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
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Re pectfuQlly submitted,
U
Janie B Straughn
Collector of Revenue
JBS/pjr
MEMORANDUM
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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 $74 02, see
attached letter)
(See attached letter)
(Refund, see attached
letter)
Request these items be placed on the agenda for the County
Commissioners' meeting of December 18, 1978
cc Mr Fox
attachments
LJP/pjr
1
FRANKLIN L BLOCK
.4TTOftI~EI AT L.r1\ti'
226 PRINCESS STREET - WILiIINGTON N C. 28401
TELePHOVe (919) 763-3463
Mr Larry J Powell
New Hanover County Tax
Administrator
320 Chestnut Street
Wilmington, N C 28401
Dear Mr Powell
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November 22, 1978
This is to confirm our conversation of November 22, 197$, 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
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ATTORNEYS AT LAW ~1
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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
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IKAIQTOR
HCK mar
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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-
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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
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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.
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(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
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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.
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(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.
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(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.
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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