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1978-12-18 RM Exhibits.. a ~a`~ LARRY J POWELL Tax Administrator RAYMONDE BLAKE,JR Appraisal Supervisor ~~~~~~ 320 Chestnut St ~~annber ~tCmtttgton, ,~ ~ 28401 NEW HANOVER COUNTY TAX COLLECTIONS COLLECTIONS THRU NOVEMBER 30, 1978 19'Z 8 Charged Per Scroll $11,681,843 69 Discoveries Added 1,654,105 29 $13,335,948 98 Less Abatements - 27,708 50 Total Taxes Due New Hanover Co $13,308,240 48 Total Collected - 5,114,411 73 Outstanding Balance $ 8,193,828 75 Percentage Collected 38 43% Back Taxes Real Estate Taxes $ 409,753 20 Less Abatements - 1,140 28 Total Collections to Date - 108,573 79 Outstanding Balance $ 300,039 13 Percentage Collected 26 57% Personal Property Taxes $ 415,166 59 Less Abatements - 251 80 Collections to Date - 35,699 75 Outstanding Balance $ 379,215 04 Percentage Collected 8 60% MAE B. STUART Listing Supervisor JANIE B. STRAUGHN Collector of Revenue 1977 ~~ 763-0991 $11,092,525 59 1,627,454 00 $12,719,979 59 - 24,443 78 $12,695,535 81 - 4,883,905 96 $ 7,811,629 85 38 47%n $ 467,381 79 - 871 86 - 132,446 30 $ 334,063 63 28 39% $ 361,133 31 - 211 18 - 25,326 80 $ 335,595 33 7 02°~ Total money processed through Collection Office for New Hanover County, City of Wilmington, Carolina Beach, Kure Beach, and Wrightsville Beach to date $7,624,733 Ol This report is for the fiscal year beginning July 1, 1978 > f~ ( t ~o~ ~~ ~a Re pectfuQlly submitted, U Janie B Straughn Collector of Revenue JBS/pjr MEMORANDUM r ~~ ~'~ ~ .~ ~ r December 13, 1978 TO Mr Dan W Eller County Manager FROM Larry J Powell ~~. Tax Administrator SUBJ Abatements & Refunds In accordance with G S 105-277 1, the following individuals qualify for the Senior Citizens' Exclusion, however, they failed to file application during the regular listing period or did not furnish enough information to enable us to determine their eligibility until such time as they received their tax notices Request the following abatements or refunds be approved to allow these taxpayers the benefit of the exclusion 1 Marie Anderson $ 5 47 2 Esther Capps 55 50 3 Mary Grady 61 05 4 Marie Green 141 08 5 Nellie Harrell 128 25 6 Bessie Little 78 25 7 Mary MaGlenn _128 25 8 John McClean 141 08 9 Hall Moore 128 25 10 E L Newkirk 89 94 11 John Newkirk Hrs 141 08 12 Raymond Richard 37 73 13 Thomas Royal 24 76 14 Robert Shackleford 27 27 15 Juanita Seitter 17 96 16 Norman Spencer 55 50 17 Etta Vines 52 99 18 Woodrow Watson 141 08 19 Seymore Williams 109 95 20 Vashti Willis 94 50 21 Woodrow Wommack 29 93 22 Audrey Jones 128 25 (Refund) (Refund) (Refund) Request the following taxes be released as the taxpayers reported incorrect or incomplete information at the time of listing 1 Horace Alston $ 9 72 2 Azalea Electric Co 16 47 3 Milton Bullard 53 57 (1974) 4 Robert Chevaher 16 05 5 John Chomicki 17 00 Mr Eller Page 2 December 13, 1978 6 John Covington $ 12 93 (Refund) 7 Beatrice Davis 12 25 8 Cheryl Durham 12 03 (Refund) 9 William Foust 31 29 (Refund) 10 Herbie Hayes 53 10 11 Law & Co of Wilm 146 05 (197? Refund) 12 Everett Lewis 76 81 13 Rossie Manning 20 04 14 Sylvia Milan 13 47 (Refund) 15 Marjorie Onoff 30 95 16 Bonnie Perry 14 10 17 Nicholas Ponos 88 50 18 Cecelia Ray 16 83 19 Homer Sanderson 16 72 20 Adelle Strong 73 44 21 Martha Walton 12 11 22 Charles Watson 16 25 (Refund) 23 Weeks Motor Co 114 40 24 Wilm Food System 304 55 (Refund) 25 Wilm Medical Dental Center 245 41 26 David Windham 5 37 27 William Wood 1 29 Request the fol]owing taxes be released as they are double charged 1 John Cox $364 46 (1967-1974) 2 Gore Trask Const Co 29 34 (1975) 3 Clifton Justice 69 81 (1976) 4 Wayne McGirt 44 57 5 Vada Malpass 29 06 6 Redevelopment Commission 49 32 (1976-77) 7 W Robah Thomas 24 90 (1975) 8 Tidewater Drywall Co 43 68 (1976) 9 Lawrence Williams 18 76 Request the following taxes be released as these charges are due to clerical errors in addition, pricing vehicles, mis- figuring the ten percent factor, incoding incorrect information, incorrect lot size charged, or incorrect penalty, etc 1 Henrietta Bergen $124 83 2 Joseph Brown 105 36 (.Refund $77 24) 3 Douglas Day 27 48 (Refund) 4 Herbert Hazard 1 68 5 Vaiden Kendrick 124 66 6 Q C Reynolds 174 12 (Ref 1976-77 $120 38) 7 V L Schnider 8 29 (.Refund) 8 James Stroud 110 92 (Refund) 9 Randall Symes 24 09 10 John M Trask etal 939 00 11 Barbara Woods 5 18 Mr Eller Page 3 December 13, 1978 12 Melrose Dale 13 Willie Rooks $121 58 14 62 Request the following taxes be released as the taxpayers listed the real or personal property within the city or town limits and the property is not located within the municipality 1 Gregory Basinger $ 34 57 2 Walter Bell 19 14 3 Milton Bullard 30 82 (1974) 4 Herbert Cobb 111 55 5 College Acres Amoco 76 94 (Reffund 1976-77) 6 Jane Evans 18 07 7 L B Finberg 24 41 8 Walter Godwin 54 75 9 H & R Block 12 47 10 Donna Jones 15 52 11 Michael Labriola 52 14 12 Laney Tank Lines 26 35 (Refund) 13 D L Peterson Trust 136 92 (1976-77 Refund $90 3E 14 Herbert Rice 88 16 (1977) 15 Andrew Russo 69 47 (1977- $18 04) 16 Robert Thomas 25 17 (1976-77 Refund) 17 Larry Vann 14 31 18 Samuel Wood 14 94 The following taxpayers request the listing penalties be released The individuals listed in items #1 through #4 furnished written statements certifying that they placed the listing in the mail during January 1978 1 Frank Holloway $ 27 10 2 James C Spivey 29 44 3 Grace Swain 50 50 4 Charles Russ 23 09 5 Franklin Block 144 03 6 Arthur Elliot 75 54 7 Harry Kanter etal 8 John Martin 1,804 10 33 68 (Refund) (See attached letter) (Refund $74 02, see attached letter) (See attached letter) (Refund, see attached letter) Request these items be placed on the agenda for the County Commissioners' meeting of December 18, 1978 cc Mr Fox attachments LJP/pjr 1 FRANKLIN L BLOCK .4TTOftI~EI AT L.r1\ti' 226 PRINCESS STREET - WILiIINGTON N C. 28401 TELePHOVe (919) 763-3463 Mr Larry J Powell New Hanover County Tax Administrator 320 Chestnut Street Wilmington, N C 28401 Dear Mr Powell /~^ .G /, I ~_ ~ , r_. November 22, 1978 This is to confirm our conversation of November 22, 197$, in which I indicated that my father had passed away on January 30th of this year Due to the fact that immediately prior to his death and for a period thereafter, I was unable to attend to my business affairs and as a result I failed to list my city and county taxes on time I note on my tax bill that I was assessed a penalty of $144 03 for this lateness in so listing Please accept this letter as a request that I be exempted from the penalty due to the fact that my lateness in listing was excusable neglect If any additional information is needed, please do not hesitate to let me know With kindest regards, I remain Very truly yours, FRANKLIN L BLOCK Attorney At Law FLB/bjd ~~. ~;~- ~--y O ~`" ~~ t U/.c%-~u, /J C 7 ~ ~. V k r-~ ~']~.c. ~r A L~ ~/ '7,-, ~~ J ~j Ali ~-~ .J~GL%t-c u-~./ -s'~'3y ,~,?'ti'~~~ cCl~1 G~--~-. / y ~{~~ 1'~,`-.?~,~'a~r~- 1 U 17 y~ / ~-- ~// .L--i~ Cc~~it'~- /~:~ d~ L~G~''~~ , ~Cjj•'`?,G..t~-f,Yt- ~IJ~C~ ct-~'~.-u-a i~r--c_ ~.~.R.Y ~ ~~C.Ln-.~-v.~~ -Q./-.,./' ~t~jj?.,C,/e-a , tL~~ "~``-~-~~-.-rte '!~'t'`C'U`~ i n (1 r~ J ~C_tz1,L NL .GV-NL- /i~.G c=EG-GM- C) v T " ~.~C/~ ~ d .z ~ ~~ t;U`"i r /G:`.f/.'~.L..£~ /~17.~„~ ,C rr~~s-~.c~.C.G-CXiLPi~- , ~t'I' ,~1hsL Lam'' ~-r4 !~d!'r-wG t 9 GG/ fJ ~.Gr~,'ti-~~' i XV /1-'Z~~'~c-C ~~ ~ yr ., , ly 1 ~~. _<<N I .c.,. V ~., {CANTOR, DAVIDOFF, WINSTON & FERBER, P_ C ATTORNEYS AT LAW ~1 ~, c,e c+ ZOO BARK AVENUE ~ ~ ' ~ _-,.-_ _ ~ ,~! N E w Yo R K, N Y I O O 17 °' `^ ~` ~""' ~ x- ' ~`"`"' .V - ~, I HERBERT C KANTOR `7 ~G.U RRA~ HILL 2 8383 Eu DAVIDOFF CABLE: KANSHARY RICHARD S DAV DOFF '~~.~-.,,t_'.,.~ STEVEN W WOLFE \- ~~ ISAAC M LEVINSON uaao-rani STEVEN WINSTON DAVID I FERBER ROBIN NELSON WOLFE November 20, 1978 .JOHN F M~Hu~H New Hanover County Tax Office 320 Chestnut Street Wilmington, North Carolina 28401 Re Industry Factory Bldg Co 548-PT549-Pt566 & VAC Gentlemen Tax notices with respect to property were previously forwarded in at 315 PZarket Street in 6ilmington, N~ Wessell died last year and all future of Industry-Factory Bldg Co for the should be forwarded to me at 200 Park New York 10017 the above named care of J C Wessell ~rth Carolina iZr notices on behalf above named property Avenue, New York, A copy of the 1978 tax notice is enclosed The notice imposes a listing penalty in the amount of $1,804 10 Your consideration is requested with respect to the abatement of this penalty. It was incurred without knowing the require- ments of the tax office follocaing ~Ir Wessell's death The taxpayer will file all listing notices promptly in the future In this regard, it is requested that tax listing forms be forwarded to my office at the above address so that the forms may be executed and returned to the tax office on a timely basis Sincerely, a`_ HERI3ERT C ti 'S } ,. ~ +' IKAIQTOR HCK mar Enc ~ ~ ~~~ y~ ~ 4~ l~ , 1 ~ . ~~_ ~; ~~ ~ ~~ ~. ~ ,;t~ z~ ~'; ~ j ~ « l~ , ~ 1 ~ . ~ ~~. ~~ ~ rr,.r 4_a. ~. ~,.i.,,_ f- ~ ' f ti~ ~~ r r ~ ~ ~ ` { / . I i`/I [ PIj/ r~~YY ti y ` I ~, f % ~'% '~ J ,~ / ~ .~. I~/6 ~ .~ _ ~ ~ ,. ~ 1`A l ` ~ ` ~ ~. 7~ ~~~ I'~. r l ~ ~ - I` t / k ~ ~ t --- ~ _, _r er ~ l r `~ ( .~ ~s„ ~ i'~ i I `F } :, 1, -: V ,~ ~~ ,~ I x ~ ! r ~.~ '~ t (1 jt ~ ;~ ~ 1 i ~ ~ , ,. ~ ~ r. ~~ ~ r .., ~ `~... ~ ~ ,~ i a t j ~ a` f r :, ~~, ~, ; `r r i 1 \ ~ ~ ~ ,t ~,t ~~^ \ \ t , i t r i,. 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RESOLUTION NEW HANOVER COUNTY BE IT RESOLVED by the New Hanover County Board of Commissioners that, in order to comply with the adoption on June 13, 1978, by the North Carolina State Building Code Council of three local option rules supplementing the National Electrical Code, the Annex "A", County of New Hanover Code - "Electricity" adopted September 24, 1975, Section 8 54 of Article IV of Annex A, County of New Hanover Code - "Electricity" be and the same is hereby amended by deleting all of said section and substituting thereon the following "Section 8-54 Compliance with laws as to electrical wiring installations THREE OF SEVEN LOCAL OPTION RULES SUPPLEMENTING NATIONAL ELECTRICAL CODE REVISED BY THE NORTH CAROLINA STATE BUILDING CODE COUNCIL MARCH 11, 1975, AMENDED PURSUANT TO REVISIONS OF THE NORTH CAROLINA STATE BUILDING CODE COUNCIL JUNE 13, 1978 The following rules are intended to apply to per- manent buildings or structures covered by the National Electrical Code Rule No 2. All permanent buildings, wherever situated, which are required to have an Emergency System Power Source by the State Building Code shall have the service entrance conductors enclosed in approved raceway; and in addition to the above, all portions of the required emergency lighting system for the entire building shall be wired in metal raceway, non-metallic raceways encased in not less than 2" of concrete, mineral-insulated metal-sheathed cable, or Type MC cable as permitted by the State Electrical Code The total area of any specific place of assembly shall include the area of balconies and the area of connect- ing rooms with movable partitions*. *Exception to Rule 2 Sound Equipment, Communication Circuits, Class 2 and Class 3 remote control and signal circuits, and fire protection signalling circuits as per- mitted in the National Electrical Code Rule No. 3 Each individual gasoline pump, dis- penser, lighting standard or other electrical devices located where gasoline or other volatile flammable liquids or liquefied flammable gases are transferred to the fuel tank of any motor vehicle shall be supplied through an individual rigid metal conduit. The above is not intended to prohibit the consolidation of such individual conduits outside of the hazardous areas, or consolidation within an approved junction box flush with the dispensing island surfaces Rule No 4 Service Equipment shall not be lo- cated in any attic, clothes closet, kitchen storage cabinet, bathroom, toilet room, coal or trash bin -2- r r The foregoing amendment is effective January 1, 1979 Ellen C Williams, Chairperson New Hanover County Board of Commissioners (SEAL ) ATTEST ~ C~ . Deputy, Clerk to the Board -3- -.~K~~' ~' tv11NUTES OF A REGULAR MEETING OF County Commissioners OF New Hanover (Governing Board) (County) Count NORTH CAROLINA A regular meeting of the County Commissioners of the County of New Governing Board Hanover, was held in the Commissioners Assembly Room, the regular meeting place, on Monday, December 18, 1978 Five Commissioners were present The County Commissioners were advised that a proposed contract, between the Governing Board County of New Hanover and North Carolina Department of Natural and Economic Resources for the provision of planning services was presented and discussed, that, under the terms of the said contract, the County of New Hanover will pay a total of $ 2,640 00 !as its local share of the planning cost Commissioner O'Shields introduced the following resolution, which was read "BE IT RESOLVED, BY THE COUNTY COMMISSIONERS OF THE COUNTY OF NEW HANOVER Governing Board I) That the contract between the County of New Hanover and the North Carolina Department of Natural and Economic Resources be and i~he same is hereby approved 2) That the County Manager and the Clerk be and they are hereby authorized to sign and execute the said contract for and on behalf of the County of New Hanover and forward the same to the North Carolina Department of Natural and Economic Resources 3) That upon final execution a copy of the said contract be filed with the minutes " Upon motion of Commissioner Claud o'shields, Jr seconded by Commissioner Karen Gottovi said resolution was unanimously passed I, Norma E Philpott , Deputy Clerk of 'Fhe Board of Commissions. of New Hanover County, Wilmington North Carolina do hereby certify that the foregoing is a true copy of so much of the proceedings of the regular meeting of the County Commission~~s of New Hanover County at a meeting held on December 18. 19 78 r as related to the contract, between the County of New Hanover and the N C Department of Natural and Economic Resources, relative to the planning project fir the County of New xanove.r Witness my hand and the corporate seal of the said , this the /~ day o f ~„=~.~„~;~l,,r,~,~ 19~ ~~ SEAL CLERK. v i N. C. DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT COASTAL PLANNITJG AND MANAGEMENT GRANT PROGRAM SPECIAL TERMS AND CONDITIONS 1 Contract number - 2313 2 Effective date - October 15, 1978 3. Contracting parties - New Hanover County (hereinafter called the "Local Government") and the N.C DNRCD (hereinafter called the "Department") 4 Grant amount awarded - $10, 560 5 Local match requirement - $2,640 in cash on or before January 31, 1979 6. The work plan, or scope of services, to be performed hereunder shall be submitted to the Department by January 15, 1979, and upon approval by the Department shall become Attachment "A" to this Contract and be incorporated herein 1 7. Due dates of progress reports - February 28, 1979 T•Tay 31, 19 7 9 August 31, 1979 8 Total amount of compensation - .$13,200 (Note To be paid according to schedule in Attachment "A" ) 9 Unless ctherwise provided for in the Attachment "A" as approved by the Department, ten (10} copies of each final report shall be furnished to the Department STANDARD TERMS AND CONDITIONS WHEREAS, The Department has been established under authority of the General Statutes of North Carolina, Section 113.15.1; and recreated and reconstituted under the authority of Section 143B-275 et. seq.; and is charged with the responsibility of assisting local governments with developing and carrying out local coastal planning and management programs by Sections 113A-112 and 113A-124 of the General Statutes, and WHEREAS, The General Statutes empower the Department (1) To provide planning assistance to local governments and (2) To receive, disburse and expend federal, state and local funds for the purpose of providing planning assistance to local governments .... and to enter into contracts with the federal government, state and Local governments; and WHEREAS, the Department desires to cooperate with the Local Government in initiating or furthering a local planning and management program; and WHEREAS, the planning program shall be partially financed by the contribution of local funds or cash equivalent services NOW, THEREFORE, the parties hereto do mutually agree as follows (1) General Responsibilities of Local Government - The Local Government shall: (a) cooperate in every way in the conduct of this project and make available research material, data, maps, and other statistical records of the Local Government; (b) arrange regular meetings of the Planning Board and other officials to review work carried out under this Contract and make such recommendations as are required; and (c) appropriate to the Departmen+ its propor- tionate share of the cost of the project as set forth in the special terms and conditions. - 2 - (2) Provision of Funds - For the purpose of providing funds to carry out this Contract, the Local Government has been awarded a local planning and management grant by the North Carolina Department of Natural. Resources and Community Development as indicated in the special terms and conditions. To satisfy the match requirement of this. grant, the Local Government shall pay the Department (make check payable to the North Carolina Department of Natural Resources and Community Development) the sum indicated in the special terms and conditions, to be paid as indicated. The Department may withhold payment to the Local Government for all or any portion of the services required to be performed in this Contract until the Local Government has paid the first or any subsequent installment to the Department. (3) Obligation of Grant Funds - Grant funds may not be obligated prior•to the effective date or subsequent to the termination date of the grant period. Obligations outstanding as of the termination date shall be liquidated within 60 days after the date specified in Paragraph 5. Such obligations must be related to goods or services provided and utilized within the grant period. (4) Designated Personnel Contacts - The Secretary of the Depart- ment, having been authorized by appropriate and proper resolution, shall act for the Department] and the local official signing the grant application, having been authorized by appropriate and proper resolution, shall act for the Local Government. (5) Time of Performance - The Local Government shall ensure that the services required hereby are to be undertaken and completed in accordance with the grant application and any special terms and conditions, and that all of the services required shall be completed and all required drafts of reports, maps, and documents be submitted by August 31, 1979. (6) Area Covered - Unless otherwise specified, the Local Govern- ment shall ensure that all the necessary services provided under this Contract shall be performed in connection with and respecting the planning and management jurisdiction of the Local Government. (7) Scope of Services - The Local Government shall perform and carry out in a satisfactory and proper manner as determined by the Department the services described in the grant application and any special terms and conditions attached hereto. (8) Changes - The Department or the Local Government., from time-to-time, may require changes in the scope of services to be performed hereunder. Such changes, including any increase or decrease in the amount of the Local Government's compensation, which are mutually agreed upon by and between the Department and the Local Govern- ment, shall be incorporated in written amendments to this Contract. The following procedure shall be used for amendments: (A) The Local Government makes a written request to the Department for an amendment. - 3 - ~B) The Department reviews and approves or disapproves request in a written reply. (C) If the proposed amendment is disapproved, the Department shall inform the Local Government in writing of the following where applicable: (a) reason request was disapproved, (b) information needed by the Department to approve request; and (c) possible alternatives available to the Local Government dealing with grant requirements, work program and financial arrangement. (D) Upon written approval by the Department that the proposed amendment is in order and that the proposed financial arrangement is satisfactory and properly reflects the magnitude of the proposed changes, the Department shall prepare four (4) copies of the letter of amendment to be co-signed by the Department and the Local Government. (9) Termination of Contract for Convenience - Either the Depart- ment or the Local Government may terminate this Contract by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (3fl) days before the effective date of such termination (10) Termination of Contract for Cause - If through any cause the Local Government shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if the Local Government shall violate any of the covenants or stipulations of this Contract, the Department shall thereupon have the right to terminate this Contract by giving written notice to the Local Government o~f such termination ~ and specifying the effective date thereof Upon the Local Government s receipt of such notification, all work shall immediately cease and no further expenditures shall be claimed against this Contract except for work already performed. Notwithstanding the above, the Local Government shall not be relieved of liability to the Department for damages sustained by the Department by virtue of any breach of this Contract by the Local Government, and the Department may withhold any payments to the Local Government for the purpose of setoff until such tj.ime as the exact amount of damages due the Department from the Local Government is determined. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared for the Local Government under this Contract shall, at the option of the Department, become its property, and the Local Government shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. - 4 - (11) Equal Employment Opportunity -The Local Government agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U. S. C. 2000d), and Department of Commerce Regulations implementing Title VI (15 CFR Part 8) and in accordance with Title VI of the Civil Rights Act of 1964, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Local Government receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. It will comply with Title VI of the Civil Rights Act of 1964 (42 U. S. C. 2000d) and Department of Commerce Regulations (Section 8.4 (c)) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment, or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant-aided activity. (12) Citizen Participation - (A) Citizens in the Local Government jurisdiction shall have the opportunity to help initiate and implement plans as well as react to proposals. (B) Clear and direct access to the decision making process shall be provided to all citizens in the jurisdiction, and meeting places and times shall be widely publicized on a regular basis. (C) All information pertaining to these activities (except when such information is a breach of public trust) shall be available to citizens upon request, and information shall be provided on a continuous basis and sufficiently in advance of public decisions to permit a thorough citizen review of proposals and an opportunity to react. (13) Officials Not to Benefit - No member of or delegate to the Congress of the United States of America and no Resident Commissioner shall be admitted to any share or part in this Contract or to any benefit to arise herefrom. (14) Interest of Members of Department and Others - No officer, member or employee of the Department, and no member of its governing body, and no other public official of the governing body of the community in which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall (a) partici- pate in any decision relating to this Contract which affects his personal interest or the interest of any corporation, partnership, or association in which he is, directly or indirectly, involved; or (b) have any personal or pecuniary interest, direct or indirect, in this Contract ar the proceeds thereof. (15) Meetings - The Local Government shall ensure that the staff member designated by the Contractor and approved by the Department to assist in performing the work program shall participate in those meetings and public hearings necessary for the preparation of the work program for acceptance and adoption. (16) Access to Records - At any tune during normal business hours and as often as the Department, the Department o.f State Auditor of the State of North Carolina, the U. S. Department of Commerce and/or the Comptroller General of the United States may deem necessary, the - 5 - Local Government and the Contractor shall make available to the Department, the U. S. Department of Commerce and/or representatives of the Department of State Auditor and/or Comptroller General for examination all of its records with respect to all matters covered by this Contract and shall permit the Department, the U. S. Department of Commerce and/or representatives of the Department of State Auditor and/or the Comptroller General to audit, examine and make excerpts of transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Contract. (17) Retention of Records - The Local Government shall retain all financial records, supporting documents, and other pertinent records related to expenditures against the grant received for a period of three years. In the event such records are audited, all records shall be retained beyond the three-year period until audit findings have been resolved. (18} Adjustment Upon Audit - Costs incurred against this grant which are found to be unallowable on the basis of an audit examination shall be subject to repayment to the Department by the Local Government. The total cost identified as being unallowable shall be submitted by check made payable to the Department. (19) Designation and Employment of Contractor - To carry out the work program, Attachment A, of this Contract, the Local Government shall utilize the services of its in-house planning staff or it shall subcontract the services to be performed therein to a private consultant or public agency (The Local Government's in-house planning staff and/or contractor employed is herein referred to as "Contractor," and the person designated to carry out the Contractor's responsibilities is herein referred to as "Planner-In-Charge"). The Local Government shall provide the Department prior to the executing of a subcontract with its Contractor and not later than ninety (90} days from the beginning date of this Contract (A) a resume of the person responsible for the project on a Planner-In-Charge form provided by the Department. (B) a copy of the proposed subcontract between the Local Government and the Contractor. The Local Government shall then receive written notice as to whether the subcontract meets the requirements of this Contract. The Local Government shall assume complete responsibility for t,~e faithful and satisfactory performance of any Contractor retained in conjunction herewith, and shall be wholly and completely liable for the satisfactory performance of any such Contractor, and shall hold the Department harmless and without liability with respect to the performance of any such Contractor. - 6 - (20) Responsibilities of Local Government with Respect to Contractor - (A) The Local Government shall ensure that any Contractor represents that he has, or will secure at his own expense, all qualified personnel under his supervision required to perform the services under this Contract. (B) The Local Government shall ensure that its Contractor shall not sub-contract any of the work or services covered by this Contract. Should the need arise for work or services to be further contracted to other parties, the Department and the Local Government, shall, subsequent to a written amendment, enter into such additional agreements as are required. (C) The Local Government shall ensure that the personnel designated by any Contractor in the attached work pro- gram shall be assigned to this Contract for the time and task indicated. Modifications in the above listed staff assignment to this project can only be made with the Department's written approval, as provided for by Paragraph 8 hereof. In the event of unauthorized changes in personnel engaged in the performance of this Contract, or in the event that the Department makes an administrative determination that the Contractor's current personnel are in fact not qualified under Paragraph 19 above or are assigned an excessive workload to the end that the quality of work to be completed hereunder cannot be~maintained at an acceptable level of professional caliber, the Depart- ment may terminate this Contract under the terms of Paragraph 10 hereof. (D) The Local Government shall require that any Contractor covenant that he presently has no interest and shall not acquire any interest, direct or indirect, nor employ any person having such interests which would conflict in any manner or degree with the performance of services required to be performed under this Contract. (21) Assignability - The Local Government shall not assign any interest in this Contract or transfer any interest in the same (whether by assignment, novation, or subcontract). (22) Compensation - The Department shall pay to the Local Government an amount not to exceed that amount specified in the special terms and conditions for the sen>ices identified in Attachment A. If the amount specified in the Sub-contract between the Local Government and the Contractor is less than the total amount the Depart- ment has agreed to pay the Local Government, it shall be the responsibility of the Local Government to send to the Department for review and subsequent approval a descriptive work program for which the remaining funds will be utilized. This will be necessary only if the work program contains elements which were not part of the grant request originally approved by the Department. -~- (23) Periodic Reporting Requirement - The Local Government shall prepare and submit to the Department such progress reports as are indicated in the special terms and conditions. The reports shall be submitted at the times called for therein. Requisition for payment, according to the schedule established by this Contract, shall be subject to authorization by the Department upon the basis of a state- ment from the Local Government that reasonable and satisfactory progress is being made on the project. (24) Project Completion Report - A project completion report shall be prepared by the Local Government or its Contractor for each project receiving a grant award. This report shall conform to content and format requirements provided to the Local Government by the Department at least sixty (6d) days prior to the due date for this final report. A draft of this report shall be submitted to the Department with or prior to submission. of the final request for payment. The final twenty-five percent (25~) of the total compensation due shall not be paid to the Local Government prior to the Department's acceptance of a satisfactory completion report. (25) Method of Payment - Upon determination by the Department that the services have been satisfactorily completed, the Department shall pay the Local Government the amount set forth in the special terms and conditions. Such sum shall be paid in every case subject to receipt of a signed requisition for payment in triplicate in connec- tion with the progress reports required under Paragraph 23. This requisition shall specify that the work performed is in conformance with this Contract and therefore is entitled to receive the amount requisitioned under the terms of this Contract. Should the Local Government prefer that payment for services rendered in sugport of this Contract be directly made to the Contractor, the Local Government shall submit a letter to the Department requesting authorization for the Contractor to requisition for payment on its behalf. The transferrence of this right shall not relieve the Local Government of any responsi- bilities herein stated. The Local Government shall be compensated according to the schedule set out in the special terms and conditions. Zn the event all work specified to be completed in the quarterly work program is not completed, payment shall be made on the basis of the percentage of work demonstrated by the Local Government as completed on each element for which work has been performed. Additionally, should all elements of the work program called for in the grant be completed prior to the end of the contract period, full payment shall be made subject to approval of the fi~~a1 report submitted to the Department. The final twenty-five percent (25~) of the total amount of compensation due shall not be paid prior to the Department's acceptance of a satisfactory project completion report as called for in Paragraph 24 - 8 - Finally, should the final requisition for payment which accompanies the progress report be received by the Department after the deadline specified in the special terms and conditions, the grant portion of said requisition cannot be honored; however, the remaining local match portion shall be refunded to the Local Government. (26) Reports and Maps - The Local Government shall ensure that all final reports (excluding required periodic progress reports) developed under this Contract shall be printed by the offset process or other process of similar quality and cost efficiency approved by the Department. Each report shall be bound, and the general format shall follow good literary practice approved by the Department. Unless otherwise provided in the special terms and conditions, ten (10) copies of each report shall be furnished to the Department prior to requisitioning payment for the full cost of the services. (27) Identification of Documents - All reports, maps, and other documents completed as part of this Contract, other than documents exclusively for internal use within the Department, shall carry the following notation: The preparation of this report (map, document, etc.) was financed in part through a grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the Office of Coastal Zone Management, National Oceanic and Atmospheric Administration. (28) Publication, Reproduction and Use of Material - No material produced in whole or in part under this Contract shall be subject to copyright in the United States or in any other country.. The Department, the Local Government, and the U.S. Department of Commerce shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, or other materials prepared under this Contract. (29) Checkpoint Procedure (for projects entailing published documents only) - (A) The Local Government shall submit to the Department one (1) copy of the preliminary draft for any report, map, chart, or other document required by Paragraph 7 sixty (60) days prior to the final completion date for the report. (B) The Department shall send a written evaluation of the preliminary draft to the Local Government. (C) The Department evaluation and. recommendations received from other review agencies and officials shall be considered when preparing the proposed final report. (D) Unless this provision is waived in writing by the Department, the Local Government shall submit one (1) copy of the proposed final draft report prior to printing. - 9 - (E) After the Local Government has received written evaluation of the proposed final report from the Department and such changes and additions as required by the Department have been made, the final report shall be printed. (30) Environmental Assessment Statement - The Local Government shall ensure that an environmental assessment statement is prepared for certain activities where deemed appropriate by the Department and required in the special terms and conditions. Each of these environmental assessments (which shall not be written as a justification for any proposed project plan, program, task or policy) shall: A) Include the following minimum content: 1. A summary or abstract of the proposed plan(s) or policy(s); 2. The environmental impact (beneficial as well as adverse) of the proposed plans} or policy(s) if it is carried out; and, mitigation measures proposed to minimize the impact; 3. Any adverse environmental effects which cannot be avoided should the proposed plan(s) or policy(s) be implemented; 4. Alternatives to the proposed plan(s) or policy(s) and an analysis of those alternatives; 5. The relationship under the proposed plan(s) or policy between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity; 6. Any irreversible and irretrievable commitments of resources which would be involved if the proposed plan(s) or policy(s) should be implemented; 7. A statement setting forth applicable federal, state, and local environmental controls; and 8. Specific data as needed to enable state agency personnel to evaluate the probable environmental effects of the proposed project or plans. B) Be appended to the resulting proposed plan or proposed action and accompany the plan through all deliberations leading to approval and subsequent admendments; and C) Be available to the public on a timely basis, including availability before any public hearing (s} regarding the plan or proposed action. - 10 - (31) Indemnification - Notwithstanding any provisions of this Contract, it is expressly agreed that: (A) The Local Government shall carry out the programs under this Contract independently and not as an agent of the Department; (B) The Local Government shall assume sole and complete responsibility for the conduct of the programs in such a manner as to assure the safety and welfare of all persons participating in or in any way involved in, or affected by, any activities conducted by such projects. The Department, by its provisions for this project, undertakes no responsibility in this regard; (C) The Local Government shall idernnify and save harmless the Department, including its agents, officers, and employees, from and against any and all claims, demands, suits, judgements, settlements, etc., for sums of money for or on account of personal injuries, property damage, invasion of real property, or loss of life or property of any persons whether in contract or tort, or in any way connected with, the performance of the project covered by this Contract until the statute of limitations has expired or until such time as the final audit findings have been resolved. (D) Further, the Local Government expressly releases the Department from any liability or any losses or damages suffered by the Local Government, directly or indirectly, from or in any way connected with the performance of this Contract. (E) The Local Government shall take all necessary steps, such as providing for insurance, etc., as may be required to effectuate this Paragraph.. (32) Applicability of State and Local Practices - Except where inconsistent with federal requirements, state procedures and practices shall apply to funds disbursed by the Department and local procedures and practices to funds disbursed by the Local Government. Federal Management Circular No. 74-4, "Principles for Determining Costs Applicable to Grants and Contracts with State and Local Government," shall be complied with by the Local Government with respect to the treatment of specific items and their cast allowability. (33) Accounting System and Recording arcl Documentation of Receipts and Expenditures - The Local Government shall establish fiscal control and fund accounting procedures which assure proper disbursement of, and accounting for, grant funds and required nonfederal expenditures. - 11 - Accounting procedures must provide for an accurate and timely recording of receipt of funds by source, of expenditures made from such funds, and of unexpended balances. Controls shall be established which are adequate to ensure that expenditures charged to grant activities are for allowable purposes and that documentation is readily available to verify that such charges are accurate. (34) Additional Documents Establishing Governing Conditions Adopted by Reference - The parties hereto do further mutually hereby adopt by reference Federal Management Circular 74-4, and the Grants Management Manual for Grants Under the Coastal Zone Management Act of the Office of Coastal Environment, National Oceanic and Atmospheric Administration. These documents shall govern all matters where expressly specified herein, and additionally all matters upon which this Contract is silent. ~~ -iz- IN WITNESS WHEREOF, The Department and the Local Government have execu ed this Contract as of this ~~t~- day of~.~.,~r,,,~,,,~i~~ 19. LOCAL GOVERNMENT SIGNATURES: ~,. ~' ' Clerk (Seal) r~ r „ ~ `~ ,1 1~ APPROVED AS TO LEGAL FORM AND LEGAL ADEQUACY ~~ ~ ~~ Attorney ~ C@Yti'!'~`y""~~'O'2['= rr-~rf-'c^_-_c~It~Ct~J~"sTdne~-.S To the best of my knowledge, provision for the payment of monies to fall. due under this Contract has been or will be made by appropriation duly made or by bonds or notes duly authorized, as required by the Fiscal Control Act. ` Finance Officer ********~******,x*************~*~~*~***~***************~**,~****~r**~x***** N. C. DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT SIGNATURES: Attorney General Office Deputy Secretary For Howard N. Lee, Secretary