WHlacon Counly  CON COUN 35 m Bay  MACON COUNTY BOARD OF COMMISSIONERS  SEPTEMBER 8, 2020 AGENDA  1. Call to order and welcome by Chairman Tate  2. Announcements 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. eports/Presentations  (A) NC Green Power Grant/Mountain View Intermediate School = Jennifer Love, Macon County Schools STEM Coordinator (B) Update on services offered through the Crawford Senior Center Patrick Betancourt, Director, Department of Social Services and Jennifer Hollifield, Administrative Officer II at Senior (C)Teem Hollow Update - Chester Jones, County Attorney  Services  10.Old Business  (A) Offer to purchase property located at 11099 Buck Creek Road in Highlands, NC - Chester Jones, County Attorney  11.New Business  (A) Proposed revisions to Telecommunication Tower Ordinance = Chester Jones, County Attorney and Joe Allen, Planning, (B) Alternative Jury Site - Chester Jones, County Attorney  Permitting and Development  MACON COUNTYO COURTHOUSE ANNEX PHONE 828-349-2000  5WEST MAIN STREET  FRANKLIN,  NORTH FAX: CAROLINA28734 828-349-2400    (C) Discussion regarding National Guard Armory being used as a virtual learning site for Macon County Schools = Commissioner  Shields  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  Commissioners. (A) Minutes (tabled) (B) Budget Amendments #56-63  (C)Tax Releases in the amount of $11,375.19 for August 2020 (D)Revised Non-Emergency Transportation Services Contract with Mountain Area Transport and Security (includes not to exceed (E)M Monthly ad valorem tax collection report - no action necessary  amount)  3.Appointments 14.Closed session 5.Aqjourn/Recess  (A) Board of Health - multiple seats    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - REPORIS/PRESENTATIONS  MEETING DATE: SEPTEMBER 8, 2020  9A. Jennifer Love, the STEM (Science, Technology, Engineering and Mathematics) Coordinator for Macon County Schools, will present information regarding a North Carolina GreenPower grant that could be used for a potential solar education project at Mountain View Intermediate 9B. Patrick Betancourt, the Director of the Department of Social Services, and Jennifer Hollifield, the Administrative Officer II for Senior Services, will present an update on the services offered through the Crawford Senior Center during the COVID-19 pandemic. A statistical comparison between 2019 and 2020 regarding the number of congregate/drive through meals as well as the number ofhome delivered meals is included in this packet. 9C. Tommy Jenkins, the county's Economic Development Director, and Mr. Roland will update the board on the county's broadband Request for 9D. Mr. Jones will provide the board with an update on the situation in Teem Hollow stemming from public comments made at the board's August  School.  Proposal (RFP) process.  regular meeting.    Congregate/Drive Thru Meals  Month January February March April May June July August Total  2019 864 831 944 884 937 881 957 1,019 7,317  2020 1,042 974 1,072*COVID-19 1,604 3,155* weekend 3,180 3,942 3,527 18,496  Change +178 (20.60%) +143 (17.21%) +128 (13.56%) +720 (81.45%) +2,218(236.719) +2,299( (260.95%) +2,985(311.9196) +2,508 (246.12%) +11,179 (152.78%)  Home Delivered Meals  Month January February March April May June July August Total  2019 1,384 1,351 1,532* BCBS start 1,594 1,626 1,503 1,600 1,582 12,172  2020 1,589 1,460 1,631* COVID-19 1,511 2,094 *weekend 2,043 2,118 1,799 14,245  Change +205 (14.81%) +109 (8.075%) +99( (6.461%) -83 (-5.20%) +468 (28.78%) +540(35.939) +518 (32.38%) +217 (13.72%) +2,073 (17.03%)    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - OLD BUSINESS  MEETING DATE: September 8, 2020  10A. Included in this packet is a copy ofa an "Agreement for Purchase and Sale of Real Property" prepared by Mr. Jones for property located at 11099 Buck Creek Road in Highlands. Mr. Jones can provide additional details at  the meeting.    AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY  CERTIFICATE OF FINANCE OFFICER:  Thisi instrument. has been pre-audited in the manner required byt thel Local Government Budget and Fiscal  Control Act.  This the  day of  2020.  Macon County Finance Officer  THIS AGREEMENT, including any and all addenda attached hereto ("Agreement"), is by and between Macon County, a North Carolina County and Body Politic ("Buyer"), andt the Estate of Ernestine Z. Reed, c/o. Joseph) M. Collins, Collins & Hensley, P.A.,217 FOR. ANDI IN CONSIDERATION OF THEI MUTUALPROMISES SETI FORTHI HEREIN AND OTHER GOOD. AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES Section 1. Terms and Definitions: The terms listed below shall have the respective meaning given them as set forth adjacent to each  Iotla Street, Franklin, NC28734("Seller"). HERETOAGREE ASFOLLOWS:  term.  (a) Property": (Address): 11099 Buck Creek Road, Highlands, North Carolina. Being all of the same lands, privileges, easements and appurtenances described in the Deed dated September 22, 1962, from Lyman Zachary and wife, Dora Zachary to Eldon W. Reed and wife, Ernestine Z. Reed, recorded in Book W-6, at Page 262, in the MI Ift this boxi is checked, "Property" shall include that personal property described on Exhibit A attached hereto and (Fori information purposes: (i) the tax parcel number ofthel Property is 7541624853; and, (ir) all oft thel Property, consisting ofis described in Deed Book W-6, at, Pagel No.: 262, Maçon County, North Carolina.)  Office ofthe Register of Deeds for Macon County, North Carolina.  incorporated! herewith by reference,  together with alll buildings andi improvements thereon including the Mobile Home presently situated upon thes same and all fixtures and  appurtenances thereto. $78,300.00 500.00  (b) "Purchase Price" shall mean the sum of Sixty Thousand Dollars, payable on thej following terms: () "Earnest Money" shall mean Five Hundred Dollars or terms as follows: NA  Upon this Agreement becoming a Contract in accordançe with Section 14, the Earnest Money shall be promptly deposited in Escrow with the Trust Account ofCollins andl Hensley, P.A., to be applied as part of the purchase of the Property at Closing, or disbursed as agreed upon under the provisions of Section 10 0 ANY EARNESTI MONEY DEPOSITED BYI BUYER IN A' TRUST ACCOUNTMAYBE PLACED IN. AN INTEREST BEARING TRUST ACCOUNT, AND: (check only ONE box) a ANY INTEREST EARNED THEREON SHALL BE APPLIED AS PART PAYMENTOFTHE PURCHASE PRICE OF THE PROPERTY ATCLOSING, OR DISBURSED AS AGREED UPON UNDER THE PROVISIONS OF SECTION 10 HEREIN. (Buyer'sTaxpayer Identification Number  herein.  isN/A)  Pagelof9  Buyer Initials  Seller Initials  Form 580-T Revised 07/2013    0 ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT (ii) Proceeds of a new loan in the amount of N/A Dollars for at term ofN/A years, with an amortization period not to exceed N/A years, at an interest rate not to exceed N/A% per annum with mortgage loan discount points not to exceed N/A% oft the loan amount, or such other terms as may be set forth on Exhibit (iii) Delivery ofa promissory note secured by a deed oftrust, said promissory note in the amount OfN/A Dollars being payable over a term of N/A years, with an amortization period of N/A years, payable in monthly installments of principal, together with accrued interest on the outstanding principal balance at the rate ofN/A percent (N/A%) per annum in the amount of SN/A, with the first principal payment beginning on thei first day of the month next succeeding the date ofClosing, or such other terms as may be set forth on Exhibit B. At any time, the promissory note may be prepaid in whole or in part without penalty and without further interest ont the amounts prepaid from the date of such prepayment. (NOTE: In the event of Buyer's subsequent default upon a promissory note and deed of trust given hereunder, Seller's remedies may be limited to foreclosure of the Property. If the deed of trust given hereunder is subordinated to senior financing, the material terms ofs such financing must be set forth on Exhibit B. Ifsuch senior financing is subsequently foreclosed, the Seller may have no remedy to recover under (iv) Assumption of that unpaid obligation of Seller secured by a deed of trust on the Property, such obligationl having an outstanding principal balance of $N/A and evidenced by a note bearing interest at the rate of N/A percent (N/A%) per annum, and a current payment amount of $N/A. The obligations of Buyer under this Agreement are conditioned upon Buyer being able to assume the existing loan described above. If such assumption requires the lender's approval, Buyer agrees to use its best efforts to secure such approval and to advise Seller immediately upon receipt of the lender's decision. Approval must be granted on or before N/A. On or before this date, Buyer has the right to terminate this Agreement for failure to be able to assume the loan described above by delivering to Seller written notice of termination by the above date, time being of the essence. If Buyer delivers such notice, this Agreement shall be null and void and Earnest Money shall be refunded to Buyer. IfBuyer fails to deliver such notice, then Buyer will be deemed tol have waived the loan condition. Unless provided otherwise in Section 31 hereof, Buyer shall pay all fees and costs associated with any such assumption, including any assumption fee charged by the lender, At or before Closing, Seller shall assign to Buyer all interest of Seller in any current reserves or escrows held by the lender, any property management company and/or Seller, including but not limited to any tenant improvement reserves, leasing commission reserves, security deposits and operating or capital reserves for (v) Cash, balance of Purchase Price, at Closing in the amount of Seventy Seven Thousand, Eight (c) "Closing" shall mean the date and time of recording of the deed. Closing shall occur Upon 10 days notice from Buyer to Seller, and such date to be seleçted by Buyer, within its discretion, shall be at least by October 30, (d) "Contract Date" means the date this Agreement has been fullye executed by both Buyer and Seller. (e) "Examination Period" shall mean the period beginning on the first day after the Contract Date and extending through 11:59pm (based upon time at thel locale ofthe Property) to October 6,2020. TIME IS OFTHE. ESSENCE. AS1 TO THE EXAMINATION, PERIOD. () "Broker(s)" shall mean: N/A("Listing Agency"), N/AI Listing Agent" - License #NA) Acting as: D Seller'sA Agent; a Dual. Agent andNA ("Selling Agency"), NA( ("Selling Agent"- License N/A)  AND RECORDS ASSOCIATED THEREWITH.  $ N/A  B.E Buyer shall pay all costs associated with any such loan.  $ N/A  the note.)  $ N/A  which Seller shall be credited said amounts at Closing.  $77,800.00  Hundred Dollars.  2020.  Page 2 of9  Buyer Initials  Seller Initials  Form 580-T Revised 07/2013    Acting as: a Buyer's Agent;  Seller's(Sub)Agent;  Dual Agent  (g) "Seller's Notice Address" shall be as follows: Estate of Emestine Z. Reed, clo Joseph M. Collins, Collins & Hensley, P.A.,2171 Iotla Street, Franklin, NC 28734, except as same may be changed pursuant to Section 12. (h) "Buyer's Notice Address" shall be as follows: Macon County! Manager, Macon County Courthouse Annex Building, 5 West Main St., Franklin, NC28734 except as same may be changed pursuant to Section 12. () If this block is marked, additional terms and conditions of this Agreement are: set forth on Exhibit B attached hereto andi incorporated: herein by reference. (Note: Under North Carolina law, real estate agents are not  E  permitted to draft conditions or contingencies to this Agreement.)  Section 2. Sale of Property and Payment of Purchase Price: Seller agrees to sell and Buyer agrees to buy the Property for the Section 3. Proration of Expenses and Payment of Costs: Seller and Buyer agree that all property taxes (on a calendar year basis), leases, rents, mortgage payments and utilities or any other assumed liabilities as detailed on attached Exhibit B, if any, shall be 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, and other conveyance fees or taxes Buyer shall pay recording costs, costs of any title search, title insurance, survey, the cost of any inspections or investigations  Purchase Price.  required by! law, and the following: N/A.  undertaken by Buyer under this Agreement: andt the following: N/A.  Each party shall payi its own attorney'sf fees.  Section 4. Deliveries: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Contract Date copies ofall information relating to the Property in possession of or available to Seller, including but not limited to: title insurance policies (and copies of any documents referenced therein), surveys, soil test reports, environmental surveys or reports, site plans, civil drawings, building plans, maintenance records 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 titlei insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attomeys; 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 4 (or Section 7, ifapplicable), if any, and shall, upon Seller's request, provide to Seller copies of (subject to the ownership and copyright interests of the preparer thereof) any and all studies, reports, surveys and other information relating directly to the Property prepared by or at the request of Buyer, its employees and agents, and shall deliver to Seller, upon the release of the Earnest Money, copies of all of the foregoing without any warranty or Section 5. Evidence of Title: Seller agrees to convey fee simple marketable and insurable title to the Property without exception for mechanics' liens, free and clear ofall liens, encumbrances and defects oft title other than: (a) zoning ordinances affecting the Property, (b)_Leases (if applicable) and (c) matters of record existing at the Contract Date that are not objected to by Buyer prior to the end of the Examination Period ("Permitted Exceptions"); provided that Seller shall be required to satisfy, at or prior to Closing, any encumbrances that may be satisfied by the payment of a fixed sum of money, such as deeds of trust, mortgages or statutory liens. Seller shall not enter into or reçord any instrument that affects the Property (or any personal property listed on Exhibit A) after the Contract Date without the prior written consent of Buyer, which consent shall not be unreasonably withheld, conditioned or delayed. Section 6. Conditions: This Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly (a) New Loan: The Buyer must be able to obtain the loan, ifany, referenced in Section 1(b)(i). Buyer must be able to obtain a firm commitment for this loan on or before N/A, effective through the date of Closing. Buyer agrees to use its best efforts to secure such commitment and to advise Seller immediately upon receipt of lender's decision. On or before the above date, Buyer has the right to terminate this Agreement for failure to obtain the loan referenced in Section 1(b)(i) by delivering to Seller written notice  representation by Buyer as to the contents, accuracy or correctness thereof.  conditioned upon fulfillment (or waiver byl Buyer, whether explicit ori implied) oft the following conditions:  Page 3of9  Buyer Initials  Seller Initials  Form 580-T Revised 07/2013    oft termination by the above date, time being of the essence. If Buyer delivers such notice, this Agreement shall be null and void and Earnest Money shall be refunded to Buyer. If Buyer fails to deliver such notice, then Buyer will be deemed to have waived the loan condition. Notwithstanding the foregoing, after the above date, Seller may request in writing from Buyer a copy of the commitment letter. If Buyer fails to provide Seller a copy of the commitment letter within five (5) days of receipt of Seller's request, then Seller may terminate this Agreement by written notice to Buyer at any time thereafter, provided Seller has not then (b) Qualification for Financing: If Buyer is to assume any indebtedness in connection with payment oft the Purchase Price, Buyer agrees to use its best efforts to qualify for the assumption. Should Buyer fail to qualify, Buyer shall notify Seller in writing immediately upon lender's decision, whereupon this Agreement shall terminate, and Buyer shall receive a return of Earnest (c) Title Examination: After the Contract Date, Buyer shall, at Buyer's expense, cause a title examination to be made of thel Property before the end of the Examination Period. In the event that such title examination shall show that Seller's title is not fee simple marketable and insurable, subject only to. Permitted Exceptions, then Buyer shall promptly notify Seller in writing of all such title defects and exceptions, in no case later than the end of thel Examination Period, and Seller shall have thirty (30) days to cure said noticed defects. If Seller does not cure the defects or objections within thirty (30) days of notice thereof, then Buyer may terminate this Agreement and receive a return of Earnest Money (notwithstanding that thel Examination Period: may have expired). IfE Buyer 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 bei insurable atr regular rates, subject only to standard exceptions and] Permitted! Exceptions. (d) Same Condition: Ifthe Property is not in substantially the same condition at Closing as of the date oft the offer, reasonable wear and tear excepted, then the Buyer may (i) terminate this Agreement and receive ai return of the Earnest Money or (ii) proceed to Closing whereupon Buyer shall be entitled to receive, in addition to the Property, any of the Seller's insurance proceeds payable (e) Inspections: Buyer, its agents or representatives, at Buyer's expense and at reasonable 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 byl Buyer's entry and on-site inspections ands shall conduct same in a manner that does not unreasonably interfere with Seller's or any tenant's use and enjoyment of the Property. In that respect, Buyer shall make reasonable efforts to undertake onsite inspections outside of thel hours any tenant's business is open to the public and shall give prior notice to any tenants ofany entry onto any tenant's portion of the Property for the purpose of conducting inspections. Upon Seller's request, Buyer shall provide to Seller evidence of general liability insurance. Buyer shall also have a right to review and inspect all contracts or other agreements affecting or related directly to thel Property ands shall be entitled to review such books and records of Seller that relate directly to the operation and maintenance of the Property, provided, however, that Buyer shall not disclose any information regarding this Property (or any tenant therein) unless required by law and the same shall be regarded as confidential, to any person, except to its attorneys, accountants, lenders and other professional advisors, in which case Buyer shall obtain their agreement to maintain such confidentiality. Buyer assumes all responsibility for the acts ofi itself, its agents or representatives in exercising its rights under this Section 6(e) and agrees to indemnify and hold Seller harmless from any damages resulting therefrom. This indemnification obligation of Buyer shall survive the Closing or earlier termination of this Agreement. Buyer shall, at Buyer's expense, promptly repair any damage to the Property caused by Buyer's entry and on-site inspections. Except as provided in Section 6(c) above, Buyer shall have from the Contract Date through the end of the Examination Period to perform the above inspections, examinations and testing. IF BUYER CHOOSES NOT TO PURCHASE THE PROPERTY, FOR ANY REASON OR NO REASON, AND PROVIDES WRITTEN NOTICE TO SELLER THEREOF PRIOR TO THE EXPIRATION OF THE EXAMINATION PERIOD, THENTHIS. AGREEMENT SHALL TERMINATE, AND SELLER  received a copy ofthec commitment letter, and] Buyer shall receive a return of Earnest Money.  Money.  on account oft the damage or destruction applicable tot the Property.  SHALL RECEIVETHE EARNESTMONEY. Section 7. Leases (Check one oft the following, as applicable):  E If this box is checked, Seller affirmatively represents and warrants that there are no Leases (as hereinafter defined) affecting the D Ift this box is checked, Seller discloses that there are one or more leases affecting the Property (oral or written, recorded or not- -  Property.  "Leases")and the following provisions are hereby made a part of this Agreement.  Page 40 of9  Buyer. Initials  Seller Initials  Form 580-TI Revised 07/2013    (a) A list ofalll Leases shall be set forth on Exhibit B;  (b) Seller shall deliver copies ofany Leases tol Buyer pursuant to Section 4 asi ifthel Leases werel listed therein;  (c) Seller represents and warrants that as of the Contract Date there are no current defaults (or any existing situation which, with the passage of time, or the giving of notice, or both, or at the election of either landlord or tenant could constitute a default) either by Seller, as landlord, or by any tenant under any Lease ("Lease Default"). In the event there is anyl Lease Default as of the Contract Date, Seller agrees to provide Buyer with a detailed description of the situation in accordance with Section 4. Seller agrees not to commit al Lease Default as Landlord after the Contract Date, and agrees further to notify Buyer immediately in the event a Lease Default arises or is claimed, asserted or threatened to be asserted by either Seller or a tenant under the (d) In addition to the conditions provided in Section 6 of this Agreement, this Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly conditioned upon the assignment of Seller's interest in any Lease to Buyer in form and content acceptable to Buyer (with tenant's written consent and acknowledgement, if required under the Lease), and Seller agrees to use its best efforts to effect such assignment. Any assignment required under this Section 7 shall be required to be delivered at or before Closing by Seller in addition to those deliveries required under Section 11 oft this (e) Seller agrees to deliver an assignment of any Lease at or before Closing, with any security deposits held by Seller under any Leases to be transferred or credited to Buyer at or before Closing. Seller also agrees to execute and deliver (and work diligently to obtain any tenant signatures necessary for same) any estoppel certificates ands subordination, nondisturbance and Section 8. Environmental: Seller represents and warrants that it has no actual knowledge of the presence or disposal, except as in accordance with applicable law, within the buildings or on the Property of 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 CFRI Part 172.101) or by the Environmental 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 applicable local, state or federal law, including, without limitation, any material, waste or substance whichi is () petroleum, (i) asbestos, (in) polychlorinated biphenyls, (iv) designated as a FIazardous Substance pursuant to Section 311 oft the Clean Water Act of1977 (33 U.S.C. $1321) or listed pursuant to Section 307 oft the Clean Water Act of 1977 (33U.S.C. $1317), (v) defined as a hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. $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. $9601). Seller has no actual knowledge of any contamination of the Property from such substances as may Section 9. Risk of Loss/Damage/Repair: Until Closing, the risk of loss or damage to the Property, except as otherwise provided herein, shall be bore by Seller. Except as to maintaining thel Property ini its same condition, Seller shall have no responsibility for the Section 10. Earnest Money Disbursement: In the event of breach of this Agreement by Seller, then the Earnest Money shall be returned to Buyer, but such return shall not affect any other remedies available to Buyer for such breach. In the event that Buyer breaches this Agreement, then the Earnest shall be forfeited, but such forfeiture shall not affect any other remedies available for such breach. In the absence of any breach by the Seller or fault of the Seller, and in the event that Buyer chooses not to purchase the property, for any reason or no reason, and provides written notice to the Seller thereof prior to the expiration of the "Examination Period" provided for in this Agreement, then this Agreement shall terminate and the Earnest Money paid by Buyer shall be paid over unto the Seller and such Earnest Money shall be free and clear of the Claims of the Buyer. NOTE: In the event ofa dispute between Seller and Buyer over the return or forfeiture of Earnest Money held in escrow by a licensed real estate broker, the broker is required by state law to retain said Earnest Money in its trust or escrow account until it has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction, or alternatively, the party holding the Earnest Money may deposit the disputed monies with the appropriate clerk of courti in accordance with the provisions of N.C.G.S. Section 11. Closing: At or before Closing, Seller shall deliver tol Buyer a general warranty deed unless otherwise specified on Exhibit B: and other documents customarily executed or delivered by a seller in similar transactions, including without limitation, al bill ofsale and certificate of title for any personalty listed on Exhibit A, an owner's affidavit, lien waiver forms (and such other lien related  Lease.  Agreement.  attornment agreements in such form as Buyer may reasonably request.  have been disposed ofors stored on neighboring tracts.  repair ofthel Property, including any improvements, unless the parties hereto agree in writing.  $93A-12.  Page5of9  Buyer Initials  Seller Initials  Form 580-T Revised 07/2013    documentation as shall permit the Property to be conveyed free and clear of any claim for mechanics' liens) and a non-foreign status affidavit (pursuant to thel Foreign Investment in Real Property" Tax Act), and] Buyer shall pay to Seller the Purchase Price. At Closing, the Earnest Money shall be applied as part of the Purchase Price. The Closing shall be conducted by Buyer's attorney or handled in such other manner as the parties hereto may mutually agree in writing. Possession shall be delivered at Closing, unless otherwise agreed herein. The Purchase Price and other funds to be disbursed pursuant to this Agreement shall not be disbursed until Closing has Section 12. Notices: Unless otherwise provided herein, all notices and other communications which may be or are required tol be given or made by any party to the other in connection herewith shall be in writing and shall be deemed to have been properly given and received on the date delivered inj person or deposited in the United States mail, registered or certified, return receipt requested, to the addresses set out in Section 1(g) as to Seller and in Section 1(h) as to Buyer, or at such other addresses as specified by written notice Section 13. Entire Agreement: 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. The invalidity of one or more provisions of this Agreement shall not affect the validity of any other provisions hereof and this Agreement shall be construed and Section 14. Enforceability: This Agreement shall become a contract when signed by both Buyer and Seller and such signing is communicated to both parties; it being expressly agreed that the notice described in Section 12 is not required for effective communication: for the purposes oft this Section 14. Thej parties acknowledge and agree that: () the initials lines at the bottom of each page of this Agreement are merely evidence oft their having reviewed the terms of each page, and (ii) the complete execution of such initials lines shall not be a condition of the effectiveness of this Agreement. This Agreement shall be binding upon and inure to the  taken place.  delivered in accordance herewith.  enforced as ifs such invalid provisions were noti included.  benefit ofthe parties, their! heirs, successors and assigns and their personal representatives.  Section 15. Adverse Information and Compliance with Laws:  (a) Seller Knowledge: Seller has no actual knowledge of () condemnation(s) affecting or contemplated with respect to the Property; (ii) actions, suits or proceedings pending or threatened against the Property; (ii) changes contemplated in any applicable laws, ordinances or restrictions affecting the Property; or (iv) governmental special assessments, either pending or confirmed, for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and noj pending or confirmed owners' association special assessments, except as follows (Insert "None" or the identification of any matters relating to () through (iv) above, if any): Note: For purposes of this Agreement, a "confirmed" special assessment is defined as an assessment that has been approved by a governmental agency or an owners' association for the purpose(s) stated, whether or not it is fully payable at time of closing. A "pending" special assessment is defined as an assessment that is under formal consideration by a governing body. Seller shall pay all owners' association assessments and all governmental assessments confirmed as of the date of Closing, if any, and Buyer shall take (b) Compliance: To Seller's actual knowledge, (): Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to or affecting the Property; (ii) performance of the Agreement will not result in the breach of, constitute any default under or result in the imposition of 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)t there are no legal actions, suits or other legal or administrative proceedings pending or threatened against the Property, and Seller is not aware of any facts which might result in Section 16. Survival of Representations and Warranties: All representations, warranties, covenants and agreements made by the parties hereto shall survivet the Closing and delivery oft the deed. Seller shall, at or within six (6) months after the Closing, and without further consideration, execute, acknowledge and deliver to Buyer such other documents andi instruments, and take such other action as Buyer may reasonably request or as may be necessary to more effectively transfer to Buyer the Property described herein in Section 17. Applicable Law: This Agreement shall be construed under the laws of the state in which the Property is located. This  NA.  titles subject to all pending assessments disclosed by Seller herein, ifany. Seller represents that the regular owners' association dues, ifany, are SN/Ap per N/A.  any such action, suit or other proceeding.  accordance with this Agreement.  forml has only been approved for use inl North Carolina.  Section 18. Assignment: This Agreement is freely assignable unless otherwise expressly provided on) Exhibit B.  Page6of9  Buyer Initials  Seller Initials  Form 580-TI Revised 07/2013    Section 19. Tax-Deferred Exchange: In the event Buyer or Seller desires to effect a tax-deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non-exchanging party shall not assume any additional liability with respect to such tax-deferred exchange. Seller and Buyer shall execute such additional Section 20. Memorandum of Contract: Upon request by either party, the parties hereto shall execute a memorandum of contract in recordable form setting forth such 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 thel Property is released from any effect thereby as ofa specific date to be stated in the memorandum (which specific date shall be no later than the date of Closing). Section 21. 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 of the Section 22. Brokers: Except as expressly provided herein, Buyer and Seller agree to indemnify and hold each other harmless from any and all claims of brokers, consultants or real estate agents by, through or under the indemnifying party for fees or commissions arising out of the sale oft thel Property tol Buyer. Buyer and Seller represent and warrant to each other that: (i) except as to the Brokers designated under Section 1(f) oft this Agreement, they have not employed nor engaged any brokers, consultants or real estate agents to be involved in this transaction and (ii) that the compensation of the Brokers is established by and shall be governed by separate Section 23. Attorneys Fees: Ifl legal proceedings are instituted to enforce any provision oft this Agreement, the prevailing party in the proceeding shall be entitled to recover from the non-prevailing party reasonable attorneys fees and court costs incurred in connection - EIFSSYNTHETIC STUCCO: Ift the adjacent box is checked, Seller discloses that the Property has been clad previously (either in whole or in part) with an "exterior insulating and finishing system" commonly known as "EIFS" or "synthetic stucco". Seller makes no representations or warranties regarding such system and Buyer is advised to make its own independent determinations with  documents, at no cost to the non-exchanging party, ass shall be required to give effect tot this provision.  The cost ofrecording such memorandum ofcontract shall be borne by thej party requesting execution ofsame.  party for whom! he or she signs andt that his or hers signature binds such party.  agreements entered into as amongst thel Brokers, thel Buyer and/or the Seller.  with the proceeding.  respect to conditions related to or occasioned by the existence ofsuch materials at thel Property.  BUYER: Business Entity Macon County By: Name: James Tate Title: Chairman ofthel Board Date:  SELLERS: Individuals Estate of Ernestine Z. Reed  By: Name: Title: Date:  The undersigned hereby acknowledges receipt of the Earnest Money set forth herein and agrees to hold said Earnest Money in  accordance with the terms hereof.  N/A (Name ofEscrow Agent)  Date:  By: Page 7of9  Buyer Initials  Seller Initials  Form. 580-T Revised 07/2013    Exhibit A 6 Personal. Property "  The Mobile Home presently located upon the "Property" described hereinabove. The same shall be sold as a part of this contract and delivered by Bill of Sale and Certificate of Title and with no liens whatsoever against  the same.  Page 80 of9  Buyer Initials  Seller Initials  Form 580-TI Revised 07/2013    EXHIBITI BTO AGREEMENTTOPURCHASE AND SALE OF REAL PROPERTY  ADDITIONAL TERMS AND CONDITIONS:  1.  Macon County intends to use the real property to be purchased under the terms of this Agreement for Purchase and Sale of Real Property for recreational fields and any other governmental purposes and there must be no zoning, restrictive covenants, other provisions, barriers or other conditions upon said property that would prevent Buyer from using the property subject to this Agreement for Purchase and 2. Seller shall allow full access to the Buyer and Buyer's Agents during the Examination Period provided for in this Agreement for Purchase and Sale of Real Property to the real property which is subject to this Agreement for Purchase and Sale of Real Property to conduct all inspections, surveys assessments, 3. This Agreement is expressly conditioned upon Seller being able to properly secure any and all required Court approvals of the sale of this property from the Courts sO as to be able to deliver good and marketable fee simple title to the "Property" and said Mobile Home to Buyer at closing by at least Seller shall deliver title said Property and Mobile Home to Buyer free and clear of any and all liens, 5. That unless sooner revoked by Buyer, the Offer to Purchase the Property contained herein shall be open for acceptance by the Seller through and including September 22, 2020, and thereafter shall be deemed 6. All prior agreements between the parties hereto concerning the subject matter of this Agreement for Purchase and Sale of Real Property are hereby cancelled and shall be ofno further effect except that the earnest moneyheretofore delivered by Buyer shall be the Earnest Money under this Agreement.  Sale ofReal Property for the same.  studies and evaluations which Buyer and its agents desire to conduct.  October 30, 2020.  4.  including but not limited tol liens for Medicaid.  revoked.  Page 9of9  Buyer Initials  Seller Initials  Form 580-T Revised 07/2013    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - NEW BUSINESS  MEETING DATE: September 8, 2020  11A.  Mr. Jones, along with Joe Allen from the county's Planning,  Permitting and Development (PP&D) Department, will present proposed revisions to the county's Telecommunication Tower Ordinance. 11B. Mr. Jones will also present information on an "alternative jury site." 11C. Commissioner Shields has requested time on the agenda to have a discussion regarding the use of the former National Guard Armory as a  virtual learning site for Macon County Schools.    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - CONSENT AGENDA  MEETING DATE: September 8, 2020  Item 12A.  Consideration of minutes from the July and August regular  meetings will need to be tabled, due to the amount of work time spent on COVID-19 issues, particularly Emergency Paid Sick Leave and Emergency Family Medical Leave Act (EFMLA) leave requests. (Mike Decker) Item 12B. Budget Amendments #56-63 are attached for your review and Item 12C. Tax releases in the amount of $11,375.19 for the month of August. A detail copy of those releases is attached for your review and Item 12D. A revised Non-Emergency Transportation Services Contract with Mountain Area Transport and Security which now includes a "not to exceed" amount of $65,000 during the term oft the agreement. A copy ofthe Item 12E. A copy of the ad valorem tax collections report for the month of July. The report shows a collection rate of 30.82 percent as of August 31,  approval. (Lori Carpenter)  approval. (Teresa McDowell)  document is included in the packet. (Derek Roland)  2020. No action is required on this item. (Teresa McDowell)    MACON COUNTYBUDSETAMENDMENT AMENDMENTE 56 FROM: LindsayLeopard  DEPARTMENT: State,Federal, and Treasury Forfeiture Funds EXPLANATION: Appropriationoffundi Balancei into FY20-21  ACCOUNT 223000-499100 224000-559700  DESCRIPTION Federal Forfeiture Funds Fund Balance Appropriated Non-Capital Equipment State Forfeiture Funds Fund Balance Appropriated Non-Capital Equipment Treasury Forfeiture Funds Fund Balance Appropriated Non-Capital Equipment  INCREASE $1,109.00 $1,109.00  DECREASE  223001-499100 224001-559700  $12,141.00 $12,141.00  223004-499100 224004-559700  $700.00 $700.00  REQUESTEDE BYDEPARIMENTHEAD, RECOMMENDEDBYEINANCEOFFIKCER APPBOVEDI BY/COUNTZMANAGER,  a  ACTION BY BOARDO OF COMMISSIONERS 9/g/2020 mntebny  APROXDAMDEAIEAEDON MINUTESDATED  CLERK    MACON COUNTY BUDGET AMENDMENT  August 7,2020  AMENDMENT! 52 FROM: FINANCE DEPARTMENT: EXPLANATION: 11-3560-4388-03 1I-5300-5566-07 11-5300-5589-01 11-5300-5592-02 11-5300-556603 11-5300-5566-05  SOCIAL SERVICES Additional allocation DESCRIPTION TANF CONTRACT SERVICES TRAVEL TELEPHONE  INCREASE $158,176 $138,176 $10,000 $5,000 $2,000  DECREASE  BLDG/PROPERTY IMPROVEMENT $ 3,000 EQUIPMENTI MAINTENANCE  REQUESTED BY DEPARTMENTHEAD RECOMMENDED BY FINANCEOFFICER, APPROVEDBY COUNTY MANAGER  ACTION BY BOARDOF COMMISSIONERS 9/a/n0a0 APPROVED AND ENTEREDONI MINUTES DATED  mechng  CLERK    MACON COUNTY BUDGET. AMENDMENT AMENDMENT! # 58 FROM: FINANCE DEPARTMENT: EXPLANATION: 1I-5831-5675-26 1-583-5175.24 SHIPP 11-3840-4179-00 11-5836-5683-01  August 12,2020  SOCIAL SERVICES Grant carry forward from FY 19-20 DESCRIPTION SHIPP FUND BALANCE BCBS MEALS  INCREASE $1 1,266 $2,165 10,080 $5,649 $1,000  DECREASE  11-5831- 575055 DOMATEONS GIFTS  REQUESTED BY DEPARTMENT HEAD RECOMMENDED BY FINANCEOFFICER APPROVED BY COUNTY MANAGER  S -  ACTION BY BOARD OF COMMISSIONERS 9/s/oao omefy  APPROVED AND ENTERED ON MINUTES DATED  CLERK    MACON COUNTY BUPGETAMENDMENT  AMENDMENTI54 DEPARTMENT: HEALTH EXPLANATION:  Ayaoral  Agreement Addendum for FY21 includes monies that are budgeted to pay  for June 2020 expenses. Need to decrease total Budget for FY21 from $197,956 to $191,682 inr revenue and expenditures. This decrease will cover the expenses for June 2020.  ACCOUNT 115153-565031 113511-426007  DESCRIPTION  INCREASE  DECREASE  Minority Diabetes Prevention Grant Minority Diabetes Prevention Grant  6,274 6,274  REQUESTED BY DEPARTMENT HEAD faadke owBla  RECOMMENDED BY FINANCE OFFICER bumlts  APPROVED BY COUNTY MANAGER  ACTION BY BOARDOF COMMISSIONERS ge/a020 wecbng  APPROVED AND ENTEREDONI MINUTES DATED  CLERK    MACON COUNTYBUDGEI AMENDMENT AMENDMENT# TOD DEPARTMENT 113344 EXPLANATION EMPG FUNDING  ACCOUNT  DESCRIPTION  INCREASE $ 12,696.00 $ 12,696.00  DECREASE  113344 435511 EMERGENCY MANAGEMENT GRANT 114377 550001 FIRE TASK FORCE SALARIES  REQUESTED BY DEPARTMENT HEAD RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS APPROVED & ENTERED ON MINUTES DATED  Pp  9R/20R0  meny  CLERK    MACON COUNTY, BUDGETA AMENDMENT AMENDMENT HaL DEPARTMENT: HEALTH  Date:  8/28/2020  Appropriate new funding int the amount of $238,283 for Covid-19 response per AA 539,543, and 544  ACCOUNT  DESCRIPTION  INCREASE $ 24,799.00 $ 85,260.00  DECREASE  COVID-19 CARES ACTIVITIES (REVENUE) IPC REGIONAL TEAMS (REVENUE)  ELC ENHANCING DETECTION. ACTIVITIES (REVENUE) $ 128,224.00  REQUESTED BY DEPARIMENTIEAD Kathy McGaha  RECOMMENDED BY FINANCEOFFICER dhuhpat  APPROVEDI BY COUNTY MANAGER  ACTION BYI BOARD OF COMMISSIONERS algontday  APPROVED. AND ENTERED ON MNUTESDATED  CLERK    MACONCOUNTYBUDGET, AMENDMENT AMENDMENT! DEPARTMENT EXPLANATION ACCOUNT  ba Sheriff  Town of Franklin- No Wrong Door donation  DESCRIPTION  INCREASE  DECREASE 20,000 20,000  113850 445200/SPECIAL GIFTS & GRANTS 114310] 55510OPROFESSIONALI FEES  REQUESTED BY DEPARTMENT HEAD Robbie! Holland RECOMMENDEDI BY FINANCE OFFICER APPROVED BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS APPROVED: &E ENTERED ON MINUTESDATED  TRLIp 9/8/a020 mecbrg  CLERK    MACON COUNTY BUDGET AMENDMENT AMENDMENTH 103 FROM: FINANCE DEPARTMENT: TRANSIT CARES Act Revenue  EXPLANATION: Adjust revenues for potential shortfalls due to COVID19 and add  ACCOUNT 11 -3570-435101- 11 -3570-435102- 11 -3570-435103- 11 -3570-435110- 11 -3570-435111- 11 -3570-435112- 11 -3570-435113- 11 -3570-435117- 11 -3570-435122- 11 -3570-435126- 11 -3570-441000- 11 -3570-441001- 11 -3570-445715-  DESCRIPTION NCDOT-WORKFRSTT/EMPLOYMENT NCDOT-RGP RGP-CLIENT CO-PAY DEPARTMENT OF SOCIALS SERVICES MACON CITIZENS FOR HANDICAPPED TITLE III-HCCBG (AGING) EDTAP-MEDICAL TRANSPORTATION HCCBG- CLIENT CONTRIBUTION BRITTHAVEN OF FRANKLIN 5310 ELDERLY/DISABLED: GRANT EDTAP-CLIENT CONTRIBUTION TRANSIT FEES CARES ACT PROVIDER RELIEF  INCREASE DECREASE  $ 10,000.00 $ 65,000.00 $ 31,000.00 $ 3,000.00 $ 63,000.00 $ 2,300.00 $ 21,500.00 $ 38,607.00 $ 35,000.00 $ 17,697.00  $ 14,000.00 $ 1,893.00  $2 271,211.00  ine Rngel  REQUESTED BY DEPARTMENT HEAD:  RECOMMENDED BY FINANCE OFFICER: Benehpto  APPROVED BY COUNTY MANAGER:  ACTION BY BOARD OF COMMISSIONERS 9g/po2mbny  APPROVED AND ENTERED ON MUNIS DATED:  CLERK:    3 R  & 0 o  R 0  A &  A  &  & 0  R 0  o 60 88 de 88  88 o  o 88 o  88 o 88 o 88 00 o 0o o 00  o o  o o  de 08 o 88 e e o 88 o o o  00 e 88 o 88 o 08  o  De B a  o 0 o m a  o  IRIPI  N  88  88  88  - a  -  -    8 A 8 a 8 e o  &  & 00  R  &  &  R 00 o o  R 8  888 o 888 e 88 d0 88 e 88 o 00 o 88 do 88 o 88  00 o 00 o  o  C o  88 e o o  o 0 o 0  88 00 88 8 08 8 0 o o o  331 .  3 191 1  :    * *    3 A R 8 8 0 o o  R 00 o  & 0  &  & 0  & 8 00 8  o 88 o 88 d0 88 de 888 00 88 d0 888  00 0  00 e 00 o 8 8 888 e  o  o o  o 6 de  o  o  60  s  9THS  8  :  : :    0 o  N    3 A & 8 8 %8  %  A  R  A 0 d0 o  00e 0 00 o  888 00  888 8 88 o o d0 000 o 00 o  00  888 o 888 e 888 8 888 do 88 8 88 8  00 o  o  o 0o o 000 o  o  o  o  o  r 4  ES  :    & 0  R 0 -  50  888 088 o o o o  00 de 000  888 8 88 8 8888  8888 o  o o o o 000 o 00 o 000 o 0000 o  g  o        STATE OF NORTH CAROLINA COUNTY OF MACON  NON-EMERGENCY IRANSPORTATION SERVICES CONTRACT  THIS TRANSPORTATION SERVICES CONTRACT, made and entered into this Transport and Security (hereinafter referred to as "Provider") and Macon County a North  day of  20 by and between ABT Secure Solutions, LLC dba Mountain Area  Carolina County and a body politic, (hereinafter referred to as "Client"). emergency transportation services in the State ofNorth Carolina; and services under the terms and conditions set forth herein.  WHEREAS, Client desires to enter into a contract with Provider to provide non- WHEREAS, Provider agrees to provide Client such non-emergency transportation NOW THEREFORE, in consideration of the mutual covenants and agreements herein made, the sufficiency of which is herelyacknowledge4, the parties hereto agree as follows:  TERMS AND CONDITIONS  1.  Definitions. exhibits hereto.  a) "Contract" shall mean this Transportation Services Contract, including all b) "Participant" shall mean an individual receiving non-emergency transportation services by Provider as determined and requested by Client. "LME/MCO" shall mean the local management entity-managed care  organization which includes Macon County, NC.  2. Scope of Services. Provider shall provide non-emergency transportation services toP Participants upon the request of Client, as set forth in Exhibit A. 3. Rates. Client shall be charged by Provider at the rates as set forth in Exhibit B, attached hereto and incorporated herein. Provider shall not be responsible for additional costs that are incurred during transportation ofa Participant that are not set forth in Exhibit B, including but not limited to medical emergencies. Provider shall invoice Client for all trips within sixty (60) days of performance. Invoices shall be paid by Client within thirty (30) days of receipt thereof. Term. Unless terminated sooner as provided in this Contract, the term of this Contract shall be from the date hereofuntil and including June 30, 2020. Termination. The Client may terminate this Contract for any reason and without cause or penalty at any time upon thirty (30) days prior written notice to the other parties. Notice shall be served under this contract by registered mail, certified mail or by other means. Notwithstanding, if at any time Provider's license and/or  4. 5.  -1-    certification is revoked, this Agreement shall terminate immediately. In the event the Contract is terminated, Client shall pay Provider the outstanding amount for work performed in accordance with the terms of this Contract through the Provider may terminate the contract for any reason and without cause or penalty upon written notice to Client. Notice shall be served by registered mail, certified Insurance. Provider agrees to keep and maintain for the duration oft this Contract, including but not limited to commercial general liability, automobile liability, as isr necessary to provide coverage for losses and liabilities arising out of the acts and/or omissions of Provider in the performance of this Contract. Insurance coverages shall be in the amounts that are acceptable to Client, the minimum of  effective date of termination.  mail, or by other means.  6.  which shall not be less than the following: a. Automobile liability insurance:  i) Vehicles with a capacity of more than 10 seats: $1,000,000.00 combined single limit coverage per occurrence; and ii) Vehicles with a capacity of up to 10 seats: $ 1,000,000.00 combined single limit coverage per occurrence.  b. Commercial General Liability: not less than $1,000,000.00  This is a material term to this contract the breach of which will entitle the Client to terminate this Contract immediately and without penalty. Provider shall furnish Client with certificates ofinsurance for each type ofi insurance described herein, with Client named as an additional insured on all coverages. In the event of cancellation, substantial changes or nonrenewal, Provider shall give Client at least thirty (30) days prior written notice, and cause insurance carrier to notify Client in advance of 7. Indemnification. Provider agrees to indemnify and hold harmless Client and its respective officers, employees and agents from and against any and all claims, losses, damages, liabilities, costs, expenses (including reasonable attorney's fees),judgments, or obligations (collectively, "Claims"), arising from or in connection with Provider's negligent acts/omissions or willful misconduct, including those of its officials, To the extent allowed by North Carolina law, Client agrees to indemnify and hold harmless Provider and its respective officers, employees and agents from and against any and all claims, losses, damages, liabilities, costs, expenses (including reasonable attorney's fees). judgments, or obligations (collectively, "Claims"), arising from or in connection with Client's negligent acts/omissions or willful misconduct, including those ofits officials, officers, or employees in the performance of this Contract.  cancellation or termination of coverage.  officers, or employees in the performance oft this Contract.  -2-    8. Immunity from Liability. The provisions of N.C. Gen. Stat. $$122C-210.1 and 122C-  251 shall apply. 9. Provider's Responsibilities.  a, Provider shall be fully licensed and/or certified as may be required by state, federal or local laws and regulations in order to provide non-emergency b. Provider and its drivers shall comply with all state, federal or local laws, or ordinances, codes, rules or regulations governing performance of this Contract, including but not limited to all North Carolina laws pertaining to transportation of Provider shall provide all drivers, attendants, vehicles and equipment necessary for the performance of this Contract. Provider will be responsible for the assignment, control, supervision and compensation of its drivers and attendants and insure that each complies with all North Carolina laws pertaining to transportation of a respondent under involuntary commitment proceedings. d. Provider shall select drivers based on the criteria set forth in Provider's Standard Operating Procedure, which includes but is not limited to, background checks and Provider and its drivers shall participate in the training for persons designated to provide transportation and custody as set forth in the County's adopted involuntary commitment transportation agreement; as amended, and/or the LME/MCO's community crisis services plan, as required N.C. Gen. Stat. 122C- Provider and its drivers shall safely transport Participants in accordance with federal and state law, Provider's Standard Operating Procedure, Client's involuntary commitment transportation agreement and the LME/MCO's g. Provider shall abide by the accident procedure standards set forth in Provider's h. Provider shall ensure that all ofi its drivers and attendants are at all times properly licensed for the vehicle he/she is operating, qualified and fit for duty to provide Provider shall provide vehicles which are to be used in the performance of this Contract which meet federal and state operating and maintenance standards for Provider shall not divulge any confidential information of Participants obtained by Client without the written consent of Client or except as required by a court of law or state or federal law. Provider shall take all necessary steps to safeguard the confidentiality of such information in conformance with federal and state statutes  transportation services under this Contract.  are respondent under involuntary commitment proceedings.  testing for controlled substances.  202.2(a)(3).  community crisis services plan. Standard Operating Procedure.  services at the time services are provided.  the vehicle.  and regulations.  -3-    k. Provider agrees to comply with the Health Insurance Portability and Accountability Act ("HIPAA" and HITECH"), when and if applicable, during Provider agrees to maintain all fiscal records relating to this Contract in a manner soas to clearly document Provider's performance. Provider shall retain and keep accessible all the fiscal and other records for a minimum of three (3) years following final payment and termination of this Agreement, or until the conclusion of any controversy related to this Agreement, whichever is later. m. To the extent feasible, Provider shall cause its drivers to dress inj plain clothes and n. To the extent possible, Provider shall cause its drivers to advise respondents in involuntary commitment proceedings when taking them into custody that they are not under arrest and have not committed a crime, but are being taken into custody and transported to receive treatment and for their own safety and that of others. . Provider, in providing transportation of a respondent in an involuntary commitment proceeding, shall provide a driver who is the same sex as the  the performance oft this Contract.  travel in unmarked vehicles.  respondent. 10. Client's] Responsibilities.  a. Client shall provide Provider a copy of the involuntary commitment transportation agreement, as adopted by the County, and the LME/MCO community crisis services plan, in accordance with N.C. Gen. Stat. 122C-251. Client shall ensure Provider is designated as an entity to provide all or parts of the custody and transportation required underN.C. Gen. Stat. 122C-3etseq. b. Client shall determine and verify Participant's eligibility prior to scheduling or submitting non-emergency transportation requests to Provider. C. Client shall schedule reservations and/or submit daily reservation requests to Provider via telephone or email which complies with HIPPA and HITECH. d. Client shall comply with all federal, state or local laws or ordinances, codes, rules or regulations governing the performance oft this Contract. e. Client shall provide Provider with all information needed for transportation of Participant, including but not limited to, time and location of pick-up, location of drop-off, identification of Participant, and known medical information of . Client shall not request transportation serviçes by Provider for Participants deemed violent and/or require restraint during transportation. Client shall not request transportation services by Provider that require overnight housing of Client agrees to provide Provider advance notice of at least 30 Minutes prior  Participant which may affect Participant while in transport.  Participant.  toar requested pick up time of a Participant.  -4-    h. Client shall provide Provider with all necessary paperwork and/or documents Client shall fill out an inventory form of any items transported with  necessary for the transportation oft the individual.  Participant.  11. Entire Agreement. This Contract contains the entire agreement between the parties. 12. Severability, Should any provision or provisions contained in this Contract be declared by a court of competent jurisdiction to be void, unenforceable or illegal, such provision or provisions shall be severable and the remaining provisions hereof 13. Governing Law. This Contract is entered into in North Carolina and shall be 14. Assignability. This Contract is not assignable by either party without the prior 15. Amendments. This Contract may be amended with the consent of both parties, in 16. Notices. Any notices required pursuant to the terms of this Contract shall be sent by registered mail, certified mail, or hand-delivery to the principal place of business of  shall remain in full force and effect.  construed under the statutes and laws ofNorth Carolina.  written consent ofthe other party.  writing.  each ofthe parties hereto as specified below:  Provider:  Client:  Macon County Sheriff: Robert Holland 1820 Lakeside Drive Franklin, NC 28734; and 5 West Main Street Franklin, NC: 28734  Macon County Manager: Derek Roland  17. Business Associate Agreement. CLIENT and PROVIDER shall simultaneously with the execution of this Non-Emergency Transportation Services Contract enter into a Business Associate Agreement in the form attached hereto as Exhibit C. 18. Non-Exclusive Contractual Arrangement. Nothing herein shall be construed to be an exclusive transportation contract whereby Provider is entitled to handle all non-  emergency transportation needs oft the Client.    19. Express Condition to Contract. This Non-Emergency Transportation Services Contract is made EXPRESSLY CONDITIONED UPON Client being able to first secure amendments which are satisfactory to Client to the Memorandum of Transportation Agreement, a copy of which is attached hereto as Exhibit D. 20.Joinder By Macon County Sheriff. The Macon County Sheriff has joined in the entry and execution of this Medical Services Contract to signify his agreement and approval of the same and all parties hereto specifically agree that the Macon County Sheriffis an additional intended beneficiary oft this Medical Services Contract. 21. Independent Contractor. Provider is an independent contractor and none of its 22. E-Verify. Each Party hereto shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Further, if any party hereto utilizes a subcontractor, such party shall require the subcontractor to comply with the requirements of Article 2ofChapter 64 ofthe General Statutes. fremainder ofpage intentionally left blank = signatures onj following page]  employees shall be considered employees ofthe Client.  -6-    IN WITNESS WHEREFORE, the parties hereto have made and executed this Contract as  of the day and year first above written. ABT SECURE SOLUTIONS,LLC  DBA MOUNTAIN AREA TRANSPORT AND SECURITY,PROVIDER  By: Name:  Authorized Member/Manager MACON COUNTY, CLIENT Macon County Sheriff: Robert Holland Robert Holland, Macon County Sheriff Macon County Manager: Derek Roland  PRE-AUDIT CERTIFICATE This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act.  By:  This the  day of  20  By:  Derek Roland County Manager ATTEST:  Macon County Finance Officer  (COUNTY SEAL)  Mike Decker, Assistant Clerk Macon County Board of Commissioners  -7-    STATEOF COUNTY OF I,. certify that  a Notary Public for said County and State do hereby  Member/Manager of ABT Secure Solutions, lic, dba Mountain  Area Transport and Security, a limited liability company, personally appeared before me this day and acknowledged that he/she as Member/Manager, being authorized to do sO, executed the  foregoing on behalf oft the Limited Liability Company. Witness my hand and official seal this  day of  20  Notary Public  Notary Public's printed or typed name My Commission Expires:  STATE OF NORTH CAROLINA COUNTY OF MACON  Notary Public for Macon County, North  Carolina, certify that Robert Holland, Sheriff for Macon County, personally appeared before me this  day and acknowledged that he signed the foregoing document.  Witness my hand and official seal this  day of  20  Notary Public  Notary Public's 's printed or typedi Iname My Commission Expires:  NORTH CAROLINA MACON COUNTY I,  Notary Public for Macon County,  North Carolina, certify that Mike Decker, personally came before me this day and acknowledged that he is the Assistant Clerk of the Board of Commissioners of Macon County and that by authority duly given and as the act of Macon County, the foregoing instrument was signed in its name by the County Manager, sealed with its seal and attested by himself such Assistant Clerk to  the Board of Commissioners.  Witness my hand and official seal this  day of  20  Notary Public  Notary Public's! printed or typed name My Commission Expires:  -8-    EXHIBIT A - SCOPE OF WORK  Provider, as an independent contractor, shall safely and timely provide non-emergency transportation services, by ground, of Participants upon the request of Client within the State of Provider will notify Client within 15 minutes of the request whether Provider is able to provide Provider agrees to notify Client at the time a Participant is picked up by Provider at requested location, dropped off at requested location and at any unscheduled stops during transportation of Provider agrees to notify Client of any accidents and/or medical emergencies during Provider agrees that drivers and attendants will wear/display proper identification at all times  North Carolina, as follows: the requested services.  Participant.  transportation of Participant, as soon as practicable.  during transportation ofParticipant.  -9-    EXHIBIT B - RATE SHEET  Non-Emergency Medical Transportation Hourly rate per person Mileage rate  $27.00/hour for time driver is actually working  $0.65/mile  Client agrees to pay for services rendered in a total sum not to exceed $65,000 during term of this agreement. The term oft this agreement is. July 1, 2020- June 30, 2021.  -10-        MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - APPOINTMENTS  MEETING DATE: September 8, 2020  13(A). Board of Health - Per Macon County Public Health Director Kathy McGaha, the following appointments for the commission's consideration  are:  The reappointment ofNathan Brenner, DMD, to the dentist slot on the board. This would be Dr. Brenner's final three-year term. The reappointment of Mitchell Bishop to the engineer slot on the board. This would be Mr. Bishop'ss second, three-year term. The reappointment of Dr. Kevin Foley. However, the reappointment would move Dr. Foley to the medical doctor position on the board, That, in turn, would open up a general public slot on the board, which  and would be his first three-year term in that slot. could be advertised on the county's website.    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - CLOSED SESSION  MEETING DATE: September 8, 2020  14.  The need for a closed session is warranted under NCGS  143.318.11(a)(3) in order to preserve the attorney/client privilege.