August 21, 2023, MB#56  Regular Session, August 21, 2023, 7:00 p.m. Catawba County Board of Commissioners  Appointments  525 08/21/23  Juvenile Crime Prevention Council-Mark Bumgarner Juvenile Crime Prevention Council-Debra Dunn Juvenile Crime Prevention Council-Eric Page Juvenile Crime Prevention Council-Jennifer Mace Juvenile Crime Prevention Counci-Heather Bain Juvenile Crime Prevention Council-Paul Holden Library Board of Trustees-Pam Cansler Closed Session Economic Development Litigation County Manager Performance Evaluation Economic Development Project Eagle/Commscope  564 08/21/23  525 08/21/23 527 08/21/23 540 08/21/23 527 08/21/23 547 08/21/23 565 08/21/23 544 08/21/23 544 08/21/23 547 08/21/23 558 08/21/23 525 08/21/23 525 08/21/23 526 08/21/23 565 08/21/23  CommScope, Inc. of North Carolina Economic Development Agreement  Finance Legal  GASB 87 and GASB 96 Transfers  CommScope, Inc. of North Carolina Economic Development Agreement WPCOG and Catawba County Grant Management Assistance: Catawba County Urgent Amended Resolution by Catawba County to Direct the Expenditure of Opioid Catawba County Project Budget Ordinance for the 2023 Urgent Repair Grant  Repair Housing Project Agreement  Opioid Ordinance  Settlement Funds (Amended Resolution 2023-25)  (Ordinance 2023-07)  Planning & Parks  2023 NC Housing Finance Agency Urgent Repair Grant Repair Housing Project Agreement  WPCOG and Catawba County Grant Management Assistance: Catawba County Urgent Catawba County Assistance Policy -2023 Cycle oft the Urgent Repair Program  Catawba County Urgent Repair Program (URP 23) Procurement and Disbursement Policy 557 08/21/23  Public Comment Michael McRee Monument Public Hearings Project Eagle/CommScope Resolutions  Resolution Authorizing Economic Development Incentives for CommScope, Inc. Amended Resolution by Catawba County to Direct the Expenditure of Opioid  Of North America (Resolution 2023-26) Settlement Funds (Amended Resolution 2023-25)  524    August 21, 2023, MB#56  Sheriff Tax  2023 Justice Association Grant (JAG) Application July Tax Refunds, Releases and Adjustments Utilities and Engineering Solid' Waste Equipment Appropriation  540 08/21/23 564 08/21/23 542 08/21/23  The Catawba County Board of Commissioners met in Regular Session on Monday, August 21, 2023, at 7:00 p.m., in the Board of Commissioners Meeting Room, 2nd Floor, Catawba County Justice Center, 100 Present were Chair Randy Isenhower, Vice-Chair Austin Allran, and Commissioners Robert C. Abernethy, Jr., 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 Josh Teague, and County Clerk 1. Chair Randy senhower called the meeting to order at 7:00 p.m., noting a quorum was present.  Government Drive, Newton, North Carolina. Barbara G. Beatty, and Cole Setzer.  Dale Stiles.  2. Chair Austin Allran led the Pledge of Allegiance. 3. Commissioner Barbara Beatty offered the invocation.  4. Commissioner Robert Abernethy, Jr., made a motion to approve the Minutes from the Board's Regular  Meeting of August 7th, 2023. The motion carried unanimously. Chair Isenhower welcomed everyone present.  5. Recognition of Special Guests: 6. Public Comments. removed. 7. Appointments.  Michael McRee came forward requesting the monument on the grounds of the 1924 Courthouse not be Upon a recommendation by Commissioner Abernethy that came in the form of a motion which unanimously carried, the Board reappointed Mark Bumgarner for a 2nd term, Debra Dunn for a 2nd term, Eric Page for a 4th term, and Jennifer Mace for an gth term to the Juvenile Crime Prevention Counci, with term expirations of June 30, 2025; appointed Heather Bain for a 1st term to the Juvenile Crime Prevention Council, with a term expiration of June 30, 2025; and appointed Paul Holden for a first term, to fulfill the unexpired term of Katie Varnadoe, to the Juvenile Crime Prevention Council, with ai term expiration of. June 30, 2024. Upon a recommendation by Commissioner Beatty that came in the form of a motion which unanimously carried, the Board reappointed Pam Cansler for a 4th term to the Library Board of Trustees, with a term Catawba County Economic Development Corporation Director Nathan Huret requested the Board of Commissioners conduct a public hearing to approve the Economic Development Agreement between the County and CommScope, Inc. of North Carolina, and the related resolution, and authorize the Chair to CommScope is a global leader in the design, manufacturing and support of the world's most advanced communications networks. The Company has long-standing ties to Catawba County, employing over 1,600  expiration of June 30, 2027. 8. Public Hearings.  execute this document.  people locally between two production facilities and its Hickory-based headquarters.  525    August 21, 2023, MB#56  In order to meet expected industry growth and the additional infrastructure investment projected through a number of federal/state broadband programs, the demand for fiber optic cable and connectivity is expected to double over the next four to six years. CommScope has already doubled fiber capacity the past two years (added 15 million fiber kilometers), but the continued doubling of demand warrants a search for a US location to expand fiber production to meet this expected surge. In addition to existing facilities in Catawba CommScope has committed to capital additions of $60.3 million combined into their Catawba and Claremont manufacturing facilities. The increased production capacity would increase headcount by 250 new jobs by the end of 2027. These news jobs would pay an average of $57,332, or nearly 110% of the County's The proposed incentive is a property tax grant of 90%, 80%, 70%, 67%, 67%, 67% of the net realized personal and real property taxes received for a total of six years (maximum $1,436,540). This investment will net a positive payback to the county immediately, similar to paybacks used to determine grant Like all incentives provided by the County, these incentives will be based on an economic development agreement which requires CommScope, Inc. of North America to meet minimum thresholds of investment ($60,300,000 by the end of 2027) and job creation and maintenance (250 new jobs by end of 2027). Clawbacks are included in the agreement, requiring incentive repayment should the investment and job. After Mr. Huret's presentation, there were no questions. Chair Isenhower opened the public hearing. No one came forward and Chair Isenhower closed the public hearing. Commissioner Cole Setzer made a motion to approve the resolution and Economic Development Agreement between the County and CommScope, Inc. of North Carolina, and the related resolution, and authorize the Chair to execute this document. The motion  County, CommScope is also considering locations in South Carolina, Texas and Mexico  average wage.  involvement in other county projects.  creation amounts not be met or sustained.  carried unanimously. The following resolution applies:  Resolution No. 2023-26  Resolution Authorizing Economic Development Incentives for CommScope, Inc. of North. America WHEREAS, CommScope, Inc. of North America (herein referred to as "the Company") requested incentives to cause a minimum investment of $60,300,000 in the Company's Catawba and Claremont facilities by December 31, 2027, and the creation and maintenance of a minimum of 250 new jobs by December 31, 2027, with a requirement to not hire anyone without a minimum of a high school diploma for anyone 25 years of age or below, and the total average wage of the jobs will equal or exceed $57,3321 for each year the NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Catawba County, North The Board of Commissioners approves a performance based grant, based on the minimum investment of $60,300,000: and creation and maintenance of 250 new jobs by December 31, 2027, with a maximum annual payment of $264,040 (cumulative maximum incentive of $1,436,540). This grant will be used to reimburse the Company's expenditures as eligible under North Carolina General Statute 158-7.1. The Board of Commissioners also directs the County to execute a contract and any necessary resolutions or addenda between the Company and the County under these terms and conditions and authorizes the Chair to  County pays the Company an Economic Development Incentive Grant.  Carolina, as follows:  execute these documents. Adopted the 21st day of August, 2023. The following agreement applies:  526    August 21, 2023, MB#56  STATE OF NORTH CAROLINA COUNTY OF CATAWBA  CATAWBA COUNTY, AND COMMSCOPE, INC. OF NORTH CAROLINA ECONOMIC DEVELOPMENT AGREEMENT  This JOINTE ECONOMIC DEVELOPMENT AGREEMENT (this "Agreement') is made and North Carolina body politic, having a mailing address of Post Office Box 389, Newton, NC, 28658, and commscope, Inc. of North Carolina ("Company" or "CommScope"), a North Carolina corporation qualified to do business in the State of North Carolina, having a mailing  entered into this day of  2023, by and between Catawba County (the "County"),a  address of 1100 CommScope Place SE, Hickory, NC 28602.  WITNESSETH:  WHEREAS, North Carolina General Statute (NCGS) $158-7.1(a) authorizes County to make appropriations for the purpose of aiding and encouraging the location of business enterprises and industrial and commercial plants in or near its boundaries, and CommScope is engaged in manufacturing fiber optic cable for the telecommunications industry within the WHEREAS, CommScope intends to construct, up-fit and/or equip existing manufacturing facilities ('Improvements") at 6519 CommScope Road, Catawba, NC, 28609 (Parcel ID # 369902586606,6555 CommScope Road, Catawba, NC 28609 (Parcel ID # 369902674592 and #369902668863), and 3642 East US Highway 70, Claremont, NC 28610 (Parcel ID # 376215633818) (the Property"), ata cost of not less than Sixty Million Three Hundred' Thousand Dollars ($60,300,000) and intends to create a minimum oft two hundred fifty (250) new) jobs at the facilities and retain sixteen hundred (1600) permanent jobs currently at all Catawba County facilities, with the improvements to be made and new jobs to be created between July 1, 2023 WHEREAS, CommScope expects to be a community-oriented company; intends to participate in philanthropy, community events and programs intendedi to increase the health and happiness of their employees and the greater community: as a whole; and to consider participation int the Catawba EDC's corporate Committee of 100 501(c)(3) non-profit sponsorship; and WHEREAS, CommScope is encouraged, to the reasonable extent possible, to purchase local services and supplies, such as, but not limited to, locally produced products, local hotel, motel and hospitality services, local building and construction services, and other products and WHEREAS, the Board of Commissioners of Catawba County has determined that the appropriations to be created pursuant to this Agreement increase the taxable property, and employment, industrial output and business prospects of Catawba County; and WHEREAS, the Board of Commissioners of Catawba County has approved this Agreement after having conducted a public hearing in compliance with NCGS $158-7.1 and finding that the appropriations to be created pursuant to this Agreement will stimulate the local  meaning of NCGS9158-7.l;and  and December 31, 2027 (the "Improvement Period");and  services; and  JointE Economic Development. Agreement Between Catawba County and CommScope, Inc. of North Carolina  August, 2023 Page1of13 527    August 21, 2023, MB#56  economy, promote business, and result in the creation of a substantial number of jobs in the county that pay at or above the overall average annual wage in Catawba County. NOW, THEREFORE, in consideration of the promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowiedged, the  parties hereto agree asi follows:  SECTONI-COMISCOPE  1. On or before September 30, 2023, the Company shall deliver to County a certificate confirming that CommScope owns or has the right to acquire the Property and the installation of the Improvements byt the Company will result in the creation, maintenance and availability of a minimum of two hundred fifty (250) new jobs to the Facility in the County on or before December 31, 2027, and the overall average annual wage for these 250 new jobs at the Facility will equal or exceed $57,332 for each year the County pays the Company an Economic Development Incentive Grant provided for herein. The Company affirms its understanding of, and agrees to comply with, the Calendar of Responsibilties as outlined in Exhibit A, attached hereto and incorporated herein by reference. Such certificate shall be substantially in the form of the certificate attached to this Agreement as Exhibit A. It is understood and agreed the 250 new jobs referred to above means additional newj jobs over and above the 1600€ existing jobs at CommScope's Property and all other Catawba County facilities as of. January 1, 2023. 2. In order to induce County to enter into this Agreement and to appropriate and expend monies for payment of Economic Development Incentive Grants, the Company represents a. The Companyi is qualified to do business int the State of North Carolina, has a place of business within the State of North Carolina, is registered with the North Carolina Secretary of State, and is in good standing and authorized to do business in the b. The Company has the corporate power and authority to own or lease its properties and assets and to carry on its business as now being conducted and has the corporate power and authority to execute and perform this Agreement; C. The undersigned representative of the Company has the right, authority and duty to execute this Agreement in the name and on behalf of the Company; d. This Agreement () is the valid and binding instrument and agreement of the Company, enforceable against the Company in accordance with its terms; (i) does not violate any order of any court or other agency of government binding on the Company, the charter documents or operating agreement of the Company or any provision of any indenture, agreement or other instrument to which the Company isap party; and (i) does not conflictv with, resulti ina al breach of, or constitute an event of default, or an event which, with notice or lapse of time, or both, would constitute an event of default, under any indenture, agreement or other instrument to which  and warrants that, as of the execution date hereof:  State of North Carolina;  the Company is a party;  Joint Economic Development Agreement Between Catawba County and CommScope, Inc. of North Carolina  August, 2023 Page2of13 528    August 21, 2023, MB#56  e. There is no suit, claim, action or litigation pending, or to the knowledge of the Company threatened, relating to the Improvements, the use of the Improvements fort their intended purpose, or any other matter contained herein; and f. The Company is not engaged in a business that would be exempt from property 3. CommScope shall make investments in the Property and Improvements during the Improvement Period. Cumulative expenditures will meet or exceed Sixty Million Three Hundred Thousand Dollars ($60,300,000) by December: 31, 2027, all of which will qualify and result in additional value for ad valoremi tax purposes as determined by the Catawba County Tax Office, and CommScope further agrees to maintain inj place, in good condition (ordinary wear and tear excepted), said Improvements for three (3) years after the final 4. In addition to the 1600 existing jobs on January 31, 2023, CommScope shall create a minimum of 250 new jobs att the Property in Catawba County by December 31, 2027 and maintain or make available these jobs in place from December 31, 2027 until at leastt three (3) years after the final incentive payment (the "Jobs Maintenance Period"). A. job is defined as employment that provides 1600! hours or more of worki in any 12-month period. 5. CommScope must maintain its principal executive offices operating the Property, also known as its headquarters or principal office, in Catawba County, North Carolina, during  taxes.  incentive payment ('Investment Maintenance Period").  the Investment Maintenance Period.  SECTION II-COUNTY  6. In order to induce the Company to enter into this Agreement and to appropriate and expend monies for payment of Economic Development Incentive Grants, County represents and warrants, to the best of County's knowledge, as of the execution date a. Countyi is al North Carolina body politic corporate in nature and existing under North b. County has the power and authority to carry on its business as now being conducted and has the power and authority to execute and perform this C. The undersigned authorized representative of County has the right, authority and dutyt to execute this Agreement ini the name and on behalf of County; d. This Agreement () is the valid and binding instrument and agreement of County, enforceable against County in accordance with its terms; (ii) does not violate any order of any court or other agency of government binding on County, the charter documents of County or any provision of any indenture, agreement or other instrument to which County is a party; and (ii) does not conflict with, result in a breach of, or constitute an event of default, ora an event which, with notice orl lapse of time, or both, would constitute an event of default, under any indenture, agreement or other instrument to which County is a party; and JointE Economic Development. Agreement Between Catawba County and CommScope, Inc. of North Carolina  hereof:  Carolina law; Agreement;  August, 2023 Page 3of13 529    August 21, 2023, MB#56  e. There is no suit, claim, action or litigation pending, or to the knowledge of County threatened, relating to the Improvements, the use of the mprovements for their 7. Payment ofe economic development incentives to Companyf for Realand Personal Property Investments and for Job Creation in accordance with this Agreement shall be made as a. The County agrees to provide annual payments equal to a corresponding percentage (see chart in 7.b. below) of the ad valorem taxes associated with the additional assessed value of real and personal property made or caused to be made byt the Company (exclusive of rolling stock) in excess of the assessed value of the Property as of January 1, 2023 ('Base Value"), which is $156,548,077, as paid to the County for a six (6) year period (GY1 through GY6), commencing with the taxes assessed on January 1,2025, and. January 1 of the succeeding five (5) years for Improvements made or caused to be made by the Company at the Properties, as applicable, pursuant to Paragraphs 3 and 4 with maximum b. In no event will the cumulative Annual Incentive Payments by County exceed One Million Four Hundred Thirty Six Thousand Five Hundred Forty One Dollars ($1,436,541) for the term of the Agreement as provided in the chart below.  intended purpose, ora any other matter contained herein.  follows:  payments shown ini the chart below.  Estimated Payment Period GY1 (2026) GY2 (2027) GY3 (2028) GY4 (2029) GY5 (2030) GY6 (2031) Total  Grant Percentage Maximum Payment By  County by Year $232,875 $264,040 $242,708 $232,306 $232,306 $232,306 $1,436,541  90% 80% 70% 67% 67% 67%  C. Said amounts shall be payable annually, subject to the Company being in compliance with all requirements of the Agreement, beginning in 2026 (GY1) and d. Upon payment of ad valorem taxes by the Company to the County for each grant year 2026 through 2031 and certification of Improvements and Job Creation submitted byt the Company to the County by March 5th beginning in calendar year 2025i ini thet form or substantially int thet form of Exhibit B, attached: and incorporated herein by reference, the County will, within ninety (90) days, payt to the Company an amount calculated by multiplying the corresponding grant percentages outlined ins section 7.b. times the total ad valorem tax revenue received by the County attributable to the value of the Improvements made by the Company pursuant to this Agreement in excess of Base Value of the Property, which the parties agree is One Hundred Fifty Six Million Five Hundred Forty Eight Thousand Seventy Joint Economic Development, Agreement Between Catawba County and CommScope, Inc. of North Carolina  payable through 2031 (GY6).  August, 2023 Page4c of13 530    August 21, 2023, MB#56  Seven Dollars ($156,548,077). The Base Value will be deducted from the total assessed value of building and land in the determination of the value of net new improvements made by the Company in the calculation of economic development e. This same process will be followed by County and Company in each of the following years, 2027 through 2031. Regardless of the amount calculatedi for each year, the maximum annual payment will be capped at the maximum payment by f. Company shall furnish to County on or before March 5th of each calendar year, following and corresponding to the previous July 1st when taxes are billed, the certification required by Paragraph 7.d. and proof of payment of all applicable taxes. If requested, Company shall provide County, at County's expense, independent certification as to such expenditures and number of existing, jobs.  incentives.  County for each year as set forthi in section 7.b.  SECTION III - OTHER  8. Force Majeure. Notwithstanding the provisions of Paragraph 9, in the event Company is unable to meet the requirements of this Agreement as a result of () an event of force majeure, including but not limited to fires, explosions, acts of God, acts of public enemy, insurrections, riots, terrorism, (including cyber terrorism) embargoes, labor disputes, including strikes, lockouts and job actions, or boycotts; pandemic, epidemic, or other public health emergency; (i) thei inability to obtain the governmental permits or approvals (including zoning) necessary for the acquisition of the Property, construction of the Improvements, or undertaking and operating the mprovements aftera a good faith effortt to obtain same has been made; (ii) shortages of materials or energy; (v) changes in laws; or (v) other causes beyond the control of and arising without the fault or negligence of Company; then, in such event, the Improvement Period shall be extended for a period equal to the delay caused by any of the foregoing events so long as Company shall (a) have furnished County on a timely basis, upon the occurrence of such event, a notice thereof, and (b) take all commercially reasonable steps neçessary to relieve the effect of such event andt to resume completion of the Improvements. Inaccord with thet foregoing, should the Company be unable to meet the requirements as described above as a result of at force majeure, the obligation of the County to pay as provided in Section II above, shall bes suspended untils such time as the Company is relieved fromt the effect of an event 9. Its shall be an "Event of Default" by Company if any one or more of the following events shall occur for any reason whatsoever (and whether such occurrence shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance witha anyj judgment, decree or order ofa any court ora any order, rule or regulation a. IF Company, except in the event of force majeure, commits a breach of an obligation, including without limitation, to () make the Investment during the Improvement Period and maintain the Improvements during the Investment Maintenance Period; (i) create and maintain a minimum of Two Hundred Twenty Five (225) newj jobs at the Property and that the overall average annual wage for the createdj jobs will equal or exceed $57,332, whichi is ninety percent (90%) oft the Joint Economic Development Agreement Between Catawba County and CommScope, Inc. of North Carolina  off force majeure and resumes completion oft the Improvements.  of any administrative or governmental body):  August, 2023 Page5of13 531    August 21, 2023, MB#56  proposed two hundred fifty (250) new jobs at the Property during the Jobs Maintenance Period; and/or (i) maintain its principal executive offices operating the Property, also known as its headquarters or principal office, in Catawba County, North Carolina, during the Investment Maintenance Period and such breach continues for a period of sixty (60) or more days following receipt by the b. IfCompany shall failt to qualify and/or maintain the requirements for eligibility and participation in agreements for State of North Carolina incentives, Job Development Investment Grants, or other North Carolina grants/incentives applied C. Ifduring the Jobs Maintenance Period, the Company fails to timely file Exhibit B on or before March 5th of eachy year, following and corresponding to the previous July 1st whent taxes are billed and any qualifying incentive that would be due to the Company, such failure shall be deemed a breach of the Agreement and notwithstanding Paragraph 10 below, the sole remedy of the County will be the County will not owe the Company Economic Development Incentive Grants that may have otherwise been due had those filings properly been made when due; d. Ifduring the Investment Maintenance Period, the Company fails to maintain its principal executive offices operating the Property, also known as its headquarters e. Ifa any material representation, warranty or other statement off fact contained int this Agreement or in any final writing, certificate, report or statement furnished by Company to County in connection with the transaction described in this Agreement, shall, to Company's knowledge, to be false or misleading in any f. If Company shall be unable to payi its debts generally as they become due; files a petition to take advantage of anyi insolvency statute; makes an assignment for the benefit of creditors; commences a proceeding for the appointment of a receiver, trustee, liquidator or conservator of themselves or of the whole or any substantial part of their property; files a petition or answer seeking reorganization or arrangement of similar relief under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any state; g. Ifa Court of competent jurisdiction shall enter an order, judgment, or decree appointing a custodian, receiver, trustee, liquidator, or conservator of Company or of the whole or any substantial part of their properties, or approves a petition filed against Company seeking reorganization or arrangement ofs similar relief undert the federal bankruptcy laws or any other applicable law or statute; or if, under the provisions of any other law for the relief or aid of debtors, a court of competent jurisdiction shall assume custody or control of Company or of the whole or any h. IfCompany shall allow the taxable assets, employment and average wage amounts to fall below the minimum values agreed upon in this Agreement fort the  Company of written notice fromt the County;  for and awarded;  orp principal office, in Catawba County, North Carolina.  material respect at the time given;  substantial part of their properties; or  Property.  Joint Economic Development. Agreement Between Catawba County and CommScope, Inc. of North Carolina  August, 2023 Page 6 of1 13 532    August 21, 2023, MB#56  10. County Remedy: Ifc Company fails to cure an Event of Default for whichi it receives written notice, buty whichwritten notice will not be given tot the Company by the County for at failure to timely file Exhibit B, from County due to its failure to satisfy the Improvement requirement or Jobs Creation requirement, the obligation of County as set out herein shall terminate, and Company shall immediately refund to County all Annual Incentive Payments paid to Company prior to the date oft the Event of Default, plus interest at the rate of prime plus one percent (1%). The date the prime interest rate shall be determined shall be the date that Company receives the notice oft the Event of Default and prime will be the prime rate as published in the Wall Street. Journal (W/SJ). Company shall, as it relates to an Event of Default, have sixty (60) days after receipt of the notice required 11. Company Remedy: If County fails to cure an Event of Defaultf for which itr receives written notice from Company, the obligations of Company as set out herein shall terminate; however, the obligations of the County shall remain in full force and effect, including, the obligation to pay the Annual Incentive Payment to the extent required by Company's continued performance of its obligations as seti forth herein. County shall, as itr relates to an Event of Default, have sixty (60) days afterreceipt oft the notice required above, to cure 12. Company and County acknowledge any monies appropriated and expended by County for economic development incentives, as provided int this Agreement, are for a bona fide public purpose and are expended in good faith reliance on NCGS $158-7.1. Int the event a Court of competent jurisdiction rules, in a final non-appealable order, to which either Company or County is a party, that all monies expended by County pursuant to this Agreement were not offered and accepted in good faith and in compliance with NCGS $158-7.1 and, further, that such monies must be repaid, Company will make such repayment to County. In the event one or more lawsuits are brought against County or any County elected official, officer, agent or employee, or Company, challenging the legality of this Agreement, then County and Company shall exercise their best efforts to defend against any and all such lawsuits, at their own cost and expense. In any event, if Companyi is required to repay funds to County pursuant to this Paragraph 12, the benefit of this Agreement to Company willl have been lost and all further obligations of Company 13. The Company shall at all times observe and comply with all federal, state and local laws, regulations, codes, rules, ordinances and any other requirements. The Company further agrees it will not discriminate by reason by age, race, religion, color, sex, national origin 14. All notices, certificates or other communications required or permitted to be given or served hereunder shall be deemed given or served in accordance with the provisions of this Agreement ift the notice is ()r mailedi ina a sealed wrapper and is deposited in the United States mail, certified mail, return receipt requested, postage prepaid, or () deposited with a national overnight courier service that retains receipts for its deliveries, properly  above, to cure the Event of Default.  the Event of Default.  hereunder shallt terminate.  or disability.  addressed as follows:  Joint Economic Development. Agreement Between Catawba County and CommScope, Inc. of North Carolina  August, 2023 Page7of13 533    August 21, 2023, MB#56  County of Catawba:  Catawba County Attn: Mary Furtado, County Manager PO Box 389 Newton, NC, 28658 County Attorney Attn: Jodi Stewart, County Attorney PO Box: 389 Newton, NC, 28658 Massimo Disabato VP, Strategy and Mark Development 3642 East US Highway 70 Claremont, NC28610 Email: Massimo.disabato@commscope.com Attn: General Counsel Email: sandsemTRAn  Copy to:  CommScope:  Copy to:  County or Company may, by notice given to the other, designate any further or different addresses to which notices, certificates, requests or other communications shall be sent. 15. This Agreement shall inure to the benefit of, and is binding upon, County and Company and their respective successors and assigns. However, neither this Agreement, nor any rights, privileges, nor claims created by this Agreement may be transferred by Company without the prior, written approval of County, which approval will not be unreasonably 16. Except as otherwise provided in this Agreement, this Agreement may not be amended, changed, modified or altered except by written agreement of the parties. 17. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, such holding shall noti invalidate or render unenforceable any other 18. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and it shall not be necessary in making proof of this Agreement to produce or account for more than one such fully- 19. Controlling Law and Venue. This Agreement is governed by and shall be construed in accordance with the laws of the State of North Carolina; venue of any action shall be in the general courts of justice in Catawba County, or if in Federal court in the Western 20. The term of this Agreement shall commence on the date of exeçution and expire upon payment by County of all payments due to Company and Company fulfilling all of its requirements including real and personal property investments and maintenance and the creation and maintenance ofj jobs, unless earlier terminated as provided herein.  withheld.  provisions of this Agreement.  executed counterpart.  District of North Carolina.  Joint Economic Development Agreement Between Catawba County and CommScope, Inc. of North Carolina  August, 2023 Page 8of13 534    August 21, 2023, MB#56  21. Both Company and County acknowledge and stipulate that this Agreement is the product of mutual negotiation and bargaining and that it has been drafted by Counsel for both Companya and County. As such, the doctrine of construction: against the drafter shall have  no application to this Agreement.  SIGNATURE PAGES FOLLOW]  Joint Economic Development Agreement Between Catawba County and CommScope, Inc. of North Carolina  August, 2023 Page9of13 535    August 21, 2023, MB#56  IN WITNESS WHEREOF the parties hereto have sett their hands and seals as of the day  and year first above written.  County of Catawba, Al North Carolina Body Politic  Attest: (SEAL)  By:.  (Seal)  C.F Randall Isenhower, Chair Catawba County Board of Commissioners  Clerk  STATE OF NORTH CAROLINA COUNTY OF CATAWBA  a Notary Public of said county and state, certify that  Dale R. Stiles personally came before me this day and acknowledged that shei is County Clerk to the Catawba County Board of Commissioners, a body politic corporate in nature, and that by authority duly given and as the act of the body politic the foregoing instrument was signed in its name byi its Chair, sealed withi its body politic seal, and attested by herself as County Clerk.  Witness my hand and seal this  day of  2023.  [Seal)  Notary Public  My commission expires:  This document has been pre-audited in the manner required by the Local Government Budget  and Fiscal Control. Act.  Finance Director  Approved as to form on behalf of County of Catawba only:  Jodi Stewart, County Attorney  Joint Economic Development. Agreement Between Catawba County and CommScope, Inc. of North Carolina  August, 2023 Page 10of13 536    August 21, 2023, MB#56  CommScope, Inc. of North Carolina By: Massimo Disabato VP, Strategy and Market Development  STATE OF. COUNTY OF. I,.  a Notary Public of said County and State, do certify that Massimo  Disabato, VP, Strategy and Market Development, personally appeared before me this day and acknowledged on behalf of CommScope, Inc. of North Carolina the voluntary due execution of  the foregoing document, all for the purposes therein expressed.  Witness my hand and seal this (Seal)  day of  2023.  Notary Public  My commission expires:  Joint Economic Development, Agreement Between Catawba County and CommScope, Inc. of North Carolina  August, 2023 Page 11of13  537    August 21, 2023, MB#56  EXHIBITA  Joint Economic Development. Agreement  Between Catawba County and CommScope, Inc. of North Carolina  CERTIFICATE TO:  Catawba County  This Certificate is delivered pursuant to Paragraph 1 of the Joint Economic Development CommScope, Inc. of North Carolina ("CommScope"). Any capitalized term not otherwise defined  Agreement (the "Agreement"), dated  202_, between Catawba County ("County)and  herein shall have the meaning assigned to suchi termi int the Agreement.  , CommScope, that:  do hereby certify, for and on behalf of  (a) Commscope owns the real property necessary for the Improvements; and (b) CommScope will create, maintain and make available a minimum of 250 net new jobs (in addition to the existing 1600 jobs as of January 1, 2023) at the Property prior to December 31, 2027 andi the overall average wage for the jobs wille equal or exceed $57,332 annually for each year that County pays CommScope the (c) CommScope agrees to comply with the Calendar of Responsibilities listed below. By January 5: CommScope makes payment to County according to Tax Listing filed by January By March! 5: CommScope must provide Exhibit B, supporting documents and proof of payment By April 15: CommScope must provide Real/Personal Property Tax listings to County Tax By April 22: County Tax Office to provide Tax Listing on Specified Accounts.*  economic development incentive provided for herein; and  Calendar of Responsibilities:  31stoft the previous year unless extension is requested and approvedi for April 15th.  Any extension request must bei filed by January 31s. and/or compliance as required within Agreement.  Office.  *Note: This isr not ac company responsibility.  Dated at Catawba County, North Carolina, this  day of  2023.  Commscope, Inc. of North Carolina  By: Name: Title:  Joint Economic! Development. Agreement Between Catawba County and CommScope, Inc. of! North Carolina  August, 2023 Page12of13  538    August 21, 2023, MB#56  EXHIBITB CERTIFICATE  Joint Economic Development Agreement  Between City of Claremont and CommScope, Inc. of North Carolina  TO:  Catawba County  This Certificate is delivered pursuant to Paragraph 7 and Paragraph 9 of the Joint Economic ("County") and CommScope, Inc. of North Carolina ("CommScope"). Any capitalized term not otherwise defined herein shall have the meaning assigned to sucht termi in the Agreement. (a) The following improvements were made during the 20 Calendar (b) The following jobs were created during the 20_ Calendar Year: (c) The average wage of all of those employed at the Catawba facility during the 20_ Calendar Year is as follows: (Wage Forms Total Payroll divided by number of  Development Agreement ('the "Agreement") dated CommScope does hereby certify that:  202_, between Catawba County  Year:  (attach most recent quarterly 3td party payroll report, Form  NCUI 101 or other payroll documentation to verify);  employees). the 20_ Calendar Year.  (d) Total cumulative personal property valuation installed at the. (e) Proof of taxes paid is attached to this certificate. Dated at Catawba County, North Carolina, this  facility during and 20_  day of  CommScope, Inc. of North Carolina  By: Name: Title:  Attachments (required): Calendar of Responsibilities:  Current' Year Catawba County personal and real property Tax Listing information as reported to Catawba County Tax Office, Most reçent quarterly Form NCUI 101, Proof of taxes paid ini full. By, January 5: CommScope makes payment to County of ad valorem taxes according to Tax Byl March5 5: CommScope must provide this Exhibit B, supporting documents and proof of By April 15: CommScope must provide Real/Personal Property Tax listings to County Tax By April 22: County Tax Office to provide Tax Listing on Specified Accounts.*  Listing filed! by. January 31st oft the previous year unless extension isi requested and approved for April 15th. Any extension request must be filed by January 31St. payment and/or compliance as required within Agreement.  Office.  *Note: This is not a company responsibility.  Joint Economic Development, Agreement Between Catawba County and Comms Scope, Inc. of North Carolina  August, 2023 Page 13of13  539    August 21, 2023, MB#56  9. Consent Agenda.  County Manager Mary Furtado presented the following five items under the consent agenda. Chair Isenhower asked if any commissioner wished for an item to be broken out of the consent agenda for a. The Finance and Personnel Committee recommended the Board of Commissioners approve submittal of Justice Assistance Grant funding allocations are based on population and violent crime statistics. Catawba County's 2023 JAG eligible award is $13,463, and no local match is required. The Sheriff's Office is requesting these funds to be used to purchase 90 foam Personal Flotation Devices and throw bags for deputies. This equipment will be used during water hazards and rescues. Catawba County has 110 miles of  individual consideration. None was requested.  agrant application for the 2023 Edward Byrne Memorial Justice. Assistance Grant.  shoreline and other multiple bodies ofv water throughout the county. SUPPLEMENTAL APPROPRIATION UPON. AWARD  Revenue: 110-210050-620320 Justice Assistance Grant Appropriation: 110-210050-831090 Other Misc. Operating Supplies  $13,463 $13,463  b. The Finance and Personnel Subcommittee recommended the Board of Commissioners approve appropriations to recognize: Subscription-Based Information Technology Agreements meeting GASB 96 criteria as debt obligations; Lease Agreements meeting GASB 87 criteria as debt obligations; and payments for both Subscription-Based Information Technology Agreements and Lease Agreements from operating The Governmental Accounting Standards Board (GASB) recently issued new accounting standards for the recognition of Leases and Subscription-Based Information Technology Agreements (SBITAS) with non- cancellable periods greater than 12 months. These standards are referred to as GASB 87 and GASB 96, respectively. These standards require the recognition of al long-term debt obligation for agreements meeting the new criteria. In addition, payments made to satisfy the debt obligation must be recognized as debt service payments versus operating expenses. Staff are required to determine an interest rate based on the leased financing. Current software and lease agreements meeting the new standards don't include an explicit or implied interest rate within the agreement. Staff are required to apply an incremental borrowing rate to calculate the portion of the payment to be considered principal and what amount is deemed interest expense. Staff have adopted a threshold of materiality to recognize GASB applicable agreements with a Fori fiscal year 2022-2023, staff have identified four Subscription-Based IT Agreements meeting the new Microsoft Enterprise Agreement to support the County's virtual server environment. Total Debt Software to upgrade the existing Case/Records Management system for the Sheriff's Department. Software to assist the Tax Department with Revaluation and the appeals process. Total Debt Online subscription to access multiple law libraries for County Library patrons. Total Debt Obligation The software agreements have been previously budgeted as part of the annual budget either directly in the department's operating budget or through a Capital Improvement Project for software upgrades. The County must recognize the associated debt obligation for these multi-year agreements to comply with the new standard. In addition, payments made during fiscal year 2022-2023 must be reclassified from operating  expenses to debt service to comply with GASB 96 and GASB 87.  total obligation of $30,000 or greater. standard. These include:  Obligation $310,329.11 Total Debt Obligation $668,108.16 Obligation $98,367.30 $36,240.54  expense to debt service.  540    August 21, 2023, MB#56  During fiscal year 2022-2023, the County exercised its right to extend the existing agreement to lease office space in Hickory for Probation Services. The lease term was extended through April 30, 2025 with an option toe extend the lease for an additional year. Due to this extension, the County must recognize the additional debt obligation of $119,774.27. In addition, the lease of space at the Partnership for Children was extended The County has seven existing leases where the debt obligation has been previously recognized. These include the lease of space at the Conover Fire Station for the Conover EMS Base, lease of space for the Southwest Library, lease of space for human services, and equipment leases for printers and copiers. The payments for these obligations for fiscal year 2022-2023 were initially paid through the operating budget and must be reclassified as debt service payments, including a portion identified as interest expense. Total appropriations to be transferred from operating to debt service equals $343,187.20.  at a slightly increased rate, which increases the debt obligation for this lease by $213.  Budget Revision Supplemental Appropriation (SBITAS) Microsoft Enterprise Agreement 110-410200-690416 110-410200-980102 Sheriff Records Software/SOMA 110-410200-690416 110-410200-980102 Tax Sofware/Spatalist 140-130200-690416 140-130200-980102 Library Software/_eXISNexs 110-810050-690416 170-810050-980102 410-460100-982000-11022 410-4601009951-19940 110-930300-695410 Supplemental Appropriation (Leases) 110-190050-690415 110-190050-980100 110-580302-690415 110-580302-980100 Transfer Appropriation (SBITAs) From: 41040010098200.11022 140-130200-857900 110-810050-832006 To: 170-930300-976102 140-930300-976102 110-930300-976202 Transfer Appropriation (Leases) From:  SBITA Liabilities Issued Capital Outlay-SBITA SBITA Liabilities Issued Capital Outlay-SBITA SBITA Liabilities Issued Capital Outlay-SBITA SBITA Liabilities Issued Capital Outlay-SBITA Transfer to General Fund Transfer from Capital Projects Lease Liabilities Issued Capital Outlay-Leases Lease Liabilities Issued Capital Outlay-Leases Server Desktop. Applications Other Contractual Services Law Books SBITA Principal SBITA Principal SBITA Interest Expense  $310,329.11 $310,329.11 $668,108.16 $668,108.16 $98,367.30 $98,367.30 $36,240.54 $36,240.54 $158,569.42 $158,569.42 $119,774.27 $119,774.27 $213.00 $213.00 $158,569.42 $33,500.00 $12,010.00 $166,304.42 $33,500.00 $4,275.00 $93,000.00 $6,075.12  Server & Desktop. Applications ($158,569.42)  110-260150-866820 Conover EMS Base Lease 110-160050-843550 Rent of Office Equipment  541    August 21, 2023, MB#56  170-580302-843920 Rent of Building 110-810270-843520 Rent of Building 110-190050-843520 Rent of Building  $4,320.00 $46,800.00 $38,500.00 $22,948.92 $1,485.12 $1,296.84 $881.88 $127,879.32 $322,092.83 $21,094.37 Account  110-560100-842520 Repair & Maintenance Office Equip 110-560245-842520 Repair & Maintenance Office Equip 110-560255-842520 Repair & Maintenance Office Equip 110-560520-842520 Repair & Maintenance Office Equip  Multiple AccountsDetails Below 110-930200-976100 Lease Principal 110-930200-976201 Lease Interest Expense Countywide Copier Lease Account Details Fund Dept 110 120050 841030 110 120150 842520 140 130200 842520 110 140050 857900 110 150050 841030 110 160050 842520 110 160050 843550 110 170050 843550 110 170101 857900 110 210050 843540 110 210080 843540 110 210250 843540 110 210350 843540 110 210400 843540 110 220050 843540 110 260050 841030 110 260350 841030 110 280100 841030 110 310050 842520 110 320050 842520 110 410200 842520 Total Countywide Copier Expenses  To:  Account Amount  Fund Dept 110 410250 842520 110 420030 843550 110 430050 842520 110 430100 842520 110 430200 842520 110 440010 831090 110 440103 843540 110 580050 841030 110 580200 841030 110 580250 841030 110 580308 841030 110 580500 841030 110 580550 841030 110 810050 843540 110 810100 843540 110 810150 843540 110 810250 843540 110 810270 843540 110 810280 843540 110 810290 843540  Amount 2,190.12 1,675.44 3,906.84 2,175.60 3,477.36 1,374.36 1,470.12 7,252.68 1,930.44 5,520.48 6,126.12 2,447.16 3,267.12 9,924.48 2,271.12 2,271.12 2,271.12 2,271.12 2,271.12 2,271.12 127,879.32  1,731.84 893.04 2,027.28 294.84 3,144.00 2,187.00 2,434.80 6,399.96 2,970.96 3,930.96 5,692.68 984.00 1,966.44 984.00 8,848.56 6,745.20 1,709.88 2,543.64 2,819.64 1,374.36 1,831.20  C. The Finance and Personnel Subcommittee recommended the Board of Commissioners approve the rebuild of a 2015 Caterpillar 826K Compactor; approve a sole source exemption for the procurement of the Compactor rebuild; and appropriate funding from the Solid Waste Enterprise Fund in the amount of Caterpillar offers a rebuild program for waste compactors. Caterpillar builds their compactors sO components can be rebuilt 2 or 3 times in 10,000 hour cycles. The rebuild program consists of several different options from complete certified rebuild to a certified power train plus rebuild. In the certified power train plus rebuild, the machine is sent to Carolina CAT and rebuilt to current model year standards. Power train warranties are issued for 3 years or 5,000 hours (CAT offers longer warranties, for an addition cost). Life expectancy of the certified power train plus rebuild is approximately 10,000 hours. Cost is usually 55% to 60% of new purchase Currently the landfill has three (3) Caterpillar Model 826K compactors which are used in rotation for maintenance purposes and to always have two (2) compactors in operation. The three compactors are a  $600,740.  price.  542    August 21, 2023, MB#56  2015 model with 10,881 hours, a 2018 model with 7,903 hours, and a 2023 model that was ordered July 3, 2022 and was delivered July 15, 2023. Recently, the 2015 826K compactor experienced a transmission failure that also damaged the final drives and drive shafts. As this machine was taken down for repairs, additional components were found to be in need of repair. The cost for all of these repairs was approaching $300,000 and extensive machine downtime. While meeting with Carolina CAT, a Carolina Tractor Equipment Co., we were introduced to the certified rebuild program as an option that could provide a like new machine with a warranty. Staff asked Carolina CAT to inspect the 2015 model and provide a cost for a  certified power train plus rebuild. This rebuild consists of:  Recondition Engine Recondition Exhaust manifold Recondition Coolant hoses/lines Recondition Emission module Recondition Transmission and Torque Converter Recondition Transmission cooler and pumps Recondition Axle arrangement Recondition Drive Shaft joy sticks.  Recondition Service brakes, pumps, accumulator, controls, and actuator Recondition Fuel supply - lines calves, pumps, and heater.  Recondition Operator cab. Control groups, seat, wiring harness, pedals, condenser, headliners, and  Recondition hydraulic system Recondition radiator and guards Recondition steering system Install Fire suppression system Install guards on final drives, radiator, rear gate, Sandblast machine and paint Recondition hitch center assembly Wielding axle stops and general plate wielding Recondition dozer blade mounts. Recondition wheels.  Recondition machine electrical - battery, breakers, terminals, clamps  A3y year or 5,000-hour warranty at no additional cost. More warranty is available if desired. North Carolina General Statute 143-129 allows an exemption from bidding for purchase contracts when performance or price competition for a product are not available, when a needed product is available from only one source of supply; or when standardization or compatibility is the overriding consideration. This exemption requires governing body approval and a record must be maintained of purchases made under This needed waste compactor rebuild is available only through one source, Caterpillar's Certified Rebuild Program. In addition, Caterpillar equipment rebuilt through this Certified Rebuild Program will have the Caterpillar warranty to protect the investment. This Caterpillar program is designed to provide customers with rebuilt Caterpillar machines that perform like new. Caterpillar's program will fulfill our need for an updated, like new' waste compactor at significant savings when compared to the cost of new. The rebuild will be substantial and will recondition the entire machine. The cost for this rebuild came in at $600,740 and would take approximately 12 weeks to complete. The re-build would be performed at the Hickory Carolina CAT store, keeping the work local to our County. For comparison, a new compactor would cost $1,100,000 and take 10 to 12 months for delivery. This rebuild would cost 54.5% of a new compactor  this exemption.  and save $499,260.  543    August 21, 2023, MB#56  The Solid' Waste Enterprise Fund is fully funded through landfill user fees and does not use any tax dollars. If this machine is not re-built, then a new compactor would need to be purchased at a current cost of  $1,100,000 in FY24/25. Delivery would take 101 to 12 months.  Supplemental Appropriations: Revenue 525-350200-690100 Fund Balance. Applied Expense 525-350200-985000 Capital-Other Equipment  $600,740.00 $600,740.00  d. Staff recommended the Board of Commissioners adopt the Project Budget Ordinance, Assistance and Procurement / Disbursement Policies; and WPCOG Administration Agreement for the 2023 North Carolina Catawba County applied for an Urgent Repair Grant (URP) through the North Carolina Housing Finance. Agency (NCHFA) for $132,000 in January 2023 and received funding in May 2023. This grant will help a minimum of ten (10)! homeowners with emergency repair housing items. These funds can be used for urgent needs such as leaking roofs, non-functional heating units, handicap accessibility, etc. Due to a shortage of contractors, most of The 2023 NCHFA Urgent Repair Grant Assistance Policy and Poauremenupsbusement Policy for Catawba County's Urgent Repair Program policies outline how the URP grant will be administered. This is the 15th URP grant the County has received. WPCOG has an ongoing waiting list of eligible homeowners and works from that  Housing Finance. Agency Urgent Repair Grant of $132,000.  the work willl ber new roofs or HVAC: systems.  list. Supplemental Appropriation: Revenue: 280-420143-630590 Expense: 280-420143-849120 280-420143-849117 The following ordinance applies:  NC Housing Finance Agency Grant  $132,000 $108,000 $24,000  Rehabilitation Administration  ORDINANCE # 2023-07  CATAWBA COUNTY'S PROJECT BUDGET ORDINANCE FOR THE: 2023 URGENT REPAIR GRANT  Bei it ordained by the County Commissioners oft the Catawba County that pursuant to Section 13.2of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby described in the work statement contained in the Funding Agreement URP#2303 between this unit and the North Carolina Housing Finance Agency. This project is more familiarly known as the 2021 Catawba County oft the grant document(s), the rules and regulations of the North Carolina Housing Finance. Agency, and the  adopted. Section 1.  The project authorized is the North Carolina Housing Finance. Agency Urgent Repair Grant  Urgent Repair Program. Section 2. budget contained herein.  The officers of this unit are hereby directed to proceed with the grant project within the terms  544    August 21, 2023, MB#56  Section 3. Revenues  The following revenues are anticipated to be available to complete this project.  North Carolina Housing Finance Agency-URP NCHFA-URP Grants Revenue  $132,000  Section 4. Expenditures  Thei following amounts are appropriated for the project:  North Carolina Housing Finance Agency-URP Rehabiltation-URP WPCOG/Adminsration  $108,000 $24,000 $132,000  Section 5. Section 6. Section 7. Section 8.  The Finance Officer is hereby directed to maintain within the Grant Project Fund sufficient Funds may be advanced from the General Fund for the purpose of making payments as The Finance Officer is directed to report quarterly on the financial status of each project The Budget Officer is directed to include a detailed analysis of past and future costs and  specific detailed accounting records to provide the accounting to the grantor agency required by the grant due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner.  agreement(s) and federal and state regulations.  element in Section 4 and on the total grant revenues received or claimed. revenues on this grant project in every budget submission made to this Board.  545    August 21, 2023, MB#56  Section 9.  Copies of this grant project ordinance shall be made available to the Budget Officer and the  Finance Officer for direction in carrying out this project. Adopted this the 21st day of August,2023. The following agreement applies:  546    August 21, 2023, MB#56  AGREEMENT BETWEEN THE CATAWBA COUNTY  WESTERN PIEDMONT COUNCIL OF GOVERNMENTS AND FOR THE PROVISION OFGRANT MANAGEMENT ASSISTANCE: CATAWBA COUNTY URGENT REPAIR HOUSING PROJECT OCTOBER 1, 2023-FEBRUARY 29, 2025  This AGREEMENT, entered into on this the 21st day of August, 2023 by and between the Western Piedmont Council of Governments (hereinafter referredt to ast the' "Planning Agency")and Catawba County, North Carolina (hereinafter referred to as the "Local Government").  WITNESSETH THAT:  WHEREAS, the Planning Agency is empowered toy provide technical assistance by thel North Carolina General Statutes and by resolution passed by the Planning Agency on May 17, 1972. Technical assistance shall consisto ofthe provision ofs services as describedi in Attachment A, which  is herein made a part of this Contract; and technical assistance to the Local Government; and  WHEREAS, the Local Government has requested the Planning Agency to provide such WHEREAS, the Planning Agency desires to cooperate with the Local Government in every way possible to the end that the proposed activities are carried outi ina an efficient and professional  manner.  NOW, THEREFORE, the parties hereto do mutually agree as follows: necessary trained personnel to the Local Government.  1. Personnel. That during the period oft this Contract, the Planning Agency will furnish the 2. Travel/Printing. The Local Government will pay for expenses related to conferences, conventions, seminars, local travel, etc. of the personnel when the Local Government requests or approves travel related tot the Local Government's planning program, orifitis beneficial to both parties, the costs will be shared on an agreed-upon ratio. The Local Government will also pay for expenses related to printing of report(s), mailings to advisory boards, and other costs not related to normal travel and staffing costs 3. Compensation. The Local Government will pay the Planning Agency an amount not to exceed $24,000 (Twenty Four Thousand Dollars), or up to $2,400 (Two Thousand Four Hundred Dollars) per housing unit assisted, whichever is less, for the satisfactory performance of all services related to administration of the project as defined in the attached Scope ofServices. Planning Agency personnel will keep an accurate recordoftime  associated with personnel furnished by the Planning Agency.  1  547    August 21, 2023, MB#56  spent, which will serve as the basis for the amount charged to the Local Government per month. The Local Government will reimburse the Planning Agency monthly at a rate per hour for each of the personnel involved, which includes the salary, fringe benefits, travel andi indirect costs, plus travel and other approved expenses. Allother costs associated with the administration of the CDBG grant will be expended from the grant administration allowance budgeted fort the Local Government. Iti is expressly understood and agreed that total compensation shall not exceed the maximum sum: specified without prior approval of 4. Teminatien/Modisation: The Local Government may terminate this Contract by giving the Planning Agencyat thirty-day written notice. Furthermore, ifthere is a need to amend the proposal outlined in Attachment A, either party may do sO with the written 5. Timeo ofPerformance. The Planning Agency shall ensure thata all: services required herein shall be completed and all required reports, maps, and documents submitted during the 6. Interest of Members, Officers, or Employees of thel Planning Agency, Members of theLocal Government or Other Public Officials. No member, officer, or employee of the Planning Agency or its agents; no member of the governing body of the locality in which the program is situated; and no other public official of such locality or localities who exercise any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any financial interest, either direct or indirect, in any contract ors subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. Immediate family members of said members, officers, employees, and officials are similarly barred from having any financial interest in the program. The Planning Agency shall incorporate, or cause to be incorporated, in all such contracts or subcontracts, a provision prohibiting such interest 7. Nondiscrimination Clause. No person int the United States shall ont the grounds ofr race, color, national origin, or sex be excluded from participation in, be deniedi the! benefits of, or bes subjected to discrimination with any program or activity fundedi in whole or in part with funds available under the Housing and Community Development: Act of 1974, Section 109. 8. Age Discrimination. Actof1975, as amended. No qualified person shall on the basis of age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from 9. Section 504, Rehabilitation Actof1973, as amended. No qualified disabled person shall, on the basis of handicap be excluded from participation in, be denied thel benefits of, oro otherwise bes subjected to discrimination under any program or activity which receives or  both agencies.  approval of the other.  period beginning October 1, 2023 and ending February 28, 2025.  pursuant to the purpose oft this section.  federal financial assistance.  2  548    August 21, 2023, MB#56  benefits from federal financial assistance.  10. Access to Records and Record Retainage. All official project records and documents must be maintained during the operation of this project and for a period of three years following closeout, in compliance with 15 NCAC13L Rule .0911, Recordkeeping. The North Carolina Housing Finance Agency, US Department ofHousing and Urban Development, the Comptroller General of the United States, or any oft their duly authorized representatives shall have access to any books, documents, papers, and records of the Planning Agency which are pertinent to the execution oft this Agreement, for the purpose ofr making audits, examinations, excerpts, and transcriptions in compliance with 15 NCAC 13L Rule .0911, 11. Liquidated Damages Clause. Ifthep project fails to be carried out within the time frame outlined in the administrative proposal due to activities attributed to the Planning Agency, the Local Government may assess the Planning Agency a sum int the amount of $100 per 12. Termination of Agreement for Cause. If, through any cause, the Planning Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or violate any of the covenants, conditions, or stipulations of this Agreement, the Local Government shall thereupon have the right to terminate this Agreement by giving written notice of such termination and specifying the effective date thereof. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared under this Agreement shall, at the option of the Local Government, becomes its property, and the Planning Agency shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials in direct proportion to the extent of services actually completed. 13. Grantee Assurances. In the performance of this Agreement, the Planning Agency shall comply with all applicable federal rules and procedures outlined on the attached pages as E.O.1 11246 Clause, the Section 3 Clause, Lobbying Clause and Attachments B, C,DandE. IN WITNESS WHEREOF, thel Planning Agency andi thel Local Govemment have executed this  Recordkeeping.  week for any subsequent weeks until completion.  Agreement as of the date first above written.  LOCAL GOVERNMENT: CATAWBA COUNTY By:  PLANNING AGENCY:  WESTERN PIEDMONT COUNCIL OF GOVTS.  By:  County Manager  Executive Director 3  549    August 21, 2023, MB#56  LOCAL GOVERNMENT:  PLANNING AGENCY:  By: Chair  By: Chair  Pre-audit statement:  THIS INSTRUMENT has been preaudited in the manner required by the Local Government  Budget and Fiscal Control Act as amended. Mary Morrison, Chief Financial Officer Account Number: Amount: $132,000.00 APPROVED AS TO FORM Jodi Stewart, County Attorney  Grant Name & Number (if applicable): 2023 Urgent Repair Grant  4  550    August 21, 2023, MB#56  CATAWBA COUNTY GRANTS MANAGEMENT ASSISTANCE WORK PROGRAM/BUDGET OCTOBER 1, 2023- FEBRUARY 29, 2025 ATTACHMENT A SCOPE OF SERVICES  The following work program and budget are presented as descriptive of the work and dollar amounts requested in the Agreement concerning planning activities by the Western Piedmont Laurie Powell, CD Administrator and. Joel Herman and Stephen Pfleger, Housing Inspectors  Council of Governments for Catawba County. will be responsible for administering this project.  Work Program  Professional services necessary to administer all aspects of the project will include but not Laurie Powell will serve as Project Administrator and will be responsible for general grant administration. Quarterly status reports will be prepared and submittedi tol NCHFA. Working with the Catawba County Community Development staff, the Administrator will be responsible for public notification of grant funding, applicant intake and assistance eligibility. Other duties oft the Preparation of required program policies plans and procedures to govern the project and Program financial management includes processing invoices and payment fors services related Applicant notifications andi income, ownership verification, and notice of eligibility. Scheduling housing inspections with the Homeowner and Project Inspector, Mr. Herman. Preparation of program documents, i.e., Work Contract, Contractor's Release of Liens, Grant Agreement, Final Inspection Form and Owner Certificate of Satisfaction for a minimum ofTen  be limited to the following:  Administrator will include, but not be limited to the following:  maintenance of same.  tot the program and requisitions for payment from NCHFA.  (10) homes.  Preside at pre-construction conferences.  Resolve disputes between homeowners and contractors, etc. Be present at all monitoring visits by NCHFA personnel. Initial, bi-weekly and final housingi inspections. Be present at all pre-construction conferences.  Duties oft thel Housing Inspectors, Joel Herman and Stephen Pflegerwilli include, butr not be limited Preparation of work write-up, bid packets, cost estimates and bid openings.  to the following:  Monitor compliance with URP Program Rehabilitation Standards and all applicable local and  5  551    August 21, 2023, MB#56  state building codes. Verification of Contractor eligibility.  Initiate contractor payments and approve change orders as needed.  Catawba County will be responsible for the following: Adequate office space including utilities.  Direct payment ofU URP funds for legal and audit services and general administrative costs. All administrative costs not specifically identified as WPCOG responsibilities.  Time of Performance  The WPCOG will complete all activities involved in administration of this project in a 17-  month period beginning October 1, 2023, and ending February 29, 2025.  Budget  The WPCOG will provide these administrative/SOrt cost services for ai fee not to exceed  $24,000. The budget is broken down as follows:  Salaries Fringe Benefits Travel Indirect Total  $ 9 $ $ $ Assurances Amendments  11,200 6,589 888 5,323 24,000  Assurances are attached as a part of the Agreement.  This scope of services and budget may be amended as desired by mutual consent of  the Local Government and Planning Agency.  6  552    August 21, 2023, MB#56  ASSURANCES OF COMPLIANCE ATTACHMENT B  Executive Order 11246  During the performance of this Contract, the contractor agrees as follows:  1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard tot their race, color, religion, sex, age, or national origin. Suchaction shall include, but not be limited to the following: recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions oft this 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment 3) The contractor will: send to each labor union or representative of workers with which hel has a collective bargaining agreement or other contract or understanding, notice advising the labor union or workers' representative oft the contractor's commitments under section 202ofE Executive Order 11246 of September 24, 1965, and shall post copies oft the notice in conspicuous places 4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. 5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary ofl Labor for purposes ofinvestigation to ascertain compliance with such 6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorizedi in Executive Order11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the  nondiscrimination clause.  without regard to race, color, religion, sex, age, or national origin.  available to employees and applicants for employment.  rules, regulations, and orders.  Secretary of Labor, or as otherwise provided by law.  7  553    August 21, 2023, MB#56  7) The contractor willi include the provisions of paragraphs (1)t through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary ofl Labor issued pursuantt to section 2040 of Executive Order 11246 of September 24, 1965, so thats such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.  8  554    August 21, 2023, MB#56  ATTACHMENT C Section 30 Clause  "Section 3" Compliance int the Provision of Training, Employment, and Business Opportunities a. The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given loweri income residents oft the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area oft the b. The parties to this contract will comply with the provisions of said Section 3a and the regulations issued pursuant thereto byt the Secretary of Housing and Urban Development set forth in 24CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The contractor will send to each labor organization or representative ofv workers with which he has a collective bargaining agreement or other contract or understanding, ifany, a notice advising the said labor organization or workers representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and d. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFRI Part1 135. The contractor will nots subcontract with any subcontractor where ithas notice of knowledge that thel latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 240 CFRPart135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition oft the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors or assigns to those sanctions specified by the grant or loan agreement of contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR  project.  applicants for employment and training.  Part 135.  9  555    August 21, 2023, MB#56  ATTACHMENTI D Lobbying Clause  No Federal appropriated funds have been paid or will be paid, by or on behalf of the Planning Agency or the Local Government, to any person for influencing or attempting to influence an officer or employee of any agency, al Member of Congress, an officer or employee of Congress, or an employee ofa a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative, agreement, and the extension, continuation, renewal, amendment, or modification of Ifany funds other than Federal appropriated funds have been paid or will be paid any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Planning Agency and/or the Local Government shall complete and submit Standard Form-LLL, "Disclosure Form to  any Federal contract, grant, loan, or cooperative agreement.  Report Lobbying," in accordance with its instructions.  10  556    August 21, 2023, MB#56  The following Procurement and Disbursement Policy applies:  CATAWBA COUNTY URGENT REPAIR PROGRAM (URP23) PROCUREMENT AND DISBURSEMENT POLICY  PROCUREMENT POLICY  1. To the maximum extent practical, Catawba County promotes a fair, open and competitive procurement process as required under the North Carolina Housing Finance Agency's Urgent Repair Program (URP). Bids are invited from Contractors who are part of Catawba County's approved contractor registry. (To be on the registry, a contractor must complete an application, have their recent work inspected, reviewed and approved by the Rehabilitation Specialist and submit proof of insurance.) Any contractor listed with and approved by Catawba County and in good standing will receive automatic 2. At least three eligible contractors on Catawba County's approved contractor registry shall be invited to bid on each job and the lowest responsive and responsible bidder shall be selected for the contract. Responsive and responsible" means (a) the contractor is deemed able to complete the work in a timely fashion, (b) the bid is within 15%, in either direction, of the WPCOG's cost estimate, and (c) 3. Although bid packages may be bundled for multiple job sites, the bids for multiple job sites shall be considered separate and apart when awarded and shall be awarded to the lowest responsive and 4. Bid packages shall consist of an invitation to bid, work write up(s) and bid sheet(s) for each job. 5. Bids must include a cost-per-item breakdown with line item totals equaling the submitted bid price. 6. Any change to the original scope of work must be reduced to writing in the form of a change order to be agreed upon and signed by all parties to the original contract and two representatives of Catawba County. The change order must also detail any changes to the original contract price. 7. No work may begin prior to a contract being awarded and a written order to proceed provided to the contractor. In addition, a pre-construction conference and "walk thru" shall be held at the work site 8. Catawba County reserves the right to reject any or all bids at any time during the procurement process 9. In the event of a true emergency situation, Catawba County reserves the right to waive normal procurement procedures in favor of more expedient methods, which may include seeking telephone quotes, faxed bids and the like. Should such methods ever become necessary the transaction will be 10. All sealed bids will be opened publicly at a time and place to be announced in the bid invitation. All  approval status on the contractor registry.  there is no conflict of interest (real or apparent). responsible bidder(s) for each job site.  Discrepancies must be reconciled prior to a contract being awarded.  prior to commencement of repair work. ift there is a sound documented reason.  fully documented.  bidders are welcome to attend. DISBURSEMENT POLICY  1. All repair work must bei inspected by (a) the WPCOG's Housing Inspector, and (b) the homeowner prior to any payments to contractors. If all work is deemed satisfactory and all other factors and written agreements are in order, payment shall be issued upon presentation of an original invoice from the contractor. Contractor should allow 21 business days for processing of the invoice for payment.  557    August 21, 2023, MB#56  2. If any of the work is deemed unsatisfactory, it must be corrected prior to authorization of payment. If the contractor fails to correct the work to the satisfaction of the WPCOG's Housing Inspector, payment may be withheld until such time the work is satisfactory. (Contractors may follow Catawba County's Urgent Repair Program Assistance Policy if a dispute occurs; however, contractors shall abide by the 3. Catawba County assures, through this policy, that adequate funds shall be available to pay the 4. All contractors, sub-contractors and suppliers must sign al lien waiver prior to disbursement off funds. "This policy is to be used in conjunction with the existing procurement and disbursement policies for The Procurement and Disbursement Policies are adopted this the 21st day of August, 2023.  final decision as stated in the policy). contractor for satisfactory work.  Catawba County as applicable."  The following Assistance Policy applies:  Catawba County Assistance Policy For the 2023 Cycle of the Urgent Repair Program  What is the Urgent Repair Program? Catawba County has been awarded $132,000 by the North Carolina Housing Finance Agency ("NCHFA") under the 2023 cycle of the Urgent Repair Program ("URP23"). This program will be used to provide urgent repair funds to ten (10) homes scattered throughout all of Catawba County, including all towns, cities, and municipalities with the exception of the City of Hickory in the 2023- 2024 fiscal year. This program provides funds to assist very-low and low- income households with special needs in addressing housing conditions which pose imminent threats to their life and/or safety or to provide accessibility modifications and other repairs necessary to prevent displacement of very-low and low- income This Assistance Policy describes who is eligible to apply for assistance under URP23 how applications for assistance will be rated and ranked, what the form of assistance is and how the repair/modfication process will be managed. Catawba County has tried to design this URP23 project to be fair, open, and consistent with its approved application for funding and with NCHFA's URP Program Guidelines. The funds provided by NCHFA come from the North Carolina Housing Trust Fund and agency funds.  homeowners with special needs such as frail elderly and persons with disabilities.  Eligibility: Tol be eligible for assistance under URP23 applicants:  1) 2) 3) 4)  must reside within the limits of Catawba County and own and occupy the home in need of must have al household income which does not exceed 50% of each County's median must have al household member who has a special need (i.e., elderly at least 62 years old, military veteran, handicapped or disabled, a single parent with at least one dependent child living at home, a large family with >5 household members or a child below the age of must have urgent repair needs, which cannot be met through other state  repair.  income for the household size (see income limits below)  sixi in al house with lead hazards.  or federally- funded housing assistance programs  URP23 Income Limits for Catawba County  Number in 30% of Median Household (very-low income)  50% of Median (low income) $29,350 $33,550 558  1 2  $17,600 $20,150    August 21, 2023, MB#56  3 4 5 6 7 8  $22,650 $25,200 $27,200 $29,200 $31,250 $33,250  $37,750 $41,950 $45,350 $48,700 $52,050 $55,400  Income limits are subject to change based on annually published HUD HOME Limits and willl be updated each year. This update will not require a re-approval of the governing authority. Advertisement of Urgent Repair Program: Catawba County will either advertise or will publish an article in the local newspaper serving Catawba County (The Hickory Daily Record or The Observer News Enterprise), at senior centers throughout the County, Soup Kitchens, and the County's website. Western Piedmont Council of Governments (WPCOG) administers the County's URP Programs and has retained names of individuals who have in the past requested housing assistance by placing them on an ongoing waiting list. Selection of applicants: Income and property ownership will be verified, and eligibility requirements be The applicants from each county selected to receive assistance through the WPCOG Urgent Repair Program will be selected on a first-come, first to qualify, first-served basis within appropriate income categories. Because of Covid-19, there is a shortage of contractors and materials, roofing and heating/air Under NCHFA Program Guidelines, a minimum of 50% of households assisted must have incomes which are less than 30% of the area median income for the household size (very low-income), and no household In the event of a life-threatening: situation, a household could be served immediately. A life-threatening situation would be a house whose water source has stopped working such as a well but could hook up to municipal water if available, no wells will be installed. Also, a septic tank overflowing in the back yard or backing up in the house. The septic tank could be replaced, or the house could hook to municipal sewer if available. A Plumbing leak under the house from leaky copper pipes could be considered. A roof that is leaking or a HVAC system that has quit working also would qualify as al life-threatening situation. Recipients of assistance under the URP23 will be chosen by the above criteria without regard to race, religion, sex, color, national origin, disability, or familial status of the owners or occupants.  determined.  systems jobs willl be given priority since those jobs can be sub-contracted out.  with an income exceeding 50% of the area median income (low-income) will be eligible.  The definitions of special needs' populations under URP23 are:  Elderly: An individual aged 62 or older.  Disabled: A person who has aj physical, mental, or developmental disability that greatly limits one or more major life activities, has a record of such impairment, or is regarded as having such ani impairment. A person whose sole impairment is alcoholism or drug addiction shall not be Large Family: Al large family household is composed of five or more individuals; at least four are Household Member: Any individual who is an occupant (defined below) of the unit to be rehabilitated shall be considered a' household member" (the number of household members will be used to determine household size and all household members except full-time students are Occupant: An occupant is defined as anyi immediate family member (mother, father, spouse, son/daughter oft the head of the household, regardless of the time of occupancy); or non- immediate family member who has resided in the dwelling at least 3 months prior to the Single-Parent. Household: A household in which one and only one adult resides with one or  considered handicapped or disabled under the URP22.  immediate family members.  Head of Household: The person or persons who own(s) the house.  subject to income verification).  submission of the family's application. more dependent children.  559    August 21, 2023, MB#56  Child with elevated blood lead leve!: a child below the age ofs six living in the applicant house **Military veteran: A person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable. The term military' for the purposes of URP eligibility shall be defined as: Army, Navy, Air Force, Marine Corps, and Coast Guard; as a commissioned officer of the Public Health Service; or as a commissioned officer of the National Oceanic and Atmospheric Administration (NOAA) or its predecessors.  which contains lead hazards.  Client Referrals for Support Services: From the beginning when a client'applicant calls in or walks in the office for assistance, the Administrator screens and puts the client/applicant on the current waiting list. At the present time, there are close to 125 names on the list just for Catawba County that are needing some type of housing repair work done. During that call or the face-to-face intake where they have been put on the waiting list, other options for housing and other non-housing needs will be discussed. The Administrator will discuss at length the various resources and programs that are available to the clientlapplicant. Printed materials about the available services will be given to the applicant. The clientlapplicant is given the other agencies' name and phone numbers to contact and with the applicant's permission, the Administrator will contact the agency on behalf of the client to ensure that the needed services and assistance are available. A case management system will be in place that will provide follow-up of these services. The Administrator will contact the agency to be certain that these services were provided to the applicant. Agencies in the referral network include the Department of Social Services (food stamps, fuel assistance, other assistance); Health Department (healthcare); Home Health Care Agencies ( health care and housekeeping); County and Private Transportation Agencies; Senior Centers (socialization, resources); County Tax Offices (Homestead Act for reduced property tax); local crisis centers (food, clothing and emergency services); Congregate Nutrition Sites ( meals, socialization, health promotion); Veterans Administration (benefits); Duke Power (reduced rates for SSI head of households); telephone services (discounts with initial hookup and on monthly bills); Independent Living ( accessibility modifications for the handicapped); Blue Ridge Community Action (weatherization assistance); Legal Aid of NC; Foothills Service Project (housing and home improvements for older and disabled adults in Catawba County); and Hospice (respite care). Social Service Once the client has turned in their application and incomelownershp has been verified, an inspection is scheduled to see what housing needs are needed at that time. During that inspection, other non-housing needs are discussed again such as applying for county tax exemption; foods stamps; getting their Medicare supplement paid for; etc. The WPCOG for Catawba County receives on average 3 calls a week for housing What is the form of assistance under URP23? Catawba County will provide assistance to homeowners, whose homes are selected for repalr/modiication, in the form of a loan. Homeowners will receive an unsecured deferred, interest-free loan, forgiven at a rate of $3,000 per year, until the principal balance is What is the amount of the loan? The amount of the loan will depend on the scope of work necessary to address the identified imminent threats to life and/or safety, and that will be determined by the WPCOG's Rehabilitation Specialist. There is no minimum amount of the loan; however, the maximum life-time limit according to the guidelines of URP23 is $12,000, which includes hard and soft/admin costs. What kinds of work will be done? Only repairs that address imminent threats to the life and/or safety of occupants of the dwelling unit or accessibility modifications will be performed under the Catawba County's URP. It should be noted that all deficiencies in a home may not be rectified with the available funds. The URP23 program does not obligate Catawba County or the North Carolina Housing Finance Agency to make **Roofs for single wide and double wide mobile homes will be considered on a case-by-case basis after All work that is completed under URP23 must meet or exceed the NC Residential Building Code.  has referred elderly and disabled clients needing urgent housing needs.  rehabilitation.  reduced to zero.  the home confirm to any local, state, or federal housing quality standards.  being inspected by Community Development Staff.  560    August 21, 2023, MB#56  Who will do the work on the homes? Catawba County is obligated under URP23 to ensure that quality work is done at reasonable prices and that all work is contracted through a fair, open and competitive process. To meet those very difficult requirements, Catawba County will invite bids only from contractors who are part of To be on the registry, contractors must (1) fill out an application form, listing several references and recent jobs completed, (2) have North Carolina Renovation, Repair and Painting Firm Certification, (3) receive the conditional approval" of Catawba County. Once a contractor who has been conditionally approved has successfully completed one job for the Catawba County, his or her status is upgraded to "regular approval", meaning that they will be allowed to bid on a regular rotation as long as they remain in good standing. (Homeowners who know of quality rehabilitation contractors that are not on Catawba County's Approved A minimum of three approved contractors will be invited to bid on each job, and the lowest responsive and responsible bidder will be selected for the contract. Responsive and responsible" means the contractor (1) is deemed able to complete the work in a timely fashion, and (2) that the bid is within 15% (in either Ini the case of a life-threatening: emergency, bids may be solicited by telephone or facsimile. (Explanation of  an "approved contractors' registry".  Contractors Registry are welcome to invite them to apply.)  direction) of the WPCOG's cost estimate.  life-threatening: situations is under Selection of Applicants). What are the steps in the process, from application to completion?  1. Completing an application form: Apply by contacting Laurie Powell, Community Development Administrator, Western Piedmont Council of Governments at 828-485-4249. Proof of ownership and income will be required. Those who have applied for housing assistance from Catawba County in the past will not automatically be reconsidered. A new application will need to be submitted. 2. Screening of applicants: Household income will be verified for program purposes only (information will 3. Preliminary inspection: The WPCOG's Rehabilitation Specialist's, Joel Herman, and Program Administrator, Laurie Powell will visit the homes of potential loan recipients to determine the need and feasibility of repars/molications. The Eligibility Certificate willl be completed at this time. All parts of the home must be made accessible fori inspection, including the attic and crawlspace, if any. The owner should report any known problems such as electrical short circuits, blinking lights, roof leaks and the like. The owner willl be provided detailed information on assistance, program repair/modification standards 4. Applicant interviews: Approved applicants will be provided detailed information on assistance, program repar/modification standards and the contracting procedures associated with their project at this informational interview. Ift the staff determines the need for support services, those services will be 5. - Work write-up: The Rehabilitation Specialist will prepare complete and detailed work specification (known as the "work write-up"). A final cost estimate will also be prepared by the Rehabilitation 6. Bidding: The work write-up and bid documents will be mailed to a minimum of three contractors on the Approved Contractors' Registry who will be given one week in which to inspect the property and prepare bid proposals. The names of thei invited contractors willl be supplied to the homeowner. Each will need access to those areas of the house in which work is to be performed, in order to prepare al bid. Al bid opening will be conducted. at the WPCOG's Community Development Office at a specified date and  be kept confidential). Ownership of property will be verified.  and the contracting procedures associated with the project.  explained at this time.  Specialist and held in confidence until bidding is completed.  time, with all bidders and the homeowner invited to attend.  561    August 21, 2023, MB#56  7. Contractor selection: Within 24 hours of the bid opening, after reviewing bid breakdowns and timing factors, the winning bidder will be selected. AlI bidders and the homeowner will be notified of( (1)the selection, (2) the amount, (3) the amount of the WPCOG's cost estimate, and (4) if other than the lowest 8. Execution of loan and contract: A promissory note will be executed as well as the repalir/modification contract. This contract will be between the contractor and the homeowner, with the County/WPCOG signing as an interested third party. The cost of the actual work and project related support costs up to 9. Pre-construction conference: A pre-construction conference will be held at the home. Ati this time, the homeowner, contractor, and program representatives will discuss the details of the work to be done. Starting and ending dates will be agreed upon, along with any special arrangements such as weekend or evening work hours and disposition ofi items to be removed from the home (such as old plumbing, etc.). Within 24 hours oft the pre-construction conference, the County/WPCOG willi issue a' "proceed order" formally instructing the contractor to commence by the agreed-upon date. 10. Construction: The contractor willl be responsible for obtaining any required building permits for the project before beginning work. The permit must be posted at the house during the entire period of construction. Program staff will closely monitor the contractor during the construction period to make sure that the work is being done according to the work write-up (which is made a part of the rehabilitation contract by reference) and in at timely fashion. Code Enforcement Officers willi inspect new work for compliance with the State Building Code as required by the guidelines of URP23. The homeowner will be responsible for working with the contractor toward protecting personal property by 11. Change Orders: All changes to the scope of work must be reduced to writing as a contract amendment ("change order") and approved by all parties to the contract: the owner, the contractor and two representatives (one from the WPCOG and one from Catawba County). Ift the changes require an adjustment in the loan amount, a loan modification stating these changes in the contract amount must be completed by Catawba County/WPCOG and executed by the owner. Ift there is a reduction in the contract price from a deletion of ani item, an Estoppel will be issued showing the new decreased loan 12. Payments to contractor: The contractor will be paid following inspection of and satisfactory completion of all items on the work write-up, as well as, the receipt, by Catawba County, oft the contractor's invoice and a release ofl liens, signed by all any sub-contractors employed on the job and by all material 13. Post-construction conference: Following construction the contractor and the Rehabilitation Specialist will sit down with the homeowner one last time. At this conference the contractor will hand over all the owners' manuals and warranties on equipment. The contractor and Rehabilitation Specialist will go over operating and maintenance requirements for any new equipment installed and discuss general maintenance of the home with the homeowner. The homeowner will have the opportunity to ask any 14. Closeout: Once each item outlined in section 13 has been satisfied and the homeowner has signed a What are the key dates? If, after reading this document, you feel that you qualify for this program and  bidder is selected, of the specific reasons for the selection.  the maximum amount of $12,000 willl bei included in the loan document.  clearing work areas as much as practicable.  amount.  suppliers from whom materials for thej job were purchased.  final questions about the work.  Certificate of Satisfaction, thej job will be closed out. wish to apply, please keep the following dates in mind:  Applications available to the public starting fall of 2023. All work willl be under contract by December 31, 2024. All rehabilitation work must be completed by January 31, 2025.  562    August 21, 2023, MB#56  How do I request an application? Just contact: Laurie Powell (828-485-4249) Western Piedmont Council of Governments P.O. Box 9026 Hickory, NC 28603 aunepowel@wpcogorg  Ist there a procedure for dealing with complaints, disputes and appeals? Although the application process and repair/modification guidelines are meant to be as fair as possible, Catawba County realizes that there is still a chance that some applicants or participants may feel that they are not treated fairly. The following 1. Ifa an applicant feels that his/her application was not fairly reviewed or rated and would like to appeal the decision made about it, he/she should contact Laurie Powell within five days of the initial decision and voice his/her concern. If the applicant remains dissatisfied with the decision, the detailed complaint 2. Any complaint. and/or appeal must be submitted in writing to Catawba County Program Administrator at  procedures are designed to provide an avenue for resolution of complaints and appeals.  During the application process:  should be put into writing. the following address: Program Administrator-Laurie Powell Catawba County Urgent Repair Program C/O Catawba County Planning and Recreation  P.O. Box 389 Newton, NC 28658 Phone: (828)485-4249 TDD Relay; # 1-800-735-2962 receiving written comments. During the repar/modification process:  3. Awritten appeal must be made within 10 business days of the initial decision on an application. 4. Catawba County will respond in writing to any complaints or appeals within 10 business days of  1. Ifti the homeowner feels that repairs or modifications are not being completed according to the contract, 2. The Rehabilitation Specialist will inspect the work in question. Ifhe finds that the work is not being completed according to contract, the Rehabilitation Specialist will review the contract with the contractor 3. Ifproblems persist, a mediation conference between the homeowner and the contractor may be convened by the Rehabilitation Specialist and facilitated by the Catawba County. 4. Should the mediation conference fail to resolve the dispute, the Rehabilitation Specialist will render a 5. Ifthe Rehabilitation Specialist finds that the work is being completed according to contract, the complaint willl be noted, and the Rehabilitation Specialist and the homeowner will discuss the concern and the Will the personal information provided remain confidential? Yes. All information in applicant files will remain confidential. Access to the information will be provided only to the WPCOG employees and Catawba County employees who are directly involved in the program, the North Carolina Housing Finance Agency, What about conflicts of interest? No officer, employee or other public official of the Catawba County, or member of the Commissioners Board, or entity contracting with the Catawba County who exercises any functions or responsibilities with respect to URP17 shall have any interest, direct or indirect, in any contract ors subcontract for work to be performed with program funding, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. Relatives of Catawba County employees, Commissioners Board Members and others closely identified with Catawba County or the  he/she must inform the contractor and the Rehabilitation Specialist.  and ask the contractor to remedy the problem.  written final decision.  reason fort the Rehabilitation Specialist's decision.  and auditors.  563    August 21, 2023, MB#56  WPCOG may be approved for rehabilitation assistance only upon public disclosure before the Catawba What about favoritism? All activities under URP23 including rating and ranking applications, inviting bids, selecting contractors, and resolving complaints, will be conducted in a fair, open and non-discriminatory Who can C contact about URP23? Any questions regarding any part oft this application or program should be  County Commissioners Board and written permission from NCHFA.  manner, entirely without regard to race, creed, sex, color or national origin.  addressed to:  Laurie Powell (828-485-4249) Western Piedmont Council of Governments PO Box 9026 Hickory, NC: 28603 aunepowel@wpcgag  Copies of all referenced materials contained in this Assistance Policy may be obtained from Catawba These contacts will do their utmost to answer questions and inquiries in the most efficient and correct  County, 100-AS SWI Blvd, PO Box 389, Newton, NC 28658.  manner possible.  This Assistance Policy is adopted this 21st day of August, 2023.  e. The Tax Administrator recommended the Board of Commissioners approve 52 releases totaling $16,337.69, one refund totaling $630.25 and 62 Motor Vehicles Bill adjustments /refunds totaling $7,791.06, 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 Tax Office staff has checked records and verified the legitimacy of the requests received during the month of Common reasons for release of tax bill amounts include change in values and months, change in situs, businesses closing I being sold, clerical errors, listing errors, and material changes in property structures. The refund is due to a watercraft being traded in a new model. The motor vehicle bill adjustments are largely due to pro-ration of tax bill amounts to account for mid-year transfers of ownership, change in values The consent agenda items came in the form of a motion by Chair Isenhower, which carried unanimously.  requested during the month of July.  release or refund willl be made.  July.  and change in situs.  10. Other Items of Business. None. 11. Manager's Report. 12. Attorney's Report.  County Manager Mary Furtado introduced Lead for North Carolina Fellow Nick' Warnement to the Board. a. On August 7, 2023, the Board adopted a resolution to direct the expenditure of opioid settlement funds. Staff requested the Board adopt an amended resolution to reflect Section: 1 Strategy Authorized 1c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Exhibit A Strategy 1, instead of- Item letter and/or number in Exhibit A or Exhibit B to the MOA: Exhibit A Strategies 1 and 10; and modify date of adoption as  August2 21,2023.  564    August 21, 2023, MB#56  Commissioner Abernethy made a motion to adopt the amended resolution to direct the expenditure of opioid  settlement funds. The motion carried unanimously. The following amended resolution applies:  AMENDED RESOLUTION 2023-25 A RESOLUTION BY CATAWBA COUNTY  TO DIRECT THE EXPENDITURE OF OPIOID SETTLEMENT FUNDS  WHEREAS Catawba County has joined national settlement agreements with companies engaged in the manufacturing, distribution, and dispensing of opioids, including settlements with drug distributors Cardinal, McKesson, and AmersourceBergen, and the drug maker Johnson & Johnson and its subsidiary Janssen WHEREAS the allocation, use, and reporting of funds stemming from these national settlement agreements and certain bankruptcy resolutions ("Opioid Settlement Funds") are governed by the Memoranda of Agreement Between the State of North Carolina and Local Governments on Proceeds Relating to the WHEREAS Catawba County has received Opioid Settlement Funds pursuant to these national settlement agreements and deposited the Opioid Settlement Funds in a separate special revenue fund as required by  Pharmaceuticais; and  Settlement of Opioid Litigation ("MOA");and  section D of the MOA; and  WHEREAS section E.6 of the MOA states: E.6. Process for drawing from special revenue funds.  a. Budget item or resolution required. Opioid Settlement Funds can be used for a purpose when the Governing Body includes in its budget or passes a separate resolution authorizing the expenditure ofa stated amount of Opioid Settlement Funds for that purpose or those purposes during a specified period 0. Budget item or resolution details. The budget or resolution should () indicate that it is an authorization for expenditure of opioid settlement funds; (i) state the specific strategy or strategies the county or municipality intends to fund pursuant to Option A or Option B, using the item letter and/or number in Exhibit A or Exhibit B to identify each funded strategy, and (ii) state the amount dedicated to each NOW, THEREFORE BE IT RESOLVED, in alignment with the NC MOA, the Catawba County Board of  of time.  strategy for a stated period of time.  County Commissioners authorizes the expenditure of opioid settlement funds as follows:  1. Strategy authorized:  a. Name of strategy: Opioid/S Substance Use Disorder Program Coordinator Item letter and/or number in Exhibit A or Exhibit B to the MOA: Exhibit A Strategy 1  Strategy is included in: Exhibit A d. Amounted authorized for this strategy: $96,753 e. Period of time during which expenditure may take place: Start date 8/21/2023 through End date 6/30/2024  The total dollar amount of Opioid Settlement Funds appropriated across the above named and authorized  strategies is $96,753.  Adopted, the 21st day of August, 2023.  b. County Attorney Jodi Stewart requested the Board consider moving into Closed Session pursuant to North Carolina General Statutes 143-318.11(a) (3), (4) and (6) to consult with an attorney employed or  565    August 21, 2023, MB#56  retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body; to discuss matters relating to the location or expansion ofi industries or other businesses in the area served by the public body in negotiations, including agreement on a tentative list of economic development incentives that may be offered; and to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee public officer or employee. Attorney Stewart did not anticipate any action upon return to open session. Commissioner Beatty made a motion to move into closed session for the stated reason. The motion 13. Adjournment. No further action was taken. Upon a motion by Commissioner Beatty which unanimously  carried unanimously. The Board entered into Closed Session at 7:22 p.m.  carried, the meeting was adjourned at 7:56 p.m.    Randy Isenhower, Chair Catawba County Board of Commissioners Duh  Dale R. Stiles County Clerk  566