agenda - Davidson County

Transcription

AGENDA
DAVIDSON COUNTY BOARD OF COMMISSIONERS
June 11, 2013
7:00 PM
Commissioners’ Meeting Room
Governmental Center - 913 North Greensboro Street
Lexington, North Carolina 27292
A.
CALL TO ORDER AND WELCOME
B.
INVOCATION
C.
PLEDGE OF ALLEGIANCE
D.
RECOGNITION
1.
Davidson County Teaching Scholarship
Allyson Palmer Hege
Brenna Laine Ferrell
E.
REGISTER FOR PUBLIC ADDRESS
F.
ADOPTION OF AGENDA
G.
PUBLIC ADDRESS
H.
ITEMS FOR DECISION/INFORMATION - CONSENT
1.
2.
3.
I.
ITEMS FOR DECISION/INFORMATION - DELIBERATION
1.
2.
3.
4.
5.
6.
J.
Parking Deck Renovations by Dwayne Childress, Support Services Director
2013-2014 Fiscal Year Budget by Robert Hyatt, County Manager
Schedule Public Hearing for the 2013 Justice Assistance Grant (JAG) Application by Captain Casey
Tarleton
Landlord Estoppel, Agreement and Consent to Leasehold Mortgage with Moran Foods,
LLC by Chuck Frye, County Attorney
Crisis Ministries
Designate Voting and Alternate Delegate for the NACo Annual Conference
CLOSED SESSION
1.
K.
Minutes
Budget Amendments by Zeb Hanner, Assistant County Manager
Appointments/Reappointments
a. DCCC Board of Trustees
b. Davidson County VAD Board
c. DSS Board
Personnel
ADJOURNMENT
COMMISSIONERS’ AGENDA
Date: June 11, 2013
Exhibit: _________
ITEM:
D.
RECOGNITION – Teaching Scholarship Awards by Commissioner Larry Potts
ITEM INFORMATION: Please recognize Allyson Palmer Hege, a graduate of North Davidson High
School, now attending Guilford Technical Community College. Allyson is pursuing a Bachelor of
Science degree in Family and Consumer Sciences and Secondary Education.
Please recognize Brenna Laine Ferrell, a graduate of South Davidson High School. Brenna is now
attending North Carolina State University. She is pursuing a Bachelor’s Degree in Education.
ACTION TO BE TAKEN:
Recognize and award scholarship checks.
TEACHING SCHOLARSHIP RECIPIENTS
May 23, 2000
Amanda Brooks
Callie Elizabeth Phillips
Amy Dally
Patricia Ann Burkhart
Danny K. Sink, Jr.
Tonya Stoker
Pamela Hedrick Shytle
Christopher Todd James
September 12, 2000
Jason Michael Jordan
Kenda Eileen Thomas
Amber Kindley
Shelly Forrest
Laura Cloer
May 22, 2001
Shiloh Janel Walser
Ashley Kay Craven
June 12, 2001
Steven Vance Hanner
Jennifer Jean Cross
June 26, 2001
Charlotte Renee Nichols
August 14, 2001
Loryn Schiro
August 28, 2001
Jennifer Lynn Ketner
December 11, 2001
Alisa Carol Myers
Constance Romaine Watson
April 23, 2002
Jennifer E. Angell
Laura Lynn Beck
Melissa Ann Burns
Ashley Dawn Carroll
Keri Beth Collins
Elizabeth Brene’ Duggins
Kimberly Heitman Glosson
Jill Gwen Hunt
Nichole Bacon Leonard
Patrick Kemp Smith
Valorie Nicole Snider
Leslie Dunn Tysinger
Alicia Halker Young
January 14, 2003
Laura Marie Lanier
Tammy Morrison Tilly
Cori Jean Walker
May 13, 2003
Dana Hedrick Dishmon
Matthew Joseph Dunn
Brittany Lee Hartsell
Suzanne Nicole Shoaf
August 26, 2003
Jessica Suann Clark
January 13, 2004
Brandy Patrice Bayliff
April D. Kepley
Paula Carol Jones-Williams
Amanda Copeland Zimmerman
April 27, 2004
Angelica Marie Davis
Amanda Rae Essick
Julie Ann Glover
Meigan Sanders McMullen
Misty Lee Anderson Priddy
Deanna Weaver Walser
January 25, 2005
Tonya Butler Younts
June 28, 2005
Amanda Christine Barnes
Courtney Elizabeth Black
Melissa Dawn Carroll
Maria Laurin Clinger
Lauren Kristina Darr
Kelly Lauren Hine
August 1, 2006
Amanda Louise Burcham
Christy Lynn Reid
January 9, 2007
Randi Michelle Lanier
Brittany Lewellyn Long
May 22, 2007
Christina Faith Worley
January 8, 2008
Arthalia Waynette Dye
Lindsay Taylor Gibson
Jenny Marie Hartley
Charles Evan Myers
Megan Leigh Rogers
Tiffany Nicole Whitman
June 8, 2010
Arlene Elizabeth Johnson
December 14, 2010
Brandi Burns Craver
January 6, 2011
Brittany Michelle Murphy
May 13, 2008
Natalie Dawn Charles
Katie Elizabeth Smith
May 24, 2011
Kelsey Marie Hill
June 24, 2008
Elizabeth Candice Hester
June 14, 2011
Christopher James Rickard
August 12, 2008
Brandi Lee Gallimore
December 13, 2011
Erica Layne Spach
January 13, 2009
Heather Elizabeth Hawks
Sarah Lynne Hill
Tyler Grayson Leonard
Connie McLaughlin Lowman
Jennifer Short Phillips
Elizabeth Leann Curry Seagle
Amanda Carroll Smith
January 10, 2012
Lynnsey Brieanna Lollis
February 24, 2009
Lauren Breann Scott
May 26, 2009
Kelly Kiker Dooley
Alana Brooke Lowe
Stacey Elaine Michael
Wende Duffey Rabon
Kristina Alexandria Roberson
January 12, 2010
Brandi Nicole Kirkus
Leslie Kathryn Lambeth
Kelli Marie Mendenhall
Tonya Renee Robbins
Jordan Michelle Stogner
May 25, 2010
Traci Nichole Condrey
Kortnie Elizabeth Curry
Haley Nicole Grimsley
Kristen Leigh Johnson
Gabriel Adam Scott
Chelsea Marie Shore
Caroline Elizabeth Stalvey
Laura Noel Baum Vazquez
Phillip Aaron Yarbrough
June 26, 2012
Shanice Brice
Katie Grubb
Leigha Myers
Taryn Troublefield
Carly Bowman
December 11, 2012
Anna Marie Kennedy
June 11, 2013
Allyson Palmer Hege
Brenna Laine Ferrell
COMMISSIONERS AGENDA
Date: June 11, 2013_
Exhibit: Attached _
ITEM: H.1.
Minutes
ITEM INFORMATION: Minutes of the Davidson County Board of Commissioners’
Meetings from May 28, 2013, are attached for your review and consideration.
ACTION TO BE TAKEN: _Approve/correct and approve.
FOLLOW-UP:
MINUTES
May 28, 2013
The Davidson County Board of Commissioners met at 7:00 PM on Tuesday, May 28, 2013, in the
Commissioners Room in the Governmental Center, at 913 North Greensboro Street, in Lexington, North
Carolina for a regularly scheduled meeting.
PRESENT
Commissioners: Chairman Fred McClure, Vice Chairman Todd Yates, Steve Jarvis, Billy Joe
Kepley, Larry Potts, Don Truell and Sam Watford
OTHERS PRESENT
County Manager Robert Hyatt, County Attorney Chuck Frye, Assistant County Manager Zeb
Hanner, Deputy Clerk to the Board Debbie Harris, Support Services Director Dwayne Childress, Planning
and Zoning Director Guy Cornman, DCCC President Dr. Mary Rittling, Social Services Director Dale
Moorefield, Veterans Services Director Boyd Morgan, Veterans Council Member Woody Bowman, Sue
Bowman, Veterans Council Member Bob Leonard, Davidson County Master Gardeners Frankie Mefford,
Carol Myers, Gayle Smerznak, Cindy Scott, Beth Leonard and Margaret Wooten, Soil and Water District
Resource Specialist Lloyd Phillips, Photographer Lee Gill, Senior Services Director Thessia EverhartRoberts, Emergency Services Director Larry James, Lexington City Schools Superintendent Rick Kriesky,
Finance Director Jane Kiker, Crisis Ministries Executive Director Gail Whitehead, Health Director
Monecia Thomas, Sheriff David Grice, Transportation Manager Steve Swaim, Lexington Chamber
President Burr Sullivan, Cooperative Extension Director Troy Coggins, 911 Emergency Communications
Director Terry Bailey, Barney W. Hill, Lexington Dispatch Reporter Nash Dunn, High Point Enterprise
Reporter David Nivens and DCCC students Bria Naylor, Joe Gray, Eloi Solis, Aaron Atkins, Andrew
McCarn and Brittany Grice, and their Graphic Design Instructor Carl Shatley. Many clients from Crisis
Ministries were also in attendance at the meeting.
A.
CALL TO ORDER AND WELCOME
Chairman Fred McClure called the meeting to order and welcomed guests.
B.
INVOCATION
The invocation was led by Commissioner Kepley.
2
Davidson County Board of Commissioners
Minutes – May 28, 2013
C.
PLEDGE OF ALLEGIANCE
D.
RECOGNITION
1.
DCCC Student Groups for Design Choices for Blue Star Memorial Highway Marker
Placement
Chairman McClure recognized two student groups from DCCC for their outstanding design work
in creating designs to be considered for use on the Blue Star Memorial Highway Marker project, noting
there were five groups who submitted designs. He then introduced members of the two groups whose
designs were ultimately chosen by the group overseeing the project, and photos were taken of each group
with the Memorial Marker. Group 1 (whose design was chosen for the northbound roadside rest on
Interstate 85) consists of Aaron Atkins, Andrew McCarn, Deb Davis, Vicki Hill and Bethany Grice. Group
2 (whose design was chosen for the southbound roadside rest) consists of Bria Naylor, Joe Gray and Eloi
Solis. One of the Blue Star Memorial Highway Markers were brought to the Commissioners’ Meeting
Room earlier in the day and photos of each group were taken with the Marker to be distributed to media
outlets. Chairman McClure also recognized the members of the groups whose designs were not chosen.
He thanked DCCC, Dr. Rittling and Instructor Carl Shatley for their assistance in allowing the students to
participate in the project. Chairman McClure thanked NCDOT for their assistance in site choice and
approval and acknowledged the members of the group that have been working on the Blue Star Memorial
Marker Project since its inception.
(Exhibit 1)
E.
REGISTER FOR PUBLIC ADDRESS
Chairman McClure noted the need to register to speak at public address.
F.
ADOPTION OF THE AGENDA
County Manager Robert Hyatt reported that Commissioner Kepley had requested that Crisis
Ministries be added to the agenda and that Human Resources Director Jim Tysinger had requested that a
reclassification of a Sheriff’s Deputy I position be added to the agenda. He also requested that a Closed
Session be added to the agenda for an attorney/client matter.
On a motion by Commissioner Potts and a second by Vice Chair Yates the Board voted
unanimously 7-0 to adopt the amended agenda.
3
(Exhibit 2)
G.
PUBLIC ADDRESS
1) Eleanor Allen, a landowner in the proposed business park area, spoke in favor of the park, noting
the land has been in her family for generations, having been acquired through a King’s Land
Grant. She reported that dating back to her grandmother her family has been aware that the land
was destined to be used for a greater purpose.
2) Barney Hill spoke regarding the budget and items he felt were not included in this year’s budget.
An excerpt of his remarks is included with the agenda packet for this meeting.
3) Charles King spoke regarding illegal dumping and of hearing about the possibility of the
elimination of the solid waste enforcement officer position. He spoke in favor of retaining this
position due to its positive effects on illegal dumping.
H.
PUBLIC HEARINGS
1.
Proposed 2013-2014 Davidson County Budget
Chairman McClure declared the public hearing open to receive public input on the proposed 20132014 Davidson County budget.
1) Neil Motsinger requested that funding for the new Oak Grove High School be added to the 20132014 fiscal year budget.
2) Burr Sullivan, Director of the Lexington Chamber, spoke regarding small business and economic
development; he asked that the Board of Commissioners remain committed to small business and
economic development and requested continued funding for the two chambers to continue this
program.
3) Barney Hill spoke regarding his recommendations for the 2013-2014 fiscal year budget. An
excerpt of his comments is included in the agenda packet for this meeting for further reference.
Chairman McClure declared the public hearing closed.
This matter is on for a Budget Workshop on the June 6, 2013, meeting.
4
(Exhibit 3)
I.
ITEMS FOR DECISION/INFORMATION – CONSENT
Commissioner Potts requested that items I.2.A, I.2.B., and I.2.C. be removed from the Consent
Agenda for discussion.
On a motion by Commissioner Watford and a second by Commissioner Truell the Board voted 6-1
to approve the amended consent agenda. Commissioner Kepley voted “no.”
1.
Minutes
The Board approved the Minutes of the May 14, 2013 Board of Commissioners meeting.
(Exhibit 4)
2.
Budget Amendments by Zeb Hanner, Assistant County Manager
The Board approved budget amendments for Sheriff’s Department, Social Services and South
Emmons Fire Department, as requested as set out in the Agenda Packet, with the exception of items I.2.A.,
I.2.B., and I.2.C.; these items are discussed further in on page 6 of these minutes.
(Exhibit 5)
3.
Appointments
The Board approved the appointment of Jan Russell to the Community Action Board.
(Exhibit 6)
4.
Contract for Solid Waste Services with the Davidson County Schools
The Board approved the Contract for Solid Waste Services with the Davidson County Schools.
(Exhibit 7)
5.
Tax Report of Refunds
The Board approved the Tax Report of Refunds submitted by Tax Administrator Joe Silver.
(Exhibit 8)
Items I.2.A., I.2.B. and I.2.C. were tabled until later in the meeting to allow Health Director
Monecia Thomas to gather notes regarding these budget amendments.
J.
ITEMS FOR DECISION/INFORMATION - DELIBERATION
1.
Lease of One EMS Ambulance Unit
5
Support Services Director Dwayne Childress addressed the Board and provided information
regarding the ambulance unit, reporting that this is a replacement unit for the fleet, at a cost of $132,321.00.
There was a discussion about the process used for ambulance replacement, including length of use,
mileage on the vehicles. Outright purchase of the vehicles versus leasing was also discussed, as was using
the existing boxes from units on new chassis.
Mr. Childress reported that the options discussed would be looked into for the next ambulances
that are scheduled to be replaced, which would be next spring.
On a motion by Commissioner Truell and a second by Commissioner Potts the Board voted
unanimously 7-0 to authorize the purchase of the ambulance unit from Northwestern Emergency Vehicles
in the amount of $132,321.00, from the Capital Outlay line item.
(Exhibit 9)
2.
Lexington Multimodal Transportation Station, TIGER V Grant Application
County Manager Robert Hyatt reported that the City of Lexington had requested a letter of
recommendation from Davidson County to include in a grant application they are finalizing for a TIGER V
grant, and he felt that the letter may carry more weight if it came from the entire Board, versus being signed
by him as County Manager. Tammy Abshire, Director or Business and Community Development for the
City of Lexington, spoke regarding the process being undertaken by the City of Lexington to get passenger
rail service reestablished.
She reported that the TIGER V grant is a construction grant for track
improvements and platform work. Lexington is one of the few larger communities along the corridor that
does not have a passenger rail stop. Ms. Abshire reported that the grant application needs to be submitted
by May 31, 2013, and the City of Lexington would like to have Davidson County as a partner, to show that
the process is a community and collaborative effort. There was discussion about total costs for the project
and about how the old depot would come into play through the process. Commissioner Kepley reported
that he works Barbeque Festival day at the Depot to welcome train travelers and he has heard favorable
remarks from many travelers that they would utilize rail service to travel to Lexington if a permanent stop
was established. He feels that this passenger rail service would bring more tourism to Lexington.
6
On a motion by Commissioner Kepley and a second by Commissioner Potts the Board voted
unanimously 7-0 to approve issuance of the proposed letter to Secretary LaHood at the US Department of
Transportation by the entire Board in support of the TIGER V grant application to be included with the
City of Lexington’s grant application.
(Exhibit 10)
K.
ITEMS FOR DECISION/INFORMATION – CONSENT (continued)
2.A., 2.B. and 2.C. Budget Amendments for Health Department
Health Director Monecia Thomas noted that items 2.A. and 2.B. were necessitated out of
NorthWest Care Access taking over some of the operations within the agency and not enough money being
originally appropriated to cover all of the necessary travel expenses. Item 2.C. was to move monies from
salaries to contracted services to utilize a recently retired Health Department worker (with 40+ years of
experience) to work as a contracted services worker instead of part-time. A portion of the funds were also
to cover additional staff training.
On a motion by Commissioner Potts and a second by Commissioner Truell the Board voted
unanimously 7-0 to approve these budget amendments as requested.
3.
Request for Funds for Renovation Work to Picket School
Lexington City Schools Superintendent Rick Kriesky addressed the Board and reported on the
renovation work currently needed at Pickett School which will include addressing safety issues, fire alarm
work and replacing windows in the gym.
He reported that the renovations are anticipated to cost
approximately $750,000.00, and the school systems is requested that $600,000.00 of this amount be
provided by the County, and mentioned the funds in excess of $610,000.00 that are left over from the
school bonds that were earmarked for the Lexington City Schools.
There was a discussion by the Board regarding the remaining bond funds and ADM funds that
were pulled down for completion of the new grade school.
On a motion by Commissioner Potts and a second by Vice Chair Yates the Board voted 6-1 to
approve the reallocation of 2005 bond proceeds from the Charles England School Project to Picket Schohol
in the approximate amount of $600,000.00, Commissioner Watford voted “No.“
7
(Exhibit 11)
4.
Crisis Ministries
Commissioner Kepley requested that this matter be added to the agenda to provide information
regarding a critical situation that exists at Crisis Ministries. He introduced Gail Whitehead, Executive
Director of Crisis Ministries. She reported on the bedbug epidemic at the facility; having infested the
men’s dorm, the women’s dorm, and the family unit. The only areas of the shelter not current affected are
the volunteer area, the dining room, the kitchen and the locker area. She reported that she has been
consulting with exterminators to obtain quotes and has obtained a greatly reduced quote from the same
exterminator who handles all of the County buildings. It has been recommended for the extermination to
be successful that the shelter will need to get rid of all of the existing wooden beds and mattresses before
extermination. Ms. Whitehead has obtained quotes on new bedbug resistant mattresses and metal bed
frames. She reported that if she is unable to acquire funding to rid the shelter of the bedbugs that she will
be forced to close their doors. She requested a one-time gift from Davidson County in the amount of
$70,000.00 to complete the extermination and purchase the beds and mattresses. Ms. Whitehead reported
that she is going to be approaching the City of Lexington for a like request for assistance. There was a
discussion among the Board regarding the proper course of action to take. It was the consensus of the
Board to place this matter on for further discussion at the Budget Workshop at the June 6, 2013,
Informational Meeting.
L.
CLOSED SESSION – Attorney/Client
On a motion by Commissioner Potts and a second by Vice Chair Yates the Board voted
unanimously 7-0 to go into Closed Session for matters of Attorney/Client.
RETURN TO OPEN SESSION
On a motion by Commissioner Potts and a second by Commissioner Truell the Board voted
unanimously 7-0 to return to Open Session.
County Attorney Chuck Frye reported discussion of three matters in Closed Session, with the first
for information only and that instructions for further action had been provided to the County Attorney for
the remaining items.
M.
ADJOURNMENT
8
On a motion by Commissioner Truell and a second by Commissioner Potts the Board voted
unanimously 7-0 to adjourn.
_____________________________________
Fred D. McClure, Chairman
_____________________________________
Deborah J. Harris, Deputy Clerk to the Board
Date
ITEM: H.2
Amendments
ITEM INFORMATION: Please
the attached items for
ACTION TOBETAKEN: ________._____________________________.____________
Amlen(lmE~llts
for 2012-2013
in funds from gun
line items in tbe sberiff and
to lI\IIIF£'hiiW>
tbe FBI for
purposes.
B.
would like to do Ii line item transfer
3 rell,lacem,eut .....n .....,h"...,
C.
A.
~:'.~'V
from various
Tbis software
l(nl'MlntiinD Imftw,u'p.
from Salaries to
to
Fund Balance for additional
There was
but it did not iuclude the bottom
olthe door.
D.
would like to
$756.92 received from the Vobmteer Income Tax
Assistance program. The money will be used to
used
the program at the
E.
F.
Fire
would like
collections 9ninrt,nr'uu·pi1.
Schools would like to do a line item transfer of unused Bond
in the
.:lJU;[ U.!";;l';:J'..:KJ from the Charles
School
to the PickeWLSHS
at the
28, 2013 Board
Tbese funds trausfer was
me:etlD2. Tbere has to be a
Budget Amendment
Budget Amendment No.
------
Authorization is hereby requested to amend the 2012- 2013 budget ordinance for Davidson County in the following manner:
Fund
Fund or Department
Increase (decrease) estimated revenue in the amount of
Source of revenue:
Increase (decrease) appropriation budget in the amount of
Line item number
Explanation:
Department Head
Description
Appropriate $5,000 in funds from gun permit fees and transfer $35,000 from various salary line item in the
sheriff and jail budgets to purchase Encryption software. This software is required by the FBI for security
purposes.
Zeb M. Hanner
From:
Sent:
To:
Subject:
Charlene Foster
Wednesday, May 22,20138:12 AM
Zeb M. Hanner
RE: DCI Security Authenticity
Thanks
Charlene Foster
Adm in istrative Assistant
From: Zeb M. Hanner
Sent: Wednesday, May 22,2013 8:12 AM
To: Charlene Foster
Subject: Re: DCI Security Authenticity
I am In Raleigh today. I will check when.! get back
Sent from my Verizon Wireless 4G LTE Smartphone.
------ Original Message -----From: Charlene Foster
Subject: DCI Security Authenticity
Zeb, We discussed this subject several months ago. We are needing $34,000 to
bring our system up to security code. If we don't do this, they will shut us down.
We discussed the possibility of finding it somewhere in our current budget.
Joe! Hartley is more familiar with this area of security. If we can get this
started soon, IT will be able to get on it right away. Air Cards and all will
be shut down. Look at our current budget and see if we can move some
money around.
Thanks
Charlene Foster
Adm in istrative Assistant
Office
Fax (336)249-6968
1
Zeb M. Hanner
From:
To:
Cc:
YOLI
were
CDWG,com
OE400SPS
I 800.594.4B9
SALES QUOTATION
DMHK518
BILL TO:
SHIP TO:
DAVIDSON COUNTY
PO BOX 1067
DAVIDSON COUNTY
Atlention To : JOEL HARTLEY
913 N GREENSBORO ST
Accounts Payabl e
LEXINGTON , NC 27293-1067
Customer Phone #
45 27332
6/3/2013
LEXINGTON . NC 27292-2699
Contact JOEL HARTLEY
336 .242 .2032
Customer P .O. # NETMOTION1YR QUOTE
KYlEIR
1980890
50
1996103
1980923
50
202876 5
22 34698
NETMOTION NM MOBILITY XE 100
Mfg#: 090NMXE
Contract: NC Slate and Local Government Pricing
Electronic distribution · NO MEDIA
NETMOTION ADD NM MOBI LITY XE 101 -250
Mfg#: 090NMXEC1
Conlract: NC Slate and Loca l Governmenl Pricing
Electronic distribution· NO MEDIA
NETMOTION NM NAC/MOD ADV BNDL
Mfg# : 090NMBXE
Contract: NC State and Local Government Pricing
Electronic distribution · NO MEDIA
NETMOTION ADD NM NAC/POLICY BUNDLE
Mfg#: 090NMBXEC1
Electroni c distribution - NO MEDIA
NETMOTIO N PREM MNT 1Y
Mfg#: 090NMPRMMNT1
Electronic distribution· NO MEDIA
SUBTOTAL
FREIGHT
TAX
COW Government
230 No rth Milwaukee Ave .
Vernon Hills , IL 60061
Fax: 847 .990 .8186
This quote is subject to CDW's T enns and Conditions of Sales and Service Projects at
http://www.cdw.com/contenUtenns-conditions/product-sales.as0
For more infonnation, contact a CDW account manager.
13,96000
13,960 .00
130.00
6.500.00
6.494 .00
6 .49400
70 .00
3, 50000
9.459 .00
9.459.00
39 ,913.00
000
2,694.13
Please remit payment to:
COW Government
75 Remittance Drive
Su ite 1515
Chicago. IL 60675-1515
Source of
Line item number
Explanation:
Planning would like to do a line item transfer
replacement computers
$2,532 from Salaries to Capital Outlay to purchase 3
Zeb M. Hanner
From:
To:
11:31 AM
Here is
or
Ca
E-quote Number: 1014846971273
E-quote Name
Saved By:
Planning
E..Quote Description
Planning
Joel Hartley
Phone Number:
(336) 242-2032
joethartley@davidsoocountync~gov
Purchasing Agent:
Saved On:
Friday, May 31. 2013
Expires On:
Tuesday, July 30, 2013
NoteslComments:
Additional Comments:
Premier Page Name Davidson County, NC
Fully Customizable OptiPlex 7010 Small Form Factor
Date & Time: May 31,20133:29 PM CST
New Price
7
OptiPlex
SFF
Price
Standard
No Media,
3rd Gel'! Intel®
i5-3470
3~20GHz, 6MB w/HD2500 ~r<..,h!i.-.::\
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250GB 3.5" SATA 6Gb/s with 8MB DataBurst Cache
Mouse
Heat
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Speakers
Imemal Dell Business Audio
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7010 SFF wI Standard Power
Documentation
7010 Documentation
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Options
Resource DVO
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low Power Mode
Setup lind Features
Information Tech Sheet
iOIli'-D,)W,er
mode
No TecI1 Sheet
Small Form Factor
Processor Branding
intel Core is ut:,:mU,'jJ Sticker
TOTAL: $797.95
Fully Customizable OptiPlex 7010 Small Form Factor
Date & Time: May 31.20133:27 PM CST
at .. ,
2
or
Fully Customizable OptiPlex 1010 Small Form
Factor
Catalog Number:
7010 SFF
OptlPlex 1010 SFF
Standard Power
Operating SVSIMnM:!d
Windows 7
Processors
3rd Gan Intel® Core m i5-3470
3.20GHz, 6MB w/HD2500
Keyboard
Dell KB212-B USB 104 Quiet Key
Monitors
No Monitor
Boot Hard Drives
250GB 3.5« SATA 6Gb/s with 8MB DataBurst Cache
Mouse
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Authorization is
Fund
Department
requested to amend the 2012- 2013 budget ordinance
Increase (dEicrE~a$e) estimated
of
Davidson County in the following manner:
Fund
balance
Source
Une item number
Explanation:
Department
Description
DCM request an appropriation of $3,000 from airport Fund Balance to adjust for error made in Door repairs
quote. There was $17,500 previously approved on 04/09/2013 (14,550) and 05114/13 ($3,000) for the repair.
There was some additional work found was the repair was started.
Invoice
Superior Grounds Management
PO Box 459
Linwood, NC 27299
Date
Invoice #
6/5/2013
830
Bill To
Davidson County Airport Authority
Attn. Zeb Hanner
P.O. Box 1067
Lexington, N.C. 27293
P.O. No.
Terms
Project
Due on receipt
Quantity
Description
Rate
Amount
Labor & Materials to perform the following Hinge Repairs
to all 20 doors on
units A&B:
i-Repaired 19 Bent Hinges
2-Welded 2 hinges that were welded to the top of the
doors but never
welded to the structure
3-Repaired 2 broken hinges
4-Ground away improper welds on 72 hinges & re-welded
5-Plug welded all 100 hinges
6-Painted all hinges & welds & lubricated hinges with
white lithium grease
5,217.25
5,217.25
Labor & Materials to repair the heavily rusted & corroded
lower left door
structure on hangar A2
i-Removed the sheet metal, walk thru door & frame
2-Cut out the corroded sections of the structure
3-Fabricated new steel components and re-welded in
place
4-Painted all new metal work
5-Fabricated & installed a new lower left drip cap
6-Re-installed the sheet metal siding
575.35
575.35
Thank you, we appreciate your business
Total
$5,792.60
COMMISSIONERS' AGENDA
ITEM INFORMA nON:
me
p
DAVIDSON COUNTY
PUBUC UBRARY SYSTEM
Ruth Ann Copley
Director of Libraries
L
MEMORANDUM
DATE:
June 4, 2013
TO:
Zeb M. Hanner, Budget Director
Robert Hyatt, County Manager
Board of Commissioners
FROM:
Ruth Ann Copley, Director of Libraries
RE:
Budget Amendment
~
This budget amendment is to recognize and appropriate revenue for the Library.
$756.92 is reimbursement money from VITA (Volunteer Income Tax Assistance)
Program. This money will be appropriated to the Supply line item
(110-5301-452.60-10) in order to reimburse the library for the cost of printing
supplies used for the program.
Davidson County Public Library· 602 South Main St .. Lexington, NC 27292 . (336) 242-2064· FAX (336) 249-8161
North Carolina's First County Public Library
BUDGET AMENDMENT NO.
IS HEREBY
TO AMEND THE 2012-2013 BUDGET
ORDINANCE FOR DAVIDSON COUNTY IN THE
FUND
nt....F"L>L
201212013
MANNER:
- General Fund
~--------~--~~--------~~----~----~~--
ESTIMATED REVENUE IN THE AMOUNT OF
OF REVENUE
VITA Reimbursement
INCREASE APPROPRIATIONS BUDGET IN THE AMOUNT OF
LINE ITEMS NO.
DESCRIPTION
AMOUNT
110-5301452.60-10
Supplies
$756.92
TRANSFER BUDGETED APPROPRJA TIONS BY LINE ITEM AS FOllOWS:
REDUCE
DESCRIPTION
AMOUNT
Zeb M. Hanner
Jane Kiker
From:
201
1
PM
To:
Subject:
Their
is
Jane
From: Zeb M. Hanner
Sent: UI/".nnt:><t1:::>"
2013 11:32 AM
To: Jane Kiker
FW:
Has the amount
rn;,nal'''''
since
last time they
Zeb M. Hanner
Assistant
Davidson
P.O. Box 1067
NC27293
Ph. 336-242-2213
Fax 336-248-8440
Cell 336-848-2179
-----Original Message----From: Mark Reid ""':~~:cc~=:::~~~::.=.M:=.==.ML"'_=::.c=,:=~::J
Sent: Wednesday, June 05, 2013 11:07 AM
To: Zeb M. Hanner
Subject: Surplus Money
I have """"'Fr,,,,,,,
Thanks for all
the amount of
Date: June 11, 2013
Exhibit: Attached
ITEM:
H.3.a.
Appointment to DCCC Board of Trustees
ITEM INFORMATION: Attached for your review and consideration please review
the attached request for reappointment of Kristine Lauten to the Davidson County
Community College Board of Trustees.
ACTION TO BE TAKEN: Approve reappointment
FOLLOW-UP: None
May 13, 2013
Mr. Fred McClure, Chair
PO Box 1067
Lexington, NC 27293
Dear Commissioner McClure:
Ms. Kristine Lauten’s appointment to the Davidson County Community College Board of
Trustees expires in July 30, 2013. She was originally appointed to the Board in 2009.
She has served the College with distinction attending Board meetings regularly and
serving on the Business Affairs and Audit Committee.
On behalf of the Board of Trustees, we would appreciate your consideration of
reappointing Ms. Lauten to another four-year term. If you need other information
concerning his qualifications for this appointment, please feel free to contact me at 336249-7705.
Sincerely,
Beth B. Parrott
Chair, Board of Trustees
Davidson County Community College
COMMISSIONERS’ AGENDA
Meeting Date: June 11, 2013
Item H.3.b.
Exhibit No.: _________
ITEM: Voluntary Agricultural District Advisory Board Appointment
ITEM INFORMATION: The Davidson County Voluntary Agricultural District Advisory Board is to
recommend persons for appointment to the Davidson County Commissioners. The term of current Board
Member, Thom Hege, expires on June 30, 2013. After consultation with the Cooperative Extension
Service, Davidson Soil and Water Conservation District, and other agricultural groups the Board
recommends Thom Hege for re-appointment for a term running from July 1, 2013 through June 30, 2016.
Mr. Hege is willing to continue his service.
Andy Miller will be present to answer questions.
ACTION TO BE TAKEN: Appoint Thom Hege to the Voluntary Agricultural District Advisory Board for
a term running from July 1, 2013 through June 30, 2016.
FOLLOW-UP: None
Date: June 11, 2013
Exhibit: Attached
ITEM: H.3.c.
Reappointment
ITEM INFORMATION: The Department of Social Services has requested that
Commissioner Larry Potts be reappointed to serve an additional three (3) year
term as a Commissioners’ Appointment on the Department of Social Services
Board, with the term commencing on June 30, 2013. This term will be July 1,
2013 through June 30, 2016.
ACTION TO BE TAKEN: Confirm appointment.
FOLLOW-UP: None
From:
Sent:
To:
Cc:
Subject:
Attachments:
Dale Moorefield
Tuesday, June 04, 2013 12:54 PM
Anne Burkhart; Debbie Harris
Robert Hyatt
DSS Board Appointment info for next Tuesday 6/11/13 BOCC mtg
Board of Cmsrs memo 6-11-2013.doc
Please find attached a memo requesting the Board of County Commissioners to reappoint Larry Potts to
the DSS Board for another 3 year term. Mr. Potts current term ends on June 30th, 2013. This term will
be July 1, 2013 – June 30, 2016. I will complete the DC Agenda net process this afternoon as well.
Thank You,
Dale
DAVIDSON COUNTY
DEPARTMENT OF SOCIAL SERVICES
Dale Moorefield, Director
Lexington DSS Office
P.O. Box 788
913 Greensboro Street
336-242-2500
FAX: 336-249-7588
Thomasville DSS Office
211 W. Colonial Drive
Thomasville, North Carolina 27360
P. O. Box 788
336-474-2760
FAX: 336-472-6635
Lexington Child Support Office
PO Box 788
913 Greensboro Street
336-242-2242
FAX: 336-242-1236
Thomasville Child Support Office
211 W. Colonial Drive
Thomasville, North Carolina 27360
P. O. Box 788
336-474-2609
FAX: 336-474-2620
MEMORANDUM
To:
Davidson County Board of County Commissioners and Robert Hyatt, County Manager
From: Dale Moorefield, Director
Davidson County DSS
Date: June 4, 2013
RE:
Appointment to Board of Social Services
As you know, the County Commissioners appoint two members of the Social Services Board on
a three-year rotating basis. Mr. Larry Potts three-year term on the Board will expire at the end of
June and it is time for the Board of Commissioners to make another appointment to our
DSS Board.
Since Mr. Potts has served on the DSS Board for several years, I would encourage the Board of
Commissioners to consider reappointing Mr. Potts to the Board of Social Services for another
three-year term. I have confirmed with Mr. Potts his willingness to continue serving on our DSS
Board. He has become very knowledgeable about the operation and funding streams for Social
Services, which has worked well for both Davidson County and the Department.
In most counties, at least one county commissioner is appointed to the DSS Board with another
member from the community. In some counties, two County Commissioners serve on the DSS
Board, which is also within State mandates for DSS Board development. County Commissioners
can be appointed without limitation on consecutive terms as long as they are serving as a
commissioner at the time of reappointment.
If you have any questions, please let me know.
Commissioners' Agenda Request
Date Received: May 30, 2013
Item I.1.
Meeting Date: June 11, 2013 Deliberation Agenda Itetn
Item: Parking Deck Renovations
Item Information: These renovations are needed as they will. replace all seams, repaint,
stop water pooling on top floor and rehab both stairwells.
Cost: $300,000.00
Source of Funding: Capital Reserve by budget transfer at titne of bid award
Action to be taken by Commissioners: Approve
------------------------------------
Follow-Up Required: N/A
---------------------------------------------------
Additional Requirements: N/A
Exhibit Material Enclosed :
x
Yes
No
TO:
Robert Hyatt
FROM:
Dwayne Childress
DATE:
May 30,2013
SUBJECT:
Bid 1304002 Parking Deck Renovations
Dear Sir,
I am writing you for conceptual approval and funding of the plan to cOlnplete needed
renovations of the Parking Deck. Among the work to be completed:
o Joint (Skim Coated) removal and replacelnent with caulking and
filling of non-structural cracks, deviations, and joints
o Removed and replaced 6,500 linear feet of silicone / elastomeric
joints that are to be between pre-stressed double tee shapes.
o Stop intrusion of water at all points around both stairwells and the
elevator shaft
o Install two new water drains
o Pressure wash and repaint the complete parking deck structure
o Construct three hip roofing systelns: two stairwells and one
elevator shaft
I realize the list above seems short; however, I have taken the liberty of attaching the complete
RFP that outlines and details all of the steps.
This work will be expensive; the engineer's estimate is $300,000.00. As we were lnoving
along with this project I had some contractors review different parts of the work and I believe the
market analysis cost will be $280,000.00. This does not include any contingency funds for
unknown items that may be found once we begin the project. The engineer and/or lny staff will
be reviewing all work that is completed assuring the quality of work. Just to be clear, this will be
competitively bid by general contractors, so once those responses are received, I will COlne back
before the Board and request the award. In addition, the Facilities Comlnittee wants this project
placed on the AGC's (Association of General Contractors) website as well as the County's own
website.
Therefore, it is my recommendation that we accept the RFP as written and move forward
with bidding these renovations. If you have any questions, do not hesitate to contact me at 2422030.
Respectfull y submitted,
Dwayne Childress
Support Services Director
Davidson County
COUNTY OF DAVIDSON
REQUEST FOR PROPOSALS
RFP #1304002
TITLE: Parking Deck Repair Bid
USING AGENCY: Support Services Department
ISSUE DATE: April 22, 2013
ISSUING AGENCY: Support Services Department
Sealed Proposals subject to the conditions made a part hereof will be received until 2:00 p.m.,
on Wednesday May 8, 2013 for furnishing services described herein.
SEND ALL PROPOSALS DIRECTLY TO THE ISSUING AGENCY ADDRESS AS SHOWN
BELOW:
DELIVERED BY US POSTAL SERVICE
RFP #1304002
County of Davidson
Support Services Department
PO Box 1067
Lexington NC 27293
DELIVERED BY ANY OTHER MEANS
RFP #1304002
County of Davidson
Support Services Department
925 North Main St
Lexington NC 27292
IMPORTANT NOTE: Indicate firm natne, which is County of Davidson. The RFP number,
which is above, on the front of each sealed proposal envelope or package, along with the date for
receipt of proposals specified above.
Direct all inquiries concerning this RFP to:
Engineer
David Black, P .E.
(336) 309-0498
NOTE: OPTIONAL PRE-BID CONFERENCE:
For all prospective bidders is scheduled for 9:00 a.m. Tuesday, April 30, 2013 at the
Support Services Department. Attendance at this conference is not a prerequisite for
consideration of a bidder's proposal. Copies of the bid package will be available at the
pre-bid conference. Prospective bidders are encouraged to subtnit written questions in
advance. Address is listed above. The walk-throughs will be scheduled later.
It is the bidders' responsibility to assure that all addenda have been reviewed.
The period for questions will end on Friday May 3, 2013 at noon.
Parking Deck Repair Bid
General Requirements
Bid #1304002
1. The undersigned Bidder proposes and agrees if this bid is accepted to enter into an
agreement with Owner in the form included in the bidding documents to perform all work
as specified or indicted in these documents, for prices and within the time indicated in the
bid and in accordance with the other terms and conditions of bidding doculnents.
2. Bidder accepts all of the terms and conditions of the RFP, including without 1ilnitation
those dealing with disposition of bid security. This bid will remain subject to acceptance
for 60-days after the bid is opened or such longer period of tiIne that Bidder may agree in
writing upon request of the Owner. Bidder will sign and submit the Agreement and other
documents required by the Bidding Documents within 10-days after the date of Owner's
Notice of Award.
3. The maximum mnount of work to be sublet shall not exceed 75% of the total of work bid,
in other words, the Contractor must self-perform 25% of the total mnount of work bid.
4. Bidder has exmnined and carefully studied the Bidding Documents, the other related data
identified plans in the RFP all of which is hereby acknowledged the 3rd Street Parking
Deck.
5. Bidder has visited the site and become fmniliar with and satisfied as to the general, local,
and site conditions that may affect cost, progress and performance of the work.
6. Before the contract is awarded, the successful contractor Inust provide proof of insurance
of the following minimum amounts:
A General Liability
B Workers Compensation
$1,000,000 each occurrence
Workers Compensation Statutory Limits
Workers Compensation is required regardless of the number of employees or if you are selfemployed. Any questions concerning insurance requirelnents should be directed to the
County's Risk Manager, Jim Price at 336-242-2917.
7. Bidder has carefully studied all reports of explorations and tests of subsurface conditions at
or contiguous to the site and all drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the site, which have been identified in
the RFP.
8. Bidder does not consider that any further examinations, investigations, explorations, tests,
studies, or data are necessary for the detennination of the this bid or perfonnance of the
work at the prices bid and within the times and in accordance with other terms and
conditions of the RFP.
9. The RFP is generally sufficient to indicate and convey understanding of all tenns and
conditions for the performance of work for which this bid is submitted.
10. Bidder further represents that this bid is genuine and not made in the interest of or on
behalf of any undisclosed individual or entity and is not submitted in conformity with any
agreement or rules of any group, association, organization, or corporation; Bidder has not
directly or indirectly induced or solicited any other bidder to submit a false or sham bid;
Bidder has not solicited or induced any individual or entity to refrain from bidding and
bidder has not sought by collusion to obtain for itself any advantage over any other bidder
or over owner.
11. Bidder agrees that work will be substantially completed within 120-calandar days and
completed and ready for final payment in accordance with the RFP, after the
commencement of contract time.
12. Davidson County reserves the right to reject any and/or all bids or to waive any infonnality
that may be permitted by law.
13. The bidder is required to follow Inanufacturer's guidelines for all materials including
temperature limitations and best practices unless approved by the engineer.
14. Mobilization Cost can be no more than 7.50/0 of total cost.
15. Before award bidder's safety progratn Inust be sublnitted for review.
16. All bids must have attached a bid bond in the amount of 5% of the total bid. An acceptable
bid bond is a cashier's check, certified check, money orders, and a bid bond document from
a surety company licensed to do business in North Carolina. All checks and money orders
must be Inade payable to County of Davidson. All other forms of bid bonds are not
acceptable and will result in the rejection of bid for being non-responsive; this will include
but not limited to personal checks and/or COlnpany checks.
17. Performance bonds are required for the full (100%) amount awarded to the contractor to be
retained until all work is accepted. The contractor shall allow 30-days for payment of
Inobilization costs and also one progress payment when 50% of work is cOlnpleted and
signed by engineer.
18. Tentatively awards will be Inade on May 14,2013, which would be the next regularly
scheduled Board meeting after the bid opening.
19. The Contractor will have to obtain a building permit on behalf of the County through the
City of Lexington and the cost of the permit will be the responsibility of the awarded
bidder.
Scope of Work
The Davidson County 3rd Street Parking Deck in Lexington is approxiInately 15 years old and
shows signs of water leakage through the top level and subsequently has datnage to lower levels
due to age and leaking. This RFP outlines the scope of services requested and partially estimated
quantities. The bidder shall provide the labor, Inaterials requested and described, equiplnent and
qualified supervision to complete all work described below. The bidder shall fatniliarize
themselves with the work and Inake their own estimate as related to quantities of materials and
all work needed to complete the project, although various quantities mayor may not be provided.
Photos are only included to establish expectations of work throughout the parking deck. There is
no intent to represent the quantity of work through the photos included. The intent of the RFP is
to repair and reseal any and all areas needed using the methods and materials described or their
equivalent based on acceptance by the engineer. In addition, the cost of using cones to separate
work areas from traffic will be included.
1. Joint (Skim Coated) relnoval and replacement with caulking and filling of non-structural
cracks, deviations, and joints (see photos).
3. The existing parking deck has approxiInately 6,500 linear feet of silicone / elastomeric joints
are to be removed and replaced between pre-stressed double tee shapes. This will require
cleaning of the joint bonding surfaces using a mechanical wire brush technique, and
sandblasting, grinding and patching all surface deviations adjacent to the joint.
4. Kelly grout (two-part epoxy) mixed with mortar shall be used to repair the deviations greater
than ~ inch in width along the joint, and all deteriorated or spalled concrete surfaces.
Proposed zinc rich paint for "cold galvanizing" shall be sublnitted and approved by the
engineer or be on the NCDOT approved list for similar applications.
5. New backer rod and Dow Coming 888 silicone shall be required to replace the joint material.
6. Below these joints are flange to flange steel connectors (approximately 1,365 each) which are
to be completely cleaned of rust then cold galvanized using two coats of zinc rich paint.
7. At closure pours between the double tees, there are longitudinal cracks that need routing and
sealing using 888 silicone, which are approxiInately 6-areas: the elevator entrance top level,
spalled concrete shall be removed and replaced up to 2 inches in depth using high strength
grout and method to be approved by the engineer. Areas if removal will be identified by
sounding which is using a steel rod dropped vertically by hand to detect hollow sounds.
8. Vertical surfaces at the elevator/stairs and at spandrel to wall connections, deteriorated grout
shall be repaired, caulking removed and replaced at the square connectors these steel
connectors are thoroughly cleaned of rust and cold galvanized with two coats of zinc rich
paint. At block to wall connections along all exterior perilneter locations, relnove existing
caulking check connections and reinstall 888 silicone. Bidder shall allow tilne for the
inspection of all connectors by the engineer after cleaning and relnoval of rust.
9. Guard railing at all levels Inade of steel piping: clean base plates and cold galvanize prior to
repainting as described above (two coats of zinc rich paint) using like colors. Any
deteriorated grout adjacent to the spandrel connections shall be patched using Kelly Grout
and mortar. These areas will need to be inspected when rust and defective concrete is
relnoved, and prior to covering areas.
10. Approximately 1,000 linear feet of skim coated joints shall be cleaned out, patched as needed
and caulked with Die 888 silicone (areas adjacent to square connectors). This work is prep
for repainting and shall be neat and of good workmanship.
11. On the first level down from the top below the northeast stairwell, thermal changes, water
intrusion and possibly settling has resulted in a non-structural damage to the underside of a
support area. Approximately 2 square feet of surface mortar needs repair using "Kelly Grout"
and mortar as described in other area of this scope of work. Photo included in this RFP.
Exposed steel is to be cleaned and cold galvanized. All loose or damaged material shall be
removed and inspected prior to patching.
12. Two drains will need to be installed near Stairwell West and connected to existing drainage
system (see drawings for details). In addition, for these locations as long as there is a
minilnuln of 3" clear between the stems and the edge of the cores and 4" clear between the
edge of plates and edge of cores. (The plates will probably be seen in the wall but there
should be corresponding (hidden) plates in the double Tees.) Also, the drains should be
located no closer to the walls then centered on the end of the pour strip (which is about 2' -0"
away from the wall.)
13. All drainage structures and piping shall be inspected and verified to work.
14. All waste material shall be disposed of properly.
I
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0512912013
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1~~ICIIIIalIDBY'
MDR D.B. BLACK
PROJEcr
DAVIDSON COUN'lY
PARKING DECK
PROPOSED DRAIN LOCATIONS
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CUSTOMER
BLACK ENGINEERING
1945 TYRO SCHOOL ROAD
LEXINGTON, NC 27295 336-309-0498
Keligrout by Kelken is a high strength polyester resin anchoring material for vertical or a...
Page 1 of 1
emical Structural Anchoring Systems and Accessories
Phone: (732) 416-6730 • Fax: (732) 416-6733 • [email protected] • [email protected]
Home> Catalog> Keligrout""
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Products
I KELIGROUTTM
IInstructions I Information
• KeligrouF
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Vertical application or angled down.
Keligrout™ is a superior high strength
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• Kelianchors™
• Kelipoxy IITM
• Keligrit'"
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The certainty of "powder" catalyst, easily
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KeligrouF M Instructions
Keligrout"" Installation
Keligrout™ Volume Chart
Keligrout™ Applications
Superior High Strength
Polyester Resin
• Equipment
Can be used at sub freezing temperatures
or in rainy weather.
Information
• Applications & Technical
Oata
• Catalog
• Where to Buy
• Contact Us
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Sidewall
Instructions
KeligroutT~l
M
May be used under water.
*Refer to Keligrout Technical and Installation Information.
Keligrout™ Technical Data
Color: Gray
Compressive Strength: (ASTM 0695), 17,000PSI
• MSOS Sheets
Tensile Strength: (ASTM 0638), 5,510PSI
Tensile Modulus: (ASTM 0638), 1.14 x 10 6 PSI
Flexural Modulus: (ASTM 0790), 1.06 x 10 6 PSI
Temperature Range Ouring Installation: 10°f to 110°f
Temperature Range While in Use: -40°f to 200°f
Open Time: 20 minutes at 70°f, 10 minutes at 80°f,S minutes at 90°f
Keligrout™
Sizes
Part Number
Packaging
1 Qt. (30o/z)
1KG1Q
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Info
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Phone: (732) 416-6730 • Fax: (732) 416-6733
550 Hartle Street. Suite C • Sayreville, NJ 08872
Copyright © 2001-2013 Kelken Construction Systems
All Rights Reserved.
http://www.kelken.comlkelken-keligrout-pol yester-resin.html
5/9/2013
Keligrout by Kelken is a high strength polyester resin anchoring material for vertical or a...
Page 1 of 1
Chprf,ir.::\1 Structural Anchoring Systems and Accessories
Phone: (732) 416-6730 • Fax: (732) 416-6733 • [email protected] • [email protected]
Home> Catalog:> Keligrout""
I
Products
I KELIGROUTTM
IInstructions / Information
• Keligrout"
• Keligrout rr" 101-P
Vertical application or angled down.
KeligroutTM is a superior high strength
polyester resin anchoring material with
guaranteed pullout values exceeding ACI349-85.
• Kelianchors™
• Kelipoxy IIrr~
• KeligritTM
Keligrout"" Instructions
Keligrout HO Installation
Keligrout" M Volume Chart
• Kelisliprr"
Hand Mixed & Pour
• Cemkel™
• PowerPush rr~
The certainty of "powder" catalyst, easily
stirred into resin, then poured into hole.
Keligrout™ Applications
Superior High Strength
Polyester Resin
• Equipment
Can be used at sub freezing temperatures
or in rainy weather.
Information
Applications & Technical
• Data
• Catalog
• Where to Buy
• Contact Us
• Newsletter
• Company Information
I
Keligrout™ Sidewall
Instructions
M
May be used under water.
*Refer to Keligrout Technical and Installation Information.
Keligrout™ Technical Data
Color: Gray
Compressive Strength: (ASTM D695), 17,000PSI
• MSDS Sheets
Tensile Strength: (ASTM D638), 5,510PSI
Tensile Modulus: (ASTM D638), 1.14 x 10 6 PSI
Flexural Modulus: (ASTM D790), 1.06 x 10 6 PSI
Temperature Range During Installation: 10°f to 110°f
Temperature Range While in Use: -40°f to 200°f
Open Time: 20 minutes at 70°f, 10 minutes at 80°f,S minutes at 90°f
KeligroutTM
Sizes
Part Number
Packaging
1 Qt. (30o/z)
1KG1Q
6 per case
1/2 QT. (16o/z)
1KG12Q
6 per case
Home Page
I Catalog I Where
to Buy
I Applications I General
Info
I Contact
Us
Phone: (732) 416-6730 • Fax: (732) 416-6733
550 Hartle Street. Suite C • Sayreville, NJ 08872
Copyright © 2001-2013 Kelken Construction Systems
All Rights Reserved.
http://www.kelken.comlkelken-keligrout-polyester-resin.htm1
5/9/2013
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GENERAL PROPERTIES: ZRC® is a high-qualitycold galvanizing compound
based on a trade secret organic binder which affords true galvanic anticorrosion protection to metals. The dried film of ZRC is 95~1.) metallic zinc.
Because of the uniqueness of the formulation, ZRC is the only coating of its
type to be recognized under the Component Program of Underwriter'S
Laboratories. Inc.
RECOMMENDED USES: ZRC is widely used without topcoat in place of hotdip galvanizing. Also used as a highcperformance base coat with a variety of
topcoats. Used for repair of damaged hot-dip galvanizing Galvalume® and
zinc metallizing, regalvanizing worn hot-dip galvanizing. repair of weldments,
and repair of damaged inorganic zinc coatings. Excellent for long-term
protection of structural steel, water and waste facilities, power plants,
transmission towers and antennae, steel decking and bridges, and numerous
OEM uses.
SUBSTRATES: Apply to properly prepared carbon steel, cast iron, hot-dip
galvanized, and aluminum surfaces.
NOT RECOMMENDED FOR: Contact with potable water, strong acids or
strong alkalis
TEMPERATURE RESISTANCE (non-immersion):
Continuous: 350 u F max!17rC max
Non-Continuous: 750°F max/399°C max
SALT FOG EXPOSURE: 2,852 Hours (ASTM B117)
PROHESION/QUV EXPOSURE: 2,000 Hours (ASTM 05894)
VOC: 3.3 Lbs/gal (385 gms/Ur) (ASTM 03960)
Architectural Specifications:
~
~
~
http://www.zrcworldwide.com!p_zrc.asp
iii
iii
iii
Suggested Specification Verbiage
CSI Format Specification
Outline Specification
5/912013
ZRC - ZRC Cold Galvanizing Compound
Page 2 of2
To the best of our knowledge the technical data contained herein are true and accurate at the
date of issuance and are subject to change without prior notice. User must contact ZRC
Worldwide to verify correctness before specifying or ordering. No guarantee of accuracy is given
or implied. We guarantee our products to conform to ZRC Worldwide quality control. We assume
no responsibility for coverage. performance, or injuries resulting from use. Liability, if any is
limited to replacement of products. Prices and cost data, if shown, are subject to change without
prior notice. NO OTHER WARRANTY OR GUARANTEE OF ANY KIND is made by ZRC
Worldwide, EXPRESS OR IMPLIED, STA TUTORY, BY OPERA TlON OF LA W, OR
OTHERWISE, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
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http://www.zrcworldwide.comlp_zrc.asp
5/912013
Product Information
Silicone
Sealants
FEATURES
•
•
•
•
•
•
•
Can be extruded from -20 to 120°F
Unprimed adhesion to Portland
cement concrete
May be used in joints that are not
uniform in width
Movement capability 100%
extension and 50% compression
Low modulus
Weather and UV resistant
Meets or exceeds the requirements
of ASTM D5893
BENEFITS
•
•
•
•
•
•
One component, cold applied,
ready-to-use as supplied; dispensed
directly from the bulk container
into the joint by hand or with an
air-powered pump.
Unprimed adhesion - primer is not
required for bonding to Portland
cement concrete. For optimum
adhesion, the surface must be
clean, dry and frost-free.
High movement capability; 100%
extension and 50% compression.
Low modulus.
Weather and UV resistant.
Cure time - typically, the sealant
will have a skin-over time of one
hour or less at standard conditions.
Dow Corning® 888 Silicone Joint
Sealant
Non-sag silicone joint sealant for Portland cement concrete
pavement joints.
DESCRIPTION
Dow Corning® 888 Silicone Joint Sealant is a one-part, non-sag silicone material
that cures to a low-modulus silicone rubber upon exposure to atmospheric
moisture. Can be applied over a wide temperature range.
APPLICATIONS
•
•
Dow Corning 888 Silicone Joint Sealant can be used for concrete to concrete
pavement joints.
For use in new construction, repair or remedial applications. Dow Corning 888
Silicone Joint Sealant may be used to seal joints that are not uniform in width
provided the movement capability of the sealant is not exceeded. May also be
used injoints with minor spalling.
TYPICAL PROPERTIES
Specification Writers: These values are not intended for use in preparing
specifications. Please contact your local Dow Coming sales office or your Global
Dow Coming Connection before writing specifications on this product.
Test
Property
05893
Requirement
As Supplied
ASTM
ASTM
ASTM
ASTM
ASTM
ASTM
02202
C 1183
C 679
C 792
C 661
0792
COMPOSITION
•
Result
One-part, cold applied, non-sag
silicone sealant.
ASTM 0412
(Die C)
ASTM 0412
(Die C)
Gray
Color
Pass
Slump
Extrusion Rate, minimum
72 mL/min
Pass
Tack Free Time
Heat Aging
3.05%
15
Ourometer Shore A-2
1.48
Specific Gravity
Cure Time, 1/2" x I /2"x2"
Pass
(73°F, 50% R.H.)
As Cured - 21 days at 25°C (77°F) and 50% RH
Bond, Non-Immersed
Pass
<0.30 inches
20 mL/min
5 hours max
10% loss max
25 maximum
21 day Cure
Bond, Water Immersed
Pass
Bond, Oven Aged
Pass
Ultimate Elongation
~IOOO%
No cracks or
separation
No cracks or
separation
No cracks or
separation
600% min
Tensile Stress @ 150%
28 psi
45 psi max
HOW TO USE
TYPICAL PROPERTIES (con't)
Please refer to the Dow Corning
Silicone Pavement Sealants
Installation Guide 61-507N-Ol
Test
Property
Result
05893
Requirement
ASTM C 793
Effects of Accelerate Weathering
Resilience
Joint Movement Capability,
+ 1001-50 percent, 10 cycles
Pass
77%
No failure
5,000 hours
75% min
HANDLING
PRECAUTIONS
Caution: Before handling sealant,
read product and material safety
data sheets for detailed use and
health information.
This product contains a proprietary
acetamidosilane that liberates Nethyl acetamide (N-EA) during
cure. N-EA may cause birth defects
based on animal data. Toxicology
studies indicate that repeated,
pro-longed overexposure to N-EA
causes an adverse reproductive
effect in lab-oratory animals. Avoid
breathing vapors. Do not use in
poorly ventilated spaces. Avoid
prolonged skin contact. KEEP
OUT OF REACH OF CHILDREN.
Fully cured sealant is
nonhazardous.
PRODUCT SAFETY INFORMATION REQUIRED FOR SAFE
USE IS NOT INCLUDED IN
THIS DOCUMENT. BEFORE
HANDLING, READ PRODUCT
AND MATERIAL SAFETY
DATA SHEETS AND
CONTAINER LABELS FOR
SAFE USE, PHYSICAL AND
HEAL TH HAZARD
INFORMATION.
THE MATERIAL SAFETY
DATA SHEET IS AVAILABLE
ON THE DOW CORNING WEB
SITE AT DOWCORNING.COM,
OR FROM YOUR
DOW CORNING SALES
APPLICATION ENGINEER, OR
DISTRIBUTOR, OR BY
CALLING DOW CORNING
CUSTOMER SERVICE.
USABLE LIFE AND
STORAGE
Keep stored in original, unopened
containers at or below 32°C (90°F).
Refer to product packaging for
ASTM C719
ASTM: Amelican Society for Testing and Materials.
Figure 1: Good Joint Design
:-1-:
I
I
I
1-1-1
I
I
I
I
I
I
I
@
Shallow Cut Joint for
New Construction
Shmdtu'd Joint
Design if Grinding is
Al1.ti.cipated
1. Joint width wide enough to accommodate movement. (For additional information on
joint width, see papers by Spells and Klosowski, "Silicone Sealants for Use in
Concrete Construction," Vol. I, No.1, American Concrete Institute, SP-70, 1981;
J.8. Cook, "Construction Sealants and Adhesives," Wiley-Interscience, 1970; and
J.M. Klosowski, "Sealants in Construction," Marcel Dekker, 1989.)
2. Joint sawed deep enough to allow backer rod/sealant placement and space for
pumping of old sealant compounds. NOTE: This applies to standard joints only; void
space beneath backer rod in new construction is not needed.
3. Proper backer rod placement to prevent three-sided adhesion.
4. Sealant installed to proper depth and width.
5. Sealant recessed a minimum of3/8 inch to 1 /2 inch (9.53 mm to 12.7 mm) below
pavement surface.
6. Depth of lowest slab detennines the amount of recess required if grinding is
anticipated; once grinding is complete, the sealant will have proper recess below the
pavement surface.
"Use By" date. Keep containers
tightly closed.
PACKAGING
INFORMATION
Dow Corning 888 Silicone Joint
Sealant is supplied in 29-fl oz (857mL) dispos-able plastic cartridges,
4.5-gal (17-L) bulk pails, and 50gal (189-L) bulk drums.
LIMITATIONS
Dow Corning 888 Silicone Joint
Sealant is not recommended for
continuous water immersion. It
should not be applied in totally
confined spaces where the sealant
is not exposed to atmospheric
moisture.
Not intended for use with asphalt.
The sealant should never be applied
to wet or damp concrete
pavements or installed during
inclement weather.
Dow Coming does not promote or
warrant the use of Dow Corning@
brand sealants in applications
Dow Corning is a registered trademark of Dow Corning Corporation.
We help YOIl invent the/lItllre is a trademark of Dow Corning Corporation.
«J1997-2012 Dow Corning Corporation. All rights reserved.
2012. April 4
Ref. No. 61-40SM-O 1
2
associated with spill containment
areas of any kind.
This product is neither tested nor
represented as suitable for medical
or pharmaceutical uses.
SHIPPING LIMITATIONS
None.
HEALTH AND
ENVIRONMENTAL
INFORMA TION
To support customers in their
product safety needs, Dow Coming
has an extensive Product
Stewardship organization and a
team of Product Safety and
Regulatory Compliance (PS&RC)
specialists available in each area.
For further information, please see
our website, dowcoming.com or
consult your local Dow Coming
representati ve.
LIMITED WARRANTY
INFORMATION PLEASE READ
CAREFULLY
The information contained herein is
offered in good faith and is
believed to be accurate. However,
because conditions and methods of
use of our products are beyond our
control, this information should not
be used in substitution for
customer's tests to ensure that our
products are safe, effective, and
fully satisfactory for the intended
end use. Suggestions of use shall
not be taken as inducements to
infringe any patent.
Dow Coming's sole warranty is
that our products will meet the
sales specifications in effect at the
time of shipment.
Your exclusive remedy for breach
of such warranty is limited to
refund of purchase price or
replacement of any product shown
to be other than as warranted.
DOW CORNING
SPECIFICALL Y DISCLAIMS
ANY OTHER EXPRESS OR
IMPLIED WARRANTY OF
FITNESS FORA
PARTICULAR PURPOSE OR
MERCHANT ABILITY.
DOW CORNING DISCLAIMS
LIABILITY FOR ANY
INCIDENTAL OR
CONSEQUENTIAL DAMAGES.
We help you invent the future. ™
dowcorning.com
Table 1: Recommended Backer Rod Installation (Shallow Cut)1
Measured in Inches
Joint Width
>1
1/4
3/8
1/2
3/4
3/8
114
3/8
114
3/8 to 112
3/8 to 112
112+
Contact
114
3/8
1/2
11/8 - 11/4
5/8
11/4 -1 3/ 8
7/8
Corning
Total Joint Depth
3/8
1 - 11/8
112
11/4
15/ s -1 3/ 4
i/4 - 23/S
Measured in Millimeters
Joint Width
6
9
13
19
25
Recessed Below Surface
9
9
9 to 13
9 to 13
13+
Sealant Thickness
6
6
6
9
13
Backer Rod Diameter
9
13
16
22
32
Total Joint Depth
25 - 29
29 - 32
32 - 35
41 - 45
57 - 60
Recessed Below Surface
Sealant Thickness
Backer Rod Diameter
Dow
'On road surfaces where grinding is planned at a later date, the sealant and backer rod should be installed so that sealant is approximately 3/8 inch (9.35 mm)
below the road sUliace after gJinding is complete. An additional small amount should be added to allow for sUliace impeJiections on the bottom and to
provide room for old sealant to pump up fi'om below dUling rehabilitation work in the summer months.
Dow Corning is a registered trademark of Dow Corning Corporation.
We help YOIl inl'elll the jlllllre is a trademark of Dow Corning Corporation.
2012. April 4
Ref. No. 61-40SM·0 I
C01997·20 12 Dow Corning Corporation. All rights reserved.
3
e and Repair Spa lied Concrete at Elevator
Top level, using an approved high strength grout and bonding agent. Areas identified with sounding.
Approximate depth of patch will be 2". Remove by sawing and chipping with max 30lb air hammer.
ve Caulk, cold galvanize with 2 coats of zinc rich
paint and re-caulk using DIC 888 Silicone. Remove skim coating at all joints and caulk with 888.
loose concrete using cold
chisel squaring up edges. Fill voids with "Kelly Grout" two paJi epoxy with mortar to repair, Remove
Rust, Cold Galvanize with two coats zinc rich paint.
ean rust from all steel guard bases and cold
galvanize with zinc rich paint, all locations. Repaint full length of guard on all levels using same color.
ut cracks, clean with pressurized dry air, and seal with DIC
888 Caulk. These poured in place sections are on all levels, approximately 6 areas.
Example of guard anchors and connectors needing rust removed and cold galvanizing, horizontal skim coat
(rt.) at pre-cast joint to be removed and replaced with 888 caulking, concrete repair using "Kelly Grout"
with m0l1ar around
I tie back.
Remove caulk and skim coat from connector area, remove rust and cold galvanize steel, re-install 888.
Horizontal joints-remove skim coat and seal with 888 in preparation for painting. Must be neat.
oute and seal cracks with 888
Remove bad concrete,
repair with Kelly Gout and the replace caulking with 888
ip out bad
Above, remove bad concrete, cold chisel to establish
repair area, replace with Kelly Grout and Mortar, replace caulking with 888. On below photo, cold
lvanize base. Remove Caul
for
and Replace with 888 Caulking.
Saw cut to a square shape minimum of24", dowel into one side with #4 bars with epoxy adhesive
connection, caulk one side to create. working joint at all locations on sidewalk where this condition exists.
Remove and reseal all caulking at sidewalks with 888 silicone.
All drainage structures need to be checked for cracking and bad concrete, repaired with Kelly Grout and
mortar, and/or cracks sealed with low viscosity epoxy injection such as Methyl methacrylate (epoxy
injection) for protection against freeze thaw. Contractor shall investigate drainage system as a whole and
remove any debris, insure drainage system working.
All joints between pre-stressed members to be replaced throughout parking deck. Damaged areas greater
than 1;4 in. to be squared up and repaired with Kelly Grout and mortar and ground or formed to create joint.
If painting option awarded, all drainage pipes that are non-PVC will be painted with zinc rich paint.
Remove salts, solids deposited on structural members. This will be needed even if painting not included in
the contract.
Proposal Page
Parking Deck Repair Bid: Joint Repair / Replacement
Bid #1304002
Cost for the services requested in the tninimum specifications attached.
Scope of Work: Joint Replacement
Unit Pricing:
Mobilizaton Cost
Structural Repair
Skim Coated Joints
Guard Railing
Longi tudinal Cracks
Flange to Flange Steel Connectors
Joint Retn/repl with BR and Sil.
New Drains & Connections
Inspection/Clean Out of Drainage System
Total Cost
Extended
Unit Price
1
2
1000
450
400
1365
6500
2
1
EA
SF
LF
LF
LF
EA
LF
EA
EA
x ----x ----x ----x ----x ----x _____
x ----x _____
x _____
lump sum
per sf
per ft
per ft
per ft
perea
per 1 If
perea
lumpsum
$_----
Scope of Work
1. Pressure wash and repaint the complete parking deck structure on the inside and outside areas,
excluding the pre-stressed double tee members.
2. All signs shall be removed and then replaced after painting.
3. Paint material will be Sherwin Williatns primer (or equivalent, to be detennined by engineer)
and then surface coat to be submitted for approval. (Rate of Paint to be used is per
Manufacturers' Infonnation)
4. Generally any and all areas previously painted shall be repainted.
5. This work will not include the interior of stairwells but does include the exterior areas on all
sides and all doors, along with attendant's booth at the entrance.
6. Bidder will be required to provide man-lifts, bucket truck, or other approved Ineans to paint
exterior surfaces.
7. Steel doors shall be cleaned with proper equiplnent to relnove rust, and then painted with twocoats of zinc rich paint by spraying.
8. Brush or roller painting will only be allowed on touch-up operations.
9. Approxilnately 40,000 square feet per coat.
10. The contractor shall protect all private property from accidental painting and no paint is to be
left on the concrete driving areas within levels or shall be relnoved at no cost to Davidson
County.
11. The contractor shall use poly or other Ineans to protect areas.
12. Top level and ramp, pressure wash exposed surfaces completely and apply "Sika Guard
701 W" at the rate of 125 square feet per gallon to all horizontal surfaces and 24 inches up on
vertical walls per manufacturers' guidelines.
13. Both Inetal stairwell structures are to be sandblasted (where needed), primed and repainted.
14. The sublnitted bid Inust specify the atnount of paint needed to do the job and that Davidson
County reserves the right to supply the materials and discount from the bid price the savings
produced by doing so. If the contractor exceeds the requested amount in the bid, the cost of
additional materials is the contractor's responsibility.
Product Data Sheet
Edition 7.23.2009
Identification no. 632
Sikagard 701W
Sikagard® 701 W
Solvent-free, siloxane
emulsion concentrate
Sikagard 701W is a solvent-free concentrate of silane modified siloxane emulsion. When diluted, the liquid forms a water and chloride-ion repellent impregnation specifically formulated
to seal absorbent cementitious surfaces and other masonry substrates.
• When diluted, use Sikagard 701W as a colorless, non-vapor-barrier, water and chloride
ion-repellent impregnation for absorbent materials.
• Treat concrete bridges, roadways, runways, parapet walls, precast, beams, columns,
curbing, retaining walls, pavers, etc.
• Treat both new and existing structures.
• Treat masonry brickwork, stucco, etc.
• Porous architectural curtainwall panels.
• Use on steel-reinforced structures to reduce the corrosion and latent damage potential of
chlorides.
Sikagard 701W is both an economical and simple-to-use sealer. Because of its unique
ability to decrease water and chloride intrusion, Sikagard 701W helps reduce the danger of
rebar corrosion.
Sikagard 701W:
• Meets the standards of acceptability for concrete sealers established in NCHRP Report #244.
• Enhances concrete integrity.
• Reduces efflorescence.
• Improves resistance to frost and deicing salts (chloride ion).
• Reduces dirt penetration.
• Does not act as a vapor barrier.
• May be applied to alkaline substrates.
• Will not degrade under UV exposure.
100-250 sq. ft./gal., (diluted concentrate) depending on porosity of substrate. For proven
results against chloride-ion intrusion, 125 sq. ft./gal. is recommended.
5 gal. pail.
Typical Data (Material and curing conditions @ 73°F (23°C) and 50% R.H.)
.---..----..-....
--.-~--.-.--.-
..-..- ...
-.--.--.---.--.--------------..---.-.-.----..-.--.--.----.--.----.-
Shelf Life
1 year in original, unopened containers (undiluted).
Storage
Store dry at 40°-95°F (4°-35°C). Condition material to
65°-75°F (18°-24°C) before using. Protect from freezing.
Color
white/opaque liquid
Mix Ratio
1 gal: 4 gal. tap water yields 5 gals. of sealer
Viscosity
Approximately 5-20 cps.
% solids
50% (silane modified siloxane polymer)
% Non volatiles (ASTM 0-5095)
Active level: 10% Solids: 10%
VOC
211 g/I
46 g/I as diluted
Flash Point
212°F
NCHRP244 Report Series 2 Test
Reduction in Water Absorption
91 %
Water Vapor Transmission
100%
Reduction in CI ion intrusion
90%
Federal Spec SSW -110C
Water absorption 0.97%
Surface Preparation
Before applying Sikagard 701W, be sure surface is clean and sound. The best impregnation is achieved on a dry, very absorbent substrate. Remove all grease, curing compounds,
surface treatments, coating, oils, etc.
Preparation Work: Concrete and masonry surfaces, sandblast, high pressure water blast or
use other mechanical means.
Dilute Sikagard 701W concentrate with tap water in an appropriately sized mixing container.
Mix with a low speed (400-600 rpm) drill with Sika paddle or comparable drum mixer until
uniformly blended. Make sure paddle is completely covered so as not to entrain air. For best
results, Sikagard 701W should be remixed if unused 24 hours after blending with water.
Apply by roller, brush (horizontal surfaces), or spray. Any pooling of water repellent indicates
overdosing on a dense substrate while rapid absorption indicates a porous substrate. Variations in concentration down to 8: 1 for dense substrate~ or coverage area, and/or multiple
wet-on-wet applications for porous substrates may be utilized to achieve optimal substrate
treatment. Preliminary site test application is recommended to determine effective coverage
and performance. Maximum water repellency is generally realized in 72 hours, but may
take longer depending on surface and atmospheric conditions.
Limitations
• Adjacent surfaces such as window frames, glass, stainless steel, aluminum, etc., must be
masked before application.
• Do not apply at a temperature below 40°F.
• Do not apply when substrate temperature exceeds 120°F.
• Material is not recommended for below-grade waterproofing.
• Do not apply through standing water.
• Material is not intended to seal visible cracks or crevices from moisture intrusion.
• Material is not intended for waterproofing under hydrostatic pressure.
• Performance and penetration depth are dependent upon the surface composition.
• Do not use on green concrete.
• When overcoating: an on-site adhesion test is essential to determine actual compatibility.
• Sikagard 701W is not a carbonation barrier.
Irritant; May cause skin/eye/respiratory irritation. Avoid prolonged contact. Use of safety
goggles and chemical resistant gloves is recommended. In case of PELs are exceeded, use
an appropriate, properly fitted NIOSH approved respirator. Remove contaminated clothing.
In case of skin contact, wash immediately and thoroughly with soap and water. If symptoms persist, consult a physician. For respiratory problems, remove person to fresh air; if
symptoms persist, contact a physician. In case of ingestion, dilute with water and consult a
physician. Remove contaminated clothing.
In case of spills or leaks, wear suitable protective equipment, contain spill, collect with absorbent material, and transfer to suitable container. Ventilate area. Avoid contact. Dispose of
in accordance with current, applicable local, state, and federal regulations. Uncured material
can be removed with water.
KEEP CONTAINER TIGHTLY CLOSED· KEEP OUT OF REACH OF CHILDREN· NOT FOR INTERNAL CONSUMPTION· FOR INDUSTRIAL USE ONLY
All information provided by Sika Corporation ("Sika") concerning Sika products, including but not limited to, any recommendations and advice relating to the
application and use of Sika products, is given in good faith based on Sika's current experience and knowledge of its products when properly stored, handled
and applied under normal conditions in accordance with Sika's instructions. In practice, the differences in materials, substrates, storage and handling conditions, actual site conditions and other factors outside of Sika's control are such that Sika assumes no liability for the provision of such information, advice,
recommendations or instructions related to its products, nor shall any legal relationship be created by or arise from the provision of such information, advice,
recommendations or instructions related to its products. The user of the Sika product(s) must test the product(s) for suitability for the intended application
and purpose before proceeding with the full application of the product(s). Sika reserves the right to change the properties of its products without notice.
All sales of Sika product(s) are subject to its current terms and conditions of sale which are available at www.sikacorp.com or by calling 800-933-7452.
Priorto each use of any Sika product, the user must always read and follow the warnings and instructions on the product's most current Technical
Data Sheet, product label and Material Safety Data Sheet which are available online at www sikaconstruction com or by calling Sika's Technical
Service Department at 800-933-7452. Nothing contained in any Sika materials relieves the user of the obligation to read and follow the warnings and
instruction for each Sika product as set forth in the current Technical Data Sheet, product label and Material Safety Data Sheet prior to product use.
LIMITED WARRANTY: Sika warrants this product for one year from date of installation to be free from manufacturing defects and to meet the
technical properties on the current Technical Data Sheet if used as directed within shelf life. User determines suitability of product for intended
use and assumes all risks. Buyer's sole remedy shall be limited to the purchase price or replacement of product exclusive of labor or cost of labor.
NO OTHER WARRANTIES EXPRESS OR IMPLIED SHALLAPPLYINCLUDING ANYWARRANTY OF MERCHANTABILITY OR FITNESS FORA PARTICULAR
PURPOSE.SIKASHALLNOTBEUABLEUNDERANYLEGAL THEORYFORSPECIALORCONSEQUENTIALDAMAGES.SIKASHALLNOTBERESPONSIBLE
FOR THE USE OF THIS PRODUCTINA MANNER TO INFRINGE ONANY PATENT ORANYOTHER INTELLECTUAL PROPERTY RIGHTS HELD BY OTHERS.
Visit our website at w w w . s i k a c o n s t r u c t i o n . c o m 1 - 8 0 0 - 9 3 3 - S I K A NATIONWIDE
Regional Information and Sales Centers. For the location of your nearest Sika sales office, contact your regional center.
Sika Corporation
Sika Canada Inc.
Sika Mexicana S.A. de C.V.
201 Polito Avenue
601 Delmar Avenue
Carretera Libre Celaya Km. 8.5
Lyndhurst, NJ 07071
Pointe Claire
Fracc. Industrial Balvanera
Quebec H9R 4A9
Corregidora, Queretaro
Phone: 800-933-7452
Fax: 201-933-6225
Phone: 514-697-2610
C.P.76920
Fax: 514-694-2792
Phone: 52 442 2385800
Fax: 524422250537
Sika and Sikagard are registered trademarks.
Made in the USA.
Proposal Page
Parking Deck Repair Bid: Exterior (Paint & Patchwork)
Bid #1304003
Lump Sum Cost for the services requested in the miniInum specifications attached.
Scope of Work: Paint, etc.
1.....-_--1,
***Choose one:***
A: Contractor supplied labor and material:
Unit pricing:
Mobilization
(I) LS
$_---
Sika Guard 701W application (45,000) X _ _ (bid per sf) =
$_ _ _ _
(80,000) X _ _ (bid per sf) =
$ _ _ __
Painting Labor & Material
Repair of doors
(5) X
(bid per ea.)
Door replacement
(2) X
(bid per ea.) =
$_---
Stairwell East
(1) X
(bid per ea.) =
$_---
Stairwell West
(1) X
(bid per ea.) =
$_---
$_ _ __
=
Total Cost:
A:
$- - - - - -
OR
1.....-_--',
B: Contractor supplied labor and County supplies material:
Unit pricing:
Mobilization
(1) LS
$_---
Sika Guard 701 W application (45000) X _ _ (bid per sf) =
$_---
(80,000) X _ _ (bid per sf) =
$_---
Painting Labor Only
Repair of doors
(5) X
(bid per ea.) =
$_---
Door replacetnent
(2) X
(bid per ea.) =
$- - - -
Stairwell East
(1) X
(bid per ea.) =
$_ _ _ _
Stairwell West
(1) X
( bid per ea.) =
$_ _ _ _
Total Cost:
Amount of County supplied tnaterial (per gallon):
Sika Guarq 701 W
Paint
B:
$- - - - -
Scope of Work: Hip Roofs
1. Construct three hip roofing systems: two stairwells and one elevator shaft.
2. Hip roof construction shall include anchoring and installation of required sill plates (to meet
uplift), Engineered trusses or code cOlnpliant dimensional metal framing for roof trusses, 5/8"
T&G OSB sheathing (or equal), Titanium roofing underlayment, 24 gauge standing seam roofing
(color to match Court House), matching guttering on the two sides over the parking deck and
matching downspouts, repair any masonry prior to installing hip roof system.
3. On the southwest stairwell there are some blocklbrick that needs repair prior to installing the
hip roof, this must be completed first.
Proposal Page
Parking Deck Repair Bid: Roof
Bid #1304004
Lump Sum Cost for the services requested in the minimum specifications attached.
Scope of Work: Roof
Unit pricing for extra work:
Block replacement (colored lTIortar) IOcf X_ _ _ per cf
$_---
Roof construction, etc.
LS
I X - - - total for 3 =
$_-----
Mobilization Cost
LS
I X _ _ _ Lump sum =
$- - - - - -
Total Cost
$_-----
WOOD TRUSS SYSTEM
,.<-----------2I'-O"'-----------7f
LOCATE GUITER ON DOOR SIDE
OF BUIlDING PIPE TO GROUND
MJrrAL FASCIA
EXISTING FLAT ROOF
ELEVATOR BUILDING
I
,.<-------13'-O"'---------7f
~
~ ~~
~~
SECTION TIIRU EVE
~ 8~~
~~~~
~U
110
".....-I
Jr./l
I
~
STAJRVVELLBUILDING
i~
M
~
;I
i
n
If
Summation Page
For All Scopes of Work
Scope of Work: Joint Replacement
Total Cost
$_----
Scope of Work: Paint, etc.
A or B
Total Cost
$_----
Scope of Work: Roof
Total Cost
$_----
Total Cost:
$_------
The undersigned certifies that their service being bid will meet or exceed the
Ininitnum specifications as presented in the attached bid package.
COlnpany N aIne
Telephone NUlnber
COlnpany Address
Date
Contractor's License Number
License Expiration
Signature of Bidder
Federal Tax IDI SS#
Date: June 11, 2013
Exhibit: Attached
ITEM:
I.2.
2013-2014 Fiscal Year Budget
ITEM INFORMATION: Attached for your review and consideration please find
the requested modifications to the 2013-2014 Fiscal Year Budget.
ACTION TO BE TAKEN:
Approve Budget Ordinance
FOLLOW-UP:
Davidson County
Budget Adjustment Sheet
2013-2014 Budget
Appropriated Fund
Balance
Increase
Increase
(Decrease)
(Decrease)
$
Beginning appropriation of Fund Balance
2,930,417
Revenue:
$
$
$
Expenditures:
Thomasville and Lexington Chamber of
Chamber of Commerce
$
-
(Increase)
Increase
Decrease
(Decrease)
(24,000)
$
.
24,000 Add funds to the Lexington and Thomasville
Commerce
Chamber of Commerce for Economic Development
for one year. Both Chambers will keep the money
separate from their operating budgets and
present a business plan on how the money will be
spent.
$
-
Total Adjustment to Fund Balance
$
24,000
Adjusted Appropriated Fund Balance
$
2,954,417
DAVIDSON COUNTY
RECOMMENDED BUDGET ORDINANCE
FOR FISCAL YEAR 2013-2014
Be it ordained by the Board of Commissioners of Davidson County, North Carolina that the following anticipated fund revenues and departmental
expenditures together with a Financial Plan for the Internal Service Funds are hereby appropriated and approved for the operation of the county government
and its activities for the fiscal year beginning July 1, 2013 and ending June 30, 2014.
Summary by Funds
RECOMMENDED
Governmental Fund Types:
General Fund
Mental Health Fund
DavidsonWorks
$122,698,888
$809,344
$1,689,861
$125,198,093
Special Revenue Funds:
Fire District Fund
Transportation Fund
Revaluation Fund
Special School District
Emergency Telephone Fund
Capital Improvement Project Plan
School Capital Outlay Fund
Total Special Revenue Funds
Total Governmental Fund Types
Proprietary Fund Types:
Internal Service Funds:
Garage Fund
Insurance fund
Workers Compensation fund
$7,868,441
$1,416,078
$1,525,000
$527,796
$16,667
$2,064,552
$13,418,534
$138,616,627
$1,903,498
$7,186,361
$405,000
Total internal Service Funds
$9,494,859
Enterprise Funds:
Landfill Fund
Recycling Fund
Airport Fund
Sewer Fund
$3,492,934
$465,706
$360,317
$431,027
Total Enterprise Funds
$4,749,984
Total Proprietary Fund Types
Total of All Fund Types
Operating Transfers:
Economic Development Fund
School Capital Outlay Fund
Transportation Fund
Mental Health Fund
DavidsonWorks
Sewer Fund
Airport Fund
County Capital Projects Plan
Total Operating Transfers
$14,244,843
$152,861,470
$250,000
$2,064,552
$809,344
$170,399
$80,917
$119,317
$16,667
$3,511,196
Section 1. The following amounts are hereby appropriated in the General Fund
for the operation of the government and its activities for the fiscal year
beginning July 1, 2013 and ending June 30, 2014 in accordance with the chart
of accounts heretofore established for this county.
General Government:
County Commissioners
County Manager
County Attorney
Human Resources
Finance
Purchasing
Tax Assessor & Collector
Board of Elections
$305,669
$527,733
$464,857
$1,024,380
$771,517
$323,260
$2,786,327
$585,170
Budget Ordinance 1
Register of Deeds
State Agencies
Public Works & Services
Parking Deck
IT
Contingency
Matching Grant Funds
RECOMMENDED
$466,671
$158,230
$3,132,056
$52,767
$726,658
$200,000
$12,500
Total General Government
$11,537,795
Public Safety:
Sheriff
Sheriff Resource Officers
Jail
Emergency Communications
Inspections
Medical Examiner
Emergency Management
Fire Marshal
Ambulance
Contributions to National Guard
Contributions to Rescue Squad
$10,592,262
$456,987
$4,096,366
$1,957,925
$852,289
$65,000
$73,198
$266,051
$5,288,301
$3,000
$70,000
$23,721,379
Transportation:
Financing use-transfer to airport
Financing use-transfer to transportation
$119,317
Total Transportation
$119,317
Environmental Protection:
Sanitation
Soil & Water
Contributions to Yadkin Pee Dee
Financing use-transfer Sewer
Total Environmental Protection
Economic and Physical Development:
Planning
GIS
Cooperative Extension
Contribution to Economic Development
Contribution to Forester
Contribution to Chambers of Commerce
Contribution to Piedmont Triad Partnership
Contribution to Friends of North Carolina
Contribution to PART
Financing use-transfer DavidsonWorks
Financing use-transfer Airport project
Financing use-transfer Economic Development Fund
Total Economic and Physical Development
$1,181,175
$199,800
$80,917
$1,461,892
$507,145
$179,652
$286,752
$248,000
$82,320
$27,500
$15,994
$170,399
$16,667
$250,000
$1,784,429
Human Services:
Health
Social Services
Public Assistance
Senior Services
Veterans Service
Contribution to Life Center (HCCBG)
Financing use-transfer to mental health
$7,713,558
$9,783,842
$10,528,791
$1,916,435
$115,682
$96,726
$809,344
Total Human Services
$30,964,378
Culture and Recreation:
Recreation
Library
Museum
Lake Thom-a-Lex
Tourism
Total Culture and Recreation
$743,498
$2,971,798
$163,807
$160,602
$45,560
$4,085,265
Budget Ordinance 2
RECOMMENDED
Debt Service:
Principal
Interest and Fiscal Charges
Transfer to Debt Service QZAB Bonds
Total Debt Service
$7,433,407
$4,737,538
$59,926
$12,230,871
Education:
School Current Expense
School Capital Outlay
Community College-Current Expense
Community College-Capital Outlay
$29,202,488
$4,184,947
$3,030,286
$375,841
Total Education
$36,793,562
Total General Fund Appropriations
$122,698,888
Section 2. It is estimated that the following revenues will be available in the
General Fund for the fiscal year beginning July 1, 2013 and ending June 30, 2014.
Taxes:
Current year collections
Current year discounts
Tax refunds
Prior year collections
Tax penalties and interest
1% Local option sales tax
1/2% Local option sales tax
Privilege License
Gross Receipts Tax
Franchise fee-cable TV
$67,614,964
-$579,000
-$20,000
$2,010,000
$500,000
$6,111,014
$11,096,567
$4,500
$50,000
$900,000
Total taxes
$87,688,045
Intergovernmental Revenue:
National forest-timber receipt
Tax commissions
Court cost
Davidson County Schools-SRO Officers
SRO DCCC
Safe road act
Jail reimbursement
Jail fees
Restitution-vice narcotics
Emergency services
Soil and Water
Health
Social services
Child support
Senior Services
Veterans
Library
Public School Lottery Funds
Life Center grant (HCCBG)
County Attorney
County Manager (JCPC)
$3,500
$186,000
$328,000
$344,436
$118,551
$10,000
$60,000
$75,000
$18,500
$35,000
$25,500
$3,783,134
$13,152,377
$899,276
$1,010,594
$1,452
$180,947
$1,649,460
$96,726
$136,054
$15,500
Total
$22,130,007
Licenses and Permits:
Register of Deeds
Inspections fees
$1,016,246
$490,000
Total licenses and permits
$1,506,246
Charges for Services:
County Attorney
Tax assessor
Tax collector
Board of elections
Planning
Vending Machines
Sheriff
Jail
Ambulance
$350
$15,000
$41,058
$43,350
$3,500
$381,300
$45,000
$4,800,000
Health
$240,544
Sheriff Services (Wallburg and Midway)
$123,510
Senior services
Parking deck fees
$141,300
$42,966
Budget Ordinance 3
RECOMMENDED
$101,000
$124,715
$70,702
$188,852
$5,000
$38,500
Library
Lake Thom-a- Lex
Recreation
Rental income
GIS
Emergency services
Total charges for services
$6,406,647
Other Revenues:
Interest Earnings
Miscellaneous
Indirect cost allocation-Landfill
Transfer from the Landfill
Transfer From Capital Reserve Fund
Transfer From School Capital fund (QSCB's)
Note proceeds Town of Wallburg
Transfer from Airport fund
QSCB Interest Subsidy
Transfer From Workers Comp Fund
Total other revenues
$424,164
$25,000
$132,888
$604,073
$172,000
$2,013,526
Fund Balance Appropriated
$2,954,417
$450,000
$70,500
$134,901
Total General Fund Revenues
$122,698,888
Section 3. The appropriations to the Board of Education shall first be made from
funds which have been previously dedicated to the use of the schools and then
be made from other general county revenues to the extent necessary. The
distribution to the various school administrative units will be as follows:
School Current Expense:
Davidson County Administrative Unit
Lexington Administrative Unit
Thomasville Administrative Unit
Children's Center
Teen Parenting
Developmental Center
Scholarships
Total school current expense
20062
3156
2472
$1,089.77
$1,089.77
$1,089.77
$21,862,957
$3,439,313
$2,693,910
$387,157
$107,603
$661,548
$50,000
$29,202,488
School Capital Outlay-Category II & III
$1,158,699
$231,656
$305,877
Total school capital outlay-category II & III
$1,696,232
School Capital Outlay-Category I
Unallocated reserves
$1,562,505
$485,917
$440,293
Total gross school capital outlay-category I
$2,488,715
Less Transfer from School Capital Outlay Fund To the General Fund (QSCB's)
Unallocated reserves
($220,013)
($103,835)
($100,315)
Total transfer from School Capital Outlay To the General Fund (QSCB's)
($424,163)
Total net school capital outlay-category I
$2,064,552
Section 4. It is estimated that the total valuation of property for the purpose
of taxation is $12,941,901,509 and the estimated collection rate 96.75%. There is
levied a tax at the rate of fifty-four cents ($.54) per one-hundred dollars
($100) valuation of property listed for taxes as of January 1, 2013 for the
purpose of raising the revenue listed as "Current Year Collections" in the
General Fund in Section 2 of this ordinance.
Section 5. There is hereby levied a tax of twelve cents ($.12) per one-hundred
dollars ($100) valuation of property listed for taxes as of January 1, 2013 located
within the Lexington School Administrative Unit's School District, the proceeds
Budget Ordinance 4
RECOMMENDED
of said tax to be used to supplement school expenditures as permitted by
Chapter 115C of the North Carolina General Statutes.
Section 6. There is hereby levied a tax at the below listed rates per
one-hundred dollars ($100) valuation of property listed for taxes as of
January 1, 2013 located within each special district for the purpose
of raising revenues for the following special district:
Arcadia-Reedy Creek-Hampton Fire District
Central Fire District
Churchland Fire District
Fairgrove Fire District
Gumtree Fire District
Healing Springs Fire District
Holly Grove Fire District
Linwood Fire District
Midway Fire District
North Lexington-Triangle Fire District
Pilot Fire District
Reeds Fire District
Silver Valley Fire District
South Emmons Fire District
South Lexington Fire District
Southmont Fire District
Hasty Fire District
Tyro Fire District
Wallburg Fire District
Welcome Fire District
West Lexington Fire District
South Davidson Fire District
Horneytown Fire District
Griffith Fire District
Clemmons Fire District
Badin Lake Fire District
$0.080
$0.070
$0.070
$0.080
$0.100
$0.090
$0.080
$0.075
$0.100
$0.110
$0.085
$0.040
$0.110
$0.050
$0.110
$0.085
$0.070
$0.080
$0.100
$0.100
$0.100
$0.100
$0.110
$0.080
$0.050
$0.060
Section 7. The following amounts are hereby appropriated in the General
Fund for the Mental Health activities for the fiscal year beginning
July 1, 2013 and ending June 30, 2014.
Mental Health
$809,344
General Fund for the Mental Health activities for the fiscal year beginning
Intergovernmental
Charges for services
Financing source-transfer from General Fund
Other taxes
Other
$809,344
$809,344
Section 9. The following amounts are hereby appropriated in the General
Fund for DavidsonWorks for the fiscal year beginning
DavidsonWorks
$1,689,861
General Fund for DavidsonWorks for the fiscal year beginning
Intergovernmental
$1,519,462
$170,399
$1,689,861
Budget Ordinance 5
RECOMMENDED
Section 11. The following amounts are hereby appropriated in the
Special Revenue Fund for the Transportation activities fiscal year beginning
Transportation
$1,416,078
Special Revenue Fund for the Transportation activities for the fiscal year beginning
Intergovernmental
Other (Sale of Fixed Assets)
Retained Earnings
$688,935
$670,460
$56,683
$1,416,078
Special Revenue Fund for the Fire Protection Districts activities fiscal year
beginning July 1, 2013 and ending June 30, 2014.
Arcadia-Reedy Creek-Hampton Fire District
Central Fire District
Churchland Fire District
Fairgrove Fire District
Gumtree Fire District
Healing Springs Fire District
Holly Grove Fire District
Linwood Fire District
Midway Fire District
North Lexington-Triangle Fire District
Pilot Fire District
Reeds Fire District
Silver Valley Fire District
South Emmons Fire District
South Lexington Fire District
Southmont Fire District
Hasty Fire District
Tyro Fire District
Wallburg Fire District
Welcome Fire District
West Lexington Fire District
South Davidson Fire District
Horneytown Fire District
Griffith Fire District
Clemmons
Badin Lake
$745,900
$245,000
$175,300
$321,848
$132,767
$285,329
$216,000
$235,188
$838,004
$204,000
$276,900
$184,318
$388,083
$60,000
$203,950
$654,483
$358,959
$321,881
$738,420
$500,453
$250,000
$103,700
$132,305
$217,781
$45,222
$32,650
$7,868,441
Special Revenue Fund for the Fire Protection Districts for the fiscal year beginning
Property taxes
State reimbursement
$7,868,441
$7,868,441
Special Revenue Fund for the Revaluation activities fiscal year beginning
Revaluation
Special Revenue Fund for the Revaluation activities for the fiscal year beginning
Fund Balance Appropriated
Revaluation
Budget Ordinance 6
RECOMMENDED
Special Revenue Fund for the Special School District for the fiscal year beginning
Lexington School Administrative Unit
$1,525,000
Special Revenue Fund for the Special School District for the fiscal year beginning
Property taxes
State reimbursement
$1,525,000
$1,525,000
Special Revenue Fund for the Emergency Telephone Activities for the fiscal year
Emergency Telephone (E-911)
Transfer to Capital Projects General fund
Total Emergency Telephone (E-911)
$527,796
$527,796
Special Revenue Fund for the Emergency Telephone activities for the fiscal year
Telephone customer surcharges
$527,796
$527,796
Special Revenue Fund for the School Capital Outlay Fund for the fiscal year
School Capital Projects
Financing source-transfer from School Capital Outlay fund to the General Fund for QSCB'S
$2,488,714
($424,162)
$2,064,552
Special Revenue Fund for the School Capital Outlay Fund for the fiscal year
$2,064,552
$2,064,552
Capital Outlay Project Plan for the fiscal year beginning July 1, 2013 and
ending June 30, 2014.
Capital Projects
Airport Construction
$16,667
$16,667
Capital Outlay Project Plan for the fiscal year beginning July 1, 2013 and
Financing source-transfer from Capital Reserve fund
$16,667
$16,667
Section 25. The following amounts are hereby appropriated in the Enterprise Fund
for the Landfill operations for the fiscal year beginning July 1, 2013 and
Landfill
$3,492,934
Enterprise Fund for the Intergrated Solid Waste operations for the fiscal year beginning
Landfill Charges for services
Interest
Miscellaneous
Retained Earnings
Total Landfill
$3,627,300
$26,500
($164,366)
$3,492,934
Budget Ordinance 7
RECOMMENDED
for the recyclying operations for the fiscal year beginning July 1, 2013 and
Recycling
$465,706
Enterprise Fund for the Recycling operations for the fiscal year beginning
Recycling Intergovernmental
Recycling Sales
Retained Earnings
Total Recycling
$334,500
$202,500
-$71,294
$465,706
for the Airport operations for the fiscal year beginning July 1, 2013 and
Airport
$360,317
Enterprise Fund for the Airport operations for the fiscal year beginning
Intergovernmental
$223,000
$119,317
$18,000
Airport
$360,317
for the Sewer operations for the fiscal year beginning July 1, 2013 and
Sewer
Enterprise Fund for the Sewer operations for the fiscal year beginning
Sewer Fees
Financing source-transfer from Capital Reserve
Sewer
$431,027
$350,110
$80,917
$431,027
Section 32. The Finance Officer is hereby authorized to transfer appropriations
within a fund as contained herein under the following conditions:
A. The Finance Officer, in concurrence with the Budget Officer, is
hereby authorized to transfer line item appropriations within a
department during the fiscal year if they are consistent with
operational needs and any Board approved goals. A report must be
submitted to the Commissioners within thirty days after the transfer.
B. Transfer of salary appropriations shall be approved by the Board of
Commissioners.
C. Revisions or transfers that alter the total expenditures of any
department or fund shall be approved by the Board of Commissioners.
Section 33. The operating fund encumbered on the financial records as of
June 30, 2012, are hereby appropriated to this budget.
Section 34. Copies of the Budget Ordinance shall be furnished to the
Budget Officer, Finance Officer, and the Tax Administrator for the direction in
carrying out their duties.
Section 35. The one and a half percent cost of living increase for employees will be
effective 07/01/2013
Budget Ordinance 8
RECOMMENDED
Section 36. The following are the financial plans for the Internal Service Funds.
for the fiscal year beginning July 1, 2013 and ending June 30, 2014.
Garage Fund
Expenditures-operation cost
Revenues:
Department charges
Miscellaneous revenue
Retained earnings
Intergovernmental
Total Revenue Garage Fund
$1,903,498
$1,898,498
$5,000
$1,903,498
Insurance Fund
Group Insurance Claims
Dependant Life
Other Expenses
$6,309,629
$28,000
$848,732
$7,186,361
Revenues:
Department charges
Withholding
Cobra Payments
Life AD & D
$6,107,961
$850,400
$200,000
$28,000
Total Revenue Insurance Fund
$7,186,361
Workers Compensation Fund
Workers Comp Claims
Other Expenses
$300,000
$105,000
$405,000
Revenues:
Department charges
$405,000
Total Revenue Workers Compensation Fund
$405,000
Budget Ordinance 9
Date: June 11, 2013
Exhibit: Attached
ITEM: I.3.
Schedule Public Hearing for the 2013 Justice Assistance
Grant (JAG) Application
ITEM INFORMATION:
The Sheriff’s Office is requesting that a public hearing be scheduled for the June
25, 2013, meeting of the Board of Commissioners on the proposed JAG
Application by the Sheriff’s Office to allow information to be presented and
receive public comment.
ACTION TO BE TAKEN:
Schedule a public hearing for June 25, 2013 at 7:00 p.m.
FOLLOW-UP:
Run Notice of Hearing in The Dispatch
SALES QUOTE
6/6/2013
SQ-178432
*178432*
Customer
Contact
Ship To
DAVIDSON CO SHERIFF OFF.
ATTN: ACCOUNTS PAYABLE
PO BOX 513
LEXINGTON NC 27292
Tel: (336)242-2100
Fax: (704)249-6968
CUSTOMER PICK UP
RALEIGH NC 27603
Account
Terms
Due Date
Account Rep
Schedule Date
DAVIDS
NET 15
6/21/2013
GREG PLUNKETT
6/6/2013
Quotation
PO #
Reference
Ship VIA
SQ-178432
L
Item / Model / Brand
Description
1 S-W311000 / 022188127294
M-P15 5.56 RIFLE, A2 POST - DUAL APERTUR
TARLETON
Page
Printed
1
6/6/2013
11:21:43AM
Qty
Price
UM
Discount
%
Amount
6
$812.25
$0.00
$4,873.50
$0.00
$203.94
$0.00
$149.94
EA
-PRICE PER STATE CONTRACT 680 B2 MOO52141 / 043699521418
LARGE TACTICAL RIFLE CASE 41''
6
3 COLSP62328 / ABC154790000
AR-15 .223 30 RND MAG
6
**PLEASE VERIFY THAT THE PART NUMBERS AND DESCRIPTIONS
ARE CORRECT BEFORE SUBMITTING YOUR ORDER.
$33.99
EA
$24.99
EA
Tax Details
Taxable
$5,227.38
NCCTY675 $352.848
**RESTOCKING FEES MAY APPLY TO RETURNED ITEMS.
**FREIGHT WILL BE ADDED TO ALL INVOICES.
**PRICES QUOTED ARE BASED ON PAYMENT BY CHECK OR CASH.
$352.85
$0.00
Total Tax
Exempt
Total
$5,580.23
Balance
$5,580.23
**QUOTE IS GOOD FOR 30 DAYS.
Debbie Harris
From:
Sent:
To:
Subject:
Casey Tarleton
Thursday, June 06, 2013 11:28 AM
Debbie Harris
FW: PRICE QUOTE, MOTOROLA PORTABLE RADIOS
Second quote on the radios.
From: [email protected] [mailto:[email protected]]
Sent: Wednesday, June 05, 2013 1:42 PM
To: Casey Tarleton
Subject: Re: PRICE QUOTE, MOTOROLA PORTABLE RADIOS
Yes Sir, these units are the XTS2500 Model 2 with the 6 buttons on the front , below the display Model
H46UCF9PW6BN
THE FLASH CODE IS: 500018-000488-0 Yes, P25 for the viper system
Radio, battery, antenna, charger, beltclip 1 yr warranty $1,250.00 ea
[email protected]
ROCKY MOUNTAIN COMMUNICATION SYSTEMS, INC
An Authorized Full Line Motorola Dealer Since 1998
( 800 ) 830 - 7627
Michael Piller
-----Original Message----From: Casey Tarleton <[email protected]>
To: '[email protected]' <[email protected]>
Sent: Wed, Jun 5, 2013 11:30 am
Subject: RE: PRICE QUOTE, MOTOROLA PORTABLE RADIOS
Mike,
I believe you just spoke to Major Grubb on the phone in regards to us purchasing some radios. It looks like we will be
able to purchase 5 radios at the cost you gave Major Grubb. Can I get you to send me a quote on 5 Motorola XTS 2500
radios so I can start the process. I will need the same set up as we did last time. Also they will need to be p25
compatible and preferable at least the toggle switch not the plain Jane version. Thanks for you help, once again.
Capt.Casey Tarleton
Davidson County Sheriff's Office
Patrol Division
Sent: Monday, December 20, 2010 11:40 AM
To: Casey Tarleton
Dear Sir: I need that PO on my desk today, if we are to proceed. I have another City Gov that wants to buy my entire
inventory today. This would mean a 60 day delay before i could find another 19 portables for Davidson County. Please let
me know how you want to proceed. Mike Piller
800 830 7627 ph
303 679 3555 fax
1
Sent: Tue, Dec 14, 2010 3:16 pm
Mike,
Larry Morgan is the person that has been overseeing the grant that will allow me to purchase the radios from you. He
emailed me yesterday and told me that the PO was ready for the purchase of the radios. I spoke to larry last night and he
advised that the PO was ready, not to worry with the additional quotes. I am suppose to meet with him tomorrow. Hope
to be sending you a copy of the PO in the next couple of days. Just wanted to let you know where I was at with the
purchase of the radios. Thanks.
Sent: Monday, December 13, 2010 3:35 PM
To: Casey Tarleton
Multiply bids now in your email
my fax for PO
303 679 3555
Mike Piller
ROCKY MTN COMM
Sent: Thu, Dec 9, 2010 8:43 am
I am having trouble getting quotes due to the Viper issue. Go ahead and see if you can get me two more quotes. Thanks
Mike.
Sent: Wednesday, December 08, 2010 9:55 AM
To: Casey Tarleton
Dear Sir; I can give you the numbers of competing dealers for the needed quotes, if it will speed things up....
Hoping to get this delivered to you prior to 12/31
whats our status?
Mike Piller
Rocky Mtn Comm
2
Sent: Wed, Dec 1, 2010 10:18 am
Sorry for the delay. Purchasing has now informed me that I have to get three quotes before they will give me the PO. I
am handling that as we speak. Thanks for holding the walkies.
Capt. Tarleton
Sent: Thursday, November 25, 2010 2:28 AM
To: Casey Tarleton
ready to ship, still haven't seen the purchase order
mike rocky mtn comm
Sent: Tue, Nov 16, 2010 2:56 pm
I got it. Thanks. I spoke to Al Linker. He has told me what I need to do. I will be back in touch with you in the next few
days in regards to the Flash Code. He gave me a contact person with the NC Highway Patrol.
Capt. Tarleton
Sent: Tuesday, November 16, 2010 4:16 PM
To: Casey Tarleton
Subject: PRICE QUOTE, MOTOROLA PORTABLE RADIOS
PRICE QUOTE FOR USED , REFURBISHED MOTOROLA DIGITAL 700/800 MHZ PORTABLE RADIOS (VIPER)
MOTOROLA XTS2500 MODEL 2 H46UCF9PW1_N 700/800 MHZ PORTABLE RADIO WITH 30 DAY WARRANTY
EACH RADIO INCLUDES ONE OF THE FOLLOWING
NEW MOTOROLA INPRES BATTERY
NEW MOTOROLA 700/800 ANTENNA
NEW MOTOROLA BELT CLIP
NEW MOTOROLA INPRES RAPID CHARGER (AC)
$1842.00 per Package
GRAND TOTAL for 19 units: $34,998.00
TERMS: NET 30 DAYS
SHIPPING COST: FREE SHIPPING
FAX PO# (303) 679 3555
Rocky Mountain Communication Systems, Inc.
Po Box 1041
Kittredge, CO 80457
(800) 830- 7627
An Authorized Full Line Motorola Dealer Since 1998
3
If you are not the intended recipient, you must destroy this message and inform the sender
immediately. This electronic mail message and any attachments, as well as any electronic mail
message(s) sent in response to it may be considered public record and as such subject to request
and review by anyone at any time. It also may contain information which is confidential within the
meaning of applicable federal and state laws.
Davidson County Government, PO Box 1067, Lexington, NC, USA, www.co.davidson.nc.us
4
STATE OF NORTH CAROLINA
COUNTY OF DAVIDSON
BEFORE THE DAVIDSON COUNTY
BOARD OF COMMISSIONERS
NOTICE OF PUBLIC HEARING
ON REQUEST TO SUBMIT APPLICATION
FOR GRANT FUNDING
On June 11, 2013, the Board of Commissioners of Davidson County approved
setting a public hearing upon request of the Davidson County Sheriff’s Department to
submit a grant application for eligible funds for Edward Byrne Memorial Justice
Assistance Grant (JAG) funding. Should the grant be awarded the funds are intended
to be utilized for the purchase of six (6) S&W MP 15 Rifles, six (6) rifle cases, and
twelve (12) AR-15 30 round magazines, as well as five (5) Motorola XTS radios. The
total estimate for the grant purchase is $11,830.23. This is notice that the Board of
Commissioners shall conduct a public hearing on the request by the Davidson County
Sheriff’s Department to submit a grant application for available funds through the
Edward Byrne Memorial Justice Assistance Grant (JAG) funding at 7:00 p.m. on June
25, 2013, at the Davidson County Commissioners’ Meeting Room, 4 th Floor, Davidson
County Governmental Center, 913 North Greensboro Street, Lexington, North Carolina.
All interested persons shall be heard at the public hearing. The Commissioners will
consider all information that they believe to have a bearing on this grant.
The
Commissioners invite all interested persons to attend and present their views. The
Board may adjourn the hearings from time to time.
Persons with disabilities that may need special accommodations to participate in
the hearing should notify the County Manager’s Office at 336-242-2200 at least 24
hours prior to the start of the hearing.
This the 14th day of June, 2013.
Deborah J. Harris, Deputy Clerk to the Board
Edward Byrne Justice Assistance Grant (JAG) Program
Fact Sheet
JAG Overview: The Edward Byrne Memorial Justice Assistance Grant (JAG) Program was created as part of
the Consolidated Appropriations Act of 2005, which merged the discretionary Edward Byrne Memorial Grant
Program with the formula-based Local Law Enforcement Block Grant (LLEBG) program. The JAG Program,
administered by the Bureau of Justice Assistance (BJA), is the leading source of federal justice funding to state
and local jurisdictions. The JAG Program provides states, tribes, and local governments with critical funding
necessary to support a range of program areas including law enforcement, prosecution and court, prevention
and education, corrections and community corrections, drug treatment and enforcement, planning, evaluation,
and technology improvement, and crime victim and witness initiatives.
Since JAG’s inception, BJA has processed over 13,000 local and over 400 state applications totaling more than
$5 billion in JAG funding (approximately $3 billion to states and territories and $1.8 billion to local units of
government).
In Fiscal Year (FY) 2012, BJA processed 1,128 local and 56 state applications totaling more than $287 million
in JAG funding (approximately $193.8 million to states and territories and $93.6 million to local units of
government.)
The Sex Offender Registration and Notification Act (SORNA), Title I of the Adam Walsh Child Protection and
Safety Act of 2006, required that the 50 states, District of Columbia (DC), 5 principal territories, and some
federally recognized tribes substantially implement SORNA by July 27, 2009. Two full-year deadline
extensions have been provided, and a final statutory deadline of July 27, 2011 was established.
SORNA mandates a 10 percent reduction in JAG funding if a state, territory, or DC failed to substantially
implement SORNA by the July 27, 2011 deadline. For those jurisdictions, that penalty was first applied in FY
2012 and will continue to be applied in each subsequent year until the JAG funding recipient has substantially
implemented SORNA. While the penalty may impact states, the territories, and DC, the 10 percent penalty will
not be applied to the portion of the JAG award that is reserved for local or tribal jurisdictions.
For additional information regarding the SORNA penalty, including implementation requirements and a list of
states/territories that will be impacted in FY 2013 by the 10 percent penalty, contact the Office of Sex Offender
Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) Policy Advisor assigned to assist
your jurisdiction: Policy Advisor Contacts by Jurisdiction.
Legislation: Public Law 109-162, Title XI—Department of Justice Reauthorization, Subtitle B—Improving
the Department of Justice's Grant Programs, Chapter 1—Assisting Law Enforcement and Criminal Justice
Agencies, Sec. 1111 Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program.
JAG Formula: The Bureau of Justice Statistics (BJS) calculates, for each state and territory, a minimum base
allocation which, based on the congressionally mandated JAG formula, can be enhanced by (1) the state’s share
of the national population and (2) the state’s share of the country’s Part 1 violent crime statistics. Once the state
funding is calculated, 60 percent of the allocation is awarded to the state and 40 percent to eligible units of local
government. For additional details regarding the JAG formula and award calculation process, with examples,
please click here: JAG Technical Report.
Eligibility and Program Guidance: All 56 states and territories are eligible, as well as units of local
government identified annually in the JAG allocation charts. BJA posts annual JAG program solicitations
(program guidance) and allocation charts to its JAG webpage; which also contains a direct link to JAG
Frequently Asked Questions , which are updated regularly.
How/When to Apply: All applications must be submitted via the Office of Justice Programs (OJP) Grants
Management System (GMS). Once available, FY 2013 State and Local JAG solicitations and allocations can be
found on the JAG webpage.
Award Length: JAG awards are four years in length; extensions are at the discretion of BJA’s Director.
Match Requirement: Match is not required.
Reporting Requirements: JAG recipients are required to submit quarterly performance metrics reports,
quarterly Federal Financial Reports (SF-425s), quarterly performance reports, and an annual programmatic
performance report. Detailed reporting information can be found here: JAG Reporting Requirements.
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Frequently Asked Questions (updated May 2013)
Table of Contents
Page
Reference Information:
Authorizing Legislation for the JAG Program Awards
Catalog of Federal Domestic Assistance (CFDA) Number
1
1
Award Eligibility/Formula Information:
Transition Rule
Eligibility
Formula Calculation
Eligible Jurisdictions
Resources if Not Eligible
State Pass-Through to Non-Profits
FBI’s Uniform Crime Report (UCR) Website
SORNA Penalty (updated May 2013)
SORNA Compliance Bonus Funds (updated May 2013)
1
1
2
2
2
2
3
3
4
Application Requirements:
Legal Name
Data Universal Number System (DUNS) Number
System for Award Management (SAM) (updated May 2013)
SAM Claim (updated May 2013)
Who Must Apply/Application Information
Award Amount and Project Period
Period of Expenditure
Governing Body and Governing Body Review
30-day Governing Body Review Requirement
Governing Body Approval
Public Comment Requirements
Project Abstract Requirements
Match Not Required
4
5
5
5
6
6
6
7
7
7
8
8
8
Use of Funds:
Utilization and Purpose of JAG Funds
Prohibited Use of JAG Funds
Funds for Indigent Defense
DNA Testing (updated May 2013)
Body Armor Purchases (updated May 2013)
Unmanned Aircraft, Aircraft System, or Aerial Vehicles (UA/UAS/UAV) (updated May 2013)
Vehicle Purchases (updated May 2013)
Construction and Renovation
Certification process for Vehicles/Construction
Caps on Overtime Pay
Purchase of Buprenorphine
Supplanting and Commingling
Administrative Funds
Confidential Funds
Sole Source
8
9
9
9
9
10
10
11
11
12
12
12
12
12
13
i
Disparate Information:
Joint Application (Disparate) Award Amount
Determining the Fiscal Agent
EEOP Requirements
Governing Body Review and Public Notice
Disparate Project or Purpose Area Requirements
Memorandum of Understanding (MOU)
Providing the JAG MOU to BJA
Determining Split Award Amounts
Cannot Agree on JAG Funds Distribution
Determining a Jurisdiction’s Potential Allocation
13
13
13
13
14
14
14
14
14
14
Reporting and Other Requirements:
Reporting Requirements
Contact Information Updates
Task Force Training (updated May 2013)
Federal Funding Accountability and Transparency Act (FFATA)
14
15
15
15
Administration:
Award Notification
Post-Award Instructions
Declining JAG Awards
JAG Award Payments
Drawdown Restriction
Bank Account/Trust Fund
Period of Expenditure
State Administering Agency (SAA) Strategic Plan (updated May 2013)
State Administering Agency (SAA) Pass-Through Waiver
Budget Modification Process
Closeout Policies and Procedures (updated May 2013)
GMS Instructions
BJA Staff Contact Information
16
16
16
16
16
16
16
17
17
17
18
18
18
ii
Reference Information:
What is the authorizing legislation for the Edward Byrne Memorial Justice Assistance Grant (JAG)
Program?
Edward Byrne Memorial JAG Program awards are authorized by the 42 U.S.C. § 3751(a).
What is the Catalog of Federal Domestic Assistance (CFDA) number for the Edward Byrne Memorial
JAG Program?
The CFDA number for the Edward Byrne Memorial JAG Program (State and Local) is 16.738.
Award Eligibility/Formula Information:
What is the Transitional Rule?
The JAG statute requires that local governments that have not reported at least 3 years of data (within the
last 10 years for which UCR data are available) on Part I violent crimes of the UCR to the FBI are
ineligible for direct JAG local formula funding. As a transition to implementing the grant program, the
law permitted JAG units of local government during 2006, 2007, and 2008 to qualify for JAG formula
funds based on the last three years of UCR data which they had submitted, in any prior years. That
Transitional Rule, by statute, has expired.
Who is eligible and where is the eligibility list located?
Applicants for JAG State awards are limited to states, the District of Columbia, the Commonwealth of
Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, and American Samoa.
Applicants for JAG Local awards are limited to units of local government appearing on the JAG
Allocations List. To view the list for the current fiscal year, go to:
www.bja.gov/programs/jag/13jagallocations.html.
For JAG program purposes, a unit of local government is: a town, township, village, parish, city, county,
borough, or other general purpose political subdivision of a state; or, it may also be a federally recognized
Indian tribe or Alaskan Native organization that performs law enforcement functions as determined by the
Secretary of the Interior. Otherwise a unit of local government may be any law enforcement district or
judicial enforcement district established under state law with authority to independently establish a budget
and impose taxes. In Louisiana, a unit of local government also means the office of a district attorney or a
parish sheriff. In the District of Columbia or any United States Trust Territory, a unit of local government
is any agency of the District of Columbia or federal government performing law enforcement functions
for the District of Columbia or Trust Territories of the United States. For a listing of eligible units of local
government, go to www.bja.gov/programs/jag/13jagallocations.html.
I don't see my jurisdiction on the allocation list? Why?
If your city/county is not on the Edward Byrne Memorial Justice Assistance Grant (JAG) allocation list
found on the JAG web page, it does not qualify for a direct JAG award from the Bureau of Justice
Assistance (BJA). The JAG legislation specifies that allocations to local governments must be at least
$10,000 to qualify for a direct JAG award. The Bureau of Justice Statistics Technical Report explains the
JAG allocation formula that is statutorily-based.
1
How is the formula calculated?
The Bureau of Justice Statistics (BJS) calculates, for each state and territory, a minimum base allocation
which, based on the statutory JAG formula, can be enhanced by (1) the state’s share of the national
population and (2) the state’s share of the country’s Part 1 violent crime statistics. Once the state funding
is calculated, 60 percent of the allocation is awarded to the state and 40 percent to eligible units of local
government.
States also have a variable percentage of the allocation that is required to “pass-through” to units of local
government. This amount, also calculated by BJS, is based on each state’s crime expenditures. In
addition, the formula calculates direct allocations for local governments within each state, based on their
share of the total violent crime reported within the state. Local governments that are entitled to at least
$10,000 awards may apply directly to BJA for local JAG funds.
My city/county/parish/township/tribe is not listed as qualifying for a direct award. Is there other JAG
funding available?
Yes. Your state government also receives a variable percentage of the allocation that is required to be
“passed-through” to units of local government. This amount, also calculated by BJS, is based on each
state’s crime expenditures. In addition, the formula then calculates direct allocations for local
governments within each state, based on their share of the total violent crime reported within the state.
The pass-through percentage for each state government is available on the JAG web page.
Eligible state/territory recipients are entitled to the state allocation determined by the above formula plus
any funds designated for the state’s units of local government whose direct allocation would be less than
$10,000. Funds from these “less than $10,000 jurisdictions” will be added to the state allocation and must
be distributed by the state to state police departments that provide criminal justice services to units of
local government, and/or to any units of local government whose allocations would be less than $10,000.
Local governments that are entitled to at least $10,000 awards may apply directly to BJA for local JAG
funds.
Can a State Administering Agency (SAA) award JAG sub-grants to private non-profit organizations for:
a. Criminal justice projects that would benefit the entire state?
b. A criminal justice project that will benefit a local jurisdiction?
c. A PNP that is in partnership with a local LE agency to provide criminal justice services to
designated "units of local government"?
As permitted by the JAG program statute, an SAA can award JAG subgrants to private non-profit
neighborhood or community-based organizations (PNPs) in any of the above scenarios. If the funding
being provided to the PNP represents the state's portion of its JAG award, then the intended use must
fulfill the statutory purpose areas for the JAG Program. However, if the funding provided to the PNP
represents the variable pass-through portion of the state's award, then additional requirements must be
met. The PNP subgrant must benefit a “unit of local government” (as that term is defined at 42 U.S.C.
§3791(a)(3) or 42 U.S.C. §3755(h)), and each unit of local government benefiting from the PNP subgrant
must voluntarily sign a waiver as required by the solicitation. This waiver must certify that the local
jurisdiction recognizes the funds in question are set aside for local government use; believes the proposed
project will provide a direct local benefit; and agrees that funding the project at the state level is in the
best interests of the unit of local government.
2
Where can I find Uniform Crime Report (UCR) Part I violent crime data and crime expenditure data for
my city or county?
Data is available on the FBI’s UCR web site.
Will the 10 percent penalty for failure to substantially implement the Sex Offender Registration and
Notification Act (SORNA) apply to Fiscal Year (FY) 2013 JAG funding?
The Adam Walsh Child Protection and Safety Act of 2006 (AWA) established a penalty for jurisdictions
that failed to substantially implement the Sex Offender Registration and Notification Act (SORNA) by
July 27, 2011, and for any year thereafter. See 42 U.S.C. § 16925(a).The Attorney General has delegated
the task of determining when a jurisdiction has substantially implemented SORNA’s requirements to the
Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART
Office).
For those jurisdictions that did not substantially implement SORNA by July 27, 2011, the SORNA
penalty will be calculated by subtracting 10 percent from the state government’s allocation (60 percent of
the total award), after deduction of the “mandatory variable pass-through” that states are required to send
to local governments. The penalty does apply to the portion of JAG funding that is awarded to the state to
be shared with local governments that were not eligible for a direct JAG award (“less than $10,000
jurisdictions”) because the states retain control over these funds and may award the funds to another state
agency (i.e., state police) in lieu of awarding them to a local government in localities where the state
provides direct services to these localities.
The penalty is not assessed against the mandatory pass-through, which is the portion of JAG funds
awarded directly to local law enforcement, as the state cannot retain any portion of that award. Penalizing
local agencies would also seriously undermine the purpose of the statute, since doing so would be
detrimental to local law enforcement efforts, which include the investigation, prosecution, and
apprehension of sex offenders.
Below is an illustration of how the SORNA penalty is assessed:
If State X is to receive an initial state allocation of $3,000,000, the 10 percent SORNA penalty would
be calculated as follows:
1. The mandatory pass-through amount of $1,200,000 (based on State X’s mandatory 40-percent
pass-through) is subtracted from the $3,000,000; resulting in $1,800,000.
2. The “less than $10,000” allocation for State X, $250,000, is then added to the $1,800,000;
resulting in $2,050,000.
3. The 10 percent SORNA penalty is then assessed on the $2,050,000 amount ($2,050,000 x .10);
resulting in a SORNA penalty of $205,000 for State X.
For the District of Columbia and the territories, the penalty will be assessed on the full allocation because
the entire allocation goes to the District or territorial government.
OJP strongly encourages all jurisdictions that have not yet substantially implemented SORNA to continue
to work expeditiously to implement SORNA’s requirements in order to better protect their communities
from sexual violence and exploitation. The SMART Office will continue to provide technical assistance
and other resources to jurisdictions to support them in these efforts.
3
The penalty will be applied in FY 2013. Jurisdictions that implement SORNA have an ongoing obligation
for compliance and thus, the Byrne JAG reduction penalty may be applied each year a jurisdiction is
deemed non-compliant.
My state has substantially implemented SORNA. Are we eligible for additional JAG funding based on
that compliance status?
As per 42 USC § 16925(c), any state or territory that has substantially implemented SORNA during the
current Fiscal Year (FY), as determined by the SMART Office, will be eligible to receive compliant
bonus funds in addition to their next FY State JAG award. This bonus allocation is calculated based on
SORNA penalty funds from non-implementing states and territories during that current FY. For example,
if State X substantially implemented SORNA in FY 2012, State X would have an additional bonus funds
added to their FY 2013 State JAG award, which will comprise of SORNA penalty funds from nonimplementing states and territories in FY 2012. The amounts available for compliant bonus funds will
vary from year to year, depending on the amount of SORNA penalty funds that are assessed.
Who can I contact for more information on the SORNA penalty, SORNA compliance, or the
implementation of SORNA?
Contact the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking
(SMART) Policy Advisor assigned to assist your jurisdiction for additional information regarding
SORNA compliance; the SORNA penalty, including implementation requirements; a list of
states/territories that will be impacted in FY 2013 by the 10 percent reduction in JAG funding:
http://www.ojp.usdoj.gov/smart/pdfs/PolicyAdvisorAssignmentsState2013.pdf.
Application Requirements:
What name should be listed as the Legal Name on a JAG application?
The legal name and address on the application must be a state, county (i.e. Wayne County), municipality
(City of Wayne), or other eligible unit of local government. Please see 42 U.S.C. §3791(a) (3) and 42
U.S.C. §3755(h) for a listing of eligible units of local government for JAG purposes. Unless designated
by statute as an eligible unit of local government, the legal name and address cannot be a sheriff or police
department. In these situations, a sheriff or police department must be listed in the organization unit line if
the authorized recipient is a sheriff or police department. In all cases, if the name listed on the
organization line as an authorized recipient must be someone with the authority (county commissioner,
mayor, city manager, or other designated official or agency) to enter the state, county, municipality, or
other eligible unit of local government into a legal contract with the federal government. The same
procedures apply when the authorized recipient is a police chief, law enforcement agency, or other
authorized official or agency that has not been designated as an eligible unit of local government for JAG
purposes.
Can a Sheriff’s Office or Police Department be listed in the Legal Name section of the JAG application? /
What name should be listed as the Organizational Unit on a JAG application?
Unless designated by statute as an eligible unit of local government, the legal name and address cannot be
that of a sheriff or police department. In a situation where the sheriff or police department is authorized to
be the recipient on behalf of the county or municipality, the department should be listed in the
organizational unit line of the application instead (e.g. Legal Name: City of York, Address: legal address
for the City of York. Organizational Unit: City of York Police Department).
4
Who should be listed as the Authorized Representative on a JAG Application?
The authorized representative must have the authority to enter the state, county, municipality, or other
eligible unit of local government into a legal contract with the federal government. This person is
typically a county commissioner, mayor, city manager, or other similarly designated official. A police
chief or sheriff may be listed as the authorized representative if the Organizational Unit line in the
application indicates Sheriff’s Office or Police Department.
How do I obtain a Data Universal Number System (DUNS) number? / Why is a DUNS number needed?
Ask the grant administrator, chief financial officer, or authorizing official of your organization to identify
your DUNS number. If your organization does not know its DUNS number or needs to register for one,
visit Dun & Bradstreet at http://fedgov.dnb.com/webform/displayHomePage.do. The federal government
has adopted the use of DUNS numbers to track how federal grant money is allocated. DUNS numbers
identify your organization. The time it takes to request and obtain a DUNS number is approximately one
day.
How do I register my jurisdiction with the System for Award Management (SAM) database?
Ask the grant administrator, chief financial officer, or authorizing official of your organization if your
organization has registered with the SAM database.
SAM replaces the Central Contractor Registration (CCR) database as the repository for standard
information about federal financial assistance applicants, recipients, and sub-recipients. OJP requires that
all applicants (other than individuals) for federal financial assistance maintain current registrations in the
SAM database. Applicants must update or renew their SAM registration annually to maintain an active
status.
Applicants that were previously registered in the CCR database must, at a minimum:
• Create a SAM account;
• Log in to SAM and migrate permissions to the SAM account (all the entity registrations and
records have already been migrated).
Applicants that were not previously registered in the CCR database must register in SAM prior to
registering in Grants.gov. Information about SAM registration procedures can be accessed at
www.sam.gov.
Please note, your SAM registration must be updated or renewed on an annual basis to maintain active
status. SAM is the primary registrant database for the federal government. All grant applicants must
acquire or renew registration with the SAM database in order to be awarded federal grants.
How do I submit my SAM (formerly CCR) claim?
Although SAM has replaced the CCR database, a claim must still be submitted in GMS in order to
confirm your agency’s DUNS number is registered and active.
Once you are logged in to GMS, click the SAM claim link on the bottom left side. Then hit submit and
the SAM claim will automatically be submitted.
There are two ways to submit a SAM claim. One is to submit the SAM claim prior to an award being
made. If this claim is not submitted prior to the award being made, your award will have a SAM special
5
condition attached to it. A SAM claim must be submitted upon receipt of the award. Once submitted, a
Grant Adjustment Notice (GAN) will automatically be created to remove this special condition.
Our local jurisdiction is eligible to apply for a direct award from BJA. Who must apply, and where do I
find more information on how to apply?
Only a unit of local government (e.g. city, county, parish, township, or tribe) may apply to BJA for Local
JAG funding. The Chief Executive Officer (CEO) of a unit of local government is responsible for
determining which government official will apply for funding, and may designate an agency head, such as
a police chief or sheriff, to be the signing authority on the application. For example, if the applicant is a
city and the project will be implemented by the police department, the chief of police may be designated
as the CEO, and the chief would then having signing authority for the application. In this instance, the
city will be listed under the “Legal Name” section of the application, and the police department will be
listed as the “Organizational Unit” on the application.
The Edward Byrne Memorial JAG Awards solicitation will be posted on the BJA JAG web page.
Applications for funding must be submitted via the online Grants Management System (GMS) within the
prescribed application period. Detailed instructions on submitting an application, as well as guidance on
managing your grant award, are available in the GMS computer-based training tool.
Will our city/county receive the amount listed once or for every year of the project period?
The amount listed on the eligible jurisdiction list is a one-time award amount. State JAG awards are four
years in length and award periods will be from October 1, 2012 through September 30, 2016. Extensions
beyond this period may be approved on a case-by-case basis at the discretion of BJA and must be
requested via the Grants Management System (GMS) no less than 30 days prior to the grant end date.
The following applies to Local JAG recipients:
Awards of at least $25,000 or more are four years in length with an award period starting October 1, 2012
through September 30, 2016. Extensions beyond a four-year period may be approved on a case-by-case
basis at the discretion of BJA and must be requested via the Grants Management System (GMS) no less
than 30 days prior to the grant end date.
Awards that are less than $25,000 are two years in length with an award period starting October 1, 2012
through September 30, 2014. Requests for up to two additional years to complete performance of the
award, will be granted automatically, pursuant to 42 U.S.C. § 3751(f). Extensions beyond a four- year
period may be approved on a case-by-case basis at the discretion of BJA and must be requested via the
Grants Management System (GMS) no less than 30 days prior to the grant end date.
What is the period of expenditure? If we plan to obligate funds within the next several months, is a preagreement cost letter necessary or possible?
The budget/project period is four years for all FY 2013 JAG awards that are $25,000 or more and two
years for all awards that are less than $25,000. Accordingly, a project period for an award of $25,000 or
more is October 1, 2012 to September 30, 2016; while a project period for an award that is less than
$25,000 is October 1, 2012 to September 30, 2014. Grantees may begin to obligate (but not expend) funds
retroactively to the project period start date onward for all JAG awards; absent a withholding special
condition(s) in the award document that specifically prohibits this.
6
What is a “Governing Body,” and what does the “Governing Body Review” entail?
Examples of governing bodies are a state commission, city council, tribal council, county commission,
county board of supervisors, or other legislative body at the local level. Follow your local laws and
procedures for providing the application to the governing body. For example, based on your internal
procedures, you may need to provide a copy of your grant application to the administrative assistant for
the city to distribute to the city council. The manner in which you notified your governing body, and the
date this was completed should then be included in the Review Narrative portion of your application
(along with information regarding public comment).
Applicants for a JAG award must make the grant application available for review by the governing body
of the state or unit of local government, or an organization designated by that governing body, not fewer
than 30 days before the application is submitted to BJA.
Our governing body meets only once a month. How can I meet the 30-day governing body review
requirement and still submit my application before the application deadline?
The application must be submitted for review by a governing body at least 30 days prior to submission to
BJA. Governing body approval is not required in order to submit the application to BJA. Submit your
application via GMS no later than the application deadline, regardless of whether the local review process
is complete. If the application is not complete, or you do not meet the 30-day governing body review
requirement, BJA will add a special condition to the award that will withholding the expenditure of grant
funds until you submit documentation confirming the requirement has been met.
If we have received an official document indicating “Governing Body Approval” of the application, do
we still need to track the 30 days since the Governing Body received notice?
If Governing Body approval has been granted, please provide the date of approval rather than the date of
notification in the Review Narrative portion of the application. The 30 day notification requirement will
have been satisfied at the time of approval.
What is the “Public Comment” requirement?
Applicants must provide an opportunity for the public to comment on their JAG application. The manner
in which the public is notified and given an opportunity to comment, as well as the pertinent dates, should
be included in the Review Narrative portion of the application (along with information regarding the
governing body review). If the requirement is not met at the time of submission, BJA will process the
application, but BJA will add a special condition to the award that will withhold the expenditure of grant
funds until you submit documentation confirming the requirement has been met. Common forms of
public notification include web site and newspaper postings, and city council, tribal council, and county
board hearings that are open to the public.
Does the public comment requirement have to be completed 30 days prior to submitting the application?
No. The governing body notification must occur 30 days prior to application submission. This
requirement should not be confused with the public comment requirement, which stipulates the
application must be made public, with an opportunity for comment, any time prior to application
submission.
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Am I required to hold a public hearing, or can I post a notice in our local newspaper or on our
department’s web site in order to satisfy the public comment requirement?
The JAG statute does not specify how you notify the public. BJA recommends that you follow your local
public notification process.
Is there a requirement to have an advisory board review the application?
No. There are no statutory requirements under the JAG Program to have an advisory board review the
application.
What are some examples of documenting the governing body review and public comment?
Below are notification language templates that can be utilized in completing this section of the
application.
The (provide name of State/Territory) made its Fiscal Year 2013 JAG application available to
the (provide name of governing body) for its review and comment on (provide date); or intends
to do so on (provide date).
The (provide name of City/County for Local JAG and name of State for State JAG) made its
Fiscal Year 2013 JAG application available to citizens for comment prior to application
submission by (provide means of notification); or the application has not yet been made
available for public review/comment.
What must be included in the project abstract?
Applicants must provide an abstract that includes the applicant's name, title of the project, goals of the
project, and a description of the strategies to be used. In addition, above or below the abstract narrative,
State JAG applicants must identify up to 10 project identifiers (Local JAG applicants must identify
up to 5 project identifiers) that would be associated with proposed project activities. The list of all
identifiers can be found at https://www.bja.gov/Funding/JAGIdentifiers.pdf. The abstract should not
exceed a half-page, or 400-500 words.
Is match required?
While match is not required under the JAG Program, match is an effective strategy for states and units of
local government to expand justice funds and build buy-in for local criminal justice initiatives.
Use of Funds:
What can JAG funds be used for?
Grantees may utilize JAG funds for state and local initiatives, technical assistance, training, personnel,
equipment, supplies, contractual support, and information systems for criminal justice, as well as research
and evaluation activities that will improve or enhance law enforcement programs related to criminal
justice. Some examples include: prosecution and court programs; prevention and education programs;
corrections and community corrections programs; drug treatment and enforcement programs; planning,
evaluation, and technology improvement programs; and crime victim and witness programs (other than
compensation).
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Is there anything that JAG funds cannot be used for?
Yes. JAG funds may not be expended outside of the JAG purpose areas. Even within the purpose areas,
however, JAG funds may not be used directly or indirectly for security enhancements or equipment to
nongovernmental entities not engaged in criminal justice or public safety. In addition, JAG funds may not
be used directly or indirectly to provide for any of the following matters unless BJA certifies, in advance,
that extraordinary and exigent circumstances exist, making them essential to the maintenance of public
safety and good order: vehicles (excluding police cruisers); vessels (excluding police boats); aircraft
(excluding police helicopters); Unmanned Aircraft, Aircraft System, or Aerial Vehicles (UA/UAS/UAV);
luxury items; real estate; construction projects (other than penal or correctional institutions); and any
similar matters. For information on how to request such a determination, please see the FAQ below
regarding obtaining BJA certification.
Do allowable Prosecution and Court Programs funded under JAG include Indigent Defense?
Grantees may utilize JAG funds for a wide range of state, local, and/or tribal prosecution and court
programs; including indigent defense.
Are there any restrictions on JAG funds being used for DNA testing?
If JAG program funds will be used for DNA testing of evidentiary materials, any resulting eligible DNA
profiles must be uploaded to the Combined DNA Index System (CODIS), by a government DNA lab with
access to CODIS. No profiles generated with JAG funding may be entered into any other nongovernmental DNA database without prior express written approval from BJA. For more information,
refer to the NIJ FY 2013 DNA Backlog Reduction Program, available at
https://www.ncjrs.gov/pdffiles1/nij/sl001062.pdf.
In addition, funds may not be used for purchase of DNA equipment and supplies when the resulting DNA
profiles from such technology are not accepted for entry into CODIS (the National DNA Database
operated by the FBI).
Can JAG funds be used in conjunction with Bulletproof Vest Partnership (BVP) Program funds to satisfy
the 50 percent match requirement?
No, matching funds may not come from another federal source; including JAG. Prior to using JAG funds
to purchase ballistic-resistant and stab-resistant body armor, a jurisdiction must certify that JAG funds
will not be used to pay for the portion of a vest (50 percent) that is not covered by BVP funds. Although
JAG funds may not be used as the 50 percent match for BVP purposes, they may be used to purchase
vests for an agency.
Are jurisdictions required to have a mandatory wear policy in place in order to purchase body armor with
JAG funds?
Due to the increase in the number of law enforcement officer deaths, coupled with efforts to improve
officer safety, jurisdictions must certify that law enforcement agencies receiving ballistic-resistant and
stab-resistant body armor purchased with JAG funds have a written "mandatory wear" policy in effect.
Fiscal agents and state agencies must keep signed certifications on file for any subrecipients planning to
utilize JAG funds for ballistic-resistant and stab-resistant body armor purchases. This policy must be in
place for at least all uniformed officers before any FY 2013 funding can be used by the agency for
ballistic-resistant and stab-resistant body armor. There are no requirements regarding the nature of the
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policy other than it being a mandatory wear policy for all uniformed officers while on duty. For more
information, please refer to the BVP mandatory wear FAQs.
Where can a copy of the certification related to body armor mandatory wear requirements be found?
A copy of the certification related to bulletproof vest mandatory wear requirements can be at:
www.bja.gov/Funding/13JAGBVPCert.pdf.
If my agency decides post award that it wants to use JAG funding for the purchase of body armor, what is
the process to submit a mandatory wear certification?
If your agency did not request and receive approval to use JAG funding for body armor at the time of
application, a “Program Office Approval” Grant Adjustment Notice (GAN) must be submitted with an
attached signed mandatory wear certification. The certification must be signed by the agency’s authorized
representative making the purchase. For step by step instructions regarding how to submit a GAN please
refer to the GMS Computer-Based Training web page. Fiscal agents and state agencies must keep signed
certifications on file for any subrecipients planning to utilize JAG funds for body armor purchases.
Is there any particular vest that a jurisdiction must purchase to meet the JAG requirements?
Yes. Vests purchased with JAG funds may be purchased at any threat level, make, or model from any
distributor or manufacturer, as long as the vests have been tested and found to comply with applicable
National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor
Model List (http://nij.gov). In addition, vests purchased must be American-made. The latest NIJ standard
information can be found at: www.nij.gov/topics/technology/body-armor/safety-initiative.htm.
If an officer is injured and/or killed in line of duty and was NOT wearing a vest as required by policy,
would the officer’s survivors risk losing federal benefits?
No blanket policy or automatic disqualification shall be implemented regarding this policy and its effects
on federal death, disability or educational benefits through the Public Safety Officers' Benefits Program
(PSOB).
Can JAG funds be used to purchase body armor for fight fighters or Emergency Medical Service (EMS)
personnel?
Yes, JAG funds can be used for these purchases.
Can JAG funds be used for Unmanned Aircraft, Aircraft System, or Aerial Vehicles (UA/UAS/UAV)?
No JAG funds may be expended on these items unless the BJA Director certifies that extraordinary and
exigent circumstances exist, making them essential to the maintenance of public safety and good order.
As well, any grant award using funds for this purpose may be subject to additional reporting criteria,
which will be spelled out in a customized special condition attached to the grant award.
What types of police vehicles may be purchased?
You can use JAG funds to purchase police cruisers (marked or unmarked), as well as police motorcycles
and helicopters. For purposes of this grant program, a police cruiser is defined as a vehicle used in the
ordinary course by police forces in the United States for law enforcement activities such as patrolling,
temporarily detaining and transporting individual prisoners. Examples include sedans and sport utility
vehicles (SUVs). The purchase of any other vehicle (i.e. pick-up trucks, passenger vans, command
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centers, unmanned aircraft, aircraft system, or aerial vehicles, etc.) may be permitted if the Director of
BJA determines that extraordinary and exigent circumstances exist that make the use of funds to purchase
the vehicle essential to the maintenance of public safety and good order. For information on how to
request such a determination, please see the FAQ below regarding obtaining BJA certification.
Are Segways considered vehicles and therefore require a certification of extraordinary and exigent
circumstances?
As long as that mode of transportation, such as bicycles, Segways, golf carts, or ATVs, does not require
licensing or registration with your state’s department of motor vehicles, JAG funds may be used for the
purchase. Under these types of purchases, there is no need for a certification of extraordinary or exigent
circumstances.
Please note that, unlike segways, unmanned aircraft, aircraft system, or aerial vehicles require
approval by the Director of BJA regardless of licensing or registration.
Can JAG funds be used for construction or renovation projects?
Under JAG, construction and major renovation projects are limited to penal or correctional institutions.
Minor renovation of other types of facilities is allowable using JAG funds, so long as the project(s) fits
within one of the JAG purpose areas. “Minor renovation” projects are those for which¸ viewing the
project as a whole, none of the related work is not of a structural nature (e.g. “bricks and mortar”
construction), and the renovation does not change the basic prior use or size of the facility.
Use of JAG funds for projects involving construction or major renovations of facilities other than penal or
correctional institutions may be permitted, if the Director of BJA determines that “extraordinary and
exigent circumstances exist that make the use of such funds [for construction or major renovation of a
facility other than a penal or correctional institution] essential to the maintenance of public safety and
good order.” For information on how to request such a determination, see the FAQ below regarding
obtaining BJA certification.
In addition, any project that involves construction or major renovation will be subject to environmental
analysis requirements pursuant to the National Environmental Policy Act (NEPA).
If our agency intends to request a type of vehicle, construction project, or other expenditure requiring BJA
certification at the time of application, what is the process?
A letter on the agency’s letterhead requesting BJA Director Certification of the proposed purchase and/or
project should be included with your application. The letter must indicate the extraordinary and exigent
circumstances existing that make the proposed purchase and/or project essential to the maintenance of
public safety and good order. The letter must be signed by your agency’s authorized representative.
If my agency decides post award that it wants to use JAG funding for the purchase of a vehicle,
construction project, or other expenditure requiring BJA certification, what is the process?
If your agency did not request and receive approval to use JAG funding for a vehicle, construction
project, or other expenditure requiring BJA certification at the time of application, a “Program Office
Approval” Grant Adjustment Notice (GAN) must be submitted with an attached justification letter on
agency letterhead. The letter attached to the GAN must indicate the extraordinary and exigent
circumstances existing that make the proposed purchase and/or project essential to the maintenance of
public safety and good order. The letter must be signed by your agency’s authorized representative. For
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step by step instructions regarding how to submit a GAN please refer to the GMS Computer-Based
Training web page.
Is there a cap on the amount of overtime pay for state and local law enforcement officers?
Although the JAG program does not outline a specific cap on overtime pay for law enforcement officers,
federal regulations do require that personnel compensation always be reasonable in light of the services
rendered.
Can JAG funds be used to purchase Buprenorphine, an FDA-approved opiate drug therapy for heroin
addiction (similar to methadone)?
BJA is not aware of any specific restrictions regarding the purchase of Buprenorphine with JAG funding.
However, as always, any JAG Program expenditure must fulfill at least one of the purpose areas specified
by the JAG statute.
What supplanting rules apply to JAG funding?
Supplanting is prohibited under JAG. Applicants cannot replace or supplant non-federal funds that have
been appropriated for the same purpose
For additional guidance regarding supplanting, refer to the information provided at
www.ojp.usdoj.gov/funding/other_requirements.htm.
Can multiple federal grant awards be used to support the same project?
Federal grant awards, including a JAG award, may be used in conjunction with other federal grant awards
to complete a project, providing there are no prohibitions against using multiple federal awards for a
project. For example, a city may utilize JAG and Homeland Security Grant Program (HSGP) money to
fund different portions of a fusion center project. In instances where leveraging occurs, all federal grant
funds must be tracked and reported on separately and may not be used to fund the same line items.
Additionally, federal funds cannot be used as match for other federal awards.
Who is eligible to use administrative funds?
A JAG recipient may use up to 10 percent of the award, including interest, for costs associated with
administering JAG funds. For local JAG recipients in disparate situations, sub-recipients can use
administrative funds as well, so long as it is agreed upon in a Memorandum of Understanding (MOU) that
is attached with the application or to a Grant Adjustment Notice (GAN) if the decision to share
administrative funds is decided upon post-award. The total administrative funds used must not exceed 10
percent of the total award, and administrative funds may also include indirect costs.
Can JAG funds be used to purchase firearms and drugs during undercover operations?
JAG funds may be used as confidential funds for the purchase of services (buy money), evidence
(narcotics, firearms, stolen property, etc.), and specific information (informant money) for undercover
purposes in accordance with 42 U.S.C 3751(d). If the activity is approved by BJA, the terms and
conditions for the use of confidential funds set forth in the OJP Financial Guide (chapter 8) must be
followed. In addition, prior to the expenditure of any confidential funds, the recipient and any
subrecipients must agree to sign a certification indicating that they have read, understood and agree to
abide by all of the conditions pertaining to confidential fund expenditures as set forth in the OJP Financial
Guide
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If my agency decides to use JAG funding to enter into a sole source contract greater than $100,000, what
is the process?
If your agency wishes to enter into a sole source contract greater than $100,000, a “Sole Source
Approval” Grant Adjustment Notice (GAN) must be submitted post-award with an attached sole source
justification. The sole source justification must include the following sections: 1) Brief description of
program and the product or service being contracted; 2) Explanation of why it is necessary to contract
non-competitively, including the following contractor qualities: a. Organizational expertise b.
Management c. Knowledge of the program d. Responsiveness e. Expertise of personnel; 3) Statement of
when contractual coverage is required and, if dates are not met, what impact it will have on the program
(for example, how long it would take another contractor to reach the same level of competence). Make
sure to include the financial impact in dollars; 4) Outline of the unique qualities of the contractor 5) Other
points to “sell the case”; 6) Declaration that this action is in the “best interest” of the grantor agency
and/or the federal government; and 7) Conflict of Interest Review. For step by step instructions regarding
how to submit a GAN please refer to the GMS Computer-Based Training web page. For more
information on sole source justifications, please review the OJP Financial Guide.
Disparate Information:
My city is listed along with my county under the column “Joint Application (Disparate) Award Amount.”
What does this mean?
If your jurisdiction is listed with another city or county government, you are in a funding disparity. The
JAG statute requires that if a city qualifies for one-and one-half times (150 percent) more funding or if
multiple cities receive four times (400 percent) more funding than a qualifying county with concurrent
jurisdiction, there is a funding disparity. In this situation, the units of local government must apply for an
award with a single, joint application. For more information about the disparate allocation process, see the
Bureau of Justice Statistics Technical Report.
How do we determine which single unit of local government will be the fiscal agent responsible for
applying for the funds?
This is a decision to be made by the units of local government. Consider which local government is most
capable of adhering to the financial and programmatic requirements according to federal guidelines
governing expenditure, monitoring, and reporting for JAG funding.
Who is responsible for EEOP requirements in a disparate funding situation? Is it only the fiscal agent or
are the other funded partners also responsible?
Pursuant to 28 C.F.R. Section 42.302, all recipients of federal funding must be in compliance with federal
EEOP requirements. In addition, the grant recipient must acknowledge that all programs funded through
subawards, whether at the state or local level, conform to the grant program requirements.
Our jurisdiction will be submitting an application as the fiscal agent for our group of disparate
jurisdictions. Do the Governing Body and Public Notice requirements apply to each disparate jurisdiction,
or just the fiscal agent?
The governing body and public comment requirements apply to the applicant. Each unit of local
government must abide by state/local policies and procedures, but the requirements under JAG apply to
the applicant.
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Are the city and the county required to work on the same project or purpose area?
No. All units of local government within the disparate jurisdiction may fund individual projects. For
example, the city may choose to purchase equipment, and the county may wish to fund a drug task force.
Alternatively, funds may also be combined to fund one joint project.
Are disparate jurisdictions required to submit a Memorandum of Understanding (MOU) even if they
agree to use the entire award amount for the same purpose?
Yes. A JAG MOU, signed by each jurisdiction’s authorized representative, is required from all disparate
applicants, regardless of the manner in which funds will be used or distributed. As an example, the county
would like to administer a drug court that would benefit all cities listed as disparate. The cities agree with
this strategy, and the total allocation is awarded to the county. In this scenario, each city must be included
in the JAG MOU, and indicate agreement that the county will receive the total allocation. The JAG MOU
must certify that the city or county that does not receive funds: 1) recognizes the funds in question will be
provided for a single project; 2) believes the proposed project will provide a direct local benefit to their
city or county; and 3) agrees providing funding for a single project is in the best interest of their
city/county.
How do I provide the JAG MOU to BJA?
When completing your application in GMS, upload the signed JAG MOU as an attachment to that
application. If your JAG grant has already been awarded, fax or email the signed JAG MOU to your State
Policy Advisor. Funds from your JAG award will be withheld until the JAG MOU is received and
approved by BJA.
How do we determine how to split the award in a disparate situation?
The units of local government within the disparate jurisdiction must agree upon an allocation process.
BJA is not involved in this decision process.
What happens if the disparate jurisdictions cannot reach an agreement on how JAG funds will be
distributed?
JAG funds are withheld until a JAG MOU signed by the authorized representative of each unit of local
government is submitted.
How do I find out what my jurisdiction’s potential allocation is within the disparate allocation process?
Each disparate jurisdiction’s eligible amount (based on the formula) is available at
www.bja.gov/programs/jag/13jagallocations.html.
Reporting and Other Requirements:
What are the specific reporting requirements once a JAG grant is awarded?
All JAG grantees must submit quarterly Federal financial reports (FFRs) and an annual programmatic
report through the OJP Grants Management System (GMS). In addition, a quarterly performance
measurement tool (PMT) report must be completed. The PMT is due 30-days after the end of each
quarter. On an annual basis, the data submitted in the PMT must be uploaded as an attachment to the
programmatic report in GMS.
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For additional information regarding JAG Program reporting requirements, please refer to the JAG
Program solicitations or the JAG Program Reports page.
What is the process for updating contact information related to my grant award?
Award Recipients should regularly verify Point of Contact (POC), Financial Point of Contact (FPOC),
and Authorized Representative contact information in the Grants Management System (GMS). If
information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted in GMS to
document the changes. Step by step instructions for submitting a GAN are available at GMS ComputerBased Training web page. If the FPOC has changed, step by step instructions on updating this can be
found at www.ojp.usdoj.gov/training/pdfs/gms_userguide.pdf.
In addition, all awards made during FY 10 and beyond will have the following special condition attached:
“Award recipients must verify Point of Contact (POC), Financial Point of Contact (FPOC), and
Authorized Representative contact information in GMS, including telephone number and e-mail address.
If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via
the Grants Management System (GMS) to document changes.”
Does BJA have additional information on the Task Force Training Special Condition?
When a task force is supported in whole or in part by BJA funding, each current member of a law
enforcement task force funded with these funds who is a task force commander, agency executive, task
force officer, or other task force member of equivalent rank, will complete required online (internetbased) task force training. This training must be completed within 120 days of award acceptance.
Additionally, all future task force members are required to complete this training once during the life of
this award, or once every four years if multiple awards include this requirement. The training is provided
free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). This
training addresses task force effectiveness as well as other key issues including privacy and civil
liberties/rights, task force performance measurement, personnel selection, and task force oversight and
accountability. When BJA funding supports a task force, a task force personnel roster should be compiled
and maintained, along with course completion certificates, by the grant recipient. Additional information
is available regarding this required training and access methods via BJA's web site and the Center for
Task Force Integrity and Leadership (www.ctfli.org).
What is the Federal Funding Accountability and Transparency Act (FFATA) of 2006 and how does it
affect JAG recipients?
Consistent with the FFATA, all direct award recipients of $25,000 or more in JAG funding, will be
required to report award information on any first-tier sub-awards totaling $25,000 or more, and, in certain
cases, to report information on the names and total compensation of the five most highly compensated
executives of the recipient and first-tier sub-recipients. Reports regarding sub-awards must be made
through the FFATA Sub-award Reporting System (FSRS), found at www.fsrs.gov/.
The prime recipient will have until the end of the month plus one additional month after an award or
subaward is obligated to fulfill the reporting requirement. For example, if a subaward was made on
October 15, 2013, the prime recipient has until November 30, 2013 to report the subaward information.
Please note that the FFATA requirement only applies to FY 11 JAG awards and forward. Additional
FFATA FAQs can be found at https://www.fsrs.gov/#a-faqs.
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Administration:
How will I be notified when my award is made?
Grantees are automatically notified by email after BJA awards your grant. Because of this, it is critical
that contact information entered into your grant application is accurate.
Now that I received my JAG award, are there any written post-award instructions?
Yes. The online Office of Justice Programs (OJP) Post-Award Instructions includes detailed guidance.
How do I decline my JAG award?
If your jurisdiction does not intend to utilize the JAG award, please contact your State Policy Advisor
(SPA) immediately. A declination statement on letterhead must be sent to your assigned SPA via email,
fax, or mail. The declination statement must be signed by the Authorized Representative from the legal
entity (City, County, or Tribe). If you are part of a disparate jurisdiction, the Authorized Representative
for each jurisdiction in the group must sign the declination letter as well. A JAG award cannot be marked
as declined until this letter is received by BJA.
How do I receive my JAG award payments?
Payment requests are made through the Grant Payment Request System (GPRS). Once you request a
payment, funds are electronically deposited to your bank account. You must have an up-to-date
Automated Clearing House (ACH) banking form on file with the Office of the Chief Financial Officer
prior to attempting to access funds. Please see Step 5 Accessing Payment in the OJP Post Award
Instructions for step-by-step guidance.
Can a JAG grantee drawdown the full grant award amount in one transaction?
Up front draw down of all funds is allowable under the JAG Program. However, the OJP Grant Payment
Request System (GPRS) may not allow you to complete the draw down in one transaction. If GPRS
denies your draw down request and there are no withholding special conditions or holds on your award
funds, attempt to draw down in two separate transactions. If you still encounter issues, contact the Office
of the Chief Financial Officer Customer Service at 1-800-458-0786.
What type of bank account must be used for JAG funds?
Per the JAG legislation, “a State or unit of local government shall establish a trust fund in which to
deposit amounts.” The trust fund may be interest or non-interest bearing. For assistance with trust funds,
please contact the Office of the Chief Financial Officer’s Customer Service Center at 1-800-458-0786
(option 2). This also applies to any sub-recipients that receive JAG funds from a fiscal agent.
What are the obligation and expenditure rules under JAG?
All JAG funds, including interest earned, must be obligated by the award end date and liquidated
no later than 90 days thereafter. Any unobligated or unexpended funds, including interest earned,
must be returned to the Office of Justice Programs at the time of closeout.
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Is the State Administering Agency (SAA) required to have a strategic plan in place, and does this plan
have to be attached with the State JAG application?
States and Territories are strongly encouraged to use JAG funding in support of their existing statewide
strategic plan. If available, attach a current version of your state’s strategic plan with this application. If
such a plan does not now exist, states/territories should develop and undertake a strategic planning
process, using a community engagement model, in order to guide spending under this and future fiscal
year allocations.
At a minimum, the program narrative should describe the state's strategic planning process that guides its
priorities and funding strategy. This should include a description of how local communities are engaged
in the planning process and the data and analysis utilized to support the plan; it should identify the
stakeholders currently participating in the strategic planning process, the gaps in the state's needed
resources for criminal justice purposes, and how JAG funds will be coordinated with state and related
justice funds.
If our State Administering Agency (SAA) intends to request a pass-through waiver at the time of
application which requires BJA certification, what is the process?
If an SAA wishes to fund a project that will be administered by the state but be counted as variable passthrough for JAG purposes, it may do so if the project will directly benefit a unit(s) of local government,
and if each local jurisdiction to benefit voluntarily signs a waiver. This waiver must certify that the local
jurisdiction: (1) recognizes that the funds in question are set aside for local government use; (2) believes
that the proposed project will provide a direct local benefit; and, (3) agrees that funding the project at the
state level is in the best interests of the unit of local government. To request a waiver, an SAA must attach
a formal request on agency letterhead to the application in GMS. This request must detail how funds will
be used to serve the local jurisdictions, demonstrate that the local agencies have agreed and signed on to
the reduced pass through amount, and be signed by an authorized representative.
If our State Administering Agency (SAA) decides post award that it wants to request a pass-through
waiver which requires BJA certification, what is the process?
If an SAA wishes to fund a project that will be administered by the state but be counted as variable passthrough for JAG purposes, it may do so if the project will directly benefit a unit(s) of local government,
and if each local jurisdiction to benefit voluntarily signs a waiver. This waiver must certify that the local
jurisdiction: (1) recognizes that the funds in question are set aside for local government use; (2) believes
that the proposed project will provide a direct local benefit; and, (3) agrees that funding the project at the
state level is in the best interests of the unit of local government. To request a waiver, an SAA must
submit a “Program Office Approval” Grant Adjustment Notice (GAN) in the Grants Management System
(GMS) and attach a formal request on agency letterhead. This request must detail how funds will be used
to serve the local jurisdictions, demonstrate that the local agencies have agreed and signed on to the
reduced pass through amount, and be signed by an authorized representative.
What is the process for modifying budgets under JAG?
If your agency would like to modify its JAG budget, email your State Policy Advisor with the details of
all requested changes. If a change in project scope is not occurring, email approval is sufficient. If there is
a change in project scope, a Change Project Scope GAN must be submitted. Supporting justification that
indicates the reason the modification is requested, as well as a breakdown of all new costs and a narrative
supporting those costs, should be attached. You must be current on the reporting requirements in order for
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the GAN to be approved. For step by step instructions on submitting a GAN, please refer to the GMS
Computer-Based Training web page.
Can my JAG award be closed prior to its end date and what are the advantages?
JAG awards may be closed as soon as all funds have been obligated and all project activities have
concluded. A final Federal financial report (FFR) and programmatic report must be submitted in GMS in
order to begin the closeout process. In addition, a final performance measurement tool (PMT) report must
be completed and uploaded as an attachment to the final programmatic report in GMS. Step by step
closeout instructions can be found here: GMS Computer-Based Training web page. The early closure of
JAG awards helps demonstrate the effectiveness/impact of JAG funding, and saves time for grantees
since no additional reports are required after closeout.
Where can I find instructions for submitting Federal financial reports, JAG progress reports, grant
adjustment notices (GANs) and/or closeouts in GMS?
Detailed training guides are available on the GMS Computer-Based Training web page.
Can I speak to a live person at BJA regarding my JAG award?
Please refer to the State Policy Advisor list for the appropriate contact. Each state and territory has a
designated BJA State Policy Advisor.
18
Date: June 11, 2013
Exhibit: Attached
ITEM: I.4.
Landlord Estoppel, Agreement, and Consent to Leasehold
Mortgage with Moran Foods, LLC
ITEM INFORMATION:
Davidson County and the City of Lexington (landlords) entered a Ground Lease
Agreement with Moran Foods, Inc. (tenant) on October 13, 2010. Supervalu
Holdings, Inc., the successor-in-interest to Moran Foods, Inc., has requested that
the landlords execute the attached Landlord Estoppel, Agreement, and Consent
to Leasehold Mortgage in order to enable Supervalu to obtain financing, as was
anticipated by the original Ground Lease Agreement.
ACTION TO BE TAKEN:
Approve and authorize execution of Landlord Estoppel, Agreement, and Consent
to Leasehold Mortgage,
FOLLOW-UP:
Execution of document and return to Moran Foods, LLC
Debbie Harris
From:
Sent:
To:
Subject:
Attachments:
Chuck Frye
Thursday, June 06, 2013 3:52 PM
Debbie Harris
FW: Moran Foods, LLC dba Save-A-Lot - request for LL estoppel
#32520 - Landlord Estoppel-v2.doc
Importance:
High
Attach enclosed doc to agenda. From: [email protected] [mailto:[email protected]]
Sent: Thursday, June 06, 2013 3:43 PM
To: [email protected]; Chuck Frye
Subject: RE: Moran Foods, LLC dba Save-A-Lot - request for LL estoppel
Ms. Penry and Mr. Frye, Per Mr. Frye’s email, attached is a proposed final document on this Landlord estoppel/waiver. We appreciate all of your efforts to get this signed early next week if possible. I understand that you are both very busy and that this timing is not ideal. Please let me know if you have any questions‐ Thanks, Colleen Colleen A. Windler
Associate
..............................................
WWW.DORSEY.COM :: MINNEAPOLIS :: BIO :: V-CARD
..............................................
D O R S E Y & W H I T N E Y LLP
Suite 1500, 50 South Sixth Street
Minneapolis, MN 55402-1498
P: 612.492.6541 F: 612.395.9137 C: 612.242.2024
..............................................
CONFIDENTIAL COMMUNICATION
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient.
Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received
this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments,
including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof.
Thank you. From: Phyllis Penry [mailto:[email protected]]
Sent: Thursday, June 06, 2013 11:05 AM
To: Windler, Colleen
Subject: Moran Foods, LLC dba Save-A-Lot - request for LL estoppel
1
I am waiting to hear from Mr. Frye as to other directors' approval. We could conceivably do it on the 10th (not
probable) or on the 24th.
-Phyllis S. Penry
17 East Center Street
P. O. Box 626
(336) 248-6222
IRS CIRCULAR 230 Notice: To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any US tax advice
contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding
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this communication.
2
LANDLORD ESTOPPEL, AGREEMENT, AND CONSENT TO LEASEHOLD
MORTGAGE
THIS LANDLORD ESTOPPEL, AGREEMENT, AND CONSENT TO
LEASEHOLD MORTGAGE (the “Agreement”) is dated this ____ day of ____________,
2013 by DAVIDSON COUNTY, a body corporate and politic of North Carolina, and CITY OF
LEXINGTON, a municipal corporation of the state of North Carolina (collectively, the
“Landlord”), in favor, and for the benefit, of (1) GOLDMAN SACHS BANK USA, as
Collateral Agent and Administrative Agent (together with its respective successors and assigns,
“Term Loan Agent”) for the Term Loan Lenders from time to time party to the Term Loan
Credit Agreement described below, and (2) WELLS FARGO BANK, NATIONAL
ASSOCIATION, as Administrative Agent (together with its respective successors and assigns,
“ABL Agent,” and together with Term Loan Agent, the “Agents”) for the ABL Lenders from
time to time party to the Revolving Loan Credit Agreement described below.
WHEREAS, Landlord has heretofore leased certain lands legally described on
Exhibit A attached hereto (the “Premises”) to Supervalu Holdings, Inc., a Missouri corporation,
successor-in-interest to Moran Foods, LLC, successor-in-interest to Moran Foods, Inc.
(“Tenant”) which is the present tenant under that certain Ground Lease by and between Landlord
and Tenant, dated as of October 13, 2010, recorded February 15, 2012 as Instrument No.
201200003435 in Book 2046, Page 1517 with the Register of Deeds, Davidson County Registry
(“Register of Deeds”), as assigned by ______________ dated ____________, 2013 and recorded
_______________, 2013 as Instrument No. _____________ in Book ___, Page ____ with the
Register of Deeds (the “Lease”). Any capitalized term not otherwise defined herein shall have
the meaning set forth in the Lease.
WHEREAS, reference is made to that certain Term Loan Credit Agreement,
entered or to be entered into (as it may be amended, supplemented, amended and restated,
replaced, refinanced or otherwise modified from time to time, the “Term Loan Credit
Agreement”) entered into by, among other parties, SUPERVALU INC., a Delaware corporation
(“Borrower”), the several banks and other financial institutions or entities from time to time
parties to the Term Loan Credit Agreement (the “Term Loan Lenders”), Goldman Sachs Bank
USA, as administrative agent, Term Loan Agent, and certain other parties to the agreement from
time to time.
WHEREAS, reference is made to that certain Revolving Loan Credit Agreement,
entered or to be entered into (as it may be amended, supplemented, amended and restated,
replaced, refinanced or otherwise modified from time to time, the “Revolving Loan Credit
Agreement,” and together with the Term Loan Credit Agreement, the “Credit Agreements”)
entered into by, among other parties, Borrower, the several banks and other financial institutions
or entities from time to time parties to the Revolving Loan Credit Agreement (the “ABL
Lenders,” and together with the Term Loan Lenders, the “Lenders”), ABL Agent, and certain
other parties to the agreement from time to time.
WHEREAS, in connection with the transactions contemplated under the Credit
Agreements, Tenant desires to grant to the Agents, as security for the loans made by the Lenders
Landlord Estoppel, Agreement, and Consent (Property #32520)
NY\5677679.14851-5489-2307\2
1
pursuant thereto, among other security interests, respectively a first and second leasehold deed of
trust or mortgage, as the case may be, on Tenant’s interest in the Lease (collectively,
the “Leasehold Mortgages”).
WHEREAS, the Lenders have required that the Landlord enter into this
Agreement for the Lenders’ benefit.
NOW THEREFORE, in consideration of ten dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord
hereby certifies to and covenants to the Agents as follows:
1.
The term “Lender Representative” as used herein means Term Loan
Agent until such time as Term Loan Agent gives notice to Landlord that Lender Representative
is Revolving Loan Agent, and from and after the giving of any such notice from Term Loan
Agent to Landlord, the term “Lender Representative” will mean Revolving Loan Agent.
2.
Landlord hereby consents to the granting of the Leasehold Mortgages by
Tenant in favor of each Agent. Upon the recording of each Leasehold Mortgage, Landlord
hereby agrees that each Agent, for its benefit and the benefit of the respective Lenders, and any
further assignees, will be recognized as Tenant’s mortgagees for all purposes under the Lease,
and agrees that neither the grant of each such Leasehold Mortgage nor the enforcement thereof
will create a default under the Lease’s terms. Landlord confirms that Landlord is not permitted,
in the absence of an uncured default of Tenant under the Lease, to disturb the possession, interest
or quiet enjoyment of Tenant in a manner that would adversely affect the security provided in
each Leasehold Mortgage.
3.
Landlord hereby waives and relinquishes any and all landlord’s lien, rights
of levy or distraint, claim, security interest or other interest that Landlord may now or hereafter
have in or with respect to any of Tenant’s furniture, fixtures, equipment and other personal
property now or hereafter located on the Premises (collectively, the "Personal Property"),
whether for rent or otherwise. The Agents’ security interests in the Personal Property pursuant to
the Credit Agreements, and all of the various agreements, instruments, and documents entered
into in connection therewith, is and will be superior to any lien, right or claim of title of any
nature that Landlord now has or hereafter may have or assert in or to the Personal Property by
statute, the Lease, any other agreement or otherwise. The Personal Property may be installed in
or located on the Premises and is not and shall not be deemed a fixture or part of the real
property but shall at all times be considered personal property owned by the tenant under the
Lease.
4.
The Agents (and/or their designees), at their option, may enter and use the
Premises for the purpose of repossessing, removing, selling (at public or private sale),
assembling, appraising, or otherwise dealing with any of the Personal Property, and such license
shall be irrevocable and shall continue from the date that the Agents (and/or their designees)
enter the Premises pursuant to the rights granted to them herein for a period not to exceed one
hundred fifty (150) days from such entry, or if continuing later, until the receipt by Lender
Representative (and/or its designees) of written notice from the undersigned directing removal of
the Personal Property; provided, that, (a) for each day that an Agent (or its designee) uses the
NY\5677679.14851-5489-2307\2
1
Premises pursuant to the rights granted to it herein, unless the undersigned has otherwise been
paid rent in respect of any of such period, such Agent (and/or its designee) shall pay the regularly
scheduled rent provided under the Lease relating to the Premises between the undersigned and
Borrower, prorated on a per diem basis to be determined on a thirty (30) day month, without any
Agent thereby assuming the Lease or incurring any other obligations of Borrower and (b) any
damage to the Premises caused by an Agent (and/or its designee) or its representatives will be
repaired by such Agent (and/or its designee) (for the account of Borrower). To the extent that
either or both Agents are prohibited by any process or injunction issued by any court, or by
reason of any bankruptcy or insolvency proceeding involving Borrower, from enforcing their
security interests in the Personal Property, such one hundred fifty (150) day period shall
commence on the termination of such prohibition. Neither Agent will at any time have any
obligation to remove the Personal Property from the Premises.
5.
Landlord hereby covenants and agrees that in the event that the Lease is
terminated for any reason, or the term expires at a time when either Credit Agreement is
outstanding or in the event the Lease is rejected or disaffirmed pursuant to any bankruptcy,
insolvency or other law affecting creditor’s rights, upon Lender Representative’s request,
Landlord shall enter into a new lease with Lender Representative, for its benefit and the benefit
of the Lenders, and such new lease shall be upon all the same terms and conditions of the
unexpired term of the Lease immediately prior to such termination; provided that Lender
Representative shall have first cured any defaults of Tenant under the Lease capable of being
cured by Lender Representative.
6.
Landlord hereby covenants and agrees that Lender Representative shall
have the right, but not the obligation, to cure any default by Tenant under the Lease and Lender
Representative shall be afforded with respect to any such default the following notice and cure
periods: The Landlord will give to both Agents 30 days’ written notice of any monetary default
and 45 days’ written notice of any non-monetary default under the Lease, in each case in
accordance with the provisions of Section 12 hereof and before proceeding to exercise any legal
or contractual remedy for the enforcement of the Lease, during which period Lender
Representative may (but shall not be obligated to) cure such default. Furthermore, Landlord
agrees to accept cure from Lender Representative during any cure periods set forth in the Lease
or herein; provided, that, any payment made or act done by Lender Representative to cure such
default shall not constitute an assumption of the Lease or any of the obligations of Tenant or any
other person thereunder or otherwise.
7.
Landlord hereby covenants and agrees that after the commencement of a
foreclosure action by Lender Representative, Lender Representative or any Lender, or any
subsidiary of either, or any assignee or transferee thereof at a foreclosure sale or otherwise, may
become the tenant under the Lease.
8.
Notwithstanding anything to the contrary contained in the Lease, Landlord
acknowledges that Tenant shall have the right to assign Tenant’s interest in the Lease to Lender
Representative, its successors or assigns without the consent of Landlord and in the event that
Tenant’s interest under the Lease is so assigned to Lender Representative, its successor or assign,
then Lender Representative, its successor or assign shall (in the event that Lender Representative
acquires leasehold possession of the Premises by means of foreclosure or otherwise) have the
NY\5677679.14851-5489-2307\2
1
same rights of assignment and subletting afforded Tenant under the terms of the Lease provided
that any consent required from Landlord shall not be unreasonably withheld or unduly delayed.
9.
Notwithstanding anything to the contrary contained in the Lease, Landlord
hereby covenants and agrees that Lender Representative shall be entitled to participate in any
settlement regarding insurance or condemnation proceeds or awards, to collect and hold any such
proceeds or awards and to determine and direct whether any such proceeds or awards are made
available for the restoration of the Premises or are applied to the repayment of the loans made by
the Lenders to Tenant.
10.
Landlord hereby agrees that Lender Representative shall have the right to
exercise any option to renew the term of the Lease or any option to purchase the Premises, if
Tenant fails to exercise any option to so extend or purchase.
11.
Landlord hereby certifies to each Agent and each Lender as follows:
(a)
Landlord is the landlord under the Lease;
(b)
The Lease is in full force and effect in accordance with its terms and to the
best of Landlord’s knowledge, no default or event which, with the passage of time or the giving
of notice or both, would constitute a default, exists on the part of Landlord or Tenant thereunder;
(c)
To the best of Landlord's knowledge, each of the obligations on Tenant's
part to be performed to date under the Lease have been performed;
(d)
To the best of Landlord's knowledge, Tenant has no offsets,
counterclaims, defenses, deductions or credits whatsoever with respect to the Lease other than
Tenant’s prepayment of Fifty Thousand Dollars ($50,000.00) applicable to the last installment of
rent due and payable during the last lease year pursuant to Section 5.2 of the Lease;
(e)
There do not exist any agreements (including Subordination, NonDisturbance and Attornment Agreements) concerning the Premises, whether oral or written
between Landlord and Tenant (or its predecessors or successors) other than the Lease, except as
follows: None.
(f)
No rent has been paid more than one month in advance other than
Tenant’s prepayment of Fifty Thousand Dollars ($50,000.00) applicable to the last installment of
rent due and payable during the last lease year pursuant to Section 5.2 of the Lease;
(g)
As of the date hereof, no rent is due from Tenant under the Lease. Basic
Rent (not including “Additional Rent”) due under the Lease has been paid through ___________,
2013. “Additional Rent” has been paid through _____________, 2013;
(h)
The commencement date of the Lease was October 12, 2010, and the term
of the Lease shall expire on December 31, 2022, subject to Tenant’s right to purchase as set forth
in the Lease;
(i)
The amount of annual rent is One Hundred Forty-Five Thousand Eight
NY\5677679.14851-5489-2307\2
1
Hundred Thirty-Three and 33/100 dollars ($145,833.33.00);
(j)
Tenant has paid to Landlord the amount of $0 as a security deposit. As of
the date of this Estoppel Certificate, no portion of the security deposit has been applied to the
payment of rent or any other amounts due by Tenant under the Lease; and
(k)
A complete and correct copy of the Lease, including all modifications and
amendments thereof, is attached as Exhibit B hereto.
12.
All notices, demands, requests or other communications to be sent by
Landlord or either Agent to the other hereunder or required by law shall be in writing and shall
be deemed to have been validly given or served by delivery of the same in person to the intended
addressee, or by depositing the same with Federal Express or another reputable private courier
service for next business day delivery, or by depositing the same in the United States mail,
postage prepaid, registered or certified mail, return receipt requested, in any event:
(a)
if to Term Loan Agent, then if addressed to Goldman Sachs Bank USA,
c/o Goldman Sachs Group, Inc., 6031 Connection Drive, Irving, Texas 75039, Attention: Ken
Moua, Telephone: 972.368.2746, E-Mail: [email protected];
(b)
if to ABL Agent, then if addressed to Wells Fargo Bank, National
Association, as Revolving Loan Agent, One Boston Place, 18th Floor, Boston, Massachusetts
02108, Attention: Portfolio Manager – Supervalu, Fax: 866.617.3988; and
(c)
if to Landlord, then if addressed to Landlord at the following address:
Davidson County, P.O. Box 1067, Lexington, North Carolina 27293-1067, Attention: County
Manager and to City of Lexington, 28 West Center Street, Lexington, North Carolina 27292,
Attention: City Manager;
All notices, demands and requests shall be effective upon such personal delivery, or one (1)
business day after being deposited with the private courier service, or two (2) business days after
being deposited in the United States mail as required above. By giving to the respective other
entities at least fifteen (15) days’ prior written notice thereof in accordance with the provisions
hereof, Landlord or any Agent may from time to time change its respective address and specify
as its address any other address within the United States of America.
13.
Landlord acknowledges the validity of each Agent’s lien on the personal
property collateral of the Tenant comprised only of the improvements to the extent owned by
Tenant and, until such time as the obligations of Tenant to Lenders are indefeasibly paid in full
and all commitments of Lenders to make further loans have terminated.
14.
This Agreement and the representations and agreements made herein are
given with the understanding that this Agreement constitutes a material inducement for Lenders
to make the Loan to Tenant and that Lenders shall rely hereon in making the Loan to Tenant.
This Agreement and the representations and agreements made herein shall inure to the benefit of
Agent, Lenders, their successors and assigns and shall be binding on Landlord, its heirs, legal
representatives, successors and assigns.
NY\5677679.14851-5489-2307\2
1
This Agreement may be executed in any number of counterparts, each of
15.
which shall be deemed an original and shall be taken to be one and the same instrument, for the
same effect as if all parties hereto had signed the same signature page.
NY\5677679.14851-5489-2307\2
1
Executed this _____ day of ___________, 2013.
LANDLORD:
DAVIDSON COUNTY
By:_______________________________
Name:
Title:
CITY OF LEXINGTON
By:_______________________________
Name:
Title:
NY\5677679.14851-5489-2307\2
1
Acknowledged by Tenant this ____ day of _______________, 2013.
TENANT:
SUPERVALU HOLDINGS, INC.
By: _____________________________
Name:
Title:
NY\5677679.14851-5489-2307\2
1
Exhibit A
Premises
NY\5677679.14851-5489-2307\1
4851-5489-2307\2
Exhibit B
Copy of Lease
(See following pages.)
NY\5677679.14851-5489-2307\1
4851-5489-2307\2
Date: June 11, 2013
Exhibit: None
ITEM: I.5.
Crisis Ministries
ITEM INFORMATION:
This matter has been added to the agenda for deliberation pursuant to the June
6, 2013, Informational Meeting.
ACTION TO BE TAKEN:
FOLLOW-UP:
Date: June 11, 2013_
Exhibit: Attached
ITEM: I.6.
Designate Voting and Alternate Delegate for the NACo
Annual Conference
ITEM INFORMATION: Please review the attached information received from
NACo regarding a Voting and Alternate Delegate to participate in the
Association’s annual election of officers and policy adoption for his year’s
American County Platform.
ACTION TO BE TAKEN: Designate Voting and Alternate Delegate.
FOLLOW-UP: Complete forms and return to NACo.
Debbie Harris
From:
Sent:
To:
Cc:
Subject:
Attachments:
Petra Leonard
Thursday, June 06, 2013 2:57 PM
Debbie Harris; Anne Burkhart
Robert Hyatt; Zeb M. Hanner; Chuck Frye
RE: Addition to June 11th Agenda--Voting Delegate-NACo
CredentialsPacket.pdf
The form is on the site—I have attached it.
Petra
From: Petra Leonard
Sent: Thursday, June 06, 2013 2:55 PM
To: Debbie Harris; Anne Burkhart
Cc: Robert Hyatt; Zeb M. Hanner; Chuck Frye
Subject: Addition to June 11th Agenda--Voting Delegate-NACo
Importance: High
After Anne’s e-mail, thought I would check on the NACo website to see if I could find anything about
the voting delegate for the upcoming conference.
Based on info. I found on their site, these forms were mailed in May—I don’t recall seeing them and
neither does Robert. I am going to contact NACo staff and request that they
re-send these forms to me ASAP, preferably by e-mail.
I checked with Robert, and he is OK with adding this to the June 11th agenda (deliberation).
Petra
NACo election credentials forms due June 28
CountyNews_Byline
By Alex Koroknay-Palicz
MEMBERSHIP COORDINATOR
Page Content
Credentials and voting information for NACo’s 2013 election were mailed May 15 to the chief elected official (CEO) of each
member county.
In order to vote, a county must have paid its 2013 dues before voting occurs and have at least one paid annual conference
registration. The CEO must indicate the names of the voting delegate and alternate authorized to pick up a county’s voting
materials on the credentials form. There can only be one alternate designated on the form.
State association of counties presidents can pick up unclaimed ballots on the evening before the election unless a county’s CEO
indicates on the credentials form that the state association president cannot pick up the ballot. A county may also choose not to
cast its ballot.
1
Each member county must return a form signed by the chief elected official in order to vote. In addition to being mailed, the
credentials form is also available via a link on the NACo website at www.naco.org/credentials. The deadline to return the form is
Friday, June 28.
This year’s election will be held on Monday, July 22 at 10 a.m. during the Business Meeting at the NACo Annual Conference:
County Solutions and Idea Marketplace in Tarrant County, Texas. Counties will vote on resolutions that set NACo legislation
and association policy for the coming year. Delegates will also elect NACo officers for the coming year. The position of second
vice president is usually contested. This year, there are four announced candidates for the position.
The credentials form attests to a county’s eligibility to vote. The form contains information on the number of votes a county is
eligible to cast, as well as the identity of the delegate who is authorized to cast the county’s vote.
The number of votes per county is determined by the amount of dues it pays. Dues are based on population. NACo’s bylaws
allot one vote per $500 in dues.

Counties with dues of $400 to $499 receive one vote

Counties with dues of $500 to $999 receive two votes

Counties with dues of $1000 to $1,499 receive three votes, and so on.
The maximum number of votes a county can receive is 112.
The Credentials Committee ensures that all member counties participating in the election process, either for NACo officers or
policy, are able to do so in the most efficient and fair manner. The committee confirms requests for credentials pick up, helps
guarantee that the process runs smoothly, resolves credentials disputes, and assists during the election itself.
2
MEMORANDUM
ELECTION OF SECOND VICE PRESIDENT
To:
From:
Date:
Subject:
County Board Chairpersons, Parish Presidents, Borough Mayors,
County Judges and Elected County Executives
Chris Rodgers, NACo President
May 20, 2013
Voting Credentials – 2013 Annual Conference
NACo is preparing for the 78th Annual Conference to be held July 19-22, 2013, in Tarrant County, TX. It is
important that your county participates in the association’s annual election of officers and policy adoption. In order to
participate, a county must have paid its membership dues and have one paid registrant for the conference,
according to NACo bylaws.
Please read the enclosed information carefully. Indicate on the credentials form the name of the county voting
delegate and alternate authorized to pick up your county’s voting materials.
A checklist is enclosed to assist you in filling out the voting credentials form. Additionally, the chief elected
official of your county must sign the form. A chief elected official may include the following:
• board chair/president
• mayor
• county judge
• elected county executive
Please fill out this form in advance and mail, fax or scan and e-mail the enclosed form by FRIDAY, JUNE 28.
If you are not planning to register for the conference, you do not have to turn in the credentials form.
Alex Koroknay-Palicz - Fax (202) 393-2630
Credentials Committee
Attn: Alex Koroknay-Palicz
National Association of Counties
25 Massachusetts Ave, NW, Suite 500
Washington, DC 20001
[email protected]
Membership Coordinator, Alex Koroknay-Palicz, can be reached at 888.407.NACo (6226) x291, his direct line at
202.942.4291 or [email protected]. We look forward to seeing you in Tarrant County!
NATIONAL ASSOCIATION OF COUNTIES | 25 MASSACHUSETTS AVENUE, N.W. SUITE 500 | WASHINGTON, D.C. 20001 | 202.393.6226 | FAX 202.393.2630 | WWW.NACO.ORG
FB.COM/NACODC | TWITTER.COM/NACOTWEETS | YOUTUBE.COM/NACOVIDEO | LINKEDIN.COM/IN/NACODC
2013 General Voting Frequently Asked Questions
On what issues or for which candidates do counties/parishes/boroughs vote?
Counties vote on resolutions that set NACo legislative and association policy for the coming year. Delegates also
elect NACo officers for the coming year. The position of second vice president is usually the one position that is
contested.
How can my county vote?
A county must be a NACo member “in good standing” in order to vote. This means your county’s dues for 2013
must be paid before the voting occurs. Also, the county must have at least one paid registration for the
annual conference and have proper credentials.
What are credentials?
Credentials attest to a county’s eligibility to vote. Credentials contain information on the number of votes a
county is eligible to cast, as well as the identity of the delegate that is authorized to cast the county’s vote.
How is the credentials form distributed?
The form is mailed to the chief elected official of member counties so that the county can provide the name of the
voting delegate to NACo. Only counties that have paid their 2013 NACo dues will receive a credentials form.
This form is mailed in May. Please return this form by Friday, June 28, 2013.
My county has misplaced the credentials form. What should I do?
The credentials form will be available in the Elections and Voting Credentials section of the NACo website
(www.naco.org/credentials) shortly after it is mailed. A member login is required to download and print the form.
After you download, print, and fill out the form correctly, you can return it to NACo. Please call Alex KoroknayPalicz at 888.407.NACo (6226) x291 if you need assistance.
If my county is not registering for the Annual Conference, does my county have to send in the credentials
form?
No. Only counties who register are able to vote. Please do not return the credentials form to the NACo office if
your county does not plan to register for the Annual Conference.
What is a voting delegate?
A voting delegate is someone authorized by your county/parish/borough board to pick up a ballot and cast your
county’s votes at the annual conference. The delegate must have a paid registration to the conference.
Who may be a voting delegate?
Any elected or appointed official or staff member from your county/parish/borough may be a voting delegate.
That decision is up to your county board.
What is an alternate?
An alternate is another elected or appointed official or staff member from the county delegated by the county to
pick up and cast its ballot. The alternate must have a paid registration to the conference.
• The delegate OR alternate listed on the credentials form may pick up your county’s ballot.
My county has only one person attending the conference. Does my county have to designate an alternate?
No. It is not necessary to list an alternate if a delegate is named.
Whose ballots may the state associations of counties/parishes/boroughs receive?
Your state association of counties/parishes/boroughs is allowed to pick up any unclaimed ballots from
counties/parishes/boroughs that have registered delegates. The pick-up for state associations is Sunday afternoon
during the conference. The state association may then cast those ballots in the election.
My county does not want our state association to pick up our votes. How does my county go about
indicating this decision?
You must check the box that says “If my ballot is not picked up, I DO NOT AUTHORIZE my state association to
pick up or cast my county’s vote. I understand that my county’s votes will NOT be cast if I select this option.”
• Remember that your county’s votes will not be cast at all with this option if your delegate does not
pick up the ballot.
What does “vote by proxy” mean?
A county may designate a conference attendee from another county within that state or its state association to cast
its ballot as long as BOTH are registered conference attendees.
Why would a county vote by proxy?
Counties may vote by proxy for a number of reasons. One example would be a county official who needs to leave
the conference before the vote is taken and would want another county to vote on his/her behalf.
How would my county vote by proxy?
In order to vote by proxy:
• Your county and the county you give your vote to must have paid their 2013 dues
• Your county must have at least one paid conference registration for the conference, even if no
officials are attending
• After your delegate picks up your county’s ballot, your delegate and the other county’s delegate must
both sign the back of the ballot for the transfer to be valid
If I do not get my credentials form into the NACo office by June 28, may I become credentialed on site at
the conference?
Yes. You must either bring the original credentials form signed by your chief elected official with you or a letter
from your chief elected official designating you as his/her designee to be able to vote in the election.
My county won’t be attending this year’s Annual Conference, can we still vote?
Yes. Your county can still have its votes counted without attending the conference, but one person from your
county still needs to register. You must have at least one person registered by 8:30 AM EDT on July 16. If you
register, do not plan to attend and wish to vote, you MUST designate your state association president as your
delegate on the Credentials Form. Your state association president or his/her designee will pick up and cast your
ballot.
How does NACo determine the number of votes each county receives?
The number of votes is determined by the amount of dues a county pays. Dues are based on population. All
counties are entitled to at least one vote. Members with more than $499 in dues are entitled to one additional vote
for each additional $500 in dues or fraction thereof paid in the year the meeting is held.
• Counties with dues of $400 to $499 receive one vote.
• Counties with dues of $500 to $999 receive two votes.
• Counties with dues of $1000 to $1,499 receive three votes, and so on.
• The maximum number of votes a county can receive is 112.
My county has 10 votes. How can our 25 commissioners divide or share the votes?
That is up to your county. NACo has no rule as to how counties decide to allocate their votes. Counties may split
their vote amongst the candidates running for second vice president if it is desired.
I’ve heard the term “unit vote” used. What is that?
Some states, by custom or policy, cast all of their votes as a block or “unit.” State associations typically have a
meeting before the election to determine how they will handle the voting process.
• Check with your state association regarding the time, date and location of this meeting.
• NACo bylaws permit each county to cast its vote as it chooses. Your county does not have to vote with
your state association should you so choose.
When does the voting take place?
This year’s election will be held on Monday, July 22, 2013 at 10:30 am at the NACo Annual Business Meeting.
How does the voting occur?
Votes are cast by state, not by state association. Counties from a state sit together as a delegation. The reading
clerk will call out states at random. A state appointed representative will approach the microphone and call out
that state’s vote. This will continue until one of the candidates has a majority (fifty percent plus one – 50% + 1)
of the total number of votes being cast. Voting may still continue after the fifty percent plus one mark has been
reached.
What is a roll call?
Roll call is a way of voting for NACo resolutions to be passed. If a roll call is necessary, the names of the states
will be read out in alphabetical order by the reading clerk. A state appointed representative will approach the
microphone and call out that state’s vote as “yes” or “no.” A weighted vote will be used. This will continue until
all votes have been cast.
NACo 2013
Credentials (Voting) Form
 Please complete and RETURN FORM BY JUNE 28, 2013 to:
Credentials Committee / NACo / Attn: Alex Koroknay-Palicz
25 Massachusetts Avenue, NW, Suite 500 / Washington, DC 20001
 You may also fax this form to 202.393.2630 ... or scan and e-mail this form to: [email protected] ... or have the voting
delegate(s) carry it with him/her to the conference and present it at the Credentials Desk.
 If you do not plan on registering for the 2013 Annual Conference, there is no need to fill out and return this form.
Your county/parish/borough MUST have at least one paid conference registration to be able to vote.
 If you are registering for credentials onsite, you MUST have authorization IN WRITING from your chief elected official
that you are the county’s designee.
 If your ballot is not picked up at the 2013 Annual Conference the President of your State Association will pick up and
cast your county’s votes unless you check the box below.
❑ If my ballot is not picked up, I DO NOT AUTHORIZE my state association to pick up or cast my county’s vote. I
understand that my county’s votes will NOT be cast if I select this option.
Please type or print in block letters.
County / Parish / Borough
State
Name your county/parish/borough’s delegate(s)
Please assign a delegate from your county/parish/borough.
Designated County Delegate
First Name
Last Name
Job Title/Position
County Alternate
First Name
Last Name
Job Title/Position
Please note: This form must be signed by the CHIEF ELECTED OFFICIAL from your county.
Submissions without an appropriate signature will not be accepted.
________________________________________________
___________________________ Signature of Chief Elected Official Date
________________________________________________
_______________________________________________________________
Print Name
Title
(Board President/Chair/elected County Executive/Judge/Mayor)
_____________________________
Cell Number
Credentials Checklist
Please use the following checklist before returning the credentials form.
YES
NO
Has my county/parish/borough paid its 2013 NACo dues?
If no, please contact NACo’s Membership department at 888.407.NACo (6226).
2013 dues must be paid before votes may be cast.
YES
NO
Has my county/parish/borough registered or at least one person from my
county/parish/borough paid the registration fee to attend the conference?
If no, STOP. The county must have at least one paid conference registrant to cast a
ballot, according to NACo’s bylaws. If no one from your county is registered for the
conference, your county may not vote in the election. If your county does not plan on
registering for the conference, you do not need to turn this credentials form back in
to the NACo office.
If you have answered “YES” to both of the above questions, please continue.
YES
NO
Has my county designated a voting delegate and alternate, if applicable?
Only ONE alternate may be designated per county. If more than one alternate is
designated per form, only the first will be counted as the credentialed voting
alternate.
YES
NO
Has the chief elected official of my county/parish/borough (board chair, mayor, parish
president, elected county executive) signed the credentials form?
If you have answered yes to all questions, please either fax, mail or e-mail a scanned
letter, the credentials form by Friday, June 28, 2013 to:
Alex Koroknay-Palicz
Fax # (202) 393-2630
Or:
Credentials Committee
Attn: Alex Koroknay-Palicz
National Association of Counties
25 Massachusetts Ave., NW, Suite 500
Washington, DC 20001
Or:
[email protected]
If you have questions call or e-mail Alex Koroknay-Palicz at 888.407.NACo (6226) or his direct line: (202)
942-4291. E-mail: [email protected]

agenda - Davidson County

Transcription

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