(A) Table One - Dollar Threshold Table.
Requirement | Threshold |
Requirement | Threshold |
Formal Bids Construction or repair contracts (G.S. § 143-129) Purchase of apparatus, supplies, materials, and equipment (G.S. § 143-129) Exception: Previously bid or “piggybacking” contracts Requires governing Council approval at a regular meeting Upon 10 days public notice (G.S. § 143-129(g)) | $500,000 and above (estimated cost of contract) $90,000 and above (estimated cost of contract) |
Informal Bids Construction or repair contracts (G.S. § 143-131) Purchase of apparatus, supplies, materials, and equipment (G.S. § 143-131) | $30,000 to formal limit $30,000 to formal limit |
Historically Underutilized Business (HUB) requirements Building projects with state funding (verifiable 10% goal required) Locally funded projects (formal HUB requirements) Projects in informal bidding range (informal HUB requirements) (G.S. § 143-128.2(a), (j) and G.S. § 143-131(b)) | $100,000 or more $300,000 or more $30,000 to $500,000 (estimated cost of project) |
Limit on use of own forces Construction or repair projects (G.S. § 143-135) | Not to exceed $125,000 (total project) or $50,000 (labor only) |
Bid bond or deposit Construction or repair contracts (at least 5% of bid amount) Purchase contracts (G.S. § 143-129(b)) | Formal bids ($500,000 and above) Not required |
Performance/payment bonds Construction or repair contracts (G.S. § 143-129(c); G.S. § 44A-26) Purchase contracts | Projects over $300,000, for each contract over $50,000 Not required |
General contractor’s license (G.S. § 87-1) | $30,000 and above |
Use of licensed architect or engineer required Nonstructural work Structural repair, additions or new construction Repair work affecting life safety systems (G.S. § 133-1.1(a)) | $300,000 and above $135,000 and above $100,000 and above |
Selection of architect, engineer, or surveyor, construction manager, or design-build contractor Qualification-Based Selection procedure (QSB) (G.S. § 143-64.31) Exemption authorized (G.S. § 143-64.32) | All contracts unless exempted Projects where estimated fee is less than $50,000 |
(B) North Carolina General Statute 159-30; Permitted Investments.
(1) A local government or public authority may deposit at interest or invest all or part of the cash balance of any fund. The Finance Officer shall manage investments subject to whatever restrictions and directions the governing Council may impose. The Finance Officer shall have the power to purchase, sell, and exchange securities on behalf of the governing Council. The investment program shall be so managed that investments and deposits can be converted into cash when needed.
(2) Moneys may be deposited at interest in any bank, savings and loan association, or trust company in this state in the form of certificates of deposit or such other forms of time deposit as the Commission may approve. Investment deposits, including investment deposits of the mutual fund for local government investment created by G.S. § 159-30(c)(6a), shall be secured as provided in G.S. § 159-30(c)(6a).
(3) Moneys may be invested in the following classes of securities, and no others:
(a) Obligations of the United States or obligations fully guaranteed both as to principal and interest by the United States.
(b) Obligations of the Federal Financing Bank, the Federal Farm Credit Bank, the Bank for Cooperatives, the Federal Intermediate Credit Bank, the Federal Land Banks, the Federal Mortgage Association, the Government National Mortgage Association, the Federal Housing Administration, Farmers Home Administration, the United States Postal Service.
(c) Obligations of the State of North Carolina.
(d) Bonds and notes of any North Carolina local government or public authority, subject to such restrictions as the secretary may impose.
(e) Savings certificates issued by any savings and loan association organized under the laws of the State of North Carolina or by any federal savings and loan association having its principal office in North Carolina; provided that any principal amount of such certificate in excess of the amount insured by the federal government or any agency thereof, or by a mutual deposit guaranty association authorized by the Administrator of the Savings Institutions Division of the Department of Economic and Community Development of the State of North Carolina, be fully collateralized.
(f) Prime quality commercial paper bearing the highest rating of at least one nationally recognized rating service and not bearing a rating below the highest by any nationally recognized rating service which rates the particular obligation.
(g) Bills of exchange or time drafts drawn on and accepted by a commercial bank and eligible for use as collateral by member banks in borrowing from a federal reserve bank, provided that the accepting bank or its holding company is either:
1. Incorporated in the State of North Carolina; or
2. Has outstanding publicly held obligations bearing the highest rating of at least one nationally recognized rating service and not bearing a rating below the highest by any nationally recognized rating service which rates the particular obligations.
(h) Participating shares in a mutual fund for local government investment; provided that the investments of the fund are limited to those qualifying for investment under this division (3) and that said fund is certified by the Local Government Commission. The Local Government Commission shall have the authority to issue rules and regulations concerning the establishment and qualifications of any mutual fund for local government investment.
(i) A commingled investment pool established and administered by the State Treasurer pursuant to G.S. § 147-69.3.
(j) A commingled investment pool established by interlocal agreement by two or more units of local government pursuant G.S. §§ 160A-460 through G.S. 160A-464, if the investments of the pool are limited to those qualifying for investment under this division (3).
(k) Evidences of ownership of, or fractional undivided interests in, future interest and principal payments on either direct obligations of the United States government or obligations the principal of and the interest on which are guaranteed by the United States, which obligations are held by a bank or trust company organized and existing under the laws of the United States or any state in the capacity of custodian.
(l) Repurchase agreements with respect to either direct obligations of the United States or obligations the principal of and the interest on which are guaranteed by the United States if entered into with a broker or dealer, as defined by the Securities Exchange Act of 1934, which is a dealer recognized as a primary dealer by a Federal Reserve Bank, or any commercial bank, trust company or national banking association, the deposits of which are insured by the Federal Deposit Insurance Corporation or any successor thereof if:
1. Such obligations that are subject to such repurchase agreement are delivered (in physical or in book entry form) to the local government or public authority, or any financial institution serving either as trustee for the local government or public authority or as fiscal agent for the local government or public authority or are supported by a safekeeping receipt issued by a depository satisfactory to the local government or public authority, provided that such repurchase agreement must provide that the value of the underlying obligations shall be maintained at a current market value, calculated at least daily, of not less than 100% of the repurchase price, and, provided further, that the financial institution serving either as trustee or as fiscal agent for the local government or public authority holding the obligations subject to the repurchase agreement hereunder or the depository issuing the safekeeping receipt shall not be the provider of the repurchase agreement;
2. A valid and perfected first security interest in the obligations which are the subject of such repurchase agreement has been granted to the local government or public authority or its assignee or book entry procedures, conforming, to the extent practicable, with federal regulations and satisfactory to the local government or public authority have been established for the benefit of the local government or public authority or its assignee;
3. Such securities are free and clear of any adverse third party claims; and
4. Such repurchase agreement is in a form satisfactory to the local government or public authority.
(m) In connection with funds held by or on behalf of a local government or public authority, which funds are subject to the arbitrage and rebate provisions of the Internal Revenue Code of 1986, as amended, participating shares in tax-exempt mutual funds, to the extent such participation, in whole or in part, is not subject to such rebate provisions, and taxable mutual funds, to the extent such fund provides services in connection with the calculation of arbitrage rebate requirements under federal income tax law; provided, the investments of any such fund are limited to those bearing one of the two highest ratings of at least one nationally recognized rating service and not bearing a rating below one of the two highest ratings by any nationally recognized rating service which rates the particular fund.
(4) Investment securities may be bought, sold, and traded by private negotiation, and local governments and public authorities may pay all incidental costs thereof and all reasonable costs of administering the investment and deposit program. Securities and deposit certificates shall be in the custody of the Finance Officer who shall be responsible for their safekeeping and for keeping accurate investment accounts and records.
(5) Interest earned on deposits and investments shall be credited to the fund whose cash is deposited or invested. Cash of several funds may be combined for deposit or investment if not otherwise prohibited by law; and when such joint deposits or investments are made, interest earned shall be prorated and credited to the various funds on the basis of the amounts thereof invested, figured according to an average periodic balance or some other sound accounting principle. Interest earned on the deposit or investment of bond funds shall be deemed a part of the bond proceeds.
(6) Registered securities acquired for investment may be released from registration and transferred by signature of the Finance Officer.
(Ord. passed 11-14-2016)