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Agenda 2020 12-07NEW HANOVER COUNTY BOARD OF COMMISSIONERS AGENDA Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301, Wilmington, NC 28401 Julia Olson - Boseman, Chair I Patricia Kusek, Vice -Chair junathan Barfield, Jr. , Commissioner I Woody White, Commissioner I Rob Zapple, Commissioner Chris Coudriet, County Manager I Wanda Copley, County Attorney I Kym Crowell, Clerk to the Board DECEMBER 7, 2020 4:00 PM MEETING CALLED TO ORDER (Chair Julia Olson - Boseman) INVOCATION (Pastor Patrick Hall, Cape Fear Free Will Baptist Church) PLEDGE OF ALLEGIANCE (Vice -Chair Patricia Kusek) APPROVAL OF MI NUTES (Regular Meeting held on November 16, 2020) PRESENTATI ON OF THE ORDER OF THE LONG LEAF PI NE TO DONNA GI RARDOT BY CHAI R OLSON- BOSEMAN, SPONSORED BY LAURA PADGETT PRESENTATION OF APPRECIATION GIFTS: Vice -Chair Patricia Kusek Commissioner Woody White ADMINISTRATION OF OATHS OF OFFICE: Jonathan Barfield, Jr. by The Honorable James H. Faison, I 11, District Court Judge, Fifth Judicial District Deb Hays by The Honorable J. H. Corpening, 11, Chief District Court Judge, Fifth Judicial District Bill Rivenbark by The Honorable J. H. Corpening, 11, Chief District Court Judge, Fifth Judicial District ELECTION OF CHAI R AND VICE -CHAT R (Wanda M. Copley, County Attorney, Presiding) [7IV"N, APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Adoption of Public Officials Bond Resolution 2. First Reading: Approval of Solid Waste Franchise Renewal for KJD Enterprises dba Go Eco Disposal 3. First Reading: Approval of Solid Waste Franchise for T.A.C.L., Inc., dba Trash for Troops 4. Approval of Four Donations for Accession into the Museum's Permanent Collection 5. Approval of One Item to be Deaccessioned from the Museum's Board of Commissioners - December 7, 2020 Permanent Collection 6. Adoption of Resolution - Designation of Applicant's Agent for Annual Hazard Mitigation Assistance Programs, Tropical Storm Michael, Hurricane Dorian, Covid -19, and Hurricane Isaias 7. Approval of October 2020 Tax Collection Reports 8. Adoption of Budget Amendments 9. Appointment of Voting Delegate to the NCACC 2021 Legislative Goals Conference ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 15 10. Consideration of The Healing Place of New Hanover County Project 10 11. Consideration of Resolution Authorizing the Negotiation of an Amendment to an Installment Financing Contract, Directing the Publication of Notice with Respect Thereto and Providing for Certain Other Related Matters Thereto 5 12. Committee Appointments 15 13. Consideration of New Hanover County Support for Ongoing School Operations and Reopening for Full -Time, On -site Pre -K through 5th Grade Learning PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) 14. Persons wishing to submit a public comment on a non - agenda item to be shared during the meeting may do so by 9:00 p.m. on December 6, 2020 by calling (910) 798 -7411 to leave a message or by emailing comments @nhcgov.com. The public comment voicemails will be played aloud and the public comments emails will be read aloud by a staff member during the meeting. ESTI MATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 15. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 16. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Board of Commissioners - December 7, 2020 Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity - Accountability - Professionalism - Innovation - Stewardship Board of Commissioners - December 7, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/7/2020 Consent DEPARTMENT: County Attorney PRESENTER(S): Kemp Burpeau, Deputy County Attorney CONTACT(S): Kemp Burpeau SUBJECT: Adoption of Public Officials Bond Resolution BRIEF SUMMARY. Pursuant to General Statute 58- 72 -20, the board is to review annually the Surety Bond coverage for the following: Finance Officer $500,000 Sheriff $ 25,000 Register of Deeds $ 50,000 Tax Collector $100,000 Staff has verified that adequate coverage is in full force and effect. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 7, 2020 ITEM: 1 NEW HANOVER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVAL OF PUBLIC OFFICIALS BOND WHEREAS, pursuant to Chapter 58 -72 -20 of the North Carolina General Statutes, the Board of County Commissioners conducts an annual review of public official bonds; and WHEREAS, said bonds have been reviewed by the County Attorney and found to be in full force and to be in proper format. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby approve the Surety Bond for the Finance Officer, Sheriff, Register of Deeds, and Tax Collector. This designation of approval is hereby incorporated within the respective bond as if set out in its entirety on the face thereof. ADOPTED, this the 7t" day of December, 2020. NEW HANOVER COUNTY Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 7, 2020 ITEM: 1 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/7/2020 Consent DEPARTMENT: County PRESENTER(S): Kemp Burpeau, Deputy County Attorney and Joe Suleyman, Attorney Environmental Management Director CONTACT(S): Kemp Burpeau Joe Suleyman SUBJECT: First Reading: Approval of Solid Waste Franchise Renewal for KJD Enterprises dba Go Eco Disposal BRIEF SUMMARY: New Hanover County requires a county issued franchise to collect solid waste. Pursuant to County Ordinance 44.55, the applicant has provided information about his business organization, equipment, personnel and fiscal responsibility. The Environmental Management Director has no objections to the franchise request. The renewal franchise period would run for seven years. Staff has reviewed only for compliance with the County Code. Prospective customers of any hauler must make their own determination as to suitability of provider and services. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize franchise award. This matter will then be placed on the next agenda for the second approval required for final franchise award. Upon award, the company will provide Certificates of Insurance, agree to not bring outside waste into the county and to haul all waste to a county designated facility, if required by law. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 7, 2020 ITEM: 2 Franchise Agreement Renewal KJD Enterprises, dba Go Eco Disposal 142 Spring Creek Ln, Wilmington, NC 28411 910 -399 -4400 service @goecodisposal.com Residential trash and recycling services Owners: Kevin Hinsdale, 1465 Eastbourne Dr, Wilmington, NC 28411 Phone: 910 -616 -5697 David Hinsdale, 142 Spring Creek Ln, Wilmington, NC 28411 Phone: 910 -685 -6955 Business Mailing address: PO Box 10602, Wilmington, NC 28404 Office phone: 910- 399 -4400 Business established in Sept 2009. Equipment: Residential trash and recycling bins: > 3000 Trucks: Garbage: 2010 Peterbilt 2002 Peterbilt 1998 Crane Carrier Bulk: 2004 Ford F450 stake body 2006 Ford F250 3 employees,: one clerical, 2 drivers. Both owners also drive. Board of Commissioners - December 7, 2020 ITEM: 2 - 1 - 1 New Hanover County Contract # 21 -0247 STATE OF NORTH CAROLINA AWARD OF FRANCHISE AGREEMENT FOR COUNTY OF NEW HANOVER SOLID WASTE SERVICES THIS FRANCHISE AGREEMENT made and entered into this the day of 2020, by and between NEW HANOVER COUNTY, North Carolina, a political subdivision of the State of North Carolina, hereinafter called "County" and KJD ENTERPRISES INC., dba GO ECO DISPOSAL, with its principal mailing address 142 Spring Creek Lane, Wilmington, NC 28411, hereinafter called "Operator." WITNESSETH WHEREAS, the County has, through the power granted to it under G.S. 153A -136, adopted an ordinance regulating the collection and disposal of solid wastes and requiring that all waste haulers have a license and a franchise in order to operate in the County, in order to provide the residents and commercial customer of the County with reliable, environmentally sound waste disposal now and in the future; and WHEREAS, Operator has contracted with commercial and /or residential customers located in New Hanover County in order to provide solid waste collection and disposal; and NOW THEREFORE, in consideration of the mutual benefits inuring to the parties hereto, and based upon the mutual covenants contained herein and the considerations stated herein, the parties do hereby covenant and agree, and County hereby conveys a non- exclusive franchise to Operator, to collect and dispose of solid wastes to commercial and /or residential customers in the County. The parties therefore agree to the following terms and conditions: 1. Terms of Agreement. The initial term of this Franchise Agreement shall be seven (7) years from the date of signing. The Franchise may automatically renew and extend for a subsequent seven (7) year term, contingent upon County Commissioners approval pursuant to G.S. 153A -46. 2. Scope of Services. For the term of this Franchise Agreement, Operator agrees to provide commercial and /or residential customers with solid waste collection and transportation to County- approved disposal sites. 3. Disposal at County- Approved Facilities. Operator agrees to dispose of all waste collected in the County, as part of this franchise agreement, at County- approved facilities consistent with State law. With regard to County- approved facilities, said approval must be obtained by Operator prior to the disposal at said facilities, and said approval shall be granted or denied entirely at the discretion of the County. The County also has the authority to designate which facilities shall be used. 4. Administration /Billing. All billing of customers shall remain the responsibility of the franchisee. 5. Franchise. It is understood and agreed that all of the terms and conditions of New Hanover County Code Chapter 44, entitled "Solid Waste," pertaining to a franchise Board of Commissioners - December 7, 2020 ITEM: 2 - 2 - 1 New Hanover County Contract # 21 -0247 for solid waste collections are incorporated herein by reference and made a part hereof as if fully set forth, including but not limited to insurance requirements. 6. Personnel and Equipment. Operator shall equip and maintain all vehicles with staff and equipment to comply with any applicable regulations and laws. 7. Independent Contractor. It is mutually understood and agreed that Operator is an independent contractor and not an agent of the county, and as such, Operator, its agents and employees shall not be entitled to any County employee benefits, and as such, Operator, its agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, workers' compensation, or pension or retirement benefits. 8. Indemnity. To the extent permitted by law, Operator shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Operator hereunder, resulting from the negligence of or willful act or omission of Operator, its agents, employees and subcontractors. To the extent permitted by law, the County shall indemnify and hold the Operator, its agents and employees, harmless against any and all claims, demands causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or related to the solid waste services operated and administered by the County, and resulting from the negligence of or willful act or omission of the County, its agents, employees, and subcontractors. 9. Business Auto Liability. Operator shall maintain applicable Business Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos used in the performance of work or services. 10. Assignment, Contracting_ The parties agree that this agreement is not transferable or assignable by either party without the written consent of the other party to this agreement. Operator shall not subcontract with another entity to perform the services described herein without the approval of the County Manager or his designee. 11. Termination. The franchisee may terminate this franchise upon three hundred sixty -five (365) days written notice, or less notice with the consent of the County. The County may only revoke the franchise for cause as set out in Chapter 44, "Solid Waste," of the New Hanover County Code. This franchise may be modified or revoked by the County in the event that an ordinance is passed by the Board of Commissioners creating an exclusive franchise system for residential solid waste collection in the unincorporated County. 12. Non - Waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this agreement or to exercise any right based upon Board of Commissioners - December 7, 2020 ITEM: 2 - 2 - 2 New Hanover County Contract # 21 -0247 a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this agreement. 13. Equal Opportunity. In connection with the performance of this agreement, Operator agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, or national origin. 14. Entire Agreement. This agreement constitutes the entire understanding of the parties with regard to the provision of solid waste collection and disposal. No modification of rescission of this agreement shall be effective unless evidenced by a writing signed by both parties to this agreement. 15. E- Verify Compliance. Operator shall fully comply with the U.S. Department of Homeland Security employee legal status E- Verify requirements for itself and all its subcontractors. Violation of the provision, unless timely cured, shall constitute a breach of contract. IN WITNESS THEREOF, the parties have hereunto set their hands and seals by authority duly given, on the day and year first above written. STATE OF COUNTY KJD Enterprises Inc. dba Go Eco Disposal (SEAL) President I, , a Notary Public of the State and County aforesaid, certify that came before me this day and acknowledged that (s)he is President of KJD ENTERPRISES INC., dba GO ECO DISPOSAL, a North Carolina corporation, and that by County duly given and as the act of the corporation, the foregoing instrument was signed and sealed in its name by its President. WITNESS my hand and official seal, this day of 2020. Notary Public My Commission Expires [SEAL] New Hanover County digital signature page attached hereto and incorporated herein by reference. Board of Commissioners - December 7, 2020 ITEM: 2 - 2 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/7/2020 Consent DEPARTMENT: County PRESENTER(S): Kemp Burpeau, Deputy County Attorney and Joe Suleyman, Attorney Environmental Management Director CONTACT(S): Kemp Burpeau and Joe Suleyman SUBJECT: First Reading: Approval of Solid Waste Franchise for T.A.C.L., Inc., dba Trash for Troops BRIEF SUMMARY: New Hanover County requires a county issued franchise to collect solid waste. Pursuant to County Ordinance 44.55, the applicant has provided information about his business organization, equipment, personnel and fiscal responsibility. The Environmental Management Director has no objections to the franchise request. The renewal franchise period would run for seven years. Staff has reviewed only for compliance with the County Code. Prospective customers of any hauler must make their own determination as to suitability of provider and services. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize franchise award. This matter will then be placed on the next agenda for the second approval required for final franchise award. Upon award, the company will provide Certificates of Insurance, agree to not bring outside waste into the county and to haul all waste to a county designated facility, if required by law. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 7, 2020 ITEM: 3 AK ................. I U I 0 NONE- *4L MISSION STATEMENT OUR MISSION IS TO PROVIDE OUR CUSTOMERS WITH THE HIGHEST LEVEL OF WASTE AND RECYCLING COLLECTION SERVICE IN SOUTHEAST NORTH CAROLINA. OUR VISION, AS VETERANS, IS TO UTILIZE WHAT THE U.S. MILITARY HAS INSTILLED IN US WHICH IS DEDICATION TO DUTY. NO GARBAGE BAG LEFT BEHIND Board of Commissioners - December 7. 2020 T.A.C.L. inc. (DBA: Trash For Troops) Corporate Information T.A.C.L. inc. is a C- Corporation based in Wilmington North Carolina. We will do business as: Our EIN Number is: The Office address of T.A.C.L. is The Billing address of T.A.C.L is The Address where Trucks reside Share holders information "TRASH FOR TROOPS" 85- 2040671 108 Vella Ln. Wilmington NC 28411 PO Box 10032 Wilmington NC 28404 7568 Plantation Rd. Wilmington NC 28411 Title Name % OWNED C.E.O. Marie Fetkowitz 51% President Timothy Fetkowitz 14% C.F.O. Marietta Anderson 15% C.0.0. Clinton "Matt" Halbert 20% Board of Commissioners - December 7. 2020 Equipment Possessed Currently 1: 1 - 2005 Freightliner M2 106 rearload trash truck with a 25yd. McNeilus Compactor. 2: 200 - 96 Gallon Toter Garbage cans 3: 1- 2013 Toyota Tundra (Delivery vehicle for toter bins) Additional Estimated Assets / Employees for 1st 24 Months MONTH 1 2 3 4 5 6 7 8 9 10 11 12 CANS 100 150 150 150 200 200 300 350 350 300 300 400 TOTAL CANS 100 250 400 550 750 950 1250 1600 1950 2250 2550 2950 TRUCKS 1 1 1 1 1 1 1 1 1 1 1 1 DRIVER 1 1 1 1 1 1 1 1 1 1 1 1 HELPER 1 1 1 1 1 1 1 1 1 1 1 1 MONTH 13 14 15 16 17 18 19 20 21 22 23 24 CANS 400 500 400 350 400 350 400 300 300 400 500 400 TOTAL CANS 3350 3850 4250 4600 5000 5350 5750 6050 6350 6750 7250 7650 TRUCKS 2 2 2 2 2 3 3 3 3 3 3 3 DRIVER 2 2 2 2 2 3 3 3 3 3 3 3 HELPER 2 2 2 2 2 2 3 3 3 3 3 3 Board of Commissioners - December 7. 2020 Work Experience of Applicant Clinton "Matt" Halbert 3 years in Supply in US Navy 5 years with Pink Trash (Driver 2 years, Lead Driver /Supervisor for 3 years) 1.5 Years with GFL (Consolidated when GFL bought Pink Trash) Prior to Waste Collection 9.5 years with Pepsi as a route driver /sales Class A CDL Timothy Fetkowitz: 5 years Logistics in USMC 2 Years with Pink Trash working in office (Sales and Route Planning /Asset Management) 6 Years of ownership of 23 Fed Ex Ground Routes Marie Fetkowitz: 6 Years of ownership of 23 Fed Ex Ground Routes 8 Years as a US Foods sales representative in ILM 3 Years as a Territory Manager for Kraft Foods Marietta Anderson: 3 Years as Comptroller of Nissan of Elizabeth City Board of Commissioners - December 7. 2020 Named Insured Name: TACL Inc PW Named Insured Talk Trash Wilmington LLC- equipment holder Trash for Troops- dba Location Schedule Loc # Bldg # Address City State Zip 00001 00001 108 Vella Ln - Office Wilmington NC 28411 00002 00001 7568 Plantation Rd - Yard Wilmington NC 28411 00003 00001 PO Box 10032- mailing address Wilmington NC 28404 Board of Commissioners - December 7, 2020 E: Commercial Property ABBREVIATIONS DEFINED Co -Ins % = Coinsurance Percentage AV = Agreed Value Valuation Blkt = Blanket Coverage ALS = Actual Loss Sustained ACV = Actual Cash Value RC = Replacement Cost Board of Commissioners - December 7. 2020 Loc # Bldg # Subject of Insurance Limits Cause of Loss Co -Ins % Valuation 00002 00001 Building /Storage Trailer 25,000 Special form 80 Replacement Cost 00002 00001 Business Personal Property 10,000 Special form 80 Replacement Cost ABBREVIATIONS DEFINED Co -Ins % = Coinsurance Percentage AV = Agreed Value Valuation Blkt = Blanket Coverage ALS = Actual Loss Sustained ACV = Actual Cash Value RC = Replacement Cost Board of Commissioners - December 7. 2020 Commercial .• Coverage Type Commercial General Liability Occurrence /Claims Made Occurrence Coverage Limit General Aggregate 2,000,000 Products /Completed Ops Aggregate Included Personal & Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage 100,000 Medical Expense 5,000 Premises and Operations Host Liquor Liability Products and Completed Operations Broad Form Property Damage Independent Contractors Incidental Medical Malpractice Personal Injury Non -Owned Watercraft (under 26 feet) Advertising Injury Limited Worldwide Products Fire Damage Liability (Rented Premises) Medical Expenses Incurred By Others Blanket Contractual Liability Employees as Additional Insureds Loc # Classification Class Code Basis Exposure 00002 Garbage, Ash or Refuse collecting 95233 Payroll 150,000 Board of Commissioners - December 7, 2020 Commercial Automobile Coverage Coverage Description Limits Combined single limit 1,000,000 Medical payments 2,000 Uninsured motorist Bodily Injury limit 1,000,000 Underinsured motorist Bodily Injury limit 1,000,000 Uninsured motorist Property Damage limit 50,000 Comprehensive ACV Collision ACV Veh # Year Make Model VIN Liab Med Pay UM - UIM Comp Ded Coll Ded 00001 2005 Freightliner M2106 1FVHCYFE2KHKP2294 X X X 2,500 2,500 00002 2013 Toyota Tundra 5TFEY5F19DX147233 X X X 2,500 2,500 Driver # Name Date of Birth DL Number License State 0001 Clinton Matthew Halbert 8/26/1976 27988063 NC Board of Commissioners - December 7, 2020 Coverage Class Code Each Accident 1,000,000 Disease - Policy Limit 1,000,000 Disease -Each Employee 1,000,000 State Class Code Categories, Duties, Classifications Rating Basis Exposure Rate NC 9403 Garbage, ashes, or refuse collection & drivers Remuneration $150,000 6.28 Name Incl /Excl Matt Halbert Include Timothy Fetkowitz Include Blanket Waiver of Subrogation Included Board of Commissioners - December 7, 2020 ITEM: 3 - 1 - 10 Coverage Limit Retention Amount Umbrella 1,000,000 0 Company Eff Date Exp Date Auto Single Limit /BI Per Person Stonewood 10/1/2020 10/1/2021 1,000,000 Company Eff Date Exp Date GL Each GL Gen GL Prod & GL Pers & GL Medical 10/1/2021 1,000,000 1,000,000 Occurrence Aggregate Comp Ops Adv Injury Expense Aggregate Nautilus 10/1/2020 10/1/2021 1,000,000 2,000,000 2,000,000 1,000,000 10,000 Company Eff Date Exp Date EL Each Accident EL Disease Policy Limit EL Disease Each Employee First Benefits 10/1/2020 10/1/2021 1,000,000 1,000,000 1,000,000 Board of Commissioners - December 7, 2020 ITEM: 3 - 1 - 11 STEP UP FOR SOLDIERS • 501 -C3 REGISTERED ORGANIZATION • STARTED IN WILMINGTON TO HELP LOCAL AREA VETERANS • MISSION: TO PROVIDE DISABLED VETERANS WHO EXPERIENCED LOSS OF LIMB AND MOBILITY PROBLEMS WITH THE RESOURCES NECESSARY TO ADJUST IN A POST -WAR ENVIRONMENT. AS A RESULT OF THE EVENTS AND FUNDRAISERS, SPONSORED BY STEP UP FOR SOLDIERS, WE STRIVE TO NOT ONLY ENHANCE THEIR LIVES AND THOSE OF THEIR FAMILIES BUT ALSO HELP TO RESTORE THEIR CONFIDENCE AND POSITIVE SELF IMAGE, • ALL MONEY RAISED STAYS IN AREA Board of Commissioners - December 7, 2020 ITEM: 3 - 1 - 12 TRUCK BRANDING I �\, 96 Gallon TOTER BIN (Customer chooses branch of service) Board of Commissioners - December 7, 2020 ITEM: 3 - 1 - 13 f New Hanover County Contract # 21 -0248 STATE OF NORTH CAROLINA AWARD OF FRANCHISE AGREEMENT FOR COUNTY OF NEW HANOVER SOLID WASTE SERVICES THIS FRANCHISE AGREEMENT made and entered into this the day of 2020, by and between NEW HANOVER COUNTY, North Carolina, a political subdivision of the State of North Carolina, hereinafter called "County" and T.A.C.L., Inc., dba TRASH FOR TROOPS, with its principal mailing address 108 Vella Ln., Wilmington NC 28411, hereinafter called "Operator." WITNESSETH WHEREAS, the County has, through the power granted to it under G.S. 153A -136, adopted an ordinance regulating the collection and disposal of solid wastes and requiring that all waste haulers have a license and a franchise in order to operate in the County, in order to provide the residents and commercial customer of the County with reliable, environmentally sound waste disposal now and in the future; and WHEREAS, Operator has contracted with commercial and /or residential customers located in New Hanover County in order to provide solid waste collection and disposal; and NOW THEREFORE, in consideration of the mutual benefits inuring to the parties hereto, and based upon the mutual covenants contained herein and the considerations stated herein, the parties do hereby covenant and agree, and County hereby conveys a non- exclusive franchise to Operator, to collect and dispose of solid wastes to commercial and /or residential customers in the County. The parties therefore agree to the following terms and conditions: 1. Terms of Agreement. The initial term of this Franchise Agreement shall be seven (7) years from the date of signing. The Franchise may automatically renew and extend for a subsequent seven (7) year term, contingent upon County Commissioners approval pursuant to G.S. 153A -46. 2. Scope of Services. For the term of this Franchise Agreement, Operator agrees to provide commercial and /or residential customers with solid waste collection and transportation to County- approved disposal sites. 3. Disposal at County- Approved Facilities. Operator agrees to dispose of all waste collected in the County, as part of this franchise agreement, at County- approved facilities consistent with State law. With regard to County- approved facilities, said approval must be obtained by Operator prior to the disposal at said facilities, and said approval shall be granted or denied entirely at the discretion of the County. The County also has the authority to designate which facilities shall be used. 4. Administration /Billing. All billing of customers shall remain the responsibility of the franchisee. 5. Franchise. It is understood and agreed that all of the terms and conditions of New Hanover County Code Chapter 44, entitled "Solid Waste," pertaining to a franchise Board of Commissioners - December 7, 2020 ITEM: 3 - 2 - 1 New Hanover County Contract # 21 -0248 for solid waste collections are incorporated herein by reference and made a part hereof as if fully set forth, including but not limited to insurance requirements. 6. Personnel and Equipment. Operator shall equip and maintain all vehicles with staff and equipment to comply with any applicable regulations and laws. 7. Independent Contractor. It is mutually understood and agreed that Operator is an independent contractor and not an agent of the county, and as such, Operator, its agents and employees shall not be entitled to any County employee benefits, and as such, Operator, its agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, workers' compensation, or pension or retirement benefits. 8. Indemnity. To the extent permitted by law, Operator shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Operator hereunder, resulting from the negligence of or willful act or omission of Operator, its agents, employees and subcontractors. To the extent permitted by law, the County shall indemnify and hold the Operator, its agents and employees, harmless against any and all claims, demands causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or related to the solid waste services operated and administered by the County, and resulting from the negligence of or willful act or omission of the County, its agents, employees, and subcontractors. 9. Business Auto Liability. Operator shall maintain applicable Business Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos used in the performance of work or services. 10. Assignment, Contracting_ The parties agree that this agreement is not transferable or assignable by either party without the written consent of the other party to this agreement. Operator shall not subcontract with another entity to perform the services described herein without the approval of the County Manager or his designee. 11. Termination. The franchisee may terminate this franchise upon three hundred sixty -five (365) days written notice, or less notice with the consent of the County. The County may only revoke the franchise for cause as set out in Chapter 44, "Solid Waste," of the New Hanover County Code. This franchise may be modified or revoked by the County in the event that an ordinance is passed by the Board of Commissioners creating an exclusive franchise system for residential solid waste collection in the unincorporated County. 12. Non - Waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this agreement or to exercise any right based upon Board of Commissioners - December 7, 2020 ITEM: 3 - 2 - 2 New Hanover County Contract # 21 -0248 a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this agreement. 13. Equal Opportunity. In connection with the performance of this agreement, Operator agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, or national origin. 14. Entire Agreement. This agreement constitutes the entire understanding of the parties with regard to the provision of solid waste collection and disposal. No modification of rescission of this agreement shall be effective unless evidenced by a writing signed by both parties to this agreement. 15. E- Verify Compliance. Operator shall fully comply with the U.S. Department of Homeland Security employee legal status E- Verify requirements for itself and all its subcontractors. Violation of the provision, unless timely cured, shall constitute a breach of contract. IN WITNESS THEREOF, the parties have hereunto set their hands and seals by authority duly given, on the day and year first above written. STATE OF COUNTY T.A.C.L., Inc., dba Trash for Troops (SEAL) President I, , a Notary Public of the State and County aforesaid, certify that came before me this day and acknowledged that (s)he is President of T.A.C.L., Inc., dba TRASH FOR TROOPS, a North Carolina corporation, and that by County duly given and as the act of the corporation, the foregoing instrument was signed and sealed in its name by its President. WITNESS my hand and official seal, this day of 2020. Notary Public My Commission Expires [SEAL] New Hanover County digital signature page attached hereto and incorporated herein by reference. Board of Commissioners - December 7, 2020 ITEM: 3 - 2 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/7/2020 Consent DEPARTMENT: Museum PRESENTER(S): Heather Yenco, Museum Curator CONTACT(S): Heather Yenco SUBJECT: Approval of Four Donations for Accession into the Museum's Permanent Collection BRIEF SUMMARY: The museum collects objects pertaining to the history, science, and cultures of the Lower Cape Fear region. Submitted for approval are four donations to be added to the museum's permanent collection. Donations are carefully documented. The curator reviews each item's provenance, condition, relevance to the collection, potential for exhibition, and room required for storage. A report on each object is reviewed carefully by the director and Collections Committee. The objects presented have passed this scrutiny and were approved by the Museum Advisory Board at the meeti ng on November 18, 2020. Graduating seniors yard signs, 2020 Voting machines, 2016 Postcards, 2000s Photograph portrait, 1940s Each item offered has a special story to preserve and they help to document 300 years of the region's history. RECOMMENDED MOTION AND REQUESTED ACTIONS: Move to accept four donations of regional artifacts into the Cape Fear Museum's Permanent Collection. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 7, 2020 ITEM: 4 NHC Commissioners Acquisition Proposals December 7, 2020 Board Meeting OBJ. DATE OBJECTS PROVENANCE / MISSION 2020 -yard signs These yard signs were placed in the yards of graduating seniors from Laney High School. LANEY 'IWil LANEY cHOflL HIGIi r URGUL , i , , LANEY scx00L r ANDRES ONATHAN U JENNIFER CLASS of 2020 CLASS of 2020 CLASS of 2024 d OUR o A� ilA 0E�y�C7R LPNEY ATHL'�C B OC?STERS CLUB NEY► "IG`I PROUD OF OUR sCNOOL MANS OF HOO13 �2 r► TRINITY CLASS of 2020 "' "sec coos TERS CLU 2016 - voting machines These votin machines were used in the 2016 elections. I L 1 Board of Commissioners - December 7, 2020 ITEM: 4 -1 -1 NHC Commissioners Acquisition Proposals December 7, 2020 Board Meeting 2000s 1940s - postcards - photograph These postcards were for sale at Verandas Bed and Breakfast. NORTH - -- CAROLINA it �I f NORTH CAROLINA W A *CAI b This photgraph is a portrait of Champ Davis. 2 Board of Commissioners - December 7, 2020 ITEM: 4 - 1 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/7/2020 Consent DEPARTMENT: Museum PRESENTER(S): Heather Yenco, Museum Curator CONTACT(S): Heather Yenco SUBJECT: Approval of One Item to be Deaccessioned from the Museum's Permanent Collection BRIEF SUMMARY: Museum staff and the Museum Advisory Board have been diligently culling items from the permanent collection that have no relevant provenance, are in very poor condition, or are duplicates of better examples. This process is a recommended step in effective collections management. The item recommended for deaccession has been reviewed by the curator, director, Collections Committee, and the Museum Advisory Board at their meeting on November 18, 2020. A recommendation for disposition is also provided. Most items are identified for public auction, a procedure which removes the sale from immediate conflict of interest with the Museum. Income earned from items sold at auction goes into a restricted account used to purchase new artifacts for the collection or to conserve objects already in the collection. An object may also be recommended for transfer to another collecting institution. Since the item is an unknown object, public auction is the recommendation for disposition. RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept the recommendation of the Museum Advisory Board to deaccession one item identified on the attached list for deaccession from the Museum's Permanent Collection. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 7, 2020 ITEM: 5 NHC Commissioners Deaccession Proposals December 7, 2020 Board Meeting ACC. # OBJECT, DATE, DONOR, ISSUE RECOMMEND 2001.1.78 Unknown object, unknown date; found in storage Public Auction Object has no provenance, no identifiable function, and does not appear to be part of any other object in the collection. Board of Commissioners - December 7, 2020 ITEM: 5 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/7/2020 Consent DEPARTMENT: Recovery & PRESENTER(S): Beth Schrader, Director of the Office of Recovery and Resilience; Resilience Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Beth Schrader and Lisa Wurtzbacher SUBJECT: Adoption of Resolution - Designation of Applicant's Agent for Annual Hazard Mitigation Assistance Programs, Tropical Storm Michael, Hurricane Dorian, Covid -19, and Hurricane Isaias BRIEF SUMMARY: The NC Division of Emergency Management's Resolution, Designation of Applicant's Agent, allows the designated primary and secondary agents to file applications for state /federal assistance on behalf of New Hanover County, receive information about programs and eligibility, and represent and act for the county with the State of North Carolina and FEMA in matters related to disaster assistance as required by various grant agreements (e.g. Hazard Mitigation, Building Resilient Infrastructure and Communities (BRIC), Disaster Recovery Act, Public Assistance, etc.) and assurances. The state and FEMA require a designated primary and secondary agent be identified for each applicable event and as well as non -storm related annual Hazard Mitigation Assistance programs. Staff is requesting that Martha Wayne, Deputy Chief Financial Officer be appointed the primary and Beth Schrader, Director of the Office of Recovery and Resilience be appointed the secondary Applicant's Agent for NHC, allowing both the financial and programmatic /operations functions the ability and authority to carry out their functions efficiently and effectively. In passing the resolution and signing the form, the Board of Commissioners also assures and certifies that the county will comply with FE MA and federal regulations, policies, guidelines and requirements. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the Resolution - Designation of Applicant's Agent for Annual Hazard Mitigation Assistance Programs, Tropical Storm Michael, Hurricane Dorian, Covid -19, and Hurricane Isaias. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 7, 2020 ITEM: 6 RESOLUTION DESIGNATION OF APPLICANT'S AGENT North Carolina Division of Emergency Management Organization Name (hereafter named Organization) Disaster Number: New Hanover County, NC HMA,4412, 4465,Covid- 19,4568 Applicant's State Cognizant Agency for Single Audit purposes Of Cognizant Agency is not assigned, please indicate): Applicant's Fiscal Year (FY) Start Month: July Day: 01 Applicant's Federal Employer's Identification Number 56 - 6000324 Applicant's Federal Information Processing Standards (FIPS) Number 129 - 99129 - 00 PRIMARY AGENT SECONDARY AGENT Agent's Name Martha Wayne Agent's Name Beth Schrader Organization New Hanover County, NC Organization New Hanover County, NC Official Position Deputy Chief Financial Officer Official Position Director, Office of Recovery and Resilience Mailing Address 230 Government Center Drive, Ste, 165 Mailing Address 230 Government Center Drive, Ste. 120 City ,State, zip Wilmington, NC 28403 City .State, zip Wilmington, NC 28403 Daytime Telephone (910) 798 - 7187 Daytime Telephone (910) 798 -7491 Facsimile Number (910) 798-7806 Facsimile Number (910) 798 -7429 Pager or Cellular Number (919) 818-5721 L2 or Cellular Number (910) 409 -8664 BE IT RESOLVED BY the governing body of the Organization (a public entity duly organized under the laws of the State of North Carolina) that the above -named Primary and Secondary Agents are hereby authorized to execute and file applications for federal andlor state assistance on behalf of the Organization for the purpose of obtaining certain state and federal financial assistance under the Robert T. Stafford Disaster Relief & Emergency Assistance Act, (Public Law 93 -288 as amended) or as otherwise available. BE IT FURTHER RESOLVED that the above -named agents are authorized to represent and act for the Organization in all dealings with the State of North Carolina and the Federal Emergency Management Agency for all matters pertaining to such disaster assistance required by the grant agreements and the assurances printed on the reverse side hereof. BE IT FINALLY RESOLVED THAT the above-named agents are authorized to act severally, PASSED AND APPROVED this day of 20 GOVERNING BODY CERTIFYING OFFICIAL Name and Title Jonathan Barfield, Jr. and Deb Hays, Commissioners Name Name and Title Julia Olson- Boseman, Commissioner Official Position Chair Name and Title Bill Rivenlaark and Rah zapple, Commissioners Daytime Telephone (910) 798 -7149 CERTIFICATION [, (Name) duly appointed and Clerk to the Board (Title) of the Governing Body, do hereby certi fy that the above is a true and correct copy of a resolution passed and approved by the Governing Body of New Hanover County, NC (Organization) on the 71h day of December 20 20 Date; Signature: Rev. 06102 Board of Commissioners - December 7, 2020 ITEM: 6 - 1 - 1 APPLICANT ASSURANCES The applicant hereby assures and certifies that it will comply with the FEMA regulations, policies, guidelines and requirements including OMB's Circulars No. A -95 and A -102. and FMC 74 -4, as they relate to the application. acceptance and use of Federal funds for this Federally assisted project. Also, the Applicant gives assurance and certifies with respect to and as a condition for the grant that: 15. It will comply with the provisions of the Hatch Act which limit the political 1 It possesses legal authority to apply for the grant, and to finance and construct the activity, of employees. proposed facilities; that a resolution, motion or similar action has been duty adopted or passed as an official act of the applicant's governing body, authorizing the filing of the 16. It will comply with the minimum wage and maximum hours provisions of the application, including all understandings and assurances contained therein, and directing Federal Fair Labor Standards Actr as they apply to hospital and educational and authorizing the person identified as the official representative of the applicant to act in institution employees of State and local governments . connection with the application and to provide such additional information as may be required. 2. It will comply with the provisions of: Executive Order 11988, relating to Floodplain Management and Executive Order 11990, relating to Protection of Wetlands. 3. it will have sufficient funds available to meet the non - Federal share of the cost for construction projects Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed 4. It will not enter into a construction contract(s) for the project or undertake other activities until the conditions of the grant programs) have been met. 5- It will provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the Federal grantor agency may need 6. It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the applicable Federal, State and local agencies for the maintenance and operation of such facilities. 7. It will give the grantor agency and the Comptroller General, through any authorized representative, access to and the right to examine all records. books, papers, or documents related to the grant. 8. It will require the facility to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped' Number At 17.1 -1961, as modified (41 CFR 101-17-70311. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 9 It will cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and will see that work on the project will be prosecuted to completion with reasonable diligence, 10. It will not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds, whichever is the longer. 11. It agrees to comply with Section 311, P.L. 93 -288 and with Title VI of the Civil Rights Act of 1964 (P.L. 83 -352) and in accordance with Title VI of the Act, 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 applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure is provided or improved with the aid of Federal financial assistance extended to the Applicant, this assurance shall obligate the Applicant, or in the case of any transfer of such properly, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. 12. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 13. It will comply with the requirements of Title I I and Title III of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P1 91 -646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally assisted programs. 14. It will comply with all requirements imposed by the Federal grantor agency concerning special requirements of law, program requirements, and other administrative requirements approved in accordance with OMB Circular A -1.02, P.L. 93 -288 as amended, and applicable Federal Regulations. 17. (To the best of his/her knowledge and belief) the disaster relief work described on each Federal Emergency Management Agency (FEMA) Project Application for which Federal Financial assistance is requested is eligible in accordance with the criteria contained in 44 Code of Federal Regulations. Part 206, and applicable FEMA Handbooks. 18. The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not or wile not duplicate benefits received for the same loss from another source 19. It will (1) provide without cost to the United States all lands, easements and rights -of -way necessary for acxomplishments of the approved work; (2) hold and save the United States free from damages due to the approved work or Federal funding. 20. This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, reimbursements, advances, contracts, property, discounts of other Federal financial assistance extended after the date hereof to the Applicant by FEMA, that such Federal Financial assistance will be extended in reliance on the representations and agreements made in this assurance and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the applicant, its successors, transferees, and assignees, and the person or persons whose signatures appear on the reverse as authorized to sign this assurance on behalf of the applicant. 21. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93 -234, 87 Stat. 975, approved December 31, 1973. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Director, Federal Emergency Management Agency as an area having special flood hazards. The phrase 'Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 22. It will comply with the insurance requirements of Section 314, PL 93 -288, to obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against further toss to any property which was replaced, restored, repaired, or constructed with this assistance. 23. It will defer funding of any projects involving flexible funding until FEMA makes a favorable environmental clearance, d this is required. 24. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a -1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for Inclusion in the National Register of Historic places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 25. It will, for any repairs or construction financed herewith, comply with applicable standards of safety, decency and sanitation and in conformity with applicable codes, specifications and standards, and, will evaluate the natural hazards in areas in which the proceeds of the grant or loan are to be used and take appropriate action to mitigate such hazards, including safe land use and construction practices. STATE ASSURANCES The State agrees to take any necessary action within State capabilities to require compliance with these assurances and agreements by the applicant or to assume responsibility to the Federal government for any deficiencies not resolved to the satisfaction of the Regional Director. Board of Commissioners - December 7. 2020 ITEM: 6 - 1 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/7/2020 Consent DEPARTMENT: Tax PRESENTER(S): Trina Lewis, Collections Supervisor CONTACT(S): Trina Lewis SUBJECT: Approval of October 2020 Tax Collection Reports BRIEF SUMMARY: NCGS 105 -350 requires the Tax Collector to submit a report showing the amount of taxes collected. Overall Collection Percentages for October 2020 are ahead of collections for October 2019. The report for October 2020 in comparison to October 2019 is as follows: New Hanover County October 2020 October 2019 Real Property 21.89% 18.50% Personal Property 13.36% 12.52% Motor Vehicle 100.00% 100.00% Overall Collection Rate 23.30% 19.93% Total Collected YTD $39,020,528.83 $32,573,097.55 New Hanover County Debt Service October 2020 October 2019 Real Property 21.87% 18.48% Personal Property 13.35% 12.35% Motor Vehicle 100.00% 100.00% Overall Collection Rate 23.28% 19.90% Total Collected YTD $5,143,020.21 $4,288,526.79 Grand Total Collected YTD $44,163,549.04 $36,861,624.34 New Hanover County Fire District October 2020 October 2019 Real Property 21.94% 18.21% Personal Property 9.90% 8.31% Motor Vehicle 100.00% 100.00% Overall Collection Rate 23.38% 19.46% Total Collected YTD $2,408,917.17 $1,982,969.99 RECOMMENDED MOTION AND REQUESTED ACTIONS: Board of Commissioners - December 7, 2020 ITEM: 7 Approve the reports. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 7, 2020 ITEM: 7 New Hanover County Monthly Collection Report for October 2020 Current Year 2020 -2021 Scroll /Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 149,945,569.96 $ (22,029.42) $ 1,288.37 $ 13,080,887.32 $ (44,574.74) $ 11,019.73 $ 4,448,657.89 $ $ $ 167,475,115.17 (66,604.16) 12,308.10 Total Taxes Charged Collections to Date *Refunds Write -off $ $ $ 149,924,828.91 32,898,976.55 85,579.11 $ $ $ 13,047,332.31 1,745,739.35 3,215.28 $ $ 4,448,657.89 4,448,657.89 $ $ $ $ 167,420,819.11 39,093,373.79 88,794.39 - Outstanding Balance $ 117,111,431.47 $ 11,304,808.24 $ - $ 128,416,239.71 Collection Percentage - 21.89 238.40 13.36 $ 100.00 $ 23.30 YTD Interest Collected $ 996.73 6,619,706.86 Collections to Date $ 14,952.70 $ 15,949.43 $ 582.91 $ 520,585.51 *Refunds $ 47,297.58 $ 276,384.86 Total 2020 -2021 Collections YTD 39,020,528.83 Prior Years 2010 -2019 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,802,044.87 $ 4,498,560.07 $ 402,846.95 $ 6,703,451.89 Abatements $ (46,890.79) $ (37,092.64) $ - $ (83,983.43) Adjustments $ - $ 238.40 $ - $ 238.40 Total Levy $ 1,755,154.08 $ 4,461,705.83 $ 402,846.95 $ 6,619,706.86 Collections to Date $ 324,214.20 $ 195,788.40 $ 582.91 $ 520,585.51 *Refunds $ 47,297.58 $ 276,384.86 $ - $ 323,682.44 Write -off $ - $ - $ - $ - Outstanding Balance $ 1,478,237.46 j $ 4,542,302.29 j $ 402,264.04 $ 6,422,803.79 YTD Interest Collected $ 34,054.71 $ 5,769.90 $ 194.09 $ 40,018.70 Total Prior Year Collections YTD 236,921.77 Grand Total All Collections YTD $ 39,257,450.60 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - December 7, 2020 ITEM: 7 - 1 - 1 New Hanover County Debt Service Monthly Collection Report for October 2020 Current Year 2020 -2021 Total 2020 -2021 Collections YTD $ 5,143,020.21 Prior Years 2010 -2019 Real Estate Personal Property Motor Vehicles Motor Vehicles Combined Combined Scroll /Billed $ 19,785,958.25 $ 1,726,114.66 $ 587,031.90 $ 22,099,104.81 Abatements $ (2,906.99) $ (5,882.07) $ - $ (8,789.06) Adjustments $ 178.46 $ 1,454.17 $ - $ 1,632.63 Total Taxes Charged $ 19,783,229.72 $ 1,721,686.76 $ 587,031.90 $ 22,091,948.38 Collections to Date $ 4,326,172.93 $ 229,815.38 $ 587,031.90 $ 5,143,020.21 *Refunds $ 1.08 $ 3.54 $ - $ 4.62 Write -off Outstanding Balance $ 142,342.13 $ 287,036.91 $ $ - Outstanding Balance $ 15,457,057.87 $ 1,491,874.92 $ - $ 16,948,928.17 Collection Percentage 21.87 13.35 100.00 23.28 YTD Interest Collected $ 129.47 $ 1,969.78 Total 2020 -2021 Collections YTD $ 5,143,020.21 Prior Years 2010 -2019 Total Prior Year Collections YTD *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - December 7, 2020 ITEM: 7 - 2 - 1 $ 27,968.15 Real Estate Personal Property Motor Vehicles Combined Scroll $ 183,590.02 $ 280,226.37 $ $ 463,816.39 Abatements $ (6,116.48) $ (4,430.53) $ (10,547.01) Adjustments $ 31.46 $ 31.46 Total Levy $ 177,473.54 $ 275,827.30 $ $ 453,300.84 Collections to Date $ 41,046.67 $ (10,846.54) $ $ 30,200.13 *Refunds $ 5,915.26 $ 363.07 $ $ 6,278.33 Write -off $ - $ - $ $ - Outstanding Balance $ 142,342.13 $ 287,036.91 $ $ 429,379.04 YTD Interest Collected $ 3,507.23 $ 539.12 1 $ 1 $ 4,046.35 Total Prior Year Collections YTD *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - December 7, 2020 ITEM: 7 - 2 - 1 $ 27,968.15 New Hanover County Fire District Monthly Collection Report for October 2020 Current Year 2020 -2021 Scroll /Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 9,010,119.52 $ (2,320.46) $ 4,841.81 $ 954,086.50 $ (4,884.09) $ 199.95 $ 335,950.67 $ $ $ 10,300,156.69 (7,204.55) 5,041.76 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ 9,012,640.87 1,977,687.89 1.30 $ $ $ 949,402.36 94,013.01 3.65 $ $ 335,950.67 335,950.67 $ $ $ $ 10,297,993.90 2,407,651.57 4.95 - Outstanding Balance $ 7,034,954.28 $ 855,393.00 $ - $ 7,890,347.28 Collection Percentage - 21.94 9.90 $ 100.00 $ 23.38 YTD Interest Collected $ 155.09 180,999.31 Collections to Date $ 1,115.46 $ 1,270.55 $ 7.42 $ (172,996.63) *Refunds $ 4,621.02 $ 0.77 Total 2020 -2021 Collections YTD 2,408,917.17 Prior Years 2010 -2019 Real Estate Personal Property Motor Vehicles Combined Scroll $ 113,568.63 $ 248,623.36 $ 24,031.75 $ 386,223.74 Abatements $ (4,621.02) $ (200,603.41) $ - $ (205,224.43) Adjustments $ - $ - $ Total Levy $ 108,947.61 $ 48,019.95 $ 24,031.75 $ 180,999.31 Collections to Date $ 24,004.80 $ (197,008.85) $ 7.42 $ (172,996.63) *Refunds $ 4,621.02 $ 0.77 $ - $ 4,621.79 Write -off $ - $ - $ - $ - Outstanding Balance $ 89,563.83 $ 245,029.57 $ 24,024.33 $ 358,617.73 YTD Interest Collected $ 2,575.02 $ 324.83 $ 8.43 $ 2,908.28 Total Prior Year Collections YTD (170,088.35) Grand Total All Collections YTD $ 2,238,828.82 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - December 7, 2020 ITEM: 7 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/7/2020 Consent DEPARTMENT: Budget PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher SUBJECT: Adoption of Budget Amendments BRIEF SUMMARY. The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2021: Senior Resource Center 21 -023, 21 -035 Sheriff 21 -027, 21 -028, 21 -029, 21 -031, 21 -034 RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the ordinances for the budget amendments listed. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 7, 2020 ITEM: 8 AGENDA: December 7, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2021. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County Management Strategic Objective(s): Continuous focus on the customer experience Fund: General Department: Senior Resource Center (SRC) Expenditure: Decrease Increase Total BA 21 -023 Senior Resource Center $ 372,880 $ 372,880 BA 27035 Semor Resource Center $ 33,285 $ 33,285 Total $ - I $ 406,165 Is 406,165 Revenue: Decrease Increase Total BA 21 -023 CARES Supportive & Nutrition Grant $ 372,880 $ 372,880 BA 21 -035 CARES Caregiver Grant $ 33,285 $ 33,285 Total $ - $ 406,165 $ 406,165 Prior to Actions Total if Actions Taken Toda Departmental Budget $ 3,539,0031 $ 3,945,168 Section 2: Explanation BA 21 -023 increases the budget for programs and services funded by an Administration on Community Living grant from the Coronavirus Aide, Relief, and Economic Security (CARES) Act for Older Americans Act (OAA) programs and services under Title III -B Supportive Services and Title III -C Nutrition. Services under the CARES Act funding must meet all OAA standards and guidance while adjusting to service delivery during the pandemic. Funding also allows for innovative programming and service delivery during COVID -19 to increase service capacity and outreach as well as improve the quality of life for the older adults. The CARES Act grant for services under the OAA is a new grant with an award of $372,880 and does not require a match. The programs and services receiving the funding are congregate meals ($110,080), home delivered meals ($105,500), transportation ($73,500), nutrition temporary staffing ($41,886), a new virtual program outreach coordinator position with benefits ($36,800), and SRC outreach and supplies ($5,114). Federal funds must be used to supplement existing county funds for program activities and may not replace county funds that have been appropriated for the same purpose. All CARES Act funds must be expended by September 30, 2021. The virtual program outreach coordinator position is needed beyond the grant term. The Senior Resource Center will be submitting an enhancement request to support this position in fiscal year 2022 and beyond. BA 21 -035 increases the budget for programs and services funded by an Administration on Community Living grant from the Coronavirus Aide, Relief, and Economic Security (CARES) Act for Older Americans Act (OAA) programs and services under Title III -E Caregiver Services. Services under the CARES Act Family Caregiver Support Program funding must meet all OAA standards and guidance while adjusting to service delivery during the pandemic. Funds are to be utilized to respond to the COVID -19 emergency by providing family caregiver services related to the response and are intended to serve caregivers affected by the COVID -19 pandemic. The CARES Act Family Caregiver Support Program award is a new grant in the amount of $33,285 and does not require a match. The programs and services receiving the funding are respite ($11,285), supplemental service for transportation/home repairs /safety products ($13,000), and, training and support services ($9,000). Federal funds must not be used to supplement existing county funds for program activities and may not replace county funds that have been appropriated for the same purpose. All CARES Act funds must be expended by September 30, 2021. Board of Commissioners - December 7, 2020 ITEM: 8 - 1 - 1 Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 21 -023 & 21 -035 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Adopted, this 7th day of December, 2020. (SEAL) ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 7, 2020 ITEM: 8 - 1 - 2 AGENDA: December 7, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2021. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health & Safety Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands Fund: Controlled Substance Tax (CSTAX) Department: Sheriffs Office Expenditure: Decrease Increase Total BA 21 -027 Supplies $ 7,500 $ 7,500 BA 21 -027 Training & Travel $ 3,000 $ 3,000 BA 21 -027 Capital Outlay $ 21,017 $ 21,017 Total $ - $ 31,517 $ 31,517 Revenue: Decrease Increase Total BA 21 -027 Controlled Substance Tax $ 31,517 $ 31,517 Total $ - $ 31,517 $ 31,517 Prior to Total if Actions Actions Today Taken Departmental Budget $ 85, 198 $ 116,715 Section 2: Explanation BA 21 -027 budgets Controlled Substance Tax receipts dated 9/16/20 and 10/20/20. Funds will be used for supplies, equipment and/or training for law enforcement purposes. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 21 -027 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Adopted, this 7th day of December, 2020. (SEAL) ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 7, 2020 ITEM: 8 - 2 - 1 AGENDA: December 7, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2021. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health & Safety Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands Fund: General Department: Sheriffs Office Ex enditure. Decrease Increase Total BA 21 -028 Forensic Lab Position/Supplies, etc. S 28,630 $ 28,630 BA 21 -029 Supplies $ (57,870) S 14,995 $ 14,995 BA 21 -029 Training and Travel $ 10,005 $ 10,005 BA 21 -031 Supplies S 104,353 $ 104,353 BA 21 -031 Capital Outlay $ 435,769 $ 435,769 BA 21 -031 Grant Match S (135,031) $ 528,090 $ (135,031) BA 21 -034 Overtime I S 11,49911 $ 11,499 Total $ (135,031)1 $ 605,25111 $ 470,220 Revenue: Decrease Increase Total BA 21 -028 Governor's Highway Safety Grant $ 86,500 $ 86,500 BA 21 -028 Appropriated Fund Balance $ (57,870) $ (57,870 BA 21 -029 Governor's Highway Safety Grant $ 25,000 $ 25,000 BA 21-0312020 Port Security Grant $ 405,091 $ 405,091 BA 21 -034 Miscellaneous Revenue $ 11,499 $ 11,499 Total $ (57,870)1 $ 528,090 1 $ 470,220 Prior to Actions Total if Actions To ay Taken Departmental Budget $ 59,438,9711 H Is 599 091.91 Appropriated Fund Balance $ 8,297,130.73 $ 8,239,260.73 Section 2: Explanation BA 21 -028 budgets money from the 2021 Governor's Highway Safety Program grant that will continue to be used to fund the salary and fringe for the Lab Technician position,, miscellaneous supplies, equipment and training in the Forensic Lab Division, for the period of October 1, 2020 to September 30, 2021. This position is included in the FY20- 21 Adopted Budget, therefore no new position is being requested at this time. No county match is required. BA 21 -029 budgets the 2021 Governor's Highway Safety Law Enforcement Liaison grant to purchase four radar units and training for the "Booze It & Lose It" and "Click It or Ticket" programs. These programs are conducted in efforts to reduce alcohol - related fatalities, unrestrained fatalities, speed- related fatalities, etc. BA 21 -031 budgets the 2020 Port Security Grant to purchase equipment enhancing both the Marine Unit and Emergency Response Team readiness and response. Equipment includes night vision, communication systems, dive suits and marine cameras. Also funded, is the purchase of a 38 -foot existing boat slip that is located on the lower southeast intracoastal waterway. The boat slip will enhance maritime responses to emergencies and tactical operations on the coast, to include the Port of Wilmington and U. S. Army's Military Ocean Terminal in Sunny Point. The location of the boat slip can reduce current response times to maritime emergencies by half of the current response times. The grant match required is $135, 031 and is currently in the Sheriffs Office budget. $80,000 was budgeted for this purpose and the remaining amount of $55,031 will come from the department's existing budget. BA 21 -034 budgets overtime reimbursement from the FBI and U. S. Marshal's Service from July through September 2020. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. Board of Commissioners - December 7, 2020 ITEM: 8 - 3 - 1 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 21 -028, 21 -029, 21 -031 & 21 -034 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Adopted, this 7th day of December, 2020. (SEAL) ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 7, 2020 ITEM: 8 - 3 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/7/2020 Consent DEPARTMENT: Governing Body PRESENTER(S): Chair CONTACT(S): Kym Crowell, Clerk to the Board SUBJECT: Appointment of Voting Delegate to the NCACC 2021 Legislative Goals Conference BRIEF SUMMARY. The North Carolina Association of County Commissioners ( NCACC) Legislative Goals Conference will be held January 14 -15, 2021 by virtual platform. Each Board of Commissioners is requested to designate a voting delegate and submit to NCACC by January 11, 2021. RECOMMENDED MOTION AND REQUESTED ACTIONS: Appoint Commissioner Zapple. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 7, 2020 ITEM: 9 �00VA CAR%ry9 D •J+ o 7� yN �OF COUNY'I C'O Designation of Voting Delegate to NCACC Legislative Goals Conference January 14 -15, 2021 (Thursday — Friday) I *VIA VIRTUAL FORMAT Each Board of County Commissioners is hereby requested to designate a commissioner or other official as a voting delegate for the 2021 Legislative Goals Conference *(held via Virtual format). Each voting delegate should complete the following statement and return it to the Association no later than Monday, January 11, 2021. I, , hereby certify that I am the duly designated voting delegate for County at the North Carolina Association of County Commissioners 2021 Legislative Goals Conference. Voting Delegate Name: Title: In the event the designated voting delegate is unable to attend, been selected as County's alternate voting delegate. Alternate Voting Delegate Name: Title: Article VI, Section of the Association's Constitution provides: has "On all questions, including the election of officers, each county represented shall be entitled to one vote, which shall be the majority expression of the delegates of that county. The vote of any county in good standing may be cast by any one of its County Commissioners who is present at the time the vote is taken; provided, if no commissioner be present, such vote may be cast by another county official, elected or appointed, who holds elective office or an appointed position in the county whose vote is being cast and who is formally designated by the Board of County Commissioners. These provisions shall likewise govern district meetings of the Association. A county in good standing is defined as one which has paid the current year's dues." Please return this form to Alisa Cobb via email by Monday, January 11, 2021 close of business: Email: alisa.cobb @ncacc.org Board of Commissioners - December 7, 2020 ITEM: 9 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/7/2020 Regular DEPARTMENT: Facilities Management PRESENTER(S): Kevin Caison, Facilities Project Manager CONTACT(S): Tufanna Bradley, Assistant County Manager SUBJECT: Consideration of The Healing Place of New Hanover County Project BRIEF SUMMARY: The project includes four sections: 1. Consent to approve the preliminary GMP (Guaranteed Maximum Price) 2. Transfer of the Construction Manager @ Risk Contract with J M Thompson from Trillium to N HC 3. Transfer the Design contract with IS Design from Trillium to N HC 4. Approve the overall project budget • In 2015, Trillium Health Resources proposed a treatment model to address area alcohol and opioid challenges • A 2016 report identified Wilmington as a top city in America for opioid abuse • I n 2018, Trillium transferred an 8.71 -acre tract on Medical Center Drive to N HC for a treatment facility • On August 24, 2020, Commissioners voted to contract with The Healing Place out of Louisville, KY for operations of the facility on Medical Center Drive Since 2016, IS design has been developing the plans for the facility which consists of 5 buildings: Administration and Education, Dining and Shelter, Men's Residential, Women's Residential, and Detox. The plans are in the final stages of approval from the local permitting authorities. The bidding process is underway with bid opening scheduled for December 3. If the project is approved, we will start construction on February 1, 2021 and final completion by April 2022. Total project costs are estimated to be $25,476,581 as detailed below: Design Permits, inspections, fees, etc. Construction GMP Furniture, fixtures, equipment and other Total Project Estimate Less: Previously Budgeted Budget Amendment Required* $ 1,327,447 $372,235 $22,140,514 $1,636,385 $ 25,476,581 (5971,850) $ 24,504,731 Board of Commissioners - December 7, 2020 ITEM: 10 Attachments: Project Plans, J M Thompson contract, IS Design Contract, Budget Amendment RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the preliminary GMP, the overall project budget, and the transfer of the CM @R and Design contracts from Trillium to New Hanover County. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 7, 2020 ITEM: 10 F L- co v 0 (V 0 (V 0 N N /F BREATH HOLDINGS, LLC. DB 2894 PC 1144 LOT 1- SECTION 1- LAKESIDE PARK MB 37 PG 307 TAX PARID R06018 -003- 046 -000 ZONING: 0 &1 -1 USE: MEDICAL OFFICE i �1 I 4 / I 111 � r if1 �1I r �+1 r �I 4 00 P I �I 13" I�fl 1/ NF NF NF LOWER CAPE FEAR 1 LOWER CAPE FEAR LOWER CAPE FEAR HOSPICE, INC. HOSPICE, INC. HOSPICE, INC. DB 5643 PG 271 DB 1970 PC 323 DB 1970 PG 323 LOT 11 LOT 8R LOT 8R -2 WILMINGTON MEDICAL PARK WILMINGTON MEDICAL PARK WILMINGTON MEDICAL PARK MB 38 PG 171 MB 3 MB 34 PG 175 4 PG 175 � MB 35 PG 207 TAX PARID R06015- 001 -017 -000 MB 35 PG 207 ZONING: 0&1 -1 TAX PARID R06014 -005 -010 -000 TAX "ARID 806014 -005 -007 -000 USE: VACANT 1 806014- 005 -010 -000 R06014- 005 - 010 -000 ZONING: 0 &1 1 ' ZONING: C &I -1 USE: AUTO PARKING USE: MEDICAL LAB 20' STREETYARD DETOX z •• / BUILDING 6,753 SF. MAX. HT. 15' -0" EX. TRANSIT �� _ _ yXr At r �, Y '' �` • E . . STO P TREE SYMBOL LEGEND -_ -- -__ i �,;A X44 �t -_- _tea I r CAN — — NEW TRANSIT ��— — r' \� PUBL lC R!G T v I� } , — — STOPaY= w y o EXISTING CANOPY TREE HT_OF_WA V g0� �_ - �� - .' -` �'' _' A Y- - - - LEGACY SUGAR MAPLE (ASL) KWANZA CHERRY (PS) WILLOW OAK (QP) JAPANESE ZELKOVA (ZS) SOUTHERN WAX MYRTLE (MC) 0 NORTHERN BAYBERRY (MP) 0 NELLIE STEVENS HOLLY (INS) CHINDO VIBURNUM (VAC) z0 RED DIAMOND LOROPETALUM (LRD) OVERALL PLANT LIST KEY QTY BOTANICAL NAME LEGEND WET x - x -: .PINES - 13 PINII r 103- 134 44E ts" 0 �� 1 PINE 4 PROPERTY BOUNDARY EX. ADJ LOT LINE ��- EX, EASEMENTS EX. WETLANDS 6' WOOD FENCE FLOODPLAIN NOTE: THIS SITE IS NOT IN ANY SPECIAL FLOOD HAZARD AREAS OR FUTURE CONDITIONS FLOOD HAZARD AREAS, AS SHOWN ON FIRM PANEL 3701713126K DATED MAY 2, 2006 COMMON NAME HEIGHT SIZE ROOT REMARKS CANOPY TREES THE HEALING PLACE OF NEW HANOVER COUNTY SITE ADDRESS: 1000 MEDICAL CENTER DRIVE JURISDICTION: CITY OF WILMINGTON ASL 21 ACER SACCHARUM 'LEGACY' LEGACY SUGAR MAPLE 10' 3" CAL. B &B MATCHING PS 19 PRUNUS SERRULATA 'KWANZAN' KWANZAN CHERRY 8' 1.5" CAL. B &B MATCHING QP 23 QUERCUS PHELLOS WILLOW OAK 10' 3" CAL. B &B MATCHING ZS 47 ZELKOVA SERRATA JAPANESE ZELKOVA 10' 3" CAL. B &B MATCHING SHRUBS INS 25 ILEX X 'NELLIE STEVENS' NELLIE STEVENS HOLLY 48" HT. MIN. 10 GAL. CONT. MATCHING LRD 17 LOROPETALUM CHINENSE 'RED DIAMOND' RED DIAMOND LOROPETALUM 36" HT. MIN. 10 GAL. CONT. MATCHING MC 32 MYRICA CERIFERA SOUTHERN WAX MYRTLE 48" HT. MIN. 10 GAL. CONT. MATCHING MP 24 MYRICA PENSYLVANICA NORTHERN BAYBERRY 48" HT. MIN. 10 GAL. CONT. MATCHING 1/AC 30 VIBURNUM AWABUKI ' CHINDO' CHINDO VIBURNUM 48" HT. MIN. 10 GAL. CONT. MATCHING Board of Commissioners - December 7, 2020 ITEM: 10-1 -1 6X6 WOOD POST CAP BEYOH P.T. 2X6 WOOD WALL CAP - 6X6 WOOD POST BEYOND — (2) P.T. 2X8's W/ 1/2" PLYWOOD FILLER 1X6 & 1X4 PRESSURE TREATED BOARDS, ALTERNATING CONCRETE FOOTING ±6" CLEAR 2 " -3" GRAVEL FOR DRAINAGE z 0 I GRADE VARIES — ,.,....,, 1-11 1X6 & 1X4 PRESSURE TREATED BOARDS. 6' WOOD FENCE DETAIL (±1,812 LF) Not To Scale C> VIEW TO SOUTH THROUGH WETLAND N/F MEDSERV COMPANY DS 4902 PG 810 LOT 3 - LAKESIDE PARK MB 48 PG 186 TAX PID R06018- 003 - 044 -000 PROJECT NAME: THE HEALING PLACE OF NEW HANOVER COUNTY SITE ADDRESS: 1000 MEDICAL CENTER DRIVE JURISDICTION: CITY OF WILMINGTON TOTAL EXISTING ACREAGE: 8.70 AC./379,321 SF. CURRENT USE: VACANT PROPOSED USE: GROUP HOME RESIDENTIAL TOTAL # OF BEDS: 200 TOTAL # OF EMPLOYEES: 25 PARKING SUMMARY: 2 SPACES FE 1 SPACE /4 BEDS FE BASIS OF DETERMINATION: 1 SPACE /EMPLOYEE PARKING REQUIRED: 77 REQUIRED (200 BEDS; 25 EMPLOYEES) PARKING PROVIDED: 124 SPACES HANDICAP REQUIRED: 4 SPACES HANDICAP PROVIDED: 8 SPACES SCALE: 1 " = 40' 0 NOT FOR CONSTRUCTION C 0 ARCHITECTURE + INTERIORS 219 N. Boylan Avenue Raleigh, North Carolina 27603 t. 919.833.5400 www.isdesignpa.com 000711E E ::� GROU P CIVIL ENGINEERS • LANDSCAPE ARCHITECTS License No. P -0803 • License No. C -353 1111 Oberlin Road Raleigh, INC 27605 -1136 USA Office: 91 9.835.4787 E Mail: bdm ®thesitegroup.net Project THE HEALING PLACE OF NEW HANOVER COUNTY 1000 MEDICAL CENTER DR WILMINGTON, INC Client NEW HANOVER COUNTY, NORTH CAROLINA All reproduction & Intellectual property rights reserved © 2020 Key Plan NK Professional Seals No. Description Date ISSUED: 6 WOOD FENCE PLAN 09/05/2018 REVISED: 81 WOOD FENCE PLAN 10/26/2018 ZE 6 WOOD FENCE PLAN 11/29/2018 PARKING SPACE REMOVAL 12/07/2018 6 FENCE REVISION 01/14/2019 S/W REVISIONS, TRANSIT STOP ADDED 01/23/2019 PHASING REVISIONS 08/09/2019 BUILDING & SITE LAYOUT REVISIONS 01/02/2020 SPECIAL USE PERMIT 01/10/2020 ® REVISE SHEET TITLE 02/10/2020 Project Code: HTW Sheet Title & WOOD FENCE PLAN (OPTION FOUR WITH WOMEN'S RESIDENTIAL CENTER) Original drawing is 36 x 24 Do not scale contents of this drawing Sheet Number SK • O 10 0 N O N N D` O O O O O O O O 0 (40) C17 (() (1) A2 1 (1)A A2 2 ED COMMUNITY COMMUNITY A3 C ROOM ROOM A? A? PROVIDE (18) T5 & (71) T7; A3 TABLES TO BE STORED IN 137 PROVIDE DOLLIES FOR 131 130 ,:D ALL TABLES & 100 CHAIRS ED [luuu 0 A2 O O 00 00 00o oo T� S� T7 ELECTRICAL H� I u LV MEN' 132 - -- C TQ1 135 RISER - -- DOLLIE FOR 114-81 sraCKl ❑ ❑ - - - -- &TAB L S ID O II I I I I I I I I I I I I I I I I I I —I I —I OI I I I I I I O al a Ir1 r0 i VESTIBULE ' 101 Board of Commissioners - December 7, 2020 ITEM: 10- 2 - 1 �I a Ib HI o IH C11mlb �Ilmlr� ��--- - - - - -- T7 S5 T7 TV A? JANITOR 134 (224) C5 uuuuuuufi • � I I.I I.I I.I I.I I.I I.I I.I I�II�II�II.II�II�II�II , i 00 i 01 ' 00 011 0 01 000 0 000 02 (8) 03 J' 0000 ADMINISTRATIVE IIIIIIIIIIIIIII COURTYARD 0 000 02 (8) 03 0000 I 01 ' OO 011 01 ' OO OMEN'S HC TOILET 136 0 00 O C14 T12 - - - -- ®--------------------------- - - - - -® - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ® - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------------- - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ® ------------------------------ LOBBY 102 ----------------------------------------------------- ® T12 ® ® T12 C14 C14 S (10) C4 (10) C4 (5) T6 (5) T6 rin nrl (2) Al (2) A2 nn (1)A2 T ANSITION ASE MGR Si M A N 105 Ns� ROOM C2 MEN'S PLANNING ET c1 s2 D2 ROOM C2 OI 36 103 g C2 C2 - -- TOI LET 0 Dz LANNING 146 o C16 c1 M COOR EXAM 1041 144 S11 B5 36 i EXAM B5 PHARMACY/1 a 143 IT ROOM SUPPLIES 138 c1 147 00 RIAGE 157 c1s 142 c12 X12 � LJPHYSICIAN'S -� JAN. OFFICE ,12 WAITING - -II 1 141 ROOM c12 137 II c2 �1z CLINIC 1c X13 12 12 12 13 - OFFICEI C2 D3 - - -- - ---------------------------------------------------------- - - - - -- ®--------- - - - - -- ------- - - - - -- ;o �I , PLANNING VENDIN �2M COORD 108 EN RY 71 T- 107 S1 C14 1 O C2 C1 ®. cz Dz r r, --Ll STORAGE 109 e, ea / C1 C1 C1 FLEXIBLE LJ C 2 WORKSTATIONS I c21 128 C1 C1 C1 C2 cz c2 C1 C1 C1 D7 T1 T7 FERE E 127 (8) C4 u BOARD ROOM T3 1 19 p (1s)cs SUPPLIES (4) C15 120 15 I I T1 I I I I I I 15 i I RECEPTION 111 151 I� qijr'E- E - c1 TOI C1 SEC`JF FILIES VISITA NX 115 O R c8 NN C8 N-NI 111 F-11 T1 C8 C8 T1 INNI I 000 BREAK ROOM 126 T8 (5) C5 IT/ SERVER 116 154 C2 C T16 C2 C2 0 DIRECTOR 125 ZI C2 C1 D4 O C2 r OORDIN, -TOR 124 c1 D2 C2 C2 C2 C2 D2 R ECTO c1 123 UMA R OURCE c1 122 - D2 COPY all 1 21 C2 C2 c2 c2 D2 BO KKEEPfN c1 118 cz c2 D3 OFFICE c1 117 F N FF &E PLAN 01 SCALE: 1/8" = 1' -0" • • ARCHITECTURE t INTERIORS 1111 Haynes Street, Suite 103 Raleigh, North Carolina 27604 t. 919.833.5400 www.isdesignpa.com Project THE HEALING PLACE OF NEW HANOVER COUNTY 1000 MEDICAL CENTER DRIVE WILMINGTON, NORTH CAROLINA Client NEW HANOVER COUNTY, NORTH CAROLINA All reproduction & intellectual property rights reserved © 2020 Key Plan IN C9 Professional Seals - _ p - 51286 D ° 1114 El GO No. Description Date 1 CONSTRUCTION DOCUMENT SET 08/25/20 Project Code: 16HTWILMING Sheet Title FF &E PLAN ADMINISTRATIVE/ EDUCATION BUILDING Original drawing is 42 x 30 Do not scale contents of this drawing Sheet Number A-801 O L r\ O N O N N D` J O O O O 0 U. STAFF 63 B3 B3 B3 B3 63 B3 0 0 0 0 D C TOILET 0 0 0 0 D 216 PROG RAM PROGRAM PROGRAM PROGRAM BE S BEDS BEDS BEDS O O O O 0 215 214 213 212 00000 ILI (35)C12A O O O O O CORRIDOR 230 0 0 O 0 0 T12 TV ROOM 217 22E I N c1a 2 223 SUPPLIES >< 219 ! I VFR WOMEN'S_ Board of Commissioners - December 7, 2020 ITEM: 10- 3 - 1 CORRIDOR 227 CORRIDOR 228 U 9 A I B3 B3 B3 B3 PF OGRAM PF OGR M BEDS BEDS F2 1-11 210 �R PROGRAM DS BEDS 206 B3 B3 B3 II II II II II Ell II II II II I I p I II I p I II I II I II I II I II I II I II I II I II I II I II I II I II I II I u II I II I II I I I p I p I II I II I II I II I p I I I I p I I II II II II I I II II II II 10 JANITO RECEIVING 249 0 D5 I \ FACILITIIE c1 E OFFICE 251 MEN'S HC TOILET 238 ESTIBUL 237 IN CORRIDOR 252 TOOLS & EQUIPMENT 250 I I , I I - I ®II N aWOMEN'S ! HC TOILET P-3-61 ESTIBUL O '-- - - - - -- 235 ____ SERVING LINE 63 IF-clC11 2 34 O U PROGRAM ; __ BEDS C11 208 63 I I I j C11 I I I I I I I ! I I I C9 I I I ! I I I 1 B3 1 C9 C9 PROGRAM ic11 BEDS i T1 C9 j 207 C11 FOYERI'll B3 1 ! c11 II C11 233 11 ! 13 O------------------------ 1 ------------------------------ - - - - -n 9 I I II II I DINING II I ENTRY II I I I 232 II I II la I I D5 � S EF 2 243 ELEC 248 JANITOR 246 DRY �TOf��1UE W LK -IN COOLE / FREEZER 245 1 =W J[C�7) C C7 C C7 C T9 C7 G T9 C7 c C7 C TO 7 G E BAR HEIGHT SEATING --------------------------- - - - - -- -------------------------- - - - - -- --------------------------------- --------------------------------------------- P II II II II II II II II II ---------------------------------- P II II II II II II II II II P P II II II II II II II II II II II II II II II II II II LAUNDRY F21_81 ---- �� - - -- i N I I II I II II I I I II I II II I ! 1 ry O L_J . L____JL____J I. I 1 13 - -- O U C11 I II ' I I C11 I I I I T1� I , I � I I III °III I� III O - - -- -- - -Ilil Iii I I I I I I I I I C11 I I 9 I I I I I I I J III I I I I I I I I I I T1� I I c11 WOMEN'S T13 C11 c11 LOBBY c11 202 -------------- - - - - -- 13 I I I WOMEN'S II ENTRY II II I I I 201 II d Board of Commissioners - December 7, 2020 ITEM: 10- 3 - 1 CORRIDOR 227 CORRIDOR 228 U 9 A I B3 B3 B3 B3 PF OGRAM PF OGR M BEDS BEDS F2 1-11 210 �R PROGRAM DS BEDS 206 B3 B3 B3 II II II II II Ell II II II II I I p I II I p I II I II I II I II I II I II I II I II I II I II I II I II I II I II I u II I II I II I I I p I p I II I II I II I II I p I I I I p I I II II II II I I II II II II 10 JANITO RECEIVING 249 0 D5 I \ FACILITIIE c1 E OFFICE 251 MEN'S HC TOILET 238 ESTIBUL 237 IN CORRIDOR 252 TOOLS & EQUIPMENT 250 I I , I I - I ®II N aWOMEN'S ! HC TOILET P-3-61 ESTIBUL O '-- - - - - -- 235 ____ SERVING LINE 63 IF-clC11 2 34 O U PROGRAM ; __ BEDS C11 208 63 I I I j C11 I I I I I I I ! I I I C9 I I I ! I I I 1 B3 1 C9 C9 PROGRAM ic11 BEDS i T1 C9 j 207 C11 FOYERI'll B3 1 ! c11 II C11 233 11 ! 13 O------------------------ 1 ------------------------------ - - - - -n 9 I I II II I DINING II I ENTRY II I I I 232 II I II la I I D5 � S EF 2 243 ELEC 248 JANITOR 246 DRY �TOf��1UE W LK -IN COOLE / FREEZER 245 1 =W J[C�7) C C7 C C7 C T9 C7 G T9 C7 c C7 C TO 7 G E BAR HEIGHT SEATING --------------------------- - - - - -- -------------------------- - - - - -- --------------------------------- --------------------------------------------- P II II II II II II II II II ---------------------------------- P II II II II II II II II II P P II II II II II II II II II II II II II II II II II II GENERAL ; 63 B3 63 B3 B3 STORAG 36 36 36 36 j 247 36 36 36 36 PROGRAM P OGRA P OGR, BEDS BEDS BEDS (45) S3 ! 266 265 264 1 3fi 36 36 36 PROGRAM CORRIDOR 281 BEDS 0 36 36 36 36 i T12 T12 26763 C14 C1 � M ! 36 36 36 36 ! ___= 00 CV 36 36 36 36 j 63 =___ B3 B3 FE PROGRAM BEDS 263 HB3 B3 PROGRAM BEDS 262 Q T12 B3 0 S _ PROGRAM � OW 36 36 36 36 ; BEDS 36 36 36 36 ; 2681 O 278 U hi 63 O O O O 0 O O O O 0 O O O O O co ------ 0 0 0 0 2 B4 0 0 0 0 � SHELTER (35) C12A BEDS 0 0 0 0 0 p 269 El El D El 1 63 TV ROOM O =__° O O 274 U �� f R� T11 EL INGS Tit T11 T13 T11 ' ---------------------- 1 I I I 1 Ci l C131 T14 1 I 0 T11 1 h11 1 i I T11 1 I I I I I I I II I I ! O111 I I I I ! I II I I ! T14 MEN'S 1 G171 LOBBY ! 254 i T13IL C11 - -- ---------------- - - - -JT 00 SHELTER BEDS M■IiI'�;- LAUNDRY 1 I II I II I I II I i III I C11 13 ! SUPPLIES 257 II II II MEN'S I II II II ENTRY I I II n n 25 n n n I u I I n II II II II II II FF &E PLAN 01 SCALE: 1/8" = 1' -0" • • ARCHITECTURE t INTERIORS 219 N. Boylan Avenue Raleigh, North Carolina 27603 t. 919.833.5400 www.isdesignpa.com Project THE HEALING PLACE OF NEW HANOVER COUNTY 1000 MEDICAL CENTER DRIVE WILMINGTON, NORTH CAROLINA Client NEW HANOVER COUNTY, NORTH CAROLINA All reproduction & intellectual property rights reserved © 2020 Key Plan C9N C. Professional Seals 9 — — p �: _ _ 51286 D: _ _ El GO, No. Description Date 1 CONSTRUCTION DOCUMENT SET 08/25/20 Project Code: 16HTWILMING Sheet Title FF &E PLAN DINING /SHELTER /SHELTER BUILDING Original drawing is 42 x 30 Do not scale contents of this drawing Sheet Number A-802 3 U OI C U m O c m a C N C N E O a_ w n 0 a L_ LAUNDRY 323 N ENTIAL BUILDING 01 SCALE: 1/8" = 1' -0" I Board of Commissioners - December 7, 2020 ITEM: 10-4- 1 " FF &E PLAN - MEN'S RESIDENTIAL BUILDING 02 SCALE: A 1111 Haynes Street, Suite 103 Raleigh, North Carolina 27604 It. 919.833.5400 www.isdesignpa.com Project THE HEALING PLACE OF NEW HANOVER COUNTY 1000 MEDICAL CENTER DRIVE WILMINGTON, NORTH CAROLINA Client 0 NTY.� 1 aRT O S 2 � A � C 3 NEW HANOVER COUNTY, NORTH CAROLINA All reproduction 8 intellectual property rights reserved ® 2020 Key Plan Professional Seals (A& a•OS. DES/GN�., 51286 n' = - i No. Description Date I CONSTRUCTION DOCUMENT SET W /25/20 Project Code: 16HTWILMING Sheet Title FF &E PLANS WOMEN'S & MEN'S RESIDENTIAL BUILDINGS Original drawing is 42 x W Do not scale contents of this drawing Sheet Number A -803 L_ 3 o, c a s m 0 a a_ o' n 0 0 a r r r r , Im An 'o r mI B o a® a a a z aoalaa ©aavrs C 0 r �® r r o u C -__ rr MEN'S r _ OKING ° rr A � u �ms`0e'' ii 0,3° ii 015 IT/ .I . ii SERVER M 05 F50-91 Y Fa I LOBBY STAFF C NSU 3E< ® LINENS F5 1-01 5 08 c1 _ _________ D2 ea Ba n p i9 C12 C,2 I 19 SUPPLIES I d ctt � - - - -- 9 Ai pl 4 F 84 1 LEI Ba LOUNGE II II II I II II e,2 ill MEN'S DETOX SUITE 50 ® D1 c, ii li iIi 503 - -- ------------- - - - - Id - ---- - - - - -- -- --- - - - - -- J B4 B4 ea B4 ct, n3 cn OFFICE (4)040 - 506 t 1 OILE ❑ I I\ -- RECEPTION/ LINEN k_' I B4 B4 B4 B4 STAFF , _ ct i I FILES _ e _ r -- - - - - -- I 04 \ C1 511 1 �I 1 011 ®014 074 014 it STA i 013 I I WOMEN'S _._ `\ ____ -- SMOKING C TOILET (a) 0.31 - - -- .. .. AREA ESTIBU O 17 02 pOo O F5 41 D ° LOBBY O ® i O O DA O 1 `1 (8)03p o - _---- - - - - -_ MEN'S U- 751-81 02 C o MEN'S HC TOILET U- ______ SHOWERS 1© N I I ' 1® LAUNQCtY 1 - I °013 CORRID OR LJ os os 534 ' , �_ a, FILES Bt 1, VESTIBULE RECEPTION / I C, 522 S r 013 530 STAFF I- .. - -.- N e4 e4 F5 2-01 SOILED Q „_ - LINEN O SUPPLIES i MY o ,1 •011 011 WOMEN'S 529 013 , HC TOILET 0 se ea R T�3 c„ OFFICE , -, C, 012 531 1 524 \ ` .012 01 ° C12 C7 ` �� 0 ° WOMEN'S DETOX SUITE LOUNGE of ° ° 0 1 x- 521 0 84 B4 B4 94 WOMEN'S c1+ n3 cn — SHOWERS IS \IJ F53-21 - c1z c+z e4 w Ba ea CO TATION 526 02 - -- STAFF - Cl 527 'd, ''J, RISER B4 D 75337 LI 7 I I I;1 f m LINEN �� 528 FF &E PLAN - DETOX BUILDING t O 1 SCALE: 1 /8 " =T -0" I I 01 e 01 e 012 1 I 012 \ O 011 (6) 04 t'p (8) 03 013 02 o fl 01 C�O (8) 03 Li l C D O O 0 62 C ICI C a a \ O O 1 :.1 SCALE: 1/8 " =1' -0" OL Board of Commissioners - December 7, 2020 ITEM: 10-5-1 ""k, 1111 Haynes Street, Suite 103 Raleigh, North Carolina 27604 t. 919.833.5400 www.isdesignpa.com Project THE HEALING PLACE OF NEW HANOVER COUNTY 1000 MEDICAL CENTER DRIVE WILMINGTON, NORTH CAROLINA Client a.,MTV O S 2 i � A S 3 NEW HANOVER COUNTY, NORTH CAROLINA All reproduction 8 intellectual property rights reserved 0 2020 Key Plan Professional Seals `C per. 51286 n: = pqu a,prt No. Description Date I CONSTRUCTION DOCUMENT SET W /25/20 Project Code: 16HTWILMING Sheet Title FF &E PLAN DETOX BUILDING Original drawing Is 42 x 30 Do not scale contents of this drawing Sheet Number AlA Document A133" -2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AGREEMENT made as of the eighteenth day of July in the year two thousand and sixteen (In words, indicate day, month and year) BETWEEN the Owner: (Name, legal status and address) Trillium Health Resources 1708 E. Arlington Blvd. Greenville, NC 27858 -5872 and the Construction Manager: (Name, legal status and address) J.M. Thompson Company PO Box 33066 Raleigh, NC 27636 for the following Project: (Name and address or location) Healing Transitions of Eastern North Carolina 1000 Medical Center Drive Wilmington, NC The Architect: (Name, legal status and address) iS design, p.a. 219 N. Boylan Ave. Suite 100 Raleigh, NC 27603 The Owner's Designated Representative: (Name, address and other information) Christie Edwards 1708 E. Arlington Blvd. Greenville, NC 27858 -5872 Telephone Number: 866.998.2597 Fax Number: 252.215.6881 Mobile Number: 252.320.4163 E -mail Address: Christie.Edwards @trilliumnc.org The Construction Manager's Designated Representative: (Name, address and other information) Dickie Thompson ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added Information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary Information and where the author has added to or deleted from the original AIA text. This document has Important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 TM- 2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. snit AIA Document A133?0 — 2009 (formerly A121 T'"CNtc — 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA{ Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 12:32:38 on o8l0 =15 under Order No. 7756323805 which expires on 0711512017, and is not for resale. User Notes: (389ADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 1 PO Sox 33066 Raleigh, NC 27636 Telephone Number. 919.851.1611 Ext. 132 Fax Number, 919.859.9583 Mobile Number: 919.349.7377 E -mail Address: Dickie .Thompson @lMThompsonco.com The Architect's Designated Representative: (Name, address and other Information) Mark Valand 219 N. Boylan Ave. Suite 100 Raleigh, NC 27603 Telephone Number: 919.747.8708 Fax Number: 919.833.5495 Mobile Number: 919.623.0101 E -mail Address: mark(uisdesignpa.com The Owner and Construction Manager agree as foIIows. Init. AIA Document A133^' — 2009 (formerly A121 °'CMc — 2003). Copyright 0 1891, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA1` 2 Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law_ This document was produced by AtA software at 12 32:38 on 08/04/2018 under Order No. 7758323805 which expires on 0711512017, and is not for resale User Notes: (3BIaADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 2 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 OWNER'S RESPONSIBILITIES 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 6 COST OF THE WORK FOR CONSTRUCTION PHASE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 8 INSURANCE AND BONDS 9 DISPUTE RESOLUTION 10 TERMINATION OR SUSPENSION 11 MISCELLANEOUS PROVISIONS 12 SCOPE OF THE AGREEMENT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT ARTICLE 1 GENERAL PROVISIONS § 1.1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein, Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section 2.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 2.2.8. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. § 1.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's skill and judgment in furthering the interests of the Owner; to furnish efficient construction administration, management services and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. § 1.3 General Conditions For the Preconstruction Phase, AIA Document A20ITm-2007, General Conditions of the Contract for Construction, shall apply only as specifically provided in this Agreement. For the Construction Phase, the general conditions of the contract shall be as set forth in A201 -2007, which document is incorporated herein by reference. The term "Contractor" as used in A201 2007 shall mean the Construction Manager. AIA Document A133T" —2009 (formerly A121 °'CIVIc — 2003). Copyright 01991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' 3 Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. ! This document was produced by AIA software at 12.32 38 on 08/0412018 under Omer No. 7758323805 which expires on 07115/2017, and is not for resale User Notes: (3B9ADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 3 ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager's Preconstmction Phase responsibilities are set forth in Sections 2.1 and 2.2. The Construction Manager's Construction Phase responsibilities are set forth in Section 2.3. The Owner and Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.1 Preconstruction Phase § 2.1 .1 The Construction Manager as Constuctor will be responsible for the following Preconstruction services: 1. Confirm and/or modify the design and construction schedule illustrating the procurement phasing, commissioning and owner occupation and start -up. Participate with the design team to review documents and advise to qualify systems by commenting on systems and material selections to the extent they affect constructability, costs and availability associated with the project and the schedule in support of their preparation of a Guaranteed Maximum Price. (4 —6 ) meetings. 2. ldentify and quantify materials and subcontractors for support of the established schedule and construction. 3. Preparation of Bid packages including Request for Proposal and administration of the Bidding process through solicitation and receipt of bids per requirements of N.C.G.S. § 143 - 128.1. 4. Verify vendor proposal compliance with the Company/Firm, and project terms and conditions, and negotiate as required for procurement. S. Preparation of a Construction Cost estimate with pricing and allocation between the various project elements in a format acceptable to Trillium and Architect that will qualify and validate the Guaranteed Maximum Price established by this Contract for the project. 6. Negotiate as permitted by State Bidding Laws, compile and issue subcontracts and purchase orders. 7. Acquire the services of a Geotechnical Engineer, when such services are requested by the Architect, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. These consulting engineering services, once complete, will be compensated by the owner as a reimbursable expense. § 2.1.2 Consultation The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall advise the Owner and the Architect on proposed site use and improvements, selection of materials, and building systems and equipment. The Construction Manager shall also provide recommendations consistent with the Project requirements to the Owner and Architect on constructability; availability of materials and labor; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life -cycle data, and possible cost reductions. § 2.1.3 When Project requirements in Section 3. 1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities and identify items that could affect the Project's timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Owner. § 2.1.4 Phased Construction The Construction Manager shall provide recommendations with regard to accelerated or fast -track scheduling, procurement, or phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities and procurement and construction scheduling issues. AIA Document A1337° —2009 (formerly A121 "'CMC — 2003). Copyright ®1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Tmaties. Unauthorized reproduction or distribution of this AIA" 4 Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. j This document was produced by AIA software at 12:32 38 on 08/04/2015 under Order No 7758323805 which expires on 07/1512017, and is not for resale, User Notes: (3B9ADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 4 § 2.1.5 Preliminary Cost Estimates § 2.1.5.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Architect's review and Owner's approval. If the Architect or Construction Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 2.1.5.2 As the Architect progresses the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, estimates of the Cost of the Work of increasing detail and refinement until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall inform the Owner and Architect when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action. § 2.1.6 Subcontractors and Suppliers The Construction Manager shall develop bidders' interest in the Project. § 2.1.7 The Construction Manager shall prepare, for the Architect's review and the Owner's acceptance, a procurement schedule for items that must be ordered well in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them. § 2.1.8 Extent of Responsibility The Construction Manager shall exercise reasonable care in preparing schedules and estimates. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. § 2.1 .9 Notices and Compliance with Laws The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi governmental authorities for inclusion in the Contract Documents. § 2.2 Guaranteed Maximum Price Proposal and Contract Time § 2.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager and in consultation with the Architect, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's review and acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager's estimate of the Cost of the Work, including contingencies described in Section 2.2.4, and the Construction Manager's Fee. § 2.2.2 To the extent that the Drawings and Specifications are anticipated to require further development by the Architect, the Construction Manager shall provide in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. § 2.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following: .1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract; AIA Document A133TM —2009 (formerly A1211'CMc —21303). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIAe Document Is protactod by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' � Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. f This document was produced by AIA software at 12:32:38 on 08/04/2018 under Order No. 7758323805 which expires on 07/1512017, and Is not for resate. User Notes: (3B9ADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 5 .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 2.2.2, to supplement the information provided by the Owner and contained in the Drawings and Specifications; .3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, allowances, contingency, and the Construction Manager's Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; and .5 A date by which the Owner must accept the Guaranteed Maximum Price. § 2.2.4 In preparing the Construction Manager's Guaranteed Maximum Price proposal, the Construction Manager shall include its contingency for the Construction Manager's exclusive use to cover those costs considered reimbursable as the Cost of the Work but not included in a Change Order. § 2.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal. In the event that the Owner and Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 2.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. § 2.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the commencement of the Construction Phase, unless the Owner provides prior written authorization for such costs. § 2.2.8 The Owner shall authorize the Architect to provide the revisions to the Drawings and Specifications to incorporate the agreed upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish those revised Drawings and Specifications to the Construction Manager as they are revised. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the Guaranteed Maximum Price Amendment and the revised Drawings and Specifications. § 2.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and similar taxes for the Work provided by the Construction Manager that are legally enacted, whether or not yet effective, at the time the Guaranteed Maximum Price Amendment is executed. § 2.3 Construction Phase § 2.3.1 General § 2.3.1.1 For purposes of Section 8.1.2 of A201 -2007, the date of commencement of the Work shall mean the date of commencement of the Construction Phase. § 2.3.1.2 The Construction Phase shall commence upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal or the Owner's issuance of a Notice to Proceed, whichever occurs earlier. § 2.3.2 Administration § 2.3.2.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect. The Owner shall then determine, with the advice of the Construction Manager and the Architect, which bids will be accepted. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. Intl AIA Document A133"' — 2009 {formerly A121 °'CMc — 2003). Copyright O 1981, 2003 and 2008 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" 6 Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law This document was produced by ALA software at 1232 38 on 0810412016 under Order No. 7750323805 which expires on 0711512017, and is not for resale. User Notes: (389ADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 6 § 2.3.2.2 If the Guaranteed Maximum Price has been established and when a specific bidder (1) is recommended to the Owner by the Construction Manager, (2) is qualified to perform that portion of the Work, and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount and time requirement of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 2.3.2.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If the Subcontract is awarded on a cost plus fee basis, the Construction Manager shall provide in the Subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Section 6.11 below. § 2.3.2.4 if the Construction Manager recommends a specific bidder that may be considered a "related party" according to Section 6. 10, then the Construction Manager shall promptly notify the Owner in writing of such relationship and notify the Owner of the specific nature of the contemplated transaction, according to Section 6.10.2. § 2.3.2.5 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly distribute minutes to the Owner and Architect. § 2.3.2.6 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and submittal schedule in accordance with Section 3.10 of A201 -2007. § 2.3.2.7 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information required by the Owner. The Construction Manager shall also keep, and make available to the Owner and Architect, a daily log containing a record for each day of weather, portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the work, accidents, injuries, and other information required by the Owner. § 2.3.2.8 The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect and shall provide this information in its monthly reports to the Owner and Architect, in accordance with Section 2.3.2.7 above. § 2.3.2.9 The Construction Manager is responsible for complying with all NC State laws, specifically including but not limited to N.C.G.S. § 1:43 - 128.1. § 2.4 Professional Services Section 3.12, 10 of A201 -2007 shall apply to both the Preconstruction and Construction Phases § 2.5 Hazardous Materials Section 10.3 of A201-2007 shall apply to both the Preconstruction and Construction Phases. ARTICLE 3 OWNER'S RESPONSIBILITIES § 3.1 Information and Services Required of the Owner § 3.1 .1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, constraints, and criteria, including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems, sustainability and site requirements. AIA Document A133"" —2009 (formerly A121 T" CMe — 20031. Copyright 0 1991.2003 and 2009 by The American Institute of Architects. AN rights reserved. Irlit. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA 7 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. f This document was produced by AIA software at 12 32:38 on 0810412018 under Order No 7758323805 which expires on 0711512017, and Is not for resale, User Notes: (389ADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 7 § 3.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. 'Thereafter, the Construction Manager may only request such evidence if (1) the Owner fails to make payments to the Construction Manager as the Contract Documents require, (2) a change in the Work materially changes the Contract Sum, or (3) the Construction Manager identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner fumishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Construction Manager and Architect. § 3.1.3 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1.1, (2) the Owner's other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project's scope and quality. § 3.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Owner shaII furnish the following information or services with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 3.1.4.1 The Owner shall famish tests, inspections and reports required by law and as otherwise agreed to by the parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 3.1,4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 3.1.4.3 Not Used. § 3.1.4.4 During the Construction Phase, the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. § 3.2 Owner's Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner's representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section 4.2.1 of A201 -2007, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 3.2.1 legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 3.3 Architect The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B 102 -2007 amended to include services consistent with a project utilizing a Constuction Manager at Risk. Init AIA Document A133 t" —2009 (formerly A121 n Chlc — 20031. Copyright m 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAa Document Is protected by U.S. Copyright Low and Intemationat Treaties. Unauthorized reproduction or distribution of this AIA*' � Document, or any portion of It, may result In sovere civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:32 38 on 08/04/2018 under Order No. 7758323805 which expires on 0711512017, and Is not for resale. User Notes: (399ADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 8 ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 4.1 Compensation § 4.1.1 For the Construction Manager's Preconstruction Phase services, the Owner shall compensate the Construction Manager as follows: § 4.1.2 For the Construction Manager's Preconstruction Phase services described in Sections 2.1 and 2.2: (Insert amount of, or basis for, compensation and include a list of reimbursable cost items, as applicable.) 1.5% of the Owner's Construction Budget. § 4.1.31f the Preconstruction Phase services covered by this Agreement have not been completed within Seven ( 7 } months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. § 4.1.4 Compensation based on Direct Personnel Expense includes the direct salaries of the Construction Manager's personnel providing Preconstruction Phase services on the Project and the Construction Manager's costs for the mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. § 4.2 Payments § 4.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. § 4.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid Thirty ( 30 ) days after a clean invoice is received by the Owner shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. Invoices are due to the Architect by the fifth (5''') of the month following the month services were provided. Each invoice shall have an attestation/certification statement that states the following: "I hereby attest or certify that the services reported for payment are correct and have been performed according to the terms of the contract." This statement shall be signed and dated by the Construction Manager. Invoices will be sent to - Attention: Accounts Payable, at 144 Community College Road, Ahoskie, NC 27910 or Accountspayable@triIliumnc.org thirty (30) days from the receipt date of approved, accurate and complete invoicing. Invoicing that is received after sixty (60) days from the deadline will not be processed (Insert rate of monthly or annual interest agreed upon.) The Prime Rate as published by the Wall Street Journal plus 3% ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 5.1 For the Construction Manager's performance of the Work as described in Section 2.3, the Owner shall pay the Construction Manager the Contract Sum in current funds. The Contract Sum is the Cost of the Work as defined in Section 6. 1.1 plus the Construction Manager's Fee. § 5A.1 The Construction Manager's Fee: (State a lump sum, percentage of Cast of the Work or other provision far determining the Construction Manager's Fee.) The Basis of Payment is the Cost of the Work plus fixed General Conditions, mark -ups, and Fee with a Guaranteed Maximum Price (GMP). Fixed General Conditions, mark -ups and Fee are based on the following - Construction Manager's Fee of 4% of GMP General Conditions Fee of 8% of GMP, and the Construction Manager's Contingency Fee of 3.5% of GMP. The guidelines for cost, procurement and project delivery shall be compliant with N.C.G.S. § 143 -128. The project will have a payment retainage of Five Percent (5%) and the contract will include a 75a/o/25% Owner /Construction Manager savings split (CM Cap at $100,000.00). The Guaranteed Maximum price will be established during the Pre- Construction Phase by the end of the Construction Document Development phase. inrc AIA DocumentA1"' 33 —2009 (formerly A121"'CMc — 2003). Copyright ®1691, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA1 Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw t This document was produced by AIA software at 12:32 38 on 08/0412016 under Order No 7756323805 which expires on 07/15/2017, and is not for resale User Notes: (389ADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 9 § 5.1.2 The method of adjustment of the Construction Manager's Fee for changes in the Work: Cost of the Work (to include applicable general conditions costs) plus five percent (5 %) of Cost of the Work § 5.1.3 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: Subcontractors and Sub- subontractors shall be allowed to mark up their applicable change orders 10% for overhead and 5% for profit. § 5.1.4 Rental rates for Construction Manager -owned equipment shall not exceed ninety percent ( 90 %) of the standard rate paid at the place of the Project. § 5.1.5 Unit prices, if any: (Identijy and state the unit price; state the quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 5.2 Guaranteed Maximum Price § 5.2.1 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment, as it is amended from time to time. To the extent the Cost of the Work exceeds the Guaranteed Maximum Price, the Construction Manager shall bear such costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner. (Insert specific provisions if the Construction Manager is to participate in any savings) 75% Owner/ 25% Contract Manager § 5.2.2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the Contract Documents and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. § 5.3 Changes in the Work § 5.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The Architect may make minor changes in the Work as provided in Section 7.4 of AIA Document A201 2007, General Conditions of the Contract for Construction. The Construction Manager shall be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 5.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Section 7.3.3 of AIA Document A2012007, General Conditions of the Contract for Construction. § 5.3.3 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Section 7.3.3.3 of AIA Document A201-2007 and the term "costs" as used in Section 7.3.7 of AIA Document A201-2007 shall have the meanings assigned to them in AIA Document A201-2007 and shall not be modified by Sections 5.I and 5.2, Sections 6.1 through 6.7, and Section 6.8 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terns of those subcontracts. Init AIA DocumentA133TM' —2009 (formerly A1211"CMc— 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Lew and Intemational Treaties. Unauthorized reproduction or distribution of this AIA' 10 Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. i This document was produced by AIA software at 12 32,38 on 0810412016 under Order No. 7755323805 which expires on 0711512017, and Is not for resale. User Notes: (3B8ADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 10 § 5.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost' ' and "costs" as used in the above - referenced provisions of AIA Document A201 -2007 shall mean the Cost of the Work as defined in Sections 6.1 to 6.7 of this Agreement and the term "fee" shall mean the Construction Manager's Fee as defined in Section 5.1 of this Agreement. § 5.3.5 If no specific provision is made in Section 5.1.2 for adjustment of the Construction Manager's Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Section 5.1.2 will cause substantial inequity to the Owner or Construction Manager, the Construction Manager's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work, and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE § 6.1 Costs to Be Reimbursed § 6.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in Sections 6.1 through 6.7. § 6.1.2 Where any cost is subject to the Owner's prior approval, the Construction Manager shall obtain this approval prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing Guaranteed Maximum Price Amendment. § 6.2 Labor Costs § 6.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner's prior approval, at off -site workshops. § 6.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site with the Owner's prior approval. (lf it is intended that the wages or salaries of certain personnel stationed at the Construction Manager's principal or other oJces shall be included in the Cost of the Work, identijy in Section 11.5, the personnel to be included, whether for all or only part of their time, and the rates at which their time will be charged to the Work) § 6.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. § 6,2.4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 6.2. l through 6.2.3. § 6.2.5 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor, with the Owner's prior approval. § 6.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. § 6.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 6.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. § 6.4.2 Costs of materials described in the preceding Section 6.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of the Work or, at the Owner's option, shall be sold by the Construction Manager. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. ALA Document A433T" —2009 iformerly A121 TOCMc — 20031, Copyright m 1981, 2003 and 2009 by The American Institute of Architects. All rights reserved. InlL WARNING: This AIA° Document is protected by U.S. Copyright Low and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, t This document was produced by AIA software at 12 32.38 on 0810412016 under Order No. 7756323805 which expires on 07/15/2017, and is not for resale. User Notes: (3B9ADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 11 § 6.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 6.5.1 Costs of transportation, storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no Ionger used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 6.5.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and costs of transportation, installation, minor repairs, dismantling and removal. The total rental cost of any Construction Manager -owned item may not exceed the purchase price of any comparable item. Rates of Construction Manager -owned equipment and quantities of equipment shall be subject to the Owner's prior approval. § 6.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 6.5.4 Costs of document reproductions, facsimile transmissions and long - distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. § 6.5.5 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 6.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior approval. § 6.6 Miscellaneous Costs § 6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. § 6.6.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the Construction Manager is liable. § 6.6.3 Fees and assessments for the building permit and for other permits, Iicenses and inspections for which the Construction Manager is required by the Contract Documents to pay. § 6.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.5.3 of AIA Document A201 -2007 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 6.7.3. § 6.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Contract Documents; and payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner's consent. However, such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Construction Manager's Fee or subject to the Guaranteed Maximum Price. If such royalties, fees and costs are excluded by the last sentence of Section 3.17 of AIA Document A201 -2007 or other provisions of the Contract Documents, then they shall not be included in the Cost of the Work. § 6.6.6 Costs for electronic equipment and software, directly related to the Work with the Owner's prior approval. § 6,6.7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility in the Contract Documents. § 6.6.8 Legal, mediation and arbitration costs, including attorneys' fees, other than those arising from disputes between the Owner and Construction Manager, reasonably incurred by the Construction Manager after the execution lnit AIA Document A133"' -2009 (formerly A121 "'CMC — 2003). Copyright C 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved, WARNING This AIA^- Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distrfbution of this AIA'- 1I2 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. j This document was produced by AIA soltware at 12:32 38 on 0810412010 under Order No 7759323805 which expires on 0711572017, and Is not for resale, User Notes: (3B9ADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 12 of this Agreement in the performance of the Work and with the Owner's prior approval, which shall not be unreasonably withheld. § 6.6.9 Subject to the Owner's prior approval, expenses incurred in accordance with the Construction Manager's standard written personnel policy for relocation and temporary living allowances of the Construction Manager's personnel required for the Work. § 6.7 Other Costs and Emergencies § 6.7.1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the Owner. § 6.7.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Section 10.4 of AIA Document A201 -2007. § 6.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Construction Manager and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others. § 6.7.4 The costs described in Sections 6.1 through 6.7 shall be included in the Cost of the Work, notwithstanding any provision of AIA Document A201 --2007 or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 6.8. § 6.8 Costs Not To Be Reimbursed § 6.8.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in Section 6.2, or as may be provided in Article 11; .2 Expenses of the Construction Manager's principal office and offices other than the site office; .3 Overhead and general expenses, except as may be expressly included in Sections 6.1 to 6.7; .4 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work; .5 Except as provided in Section 6.7.3 of this Agreement, costs due to the negligence or failure of the Construction Manager, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; .6 Any cost not specifically and expressly described in Sections 6.1 to 6.7; .7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; and .8 Costs for services incurred during the Preconstruction Phase. § 6.9 Discounts, Rebates and Refunds § 6.9.1 (Not Used) § 6.9.2 (Not Used) § 6.10 Related Party Transactions § 6.10.1 For purposes of Section 6. 10, the term "related party" shall mean a parent, subsidiary, affiliate or other entity having common ownership or management with the Construction Manager; any entity in which any stockholder in, or management employee of, the Construction Manager owns any interest in excess of ten percent in the aggregate; or any person or entity which has the right to control the business or affairs of the Construction Manager. The term "related party" includes any member of the immediate family of any person identified above. § 6.10.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party, the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction, then the Init. AIA Document A133T" » 2009 (formerly A121 T"CMc 2003). Copyright 01891, 2003 and 2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 13 Document, or any portion of It, may resutt In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 12:32:38 on Dal0412016 under Order No. 7766323805 which expires on 0711512017, and is not for resale. User Notes; (389ADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 13 cost incurred shall be included as a cost to be reimbursed, and the Construction Manager shall procure the Work, equipment, goods or service from the related party, as a Subcontractor, according to the terms of Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3. If the Owner fails to authorize the transaction, the Construction Manager shall procure the Work, equipment, goods or service from some person or entity other than a related party according to the terms of Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3. § 6.11 Accounting Records The Construction Manager shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager's records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, purchase orders, vouchers, memoranda and other data relating to this Contract. The Construction Manager shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 7.1 Progress Payments § 7-1 .1 Based upon Applications for Payment submitted to the Architect by the Construction Manager and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Construction Manager as provided below and elsewhere in the Contract Documents. § 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 7.1.3 Provided that an Application for Payment is received by the Architect not later than the fifth day of a month, the Owner shall make payment of the certified amount to the Construction Manager not later than thirty (30) days of receipt of the Application for Payment. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than fifteen ( 15 ) days after the Architect receives the Application for Payment unless (Federal, state or local laws may require payment within a certain period of time. ) § 7.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager, less that portion of those payments attributable to the Construction Manager's Fee, plus payrolls for the period covered by the present Application for Payment. § 7.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Construction Manager's Applications for Payment. § 7.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed, or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Construction Manager on account of that portion of the Work for which the Construction Manager has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. !nit AIA Document A133"' —2009 (formerly A121 TOCMc — 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Amhitects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA ,� Document, or any portion of 11, may result In sovere civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 12:32 38 on 08/04/2018 under Order No 7759323805 which expires on 07/15/2017, and is not for resale, User Notes: (31219ADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 14 § 7.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A2012007; .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Add the Construction Manager's Fee, less retainage of five percent ( 5 %). Upon 50% completion of the Project no retainage will be withheld per NC I43- 134.1(b1). The Construction Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; 1. Until the project is 50 percent complete, the local government cannot retain more than 5 percent of any periodic payment owed to the prime contractor. 2. When the project is 50 percent complete, no further retainage is allowed as long as the contractor's performance is satisfactory. To stop retainage under these circumstances, the local government must have written consent of the surety. 3. When a certificate of substantial completion is issued or upon beneficial occupancy, all remaining retainage must be released, though the local government may retain up to two -and -a -half times the value of any remaining work to secure completion or correction of that work (the "punch list" work). "Line- item" release of retained funds is required for "early finishing trades" (subcontractors who complete 100 percent of their work before the project is 50 percent complete, including structural steel, piling, caisson, and 4. demolition). .4 Subtract retainage of five percent (5 %) from that portion of the Work that the Construction Manager self - performs; .5 Subtract the aggregate of previous payments made by the Owner; .B Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required by Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and .7 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 7.1.8 The Owner and Construction Manager shall agree upon (1) a mutually acceptable procedure for review and approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in accordance with those agreements. § 7.1.9 Except with the Owner's prior approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 7.1.10 In taking action on the Construction Manager's Applications for Payment, the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Section 7.1.4 or other supporting data; that the Architect has made exhaustive or continuous on -site inspections; or that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § 7.1.11 Forms maintained and by the Contract Manager and the Contract Manager's subcontractors will substantially comply with the NC Department of Revenue rules for substantiation of sales tax and will be submitted with each pay application. Init. AIA Document A133°' — 2008 (formerly A121 *"CMc — 2003). Copyright 0 1981, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA{' ,� Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law This document was produced by AiA software at 12:32 38 on 08104/2016 under order No. 7758323805 which expires on 07115!2017.. and Is not for resale. User Notes: (MgADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 15 § 7.1.12 E- Verify: As a condition of payment under this agreement, Contract Manager shall comply with the requirements of N.C.G.S. § 143 -133.3 E- Verify requirements for itself and all of its subcontractors. Violation of this provision, unless timely cured, shall constitute a breach of Contract. § 7.2 Final Payment § 7.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when .1 the Construction Manager has fully performed the Contract except for the Construction Manager's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 -2007, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment; and .3 a final Certificate for Payment has been issued by the Architect. .4 Final Payment will exclude amounts withheld for the completion of punch list items which will be paid within 30 days of Architect's certification that all such items have been remediated or completed. The Owner's final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: § 7.2.2 The Owner's auditors will review and report in writing on the Construction Manager's final accounting within 30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Work as the Owner's auditors report to be substantiated by the Construction Manager's final accounting, and provided the other conditions of Section 7.2.1 have been met, the Architect will, within seven days after receipt of the written report of the Owner's auditors, either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate as provided in Section 9.5.1 of the AIA Document A201 -2007. The time periods stated in this Section supersede those stated in Section 9.4.1 of the AIA Document A201 -2007. The Architect is not responsible for verifying the accuracy of the Construction Manager's final accounting. § 7.2.3 if the Owner's auditors report the Cost of the Work as substantiated by the Construction Manager's final accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Section 15.2 of A20I- 2007. A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment. Failure to request mediation within this 30 -day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. § 7.2.4 If, subsequent to final payment and at the Owner's request, the Construction Manager incurs costs described in Section 6.1.I and not excluded by Section 6.8 to correct defective or nonconforming Work, the Owner shall reimburse the Construction Manager such costs and the Construction Manager's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If the Construction Manager has participated in savings as provided in Section 5.2.1, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. ARTICLE 8 INSURANCE AND BONDS For all phases of the Project, the Construction Manager and the Owner shall purchase and maintain insurance, and the Construction Manager shall provide bonds as set forth in Article 11 of AIA Document A201 -2007. (State bonding requirements, f arty, and limits of liability for insurance required in Article 11 ofAIA DocumentA201 2007.) Inft AIA Document A133*" —2009 (formerly A121 „'CMe — 2003). Copyright Q 1991, 2003 and 2049 by The American Institute of Architects. All rights reserved. WARNING: This AIA• Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'' 16 Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law t This document was produced by AIA software at 12 32:38 on 08/04/2416 under Order No 7759323805 which expires on 07/1512017, and Is not for resale User Notes: (389ADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 16 Type of Insurance or Bond Limit of Liability or Bond Amount $0.00 Commercial General Liabili - Occurrence Form: a. Bodily Injury and Property Damage (each occurrence $1,000,000 b. Personal & Advertising Injury $1,000,000 c. General Aggregate $22000,000 d. Contractual Liability S1,000,000 e. Products Completed Operations S2,000,000 f. Excess/Umbrella Liability $4,000,000 Workmen's Compensation and Employers Liability Insurance - Bodily In'u by: Accident $500,000 - each accident Disease $500,000 - policy limit Disease $500,000 - each employee For all subcontractors, the Construction Manager must obtain current insurance certificates and maintain certificates from each subcontractor for the duration of the agreement, if not longer. The limits of coverage for each subcontractor shall be as follows: Type of Insurance or Bond Limit of Liability or Bond Amount $0.00 Commercial General Liability - Occurrence Form: a. Bodily Injury and Property Damage (each occurrence $1,000,000 b. Personal & Advertising In'u $1,000,000 c. General Aggregate $2,000,000 d. Contractual Liability $1,000,000 e. Products Completed Operations $2,000,000 f. Excess/Umbrella Liabili $4X0,000 Workmen's Compensation and Employer's Liability Insurance - Bodily Inju by- Accident $500 000 - each accident Disease $500,000 - policy limit Disease $500,000 - each employee ARTICLE 9 DISPUTE RESOLUTION § 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 9 and Article 15 of A201 -2007. However, for Claims arising from or relating to the Construction Manager's Preconsttuction Phase services, no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution, and Section 9.3 of this Agreement shall not apply. § 9.2 For any Claim subject to, but not resolved by mediation pursuant to Section 15.3 of AIA Document A201- 2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Construction Manager do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201 2007 [ ] Litigation in a court of competent jurisdiction [ X ] Other: (Spec) In}t AIA Document A1337' —2009 (formerly A121 "'CNlc — 2003). Copyright CI 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAo Document Is protected by U.S. Copyright Law and International Troatles. Unauthorized reproduction or distribution of this AIAw �T Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 12 3238 on 08104/2016 under Order No. 7756323805 which expires on 07/1512017, and Is not for resale. User Notes: (389ADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 17 Litigation in the North Carolina General Court of Justice § 9.3 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Section 15.2 ofAIA Document A201 -2007 for Claims arising from or relating to the Construction Manager's Construction Phase services, unless the parties appoint below another individual, not a party to the Agreement, to serve as the Initial Decision Maker. fIf the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) ARTICLE 10 TERMINATION OR SUSPENSION § 10.1 Termination Prior to Establishment of the Guaranteed Maximum Price § 10.1.1 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven days' written notice to the Owner, for the reasons set forth in Section 14. 1.1 of A201 -2007. § 10.1.2 In the event of termination of this Agreement pursuant to Section 10.1.1, the Construction Manager shall be equitably compensated for Preconstruction Phase services performed prior to receipt of a notice of termination. In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 4.1. § 10.1.3 If the Owner terminates the Contract pursuant to Section 10.1.1 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay to the Construction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid to the Construction Manager under Section 10.1.2: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 5.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed -sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services. The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager which the Owner elects to retain and which is not otherwise included in the Cost of the Work under Section 10.1.3.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 10, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract, purchase order or rental agreement, if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that would have constituted a Cost of the Work had this agreement not been terminated, the Construction Manager will terminate the subcontract, purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. Init AlA Document A133"' — 2009 (formerly A121 "'CMc — 2003). Copyright b 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved, WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM 8 Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by ALA software at 12 32:38 on 08/04/2019 under Order No 7758323805 which expires on 0711512017, and is not for resale, User Notes: (3B9ADA29) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 18 § 10.2 Termination Subsequent to Establishing Guaranteed Maximum Price Following execution of the Guaranteed Maximum Price Amendment and subject to the provisions of Section 10.2.1 and 10.2.2 below, the Contract may be terminated as provided in Article 14 of AIA Document A201 -2007. § 10.2.1 If the Owner terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Construction Manager pursuant to Sections 14.2 and 14.4 of A201 -2007 shall not exceed the amount the Construction Manager would otherwise have received pursuant to Sections 10. 1.2 and 10. 1.3 of this Agreement. § 10.2.2 If the Construction Manager terminates the Contract after execution of the Guaranteed Maximum Price Amendment, the amount payable to the Construction Manager under Section 14.1.3 of A201-2007 shall not exceed the amount the Construction Manager would otherwise have received under Sections 10. 1.2 and 10. 1.3 above, except that the Construction Manager's Fee shall be calculated as if the Work had been fully completed by the Construction Manager, utilizing as necessary a reasonable estimate of the Cost of the Work for Work not actually completed. § 10.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201- 2007. In such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 of AIA Document A201 -2007, except that the term "profit" shall be understood to mean the Construction Manager's Fee as described in Sections 5.1 and 5.3.5 of this Agreement. ARTICLE 11 MISCELLANEOUS PROVISIONS § 11.1 Terms in this Agreement shall have the same meaning as those in A201- -2007. § 11.2 Ownership and Use of Documents Section 1.5 of A20I -2007 shall apply to both the Preconstruction and Construction Phases. § 11.3 Governing Law Section 13.1 of A201 -2007 shall apply to both the Preconstruction and Construction Phases § 11.4 Assignment The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and Iegal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the Iender agrees to assume the Owner's rights and obligations under this Agreement Except as provided in Section 13.2.2 of A201 -2007, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 11.5 Other provisions: ARTICLE 12 SCOPE OF THE AGREEMENT § 12.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 12.2 The following documents comprise the Agreement: .1 AIA Document A133-2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price .2 AIA Document A201--2007, General Conditions of the Contract for Construction .3 AIA Document E201Tm -2007, Digital Data Protocol Exhibit, if completed, or the following: Iftlt AIA Document A133TN —2009 (formerly A121 "'CMC —2003). Copyright C 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAo Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA11 19 Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. ! This document was produced by AIA software at 12 32 38 on 08/0412016 under Order No. 7759323805 which expires on 0711512017, and is not for resale_ User Notes: (389ADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 19 I RECEIVED AUG 10 2916 .a AIA Document E202'rl" -2008, Building Information Modeling Protocol Exhibit, if completed, or the following: .5 Other documents: (List other documents, if arty, forming part of the Agreement) This Aggraement is a red into as of the day and year first written above. ` • • OWN (Signature) CONSTRUCTION MANAGER (Sig ature) Leza Wainwright, CEO Dickie Thompson, Executive Vice President (Printed 'name and title) (Printed name and title) ` j:w, �[ OWNER (Signature) Joy Futrell, VP of Business Operations (Printed name and title) AIA Document A1337' — 2009 (formerly A121 "'CMc — 2003), Copyright m 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. )n)t. WARNING. This AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or dlstributlon of this AIA` 2 Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible tinder the law This document was produced by AIA software at 12 32:38 on 08/0412016 under Order No. 7758323805 which expires on 07/1512017, and is not for resale User Notes: (389ADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 20 Additions and Deletions Report for A!Aa Document A 933"" — 2009 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text Is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for Information purposes only and is not incorporated Into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 12:32:38 on 0810412016. PAGE 1 AGREEMENT made as of the eighteenth day of July in the year two thousand and sixteen Trillium Health Resources 1708 E. Arlin on Blvd. Greenville NC 27858-5872 J.M. Thompson Company PO Box 33066 Raleigh, NC 27636 Healing Transitions of Eastern North Carolina 1000 Medical Center Drive Wilmington, NC iS design. p.a. 219 N. Boylan Ave. Suite 100 Raiei NC 27603 Christie Edwards 1708 E. Arlington Blvd. Greenville, NC 27_858 -5872 Telephone Number: 866.998.2597 Fax Number: 252.2I5.688I Mobile Number: 252.320.4163 E -mail Address: Christie.Edwards trilliumnc.or Dickie Thompson PO Box 33066 Additions and Deletions Report for AIA Document A133*" — 2009 (Formerly A121 *"CMc — 2003). Copyright ®1981, 2003 and 2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA; Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIAO Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12-3238 on 0810412016 under Order No. 7750323805 which expires on 07!1512017, and Is not Far resale. User Notes: (3MADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 21 9 e hg_, NC 27636 Telephone Number: 919. 51.1611 Ext. 132 Fax Number: 919.859.9583 Mobile Number: 919.349.7377 E -mail Address: Dickie.Thompson(a JMThompsonco.com PAGE 2 Mark Valand 219 N. Boylan Ave. Suite 100 Raleigh, NC 27603 Telephone Number. 919.747.8708 Fax Number: 9I9.833.5495 Mobile Number: 919.623.0101 E -mail Address: marktal. isdesignna.com PAGE 4 § 2.1.1 The Construction Manager shah - eras Constuctor will be responsible for the following Preconstruction services: 1. Confirm and/or modify the desijzn and construction schedule illustrating the procuement. phasing, commissioning and owner occupation and start-up. Participate with the design team to review documents and advise to qualify systems by commenting on systems and material selections to the extent they affect constructability. costs and availability associated with the proiect and the schedule in support of their preparation of a Guaranteed Maximum Price. (4 —6 ) meetings. Of thO ' 2. Identify and quantify materials and subcontractors for support of the established schedule and construction. 3. Preyaration_of Bid packages including Request for Proposal and administration of the Bidding Umcess through solicitation_ and receipt_ of bids per requirements ofN.C.G;S. 4143- 128.1. 4. Verify vendor proposal compliance with the Company/Firm, and proiect terms and conditions, and nei;otiate as required for procurement. ,ntems-5. Preparation of a Construction Cost estimate with Dricing and allocation between the various project elements in a format acceptable to Trillium and Architect that will uali and validate the Guaranteed Maximum Price established b this „Contract for the project. 6.-Negotiate as permitted by State Bidding Laws, compile and issue subcontracts and purchase orders. Additions and Deletions Report for AIA Document A133TM — 2009 (formerly A121 nGMc — 20031. Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIAO Document Is protected by U.S. Copyright taw and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may result In severe civil and criminal penaltles, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:32 38 on 0810412016 under Order No. 7758323805 which expires on 07/1512017- and Is not for resale. User Notes: (3139ADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 22 9f the- ethef7. Ac uire the services of a Geotechnical Engineer, when such services are re nested by the Architect which m#y include but are not limited to test borings, test vits, determinations of soil bearing values percolation tests evaluations of hazardous materials seismic evaluation round corrosion tests and resistivi tests including n_ecessM operations for anticipating subsoil conditions, with written reports and appropriate recommendations; These consulting engineering services, once complete, will be compensated by the owner as a reimbursable expense. PAGE 5 § 2.1.5.2 As the Architect progresses wi&the , onstruction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, estimates of the Cost of the Work of increasing detail and refinement until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall inform the Owner and Architect when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action. PAGE 7 12.3.2.9 The Construction Manager is responsible for complying with all NC State laws, specifically includine but not limited to N.C.G.S. ll 143 - 128.1. PAGE 8 § 3.1.4.3 , T pits, values, T 1 so-is-mis f tests, inaludinog Nat Used. The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document Edition. 4be owner. shall pme;Adde 9-he- G--e-;;51fu6!ieA MBFI� and the Afehiteet, and", hii4her-medifirstieRs to the B102 -2007 amended to include services consistent with a project utilizing a Constuction Manager at Risk. PAGE 9 1.5% of the Owner's Construction Budget. § 4.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within Seven (7 ) months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. § 4.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid Thirty ( 30 ) days after clean invoice is received by the Owner shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction M_ anaser. Invoices_are due to the Architect by the fifth (5a') of the month followins the month services were nrovided. Each invoice shall have an attestation /certification statement that states the Additions and Deletions Report for AIA Document A133^' —2009 (formerty A121 *"CMe — 2003). Copyright C 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:32 38 on 08/04/2016 under Order No. 775x323805 which expires on 0711512017, and is not for resale. User Notes: (3t39ADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 23 followin : "I hereby attest or certify that the services re orted for 12ayment are correct and have been psIrformed according to the terms of the contract." This statement shall be signed and dated by the Construction Manager. Invoices will be sent to - Attention: Accounts Payable, at 144 Community College Road, Ahoskie. NC 27910 or Accountsr)avable(a)trilliumnc.org thirty days .from the receipt date of approved, accurate and complete invoicing. Invoicing that is received after si2it(60) days from the deadline will not be processed. 44-The Prime Rate as published by the WaI1 Street Journal plus 3 %. The Basis of Payment is the Cost of the Work plus fixed General Conditions, mark-ups-and Fee with a Guaranteed Maximum Price (GMP). Fixed General Conditions, mark -ups and Fee are based on the following - Construction Manager's Fee of 4% of GMP General Conditions Fee of 8% of GMP, and the Construction Manager's Contingency Fee of 3.5% of GMP. The guidelines for cost, procurement and project delivery shall be compliant with N.C.G.S. 5 143 -128. The project will have a payment retainage of Five Percent (5%) and the contract will include a 75%/25% Owner /Construction Manager savings split (CM Cap at $100,000.00). The Guaranteed Maximum price will be established during the Pre - Construction Phase by the end of the Construction Document Development phase. PAGE 10 Cost of the Work (to include applicable general_ conditions costs) plus five percent (5 %) of Cost of the Work Subcontractors and Sub- subontractors shall be allowed to mark up their applicable change orders 10% for overhead and 5% for profit. § 5.1.4 Rental rates for Construction Manager -owned equipment shall not exceed nipety percent ( 90 %) of the standard rate paid at the place of the Project. Additions and Deletions Report for AIA Document A133TM — 2009 (Formerly A121 TmCMc — 2003). Copyright C 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA " Document Is protected by U.S, Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 12:32:38 on 0610412016 under Order No. 7758323805 which expires on 0711512017. and is not for resale. User Notes. (3B9ADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 24 75% Owner/ 25% Contract Manager PAGE 12 § 6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. PAGE 13 § 6.9.1 Cash diaeounts obtained on payments made by the GeRsWaetieR Manager- Qwflff if (1) of Used § 6.9.2 of Used PAGE 14 § 7.1.3 Provided that an Application for Payment is received by the Architect not later than the fifth day of a month, the Owner shall make payment of the certified amount to the Construction Manager not later than t#e-- day- e€-t#e — meathr-thirtY (34)_days_of_receipt of the Application for Payment. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than fifteen (15 ) days after the Architect receives the Application for fit- Payment unless PAGE 15 3 Add the Construction Manager's Fee, less retainage of five percent ( 5 %). Upon 50% completion of the Proiect no retainage will be withheld per NC 143- 134.1(bl). The Construction Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, shall be an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work bears to a reasonable estimate of the probable Cost of the Work upon its completion; I . Until the proiect is 50 percent complete, the local government can_ n_ot_retain more than _5 _percent of any periodic payment owed to the prime contractor. 2. When the proiect is 50 percent complete, no further retainage is allowed as long _as the contractor's performance is satisfactory_ To stop retainage under these circumstances, the local government must have written consent of the surety. 3. When a certificate of substantial completion is issued or upon beneficial occupancy, all remaining retainage must be released, though the local government may retain up to two- and -a -half times the value of any remaining work to secure comRletion or correction of that work (the "punch list" work). "Line -item" release of retained funds is required for "early finishing trades" (subcontractors who complete 100 percent of their work before the project is 50 percent complete, including structural steel, piling, caisson, and Additions and Deletions Report for AIA Document A133TM — 2009 (Formerly A121 "'CMc — 2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This Alk Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAm Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 12:32 38 on 08/0412016 under Order No 7758323805 which expires on 07/1512017. and Is not for resale. User Notes: (MADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 25 4. 4— demolition). .4 Subtract retainage of five percent( L%) from that portion of the Work that the Construction Manager self-performs; 1 7.1.11 Forms maintained and by the Contract Manager and the Contract Manager's subcontractors will substantially comply with the NC Department of Revenue rules for substantiation of sales tax and will be submitted with each pay application. PAGE 16 1 7.1.12 E -Verify: As a condition of payment under this aizreemenL Contract Manager shall comply with the requirements of N.C.G.S. S 143 -133.3 E- Verify requirements for itself and all of its subcontractors. Violation of this provision, unless timely cured, shall constitute a breach of Contract. .4 Final Payment will exclude amounts withheld for the completion of punch list items which will be paid within 30 days of Architect's certification that all such items have been remediated or completed. PAGE 17 lyge of Insurance or Bond Limit of Liability or Bond Amount 0.00 Commercial General Liabili - Occurrence Form: a. Bodily Iniury and Property Damage (each occurrence $1,000,000 b. Personal & Advertising Iniury $1,000,000 c. General A ate 12"o 000 d. Contractual Liability 1 000 000 e. Products Com leted O erations $2,000,000 f. Excess/Umbrella Liability 4 000 000 Workmen's Compensation and Emnioyees Liability Insurance - Bodily In'u b Accident 500,000 - each accident Disease $500;000 - poljc Iimlt Disease $500,000 - each employee For all subcontractors, the Construction Manager must obtain current Insurancee certificates and maintain certificates from each subcontractor for the duration of ea reement if not longer. The limits of coverage for each subcontractor shall be as follows: Additions and Deletions Report for AIA Document A133*" —2009 (formerly A121 "'CMc — 20031. Copyright C 1581, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA$ Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 12 32.38 on 08/0412018 under Order No 7758323805 which expires on 07/1512017, and Is not for resale User Notes: (389ADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 26 Type, of Insurance or Bond Limit of Liability or Bond Amount 0.00 Commercial General Liabili - Occurrence Form: a. Bodily Iniury and Property Damage (each occurrence $1,000,000 b. Personal & Advertising Iniu $1 L000,000 c. General Aggregate 2 004 000 d. Contractual Liability 1,000,000 e. Products Completed Operations 2 000 000 f. Excess/Umbrella Liabili 000 000 Workmen's Compensation and Employer's Liability Insurance - Bodily Iniury biL Accident $500.000 - each accident Disease $500,000 -1301icy limit Disease $500,000 - each em to e [ I ] Other: (Specify) PAGE 18 Litigation in the North Carolina General Court of Justice PAGE 20 Leza Wainwritlht, CEO Dickie Thompson, Executive Vice President OWNER (Signature) Joy Futrell, VP of Business Operations Printed name and title) Additions and DelaWns Report for AU1 Document A1331" —2009 (formerly A121 TMCNIc —2003). Copyright C 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA,' Document Is protected by U.S. Copyright Law and international Treaties. Unauthorized % reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by ALA software at 12-32 38 on 0610412015 under Order No. 7758323805 which expires on 07/1512017, and Is not for resale User Notes: (3B9ADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 27 Certification of Document's Authenticity AIAO Document D401 nw — 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 12:32:38 on 08/04/2016 under Order No. 7756323805 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA40 Document A 133TM - 2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Title} l (Dated) AlA Document D401 T" — 2003, Copyright 01992 and 2003 by The Amerlcan Institute of Architects. Ali rights reserved. WARNING: This AIAO Document Is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 1232:38 on 08/04/2016 under Order No 7756323805 which expires on 0711512017, and Is not for resale. User Notes: (3139ADA28) Board of Commissioners - December 7, 2020 ITEM: 10- 6 - 28 "o � TM Document B102 2007 Standard Form of Agreement Between Owner and Architect without a Predefined Scope of Architect's Services AGREEMENT made as of the 15th day of June in the year 2016 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) Trillium Health Resources 1708 E. Arlington Blvd. Greenville, NC 27858 -5872 Telephone Number: 1- 866 - 998 -2597 and the Architect: (Name, legal status, address and other information) iS design, p.a. 2I9 N. Boylan Ave., Suite 100 Raleigh, NC 27603 for the following Project: (Name, location and detailed description) A new approximately 60,000 square foot facility on a contiguous site to house operations for a substance use recovery center for homeless men in Wilmington, North Carolina. It is anticipated to be comprised of five buildings gathered around a central courtyard. The facility space program includes a shelter, housing for clients, dining operations, a non- medical detox unit, educational facilities, program facilities, administrative operations, and other support services. All buildings to be single story. The Owner and Architect agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Init ""' " _uftteni o, uz •- - zuu> iTormerly 8141 TM -1997 Part 1). Copyright O 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law an,! International Treaties. Unauthorized reproduction or distribution of this AIA'- Document, or any portion of it, may result In severe civil and criminal l penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:25:00 on 06/28/2016 under Order No. 0390151026 which expires on 06/15/2017, and is not for resale. User Notes: Board of Commissioners - December 7, 2020 (389ADA10) ITEM: 10- 7 - 1 TABLE OF ARTICLES 1 ARCHITECT'S RESPONSIBILITIES 2 OWNER'S RESPONSIBILITIES 3 COPYRIGHTS AND LICENSES 4 CLAIMS AND DISPUTES 5 TERMINATION OR SUSPENSION 6 COMPENSATION 7 MISCELLANEOUS PROVISIONS 8 SPECIAL TERMS AND CONDITIONS 9 SCOPE OF THE AGREEMENT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES § 11 The Architect shall provide the following professional services: (Describe the scope of the Architect's services or identify an exhibit or scope of services document setting forth the Architect's services and incorporated into this document in Section 9.2) See Exhibit A § 1.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 1.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 1.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 1.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost: (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.) .1 General Liability $2,000,000 Each Occurrence .2 Automobile Liability $2,000,000 .3 Workers' Compensation $1,000,000 Init. AJA Document B102TM — 2007 (formerly B1411"— 1997 Part 1). Copyright* 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA1 Document is protected by U.S. Copyright Law and 2 International Treaties. Unauthorized reproduction or distribution of this AIA� Document, or any portion of it, may result in severe civil and criminal 1 penalties, and will be prosecuted to the maximum extent possible un:' •he law. This document was roduced by AIA software at 17:25:00 on 06/28/2016 under Order No. 0390151026 which expires on 06 /1IWftt7J efdQ;o@mMissgeip.ers - December 7, 2020 User Notes: ITEM: 10- 7 - 2 (389ADA10) .4 Professional Liability $2,000,000 Prer Claim; $2,000,000 Aggregate ARTICLE 2 OWNER'S RESPONSIBILITIES § 2.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. (See Footnote (1) of Exhibit B) § 2.2 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 2.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of consulting services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 2.4 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 2.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. ARTICLE 3 COPYRIGHTS AND LICENSES § 3.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 3.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 3.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Sections 5.3 and 5.4, the license granted in this Section 3.3 shall terminate. § 3.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes tnit .+., +wumenc oiuc - - xuur trormeny 8141 TM -1997 Part 1I. Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'- Document, or any portion of It, may result in severe civil and criminal 3 / penalties, and will be prosecuted to the maximum extent possible under the la:c,. This document was produced by AIA software at 17:25:00 on 06/28/2016 under Order No. 0390151026 which expires on 06/15/2017, and is not for resale. User Notes: Board of Commissioners - December 7, 2020 ITEM: 10- 7 - 3 369ApA10) of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 3.3.1. § 3.4 Except for the licenses granted in this Article 3, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 4 CLAIMS AND DISPUTES § 4.1 GENERAL § 4.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 4.1.1. § 4.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201 -2007, General Conditions of the Contract for Construction, if applicable. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 4.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 5.7. § 4.2 MEDIATION § 4.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 4.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this Section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 4.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 4.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 4.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) Arbitration pursuant to Section 4.3 of this Agreement Init AIA Document 13102TM — 2007 (formerly 81417" —1997 Part 1). Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this .AIAT Document, or any portion of it, may result i n s evere civil and criminal 4 / penalties, and will be prosecuted to the maximum extent possible un-' the law. This document was produced by AIA software at 17:25:00 on 06/28/2016 under Order No. 0390151026 which expires on 06/160QM atd@DTR1Missi®IBers - December 7, 2020 User Notes: ITEM: 10- 7 - 4 (369ADA10) [ X ] Litigation in a court of competent jurisdiction [ ] Other (Specify) § 4.3 ARBITRATION § 4.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 4.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 4.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 4.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 4.3.4 CONSOLIDATION OR JOINDER § 4.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 4.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 4.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 4.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. ARTICLE 5 TERMINATION OR SUSPENSION § 5.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 5.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the lnit AIA Document B102TM — 2007 (formerly B141'" —1997 Part 1). Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAa Document is protected by U.S. Copyright Law and $ International Treaties. Unauthorized reproduction or distribution of this AIA, Document, or any portion of it, may result in severe civil and criminal / penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:25:00 on 06/28/2016 under Order No. 0390151026 which expires on 06 /1IN10iftl vfd3oMripls leers - December 7, 2020 User Notes: ITEM: 10- 7 - 5 (389ADA10) interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 5.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 5.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 5.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 5.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 5.7. § 5.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated.. § 5.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 3 and Section 6.3. ARTICLE 6 COMPENSATION § 6.1 The Owner shall compensate the Architect for services described in Section 1.1 as set forth below, or in the attached exhibit or scope document incorporated into this Agreement in Section 9.2. (Insert amount of, or basis for, compensation or indicate the exhibit or scope document in which compensation is provided for.) See Exhibit B § 6.2 COMPENSATION FOR REIMBURSABLE EXPENSES § 6.2.1 Reimbursable Expenses are in addition to compensation for the Architect's professional services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out -of -town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, models, mock -ups, professional photography, and presentation materials requested by the Owner; .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project- related expenditures. § 6.2.2 For Reimbursable Expenses, the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus an administrative fee of ten percent ( 10 %) of the expenses incurred. § 6.3 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Owner terminates the Architect for its convenience under Section 5.5, or the Architect terminates this Agreement under Section 5.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes of the Project as follows: knit AIA Document B102T1' — 2007 (formerly 8141 TM —1997 Part 1). Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA'= Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA= Document, or any portion of it, may result in severe civil and criminal 6 / penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:25:00 on 06/28/2016 under Order No. 0390151026 which expires on 06/181001'd a11�talO mis6agers - December 7, 2820 User Notes: ITEM: 10- 7 - 6 (369ADA10) § 6.4 PAYMENTS TO THE ARCHITECT § 6.4.1 An initial payment of zero dollars and zero cents ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 6.4.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon) 1 1/2 %per month § 6.4.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 6.4.4 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 4.3. § 7.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201 -2007, General Conditions of the Contract for Construction. § 7.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 7.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 7.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. Init. AIA Document B102TM' - 2007 (formerly B141111-1997 Part 1). Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAz Document is protected by U.S. Copyright Law and 7 International Treaties. Unauthorized reproduction or distribution of this A.IA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum ,. This document was eroduced by AIA software at 17:25:00 on 06128/2016 under Order No. 0390151026 which expires on 0611SWin l aofiGommissioners - December 7, 2820 User Notes: ITEM: 10- 7 - 7 (3B9ADA10) RECEIVED JUN 3 0 2016 § 7.8 If the Architect or Owner receives information specifically designated by the other party as `'confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 8 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: ARTICLE 9 SCOPE OF THE AGREEMENT § 9.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 9.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B102 -2007, Standard Form Agreement Between Owner and Architect .2 AIA Document E201 -2007, Digital Data Protocol Exhibit, if completed, or the following: Not Applicable .3 Other documents: (List other documents, including the Architect's scope of services document, hereby incorporated into the Agreement) a. Scope of Professional Design Services for Healing Transitions - Eastern NC, LLC New Facility Design Wilmington, North Carolina Exhibit A to Owner - Architect Agreement - CM at Risk & Fast -Track Project Delivery Method Project Fees by Pahse for Healing Transitions - Eastern NC, LLC New Facility Design Wilmington, North Carolina Exhibit B to Owner- Architect Agreement This Agreement entered into as of the day and year first written above. OW_ AR HI CT (Si ture) (Si na e Leza Wainwright, CEO Mark land, Principal (Printed name and title) (Printed name and title) (Signature) Joy Futrell, VP of Business Operations (Printed name and title) ]nit AIA Document B1021^ - 2007 (formerly B141 T" -1997 Part 1). Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'- Document, or any portion of it, may result in severe civil and criminal 8 / penalties, and will be prosecuted to the maximum extent possible under the la,. This document was produced by AIA software at 17:25:00 on 06/28/2016 under Order No. 0390151026 which expires on 06/113MM aAQ07A Mils60aers - December 7, 2020 User Notes: ITEM: 10- 7 - 8 (389ADA70) Additions and Deletions Report for � AIA` Document B102 r ° — 2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 17:25:00 on 06/28/2016. PAGE AGREEMENT made as of the 15th day of June in the year 2016 Trillium Health Resources 1708 E. Arlington Blvd. Greenville, NC 27858 -5872 Telephone Number: 1- 866 - 998 -2597 iS design, p.a. 219 N. Boylan Ave.. Suite 100 Raleigh, NC 27603 A new approximately 60,000 square foot facility on a contiguous site to house operations for a substance use recovery center for homeless men in Wilmington North Carolina It is anticipated to be comprised of five buildings gathered around a central courtyard The facility space program includes a shelter, housing for clients dining operations, a non - medical detox unit, educational facilities, program facilities administrative operations and other support services. All buildings to be single story. PAGE 2 See Exhibit A $2,000,000 Each Occurrence $2,000,000 Additions and Deletions Report for AIA Document B102TI – 2007 (formerly B1411– 1997 Part 1). Copyright© 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977; 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of it, may result in severe civil and criminal penalties, and will be prop ;d to the nt ossible under the law. This document was produced by AIA software at 17:25:00 on 06/28/2016 under OrdeBWDdMtg3ownii'wi scrDec- pmb-grad i?QcQor resale. User Notes: ITEM: 10- 7 - 9 (389ADA10) PAGE 3 S 1.000.000 $2,000,000 Prer Claim, $2,000,000 Aggreeate § 2.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. (See Footnote (1) of Exhibit B) PAGE 5 [ X ] Litigation in a court of competent jurisdiction PAGE § 5.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise eempensmed, plus an afneuf ` ` " the ompensated.. See Exhibit B § 6.2.2 For Reimbursable Expenses, the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus an administrative fee of ten percent ( 10 %) of the expenses incurred. PAGE 7 § 6.4.1 An initial payment of zero dollars and zero cents ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 6.4.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid this ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. 1 1/2 % per month PAGE 8 Not Applicable a. Scope of Professional Design Services for Additions and Deletions Report for AIA Document B102 — 2007 (formerly B141Tm —1997 Part 1). Copyright m 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA1, Document is 2 protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAs Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:25:00 on 06/28/2016 under 0rcBp*cP&0CAJA {bp&rp 9s for resale. User Notes: ITEM: 10- 7 - 10 (389ADA10) Healing Transitions - Eastern NC. LLC New Facility Design Wilmington, North Carolina Exhibit A to Owner- Architect Agreement - CM at Risk & Fast -Track Project Delivery Method b. Proiect Fees by Pahse for Healin, Transitions - Eastern NC, LLC New Facility Design Wilmington, North Carolina Exhibit B to Owner- Architect Agreement Leza Wainwright. CEO i\lark Valand. Principal Si natzrre Joy Futrell, VP of Business Operations Additions and Deletions Report for AIA Document 6102TM — 2007 (formerly 6141 TM — 1997 Part 1). Copyright © 1917, 1926, 1948, 1951, 1953. 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is 3 protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:25:00 on 06/28/2016 under Order No. 0390151026 which expires on 06/15/2017, and is not for resale. User Notes: Board of Commissioners - December 7, 2020 (3B9ADA10) ITEM: 10- 7 - 11 (Printed name and title) Additions and Deletions Report for AIA Document 81021 - 2007 (formerly 8141 TM - 1997 Part 1). Copyright © 1917; 1926, 1948, 1951, 1953, 1958, 1961; 1963, 1966, 1967, 1970, 1974, 1977, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA'' Document is 4 protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties. and =rill h,, pros :cufu cd to the rnaximum extent possible under the law. This document was produced by AIA software at 17:25:00 on 06/2812016 under -pni:NLigt for resale. User Notes: ITEM: 10- 7 - 12 (369ADA10) Certification of Document's Authenticity AIA° Document D401 r1.1 —2003 1, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final docume simultaneously with its associated Additions and Deletions Report and this certification at 17:25:00 on 06/28/21 under Order No. 0390151026 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIM® Document B 102TM - 2007, Standard Form of Agreem Between Owner and Architect without a Predefined Scope of Architect's Services, as published by the AIA in i- software, other than those od�tions and deletions shown in the associated Additions and Deletions Report. (Title) (Dated) AIA Document D401' — 2003. Copyright ©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This Ali protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any i may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document AIA software at 17:25:00 on 06/28/2016 under Order No. 0390151026 which expires on 06/15/2017, and is not for resale. User Notes: Board of Commissioners - December 7, 2020 ITEM: 10-7- 13 Scope of Professional Design Services for Healing Transitions - Eastern NC, LLC New Facility Design Wilmington, North Carolina Exhibit A to Owner - Architect Agreement — CM at Risk & Fast -Track Design Project Delivery Method Date — 15 June 2016 Phase 1: Predesign — Predesign, Programming, Site Analysis A. Estimate the project's probable construction cost per square foot compared to similar projects B. Evaluate legal and regulatory considerations such as: 1. Variances required 2. Special permits required C. Review Client's survey and property easements, restrictions, set - backs, heights and parking limits D. List required or optional provisions for phased construction and future additions E. Identify property building line limitations to estimate available ground -level building area F. Verify site zoning or other restrictions on building height and review ambiguities in regulations (if any) G. Provide preliminary building code and fire code search H. Identify facility orientation and limiting site considerations I. Identify building(s) configuration based on functions, occupancies, site limitations, orientation, height, spans, and structural system J. Create Diagrammatic /Conceptual Building Plans based on foregoing information on proposed site for Client approval K. Conduct Concept Site Plan and Due Diligence based on the above Diagrammatic /Conceptual Building Plans to research applicable codes for setbacks, buffers, parking, landscaping, storm water detention, nutrient removal and other code requirements at the State, County, and Local Jurisdictional level. These will be reviewed with the Client prior to refining a Concept Site Plan locating the buildings, parking areas, driveways, detention facilities and site amenities as applicable. L. Re- Zoning (if required) services will be provided on an hourly basis and invoiced accordingly. This activity includes preparing and submitting applications to the appropriate agencies for permits, attending meetings and public hearings, and coordination with the Client, the Client's attorneys, and reviewing agencies. Board of Commissioners - December 7, 2020 ITEM: 10- 7 - 14 II. Phase 2: Schematic Design and Documentation A. Prepare plans and notes to guide consultants' preliminary work B. Reach preliminary agreement with consultants on specific appropriate structural, construction, mechanical, and other building systems C. Create (or obtain) lists of special building equipment and fixtures required by the Client that may affect consultants' work and distribute the lists to the appropriate consultants D. Review architectural schematic diagrams, while in process, with structural, mechanical, electrical, and other consultants E. Confirm that the selected engineering and construction systems are compatible with one another — Coordinate same with Construction Manager at Risk (CMAR) F. Obtain estimates of spatial requirements for appurtenances and engineered systems G. Coordinate engineering schematic building diagrams H. Decide or confirm a structural module with the engineer 1. Plan the disposition of major spaces per the spatial diagrams generated from the program review J. Plan the disposition of minor or sub - departmental spaces within the planned larger spaces and obtain preliminary approvals from the users and /or Client K. Provide CMAR the completed SD documentation for cost estimating L. Provide architectural base sheet schematics and require consultants to perform their scope of work on appropriate CAD layers M. Establish sheet numbering protocols for the project N. Submit completed schematic design documentation (for Client approval) including updated site plans indicating buildings, roads, parking, and walk locations as well as building floor plans indicating all proposed walls, and building elevations indicating materials. Engineering systems (plumbing, mechanical, electrical) will be described with system narratives and /or single line drawings O. Fire protection design (sprinkler) will be included with a systems narrative and riser room locations P. Include preliminary building floor area calculations and other pertinent data such as bed count, room sizes, dining capacity, and meeting room capacity on submittal documents for numerical comparison with program requirements Q. Present the Schematic Design to the Client R. Identify changes in the Schematic Design required by the Client following their review S. Review with the Client and CMAR any anticipated impact on probable construction cost resulting from their requested design changes (if any) T. Review with the Client any contradictions between requested design changes and the original design program or prior client/designer decisions U. Update project design schedule and share with the Client and CMAR III. Phase 3: Design Development Phase A. Update Schematic Design if requested by the Client at the completion of the Board of Commissioners - December 7, 2020 ITEM: 10- 7 - 15 previous phase and obtain approvals accordingly B. Prepare architectural Design Development drawings such as: • Site Plan • Floor Plans • Exterior Elevations • Kitchen Equipment Layout • Roof Plans • Building Sections • Wall Sections • Miscellaneous Design Details C. Develop structural grid or system and prepare structural Design Development drawings such as: • Single line foundation and framing plans D. Confirm that proposed structural system is compatible with proposed mechanical and electrical systems E. Confirm proposed foundation system is compatible with site geotechnical report provided by CMAR F. Develop mechanical system equipment room and roof location needs and sizes G. Select HVAC system type and distribution H. Prepare mechanical Design Development drawings such as: • Single line HVAC distribution drawings • Preliminary plumbing supply and waste layouts • Confirm any chase sizes and locations I. Prepare electrical Design Development drawings such as: • Reflected ceiling lighting plans • Power and switching J. Conduct civil, structural, and architectural coordination meetings K. Prepare site engineering Design Development drawings such as: • Existing Conditions & Demolition Plan • Layout / Staking Plan • Grading & Storm Drainage Plan • Erosion Control Plan • Stormwater & Nutrient Removal Facility Plan • Landscape Plan • Standard Details L. Prepare and compile Outline Specifications for all disciplines M. Coordinate with CMAR for their cost estimate preparation N. Present the Design Development package to the Client O. Identify changes in the Design Development package by the Client following their review P. Review with the Client any anticipated impact on probable construction cost resulting from their requested design changes (if any) Q. Update project design schedule Board of Commissioners - December 7, 2020 ITEM: 10- 7 - 16 IV: Phase 4: Working Drawings — Contract Documents Including Early Perm it/Construction Package(s) A. Prepare construction documents and specifications sufficient to acquire a building permit for each building of the project and, B. Prepare construction documents and specifications of standard content sufficient for permitting and constructing a fast -track package or packages prior to design documentation completion of the overall facility C. Working drawings typically include the following: site plan with legal property description and survey plus additional site plans as required for engineering and landscaping, existing and new conditions, floor plans, roof plan framing plans, exterior and interior elevations, finish /door /window schedules and details, cross sections, wall sections, interior and exterior construction details as well as consultant drawings including structural drawings, schedules, and details; electrical plans and schedules, plumbing plans and schedules, HVAC plans and schedules, and fire protection plans and schedules. D. Confirm that the various selected engineering and construction systems are compatible with one another E. Confirm that consultants are handling the acquisition of approvals for all utility services F. Review the result of the Design Development Estimate of Probable Construction Costs prepared by the CMAR and make any agreed -upon revisions for value engineering cost savings after consulting with the Client and the Design Team G. Determine and note reasons for changes in the design H. Confirm the dates for submittal of all construction documents (drawings, calculations, contracts, specifications, and updates on construction cost estimates, fast -track packages) to the Client I. Identify possible or definite bid alternates and plan content and organization of documents accordingly J. Perform discipline crosschecking of Architectural, Civil, Landscaping, Structural, Plumbing, Mechanical, Electrical, and Fire Protection documents K. Select proposed finishes for each building in the project and present to the Client for approval (maximum of two sets of finishes selected for Client approval. Any additional finish selection will be performed hourly and invoiced accordingly). L. Provide estimated probable time for completion of Working Drawings — Construction Documents and completions for the following: 1. Construction Documents 2, Final Bidding and Negotiation 3. Construction Phase M. Note any extended repercussions from design changes, and review with the Client any extensions of the Scope of Work and any required changes in design service time and cost N. Prepare the final Building Code Summary drawing sheets and supporting Board of Commissioners - December 7, 2020 ITEM: 10- 7 - 17 data for each building O. Prepare Building Permit Applications for each new building and fast -track permit package P. Compile and submit completed drawings and specifications to the Client for final review before permit submittal and final bidding Q. Submit Construction Documents to permitting authorities for their review and Comment R. Make corrections as needed based on Inspections Department review comments and resubmit drawings for second review (if needed) V. Phase 5: Bidding and Negotiation A. Coordinate and compile 100% complete Working Drawings — Contract Documents for distribution to permitting authorities for all permit packages B. Confirm that all necessary permits and approvals from regulatory agencies have been obtained C. Confirm that all necessary permits and approvals from public utilities have been obtained D. Identify the quantity of bid documents to distribute to the CMAR E. Issue clarifications or drawing modifications as needed during bidding of each permit package. Prepare and keep a log of all bid addenda F. Review proposed substitutions according to formal procedures established in the Project Manual front -end G. Notify the CMAR of any and all accepted substitutions prior to the final bid date H. Distribute addenda to the CMAR according to procedures established in the Bid Documents I. When responding to any request for clarification or additional data, send copies of the clarification data as an addendum to the CMAR J. Receive final cost according to procedures required by NC public bidding statutes K. Review the final CMAR Guaranteed Maximum Price with the Client and advise on bid acceptance rejection L. Create a "Confirmation Form" memo to set down in writing all verbal interpretations, instructions, and confirmations between the Architect and the Client regarding final pricing M. Establish a record of consultations with the Client on changes and alternates, with space for notes confirming Client approvals of alternates N. Establish a record of notifications to the CMAR of approved and not approved alternates O. Advise the Client and CMAR of their insurance responsibilities during the Construction Phase P. Obtain performance and labor and material payment bonds from the Board of Commissioners - December 7, 2020 ITEM: 10- 7 - 18 CMAR; review and forward copies of bonds to the Client Q. Obtain the Client's property insurance policy; review and forward copies to the CMAR R. Obtain the CMAR's certificate of insurance; review and forward copies of certificate to the Client S. Review the construction plan and time schedule with the Client and the CMAR for inclusion in the Owner - Contractor Agreement VI. Phase 6: Construction Phase Services A. Attend a Pre - Construction Conference run by the CMAR, with the Client, and major subcontractors to attend in order to review schedule, project requirements, establish on -site meeting schedules, submittal procedures, requests for information, change requests, modifications to contract documents, and change orders. Also review project closeout requirements. B. Review submittals and shop drawings in accordance with the General and Supplementary Conditions of the Contract for Construction describing the relative responsibilities of the CMAR and the Design Team in regard to shop drawings and submittals C. Submit lists to the CMAR of construction items that will require: 1. Shop drawings 2. Product data 3. Product and material samples 4. Color samples D. Acquire and review the list of proposed subcontractors from the CMAR E. Review and approve, or have corrected, the CMAR's Schedule of Values before the first scheduled application for payment F. Confirm the construction start date, estimated days of construction, and the estimated date of substantial completion for each building G. Review and modify as necessary the CMAR's schedule of required shop drawings, samples, and colors H. Review and approve, or have corrected, the CMAR's estimated job construction progress schedule I. Confirm a site visit and job observation schedule based on the CMAR's estimated construction schedule J. Confirm that all CMAR's schedules (shop drawings & submittals, values, job progress, etc.) conform to contract requirements K. Provide twenty four (24) maximum bi- weekly site visits by the Architectural member of the Design Team. Follow -up each site visit with a written Field Report L. Attend each monthly on -site Progress Meeting to be conducted by the CMAR M. Have Design Team consultants attend Progress Meetings and /or visit the site to review work in progress as is appropriate to the work being constructed at the time N. Submit all Project Field Observation Reports to the Client and the CMAR Board of Commissioners - December 7, 2020 ITEM: 10- 7 - 19 O. Provide Field Orders, Modifications to Contract Documents, and Change Orders as required to meet minimal construction standards and for compliance with the construction documents P. Review reports on Owner provided tests required to assure minimal construction standards in compliance with construction documents Q. Distribute test results to the appropriate design firm and consultants, so they can review test results that pertain to their work R. Confirm in writing that the CMAR has responded properly when notified of deficiencies revealed in test results S. Review monthly Applications for Payment from the CMAR and certify based on the following: 1. Field Inspection Reports 2. Previous project schedules 3. Test reports 4. Client observations 5. Consultant observations 6. Retained percentage 7. Potential claims 8. Substitutions 9. Change orders 10. CMAR's Schedule of Values 11. Materials paid for but not installed - storage and insurance T. Notify the CMAR of disapproval or requests for further information to validate any application for payment U. At 50% completion, review the contract sum retainage for possible reduction. If applicable, review the CMAR's Consent of Surety V. Review the Notification of Substantial Completion and the CMAR's list of remaining work to be corrected or finished. Conduct a Design Team field visit of the project to confirm Substantial Completion. The fee for this project assumes that all buildings will be inspected for Substantial Completion on the same site visit. Separate visits, if needed, will be hourly and invoiced accordingly. W. Obtain from the Client written approval of the Certificate of Substantial Completion and written acceptance from the CMAR X. Review a possible reduction to the CMAR's retainage in accordance with the contract documents Y. Have the CMAR submit construction records and documents such as: 1. Certificates of inspection and approvals 2. Project record drawings (marked -up on site) 3. Guarantees and warranties for installed equipment and materials 4. Project maintenance manuals as specified 5. Equipment operating instructions 6. Keying schedule and master keys Z. Confirm that the CMAR has completed all outstanding items from the Board of Commissioners - December 7, 2020 ITEM: 10- 7 - 20 Substantial Completion review and schedule a final field inspection of the project to confirm completion and confirm that cleanup is satisfactory AA. Prepare a final field inspection report listing items still remaining to be repaired and /or completed BB. Deduct the cost of required additional or special inspections from the final payment to the CMAR CC. Coordinate Design Team participation in the final review conducted by the State agency for the non - medical detox suite DD. Review the CMAR's application for final payment and acquire affidavits, receipts, vouchers, releases, and waivers of lean as necessary to verify the Contractor's payments to subcontractors and suppliers EE. Issue a final certificate of payment FF. Send record drawings and related data to the Client GG. Prepare as -built drawings (CAD files) based on changes made to the work during construction and on the Contractor's field record drawing markups. This work is an additional service and, if requested, will be performed hourly and will be invoiced accordingly V11. Contract Exclusions A. Application fees and /or permit fees B. Marketing or presentation graphics beyond the additional service listed for the 3D Computer Model C. Surveying services D. Geotechnical Engineering E. Environmental Engineering F. Traffic Engineering G. Off -site road improvements H. Off -site water and /or sewer extension plans I. Site Lighting Plans (can be provided as an additional service) J. Major revisions to the plans resulting from regulatory reviews K. Owner requested value engineering changes L. Additional plans, details, cost analysis, quantity estimates, or other similar Studies M. As -built drawings or CAD files (can be provided as an additional service) N. Revisions to previously Client- approved plans O. Special systems design such as voice or data communication systems, or security systems P. Site directional or identification signage, or interior signage systems (can be provided as an additional service) Q. Other services not specifically defined or listed in this Scope of Professional Design Services End of Exhibit A Board of Commissioners - December 7, 2020 ITEM: 10- 7 - 21 OWNER (signa e) Leza Wainwright, CEO (�py"� %; (signature) Joy Futrell, VP of Business Operations Mark Valand, Principal Board of Commissioners - December 7, 2020 ITEM: 10- 7 - 22 Project Fees by Phase for New Facility Design Exhibit B to Owner- Architect Agreement Healing Transitions - Eastern NC, LLC Wilmington, North Carolina 15 June 2016 Project Activity A. Basic Services Phase 1: Predesign, Programming, Site Analysis Phase 2: Schematic Design and Documentation Phase 3: Design Development Phase Phase 4: Working Drawings - Contract Documents Phase 5: Bidding and Negotiation Phase 6: Construction Phase Services Total Basic Services B. Additional Services & Allowance Work 1. Printing and Expenses (Allowance) 2. Graphics (Budget) 4. Re- Zoning Services (2) Fee $7,000 $60,900 $209,600 $280,750 $22,250 $159,000 $739,500 (1) $19,500 $9,000 Hourly Budget Footnotes: (1) Fee total is based on reusing and re- siting the CTR I building design from Greenville with modifications to the exterior building finish materials and required structural upgrades for an increased windload. The fee is further based a residential building aesthetic with like roof forms to the Greenville CTR I building. Fee is also based on reusing the Greenville Healing Transitions Building Space Program. (2) Re- zoning services (if requested) will be invoiced hourly. This activity includes preparing and submitting applications to the appropriate agencies for permits, attending meetings and public hearings, and coordination with the Client, Client's attorneys, and reviewing agencies. Notes: (1) Schematic Design includes two (2) modifications to the approval drawings. Changes requested beyond these two (2) or changes to the approved space program will constitute additional services. (2) Significant increases (10 %) in gross project or building square footage over the area listed in this agreement will constitute additional services and will be negotiated accordingly. (3) Value engineering modifications to drawings will be performed as an additional service. (4) Furniture selection services are not included in this agreement. (5) PME & FA Engineering will be provided by Maple Engineering, Raleigh, NC. (6) Site design and Civil Engineering will be provided by The Site Group, Raleigh, NC. (7) Structural Engineering will be provided by Red Engineering & Design, Apex, NC. (8) Sprinkler Design services will be provided by Crawford Sprinkler, Raleigh, NC. (9) Kitchen design consulting services will be provided by MSH Consultant Group, Hillsborough, NC. OWNER, n r tj (Signatur Leza ainwright, CEO a (Signature ) Joy Futrell, VP of Business Operations ARCHIT CT Signature Mark Valand, Principal Board of Commissioners - December 7, 2020 ITEM: 10- 7 - 23 Project Fees by Phase for The Healing New Facility Design Exhibit B to Owner - Architect Agreement Place of New Hanover County Wilmington, North Carolina 20 February 2020 Project Activity Current Fee Revised Fee Change in Fee A. Basic Services Phase 1: Predesign, Programming, Site Analysis $9,250 $9,250 $0 Phase 2: Schematic Design and Documentation $60,900 $60,900 $0 Phase 3: Design Development Phase (6) $209,600 $323,385 $113,785 Phase 4: Working Drawings - Contract Documents (6) $397,500 $508,110 $110,610 Phase 5: Bidding and Negotiation (6) $25,000 $44,200 $19,200 Phase 6: Construction Phase Services (6) $174,600 $204,580 $29,980 Total Basic Services $876,850 $1,150,425 $273,575 B. Additional Services & Allowance Work (7) 1. Printing and Expenses (Allowance) $19,500 $32,000 $12,500 2. Graphics (Budget) $9,000 $9,000 $0 3. Re- design to accomoodate THP revision requests Hourly 4. Re- Zoning & Permitting Services(z) $0 $2,000 $2,000 5. Allowance for Structured Cabling Design Services $0 $10,000 $10,000 Notes & Footnotes: (1) Change in fee is based on reusing and replicating the Residential Building as designed for the Men at this site with gender related modifications. Scope is for 100 male beds and up to 100 female beds (2) Re- zoning services (if requested) will be invoiced hourly. This activity includes preparing and submitting applications to the appropriate agencies for permits, attending meetings and public hearings, and coordination with the Client, Client's attorneys, and reviewing agencies. (3) Schematic Design includes two (2) modifications to the approval drawings. Changes requested beyond these two (2) or changes to the approved space program will constitute additional services. (4) Significant increases (10 %) in gross project or building square footage over the area listed in this agreement will constitute additional services and will be negotiated accordingly. (5) Value engineering modifications to drawings will be performed as an additional service. (6) FF &E services are included in the above fees per AIA Document B253 - 2019 as executed by the Client and the Architect (dated 28 January 2020) (7) Additional services & Allowances fee amounts are budgets only and are not to be construed as not -to- exceed numbers. (8) PME & FA Engineering will be provided by Maple Engineering, Raleigh, NC. (9) Site design and Civil Engineering will be provided by The Site Group, Raleigh, NC. (10) Structural Engineering will be provided by Red Engineering & Design, Apex, NC. (11) Sprinkler Design services will be provided by Crawford Sprinkler, Raleigh, NC. (12) Kitchen design consulting services will be provided by MSH Consultant Group, Hillsborough, NC. OWNER (Signature) Leza Wainwright, CEO (Signature) Joy Futrell, VP of Business Operations ARCHITECT (Signatur Mark Valand, Principal Board of Commissioners - December 7, 2020 ITEM: 10- 8 - 1 AGENDA: December 7, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2021. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health & Safety Strategic Objective(s): Prevent and reduce opioid abuse Fund: The Healing Place Capital Project Expenditure: Decrease Increase Total BA 21 -033 Capital Project Expenditures $ 24,504,731 $ 24,504,731 Total $ - $ 24,504,731 $ 24,504,731 Revenue: Decrease Increase 11 Total BA 21 -033 Installment Loan Proceeds $ 24,504,731 $ 24,257,336 Total $ - $ 24,504, 1 $ 24,504,731 Prior to Total if Actions Actions Today Taken Project Budget $ 971,850 $ 25,476,581 Section 2: Explanation BA 21 -033 increases the Healing Place Capital Project Fund. In February 2018, the Board of Commissioners adopted a capital project ordinance to begin the design of the Healing Place facility. The design is complete and the guaranteed maximum price of construction has been established. The total cost of the project, including design, construction, inspections, permits and FFE (furniture, fixtures and equipment) is $25,229,186. The estimated debt issuance costs are $247,395. Currently, the capital project budget is $971,850, therefore this budget amendment will increase the capital project fund by $24,504,731. After adoption of this budget amendment the capital project budget will be $25,476,581. The funding source for the project is installment loan proceeds. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 21 -033 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Adopted, this 7th day of December, 2020. (SEAL) ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 7, 2020 ITEM: 10- 9 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/7/2020 Regular DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher SUBJECT: Consideration of Resolution Authorizing the Negotiation of an Amendment to an Installment Financing Contract, Directing the Publication of Notice with Respect Thereto and Providing for Certain Other Related Matters Thereto BRIEF SUMMARY: The Board of County Commissioners has approved capital project ordinances and capital improvements, including the construction of The Healing Place facility, construction of the new government center, improvements to stormwater, and various county and school capital equipment. These projects are to be funded through debt proceeds as budgeted and structured as limited obligation bonds. This debt issuance will also refund installment debt that was issued for the construction of the Ogden Fire Station and the Pine Valley Library. The net present value savings over the life of the loan is estimated at $894,661. The County requests that in connection with the above mentioned projects that the County Manager or the Finance Director, with advice from the County Attorney and Bond Counsel, be authorized and directed to proceed and negotiate on behalf of the County the Contract for a principal amount not to exceed $91,000,000, for the financing of the projects. We also request that you direct the Finance Director or her designee to file with the Local Government Commission an application for its approval of the contract and all relevant transactions contemplated. The issuance of this debt instrument requires a public hearing. Staff is proposing that the public hearing to be conducted on January 19, 2021 at 4:00 pm, concerning the Contract, the Deed of Trust, the proposed Project and any other transactions contemplated therein and associated therewith. Staff requests that the Clerk to the Board be directed to cause a notice of the Public Hearing, in the form attached as Exhibit A, to be published once in a qualified newspaper of general circulation within the County no fewer than 10 days prior to the Public Hearing. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 7, 2020 ITEM: 11 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN AMENDMENT TO AN INSTALLMENT FINANCING CONTRACT, DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO WHEREAS, the County of New Hanover, North Carolina (the "County") is a validly existing political subdivision, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina (the "State"); WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina to (1) enter into installment contracts in order to purchase, or finance or refinance the purchase of, real or personal property and to finance or refinance the construction or repair of fixtures or improvements on real property and (2) create a security interest in some or all of the property financed or refinanced to secure repayment of the purchase price; WHEREAS, the County has previously executed and delivered (1) an Installment Financing Contract dated as of June 1, 2010 (the "2010 Contract ") with the New Hanover Financing Corporation (the "Corporation "), the proceeds of which were used to finance the Projects (as defined in the 2010 Contract), including, among other things, the acquisition and renovation of a portion of the County's government center complex (the "Government Center") in 2005 and 2007 and acquisition of the County's judicial building in 2000 and a 5 -story expansion of the judicial building in 2002 (the `Judicial Building "); (2) a Deed of Trust, Security Agreement and Fixture Filing dated as of June 1, 2010 granting a lien on the sites of the Government Center and the Judicial Building, as modified by a Notice of Extension of Deed of Trust to Additional Property dated as of February 1, 2020 extending the lien of the Deed of Trust to the site of the Juvenile Justice Facility (as defined in the Second Contract Amendment) and a Deed of Partial Release dated as of February 1, 2020 releasing the lien on the Government Center from the from the Deed of Trust (collectively, the "Deed of Trust "); (3) Amendment Number One to the Contract dated as of September 1, 2012 (the "First Contract Amendment ") with the Corporation, the proceeds of which were used to refinance the 2003 Projects (as defined in the First Contract Amendment); and (4) Amendment Number Two to the 2010 Contract dated as of February 1, 2020 (the "Second Contract Amendment ") with the Corporation, the proceeds of which were used to finance the 2020A Projects (as defined in the Second Contract Amendment); WHEREAS, the Board hereby determines that it is in the best interest of the County to enter into (1) Amendment Number Three to the 2010 Contract (the "Third Contract Amendment" and collectively with the 2010 Contract, the First Contract Amendment and the Second Contract Amendment, the "Contract") with the Corporation to pay the capital costs of (a) (i) acquisition, construction, and equipping of a 200 -bed long -term addiction treatment center to be located in the County known as the "Healing Place," (ii) acquisition, construction, and equipping of a new government center complex for the County (the "New Government Center "), (iii) construction of stormwater management improvements, and (iv) other miscellaneous capital improvements and the acquisition of certain equipment for both County and school purposes (collectively, the "2021 Projects") and (b) refinancing the County's obligations related to an installment financing contract with Branch Banking & Trust Company dated February 9, 2018 (the "2018 Contract "), and (2) a notice of extension (the "Second Notice of Extension ") extending the lien of the Deed of Trust to the site of the New Government Center; WHEREAS, the County hereby determines that acquiring the 2021 Projects and refinancing the 2018 Contract is essential to the County's proper, efficient and economic operation and to the general health Board of Commissioners - December 7, 2020 ITEM: 11-1 -1 and welfare of its inhabitants; that acquiring the 2021 Projects and refinancing the 2018 Contract will provide an essential use and will permit the County to carry out public functions that it is authorized by law to perform; and that entering into the Third Contract Amendment and the Second Notice of Extension is necessary and expedient for the County by virtue of the findings presented herein; WHEREAS, the County hereby determines that the Third Contract Amendment would allow the County to purchase the 2021 Projects and take title thereto and refinance the 2018 Contract at a favorable interest rate currently available in the financial marketplace and on terms advantageous to the County; WHEREAS, the County hereby determines that the estimated cost of acquiring the 2021 Projects and refinancing the 2018 Contract is an amount not to exceed $91,000,000 and that such cost of the acquisition of the 2021 Projects exceeds the amount that can be prudently raised from currently available appropriations, unappropriated fund balances and non -voted bonds that could be issued by the County in the current fiscal year pursuant to Article V, Section 4 of the Constitution of the State; WHEREAS, although the cost of acquiring the 2021 Projects and refinancing the 2018 Contract pursuant to the Third Contract Amendment is expected to exceed the cost of acquiring the 2021 Projects and refinancing the 2018 Contract pursuant to a bond financing for the same undertaking, the County hereby determines that the cost of acquiring the 2021 Projects and refinancing the 2018 Contract pursuant to the Third Contract Amendment and the Second Notice of Extension and the obligations of the County thereunder are preferable to a general obligation bond financing or revenue bond financing for several reasons, including but not limited to the following: (1) the cost of a special election necessary to approve a general obligation bond financing, as required by the laws of the State, would result in the expenditure of significant funds; (2) the time required for a general obligation bond election would cause an unnecessary delay which would thereby decrease the financial benefits of acquiring, constructing, improving and equipping the 2021 Projects and refinancing the 2018 Contract; and (3) no revenues are produced by the 2021 Projects and insufficient revenues are produced by the projects financed from the proceeds of the 2018 Contract so as to permit a revenue bond financing; WHEREAS, the County has determined and hereby determines that the estimated cost acquiring the 2021 Projects and refinancing the 2018 Contract pursuant to the Third Contract Amendment reasonably compares with an estimate of similar costs under a bond financing for the same undertaking as a result of the findings delineated in the above preambles; WHEREAS, the County does not anticipate a future property tax increase to pay installment payments falling due under the Third Contract Amendment; WHEREAS, the sums to fall due under the Third Contract Amendment will be adequate but not excessive for its proposed purpose; WHEREAS, Parker Poe Adams & Bernstein LLP, as bond counsel ( "Bond Counsel'), will render an opinion to the effect that entering into the Third Contract Amendment, the Second Notice of Extension, and the transactions contemplated thereby are authorized by law; WHEREAS, no deficiency judgment may be rendered against the County in any action for its breach of the Third Contract Amendment, and the taxing power of the County is not and may not be pledged in any way directly or indirectly or contingently to secure any money due under the Third Contract Amendment; WHEREAS, the County is not in default under any of its debt service obligations; Board of Commissioners - December 7, 2020 ITEM: 11-1 -2 WHEREAS, the County's budget process and Annual Budget Ordinance are in compliance with the Local Government Budget and Fiscal Control Act, and external auditors have determined that the County has conformed with generally accepted accounting principles as applied to governmental units in preparing its Annual Budget ordinance; WHEREAS, past audit reports of the County indicate that its debt management and contract obligation payment policies have been carried out in strict compliance with the law, and the County has not been censured by the North Carolina Local Government Commission (the "LGC'), external auditors or any other regulatory agencies in connection with such debt management and contract obligation payment policies; WHEREAS, a public hearing on the Third Contract Amendment after publication of a notice with respect to such public hearing must be held, and approval of the LGC with respect to entering into the Third Contract Amendment and the Second Notice of Extension must be received; and WHEREAS, the County hereby determines that all findings, conclusions and determinations of the County in this Resolution are subject to modification or affirmation after all interested parties have been afforded the opportunity to present their comments at a public hearing regarding the execution and delivery of the Third Contract Amendment, the Second Notice of Extension, the 2021 Projects to be financed thereby, and the 2018 Contract to be refinanced thereby. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AS FOLLOWS: Section 1. Authorization to Negotiate Third Contract Amendment. That the County Manager or the Chief Financial Officer, with advice from the County Attorney and Bond Counsel, are hereby authorized and directed to proceed and negotiate on behalf of the County the Third Contract Amendment for a principal amount not to exceed $91,000,000, to finance the 2021 Projects and refinance the 2018 Contract, to be entered into in accordance with the provisions of Section 160A -20 of the General Statutes of North Carolina and to provide in connection with the Third Contract Amendment, as security for the County's obligations thereunder, the Second Notice of Extension conveying a lien and interest in the site of the New Government Center and the improvements thereon, as may be required by the entity, or its assigns, providing the funds to the County under the Third Contract Amendment. Section 2. Application to LGC. That the Chief Finance Officer or her designee is hereby directed to file with the LGC an application for its approval of the Third Contract Amendment and all relevant transactions contemplated thereby on a form prescribed by the LGC and to state in such application such facts and to attach thereto such exhibits regarding the County and its financial condition as may be required by the LGC. Section 3. Direction to Retain Professionals. That the County Manager and the Chief Finance Officer, with advice from the County Attorney, are hereby authorized and directed to retain the assistance of Parker Poe Adams & Bernstein LLP, Raleigh, North Carolina, as bond counsel, First Tryon Advisors, Charlotte North Carolina, as financial advisor, PNC Capital Markets LLC, Charlotte, North Carolina, as underwriter, and U.S. Bank National Association, as trustee. The County Manager and the Chief Finance Officer are hereby authorized to retain such other professionals as they deem necessary in their judgment to carry out the transaction contemplated in this Resolution. Section 4. Public Hearing. That a public hearing (the "Public Hearing ") shall be conducted by the Board on January 19, 2021 at 4:00 p.m. in the Assembly Room, New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina, concerning the Third Contract Amendment, the Second Board of Commissioners - December 7, 2020 ITEM: 11-1 -3 Notice of Extension, the proposed 2021 Projects, the proposed refinancing of the 2018 Contract, and any other transactions contemplated therein and associated therewith. Section 5. Notice of Public Hearing. That the Clerk to the Board is hereby directed to cause a notice of the Public Hearing, in the form attached hereto as Exhibit A, to be published once in a qualified newspaper of general circulation within the County no fewer than 10 days prior to the Public Hearing. Section 6. Repealer. That all motions, orders, resolutions and parts thereof in conflict herewith are hereby repealed. Section 7. Effective Date. That this Resolution is effective on the date of its adoption. Read, approved and adopted this 7`i' day of December, 2020. Clerk to the Board APPROVED AS TO FORM: County Attorney Chair of the Board of Commissioners Board of Commissioners - December 7, 2020 ITEM: 11-1 -4 EXHIBIT A NOTICE OF PUBLIC HEARING At its December 7, 2020 meeting, the Board of Commissioners (the Board ") of the County of New Hanover, North Carolina (the "County ") adopted a resolution which: 1. Authorized the County to proceed to pay the capital costs of (1) (a) acquisition, construction, and equipping of a 200 -bed long -term addiction treatment center to be located in the County known as the "Healing Place," (b) acquisition, construction, and equipping of a new government center complex for the County (the "New Government Center "), (c) construction of stormwater management improvements, and (d) other miscellaneous capital improvements and the acquisition of certain equipment for both County and school purposes (collectively, the "2021 Projects "), and (2) refinancing the County's obligations related to an installment financing contract with Branch Banking & Trust Company dated February 9, 2018 (the "2018 Contract "), pursuant to an amendment (the "Contract Amendment") to an installment financing contract (the "Contract"), in a principal amount not to exceed $91,000,000 under which the County will make certain installment payments, in order to make the 2021 Projects available to the County and refinance the 2018 Contract; and 2. Authorized the County to proceed to provide, in connection with the Contract Amendment, as grantor, a notice of extension (the "Notice of Extension ") extending the lien created by an existing deed of trust, security agreement and fixture filing (as previously modified, the "Existing Deed of Trust," and together with the Notice of Extension, the "Deed of Trust ") to the real property on which the New Government Center will be located and the improvements thereon. The County will mortgage the New Government Center, along with properties already subject to the lien (collectively, the "Sites "), to create a lien thereon for the benefit of the New Hanover County Financing Corporation, or its assigns, the counterparty under the Contract. The New Government Center will be located at 230 Government Center Drive, Wilmington North Carolina. NOTICE IS HEREBY GIVEN, pursuant to Sections 160A -20 of the General Statutes of North Carolina, that on January 19, 2021 at 4:00 p.m. in the Assembly Room, New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina, a public hearing will be conducted concerning the approval of the execution and delivery of the Contract Amendment and the Notice of Extension, and the County's financing of the 2021 Projects and refinancing of the 2018 Contract. All interested parties are invited to present comments at the public hearing regarding the execution and delivery of the Contract Amendment, the Notice of Extension, and the projects to be financed and refinanced thereby. Published: /s/ KYM CROWELL Clerk to the Board of Commissioners County of New Hanover, North Carolina Board of Commissioners - December 7, 2020 ITEM: 11- 1 - 5 STATE OF NORTH CAROLINA ss: COUNTY OF NEW HANOVER I, Kym Crowell, Clerk to the Board of Commissioners of the County of New Hanover, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN AMENDMENT TO AN INSTALLMENT FINANCING CONTRACT, DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" adopted by the Board of Commissioners of the County of New Hanover, North Carolina, at a meeting held on the 7' day of December, 2020. WITNESS my hand and the corporate seal of the County of New Hanover, North Carolina, this the day of December, 2020. KYM CROWELL Clerk to the Board of Commissioners County of New Hanover, North Carolina Board of Commissioners - December 7, 2020 ITEM: 11- 1 - 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/7/2020 Regular DEPARTMENT: Governing Body PRESENTER(S): Chair CONTACT(S): Kym Crowell, Clerk to the Board SUBJECT: Committee Appointments BRIEF SUMMARY: Vacancies exist on the following boards and committees: • New Hanover County Adult Care Home Community Advisory Committee • New Hanover County Commission for Women • New Hanover County Nursing Home Community Advisory Committee • New Hanover County Tourism Development Authority RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointments. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Make appointments. COMMISSIONERS' ACTIONS: The following appointments were made. New Hanover County Adult Care Home Community Advisory Committee: Maria Barthen and Shirley Southard were reappointed. New Hanover County Commission for Women: April Scott was appointed. New Hanover County Nursing Home Community Advisory Committee: Kayla W. Johnson and Stephanie Smith were reappointed. New Hanover County Tourism Development Authority: Nicole Jones was reappointed in the Wilmington Hotel less than 150 Owner /Manager category. Daniel Perkins was reappointed in the Wilmington Hotel more than 150 Owner /Manager category. Board of Commissioners - December 7, 2020 ITEM: 12 COMMITTEE APPOINTMENT New Hanover County Adult Care Home Community Advisory Committee Vacancies: Up to 8 Terms: 3 years, expiring 12/31/23 Applicants Eligible For Reappointment Nominations Marla Barthen X Shirley Southard X Attachments: Committee Information Sheet Applications Board of Commissioners - December 7, 2020 ITEM: 12- 1 - 1 NEW HANOVER COUNTY ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE Number of Members: 13 State mandated; May appoint up to 18 (1 member for each permitted facility). The Adult Care Home Administrators may nominate one -third of the members. If possible, one member must be a person involved in the area of intellectual disability. Compensation: None, but may be reimbursed for actual expenses. Term of Office: 1 year term initially; 3 year term thereafter Qualifications: Must be a resident of New Hanover County. No person or immediate family member of a person with a financial interest in a home served by the committee, or employee or governing board member of a home served by the committee, or immediate family member of a resident in a home served by the New Hanover County Adult Care Home Community Advisory Committee may be a member of this committee. Immediate family is defined as mother, father, sister, brother, child, grandmother, and grandfather, as well as in -laws. See Volunteer Job Description for more information. Purpose: The committee supports the spirit of the Adult Care Home Resident's Bill of Rights, visits adult care homes quarterly, promotes the wellbeing of residents and encourages community involvement. Statute establishing Committee: N.C.G.S. 131D-31. Regular Meeting: Quarterly Meetings are held on the first Wednesday of January, April, July, and October at 9:30 a.m. at the Cape Fear Council of Governments, 1480 Harbour Drive, Wilmington, NC. Board of Commissioners - December 7, 2020 ITEM: 12- 1 - 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Marla Barthen Initial 12/16/19 12/31/20 710 Arnold Rd. Wilmington, NC 28412 ` " b I 937 - 243 -7886 (C) \ 1'L/ Shirley T. Fowler Initial 3/24/14 3/31/15 945 Radnor Road First 3/16/2015 3/31/18 Wilmington, NC 28409 Second 3/12/18 3/31/21 910 - 397 -0987 (H) 910 - 620 -7198 (C) Ursula A. Greene Initial 8/12/19 8/31/20 610 Taylor St. First 8/24/20 8/31/23 Wilmington, NC 28401 910- 231 -2727 Helen Hepbron Initial 3/16/15 3/31/16 1313 Legacy Lane First 3/21/2016 3/31/19 Wilmington, NC 28411 Second 3/18/19 3/31/22 910 - 686 -4770 (H) 910 - 233 -8288 (C) Carolyn Jackson Initial 5/21/18 5/31119 610 Varsity Drive First 5/30/2019 5/31/2022 Wilmington, NC 28403 910 - 520 -6083 (C) Board of Commissioners - December 7, 2020 ITEM: 12- 1 - 2 ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE PAGE 2 Board of Commissioners - December 7, 2020 ITEM: 12- 1 - 3 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION L. Thomas Jennings Initial 11/21/05 11/30/06 415 Charlotte Avenue First 12/18/06 12/31/09 Carolina Beach, NC 28428 Second 12/7/09 12/31/12 910 - 458 -2584 (H) 910 - 619 -0762 (C) Third 9/16/13 9/30/16 Fourth 9/19/16 9/30/19 Fifth 9/16/19 9/30/22 Denice Shackelford Initial 12/14/15 12/31/16 114142 nd Street First 12/19/16 12/31/19 Wilmington, NC 28403 Second 12/16/19 12/31/22 910- 386 -2000 (C) Ida R. Smith Initial 12/14/15 12/31/16 2410 Chestnut Street First 12/19/16 12/31/19 Wilmington, NC 28405 Second 12/16/19 12/31/22 910 - 763 -9136 (H) 910 - 520 -6790 (C) Shirley Southard Initial 12/16/19 12/31/20 7725 Market St. Wilmington, NC 28411 on an S a l---- 910 - 686 -2449 (H) 910 - 815 -6175 (W) Islah Speller Initial 5/18/20 3/31/21 410 N. 7d' Street Wilmington, NC 28401 910 - 795 -8597 (C) 910 - 715 -1029 COG Long Term Care Ombudsman: File: Adult Kandace Lego Revised: 10/2020 Cape Fear Council of Governments 1480 Harbour Drive, Wilmington, NC 28403 910- 395 -4553 Board of Commissioners - December 7, 2020 ITEM: 12- 1 - 3 NEW HANOVER COUNTY> BOARD OF COMMISSIONERS - 230 Government Center Drive, Suite 175 ^Y' imington, NC 28403 COMMITTEE APPLICATION - Telephone (910) 798 -7149 FAX (910) 798 -7145 Board/Committee: INew Hanover County Adult Care Home Community Advisory Committee Name: IMarla Barthen E -Mail: Marlacrisp@yahoo.com Home Address: 1710 Arnold Rd, Wilmington, NC 28412 Q Mailing Address if dif Brent: (City) (ZQ Code) Home Phone: 937.243 -7886 1 Fax: Cell: 937 - 243 -7886 1 Business: Years living in New Hanover County: Male: Female: ✓ Race Caucasion Age_ 48 (information for the purpose of assuring a cross- section of the communly) Do you have a family member employed by New Hanover County? If yes, name Employer: (sen- empioyea A person currency employed by the agency or department for which trs apiplicafon is made, must resign hi-Ow position with New Hanover County upon appointment, in accordance with Artide Vl, Sec. 4 of the New Hanover Courtly Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: 113oard Certified Patient Advocate, RN Professional Activities: Volunteer Activities: Advisor for the Help Hub at the Harrelson Center, You Can Vote, INC ERA Why do you wish to serve on this board/committee? Being an independent advocate allows me to give a voice to patients/residents needs and rights without employment conflicts of interest Confikt of Mlerast: t aboard member believes hevshe has a cordtict or potential connfct of interest on a pantcular issue, that member should state this belief to the other members of tradiar respective board during a public meeting. The member should state the nature of the conttict detailing that he/she has a separate . private, or monetary interest, either direct or indirect, in the issue under consideration. The member should then excuse himseKAmself from voting on the matter What areas of concern would you like to see addressed by this committee? I Respect of resident's rights; 1consistent, safe and competent care; elevating quality among our county elder care service Qualifications for serving: See attachment Other municipal or county boards/committees on which you are serving: jappiying for New Hanover County Nursing Home Advisory Committee List three local personal references and phone numbers:'%C -%�E� 1 lRob Zapple, New Hanover County Commissioner 910- 798 -7306 2 . ISonja McFarland, Director of Help Hub at the Harrelson Center 910 -769 -5357 B O G 94 F r 3 Kerri Andrews, RN 910 - 470 -0960 Date: 30 / 9 Signature Appacations are kept on file for 18 months l understand that any board or committee appointee may be removed Please use reverse side for additional comments without cause by a majority of County Commissioners. Board of Commissioners - December 7, 2020 ITEM: 12- 1 - 4 Dear New Hanover County Commissioners, I am applying for both the New Hanover County Adult Care Home Communities and the Nursing Home Advisory Committees. 1 am a Registered Nurse with 27 years of experience in varied inpatient and community settings. Healthcare education has been a major focus in my career. I wrote a nurse aide training program for the state of Ohio, became a state evaluator and operated my own testing site, and continued to teach for career and technical programs as well as adult education. I have a deep understanding of the training and competency needed to deliver safe and appropriate care. I also have first -hand experience with the obstacles to delivering quality care and can be supportive to staff and administration as they work toward positive changes. My passion is advocating for resident's rights and improving the quality of life for our seniors. I earned my national board certification in patient advocacy this spring. I have decided my next career step is to work with patients and families as they navigate the complexities of healthcare and the challenges of aging. 1 have the depth and breadth in the healthcare landscape to provide the individualized and focused care that many elders are needing. I see value in serving on the advisory committees to better understand our community and elevate the standard of care for our seniors. I believe that I bring many strengths to the committees and I am ready to make a personal investment to better our county. Thank you for your consideration, Marta Barthen, RN, BCPA Board of Commissioners - December 7, 2020 ITEM: 12- 1 - 5 avHrcu yr tovmlmiaaivfvr_ma 230 Government Center Drive, Suite 175 1 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798 -7145 Board/Committee: ADULT CARE CDOMMITTEE ADVISORY Name: SHIRLEY SOUTHARD E- Maii:shocky84 @yahoo.com Home Address: 7725 MARKET STREET WILMINGTON NC 28411 (Street) (Zip o Mailing Address if different. SAME Home Phone: (910) 686 -2449 (City) (Z#) Code) Fax. Cell: Business: 815-6175 Years living in New Hanover County 45 Male: Female: ✓ Racer' Age: (Information for the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? If yes, name NO Employer. A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation :MENTAL HEALTH THERAPIST Professional Activities: COUNSELING, CONSULTATION AND SUPERVISION Volunteer Activities: FRUIT MINSITRIES Why do you wish to serve on this board/committee? NEW HANOVER COUNTY HAS SEEN AN INCREASE FOR ADULT CARE SERVICES Conflict of Interest: ff aboard member believes he /she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he /she has a separate, private, or monetary interest, either director indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter. What areas of concern would you like to see addressed by this committee? INCREASING AVAILABILITY OF SEEVVICES Qualifications for serving: ME CAREER AND EXPERIENCE HAS ENLIGHTEN ME OF THE NEED FOR MORE SERVICES Other municipal or county boardslcommittees on which you are serving: NONE j g List three local personal references and phone numbers: 1. TIM GUNN (919) 489 -4618 2 . ROSE V A N N (910) 398 -4440 B O C OFF, 3. TAMMY MCDONALD (910) 833 -2559 Date: 04/05/19 `f Signature `'� /f Applications are kept on file for 18 months I understand that Please use reverse side for additional comakwwI of Commigs73 erg -TJi ITEM: 12- 1 - 6 board o /committee appointee may be removed r}prt( of County Commissioners. COMMITTEE APPOINTMENT New Hanover County Commission for Women Vacancy: Terms: Unexpired, expiring 5/31/21 Applicants Eligible For Reappointment Nominations Ashley M. Buchanan Carol Kennedy Vanessa Lacer Suzie McCabe Emily Morgan Sandra Oglesby April Query Anne Russell April Scott Leigh Venters Lauren Vilar Attachments: Committee Information Sheet Applications Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 1 NEW HANOVER COUNTY COMMISSION FOR WOMEN Number of Members: 11 members 1 YWCA Lower Cape Fear CEO or Designee 5 appointed by County Commissioners; 5 appointed by Wilmington City Council Terms: Each member of the Commission shall be appointed to serve a term of three (3) years, or until a successor is appointed; provided however, that on the initial Commission, three (3) of the members shall serve a term of one (1) year; three (3) of the members shall serve a term of two (2) years; four (4) of the members, including the YWCA Lower Cape Fear CEO, or designee, shall serve a term of three (3) years. Members shall serve no more than two (2) full successive terms, unless there is a break of at least one (1) full term between appointments. Regular Meetings: Fourth Wednesday of every month at 4:00 p.m. Statute or cause creating Board: BOCC bylaws adopted August 12, 2019. Brief on the functions: The Commission shall be organized for the purpose of acting as an advocate for women and a resource of information on the status of women in New Hanover County for the New Hanover County Board of Commissioners (Board) and Wilmington City Council (Council): • To identify the status of women and assess the needs of women in New Hanover County (County) and the City of Wilmington (City); • To provide a status of women in New Hanover County report on an annual basis to the Board and Council; • To provide information and recommendations to the Board and Council on the needs and issues important to women as it deems necessary in improving and upholding the opportunities in employment, education and community services for all people, regardless of sex; • To work toward the betterment of the status of women with respect to employment and educational opportunities, health services, child care services, welfare services, financial services, and community leadership opportunities; • To serve as an umbrella to coordinate and support all women's initiatives, organizations, and networks in the County and the City including coordinating and cooperating with the YWCA and other organizations involved in activities on the status of women; and • To conduct educational seminars in collaboration with other organizations for residents and businesses in the County and the City. I TERM OF OFFICE CURRENT MEMBERS I APPOINTMENT I EXPIRATION Meaghan Lewis 215 Kenwood Ave. Unexpired 11/16/20 5/31/23 Wilmington, NC 28405 910 - 607 -2417 (C) Sheila Evans 818 Bradshaw Terrace First 10/21/19 5/31/23 Wilmington, NC 28409 910 - 233 -5480 (C) Bhairavi Jeganathan 2153 Fowler Street First 10/21/19 5/31/23 Wilmington, NC 28403 443 - 424 -2472 (C) Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 2 NEW HANOVER COUNTY COMMISSION FOR WOMEN CONT. Dr. Stephanie R. Johnson 908 Hazel Bill Court First 10/21/19 5/31/21 Wilmington, N( C r P ) 409 504 - 473 -1082 0 A P —V )( <- " �J Natosha Tew 5128 Greenville Loop Road, Apt. C Wilmington, NC 28409 910 - 777 -1444 (C); 910 - 765 -7458 Jane Birnbach 233 Racine Dr., Unit 6 Wilmington, NC 28403 910 - 612 -0891 (C) 910 - 763 -4424, ext. 110 First 10/21/19 First 2/18/20 5/31/22 2/18/22 Katherine Kirby 718 Indica Court, Apt. 301 First 5/19/20 5/19/22 Wilmington, NC 28405 252 - 289 -4747 (C) Kimberly Spader 411 S. 181' St. First 3/17/20 3/17/21 Wilmington, NC 28403 910 - 585 -5223 (H) Bridget Tarrant 111 South 9t' St. First 2/18/20 2/18/22 Wilmington, NC 28401 708 - 917 -1148 (C) Kathryn C. Wandling 916 Arboretum Dr. First 3/17/20 3/17/21 Wilmington, NC 28405 910 - 508 -8209 (C) YWCA Lower Cape Fear CEO or Designee: Velva Jenkins, CEO 910 - 799 -6820 First 10/21/19 10/31/22 Ex. Officio Member: Representative of the North Carolina Council for TBD TBD Women TBD Staff liaison: Linda Thompson Chief Diversity and Equity Officer 230 Government Center Dr., Suite 120 Wilmington, NC 28403 Revised 11/2020 910- 798 -7414 Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 3 ro Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Ashley Maria Buchanan < application @webformsnhcgov.com> Sent: Friday, November 20, 2020 4:41 PM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Commission for Women Board or Committee being applied to: New Hanover County Commission for Women Name Ashley Maria Buchanan Email Abuchanan614(cD_gmail.com Home Address 422 S 5th Ave #1 Wilmington, North Carolina 28401 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (336) 504 -9010 Years living in New Hanover County 9 Personal information collected below is to assure a cross - section of the community is represented. Gender Female Race white Age 29 Do you have a family member employed by New Hanover County? No Applicant's Employer Gina Allison of Carolina Beads and Gemstones Occupation Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 4 Store Manager Professional Activities I am responsible for all aspects of running and maintaining a brick and mortar retail store inside the Cotton Exchange. This includes maintaining inventory, payroll, marketing, and merchandising. I also create and design items for the store. I also have started my own small jewelry design business, and I am an artist who has shown work in several local galleries. Why do you wish to serve on this board or committee? I feel as though I have a grasp on the perspectives and experiences of young, working -class women in New Hanover County. I understand many needs and concerns from a perspective that is often not represented in local governments. I have a bachelor's degree in Sociology from the University of North Carolina - Wilmington, and I understand the importance of representation, but also the significance of this board. What areas of concern would you like to see addressed by this committee? Safety for women, both publically and domestically, in New Hanover County is an ongoing issue that needs constant attention. I would also love to see women in New Hanover County at the forefront of environmental groups, more women -led small businesses arising from the ashes of the pandemic, and a focus on women in the arts. Qualifications for serving: I am a highly organized woman who has managed a small, local business for the last five years. I have two bachelor's degrees from UNCW in Sociology and Studio art. I have compassion for others and a keen interest in getting involved in local government and politics. Other municipal or county boards /committees on which you are serving: None. List three local personal references and phone numbers: Reference 1 Clayton Hamerski Reference 1 Phone (910) 352 -7991 Reference 2 Scott Sullivan Reference 2 Phone (910) 470 -1322 Reference 3 Janice O'Leary Reference 3 Phone (919) 824 -0215 Date 11/20/2020 Consent V I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. VED Nov 2 0 2024 90C OFF. Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 5 Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Carol Kennedy < application @webformsnhcgov.com> Sent: Thursday, August 27, 2020 1:39 PM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Commission for Women Attachments: Carol -J- Kennedy - Wilmington- NC.doc Board or Committee being applied to: New Hanover County Commission for Women Name Carol Kennedy Email cjk28403CaD.gmail.com Home Address 1201 Porches Drive Wilmington, North Carolina 28409 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (315) 430 -4621 Cell Phone (315) 430 -4621 Years living in New Hanover County 5 Personal information collected below is to assure a cross - section of the community is represented. Gender Female Race Caucasian Age 60 Do you have a family member employed by New Hanover County? No Applicant's Employer 1 Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 6 Retired Occupation Retired Professional Activities Retired sales (pharmaceutical) Marketing (private corporation) Volunteer Activities YWCA Lower Cape Fear, Board President 1/2019- 6/2020 Women's Impact Network of New Hanover County, Membership Chair 2026 -2019 Girl's Leadership Academy, Volunteer coordinator 2015 -2016 Sterling Place HOA President 2016 -2018 AARP, Voter information and 50 +advocate New Hanover County Arboretum, events Opera Wilmington, events PTO President, Oneida, NY Girl Scout Troop leader Why do you wish to serve on this board or committee? As a mother of two daughters who are professional working women, I feel it is my duty to speak as a voice for all women, young and old, regardless of race, religion, or other individual orientations. I am passionate about women being able to earn a living wage to support their families, having been in a life situation where I had to provide for a family of five while experiencing workplace discrimination and sexual harassment. I have seen firsthand in my career the issues of women and healthcare access through my office calls on primary care and OB /GYN offices; even in my own life, I have had times of no health insurance coverage for maternity care as well as having to pay the exorbitant cost of COBRA coverage. I have also been a single mother on food stamps and WIC, so I know how demeaning it is to feel low self- esteem, less fortunate, and victimized. I grew up in Philadelphia in a lower -class neighborhood and have seen friends and family alike struggle in hard economic times. I can be a strong voice for advocacy and change. Bringing data and like -minds together to address and solve these problems can be done with collaboration and communication. I would be honored to be a part of this committee and help bring about positive change for women. What areas of concern would you like to see addressed by this committee? — Cross- collaboration between organizations to promote the training and employment of women. Example: YWCA New Choices, Step -Up Wilmington, and others, to find ways to effectively and efficiently utilize available resources and advocate for living wages for women. — Cross- collaboration between women's healthcare providers: Planned Parenthood, Cape Fear Clinic, MedNorth, etc. to provide expanded and shared resources to address maternity, birth control, breast health, and other issues that are directly impacting women. and disproportionately. women of color. — Address the human trafficking in our county through direct collaboration between law enforcement and organizations such as A Safe Place that work on this issue. Increased child care funding so that women can work outside of the home in a meaningful job while knowing their children and well cared for. Qualifications for serving: My previous career as a pharmaceutical sales representative made me very familiar with health issues specifically impacting women, and I can speak to many issues therein. I know the importance of providing facts and statistics when presenting an issue and a solution to support and advocate for change. In five years of living in Wilmington, I have been fortunate to know several community leaders and elected officials, whom I can call upon when a concern is raised among my friends and associates. Clear and effective, and dedicated communication is what I am known for, and I have done numerous presentations to any number of audiences, both community, and business. Volunteering at the YWCA, GLOW, Foodbank, and hearing numerous presentations from non - profits has made me keenly aware of our county's needs. Other municipal or county boards /committees on which you are serving: None List three local personal references and phone numbers: Reference 1 Velva Jenkins Reference 1 Phone 2 Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 7 (910) 523 -0531 Reference 2 Jenny Callison Reference 2 Phone (910) 599 -0891 Reference 3 Deloris Rhodes Reference 3 Phone (910) 256 -0281 Additional comments: Thank you for the opportunity to apply for this seat on the New Hanover County Commission for Women. I welcome further inquiries. Upload additional information. • Carol -J- Kennedy - Wilmington- NC.doc Date 08/27/2020 Consent '-'I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. B 0 C OFF . Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 8 CAROL T. KENNEDY 1201 Porches Drive • Wilmington, NC 28409 (315) 430 -4621 • cjk28403 @gmail.com SALES AND MARKETING EXPERIENCE Oneida Public Library, Capital Campaign Coordinator • Completed one -year contract for $6 million project • Research grants and write letters of introduction, add PayPal account • Plan events: Storybook Tea Party, OPL BBQ, Drive for Five • Manage invitations, tickets, advertising, press releases, organized volunteers • Create and publish calendar for fundraiser and public awareness for $6 million campaign • Team with local Boy Scouts and ARC for recyclable collection and Spring cleaning • Design and distribute OPL totes, buttons, bumper stickers CNY Fertility Center, Practice Development /Outreach Coordinator Syracuse, NY Oneida, NY Oct. '13- Oct.'14 • Planned and implemented marketing strategies, special events, promotional pieces Jan. '11 — Nov. '12 • Established relationships with OB /GYN offices through sponsorships, educational lectures, etc. • Initiated contact with PRIDE Associations, Parenthood for Me, Chambers of Commerce • Worked collaboratively; recruited and trained team; managed budget, solved problems, multi- tasked to achieve goals Results: Increased overall referrals in 2011 by 41 %; new client consults increased 56% first quarter 2012 vs. 2011 Top 20% of referring providers increased referrals by 85 % in 2011 Columbia Labs /Watson, Sales Representative • Successfully marketed to OB /GYN and IVF centers • Organized events: Grand Rounds, preceptorship, educational dinners, and speaker presentations • Responsible for growth in key NY State accounts as well as development of new prospects • Results: Grew market share 57% first quarter 2009 and continued to exceed goal by 162% Schering- Plough, Sales Representative • Marketed to primary care and specialty physicians Planned and conducted educational programs within the Syracuse area Results: Vytorin 114.36 %, Zetia 109.07 %, Levitra 98.41%, Clarinex 113.5% Novartis, Senior Sales Consultant • Marketed to primary care and specialty physicians • Planned all aspects of numerous events, presentations, and daily meetings • Called on OB /GYN, Urology, neurology, geriatrics, endocrinology Albany - Buffalo, NY Aug. '09 —Jan. '11 Syracuse, NY Dec. '07 — Aug. `09 Syracuse, NY Apr. '99 —June '07 • gastroenterology, dermatology, podiatry, cardiology, rheumatology • Results: Named company MVP, 2004 and 2006 for ranking top 10% in Region; grew market share over 300 %. Grew product share at 200% above national average, consistently exceeded goals COMMUNITY VOLUNTEER • YWCA Lower Cape Fear, Board President 2019 -2020 Wilmington, NC • Girls' Leadership Academy, volunteer Coordinator Wilmington, NC • Women's Impact Network of New Hanover County, Membership Chair Wilmington, NC • AARP, Advocate, tax center, voter information Wilmington, NC • Cape Fear Clinic, marketing, donor mgt. Wilmington, NC • Opera Wilmington, events Wilmington, NC • New Hanover County Arboretum, events Wilmington, NC • Wanderer's Rest Humane Associatio%oard of Commissioners - December 7, 2020 Canastota, NY o Researched and wrote grants ITEM: 12- 2 - 9 CAROL T. KENNEDY 1201 Porches Drive • Wilmington, NC 28409 (315) 430 -4621 • cjk28403 @gmail.com o Provided instruction on Logic Model building, Volunteer Training, Grant Writing Karing Kitchen Soup Kitchen Oneida, NY • Created the " Karing Cookbook" which has raised over $10,500 for kitchen renovations • Solicited advertising, collected 440 recipes from area chefs, sold at markets county-wide Oneida Healthcare Center Oneida, NY • Board member for Fit Kids program in collaboration with YMCA • Researched grant opportunities based on program criteria and participant demographics • Winter Gala committee member 2013, 2014 Events: • Lemoyne 5K Walk /Run • Parenthood for Me gala • Corporate Gift Baskets • Ronald McDonald House Celebrity Fashion • Dunk and Bright Health Fair Show • Rome Memorial Hospital Health Fair • Syracuse Chamber of Commerce: "Business Before Hours" • Buffalo Chamber of Commerce: Presentation • Sponsorships with LGBT, PRIDE Parades ADDITIONAL TRAINING • MDA Lock Up • 2012 Zoo Day Client Appreciation Event: 5,000 attendees • New York Women's Expo, Albany Member: Oneida Rotary 2013- Present Member: Association of Fund - Raising Professionals 2013 -2014 Member: American Grant Writer's Association 2013 -2014 Census Data Workshop- Syracuse Community Geography Maximizing Website Fund Raising- Association of Fund - Raising Professionals Advanced Grant Writing -CNY Community Foundation Tapping into Corporate Philanthropy -CNY Community Foundation Donor Visits- Association of Fund - Raising Professionals Major Gift Campaigns- Association of Fundraising Professionals 12 Mistakes of Major Gift Campaigns and How to Avoid Them Grant Seeking Basics - Nonprofit Works Ongoing Network for Good webinars Utilizing Census Data CNY Consolidated Funding Advanced Grant Writing Event Planning DISC Communication Styles Leadership Without Authority Executive Presentation Skills Dimensional Sales Building Psychology of Selling Seven Habits of Highly Effective People UCATION • Ursinus College, Bachelor of Arts in English, Minor in Communications Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 10 Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Vanessa Lacer < application @webformsnhcgov.com> Sent: Thursday, October 1, 2020 12:46 PM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Commission for Women Board or Committee being applied to: New Hanover County Commission for Women Name Vanessa Lacer Email vanessa.lacer.nc(aDamail.com Home Address 1812 Grace St Wilmington, North Carolina 28405 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (910) 742 -3103 Years living in New Hanover County 30 Personal information collected below is to assure a cross - section of the community is represented. Gender Female Race White Age 40 Do you have a family member employed by New Hanover County? No Applicant's Employer Cape Fear Public Transportation Authority- Wave Transit Occupation Community Engagement Manager (Mobility Manager) 1 Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 11 Professional Activities Past Board Vice Chair of the dsAbility Resource Center, Past Chair of the Cape Fear Disability Commission, Member of the North Carolina Transportation Association ( NCPTA), Past NCPTA Conference Planning Co- Chair, Co- Founder North Carolina Mobility Options Vision and Education Network (NC MOVE), 2021 class of Leadership Wilmington Volunteer Activities Paws for People, Domestic Violence Shelter and Services, Nourish NC, Habitat for Humanity Why do you wish to serve on this board or committee? I want to serve on the Commission for Women in order to be a part of a framework that lifts, supports, and improves the lives of women in our community. When a women's quality of life and economic circumstances improve, it improves the life of her entire family and has the power to shift generational patterns of poverty and abuse. I have deep roots in this community and a long history of volunteer service. Several of my commitments have just ended and I am looking for a new opportunity to give back some of the support and mentoring I have received over the years, as well as hopefully aid in creating a more equal, supportive, and inclusive community for all our mothers and daughters. What areas of concern would you like to see addressed by this committee? Support for LGBTQ women and girls; support for girls and women with disabilities, support for older adult women, support for Native American girls and women, expanded mentorship, educational, and career support for low- income women and girls; support for mothers (including a focus on breastfeeding); and a strong focus on the inclusion of women's stories into our local history Qualifications for serving: Masters in Public Administration, BS in Public Sociology with a concentration in Gender Inequality and a Minor in Women's Studies. Mother of an LGBTQ daughter. Other municipal or county boards /committees on which you are serving: None (Past Chair of the Cape Fear Disability Commission (joint City/County Commission)) List three local personal references and phone numbers: Reference 1 Rob Zapple, NHC Commissioner Reference 1 Phone (910) 798 -7306 Reference 2 Kitty Yerkes, Donor Relations Director Cape Fear Museum Reference 2 Phone (910) 798 -4370 Reference 3 Sarah Daniels, Executive Director of NHC Disaster Coalition Reference 3 Phone (910) 386 -1702 Additional comments: Thank you for the opportunity to apply! Date 10/01/2020 Consent 2 Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 12 VI understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. 0 C i 01 2020 B 0 C OFF. 3 Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 13 Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Suzie McCabe < application @webformsnhcgov.com> Sent: Thursday, September 10, 2020 12:02 PM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Commission for Women Board or Committee being applied to: New Hanover County Commission for Women Name Suzie McCabe Email suzie.mccabe(cDnhrmc.orq Home Address 1384 Goldengrove Lane Wilmington, North Carolina 28411 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (910) 467 -2094 Cell Phone (910) 515 -5363 Business Phone (910) 667 -3568 Years living in New Hanover County 2 Personal information collected below is to assure a cross - section of the community is represented. Gender Female Race White Age 49 Do you have a family member employed by New Hanover County? No Board of Commissio4ers - December 7, 2020 ITEM: 12- 2 - 14 Applicant's Employer New Hanover Regional Medical Center Occupation Women's & Children's Director Professional Activities ACHE Member Nursing Leadership COVID Operations Leadership Volunteer Activities Habitat House Good Shepard Why do you wish to serve on this board or committee? I relocated from Jacksonville NC after commuting for 5+ years working at New Hanover Regional Medical Center. I previously served as an active board member in Onslow County (County Partnership for Children, Women's Center for Domestic Violence). Former member of the NC State Child Fatality Review Team. Initiated Onslow County's "Young Mom's Connect" and Mom -Talk community blog. Served on the Onslow County Health Department as an educator for Family Services Training. I was able to impact local change serving on the committee to build a local child advocacy center and keep our families local. I have always found purpose in serving /giving back to the community as a voice of support for local and surrounding residents. To influence valuable changes that support members of the communities and to leverage what works well. What areas of concern would you like to see addressed by this committee? Access to the resources that facilitate and enhance autonomous, holistic well- being. A diverse foundation of thought and voice. Qualifications for serving: As outlined above, I have previously enjoyed my service on county boards and within the community. Having just under 30 years of healthcare experiences, I have dedicated more than half my career to serving the best outcomes for both women and children. While I come seasoned, I am eagerly open to possibility. Other municipal or county boards /committees on which you are serving: No current board service. List three local personal references and phone numbers: Reference 1 Christy Spivey Reference 1 Phone (910) 279 -4664 Reference 2 LaKeisha Dixon Reference 2 Phone (910) 632 -4750 Reference 3 Pamela Vest Reference 3 Phone (910) 546 -6566 Date Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 15 09/10/2020 Consent VI understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. SEP 10 2020 BOC OFF Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 16 10/04/2019 16:31 9109624290 UNIVERSITYCOLLEGE NEWHANOVER COUNTY BOARD OF COMM ISSIONERS 2" GOYMtM 8W CeOWOnW, Strata 176 W**VAK "Q ZU03 COMMITTEE APPLICATION Tef4Phone (910) 789-7149 FAX (910) 79&7146 Bowd/Con Wifew Now Hanover County Comitssion for Roan Meow Emily Morgan PAGE 02/02 em.morgaa4426gmail.eam Home ' AdcfrWW.204 S. 15th street Wilmington, 28401 M80109 Addnu 1l dffwvnt Home Phone: lax. =—I x.910- 795 -8669 Bumness. Years living in New Hanover Countjr. 7 Male: Female: ✓ Race: Fite A9w 26 (ArM6vrnason fbr Nis parpota aaaswliaa a croessaatk►n a vie cornnwnAy) Do you hays a famity mw*w employed by Now Hanover Cowify? N M name Ejapbyer IIaiversity of HC - >ir12UtUgt00 A Aa►aoA ourrai0y empby�d by d» saenoy a abr wVdaF a cone'& noatdWArMde1�9n0. sofdnaww /iNaH►Cour�PWSwU►NPaBieY. ww�humon, �p�iOa�tshaldhnwnohnl +Nda�ehn�lym�/aAr � �bap�aoya Occupation: Project Assistant PMf05vJ ns/Ac&ffts: veins Starr 300&te Chair VGW~Acdvf &YWM and newly at*" Why do you wish to serve on this bou0conunNtse9 = an a connector who creates and uses innovative solutions to bring together groups with similar invested interests. ;MME 05"WgwnbarS-08, a bathe haatoasaelapdanMd an aoffftivinusrlrw;— MBw;;;aabrM w&*s1a► mambas of IMarha sea boarf a pvORe aneeebg Tina anrn0e► auodlll aearo Mae mwAs d ft aanaaR diam+lkq aril"w" arareay abAer dhaf orMoFaEt M IAe IMwe under canaiFrkniian 7ft opal" ahpld Wan *=M Ailwaabarael/A+onr VOI g on ow Mw. What areas of sonceM would you No to sae addhmsed by Oils committee? Woman's health (not limited to reproductive and mental health) and improving women leadership. W/ellfl=6'ons for serving: woman, mom of these, campus leader, local activist for woman 'a rights Other nwnfeW or county bvarofs I unittees on whkh you as serving: None at this time, List three local pwvonaf mftnwrcas and phone number&: L Melissa 8'riddle 903 - 448 -5716 l Xristen trice 910 -509 -3499 �( o t r ; � C�iaea a�--�� *cis 9ss —i00 -6991 Daft: 10/04/2019 J�CWA gy�abJe APPIfteffe" an em — 1w eme asp er eaaa�aMMaa mmy ba �eaaer s "f0--9qwn.AY2fiMN~ a/ Oe+rrq� i Plisse use rwwme Wft lrar addld wni ve-1 a --is Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 17 Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Sandra Oglesby < application @webformsnhcgov.com> Sent: Sunday, October 4, 2020 11:46 AM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Commission for Women Board or Committee being applied to: New Hanover County Commission for Women Name Sandra Oglesby Email soglesby01 gmail.com Home Address 1508 Rockhill Rd Castle Hayne., North Carolina 28429 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (910) 675 -8040 Cell Phone (910) 409 -7952 Years living in New Hanover County 20 Personal information collected below is to assure a cross - section of the community is represented. Gender Female Race Black American Age 59 Do you have a family member employed by New Hanover County? No Applicant's Employer New Hanover Regional Medical Center Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 18 Occupation Clinical Coordinator, Registered Nurse Professional Activities Certified Medical Surgical Nurse Member of the Academy of Medical Surgical Nurses Member of North Carolina Nurses Association Member of Sigma Theta Tau Intemational Honor Society of Nursing Member of the American Nurses Association Volunteer Activities Member of The New Hanover County Commission of African American History Member of the New Hanover County NAACP and the current Mother of the Year Past member of the Community Advisory Committee Why do you wish to serve on this board or committee? I am concerned about the well being and state of the women in general as I am a mother of three daughters. New Hanover County as well as other communities should always look for ways and areas of improvement. I would like to be a part of the improvement process as it relates to community health for women and things that affect women. What areas of concern would you like to see addressed by this committee? Women's health Access to healthcare Education and healthcare to underserved communities Conditions and events that negatively affect women and their ability to be a good parent Qualifications for serving: I am a woman who has experienced many obstacles and through perseverance and determination acquired success, in my professional and personal life. Being a mother of four children and a grandmother of four, I have something to offer to those who are struggling with work -life balance and many other things that may affect their ability to be and feel successful in both their personal and professional life. Other municipal or county boards /committees on which you are serving: NHCC on African American History List three local personal references and phone numbers: Reference 1 Beth Iriand Reference 1 Phone (910) 620 -5617 Reference 2 Deborah Maxwell Reference 2 Phone (910) 508 -9414 Reference 3 Donna Sterkagos Reference 3 Phone (910) 632-4395 Date 10/04/2020 2 Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 19 Consent VI understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. 00 0 5 2020 BOC OFF, Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 20 Kianpour, Dahria From: application @webformsnhcgov.com on behalf of April Query < application @webformsnhcgov.com> Sent: Monday, November 9, 2020 2:29 PM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Commission for Women Attachments: Apri ICV.pdf Board or Committee being applied to: New Hanover County Commission for Women Name April Query Email aprilquery(cDgmail.com Home Address 3609 Palm Street Wilmington, North Carolina 28412 United States Mai) It Mailing Address (if different from home address) United States Map It Home Phone (910) 233 -4945 Cell Phone (910) 233 -4945 Years living in New Hanover County 20 Personal information collected below is to assure a cross - section of the community is represented. Gender Female Race White Age 38 Do you have a family member employed by New Hanover County? No Applicant's Employer Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 21 College Foundation, Inc. Occupation Regional & Community Services Manager Professional Activities I am a member of multiple professional organizations, including the North Carolina Association of Financial Aid Administrators (NCASFAA) and the Carolinas Association for Collegiate Registrars and Admissions Officers. I have run statewide scholarship programs as part of these organizations, as well as held a board position in NCASFAA. I am also a very experienced professional speaker, with over 1,500 hours of speaking experience, including many conference presentations. Volunteer Activities Planning Committee Member Lung Cancer Initiative of North Carolina Hope Gala, 2019 Consultant Island Men Scholarship Committee, 2019 ESL Tutor First Presbyterian Church, 2018 Judge Odell and Virginia Williamson Oratory Scholarship Competition, 2014 — 2018 Scholarship Coordinator Port City Ruritan, 2013 -2015 * Awarded three scholarships to local high school seniors totaling $1,500 Past Board Member / Founding Member Port City Ruritan, 2008 — 2015 * Provide service to the community by raising funds and leading cooperative projects Co- Creator Breathe in the Season Fashion Show for Lung Cancer, 2012 Creator Breathe Deep Wilmington Walk for Lung Cancer, 2011 -2012 + Within two years raised $20,000 for lung cancer research Why do you wish to serve on this board or committee? I have resided in Wilmington since 1999, and in that time have seen our city grow and evolve. I graduated from New Hanover High School and have multiple degrees from UNCW. I am currently raising a family here as well and have a true investment in Wilmington and New Hanover County. I have volunteered in many ways and with many non - profit organizations here, but would like to participate in the larger conversation in a more meaningful way. I have a lot to offer in terms of experience, education, and history in Wilmington, and would love to give back through this board. What areas of concern would you like to see addressed by this committee? I don't currently have any concerns, but look forward to discussion with this committee. Qualifications for serving: I have sat on numerous North Carolina based boards, as well as held committee chair positions. My experience is mainly with large non - profit organizations, but also have my Masters in Public Administration from UNCW. I have the educational foundation for this board position, but also experience and a vested interest in Wilmington, New Hanover County, and the women who live here. Other municipal or county boards /committees on which you are serving: None List three local personal references and phone numbers: Reference 1 Kelly Vinson Reference 1 Phone (910) 352 -3017 Reference 2 Erin Payne Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 22 Reference 2 Phone (910) 616 -0427 Reference 3 Lara Landgraf Reference 3 Phone (910) 367 -7290 Upload additional information. • AprilCV.pdf Date 11/09/2020 Consent ';6 understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Nov 0 9 2020 BOC OFF, 3 Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 23 Dr. April M. Query 3609 Palm Street Wilmington, NC 28412 (910) 233 -4945 • aprilquery @gmail.com EDUCATION Ed.D. in Educational Leadership, University of North Carolina Wilmington, May 2017 Formal Concentration: Higher Education Dissertation: How American Indian Students in North Carolina Understand the Financial Aid Process and Pay for Postsecondary Education Research and Teaching Interests: American Indian Studies; Higher Education Finance; Higher Education Administration; Postsecondary Financial Aid College Teaching Certificate, University of North Carolina Wilmington, December 2015 Adult Education; Online Learning; Curriculum Planning in Postsecondary Education MA in Public Administration, University of North Carolina Wilmington, May 2006 Formal Concentration: Nonprofit Management Thesis: Operational and Strategic Planning for the Wilmington Symphony Orchestra BA in Political Science, University of North Carolina Wilmington, December 2003 Minor: Creative Writing PROFESSIONAL EXPERIENCE Regional & Community Services Manager, College Foundation, Inc., 2018 — Present I currently manage nine remote outreach representatives, who are spread across the State of North Carolina. Our team is highly successful and lead non -profit educational outreach efforts in our state. I manage marketing efforts, which include social media, print, and general communications. I manage our content management system. I also develop and conduct training efforts related to our staff and the general public related to planning, applying and paying for college. I represent CFNC through multiple committees that I sit on, as well as attend and present at multiple conference each year on behalf of CFNC and play a large role in new content development. Regional Representative, College Foundation Inc., 2006 — 2018 I worked remotely with CFNC for 13 years, managing our college access initiatives in 18 school districts and partnering with a large number of postsecondary institutions, community organizations and businesses for our outreach efforts. I have recorded over 2,000 hours of public speaking engagements on topics including career planning, college admissions, and financial aid. I am particularly sought after for my ability to explain the complex process of financial aid to parents and community members. I also offer professional development and training sessions to secondary school staff, adult learners, APRIL M QUERY Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 24 and postsecondary institution staff members. I am well- versed on statewide career readiness initiatives, state and federal financial aid, enrollment management, and various issues facing higher education institutions today. PRESENTATIONS (2017 -2019 Selections) Query, A. (2019) Understanding Student Loans and Student Debt. Podcast, SAS, Cary, NC. Query, A. (2019) How to Ensure Your Child Has a Shot at College Even if you 're Not Wealthy. Live television, ABC 11, Raleigh, NC. Query, A. (2018) Don't Miss out on Money for College. Live television, WELT, Wilmington, NC. Query, A. (2018) The Impact of Hurricane Florence on College Application Submissions. Live television, WELT, Wilmington, NC. Query, A. (2018) The Importance of Saving for College. Live television, WELT, Wilmington, NC. Query, A. (2018) Bridging the Gap for Costs of Higher Education. Live television, WECT, Wilmington, NC. Query, A. (2018) Reaching your American Indian and Minority Families. Presented at the NCSEAA Summer Institute, Bladenboro, NC. Query, A. (2018) How American Indian Students Navigate the Financial Aid Process. Presented at the Connecting Communities of Education Stakeholders Conference, Greensboro, NC. Query, A. (2017) How American Indian Students Navigate the Financial Aid Process. Presented at the SOAR Conference, Pembroke, NC. Query, A. (2017) How American Indian Students Navigate the Financial Aid Process. Presented at the North Carolina School Counselor's Conference, Greensboro, NC. Query, A. (2017) Understanding Student Loans. Presented at the Financial Literacy Education Week, Fayetteville, NC. Query, A. (2017) Getting your Seniors through the Financial Aid and Residency Process. Presented at the State Education Assistance Authority's Counselor Conference, Wilmington, NC. Query, A. (2017) Getting your Seniors through the Financial Aid and Residency Process. Presented at the State Education Assistance Authority's Counselor Conference, Pinehurst, NC. APRIL M QUERY Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 25 Query, A. (2017) The Importance of Saving for College. Presented at the University of North Carolina, Wilmington, NC. TEACHING EXPERIENCE Doctoral Teaching Assistant, Academic Culture and Learning 2015-2016 • Redesigning course structure • Assisting in implementation of oral history project • Co- teaching course spring 2016 Practicum in College Teaching Fall 2015 Final course in a series of four to earn a College Teaching Certificate Co- teaching two courses Fall 2015 and Spring 2016 Secondary Teaching, College Foundation of North Carolina 2006 — Present • Teach college and career readiness to grades 6 -12 • Teach adult learners who wish to return to or begin college • Teach parents of secondary students about financial aid options for postsecondary school • Train school counselors on college and career readiness curriculum Instructor, Critical Thinking, University of Phoenix Spring 2009 • Taught independent sections of two different undergraduate courses to first time college students [50 students]. • Established course objectives and communicated with students through an asynchronous learning environment. PROFESSIONAL AFFILIATIONS AND LEADERSHIP Member NC Countdown to College Planning Committee, 2019 -2020 President Cape Fear Alumni Chapter, University of North Carolina Wilmington, 2017 -2019 • Lead Cape Fear Alumni Committee meetings and guide membership efforts • Represent Cape Fear Alumni Chapter at UNCW Alumni board meetings • Represent UNCW at alumni events, speaker Member NCSEAA School Counselor Advisory Council, 2018 -2020 Member UNCW Alumni Scholarship Committee, 2017 -2019 Member North Carolina Residency Committee, 2016 Vice President Cape Fear Alumni Chapter, University of North Carolina Wilmington, 2015 APRIL M QUERY Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 26 • Represent UNCW at Steering Committee meetings • Represent UNCW at alumni events, speaker Member University of North Carolina Wilmington Planning, Budgeting, and Accountability Task Force, 2015 International Internship to London University of North Carolina Wilmington, 2014 • Conduct visits to the elementary and secondary schools in and around London • Meet with school officials to discuss common education issues and brainstorm solutions • Conduct meetings with University of Cambridge to share experiences in the classroom and discuss future partnerships Contributor North Carolina State Education Assistance Authority Pilot, Curriculum Development and Training: 2014 — Present • Partner with NCSEAA to create curriculum for financial aid education for the 12th grade classroom • Train school officials in Duplin County on the curriculum Contributor North Carolina State Education Assistance Authority, Redesign of FAFSA Day, 2015 ■ Participate in meetings with colleagues across the state on ways to redesign FAFSA Day, make it more effective, and boost participation Past Board Member / General Member North Carolina Association of Student Financial Aid Administrators, 2006 — Present Member Carolinas Association of Collegiate Registrars & Admissions Officers, 2006 — Present SERVICE ACTIVITES Planning Committee Member Lung Cancer Initiative of North Carolina Hope Gala, 2019 Consultant Island Men Scholarship Committee, 2019 ESL Tutor First Presbyterian Church, 2018 Judge Odell and Virginia Williamson Oratory Scholarship Competition, 2014 — 2018 Scholarship Coordinator Port City Ruritan, 2013 -2015 ■ Awarded three scholarships to local high school seniors totaling $1,500 Past Board Member / Founding Member Port City Ruritan, 2008 — 2015 ■ Provide service to the community by raising funds and leading cooperative projects Co- Creator Breathe in the Season Fashion Show for Lung Cancer, 2012 APRIL M QUERY Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 27 4 Creator Breathe Deep Wilmington Walk for Lung Cancer, 2011 -2012 ■ Within two years raised $20,000 for lung cancer research AWARDS AND HONORS Awardee Annie Lassiter Scholarship in Education, 2015 -2016 Awardee Kathryn Jason Scholarship, 2014 -2015 APRIL M QUERY Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 28 Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Anne Russell < application @webformsnhcgov.com> Sent: Monday, September 14, 2020 10:15 AM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Commission for Women Board or Committee being applied to: New Hanover County Commission for Women Name Anne Russell Email arusse119(a)ec. rr.com Home Address 602 Bradley Creek Point Wilmington, North Carolina 28403 United States Mai) It Mailing Address (if different from home address) United States Mai) It Home Phone (910) 256 -3457 Years living in New Hanover County 40 Personal information collected below is to assure a cross - section of the community is represented. Gender Female Race W Age 82 Do you have a family member employed by New Hanover County? No Applicant's Employer self Occupation Professor UNCW (retired), Licensed Professional Counselor, (retired), Author /Publisher Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 29 Professional Activities UNCW Osher Lifelong Learning Institute: "The Constructive Role of Dissent" Volunteer Activities NAACP ACT -SO mentor, Author 1898 Commemoration Drama "No More Sorrow To Arise" Coordinator 1898 Memorial sculpture committee Wilmington Tree Commission, City- County Consolidation Commission Why do you wish to serve on this board or committee? I have been an activist on behalf of women and minorities for decades: charter member Atlanta NOW, chaired Hawaii Women's Political Caucus, author Patsy T. Mink: Political Woman What areas of concern would you like to see addressed by this committee? Human trafficking in New Hanover County Self- defense classes in public schools Domestic violence Qualifications for serving: PhD American Studies, Professor of Women's Studies and Communication, taught Race Relations, author Wilmington A Pictorial History Other municipal or county boards /committees on which you are serving: None List three local personal references and phone numbers: Reference 1 Dr. Melton McLaurin Reference 1 Phone (910) 392 -0395 Reference 2 Rhonda Bellamy Reference 2 Phone (910) 343 -0998 Reference 3 Dr. Anne York Reference 3 Phone (402) 216 -7750 Date 09/14/2020 Consent VI understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. REC'Ir -, F..7 + I3 SEP 14 2020 Board of Commissioners - December 7, 2020 B O C O F F ITEM: 12- 2 - 30 Kianpour, Dahria Subject: Application for New Hanover County Commission for Women From: application @webformsnhcgov.com < application @webformsnhcgov.com> Sent: Wednesday, September 02, 2020 5:08 PM To: Crowell, Kym <KCrowell @nhcgov.com >; Kianpour, Dahria <dkianpour @nhcgov.com> Subject: Application for New Hanover County Commission for Women Board or Committee being applied to: New Hanover County Commission for Women Category Name April Scott Email avd1063(cb-qmail.com Home Address 1406 Weimaraner Ct. Wilmington, North Carolina 28411 United States Mai) It Mailing Address (if different from home address) United States Mai) It Home Phone (910) 431 -2512 Cell Phone (910) 431 -2512 Years living in New Hanover County 18 Personal information collected below is to assure a cross - section of the community is represented. Gender Female Race African American Age 45 Do you have a family member employed by New Hanover County? Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 31 No Applicanrs Employer Brunswick Community College Occupation Director, Small Business Center Professional Activities I work with new entrepreneurs in the planning phases of starting a business, business owners that have needs growing and or closing. My overall goal is to help businesses start, grow and thrive. Volunteer Activities I'm currently a board member of a non -profit based in Wilmington called Going Beyond the Pink. We support member of the CF Area that are currently going through cancer treatment. Why do you wish to serve on this board or committee? I have found entrepreneurs are overwhelmed with how to get started, where to go for support, where to get problems resolved, etc. By sitting on this committee, I can not only offer the community of entrepreneurs a voice but as a support person to the county in ensuring entrepreneurs and business owners concerns are addressed. What areas of concern would you like to see addressed by this committee? I'm not sure at this time what exact concerns may need to be address but I do know there is always need for support to business owners or those interested in starting a business. Qualifications for serving: I have lived and worked in the CF Area (New Hanover & Brunswick Counties) for 20+ years in the non - profit and for profit sectors. I feel I have the professional and educational background to support the causes /mission of the business community committee. Other municipal or county boards /committees on which you are serving: None List three local personal references and phone numbers: Reference 1 Velva Jenkins Reference 1 Phone (910) 523 -0531 Reference 2 Damn McNeill Reference 2 Phone (910) 583 -1104 Reference 3 Tammika Brown Reference 3 Phone (910) 612 -1156 Additional comments: Mrs. Velva whom currently serves on this board felt my knowledge, passion and skill sets would be helpful. I believe in giving back to the community in which I live, I believe business owners are the backbone of every community and need all the support Board of Commissiogers - December 7, 2020 ITEM: 12- 2 - 32 they can get. I would be more than glad to share any additional information needed to make a decision on my ask for a seat on this committee. Date 09/02/2020 Consent VI understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. T ,., l + j�o SEP 4.3 2020 6 0 C OFF Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 33 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798 -7145 Board /Committee: Name: Home Addres. 'wL wN t_ f o'"W it a� 1 Mailing Address if different: y j /,, (city) Law, (Zip Code) Home Phon �� _ �1 ax: / W LIb e - 3377Business: Years living in New Hanover County- %�J Male: Female: Race: Age (Infor ion for the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? If yes, name Employer - A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: Professional Activities: �U V Y Vol teer bvities. � C�� oar n Why do you dis to serve on is com m h 6 Conflict of Interest: If a boar member believes he /she has a conflict or potential conflict of interest on a particular issue, that mem9lr should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he /she has a separate, private, or monetary interest either direct or indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter. What areas of concern would you like to see addressed by this committee? 4ZZD��L � 'Qualifications or serving: I—Ym W h"wuj qker mun c od or cou to v o s✓c E J C u List three local personal references and phone numbers: Pav / Lai e-,,- - (4/0 2. 44PA_ n LZ4 ( ak (r b V V tl�� i�t(Z0 Date: '6 U-) I q v� I Signature L JdI Applications a kept on file fof 18 months 1 understand that any 6 and committee appointee maybe without care b m County Commissioners. Please use reverse side for additional comt aig of Commissioners - �ece er ITEM: 12- 2 - 34 9 �v m m al-)44 6x,.,l PEA d I.�r�or cvurk. and ,�. emrvr,�- -f� a.u�e�..� �1/��l� c�^'v 2/'�5 3 in /1 f�J 1�4ndf%LY C4 l�Ur"1 n7 i66 9 UY1 �' 1�J 6Yn�I1 J_r) AT) LkZ�U 6 &WJ &&0 -/D Et?Lcr 4-,1) tvr�'l� c,r� �, ✓a�� 6vs v�lvn-�L�, "W Ityk k- y Id 'gym C0✓ct �m' / 3 fr Boar f D c ber7 0 .�' % wu�% M° tai �.�- � �SY✓�e.Lea� s- ICC�a7� f%i Ls�ncu'N-�n5 (rvl /vl Fumy cAVYC%°AAf /s tYAJ4Iio,ApA h4 Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Lauren Vilar < application @webformsnhcgov.com> Sent: Tuesday, September 22, 2020 10:21 AM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Commission for Women Attachments: Sept- 2020- resume.pdf Board or Committee being applied to: New Hanover County Commission for Women Name Lauren Vilar Email lauren(a_)wilmington- counseling.com Home Address 140 Rogersville Rd. Wilmington, North Carolina 28403 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (919) 604 -1979 Business Phone (910) 210 -6010 Fax (910) 210 -2033 Years living in New Hanover County 8 Personal information collected below_ is to assure a cross - section of the community is represented. Gender Female Race White Age 32 Do you have a family member employed by New Hanover County? 1 Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 36 No Applicant's Employer LMV Counseling Occupation Clinical Social Worker /Business Owner Professional Activities Current: NHC Resiliency Task Force- Healthcare Subcommittee, BCBS NC Provider Advisory Group, Seeds of Healing volunteer, owner of group counseling practice LMV Counseling Why do you wish to serve on this board or committee? My passion for serving and helping women is long standing and I hope to assist in implementing lasting change in our local community. What areas of concern would you like to see addressed by this committee? Access to care, support services for women and children, address disparities faced by women Qualifications for serving: In my professional career I have specialized in assisting women overcome substance use issues and anxiety. I assisted in the creation and launching of the Tides of Wilmington non profit program, serving women with opioid use disorders with wrap around services for the mother -baby dyad. During previous employment I was also part of the Neonatal Abstinence Syndrome Committee with NHRMC. In graduate school, I assisted with breast cancer research and supporting programs that increased support for women and their families. Several years ago, I volunteered with A Safe Place here in Wilmington. My volunteer efforts in the past and professional activities have centered around advocating for women and increasing supports. Other municipal or county boards /committees on which you are serving: None List three local personal references and phone numbers: Reference 1 Mary Wisecup Reference 1 Phone (304) 444 -1808 Reference 2 Jamie Washington Reference 2 Phone (910) 550 -7392 Reference 3 Rebecca Dawson Reference 3 Phone (336) 266 -0247 Upload additional information. • Sept- 2020- resume.pdf Date 09/22/2020 2 Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 37 Consent VI understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. - -T I� SEP Z 2 2uz0 BOC OFF, 3 Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 38 Lauren Vilar, (919) 604 -1979 Page I of 2 LAUREN MOSER VILAR, MSW, LCSW, LCAS (919) 604 -1979 • lauren(&wilmington- counseling com LICENSURE: Licensed Clinical Social Work, NCSWCLB C009009 Licensed Clinical Addictions Specialist, NCSAPPB LCAS -20222 EDUCATION: University of Maryland, Baltimore May 2012 Masters in Social Work (GPA: 4. 1), Clinical Mental Health, specialization substance abuse University of North Carolina Wilmington May 2010 Bachelor of Arts, Psychology (GPA: 3.89), magna cum laude DIRECT PRACTICE EXPERIENCE: LMV Counseling, PLLC, Owner, Psychotherapist, and Speaker December 2017 - present • Manage a team of four therapists providing trauma informed, evidence -based interventions to adults struggling with mental health and/or substance use issues. • Implement effective empirically based interventions to assist individuals in healing from mental health and substance use disorders • Specialties include trauma, addiction, treatment of opioid- dependent pregnant women, and counseling for individuals on opioid medication - assisted recovery • Provide workshops, seminars, and lectures to educate community members on strategies to reduce stress, increase mindfulness, and promote self -care Tides, Inc., Supervisor and Consultant June 2018- September 2019 • Implemented and carried out the organization's mission, coordinated objectives, strategies and goals to manage efficient well -run projects • Created a connection of community resources to provide services to opioid using pregnant women • Led the nonprofit into developing strategy, internal logistics, organizational models, staffing, and leading program activities Adhere to approved budget and identify areas of savings Coastal Horizons Center, Outpatient Therapist January 2014 -June 2018 Outpatient Substance Use Disorder and Mental Health Treatment, Wilmington, NC • Utilize a person- centered and systems approach through the use of evidence -based interventions of Motivational Interviewing, CBT, ACT, dialectical techniques, and strengths -based perspectives • Conduct comprehensive clinical assessments, create person- centered plans, and provide individual and group therapy to individuals with substance use and mental health disorders • Specialty populations include providing treatment for opioid using pregnant women, providing trauma - focused CBT to adolescents and trauma - informed care to adults Wilmington Treatment Center, Substance Abuse Counselor June 2012 - December 2013 Inpatient Substance Use Disorder Treatment Center, Wilmington, NC • Provided individual therapy, small group therapy, and case management to a young adult caseload of 13 -20 patients in a fast -paced environment while maintaining an average of over 90% quality assurance in the documentation • Completed biopsychosocial assessments, prioritized needs, and developed person - centered treatment plans • Utilized motivational interviewing, cognitive- behavior therapy, mindfulness, crisis intervention and Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 39 Lauren Vilar, (919) 604 -1979 Page 2 of 2 dialectical behavior therapy techniques in psychotherapy • Educated and developed a motivational interviewing training for treatment assistants to assist with paraprofessional staff - patient relations SPEAKING ENGAGEMENTS: Addiction Recovery for Women, NASW NC Conference December 2018 • CEU provided for various disciplines focusing on challenges, opportunities, and engagement Speaker to BSW and MSW Classes, UNCW Social Work Department Fall 2017 -Fall 2018 • Invited by Kevin Connolley to present to MSW and BSW students NC State Park Scholarship Learning Lab, Wilmington, NC March 2018 • Recognized as a local leader in addiction treatment. Invited to present on the opioid epidemic. WWAY local news featured presentation. Grandparent support Group, Wilmington, NC March 2018 • Presentation on addiction and the brain and basic recovery models. Department of Social Services Foster Care Group, Wilmington, NC Recurring from June 2017 • Presentation on addiction and the brain, basic recovery models, and the effect of addiction on the family system Seeds of Healing Radio Show, Wilmington, NC April 2017 • Invited to provide education for the general public regarding marijuana use, prevalence, risks and benefits, and resources for marijuana use disorder treatment DREAMS of Wilmington, Wilmington, NC 2015 • In person presentation to staff about developmentally appropriate behaviors for adolescents exposed to trauma Wilmington Treatment Center, Wilmington NC 2012 • "Motivational Interview Techniques" Presentation for paraprofessional staff to improve staff - patient relations University of Maryland Baltimore, Baltimore, MD 2011 -2012 • "Safe Space Training" Presentation to university faculty and students to explain the role of "safe spaces," dispel myths about the LGBTQI community, provide correct information, and educate individuals on the importance of sexual orientation and gender identity to one's sense of self RFCF ARCH- Komen Breast Cancer Research Assistant, UMB School of Social Work September 2010 - February 2011 • Researched and developed education modules on the psychosocial impacts experienced by breast cancer survivors RELEVANT TRAINING. CERTIFICATION. MEMBERSHIPS: BCBS of NC Provider Advisory Panel July 2020 - present NHC Resiliency Task Force April 2018- present Seeds of Healing, volunteer and contributor July 2017- present Neonatal Abstinence Syndrome NHRMC Workgroup April 2014 -June 2017 North Carolina Foundation for Alcohol and Drug Studies Summer School August 2017 • Foundation scholarship winner NC Foundation for Alcohol and Drug Studies Clinical Supervision Training July 2016 Equality NC Volunteer Advocacy May 2016 -March 2017 CPR and First Aid Certification February 2012 - present Trauma - Focused CBT Training, NC Child Treatment Program Duke/MUSC Collaborative August 2015 • 42.5 hours of specialty trauma - specific training Board of Commissioners - December 7, 2020 ITEM: 12- 2 - 40 COMMITTEE APPOINTMENT New Hanover County Nursing Home Community Advisory Committee Vacancies: Up to 5 Terms: 12/31/23 Applicants Eligible For Reappointment Nominations Kayla W. Johnson X Stephanie Smith X Attachments: Committee Information Sheet Applications Board of Commissioners - December 7, 2020 ITEM: 12- 3 - 1 NEW HANOVER COUNTY NURSING HOME COMMUNITY ADVISORY COMMITTEE Number of Members: 11 State mandated; may appoint up to 16 based on the number of nursing homes. The Nursing Home Administrators may nominate one -third of the members. Term of Office: 1 -year term initially; 3 -year term thereafter Brief on the functions: Each member shall be aware of the general conditions under which the persons are residing in the homes, and shall work for the best interests of the persons in the homes. This may include assisting persons who have grievances with the home and facilitating the resolution of grievances at the local level. Each member shall make quarterly visits to the nursing home it serves and more often if it is necessary to carry out the duties. Statute or cause creating Board: N.C. General Statute 131 E -128. Qualifications: Must be a resident of New Hanover County. No person or immediate family member of a person with a financial interest in a home served by the committee, or employee or governing board member of a home served by the committee, or immediate family member of a resident in a home served by the New Hanover County Nursing Home Community Advisory Committee maybe a member of this committee. Immediate family is defined as mother, father, sister, brother, child, grandmother, and grandfather, as well as in -laws. See Volunteer Job Description for more information. Regular Meeting: Quarterly Meetings are held on the second Tuesday of January, April, July, and October at 3:00 p.m. at the Cape Fear Council of Governments, 1480 Harbour Drive, Wilmington, NC. Board of Commissioners - December 7, 2020 ITEM: 12- 3 - 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Sandy Andrews Initial 9/14/15 9/30/16 4337 Parmele Road First 9/19/16 9/30/19 Castle Hayne, NC 28429 Second 9/16/19 9/30/22 910 - 619 -3753 (C) 910 - 667 -3285 (W) Eric M. Batts Initial 4/16/18 4/30/19 15 South 12th St. First 4/15/19 4/30/22 Wilmington, NC 28401 910 - 218 -5163 (C) Initial 6/18/07 6/30/08 Julie Brewer First 6/16/08 6/30/11 3107 Durbin Court Second 7/11/11 7/31/14 Wilmington, NC 28409 Third 8/11/14 8/31/17 910 - 799 -4325 (H) Fourth 8/21/17 8/31/20 Fifth 8/24/20 8/31/23 John Coble First 9/19/16 9/30/19 5003 Villa Place W. Second 9/16/19 9/30/22 Wilmington, NC 28409 910 - 796 -6627 (H) 910 - 619 -2829 (C) Shirley L. Crum Initial 4/16/18 4/30/19 5815 Camellia Ln. First 4/15/19 4/30/22 Wilmington, NC 28409 910 - 520 -3365 (C) Board of Commissioners - December 7, 2020 ITEM: 12- 3 - 2 NURSING HOME COMMUNITY ADVISORY COMMITTEE (CONT.) Board of Commissioners - December 7, 2020 ITEM: 12- 3 - 3 U- TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Marianne Eisenhauer -Wall Initial 4/16/18 4/30/19 509 Okeechobee Rd. First 4/15/19 4/30/22 Wilmington, NC 28412 703 - 501 -0811 (C) Dorothy L. Grime Initial 12/19/11 12/31/12 5583 Woodduck Circle First 12/17/12 12/31/15 Wilmington, NC 28405 Second 3/21/16 3/31/19 910 - 350 -0672 (H) Third 4/15/19 4/30/22 Faye B. Jacobs Initial 6/17/19 6/30/20 129 Hargrove Dr. First 6/15/20 6/30/23 Wilmington, NC 28411 910 - 395 -6297 (H) 910 - 508 -8672 (C) Kayla W. Johnson Initial 12/16/19 12/31/20 1406 Marblehead Ct. ��^ ` Wilmington, NC 284141 2 `� OR 910 - 617 -3653 (C) 910 - 793 -0616 (W) Phyllis Meole Initial 3/24/14 3/31/15 9 Brookwood Avenue First 3/16/15 3/31/18 Wilmington, NC 28403 Second 3/12/18 3/31/21 910 - 251 -0913 (H) 910 - 231 -8039 (C) Pamela O'Quinn Initial 12/18/17 12/31/18 5422 Saltwater Run First 12/17/18 12/31/21 Wilmingon, NC 28409 356- 627 -4460 (C) Stephanie Smith Initial 12/16/19 12/31/20 5717 Wisteria Lane Wilmington, NC 28409 � C - 910- 352 -3806 (C) l Members Nominated by Nursing Home Administrators: None COG Long Term Care Ombudsman: File: /Nursing, B/C #22 Holli Blackwelder Revised: 08/2020 Cape Fear Council of Governments 1480 Harbour Drive, Wilmington, NC 28401 910- 395 -4553 Board of Commissioners - December 7, 2020 ITEM: 12- 3 - 3 U- NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, SuRe 175 W*Abgton, NC 28403 Tokphone (910) 79&7149 FAX (910) 79 8-7145 COMMITTEE APPLICATION Board/Committee. New Hanover County Nursing Home Advisory Committee Name: Kayla Williford Johnson Home Addr1eSS;1406 !Marblehead Ct. Wilmington, HC 28412 Mailing Address if dHbMnt: N/A Home Phone: N/A (CRY) r r, E -Math. kayla@pathfinderwc.cao< R* Code) Fax: N/A Cell. 910- 617 -3653 Business: 793 -0616 Years living in New Hanover County. 23 Male: Female: ✓ Race:�te Age; 27 (Information for the purpose of assuring a cross - section of the commonly) Do you have a family member employed by New Hanover County? K yes, name N/A Employer: Pathfinder Wealth Consulting A person by aganoy or department whkh Brie appgcaIM Is merle, must hhVher poaglon Hanover County upon appofntrnsnQ to accordance wah ANdo K Sea 4 of Ow New Meravar 0w* Porsorual Pdky. Ftrrtrarmom, applkard should have no bnmed ge fkn* mwnberemployed by such agency or daparbnent Occupation: Paraplanner Professional Activities: Financing planning; investment management Volunteer Activities: Community Group Leader c Next Steps -The Bridge Church, A Safe Place, DNCW Why do you wish to serve on this boardleammittee? To advocate for meaningful activities to enhance the well -being of residents CanXd ef bKarasC fa board member beflevss hafahe has a ow0d or potandsl oorWd ofbaereat on a paAkrdar have, Oret member should sfate tMs beW b the other members of ftrlar respedtve board d Ang a pub* mesIDng The member shouW stets Ore nature of da owxft dshA g OW halthe has a asperde, private, or monetary bom4 &Vw (bed a kx&oct W Bra issue under condderalon. The member sharW then excuse NmaeOwneabom voflrg on Me mef w What areas of concern would you like to see addressed by this committee? Equity of service across different nursing home facilities; meaningful activities for residents Quallficatlons for serving: Wxuu+ Get on Board trainee; granddaughter of a deceased patient of Silver Stream i Trinity Grove Other municipal or county boards/committees on which you are serving: N/A List three local personal references and phone numbers: !. Jason Wheeler, CEO, Pathfinder Wealth Consulting 2 R o b Penn, President, Pathfinder Wealth Consulting B 0 C O F F 3. Ethan Welch, Pastor', The BridgeC/hurch ate: 3/29/2019 " C ` ( (S 0/100 � "' Signature " App/Icaf/ons are kept on No for 18 months I understand that any or commjWe appohsas may be removed without cause by a myonVy of Counfy Cormnhesioners. Phase use reverse side for ad of tonal comments Board of Commissioners - December 7, 2020 ITEM: 12- 3 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798 -7145 rw Board(Committee: New Hanover County Nursing Home Community Advisory Committee Name: Stephanie Smith E.Mail:sjsmithemails @gmail,cost Home Address.5717 Wisteria Lane Wilmington NC 28409 e Ip Code) Mailing Address if different: (Clity) Rai Code) Home Phone: 9103523806 Fax: Cell:9103523806 Business: Years living In New Hanover County. 24 Male: Female: ✓ Race: Age: 44 (information for the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? If yes, name n/a Employer. Select Premim Properties, Inc. A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupadon:Real Estate Broker Professional Activities: Volunteer Activities: Trinity Nursing Home Why do you wish to serve on this board(committee? To help improve care for the elderly living at the various facilities in new hanover county. Con/Hct of Mterest., If aboard member believes he/she has a conflict or potential conflkt of interest on a particular issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the mature of the conflict, detailing that he/she has a separate, private, or monetary interest, either direct or indirect, in the issue under consideration. The member should then excuse himselbherseif from voting on the matter. What areas of concern would you like to see addressed by this committee? Improved care for the elderly Qualitit:ations forserving: I was the caretaker for my grandmother, who passed in 2017, and have personal experience with many of the facilities in new hanover county. Other municipal or county boards/committees on which you are serving: N/A List three local personal references and phone numbers; �. Yasmin Thompkinson - 910 -540 -3848 2 . Becky O'Daniell - 910 - 231 -0250 B O C OFF, 3. June.Nechum - 910- 392 -1935 Date: 7/5/19 U�� toI �(M Signature Applications are kept on file for 18 months t understand that any rd or committee appointee may be removed ofCommiwhhnoetss"ebra�me County Commissioners Please use reverse side far additional cam"" 12- 3 - 5 COMMITTEE APPOINTMENTS New Hanover County Tourism Development Authority Vacancies: 2 Categories: Wilmington Hotel less than 150 Owner /Manager; Wilmington Hotel more than 150 Owner /Manager Terms: 3 years, expiring 12/31/23 NOTE: Vacation Rental Properties 100+ Owner /Manager is being re- advertised as no applications have been received to date. Applicant Eligible For Reappointment Category Nominations Wilmington Hotel Nicole Jones X less than 150 Owner/Manager Wilmington Hotel Daniel Perkins X more than 150 Owner/Manager Attachments: Committee Information Sheet Applications Board of Commissioners - December 7, 2020 ITEM: 12- 4 - 1 NEmHANOVER COUNTY TOURISM DEVELOPMENT AUTHORITY Number of Members: 15 voting members: 5 ex-officio members and 10 members appointed by the Board of County Commissioners. The five ex-officio members are the Chairman of the Board of County Commissioners, the K8oy0r of the City of Wilmington, and the Mayors of the Beach towns ur whomever they appoint by each elected body. The other ten members are in the following categories and must have experience in promoting travel and tourism: a. Owner/manager of a hotel of 150 rooms or more in the Town of Wrightsville Beach b. Owner/manager of hotel in the TOvvO of Carolina Beach C. Owner/manager ofu hotel in the Town ofKure Beech d. Owner/manager ofe hotel of 150 rooms Vrmore in the City ofWilmington e. Owner/manager of a hotel of fewer than 150 rooms in the City of Wilmington f. Owner/manager 0fa bed and breakfast facility A. Owner/manager uf company that rnanogOS and rents more than 100 vacation rental properties h. Representative Ofa,t0uriomnattraction i� 0epnaaenƒ@bveof the VVi|rninQtVn(�hgmnberuf(�onlDlSroe j Owner/manager of@ restaurant business Term of Office: serving more than two consecutive full terms (excluding Chairman of Commissioners and Mayors). Regular Meetings: Fourth or FUUl Wednesday of every other month at 5:30 p.m. at various locations in the county. Statute or cause creating Bureau: On October 3, 2002. through House Bill 1707. the North Carolina General Assembly directed that the New Hanover County Board of Commissioners designate the Cape Fear Coast Convention and Visitors Bureau as a YVuhSnn Development Authority (TQA\tO promote travel, tourism, and conventions in New Hanover County, and to administer related tourism expenditures. The T[A shall take effect and come into creation on January 1,2UO3. with all those powers, rights and duties set forth iD House Bill 17O7.Session 2001. The Authority shall hereinafter be known and operated as the New Hanover County Tourism Development Authority d.b.a.Cape Fear Coast Convention and Visitors Bureau. BomrdofCommissioners December 7.2020 V V �- kll(" L ( �Ie-- TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Anne E. Brodsky Kure Beach First 12/20/10 12/31/13 Palm Air Realty Hotel Second 12/9/13 12/31/16 133 N. Ft. Fisher Boulevard Owner/Manager Third 2/20/17 12/31/19 Kure Beach, NC 28449 Fourth 2/17/20 12/31/22 910-458-5269 (W) 910-228-7810 (C) Jason Spencer Bryant, Vice-Chairman Vacation Rental Unexpired 12/31/17 4104 Conner Ct. Properties 12/19/16 Wilmington, NC 28412 (100+) First 12/18/17 12/31/20 BomrdofCommissioners December 7.2020 V V �- kll(" L ( �Ie-- TOURISM DEVELOPMENT AUTHORITY (CONT.) PAGE 2 Board of Commissioners - December 7, 2020 ITEM: 12- 4 - 3 ids TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Michael (Hap) Fatzinger Tourist Attraction Unexpired 9/21/20 12/31/22 7031 Cayman Court Wilmington, NC 28405 910 - 622 -4621 (C) Natalie H. English Chamber of First 4/17/17 12/31/19 5736 Wisteria Lane Commerce Second 12/16/19 12/31/22 Wilmington, NC 28409 704 - 968 -0956 (C) 910 - 762 -2611 (W) Nicole Jones Wilmington Hotel Unexpired 11/13/18 12/31/20 302 Dogwood Lane ( <_ 150) Wilmington, NC 28409 Owner /Manager 910 - 262 -6115 (C) 910 - 313 -0824 (H) 910- _ 395 -8224 (W) 01 Steve Varieur Wrightsville First /21/20 12/31/23 1505 Covey Lane Beach Wilmington, NC 28411 Hotel 910 - 262 -5942 (C) Owner /Manager Charles Pennington Bed & Breakfast Unexpired 9/20/04 12/31/06 The Verandas Bend and Breakfast Owner /Manager First 12/18/06 12/31/09 202 Nun Street Second 1/19/10 12/31/12 Wilmington, NC 28401 Third 12/17/12 12/31/15 910 - 251 -2212 Fourth 12/14/15 12/31/18 Fifth 2/18/19 12/31/21 Daniel Perkins, Chairman Wilmington Hotel Unexpired 8/22/16 12/31/17 Hotel Ballast ( +150) First 12/18/17 12/31/20 301 No. Water St. Owner /Manager Wilmington, NC 28401 910- 763 -5900 (W) 910- 232 -6021 (C) 910- G 399 -6269 (H) 910 - 763 -0038 (F) Angela Rhodes, Secretary Restaurant First 12/17/12 12/31/15 Catch Modern Seafood Cuisine & Owner /Manager Second 12/14/15 12/31/18 Phun Seafood Bar Third 1/22/19 12/31/21 803 Calico Crossing Wilmington, NC 28411 910 - 777 -9551 (C) 910 - 799 -3847 (W) Tom Ullring Carolina Beach First 2/17/20 12/31/22 6521 Settlers Dream Place Hotel Wilmington, NC 28409 Owner /Manager 336- 402 -6270 (C) 910 - 458 -2030 (W) Board of Commissioners - December 7, 2020 ITEM: 12- 4 - 3 ids TOURISM DEVELOPMENT AUTHORITY (CONT.) PAGE 3 Board of Commissioners - December 7, 2020 ITEM: 12- 4 - 4 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Ex- officio Members: Patricia Kusek New Hanover 1/9/2017; 1/8/18; Undesignated County 1/7/19; 12/16/19 Commissioner Mayor LeAnn Pierce Carolina Beach 12/19 Undesignated Mayor Craig Bloszinsky Kure Beach 12/17 Undesignated Mayor Bill Saffo City of 12/09 Undesignated Wilmington Mayor Darryl Mills Wrightsville 12/19 Undesignated Beach Lisa Wurtzbacher, Treasurer New Hanover 8/12 Undesignated County Finance Officer Contact: Kim Hufham, President/CEO File:/TDA Wilmington and Beaches CVB Revised: 09/2020 505 Nutt Street, Unit A Wilmington, NC 28401 910 - 341 -4030 (W), 910 - 520 -9194 (C), 910 - 341 -4029 (F) Board of Commissioners - December 7, 2020 ITEM: 12- 4 - 4 Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Nicole Jones < application @webformsnhcgov.com> Sent: Wednesday, November 4, 2020 11:38 AM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Tourism Development Authority Board or Committee being applied to: New Hanover County Tourism Development Authority Category Hotel 150 rooms or less Name Nicole Jones Email nicole.jonesUftilton.com Home Address 302 Dogwood Lane Wilmington, North Carolina 28409 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (910) 313 -0824 Cell Phone (910) 262 -6115 Business Phone (910) 509 -4046 Fax (910) 509 -4048 Years living in New Hanover County 29 Personal information collected below is to assure a cross - section of the community is represented. Gender Female Race Caucasian Board of Commissioners - December 7, 2020 ITEM: 12- 4 - 5 Age 47 Do you have a family member employed by New Hanover County? No Applicant's Employer Hilton Garden Inn Mayfaire Occupation General Manager Professional Activities Chamber Member, WAHA Volunteer Activities USTA Tennis Why do you wish to serve on this board or committee? I have been in the hospitality industry since 1990 -My experience and knowledge can help contribute to the committee What areas of concern would you like to see addressed by this committee? Excited to help the industry any way I can. It's important for our community Qualifications for serving: Over 30 years in the industry, over 20 years in Management positions in Restaurants and Hotels. Other municipal or county boards /committees on which you are serving: None List three local personal references and phone numbers: Reference 1 Meredith Swicegood Reference 1 Phone (970) 846 -5659 Reference 2 Adele McMurtrey Reference 2 Phone (910) 619-4209 Reference 3 Peter Donat Reference 3 Phone (910) 547 -4622 Date 11/04/2020 Consent Board of Commissioners - December 7, 2020 ITEM: 12- 4 - 6 ✓I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. NOV 0 4 2020 B 0 C OFF . Board of Commissioners - December 7, 2020 ITEM: 12- 4 - 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798 -7145 Board /Committee: TDA Name: Daniel Perkins -F 150 �wnQ.r� E -Mail' daniel.perkins @hilton.com Home Address: 3902Edgewood Road Wilmington 28403 ree y (Zip Code) Mailing Address if different: (City) (Zip Code) Home Phone: 399 -6269 Fax: 763 -0038 Cell: 232 -6021 Business: 763 -5900 Years living in New Hanover County: 22 Male: ✓ Female: Race: Caucasian Age: (Information for the purpose of assuring a cross - section of the community) - Do you have a family member employed by New Hanover County? If yes, name Employer. k'jQ ,J A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article Vi, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: Assistant General Manager Professional Activities: Volunteer Activities: Food Bank of Wilmington Why do you wish to serve on this board /committee? Want to be an intrigual part of the growth and devleopment in hospitality for Wilmington moving forward. Conflict of Interest: if a board member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he /she has a separate, private, or monetary interest, either director indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter. What areas of concern would you like to see addressed by this committee? Increase growth of group sales in Wilmington. Qualifications forserving: _ -20 years in the hospitality industry in Wilmington NC Other municipal or county boards✓committees on which you are serving: N/A REEFIVED List three local personal references and phone numbers: Kevin Brockway 910 - 343 -6150 JUL 2 8 2016 2. Karen Morganti 910 - 343 -6159 3 Eileen Kaynan 910 - 343 -6158 Date: 7/28/16 �1 MW Applications are kept on file for 18 months Please use reverse side for additional comments Signature � ✓C/ (/ I understand that any board or committee appo tee removed without cause by a majority of County Commiss ner . Board of Commissioners - December 7, 2020 ITEM: 12- 4 - 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/7/2020 Regular DEPARTMENT: County Manager PRESENTER(S): Board of Commissioners CONTACT(S): Chris Coudriet, County Manager SUBJECT: Consideration of New Hanover County Support for Ongoing School Operations and Reopening for Full -Time, On- site Pre -K through Sth Grade Learning BRIEF SUMMARY: Data is showing that too many of our public school children are losing ground as a result of remote learning in response to the Covid -19 pandemic. The school system is operating middle and high schools consistent with what is allowed by Governor Roy Cooper's executive orders. The order also allows for school systems to use full -time, on -site learning for pre -k and all elementary grades up to the 5th grade. The New Hanover County commission is interested in seeing all public elementary schools open for full -time, on -site learning beginning with the second semester on January 11, 2021. The county commission will discuss how it might further support the ongoing school operations during the pandemic and support the school board in reopening pre -k through 5th grade classrooms effective January 11, 2021. RECOMMENDED MOTION AND REQUESTED ACTIONS: Discuss and offer support. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Discuss and offer support. COMMISSIONERS' ACTIONS: A motion to provide a $750 bonus per school employee to support New Hanover County Schools during the pandemic and budget amendment 21 -026 were approved 5 -0. Board of Commissioners - December 7, 2020 ITEM: 13