Wlacon Counly  N COUN  1828 R a  MACON COUNTY BOARD OF COMMISSIONERS  APRIL 13, 2021 AGENDA  1. Call to order and welcome by Chairman Tate  2. Announcements  (A) Introduction of County Attorney Eric Ridenour  (B) Update on NACO Annual Conference - County Manager Derek  Roland 3. Moment of Silence 4. Pledge of Allegiance 5. Public Hearing(s) - NONE 6. Public Comment Period 7. Additions to agenda  8. Adjustments to and approval of the agenda  9. eport/Presentations  (A) Macon County Comprehensive Transportation Plan - Rose Bauguess, Senior Planner, Southwestern Commission (B) Community Funding Pool recommendation - Karen Wallace (C) Medicaid Transformation Update - Hugh Johnson, Senior Manager/Govermment Affairs, WellCare of North Carolina  and/or Diane Cotton  10.Old Business  (A) Appropriation of funding for the purchase of the Macon County Fruit and Vegetable Growers' Association ("Co-Op") property (B) Update on cost of locker room project at Macon Middle School - Planning, Permitting and Development Director Jack Morgan  Mr. Roland  MACON COUNTY COURTHOUSE, ANNEX PHONE 828-349-2000  5WEST MAIN STREET  FRANKLIN, NORTH CAROLI INA: 28734  FAX: 828-349-2400    11.New Business  (A) Lease of space in the Business Development Center to the Macon County Board of Education - Economic Development Director Tommy Jenkins and County Attorney Eric Ridenour (B) Macon County Balsam West Fibernet Grant Agreement --Mr. (C) Approval of bid award for Prime Movers - Emergency Services (D) Release of Morris Broadband, LLC performance bond = Mr.  Jenkins and Mr. Ridenour Director Warren Cabe Ridenour  12.Consent Agenda - Attachment #12  All items below are considered routine and will be enacted by one motion. No separate discussion will be held except on request of a member of the Board of (A) Minutes of the February 9, 2021 regular meeting and the (C)Tax releases for the month of March in the amount of $1,990.24 (D)COVID billing updates and fees for Macon County Public Health (E) Application to the Public School Building Capital Fund/North Carolina Education Lottery in the amount of $381,584.07 (F) Monthly ad valorem tax collection report - no action necessary (A)Town of Franklin representative on the Economic Development 14.Closed session as allowed under NCGS 43-318.110/3)t0 preserve the attorney/client privilege and 143-318.11(/5) regarding the  Commissioners.  February 26, 2021 special meeting (B) Budget Amendments #225-232  13.Appointments  Commission (one seat)  acquisition of real property 15.Adjour/Recess    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - REPORIS/PRESENTATIONS  MEETING DATE: APRIL 13,2021  9A.  Rose Bauguess, the Senior Planner with the Southwestern  Commission, is requesting the board's consideration of adopting the Macon County Comprehensive Transportation Plan. Ms. Bauguess will provide additional details at the meeting. A copy of the plan, along with copies of the "project proposal sheets," will be delivered to you in a separate email. 9B. Karen Wallace and/or Diane Cotton will present the recommendations from the Community Funding Pool, and that information will be available at 9C. Hugh Johnson, the Senior Manager for Government Affairs for WelICare of North Carolina, will provide a presentation regarding some of the key milestones for the July 1, 2021 launch of Medicaid Transformation and WellCare's approach to Medicaid managed care. Per Mr. Johnson, his  the meeting.  colleague, Jessica Beach, will also attend.    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - OLD BUSINESS  MEETING DATE: April13,2021  10(A). Mr. Roland will provide the board with details regarding the purchase of the so-called "co-op" property from the Macon County Fruit and Vegetable Growers Association. In conjunction with that, a copy of the executed "Agreement for Purchase and Sale of Real Property" will be included in this packet. The county is purchasing the tract, located at 215 Co-Op Road, for $87,500, and the board will need to formally appropriate the funds for the purchase. Additional information for the board, including a copy oft the special warranty deed and a resolution from the association, will 10(B). Planning, Permitting and Development Director Jack Morgan will provide the board with an update on the anticipated cost. of the new locker room facility planned for Macon Middle School (MMS). Mr. Morgan will  also be included in the packet.  have the details at the meeting.    STATE OFI NORTH CAROLINA COUNTY OFI MACON  AGREEMENT FOR: PURCHASE ANDSALE  OF REAL: PROPERTY  THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY (this "Agreement"): made this 2 day of Rlanaany, 2021 by and between MACON COUNTY,NORTH CAROLINA, al body politic ofthe State ofNorth Carolina, aNorth Carolina limited liability company, or Assigns ("Buyer"), and MACON COUNTY FRUIT AND VEGETABLE GROWERS ASSOCIATION, INC., ar nonprofit corporation ("Seller"). FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECBIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWIBDGED, THE PARTIES HERETO Section 1 Terms and Definitions: The terms listed below shall have the respective meaning (a) Property" a7+/- acre parcel located at 215 Co-op) Road, Franklin, North Carolina, (off State Rd. 1322) further identified as Parcel No. 65856383791 being thej property conveyed to Seller by deed recorded in) Book S-8,1 Page 95, Macon County Public) Registry. Property" shall mean that property described above, together with all buildings and improvyements thereon and all fixtures and appurtenances thereto and all personal property located thereon; (b). "Purchase Price" shall be $87,500.00 (Eighty Seven Thousand Five Hundred and No/100  AGREE. AS FOLLOWS:  given them as set forth adjacent to each term:  Dollars payablei in certified: funds at closing; (c) "Closing" shall occur on or before Manch IS  2021 unless extended as  provided herein; Seller;  (d) "Contract Date" means the date this Agreement has been fully executed by both Buyer and (e) Examination Period" shall mean the period beginning ont the first date after the Contract (f) "Seller's Notice Address" shall be as: follows: Jeff Gillette, Attorney at Law 133 East Palmer (g) "Buyer's] Notice Address" shall be as follows: Derek C. Roland, Macon County Manager, 5  Date and extending through 5:001 pm on March  2021,  Street, Suite 101, Franklin, NC28734 W.Main St., Franklin, NC2 28734  Section2. Sale ofl Property arid Payment of] Purchase Price: Seller agrees to sell the Property  Page 1 of7    and Buyer agrees toj purchase the Property fort the Purchase Price. Buyer shall pay thel Purchase Price in accordance with and subject to all thet terms and conditions ofthis Agreement. Section 3. Proration of] Expenses and Payment ofC Costs: Seller and Buyer agree that all current year property taxes, leases, rents and utilities or any other assumed liabilities, shall bej prorated as of the date of Closing. Seller shall pay for preparation ofa deed and all other documents necessary to perform Seller's obligations under this Agreement, excise tax (revenue stamps), any deferred or rollback taxes, any and all delinquent county and town property taxes, interest and penalties, costs and attorney fees associated with delinquent taxes and attempted collections thereof, and other conveyance fees or taxes required by law. Upon the payment of such delinquent taxes through 2020 tax year and all other interest, penalties and costs associated with at tax: foreclosure case, including attorney fees, Macon County will dismiss such: foreclosure case against Seller. Buyer shall payrecording costs, costs ofa anyt title search, title insurance, and survey.  Each parly shall payi its own attorney's fees.  Section 4. Deliveries: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Contract Date copies of all information relating to the Property in possession of or available to Seller, including, but not limited to: title insurance policies, surveys and copies of all presently effective warranties or service contracts related to the Property. Seller authorizes (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attomey's file to Buyer and both Buyer's and Seller's agents and attorneys; and (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's, (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys. If Buyer does not consummate the Closing for any reason other than Seller default, then Buyer shall return to Seller all materials delivered by Seller to Buyer pursuant to this Section 3, or other applicable sections, if any, and may, upon Seller's request, provide to Seller such copies of (subject to the ownership and copyright interests of the preparer thereof) any and all studies, reports, surveys and otheri information relating directly to the Property prepared by or at the request Section 5. Evidence ofTitle: Seller agrees to convey fee simple marketable and insurable title to the Property by general warranty deed, subject only to the exceptions hereinafter described. Seller represents and warrants that Seller is the fee simple owner oft the Property, and at Closing, Seller shall deliver to Buyer good, marketable and insurable fee simple title to said Property, free and clear of all liens, encumbrances and defects of title other than zoning ordinances affecting the Property, utility easements of record serving thel Property, taxes not yet due and payable, rights-o of- way of record and those other cncumbrances, reservations, restrictions and easements and other exceptions of reçord not objected to by Buyer under Section 6 (collectively "Permitted Exceptions"). Seller shall not enter into or record any instrument that affects the Property after the Contract Date without the prior written consent of Buyer, whioh consent shall: not be unreasonably Section 6. Conditions: This Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly conditioned upon fulfillment (or waiver by Buyer) of the  ofBuyer, its employees and agents.  withheld, conditioned or delayed.  following conditions:  Page2of7    (a) Title Examination: After the Contract Date, Buyer shall, at Buyer's expense, cause a title examination to bei made oft the Property before the end oft the Examination Period. In the event that such title examination shall show that Seller's titlei is not good, marketable, fee simple and insurable, or that the Property is subject to exceptions which are unacceptable to Buyer in its sole discretion, then the Buyer shall notify the Seller in writing of all such title defects and exceptions prior to the end oft thel Examination. Period, and Seller shall have thirty (30) days to cure said noticed defects. IfSeller does not cure the defects or objections within thirty (30) days of notice thereof, the Buyer may in its sole discretion terminate this Agreement (notwithstanding that the Examination Period may haye expired). IfBuyer is to purchase title insurance, the insuring company must be licensed to do business in the state in which the property is located. Title to the Property must be insurable at regular. rates, subject only to standard exceptions and Permitted (b) Intended Use: Seller represents and warrants that, to the best of Seller's knowledge, use of the Property for its Intended Use will not violate any private restrictions or governmental regulations. If Buyer determines, prior to the date of Closing, that use of the Property for its Intended Use will violate any such private restrictions or governmental regulations, then Buyer may terminate the Agreement by written notice, Seller shall be entitled to retain the Barnest Money, and neither party shall then have any (c) Same Condition: If the Property is not in substantially the same condition as of the Contract Date, reasonable wear andi tear excepted, then thel Buyer may, at! Buyer's option: (a) terminate the. Agreement and receive areturn oft thel Barnest Money, or (b) proceed to Closing whereupon Buyer shall be entitled to receive, in addition to the Property, any of the Seller's insurance proceeds payable on account of the damage or destruction (d) Inspections: Buyer, its agents or representativcs, at Buyer's expense and at rcasonable times during normal business hours, shall have the right to enter upon the Property for the purpose of inspecting, examining, performing soil boring and other testing, conducting timber cruises, and surveying the Property. Buyer shall conduct all such on-site inspections, examinations, soil boring and other testing, timber cruises and surveying of the Property in a good and workmanlike manner, shall repair any damage to the Property caused by. Buyer's entry and on-site inspections, and shall conduct same in a manmer that does not unreasonably interfere with Seller's use and enjoyment of the Property. Buyer shall also have a right to review and inspect all leases, contracts or other agreements affecting or related directly to thel Property and shall be entitled to: review such books and records of Seller as relate directly to the operation and maintenance of the Property. Buyer assumes all responsibility for the acts of itself, its agents or representatives in exercising its rights under this Paragraph and agrees to indemnify and hold Seller harmless from any damages resulting therefrom. Buyer shall have from the date of acceptance through the end of the Examination Period to perform the above inspections, examinations and testing to determine if the Property is suitable for the Intended Use, F BUYER CHOOSES NOT TO PURCHASE THE PROPERTY, FOR.ANY. REASON ORNOREASON, ANDPROVIDES WRITTENNOTICETO  Exceptions.  further obligations in connection with this Agreement.  applicable to thel Property.  Page3of7    SELLER THEREOF PRIOR TO THE EXPIRATION OF THE EXAMINATION PERIOD, THEN THIS AGREEMENT SHALL TERMINATE, AND BUYER Section.7. Environmental: Seller represents and Warrants that it has no actual knowledge ofthej présence or disposal within the buildings or on thel Property ofh hazardous or toxic waste or substances, which are defined as those substances, materials, and wastes, including but not limited to, those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials' Table (49 CFR172.101) orby the Bnvironmental Protection Agency as hazardous substances (40 CFR Part 302.4) and amendments thereto, or such substances, materials and wastes, which are or become regulated under any applicablel I local, state or federal law, including, without limitation, any materials, waste or substance which is (i) petroleum, (ii) asbestos, (ini) polychlorinated biphenyls, (v) designated as a Hazardous Substance pursuant to Section 331 ofthe Clean Water. Actof19770 (33U.S.C. See. 1351, et. seq.) or listed pursuant to Section 307 of the Clean Water. Act (33 U.S.C. Sec, 1371) (v) defined as a hazardous waste pursuant to Section 1004 oft the Resource Conservation and Recovery Act, (42 U.S.C. Sec. 6903) or (vi) defined as a hazardous substance pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Sec, 9481). Seller further states that it bas no actual knowledge of any contamination of the Property from such substances as may have been disposed of or stored on heighboring tracts, and ith has no reason to suspect that such use or disposal has occurred, either during or prior to its Sections. Risk ofLoss/Damage Repair: Until the Closing, the risk ofl loss or damage to the Property, except as otherwise provided herein, shall be borne by Seller. In the event the Property is damaged So that the Property cannot be conveyed in substantially the same condition as: it was on the Contract Date, Buyer may elect to terminate this. Agreement, and thel Earnest Money shall bei returned tot the Buyer. Except as to: maintaining thel Property initss same condition, Seller shall have no responsibility for the repair of the Property, including any improvements, unless the Section 9. Earnest Money Disbursement; Default: In the event ofa a breach of this Agreement by Seller, then the Earnest Money, if any paid, shall be retumed to Buyer, but such return shall not affect any other remedies available to. Buyer for such breach; provided further, in the event of breach oft this Agreement by Seller, Buyer may avail itselfofa any remedies available toi it at law or in equity, including, but not limited to, the right to specific performance. In the event of a breach of this Agreement by Buyer, then the Barnest Money, if any paid, shall be forfeited, Section 10, Closing: The Closing shall consist of the execution and delivery by Seller to Buyer ofa General Warranty Deed and other documents customarily executed by a seller in similar transactions, including without limitation, an owner's. affidavit, lien Waiver forms and a non- foreign affidavit and the payment by Buyer to Seller ofthe Purchase Price in accordance with the terms of this Agreement. At Closing, the Earnest Money, if any paid, shall be applied as part of the. Purchase Price. The Closing shall be held at the office of] Buyer'sat attorney or such other place as the parties hereto may mutually agree. Possession shall be delivered at Closing, unless  SHALL. RECBIVE, AJ RETURN OF THE: EARNESTMONEY.  ownership oft the Property.  parties hereto agree in writing.  which shall be the sole remedy available to Seller for such breach,  otherwise agreed herein.  Page 4 of7    Section11. Notices: Unless otherwise provided herein, all notices and other communications which may be or are required to be given or madc by any party to the other in connection herewith shall bei in writing and shall be deemed to have been properly given and received on the date delivered in person or deposited in the United States mail, registered or certified, return receipt requested, to the addresses set out in Section 1(f) as to Seller and in Section 1(g) as to Buyer, or at such other addresses as specified by written notice delivered in accordancel herewith. Section 12. Entire Agreement and Enforceability: This Agreement constitutes the sole and entire agreement among the parties hereto and no modification of this Agreement shall be binding unless in writing and signed by all parties hereto. This Agreement shall become a contract when signed by both Buyer and Seller. This Agreement shall bel binding upon and inure to the benefit oft thej parties, their heirs, successors and assigns andi their personalr representatives.  Section13. Adverse. Information and Compliance with Laws:  (a) Seller Knowledge: Seller has no actual knowledga of G) condemnation(s) affecting or contemplated with respect to the Property; (i) actions, suits or proceedings pending or threatened against the Property; (ir) changes contemplated in any applicable laws, ordinances or restrictions affecting the Property; or (iv) goyernmental special assessments, either pending or confirmed, for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no owners' association special assessments, except as follows: None (Insert "None") or the identification of such assessments, ifa any). Seller shall be able to convey title with appropriate authority as an (b) Compliance: To the best of Seller's knowledge and belief, @) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to or affecting the Property; (it) performance ofthe Agreement will not resulti int thel breach of constitute any default under or result in the imposition ofe any lien or encumbrance upon the Property under any agreement or other instrument to which Seller is a party or by which Seller or the Property is bound; and (ii) there are no legal actions, suits or other legal or administrative proceedings pending or threatened against the Property, and Seller isi not aware ofany facts which might result in any such action, suit, or other proceeding. There are: no unrecorded leases, easements, licenses or agreements of any kind or nature which grant any rights whatsoever to auy individual or entity withr respect to the Property, Section 14. Applicable Law: This Agreement shall be construed under the laws of the state in Section 15. Memorandum of Contract: Upon request by either party, the parties hereto shall execute al memorandum of contract in recordable form setting forth suchj provisions hereof (other than the Purchase Price and other sums due) as either party may wish to incorporate. Such memorandum of contract shall contain a statement that it automatically terminates, and the Property is released from any effect thereby as ofe a specific date tol be stated int the memorandum  entity under NC) Law,  which thel Property is located.  Page5of7    (which specific date shall be no later than the date of Closing). The cost of recording such memorandum ofo contract shall be borne by thej party requesting execution of same. Section 16. Authority. Each signatory to this Agreement represents and warrants that he or she has full authority to sign this Agreement and such instruments as may be necessary to effectuate any transaction contemplated by this Agreement on behalf oft thej party for whom he or she signs Section 17, Brokers. Except as expressly provided herein, Buyer and Seller agree to indemnify and hold each other harmless from any and all claims ofbrokers, consultants or real estate agents by, through or under the indemnifying parly for fees or commissions arising out ofthes sale oft the Property to Buyer. Buyer and Seller represent and warrant to each other that: () except as to the Brokers designated under Section 1(d) of this Agreement, they have not employed or engaged any brokers, consultants, or real estate agents to be involved in this transaction and (i) that the Section 18. Assignment. Buyer shall have the right to assign this Agreement at any time. Seller shall not have the right to assign this Agreement without the prior written consent of Section 19. No Third-Party Agreements. Seller agrees that upon its execution of this Agreement, neither it nor its agents or employees will enter into an agreement with any third THIS DOCUMENT IS A LEGAL DOCUMENT. EXBCUTION OF THIS DOCUMENT HAS LEGAL CONSEQUENCES THAT COULD BE ENFORCEABLB IN A COURT OF LAW. EACH PARTY WILL NEED TO CONSULT ITS OWN ATTORNEY FOR. ANY DETERMINATIONOP, RIGHTS AND OBLIGATIONS UNDER' THISAGREEMENT.  and that his or her signature binds such party.  compensation oft the Brokers will bej paid by the Seller.  Buyer.  party with regpect to the Property or any part thereof.  [SEPARATE SIGNATURE PAGEATTACHED  Page 6of7    FABATESNGMAIURETAGE  TO  AGREEMENT FOR PURCHASE AND SALE OF) REALI PROPERTY  BUYER: Dated: 2.2.21  COUNTY OF MACON, NORTH CAROLINA  James P. Tate Commissioners  Chairman ofthel Macon County Board of  Attest:  BAER  Derek C.J Roland  County Manager/Clerk tot the Board of Commissioners  Approved ast tol Form: KimberlyN. Carpenter C Macon County Intèrim County. Attomey  SELLER:  Dated: Sahnyg,2021  MACON COUNTY FRUIT AND VEGETABLE GROWERS. ASSOCIATION, INC. ANCNon-Profit  Corporation  BrChala Qoal  (SEAL)  Charles h.DaLPresidert  Attest:  (corporate seal).  Clinn Ales Danes (printed name) Chn uSeatay  Page" 7of7    Revenue $173.00  THIS INSTRUMENT PREPARED BY: Jeffrey William Gillette Gillette Law Firm Franklin, NC 28744  PLEASE RETURN TO: Jeffrey' William Gillette Gillette Law Firm 133 East Palmer St., Ste. 101, P.O. Box 32 Franklin, NC 28744  133 East Palmer St., Ste. 101, P.O. Box 32 Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds.  PIN: 6585-63-8379  NORTH CAROLINA SPECIAL WARRANTY DEED  THIS DEED, made this  day of March, 2021, by and between MACON  COUNTY FRUIT & VEGETABLE GROWERS ASSOCIATION, INC., a North Carolina Cooperative Association, Grantor; and COUNTY OF MACON, a political subdivision of the State of North Carolina, Grantee. (The designation Grantors and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include  singular, plural, masculine, feminine, or neuter as required by context.)  WITNESSETH:  THAT the Grantors, in consideration of Ten Dollars and Other Valuable Consideration ($10.00 OVC), the receipt of which is hereby acknowledged, have bargained and sold, and by these presents do bargain, sell, and convey unto the    Grantee, ini fee simple, all that certain lot or parcel of land situated in Franklin Township, Macon County, State of North Carolina, and being more particularly described as  follows:  BEGINNING at an iron stake, said beginning point being located by starting from a concrete monument located on the Northeastern side of the Windy Gap Road, Secondary Road 1321, said point being the Northernmost corner of that 98.36-acre tract of land conveyed to the North Carolina State Highway and Public Works Commission by H. S. Higgins and wife, Agnes Zachary Higgins by deed dated September 13, 1933, and recorded in Book W-4, Page 262, Macon County Registry, and further being a common corner with the lands formerly owned by the Bank of Franklin; running thence from said starting point along the boundary line of lands now owned by Gurney and Hopkins South 50 degrees 48 minutes West 770.91 feet to a common corner of Hopkins and Tallant; thence along the Tallant line South 48 degrees 25 minutes West 66.67 feet to an iron stake; thence continuing South 48 degrees 25 minutes West 102.98 feet to an iron stake; thence South 41 degrees 35 minutes East 60 feet to an iron pipe, the true point and place of BEGINNING; running thence from said beginning point South 29 degrees 56 minutes East 231.79 feet to an iron stake; thence South 24 degrees 35 minutes West 408.46 feet to an iron stake; thence South 61 degrees 05 minutes East 325.58 feet to an iron stake; thence North 25 degrees 08 minutes East 369.28 feet to an iron stake; thence North 5 degrees 33 minutes East 424.03 feet to an iron stake; thence North 39 degrees 24 minutes West 252.49 feet to an iron stake; thence along the Southern boundary of a proposed road with a 60-foot right of way South 50 degrees 28 minutes West 288.11 feet to an iron stake; thence continuing South 50 degrees 28 minutes West 60 feet to an iron stake, the point and Forsource of title, see Book S-8, Page 95, Macon County Registry. Macon County Fruit & Vegetable Growers Association, Inc. is not carrying on any business except that appropriate to wind up and liquidate its business and affairs, and this sale is a sale made in the course of winding  place of BEGINNING.  up the affairs of the membership association.  TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple, subject to the  exceptions enumerated in the legal description above.    AND, subject to the exceptions herein enumerated, the Grantors covenant with the Grantee, that Grantors are seized of the premises in fee simple, have the right to convey the same in fee simple, that Grantor has not placed or suffered to be placed any presently existing lien or encumbrance on the property described above and that it will warrant and defend the title to the same against the lawful claims of all persons claiming  by, though, under or on account ofit, but no further.  (Remainder ofpage intentionally left blank. Signatures appear OH next page.)    IN WITNESS WHEREOF, the Grantors have caused this instrument to be  properly executed and sealed.  MACON COUNTY FRUIT & VEGETABLE GROWERS ASSOCIATION, INC.  BY:  (SEAL)  CHARLES DEAL, its President  ATTEST:  (SEAL)  CLINT JAMES Secretary  STATE OF COUNTY OF  a Notary Public, do hereby certify  (type or print name of Notary)  CHARLES DEAL and CLINT JAMES. personally appeared before me this day and  acknowledged the execution of the foregoing instrument. WITNESS my hand and official stamp or seal this  day of February,  2021.  SEAL-STAMP  Notary Public My Commission expires:    RESOLUTION OF THE BOARD OF DIRECTORS OF THE  MACON COUNTY FRUIT AND VEGETABLE GROWERS' ASSOCIATION,INC.  INI LIEU OF A SPECIAL MEETING  March 2021  In lieu of a special meeting ofthe Board ofDirectors (the "Board") of the Macon County Fruit and Vegetable Growers' Association, Inc. a North Carolina cooperative association ("the  Association"), the Board resolve as follows:  WHEREAS, the Board has the duty to wind up the affairs of the Association in conformity with North Carolina General Statutes Chapter 22-165 and Chapter 55, WHEREAS, the Association is owner of a certain tract of land identified as Macon County parcel # 6585-63-8379, also known as 215 Co-Op Road, Franklin, WHEREAS, the Board and Macon County, aj political subdivision of the State of North Carolina ("Macon County") entered into a contract on or about February 2, 2021 for Maçon County to purchase the Property for the price of $87,500.00 (Eighty-Seven Thousand Five Hundred and No/100) Dollars; and  Article 14; and  NC 28734 ("the Property"); and  NOW, THEREFORE, BE IT RESOLVED:  That the Board approve the sale of the Property to Macon County, and That the Board authorizes its president, Charles L. Deal, to execute a deed of conveyance and such other documents as are appropriate to effect the transfer of The undersigned, constituting the Board, by signing this written consent, waive notice of the time, place and purpose of a special meeting and agree to the actions transacted hereby.  the Property.  Charles L. Deal, President  Lewis H. Ashe, Vice President    Clint James, Secretary  Ted Kirkland, Board Member  Tommy Cross, Board Member  Joseph C. Deal - Board Member  James R. Deal - Board Member  William L. Deal - Board Member  Ricky James- - Board Member  2    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - NEW BUSINESS  MEETING DATE: April 13, 2021  11A. Economic Development Director Tommy Jenkins will present a proposed lease between the county and the Macon County Board of Education for Units D. and E ofthe Business Development Center. The new lease, prepared by County Attorney Eric Ridenour, would be for one year. and would commence on April 13, 2021. The lease recognizes that the center is owned by the county as a small business incubator to promote economic development and the growth of jobs in the county, and in furtherance of that policy, the county will lease the space to the school board at no charge, given the school board's agreement to use it for Science, Technology, Engineering and Mathematics (STEM) educational purposes. Copies of a resolution declaring the property (Units D and E) as surplus  along with a lease agreement are included in the packet.  11B.  Mr. Jenkins and Mr. Ridenour will also present information on a  proposed grant agreement with Balsam West Fibernet to expand the availability of high-speed internet service in the southern portion of the county. The agreement is currently under review by Mr. Ridenour and  further details will be available at Tuesday's meeting.  11C.  Emergency Services Director Warren Cabe is requesting approval  ofa bid award for two (2) Prime Movers (1-ton flatbed trucks) funded by a North Carolina Emergency Management Homeland Security Domestic Preparedness Region 9 grant for Macon and Clay counties. Per Mr. Cabe, Macon is the host county for the grant. The vehicles will be used to move supplies and equipment during disasters and other emergencies and must meet federal resource type requirements. The grant is for $140,000. A copy of the bid tabulation will be included in the packet, along with a copy ofthe Homeland Security Grant Program Subaward Notificiation and the    Memorandum of Agreement (MOA) minus the various administrative  attachments. 11D.  Mr. Ridenour has prepared a "Release of Performance Bond"  stemming from a request to Lori Carpenter from Morris Broadband, LLC. The cable television company is asking to have a $50,000 performance bond (0512035) returned SO that company officials can have it canceled. Per the email to Mrs. Hall, the bond was originally sent in 2011 as required by the county for the cable franchise agreement, and company officials only recently realized that it was still outstanding. A copy of the release will be  included in the packet.    STATE OF NORTH CAROLINA COUNTY OF MACON  RESOLUTION OF THE MACON COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING A ONE YEAR LEASE FOR A PORTION OF THE MACON COUNTY BUSINESS DEVELOPMENT CENTER TO THE MACON COUNTY BOARD OF  EDUCATION.  THAT WHEREAS, Macon County owns certain real property being described in a Lease attached hereto to Macon County Board of Education for Units D and E, Macon County Business  Development Center, 185 Industrial Park Rd, Franklin, NC: 28734; and  WHEREAS, pursuant to. N.C.Gen. Stat. $ 160A-274 Macon County is authorized to Lease real property to Macon County Board of Education, without or without consideration; and  NOW THEREFORE, upon Motion of Commissioner  seconded by Commissioner  and duly approved, be it  hereby resolved by the Macon County Board of County Commissioners as follows:  RESOLVED, that Macon County does hereby authorize the entry into the Lease to Macon County Board of Education, a copy of which is attached hereto and incorporated herein by  reference, for the period of one year commencing on April 13,2021;and  RESOLVED, that Derek Roland, Macon County Manager, is hereby authorized and directed to fill in any blanks upon the same and execute said Lease to Macon County Board of  Education on behalfof! Macon County.  Adopted at the April 13, 2021 Regular Meeting of the Macon County Board of  Commissioners.  James Tate, Chairman, Macon County Board of  County Commissioners  ATTEST:  Derek Roland, Macon County Manager and Clerk to the Board (Official Seal)    STATE OF NORTH CAROLINA COUNTY OF MACON  LEASE FROM MACON COUNTY MACON COUNTY BOARD OF EDUCATION  to  This lease isi made this_ day of April, 2021, by and between MACON COUNTY,abody corporate and politic organized and existing under the laws of the State of North Carolina, hereinafter called the "Lessor," and MACON COUNTY BOARD OF EDUCATION, hereinafter  called the "Tenant."  WITNESSETH:  That, subject to the terms and conditions hereinafter set forth, the Lessor does hereby demise and let and the Tenant does hereby rent and hire from the Lessor, those certain premises (hereinafter referred to as the "Premises") known as Units D and E, Macon County Business Development Center, 185 Industrial Park Rd, Franklin, NC 28734 and more particularly depicted (1) Premises. Lessor leases unto the Tenant, and the Tenant accepts upon the full terms and conditions of this lease, that certain space known as Units D and E, Macon County Business Development Center located at the Macon County Industrial Park, 185 Industrial Park Rd, Franklin, NC, 28734, said units being more particularly highlighted ont the attached drawing ofthe floor plan oft the Business Development Center attached hereto as Exhibit A and incorporated by reference. Tenant shall further have the non-exclusive right to use, along with the rights of other tenants within the Development Center, those certain common areas as the Men's and Women's Restrooms, Lounge, Janitor's Closet, Corridors, Loading Dock, Halls and Waiting Room, the: same being highlighted in blue on the attached Exhibit A, together with such portion of the premises as (2) Term. Subject to the terms below, this lease shall commence April 13, 2021, and shall continue for a period of one (I) year. NOTWITESTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LESSOR, AT LESSOR'S SOLE DISCRETION, MAY TERMINATE THIS LEASE UPON 30 DAYS NOTICE TO TENANT WITHOUT LEGAL (3) Rent. The Macon County Business Development Center is owned by Macon County as a small business incubator to promote economic development and the growth of jobs in Macon County. The lease of the premises to Tenant is in furtherance ofthat policy given that the Macon County Board of Education does hereby agree to and shall use the leased premises for Science, Technology, Engineering and Mathematics, hereinafter "STEM" educational purpose during the term of this Lease. The parties hereto recognize and agree that the STEM program helps equip  on Exhibit A attached hereto and incorporated by reference.  isr reasonably necessary for access, parking and use ofthe leased premises.  CONSEQUENCE.    students in problem solving and education to ready students tol be gainfully employed and thereby promotes economic development and the growth of jobs in Macon County. The payment of monthly rent for the aforementioned space is waived by the County and the agreement of the Macon County Board ofEducation to use the lease premises only for STEM educational purposes (4) Use of Premises. The leased premises shall only be used by Tenant for Macon County STEM educational purposes. Further, there shall be no use of the leased premises by students participating in the STEM educational program without appropriate and adequate adult Macon County School Personnel being present upon the leased premises at all times and appropriately supervising the students participating in the STEM eduçational program. The students participating in the STEM educational program shall at no time interfere with the activities and (5) No Assignment. This lease shall not be assigned by Tenant nor shall Tenant sublet the (6) Tenant's Responsibilities) for Repairs. Tenant agrees to accept the premises in their present condition and to maintain the interior components of the portion oft the premises leased to Tenant inag good state of repair during the term oft this lease. Interior components shall include the floors, walls, ceilings, electrical components, lighting fixtures, plumbing and plumbing fixtures. Tenant shall be responsible for interior repairs in the portions of the premises leased to it exclusively and in common with other tenants. If other spaçe in the Center is leased to existing or additional tenants, the tenants shall establish a procedure by which all tenants using the common area shall share in the cost of such maintenance. At termination, Tenant shall surrender the premises to the Lessori in as good condition as they now are, except for ordinary wear and tear incident to the use of the premises. Lessor makes no warranty whatsoever conçerning the adequacy of the leased (7) Lessor's Responsibilities, for Repairs. Lessor shall make. all necessary repairs to the exterior of the premises, including the parking and driveway areas, exterior walls, windows and roof. In the event the premises or any part thereofares substantially damaged by fire or other casualty to the extent that necessary repairs will exceed twenty percent of the value of the building, the parties agree that Lessor shall have no obligation to make the repairs and Lessor may elect to either make (8) Maintenance. Tenant shall be solely responsible for all routine and recurring maintenance, including cleaning, trash removal and painting oft the interior portion of the premises leased to it exclusively and the portion of the premises leased to is as common area with other tenants. Ifother space is leased to existing or additional tenants, the tenants shall establish a procedure by which all tenants using the common area shall sharei in the cost ofsuch maintenance. Lessorshallcontinue ton maintain the exterior premises including the parking areas, driveways and landscaping/mowing.  during the term oft the Lease shall constitute the consideration for this Lease  business of other tenants in the Business Development Center.  leased premises or any portion thereof.  premises for use by Tenant for STEM educational purposes.  the neçessary repairs or to terminate the lease.  2    (9) Abatement of Nuisances and Appearance. Tenant shall comply with all laws, rules and regulations of any governmental jurisdiction applicable to the leased premises and shall take all measures necessary to prevent or abate nuisances or other grievances arising out ofthe manner of the occupancy of the premises for its business purposes. Tenant shall further maintain the appearance of the premises in manner that is aesthetically pleasing and consistent with other business users in the neighborhood and shall not accumulate trash or debris nor display (10) Utilities. Lessee shall be responsible for furnishing its utilities for Unit D. and E: shown on Exhibit A attached hereto. Lessor will provide utilities for the balance oft the leased premises. (11) Alterations. Tenant shall not make any alterations, additions or improvements to the premises without first obtaining written permission from the Lessor and any such alterations, additions or improvements which are permitted shall inure to the benefit of the Lessor upon (12) Indemnification. Tenant shall indemnify Lessor and hold it harmless from and against any and all claims, actions, damages, liability and expense in connection with the loss oflife, personal injury or damage to property occurring in or about, or arising out of, the leased premises, or occasioned wholly or in part by any act or omission of Tenant, its agents, licensees, concessionaires, customers or employees. In the event Lessor shall be made a party to any litigation, commenced by or against Tenant, its agents, licensees, concessionaires, customers or employees, then Tenant shall protect and hold Lessor harmless and shall pay all costs, expenses and reasonable attorneys' fees included or paid by Lessori in connection with such litigation. (13) Environmental Matters. With respect to any pollutants, contaminants, chemicals, or industrial, toxic or hazardous substance or material defined as such in, or for purposes of, all applicable environmental laws, rules, regulations and ordinances now or hereafter in effect ("Environmental Laws"), including without limitation, any waste constituents coming within the definition or list of hazardous substances in 40 C.F.R. $8 261.1 through 261.33 ("Hazardous Material"), the Tenant represents, warrants and covenants that it will indemnify and hold Lessor harmless from and against any and all losses, liabilities, damages, injuries, interest, deficiencies, fines, penalties, costs, expenses, attorneys' fees, disbursements, and costs of investigation and clean-up, including without limitation, claims, suits, and proceedings by federal, state, or local government authorities with respect to, or as a direct or indirect result of (i) the presence on or under, ort the escape, seepage, leakage, spillage, discharge, emission, discharging or releasing from, the property of any Hazardous Material, ifs such occurs during the term oft the lease, (ii) any other environmental pollution, including without limitation, any contaminant, waste, irritant or pollutant, discharged into or otherwise contained in the environment at or adjacent to the property if such occurs during the term oft the lease, (iii) non-compliance relating to the Tenant's business or the property with any Environmental Law or any other federal, state or local statute, law, ordinance, rule, regulation, order or decree, or (iv) the inaccuracy, misrepresentation or violation or default of or under any matter set forth in this section unless any such loss, liability, damage, injury or the  merchandise on the premises.  expiration oft the lease and surrender of the premises by the Tenant.  3    likei is directly caused by negligent acts ofthe Lessor. In addition, the Tenant shall at all times keep on file with the Macon County Fire Marshall al list ofa any oft the materials, substances, or chemicals (14) Incidents of Defaull. Each and every term of this lease is a material part oft this lease and continuation of the lease is conditioned on the parties' adherence to its terms. The breach or threatened breach of any of the lease terms by the Tenant shall be deemed an incident of default. A declaration ofinsolvency or the filing of a petition of bankruptcy by the Tenant shall also be deemed an incident of default. In the event Tenant defaults as defined in this paragraph, Lessor may declare the lease terminated and retake possession of the premises upon allowing Tenant a reasonable time to vacate the premises and remove its personal property from the premises.  described in this paragraph and stored or kept on the leased premises.  Ini testimony whereof, the parties have signed this lease on the date first written above in  duplicate originals, one ofwhich is retained by each of the parties.  COUNTY OF MACON Macon County Manager  By:  Macon County Board ofEducation  By:  4    LJ  o  MrT3    Two(2) Prime Mover Vehicles for Macon County Emergency Services Bid No. 4375-08 opened March 24, 2021 @ 4:00 p.m.  Bid Alternate #1 nobid 6,099.80 8,289.40  Bid Alternate: #2 no bid no bid 9,827.06  Vehicle; #1 Vehicle#2 Emergency Lighting Radios  Jacky. Jones Chrysler Dodge. Jeep Ram West Chatham Warning Devices Inc. Western Carolina Comm Systems, Inc  58,856.55 59,034-55 nobid nob bid  nol bid no bid  Recommendation to: award the following: Jacky Jones Chrysler Dodge. Jeep Ram West Chatham Warning Devices Inc. Western Carolina Comm Systems, Inc  117,891.10 6,099.80 9,827.06 133,817.96    Docusign Envelope ID: EGDBETECATE4DA/9T6/C2ABFACOS  North Carolina Department ofPublic Safety  OPS Roy Cooper, Governor Erik A. Hooks, Secretary,  Emergency Management  Michael A. Sprayberry, Director  Homeland Security Grant Program (HSGP)  Fiscal Year: 2020 AL#:97.067 Grant#: EMW-2020-S5-00023 SUBAWARD NOTIFICATION Project Title: Prime Mover Total Amount of Award: $140,000.00 MOA #: 2040040  Warren Cabe Macon County 104) East Main St Franklin, NC28734-3045  Period of Performance: September 1,2020 tol February 28, 2023  North Carolinal Emergency Management (NCEM). is pleased toi inform you that the federal Fiscal Year(FY),2020 Homeland Security Grant Program (HSGP) has been approved for funding. In accordance witht the provisions ofFY 2020 HSGP: award, NCEM hereby awards to the foregoing subrecipient a grant in the amount shown above. Payment of funds: The grant shall be effective upon final approval by] NCEM oft the grant budget and program narrative and the execution of the forthcoming Memorandum of Agreement. Grant funds willl be disbursed (according to the approved project budget) upon receipt ofevidence that funds have been invoiced andj products received and/or that funds have been expended (i.e., invoices, contracts, itemized expenses, etc.). Conditions: The: subrecipient shall understand and agree that funds will only be expended for those projects outlined in the funding amounts as individually listed above. Subrecipient shall also certify the understanding and agreement to comply with the general and fiscal terms and conditions oft the grant including special conditions; to comply with provisions oft the 2 CFR 200 and all applicable laws governing these funds and all other federal, state and local laws; that all information is correct; that there has been appropriate coordination with affected agencies; that subrecipient is duly authorized to commit the applicant to these requirements; that costs incurred prior to grant application approval will result in the expenses being absorbed by the subrecipient; and that all agencies involved with this project understand that federal: funds are. limited to the period of performance. Subrecipient must read and Prior to funds being expended from this award the subrecipient must complete and submit an Environmental Planning and Historical Preservation form tol NCEM for approval. On receipt oft the approval letter from NCEM the Supplanting: Thes subrecipients confirm that sub-grant funds willi not be used to: supplant or replace. local or state funds or other resources that would otherwise have been available for homeland security activities. In compliance. with that mandate, the subrecipient will certify that the receipt of federal funds through NCEM shall in no way supplant or replace state or local funds or other resources that would) have been made available for homeland GRANT. AWARDI NOTICE: THIS AWARD IS SUBJECTTO THE GRANT: SPECIAL CONDITIONS! AND FINAL: APPROVAL: BY THE DEPARTMENT OF PUBLIC SAFETY, NORTHCAROLINA EMERGENCY  sign forthcoming Memorandum of Agreement for acceptance of the award. For projects involving construction or the installation ofequipment:  subrecipient: may begin to expend grant funds.  security activities.  MANAGEMENT GRANT PROGRAM BUDGET AND NARRATIVE  MAILING ADDRESS 4236N Mail Service Center Raleigh NC: 27699-4236 www.readync.org www.nedps.goy  OFFICELOCATION 1636 Gold Star Drive Raleigh, NC27607-3371 Telephone: (919)8 825-2500 Fax: (919): 825-2685    DocuSign Envelope ID: EBOBETE-C3TE4DA/916/C2FABFACOOE fficial Use Only  N*C DPS Roy Cooper, Governor Erik. A. Hooks, Secretary  North Carolina Department ofPublic Safety Emergency Management  Michael A. Sprayberry, Director  Homeland Security Grant Program  (HSGP) Fiscal Year 2020 AL#:97.067 Grant #: EMW-2020-S5-00023 Memorandum of Agreement (MOA)  between Subrecipient: Macon County Tax ID/EIN #: 56-6000930 Duns #: 070626825 Award amount: 9140,000.00  Recipient: State ofNorth Carolina Department of Public Safety Emergency Management MOA: #: 2040040 Period of pertormance: September 1,2020 to February 28, 2023 DPS fund code: 1502-7A38-3H20  1. Purpose  The purpose oft this Memorandum of Agreement is to establish responsibilities and procedures toi implement the terms of the US Department of Homeland Security (DHS) HSGP Grant Program. A copy of the complete Federal grant instructions is available at www.fema.gov. This agreement is to set forth terms by which the State of North Carolina, Department of Public Safety, North Carolina Emergency Management (Recipient), shall provide HSGP funding to the Subrecipient to fund projects related to Homeland Security Planning, Operations, Equipment purchases, Training and Exercises. For a more detailed description of the approved Scope of Work, please see Attachment 1. This Agreement is authorized under the provisions of(1) Department of Homeland Security Appropriations Act, 2020 (Pub. L.1 No. 116-93):(2)The 9/11 Commission Act of2007; (3) Public Law 107-56,(6U.s.C. $ 101 et seq.), the USA Patriot Acto of2001;(4) Public Lawi 107-296 as amended, the Homeland Security Acto tof2002; (5) Public Law 109-295, The Post-Katrina Emergency Management Reform Act of 2006, 6 U.S.C. 752(c); (6) the implementing recommendations or regulations of each Act or Law, if any; (7): the FY 2020 HSGP Notice of Funding Opportunity Announcement (NOFOA) available at www.fema.gov (8) applicable Grants Programs Directorate (GPD) Information Bulletins available at www.fema.gov; and (9) thel NCI Emergency Management. Act, Chapter 166A ofthel North Carolina General Statutes. The funds awarded under this grant must be used in compliance with all applicable state and federal laws toi include compliance with N.C.G.S. SS 143C-6-21, 143C-6-22, 143C-6-23 and 091 NCAC 03M. By accepting this award, the Subrecipient agrees to use these funds in a manner consistent with state laws and regulations.  2. Program Authorization: and Regulations  3. Projects managed by the] Recipient (State) on behalfofs Subrecipient (Only)  By initialing, the Subrecipient requests that the Recipient retains funds effective September 1, 2020. Subrecipient has agreed to receive grant funds from Recipient. Subrecipient desires for the North Carolina Emergency Management ori its assigns to conduct activities described in Attachment 1 oft this MOA, on its behalfwith its allocation ofawarded funds through thel FY20201 HSGP. Subrecipient authorizes Recipient toj provide the funds to the State ofNorth Carolina, Department of Public Safety, North Carolina Emergency Management or its assigns to conduct Planning, make Equipment Purchases, and conduct Training and Exercise activities to improve prevention, protection, preparedness,  HSGP MOA 2020  Tof14    DocuSign Envelope ID: EGDBETE-C3TE4DA/916/C2FABFACOB fficial Use Only  response, and recovery capabilities. See Attachment 1 for detailed Scope of Work. Subrecipient in returning management responsibilities back over to North Carolina Emergency Management or its assigns relieves itself from Recipient agrees thati it will pay the Subrecipient complete and total compensation for the services tol be rendered by the Subrecipient. Payment to the Subrecipient for expenditures under this Agreement will be reimbursed after the Subrecipient's cost report is submitted and approved for eligible scope of work activity. The original signed copy of this Award and MOA must be signed by the Official(s) authorized to sign below and returned to North Carolina Emergencyl Management: no later than 45 days after award date. The grant shall be effective upon retum ofthe executed Grant Award and MOA andi final approval byl North Carolina Emergency Management of the grant budget and program narrative. Grant funds willl be disbursed (according to the approved project budget) upon receipt of evidence that funds have been invoiced and products received and/or that funds have been expended (i.e., invoices, contracts, itemized Subrecipients must meet all reimbursement requirements contained herein. Non-compliance may result in denial of Federal funds administered through the State are available to local governments to assist in the cost of developing and maintaining a "Comprehensive Homeland Security Response" program, Continued HSGP funding is contingent upon completion of all HSGP funding requirements. The following eligibility criteria must be adhered to during the Grant  requirements set forth in this MOA.  4. Compensation  expenses, etc.) and/or that all work activities are completed.  reimbursement request(s) or revocation ofequipment and/or grant funds awarded for this project.  5. Funding Eligibility Criteria  Program:  A. Every participant must:  i. Be established as a State, Local, or Non-Profit agency by appropriate resolutionordinance. ii. Complete any procurement(s) and expenditures no later than February 28, 2023. iv. Submit request for reimbursement with all required documentation attached.  iii. Provide quarterly progress reports to NCEM Grant Managers, Training and Exercise Officer(s), and Field Branch Staff, as applicable using the latest Grant Quarterly Report form by the following dates: January 15",  April 15"July 15" and October 151.  B. File Retention:  Subrecipient is required to maintain records and (invoices) ofthis grant fort three years after termination ofthe grant, or audit if required, or longer where required by law, as outlined below, attached and incorporated by reference. Recipient must meet the financial administration requirements in 2 CFR Part 200 and must maintain a file for each HSGP grant award. The files must be available for review by North Carolina Emergency Management staff for site However, ifal litigation, claim or audit has been initiated prior to the expiration oft the three-year period and extends beyond the five-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The following files must be available for review by North Carolina Emergency ii.  Granta award and memorandum ofa agremern/memorandim of understanding and supporting appendices i. Completed appropriate reports with specifications, solicitations, competitive quotes or proposals, basis for  visits, project closeout and future audits.  Management staff for site visits, project closeout and future audits: i. Resolution/ordinance establishing Subrecipient a State, Local, or Non-Profit selection decisions, purchase orders, contracts, invoices and proof(s) of payment V. Equipment inventory records with photo documentation ofl labeling  iv. Audit findings and corrective action plans  The political subdivision must have an acceptable local travel regulation plan or accept the state travel regulations. The Subrecipient certifies that it understands and agrees that funds will only be expended for those projects outlined in the funding amounts as individually listed in the FY 2020 HSGP Application Packet, incorporated by reference herein. The Recipient certifies that it understands and agrees to comply with the general and fiscal terms and conditions of the  Conditions  HSGP MOA 2020  2of14    DocuSign Envelope ID: EGDBETECYE4DA/9T6/C2ABFACOE fficial Use Only  grant including special conditions; to comply with provisions of the applicable laws, rules and policies governing these funds; that all information is correct; that there has been appropriate coordination with affected agencies; that it is duly authorized to commit the Subrecipient to these requirements; that costsi incurred prior to grant application approval will result in the expenses being absorbed by the Subrecipient; and that all agencies involved with this project understand  that alll Federal funds are limited to the Federal periodofperformance.  7. Supplantation  Subrecipients are required to provide assurance that grant funds will not be used to supplant or replace local or state funds or other resources that would otherwise have been available for homeland security activities. In compliance with that mandate, the Subrecipient certifies that the receipt of Federal funds through North Carolina Emergency Management shall in no way supplant or replace state or local funds or other resources that would have been made  available for homeland security activities.  8. Compliance  Subrecipient shall comply with the applicable statutes, ordinances, regulations, licensing requirements, policies, guidelines and requirements, reporting requirements and certifications and other regulatory matters that are applicable to the conduct of its business and purchase requirements performed under this MOA, including those of Federal requirements and State and local agencies having appropriate jurisdiction and found in the applicable FY 2020 HSGP NOFO announcement. Subrecipient shall be wholly responsible for the purchases to be made under this MOA and for the supervision ofi its employees and assistants. Failure to comply with thes specified conditions of this MOA will result  int the return of funds and/or items to North Carolina Emergency Management.  9. Responsibilities Recipient:  A. The Recipient shall provide funding to the Subrecipient to perform the work activities as described herein. B. The Recipient shall conduct a review ofthe project to ensure that it is in accordance with HSGP requirements. C. The Federal award date is September 1, 2020. Funds allocated for the performance oft the work activities must be encumbered and invoices received by the North Carolina, Departinent of Public Safety, and North Carolina  Emergency Management by February 28, 2023.  D. The recipient shall directly monitor the completion oft this project.  Subrecipient:  A. The Subrecipient shall expend FY 2020 HSGP Grant Program funds in accordance with the applicable DHS and HSGP NOFO announcement, the Grant Application Package, and the Grant Award and Special Conditions documents, incorporated by reference herein, ofthis MOA: for the pertormance of the work activities. B. The Subrecipient shall utilize State of North Carolina and/or local procurement policies and procedures for the expenditure of funds, and conform to applicable State and Federal law and the standards identified in the Procurement Standards Sections of 44 Code of Federal Regulations (CFR) 2 CFR Part 200. Subrecipient must follow procurement procedures and policies as outlined in the applicable DHS and HSGP NOFO announcement and the DHS Financial Management Guide. Subrecipient shall comply with all applicable laws, regulations and program guidance. Subrecipient must comply with the most recent version of the funding administrative requirements, cost principles, and audit requirements. Administrative and procurement practices must conform to applicable Federal requirements. A non-exclusive listofregulations commonly applicable tol DHS grants are listed below, codified in the following guidance: 2 CFR 215; 2 CFR Parts 225, 220, and 230; 15 CFR Part 24; Federal Acquisition Regulations (FAR), Part31.2; and 12CFR200 Sub-part Fand 44 CFRPart 14;28 CFR: Part 23" "Criminal Intelligence Systems Operating Policies"; 49 CFR Part 1520 "Sensitive Security Information"; Public Law 107- 296, The Critical Infrastructure Act of2002; Title VIofthe Civil Rights Actof1964, as amended, 42 U.S.C. 2000 et. seq.; Title IX of the Education Amendments of 1972, as amended, 20U.S.C. 1681 et. seq; Section 504 oft the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; The Age Discrimination Act of 1975, as amended, 20 U.S.C.6101 et. seq.; Cashl Management Improvement. Act( (CMIA)andi itsi implementing regulations at310 CFR Part 205; FEMA Grant Programs Directorate, Grants Management Division, Match Guidance; Certifications and Assurances regarding) Lobbying31 U.S.C. 1352, Drug-Free Workplace Act, as amended, 410 U.S.C. 701 et. seq. and  HSGP MOA2 2020  3of14    DocuSign Envelope ID: ESDB9E7E-C3TE4DA/-916/C2FABFACOB fficial Use Only  Certification Regarding Drug-Free Workplace Requirements; Debarment and Suspension Executive Orders 12549 and 12689 and 44 CFR Part 17 and Certification Regarding Debarment, Suspension and Other Responsibility Matters; Assurances as listed in SF 424B and SF 424D, 28 CFR Parts 66, 67, 69, 70 and 83; 2 C.F.R. Part 200, including 2 C.F.R. $8 200.310, 200.313, and 200.316; and Grant Award and Special Conditions documents. Submit invoice(s) requesting reimbursement for item(s) received to the NCEM Grants Management Branch. Recipient will reimburse Subrecipient for eligible costs as outlined in the applicable DHS Program Guidelines and NOFO announcements. Subrecipient must take possession of all purchased. equipment and receive any grant- eligible service prior to seeking reimbursement from the Recipient. Subrecipient must submit request for  reimbursement within 60 days of payment ofinvoice. D. Complete thej procurement(s) process not later than February 28, 2023.  E. Provide quarterly progress reports tol NCEM Grant Managers, Training and Exercise Officer(s), and Field Branch Staff, as applicable using the latest Grant Quarterly Report form by the following dates: January 15th, April 15th,  July 15th and October 15". (Attachment 2)  F. Maintain a grant management filing system as required in this MOA (attachment 5).  G. Provide al list at project completion phase to the Grants Manager, DPR chair, and/or Branch Office listing all items purchased through the grant including Grant- Funded' Typed Resource Report (attachment. 3). H. Comply with the applicable Federal statutes, regulations, policies, guidelines and requirements, reporting requirements and certifications as outlined int the: applicable FY 20201 HSGPI NOFO: announcement and Grant Award and Special Conditions documents including DHS Standard Terms and Conditions (attachment 4). Comply with current Federal laws, suspension and debarment regulations pursuant to 2 CFR 200 Sub-part F and OMB which states in pertinent part that "effective November 26, 2003, when a non-Federal entity enters into a covered transaction with an entity at a lower tier, the non-Federal entity must verify that the entity is not suspended or debarred or otherwise excluded. Subrecipient shall be responsible to ensure that it has checked the Federal System for Awards Management GAM)Mp-hwaamgewpralpbissAMa4 the State Debarred Vendors Listing, tp/ww.pande.nene.govActionsAsp to verify that contractors or subrecipients have not been: suspendedor J. Ensure that HSGP funds are not used to support thel hiring ofa any personnel for the purposes offulfilling traditional K. Non-supplanting Requirement. Federal grant funds shall be used to: supplement existing funds, and shall not replace L. All materials publicizing or resulting from award activities shall contain this acknowledgement: "This project was supported by al Federal award from the US Department ofl Homeland Security, Department of] Public Safety, North Carolinal Emergency Management. " Use of the Federal program logo must be approved by DHS.I Printed as al legend, either below or beside the logo shalll be the words "Funded by US Department ofHomeland Security. M. Subrecipient shall have sole. responsibility for the maintenance, insurance, upkeep, and replacement of any equipment procured pursuant to this Agreement unless hand receipted or transferred. N. Maintain an effective property management system that complies with the following requirements:  debarred from doing business with the Federal government",  public safety duties or to supplant traditional public safety positions and responsibilities.  (supplant). funds that have been appropriated for the same purpose.  - Recipient and Subrecipient shall take an initial physical inventory of any equipment. Equipment is defined: as tangible, non-expendable property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. Subrecipient may have property management guidelines that are more restrictive, requiringa unit ofe equipment with a value of less than $5,000 to be inventoried. Ifso, such equipment purchased under this award allocation shall be included on the report submitted to Recipient. The grant summary, cost reports with. backup documentation, certificate oftitle, and any other Subrecipient reports or inventory reports that include information regarding the grant, vendor, invoice number, cost per item, number ofitems, description, location, ii. Subrecipient must ensure a control system exists to ensure adequate safeguards to prevent loss, damage or theft. Subrecipient shall be responsible for replacing or repairing equipment which is willfully or negligently lost, stolen, damaged, or destroyed. Any loss, damage or theft of the property must be investigated and fully  condition and identification number may be used to meet this requirement.  documented, and made part ofthe official project records.  HSGP MOA 2020  4of14    DocuSign Envelope ID: EGDBSETE-C3TE4DA/9T16/.C2FABFAC0EB fficial Use Only  iii. Subrecipient or equipment owner. must ensure adequate maintenance procedures exist tol keept the equipment in iv. Disposition Procedures. Subrecipient may dispose of the equipment when the original or replacement equipment acquired under the grant award is no longer needed for the original project or program. Items with a fair market value ofl less than $5,000 may be retained, transferred or otherwise disposed ofwith prior approval ofF Recipient and in accordance with disposition requirements in 20 CFR Part 200. Items with a current per unit standard Federal or fair market value in excess of$5,000 may be retained, transferred or otherwise disposed of with prior Recipient approval in accordance with disposition requirements in 2 CFR Part 200. Subrecipient must provide documentation that includes the method used to determine current fair market value. V. Only allowable equipment listed in the Authorized Equipment List (AEL) for HSGP are eligible for purchases P. Subrecipient must utilize equipment as intended in their project application to NCEM. Any variation from this intended use must be requested in writing and approved by NCEM, Any equipment purchased under the HSGP is subject to use as a regional asset to be utilized by the DHS, North Carolina Emergency Management, or Domestic Preparedness Region partners and statewide as needed. Failure to adhere to this policy might result in revocation of Subrecipient must have al DUNS number, prior to any funds being released. DUNS numbers may be obtained from R. Each subrecipient shall ensure their organization is registered with the System for Award Management (SAM). It isr required for all applicants name, address, DUNS number and EIN are up to date in SAM and that the DUNS number used in SAM is the same one used to apply for all FEMA awards. SAM information can be found at htp/ww.sam.goy. Future payments will be contingent on the information provided in SAM; therefore it is S. The purchase or acquisition ofany additional materials, equipment, accessories or supplies, or the provision of any training, exercise or work activities beyond that identified in this MOA shall be the sole responsibility of All terms and conditions of this MOA are dependent upon and subject to the allocation of funds from the DHS and NCEM fort the purpose set forth, and the MOA shall automatically terminate if funds cease to be available. Allowable costs shall be determined in accordance with the applicable DHS Program Guidelines, which include, but may not be limited to, the FY 20201 HSGP NOFO announcement, available at: www.fema.gov. 2CFRI Parts 200 Sub-part F,215,220,225,: and 230, Federal Acquisition Regulations (FAR). Part 31.2, OMB Circulars A-21 and the DHS Financial Management Guide available at www.dhs.gov. Allowable costs are also subject to the approval oft the State Administrative Agent for the State of North Carolina, the Secretary ofthe. Department of Public Allowable costs are also subject to the approval of the State Administrative Agent for the State of North Carolina, the  good condition.  from this grant. For more guidance visit www.fema.gov, O. Noi indirect or administrative costs willl be charged to this allocation award.  funds allocated for the purchase ofs said equipment.  either of the following web links: www.dnb.com or psepmbsoastieme  imperative that the information is correct.  Subrecipient, and shall not be reimbursed under this MOA.  10. Funding  Safety.  Secretary of the Department ofl Public Safety.  11. Taxes  Subrecipient shall be considered to be an independent subrecipient and as such. shall be responsible for ALL taxes.  There shall be no reimbursement for taxes incurred by the subrecipient under this grant.  12. Warranty  As an independent subrecipient, the Subrecipient will hold the Recipient harmless for any liability and personal injury that may occur from or in connection with the performance of this Agreement to the extent permitted by the North Carolina Tort Claims Act. Nothing in this Agreement, express or implied, is intended to confer on any other person any rights or remedies in or by reason oft this Agreement. This Agreement does not give any person or entity other than the parties hereto any legal or equitable claim, right or remedy. This Agreement is intended fort the sole and exclusive benefito oft the parties hereto. This Agreement is not made for the benefit ofany third person or persons. No third party  HSGPJ MOA2020  5of14    DocuSign Envelope ID: EGDBETEC3TE4DA/-9T6/.CC2FABFACOB fficial Use Only  may enforce any part of this Agreement or shall have any rights hereunder. This Agreement does not create, and shall not be construed as creating, any rights enforceable by any person not a party to this Agreement. Nothing herein shall  be construed as a waiver of the sovereign immunity oft the State of North Carolina.  13. Audit Requirements  For alll DHS grant programs, Subrecipient is responsible for obtaining audits in accordance with 2 CFR 200 Subpart F. As subrecipient that receives a combined $500,000 or more in North Carolina state funding or federal funding passed through as state agency must within 9 months oft the subrecipient's fiscal year end submit to DPSI Internal Audit AuditGrantsReport@ncdps.ov) a single audit prepared and completed in accordance with Generally Accepted As subrecipient that receives a combined $750,000 or more ini funding from all federal funding sources, even those passed through a state agency, must within 9 months oft the subrecipient's fiscal year end: A. Post the single audit to the Federal Audit Clearinghouse ntps/nanester.census.oV/arweb, B. Submit tol DPS Internal Audit AuditGrantsReport@ncds.gov) a single audit prepared and completed in accordance with Generally Accepted Government Auditing Standards ntps//www.Ra0.goV/yellowbook.  Government Auditing Standards.  Make copies of the single audit available to the public.  14. State Property  Subrecipient shall be responsible for the custody and care of any property purchased with HSGP funds furnished for use in connection with the performance ofthis Agreement and shall reimburse the Recipient for any loss or damage to said property until the property is disposed ofi in accordance with HSGP Program requirements. Recipient will not be held responsible for any property purchased under this MOU/MOA. Title to the property purchased with HSGP funds  shall be in the Subrecipient unless noted in Section 8 ofthe MOA.  15. Points of Contact  To provide consistent and effective communication between Subrecipient and thel North Carolina Department of Public Safety, North Carolina Emergency Management, each party shall appoint a Principal Representative(s) to serve. as its central point of contact responsible for coordinating and implementing this MOA. The North Carolina Department of Public Safety, North Carolina Emergency Management contact shallb be, Assistant Director-A Administration, thel NCEM Grants Management Branch Staff, and the NCEM Field Branch Staff. The Subrecipient point of contact shall be the HSGP Program Manager or the person designated by the Subrecipient. All confidential information of either party disclosed to the other party in connection with the services provided hereunder will be treated by the receiving party as confidential and restricted ini its use to only those uses contemplated by the terms oft this MOA. Any information to be treated as confidential must be clearly marked as confidential prior to transmittal to the other party. Neither party shall disclose to third parties, the other party's confidential information without written authorization tos do so from the other A. Asoft the date of disclosure and/or delivery, is already known to the party receiving such information.  party. Specifically excluded from such confidential treatment shall be information that: B.. Is or becomes part ofthe public domain, through no fault of the receiving party.  CIsl lawfully disclosed to the receiving party by a third party who is not obligated to retain such information in D.I Isi independently developed at the receiving party by someone not privy to the confidential information.  confidence.  16. Public Records Access  While this information under Federal control is subject to requests made pursuant to the Freedom of] Information Act (FOIA), 51 U.S.C. $552 et. seq- all determinations concerning the release ofinformation oft this nature are made on a case-by-case basis by the FEMA FOIA Office. This agreement may be subject to the North Carolina Public Records  Act, Chapter 132 oft the North Carolina General Statutes.  HSGP) MOA 2020  6of14    DocuSign Envelope ID: E6DB9E7E-C37E-4DA7-9167-CC2F48F4C00B fficial Use Only  17. Subcontracting  IfSubrecipient subcontracts any or all purchases or services required under this Agreement, then Subrecipient agrees toi include in the subcontract that the subcontractor is bound by the terms and conditions of this MOA. Subrecipient and any subcontractor agree to include in the subcontract that the subcontractor shall hold Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this MOA. If Subrecipient subcontracts any or all purchases or services required under this MOA, a copy ofthe executed subcontract Agreement must be forwarded to Recipient. A contractual arrangement shall ini no way relieve Subrecipient of its responsibilities to ensure that all funds issued pursuant to this grant be administered in accordance with all state and Federal requirements. Subrecipient is bound by all special conditions of this grant award as set out in the Grant Application Package and the Grant Award and Special Conditions documents, incorporated by referencel herein, as well as all terms,  conditions and restrictions of the applicable HSGP NOFO announcement referenced herein.  18. Situs  This Agreement shall be governed by the laws ofl North Carolina and any claim for breach or enforcement shall be filed  in State Court in Wake County, North Carolina.  19. Antitrust Laws  This Agreement is entered into in compliance with all State and Federal antitrust laws.  20. Other ProvisionsSeverablity  Nothing in this Agreement is intended to conflict with current laws or regulations of the State of North Carolina, Department of Public Safety, North Carolina Emnergency Management, or the Subrecipient. Ifai term oft this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this  agreement shall remain in full force and effect.  21. Compliance with the law  Subrecipient shall be wholly responsible for the purchases to be made under this MOA and for the supervision ofi its employees and assistants. Subrecipient shall be responsible for compliance with all laws, ordinances, codes, rules, regulations, licensing requirements and other regulatory matters that are applicable to the conduct ofi its business and purchase requirements performed undert this MOA, including those ofl Federal requirements and State and local agencies  having appropriate jurisdiction and found in thel FY 2020 HSGP NOFO announcement.  22. Entire Agreement  This Agreement and any annexes, exhibits and amendments annexed hereto and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral and written This Agreement may be amended only by written amendments duly executed by the Recipient and the Subrecipient. Effective August 13,2020, FEMAI recipients and subrecipients may not use any FEMA funds undero open or new. awards 1. Procure or obtain any equipment, system, or service that uses coveredielecommunications equipment or services 2. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered elecommumications equipment or services as a substantial or essential component of any system, or as critical 3. Enter into, extend, or renew contracts with entities that use covered: elecommunications equipment or services as asubstantial or essential component of any system, or as critical technology as part ofany system  statements or agreements. 23. Modification  24. Prohibition on purchasing certain elecommunications  to:  asas substantial or essential component ofany system, or as critical technology ofany system  technology ofany system  Replacement Equipment and. Services  HSGP MOA 2020  7of14    DocuSign Envelope ID: E6DB9E7E-C37E-4DA7-9167-CC2F48F4C00B fficial Use Only  FEMA grant funding may be permitted to procure replacement equipment and services impacted by this prohibition. Recipients and subrecipients should refer to applicable program guidance or contact the applicable program office to  determine ifr replacement equipment or services is eligible under that program.  Definitions  Per section 889(/2)-3)ofthe) FY 2019 NDAA, covered telecommunications equipment or services means: 1. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any 2. For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua 3. Telecommunications or video surveillance services provided by such entities or using such equipment 4. Telecommunications or video surveillance equipment or services produced or provided by an entity that the ecretatyofDetense, in consultation with the Director of! National Intelligence or thel Director ofthe Federal Bureau ofInvestigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the People's  subsidiary or affiliate of such entities)  Technology Company (or any subsidiary or affiliate ofsuch entities)  Republic of China.  25. Certification of eligibility--Under the Iran Divestment Act  Pursuant to G.S. 147-86.59, any person identified as engaging ini investment activities in Iran, determined by appearing on thel Final Divestment List created by the State Treasurer pursuant to G.S, 147-86.58, is ineligible to contract with the State of! North Carolina or any political subdivision of the State. The Iran Divestment Act of2015, G.S. 147-86.55 et seq.* requires that each vendor, prior to contacting with the State certifies, and the undersigned on behalfoft the Vendor A. That the vendor is not identified on the Final Divestment List of entities that the State Treasurer has determined B. That the vendor shall not utilize on any contract with the State agency any subcontractor that is identified on the  does hereby certify, to the following:  engages in investment activities in Iran  Final Divestment List  - That the undersigned is authorized by the Vendor to make this Certification  The State Treasurer's Final Divestment List can be found on the State Treasurer's website at the address: and is updated every 180 days. For questions about the Department of State Treasurer's Iran Divestment Policy, please  itps/www.nctreasurer.com/otice-sttetreasure/dvesmentanddonokmot-contract-rules,  call (919)814-3852. 26. Termination  The terms of this agreement, as modified with the consent of all parties, will remain in effect until February 28, 2023. Either party upon thirty days advance written notice to the other party may terminate this agreement. Upon approval by DHS, FEMA and thei issuance ofthe Grant Adjustment) Notice, ifthis MOA is extended, the termination date fort the extension will be the date listed in the applicable DHS, FEMA Grant Adjustment Notice, incorporated by reference herein. If DHS suspends or terminates funding in accordance with 2CFR 200 and the 2020 HSGP NOFO, incorporated by reference herein, the Subrecipient shall reimburse North Carolina Emergency Management for said property and/or  expenses. 27. Scope of Work  Subrecipient: shall implement the HSGP project summarized below and as described in the approvedj project application.  That application is hereby incorporated by reference into this Agreement:  A. Scope of Work Summary  i. Completed appropriate report forms with invoices and proof(s)ofp payment iii. Equipment inventory records with photo documentation ofl labeling B. Documentation to be provided throughout the Period of Performance oft the grant:  ii. Audit findings and corrective action plans  HSGP MOA2020  8of14    DocuSign Envelope ID; EGDB9ETE-C3TE4DA/916/C2FABFACOB fficial Use Only  Quarterly project progress reports Equipment purchased with HSGP iii. After-action report from exercise iv. Training course roster and description V. Any other documentation that would be pertinent Receipts must contain the following information: Date the product or service was provided. Itemized description of all products or services. Unit price of products or services (ifapplicable).  ii. Subrecipient involved legal action that pertains to Planning, Organization, Training, Exercise and  vi. All legible and complete invoices and receipts detailing the expenses associated with the project.  Name and address oft the vendor or establishment providing the product or service.  Vendor/Payee invoice number, account number, and any other unique meaningful identifying number  Total amount charged.  vii, Proofofp payment of expenses associated with the project The Subrecipient certifies, to the best ofi its knowledge and belief, that:  28. Lobbying Prohibition  A. No Federal appropriated funds have been paid or will be paid, by or on behalfoft the undersigned, to any person or employee ofany state or Federal agency, a member ofthe NC General Assembly, al Member ofCongress, an officer or employee of Congress, or an employee ofa a Member ofCongress in connection with the awarding ofa any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, B. Ifany funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to - Thel undersigned shall require that the language oft this certification bei included in the award documents fora allsub- awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title31,U.S. Code. Any person who fails to filet the requiredcertification shall bes subject toac civil penalty  loan, or cooperative agreement.  Report Lobbying,"ina accordance with its instructions.  agreements) and that all subrecipients shall certify and disclose accordingly.  ofnot less than $10,000 and not more than $100,000 for each such failure.  29. Assurance of Compliance with' Title VI oft the Civil Rights Act of1964-1 procurement  During the pertormance oft this contract, the subrecipient, for itself, its assignees and successors ini interest (hereinafter A. Compliance with Regulations: The subrecipient shall comply with the Regulations relative to nondiscrimination in Federally-Assisted Programs of the 20 CFR. 200 and North Carolina regulation as they may be amended from time tot time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made aj part of B. Nondiscrimination: The subrecipient, with regard to the work performed by it during the contract, shall not discriminate on the grounds ofrace, sex, or national origin in the selection and retention ofs subrecipients, including procurements ofmaterials and leases ofequipinent. The subrecipient shall notp participate either directly orindirectly  referred to as the "subrecipient"): agrees as follows:  this contract.  HSGP MOA: 2020  9of14    DocuSign Envelope ID: ESUBETE-YE4DA/.916/.CC2FABFACAS fficial Use Only  in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the C. Solicitation for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the subrecipient for work to be performed under a subcontract, including procurements ofmaterials or leases ofequipment, each potential subrecipient or supplier shall be notified by the subrecipient of the subrecipients obligations under this contract and the Regulations relative to D. Information and Reports: The subrecipient shall provide alli information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as my be determined by the Recipient or the Research and Special Programs Administration (RSPA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required ofa subrecipient is in the exclusive possession of another who fails or refuses to furnish this information the subrecipient shall sO certify to the Recipient or the Research and Special Programs Administration as appropriate, and shall set forth what efforts it has made to obtain such information. E. Sanctions for Noncompliance: In the event of the subrecipients noncompliance with nondiscrimination provisions of this contract, the Recipient shall impose contract sanctions as it or the Research and Special Programs Admninistration may determine to be appropriate, including, but not limited to: 1 Withholding of payments to the subrecipient under the contract until the subrecipient complies. ii. Cancellation, termination, or suspension of the contract, in whole or in part.  contract covers aj program set forth in Appendix B ofthe Regulations.  nondiscrimination on the grounds of race, color, sex, or national origin.  F. Incorporation of Provisions: The subrecipient shall include the provisions of every subcontract, including procurement ofm materials and leases ofe equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contract shall take such action with respect to any subcontract or procurements as the Recipient or the Research and Special Programs Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provide, however, that in the event a subrecipient becomes involved in, or is threatened with, litigation with a subcontract or supplier as a result ofsuch direction, the subrecipient may request thel Recipient to enteri intos such litigation to protect the of thel Recipient and, ina addition the subrecipient may request  the United States to enters such litigation to protect the interests of the United States. 30. Assurance of Compliance with Title VI of the Civil Rights Act of 1964- regulations  Subrecipient hereby agrees that as a condition to receiving any Federal financial assistance from the DHS it will comply with Title VI oft the Civil Rights Act of1964, 78 Stat. 252, 421 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the Act) and all requirements imposed by or pursuant to 20 CFR Sub Part F, Nondiscrimination in Federally-Assisted Programs of the DHS - Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise discrimination under any program or activity for which the Subrecipient receives Federal financial assistance from the DHS, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance: is required by subsection21.7Q)0), ofthe Regulations. More specifically and without limiting the above general assurance, the Subrecipient hereby gives A. Agrees that each program" and each' "facility" as defined ins subsections 21.23(e) and 21.23(b) of the Regulations, willl be (with regard to a "program") conducted, or will be (with regard to ("facility") operated in compliance with B. Insert the following notification in all solicitations for bids for work or material subject to the Regulations and, in  the following specific assurance with respect to the project:  all requirements imposed by, or pursuant to, the Regulations. adapted form in all proposals for negotiated agreements:  In accordance with Title VI oft the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and 2 CFR Sub Part F issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in regardto any contract enteredi into pursuant to this advertisement, minority, business enterprises willl be afforded  HSGP MOA 2020  10of14    DocuSign Envelope ID: EGDBSETE-C3TE4DA/916/C2FABFACQE fficial Use Only  full opportunity to submit bids in response to thisi invitation and will not be discriminated against on the grounds  ofr race, color, sex or national origin in consideration for an award.  1 Insert the clauses oft this agreement in every contract subject to the Act and the Regulations.  D. This assurance obligates the Recipient for the period during which Federal financial assistance is extended to the E. Provide for such methods of administration for the program as are found by the Secretary of DHS or the official to whom he delegates specific authority to give reasonable guarantee that is, other recipients, subrecipients, contractors, subcontractors, transferees, successors ini interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this F. Agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereoft to the Recipient by the DHS and is binding on it, other recipients, subrecipients, contractors, subcontractors, transferees, successors in interest and other participants in the DHS Program. The person or persons whose signatures appear below are  project.  assurançe.  Act, and Regulations, and this assurance.  authorized to sign this assurance on behalf of the recipients.  31. Assurance of Compliance with Title VI oft the Civil Rights Act of 1964- deeds, licenses, permits, leases The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by A. The [Subrecipient, licenseé, lessee, permittee, etc., as appropriate] fori itself, herself/himself, his/her heirs, personal representatives, successors in interest, and assigns, as a part oft the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that in the event facilities are constructed, maintained, or otherwise operated on the said property described ini this [deed, license, lease, permit, etc.]f for a purpose for which al DHS program or activity is extended or for another purpose involving thej provision of similar services or benefits, the Subrecipient [licensee, lessee, permittee, etc.] shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 20 CFR Sub Part F and as said B. Thati in the event of breach oft the above nondiscrimination covenants, Subrecipient shall have the right to terminate the [liçense, lease, permit, etc.] ] and to re-enter and repossess said land and the facilities thereon, and hold the same That in the event of breach of any oft the above nondiscrimination covenants, Subrecipient shall have the right to re-enter said lands and facilities thereon, and the above-described lands and: facilities shall thereupon revert to and The following shall be included in all deeds, liçenses, leases, permits, or similar agreements entered into by A. The [Subrecipient, licensee, lessee, permittee, etc., as appropriate] for herself/himself, his/her personal representatives, successors in interest, and assigns, as a part ofthe consideration hereof, does hereby covenant and agree [in case of deeds, and leases add "as a covenant running with the land"] that (1) no person on the grounds of race, color, sex, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2)t that in the construction ofa any improvements on, overor under such land and the furnishing services thereon, no person on the grounds ofr race, color, sex, or national origin shall be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination, and (3) that the [Subrecipient, licensee, lessee, permittee, etc.] shall use the premises in compliance with all other  Subrecipient executed in expending these grant funds:  Regulations may be amended.  as ifsaid [licenses, lease, permit, etc.J! had never been made or issued.  vest in and become the absolute property ofs Subrecipient and its assigns.  Subrecipient:  HSGP MOA 2020  11of14    DocuSign Envelope ID: EBDBETE-COTE4DA/916/.CZPAEFACOE fficial Use Only  requirements imposed by or pursuant 2 CFR Sub Part F Effectuation of Title VI of the Civil Rights Act of 1964, B. That in the event of breach ofany of the above nondiscrimination covenants, Subrecipient shall have the right to terminate the [license, lease, permit, etc.] and tor re-enter. and repossess said land and the facilities thereon, and hold That in the event of breach of any oft the above. nondiscrimination covenants, Subrecipient shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and Reverted clause and related language to be used only when it is determined that such a clause is necessary in order  and as said Regulations may be amended.  the same as ifsaid [license, lease, permit, etc.]. had never been made or issued. vest in and become the absolute property of Subrecipient and its assigns. toe effectuate the purpose ofTitle VI of the Civil Rights Act of1964.  32. Assurance of Compliance with Privacy Act  The Subrecipient agrees:  A. To comply with the provisions oft the Privacy Act of 1974, 5 U.S.C. $552A and regulations adopted there under, when performance under the program involves the design, development, or operation of any system or records on individuals to be operated by the Subrecipient, its third-party subrecipients, contractors, or their employees to B. To notify DHS when the Subrecipient or any ofi its third-party contractors, subcontractors, subrecipients, or their employees anticipate a system of records on behalf of DHS in order to implement the program, if such system contains information about individuals name or other identifier assigned to the individual. A system of records subject to the Act may not be used in the performance ofthis Agreement until thei necessary and applicable approval C. Toi include in every solicitation and in every third-party contract, sub-grant, and when the performance of work, under that proposed third-party contract, sub-grant, or sub-agreement may involve the design, development, or operation of a system of records on individuals to be operated under that third-party contract, sub grant, or to accomplish al DHS function, a Privacy Act notification informing the third party contractor, or subrecipient, that it will be required to design, develop, or operate a system of records on individuals to accomplish a DHS function subject to the Privacy. Act of 1974, 5U.S.C. $552a, and applicable DHS regulations, and that a violation oft the Act D. Toi include the text of Sections 30 part A through C in all third party contracts, and sub grants under which work for this Agreement is performed or which is award pursuant to this Agreement or which may involve the design,  accomplish a DHS function.  and publication: requirements have been met.  may involve the imposition of criminal penalties; and  development, or operation ofas system ofrecords on behalf of the DHS.  33. Certification Regarding Drug-Free Workplace Requirements (Subrecipients Other Than Individuals) This certification is required by the regulations implementing the Drug-Free Workplace Act of1988, 44 CFR Part17, Sub Part F. The regulations, published int the. January31, 1989 Federal Register, require certification by sub- Recipient, prior to award, that they will maintain a drug-free workplace. The certification set out belowi isam material representation of the act upon which reliance will be placed when the agency determines to award the grant. False certification or violation of the certification shall be grounds for suspension of payments, suspension or termination of grants, or A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use ofacontrolled substance is prohibited in the Subrecipient'sv workplace: and specifying the actions that willl be taken  government-wide suspension of debarment, (See 2 CFR Part 200).  against employees for violation of such prohibition. B. Establish a drug-free awareness program to inform employees about: i. The dangers ofdrug abuse in the workplace ii. The Subrecipient's policy ofn maintaining a drug-free workplace  HSGP MOA 2020  12of14    DocuSign Envelope ID: EGDBSE/E-C3TE4DA/916/.CC2FABFACOB fficial Use Only  iii. Any available drug counseling, rehabilitation, and employee assistance programs  iv. The penalties that may bei imposed upon employees for drug abuse violations occurring in the workplace Require that each employee engaged in the performance of the grant be given a copy of the statement: required by D. Notifying the employee in the statement required by paragraph (A) that, as a condition ofe employment under the  paragraph. A..  grant, the employee will:  Abide by the terms of the statement. later than five days after such conviction. otherwise receiving actual notice of such conviction.  ii. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no E. Notifying the agency within ten days after receiving notice under subparagraph (D) (ii), from an employee or F. Taking one ofthe following actions, within 30 days ofreceiving notice under subparagraph (D)(11), with respect to . Taking appropriate personnel action against such an employee, upt to and including termination. ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by federal, state, local health, law enforcement, or other appropriate agency. G. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs This grant shall become effective upon return of this original Grant Award and MOA, properly executed on behalfof the Subrecipient, to North Carolina Emergency Management and will become binding upon execution ofa all parties to the Agreement. The terms of this Agreement will become effective September 1,2020. The last signature shall be that  any employee who is convicted:  (A),(B,(0).D).(),: and(F). 34. Execution and Effective Date  ofErik A. Hooks, Secretary for the North Carolina Department of] Public Safety. This agreement shall be in effect from September 1, 2020 to February 28, 2023.  35. Term of this Agreement  HSGP MOA: 2020  13of14    DocuSign Envelope ID: E6DB9E7E-C37E-4DA/-916/-CC2F48F4C00B fficial Use Only  IN WITNESS WHEREOF, the parties have each executed this Agreement and the parties agree that this Agreement  will be effective as of September 1,2020. N.C. DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY MANAGEMENT  MACON COUNTY 104 EAST MAIN ST FRANKLIN, NC 28734-3045  1636 GOLD STAR DR RALEIGH, NC27607 DocuSignedby: Mikt Spraybumy  -Docusignedby: BY: Dunk Rland F6DECOE19443--  BY:  MICHAEL. A. SPRAYBERRY, EXECUTIVE DIRECTOR & DEPUTY HOMELAND SECURITY ADVISOR NC: EMERGENCY MANAGEMENT NC OFFICE OF RECOVERY & RESILIENCY  APPROVED ASTO: PROCEDURES: Docusignedby: Jara Wuiama-ByeoN TARA WILDIAMS-BROWN, CONTROLLER DEPARTMENT OF PUBLICSAFETY  BY:  BY:  -Docusigned! by: (Villiam Pdk  BY:  WILLIAMI POLK,DEPUTY GENERAL COUNSEL REVIEWED FOR THEI DEPARTMENT OF PUBLIC SAFETY, BY WILLIAM POLK, DPS DEPUTY GENERAL COUNSEL, TO FULFILLTHE PURPOSES OF THE US DEPARTMENT OF HOMELAND SECURITY GRANT PROGRAMS  Docusignedby: Enk A. looks ERIK A19OORS): SECRETARY DEPARTMENT OF PUBLIC SAFETY  BY:  THIS MOA WASPREVIOUSLY APPROVED ASTO FORM BY THE NORTH CAROLINA DEPARTMENT OF JUSTICE FOR THE FY 2020 HOMELAND SECURITY GRANT PROGRAM ONLY AND IS SUBJECT TO EXECUTION BY ERIK A. HOOKS, SECRETARY OF THE DEPARTMENT OF PUBLIC SAFETY. THIS MOU/MOA SHOULD NOT BE USED FOR OTHER MOUS/MOAS FOR THE: HSGP FOR OTHER FISCAL  YEARS.  HSGP MOA 2020  14of14    STATE OF NORTH CAROLINA COUNTY OF MACON  RELEASE OF PERFORMANCE BOND  This Release of Performance Bond (the "Release") is hereby presented by the Macon County Board of County Commissioner Chairman and Macon County Manager to Morris Broadband, LLC (the "Principal) and International Fidelity Insurance Company (the "Surety  Company") as ofthis  day of April, 2021.  WHEREAS, Principal and Surety Company have posted a Performance Bond for the WHEREAS, the County of Macon acknowledges that as the cable franchise has been NOW THEREFORE, the Performance Bond issued by Morris Broadband, LLC and International Fidelity Insurance Company in favor of the County of Macon, in the amount of $50,000.00, and bearing Bond No. 0512035 for the above indicated cable franchise, is hereby  granting oft the cable franchise for the County of Macon.  governed by state law since 2006, a performance bond is no longer required.  released.  COUNTY OF MACON: James Tate, Chairman,  Macon County Board of fCounty Commissioners  Derek Roland, Maçon County Manager and Clerk to the Board (Official Seal)    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - CONSENT AGENDA  MEETING DATE: April 13,2021  Item 12A. Minutes from the February 9, 2021 regular meeting are attached for your review and approval. The minutes from the February 26 special meeting are nearly complete and will be forwarded to you in a separate Item 12B. Budget Amendments #225-232 are attached for your review and Item 12C. Approval of tax releases in the amount of $1,990.24 for the Item 12D. Approval of COVID-19 vaccine administration billing updates and fees for the Macon County Health Department. The Macon County Board of Health has voted to approve this item, a copy of which is attached. (Carrie Pazcoguin, Finance Section Administrator, Public Health) 12E. Approval of the annual application to the Public School Building Capital Fund/North Carolina Education Lottery in the amount of $381,584.07. A copy oft the form is attached and it will need to be signed by Item 12E. A copy of the ad valorem tax collection report, which shows an overall 95.56 percent collection rate as of March 31, 2021. No action is  email. (Mike Decker)  approval. (Lori Carpenter)  month ofMarch 2021. (Teresa McDowell)  the chairman. (Lori Carpenter)  necessary.(Teresa McDowell)    MACON COUNTY BOARD OF COMMISSIONERS  FEBRUARY 9, 2021 MINUTES  Chairman Tate called the meeting to order at 6 p.m. Due to Gov. Roy Cooper's Executive Order limiting the number of people at a mass gathering to 10 due to COVID-19, physical participation at the meeting in the boardroom was limited. All Board Members, County Manager Derek Roland, Finance Director Lori Carpenter, Interim County Attorney Kim Carpenter and two members of the news media were present. Deputy Clerk Mike Decker watched the meeting via  computer livestream.  ANNOUNCEMENTS: There were no announcements.  MOMENT OF SILENCE: Prior to observing a moment of silence, Commissioner Beale remarked on the passing of Rich Bankston, a long-time member of the PLEDGE TO THE FLAG: Led by Commissioner Higdon, the pledge to the flag PUBLIC HEARING: Chairman Tate called the public hearing on the financing for Macon Middle School improvements and loan refinancings to order at 6:01 p.m. and recognized Lori Carpenter for comments. Lori Carpenter explained that the county was required to take public comment concerning a proposed financing contract, whereby, under a 20-year term, the county would borrow $10.5-million to pay the capital costs of proposed improvements to Macon Middle School, as well as approximately $11.3-million to refinance existing county loans. Following some brief questions from the board members, Chairman Tate pointed out that no one signed up to speak, and he closed the public hearing at 6:03 p.m. Lori Carpenter noted that action on an item in connection with the PUBLIC COMMENT PERIOD: James Burch, a part-time employee of the county, explained to the board that he worked at the county's recycling convenience centers, and had done sO for 15 years now. He told the board he was "not trying to go above" Macon County Solid Waste Director Chris Stahl, but stated that he would like to have 30 work hours per week, which would move him to "permanent" part-time status, which in turn would allow him to earn a  county's Board of Equalization and Review.  was recited.  hearing was scheduled for later on in the agenda.  Minutes 02.09.21 Page 1 of8    retirement benefit. He also said he would like to "buy back" his service time, and added he would like to see the center workers get a "longevity raise" every two years. There was some discussion about Mr. Stahl's plan to create lead workers at each of the centers, with Lori Carpenter noting that was approved in the current year budget. Commissioner Higdon said he had checked with the county's Human Resources Department, and learned that Mr. Burch, as a part- time employee, had not paid into the state Local Government Employees Retirement System, and therefore, there is no time to "buy back." The board members expressed their thanks to Mr. Burch for his service. Dr. Tracy Bogan told the board members that she "has a big problem in my neighborhood" where al horse, a small dog and a goat are "being abused." She said that she contacted Macon County Animal Control and was told the animals cannot be removed without due process. Believing that the animals could die due to the existing conditions they are living in, Dr. Bogan proposed a number of amendments to the county's animal control ordinance, and addressed some of them = including changes to several definitions - with the board. In closing, she told the board that the penalty for abuse and neglect should be that an individual can't adopt another animal for 10 years, and she also wanted to have those wishing to adopt an animal be required to pass a test on the content ofthe county's animal control  ordinance. She offered her assistance on revising the ordinance.  ADDITIONS, ADJUSTMENTS TO AND APPROVAL OF THE AGENDA: Upon ar motion by Commissioner Shields, seconded by Commissioner Young, the board voted unanimously to approve the agenda, as adjusted, as follows: To add a special presentation under Reports/Presentations at the request To add an additional item - consideration of a resolution regarding architectural services for expansion of the Macon County Transit facility  of Commissioner Beale.  to Item 11C under New Business, per Mr. Roland.  PRESENTATION TO "NO WRONG DOOR": Commissioner Beale recognized Sheila Jenkins, the executive director of No Wrong Door, and Dinah Mashburn, the chair of the No Wrong Door board of directors, and said the program was honored with one of 10 "Excellence in Innovation" awards from the Local Government Federal Credit Union (LGFCU) at the North Carolina Association of County Commissioners (NCACC) 2020 virtual conference. Commissioner Beale presented the award to Ms. Mashburn, and noted that she and Ms. Jenkins were instrumental in getting the program started and thati it has become "a go-to place for many Maconians." Ms. Jenkins thanked the board members for their INFORMATION TECHNOLOGY STRATEGIC PLAN STUDY PROPOSAL: Macon County Economic Development Director Tommy Jenkins presented a proposal  support.  Minutes 02.09.21 Page 2 of8    for an information technology feasibility study for the county. A copy of the proposed scope of work is attached (Attachment 1) and is hereby made a part of these minutes. The purpose of the study is to evaluate and assess the feasibility for locating Internet Technology (IT) operations in the county, and Mr. Jenkins said the study would. be performed by Tom Johnson with Sanford Holshouser Economic Development Consulting. Mr. Jenkins said the county has an "IT anchor" in Drake Software, adding that Drake would "love to see another IT company in town." He said the five-step feasibility study would seek to determine ifthe county is a "viable candidate" for relocating such companies, and he noted that the cost is $15,000. Following further discussion, and upon a motion by Commissioner Beale, seconded by Commissioner Shields, the board voted unanimously to fund the study, along with a budget amendment for $15,000 with the money to come from the Economic Development Reserve Fund. NIKWASI INITIATIVE UPDATE: Elaine Eisenbraun, the executive director of the Nikwasi Initiative, presented a PowerPoint presentation updating the board on the initiative, which serves to preserve, protect and promote the culture, heritage and history across the traditional homeland of Cherokee Indian society. During her presentation, she used a variation of the word Nikwasi, and her presentation was entitled Stewarding Nokwisi." Using aerial views of the location, she explained that plans for the area around the mound site in Franklin include a farm demonstration area, a Cherokee-themed restaurant and a learning center. She said Nokwisi was an agrarian community, and that the demonstration area would be planted with traditional Cherokee crops, and she provided a conceptual drawing of how the area could be developed. From an economic development standpoint, she said the concept looks to create cultural and culinary tourism, and that the creation of a cultural district falls in line with the Town of Franklin's comprehensive plan. Ms. Eisenbraun provided some statistics on the potential impact of the project. Her presentation also included information proposing a potential economic impact of more, than $3-million annually. As this is a public/private partnership, she told the board she anticipates the town and the county to "engage at a high level" and would be asking the board to "pony up some money when the time comes. She took questions from the board members, and Commissioner Beale said the Eastern Band of Cherokee Indians "will have to be a huge player in this." Following further discussion, including questions about what is buried inside the mound, no action was taken. A copy of the handout from Ms. Eisenbraun entitled "Lifeways Health & Heritage Center at Nokwisi Mound" is attached (Attachment RESOLUTION PROVIDING FINAL APPROVAL OF FINANCING TERMS AND DOCUMENTS FOR MACON MIDDLE SCHOOL IMPROVEMENTS AND LOAN FINANCINGS: Lori Carpenter presented a resolution providing final approval of financing terms and documents for the planned improvements to Macon Middle  2) and is hereby made a part of these minutes.  Minutes 02.09.21 Page 3 of8    School (MMS) as well as a number of county loan refinancings. The resolution also approves the sale oflimited obligation bonds and approves other documents associated with this project, and authorizes the chairman or county manager to execute those documents. Upon a motion by Commissioner Shields, seconded by Commissioner Beale, the board voted unanimously to approve the resolution, acopy of which is attached (Attachment 3) and is hereby made a part of these CONSIDERATION OF AWARD FOR MACON MIDDLE SCHOOL RENOVATIONS: Lori Carpenter explained that on February 2, county officials opened sealed bids for the Macon Middle School (MMS) renovation project, and that four bids were received. A copy of the bid tabulation is attached (Attachment 4) and is hereby made a part of these minutes. She noted that the expectation was that an amount ofa approximately $15.5-million would be needed to fund the project; however, once the bids were. opened, the amount needed will be closer to$10.5-million. Mr. Roland then explained that the four bids were very close, with New Atlantic submitting the lowest at $8,178,000. Following further discussion, Lori Carpenter informed the board that the motion should read as follows: "to award the Macon Middle School Renovations contract to New Atlantic Contracting, Inc. in the amount of $8,178,000 contingent upon Local Government Commission (LGC) approval and the successful closing of the financing. . She noted that the LGC approval is scheduled for March 2 with the closing of the financing set for March 25. Commissioner Shields made a motion to approve the statement as read by Lori Carpenter. Commissioner Young commented that the money could be better spent and likened the project to "putting a Band-Aid on it," adding he would like to see long-term plans for school capital mprovements. Commissioner Beale seconded the motion, and it was CONTRACT AGREEMENTS FOR MACON COUNTY TRANSIT: Macon County Transit Director Kim Angel requested board approval regarding two contract agreements. She explained that North Carolina Medicaid will be transitioning a portion of its beneficiaries to managed care on July 1, 2021. As part of that, transportation for those individuals moving over will then be managed by two private transportation broker companies under contract by the healthcare companies. She further explained that for Macon County Transit to be eligible to continue providing services for all of the county's ransportaton-cige Medicaid beneticiaries, the department must become part of the provider network managed by the two brokers - namely Modivcare Solutions, LCC and One Call - and bécoming part of the network requires a contract agreement between the provider (Transit) and the individual brokers. Ms. Angel pointed out that this has been a very long process some 20 months in the making, and that she and Interim County Attorney Kim Carpenter had been working with the brokers until late in the previous week to finalize the contract language and  minutes.  unanimously approved.  Minutes 02.09.21 Page 4 of8    rates. She said the part that affects Transit is non-cmergency medical transportation, and currently, Department of Social Services (DSS) staff calls Transit staff to arrange the transport, but after July 1 transportation will be managed by the brokers for beneficiaries that have transitioned to Medicaid Managed Care. She requested approval of the two contracts, and Commissioner Beale, following his comments on this process, made a motion to approve them as presented.. The motion was seconded by Commissioner Shields, and it was unanimously approved. Unexecuted copies of the agreements with Modivcare Solutions, LLC and One Call are. attached (Attachments 5 and 6, respectively) RESOLUTION REGARDING MACON COUNTY TRANSIT PROJECT: Following an explanation by Mr. Roland and some discussion, upon a motion by Commissioner Beale, seconded by Commissioner Young, the board voted unanimously to approve a "Resolution Exempting Architectural Services for Macon County Transit Facility Expansion in Macon County, North Carolina from the Provisions of Article 3D of Chapter 143 of the North Carolina General Statutes." The estimated professional architectural fee for the project is approximately $19,000, per Mr. Roland, well below the $50,000 threshold established by the statute. However, with this project, he advised the board that the action is contingent upon the county's ability to use this provision, and ifthe answer is "no," then county officials "will back up and punt and advertise," he explained. A copy of the resolution is attached (Attachment 7) and is hereby CONSIDERATION OF NEW SOCIAL WORK SUPERVISOR POSITION: Department of Social Services (DSS) Director Patrick Betancourt requested that the board approve a new position for a Social Work Supervisor at DSS. He explained that he job is at Grade 35 on the county's pay scale with a beginning annual salary of $50,058. He further explained that the department needs a ratio of 1:5 for a supervisor to employees, and with the two current supervisors those ratios are 1:6 and 1:9, and the supervisor with the 1:9 ratio is "setto retire" and the department needs to plan for that fact. As this is a cost-allocated position, Mr. Betancourt said DSS will receive about 40 percent of the salary revenue from the state. He said the new: hire will allow for the reorganization of the department's social work staff, with the work being increasingly complex" and direction from the state to have "more directed supervision." He told the board that, if approved, he would like to open the position effective immediately, and use lapsed salary funds from this year to support it. He then talked about recent vacancies in this division of his department and noted there are not as many qualified candidates, as COVID-19 has "hurt." Following further discussion, and upon a motion by Commissioner Beale, seconded by Commissioner Shields, the board voted unanimously to create the position as  and are hereby made a part of these minutes.  made a part of these minutes.  requested.  Minutes 02.09.21 Page 5 of8    CONSIDERATION OF AUDIT CONTRACT WITH MARTIN-STARNES & ASSOCIATES: Following a brief explanation from Lori Carpenter, and upon a motion by Commissioner Higdon, seconded by Commissioner Shields, the board voted unanimously to approve the annual audit contract with Martin-Starnes & Associates of Hickory, NC. Lori Carpenter noted that the cost, $67,800, was the same as the previous year. A copy oft the "Contract: to. Audit. Accounts". is attached RENEWAL OF LEASE AGREEMENT WITH HUDSON LIBRARY: Mr. Roland and Kim Carpenter told the board that the renewal of a lease agreement between the county and the Hudson Library in Highlands was ready for consideration, and that all parties, including the Fontana Regional Library system, have had the opportunity to review it. Mr. Roland noted that the county's maintenance obligations are the same, and Commissioner Beale comments on planned renovations to the facility. Upon a motion by Commissioner Young, seconded by Commissioner Beale, the board voted unanimously to approve the lease agreement as presented, an unexecuted copy of which is attached (Attachment VOLUNTARY SHARED LEAVE PROGRAM POLICY AMENDMENT: Mr. Roland shared with the board a proposed amendment to the county's Voluntary Shared Leave Program policy. He noted that the purpose of the policy is to permit the voluntary sharing of vacation or sick leave among county employees for the benefit of employees who have or will soon exhaust all of their earned leave due to a serious or prolonged medical condition. Currently, an immediate family member working for the county may donate annual or sick leave to another immediate family member, while a non-family member may donate only annual leave to another employee. Mr. Roland said the proposal is to allow an employee to donate annual or sick leave to another employee, removing the "immediate family member" provision. After noting the liability and exposure to the county in making such a move, Mr. Roland told the board, "I think it's the right thing to do," as he said some county employees are currently dealing with "some unimaginable circumstances." Commissioner Higdon asked some questions abouth how the policy works, and Mr. Roland responded and noted that the policy "kind of polices itself," and that if the amendment creates a problem, "we can come back and address that." Commissioner Higdon raised the question of an overall "sick leave bank," and Mr. Roland and Lori Carpenter further explained the process, with Lori Carpenter pointing out that the policy helps active employees assist others in "getting a person from paycheck to paycheck." Commissioner Beale expressed his concerns over the county's former shared leave policy, which he said led to some employees being intimidated into providing leave time or made to feel guilty if they did not, but Mr. Roland noted that the current process is "very private." Following further discussion, and upon  (Attachment 8) and is hereby made a part of these minutes.  9) and is hereby made a part of these minutes.  Minutes 02.09.21 Page 6 of8    a motion by Commissioner Young, seconded by Commissioner Higdon, the board voted unanimously to approve the policy amendment as presented. MACON COUNTY COVID-19 EMERGENCY PAID SICK LEAVE: Mr. Roland reminded the board members that the Families First Coronavirus Relief Act (FFCRA) expired on December 31, 2020, and with it came an end to the federally- mandated Emergency Paid Sick Leave (EPSL) for county employees. Nonetheless, since then, Mr. Roland noted that there are county employees, particularly new ones, who are out due to COVIDO-19 and have little or no accrued sick leave to cover the absences. Meanwhile, there are some county employees who did not have to use the 80 hours of EPSL in 2020, but need that time now. He proposed that the county offer 80 hours of county-paid EPSL, accompanied by proper documentation, with a timeframe that is retroactive to January 1, 2021 and going through September 30, 2021. Mr. Roland described this as a "stopgap measure" and noted that all county employees would have 80 hours of EPSL available, regardless if they used any or all ofthe 80 hours under the FFCRA during 2020. Emergency Services Director Warren Cabe pointed out that the COVID-19 vaccine cannot currently be offered to everyone, and if you test positive, are symptomatic or have potentially been exposed, you cannot come to work. Mr. Cabe also suggested that after the nine-month period, employees would essentially be "on their own" and would have to use personal leave time to cover absences. This was followed by additional discussion regarding the details and implications of the program and involved Mr. Cabe, Lori Carpenter, Sheriff Robert Holland and the board members. Commissioner Beale made a motion to approve Mr. Roland's request for county-paid EPSL as discussed, and Mr. Shields seconded the motion. During discussion, Chairman Tate pointed out that this puts him and some of the other board members in a "precarious position, as he noted that he cannot offer this to the employées in his personal business, and knowing that, does he vote for the county to do it. Commissioner Young expressed similar concerns. Commissioner Beale stated that if someone. at Beale Construction comes down with it, sO be it, but when someone calls 911, "somebody's got to go. That's how: Ijustify it." Following additional comments from Sheriff Holland that outlined various scenarios where emergency personnel must respond, the board voted unanimously to approve the motion, with county CONSENT AGENDA: Upon a motion by Commissioner Higdon, seconded by Commissioner Shields, the board voted unanimously to approve the consent agenda as presented, which includes: (A) the December 15, 2020 special meeting and the January 12, 2021 regular meeting; (B) budget amendment #150 for Senior Services to allocate $667 in additional funds for SHIPP revenue; #151 for the Sheriff's Department to allocate $7,394 from an insurance settlement for vehicle repairs; #152 for the Sheriff's Department to allocate $1,069 from an insurance settlement for vehicle repairs ; #153 for the Housing Department to  staff to work out the details of administering the program.  Minutes 02.09.21 Page 7 of8    allocate $2,271 in LIHEAP WAP COVID related revenue; #154 for the Housing Department to appropriate $26,000 in additional Weatherization HARRP funds; #155 for the Housing Department to appropriate $135,388 in additional funding for Weatherization DOE 2021; #156 for the Health Department to allocate $5,000 for animal control donations from a grant from the Petco Foundation; #157 for the Health Department to allocate $51,987 for new COVID-19 funding; #158 for the Health Department to allocate $19,276 in new funding for COVID-18 vaccine activities and #159 for Emergency Management Services to allocate $824 from an insurance settlement for vehicle repairs (copies of the amendments are attached); (C) tax releases for the month of January, 2021 in the amount of $613.08; (D) an excise tax refund in the amount of $9,000 to Freedom Lots, LLC; (E) additions to the Macon County Health Department fee plan regarding the cost ofCOVID-19 vaccine administration as approved by the Macon County Board of Health on January 26, 2021; and (F) received the monthly ad valorem tax collections report for the month of January, 2021, which shows an overall collection rate of93.78 percent for the current fiscal year and for which no action APPOINTMENTS: Library Board: Per a recommendation from Macon County Librarian Karen Wallace, and upon a motion by Commissioner Beale, seconded by Commissioner Higdon, the board voted unanimously to reappoint Ed Trask to the Macon County Library Board of Trustees as a representative of the CLOSED SESSION: At 8:04 p.m., upon a motion by Commissioner Beale, seconded by Commissioner Young, the board voted unanimously to go into closed session for the purpose of preserving the attorney/client privilege under NCGS 143-318.11(a)3. At 8:54 p.m., upon a motion by Commissioner Beale, seconded by Commissioner Higdon, the board voted unanimously to come out of ADJOURN: With no other business, at 8:55 p.m., upon a motion by Commissioner Higdon, seconded by Commissioner Young, the board voted  was necessary.  Nantahala Community. Term of appointment is for three years.  closed session and return to open session. No action was taken.  unanimously to adjourn.  Derek Roland  Jim Tate Board Chairman  Ex Officio Clerk to the Board  Minutes 02.09.21 Page 8 of8    MACON COUNTY BUDGET AMENDMENT  AMENDMENT #225 DEPARTMENT: HEALTH EXPLANATION:  Agreement Addendums from the State reduced the budget by $801.00.  Need to decrease total Budget from $87,772 to $86,971 in expenditures and revenue.  ACCOUNT 115125-558901 113511-426001  DESCRIPTION Travel Tobacco Settlement  INCREASE  DECREASE  801 801  REQUESTED BY DEPARTMENTHEAD. huacla  RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER ACTION BY BOARDOF COMMISSIONERS APPROVED AND ENTERED ON MINUTES DATED  dlene Ciper  413a1 moting  CLERK    MACONO COUNTYBUDGET AMENDMENT  Date:  3/29/2021  AMENDMENTL26 DEPARTMENT: HEALTH  Receiving new funding for Covid-19 per AA: 543 revision 2.  ACCOUNT 113511-445716 115113-550001 115113-569502 115113-556011 115113-559202 115113-555106 115113-559700 115113-556803  DESCRIPTION ELC Enhancing Detection Activities Salary Capital Equipment Operating Supplies Telephone Contracted Services Non-Capital Advertising  INCREASE $ 287,190.00 $ 45,000.00 $ 61,000.00 $ 47,190.00 $ 1,500.00 $ 110,000.00 $ 20,000.00 $ 2,500.00  DECREASE  REQUESTED BY DEPARTMENT HEAD Kzmokie  RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER  dluuhps  ACTION BY BOARD OF COMMISSIONERS 43lal mthng  APPROVED AND ENTERED ON MINUTES DATED  CLERK    MACON COUNTYBUPGET. AMENDMENT  Date:  3/29/2021  AMENDMENT! #327 DEPARTMENT: HEALTH  Receiving new funding for Covid-19 per AA 7161 revision 1.  ACCOUNT 113511-445719 115117-569502 115117-556005 115117-556011 115117-556803 115117-556502 115117-555106  DESCRIPTION Capital Computer Supplies Operating Supplies Advertising Gasoline Contracted Services  INCREASE $ 131,660.00 $ 75,000.00 $ 15,000.00 $ 20,000.00 $ 6,000.00 $ 1,500.00 $ 14,160.00  DECREASE  716CDC COVID-19 Vaccine Revenue  REQUESTED BY DEPARTMENTI HEAD Lublbie  RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER  RuDapasto  ACTION BY BOARDOF COMMISSIONERS 413a1 meebing  APPROVEDAND ENTERED ON MINUTES DATED  CLERK    MACONCOUNTY BUDGET AMENDMENT  Date:  3/10/2021  AMENDMENTE828 DEPARTMENT: HEALTH  FY21 Budget was developed prior to receiving the Agreement Addendum (415) for Breast Feeding Peer Counselor program. The AA provides $15,000 in total funding but only $10,186 was built into the budget initially.  ACCOUNT 113511-438022 115165-556011  DESCRIPTION BFPC Revenue BFPC Operating  INCREASE $ 4,814.00 $ 4,814.00  DECREASE  REQUESTED BY DEPARTMENT HEAD  bumehhis  RECOMMENDED BY FINANCE OFFICER Melups  APPROVED BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS APPROVED AND ENTERED ON MINUTES DATED  4i3/201 mechrg  CLERK    MACON COUNTY BUDGET AMENDMENT AMENDMENT # 229 FROM: FINANCE DEPARTMENT: TRANSIT EXPLANATION: ACCOUNT 113570-445720 114935-550002 114935-550201 114935-556502 114935-556503  Additional State funds for Vaccine Transportation  DESCRIPTION CORONAVIRUS RELIEF SALARY - PT MEDICARE GAS/FUEL OIL/LUBE VEH REP & MAINT  INCREASE DECREASE $ 19,680.00 $ 5,000.00 $ 383.00 $ 4,297.00 $ 10,000.00  Kine mgel  REQUESTED BY DEPARTMENT HEAD:  RECOMMENDED BY FINANCE OFFICER: bealpb  APPROVED BY COUNTY MANAGER:  ACTION BY BOARD OF COMMISSIONERS. WHizk21 mebry  APPROVED: AND ENTERED ON MUNIS DATED:  CLERK:    MACON COUNTY BUDGET AMENDMENT AMENDMENT #_ 330 FROM: FINANCE DEPARTMENT: TRANSIT  EXPLANATION: Add ADTAP revenue from NCDOT for CARES expenses  ACCOUNT 113570-445715 114935-561102  DESCRIPTION CARES ACT NCDOT 20.509 CARES ACT  INCREASE DECREASE $ 36,176.00 $ 36,176.00  Kum ngel llapt  REQUESTED BY DEPARTMENT HEAD: RECOMMENDED BY FINANCE OFFICER: APPROVED BY COUNTY MANAGER:  ACTION BY BOARD OF COMMISSIONERS: 43ki moehns  APPROVED AND ENTERED ON MUNIS DATED:  CLERK:    MACONCOUNTY BUDGET AMENDMENT AMENDMENT; #831 FROM: RobertLHolland DEPARTMENT: ACCOUNT 1I-3839-4850-00 1I-4310-5565-03  Sheriff DESCRIPTION Insurance Settlement Vehicle Repairs  EXPLANATION: Insurance Settlement Gabe Bingham  INCREASE $1,798.00 $1,798.00  DECREASE  REQUESTED BY DEPARTMENT HEAD Sl  RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER  unCapat  ACTION BY BOARD OF COMMISSIONERS 4lla1 methrs  APPROVED AND ENTERED ON MINUTES DATED  CLERK    MACON COUNTY BUDGET AMENDMENT AMENDMENT; #232 FROM: M. CHRIS STAHL DEPARTMENT: SOLID WASTE  EXPLANATION: MOVINGI MONEY FOR INSURANCE SETTLEMENT  ACCOUNT 604726556605 60 3839 485000  DESCRIPTION  INCREASE 5263.00 5263.00  DECREASE  EQUIPMENT MAINTENANCE INSURANCE SETTLEMENT  REQUESTED BY DEPARTMENTHEAD, Phr ShI/c RECOMMENDED BY FINANCE OFFICER Balipe  APPROVEDI BY COUNTY MANAGER  ACTION BY BOARDOF COMMISSIONERS HgARL APPROVED AND ENTERED ON MINUTES DATED  CLERK    888 888 688 g A8 8    6    The following excerpt is a summary of information provided by NCDHHS to NC Public Health Agencies as billing and coding  reference for Covid-19 Vaccine administration.  Coding (CPTe) code set COVID-19). reported (e.g. administering the electronic record." Pfizer-BioNTech Vaccine 19) vaccine, intramuscular use. coronavirus 2 30r mcg/0.3mL coronavirus 2 30r mcg/0.3mL  "The American Medical Association (AMA) published an update to the Current Procedural Terminology that includes new vaccine-specific codes to report immunizations for the novel coronavirus (SARS-CoV-2, This level of specificity offers the ability to track each vaccine dose, even. when the vaccine product is not when the vaccine may be given to the patient fort free). These CPT codes report the actual work of vaccine, in addition to all necessary counseling provided to patients or caregivers and updating the  91300: Severe acute respiratory syndrome coronavirus 2 SARS-COV2/CgonaVns disease [COVID- mRNA-LNP, spike protein, preservative free, 30 mcg/0.3mL dosage, diluent reconstituted, for 0001A: Immunization: administration: byi intramuscular injection of severe acute respiratory syndrome (SARS-CoV-2) (Coronavirus disease [COVID-19]) vaccine, mRNA-LNP, spike protein, preservative free, 0002A: Immunization administration by intramuscular injection of severe acute respiratory syndrome (SARS-CoV-2) (Coronavirus disease [COVID-19]) vaccine, mRNA-LNP, spike protein, preservative free,  dosage, diluent reconstituted; first dose.  dosage, diluent reconstituted; second dose. Moderna COVID-19 Vaccine  91301: Severe acute respiratory syndrome coronavirus 2 SARS-Cov-2) (Coronavirus disease [COVID- mRNA-LNP, spike protein, preservative free, 100 mcg/0.5mL dosage, fori intramuscular use. 0011A: mmunization administration by intramuscular injection ofs severe acute respiratory syndrome (SARS-CoV-2) (Coronavirus disease [COVID-19)) vaccine, mRNA-LNP, spike protein, preservative free, 0012A: Immunization administration by intramuscular injection of severe acute respiratory syndrome (SARS-CoV-2) (Coronavirus disease [COVID-191) vaccine, MRNA-LNP, spike. protein, preservative free,  19]) vaccine, coronavirus 2 100n mcg/0.5mL dosage; first dose. coronavirus: 2 100 mcg/0.5mL dosage; second dose. Janssen COVID-19 Vaccine 19]) vaccine, DNA, fori intramuscular use. coronavirus 2 vector,  91303: Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) (coronavirus disease [COVID- spike protein, adenovirus type 26 (Ad26) vector, preservative free, 5x1010 viral particles/0.5mL dosage, 0031A: Immunization administration by intramuscular injection of severe acute respiratory syndrome (SARS-CoV-2) (coronavirus disease [COVID-19]) vaccine, DNA, spike protein, adenovirus type 26 (Ad26)  preservative free, 5x1010 viral particles/0.5mL dosage, single dose.    Macon County Public Health's Fee Plan needs to be updated according to the information provided by  NCDHHS as follows: Fee CPT (updated) 913000  Name/Description  $0.00 Pfizer-BioNTech' Vaccine: Severe acute respiratory: syndrome coronavirus 2( (SARS-CoV-2) (Coronavirus disease! (COVID-19]) vaccine, mRNA-LNP, spike protein, preservative free, 30r mcg/0.3 3mL dosage, diluentr reconstituted, fori intramuscular use. Pfizer: Immunization: administration byi intramusculari injection ofs severe acute respiratory: syndrome coronavirus2  0001A $ 27.00 GARSCOV2/Coronawns disease [COVID-19)) vaccine, mRNA-LNP, spike protein, preservative free, 30mcg/0.3ml  dosage, diluent reconstituted; first dose.  Pfizer: Immunization: administration byi intramuscular injection ofs severe acute repiratorysyndrome coronavirus2  0002A $ 39.00 SARS-CoV-2) (Coronavirus disease! [COVID-1 19]) vaccine, mRNA-LNP,: spike protein, preservative free, 30r mcg/0.3ml  dosage, diluentr reconstituted; second dose.  91301  $0.00 Moderna COVID-191 Vaccine: Severe acute respiratorys syndrome coronavirus2 (SARS-CoV-2) (Coronavirus disease [COVID-19)) vaccine, MRNA- LNP, spike protein, preservative free, 100r mcg/0.5ml dosage, fori intramuscular use. Moderna: Immunization. administration byi intramuscular injection ofs severe acute respiratory syndrome coronavirus2 Moderna: Immunization: administration byi intramuscular injection ofs severe acuter respiratory syndrome coronavirus2 Janssen COVID-19Varcine (Johnson and. Johnson): Severe acute respiratory: syndrome coronavirus 2( (SARS-CoV-2) (coronavirus $0.00 disease [COVID-19]) vaccine, DNA, spike protein, adenovirus type 26 (Ad26) vector, preservative free, 5x1010v viral particles/0.5mL Janssen (Johnson and Johnson): Immunization. administration byi intramuscular injection ofs severe acuter respiratorys syndrome  0011A $ 27.00 SARSCOV2/Coronavrus: disease [COVID-1 19])vaccine, MRNA-LNP, spike protein, preservative free, 100 mcg/0.5ml 0012A $ 39.00 SARSCOV2/Coronavinus: disease [COVID-19]) vaccine, MRNA-LNP, spikep protein, preservative free, 100r mcg/0.5ml  dosage; first dose. dosage; second dose. dosage, fori intramuscular use.  91303  0031A $ 39.00 coronavirus: 2 (SARS-CoV-2) (coronavirus disease (COVID- 19]) vaccine, DNA, spikep protein, adenovirus type 26( (Ad26) vector,  preservative free, 5x1010viral particles/0.5mL dosage, single dose.  **These fees need to be retroactive as of 12/31/2020.    APPLICATION  Approved: Date:  PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY  County: MACON LEA: 560  Contact Person: LORI M. CARPENTER  Title: Phone:  FINANCE DIRECTOR 828-349-2027  Address: 5WMAIN: ST, FRANKLIN, NC 28734 Project Title: 2020-2021 DEBT SERVICE Type of Facility: SCHOOL FACILITY  Location:  VARIOUS  North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds oft the North Carolina State Lottery Fund be transferred to the Public School Building Capital Fund in accordance with G.S. 115C-546.2. Further, G.S. 115C-546.2 (d) has been amended toi include the following: (4)Acounty may use monies ini this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects. (5) A county may not use monies in this Fund to pay for school technology needs. As used in this section, "Public School Buildings" shall include only facilities fori individual schools that are used for instructional and related purposes, and does noti include central administration, maintenance, or other facilities. Applications must be submitted within one year following the  (3) No county shall have to provide matching funds...  date of final payment to the Contractor or Vendor. Short description of Construction Project:  Estimated Costs: Purchase of Land Planning and Design Services New Construction Additions /Renovations Repair Debt Payment/B Bond Payment  $  381,584.07 381,584.07  TOTAL  $  Estimated Project Beginning Date: days following completion oft the project. project, and request release of$_ parameters ofG.S. 115C-546.  Est. Project Completion Date:  We, the undersigned, agree tos submit a statement of state monies expended for this project within 60 The County Commissioners and the Board of Education do hereby jointly request approval of the above Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the  381,584.07  from the Public School  (Signature - Chair, County Commissioners) (Signature = Chair, Board of Education)  (Date) (Date)  Form Date: July01,2011    RUN DATE: 4/1/20211 12:45PM  COLLECTIONS! MONTHLY TOTALS REPORT Macon County Year ToD Date March 20211 Tax) Year 2020 Macon county Advalorem Tax Collections Report Yeat Tol Date March 2021T8x Yoar 3020  TAXYEAR 20201 Month Tol Date March 2021 Tax Year2020 Added Releases Relungs Wite offs Adusted Lot  Montht top Date Beginnine Goneral Tax Firo Districis Landfil UserFoe TOTAL:  Ly toss AdoinstotNve MS, 1,732.23 -76.37 312.08 -9.88 0.00 -216.00 2,044.31 -302.25 Ly 0.00 29,251,347.10 -15,178.65 0.00 4,032,613.94 -2,037.21 0.00 2,920,631.00 -2,700.00 0.00 36,204,592.04 -19,915.86  LOSN 0.00 0.00  Equal  Loss Payments  Outstanding Batance  Balance 1,246,764.46 190,494.38 203,150.54 1,640,409.38 Balance  0.00 -19.91 1,248,400.41 521,978.86 726,421.55 -3.89 190,792.69 -78,820.16 111,972.53 -6.47 202,928.07 -73,215.43 129,712.64 0.00 -30.27 1,642,121.17 -674,014.45 968,106.72  TAXYEAR 2020Yearto! Datel March? 2021TexYesr 2020 Added Relmasss Refunds watos om Adualed Ley  ThisYear Lastieat Ouistanding Percentago Gplegton CoHoCLS Balance Tax) rf? 2020 Tax) Patgontago Yoa 2010 ASD13312921.  Yest to Date Beginning Gonoral Tax Firo Districis Landil UsorFee TOTAL:  Los Adminatrative tass  Less  Equas  Loss Paymants  0.00 -1178.29 29,234,990.16 28,015,661.51 1,219,328.65 95.83% As91331029 96.37 0.00 -178.39 4,030,398.34 -3,843,265.54 187,132.80 95.36% 0.00 -14.17 2,917,916.83 -2,717,717.83 200,199.00 93.14% 0.00 -1370.85 36,183,305.33 34,576,644.88 1,606,660.45 95.56%  96.04 94.02 96.17  Page 1of1    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - APPOINTMENTS  MEETING DATE: March 9, 2021  13A.  Economic Development Commission (EDC): Per Economic  Development Director Tommy Jenkins, the Franklin Town Council has voted to appoint Mike Lewis to replace Barbara McRae as the town's  representative on the EDC.