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Vote on a request to amend generator service contract to Atlantic Power Solutions by way of resolution and authorize the county manager to execute the contract.
ABSTRACT Vote to amend generator service contract to Atlantic Power Solutions by way of resolution and authorize the county manager to execute the contract.
Introduction & Background: The Emergency Operations Center is responsible for maintaining twenty four (24) generators throughout the County for use in times of power outages and emergencies. The County and Atlantic Power Solutions entered into a generator service contract dated August 17, 2015, after following all required legal procedures. Through oversight, three (3) generators were not included in the contract and now need to be added to the generators being maintained by Atlantic Power Solutions. This will increase the cost of the contract by $1,970.
Discussion and Analysis: The primary owner of Atlantic Power Solutions, Inc. is Commissioner Walter Petty, who was elected to office on November 2, 2010. North Carolina General Statute 14-234 (d1) provides an exception to the usual conflict of interest provisions contained in 14-234 (a). Section 14-234 (d1) excludes a County with no town or city with a population of more than 15,000 based on the most recent official federal census.
The statutory requirements for counties under this exception are: (1) the contract must be approved by specific resolution adopted in an open and public meeting, (2) the contract or series of contracts does not exceed $40,000 in a twelve month period, (3) the amount of the contracts must be specifically noted in the annual financial audit, (4) the governing board shall post in a conspicuous place in the courthouse a list of contracts which briefly describes the contracts and shows the total amount thereof. (This list must cover 12 months and be updated at least quarterly), and (5) the official entering into the contract must not participate in...
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