BOARD OF COMMISSIONERS L. KEVIN ENSLEY, CHAIR BRANDON C. ROGERS, VICE CHAIR TOMMY LONG J.W. "KIRK" KIRKPATRICK, III JENNIFER M. BEST I. Call to Order II. Pledge of Allegiance/Invocation - BOCC Pastor Josh Frazier III. Public Hearing 1. Public Hearing for approval of Economic Development Grant of Incentives on an investment of $2.6 million dollars by Sonoco Products Company to add a new thermoforming line and addition of 15 new employees - Program Administrator David Francis 2. Public Hearing for approval of Economic Development Grant of Incentives on an investment of $5.0 million dollars by Premier Magnesia, LLC aka Giles Chemical for expansion of their operations and addition of 35 new employees - Program Administrator David Francis IV. Public Comment Session Citizens must sign up for public comment prior to ten (10) minutes of start time and each speaker is limited to three (3) minutes. Audience members may not address the Board at any time during deliberations unless recognized by the Chairman. V. Constituent Concerns VI. Administrative/Agency Reports/Presentations 1. Haywood Community College 2021-2022 Budget Presentation - Haywood Community College President Dr. Shelley White COUNTY MANAGER BRYANT MOREHEAD COUNTY ATTORNEY FRANK G. QUEEN HAYWOOD COUNTY BOARD OF COMMISSIONERS REGULAR AGENDA FOR MONDAY, APRIL 19, 2021 – 5:30 PM HISTORIC COURTHOUSE AT 215 N. MAIN STREET, WAYNESVILLE, NC Citizens are encouraged to view the Board of Commissioners meetings online. Regular meetings are streamed live on the county website at www.haywoodcountync.gov, Agendas, Minutes, Videos. Public comments may be made by using the eComment feature at www.haywoodcountync.gov , Agendas, Minutes, Videos or by email to the Clerk to the Board at [email protected]no later than 5:00 p.m. on the Sunday before each regularly scheduled Monday Board meeting. 1
Transcript
BOARD OF COMMISSIONERS
L. KEVIN ENSLEY, CHAIRBRANDON C. ROGERS, VICE CHAIRTOMMY LONGJ.W. "KIRK" KIRKPATRICK, IIIJENNIFER M. BEST
I. Call to Order II. Pledge of Allegiance/Invocation - BOCC Pastor Josh Frazier III. Public Hearing 1. Public Hearing for approval of Economic Development Grant of Incentives on an
investment of $2.6 million dollars by Sonoco Products Company to add a newthermoforming line and addition of 15 new employees - Program Administrator DavidFrancis
2. Public Hearing for approval of Economic Development Grant of Incentives on an
investment of $5.0 million dollars by Premier Magnesia, LLC aka Giles Chemical forexpansion of their operations and addition of 35 new employees - Program AdministratorDavid Francis
IV. Public Comment Session
Citizens must sign up for public comment prior to ten (10) minutes of start time and eachspeaker is limited to three (3) minutes. Audience members may not address the Board at anytime during deliberations unless recognized by the Chairman.
V. Constituent Concerns VI. Administrative/Agency Reports/Presentations 1. Haywood Community College 2021-2022 Budget Presentation - Haywood Community
College President Dr. Shelley White
COUNTY MANAGER BRYANT MOREHEADCOUNTY ATTORNEY FRANK G. QUEEN
HAYWOOD COUNTY BOARD OF COMMISSIONERS
REGULAR AGENDA FORMONDAY, APRIL 19, 2021 – 5:30 PM
HISTORIC COURTHOUSE AT 215 N. MAIN STREET, WAYNESVILLE, NC
Citizens are encouraged to view the Board of Commissioners meetings online. Regularmeetings are streamed live on the county website at www.haywoodcountync.gov,Agendas, Minutes, Videos. Public comments may be made by using the eCommentfeature at www.haywoodcountync.gov , Agendas, Minutes, Videos or by email to theClerk to the Board at [email protected] no later than 5:00 p.m. on theSunday before each regularly scheduled Monday Board meeting.
2. Economic Development Coalition Report - Executive Director of the Economic
Development Coalition for Asheville-Buncombe County Clark Duncan VII. Discussion/Adjustment to Agenda VIII. Consent Agenda 1. Request approval of April 5, 2021 regular meeting minutes 2. Request approval of March 2021 Releases, Refunds and Discoveries
3. Request approval of March 2021 Tax Collections Update and Refunds
4. Request approval of Proclamation Recognizing National Peace Officers' Memorial Week
of May 9 -15, 2021 and the Fallen Officer Memorial Ceremony scheduled for May 13,2021
IX. Regular Agenda 1. Request approval of two (2) full time adoption/intake counselors to replace the five (5)
personnel previously provided by Sarge's Animal Rescue Foundation for the AnimalServices Department to be paid from FY 2020-2021 budgeted funds - Animal ServicesDirector Howard Martin
2. Request approval to accept and appropriate Petco Love (formerly Petco Foundation)
Invests in Lifesaving Grant in the amount of $10,000.00 awarded to the Animal ServicesDepartment for the purchase of micro-chips and micro-chip scanners to be used in thefield - Animal Services Director Howard Martin
3. Request approval of Resolution Prescribing Procedures for Disposal of Surplus Retired
Service Canines and Authorizing Sale of Retired Service Canine - Chief Deputy Jeff Haynes
4. Request approval to accept the bid from Western Carolina Communications Systems, Inc.
in the amount of $102,687.29 for the purchase and installation of radio equipment andemergency response equipment in nine (9) new patrol vehicles to be paid from FY 2020-2021 budgeted funds and approval for County Manager to sign all documentationrequired for said purchase and installation - Interim Finance Director Kristian Owen
5. Request approval to accept and appropriate the Dogwood Health Trust Grant in the
amount of $261, 690 for a one-time match for Region A counties (minus Cherokee) toensure $538,310 in HUD HOME funds is allocated for affordable housing initiatives andapproval for County Manager to execute all documentation associated with said grant -
None XI. Closed Session Economic Development 143-318.11 (a)(4) XII. Adjournment
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HAYWOOD COUNTY BOARD OF COMMISSIONERSREGULAR AGENDA REQUEST
Item Title:Public Hearing for approval of Economic Development Grant of Incentives on an investment of $2.6million dollars by Sonoco Products Company to add a new thermoforming line and addition of 15 newemployees - Program Administrator David Francis
• Specializes in thermoforming. Mainly produces frozen food trays, portion control cups, blow molded bottles and aseptically processed beverages containers;
• 130 employees with a company average payroll and benefits of $7 million.
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SCOPE OF PROJECT
• Investing $2.6 million to add a new thermoformerline in the facility on Howell Mill Road;
• Will create 15 new jobs;
• Provide an average wage of $36,666 with the company paying more than 50% of the employees insurance.
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HAYWOOD COUNTY ECONOMIC DEVELOPMENTINCENTIVE PROGRAM
• Sonoco will pay approximately $53,700 in taxes over 5 years on the new investment;
• County will grant 50% back to Sonoco of approximately $26,900 over 5 years for the capital investment;
• County will grant back an additional $2,687 (5%) for paying near the County average wage and $1,612 (3%) for providing more than 50% of the employees health insurance;
• Total incentive = $31,166 for a total grant of 58% of taxes paid.
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MAY 2, 2021BOCC
MEETING
• Board approval for Economic Development Incentives for Sonoco Products Company;
• Board approval to enter into negotiations for an Economic Development Agreement between the company and Haywood County to be presented at a later meeting;
• Note: All projections are estimates which can be impacted by changes in the tax rate, investment, depreciated value of the equipment and number of employees.
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THANK YOU
• Pam Wegner, Sonoco Products Co.
• CeCe Hipps, Haywood Chamber
• Clark Duncan, EDC-AB Chamber
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HAYWOOD COUNTY BOARD OF COMMISSIONERSREGULAR AGENDA REQUEST
Item Title:Public Hearing for approval of Economic Development Grant of Incentives on an investment of $5.0million dollars by Premier Magnesia, LLC aka Giles Chemical for expansion of their operations andaddition of 35 new employees - Program Administrator David Francis
• Largest producer of magnesium sulfate (Epsom Salts in North America);
• Operations: Smathers St., Commerce St., Lea Plant Road and Giles Chemical in Waynesville;
• Has another manufacturing facility in Glendale, IN.
PREMIER MAGNESIA, LLC
• Owns and operates a magnesia mine in Gabbs, Nevada;
• The only domestically-mined source of magnesia ore in the U.S.;
• In 2007, Premier Magnesia, LLC merged with Giles Chemical Epsom Salt manufacturing operations.
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SCOPE OF PROJECT • Invest $4.5 million dollars in the facility on Lea
Plant Road;
• Invest $500,000 in Commerce Street and Smathers Street;
• Will create 35 new jobs;
• Provide an average wage of above $40,000 with the company paying more than 50% of the employees insurance.
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HAYWOOD COUNTY ECONOMIC DEVELOPMENTINCENTIVE PROGRAM
• Premier/Giles will pay approximately $125,000 in taxes over 5 years on the new investment;
• County will grant 65% back to Premier/Giles of approximately $81,000 over 5 years;
• County will grant back an additional $6,225 (5%) for paying above the County average wage and $3,736 (3%) for providing more than 50% of the employees health insurance;
• Total incentive = $91,000 for a total grant of 73% of taxes paid.
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MAY 2, 2021BOCC
MEETING
• Board approval for Economic Development Incentives for Premier/Giles;
• Board approval to enter into negotiations for an Economic Development Agreement between the companies and Haywood County to be presented at a later meeting;
• Note: All projections are estimates which can be impacted by changes in the tax rate, investment, depreciated value of the equipment and number of employees.
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THANK YOU
• Matt Haynes, Premier Magnesia, LLC/Giles Chemical
• CeCe Hipps, Haywood Chamber
• Clark Duncan, EDC-AB Chamber
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HAYWOOD COUNTY BOARD OF COMMISSIONERSREGULAR AGENDA REQUEST
Item Title:Haywood Community College 2021-2022 Budget Presentation - Haywood Community CollegePresident Dr. Shelley White
• One Additional Maintenance Personnel- including current Health Education Project, HCC has grown by
over 100,000sf in the past 6 years
- HCC physical resources include 400,000sf of interior space
• PSTF Burn Building 5 year Maintenance - NFP 1402 Standards require an extensive maintenance 5 year
maintenance review of the live burn props and safety apparatus
• Additional Sanitation/PPE Supplies- increased sanitation guidance will require additional supplies to
maintain the level of standard expected moving forward
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Salaries/Fringe Benefits
TOTAL INCREASE = $45,000.00
Additional Maintenance Personnel $45,000.00
- HCC has grown by over 100,000 square feet over the past 6 years
- HCC’s physical resources include 400,000 SF of interior space
- Specialty laboratories require unique maintenance skillsets (e.g. Class B Burn Tower for Firefighter
Training)
$1,130,120$1,175,12
00 250000 500000 750000 1000000 1250000
2020-21
2021-22
FY 2021-22 County Budget Request
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Other Costs (Materials, Supplies, Service Agreements, Fuel, Legal)
TOTAL INCREASE = $45,500.00
Public Safety Training Facility - Burn Building 5-Year Inspection/Maintenance $25,000.00
- NFPA 1420 five-year inspection/maintenance review will be due during this fiscal year. Burn props,
equipment, and building structure will undergo an extensive professional safety review and
update.
$545,613
$591,113
0 125000 250000 375000 500000 625000
2020-21
2021-22
FY 2021-22 County Budget Request
Additional Sanitation/PPE Supplies $20,500.00
- increased sanitation guidance requires additional supplies to maintain the level of standard moving
forward.
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FY 2021-22 County Budget Request
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Capital Outlay Request
• Advanced Planning ($300,000.00)Advanced planning services will allow the college to acquire professional design services and have the two projects ready
for construction when funding is available. The advanced planning method will expedite the process of achieving the end
goal.
o Armory Drive Entrance - $75,000.00
The Armory Drive Entrance Project will improve access to HCC’s main campus through Armory Drive.
A significant retaining wall and infill installation will be needed to reduce the incline in this area, making
it a safer entry point suitable for larger vehicles. This entry point now receives 30%-40% of HCC’s daily
traffic, and is deteriorating.
o Regional High Tech Center (RHTC) Upfit - $225,000.00
The RHTC Upfit Project will include needed upgrades to the building system components,
reconfiguration of spaces to accommodate current programming, replacement of many finishes
throughout the existing building, and roof re-covering. The goal is to have the Regional High
Technology Center accommodate our current/future student and programming needs.
• Security/Surveillance Camera Upgrade – RCAC ($50,000.00)Existing surveillance cameras in our Regional Center for the Advancement of Children (RCAC) are outdated. An upgrade will increase safety and prevent potential downtime over the coming decade.
TOTAL REQUEST = $350,000.00
FY 2021-22 County Budget Request
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Thank You
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HAYWOOD COUNTY BOARD OF COMMISSIONERSREGULAR AGENDA REQUEST
Item Title:Economic Development Coalition Report - Executive Director of the Economic Development Coalitionfor Asheville-Buncombe County Clark Duncan
Board Action Request:
Requested Action Department:Economic Development
Presenter:Tracy Wells
Background/Justification:
Budgetary Impact:
Policy Impact:
Attachments:
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HAYWOOD COUNTY BOARD OF COMMISSIONERSREGULAR AGENDA REQUEST
Item Title:Request approval of April 5, 2021 regular meeting minutes
Board Action Request:
Requested Action Department:Administration
Presenter:Tracy Wells
Background/Justification:
Budgetary Impact:
Policy Impact:
Attachments:
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HAYWOOD COUNTY BOARD OF COMMISSIONERSREGULAR AGENDA REQUEST
Item Title:Request approval of March 2021 Releases, Refunds and Discoveries
HAYWOOD COUNTY BOARD OF COMMISSIONERSREGULAR AGENDA REQUEST
Item Title:Request approval of Proclamation Recognizing National Peace Officers' Memorial Week of May 9 -15,2021 and the Fallen Officer Memorial Ceremony scheduled for May 13, 2021
Board Action Request:
Requested Action Department:Sheriff's Department
Presenter:Chief Jeff Haynes
Background/Justification:The US Congress and the President of the US recognized and dedicated the week of May 15 each yearto honor law enforcement officers either killed and/or injured in the line of duty. Traditionally, theHaywood County Board of Commissioners in partnership with the county municipalities haverecognized and adopted a resolution reflecting the support for law enforcement within HaywoodCounty therefore, once again, we seek approval to honor those fallen officers and their families.
BOARD OF COMMISSIONERS COUNTY MANAGER BRYANT MOREHEAD L. KEVIN ENSLEY, CHAIRMAN BRANDON C. ROGERS, VICE CHAIRMAN COUNTY ATTORNEY J. W. “KIRK” KIRKPATRICK, III FRANK G. QUEEN TOMMY LONG JENNIFER M. BEST
PROCLAMATION RECOGNIZING THE
NATIONAL PEACE OFFICERS’ MEMORIAL WEEK OF MAY 9 – 15, 2021 AND THE
FALLEN OFFICER MEMORIAL CEREMONY SCHEDULED FOR MAY 13, 2021
WHEREAS, Congress and the President of the United States have designated that there be a National Peace Officers’ Memorial Week and the week of May 9-15, 2021 has been formally designated as such; and WHEREAS, the members of the Sheriff’s Office and Police Departments serve an essential role in safeguarding the rights and freedom of the citizens of the Haywood County; and WHEREAS, it is important to recognize the duties and responsibilities of law enforcement officers and agencies, and to express appreciation for the contributions made by law enforcement officers. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Haywood County, North Carolina, does hereby call upon all citizens to recognize the week of May 9-15, 2021 as the National Peace Officers week and designate Thursday, May 13, 2021 for the Fallen Officer Memorial ceremony to honor those who have made the ultimate sacrifice in service to our nation, state and county. Adopted this the 19th day of April, 2021.
___________________________ L. Kevin Ensley, Chairman Haywood County Board of Commissioners
ATTEST: _______________________ Tracy Wells, Clerk to the Board Haywood County Board of Commissioners
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HAYWOOD COUNTY BOARD OF COMMISSIONERSREGULAR AGENDA REQUEST
Item Title:Request approval of two (2) full time adoption/intake counselors to replace the five (5) personnelpreviously provided by Sarge's Animal Rescue Foundation for the Animal Services Department to bepaid from FY 2020-2021 budgeted funds - Animal Services Director Howard Martin
Board Action Request:
Requested Action Department:Animal Services
Presenter:Howard Martin
Background/Justification:On February 26, 2021, Sarge's Animal Rescue Foundation submitted notification to discontinue itsrelationship with Haywood County Animal Services in providing personnel to facilitate adoptionservices for the County. Sarge's provided five persons that constituted (122) hours of manpower. The allotment of personnel provided two persons Monday thru Saturday hours of operations foradoptions. One of the five persons also had oversight of the volunteer and foster program. Theadding of two (2) full-time positions will provide the ability for Haywood County Animal Services tofacilitate adoption services provided by the five (5) persons with Sarge's. The services for volunteersand fostering program have been assigned to current staffing within Animal Services. The budgetimpact of the additional positions during the current budget FY21 will be paid for by lapse salaries.
Budgetary Impact:Total budget impact for two (2) full-time positions is $16,000.00 and will be paid for by lapse salaries inthe current budget of FY20/21. Note: this could be less based on start time of new employees.
Policy Impact:N/A
Attachments:
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HAYWOOD COUNTY BOARD OF COMMISSIONERSREGULAR AGENDA REQUEST
Item Title:Request approval to accept and appropriate Petco Love (formerly Petco Foundation) Invests inLifesaving Grant in the amount of $10,000.00 awarded to the Animal Services Department for thepurchase of micro-chips and micro-chip scanners to be used in the field - Animal Services DirectorHoward Martin
Board Action Request:
Requested Action Department:Animal Services
Presenter:Howard Martin
Background/Justification:Haywood County Animal Services with support from its non-profit organization Friends of HaywoodCounty Animal Shelter Board members applied an application for the Petco Love Invests in Lifesavinggrant. The request for grant funds are to be used for the purchase of micro-chips and micro-chipsscanners. There are so many lost animals that come into the shelter yearly with no means ofidentification. Also having access to a micro-chip scanners in the field for officers will eliminate thelost animal having to come back to the shelter, it can be returned to its owner in the field. Thepurchase of micro-chips will allow Haywood County to provide clinics for the public to have micro-chips inserted with the oversight of its contracted veterinarian.
HAYWOOD COUNTY BOARD OF COMMISSIONERSREGULAR AGENDA REQUEST
Item Title:Request approval of Resolution Prescribing Procedures for Disposal of Surplus Retired Service Caninesand Authorizing Sale of Retired Service Canine - Chief Deputy Jeff Haynes
Board Action Request:
Requested Action Department:Sheriff's Department
Presenter:Chief Jeff Haynes
Background/Justification:K9 Lenny and his partner/handler, Deputy Randy Jenkins began service to the citizens of HaywoodCounty in 2013. They have patrolled and answered calls for service, trained together throughout thistime dating from June 2013 until 1 March 2021. Traditionally, upon retirement of a K9, the assigneddeputy is afforded the opportunity to purchase and continue to maintain the canine in question fortheir remaining lifespan. This action allows both handler and canine the ability to continue theirestablished relationship and enables both to enjoy the much deserved retirement.
Budgetary Impact:No budgetary impact exists for Haywood County as upon the adoption of this resolution, the handler,Deputy Jenkins takes on all costs associated with Lenny and will pay $1.00 to adopt the canine.
HAYWOOD COUNTY BOARD OF COMMISSIONERSREGULAR AGENDA REQUEST
Item Title:Request approval to accept the bid from Western Carolina Communications Systems, Inc. in theamount of $102,687.29 for the purchase and installation of radio equipment and emergency responseequipment in nine (9) new patrol vehicles to be paid from FY 2020-2021 budgeted funds and approvalfor County Manager to sign all documentation required for said purchase and installation - InterimFinance Director Kristian Owen
Board Action Request:
Requested Action Department:Sheriff's Department
Presenter:Kristian Owen
Background/Justification:The purchase and installation of the attached radio communication and emergency responseequipment is necessary and required by OSHA standards to operate. This equipment will be installedinto the (9) nine, new patrol cars to be utilized by the Haywood County Sheriff's Office. This itemappeared on the February 15, 2021 Board of Commissioner's meeting and as the total of this purchasesurpassed the threshold for formal bidding requirements, this is being brought back to affirm the bidas required by NC General Statute 143-129. An increase from the original RFP of $500.00 is presentdue to the increase in equipment and materials costs of those items ordered. The cost is reflected inupdated pricing that totals the amount increased as cost(s) of different materials/equipment haveincreased.
Pursuant to General Statutes of North Carolina Section 143-129 Haywood County is soliciting bids for:
Emergency & Radio Equipment for Patrol Vehicles Bids will be accepted until Thursday, March 18, 2021 at 3:00PM at the Finance Department for Haywood County, 4th Floor 215 North Main Street, Waynesville, NC 28786.The bids will then be publicly opened and read aloud. Complete specifications and instructions are attached herewith. Bid documents may be obtained from Peggy Cope, Purchasing Manager, at the Haywood County Historic Courthouse, 215 North Main Street, 4th Floor, Waynesville, NC 28786, or by email at [email protected] Bids shall be submitted on the Vendor’s standard forms and shall be submitted in a sealed package identifying the bidder’s name and the bid number on the face of the package and mark as follows:
SEALED BID FOR #030821 EMERGENCY & RADIO EQUIPMENT FOR PATROL VEHICLES - DO NOT OPEN PRIOR TO 3:00pm THURSDAY MARCH 18, 2021.
Each bid must meet the requirements of the Request for Bids herein, including a certified cashier’s check payable to the order of Haywood County Finance, or a satisfactory bid bond executed by the Bidder and a corporate surety licensed under the laws of the State of North Carolina to execute such bonds in an amount not less than 5% of the bid. The Board of Commissioners reserves the right to reject any or all bids and to purchase off of state contract. Submission of any bid signifies the Vendor’s agreement that its bid and the content thereof are valid for 90 days following the submission deadline and will become part of the contract that is negotiated between Haywood County and the successful vendor.
This Request for Bids (RFB) is intended to provide vendors with a common, uniform set of specifications to assist them in the development of their bids and to provide a uniform method for the County to fairly evaluate bids and subsequently select a vendor for:
Emergency & Radio Equipment for Patrol Vehicles
. The County assumes no responsibility for conclusions or interpretations derived from the information presented in this RFB, or otherwise distributed or made available during this bidding process. In addition, the County will not be bound by or be responsible for any explanation, interpretation or conclusions of this RFB or any documents provided by the County other than those given in writing by the County through the issuance of addenda. In no event may a vendor rely on any oral statement by the County or its’ agents, advisors or consultants. It is the full responsibility of the vendor to thoroughly investigate the needs/requirements of the County, not necessarily assumed in this RFB and to submit a bid for the purchase of above detection scanner system.
1.3 Purpose
The Request for Bids is also intended to provide minimum specifications for the above emergency & radio equipment. This document also establishes essential criteria for the design, performance, equipment and appearance of the emergency & radio equipment. The objective is to provide an emergency & radio equipment that is in accordance with nationally recognized guidelines.
This Request for Bids (RFB) is issued by Haywood County. Any inquiries, clarifications, or interpretations regarding this RFB should be directed in writing to: Peggy Cope Purchasing Manager Haywood County Finance Department 215 North Main Street Waynesville, NC 28786 [email protected] Or Jeff Haynes, Chief 1620 Brown Ave. Waynesville, NC 28786 [email protected] Responses to inquiries that affect the content of this RFB will be provided in writing to all recipients of the RFB through an addendum that will be posted on the County website, www.haywoodcountync.gov. It is the responsibility of each vendor to inquire about any aspect of the RFB that is not fully understood or is believed to be susceptible to more than one interpretation. The County will accept only written inquiries regarding this RFB. The County’s interpretation of the RFB shall be controlling in all cases. Deadline to submit a clarification request is March 3, 2021 by 5:00pm.
2.2 Trade or Brand Name
When a trade or brand name for a particular article or object is specified, it is meant only as a reference for standard. Any other manufacturer of a similar article or object that is found to be reasonably equivalent to or better than the brand mentioned and used as a standard of measure is acceptable.
Bids must be presented in a sealed package identifying the bidder’s name and bid number on the face of the package and mark as follows:
SEALED BID FOR 030821 EMERGENCY & RADIO EQUIPMENT FOR PATROL VEHICLES - DO NOT OPEN PRIOR TO 3:00pm THURSDAY MARCH 18, 2021.
Bids should be mailed or delivered to:
Peggy Cope Purchasing Manager Haywood County Finance 215 North Main Street Waynesville, NC 28786 TELEPHONE BIDS AND/OR FAXED BIDS CANNOT BE ACCEPTED. All bids submitted must be typed or written in ink and signed by the bidder’s designated representative. Vendors must submit one original and one (1) complete copy of each bid. No responsibility shall be attached to the County for the premature opening of any bid proposal not properly addressed or identified. In order to be considered for selection, bids must be received by the date, time and place previously outlined. The bidding process will be considered closed at 3:00p.m. on Thursday March 18, 2021. Failure to meet this deadline will disqualify the bidder. In addition, along with the required cashier’s check or bid bond mentioned earlier, all forms at the end of this Request for Bids are required to be completed, signed, and included with the seal bid.
2.4 Addenda
Any addenda to these documents shall be posted on the County’s website at www.haywoodcountync.gov and will become part of this RFB and the contract. No oral statements, explanations, or commitments by anyone shall be of any effect unless incorporated into the addenda. It is the responsibility of the Vendor to periodically check the County’s website before submitting a bid to obtain any addenda that have been issued.
Vendors shall not be allowed to submit additional documentation once bids are opened. Care should be taken to ensure that information provided is accurate, complete, and consistent. Omission of any of the required information may subject the Vendor to disqualification.
2.6 Bid Pricing
All bid prices shall be complete and include warranty and delivery of the completed emergency & radio equipment to this Agency. Taxes are to be shown as a separate line item. Bid prices shall be valid for at least 90 days from the date of the Bid Opening.
2.7 Exceptions to the RFB
Any exceptions to these specifications indicated must be clearly listed and explained on the Exception Form. Otherwise, it will be considered that the items offered are in strict compliance with these specifications and the successful bidder will be held responsible for delivering the emergency & radio equipment meeting these specifications. Any exceptions must be referenced by section number and explained in detail on the Exception Form, Appendix A of this document. Any bidder not complying shall not be considered as responsive.
2.8 Bid Withdrawal
If the Vendor desires to withdraw their bid, a request must be submitted before the bid opening, in writing to the Finance Department, with the purpose for withdrawal.
2.9 Bids Property of County
All bids submitted in response to this RFB become the property of the County once they are opened. Supporting technical manuals will be returned at the written request of the bidder. All submitted proposals and supporting material are a matter of public record.
2.10 Rejection of Bid
The County reserves the right to reject any or all bids, with or without cause, and to waive informalities when such rejection is in the interest of the County. Haywood County also reserves the right to reject the bid of a vendor who has previously failed to perform properly or complete on-time a contract of similar nature.
2.11 Disqualification of Vendors
More than one bid from an individual, firm, partnership, corporation, or association under a different name or names shall not be considered. Any or all bids shall be rejected if there is reason to believe that collusion exists among the Vendors. See Non-collusion section 2.17.
The award of this bid will not be based solely on lowest price. The award will be based and granted on “BEST VALUE”. “BEST VALUE” will allow Haywood County to consider factors beyond pricing such as whether the responsive, responsible vendor is able to meet and/or exceed the required specifications as well as meet the required delivery requirements. “BEST VALUE” will permit and reflect prudent stewardship of public funds and trust.
2.13 Notification of Award
After all prerequisites and specifications have been met by the bidder and the Haywood County Board of Commissioners has approved to move forward with this purchase, the successful bidder will be notified within ten (10) working days. Haywood County will notify the successful bidder in writing, either by a LETTER OF AWARD or a PURCHASE ORDER or both. VERBAL NOTIFICATION OF THE AWARD IS NOT CONSIDERED A RELIABLE MODE OF NOTIFICATION AND, THEREFORE, WILL NOT BE RECOGNIZED AS AN OFFICIAL NOTIFICATION.
2.14 Vendor’s Guarantee
By submitting a bid on these specifications, the vendor binds himself to all conditions in these specifications, irrespective of any formalities in his order acknowledgment. No attachment or part may be substituted or applied contrary to manufacturer’s recommendations and standard practice. Any variance with the specifications must be stated with the submitted bid and may, after review of all consequences of the variance, disqualify the bid. Accessory supplies shall be compiled with the rest of the equipment offered. Vendor guarantees that the equipment is standard new equipment, latest model or regular stock product with all parts regularly used with the type of equipment offered. The unit delivered is guaranteed against faulty material and workmanship for a period of two (2) year or greater. If the delivered unit is guaranteed by the manufacturer for a period longer than two (2) year, the standard manufacturer’s guarantee will prevail. If during this period, any such faults develop, the unit or part affected is to be replaced without any cost to Haywood County.
2.14 Vendor’s Guarantee (continued)
All regularly manufactured stock electrical items shall be listed by the Underwriter’s Laboratory, Inc. Other electrical equipment shall be constructed to conform to applicable portions of the National Electrical Code. When electrical components are part of the equipment, the manufacturer’s standard guarantee shall apply, unless otherwise specified.
A guaranteed delivery date may be considered in making the award. On the Bid Form please include your expected date of delivery. We expect delivery within a reasonable time frame. However, any vendor who submits a bid on these specifications agrees to accept our purchase order and agrees to guarantee complete delivery no later than June 30, 2021. If vendor feels the requested delivery/completion date cannot be met, the vendor shall so state and give revised date with bid. The delivery schedules that are submitted by the Vendor and agreed upon by the County shall automatically become binding upon the successful Vendor.
2.16 Inspections
Haywood County reserves the right to inspect all materials furnished for conformity with the specifications.
2.17 Non-Collusion
By executing and submitting this bid, the Bidder certifies that his bid is made without reference to any other bid and without any agreement, understanding, collusion or combination with any other person in reference to such bidding. See anti-collusion affidavit, included herein, to be completed and submitted as part of the bid.
2.18 Taxes Taxes should not be included in the bid of the detection scanner system. Any sales tax items should be listed as a separate item at time of invoicing.
2.19 Payment
It is the desire of Haywood County to pay promptly. It is the vendor’s responsibility to submit invoices directly to the Department at the address specified on the Purchase Order as “Ship and Bill To”. Invoices shall include Purchase Order number, description of item(s), quantities, unit price, extended price, freight, state and local taxes, and date of delivery. Invoices exceeding the limits established by the Purchase Order or for materials or services not qualifying under the specifications as ordered, are subject to be disqualified for payment. Final payment shall be made the day of delivery after the detection scanner system being received is inspected and found to comply with these procurement specifications.
Vendors must provide tax information to include vendor’s full business name, address, “remit to” address, and federal tax identification number. A W-9 will be required to be submitted upon award of bid.
2.20 Minority Business Enterprise
It is the policy of Haywood County to take affirmative action to ensure that minority business enterprises are given the opportunity to demonstrate their ability to provide the County with goods and services at competitive prices.
2.21 Indemnification
The successful bidder shall hold the County, to include all Board members and employees, harmless from all liabilities, obligations, losses, claims, damages, actions, suits, proceedings, costs, expenses, including attorneys’ fees, that: a) arise out of, are connected with, or result directly or indirectly from the successful bidder’s
failure to perform any of its obligations under this request for bids; or b) are a result of a breach of any of the successful bidder’s warranties. No indemnification
responsibilities created by this section shall survive and be enforceable after the contract between the County and the successful bidder terminates or expires, and they shall be terminated only by written agreement of the successful bidder and the County.
2.22 Federal Funds If the source of funds for this contract is federal funds, the following federal provisions apply pursuant to 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II (as applicable): Equal Employment Opportunity (41 C.F.R. Part 60); Davis-Bacon Act (40 U.S.C. 3141-3148); Copeland “Anti-Kickback” Act (40 U.S.C. 3145); Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708); Clean Air Act (42 U.S.C. 7401-7671q). and the Federal Water Pollution Control Act (33 U.S.C.1251-1387); Debarment and Suspension (Executive Orders 12549-12689); Byrd Anti-Lobbying Amendment (31 U.S.C. 1352); \ Procurement of Recovered Materials (2 C.F.R §200.322); and Record Retention Requirements (2 C.F.R §200.324).
Appendix B-BID FORM BID NO. 03821 I, (We), the undersigned after reading and fully understanding the terms, conditions and specifications of Request for Bids No.030821 agree to furnish a firm fixed price (excluding tax). Total Cost Excluding Tax = $________________ COMPANY NAME: ______________________________________________________
, being first duly sworn deposes and says that: 1. (S)he is the of (the company
submitting the attached proposal); 2. (S)he is fully informed respecting the preparation and contents of the attached bid and of all
pertinent circumstances respecting such bid; 3. Such bid is genuine and is not collusive or sham; 4. Neither the said bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit collusive or sham bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or, to fix any overhead, profit, or cost element of the bid price of any other bidder to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the County of Haywood, or any person interested in the proposed contract; and
5. The price or prices quoted in the attached bid are fair and proper and are not contained by any
collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties, in interest, including this affidavit.
(SEAL)
(TITLE)
Subscribed and sworn to before me, this day of , 20 . Notary Public My Commission expires
IRAN DIVESTMENT ACT CERTIFICATION REQUIRED BY N.C.G.S. 143C-6A-5(a)
As of the date listed below, the entity listed above is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 143-6A-4. The undersigned hereby certifies that he or she is authorized by the entity listed above to make the foregoing statement.
Uniform Guidance ("UG") is a set of uniform standards for contracts involving the award/expenditure of certain federal monies. If the UG requirements are not applicable, the UG provisions do not apply, unless specifically stated so in the contract
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as
authorized b y 41 U.S.C. 1908, must address administrative, contractual l, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause
and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the
definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided
under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935,
3 CFR Part, 1964-1965 Camp., p. 339), as amended by Ex. Order 11375, "Amending Ex. Order 11246 Relating to Equal
Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor."
(D) Davis-Bacon Act, a s a m e n d e d ( 40 U.S.C. 3141-3148). When required
by Federal program legislation, all prime construction contracts in excess of
$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors
must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a
week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of
Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
The contracts must also include a provision for compliance with the Cope land "Anti-Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or
subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair
of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must
report all s u s p e c t e d or reported violations to the Federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).
Where applicable, all contracts awarded by the non-Federal entity in excess of
$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and
3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must
be required to compute the wages o f every mechanic and laborer on the basis of a standard work week of 40 hours. Work in
excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half
times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are
applicable to c o n s t r u c t i o n w o r k and provide that no l a b o r e r or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous . These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available o n the open market, or contracts for transportation or transmission of
intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding
(G) agreement" under 37 CFR
73
Haywood County Sheriff’s Office
Bid 030821 Emergency & Radio Equipment of Patrol Vehicles
Due Date: Thursday March 18, 2021 at 3:00 p.m.
21
§401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that
"funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to
Inventions Made by Nonprofit Organizations and Small l Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
(H) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and sub-grants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA).
(A) Debarment and Suspension (Ex. Orders 12549 and 12689)-A contract award (see 2 CFR 180.220) must not be made
to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the
OMB guidelines at 2 CFR 180 that implement Ex. Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part
1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended,
or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than
Ex. Order 12549.
(B) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-Contractors that
apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that
it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee
of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
(J) See §200.322 Procurement of recovered materials.
§200.322 Procurement of recovered materials. A non-Federal entity that is a state agency or agency of a political subdivision of
a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of
the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guide lines.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014)
74
HAYWOOD COUNTY BOARD OF COMMISSIONERSREGULAR AGENDA REQUEST
Item Title:Request approval to accept and appropriate the Dogwood Health Trust Grant in the amount of $261,690 for a one-time match for Region A counties (minus Cherokee) to ensure $538,310 in HUD HOMEfunds is allocated for affordable housing initiatives and approval for County Manager to execute alldocumentation associated with said grant - Program Administrator David Francis
Board Action Request:
Requested Action Department:Administration
Presenter:Tracy Wells
Background/Justification:Grant funds will be used for a one-time match for Region A (minus Cherokee) to ensure $538,310 inHUD HOME funds is allocated the Region A counties of Haywood, Jackson, Macon, Swain, Clay andGraham for affordable housing initiatives.
HAYWOOD COUNTY PER: BUDGET ORDINANCE AMENDMENT JNL: ________
BE IT ORDAINED by the Board of Commissioners of Haywood County that the following
amendment be made to the budget ordinance for the fiscal year ending June 30, 2021. Section 1. To amend the General Fund, the expenditures are to be charged as follows:
Current Increase Amended Department Account Number Budget (Decrease) Budget
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