July 15, 2024, MB#57  Regular Session, July 15 2024, 7:00 p.m. Catawba County Board of Commissioners  Appointments  3  7/15/24  CVCC Board ofTrustees-Russ Perkins Public Health Board-Janice Walker Juvenile Crime Prevention Council-Ronn Abernethy Juvenile Crime Prevention Council-Maria Ballard Juvenile Crime Prevention Council-Reverend Ron Carson Juvenile Crime Prevention Council-Scott Hildebrand Juvenile Crime Prevention Council-Paul Holden Juvenile Crime Prevention Counci-Lieutenant James Kerley Juvenile Crime Prevention Council-Angela Simmons Juvenile Crime Prevention Council-Jamie Todd Library Board of Trustees-Ed Sain Subdivision Review Board-Jason Cloninger WPCOG. Aging Advisory Committee-Mark Bumgarner  Awards  3  7/15/24  NACO Award = Beyond the Books: Fostering Empathy in Catawba County Libraries NACO Award - Tales in the Garden: Cultivating Early Literacy and Community NACO. Award - Catawba County Street Improvement Program Government Finance Officers Association Certificate of Achievement for  Engagement  NACO Award - The Scatter Garden NACO Award - Recruiting Microsoft  Excellence in Financial Reporting  Budget Budget Transfers Cooperative Extensions Education  71 7/15/24 3  Catawba County Youth Voices NCACC Youth Delegate Presentation Catawba County Schools: Budget Appropriation-Moble Classroom Units Agriculture Resource Center & Catawba Rosenwald Education Center Design Contract  7/15/24 10 7/15/24 10 7/15/24 70 7/15/24  Emergency Services Finance  Surplus Former St. Stephens EMS Base  Government Finance Officers Association Certificate of Achievement for Catawba County Library Grants Funds Appropriation (LSTA-Two Grants) Catawba County Library Digital Champion Grant Fund Appropriation NC Department of Public Safety Medically Assisted Treatment Grant NCDOT NC 150 Widening-Bike Pedestrian Cost Share Contract Used Tires Recycling and Disposal Agreement  Excellence in Financial Reporting  3 7/15/24 9 7/15/24 9 7/15/24 41 7/15/24 12 7/15/24 30 7/15/24 57 7/15/24  Legal  Agriculture Resource Center & Catawba Rosenwald Education Center Design Contract  1    July 15, 2024, MB#57  Libraries  NACO Award - Beyond the Books: Fostering Empathy in Catawba County Libraries NACO Award - Tales in the Garden: Cultivating Early Literacy and Community Catawba County Library Grants Funds Appropriation (LSTA-Two Grants) Catawba County Library Digital Champion Grant Fund Appropriation NCDOT NC 150 Widening-Bike Pedestrian Cost Share  3 3 9 9  7/15/24 7/15/24 7/15/24 7/15/24 29 7/15/24 42 7/15/24 3 7/15/24  Engagement  NCDOT Ordinances 2024-5) Presentations  Catawba County Code of Ordinances = Chapter 42, Water & Sewer (Ordinance Catawba County Youth Voices NCACC Youth Delegate Presentation NACO Award - Beyond the Books: Fostering Empathy in Catawba County Libraries NACO Award - Tales in the Garden: Cultivating Early Literacy and Community NACO Award - Catawba County Street Improvement Program Government Finance Officers Association Certificate of Achievement for  Engagement  NACO Award - The Scatter Garden NACO Award - Recruiting Microsoft  Excellence in Financial Reporting  Public Comment Michael McRee Kenyon Kelly Luke Messick Sherrill Watkins Resolutions  3  7/15/24  Resolution Declaring Cost, Ordering Preparation of Preliminary Assessment Roll And Setting Time and Place for Public Hearing on Preliminary Assessment Roll fort the Street Improvement Project for StoneCroft Subdivision Resolution Declaring Surplus Property (Former St. Stephens EMS Base: Resolution  (Resolution 2024-18) 2024-19) Social Services NACO Award- - The Scatter Garden Sheriff's Office Axon Enterprises, Inc., Contract Tax 2023 Tax Settlement Report 2024 Order of Colections/Charge June Tax Refunds, Releases and Adjustments Utilities and Engineering Scrap Tire Recycling and Disposal Agreement  68 7/15/24 70 7/15/24 3 7/15/24 8 7/15/24 41 7/15/24 4 7/15/24 4 7/15/24 71 7/15/24 41 7/15/24 56 7/15/24  NC Department of Public Safety Medically Assisted Treatment Grant  Catawba County Code of Ordinances - Chapter 42, Water & Sewer StoneCroft Subdivision Road Improvement Special AssessmenePreiminany  2    July 15, 2024, MB#57  Assessment Roll  68 7/15/24 3 7/15/24  NACO Award - Catawba County Street Improvement Program  The Catawba County Board of Commissioners met in Regular Session on Monday, July 15, 2024, at 7:00 p.m., int the Board of Commissioners Meeting Room, 2nd Floor, Catawba County Justice Center, 100 Government 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, County Attorney 1. Chair Randy Isenhower called the meeting to order at 7:00 p.m., noting a quorum was present.  Drive, Newton, North Carolina. Barbara G. Beatty, and Cole Setzer. Jodi Stewart, and County Clerk Dale Stiles.  2. Chair Isenhower led the Pledge of Allegiance. 3. Commissioner Robert Abernethy offered the invocation. 17th, 2024. The motion carried unanimously. 5. Recognition of Special Guests: Chair senhower welcomed everyone present. 6. Public Comments. taxi incentives. 7. Appointments.  4. Commissioner Abernethy made a motion to approve the Minutes from the Board's Regular Meeting of June  Michael McRee came forward requesting the monument on the grounds of the 1924 Courthouse not be removed. Kenyon Kelley came forward requesting the monument be relocated. Sherrill Watkins came forward and spoke about Juneteenth. Luke Mesick came forward and spoke about property tax reform and Upon a recommendation by Vice-Chair Allran that came in the form of a motion which unanimously carried, the Board appointed Russ Perkins for a first term to the Catawba Valley Community College Board of Trustees, with a term expiration of June 30, 2028; and Janice Walker for a first term to the Public Health Upon a recommendation by Commissioner Abernethy that came in the form of a motion which unanimously carried, the Board made the following appointments to the Juvenile Crime Prevention Council: Paul Holden for a first full term; Jamie Todd for a first term; Reverend Ron Carson, Scott Hildebrand and Lieutenant James Kerley for second terms; Maria Ballard and Angela Simmons for fourth terms; and Ronn Abernathy Upon a recommendation by Commissioner Beatty that came in the form of a motion which unanimously carried, the Board appointed Ed Sain for a first term to the Library Board of Trustees, with a term expiration of. June 30, 2028; Jason Cloninger for an eighth term to the Subdivision Review Board, with ai term expiration of June 30, 2026; and Mark Bumgarner for a second term to the WPCOG Aging Advisory Committee, with a a. North Carolina Cooperative Extension Agent Donna Mull introduced 4-H President Aliah Escamilla to the Board, who then presented the Catawba County Youth Voices NCACC Youth Delegate Presentation. b. Commissioner Barbara G. Beatty presented the NACO Award: Beyond the Books-Fostering: Empathy in Catawba County Libraries to Assistant Library Director. Jenny Markham and Library Manager Shelley Orr.  Board, with at term expiration of. June 30, 2027.  for a twelfth term, with term expirations of June 30, 2026.  term expiration of June 30, 2026.  8. Presentations.  3    July 15, 2024, MB#57  C. Commissioner Beatty presented the NACO Award: Tales in the Garden-Culivating Early Literacy and Community Engagement to Library Services Specialists Sarah McElhone and Ely Mata, and Administrative d. Vice-Chair Austin Allran presented the NACO Award: Catawba County Street Improvement Program to Utilities and Engineering Director Peter Shonka, Staff Engineer Malachi Fox, Business Manager Tyler e. Commissioner Abernethy presented the NACO Award: The Scatter Garden to Social Services Adult Services Supervisor Chandra Henson and Adult Services Program Manager Heather Ball. f. Commissioner Cole Setzer presented the NACO Award: Recruiting Microsoft-A Collaborative Approach with a $1B Outcome to County Manager Mary Furtado, Assistant County Manager Paul Murray, and County g. Commissioner Setzer presented the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting to Chief Finance Officer Mary Morrison along with Finance Department  Supervisory Gina Diaz.  Garrison and Tax Administrator Brian Myers.  Attorney Jodi Stewart. staff. 9. Department Reports. a. Tax Department.  Tax Collector Lori Mathes requested the Board of Commissioners receive and approve the 2023 Property In accordance with NCGS $105-373(a)(1), Ms. Mathes presented the Board with the persons owning real property whose taxes for 2023 remain unpaid along with the principal amount owed by each person; the persons whose personal property taxes for 2023 remain unpaid along with the principal amount owed by each taxpayer; and the Tax Settlement Report detailing the collection of taxes for Catawba County. Ms. Mathes certified that she made diligent efforts to collect the taxes due utilizing the remedies available for The requested actions are required annually of the Board of Commissioners to close out the 2023 tax year  Tax Settlement Report, and issue the 2024 Order of Collections.  collection.  and to open the 2024 tax year from a collections standpoint.  4    July 15, 2024, MB#57  Pursuant to the provisions of N.C.G.S105-373, this memorandum ist the' Tax Collector'sreport ofs settlement to the Catawba County Board of Commissioners' for Fiscal Year 2024 (2023 tax The total FY2023 Real Estate, Personal Property, and Registered Motor Vehicles are as  year) follows:  REALI ESTATE / PERSONAL PROPERTYTAXES- - CATAWBA COUNTY  LEVY AS OF 06/30/2024 BALANCE OUTSTANDING, AS OF 06/30/2024 COLLECTED. AMOUNT AS OF 06/30/2024 COLLECTION RATE FOR CATAWBA COUNTY 2023 LEVY AS OF 06/30/2024 BALANCE OUTSTANDING AS OF 06/30/2024 COLLECTED. AMOUNT AS OF 06/30/2024 COLLECTION RATE FOR CATAW/BA COUNTY: 2023 LEVY AS OF 06/30/2024 BALANCE OUTSTANDING AS OF 06/30/2024 COLLECTED. AMOUNT AS OF 06/30/2024 COLLECTION RATE FOR CATAWBA COUNTY: 2023  114,034,626.54 1,430,427.74 112,604,198.80 98.75% 9,138,443.83 28,407.93 $ 9,110,035.90 99.69% 10,809,012.28 134,997.63 10,674,014.65 98.75%  MOTOR VEHICLE TAXES CATAWBA COUNTY  FIRE TAX (REAL/PERSONAL)  Reports of persons owning propertyi in Catawba County fort the preceding fiscal year that remain unpaid is available for inspection and review upon request. The' Tax Collector has made diligent efforts to collect thet taxes due from the persons listed by utilizing the remedies available for Catawba County has 16 accounts thata are barred byt the U.S. Bankruptcy Court from collecting. These  collection. bills total$ $13,658.81.  5    July 15, 2024, MB#57  COLLECTIONS FROM OTHER SOURCES  Reala and Personal Propertyl Taxes  Prior Vears 2002-2022 Principal- County & Fire Penalty & Interest--2023 & Prior' Years PriorYears 2002-2022- County and Fire Districts Penalty & Interest Vehicle Tax- - 2023 & Prior) Years  1,281,633.45 455,344.87 4,467.54 78,129.22 122,986.46 7,691.40 109,663.53 186,460 1,460.00 2,768.00 5,200.00 23,596.00 98,832.00 12,068.00 10,480.00 36.00 32,020.00 186,460.00  Vehicle Tax  Prepaid" Tax Distribution on 2022 County" Tax (RE/PP) NSF Check Charges Garnishment & Attachment Fees *Municipal Collection Charges for Motor' Vehicles  Cities  *MUNICPAL COLLECTION CHARGES  Brookford Catawba Claremont Conover Hickory Longview Maiden Maiden Lincoln County Bills Newton  365 bills 692 bills 1,300 bills 5,899 bills 24,708 bills 3,017 bills 2,620 bills 9 bills 8,005 bills 46,615  4.00 4.00 4.00 4.00 4.00 4.00 4.00 4.00 4.00  Totals  2  6    July 15, 2024, MB#57  2023 COLLECTIONS INFORMATION BY CITYA ANDTOWN  Real Estate and Personal Property  LEVY 166,071 552,126 3,172,790 7,389,274 34,725,475 2,124,325 9,590,442 13,385 8,481,957  COLLECTED OUTSTANDING  PERCENT 95.90% 97.64% 99.78% 99.18% 99.12% 97.78% 99.72% 100.00% 98.83%  BALANCE 6,813 13,029 6,954 60,559 305,501 47,085 26,841 0 99,048  BROOKFORD CATAWBA CLAREMONT CONOVER HICKORY LONGVIEW MAIDEN MDN NEWTON  159,257 539,097 3,165,836 7,328,715 34,418,975 2,077,240 9,563,602 13,385 8,382,909  3  7    July 15, 2024, MB#57  The following Order of Collection is authorized:  2024 ORDER OF COLLECTION Pursuant to NCGS S 105-321(b)  State of North Carolina County of Catawba  To the Tax Collector of Catawba County:  You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records, filed in the Office oft the Catawba County Tax Assessor and the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be first lien upon all real property of the respective taxpayers in Catawba County and this order shall be a full and sufficient authority to direct, require and enable you to levy on and sell any real and personal property of  such taxpayers, for and on account thereof, in accordance with law. Witness my hand official seal, this 15th day of July, 2024.  Commissioner Setzer made a motion to receive and approve the 2023 Property Tax Settlement Report and Sheriff Don Brown requested the Board of Commissioners approve Axon Enterprise, Inc. as a sole source vendor; and authorize the County Manager to execute a five-year contract with Axon Enterprise, Inc. in the In2 2019, the Sheriff requested approval to enter into a contract with Axon Enterprises, Inc., to purchase a Body Worn Cameras (BWC's) program for evidentiary purposes as well as building trust and maintaining transparency within the community. In continuing this project, the Sheriff's Office requested in the FY2025 budget purchase of in-car cameras equipped with license plate readers (LPR's), as well as upgrading the TASER and BWC's within the agency. That request was approved in the FY2025 budget, and funds were By statute, all criminal investigative interviews of major crime must be video/audio recorded. The current system used in the interview rooms is antiquated and requires updates. The AXON contract includes all the above additions and upgrades, which ultimately streamlines the process of collecting, preserving and Total contract costs over the next five years, including tax, is $2,954,087, broken down into annual payments Axon Enterprises, Inc. is the sole developer of the proprietary hardware, data management software services and extended warranties, which are part of this contract. A sole source approval is warranted because the Axon hardware and software required to satisfy the department's needs are only available for purchase from Axon Enterprise. Based on these factors, the Sheriff recommends the Board of Commissioners approve this sole source contract and authorize the County Manager to execute all related Commissioner Beatty made a motion to approve Axon Enterprise, Inc. as a sole source vendor; and authorize the County Manager to execute a five-year contract with Axon Enterprise, Inc. in the amount of  issue the 2024 Order of Collections. The motion carried unanimously.  b. Sheriff's Office. amount of $2,954,087.  appropriated.  sharing digital evidence.  of $590,818. No funds are required to be appropriated in support of this request.  documents.  $2,954,087. The motion carried unanimously.  10. Consent Agenda.  8    July 15, 2024, MB#57  County Manager Mary Furtado presented the following eleven 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 Subcommittee recommended the Board of Commissioners accept and appropriate two separate Federal IMLS, Library Services Technology Act (LSTA) grants to the Catawba County Library: a $17,037 Grant towards upfitting existing meeting, study, and conference rooms with videoconferencing and technology equipment; and a $38,903 Grant to support development of sensory experiences (play areas and story times) at the Main Branch for children with specific developmental needs. In May 2021, the Board of Commissioners adopted the Catawba County Library Strategic Plan that lays out priorities for 2021 through 2025. The three major goals embedded in the strategic plan, which were driven by the results of a comprehensive community needs assessment andi intensive input process, include: Connect: bringing people together with empowering high-quality resources. Explore: fostering the community's passions for discovery, knowledge, and personal growth. Grow: collaboratively addressing critical challenges facing the community by providing equitable access to the tools, resources, and spaces people need to succeed and thrive. Grant #1 - The need for additional appropriate quiet spaces and designated collaborative/interactive spaces was identified in the library's facilities analysis done in 2020 by ReThinking Libraries consultants. With this grant the Library will continue to transform our existing meeting, study, and conference rooms into safe, private video-conferencing spaces where people can connect with the tools and expertise that they need to thrive and succeed. We will update the library's physical meeting and study spaces with technology to allow for user-friendly video conferencing and programming in support of education, health, employment, and lifelong learning. The library will work with the county IT department to purchase and install display monitors, cameras, microphones, wireless keyboards, and wireless mice along with the computers, mounting equipment, sound dampening materials, and cord management systems needed for seamless This investment will increase the library's institutional capacity and improve the library's physical and Grant #2 Early childhood literacy is a foundational component of the library's mission, and recent studies indicate that we need to redouble our focus on early learning development for our youngest community members. The library recognizes the need to adapt and expand our early literacy efforts to reach our With these grant funds, the library will update the children's area at the Main Library in Newton with sensory toys, furnishings, and interactive components, creating a learning space for children of all abilities. The library will also add a sensory-friendly story time at Newton and create sensory kits for families to use at all library locations. Additionally, all library staff will participate in customer service training to deliver supportive experiences for neurodivergent individuals. Collaborating with the Early Childhood Support Team at the Catawba County Partnership for Children, the library will host information sessions, expanding access to  individual consideration. None was requested.  integration and a user-friendly experience for both community members and staff.  technology infrastructure.  preschool families in new ways.  accurate information and resources related to the Autism Spectrum Disorder (ASD).  Revenue 110-810050-631916 Expenditure 110-810050-841051  $55,940 $55,940  LSTA Grant Scholarship LSTA Grant Scholarship  b.T The Finance and Personnel Subcommittee recommended the Board of Commissioners accept and appropriate grant funds in the amount of $300,000 to the Catawba County Library awarded from American  Rescue Plan Act State Fiscal Recovery Funds to support the Digital Navigator program.  9    July 15, 2024, MB#57  In May 2021, the Board of Commissioners adopted the Catawba County Library Strategic Plan that lays out priorities for 2021 through 2025. The three major goals embedded in the strategic plan, which were driven by the results of a comprehensive community needs assessment and intensive input process, include: Connect: bringing people together with empowering high-quality resources. Explore: fostering the community's passions for discovery, knowledge, and personal growth. Grow: collaboratively addressing critical challenges facing the community by providing equitable access to the tools, resources, and spaces people need to succeed and thrive. Digital literacy is a critical factor in supporting the overall growth of an economy and development of society. With these funds the Catawba County Library will implement a Digital Navigator outreach program, hiring two digital navigators who will expand partnerships with organizations serving specific populations to provide access to the training they need to become effective digital citizens. Targeting underserved communities, bilingual digital navigators in a mobile lab will provide digital literacy workshops aimed at addressing specific needs, reaching seniors, veterans, the formerly incarcerated, Spanish and Hmong speakers, African  Americans, and those facing financial hardships.  Revenue 110-810050-631262 Expenditure 110-810050-841062  $300,000 $300,000  Digital Champion Digital Champion  C. The Finance and Personnel Subcommittee recommended the Board of Commissioners appropriate Catawba County Schools is experiencing capacity pressures in several elementary schools, driven by a combination of student growth, K-3 class size restrictions, and the need to carve out space for ancillary support programs (speech therapy, etc.). In October 2023, the Board of Commissioners approved funds for CCS to conduct a comprehensive facilities assessment to inform recommendations for needed facility expansions and renovations to address these pressures moving forward, and viable options for implementing those recommendations. The facilities assessment is currently underway, and results are In the meantime, the school system needs to address current elementary school capacity pressures in the Bandys and St. Stephens High School feeder areas. The system plans to contract for two mobile units for use in these feeder areas. The fee structure includes delivery and installation fees of just under $64,000 per year and a monthly leasing rate of $8,500, with an initial lease term of two years. Additionally, there is a return I removal charge of roughly $38,000 at the end of the lease term. The exact location of the mobiles will be determined based on school registration that will take place in late July. In order to have the mobiles in place by the beginning oft the coming school year, the system needs to receive the mobiles before the end  $500,000 to Catawba County Schools for Mobile Classrooms.  expected sometime this fall.  ofJ July. Revenue: 110-190050-690100 420-750100-750100-695110 Expense: 110-190900-995420 420-750100-863200-31150-4-03  Fund Balance Appropriated From General Fund Transfer to Schools Capital Fund Mobile Classrooms  $500,000 $500,000 $500,000 $500,000  d. The Finance and Personnel Subcommittee recommended the Board of Commissioners approve an architectural design services contract with ADW Architects for services related to design of the Catawba County Agricultural Resource Center & Catawba Rosenwald Education Center, in the amount of $814,000;  and authorize the County Manager to execute all related contract documents.  10    July 15, 2024, MB#57  The N.C. Cooperative Extension functions are currently housed within the old hospital, and is comprised of Cooperative Extension Service, N.C. Forestry Service, the Soil & Water Conservation District, and associated meeting room, lab, and office space, and other associated classrooms. In 2019, the County initiated a review of the existing structure and services, and it was determined the most cost-effective way to meet the needs of these agencies and their customers was through a different facility, rather than renovating Catawba County Schools (CCS) also has a need to explore options for the Catawba Rosenwald Education Center due to facility condition, which makes the cost of repairs not feasible. CCS and the County have been in discussions regarding options to address this facility need, and it has been determined that relocation of the school is more cost effective and will provide al better learning environment for students. With these two needs in mind, the County negotiated purchase of Catawba Valley Community College's "East Campus" facility, approximately 100,000 sq. ft., on 18.15 acres located at 2760 US Hwy 70, Hickory, NC, PIN# 372110268379. (CVCC had plans to vacate this facility in the near future and, upon further evaluation, it became clear this facility met the needs of both Catawba County and Catawba County On November 21, 2022, Catawba County issued a Request for Qualifications seeking submittals from firms interested in providing the Architectural Design Services required to renovate an existing facility on the CVCC campus that will serve agencies housed in the current Agricultural Resources Center, including Cooperative Extension Services, Water & Soil, North Carolina Forestry, as well as provide a location for the Catawba Rosenwald Education Center. The design will include renovation of the existing building.  the existing facility.  Schools.)  Qualification submittals were received on November 21, 2022 from the following firms:  ADW Architects - Charlotte, North Carolina Biloba Architecture = Charlotte, North Carolina The Bogle Firm - Salisbury, North Carolina Boomerang Design - Charlotte, North Carolina CBSA Architects - Hickory, North Carolina Progressive AE's - Charlotte, North Carolina STITCH Design - Winston-Salem, North Carolina YCH Architecture - Concord, North Carolina  On December 12, 2022, the Evaluation Committee (Alison Alexander, former Assistant County Manager; Larry Putnam, CVCC Executive Vice President; John Cameron, Construction Manager; Amy McCauley, Communications and Marketing Director; and Tina Wright, Purchasing Manager) met to evaluate the qualification responses received. The Committee scored all responses, and ADW Architects was selected as the most qualified for this design project. No funds are required to support this request, as they have  been previously appropriated. The following agreement applies:  11    July 15, 2024, MB#57  AGREEMENT FORARCHITECTURESERVICES  This Agreement for Architecture Services ("Agreement"), made as of the day of June 2024, by and between CATAWBA COUNTY, a political subdivision of the State of North Carolina (hereinafter "County") and ADW ARCHITECTS, P.A., registered in North Carolina as al licensed Architect with an office located in North Carolina (hereinafter "Firm"). County and Firm are each referred tol herein as a' "Party" and collectively as the "Parties". Pursuant to the following terms and conditions, and in exchange for the mutual promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of  which are hereby acknowledged thel Parties agree as follows:  TERMS ANDCONDITIONS ARTICLE1  EFFECTIVE DATE, TIME OF COMPLETION AND: SCOPE OF SERVICES 1.1. Thel Effective Date ofthis Agreement shall be June 2024 ("Effective Date"). 1.2. This Agreement is for professional architecture services to be provided by Firm with respect to the Project known as the new Agricultural Resource Center and Catawba Rosenwald Education Center ("Project"), located in Catawba County, North Carolina, and generally consisting of required architectural drawings and specifications to allow contractors to bid and to renovate an existing facility on the CVCC campus that will serve agencies housed in the current Agricultural Resources Center, including Cooperative Extension Services, Water & Soil, North Carolina Forestry, as well as provide a new location for the Catawba Rosenwald Education Center, Contractor grants County a nonexclusive license to use Contractor's architectural drawings, specifications and any other work product created or used to complete the Scope of Services (collectively, 1.3. Services shall commence after] Effective Date and approval ofai fully executed. Agreement and be completed within 365 days ("Time of Completion"). Basic Services (as defined herein) shall be performed in accordance with the Scope as more: fully defined in Section 1.6 and compensated set forth in Section 3 herein. Firm shall also provide additional services as may be necessary from time-to-time to be agreed upon by written amendment 1.4. Where Firm is prevented from completing any part of the Work within the Time of Completion due to delay beyond the control of Firm, the Time of Completion may be extended: in an amount equalt tot thet timel lost duet tot the delayi ifa Claimi is made as provided in Section 7 and ift the performance of the Work is not, was not, or would not have been delayed by any other cause: for which the Firmi is not entitled to an extension oft the Time ofCompletion. Delays beyond the control of Firm include, but are not limited to, acts or neglect by County, acts or neglect ofutility owners or other contractors performing other work, fires, floods, epidemics, abnormal weather conditions, or acts of God. Firm acknowledges and agrees that adjustments in the Time of Completion will be permitted for a delay only to the extent such delay (i) is not caused, or could not have been anticipated, by Firm; (ii) could not be limited or avoided by the Firm's timely notice to  "Services").  tot this Agreement.  12    July 15, 2024, MB#57  County of the delay or reasonable likelihood that a delay will occur; and (ii) is of a duration not less than one day. In no event will claims for delay! be allowed where alleged delays doi not impact the critical path oft thel Firm as demonstrated ont ther relevant schedule provided by thel Firm for the period oftime in which the delay allegedly occurred. If Firm is delayed in the performance or progress of the Services by fire, flood, epidemic, supply chain disruptions, material or labor shortages, abnormal weather conditions, acts of God, acts ori failures to act ofutility owners not under the control of County, or other causes nott thet fault of and beyond control ofCounty and Firm, then Firmi is entitled to an equitable adjustment in Time of Completion, if the adjustment is essential to Firm's ability to complete the Work within the Time of Completion. An adjustment in the Time of Completion is Firm's sole and exclusive remedy for the delays described ini this Section. Furthermore, to the fullest extent permitted by law, and notwithstanding anything to the contrary in the Contract Documents, an extension of the Time of Completion, shall bet the sole remedy of] Firm for any () delay ini the commencement, prosecution, or completion of the Services, (ii) hindrance or obstruction in the performance of the Work, (iii) loss of productivity, or (iv) other similar claims (collectively referred to in this Section as "Delays") whether or not such Delays are foreseeable, unless al Delayi is caused by acts of County constituting active interference with Firm'sperformance ofthe Services, and only to the extent such acts continue after Firm furnishes County with notice of such interference. In no event shall Firm be entitled to any compensation with any Delay, including, without limitation, consequential damages, lost opportunity costs, impact damages, or other similar remuneration. County's exercise of any ofi its rights under the Contract Documents (including, without limitation, ordering changes in the Services, or directing suspension, rescheduling, or correction of the Services), regardless of the extent or frequency of County's exercise of such rights or remedies, shall not be construed as 1.5. Firm represents and agrees that now and continuing for the term of this Agreement that a) is experienced, qualified, skilled and fully capable of performing Services in a b) shall exercise reasonable care and diligence, and shall act in the best interest of the c) shall act in accordance with generally accepted standards of Firms practice applicable to the locality; and shall comply with this Agreement and with all applicable federal, e) shall performi in atimely manner and in accordance with all dates or schedules required shall work in good faith with County to meet requirements imposed by federal or state government or other funding entity if grants are usedt toi fund any portion ofthe Project; g) the individual(s) signing this Agreement have the right and power to do so and by executing this Agreement, bind Firm to the obligations set forth herein and such individuals do: so personally warrant that they have such authority.  active interference with Firm's performance of the Services.  Firm:  competent andj professional manner;  County;  state and local laws, ordinances, codes, rules and regulations; d) possesses all necessary qualifications, licenses and certifications; under this Agreement, time being oft the essence;  and  Page2of12  13    July 15, 2024, MB#57  1.6. SCOPE OFS SERVICES  1.6.1. The Scope of Services for this Project consists generally of providing required drawings and specifications to allow contractors to bid and construct the Project. The detailed Scope of Services ("Scope") is attached and incorporated herein as  reference, Attachment A.  ARTICLE2 RESFONSIBILITIES OF FIRM  2.1. STANDARD OF CARE  2.1.1. Firms shall assure that all drawings, specifications, plans, surveys, reports, technical memoranda, testing protocol, designs, electronic databases and other documents and deliverables (collectively "Documents and Deliverables ") prepared by Firm are in accordance with all Laws and Regulations and are fit for their intended 2.1.2. Firms shall be responsible for all errors or omissions inl Documents and Deliverables and shall correct at no additional cost to County any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts in the Documents and Deliverables. Firm shall reimburse County for damages to County caused by errors 2.1.3. In addition to any other damages that might be due to County hereunder in connection" withi thel breach ofthis Agreement by) Firm, Firm shall reimburse County for costs, damages and expenses that are the result of errors, omissions or delays of 2.1.4. Firms shall expedite and accelerate its efforts as necessary toj perform in accordance with this Agreement at no additional cost to County, if County reasonably 2.2. KEY PERSONNEL AND SUBCONTRACTORS. No change in Firms personnel or subcontractors designated in this Agreement as those who will provide Services shall be permitted except with the prior written consent of County, which consent shall not be unreasonably ywithheld. Suchreplacement, personnel ands subcontractors: shalll havet thes same or higher qualifications and experience as those being substituted. If Firm provides any Services through the use of subcontractors, Firm shall be solely responsible for all aspects of subcontractor(s) conduct and performance. Additionally, Firm's contracts with subcontractor(s) shall include a provision that, in the event this Agreement is terminated for cause by County, County may take assignment of such contract(s) of] Firm with their 2.3. TAXES, PERMITS ANDI LICENSES. Unless otherwise provided, Firmi is responsible for all applicable taxes and license fees and shall acquire all licenses and permits required by  purpose.  and omissions ofFirm.  Firm, including those of Firm's subcontractors. determines that Firmi is behind schedule.  subcontractor.  Laws and Regulations.  Page3of12  14    July 15, 2024, MB#57  ARTICLE3 COMPENSATION  3.1. COMPENSATION FORI BASIC SERVICES. Firm willj perform services describedi int the Scope of Services, attached hereto as Attachment A, for a basic services fee of 3.1.1. Invoices shall be ini form ands substance acceptable tot the County. Int the event the County finds any part of an invoice not to be acceptable, it shall identify to the Firm the part or parts, which are not acceptable and shall pay the part or parts of thei invoice, which are acceptable, ifa any. The County shall havet the right to deduct fromj payments tot thel Firm any costs or damages incurred byt the County as ai result oft the Firm'sf failure to perform any portion oft the Services.  $814,000.00.  3.2. COMPENSATION FOR ADDITIONAL SERVICES. Additional Services shall be as set forth in a Written Amendment, executed by the Parties. Payments for Additional Services that have been properly approved and satisfactorily completed will be made by County within thirty (30) calendar days of receipt of an invoice that is in form and substance acceptable to County. Ini the event the County finds any part of an invoice not to be acceptable, it shall identify to the Firm the part or parts which are not acceptable and shall pay the part or parts oft the invoice which are acceptable, ifany. County shall havet the right to deduct from payments to Firm any costs or damages incurred by County as a result of Firm's failure to perform any Service, following reasonable notice and opportunity to cure such nonperformance by Firm. Compensation shall be on a time-and materials orl lumpsum basis as agreedbyboth) Parties priort to commencement of Additional 3.3. ACCOUNTING RECORDS AND OTHER RECORDS. Accounting records of Firm's compensation for Services and Additional Services (and Reimbursable Expenses, if permitted under this Agreement) shall be maintained by Firm in accordance with generally accepted accounting practices and shall be available for inspection and copying by County at mutually convenient times for a period of three (3) years after termination 3.4. NON-APPROPRIATION. Payment to Firm for Services is expressly conditioned upon availability of funds, and upon the actual receipt of funds, from appropriate revenue sources. If funds are insufficient to meet expected performances hereunder due to non- appropriation or reduction offunds by thes source, Services to be provided! hereunder may be adjusted by the Parties, in writing, to conform with the funds which are actually available. Ifsuch adjustment is impractical or would defeat the intent or purpose ofthis  Services.  ofthis. Agreement.  Agreement, same may be terminated accordingly without penalty.  ARTICLE4 RESPONSIBLITIES OF COUNTY  4.1. COOPERATION: AND COORDINATION. County may designate, in writing, aj person to act as project manager whos shall coordinate the Services and who shalll be available during working hours as often asi may! be reasonablyrequired: to render decisions within guidelines established by County. County shall examine Documents and Deliverables submitted by  Page 4of1 12  15    July 15, 2024, MB#57  Firm and shall make reasonable efforts to render timely decisions pertaining thereto so as 4.1.1. County's Person of Contact: The Firm's Point of Contact ("POC") for this Project is the Catawba County Facility Services Director, John Cameron, (828)320-2484. Any questions regarding thel Project shall be directed tol him.  not to unduly delay the orderly progress ofl Firm's Services.  ARTICLES INSURANCE  5.1. INSURANCE. Firm shall maintain at all times during the term ofthis Agreement, at the Firm'ssole expense the following minimum insurance requirements. 5.1.1. Commercial General Liability Insurance. Firm shall maintain Commercial General Liabilityinsurance written on an occurrence basis, including coverage for products and completed operations liability, contractual liability, liability fromi independent contractors, property damage liability, bodily injury liability, and personal injury liability with limits of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. The limits may be satisfied by a combination of primary and 5.1.2. Professional Liability Insurance. Firm shall maintain Professional Liability insurance with limits of not less than $2,000,000 per occurrence and $2,000,000 5.1.3. Business Automobile Insurance. At all times while the Firm's representatives are conducting on-site work, the Firm shall maintain Automobile Liability insurance for any owned, hired, rented, or borrowed vehicle with a limit of not less than $1,000,000 per occurrence for bodily injury and property damage liability. The limit may be satisfied by a combination ofp primary and excess insurance. 5.1.4. Workers Compensation & Employers Liability Insurance. At all times while the Firm's representatives are conducting on-site work, Firm shall maintain statutory Workers Compensation insurance in accordance with the laws of North Carolina. Firm shall also maintain Employers". Liability insurance withl limits oft not less than $100,000 per accident and $100,000 each employee fori injury by disease. a) Catawba County shall be named as an additional insured under Firm's automobile and general liability insurance. Int the event ofal loss arising out of, or related to the Firm's services performed under this Agreement, Firm's Liability insurance shall be primary (pay first) with respect to any other insurance which may be available tot the County, regardless of1 how the "other b) Firm shall be responsible for insuring all of its own personal property, c) Alli insurance policies put forth to satisfy the aboverequirements shall require the insurer toj provide ai minimum ofthirty (30) days' notice to the County of any material change in coverage, cancellation, or non-renewal.  excess insurance. aggregate.  5.1.5. General Requirements  insurance" provisions may read. improvements, and betterments.  Page 5of12  16    July 15, 2024, MB#57  d) All insurance put forth to satisfy the above requirements shall be placed with insurance companies licensed to provide insurance in the state of North Carolina. Any deductibles or self-insured retentions in the required insurance Firm has provided a Certificate of] Insurance ("COI") which is attached hereto as Attachment B. Firm agrees toi indemnify the County ift thei insurance policy referenced in the COI does not contain, at a1 minimum, the coverage amounts listed on the COL. Firm agrees to provide complete copies of policies if requested. Failure of] Firm toj provide timely evidence ofi insurance, or to place coverage with insurance, or to place coverage with insurance companies acceptable to the County, shall be viewed as Firm's delaying performance entitling the County to all appropriate remedies under the law including  shall be subject to approval by the County.  termination ofthe contract.  ARTICLE6 DAMAGES ANDI REMEDIES  6.1. SERVICES, REIMBURSEMENT AND: DEDUCTIONS  6.1.1. In addition to any other remedies available to County, County shall have the right to deduct from payments to the Fimm any costs, damages and expenses, including reasonable attorney's fees, that have been incurred by County as ai result of Firm's  failure to perform as required by Agreement.  6.2. INDEMNITIES  6.2.1. General Indemnity. To the fullest extent permitted by Laws and Regulations, Firm shall indemnify and hold County, its officers, employees, and elected officials harmless from and against all claims, costs, charges, civil penalties, fines, losses, liabilities and damages (including but not limited to reasonable professionals' fees and charges and all court or other dispute resolution costs), by whomsoever brought or alleged, arising out of, resulting from, or in connection with (a) any breach by Firm of any term or condition of this Agreement or Written Amendment, (b) any breach or violation by Firm of any applicable Law or Regulation, or (c) any other cause resulting from any act or failure to act by Firm under this Agreement or Written Amendment, but only to the extent caused by any negligence of Firm. This indemnification shall survive the termination ofthis Agreement. 6.2.2. Intellectual Property Indemnity. To the fullest extent permitted by Laws and Regulations, Firm shall indemnify and hold County, its officers, employees and elected officials harmless from and against all claims, costs, charges, civil penalties, fines, losses, liabilities and damages (including but not limited to all professionals' fees and charges and all court or arbitration or other dispute resolution costs), by whomsoever brought or alleged, arising out of or related to infringement of patent rights, copyrights, or other intellectual property rights, except with respect to designs, processes or products ofa particular manufacturer expressly required by the County in writing. If Firm has reason to believe the use of a required design, process or product is an infringement of a patent, copyright or other intellectual property, the Firm shall be responsible for such loss unless such information is  Page 6of12  17    July 15, 2024, MB#57  promptly given to the County.  6.3. NON-EXCLUSIVITY OF REMEDIES/NO WAIVER OF REMEDIES. A Party's selection ofone or more remedies for breach ofthis Agreement shall not limit that Party's right to invoke any other remedy available under this Agreement or by law. No delay, omission or forbearance to exercise any right, power or remedy accruing to a Party shall impair any such right, power or remedy or shall be construed to be a waiver of any breach hereofor default] hereunder. Everysuchright, power or remedyn may be exercisedi fromt time- 6.4. WAIVER OF DAMAGES. Parties shall not be entitled to, and hereby waive any monetary claims for, or damages arising from or related to, lost profits, lost business  to-time and as often as deemed expedient.  opportunities, unabsorbed overhead or any consequential damages.  ARTICLE7  AMENDMENTS TO AGREEMENT  7.1.CHANGES IN THE SCOPE SERVICES. Changes in the Scope of Services and entitlement to additional compensation or a change in duration or any other term of this Agreementshal! be made only by a Written Amendment executed by both parties. County may, without invalidating Agreement, make written changes in Scope of Services by preparing and executing a Written Amendment for review and executionl by Firm. Within three (3) days ofreceipt ofs such Written Amendment, Firm shall notify County in writing ofa any change contained therein that Firm believes significantly increases or decreases the Scope of Services and request an adjustment in compensation with respect thereto. If Written Amendment significantly increases or decreases the Scope of Services, the  compensation may be equitably adjusted.  ARTICLE8  TERMINATION AND SUSPENSION  8.1. TERMINATION FOR CONVENIENCE. This Agreement may be terminated without cause by County and for its convenience upon ten (10) days written notice tol Firm. 8.2. OTHER TERMINATION. After ten (10) days written notice to the other Party of its materiall breach ofthe. Agreement, this Agreement may bet terminatedi by the noticing Party, provided that the other Party has not taken all reasonable actions to remedy thel breach.  8.3. COMPENSATION AFTERTERMINATION  8.3.1. Int the event of termination for the convenience of County, Firm shall be paid that portion of its fees and expenses that it has earned to the date of termination, less any costs or expensesi incurred or anticipatedi tol bei incurred by County due to errors oromissions of] Firm. Upon receivingnotice oftermination, Firms shall immediately 8.3.2. In the event of termination by reason of a material breach of the Agreement by County, Firm shall be entitledt toi the same compensation asi it would! have received had County terminated the Agreement: for convenience, and Firm expresslyagrees  terminate any ongoing Services iti is toj provide hereunder.  Page7of12  18    July 15, 2024, MB#57  that said compensation is fair and appropriate as liquidated damages for any and all costs and damages it might incur as ai result ofs such termination. 8.3.3. In the event of termination by reason of a material breach of the Agreement by Firm, Firm shall be paid that portion ofi its fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred! by County duet to errors or omissions of Firm or byreason ofFirm'sbreach 8.3.4. Shouldthis Agreement bet terminated: forany reason, Coumtlyahallneverthelss have the right to require Firm to (a) turn over to County all finished or unfinished Documents and Deliverables and (b) expend such additional effort as may be necessary toj provide to the County professionally certified and sealed reports and such other information andi materials as mayl have been accumulated byl Firmi int the performance ofthis Agreement, whether completed ori inj process. IfF Firm provides such certified ands sealedi information as outlined above, Firms shall be compensated  ofthis Agreement.  in accordance with this Agreement.  8.4. SURVIVAL. Termination of this Agreement, for whatever reason, shall not terminate a Party's representations and warranties nor nullify any indemnity hereunder.  8.5. SUSPENSION  8.5.1. County may order Firm in writing to suspend, delay or interrupt all or any part of 8.5.2. Int the event Firm believes that any suspension, delay ori interruption ofthe Services ordered by County may require an extension of the duration of Services or an increase in the level ofs staffing by Firm, it shall so notify County and propose an amendment to the Agreement, which shall be effective only upon the written approval of County. Ini the event the duration of Services is extended or shortened or the level of staffing by Firm is increased or decreased, the Compensation for Basic Services may be equitably adjusted by Written Amendment. 8.5.3. A suspension, delay or interruption of the Services shall not terminate this Agreement; provided, however, that if such suspension, delay or interruption causes a suspension of Services for a period exceeding ninety (90) days, the Compensation for Basic Services may be equitably adjusted by Written  the Services for the convenience of County.  Amendment.  ARTICLE9  OWNERSHIP OF DOCUMENTS ANDDELIVERABLES  9.1.OWNERSHIP OF DOCUMENTS AND DELIVERABLES. County shall be granted, at no additional cost, ownership of all drawings, specifications, plans, surveys, reports, technical memoranda, testing protocol, designs, and other documents or instruments identified as Documents and Deliverables herein or which, by their nature, are designed to be delivered to County under this Agreement. Firm shall turn over to County in good unaltered condition, documents as described in Section 10.9 of all Deliverables prior to  Page 8of12  19    July 15, 2024, MB#57  final payment, ifi not delivered earlier hereunder, or within seven (7) days after termination ifthis Agreement is terminated: for any reason. Firm may retain one: set ofDocuments and Deliverables for its records. In the event of termination, for whatever reason, should County use drawings or other Documents or Deliverables for completion oft the Project or for any reason not related to this Project without additional compensation to the Professional, such use of Documents and Deliverables by County for other projects shall  be at the risk ofCounty.  ARTICLE 10 ADDITIONAL PROVISIONS  10.1. FORCE MAJEURE: If Firm's performance is delayed by a force majeure, Firm shall immediately, buti in no case more than: forty-eight (48) hours afters such conditions become known, notify County of the delay, the reasons therefore and the anticipated duration of any such delay. Firm's delay in the performance of Services shall be excused during the duration ofs suchi force majeure, provided Notice was timely given under this Section. 10.2.1 DISSEMINATION OF INFORMATION. County takes efforts to assure that accurate information about the County is disseminated such that neither the public trust nor the public's perception of County impartiality is compromised. Firm, mindful of those efforts, agrees that it shall not publicly disseminate any information concerning Services without prior approval of County. Any approval by County may be given with certain stipulations, such as County's participation in the creation of the public product or County'sreview: and the option to refuse ultimate release oft the final product shouldi it fail to1 meet the County's standards and goals. Publicly disseminate means buti is not limitedto electronic, video, audio, photographic or hard copy materials serving as, in whole or part, advertising, sales promotion, Firmj papers or presentations, news releases, articles, or other 103.LIMITATION ON ASSIGNMENT. Each Party. binds itself, its successors, permitted assigns and legal representatives tot the terms ofthis Agreement. Neither County nor. Firm shall assign ortransferi itsi interesti int this Agreement without the written consent ofthec other. 10.4.GOVERNING LAW. This Agreement and the duties, responsibilities, obligations and rights of respective Parties hereunder shall be governed by the laws of the State of North Carolina. Exclusive venue: for anya adversarial proceeding shalll be set int the Superior 10.5.DISPUTE RESOLUTION. No services shall be delayed or postponed pending the resolution of any dispute unless County otherwise agrees in writing. Any and all suits ora actions to enforce, interpret or seek damages with respect to any provision of, ort the performance or non-performance of, this Agreement shall be brought in the General Court of. Justice of North Carolina sitting in Catawba County, North Carolina and it is agreed by the Parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Ifand to the extent the project is subject to the dispute resolution requirement ofN.C.G.S. 143-128(f1), then Firm shall participate in the County's dispute resolution process which shall be considered part of Basic Services unless specifically  mediaj products, and/or Firm'st business collateral pieces.  Court of Catawba County, North Carolina.  agreed otherwise. herein.  Page 9of1 12  20    July 15, 2024, MB#57  10.6. EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between County and Firm and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended 10,.SEVERABILITY. If any provision of this Agreement is held as a matter of law to be void or unenforceable, the remainder ofthis Agreement shall be enforceable without such 10.8. E-VERIFY. Firm shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Further, if Firm utilizes a subcontractor, Firm shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of 10.9.PROTOCOL FOR DOCUMENTS AND DELIVERABLES. Firm shall provide all Documents and Deliverables in electronic form to the County in read-only MS-Windows compatible format (including either screen: readable. -pdfor HTMLI formats). All drawings shalll be CAD generated and: shall bej provided on electronic media downloadable onto an AutoCAD based system. In order to meet US Justice Department standards for Internet accessibility, all Deliverables (draft and: final) intended for presentation on the County of Catawba's Webs site must be provided in ai manner and format compatible, consistent, and inc compliance with all County technology standards. Such material must be provided in screen readable PDF or HTML versions, be screen-reader friendly and contain alternate text tags of no more than 34 characters. In the event that Firm notices any errors in electronicdata; providedtothe Countyunder this Agreement, Firms shalli immediatelynotify County, and if Firm provided such electronic data, Firm shall immediately replace same 10.10.NOTICE. Whenever any provision of this Agreement requires the giving of written notice, it willl be deemed1 tol have been validly given if(i) delivered in person tot thel Project Manager, if to the County, or to the Project Manager, or equivalent position, or officer/member of the entity that is the Professional, if to the Professional, or (ii) if delivered at or sent by a nationally recognized overnight courier service or overnight express mail or registered or certified mail, postage prepaid, to the County's or Firm's address. The date ofsaid notice shalll be the date ofsuch delivery or mailing.  only by Written Amendment.  provision.  thel North Carolina General Statutes.  with correct versions thereof.  County: Catawba County Attn: Facility Services Director 25 Government Drive Post Office Box 389 Newton, North Carolina 28658 and G.S. $133-32.  Firm: ADW. Architects, P.A. Attn: Phillip Steele 2815 Coliseum Centre Dr., Suite 500 Charlotte, North Carolina 28217  10.11. GIFTS AND FAVORS. Firm shall become aware of and comply with laws related to gifts and favors, conflicts of interest and the like, including G.S. $14-234, G.S. $133-1, 10.12. PUBLIC RECORDS. Firm acknowledges that records made or received in connection  Page 10of12  21    July 15, 2024, MB#57  with the transaction of public business are public records and subject to public records requests. County may provide copies of such records, including copyrighted records, in response to public record requests, except that, upon request of and indemnification by Professional, the County will not disclose records that meet all oft the requirements ofa trade secret as set forth in N.C.G.S. 66-152, that are specifically designated as a "trade secret" or "confidential" at the time of initial disclosure by contractor, and that are otherwise entitled to protection under N.C.G.S. 132-1.2(1). Firm shall make County aware of any public records requests made ini regard to Services ort this Agreement. 10.13. RESOLVING DISCREPANCES. Except as otherwise stated in the Agreement, the provisions of the Agreement take precedence in resolving any conflict, error, ambiguity or discrepancyl between the provisions of the Agreement and the Attachments and the provisions of any standard, specification, manual, code or instruction of any technical society, organization or association (collectively 'Other Standards'), provided that if any of the Other Standards impose a more stringent standard or obligation upon Firm than in the Agreement, the Other Standard shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of this Agreement and  the Other Standard.  [SIGNATURES ONI NEXT PAGE]  Page 11of1 12  22    July 15, 2024, MB#57  IN WITNESS WHEREOF, Firm and County, being duly authorized, have caused these presents  to be: signed ini their names as oft the day and year first above written.  CATAWBA COUNTY Mary Furtado, County Manager ADW. ARCHITECTS, P.A. Phillip Steele, Managing Principal  Date:  Date:  THIS INSTRUMENT has been preaudited. ini the manner: required by the Local Government  Budget and Fiscal Control Act as amended.  Date:  Mary Morrison, Chief Financial Officer Account Number: 410400100.98800-13901 Amount: $814,000.00  APPROVED. ASTOI FORM:  Date: Date:  Jodi Stewart, County Attorney Jake Robinson, Risk Manager  Page 12of12  23    July 15, 2024, MB#57  adwarchitects environmentsforlife architecture planning interiors  Attachment A  April 25, 2024 John Cameron Facilities Services Director 25 Government Drive Post Office Box 389 Newton, North Carolina 28658 A&E Services Proposal  Re: Catawba County Agricultural Resource Center & Catawba Rosenwald Education Center  Dear. John;  ADW Architects is pleased to provide you this proposal to provide Architectural and Engineering Services for the renovations on the existing CVCC East Campus Building for Catawba County Agricultural Resource Center & Catawba Rosenwald Education Center. We will provide Architectural and Engineering Basic Services as per the American Institute of Architects Standard Form of Agreement Between Owner and Architect B101-2017. Our Basic Services Lump Sum Fee for this project, including all Phases of work, would be $814,000 for Architectural Services, Structural Engineering, Mechanical Engineering, Electrical Site/Civil Engineering and Professional Cost Estimating Services are not included as Basic Services in the B101-2017 Contract and are considered Additional Services that require an Additional Fee. We will modify the Contract such that we can include these Services with-in our  Engineering and Plumbing Engineering Services.  Basic Services Fee. Architectural Services Site/Civil Engineering Structural Engineering MEP Engineering Design Services Professional Cost Estimating Services  Our Basic Services Fee would be apportioned as follows;  $630,600 $1,500 $10,000 $154,000 $12,200  There is an Additional Service that is not included in a Basic Services Contract that you have requested we provide. That Service and corresponding Fee would be as follows;  1Page  24    July 15, 2024, MB#57  adwarchitects environmentsforife architecture planning interiors  Audio/Video Systems Design Services $5,700  AE Global Media would providet these Services andt their Scope ofServices is asi follows; Prepare working drawings and specifications for the Audio/Video Systems Design only in the Main Systems block line drawings showing the integration and connection of the designed Provide drawings showing the layout and specifications for the low voltage control and Provide drawings showing the electrical loads and structural weights and locations for  Auditorium toinclude; equipment  List ofequipment with model numbers included in the design Preliminary budget for the system designed Analyze the room acoustics and provide recommendations signal conduit, junction troughs, wall boxes and floor boxes the equipment proposed to be installed A. Drawing printing B. Project Manual Printing (Specifications) D. Newspaper Ads for Bidding F. FedEx or rush delivery  The following expenses would be considered reimbursable and are not part of our Fee. C. Postage and Handling ofPermitting and Bid Documents only E. Mounting, foam core, etc. for Owner requested presentation drawings G. Regulatory application fees, filing fees, review fees, permit fees, etc. Expenses for mileage associated with the project have beeni included in thel Fee.  Therefore, our total Fee proposal is as follows; Basic Services Fee Additional Services Fee $ 5,700 Total Fee  $808,300 $814,000  Because of our experience completing these types of facilities, we believe this Fee is commensurate with the Professional Services that are needed toj provide a successful project. 1. This Proposal is based on thel Pre-Design Study work previously completed for this project.  This Basic Services Feei is based on1 the following Project Scope;  2Page  25    July 15, 2024, MB#57  adwarchitects environmentsforlife architecture planning interiors  2. This Fee is based on the design and to work with Catawba County and Catawba County Schools to renovate the existing CVCC East Campus Building for Catawba County Agricultural Resource Center & Catawba Rosenwald Education Center with associated site 3. This Feei is based on using thet traditional. design/bid/build project delivery method. 4. The Fee is based on providing a 3D Revit model from the 2D scanning services from the 5. This Feei includes implementation of some basic Sustainable Design Principles, but not LEED 6. Professional Cost Estimating Services will include estimates at the end of the combined Schematic Design Development phase, and Construction Documents phase ofthe project. 7. This Fee is based on a 12 month construction duration. This Fee includes the following Construction Contract Administration site visits for the 12 month construction duration; Architectural Weekly site visits when substantial work is being done on-sité. These visits willi include written reports with photographs of the job progress. Structural Engineering- up to 2 site visits and MEP: Engineering- up to 48 site visits. These visits will include written reports withj photographs ofthej jobj progress. Ift the construction duration exceeds 12 months, we can provide Construction Contract Administration Site Visits as Additional Services on anl hourly basis, per site visit basis, or a mutually agreed upon lump sum: fee. 8. This Fee includes meeting with the Board of Commissioners to review the progress of the design. This Fee also includes all project team meetings needed throughout the Design 9. BIM (Building Information Modeling) software program Revit may be used by ADW on this 10.1 Building Commissioning will include Building Code required items only and the requirements for this Commissioning will be provided in the Contract Documents. The General Contractor will provide these Commissioning Services within the Construction  improvements and a construction cost ofupt to $8,605,481,  Owner's consultant. Certification Design Services.  Phases oft the project.  project. If used, the level willl be! LOD300.  Contract.  3Page  26    July 15, 2024, MB#57  adwarchitects environmentsforlife architecture planning interiors  The following Services are noti included in our Fee, as they are typically provided by the Owner; Cabling and Active Systems Design/Engineering for Telecom/Data/AV Security/CCTV Systems (infrastructure design for conduit, boxes and pull strings is included: in Basic  Services) RCDD: Design Services Site Surveying Landscape Architecture Geotechnical Engineering Special Inspections  Independent Construction Materials & Compaction Testing Furniture Dagbatdlowhpotrmen Environmental Assesment/angineering and Impact Statements Existing Building Documentation Hazardous Material Identification Our Consultants would be as follows; Site/Civil Engineering Clayton Engineering & Design, PLLC 1209 9th Avel NE Hickory, NC 28603 Structural Engineering STEWART 200S. College St., Suite 720 Charlotte, N.C. 28202 Mechanical, Electrical & Plumbing Brittain Engineering 563rd Stl NW# #2 Hickory, NC 28601 Audio/Video Systems Design AE Global Media, Inc. 2540 Beltway Blyd Charlotte, NC28214  4Page  27    July 15, 2024, MB#57  adwarchitects environmentsforlife architecture planning interiors  Professional Costl Estimator R.M. Rutherford & Associates, Inc. 33281 Milll Pond Road Charlotte, N.C. 28226  John, we appreciate the opportunity toj provide this proposal. Ifs youl have any questions, please  doi notl hesitate to contact us. We look forward to starting this project.  Sincerely, ADW Architects  Phillip Steele Managing Principal 2815 Coliseum Centre Dr., Suite 500 Charlotte, NC 28217 Ptcdle@mdwarchiecti.com  5Page  28    July 15, 2024, MB#57  e. The Finance and Personnel Subcommittee recommended the Board of Commissioners authorize the County Manager to sign an agreement with North Carolina Department of Transportation committing Catawba County to fund its local share of project costs for a multi-use path along the NC 150 Highway bridge (Lake Norman main stem) between Catawba and Iredell counties, and appropriate $850,000 to In 2010 Catawba County adopted the Carolina Thread Trail (CTT) Plan, becoming one of 15 counties in the western piedmont to endorse the goal of connecting people and places through establishment of greenways, trails, sidewalks and blueways. NC 150 Highway, traveling through Catawba and Iredell counties, is one of the CTT corridors established through the CTT to achieve such connectivity. Recognizing the adopted plan and corridor, the North Carolina Department of Transportation has designed the widening of NC 150 Highway to include a 10-foot wide paved multi-use path from Little Mountain Road in Catawba County to Perth Road in Iredell County along the north side of the highway. From Perth Road, the sidewalk continues In 2016, preliminary drawings depicting the multi-use path were presented at NCDOT public comment meetings. Also in 2016, Catawba County submitted al letter of commitment provide local funding required for requested bicycle and pedestrian improvement, although the total amount of required local share was unknown at that time, "allow(ing) NCDOT and Catawba County to proceed in good faith with finalizing The widening of NC 150 Highway (project R2307B) from Greenwood Road in Catawba County to NC 21 Highway is anticipated to leti in fall of2024. The project includes constructing a newly designed bridge with a wider design to account for a bike and pedestrian path separated from vehicular traffic. NCDOT is now seeking formal commitment via signed agreements with local jurisdictions participating in funding the multi- Due to population, NCDOT's Complete Streets Policy guidelines establishes a 20% match for Catawba County. The attached agreement identifies Catawba County's participation at an estimated $830,646. Staff recommends moving forward with formalizing the County's commitment to support installation of a multi-use path along the NC 150 Highway bridge because it is unlikely this opportunity will ever arise again,  support this project.  on the north and south sides of the highway to NC 21 Highway in Mooresville.  designs for the project to include the proposed bicycle and pedestrian amenities."  use path on the bridge.  NCDOT's portion of the cost is estimated at $3,320,216.  and multi-modal connectivity is an important contributor to overall quality of life.  SUPPLEMENTAL APPROPRIATION Revenue: 110-190050-690100 410-460100-695110 Expense: 110-190900-995410 41046070.98900-18035 The following agreement applies:  Fund Balance Appropriated From General Fund  $850,000 $850,000 $850,000  Transfer to General Capital Projects $850,000  Multi-Use Path /E Bike Lane  29    July 15, 2024, MB#57  ACCOUNTS RECEIVABLE  TIP. AGREEMENT-ADDITIONAL WORK  CONTRUCTION 1000013465 1000013686  AGREEMENT OVERVIEW  NORTH CAROLINA CATAWBACOUNTY PARTIES TO THE AGREEMENT: NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AND CATAWBACOUNTY  DATE: 7/3/2024 TIP#: R-2307B 1-5717 CON 37944.3.4  PROJECT NUMBERS:  WBS ELEMENTS: ROW 37944.2.4  The purpose of this Agreement is to identify the participation in project costs, project delivery and/or maintenance, by the other party to this Agreement, as further defined int this Agreement. SCOPE OF TIP PROJECT ("Project"): The Project consists of widening NC 150 to multiple lanes from SR 1840 (Greenwood Road) in Catawba County to US21 in Iredell County (includes ADDITIONAL WORK: This Project consists of the construction of the widening of a bridge and the installation of special parapet and additional right of way (permanent easement) associated  I-5717).  with multi-use path along NC 150.  ESTIMATED COSTS TO CATAWBA COUNTY: $830,646  PAYMENT TERMS: Catawba County will submit payment upon execution of agreement.  MAINTENANCE: Catawba County EFFECTIVE DATES OF AGREEMENT: START: Upon Full Execution of this Agreement END: When worki is complete and all terms are met.  This Agreement is made and entered into on the last date exeçuted below, by and between the North Carolina Department of Transportation, an agency of the State of North Carolina, hereinafter referred to as the Department and Catawba County, hereinafter referred to as the  County; and collectively referred to as the Parties.  1  30    July 15, 2024, MB#57  ACCOUNTS, RECEIVABLE  TIP. AGREEMENT-ADDITIONAL WORK  CONTRUCTION 1000013465 1000013686  The Parties to this Agreement, listed above, intend that this Agreement, together with all attachments, schedules, exhibits, and other documents that both are referenced in this Agreement and refer to this Agreement, represents the entire understanding between the Parties with respect to its subject matter and supersedes any previous communication or agreements  that may exist.  WHEREAS STATEMENTS  WHEREAS, this Agreement is made under the authoritys granted to the Department byt the North Carolina General Assembly under General Statutes of North Carolina (NCGS), particularly WHEREAS, the Department and the County have agreed that the jurisdictional limits of the Parties, as oft the date ofentering the agreement fort the above-mentioned project, are to be used in determining the duties, responsibilities, rights, and legal obligations of the Parties hereto for WHEREAS, the County has requested that the Department perform all phases of said work or WHEREAS, the Parties hereto wish to enteri into an agreement for scoped work to be performed or provided by the Department (including reviews, goods, or services) with reimbursement for NOW, THEREFORE, this Agreement states the promises and undertakings of each party as herein provided, and the Parties do hereby covenant and agree, each with the other, as follows:  Chapter 136-66.1 and 136-66.3; and,  the purposes of this Agreement; and, provide services; and,  the costs thereof by the County as hereinafter set out; and,  II. RESPONSIBILITIES  A. DEPARTMENT  The Department shall be responsible for all phases of project delivery to include planning, design, right of way acquisition, utility relocation, and construction as shown int the PROJECT  DELIVERY Provision. B. COUNTY  The County shall be responsible for maintenance as shown in the PROJECT DELIVERY Provision and payment as shown in the COSTS AND FUNDING Provision.  2  31    July 15,2024, MB#57  ACCOUNTS RECEIVABLE  TIP. AGREEMENT-ADDITIONAL WORK  CONTRUCTION 1000013465 1000013686  II. PROJECT DELIVERY REQUIREMENTS  A. PLANNING, DESIGN, AND CONSTRUCTION  The Department will be responsible for preparing the environmental and/or planning The Department will be responsible for preparing the project plans and specifications and ii. The Department shall construct the Project in accordance with the plans and specifications for the Project. The Department shall administer the construction contract for said Project. All work shall be done in accordance with Departmental standards,  document and obtaining any environmental permits. letting the Project to construction.  specifications, policies, and procedures. B. RIGHT OF WAY. ACQUISITION  The Department will be responsible for acquiring any needed right of way required for the Project in accordance with the policies and procedures setf forthi ini the North Carolina Right of Itis understood that there are no municipaly-owned water and sewer lines to be adjusted or relocated at this time. If during the project it becomes necessary to adjust or relocate municipaly-owned water and/or sewer lines, a separate Utility Agreement will be prepared at  Way Manual. Responsibilities  the appropriate time. C. MAINTENANCE Upon completion of the Project: use path.  The County shalll be responsible fort the maintenance oft thes special parapet witht the multi- li. The Department shall be responsible for all traffic operating controls and devices which shall be established, enforced, and installed and maintained ina accordance with the North Carolina General Statutes, the latest edition of the Manual on Uniform Traffic Control Devices for Streets and Highways, the latest edition oft the' "Policy on Street and Driveway ii. The roadway improvements that are within state-owned right of way shall be considered a_part of the State Highway System and shall be owned and maintained by the  Access to North Carolina Highway," and department criteria.  Department.  3  32    July 15, 2024, MB#57  ACCOUNTS: RECEIVABLE  TIP. AGREEMENT-, ADDITIONAL WORK  CONTRUCTION 1000013465 1000013686  IV. COSTS AND FUNDING  A. ADDITIONAL WORK  At the request of the County and in accordance with the Department's Pedestrian Policy Guidelines or the Complete Streets Guidelines, the Department shall include provisions ini its construction contract for the construction of pedestrian facilities and/or other additional work as indicated in the Table below. Said work shall be performed in accordance with the Department's policies, procedures, standards, and specifications, and the provisions of this  Agreement. Description Right ofV Way Total Estimated Cost to County this is ane estimated cost ands subject to change.  Cost to County $ 830,216 $ 430 $ $830,646  Construction of extray width of bridge with special parapet  The estimated County share oft the additional worki is $830,646. The Parties understand that  B. PROJECT COSTS  The County has agreed to participate int the Project costs as follows:  The estimated cost of the additional work is $4,153,230. The County shall participate in 20% of the actual costs of the Project. The Department shall participate in 80% of the actual cost of the Project. Both Parties understand that this is an estimated cost and is The Department may consult with the County on changes to cost estimates prior to construction, or changes to costs during construction. Consultation between the Department and the County is offered as a courtesy to apprise the County of potential cost increases and to allow appropriate budgeting. Failure of the Department to notify the County of cost increases does not affect the payment terms oft the agreement. Based ont the estimated cost of $830,646 the County shall submit payment for $830,646 tot the Department's Fiscal Section upon full execution of this Agreement in accordance Upon completion of the Project, if actual costs exceed the amount of the down payment, the County shall reimburse the Department any underpayment within sixty (60) days of invoicing by the Department. The Department will charge a late payment penalty and  subject to change.  C.F PAYMENT BY THE COUNTY  with the attached' Remittance Guidance".  4  33    July 15,2024, MB#57  ACCOUNTS RECEIVABLE  TIP. AGREEMENT-, ADDITIONALWORK  CONTRUCTION 1000013465 1000013686  interest on any unpaid balance due in accordance with G.S.1 147-86.23. Ifthe actual cost of the work is less than $830,646, the Department will reimburse the County any  overpayment.  V. STANDARD PROVISIONS  A. AGREEMENT MODIFICATIONS  Any modification to scope, funding, responsibilities, or time frame will be agreed upon by all  Parties by means of a written Supplemental, Agreement. B. ASSIGNMENT OF RESPONSIBILITES  The Department must approve any assignment or transfer of the responsibilities of the  County set forth int this Agreement to other parties ore entities. AGREEMENT FORI IDENTIFIED PARTIES ONLY  This Agreement is solely for the benefit of the identified Parties to the Agreement and is not intended to give any rights, claims, or benefits to third parties or to the public at large. The County is solely responsible for all agreements, contracts, and work orders entered into or issued by the County to meet the terms of this Agreement. The Department is not responsible for any expenses or obligations incurred for the terms of this Agreement except those specifically eligible for the funds and obligations as approved byt the Department under  D.OTHER. AGREEMENTS  thet terms of this Agreement.  E. TITLE VI  The other party to this Agreement shall comply with Title VI of the Civil Rights Act of 1964 (Title 49 CFR, Subtitle A, Part 21) and related nondiscrimination authorities. Title VI and related authorities prohibit discrimination ont the basis of race, color, national origin, disability, gender, and age in all programs or activities of any recipient of Federal assistance.  F. E FACSIMILE  A copy or facsimile copy of the signature of any party shall be deemed an original with each fully executed copy oft the Agreement as binding as an original, and the Parties agree thatt this Agreement can be executed in counterparts, as duplicate originals, with facsimile signatures sufficient to evidence an agreement to be bound by the terms of the Agreement.  5  34    July 15, 2024, MB#57  ACCOUNTS. RECEIVABLE  TIP AGREEMENT- ADDITIONAL WORK  CONTRUCTION 1000013465 1000013686  G. AUTHORIZATION TO EXECUTE  The Parties hereby acknowledge that the individual executing this Agreement has read this Agreement, conferred with legal counsel, fully understands its contents, and is authorized to execute this Agreement and to bind the respective Parties to the terms contained herein. Itist the policy of the Department not to enter into any agreement with parties that have been debarred by any government agency (Federal or State). By execution of this agreement, the County certifies that neither it nor its agents or contractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation int this transaction by any Federal or State Agency or Department and thati it will not enter into agreements with any entity that is debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction. Tot the extent authorized by state and federal claims statutes, the County shalll be responsible for its actions under the terms oft this agreement and save harmless the FHWA (if applicable), the Department, and the State of North Carolina, their respective officers, directors, principals, employees, agents, successors, and assigns from and against any and all claim for payment, damages and/or liabilities of any nature, asserted against the Department in connection with said actions under the terms of this Agreement. The Department shall not be liable and shall be held harmless from any and all third-party claims that might arise on account oft the County's negligence and/or responsibilities under thet terms oft this agreement. Allt terms and conditions oft this Agreement are dependent upon, and, subject to the allocation of funds for the purpose set forth in the Agreement and the Agreement shall automatically  H. DEBARMENT POLICY  INDEMNIFICATION  J. AVAILABILITY OF FUNDS  terminate if funds cease to be available.  K. DOCUSIGN  The Department and County acknowledge and agree that the electronic signature application DocuSign may be used, at the sole election of the Department or the County, to execute this Agreement. By selecting "Agree", "I Accept", or other similar item, button, or icon via use of a keypad, mouse, or other device, as part of the DocuSign application, the Department and County consent to be legally bound by the terms and conditions of Agreement and that such act constitutes Department's signature as ifactually signed by the Department inv writing ort the County's signature asi ifa actually signed byt the County in writing. The Department and County also agree that no certification authority or other third-party verification is necessary to validate its electronic signature and that the lack of such  6  35    July 15, 2024, MB#57  ACCOUNTS. RECEIVABLE  TIP. AGREEMENT-ADDITIONAL WORK  CONTRUCTION 1000013465 1000013686  certification or third-party verification will not in any way affect the enforceability of its electronic signature. The Department and County acknowledge and agree that delivery of ac copy of this Agreement or any other document contemplated hereby through the DocuSign application, will have the same effect as physical delivery of the paper document bearing an  original written signature. GIFT BAN  By Executive Order 24, issued by Governor Perdue, and NCGS 133-32, iti is unlawful for any vendor or contractor (i.e. architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), to make gifts or to give favors to any State employee of the Governor's Cabinet Agencies (i.e. Administration, Adult Corrections, Commerce, Environmental Quality, Health and Human Services, Information Technology, Military and Veterans Affairs, Natural and Cultural Resources, Public Safety, Revenue, Transportation, and the Office of the Governor).  7  36    July 15, 2024, MB#57  ACCOUNTS! RECEIVABLE  TIP. AGREEMENT- - ADDITIONAL WORK  CONTRUCTION 1000013465 1000013686  SIGNATURE PAGE  IN WITNESS WHEREOF, this Agreement has been executed the day and year heretofore set out, on the part of the Department and the County by authority duly given.  (DOCUSIGN ONLY)  Authorized Signer: Print Name: Title: Date Signed:  Ifapplicable, this Agreement has been pre-audited int the manner required by the Local Government Budget and  Fiscal Control Act:  Catawba County FED TAXIDNO: REMITTANCE ADDRESS:  Finance Officer: Print Name: Date Signed:  DEPARTMENT OF TRANSPORTATION  BY: TITLE: DATE:  APPROVED BYE BOARD OF TRANSPORTATION ITEMO:  (DATE)  8  37    July 15, 2024, MB#57  ACCOUNTS! RECEIVABLE  TIP AGREEMENT-/ ADDITIONAL WORK  CONTRUCTION 1000013465 1000013686  9  38    July 15, 2024, MB#57  ACCOUNTS RECEIVABLE  TIP AGREEMENT- ADDITIONAL WORK  CONTRUCTION 1000013465 1000013686  SIGNATURE PAGE  IN WITNESS WHEREOF, this Agreement has been executed the day and year heretofore set out, on the part of thel Department and the County by authority duly given.  (INK SIGNATURES ONLY)  ATTEST: BY: TITLE:  Authorized Signer: Print Name: Title: Date Signed:  Ifapplicable, this Agreement has been pre-audited int the manner required by the Local Government Budget and  Fiscal Control Act:  Catawba County FED TAXI IDI NO: REMITTANCE ADDRESS:  Finance Officer: Print Name: Date Signed:  DEPARTMENT OF TRANSPORTATION  BY: TITLE: DATE:  APPROVED BY BOARD OF TRANSPORTATION ITEM O:  (DATE)  10  39    July 15,2024, MB#57  ACCOUNISRICEIVABLE  TIP AGREEMENT-ADDITIONALWORK  CONTRUCTION 1000013465 1000013686  11  40    July 15, 2024, MB#57  f. The Finance and Personnel Subcommittee recommended the Board of Commissioners accept and appropriate a $125,000 NC Department of Public Safety grant for medically assisted treatment for support of MAT services in the detention center; and authorize the County Manager to execute the required grant The Catawba County Sheriff's Office has been awarded a grant through the NC Department of Public Safety in the amount of $125,000 to enhance medically assisted treatment (MAT) services within the detention facility. Grant funds will be used to provide specific medications focused on the treatment of addiction. Int the first quarter of 2024, the detention center booked 1,484 new inmates, with 193 undergoing substance use detox. The MAT program was started in 2022 as a pilot program and has proven to be successful, providing services to 149 individuals. FDA approved medications specific to treating addiction are demonstrating increased efficacy allowing for greater opportunity for long-term recovery. Grant funding will be used to purchase these specific medications to support MAT services. The County will have up to 36  agreement and any associated documents.  months to expend the funds. Supplemental Appropriation Revenue 110-220050-630660 Expenditure 110-220050-849121  MAT State Grant MAT State Grant  $125,000 $125,000  g. The Policy and Public Works Subcommittee recommended amending Chapter 42, specifically sections 42-59 and 42-110, to remove specific references to 15A NCAC 18A.1900, which has been repealed, and replace them with a general reference to "15A NCAC, as amended". The current information is contained This technical correction will minimize the need for future amendments to this Chapter driven by statutory  elsewhere in 15A NCAC 18A andi in 15A NCAC02T. .0114.  reference changes. The following ordinance applies:  41    July 15, 2024, MB#57  ORDINANCE NO. 2024-5  BEITO ORDAINED, that the Catawba County Code of Ordinances, Chapter 42, be amendedi tor read as  follows:  Chapter 42, Water and Sewer ARTICLEL IN GENERAL Sec. 42-1. Sewer use.  (a) Through individual contracts with municipalites, the county provides wastewater treatment facilities to both residential and business property owners in unincorporated areas oft the county. Each wastewater treatment facility is operated pursuant to a municipal ordinance createdi inc conformance with applicable laws and approved by the appropriate controlling state agency. (b) Every property owner whose property is connected to a municipality's wastewater treatment: system, pursuant tot the county's contract with the municipality, is subject to all applicable terms and conditions of the municipality's sewer use ordinance, whichi is adopted by the county and (Ord. No. 2006-07, 6-15-2006; Ord. No. 2017-11, 9-18-2017; Ord. No. 2020-17, 10-19-2020; Ord No.  incorporatedi int this section by reference.  2024-5, 7-15-2024) Sec. 42-2. Definitions.  The followingy words, terms and phrases, when usedi int this division, shall havet the meanings ascribed tot them int this section, except where the context clearly indicates a different meaning: Agncultura/hoticulura well means a system for providing potable well water or groundwater, for the purposes of agriculture and residential, commercial, or industrial lawn care. Availability charge means a county and/or municipal fee for wateri infrastructure maintenance. Board ofc commissioners or board meanst the Catawba County Board of Commissioners. Capital improvement, plan (CIP) is a multi-year schedule, updated eachy year with the county's Eligible refund means that portion of the project cost qualified for reimbursement tot the petitioner in Engineering feer means fees for engineering review and project observation for residential and commercial subdivision and development set in accordance with as schedule adopted by the board. Extension means any water or waste water line segment whichi is necessaryt to connect water or Extension, permitr means the permit issued by the county and, where applicable, a municipality to Geothermal well means a well-usedi top provide water to a system whiche employs groundwater for the Gravity sewer means a conduit using the energy resulting from the difference ine elevationt to remove Immediate. family members means direct lineal family members, including children, grandchildren, greatgrandchidren, father, mother, grandmother, grandfather and respective spouses.  budget, fort funding and constructing new water and sewer projects. Customer charge means af fee for servicing customer accounts.  accordance with this chapter.  waste water service to ane existing water or waste water line. allow and regulate the extension of water and/or waste water infrastructure. Force mainr means a pressurized: sewer pipe that conveys wastewater.  sole purpose of cooling and heating a structure.  sewage.  42    July 15, 2024, MB#57  Major subdivision! is definedi in Catawba County's Unified Development Ordinance pertainingt to Minor subdivision is definedi in Catawba County's Unified Development Ordinance pertaining to Nonresidential means commercial, industrial, institutional, or agricultural land use. Petitioner means the person applying for a water and/or waste waterl line extension orv well and/or Potable well means groundwater which does not contain foreign materials exceeding the Private well water supply means any water supply furnishing potable watert to no more than two residences or one in-home business. For immediate family members, three connections may be permitted Public well system means as system for the provision tot the public of piped water for human consumption ifthes system serves 15 orr more service connections or regularly serves 25 or more individuals. The term (1) Any collection, treatment, storage, and distribution facility under control oft the operator of such (2) Any collection or pretreatment storage facility not under the control oft the operator oft the Revenue. sharing liner means a water line or av waste water line owned and constructed! by the county Revolving loan line means a water line or waste water line outside constructed through the county program, offering! lowi interest loanst to fund extensions of utility services within the county as specifiedi in Semipublic well system means a water supply that provides water for thep purpose of human consumption fori threet to 14 service connections and less than 25 people that does not meet the definition Served by waterr means the water line is adjacent tot the property and no municipal/county water-line Subdivision! is any division ofl land as defined byt the county's unified development ordinance. System development fee means an upfront fee charged byt the water and sewer utility as calculated User fee means ar municipal feet for water consumption that incorporates infrastructure maintenance Utility investment: advisory committee (UIAC) means as standing committee fori the purpose of vetting and recommending: ac county-wide multi-year water and sewer investment plan tot the board. The committee shall have no legal responsibilities andi is formed to advise the board. Itc cannot compel the  subdivisions. subdivisions. septict tank permit.  groundwater quality standards specified in the state administrative code.  as a private well water supply. includes thet following:  system and usedp primarily in connection with suchs system; and system whichi is used primarily inc connection with such system.  ina agreement with a municipality as specified in Article IV.  Article IV.  for ap public water system.  extensions are requiredt to get tot the property. Sewer means waste water. inc compliance with G.S. 153A-277(a2). and the cost top produce potable water. Boardt to act oni its recommendations. Waste water means sewer.  Volume charge means ar municipal fee based onv water consumption.  Waste wateri improvement means anyi improvement made to existing waste water infrastructure. Wastev wateri infrastructure means any plant, storage facility, pump station, line, meter or related  materials and equipment for the collection andt treatment of waste water.  43    July 15, 2024, MB#57  Waste water line means ap pipe which transmits waste water from consumers to waste water Waste water mainr means any waste water line serving an area sizeda and located so that additional service connections, beyond the limits of any associated development can be madey without lowering the Wastey water tapi fee means a municipal fee for connecting waste water servicet to a waste water Water improvement means any improvement madet to existing water infrastructure. Water infrastructure means any plant, storage facility, line, meter or related materials ande equipment Water line means ap pipe whicht transmits watert to users and connects toi individual water meters. Water mainr means any water line serving an area sized and! located sot thata additional service connections beyond the limits of any associated development can be made without lowering the level of Water tap feer means a municipal feei for connecting waters service to a water main or water line. (Ord. No. 2006-07, 6-15-2006; Ord. No. 2017-11, 9-18-2017; Ord. No. 2020-17, 10-19-2020; OrdNo.  treatment facilities. level ofs service. main or waste water line.  fori the delivery of safe drinking water to consumers.  service. 2024-5, 7-15-2024)  Cross eferencet)-Delintions generally, $1 1-2. Secs. 42-3-42-30. Reserved. ARTICLE H. EXTENSION OF WATER. SERVICE DIVISION 1. GENERALLY Sec. 42-31. Legislative authority. 2024-5, 7-15-2024) Secs. 42-32-42-56. Reserved. DIVSION2. WATER EXTENSIONS Sec. 42-57. Purpose and applicability.  This division is enacted pursuant to G.S. 153A-121-124: and 153A-284.  (Ord. No. 2006-07,6-15-2006; Ord. No. 2017-11, 9-18-2017; Ord. No. 2020-17, 10-19-2020; Ord No.  This division establishes the regulations for extension of water service int the county and applies to all county-owned revenue: sharing and revolving loan program lines. The county will extend water (Ord. No. 2006-07, 6-15-2006; Ord. No. 2017-11,9-18-2017; Ord. No. 2020-17, 10-19-2020; Ord No.  infrastructure according to thet terms and conditions int this division.  2024-5, 7-15-2024) Sec. 42-58. Reserved. Sec. 42-59. Procedures and standards. (a) Requirements for water connection are:  44    July 15, 2024, MB#57  (1) Any existing property owner with a residential dwelling anda any existing nonresidential property owner with al business establishment willr not ber required to connectt to wateri infrastructures, a. Ther residential dwelling or business establishment is connected' to a properly functioning The residential dwelling or business establishment is connectedi to a private welly water C. The residential dwelling or business establishment qualifies for a permit from the county environmental health department' to construct ana approved replacement well. Those not meeting these conditions will be required to connect to water infrastructure, where available, within 30 days after noticef from Catawba County Environmental Health. Availability is determined based ont table 11 for residential or table 2f for nonresidential. (2) Where a residential orr nonresidential structure is being replaced or renovated: and ane existing well is located ont the property, the replacement or renovated: structure shall be allowedto connect tot the existing well providedt the well location is approved for use by Catawba County (3) Allr new residential development, includingr major and minor subdivisions, must connect to water infrastructure where available. Alll major andi minor subdivisions must connect priort to final plat approval; however, pursuant to the county's unified development ordinance pertaining tos subdivisions, a performance guarantee may be posted in lieu of completion of all or part of required improvements prior toi final plat approval. Where no suchp performance guarantee is posted, all connections must be made before a permit willl bei issued. All connections will be made at no expense tot the county. Availability is determined based ont table 1.  provided:  public or semipublic potable well infrastructure;  supply; or  Environmental Health.  Table 1  Maximum Number of Per Zoning 1 2-9 10-25 26-50 51-75 76-100 101--200 201-300 301+  Distance from Nearest Property Line as Determined by Catawba Abutting the property and/or right-of-way: and provided the structure beings servedi is not more than 250f feet from the waterl line. However, structures more than 250f feet from the water line may connect.  Lots/Dwelling Units Allowed County Utilities &E Engineering, measured: along publicly dedicated or  NCDOT maintained roadways  250ft. 1,000ft. 2,000ft. 3,000ft. 4,000ft 5,280ft. (1 mile) 15,840ft. (3 miles) Must extend water infrastructure  (4) The owner of any property that has a water source that is, or becomes, contaminated andi is served by a water line must connect tot the public water line. Contamination is defined in accordance witht thes state department of environmental quality laws and regulations andi is intended to cover onlyt those contaminants that present a healthi issue for the human  45    July 15, 2024, MB#57  population. Water sources include, but are not limited to, potable well, private well water supply, public well system and semipublic well system. "Served! bya ay water line,"r means the water line is adjacent tot the property and no municipal/county water-line extensions are requiredt to get tot the property. Owners who connect tot the public water line within 30 days of the identification oft the contamination will receive a 50 percent discount ont the county's regular (5) All new nonresidential development, including major and minor subdivisions, must connect to water infrastructure where available. Availability is determined based ont table: 2. Daily flow for nonresidential development is determined based on! NCDEQI Laws and Rules for Sewage Treatment: and Disposal Systems, section 15AI NCAC, as amended. The requirements of the NCDEQ Laws and Rules for Sewage Treatment and! Disposal Systems may! be obtained from thec county environmental health department. Dailyf flow for establishments noti identified are determined using available flow data, water-usingt fixtures, occupancy or operation patterns, and other measured data. All connections must ber made at no expense tot the county. Average Water Consumption Based on Distance from Nearest Property! Line as Determined by NCDEQ Administrative Code Section 15A Catawba County Utilities & Engineering, measured  connection fees.  Table 2  NCAC, as amended (Gallons per Day)  along publicly dedicated orl NCDOT maintained  roadways 200ft. 500ft. 2,000ft. 3,000ft. 4,000ft. Muste extend wateri infrastructure  130-259 260-1,299 1,300-3,379 3,380--6,629 6,630--9,999 10,000+  (6) One water meteri is required for each customer or water user.  (7) County may require installation of water pipe above the minimum: size required, with county (8) Alle extensions performed as part of new development must extendi the length oft the property's (9) Property owners whor require capital improvement plan (CIP) projects sooner thant the yeari in whicht they are funded by the county mays seek county approval to advancei the project schedule at the property owners' expense through a negotiated contract. Int these instances, property owners will be reimbursed, througha a negotiated contract, project expenses using (10) All water line extensions must be designed to the specifications and requirements oft the (Ord. No. 2006-07, 6-15-2006; Ord. No. 2017-11,9-18-2017; Ord. No. 2020-17, 10-19-2020; Ord No.  payingi incremental cost difference. road frontage, where applicable.  utility! line-specific revenue fromi the project that was advanced.  service provider. 2024-5, 7-15-2024) Secs. 42-60--42-84. Reserved. DIVISION: 3. FIRE HYDRANT INSTALLATION  46    July 15, 2024, MB#57  Sec. 42-85. Guidelines. existing hydrants alreadyi ins service: specifications.  Thet following guidelines shall apply tot the installation of all new fire hydrants and the replacement of (1) Allhydrants shall be installed ina accordance with the water utility provider's standards and (2) Hydrants shall be located as close as possible tos streeti intersections ora areas of direct vehicular access. Larger industrial commercial or multifamily developments may require additional hydrants to compensate for long! hose lays and/or greater water demand. (3) Hydrants should be located closet to street access tot facilitate easy hookup. (4) Hydrants located in areas designated for parking shall be afforded: some type of protection (5) Hydrants shall be located at least four feet from anys solid object, sucha as a power pole, tree, building, and dumpster that may hinder access and use oft the hydrant. (Ord. No. 2006-07, 6-15-2006; Ord. No. 2017-11, 9-18-2017; Ord. No. 2020-17, 10-19-2020; OrdNo.  from collision of vehicular traffic.  2024-5, 7-15-2024) ARTICLE III. EXTENSION OF SEWER SERVICE DIMISION 1. GENERALLY Sec. 42-86. Legislative: authority. 2024-5, 7-15-2024)) Secs. 42-87--42-107. Reserved. DMVISION. 2. SEWER EXTENSION Sec. 42-108. Purpose and applicability.  This divisioni is enacted pursuant to G.S. 153A-121--124: and 153A-284.  (Ord. No. 2006-07, 6-15-2006; Ord. No. 201741,9482072.0dN0. 2020-17, 10-19-2020; OrdNo.  This division establishes regulations for the extension of sewer servicei int the county and applies to all county-owned revenue sharing andr revolving! loan program! lines. The county will extend sewer (Ord. No. 2006-07, 6-15-2006; Ord. No. 2017-11, 9-18-2017; Ord. No. 2020-17, 10-19-2020; Ord No.  infrastructure according tot the terms ando conditions int this division.  2024-5, 7-15-2024) Sec. 42-109. Reserved. Sec. 42-110. Procedures and standards. (a) Requirements for sewer connection are:  (1) Any existing property owner with a residential dwelling and any existing nonresidential property owner with a business establishment will not be required to connect to sewer infrastructures, provided: (1)t ther residential dwelling or business establishment is connected toa a properly functioning on-site septic system; or (i)t the residential dwelling or business establishment is connected to at functioning, permitted private sewer treatment facility. Those not meeting these conditions willl be requiredt to connect tos sewer infrastructure, where available, within 30 days after notice from the county environmental health department. Availability will be determined based ont table 3f for residential uses ort table 41 for nonresidential uses.  47    July 15, 2024, MB#57  (2) Where ar residential or nonresidential structure is being replaced or renovated: and ane existing septic system is located ont the property, the replacement or renovated structure is allowedt to connect tot the existing septic system provided the septic system is approvedi for usel byt the (3) All new residential development, including major and minors subdivisions, must connect to seweri infrastructure where available. Allr major and minor subdivisions must connect prior to final plat approval; however, pursuant tot the county's unified development ordinance pertaining tos subdivisions, a performance guarantee may be posted inl lieu of completion of all or parto of requiredi improvements priort tof final plata approval. Where nos such performance bondi is posted, all connections must be made! before a permit will be issued. Allo connections must be made at no expense tot the county. Availability will be determined basedo ont table 3.  county environmental health department.  Table 3  Maximum Number of Zoning 1 2-9 10--25 26--50 51-75 76--100 101--200 201-300 301+  Distance from Nearest Propertyl Line to Gravity Sewer or Force  Lots/Dwelling! Units Allowed Per Main Pump Station as Determined by Catawba County Utilities &  Engineering 250ft. 1,000ft. 2,000ft. 3,000ft. 4,000ft. 5,280ft. (1 mile) 15,840ft. (3 miles) Must extend sewer infrastructure  Abutting the property and/or right-of-way  (4) Ifgravity sewer ora a pumps station is not withint the distances listedi int table 3, butaf force main sewer is within those distances, county, ati its sole discretion, will determine ift the projecti is required to connect to force main sewer based upon thei intensity of the development. (5) All new nonresidential development, including major and minor subdivisions, shall connect to gravitys sewer infrastructure where available. Availability is determined based ont table 4. Daily flow for nonresidential development is determined based on NCDEQ, Laws and! Rulesf for Sewage Treatment, and Disposal Systems, section 15A NCAC, as amended. The requirements oft the NCDEQL Laws and Rules for Sewage Treatment, and Disposal Systems may be obtained from the county environmental health department. Daily flow for establishments noti identified: are determined using availablei flow data, water-usingt fixtures, occupancy or operation patterns, and other measured data. All connections must be made at  no expense tot the county. Average Water Consumption! Based on! NCDEQ Administrative Code Section 15AN NCAC, as amended (gallons per day) 130--259  Table 4  Distance from Nearest Property Line as Determined by Catawba County Utilities &  Engineering 200ft.  48    July 15, 2024, MB#57  260-1,299 1,300-3,379 3,380-5,629 6,630-9,999 10,000+  500ft. 2,000ft. 3,000ft. 4,000ft. Must extend sewer infrastructure  (6) County may require installation of sewer pipe above the minimum size required, with county (7) Property owners whor require Capital Improvement Plan (CIP) projects sooner than the year in whicht they are funded by the County may seek County approval to advance the project schedule att the property owners' expense through a negotiated contract. Int thesei instances, property owners shall be reimbursed, by negotiated contract, project expenses using utility (8) All sewer line extensions must be designed tot the specifications andr requirements oft the (Ord. No. 2006-07,6-15-2006; Ord. No. 2017-11, 9-18-2017; Ord. No. 2020-17, 10-19-2020; Ord No.  payingi incremental cost difference.  line-specific revenue from the project that was advanced.  service provider. 2024-5, 7-15-2024) Secs. 42-111-42-135. Reserved. ARTICLE IV. WATER. AND: SEWER EXTENSION FUNDING DIMISION 1. GENERALLY Sec. 42-136. Purpose and applicability. and waste water utility systems. 20245,7-15-2024) Secs. 42-137-42-150. Reserved. DMVISION: 2. REVENUE SHARING. PROGRAM Sec. 42-151. Purpose.  This article establishes regulations for countyf funding of water ands sewer utility service extensions withint the corporate boundaries oft the county and applies to all county-owned revenue sharing and revolving loan program! lines. The county may fund the extension of water and sewer infrastructure according tot the terms and conditions int this article. This article does not apply to county-owned water (Ord. No. 2006-07, 6-15-2006; Ord. No. 2017-11, 9-18-2017; Ord. No. 2020-17, 10-19-2020; Ord No.  The revenue sharing program isap program to assist local municipalities ine extending water and sewer service outside ofa anyi incorporated region. The program establishes a partnership betweent the (Ord. No. 2006-07, 6-15-2006; Ord. No. 2017-11, 9-18-2017; Ord. No. 2020-17, 10-19-2020; Ord No.  municipalities andt the county, providing affordable service to citizens inr need.  20245,7-15-2024)  Sec. 42-152. Eligibility requirements. (a) Projects eligible for the revenue sharing program are limited to: (1) Projects submitted through ag governmental entity. (2) Projects within the county.  49    July 15, 2024, MB#57  (3) Projects outside of ani incorporated: area where annexation will not occur for atl least two years. (4) Projects supported byi information sufficient to allowf for adequate evaluation oft the project. a. Associated" with water and sewer line extensions for the purpose of offering utility service which couldi include, butr not limited to, storage ort treatment facilities, only if the storage or treatmenti facilities are identified as necessary to accommodate water and/or sewer Constructed' tos stimulate economic development or accommodate industrial or C. Addresses environmental needs sucha ast the health and safety of the general public. (1) The actual cost of design and construction oft the work describedi int the project application. (2) Contingency costs, not to exceed ten percent oft the eligible construction estimate; however, upon acceptance of bid, the allowed contingency cost may! be reduced tof five percent. Ifthe municipality determines upsizing of al line isr necessary to accommodate future growth, the cost (c) Ineligible project costsf for the revenue sharing programi include, but are not limited to: (2) Recurring expenditures associated" with operations and maintenance.  (5) Projects having atl leasto one of the following criteria:  needed int the county. commercial growth.  (b) Project costs eligible for the revenue: sharing program are limitedt to:  figures submitted must represent the larger line size.  (1) Administrative costs. from the project costs. (4) In-kinds services rendered bye either party. funded according toi information supplied and availablei funds.  (3) Portions funded throughi federal, state, and local grants. Sucht funds must be directly deducted (d) No maximum is established for the revenue sharing project amounts. Projects will be evaluated: and (Ord. No. 2006-07, 6-15-2006; Ord. No. 2017-1,9-18.2017,0rd. No. 2020-17, 10-19-2020; Ord No.  2024-5, 7-15-2024)  Sec. 42-153. Application deadlines.  All applications for projects to bet funded by the revenue: sharing program duringt the next fiscaly year must be submitted: and reviewed ina accordance witht the utility investment advisory committee (UIAC) procedures. Emergency projects orp projects involving economic development are considered outside the (Ord. No. 2006-07, 6-15-2006; Ord. No. 2017-11, 9-18-2017; Ord. No. 2020-17,10-19:2020; Ord No.  UIAC process. 2024-5, 7-15-2024)  Sec. 42-154. General responsibilities of county. Under this division the countys shal!: schedules. a. Design. Legal.  (1) Review projects and respond inat timely manner to accommodate the municipalities' budget (2) Fundf fully eligible construction costs oft the project toi include any or all of thet following costs:  50    July 15, 2024, MB#57  Permitting. d. Line placement. the line.  (3) Retain ownership oft the lines until sucht time ast the municipality annexes the lines or users of a. For a voluntary: annexation that annexes the line or a user oft the line, the county reserves ther right to continue the revenue sharing contract, ort the county may, ati its sole option, require the municipality to reimburse the county for the entire line extending from the municipal boundary existing prior tot the voluntary annexation tot the outer boundary oft the newly annexed area, ina accordance with thet terms oft the specific contract. Fora ani involuntary annexation, iny which all oft the line andi its customers are annexed, the municipality mustr reimburset the county for the entirel line extending from the municipal boundary prior tot the involuntary annexation1 tot the outer boundary of the newly annexed area, ina accordance with thet terms of the specific contract. C. Ifau user is involuntarily annexed, but the linei is not, the county reserves the rightt to continue the revenue sharing contract or the county may, ati its sole option, require the municipality tor reimburse the county fort the entire line extending from the municipal boundary existing prior tot thei involuntary annexationt tot the outer boundary oft the newly annexed: area, ina accordance with thet terms oft the specific contract. (4) Keep. municipalities informed of any actions or plan of actiony which could affect the municipalities' ability to manufacture or distribute water or tot transport or treat wastewater. (5) Ber responsible for applying for federal and state grants, ifavailable. (Ord. No. 2006-07, 6-15-2006; Ord. No. 201741,9-18.2017,0nd. No. 2020-17, 10-19-2020; Ord No.  2024-5, 7-15-2024)  Sec. 42-155. General responsibilities of municipality. Under this division the municipality shall: (1) Furnish potable watert to customers.  (2) Perform all operation and maintenance items associated with water and/or sewer lines. (3) Perform allt testing andi reporting mandated byf federal, state, and local regulations. (4) Service the customers throughr respondingt to complaints, reading of meters, andb billing of (5) Receive and process all new requests for water and/or sewer service. (6) Generate a quarterly report of sales activity along partnership lines toi include the number of connections andi the amount of usage for those connections. (7) Equally divide all revenues, except tapf fees, received by eachp project on a quarterly basis. All revenues to be divided equally include usage charges, customer charges, availability charges, or others similar charges that are included int the customers' monthly billing. (8) Payt tot the county its share oft the revenues received. (9) Developa a rate structure consistent fori inside/outside customers. (11) Apply forf federal and state grants, if available.  services.  (10) Implement a percentage ratei increase for outside customers equal to rate increases for inside (12) Assist the county ina a growth plan which mandates controlled and planned growth for the utility  customers. system.  51    July 15, 2024, MB#57  (13) Agree not to charge fees associated" with the construction oft the line or service connections, provided all costs associated" with sucha activities are borne byt the county. System development fees or otherf fees associated" with projects must bei indicatedi in the project submittal packet. (14) Develop construction specifications compatible with other municipalities to avoidi incapability of (15) Assist the county ini its effort to expand utility service to areas inr need, providedi it proves (16) Ifannexation occurs, perform its obligations as provided int this article regarding voluntary and (17) Obtain all easements, including costs, inside and outside ofi incorporated area. (Ord. No. 2006-07, 6-15-2006; Ord. No. 2017-11, 9-18-2017; Ord. No. 2020-17, 10-19-2020; Ord No. Editor's note(s)-Ord. No. 2020-17, adopted October 19, 2020, amendedi the Code by repealing former S 42-156i ini its entirety. Former 42-156 pertained to contract terms, and derived from Ord. No. 2006- 07, adopted. June 15, 2006; and Ord. No. 2017-11, adopted September 18, 2017. The revolving loan program is designed to assist local municipalities ine extending water ands sewer service. The program offers low-interest loans tof fund extensions of utility services withint the county. (Ord. No. 2006-07, 6-15-2006; Ord. No. 2017-11, 9-18-2017; Ord. No. 2020-17, 10-19-2020; Ord No.  firefighting equipment during mutual aid situations.  feasible. involuntary annexation.  20245,7-15-2024) Secs. 42-166--42-185. Reserved.  DIVISION3. REVOLVING LOAN PROGRAM Sec. 42-186. Purpose. 20245,7-15-2024)  Sec. 42-187. Eligibility requirements. (a) Projects eligible for al loan utilizing the revolving loan program arel limitedto: (1) Projects submitted through a government entity. (2) Projects within the county. (b) Projects having at least one oft thet following criteria:  (1) Associated with watera and sewer line extensions for the purpose of offering utility service, which couldi include, butr not limited to, storage ort treatment facilities, but onlyi ift the storage or treatment facilities arei identified as necessaryt to accommodate water and/or sewer neededi in (2) Constructedi tos stimulate economic development or accommodate industrial or commercial (3) Addresses environmental needs such ast the health and safety of the general public. Projects submitted must be supported by information sufficient to allow for adequate evaluation oft the (c) Projects located outside the county are ineligible for al loan utilizing this program. (d) Project costs eligible for a loan utilizing this program are limitedt to:  the county. growth.  project.  (1) The actual cost of design and construction oft the work described! int the project application; and (2) Contingency costs, not to exceed ten percent of the eligible construction estimate; however, upon acceptance of al bid, the allowed contingency cost may be reduced tot five percent. Ifthe  52    July 15, 2024, MB#57  municipality determines upsizing of a linei is necessary to accommodate future growth, the cost  figures submitted must represent the larger line size. (e) Ineligible project costsi include, but are not limited to:  (1) Administrative cost.  (2) Recurring expendtures associated" with operations and maintenance. (3) Portions fundedt throughf federal, state, and local grants. (4) In-kind services rendered byt the loan recipient.  (Ord. No. 2006-07, 6-15-2006; Ord. No. 2017-11, 9-18-2017; Ord. No. 2020-17, 10-19-2020; Ord No.  2024-5, 7-15-2024)  Sec. 42-188. Limitation ofl loan amounts. according toi information supplied and available funds.  No maximum is established for revolving loan amounts. Projects are evaluated: andf funded (Ord. No. 2006-07, 6-15-2006; Ord. No. 2017-11, 9-18-2017; Ord. No. 2020-17, 10-19-2020; Ord No.  20245,7-15-2024)  Sec. 42-189. Application deadlines.  Alla applications for projects to bet funded! byt the loan program during the next fiscaly year must! be submitted: and reviewed ina accordance with the Utility Investment Advisory Committee (UIAC) procedures. Emergency projects or projects involving economic development: are considered outside oft thel UIAC (Ord. No. 2006-07, 6-15-2006; Ord. No. 2017-11, 9-18-2017; Ord. No. 2020-17, 10-19-2020; Ord No.  process. 20245,7-15-2024)  Sec. 42-190. General responsibilities of county. Underi this division the county shal!: schedules. Design. Legal. Permitting. d. Line placement.  (1) Review projects and respond inat timely manner to accommodate the municipalities budget (2) Funde eligible construction costs of the project toi include any or all of thet following costs:  (3) Invoice annually the amount due according tot the executed contract. (4) Retain ownership of the lines until sucht time as the loani is satisfied, ort the municipality  annexest the lines or users oft the line. the newly annexedi area.  Fora a voluntary annexationi that annexes the line ora a user oft the line, the county reserves the rightt to demand full payment oft the loan! balance due ont the entirel line extending from the municipal boundary existing priort tot the voluntary annexation tot the outer boundary of For ani involuntary annexation, iny which all oft the line andi its customers are annexed, the municipality shall reimburse the county for the entire line extendingt from the municipal  53    July 15, 2024, MB#57  boundary existing prior tot thei involuntary annexation tot the outer boundary oft the newly Ifau user is involuntarily annexed, but the line isr not, the county reserves the rightto demand full payment oft the loan! balance due ont thel line extending from the municipal boundary existing priort tot thei involuntary annexation tot the outer boundary oft ther newly (5) Keept the municipality informed of any actions orp plan of action which could affectt the municipalities ability to manufacture or distribute water ort transport or treat wastewater. (Ord. No. 2006-07, 6-15-2006; Ord. No. 2017-11, 9-18-2017; Ord. No. 2020-17, 10-19-2020; Ord No.  annexed area. annexed: area.  (6) Apply for federal and state grants, ifa available.  2024-5,7-15-2024)  Sec. 42-191. General responsibilities of municipality. Under this divisiont the municipality shal!: (1) Furnish potable water to customers.  (2) Perform all operation and maintenance itéms associated with water and/or sewer lines. (3) Perform all testing and reporting mandated byf federal, state, and local regulations. (4) Service customers by respondingt to complaints, reading meters, and billing. (5) Receive and process allr new requests for water andlor sewer service. (6) Develop a consistent rate structuret fori inside/outside customers. (8) Apply for federal and state grants, ifa available.  (7) Implement percentage rate increases for outside customers equal to rate increases for inside (9) Assist the county int the growth plan which mandates controlled and planned growthf for the (10) Develop construction specifications compatible with other municipalities to avoid incapability of (11) Repay the loan according tot the executed contract specific tot the project. (12) Assist the county ini its effort to expand utility service to areas inr need, provided itp proves (13) Perform annexation obligations as providedi int this article. (14) Obtaina alle easements, including costs, inside and outside ofi incorporated area. (Ord. No. 2006-07,6-15-2006; Ord. No. 2017-11, 9-18-2017; Ord. No. 2020-17, 10-19-2020; Ord No.  customers. utility system.  firefightinge equipment during mutual aids situations.  feasible.  2024-5, 7-15-2024) Secs. 42-192--42-219. Reserved.  Editor's note(s)-Ord. No. 2020-17, adopted October 19, 2020, amended the Code by repealing former S 42-192 ini its entirety. Former 42-192 pertained to contract terms, and derivedf from Ord. No. 2006- 07, adopted June 15, 2006; and Ord. No. 2017-11, adopted September 18, 2017.  54    July 15, 2024, MB#57  ARTICLE V. COUNTY-OWNED WATER. AND WASTE WATERL UTILITIES' DIVISION 1. PROCEDURES. AND: STANDARDS All metering shall bei ina accordance with service provider's meter policies. (Ord. No. 2020-17, 10-19-2020; Ord No. 2024-5,7-15-2024) Sec. 42-221. Required connections.  Sec. 42-220. Metering.  (a) Where feasible, residential connections to county-owned: sewer utilities are required to connect to municipal water infrastructure except as set out ins section 42-59. Residential connections to county- owneds sewer utilities that are not connected' to ar municipal water system willl be billedf for sewer (b) Allr nonresidential connections to county-owned: sewer utilities are required to connect to municipal  services atal rate of6 6,000 gallons per month. wateri infrastructure except as set out ins section 42-59. (Ord. No. 2020-17, 10-19-2020; Ord No. 2024-5, 7-15-2024)  The 15lh day of. July, 2024. [Sealj Attest:  C. Randall Isenhower, Chairman Catawba County Board of Commissioners  Dale R. Stiles, Clerkt tot thel Board Catawba County Board of Commissioners  55    July 15, 2024, MB#57  h. The Policy and Public Works Subcommittee recommended the Board of Commissioners approve the contract for Scrap Tire Recycling and Disposal with New River Tire Recycling, LLC Pilot Mountain, NC, effecting at three (3) year term; and authorize the County Manager or her designee to execute the contract. The County is required by NCGS Chapter 130A Article 9 Part 2B, to manage a scrap tire program. A County is responsible for the cleanup of scrap tires within its boundaries, shall provide for the disposal of scrap tires brought to its collection site(s), and may choose to schedule optimal disposal times with large quantity scrap tire haulers. A County can charge a disposal fee for scrap tire disposal if the scrap tire does not qualify for free disposal or is not accompanied by a scrap tire certification form, and that fee shall not exceed the cost of disposal. A citizen may dispose of up to five tires without a certification form. The current contract for scrap tire recycling was the result of a bid solicitation posted in March 2020. That contract expired June 30, 2024, which required the county to solicit bids from qualified scrap tire disposal companies. The scrap tire bid solicitation was posted in May of this year. The county received two responsive bids. Staff is recommending the contract be awarded to New River Tire Recycling who submitted The Solid Waste budget includes $679,900 to dispose of scrap tires. The State disburses funds on per capita basis from the tire disposal tax collected by tire retailers when tires are sold to consumers. The cost tor manage the Scrap Tire Program continues to increase but the State disbursements no longer offset the cost. This request does not require appropriation of any funds, as this expense has been accounted for  the lowest cost bid.  through the annual budget process. The following agreement applies:  56    July 15, 2024, MB#57  COUNTY OF CATAWBA STATE OFI NORTHO CAROLINA  USEDTIRES RECYCLINGAND DIPOSALAGRIEMENT  This Scrap' Tirel Recycling and Disposal Contract (hereinafter "Agreement") made and entered on this 15th day of. July, 2024, by and between the County of Catawba, a political subdivision ofthe State of North Carolina (hereinafter "County") and New River' Tire Recycling, LLCI located at 312 East Hwy 521 Bypass, Pilot Mountain, NC27041 (hereinafter "Contractor"). County and Contractor  are each a "Party" and collectively the "Parties"tot this Agreement.  WITNESSETH:  WHEREAS, County chooses to recycle its scrap tires when possible and has determinedi that this service can best be provided through a service contract with a qualified firm with knowledge, expertise, and experience in the collection, transportation, and recycling or disposal of scrap tires WHEREAS, Contractor is qualified to provide collection, transportation, recycling, and disposal of tires and other scrap rubber and has the necessary equipment, personnel, facilities, expertise, financial resources and management skills to provide al high level ofs service. NOW,THEREFORE, in consideration of thei mutual covenants and agreements herein contained,  (hereinafter "Services"); and  the parties agree asi follows:  1) Scrap Tire Volume Generated  The County's Resource Recovery) Facility akal Blackbum Landfill (hereinafter Facility") estimates approximately 2,000 tons of scrap tires are disposed of at Facility annually, and approximately 3,000 tons ati retaili tire facilities located within Catawba County. However, Contractor understands that County does not control the scrap tire waste stream and that there is no guaranteed volume  that will be received during the term oft this Agreement. 2) Contractor Responsibilities Collection, Transportation, Recycling and/or Disposal: the equipment used to provide services.  Contractor must provide all personnel reasonably necessary to operate the collection and Contractor will be allowed to pick up tires at Facility between the hours of 8:00 a.m. to  11:30 a.m. and 12:30 p.m. to 4:00 p.m., Monday through Friday.  57    July 15, 2024, MB#57  Contractor will pick up tires from Facility on aj pre-arranged schedule within forty-eight Contractor understands that for County to comply with North Carolina State Solid Waste Rulest there must never bei moret than 4,000tires stockpiledat! Facility at any one givent time. Contractor shall have no minimum requirements on the number oft tons perl load. Contractor shall provide and maintain a 45-foot: minimum enclosed1 trailer at each retail tire facility that chooses to contract separately for used tire services and shall include trailer rental, fuel, fuel surcharges, minimum tonnage requirements and any other charges or Contractor shall inform County ofretail tire facilities that contract for service and provide Contractor shall provide County a copy of any contracts between retail tire facility and Contractor must provide an open-top trailer, which will be loaded over the top by County  (48)hours after being requested to dos so by County.  surcharges ini the contract with the rétail tire facility.  updates as necessary. Contractor.  personnel using County equipment atl Facility. Current retail tire facilities in County that have trailers: Aiken-Black Tire, 823 15'Ave NW, Hickory, NC 28601 Black's Tire, 6301 Hwy 70 SE, Hickory, NC 28602 Mr. Tire, 220; S. Center St., Hickory, NC28602 Select' Tirel Pros, 115 Conover Blvd., Conover, NC28613 Sig's Tire Center, Inc., 5851 St. Peters Church Rd., Conover, NC 28613 Sig's Tire dba Startown' Tire, 2466 Hwy 10 West, Newton, NC 28658 Snider Tire, 122621 stSt. Dr. SE, Hickory, NC: 28602 Snider Tire, 1545 St. James Church Rd., NC 28658 White Tire Center/Hickory, 761 Hwy" 70 SW, Hickory, NC 28602 White Tire Center/Newton, 20501 N. Main Ave., Newton, NC 28658 White Tire Center/Springs Road, 2614: Springs Rd., Hickory, NC 28601 county and local licenses and/or permits needed toj provide Services.  License and Permits:  Contractor must provide documentation that they possess any international, federal, state, Contractor must provide a scrap tire hauling identification number issued by the North Contractor must supply copies of any and all relevant permits, licenses and other regulatory items required under international, federal, state or local statutes, regulations or standards fort the collection, transportation, recycling and/or disposal of scrap tires.  Carolina Division of Waste Management.  3) County Responsibilities  County will accumulate scrap/used tires at Facility located at 4017 Rocky Ford Rd.,  Newton.  58    July 15, 2024, MB#57  County willi make available ample space at] Facility in ai manner acceptablet to Contractor top provide for efficient handling of containers, trailers, and materials contained therein. County willl load trailers over thei top using County personnel and equipment. County reserves the right to add and/or delete retail tire facilities to the current list in County will only pay Contractor for actual tonnages collected from retail tire facilities provided required documentation accompanies invoices. All other charges must be borne byr retail tire facilities to which Contractor contracts with separately.  section 2 contained herein.  4) Term of Agreement  This Agreement shall be in full force and effect for aj period of three (3): years beginning on July 15, 2024 and shall automatically terminate at midnight on. June 30, 2027, unless terminated earlier pursuant to thet terms hereof. This Agreement may be extended fora aj period of upt tot two (2) years, in increments of one (I) year. Ifthis Agreement is not terminated or extended on or before June  30, 2027, it shall continue thereafter on a month to month basis.  5) Invoices  Payment willl be made with1 terms of net 30 days, upon receipt ofinvoice. Allinvoices musti include detailedi information concerning the collection site, date of collection, weight oftires collected, and aN North Carolina State approved Scrap' Tire Certification Form. The Scrap Tire Certification Form must be completely filled out, and shall have attached documentation supporting the reported weights. WeightTicket: must be fort thes same trailer that was weighed prior to loading ofti tires. County will pay Contractor, as described in Section 2, including processing and transportation of all passenger and truck tires the sum of $140.00 per ton, and all off-road tires the sum of $400.00 per ton. The "per ton" price shall include fuel costs at the base rate of $3.23 per gallon or less, which was the rate posted on. June 17, 2024, which ist the closest date to. June 19, 2024, the date of County will pay Contractor $350.00 per ton for loads that have foreign debris, rims, trash, mud, Since fuel consumption constitutes a major part ofthe cost to provide services, the current contract price pert ton as described hereini is based oni fuel ranging from $3.041 to $3.28 per gallon or less. If fuel increases above $4.00 per gallon, fuel surcharges may be added to invoices according to the  thel bid.  and rocks buti must be weighed separately from other tires.  following table:  Price per gallon $4.00-$4.24 $4.25-$4.49 $4.50-$4.74  Price adjustment per mile $0.05 $0.10 $0.15  59    July 15, 2024, MB#57  $4.75-$ $4.99 $5.00-$5.24 $4.75-$5.49 $5.50-$5.74 $5.75-$5.99 $6.00-$6.24  $0.20 $0.25 $0.30 $0.35 $0.40 $0.45  The table is a guide to show the allowable price per mile based on a range of the price per gallon of fuel and the incremental increase or decrease. This table does not constitute a limit to fuel Fuel surcharges must be: shown separately oni invoices. Fuel prices shall be reviewedn monthly. The average fuel cost for the month shall be derived from the Energy Information Administration's Diesel Fuel and Gasoline Prices Index for the US East Coast, Lower Atlantic Region at In the event of a discrepancy between Contractor and County: records, such invoice shall be paid less the amount of discrepancy. A notice of discrepancy with supporting documentation shall be promptly sent to Contractor and the two parties shall reconcile their records and invoices at the earliest possible date. Such reconciliation shall be reflected oni the next invoice from Contractor. Should the local, state, or federal government impose af franchise fee ort tax, Contractor shall pass this fee on to County, or Contractor and County will agree to cancel the Agreement. Should such termination or recession oçcur before performance of the activity herein provided is begun, the liability and obligations ofthe parties shall bel limited to settlement ofall proper claims based upon performance prior to termination or recession of this Agreement. In no case shall Contractor be liable or responsible for any other cost of obtaining, preparing, maintaining, or operating the  surcharges should fuel rise above $6.24 per gallon.  www.cia.doe.gov.  6) Taxes, etc. clause  location for assembly, collection, and removal ofsaidt tires.  7) Termination  This Agreement may be terminated according to any oft the: following provisions:  a) Default: Ife either party hereto deems the other party hereto to bei in default of any provision hereof, the claiming party shall provide notice in writing to the defaulting party ofs said default. Ifsaid defaulting party fails to correct the default withint twenty (20) working days from the date ofnotice, the other party may terminate this Agreement immediately. In case ofsucht terminationt thej partyterminatingi this Agreement shall forthwith givet the other party  written notice ofsuch termination.  60    July 15, 2024, MB#57  b) Mutual Agreement: This Agreement may bei terminated by mutual agreement ofthe parties C) This agreement may be terminated by either party upon thirty (30) days written notice. Written notice shall be made as listed in section 14p paragraph (f) of this document. d) Available Funding: Payment for Services is expressly conditioned upon availability of funds. Iffunds are insufficient to meet expected performances due to non-appropriation or reduction of funds, by written agreement, the parties may adjust the services to be performed. Ifi it would be impractical or defeat the intent or purpose oft this Agreement, it  hereto, at any time.  may be terminated without penalty to either party.  8) Force Majeure  a) Suspension of Performance: The performance of its duties and obligations hereunder by either party shall be suspended to the extent that such performances, in whole or in part, b) Definition: Force Majeure - For purposes herein, Force Majeure shall be termed as any event or occurrence of any nature or kind in respect tot the duties herein that is beyond the control of and occurs without negligence of the party invoking the same include without limitation: acts of God or of public enemy, acts of government or governmental authority in either its sovereign or contractual capacity, wars, riots, fires, floods, explosions, epidemics, boycotts, excessive fuel prices, blackouts, strikes, labor disputes, equipment breakdowns, and any transportation problem directly affecting or inhibiting pickups. c) Notice: In the event that either party hereto determines that a Force Majeure has occurred, ori iti is likely to occur, said party shall promptly furnish tot the other party notice in writing ofsuch Forcel Majeure, settingi fortht thet nature ofsuch problem the: anticipated effecti theréof on said party's performancel hereunder and when normal performance may be expected. In the event of excessive fuel prices of over the road diesel Contractor and County will  shall be rendered impracticable by Force Majeure.  negotiate satisfactory terms for both parties involved.  9) Representations  9.1) Contractor: represents, warrants, and covenants to County that:  a) It is an entity duly organized, validly existing and in good standing under the laws of the State ofNorth Carolina, andi is duly and validly qualifiedt to conduct business andi is ing good standingi in all jurisdictions in which such qualification is necessary. b) The execution, delivery and performance ofthis Agreement have been duly and validly authorized by all corporate action required to be taken and will not result in a breach of, constitute a Default under, or violate the terms of Contractor's organizational  61    July 15, 2024, MB#57  agreement, or any rule, regulation, judgment, decree, order, or agreement to which Contractor shall comply with all environmental and other applicable governmental permits, guidelines and actions during the term hereof, and have paid and will pay all valid charges and assessments in connection therewith. Contractor hereby indemnifies County against any punitive or other action resulting from or associated with  Contractor is aj party ofby which it may! be bound.  Contractor's failure to do sO.  9.2) Countyrepresents, warrants and covenants to Contractori that:  a) The execution, delivery and performance of this Agreement by County have been duly and validly authorized by all corporate action required to be taken and will not resulti in ab breach of, constitute al Default under, or violate thet terms of decree, order, contract, or agreement to which County is aj party oft by which iti may be bound.  10) Insurance Requirements  Contractor shall maintain at all times during the term oft the Agreement, at the Contractor's sole  expense:  a) Commercial General Liability Insurance  Contractor shall maintain Commercial General Liabilityi insurance, including coverage for products and completed operations liability, contractual liability, liability fromi independent contractors, property damage liability, bodily injury liability, and personal injury liability with limits ofnot less than $1,000,000 per occurrence, and $2,000,000 annual aggregate. Thel limits may! be satisfied! bya combination ofprimary: ande excess insurance. The coverage At all times while the Contractor's representatives are conducting on-site work, the Contractor must maintain Business Auto insurance for any owned, hired, rented, or borrowed vehicle with a limit ofnot less than $1,000,000 per occurrence combined single limit for bodily injury and property damage liability. The limit may be satisfied by a At allt times while the Contractor's representatives are conducting on-site work, Contractor must maintain statutory Workers Compensation insurance in accordance with the laws of North Carolina. Contractor must also maintain Employers' Liability insurance with limits of not less than $1,000,000 per accident and $1,000,000 each employee for injury by  must be written on an occurrence basis. b) Business Automobile Insurance  combination of primary and excess insurance. c) Workers Compensation & Employers Liability Insurance  disease.  62    July 15, 2024, MB#57  d) General Requirements  Catawba County must be named as an additional insured under Contractor's automobile and general liability insurance. In the event ofa loss arising out of, or related to the Contractor's services performed under this Agreement. Contractor's Liability insurance must be primary (pay first) with respect to any other insurance which may be available to the County, regardless of how the "other insurance" 2) The worker's compensation: policy must contain a waiver of subrogation in favor of 3) Contractor must be responsible for insuring all of his/her own personal property, 4) Alli insurance policies put forth to satisfy the above requirements must require the insurert toj provide ai minimum ofsixty(60)days' noticet tot the County of any material 5) All insurance put forth to satisfy the above requirements must be placed with insurance companies licensed to provide insurance in the state of North Carolina. Any deductibles or self-insuredi retentions ini the required insurance: must be subject 6) Contractor must provide certificates ofi insurance (COI) to the County as evidence ofthe required coverage and be attached as Exhibit A. Contractor agrees toj provide complete copies of policies if requested. Failure of Contractor to provide timely evidence of insurance, or to place coverage with insurance, or to place coverage withi insurance companies acceptablet toi the County, shall be viewed as Contractors delaying performançe entitling the county to all appropriate remedies under the law  provisions mayi read. the County.  improvements, and betterments.  change in coverage, cancellation, or non-renewal.  to approval byt the County.  including termination of the contract.  11) E-Verify  Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Further, if Contractor utilizes a subcontractor, Contractor shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the North Carolina  General Statutes. 12) Hold Harmless  Contractor does hereby indemnify and hold County free and harmless from liability on account of injury or damage to persons or property which may result from the conduct or operations arising out of the business of collection, removal and transportation oftires in accordance with the terms  63    July 15, 2024, MB#57  ofthis agreement; and, int the event that any suit or proceeding is brought against County at law or in equity, either independently or jointly with Contractor, or either of them, on account of such negligent acts, Contractor will defend County in any such suit or proceeding at the cost of Contractor, and int the event of a final. judgment of decree being brought against either of them, Contractor will pay such judgment or comply with such decree with all costs and expenses of  whatsoever nature and hold County harmless therefrom.  13) Disputes  Any matter that arises hereunder that cannot be settled in negotiations between the parties hereto shall be handled according to the laws, legal processes and court of the State of North Carolina. Any final decision therefrom shall be valid and binding upon the parties hereto and enforceable of law. Venue for any action out of this agreement shall be in general court of justice, Catawba  County, North Carolina. 14) Miscellaneous  a) Contractor agrees tol be an equal opportunity employer and not discriminate on1 the basis of age, color, disability, gender, gender expression, gender identity, genetic information, national origin, race, religion, sex, sexual orientation or veteran status. b) This Agreement may be changed only by agreement in writing and signed by both parties c) The Agreement embodiest the entire agreement between thet parties and: supersedes any prior d) The sections and headings in the Agreement are for reference purposes only and shall not affect in any way the meaning of this Agreement or any part therein. e) In the event that any provision of this Agreement shall be determined to be invalid, this Agreement thereupon shall be deemed tol have been amended to eliminate such provisions so the remaining provisions of this Agreement shall be valid and binding. All notices and other formal communications hereunder shall be madei in writing and given or delivered by United States mail to the principal and at the address designated below.  hereto.  agreements and understanding, oral and/or written.  Contractor: New River' Tire Recycling, LLC Post Office Box 2752 Pilot Mountain, NC 27041 Ph: 276-278-0201  County: Catawba County Utilities & Engineering Post Office Box 389 Newton, NC 28658 Ph: 828-465-8261  64    July 15, 2024, MB#57  g) Any waiver made hereto shall be deemed to be limited in application to the matters explicitly referred tot therein and shall neither be construed. as, nor entitle the other party to h) This Agreement shall be binding upon and insure to the benefit of the parties hereto and their respective successors and permitted assigns, but neither this Agreement: nor any ofthe rights, interests, or obligations hereunder shall be assigned by either party hereto without the prior written consent oft the other party hereto, which consent shall not be unreasonably IN WITNESS WHEREOF, the parties hereto have set their respective hands and seals as of the  a waiver bys said party of any similar matter.  withheld ofdelayed. date first written above.  CATAWBA COUNTY  Date:  By:.  Mary Furtado, Assistant County Manager NEW RIVER' TIRE RECYCLING, LLC  Date:  By:  Ben Bryant, Owner  65    July 15, 2024, MB#57  THIS INSTRUMENT has been preaudited: int the manner required by the Local Government Budget and Fiscal  Control Act as amended. Date:  Mary Morrison, Assistant Finance Director Account Number: 525-350200-857400 Amount: $700,000.00 Grant Name & Number (if applicable): n/a  APPROVED ASTO: FORM  Date: Date:  Joshua Teague, Assistant County Attorney Jake Robinson, Risk Management  66    July 15, 2024, MB#57  i.7 The Policy and Public Works Subcommittee recommends the Board of Commissioners adopt the attached resolution establishing project total cost, setting the Preliminary Assessment Roll, and scheduling a Public Hearing on the Preliminary Assessment Roll for the StoneCroft Subdivision Road Improvement Project; and authorize the Chair to petition the North Carolina Department of Transportation (NCDOT) to accept the following roads into NCDOT's Secondary Road Maintenance Program: Jupiter Court, Taurus Drive and the portion of Sagittarius Circle not already in the NCDOT Secondary Road Maintenance Program in the In 2020, the Board established a petition-driven program to facilitate acceptance of private roads into NCDOT's Secondary Road Maintenance Program, which is consistent with NCGS $153A-185 Authority to Make Special. Assessments. Through this program, the County provides up-front financing to improve private roads to NCDOT standards, sO NCDOT can assume maintenance responsibility. The cost of improvements is assessed against the property owners and recouped over a 10-year period through the special assessment process. To participate in the program, at least 75 percent of the nomeowners to be assessed must voluntarily sign a petition supporting the project, and the owners who sign the petition must account for at least 75 percent of the road frontage to be improved through the assessment. The Board of Commissioners must then authorize the project prior to any construction efforts. In 2022, the Board established the $2.5 Million Subdivision Road Improvement Fund, and authorized the dedication of special assessment repayment revenue to the Fund, thereby establishing a clear funding mechanism for subdivision Property owners of the StoneCroft subdivision followed the above process to petition. Construction is now complete, and NCDOT Division staff is satisfied the roads now meet NCDOT standards and can be In order to complete the special assessment after a project is complete, the Board must make a final determination of cost, prepare and publish a Preliminary Assessment Roll, conduct a public hearing, and consider adopting what - if approved - will then become the Final Assessment Roll, and charge the Tax Administrator with collection of the assessments. Property owners will then be notified of the assessment The last required action is submission of a petition to the NCDOT Board for acceptance of the roads into the The table below summarizes the statutory process for establishing private road assessments and, for the items that have already been completed, provides the dates on which the Board of Commissioners took each required action. The table also outlines the remaining steps the Board will still need to take in order to  StoneCroft subdivision.  road improvement projects.  accepted into the secondary road maintenance program.  and payment options. This action implements the special assessment.  State's program for maintenance.  implement the assessment (noted in italics, with planned dates).  NCGS S 153A-205 153A-190 &153A- 191 153A-192 153A-192 143-131 143-131 153A-193 &194  Date  Action Items  9/26/2022 Citizens petition BOC with >75% of property owners & >75% of 4/17/2023 adopts Preliminary Resolution describing the Project, financing 5/15/2023 BOC holds Public Hearing on Preliminary Assessment 5/15/2023 BOC adopts Final Resolution approving Project, setting 5/31/2023 Project is bid in accordance with NC Procurement Procedures. 7/15/2024 BOC determines Project Total Cost, sets date and time for Public Hearing on the Preliminary Assessment. Rolls. TBD- BOC holds Public Hearing on the Preliminary Assessment Rolls  road frontage.  BOC accepts Citizen Petition, makes funding decision and  and setting time for Public Hearing.  Resolution. financing terms.  8/7/2023 Bid awarded.  67    July 15, 2024, MB#57  153A-195  proposed annuals, confirms Preliminary Assessment Rolls. Ifconfirmed, date Tax Administrator is authorized to collect assessment fees in  8/5/2024 same manner as property taxes.  Below is as summary of the actions the Board is being requested to take today. mailing notices. For StoneCroft the costs associated with the project is:  1). Determination of Cost  In determining the total cost, the Board may include construction costs and the cost of publishing and  Determination of Cost- - StoneCroft Construction (prior to construction) (current BOC item) Tax Roll Advertisement Total Cost - StoneCroft petition was made, which is 67.  $296,269.60 $200.00 $200.00 $200.00 9296,869.60  Advertisement of Preliminary Assessment Advertisement and notice of Preliminary Roll  The basis for assessment is by lot in accordance with the number of subdivision lots at the time the The individual assessment for each of the 67 lots is $4,430.89. This amount can be paid as a lump sum before the first assessment bill comes due or in 10 annual payments with 1.5% annual interest.  The annual payment with interest is $480.46. 2.) Preliminary Assessment Roll Prepared and Published  Now that construction is complete, County staff has developed a preliminary assessment roll for StoneCroft, in accordance with the provisions of NCGS 153A-194. If the Board adopts the resolution presented, the preliminary assessment roll will be filed in the Clerk's office where it will be available for inspection, and the required public hearing will be scheduled for the Board meeting on August 5, 2024. Additionally, a notice of the preliminary assessment roll and public hearing time will be mailed by first-class mail to each property To initiate the process with NCDOT regarding maintenance responsibility, the Board must authorize submittal of a petition to NCDOT to accept the following roads: Jupiter Court, Taurus Drive and the portion of Sagittarius Circle not already in the NCDOT Secondary Road Maintenance Program in the StoneCroft Ift the Board of Commissioners should choose not to adopt the Final Assessment Rolls, the County would be unable to recover the project funds spent repairing the roads and would have established a precedent of  owner to be assessed. 3.) Petition to NCDOT  subdivision. Copy oft the NCDOT petition form for the subdivision is attached.  dedicating public funding to private road repair projects.  The following resolution applies:  RESOLUTION No. 2024-18  RESOLUTION DECLARING COST, ORDERING PREPARATION OF PRELIMINARY ASSESSMENT ROLL AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON THE PRELIMINARY ASSESSMENT ROLL WHEREAS, the improvement of a portion of the StoneCroft subdivision fronting on Jupiter Court, Taurus Drive and the portion of Sagittarius Circle not already in the NCDOT Secondary Road Maintenance Program was requested by petition of Property Owners filed on September 26, 2022, duly certified, to the Board of  FOR THE STREET IMPROVEMENT PROJECT FOR STONECROFT SUBDIVISION  68    July 15, 2024, MB#57  Commissioners, and determined to be sufficient in all respects by the Director of Utilities and Engineering; WHEREAS, the Board authorized the project by a Resolution adopted by the Board on April 17, 2023 and  and  the project has been completed; and  WHEREAS, the cost of the project, has been determined.  NOW, THEREFORE, BE IT RESOLVED by the Catawba County Board of Commissioners that:  1.The cost of the above-described improvement, has been computed and determined and is hereby 2.The Catawba County Tax Administrator is hereby directed to prepare a preliminary assessment roll, in accordance with N.C.G.S. $153A-194, showing the individual assessments upon properties benefited 3.The Catawba County Clerk is hereby directed to make available during regular office hours, in the Clerk's office, the preliminary assessment roll for inspection by the public from this day through August 4.The Catawba County Board of Commissioners will hold a public hearing in accordance with N.C.G.S. $153A-195 at 7:00 p.m. on August 5, 2024 at the Catawba County Board of Commissioners Board  declared to be $296,869.60 by the improvement.  5,2024.  Room, located in the. Justice Center in Newton, North Carolina.  5.The Clerk is hereby directed to issue notice of the above-described public hearing.  6.The Clerk is further directed, no later than 10 days before the public hearing, to mail by first class mail copies of the notice of hearing to the property owners listed on the preliminary assessment roll.  Adopted the 15th day of July, 2024.  A copy of StoneCroft Subdivision is hereto attached:  69    July 15, 2024, MB#57  CATAWBA COUNTY UTILITIES a ENGINEERING STONECROFT SUBDIVISION Road Improvement Project  catawba MALING. uVIsG. county IETTE.  (ieeks, Sireoms Parcel/ Address Structues Stonecoft Subdvision  Aleodyir in DOT  HOlet NORTH  j.The Policy and Public Works Subcommittee recommended the Board of Commissioners approve a resolution to declare as surplus the former St. Stephens EMS base structure located at 3215 Springs Road NE, Hickory, NC (PIN# 3723-0758-5847) and, upon execution of an agreement, allow St. Stephens The County recently constructed a new: St. Stephens EMS base on Section House Road, leaving vacant the former base which is co-located on a parcel with the St. Stephens branch of the Catawba County Library. Staff has evaluated the vacant building and determined that, based on the building's condition and potential alternative uses, it should be demolished (rather than renovated) and therefore is no longer needed for The St. Stephens Volunteer Fire Department has asked to use the building for training and ultimately, a practice burn as was done with the structure previously located on the site of the new St. Stephens EMS  Volunteer Fire Department to burn the structure for training purposes.  County purposes. base.  The following resolution applies:  Resolution # 2024-19  RESOLUTION DECLARING SURPLUS PROPERTY  WHEREAS, Catawba County owns the property located at 3215 Springs Road NE, Hickory, NC (PIN# 3723- 0758-5847) which is the site of the St. Stephens branch of the Catawba County Library and the former St.  Stephens EMS base; and  70    July 15, 2024, MB#57  WHEREAS, staff has determined that the former St. Stephens EMS base is no longer needed for County WHEREAS, staff recommends the Commissioners declare surplus and dispose of the former EMS base NOW THEREFORE, the Catawba County Board of Commissioners resolves that the former St. Stephens EMS base located at 3215 Springs Road NE, Hickory, NC (PIN# 3723-0758-5847) is declared surplus and may, upon execution of an agreement approved by the County Manager, be demolished by St. Stephens  purposes and should be demolished; and  located on the property.  Volunteer Fire Department. Adopted the 15th day of July, 2024.  k. The Tax Administrator recommended the Board of Commissioners approve eight 8 releases totaling $1,457.11 and 61 Motor Vehicles Bill adjustments/retunds totaling $4,760.59 requested during the month of 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 During the month of June, Tax Office staff has checked records and verified the legitimacy of eight release requests totaling $1,457.11 and 61 Motor' Vehicle Bill adjustments /refunds totaling $4,760.59 Common reasons for release of tax bill amounts include change in values and months, change in situs, businesses closing/being sold, and clerical errors. 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 and change in The consent agenda items came in the form of a motion by Chair Isenhower, which carried unanimously.  June.  release or refund will be made.  situs.  11. Other Items of Business. None. 12. Manager's Report. Budget Transfers. completed: Capital Transfer: Transfer From: To:  Pursuant to Board authority granted to the County Manager, the following budget transfers have been  NCCS Transfer from Asbestos Management to System-wide Renovations  420-750100-864200-33110-3-06 420-750100-864200-33110-3-13  Asbestos Management System-wide Renovations  $50,000 $50,000  Transfer of funds remaining in the Asbestos Management project for window replacement and asbestos management at Discovery High school to the System-wide Renovations project to renovate the Press Box at Newton-Conover High School ($30,000) and continue conversion of the former Thornton Elementary School  71    July 15, 2024, MB#57  to a high school environment for use by Discovery High School, including removing and capping pre-school  toilets ($20,000). Special Contingency Transfers: NCCF SRO Grant (SRO Unifour Grant)  Transfer From: 110-190100-691500 110-190100-994200 To: 110-210070-656102 110-210070-868278  Special Contingency Special Contingency SRO Unifour Grant SRO Unifour Grant  $15,000 $15,000 $15,000 $15,000  Transferring special contingency to recognize a $15,000 a grant from The Unifour Foundation Inc. from the North Carolina Community Foundation, Inc. to pay for the Sheriff's Office to send 15 SROS through Trauma  Resiliency Model Training. 12. Attorney's Report. None.  13. Adjournment. No further action was taken. Upon a mgtion by Commissioner Beatty which unanimously  carried, the meeting was adjourned at 8:11 p.m.  Randy Isenhower, Chair Catawba County Board of Commissioners Duolle    Dale R. Stiles County Clerk  72