Regular Session, October 16, 2023, 7:00 p.m. Catawba County Board of Commissioners  Appointments Budget  587 10/16/23  Alcohol Beverage Control Board-Don Coleman Jury Commission-Mitch Sigmon Catawba County Schools' Budget Revision Catawba Valley Community College Budget Revision: HVAC Ambulance Remount Budget Appropriation Aspen Heights Road Improvement Repair Appropriation Budget Transfers: Animal Shelter & Farm City Event Cooperative Extension Budget Transfer - Farm City Event Courts Education Elections  590 10/16/23 591 10/16/23 591 10/16/23 597 10/16/23 599 10/16/23 623 10/16/23 623 10/16/23 593 10/16/23 590 10/16/23 591 10/16/23 623 10/16/23 591 10/16/23 621 10/16/23 623 10/16/23 592 10/16/23 593 10/16/23  Landfill Access/Entrance Road Repairs Bid Award and Appropriation Request  Department of Justice Grant Acceptance - uvenleramyVeterans Catawba County Schools' Budget Revision Catawba Valley Community College Budget Revision: HVAC Resolution from Board of Elections Emergency Services Ambulance Remount Budget Appropriation Property Acquisition: Future Hickory EMS Base Animal Shelter Budget Transfer  Finance Ordinances  N.C. Emergency Management Cybersecurity Assessment Grant Acceptance Department of Justice Grant Acceptance - uvenieFamyveterans Grant Project Ordinance for Juvenile Drug Treatment Court Program: U.S. Department of Justice, Office of. Juvenile Justice Delinquency Prevention Grant Project Ordinance for Family Treatment Court Program: U.S. Department Of Justice, Office of Juvenile Justice Delinquency Prevention. Grant Project Ordinance for Enhanced Veteran Treatment Court Program: U.S. Department of Justice, Bureau of. Justice Assistance Purchasing Code Amendment- - Chapter 30 (Ordinance 2023-11) Grant Project Ordinance for State & Local Cybersecurity Grant Program N.C. Department of Public Safety/N.C. Emergency Management  (Ordinance 2023-8) (Ordinance 2023-9) (Ordinance 2023-10) (Ordinance 2023-12)  595 10/16/23 596 10/16/23 597 10/16/23 604 10/16/23 622 10/16/23 588 10/16/23 587 10/16/23  Presentations Public Comment Kenyon Kelly-Monument Michael McRee-Monument Sherrill Watkins - Monument  Presentation of Badge and Service' Weapon to Retiring Deputy David Chastain  586    Public Hearing Purchasing Resolutions  Water & Sewer System Development Fees Purchasing Code Amendments-Chapter 30  588 10/16/23 603 10/16/23  Resolution Adopting the August 1112 Water and Sewer System Development Preliminary Assessment Resolution for Street Improvement Project for Aspen Resolution Adopting Statewide 5310 Locally Coordinated Plan (Resolution Declaration of Badge and Service Weapon as Surplus-Deputy David Chastain  Fee Study Amending the FY23/24 Fee Schedule (Resolution 2023-32) 589 10/16/23  Heights Subdivision (Resolution 2023-33)  600 10/16/23 588 10/16/23 588 10/16/23 622 10/16/23 592 10/16/23 588 10/16/23 597 10/16/23 598 10/16/23 599 10/16/23 622 10/16/23  2023-34)  Sheriff Tax Technology  September Tax Refunds, Releases and Adjustments  N.C. Emergency Management Cybersecurity Assessment Grant Acceptance Landfill Access/Entrance Road Repairs Bid Award and Appropriation Request East Maiden Road Hwy 150 Gravity Sewer Contract Amendment Aspen Heights Road Improvement Repair Appropriation Statewide 5310 Locally Coordinated Plan  Utilities and Engineering Water & Sewer System Development Fees  WPCOG  The Catawba County Board of Commissioners met in Regular Session on Monday, October 16, 2023, at 7:00 p.m., in the Board of Commissioners Meeting Room, 2nd Floor, Catawba County Justice Present were Chair Randy Isenhower, Vice-Chair Austin Allran, and Commissioners Robert C. Also present were County Manager Mary S. Furtado, Assistant County Manager Paul Murray, Assistant County Manager Justin Merritt, County Attorney Jodi Stewart, Assistant County Attorney 1. Chair Randy Isenhower called the meeting to order at 7:00 p.m., noting a quorum was present.  Center, 100 Government Drive, Newton, North Carolina. Abernethy, Jr., Barbara G. Beatty, and Cole Setzer. Josh Teague, and County Clerk Dale Stiles.  2. Commissioner Cole Setzer led the Pledge of Allegiance. 3. Chair Isenhower offered the invocation.  4. Commissioner Robert Abernethy made a motion to approve the Minutes from the Board's Regular Meeting and Closed Session of September 18th, 2023. The motion carried unanimously.  5. Recognition of Special Guests: 6. Public Comments.  Chair Isenhower welcomed everyone present.  Kenyan Kelley came forward requesting the monument on the grounds of the 1924 Courthouse be removed. Michael McRee and Sherrill Watkins came forward requesting the monument on the  grounds of the 1924 Courthouse not be removed.  587    7. Upon Appointments. a recommendation by Chair Isenhower that came in the form of a motion which unanimously carried, the Board reappointed Don Coleman to the Alcohol Beverage Control Board Upon a recommendation by Commissioner Setzer that came in the form of a motion unanimously carried, the Board reappointed Mitch Sigmon to the Jury Commission for a 3rd term, 8. Presentations. Sheriff Deputy David Chastain is retiring effective October 1, 2023. He has requested that his badge and service weapon be presented to him at the October 16th, 2023, Board of Accordingly, Sheriff Don Brown recommended the Board of Commissioners declare the badge and weapon surplus effective October 16, 2023 pursuant to North Carolina Statute 20-187.2(a). Commissioner Barbara Beatty made a motion to declare Deputy Chastain's badge and weapon Sheriff Don Brown presented Deputy David Chastain with his badge and service weapon. 9. Public Utilities Hearings. and Engineering Director Peter Shonka recommended the Board of Commissioners Conduct a public hearing to consider adoption of the August 2023 Water and Sewer System Development Fee Study, in accordance with NCGS S 162A = Article 8, and adopt the proposed resolution amending the FY23/24 Fee Schedule to include revised Water and Sewer System Catawba County operates a water and sewer system, in collaboration with its municipal partners. The County's investments in water and sewer infrastructure are a means of facilitating and supporting planful residential, commercial, and industrial development, with the County's recent economic success at least partially attributable to foundational utility system investments made by local governments County-wide. Building and maintaining a sustainable utility system requires proactively planning for system growth as well as ensuring adequate funding for routine The primary method available to local governments to fund capital improvements and to recoup the costs of existing infrastructure and facilities is a System Development Fee (SDF). An SDF is a one-time assessment for new service paid by customers when service is hooked up. The County relies on revenue generated by these fees to fund its future capital improvement plans. In 2018, North Carolina General Statutes established a standard methodology for calculation of the maximum allowable System Development Fees and the requirement that utility systems calculate this maximum fee at least every five years. Catawba County's last System Development study was conducted in 2018, the year the new statute went into effect. The current SDF rate in An updated SDF calculation was completed in June 2023. State statute requires local governments to post the cost analysis on the web and accept comments for a minimum of 45 days. The required 45-day public comment period expired July 31, 2023. Upon expiration of the comment period, the governing body is required to conduct a public hearing prior to adopting this The table below shows the County's current SDF, the maximum calculated SDF per this updated  for a 4th term, with a term expiration of October 4, 2026. with at term expiration of June 30, 2025.  which  Commissioners meeting.  surplus. The motion carried unanimously.  Development Fees.  operational, maintenance, and infrastructure replacement needs.  Fee  Catawba County has not been adjusted since Fiscal Year 2014/15.  cost analysis and implementing any revisions to the fees.  calculation, and the recommended SDF (all for a %-inch connection).  Water $1,250 $2,959  Sewer $1,500 $7,205 588  Total $2,750 $10,164  %of Allowable 27.06% 100%  Current SDF Maximum Allowable    SDF Recommended SDF Total Recommended (with Hky)  $1,660 $5,655  $5,691 $9,247  $7,351 $14,902  72.32%  The level of SDF staff is recommending is based upon forecasted revenue needs to support the future Capital Improvement Plan (CIP). The County's water CIP includes approximately $9.1 million in projected expenses over the next 51 to 10 years, and the sewer CIP over that same time totals approximately $31.2 million. The system development fees recommended by staff would generate revenue to support 85% of total CIP needs, with other expenses anticipated to be covered using non-local funds that have been made available to Catawba County through various COVID relief funds and state legislative appropriations. (The level of estimated CIP based on the number of approved residential units that are not yet permitted within coverage the SECC The recommended level of SDF, when combined with applicable municipal fees, is in line with other local government benchmarks (albeit on the higher end), and is less expensive than alternative of constructing a private well and septic system (with costs ranging from $16,500 the to upwards of $35,000, depending upon the size oft the home and soil conditions). Staff is requesting the Board conduct the required public hearing to consider adoption of the 2023 study. Staff is also recommending the SDFS be adjusted to recapture a greater percentage of the County's actual costs of offering water and sewer service, which will also require the BOC to After Mr. Shonka's presentation, there were no questions. Chair Isenhower opened the public hearing. No one came forward and Chair Isenhower closed the public hearing. Vice-Chair Allran made a motion to adopt the proposed resolution amending the FY23/24 Fee Schedule to include revised' Water and Sewer System Development Fees The motion carried unanimously.  is  service district.)  adopt a resolution establishing a revised fee schedule.  The following resolution applies:  RESOLUTION No. 2023-32 RESOLUTION ADOPTING THE AUGUST 2023 WATER AND SEWER SYSTEM DEVELOPMENT FEE STUDY AND AMENDING THE FY 23/24 FEE SCHEDULE  WHEREAS, NCGS S 162A Article 8 authorizes local governments to adopt a system WHEREAS, pursuant to NCGS 162A-209 Catawba County has undertaken the August 2023 Water and Sewer System Development Fee Study to update its system development fee analysis and has complied with all posting, notice, comment and public hearing requirements required WHEREAS, the Catawba County Board of Commissioners, through the adoption of its system development fees, seeks to facilitate and support planful residential, commercial, and industrial NOW, THEREFORE, BE IT RESOLVED by the Catawba County Board of Commissioners: 1. The August 2023 Water and Sewer System Development Fee Study is hereby adopted; 2. The FY 23/24 Fee Schedule is hereby amended as represented in the Table below:  development fee for water and sewer service; and  law; and  by  development, and while ensuring a financially sustainable utility system;  FY 2023/2024 SDFS Existing Existing Amended  Meter  AWWA  Size Equivalencies Water  Sewer 589  Water  Amended Sewer    %-inch 1-inch 1%-inch 2-inch 3-inch 4-inch 6-inch 8-inch 10-inch 12-inch  1.0 1.0 2.0 3.2 6.0 10.0 20.0 32.0 46.0 86.0  $1,250 $1,500 $1,250 $1,500 $1,750 $2,500 $2,250 $3,500 $3,250 $5,500 $4,250 $7,500 $16,600 $6,250 $11,500 $33,200 $8,250 $15,500 $53,120 $10,250 $19,500 $76,360 $12,250 $23,500 $142,760  $1,660 $1,660 $3,320 $5,312 $9,960  $5,691 $5,691 $11,382 $18,211 $34,146 $56,910 $113,820 $182,112 $261,786 $489,426  3. The County, its officers, agents and attorneys are hereby directed to take any further actions as may be required by the laws of the State of North Carolina to perform the  matters and things directed by this Resolution.  Adopted the 16th day of October, 2023.  10. County Consent Manager Agenda. Mary Furtado presented the following twelve items under the consent agenda. Chair Isenhower asked if any commissioner wished for an item to be broken out of the consent a. The Finance and Personnel Committee recommended the Board of Commissioners transfer $875,000 in previously appropriated project funds to District-wide Facilities Assessment Study and Facilities Master Plan $200,000; and Maiden Middle General Renovations-5675,00. With the Fiscal Year 2023/24 budget, the Board of Commissioners appropriated $875,000 for driveway and parking improvements at Startown Elementary School. These funds were intended to alleviate traffic congestion issues caused by cars stacking in the roadway along Startown Rd. during morning drop-off and afternoon release. Since that time, County staff has worked with staff from the school system and the City of Newton to devise a less expensive option, primarily the use of personnel to direct traffic during those peak hours. This solution frees the funds previously dedicated to driveway and parking enhancements, making them available for other uses. The school system requested $200,000 to conduct a comprehensive Facilities Assessment Study and develop a Facilities Master Plan. These plans will allow CCS to better prioritize capital and construction funding requests to meet the demands of aging facilities and continued growth. The comprehensive assessment will study the condition, quality, and quantity of existing buildings, identifying options for how to address future needs, and assess the potential need for additional facility structures. While the growth estimation model looks at total physical capacity of schools, the comprehensive facilities assessment will take a deeper dive looking at things like pressures created by state requirements for class size limitations in grades K-3 and the need to carve out space for ancillary programs such as art, music, and physical education that are creating space pressures, particularly within the Bandys and St. Stephens feeder areas. The master plan will 1. Baseline Component - Study and evaluation of current facilities, space allocation, 2. Strategy Component - Work with the Board of Education to create a strategic facilities plan addressing areas such as the current utilization of instructional space, building 3. Implementation Component = Use the baseline data with the strategic plan to identify Catawba County Schools has requested transfer of the remaining $675,000 to Maiden Middle School renovations, its next major construction priority, with at total estimated need of $29 million.  agenda for individual consideration. None was requested.  include three major components as follows: expected population change, etc.  capacity, mechanical and operations systems, and safety systems. needed upgrades to current and future facilities.  590    The school system sought a Needs Based Public School Capital Fund Grant last year for the Maiden Middle School was originally constructed as Maiden High School in 1952, a served until the new Maiden High School opened in 2005. The school has undergone purpose renovations and additions over the years, the latest of which took place in 1993. The multiple school system plans to complete this project in phases, with the first phase consisting of creating a new entrance, security vestibule, and office space at a projected cost of $6.9 million. The school system requests the $675,000 be added to the $1.4 million funded with the Fiscal Year 2023/24 budget towards Maiden Middle General Renovations planning and phase one renovations.  project but was unsuccessful.  it  Transfer: From: To:  420-750100-863200-31150-3-31 420-750050-995423-30050-9-02 420-750100-863200-31150-5-03 Supplemental Appropriation: Revenue: 423-740100-695420 Expense:  Paving  $875,000 $675,000 $200,000 $675,000  Transfer to Schools Construction Project Planning  From Schools Construction  423-740100-863200-31113-3-01  Maiden Middle General Renovations $675,000  b.The Finance and Personnel Subcommittee recommended the Board of Commissioners transfer $246,901.55 in previously appropriated funds to the CVCC HVAC Replacement Project, to go towards replacement of the units in the Student Services and Furniture Academy Buildings. CVCC has $246,901.55 in previously appropriated funds remaining in the Stream Bank Stabilization project, which is now complete. The college recently had an engineering Repair report completed that identified the HVAC systems in the Student Services and Furniture Academy Buildings as in critical need of replacement. The units are 25 to 30 years old and experiencing maintenance issues. The Fiscal Year 2022/23 budget included $145,000 to replace the Student Services Building HVAC. Unfortunately, when CVCC bid the project earlier this year, the cost had CVCC has requested use of the funds remaining in the project to go towards replacement of the Student Services Center HVAC and the Furniture Academy Building units (anticipated cost of $250,000, with additional funding to be requested through the Fiscal Year 2024/25 budget  &  increased to $300,000.  process). FROM: TO:  420-750100-862200-34100-3-59 420-750100-862200-34100-3-38 motor vehicle collision.  Stream Bank Repair & Stabilization CVCC-HVAC Replacement  $246,901.55 $246,901.55  C. The Finance and Personnel Subcommittee recommended the Board of Commissioners approve a $130,250 supplemental appropriation to replace an ambulance that was totaled in a Unit 27-002 (2020 Chevrolet GM-4500 Type 3 Wheeled Coach Ambulance with 119,361 miles) was involved in a motor vehicle collision on May 22, 2023. The insurance company determined the ambulance to be at total loss and issued a settlement in the amount of $76,987.40. At the time of this loss, it was believed the existing fleet could sustain operations along with the Unit 27-601 (2016 Ford E-450 Type 3 Wheeled Coach Ambulance with 215,000 miles) blew a head gasket on August 31, 2023. Fleet maintenance staff have determined the cost to repair this  arrival of new and remounted ambulances that are on order.  expected  591    unit exceeds the overall value of the unit. Even with the new and remounted vehicles expected to be delivered soon, the fleet cannot sustain operations without replacing one of these two The damage to Unit 27-002 was isolated to the chassis. The module on this unit is not damaged and is built to the current design and safety standards of the existing fleet. As a result, the fastest and most cost effective option to replace one of these two units is remounting the module from Unit 27-002 on a new chassis. The county has received a quote from Northwestern Emergency Vehicles to remount the module on a 2023 Chevrolet GM-4500 chassis for a total cost of $126,453. This price includes the new chassis, remounting the module, repainting and striping the module, and certifying the module to the CAAS GVS V3.0 remount standard. Including the North Carolina Road Use Tax, the total cost is $130,250. Northwestern Emergency Vehicles anticipates it can deliver the remounted ambulance by the end of. January 2024. The remount will be purchased through the Houston-Galveston Area Council Cooperative Purchasing Program and, consistent with recent ambulance purchases, is also recommended by  ambulances.  Fleet Maintenance. Supplemental Appropriation 110-190050-690100 Fund Balance Applied 110-260150-680800 Insurance Settlements 110-260150-984000 Motor Vehicles  $53,262.60 $76,987.40 $130,250.00  d. The Finance and Personnel Subcommittee recommended the Board of Commissioners accept and appropriate a 2022 NCEM - SLCGP awarded to Catawba County in the amount of $99,650. Over the last decade, through the Western Piedmont Council of Governments, Catawba County has offered several local municipalities (Newton, Conover, Maiden, Claremont, and Longview) safe, reliable, and cost-effective high-speed internet services. Through this agreement, the County provides a base level of security as well as the flexibility for our partners to enhance their individual networks. However, with cybercrime exploding over the last several years, the County has continuously been looking at opportunities to strengthen our collective network. In an effort to solidify our security posture, in 2017 the County worked with its cyber-liability insurance carrier to add ai third-party Security Operations Center (SOC). A SOC is an entity that monitors computer networks and associated devices 24/7/365. After interviewing several potential vendors, a company named BlueVoyant was selected, and the County has used this firm as a In March 2023, the State of NC's Emergency Management Division posted the State and Local Cybersecurity Grant program. This grant was open to any local government or tribal entity, with an explicit preference for applications showing inter-agency collaboration. The County worked with the WPCOG and our municipal partners to complete a grant request to provide BlueVoyant SOC services to our partners. In August, the County was awarded $99,650 to provide  security partner for the past 7 years.  BlueVoyant SOC services to our partners for 3 years.  The grant award is 100% federally funded, and there is no local match.  SUPPLEMENTAL APPROPRIATION Revenue 110-410200-638916 Expense  NCEM Cybersecurity Grant  $99,650  592    110-410200-868256 The following ordinance applies:  NCEM Cybersecurity Grant  $99,650  ORDINANCE#: 2023-12  Grant Project Ordinance for State and Local Cybersecurity Grant Program N.C. Department of Public Safety/N.C. Emergency Management  BE IT ORDAINED by the Catawba County Board of Commissioners, pursuant to Section 13.2of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is Section 1: The project authorized is the Federal Emergency Management Agency State and Local Cybersecurity Grant Program (SLCGP) administered by the N.C. Department of Public Safety Emergency Management Division. The N.C. Department of Public Safety will act as the pass-through entity and the County will be a subrecipient of the federal award, MOAt#2280030. The grant award period is October 1, 2023 until February 28, 2026 and is for at total grant amount Section 2: The County Manager and Finance Officer are hereby directed to proceed with the grant project within the terms of the grant award agreement, the rules and regulations of the Federal Emergency Management Agency and N.C. Department of Public Safety Emergency Section 3: The following revenues are anticipated and the following expenditures are  hereby adopted:  of$ $99,650.  Management Division, and the budget contained herein. appropriated for the State and Local Cybersecurity Grant Program:  Revenue 110-410200-638916 Expenditures 110-410200-868256  NCEM Cybersecurity Grant NCEM Cybersecurity Grant  $99,650 $99,650  Section 4: The Finance Officer is hereby directed to maintain sufficient specific detailed accounting records, submit required performance data, conduct subrecipient monitoring as well as other compliance activities to satisfy the requirements of the grantor agency and the grant Section 5: Copies of this grant project ordinance shall be furnished to the Budget Officer, the  award agreement.  Finance Officer and to the Clerk. This the 16th day of October, 2023.  Section 6: This grant project ordinance expires on February 28, 2026.  e. The Finance and Personnel Subcommittee recommended the Board of Commissioners accept and appropriate three recently awarded federal grants - $796,785 for the U.S. Department of Justice Family Treatment Court Grant, $750,000 for Juvenile Drug Treatment Court Grant, and $950,000 for the Enhanced Veterans Treatment Court Grant - and adopt a grant project ordinance for each grant; authorize the County Manager to execute the award agreements and all necessary documents to accept each grant award; and authorize the County Manager to enter into subaward agreements with the NC Administrative Office of the Courts and Clay Wilson and Associates, dba The Cognitive Connection, to provide the services outlined in Each of these grants is aligned with current strategic planning efforts related to the Healthy, Safe Community focus area, as they represent advancement of jail diversion and substance use treatment strategies that have been in play since 2017. These funds, just under $2.5M in total, will allow the County and its justice system partners to continue offering appropriate sentencing  each grant award.  593    alternatives for veterans and individuals experiencing substance use disorder, and will expand the County's offerings to include a new court program geared towards families and another  geared towards juveniles. Catawba County Department  Family Treatment Court Program of Social Services has seen a  increase in the number of  significant  families experiencing substance abuse, with 84% of cases involving a parent with drug addiction or use impeding their ability to parent. Many of these families have experienced barriers to treatment including the inability to travel to appointments, limited access to treatment, including long wait times due to the lack of providers available, or the necessary supports to continue treatment. In an effort to address this issue and to provide better child welfare outcomes for families, the County submitted an application to the U.S. Department of Justice Office of Juvenile Justice Delinquency Prevention (OJJDP) to establish a new Family Treatment Court program The goal of CCFRC is to provide a family-centered approach bringing together the expertise of staffi in substance use disorder treatment, child welfare prevention and intervention, mental health services, and other family supports. The CCFRC program is targeted to provide services to families who are involved with Catawba County Social Services child welfare services, and/or the Department of Juvenile Justice and are at-risk of losing custody or have lost custody due to a substance use issue in an effort to provide additional interventions and support. The total federal award for the Family Treatment Court grant is $796,785 over a 3-year performance period - October 1, 2023 through September 30, 2026. The grant requires a 25% cash ori in-kind match. The County is serving as the primary fiscal agent for this grant, and will contract via two separate subrecipient agreements with the NC Administrative Office of the Courts (AOC) for a Grant Coordinator position and with Clay Wilson (dba The Cognitive Connection) for treatment and peer support services. The Cognitive Connection will utilize in-kind services such as medical treatment and service oversight provided by the Medical Director and other eligible operating costs to facilitate the program and meet the in-kind match requirement. Department of Juvenile Justice Delinquency Prevention (DJJDP) statistics indicate a 69% increase in the number of juveniles served from 2021 to 2022 in Catawba County. In 2022, over 48% of juveniles served were referred to behavioral health care services. These statistics align with national trends, which reflect a significant increase in the number of adolescents experiencing, or worsening, emotional health, increased stress, lack of peer/family connection, As a result of these trends, the County submitted a grant application to the U.S. Department of Justice Office of Juvenile Justice Delinquency Prevention (OJJDP) to establish a Juvenile Drug Treatment Court program referred to as Catawba County Juvenile Recovery Court (CCJRC). The goal of CCJRC is to provide immediate treatment interventions for youth using drugs and/or alcohol, provide juveniles with skills that will aid then in leading productive recovery and crime- free life styles, improve levels of functioning in their environment, address problems which may be contributing to the use of drugs, promote accountabilty, and strengthen families of drug involved youth through education, prevention, and treatment options involving family The total federal award for the CCJRC grant is $750,000 over a 4-year performance period - October 1, 2023 through September 30, 2027. The grant requires a 25% cash or in-kind match. The County is serving as the primary fiscal agent for the grant, and will contract viai two separate subrecipient agreements with the NC Administrative Office of the Courts (AOC) for the Juvenile Court Coordinator position and with Clay Wilson (dba The Cognitive Connection) for the Community Resource Advocate and Transporter positions as well as treatment and support services. The Cognitive Connection will utilize in-kind services such as medical treatment and service oversight provided by the Medical Director, educational group sessions utilizing evidence- based curriculum, and other eligible operating costs to facilitate the program and to meet the 25%  referred to as Catawba County Family Recovery Court (CCFRC).  Juvenile Drug Treatment Court Program  and increase in drug use.  engagement.  in-kind match requirement.  594    Veterans Treatment Court Enhancement  The County was previously awarded a Bureau of Justice Assistance (BJA) grant for the establishment oft the Catawba County Veterans Treatment Court program (CCVTC) in 2020. This program has been successful, making a lasting impact for veterans who have received case management and support services. In an effort to expand the services of the program, the County applied for additional grant funding for an Enhanced Veterans Treatment Court to build Based on statistical data from Justice for Vets, 1 in every 5 veterans has symptoms of a mental health disorder or cognitive impairment and 1 in every 6 suffer from substance use issues. Left untreated, these issues can lead directly to criminal justice involvement. A designated treatment court for veterans is better equipped to handle the unique experiences and needs of this population. Since its inception the CCVTC has identified over 100 eligible participants and has 20 actives participants. Of the 20 participants, 16 were initially not involved with the VA and were homeless. Due to the success of the program, only 2 participants remain uninsured. The total federal award for the Enhanced Veterans Treatment Court grant is $950,000 over a 4- year performance period beginning October 1, 2023 through September 30, 2027. The grant doesn'trequire al local match. The County will serve as the primary fiscal agent for this will enter into a subrecipient agreement with the NC Administrative Office of the Courts grant for the Court Coordinator, Case Manager, and Mentor Coordinator positions and other (AOC) related  successes  of thei initial program.  upon the  and  operating expenses to support the program.  Appropriation Revenue 110-270050-620127 110-270050-620128 110-270050-620129 Expenditures 110-270050-868327 110-270050-868328 110-270050-868329  OJJDP Family Treatment Court  $796,785  OJJDP. Juvenile Drug Treatment Court $750,000 2023 BJA Veterans Treatment Court $950,000 OJJDP Juvenile Drug Treatment Court $750,000 2023 BJA' Veterans Treatment Court $950,000  OJJDP Family Treatment Court  $796,785  The following three Ordinances 8,9 and 10 apply:  ORDINANCE# 2023-8  Grant Project Ordinance for. Juvenile Drug Treatment Court Program: U.S. Department of. Justice, Office of Juvenile Justice Delinquency Prevention BE IT ORDAINED by the Catawba County Board of Commissioners, pursuant to Section 13.2of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is Section 1: The project authorized is the U.S. Department of Justice, Office of Juvenile Justice Delinquency Prevention (OJJDP) Juvenile Drug Treatment Court Program, award 15PJDP-23- GG-00877-DGCT. This project is more familiarly known as Catawba County Juvenile Court. The total grant award is $750,000 over a 4-year period beginning October 1, 2023 Recovery until Section 2: The County Manager and Finance Officer are hereby directed to proceed with the grant project within the terms of the grant award agreement, the rules and regulations oft the U.S. Section 3:The following revenues are anticipated and the following expenditures are  hereby adopted:  September 20, 2027.  Department of Justice, and the budget contained herein. appropriated for the Juvenile Drug Treatment Court:  Revenue 110-270050-620128  OJJDP Juvenile Drug Treatment Court $750,000  595    Expenditures 110-270050-868328  OJJDP Juvenile Drug Treatment Court $750,000  Section 4:The Finance Officer is hereby directed to maintain sufficient specific detailed accounting records, submit required performance data, conduct subrecipient monitoring as well as other compliance activities to satisfy the requirements of the grantor agency and the grant Section 5: Copies of this grant project ordinance shall be furnished to the Budget Officer, the  award agreement.  Finance Officer and tot the Clerk. This the 16th day of October, 2023.  Section 6: This grant project ordinance expires on September 30, 2027.  ORDINANCE#2023-9  Grant Project Ordinance for Family Treatment Court Program: U.S. Department of Justice, Office of Juvenile Justice Delinquency Prevention  BE IT ORDAINED by the Catawba County Board of Commissioners, pursuant to Section 13.2c of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is Section 1: The project authorized is the U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice Delinquency Prevention (OJJDP) Family Treatment Court Program, award SPADP20CO3BCOAA This project is more familiarly known as Catawba County Family Recovery Court. The total grant award is $796,785 over a 3-year period beginning Section 2: The County Manager and Finance Officer are hereby directed to proceed with the grant project within the terms of the grant award agreement, the rules and regulations of the U.S. Section 3:The following revenues are anticipated and the following expenditures are  hereby adopted:  October 1, 2023 until September 20, 2026.  Department of. Justice, and the budget contained herein.  appropriated for the 2022 BJA Adult Drug Court Discretionary Grant project:  Revenue 110-270050-620127 Expenditures 110-270050-868327  OJJDP Family Treatment Court OJJDP Family Treatment Court  $796,785 $796,785  Section 4:The Finance Officer is hereby directed to maintain sufficient specific detailed accounting records, submit required performance data, conduct subrecipient monitoring as well as other compliance activities to satisfy the requirements of the grantor agency and the grant Section 5: Copies of this grant project ordinance shall be furnished to the Budget Officer, the  award agreement.  Finance Officer and to the Clerk. This the 16th day of October, 2023.  Section 6: This grant project ordinance expires on September 30, 2026.  ORDINANCE# 2023-10  596    Grant Project Ordinance for Enhanced Veteran Treatment Court Program: U.S. Department of Justice, Bureau of Justice Assistance  BE IT ORDAINED by the Catawba County Board of Commissioners, pursuant to Section 13.2c of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is Section 1: The project authorized is the U.S. Department of Justice, Bureau of Justice Assistance (BJA) 2023 Veterans Treatment Court Discretionary Grant Program, award 15PBJA-23-GG- 05240-VTCX. This project is more familiarly known as Catawba County Enhanced Veterans Treatment Court. The total grant award is $950,000 over a 4-year period beginning October 1, Section 2: The County Manager and Finance Officer are hereby directed to proceed with the grant project within the terms of the grant award agreement, the rules and regulations oft the U.S. Section 3: The following revenues are anticipated and the following expenditures are  hereby adopted:  2023 until September 20, 2027.  Department of. Justice, and the budget contained herein.  appropriated for the 2022 BJA/ Adult Drug Court Discretionary Grant project:  Revenue 110-270050-620129 Expenditures 110-270050-868329  2023 BJA Veterans Treatment Court 2023 BJA Veterans Treatment Court  $950,000 $950,000  Section 4: The Finance Officer is hereby directed to maintain sufficient specific detailed accounting records, submit required performance data, conduct subrecipient monitoring as well as other compliance activities to satisfy the requirements of the grantor agency and the grant Section 5: Copies of this grant project ordinance shall be furnished to the Budget Officer, the  award agreement.  Finance Officer and to the Clerk. This the 16th day of October, 2023.  Section 6: This grant project ordinance expires on September 30, 2027.  f. The Policy and Public' Works Subcommittee recommended the Board of Commissioners: award ab bid to Carolina Paving of Hickory, Inc. in the amount of $207,387.75; and authorize the County Manager or her designee to execute all documents associated with the project; and appropriate funding from the Solid Waste Enterprise Fund in the amount of $228,126.52, which includes 10 The Blackburn Resource Recovery Facility (aka Blackburn Landfill) maintains over 3,850 lineal feet of asphalt roadways as an integral part of the Landfill Operations. These roads approximately 350 vehicles per day, many of which are heavy commercial tandem trucks carry and semi-trucks. The entrance road to the scales and the access road to the landfill working face consists of 10,977 square yards and was last repaired in 2002. The project will require approximately 400 square yards of cut-out repairs, 10,977 square yards of 2-inch milling, and On August 31, 2023, the County received a total of three (3) bids for the Landfill Access Road  percent contingency.  10,977 square yards of 2-inch overlay.  Repairs project:  Carolina Paving of Hickory, Inc. Maymead JT Russell and Sons  $207,387.75 $275,317.00 $288,761.25  597    The lowest responsive bid is from Carolina Paving of Hickory, Inc. for $207,387.75. Carolina Since work involves the Blackburn Landfill access road, it is imperative for the road to remain open for Landfill customers at all times. When work around the Scale Entrances is being performed, traffic will be diverted to a single inbound scale, with County staff providing traffic The Solid Waste Enterprise Fund is fully funded through landfill user fees and does not receive The Board can opt to not to award the bid and not repair the Landfill Access Road, resulting in further damage to the road and road base as well as to customer and County vehicles.  Paving can have the project completed within 30 days of contract execution.  control to ensure minimal impact on Landfill operations.  any County ad valorem tax dollars.  Supplemental Appropriations: Revenue 525-350200-690100 Fund Balance Applied Expense 525-350200-989000  $228,126.52 $228,126.52  g. The Policy and Public Works Subcommittee recommended the Board of Commissioners approve an Amendment to the Agreement with Highfill Infrastructure Engineering for the E. Maiden Rd-Hwy 150 Gravity Sewer Project in the amount of $127,200.00; and authorize the County Manager or her designee to execute the Amendment to the Agreement with Highfill Infrastructure Engineering; and appropriate $127,200.00 from' Water and Sewer Fund Balance for The East Maiden Rd-Hwy 150 Gravity Sewer Project consists of approximately 3,200 linear feet of 8-inch gravity sewer to provide gravity sewer service to one expanding business, and to a County-owned business park being developed in collaboration with the Catawba County InA April 2021, the Board of Commissioners authorized the E. Maiden Rd-Hwy 150 Gravity Sewer Project and approved a contract with Highfill Infrastructure Engineering for the design of the project. In March 2022, the Board of Commissioners approved a contract amendment with Highfill Infrastructure Engineering for contract administration and construction observation services for In June 2022, the Board of Commissioners awarded the construction of the E. Maiden Rd-Hwy 150 Gravity Sewer project to Piedmont Utility Group, Inc. of Mooresboro, NC for $788,320.80. The project was authorized in the amount of $953,000. In April 2021, the Board of Commissioners authorized the acceptance of Golden Leaf Foundation funding for this project in Of the additional funding requested, $18,000 is for Contract Administration and $104,000 is for Construction Oversight for 90 additional days ($1,356 per day); and $5,000 is for the evaluation of potential delay claims. The contract includes liquidated damages in the amount of $1,500 per day until Substantial Completion is achieved and $1,000 per day between Substantial Completion and Final Completion. These additional services assume the Contractor achieves Final Completion no  the Construction Observation and Administration.  Economic Development Corporation on E. Maiden Road.  this project.  the amount of $491,257.  later than November 10, 2023. Appropriations Revenue 475-431100-690100 Fund Balance Applied Expenditures 475431009890021040 E. Maiden Rd-Hwy 150 Gravity Sewer  $127,200.00 $127,200.00 598    h.7 The Policy and Public Works Subcommittee recommended the Board of Commissioners adopt the Preliminary Assessment Resolution for Aspen Heights Subdivision Road Improvement Resolution #2020-17 created the petition-driven program to upgrade privately maintained secondary roads to meet NCDOT standards, thereby converting road maintenance responsibility from private homeowners to NCDOT. As statutorily permitted, the cost of improvements may be assessed against the property owners and recouped over a 10-year period, through the special assessment process. To participate in the program, a minimum 75 percent of the nomeowners to be assessed must voluntarily sign a petition supporting the project. The owners who sign the petition must account for at least 75 percent of the road frontage to be improved through the Aspen Heights Subdivision is located off Burris Road in the unincorporated part of Catawba County. The property owners of that portion of Aspen Heights Subdivision fronting on Aspen Court filed a petition for improving the streets with Utilities & Engineering. The portion of Aspen Heights Subdivision included in the petition consists of 11 lots. Property owners of 10 of the 11 lots, representing 91% of the property owners, signed the petition. These properties represent approximately 1,344.66 lineal feet of the 1,484.86 lineal feet (90.55 %) of total frontage. NCDOT staff prepared the scope of work, and County staff prepared the cost estimate to bring the roads up to NCDOT standards. A letter from NCDOT stating the roads will be recommended for acceptance into the Secondary Road Maintenance Program once improved is attached. The privately maintained streets are approximately 27 years old. The road is in poor condition and needs repairs throughout. There is a cul-de-sac at the end of Aspen Court. The project consists of milling and overlaying 1.5 inches of asphalt pavement on Aspen Court and in the cul-de-sac. Removing a yard grate at 6932 Aspen Court and replacing it with a DOT approved pipe entrance along with Type 4 filter fabric and Type B Riprap to stabilize the pipe entrance is also included in the scope. The cost is estimated to be between $40,000 and $50,000, or about $3,636 to $4,545 per lot. The final cost and per lot assessment remain The process for special assessments requires a Preliminary Assessment Resolution be passed by the Board, followed by a public hearing ata ai future meeting (planned for November 6, 2023). At the public hearing, the Board may choose to pass the Final Assessment Resolution, which would The proposed adoption of the Preliminary Assessment Resolution for Aspen Heights Subdivision isi in accordance with BOC Resolution 2020-17, Resolution to Establish a Policy for the Improvement and Assessment of Public or Publicly Dedicated Subdivision Streets and with State After the project has been completed, the Board will determine the final cost, and direct a Preliminary Assessment Roll to be published, followed by a second public hearing where the Final Assessment roll may be confirmed, and the special assessment implemented. The alternative to adopting the Preliminary Assessment Resolution is to deny the citizen petition  Project.  assessment.  treatment  patch  estimates until the project is bid and constructed.  allow the project to be bid and constructed.  Statute $153A-185 Authority to Make Special Assessments.  and not offer public financing of this road improvement project.  The following resolution applies:  RESOLUTION No. 2023-33 PRELIMINARY ASSESSMENT RESOLUTION FOR: STREET IMPROVEMENT PROJECT FOR ASPEN HEIGHTS SUBDIVISION OCTOBER 16, 2023  599    WHEREAS, street maintenance and deterioration is a concern that affects residents of Catawba WHEREAS, at its meeting held on September 8, 2020 the Catawba County Board of Commissioners resolved (Resolution # 2020-17) to take an active role in efforts to make street repair assistance available to citizens when other alternatives are not feasible, in accordance with Chapter 153A Article 9 of the General Statutes of the State of North Carolina; and WHEREAS, on the 15th day of June, 2023, the property owners of that portion of Aspen Heights Subdivision fronting on Aspen Court filed with the Catawba County Utilities and Engineering Department a petition for improving the streets in the following manner: Mill and overlay 1.5 inches of asphalt pavement on Aspen Court and patch treatment in the cul-de-sac. Remove a yard grate at 6932 Aspen Court and replace with a DOT approved pipe entrance along with Type 4 filter fabric and Type B Riprap to stabilize the WHEREAS, the Director of Utilities and Engineering for Catawba County has certified to the Catawba County Board of Commissioners that said petition is sufficient in all respects, the same having been duly signed by more than seventy-five percent (75%) of the affected property owners, whose property represents more than seventy-five percent (75%) of all the lineal feet of frontage of the lands abutting upon the streets or portion of streets hereinabove described. NOW, THEREFORE, BE IT RESOLVED by the Catawba County Board of Commissioners that: 2. Itisi intended Aspen Heights Subdivision streets be improved int the following manner: Mill and overlay 1.5 inches of asphalt pavement on Aspen Court and patch treatment in the cul-de-sac. Remove a yard grate at 6932 Aspen Court and replace with a DOT approved pipe entrance along with Type 4 filter fabric and under and by virtue of Chapter 153A. Article 9 of the General Statutes of North Carolina and the procedure therein established for acceptance into the NCDOT State system for highway 3. One hundred percent (100%) of the total cost of said improvement, be hereafter assessed upon the property receiving the improvements (according to the assessment basis set out in The property owners of that portion of Aspen Heights Subdivision fronting on  County neighborhoods and subdivisions; and  pipe entrance; and  1. The above mentioned petition is found to be sufficient in all respects.  Type B Riprap to stabilize the pipe entrance;  maintenance. the petition): Aspen Court.  4. Within thirty (30) days of publication of notice of confirmation oft the final assessment role, the assessments herein provided for shall be payable in full, or if any. property owner shall sO elect, such owner shall have the option of paying the assessment in ten (10) equal annual installments, said installments to beari interest at the proposed rate of1 1.5 percent per annum. 5. A public hearing on all matters covered by this resolution shall be held at 7:00 p.m. on the 6th day of November, 2023, in the Board of Commissioners Meeting Room, 2nd floor of the Catawba County Justice Center, 100 Government Dr. in Newton, North Carolina. BE IT FURTHER RESOLVED that a copy of the Notice of Preliminary Assessment Resolution and Public Hearing be published in the Hickory Daily Record as provided fori in G.S.S 153A-191. The County, its officers, agents and attorneys are hereby directed to take any further actions as may be required by the laws of the State of North Carolina to perform the matters and things  directed by this Resolution.  600    Adopted the 16th day of October, 2023.  A copy of the Aspen Heights Road Improvement Map is hereto attached:  194  6  CATAWBA COUNTY UTILITIES & ENGINEERING ASPEN COURT SUBDIVISION Road Improvement Project 10162 197 241.33  NA G ED.0 5 626.53  300.00 195 43.44 302.84 1816  12677 COS 10 125.91  196 1023.64 339.49 A00.14 'soo 147.01 96.81 52.54 145.01 ASPEN CT (1210) 145.29 133.06  153.31 147.30 96.01 37.0 128.13 (255)  132.80 128.05 100.61 132.80 128.06  COS  517.92  101.24 1ap9 12831 126.26  154.31  (175  Gxeeks, Streams - Structures Parcel Address Sitele locolion Aspen Court -30' Curb Replacement B Replotey yard grote withr normal pipee entronce Patch Treatment  28  NORTN inch equals75feet  660.37  A copy of the NCDOT approval letter is hereto attached:  601    STATEC OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION  ROYCOOPER GOVERNOR  J.ERICBOYETTE SECRETARY  August 17,2023 Mr. Pete Shonka, P.E. Utilities & Engineering Director 25 Government Drive Newton, NC 28658 Dear Mr. Shonka,  This letteri is in response to your inquiry about the acceptance of Aspen Heights Subdivision in Catawba County. Once all items on the punchl list have been corrected and the District Office has confirmed that the repairs meet NCDOT's Minimum Standards for Addition. The District Office will move forward with the addition paperwork for the street within Aspen Heights Subdivision that meet those minimum standards and then submit and recommend the streets for addition tol NCDOT's! Secondary Road Maintenance System. Ifyou have any further questions please let us know.  Sincerely, TAL Travis R. Jordan, P.E. District Engineer Division 12, District 3 TRJ:jlk Cc: file  Mailing Address: NCI DEPARTMENT OFT TRANSPORTATION DISTRICT30FFICE. 10311 EAST GASTON STREET LINCOLNTON, NC2 28092  Telephone: 704-748-2400 Fax: 704-748-2403 Customer Service: 1-877-368-4968 Website: nedot.gov  A copy of the Certificate of Sufficiency is hereto attached:  602    CERTIFICATE. AST TOSUFFICIENCY OFI PETITIONI FORI IMPROVEMENT  TO:THE CATAWBA COUNTYI BOARD OF COMMISSIONERS  Peter Shonka, Director of Utilities and Engineering for Catawba County, North Carolina, do hereby certify thatt the attached petition ofp property owners for the improvement Aspen Heights Subdivision was lodged with me on the 15th day of June 2023; that I have investigated the sufficiency oft the said petition; and that ther result ofmyi investigation isa ast follows: 1. Thet total number of owners oft the lands abutting upont thes street ors streets or part ofs street or streets proposed by the said petition tol bei improved is 11. The number ofs said owners whos signedt the petitioni isl 10,ar number equalt tog greater than 75 percent. Thet total number ofl lineal feet off frontage ofs saidl lands upon the street ors streets orp part of street ors streets proposed byt the said petition tob bei improved isl 1,484.86f feet. Thei number ofthes saidl linealf feeto off frontage represented! byt thej property ofthes said owners who signed the petition is 1,344.66 feet, a distance equal to greater than 75 percent or the frontage of 3. I find that the said petition is in all réspects sufficient and in conformity with all the requirements of Chapter 153A-205 oft the General Statutes of! North Carolina. If find also that the: street (or streets) (or part ofas street or streets) proposed by thes said petition to be improvedi is (or are) or has been (or have been) definitely laid out, andt that the boundaries  thel lands abutting thes area tol bei improved.  oft thes same have been definitely fixed. INY WITNESS' THEREOF,I Iaffixi my! hand and: seal. This the 30th day of August, 2023.  Rb MSlkh Peter M. Shonka, Director Utilities and! Engineering  i. The Policy and Public Works Subcommittee recommended the Board of Commissioners adopt the amended Chapter 30. - Purchasing of the Catawba County Code of Ordinances and replace Staff has worked with Legal and the County Manager's Office to thoroughly review Chapter 30 and evaluate sections included in the Code of Ordinances that should instead be included in a separate Purchasing Manual. The goal of this proposed revision is to ensure the code is fully aligned with statutory requirements, and that procedures and operating protocols are not embedded in ordinance to allow staff the flexibility to modify to fit operational requirements as needed. A Purchasing Manual separate from the code will simplify purchasing procedures for employees by setting clear procedural guidelines that must bet followed by departments.  the existing chapter in its entirety.  The following Ordinance applies:  603    ORDINANCE: 2023-11  BE IT ORDAINED, the Catawba County Code of Ordinances, Chapter 30, Purchasing, be  amended in its entirety to read as follows: Chapter 30, Purchasing  Editor's note- Ord. No. 2015-04, adopted March 16, 2015, repealed Ch. 30, SS 30-1-30-23, in its entirety and added ar new Ch. 30. Former Ch. 30 derived from Ord. No. 2011-07, adopted June  20,2011, and Ord. No. 2005-10, adopted September 6, 2005.  Cross reference- Administration, Ch. 2.  State Law reference- Authority of county to enter into multiyear contracts, NCGS $153A-13. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alternative Contracting Method means local governments can seek authority to modify bidding requirements for particular projects, specifically design-build projects for building construction. Appropriation means an authorization granted by the Board of Commissioners to make Bid means a quotation specifically given a prospective purchaser upon request, usually in Construction Management-at-RISK means services are provided by a construction manager, which may include preparation and coordination of bid packages, scheduling, cost control, value engineering, evaluation, preconstruction services and construction administration. Contract means a legal agreement between the county and another governmental agency, company, corporation, individual or group of individuals obligating the county to pay money for DepartmentAgenty Head means the highest level of supervision and coordination within a Design-Build means the design-builder contracts to provide both design services (architectural Design-Build Bridging means the local government contracts separately with a project designer to design thirty-five percent (35%) oft the project and contracts with a design-builder to complete the Design-Builder means an appropriately licensed person, corporation, or entity that, under a single Dual Bidding means bids may be received to erect, construct, alter or repair al building under both the single-prime and separate-prime contracting systems, and the contract shall be awarded to the lowest responsible bidder under the single-prime or the lowest responsible bidder under the Electronic Auction means an auction of surplus property conducted on an internet site. E-Verify means local governments are prohibited from contracting for formal purchases and construction projects with a contractor that has not submitted documentation that the E-Verify program has been used to insure the contractor's employees and subcontractor's employees are  Sec. 30-1. Definitions.  expenditures and toi incur obligations for specific purposes.  competition with other' Vendors.  services rendered or products. program area.  and engineering) and construction services under one contract.  project design and perform construction services.  contract offers to provide design services and general contracting services.  separate-prime system.  not illegal immigrants and are legally employed.  604    Minority Business means al business of which at least fifty-one percent (51%) is owned by one or more minority persons or socially and economically disadvantaged individuals or, for a corporation, in which at least fifty-one percent (51%) of the stock is owned by one or more minority persons or socially and economically disadvantaged individuals, and of which the management and daily business operations are controlled by one or more oft the minority persons Preaudit means an examination for the purpose of determining the propriety of proposed financial transactions and financial transactions which have already taken place but which have not yet been recorded or, if such approval is required, before the approval of the financial transactions by Purchase Order means a legal document binding a Vendor to provide a service or product and Purchasing Manager means one who purchases for another; one who is authorized by the  ors socially and economically disadvantaged individuals who own it.  designated officials for recording. the county to pay as specified price. County to negotiate contracts with' Vendors. Quote means to state a price for goods or services. services for competitive procurements over $90,000.  Request for Proposals means a formal solicitation document typically used for seeking competition and obtaining offers for more complex services or a combination of goods and Request for Qualifications means a process of evaluating and determining whether potential bidders have the skill, judgment, integrity, sufficient financial resources and ability necessary for Separate-Prime means bids for building projects are received for each subdivision of work:  faithful performance of a contract for construction or repair work.  (1) Heating, ventilating and air conditioning;  (2) Plumbing; (3) Electrical; and (4) General.  Single-Prime means bids for building projects are received from one contractor. The single-prime contractor performs all work or contracts with subcontractors for heating, ventilating and air Sole Source Item means when an item is of such a special nature that it is only manufactured by Surplus Property means items which are obsolete or are no longer of any value to the county. Unencumbered Balance means that portion of an Appropriation which has not been expended or  conditioning; plumbing; and electrical.  one company.  obligated through issuance of a Purchase Order. Vendor means one who sells a commodity or a service. accounts against which they are to be recorded. (Ord. No. 2015-04, 3-16-2015; Ord. No. 2018-06, 6-18-2018) Cross reference- Definitions generally, $1-2. Sec. 30-2. Jurisdiction and Authority.  Voucher means a document which evidences the propriety of transactions and indicates the  (a). The securing of goods and services necessary to the operation of county government is a major administrative responsibility. Under the supervision of the Finance Director, this function of  county government is the primary responsibility of Purchasing.  605    (b) Statutory provisions regulating purchasing by local governments are contained primarily in! NCGS $143-129 through $143-135. Other specific duties, responsibilities and authorities are contained in NCGS Chapters 14, 44, 66, 75, 87, 105, 153, 160A, and 159. By virtue of these statutes, the County is empowered to enter into contracts for the procurement of materials and services. The Board of Commissioners has full budget authority to sign such contracts. Authority to sign contracts for procurement of supplies and services has been delegated to the County (c) Prior to entering into any agreement or making any purchase, the County must first have funds appropriated to meet financial obligations. Contracts or Purchase Orders requiring the payment of funds for supplies or materials may not be made unless a proper Appropriation appears in the budget and as sufficient Unencumbered Balance remains in the Appropriation. (d) Electronic advertising is hereby allowed for formal bids and the County is authorized to  Manager.  advertise by that means.  (Ord. No. 2015-04, 3-16-2015; Ord. No. 2018-06, 6-18-2018)  State Law reference- Budgetary accounting for Appropriations, NCGS $159-28.  Sec. 30-3. Purpose.  (a) The purchasing function is a service-oriented activity. As such, it exists to serve the (b) This chapter makes reference to statutory provisions of state law. The provisions contained in this chapter reflect the current laws. It is intended that these provisions will always duplicate whatever changes occur in state law, and such provisions will be administratively  needs of operating departments and agencies in county government.  updated at that time. Sec. 30-4. Local buying.  (Ord. No. 2015-04, 3-16-2015; Ord. No. 2018-06, 6-18-2018)  According to NCGS $143-129(D), the County has no authority to establish preferences of any kind and is bound by law to award to the lowest responsible bidder, taking into consideration quality, performance and time specified in the proposals for the performance of the contract. However, iti is the desire of the County to contract with Vendors and contractors located within the County whenever possible. The purchasing office shall update departments of new local Vendors and contractors and encourage departments to obtain quotes from local Vendors when  appropriate.  (Ord. No. 2015-04, 3-16-2015; Ord. No. 2018-06, 6-18-2018)  Sec. 30-5. Formal bids.  All formal bids will be sent out by the Purchasing Manager as the authorized representative of the County. Bids will be opened and tabulated by the Purchasing Manager. When architects or engineers are employed to perform this service on construction bids, the Purchasing Manager should be present at openings when possible, receive copies of the public notice and bids, and prepare a recommendation for the award of a bid. Certain requirements must be followed in the (1) Written specifications must be prepared. Efficient purchasing practices require buying in accordance with carefully developed specifications. For purchases of standard items, development of elaborate specifications are not necessary, but simple, standard specifications are acceptable. Good, clear specifications are an essential aspect of competitive bidding. Quality and service are as important as price; therefore, specifications are needed that will fulfill but not exceed the requirements for which the items and/or services are intended. Specifications are  formal bid process:  606    prepared by the purchasing office with input from the ordering department to ensure that the products purchased fill the need. A lengthy specification designed solely for the purpose of eliminating competition, other than those able to supply a particular brand name, will not be permitted. Brand names should be used only when no other product would be satisfactory. (2) Bids must be advertised for prospective bidders. Advertisements must be published on the County's web site sO there are seven (7) full days between the date of the publication and the date of the opening of the bids. It will be the purchasing office's responsibility to maintain a Vendor list and notify all parties on the Vendor list for applicable projects. The advertisement must contain the time and place where plans and specifications may be obtained and the time and place for opening of the proposals. On all construction contracts, the advertisement must also contain a notice that bidders must be properly licensed under NCGS Chapter 87. (3) Prospective bidders must submit sealed bids. Unless the invitation to bid states differently, bids must be sealed and the contents must not be disclosed or exhibited prior to the (4) Except under the conditions in subsections (4)a. and b., the Board of Commissioners must accept bids and award contracts. Bid results must be presented to the Board of Commissioners for acceptance and award. The Board of Commissioners reserves the right to  time set for the bid opening.  reject any or all proposals.  a. The County Manager is authorized to award formal bids for purchase contracts in 3. The purchase is consistent with the goals and/or outcomes of the department. The County Manager is further authorized to reject any and/or all bids received less b.E Bids may be rejected for any reason determined by the Board or the County Manager, under his/her authority, for any reason determined to be in the best interest of the County. However, the bid shall not be rejected for the purpose of evading the  amounts less than $250,000 within the following guidelines: 1. The bid is awarded to the lowest responsible bidder. 2. Sufficient funding is available within the department. 4. The project is approved in the budget. than $250,000 ifitis is in the besti interest of the County.  provisions of NCGS $143-129.  (Ord. No. 2015-04, 3-16-2015; Ord. No. 2018-06, 6-18-2018) Sec. 30-6. Formal bid and request-for-proposal monetary limits.  (a) When required. Formal procedures must be followed when the purchase requires an estimated expenditure of $90,000 or more. For construction, repairs and renovation, formal bid procedures must be followed if the project requires an estimated expenditure of $500,000 or (b) Minority contractors; separate specifications and contracts. If the cost for the construction of a building is estimated at $300,000 or more, the County has established a five percent (5%) goal for participation by minority contractors in the total value of work for which a contract is awarded pursuant to NCGS $143-128. In addition, for projects totaling $300,000 or more, separate specifications and contracts must be prepared for the following areas of work: (1) Heating, ventilating, air conditioning and accessories and/or refrigeration for cold storage (4) General work noti included in the three (3) areas listed in subsections (1) through (3).  more.  (where the cooling load is fifteen (15) tons or more of refrigeration);  (2) Plumbing and gas fittings and accessories; (3) Electrical wiring and installations; and  607    (c) Contracting methods. For building construction or building repair projects $300,000 and above, bids may be received by using (1) single-prime, (i) separate-prime, (ii) dual bidding, (iv) construction managementat-risk contract or (v) Alternative Contracting Methods authorized  pursuant to NCGS $143-135.26(9) in accordance with the following:  (1) Single-Prime. All bidders in a single-prime project shall be required to identify on their bid the contractors they have selected for the subdivisions or branches of work for: heating, ventilating, and air conditioning; plumbing; electrical; and general. The contract shall be awarded to the lowest responsible, responsive bidder, taking into consideration quality, performance, the time specified in the bids for performance of the contract, and compliance with NCGS $143-128.2. A contractor whose bid is accepted shall not substitute any person as subcontractor in the place of the subcontractors listed in the a. If the listed subcontractor's bid is later determined by the contractor to be nonresponsible or nonresponsive, or the listed subcontractor refuses to enter into a b. With the approval of the Board of Commissioners for good cause shown by the When a contract is awarded using the single-prime method, the County shall make the (2) Separate-Prime. Bids shall be accepted for each subdivision of work for which specifications are required to be prepared, and bids shall be awarded separately to responsible and reliable persons regularly engaged in their respective lines of work. Each separate contractor shall be directly liable to the County and to the other separate contractors for the full performance of all duties and obligations due under the terms of the contract. Contracts shall be awarded to the lowest, responsible, responsive bidders, taking into consideration quality, performance, the time specified in the bids for (3). Dual Bidding. Bids may be received to erect, construct, alter or repair a building under both the single-prime and separate-prime contracting systems, and the contract shall be awarded to the lowest responsible, responsive bidder under the single-prime system or to the lowest responsible, responsive bidder under the separate-prime system, taking into consideration quality, performance and compliance with NCGS $143-128.2 and time specified in the bids to perform the contract. In determining the system under which the contract will be awarded to the lowest responsible, responsive bidder, the cost of construction oversight, time for completion, and other factors the county considers appropriate may be considered. The bids received as separate-prime bids shall be received, but not opened, no less than one (1) hour prior to the deadline for the submission of single-prime bids. The amount of a bid submitted by a subcontractor to the general contractor under the single-prime system shall not exceed the amount bid, if any, for the same work by that subcontractor under the separate-prime system. a. Construction Management Services. The term "Construction Management Services" means services provided by a construction manager, which may include preparation and coordination of bid packages, scheduling, cost control, value engineering, evaluation, preconstruction services, and construction administration. . Construction Management-A-RISK Services. The term "Construction Management-at- Risk Services" means services provided by a person who:  original bid, except:  contract for the complete performance of bid order; or  contractor.  dispute resolution process available to subcontractors.  performance oft the contract and compliance with NCGS $143-128.2.  (4) Construction Management Contracts.  1. 2. 3.  Provides construction management services for a project throughout the  preconstruction and construction phases; Isl licensed as a general contractor; and Guarantees the cost of the project.  608    C. Construction Manager-Al-Risk. The Construction Manager-at-Risk shall contract directly with the County for all construction, shall publicly advertise, and shall prequalify and accept bids from first-tier subcontractors for all construction work. The Construction Manager-at-Risk shall address quality, performance, the time specified in the bids for performance of the contract, the cost of construction oversight, time for completion, capacity to perform, and other factors deemed appropriate by the County. The County shall require the Construction Manager-at-Risk to submit its plan for compliance with NCGS $143-128.2 for approval by the Board of Commissioners prior to soliciting bids for the project's first-tier subcontractors. A Construction Manager-at-Risk and first-tier subcontractors shall make a good faith effort to recruit and select Minority Businesses for participation in contracts pursuant to NCGS $143- 128.2. A Construction Manager-at-Risk may perform a portion of the work only if:  1. 2.  Bidding produces no responsible, responsive bidder for that portion of the work, the lowest responsible bidder will not execute a contract for the bid portion of the work or the subcontractor defaults and a prequalified replacement cannot be obtained in ai timely manner; and The County approves of the Construction Manager-at-Risks All bids shall be opened publicly and once they are opened are public records. The Construction Manager-at-Risk shall act as the fiduciary of the County in handling and opening bids. The Construction Manager-at-Risk shall award the contract to the lowest responsible, responsive bidder, taking into consideration quality, performance, the time specified in the bids for the performance of the contract, the cost of construction oversight, time for completion, compliance with NCGS $143-128.2, and other factors deemed appropriate by the County and advertised as part of the bid solicitation. The County may require the selection of ac different first-tier subcontractor for any portion of the work, provided the Construction Manager-at-Risk is compensated for any additional cost incurred. When contracts are awarded using this method, the County shall provide for a dispute resolution procedure as provided in N.C.G.S. $143-128(g). The Construction Manager-at-Risk shall provide a performance and payment bond to Design-Build and Design-Build Bridging. Design-Builder Contracts are used to provide both design services (architectural and engineering) and construction services under one contract. Design-Build is subject to request for qualification and is initially selected based on qualifications. A Design-Build Bridging contract is utilized when a local government contracts with a design-builder to complete project design and perform construction services. A Design-Build Bridging contract is awarded to the lowest responsive, responsible bidder based on estimated costs of performing design and construction services.  performance of the work.  the County.  d.  (5) Alternative Contracting Method. Local governments can seek authority to modify bidding requirements for particular projects, specifically Design-Build projects for building construction. (d) Performance and Payment Bonds. When a project exceeds $300,000, performance and payment bonds are required for each contract that exceeds $50,000. No bid for construction or repair work valued at $300,000 or above may be considered or accepted unless, at the time of the submittal, it is accompanied by a deposit in the form of cash or certified check, in an amount equal to not less than five percent (5%) of the proposal. In lieu of making a cash deposit, the bidder may file a bid bond executed by a corporate surety licensed under the laws of the state. The successful contractor shall be required to submit performance and payment bonds to secure the faithful performance of the terms of the contract and the payment of all sums due for labor  and materials.  609    (e) Reporting Requirements. County staff shall report to the Secretary of the Department of Administration the cost and effectiveness of the method used under this section. Reports shall  include the following information: (1) The method used; (2) The total value ofe each project; (3) The bid costs and relevant post bid costs;  (4) A detailed listing of all contractors and subcontractors used on the project, including identification of whether the contractor was an out of state contractor; and (5) When an out-of-state contractor was used, the reasons why the contractor was The reports must be filed annually beginning April 1, 2003, and thereafter must be filed in the Dispute Resolution for Building Construction Projects. The County shall provide dispute resolution procedures for all building construction or repair projects. The dispute resolution procedures are available to all parties involved in the construction project, including the architect, the construction manager, and the contractors, including all levels of subcontractors, and are available for any issue arising out oft the contract or construction process as long as the matter in dispute is $15,000 or more. See the County's dispute resolution policy for additional information. (g) Minority Participation for Building Construction Projects ($300,000 and above).  selected.  year in which the project is completed.  ()  (1). Contractors, including first-tier subcontractors on Construction Management-at- Risk projects, must identify on their bids the Minority Businesses they will use on the project and the total dollar value of the bid that will be performed by Minority Businesses. Contractors must also include an affidavit listing the good-faith efforts they have made. If contractors intend to perform all of the work with their own forces, they may submit an (2) After bids are received, the apparent lowest responsible bidder must provide  affidavit. either: a. b.  An affidavit describing the portion of the work to be executed by Minority Businesses, expressed as a percentage of the total contract amount showing a percentage equal to or more than the applicable goal on the project; or Documentation of good-faith efforts to meet the goal, including any advertisements, solicitations, and evidence of other specific actions demonstrating recruitment and selection of Minority Businesses for participation (3) Within thirty (30) days after a contract is awarded, the successful contractor must list all identified subcontractors that will be used on the project. Failure to provide the affidavit or documentation required to demonstrate good faith efforts is grounds for  int the contract.  rejection ofa al bid.  (4) Asubcontractor may not be replaced except:  a. b. offices.  When the subcontractor's bid is determined to be nonresponsible or nonresponsive or the subcontractor refuses to enter into a contract for the When selecting a substitute contractor, the contractor must make and document good faith efforts. See guidelines and minority outreach plan, on file in the county  complete performance of the work; or  With the approval oft the County for good cause.  (h) E-Verify Required for Formal Construction Contracts. All contractors and their respective subcontractors shall provide E-Verify affidavits or acknowleagements for any formal construction  project prior to contracting with the County.  610    (Ord. No. 2015-04, 3-16-2015; Ord. No. 2018-06, 6-18-2018) under certain circumstances, NCGS $153A-165 and $143-135.  State Law reference- Authority of county to lease real property and to employ county personnel  Sec. 30-7. Informal bids.  (a) Informal bids are distinguished from formal bids by the following:  (1) The dollar amount for the purchase of goods is less than $90,000 and less than (4) Informal bids received shall remain confidential until the bid is awarded. (b) Three quotes should be obtained for purchases between $5,000 and $90,000 for purchases of supplies and equipment unless it is a Sole Source item. For purchases of supplies and equipment between $5,000 and $30,000, the three-quote requirement can be waived with the  $500,000 for construction/repair work contracts. (2) Advertising for bids is not necessary. (3) Written, sealed bids need not be submitted.  approval oft the Purchasing Manager.  (1) The employee who receives such bids is to keep a record of all bids submitted and have these available for public inspection. This record shall include the company name, the contact person, the item quoted and the date the quote was received. (2) When informal bids are received by a department, the quotes received should be listed on the Purchase Order and a copy attached to the Purchase Order. (c) Informal building construction and repair projects are accomplished by obtaining three written quotations for projects between $30,000 and $500,000. For building construction or (3) contracts in the informal range, between $30,000 and $500,000, Minority Business contractors repair  shall be solicited.  (Ord. No. 2015-04, 3-16-2015; Ord. No. 2018-06, 6-18-2018)  State Law reference- Bids to be available for inspection, NCGSS 143-131.  Sec. 30-8. Contracts.  All contracts proposed by any county department or agency must be preaudited prior to execution as required by NCGS $159-28. The following procedures relative to contracts will apply: (1) All contracts should be sent to the Finance Director for preaudit with the following language: "This Instrument has been preaudited in the manner required by the Local Government Budget  and Fiscal Control Act." Finance Director  (2) APurchase Order shall be issued for all contracts when County funds will be expended. (3) The contract will be sent to the County Attorney's office for approval as to form, prior to (4) A copy of the contract will be maintained in a County approved electronic database and  execution.  attached to the Purchase Order. Sec. 30-9. Emergency Purchases.  (Ord. No. 2015-04, 3-16-2015; Ord. No. 2018-06, 6-18-2018)  611    (a) Emergency purchasing permission is granted only in extreme cases. During normal working hours, if, in the judgment of the Department Head, an emergency arises which necessitates immediate purchase of materials or services to continue with department operations, the Purchasing Manager is notified of the emergency purchase which will be necessary and enters the Purchase Order in the computer system. The Purchasing Manager then processes the Purchase Order immediately, contacting the Finance Department for approval. (b) After working hours, the Department Head will decide if an emergency exists and in such case will authorize the necessary emergency purchase. A disbursement voucher shall be completed for any emergency purchase with an explanation attached. (c) In all cases, if the Department Head is not available, the decision regarding emergencies will be made by the Finance Director or Assistant Finance Director. These procedures apply to all (d) Emergency procedures are not intended for purchases required because of failure to anticipate normal needs. Work should be planned in advance and material requirements  County agencies and departments.  determined sO thati items can be requisitioned as a regular purchase. (Ord. No. 2015-04, 3-16-2015; Ord. No. 2018-06, 6-18-2018)  Sec. 30-10. Use of Purchasing Procedures and Purchasing Office Required. (a) The purchasing of goods and services utilized by County departments must be handled inaccordance with the procedures contained in this Chapter and all related County policies. (b) The purchasing of such items and services shall be accomplished through the use of the purchasing office. The key to an efficient and economical central purchasing system is optimum (c) While some exception to this requirement may be allowed, e.g., emergency purchases as covered in section 30-18, failure to use the purchasing office may result ini the County's refusal to  use of that system.  pay invoices for such purchases.  (Ord. No. 2015-04, 3-16-2015; Ord. No. 2018-06, 6-18-2018)  Sec. 30-11. Uniform Guidance Procurement for Contracts Using Federal Funds. This section establishes guidelines that meet or exceed the procurement requirements for purchases of goods (apparatus, supplies, materials, and equipment), services, and construction or repair projects when federal funds are being used in whole or in part to pay for the cost of the (1) Applies to contracts for purchases, services, and construction or repair work funded with federal financial assistance (direct or reimbursed). These guidelines also apply to any subrecipient of the funds. All federally funded projects, loans, grants, and sub-grants, whether funded in part or wholly, are subject to the uniform administrative requirements, cost principles, and audit requirements for federal awards (Uniform Guidance) codified at 2 C.F.R. part 200 unless otherwise directed in writing by the federal agency or state pass-through agency that (2) Compliance with federal law. All procurement activities involving the expenditure of federal funds must be conducted in compliance with the procurement standards codified in 2 C.F.R. S 200.317 through S 200-327 of this subpart, as amended, unless otherwise directed in writing by the federal agency or state pass-through agency that awarded the funds. The County will follow all applicable local, state, and federal procurement requirements when expending federal funds. Should the County have more stringent requirements, the most restrictive  contract.  awarded the funds.  requirement shall apply sO long as iti is consistent with state and federal law.  612    (3) Definitions Related to Uniform Guidance: requirements of this chapter or state and federal law. Contractor. An entity that receives a contract.  Contract Award. All contracts shall be awarded only to the lowest responsive responsible bidder possessing the ability to perform successfully under the terms and conditions of the contract. No Evasion. No contract may be divided to bring the cost under bid thresholds or to evade any Contract Requirements. All contracts paid for in whole or in part with federal funds shall be in writing. The written contract must include or incorporate by reference the provisions required Contractors' Conflict of Interest. Designers, suppliers, and contractors that assist in the development or drafting of specifications, requirements, statements of work, invitation for bids or requests for proposals shall be excluded from competing for such requirements. Micro-Purchase. A purchase of supplies or services, the aggregate amount of which does not Mirco-Purchase Threshold. The dollar amount at or below which a non-Federal entity may purchase property or services using micro-purchase procedures under 2 C.F.R. 200-320. Pass-Through Entity. A non-Federal entity that provides a subaward to carry out part of al Federal Simplified Acquisition Threshold. The dollar amount below which a non-Federal entity may Subaward. An award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. As subaward may be provided through any form of legal agreement, including an agreement that Subrecipient. An entity usually but not limited to non-Federal entities, that receives a subaward from a pass-through entity to carry out part of a Federal award, but does not include an individual Time and Materials Contract. A time and materials contract provides for acquiring supplies on (1) Direct labor hours at specified fixed hourly rates that include wages, overhead, general and (2) Actual cost for materials (except as provided for in 48CFR.$31205260) and ()).  under 2C.F.R. part 200, including Appendix II, as amended.  exceed the micro-purchase threshold.  program.  purchase property or services using small purchase methods.  the pass-through entity considers a contract. thati is al beneficiary of such award.  the basis of:  administrative expenses, and profit; and (Ord. No. 2018-06, 6-18-2018) contracts and grants.  Sec. 30-12. General procurement standards and procedures required for federally awarded Either the purchasing office or the requesting department shall procure all contracts in (1) Necessity. Purchases must be necessary to perform the scope of work and must avoid acquisition of unnecessary or duplicative items. The purchasing office and/or the requesting department should check with the federal surplus property agency prior to buying new items when feasible and less expensive. Strategic sourcing should be considered with other  accordance with these requirements.  613    departments and/or agencies who have similar needs to consolidate procurements and services (2) Clear specifications. All solicitations must incorporate a clear and accurate description of the technical requirements for the materials, products, or services to be procured, and shall include all other requirements which bidders must fulfill and all other factors to be used in evaluating bids or proposals. Technical requirements must not contain features that restrict (3) Notice of federal funding. All bid solicitations must acknowledge the use of federal funding for the contract. In addition, all prospective bidders or offerors must acknowledge that funding is contingent upon compliance with all terms and conditions of the funding award. (4) Compliance by contractors. All solicitations must inform prospective contractors that they must comply with all applicable federal laws, regulations, executive orders, and terms and (5) Fixed price. Solicitations must state that bidders must submit bids on a fixed price basis and the contract shall be awarded on this basis unless otherwise provided in this chapter. Cost plus percentage of cost contracts are prohibited. Time and materials contracts are prohibited in most circumstances. Time and materials contracts will not be used unless no other form of contract is suitable and the contract includes a "Not to Exceed" amount. A time and materials contract shall not be awarded without express written permission of the federal agency or state (6) Use of brand names. When possible, performance or functional specifications are preferred to allow for more competition, leaving the determination of how to reach the required result to the contractor. Brand names may be used only when it is impractical or when needed to write a clear and accurate description of the requirement(s). When a brand name is listed, it is (7) Lease versus purchase. Under certain circumstances, it may be necessary to perform an analysis of lease versus purchase alternatives to determine the most economical approach. (8) Dividing contract for Minority or Women Business Enterprise ("WBE") participation. If economically feasible, procurements may be divided into smaller components to allow maximum participation of small and Minority Businesses and WBE (sometimes referred to "M/WBE"). The procurement cannot be divided to bring the cost under bid thresholds or to evade any (9) Documentation. Documentation must be maintained by the purchasing office and/or the requesting department detailing the history of all procurements. The documentation should include the procurement method used, contract type, basis for contractor selection, price, sources solicited, public notices, cost analysis, bid documents, addenda, amendments, contractor's responsiveness, notice of award, copies of notices to unsuccessful bidders or offerors, record of protests or disputes, bond documents, notice to proceed, Purchase Order, and contract. All documentation relating to the award of any contract must be made available to the granting (10) Cost estimate. For all procurements in excess of the Simplified Acquisition Threshold (2 C.F.R. S 200-324(a)), the purchasing office and/or requesting department shall develop an estimate of the cost of the procurement prior to soliciting bids. Cost estimates may be developed by! reviewing prior contract costs, online review of similar products or services, or other means by which a good faith cost estimate may be obtained. Cost estimates for construction and repair (11) Contract requirements. The requesting department must prepare a written contract  to obtain better pricing.  competition.  conditions of the funding award.  pass-through agency that awarded the funds.  used as reference only and' "or equal" must be included in the description.  requirements under this chapter.  agency upon request.  contracts may be developed by the project designer. incorporating the provisions referenced in this Chapter.  614    (12) Debarment. No contract shall be awarded to a contractor included on the federally (13) Contractor oversight. The requesting department receiving the federal funding must maintain oversight of the contract to ensure that contractor is performing in accordance with the (14) Open competition. Solicitations shall be prepared in a way to be fair and provide open competition. The procurement process shall not restrict competition by imposing unreasonable requirements on bidders, including but not limited to unnecessary supplier experience, excessive or unnecessary bonding, specifying a brand name without allowing for "or equal" products, or other unnecessary requirements that have the effect ofr restricting competition. (15) Geographic preference. No contract shall be awarded on the basis of a geographic (16) Duplicate purchases. The requesting department should avoid unnecessary or duplicate (17) Consolidate. Consider consolidating or breaking out purchases to obtain more (18) Interlocal Agreements. Entering into interlocal or cooperative agreements for common or (19) Value Engineering. Using value engineering in construction contracts is encouraged. Sec. 30-13. Specific Procurement Procedures for Contracts Using Federal Funds. Either the purchasing office or the requesting department shall solicit bids in accordance with the requirements under this section based on thet type and cost oft the contract. (1) Service contracts (except for Architectural and Engineering ("A/E") professional services) costing less than $50,000 and purchase contracts costing less than $30,000 shall be procured using the uniform guidance micro-purchase" procedure (2C.F.R. $200.320(a)) as follows:  debarred bidder's list.  contract terms, conditions, and specifications.  preference.  purchases 20 C.F.R. $200-318(d). economical purchases.  shared goods or services is encouraged. 2C.FR.20031Ble).  (Ord. No. 2018-06, 6-18-2018)  a. The contract may be awarded without soliciting pricing or bids if the price of the b. Tot the extent practicable, purchases must be distributed among qualified suppliers. (2) Service contracts (except for A/E professional services) costing $50,000 up to $250,000 and purchase contracts costing $30,000 up to $90,000 shall be procured using the uniform guidance  goods or services is considered to be fair and reasonable.  "small purchase" procedure (2 C.FR.5200.3202b) as follows:  a. Obtain price or rate quotes from an "adequate number" of qualified sources (a federal grantor agency might issue guidance interpreting "adequate number," sO the requesting department should review the terms and conditions of the grant award b. Take affirmative steps to solicit price quotes from M/WBE Vendors and suppliers as  documents to confirm whether specific guidance has been issued).  required under 2 C.FR.S200.321.  Cost or price analysis is notr required prior to soliciting bids. service contracts where obtaining ai fixed price is not feasible).  d. Award the contract on a fixed-price basis (a not-to-exceed basis is permissible for  615    e. Award the contract to the lowest responsive, responsible bidder.  (3) Service contracts (except for A/E professional services) costing $250,000 and above and purchase contracts costing $90,000 and above shall be procured using a combination of the most restrictive requirements of the UG "sealed bid" procedure (2 C.F.R. $200.320(c)) and state formal  bidding procedures (NCGS5143-129) as follows:  a. Cost or price analysis is required prior to soliciting bids.  b. Complete specifications or purchase description must be made available to all C. The bid must be formally advertised in a newspaper of general circulation for at least seven full days between the date of the advertisement and the date of the public bid opening. Electronic-only advertising must be authorized by the governing board. The advertisement must state the date, time, and location of the public bid opening, indicate where specifications may be obtained, and reserve to the governing board the right to d. Take affirmative steps to solicit price quotes from M/WBE Vendors and suppliers as e. Open bids at the public bid opening on the date, time, and at the location noticed in the public advertisement. All bids must be submitted sealed. A minimum of two (2) bids f. Award the contract to the lowest responsive, responsible bidder on a fixed-price basis. Governing board approval is required for purchase contracts unless the governing board has delegated award authority to an individual official or employee. Any and all (4) Service contracts (except for A/E professional services) costing $250,000 and above may be procured using the uniform guidance "competitive proposal" procedure (2 C.F.R. $200.320(d)) when the "sealed bid" procedure is not appropriate for the particular type of service being sought.  bidders.  reject any or all bids only for' "sound documented reasons."  required under 2C.F.R. $200.321.  must be received in order to open all bids.  bids may be rejected only for "sound documented reasons."  The procedures are:  a. An RPF must be publicly advertised. Formal advertisement in a newspaper is not required sO long as the method of advertisement will solicit proposals from an l"adequate b. Take affirmative steps to solicit price quotes from MWWBE Vendors and suppliers as C. Identify evaluation criteria and relative importance of the criteria (criteria weight) in d. Consider all responses to the publicized RFP to the maximum extent practical. e. AV written method for conducting technical evaluations of proposals and selecting the f. Award the contract to the responsible firm with most advantageous proposal taking into account price and other factors identified in the RFP. Governing board approval is  number" of qualified firms. provided under 2C.F.R. $200.321.  the RFP.  winning firm. not required.  g. Award the contract on at fixed-price or cost-reimbursement basis.  616    (5) Construction and repair contracts costing less than $30,000 shall be procured using the uniform guidance micro-purchase" procedure (2 C.F.R. $200.320(a)) as follows:  a. The contract may be awarded without soliciting pricing or bids if the price of the b. Tot the extent practicable, contracts must be distributed among qualified suppliers. (6) Construction and repair contracts costing $30,000 up to $250,000 shall be procured using the uniform guidance "small purchase" procedure (2C.F.R. $200.320(b) as follows:  goods or services is considered to be fair and reasonable.  a. Obtain price or rate quotes from an "adequate number" of qualified sources (a federal grantor agency might issue guidance interpreting "adequate number," sO the requesting department should review the terms and conditions of the grant award b. Take affirmative steps to solicit price quotes from MWWBE Vendors and suppliers as C. Cost or price analysis is not required prior to soliciting bids, although price estimates  documents to confirm whether specific guidance has been issued).  required under 2C.F.R. $200.321. may be provided by the project designer.  d. Award the contract on ai fixed-price or not-to-exceed basis.  e. Award the contract to the lowest responsive, responsible bidder. Governing board (7) Construction and repair contracts costing $250,000 up to $500,000 shall be procured using the uniform guidance "sealed bid" procedure (2C.F.R. $200.320(c)) as follows:  approval is not required.  a. Cost or price analysis is required prior to soliciting bids (this cost estimate may be  provided by the project designer).  b. Complete specifications must be made available to all bidders.  C. Publically advertise the bid solicitation for a period of time sufficient to give bidders notice of opportunity to submit bids (formal advertisement in a newspaper is not required so long as other means of advertising will provide sufficient notice of the opportunity to bid). The advertisement must state the date, time, and location of the public bid opening, d. Take affirmative steps to solicit price quotes from MWWBE Vendors and suppliers as e. Open the bids at the public bid opening on the date, time, and att the location noticed in_the public advertisement. All bids must be submitted sealed. A minimum of two bids f. A five percent (5%) bid bond is required of all bidders. Performance and payment bonds of one hundred percent (100%) of the contract price are required of the winning  and indicate where specifications may be obtained. provided under 2 C.F.R. $200.321.  must be received in order to open all bids.  bidder.  g. Award the contract on ai firm fixed-price basis.  h. Award the contract to the lowest responsive, responsible bidder. Governing board approval is not required. Any and all bids may be rejected only for "sound documented  reasons."  617    (8) Construction and repair contracts costing $500,000 and above shall be procured using a combination of the most restrictive requirements of the uniform guidance "sealed bid" procedure (2C.F.R. $200.320(c)) and state formal bidding procedures (NCGS5143-129) as follows:  a. Cost or price analysis is required prior to soliciting bids (this cost estimate should be  provided by the project designer).  b. Complete specifications must be made available to all bidders.  C. Formally advertise the bid electronically for at least seven full days between the date of the advertisement and the date of the public bid opening. Electronic-only advertising must be authorized by the governing board. The advertisement must state the date, time, and location of the public bid opening, indicate where specifications may be obtained, and reserve to the governing board the right to reject any or all bids only for "sound d. Take affirmative steps to solicit price quotes from M/WBE Vendors and suppliers as e. Open the bids at the public bid opening on the date, time, and at the location noticed int the public advertisement. All bids must be submitted sealed and in paper form. A f. A five percent (5%) bid bond is required of all bidders (a bid that does not include a bid bond cannot be counted toward the three-bid minimum requirement). Performance and payment bonds of one hundred percent (100%) of the contract price are required of  documented reasons."  provided under 2 C.F.R. $200.321.  minimum of three bids must be received in order to open all bids.  the winning bidder.  g. Award the contract on ai firm fixed-price basis. all bids only for' "sound documented reasons."  h. Award the contract to the lowest responsive, responsible bidder. Governing board approval is required and cannot be delegated. The governing board may reject any and (9) Construction or repair contracts involving a building costing $300,000 and above must  comply with the following additional requirements under state law:  a. Formal HUB (historically underutilized business) participation required under NCGS $143-128.2, including local government outreach efforts and bidder good faith efforts, b. Separate specifications shall be drawn for the HVAC, electrical, plumbing, and C. The project shall be bid using a statutorily authorized bidding method (separate- prime, single-prime, or dual bidding) as required under NCGS5143-129a1). (10) Contracts for architectural and engineering services costing under $250,000 shall be procured using the state Mini-Brooks Act" requirements (NCGS$143-64.31) as follows:  shall apply.  general construction work as required under NCGS$143-1284a).  a. Issue a request for qualifications (RFQ) to solicit qualifications from qualified firms (formal advertisement in a newspaper is not required). Price (other than unit cost) shall b. Take affirmative steps to solicit price quotes from MWWBE Vendors and suppliers as C. Evaluate the qualifications of respondents based on the evaluation criteria  not be solicited in the RFQ.  provided for under 2 C.F.R. S 200.321.  developed by the purchasing office and/or requesting department.  618    d. Rank respondents based on qualifications and select the best qualified firm. Price cannot be a factor in the evaluation. Preference may be given to in-state (but not local) e. Negotiate fair and reasonable compensation with the best qualified firm. If negotiations are not successfully, repeat negotiations with the second-best qualified firm. f. Award the contract to best qualified firm with whom fair and reasonable compensation has been successfully negotiated. Governing board approval is not (11) Contracts for architectural and engineering services costing $250,000 or more shall be procured using the uniform guidance "competitive proposal" procedure (2 C.F.R. $200.320(d)(5)  firms.  required.  as follows: a. b. C. d. e. f. g.  Publically advertise a request for qualifications (RFQ) tos solicit qualifications from qualified firms (formal advertisement in a newspaper is not required). Price (other than Take affirmative steps to solicit price quotes from MWWBE Vendors and suppliers Identify the evaluation criteria and relative importance of each criterion (the Proposals must be solicited from an "adequate number of qualified sources" (an individual federal grantor agency may issue guidance interpreting 'adequate number"). Must have a written method for conducting technical evaluations of proposals Consider all responses to the publicized RFQ to the maximum extent practical. Evaluate qualifications of respondents to rank respondents and select the most qualified firm. Preference may be given to in-state (but not local) firms provided that granting the preference leaves an appropriate number of qualified firms to compete for Price cannot be at factor in the initial selection of the most qualified firm. Once the most qualified firm is selected, negotiate fair and reasonable compensation. If negotiations are not successfully, repeat negotiations with the second- Award the contract to best qualified firm with whom fair and reasonable compensation has been successfully negotiated. Governing board approval is not  unit cost) shall not be solicited in the RFQ. as provided under 2 C.F.R. $200.321. criteria weight) in the RFQ.  and selecting the best qualified firm.  the contract given the nature and size of the project.  h. i. best qualified firm. j. required.  (Ord. No. 2018-06, 6-18-2018; Ord. No. 2018-09, 7-23-2018) Sec. 30-14. Exceptions for Contracts Using Federal Funds.  Non-competitive contracts are allowed only under the following conditions and with the written approval of the federal agency or state pass-through agency that awarded the federal funds: (1) Sole Source. A contract may be awarded without competitive bidding when the item is available from only one source. The purchasing office and/or requesting department shall  619    document the justification for and lack of available competition for the item. A sole source contract (2) Public Exigency. A contract may be awarded without competitive bidding when there is a public exigency. A public exigency exists when there is an imminent or actual threat to public health, safety, and welfare, and the need for the item will not permit the delay resulting from a (3) Inadequate Competition. A contract may be awarded without competitive bidding when competition is determined to be inadequate after attempts to solicit bids from a number of sources, as required under this chapter, do not result in a qualified winning bidder. (4) Federal Contract. A contract may be awarded without competitive bidding when the purchase is made from a federal contract available on the U.S. General Services Administration (5) Awarding Agency Approval. A contract may be awarded without competitive bidding with the express written authorization of the federal agency or state pass-through agency that awarded the federal funds sO long as awarding the contract without competition is consistent with  must be approved by the governing board.  competitive bidding.  schedules of contracts.  state law.  (Ord. No. 2018-06, 6-18-2018)  Sec. 30-15. Conflict of Interest for Contracts Using Federal Funds.  These conflicts of interest criteria meet or exceed the requirements under state law and local policy when procuring goods (apparatus, supplies, materials, and equipment), services, and construction or repair projects paid for in part or whole by federal funds and required under 2 C.F.R. $200.318(c)(1). This section applies when procuring goods (apparatus, supplies, materials, and equipment), services, and construction or repair projects funded in part or whole with federal financial assistance (direct or The employee responsible for managing the federal financial assistance award shall review the notice of award to identify any additional conflicts of interest prohibitions or requirements associated with the award, and shall notify all employees, officers, and agents, including subrecipients, of the In addition to the prohibition against self-benefiting from a public contract under NCGS $14- 234, no officer, employee, or agent of the county may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. A real or apparent conflict exists when any of the following parties has a financial or other interest in or receives at tangible personal benefit from ai firm considered for award of a contract:  reimbursed). This section also applies to any subrecipient of the funds.  requirements of this policy and any additional prohibitions or requirements.  (1)  a. b. C. d. (2)  The employee, officer, or agent; Any member of his or heri immediate family; His or her partner; or  An organization which employs or is about to employ any of these parties.  Any officer, employee, or agent with an actual, apparent, or potential conflict of interest as defined in this chapter shall report the conflict to his or her immediate supervisor. Any such conflict shall be disclosed in writing to the federal award agency or pass-through entity in accordance with Ina addition to the prohibition against accepting gifts and favors from' Vendors and contractors under NCGS $133-32, officers, employees, and agents oft the county are prohibited from accepting or soliciting gifts, gratuities, favors, or anything of monetary value from contractors, suppliers, or parties tos subcontracts. Items of nominal value such as promotional items, honorariums for participation in  applicable federal awarding agency policy.  (3)  620    October 16, 2023, MB#56  meetings, and meals furnished at banquets may be accepted. Any officer, employee or agent who knowingly accepts an item of nominal value shall report the item tol his or her immediate supervisor. Employees violating this chapter will be subject to discipline up to and including termination. Violation of this conflict of interest requirement by a party to a contract shall result in the termination of  (4)  the contract and make the contracting party ineligible for future contract awards.  (Ord. No. 2018-06,6-18-2018) Sec. 30-16. Surplus Property.  (a)  If County property becomes surplus to the County's needs due to obsolescence, end of useful life, or for any other reason deemed appropriate by the County, such property will be disposed of by means most advantageous to the County. This includes tangible personal property, buildings and structures, and real estate acquired in foreclosure proceedings for nonpayment of property taxes. When the value of personal property is less than $10,000 for any one item or group of items, the Purchasing Manager is authorized and may declare items surplus. When the value of personal property is between $10,000 and $30,000 the County Manager is authorized and may declare items surplus. The County Manager and/or the Purchasing Manager shall determine the fair market value, taking into consideration the present market value, depreciation, condition of the property, and other factors affecting value. After a determination of the fair market value, the Purchasing Manager, by any manner deemed necessary, is authorized to sell or exchange any property for fair market value and has full authority to convey good title to the property. A record of all transactions shall be kept generally describing the property sold or exchanged, to whom it was sold, or with whom exchanged, and the amount of money or other consideration received for each sale or exchange. The County (2) Remains unsold or unclaimed after the County has exhausted efforts to sell the property (c) Any county employee who has the responsibility of declaring an item to be surplus property shall not purchase or obtain the item under any circumstances for personal use. (d) Surplus library books. Each branch library has a Friends of the Library organization. Library staff shall have the authority to transfer surplus and donated library materials to the Friends of the Library. Further, the Friends of the Library shall have the authority to sell donated or discarded County books on behalf of the County pursuant to NCGS $160A-266(c). The Friends of the Library shall use the proceeds to purchase new library materials and  (b)  Manager and/or the Purchasing Manager may discard any personal property that:  (1) Is determined to have no value; using any applicable procedures; or (3) Poses at threat to public health or safety.  programs.  (Ord. No. 2015-04, 3-16-2015; Ord. No. 2018-06, 6-18-2018)  This 16th day of October, 2023  j.The Policy & Public Works Subcommittee recommended the Board of Commissioners a.) approve the purchase of approximately 2.41 acres located on Lenoir Rhyne Boulevard in Hickory, pursuant to the terms oft the purchase agreement, and b.) authorize the Chair to execute all documents necessary to complete the The County is under contract to purchase ten parcels totaling approximately 2.41 acres located on Lenoir Rhyne Boulevard across from the existing EMS base in Hickory, for the purchase price of $375,000.00. During the due diligence period, staff obtained a title search, survey and Phase I Environmental, and no No funds are requested in association with this transaction; adequate funding is available in a previously  purchase.  significant issues were discovered. Attached is al list and map of the subject parcels.  authorized capital project specific to this purpose.  621    October 16, 2023, MB#56  k. Staff recommended the Board of Commissioners pass a resolution adopting the Statewide 5310 Locally Coordinated Plan (LCP), and authorizing the County Manager to execute any necessary documents or Catawba County, in coordination with the Western Piedmont Regional Transit Authority (WPRTA) and the North Carolina Department of Transportation (NCDOT), utilizes 5310 Rural and Urban Transportation Grant funding to provide transportation for elderly and disabled individuals to and from meal sites and for medical, In2 2018 the Public Transportation Division of NCDOT developed the Statewide 5310 Locally Coordinated Plan in an effort to reduce the burden on local organizations in identifying the transportation needs of individuals with disabilities, older adults, and those with lower incomes, and prioritizing strategies for meeting those needs, managing resources efficiently, and promoting transportation equity among those who may To remain in compliance with requirements related to 5310 Rural and Urban Transportation Grant funding, Catawba County must adopt the attached Statewide 5310 Locally Coordinated Plan (LCP). Alternatives would include not adopting the plan, which would put grant funds at jeopardy and possibly trigger elimination or reduction of transportation services currently offered for elderly and disabled  certifications.  employment, education and other purposes as outlined in the LCP.  otherwise be transportation disadvantaged  individuals.  The following resolution applies:  RESOLUTION No. 2023-3 34 RESOLUTION adopting Statewide 5310 Locally Coordinated Plan  WHEREAS, Catawba County, in coordination with the Western Piedmont Regional Transit Authority (WPRTA) and the North Carolina Department of Transportation (NCDOT), utilizes 5310 Rural and Urban Transportation Grant funding to provide transportation for elderly and disabled individuals for to and from meal sites and for medical, employment, education and other purposes as outlined in the LCP; and WHEREAS, NCDOT developed a Statewide 5310 Locally Coordinated Plan to identify the transportation needs of individuals with disabilities, older adults, and those with lower incomes, to identify and prioritize strategies for meeting those needs, manage resources efficiently and effectively, and promote transportation NOW, THEREFORE BE IT RESOLVED by the Catawba County Board of Commissioners that: 1. The attached Statewide 5310 Locally Coordinated Plan is hereby adopted.  equity among those who may otherwise be transportation disadvantaged.  2. The County Manager is hereby authorized to execute any necessary documents or certifications, and to implement any procedures necessary to assist in thei implementation of the same.  Adopted the 16th day of October, 2023.  I. The Tax Administrator recommended the Board of Commissioners approve 73 releases totaling $131,308.58, two refunds totaling $179.48, and 60 Motor Vehicles Bill adjustments I refunds totaling North Carolina General Statute 105-381(b) states upon receipt of a taxpayer's written request for release or refund, the taxing unit's governing body has 90 days to determine whether the taxpayer's request is valid and to either approve the release or refund of the incorrect portion or to notify the taxpayer in writing that no  $5,229.33 requested during the month of September.  release or refund willl be made.  622    October 16, 2023, MB#56  During the month of September, Tax Office staff has checked records and verified the legitimacy of 73 release requests totaling $131,308.58, two refunds totaling $179.48 and 60 Motor Vehicle Bill adjustments/ Common reasons for release of tax bill amounts include change in values and months, change in situs, businesses closing / being sold, clerical errors, listing errors and material changes in property structures. The refunds were due to personal property being sold prior to the assessment date of. January 1. The motor vehicle bill adjustments are largely due to pro-ration of tax bill amounts to account for mid-year transfers of The consent agenda items came in thet form of a motion by Chair Isenhower, which carried unanimously.  refunds totaling $5,229.33.  ownership, change in values and change in situs.  11. Other Items of Business. None. 12. Manager's Report. a. Budget Transfers: completed:  Pursuant to Board authority granted to the County Manager, the following budget transfers have been  Special Contingency Transfers: Animal Shelter Donation Transfer From: 110-190100-691500 110-190100-994200 To: 110-260350-681950 110-260350-831090 items for the animals. Farm City Event Transfer From: 110-190100-691500 110-190100-994200 To: 110-310050-681947 110-310050-831947 b. Elections.  Special Contingency Special Contingency Donations - Animal Shelter Other Misc. Operating Supplies  $2,500 $2,500 $2,500 $2,500  Transfer from special contingency to recognize a citizen donation for the Animal Shelter to fund enrichment  Special Contingency Special Contingency Farm City Revenue Farm City Expense  $7,000 $7,000 $7,000 $7,000  Transfer from special contingency to recognize donations and event sales for the Farm City Event. As the first step in the statutory process to replace voting equipment, the Board of Elections has provided  the following resolution to the Board fori informational purposes only:  623    October 16, 2023, MB#56 County of Catawba State of North Carolina  Whereas, Whereas, protection; Whereas, Whereas, Whereas, Whereas, Whereas,  the Catawba County Board of Elections has the authority and duty to recommend a voting the NC State Board of Elections voted unanimously in July 2023 to approve the ES&SEVS  system of a type, make, and model approved certified by the NC State Board of Elections for use in some or all voting places in the county at some or all elections in accordance with G.S. 163-165.7; 6.3.0.0 voting system. The new operating system utilizes Microsoft Windows 10. This equipment expands the voting equipment processing capabilities, strengthens security, and improves encryption and data System, which is no longer supported by Microsoft, exposing the system to possible security breaches;  the voting equipment currently in use by Catawba County runs on the Windows 7 Operating ES&S is offering Catawba County a rebate of $33,750 for its current equipment, and the the Catawba County Board of Elections has witnessed a demonstration of the recommend the NC State Board of Elections has a Statewide Term Contract with certified vendors; the Catawba County Board of Elections hereby make a preliminary recommendation to the  Board feels that this may not be available in the future;  voting system plus at least one other certified voting system not currently used in the county. The demonstration took place at Catawba County Board of Elections on October 3, 2023 at a public meeting;  Catawba County Board of Commissioners on acquiring;  Voting Type: Vendor: Estimated Cost:  EVS6.3.0.0. $383,625.00  Elections Systems and Software (ES&S)  Be It Further Resolved that the Board of Elections shall submit this resolution to the Catawba County Board  of Commissioners for its approval. This the 11th day of October, 2023 12. Attorney's Report. None.  Barry R. Cheney, Chairman  13. Adjournment. No further action was taken. Upon a motion by Commissioner Beatty which unanimously  carried, the meeting was adjourned at 7:45 p.m.    Isenhower, Chair Catawba County Board of Commissioners Duslhi  Ce Randy  Dale R. Stiles County Clerk 624