST: The Board of Education has requested that the County of Harnett construct a new gymnasium to be located on the campus of the Lillington Shawtown Elementary School. With a current population of 670 students, Lillington Shawtown Elementary School needs a space where students, parents, and teachers can come together for school wide functions. Students also need an indoor area for physical education class, and space for recess during inclement weather. The gymnasium addition is estimated to be substantially complete in December of 2025. Funding will be accomplished utilizing unspent GO Bond proceeds following the completion of the Northwest Harnett Elementary School project. Item 4E HCBOC 040124 Pg. 107 FINANCE OFFICERS RECOMMENDATION: COUNTY MANAGERS RECOMMENDATION: Adoption of the attached project ordinance. Insert text here. HCBOC 040124 Pg. 108 Section 1. Section 2. The following expenditures are hereby appropriated for this project: Original Ordinance Professional Services 824,080$ Construction 6,505,920 Contingency 670,000 Total 8,000,000$ Section 3.The following revenues are hereby appropriated for this project: Original Ordinance Debt Proceeds 8,000,000$ Total 8,000,000$ Section 4. day of , 2024. William Morris, Chairman Harnett County Board of Commissioners ATTEST: Melissa Capps, Clerk to the Board Duly adopted this LILLINGTON-SHAWTOWN ELEMENTARY SCHOOL GYM CAPITAL PROJECT ORDINANCE BE IT ORDAINED by the Board of Commissioners of Harnett County,North Carolina,sitting as the governing board for Harnett County. This project consists of the construction of a new Gym addition at Lillington-Shawtown Elementary School.With a current population of 670 students,Lillington-Shawtown Elementary School needs a space where students, parents, and teachers can come together for school wide functions. Students also need an indoor area for physical eduction class, and space for recess during inclement weather. Copies of this capital project ordinance shall be furnished to the Clerk to the Board,the Budget Officer and the Finance Officer for direction in carrying out this project. HCBOC 040124 Pg. 109 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2024\040124\4F.1 Appointments.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: April 1, 2024 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Boards and Committees REQUESTED BY: Administration REQUEST: As discussed at the work session on March 26, 2024, the Harnett County Board of Commissioners appoint Kendra Broughton and Ion Cerga to serve on the Harnett County Commission for Women and Youth. The Board of Commissioners accept the resignation of Murray Simpkins as the District 5 regular member on the Board of Adjustment and appoint David Summers to serve in the District 5 vacancy. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 4F HCBOC 040124 Pg. 110 HCBOC 040124 Pg. 111 HCBOC 040124 Pg. 112 Item 4GHCBOC 040124 Pg. 113 HCBOC 040124 Pg. 114 HCBOC 040124 Pg. 115 HCBOC 040124 Pg. 116 HCBOC 040124 Pg. 117 HCBOC 040124 Pg. 118 HCBOC 040124 Pg. 119 Board Meeting Agenda Item MEETING DATE: April 1, 2024 TO: HARNETT COUNTY BOARD OF COMMISIONERS SUBJECT: Project Ordinance for Flatwoods Middle School REQUESTED BY: Kimberly Honeycutt, Finance Officer REQUEST: The Board of Education has requested that the County of Harnett construct a new middle school to be located just south of the Town of Lillington along NC Hwy 401. This new school will have capacity to accommodate up to 1,100 students to alleviate crowding at other middle schools. The school is estimated to be substantially complete in June of 2027. Funding will be accomplished by the issuance of debt in the form of limited obligation bonds. The first step in the construction process is to establish a budget with the estimated cost of the project that will allow the Board of Education to begin work on design and plan preparation. This cost estimate is based on the architect’s Cash Flow Projection, dated February 2024. Once complete, bids will be requested and upon receiving final cost numbers, an amendment to the budget may be necessary to reflect the true final cost of the project. To get this project up and running, I request that the Board of Commissioners approve the attached project ordinance for the construction of a new Flatwoods Middle School. Item 6 HCBOC 040124 Pg. 120 FINANCE OFFICERS RECOMMENDATION: COUNTY MANAGERS RECOMMENDATION: Adoption of the attached ordinance. Insert text here. HCBOC 040124 Pg. 121 Section 1. Section 2. The following expenditures are hereby appropriated for this project: Original Ordinance Professional Services 4,838,875$ Construction 73,161,125 Contingency - Total 78,000,000$ Section 3.The following revenues are hereby appropriated for this project: Original Ordinance Debt Proceeds 78,000,000$ Total 78,000,000$ Section 4. day of , 2024. William Morris, Chairman Harnett County Board of Commissioners ATTEST: Melissa Capps, Clerk to the Board Duly adopted this FLATWOODS MIDDLE SCHOOL CAPITAL PROJECT ORDINANCE BE IT ORDAINED by the Board of Commissioners of Harnett County,North Carolina,sitting as the governing board for Harnett County. This project consists of the design and construction of a new Middle School,located south of Lillington, to be known as Flatwoods Middle School.The new Flatwoods Middle School will have capacity to accommodate up to 1,100 students to alleviate crowding at other middle schools.This is a cost estimate based on the architect's Cash Flow Projection, dated Feb 2024. Copies of this capital project ordinance shall be furnished to the Clerk to the Board,the Budget Officer and the Finance Officer for direction in carrying out this project. HCBOC 040124 Pg. 122 Board Meeting Agenda Item MEETING DATE: April 1, 2024 TO: HARNETT COUNTY BOARD OF COMMISIONERS SUBJECT: Reimbursement Resolution for Flatwoods Middle School REQUESTED BY: Kimberly Honeycutt, Finance Officer REQUEST: The Board of Education has requested that the County of Harnett construct a new middle school to be located just south of the Town of Lillington along NC Hwy 401. This new school will have capacity to accommodate up to 1,100 students to alleviate crowding at other middle schools. The school is estimated to be substantially complete in June of 2027. Funding will be accomplished by the issuance of debt in the form of limited obligation bonds. To issue the debt, the County will need to have bids in hand before receiving approval from the Local Government Commission. Based on the Board of Educations most recent cash flow projection dated February 6, 2024, bids are anticipated to be received and approved in or around March 2025. Thus, debt funds will not be available to pay any invoices due for design work or permits prior to the issuance of the debt. To cover those cost and pay any invoices for the project submitted, the County will be required to provide funding ahead of receiving debt proceeds. To ensure that the County can recover this upfront cost, I request that the Board of Commissioners approve the attached reimbursement resolution for the construction of a new Flatwoods Middle School. Item 7 HCBOC 040124 Pg. 123 FINANCE OFFICERS RECOMMENDATION: COUNTY MANAGERS RECOMMENDATION: Adoption of the attached resolution. Insert text here. HCBOC 040124 Pg. 124 PPAB 3139930v1 EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS A regular meeting of the Board of Commissioners (the “Board”) of the County of Harnett, North Carolina was held on March 18, 2024, at 6:00 p.m. in the County Commissioners’ Meeting Room, Harnett County RCL Building, 455 McKinney Parkway, Lillington, North Carolina, William Morris, Chairman of the Board, presiding and the following Commissioners present: The following members were absent: Also present: * * * Commissioner moved that the following resolution (the “Resolution”), a copy of which was available with the Board and which was read by title: RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA DECLARING THE INTENT OF THE COUNTY OF HARNETT, NORTH CAROLINA TO ISSUE APPROXIMATELY $78,000,000 LIMITED OBLIGATION SCHOOL BONDS TO FINANCE FLATWOODS MIDDLE SCHOOL, AS REQUESTED BY THE BOARD OF EDUCATION OF HARNETT COUNTY, AND TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES INCURRED IN CONNECTION WITH THE ACQUISITION AND CONSTRUCTION OF FLATWOODS MIDDLE SCHOOL FROM THE PROCEEDS OF SUCH LIMITED OBLIGATION SCHOOL BONDS EXPECTED TO BE ISSUED IN CALENDAR YEAR 2025. WHEREAS, the Board of Education of the County of Harnett (the “Board of Education”) has requested that the Board of Commissioners (the “Board”) of the County of Harnett, North Carolina (the “County”) issue approximately $78,000,000 of tax-exempt limited obligation school bonds (the “Bonds”) in order to finance the acquisition and construction of Flatwoods Middle School (the “Project”); and WHEREAS, the County intends to proceed with the Project and expects to incur and pay certain expenditures in connection with the Project prior to the date of issuance of the Bonds (the “Original Expenditures”), such Original Expenditures to be paid for originally from a source other than the proceeds of the Bonds, and the County intends, and reasonably expects, to be reimbursed for such Original Expenditures from a portion of the proceeds of the Bonds to be issued at a date occurring after the dates of such Original Expenditures; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett, North Carolina as follows: Section 1. Official Declaration of Intent. The County presently intends, and reasonably expects, to reimburse itself for the Original Expenditures incurred and paid by the County on or after the date occurring 60 days prior to the date of adoption of this Resolution from a portion of the proceeds of the HCBOC 040124 Pg. 125 PPAB 3139930v1 Bonds. The County reasonably expects to issue the Bonds in the calendar year ending December 31, 2025, and the maximum principal amount of Bonds reasonably expected to be issued by the County to pay for all or a portion of the costs of the Project, which amount is subject to change, is expected to be approximately $78,000,000. Section 2. Compliance with Regulations. The County adopts this Resolution as a declaration of official intent under Section 1.150-2 of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1986, as amended, to evidence the County's intent to reimburse itself for the Original Expenditures from proceeds of the Bonds. Section 3. Itemization of Capital Expenditures. The Finance Officer of the County, with advice from special counsel, is hereby authorized, directed and designated to act on behalf of the County in determining and itemizing all of the Original Expenditures incurred and paid by the County in connection with the Project during the period commencing on the date occurring 60 days prior to the date of adoption of this Resolution and ending on the date of issuance of the Bonds. Section 4. Effective Date. This Resolution is effective immediately on the date of its adoption. On motion of Commissioner , seconded by Commissioner , the foregoing resolution entitled “RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA DECLARING THE INTENT OF THE COUNTY OF HARNETT, NORTH CAROLINA TO ISSUE APPROXIMATELY $78,000,000 LIMITED OBLIGATION SCHOOL BONDS TO FINANCE FLATWOODS MIDDLE SCHOOL, AS REQUESTED BY THE BOARD OF EDUCATION OF HARNETT COUNTY, AND TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES INCURRED IN CONNECTION WITH THE ACQUISITION AND CONSTRUCTION OF FLATWOODS MIDDLE SCHOOL FROM THE PROCEEDS OF SUCH LIMITED OBLIGATION SCHOOL BONDS EXPECTED TO BE ISSUED IN CALENDAR YEAR 2025.” was duly adopted by the following vote: AYES: NAYS: HCBOC 040124 Pg. 126 PPAB 3139930v1 STATE OF NORTH CAROLINA ) ) ss: COUNTY OF HARNETT ) I, MELISSA D. CAPPS, Clerk to the Board of Commissioners of the County of Harnett, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled “RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA DECLARING THE INTENT OF THE COUNTY OF HARNETT, NORTH CAROLINA TO ISSUE APPROXIMATELY $78,000,000 LIMITED OBLIGATION SCHOOL BONDS TO FINANCE FLATWOODS MIDDLE SCHOOL, AS REQUESTED BY THE BOARD OF EDUCATION OF HARNETT COUNTY, AND TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES INCURRED IN CONNECTION WITH THE ACQUISITION AND CONSTRUCTION OF FLATWOODS MIDDLE SCHOOL FROM THE PROCEEDS OF SUCH LIMITED OBLIGATION SCHOOL BONDS EXPECTED TO BE ISSUED IN CALENDAR YEAR 2025” adopted by the Board of Commissioners of the County of Harnett, North Carolina, at a meeting held on the 18th day of March, 2024. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the __ day of March, 2024 . ___________________________________ MELISSA D. CAPPS Clerk to the Board County of Harnett, North Carolina HCBOC 040124 Pg. 127 Project Funding Request Ranking for 2024 Legislative Session 1.Runway Extension and Widening Project $25.3 million minus $15.6 million received leaving $9.7 million to have all necessary funds to complete all costs of the project. (We received $15.6 million from the legislature for the lengthening of the runway and does not cover the widening of the runway and additional lighting) 2.Northwest Corporate Hangar Development – Construct Taxiway with Pad Ready Sites for Corporate Hangar $5.6 million 3.Animal Shelter – Construct a new Animal Shelter at a cost of $10 million with a request for $2 million to fund the project (Currently approved in the CIP as funded by bond sales) 4.Cardiac Monitors – Replacement - $611,000 5.Construct three large corporate hangars - $10.5 million 6.Jetport Fuel Tank Replacement – $unknown (Possible State Program Grant) 7.Cape Fear Shiner Park Improvements – Improvements at this park location to include restrooms, playground, shelter and additional parking $780,000 8.Boone Trail Park Development – memorial walkway, amphitheater, basketball court, picnic shelter, restroom facility and walking trail $5,900,000 9.Northwest Harnett Park Development – master plan, ballfield, picnic shelter, playground, walking trail, fitness stations, and bicycle pump track - $1,441,100 10.Neill’s Creek Park Development – new parking lot, trails/sidewalks, restroom renovations and field lighting – $1,310,000 Item 8 HCBOC 040124 Pg. 128 July August September October November December Jauary 2023 February March April May June Totals Children's Services CPS Reports Received 140 117 145 152 131 119 177 157 1138 Reports Accepted 87 70 71 76 56 46 84 71 561 Total children in CPS cases 260 203 260 Total children in Plc/Custody 232 229 229 229 239 227 225 225 FC Money expended $248,899.34 232,156.28$ 248,233.27$ 250,014.74$ 265,031.13$ 245,899.89$ 252,023.77$ 253,620.64$ Adult Services APS Reports Received 23 13 16 12 20 13 11 14 122 # of trips scheduled 906 897 869 926 882 787 887 866 7020 Total Cases 163 152 153 147 160 157 157 163 Work First Energy Expenditures $64,712.89 $96,754.09 $117,801.86 $120,924.02 $87,184.05 $79,899.88 $137,700.00 $79,162.17 $784,138.96 Total cases 118 113 116 107 113 119 120 118 Food & Nutrition Services Apps Approved 472 685 528 524 566 506 665 341 4287 Total Cases (households)10,177 10116 9940 9,399 9,549 9,281 9,060 8,953 Benefits Issued $2,956,572.00 $3,411,600.00 $3,361,988.00 $3,485,902.00 $3,453,822.00 $3,325,120.00 $3,187,765.00 $3,127,692.00 $26,310,461.00 Timeliness 95.33%98.92%97.39%96.91%97.20%93.36%96.36%97.21% Adult Medicaid Apps Approved 93 121 93 84 101 72 92 74 730 Total Cases 11,292 11,389 11,296 11,210 11,011 10,746 10,680 10841 88465 Family & Children's Medicaid Apps Approved 208 191 200 160 185 394 633 431 2402 Total Cases 25,541 25,309 24,898 24,640 24,887 28,524 29,028 35,688 218515 Medicaid Timeliness 97.2%99%99%98%99.25%97.25%98%88% Fraud Total Collections $11,569.00 $13,002.05 $13,943.27 $13,233.76 $13,604.00 $14,878.09 $20,307.99 $14,674.00 $115,212.16 ChildCare Children Served 769 762 802 799 832 839 823 839 Total Expenditures $433,804.00 $412,238.00 $444,775.00 $472,857.00 $490,471.00 $526,722.00 $488,813.00 $505,687.00 HC providers 62 62 62 62 62 62 62 62 Child Support Total Collections $729,715 $743,352 $780,438 $816,277 $733,387.00 $801,786.00 $773,456.00 $797,242.00 $6,175,653.00 Total Cases 4426 4419 4373 4357 4328 4251 4256 4251 Harnett County DSS Monthly Report Totals 2023-24 Item 9A HCBOC 040124 Pg. 129 Item 9B HCBOC 040124 Pg. 130 HCBOC 040124 Pg. 131 HCBOC 040124 Pg. 132 HCBOC 040124 Pg. 133 HCBOC 040124 Pg. 134 HCBOC 040124 Pg. 135 HCBOC 040124 Pg. 136 HCBOC 040124 Pg. 137 HCBOC 040124 Pg. 138 HCBOC 040124 Pg. 139 HCBOC 040124 Pg. 140 HCBOC 040124 Pg. 141 HCBOC 040124 Pg. 142 HCBOC 040124 Pg. 143 HCBOC 040124 Pg. 144 HCBOC 040124 Pg. 145 HCBOC 040124 Pg. 146 HCBOC 040124 Pg. 147 HCBOC 040124 Pg. 148 HCBOC 040124 Pg. 149 HCBOC 040124 Pg. 150 HCBOC 040124 Pg. 151 HCBOC 040124 Pg. 152 HCBOC 040124 Pg. 153 HCBOC 040124 Pg. 154 HCBOC 040124 Pg. 155 HCBOC 040124 Pg. 156 HCBOC 040124 Pg. 157 HCBOC 040124 Pg. 158 HCBOC 040124 Pg. 159 HCBOC 040124 Pg. 160 HCBOC 040124 Pg. 161 HCBOC 040124 Pg. 162 HCBOC 040124 Pg. 163 HCBOC 040124 Pg. 164 HCBOC 040124 Pg. 165 Item 9C HCBOC 040124 Pg. 166 HCBOC 040124 Pg. 167 HCBOC 040124 Pg. 168 HCBOC 040124 Pg. 169 HCBOC 040124 Pg. 170 HCBOC 040124 Pg. 171 HCBOC 040124 Pg. 172 HCBOC 040124 Pg. 173 HCBOC 040124 Pg. 174 HCBOC 040124 Pg. 175 HCBOC 040124 Pg. 176 HCBOC 040124 Pg. 177 HCBOC 040124 Pg. 178 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2024\040124\10A Jetport Jamboree and Ribbon Cutting Sponsorship and T-Shirt Memo.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: April 1, 2024 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Jetport Jamboree Sponsorship Levels and T-Shirt Cost Approvals REQUESTED BY: Brent Trout, County Manager REQUEST: The planning is going well for the ribbon cutting and Jetport Jamboree at the Harnett Regional Jetport. The planning committee has decided to solicit sponsors for the event to offset some of the expenses related to the Jamboree. The sponsorships are considered a fee per the statute so the Board of Commissioners must approve all fees so they are being presented for your consideration and approval. The committee is requesting approval of the following sponsporship levels: Diamond Sponsor is $2,500 Gold Sponsor is $1,500 Silver Sponsor is $1,000 The cost of a T-shirt is requested to be set at $10 per shirt. After paying for expenses from the conduct of the event the funds remaining from sponsorships and T-shirt sales will be kept in a separate fund to support the next fly in or airshow event held at the Jeport. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 10A HCBOC 040124 Pg. 179 Item 13 HCBOC 040124 Pg. 180 HCBOC 040124 Pg. 181 HCBOC 040124 Pg. 182 HCBOC 040124 Pg. 183 HCBOC 040124 Pg. 184 HCBOC 040124 Pg. 185