Wacon Counky  U  MACON COUNTY BOARD OF COMMISSIONERS  JANUARY 10, 2017 AGENDA  NOTE: Years of service awards will be presented to county employees beginning at 5 p.m. in the commission boardroom, with a reception to  follow. The board meeting will begin at 6 p.m. 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. Reports/Presentations  A. Presentation of the annual audit report - Jill Vang with Martin B. Presentation regarding home-use medical waste disposal - Solid  Starnes & Associates, CPAS Waste Director Chris Stahl  10.Old Business  A. SoNCVet Interlocal Agreement Amendment - Transit Director  Kim Angel and the County Attorney B. Waterline project on Pannell Lane - Chris Stahl  11.New Business  A. Sanders Road Resolution Request : County Manager and Andy  Russell, NCDOT District Engineer B. Contract for scrap tire disposal - Chris Stahl  MACON COUNTY COURTHOUSE, ANNEX PHONE: 828-349-2000  5WEST MAIN STREET  FRANKLIN, NORTH CAROLINA:  FAX:828-349-2400 28734    C.A Agreement for recreational opportunities with the Scaly Mountain Historical Society, Inc. - Finance Director D. Ratification of December 21, 2016 poll of the board regarding Owner Exemption Affidavit for Robert C. Carpenter Building E. Ratification of December 28, 2016 poll of the board regarding  renovations  revised pictometry contract 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 December 13, 2016 regular meeting  Commissioners. C. Tax Releases 13.Appointments  B. Budget Amendments #93-99  14.Closed session (if necessary)  15.Recess until Friday, February 3, 2017 at 12 p.m.. in the commission boardroom on the third floor of the Macon County Courthouse, 5 West Main Street, Franklin, NC for the purpose of  holding a 2017 budget kickoff meeting.    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: January 10,2017 DEPARIMENT/AGENCY: Finance  SUBJECTMATTER: Presentation of the annual audit report  COMMENTS/RECOMMENDATION:  Jill Vang with Martin Starnes & Associates, CPAS, will be here to present the findings of the firm's audit for Fiscal Year 2015-16. Copies of the Comprehensive Annual Financial Report for the year ended June 30, 2016a as well as the compliance letters for that same period are available and can be picked up in the Finance Director's office prior to the meeting. Otherwise, copies will be at your seat on the dais the night of the meeting.  Attachments Agenda Item 9A  Yes XNo    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE:  January 10, 2017 Solid Waste  DEPARTMENT/AGENCY:  SUBJECT MATTER: PowerPoint Presentation- Home-use Medical  Waste Disposal  DEPARTMENT HEAD COMMENTS/RECOMMENDATION:  The Solid Waste Director will deliver a short presentation on the proper management of home-use SHARPS disposal, discussing the current programs and regulations and will propose enhancements to the management of these wastes in Macon County. The focus of these enhancements is on public awareness with the goal ofincreased safety to  staffa and the general public.  COUNTY MANAGER'S COMMENTSRECOMMENDATION:  Attachments Agenda Item 9B  Yes XNo    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: January 10,2017 DEPARTMENT/AGENCY: Transit  SUBJECTI MATTER: SoNCVet Interlocal Agreement Amendment  COMMENTS/RECOMMENDATION: Attached please find copies ofthe following:  Resolution Concerning Approval of the Entry and Execution of the Second Amendments to the Interlocal Agreement and Contract Concerning the SoNCVet: Southwestern NC One-Call One Click Second Amendments to Interlocal Agreement and Contract for the Procurement, Implementation and Operation of SoNCVet: Southwestern NC One-Call One Click Center for Veterans The County Attorney prepared both documents and he and Transit Director  Center for Veterans Transportation project.  Transportation Project.  Kim Angel can provide additional details at the meeting.  Attachments Agenda Item 10A  2 Yes  No    RESOLUTION CONCERNING APPROVAL OF THE ENTRY AND EXECUTION OF THE SECOND AMENDMENIS TOTHE! INTERLOCAL, AGREEMENT AND CONTRACT CONCERNING THE SoNCVet: Southwestern NC One-Call One Click  Center for Veterans Transportation project.  THATWHEREAS, Macon County, NC, ClayCounty,NC, Cherokee County, NC, The State ofFan-ineallCoum.il, Inc., JacksonCounty, NC, Graham County, NC, and] Mountain] Projects, Inc., through their respectivet transportation agencies! have indicatedi to one another that each desires to enter into the Second Amendments to the Interlocal Agreement and Contract concèrning the SoNCVet: Southwestem NC One-Call One Click Center: for Veterans Transportation project; and WHEREAS, the Second. Amendments toi thel Interlocal Agreement and Contract concerning the! SoNCVet: Southwestern NCOne-Call One Click Center for VeteransTamsportation project has been prepared: for execution' by Macon County,NC, Clay County, NC, Cherokee County, The State ofFranklin Health Council, Inc., Jackson County, NC, Graham County, NC, andl Mountain. Projects, Inc., and a copy oft the same is attached hereto andi incorporated! herein by reference. as ifmore fully  set forth herein; and  WHEREAS, the Macon County Commissioners desire to by this Resolution authorize the entry and execution of these Second Amendments to the. Interlocal Agreement and Agreement concerning the SoNCVet: SouthwestemNCOne-CallOneClick Center: for Veterans' Transportation project, a copy of which is attached hereto andi incorporated herein by reference asi ifmore fully set  forth herein.  NOW THBREFORE, upon motion of Commissioner  secondedby Commissioner  ,anda povd,leihemhyraled  that:  1. The Macon County Board of Commissioners do hereby specifically approve and authorize the entry and the execution of the Second Amendments to the Interlocal Agreement and Contract concerning the SoNCVet: Southwestern NC One-Call One Click Center for Vetemslmpotutompost forl Macon County,NC, ClayCounty,NC, Cherokee County, The State of] Franklin Health Council, Inc., Jackson County, NC, Graham County, NC, and Mountain Projects, Inc., a copy of which is attached hereto and incorporated herein by  reference as ifmore fully set forth herein; and  2. That thel Macon County Board ofCommissionerspecifiealyauthorize the Chairman ofthe Macon County Board of Commissioners and the Clerk to the Board to execute the Second Amendments to the Interlocal Agreement and Contract çoncerning the SoNCVet: SouthwestemNCOme-Car One Click Center forVeterans' Transportationproject: for Macon County,NC,Clayt County, NG,CherokeeCounty,; The SasofhaialialaComal. Inc., Jackson County, NC, Graham County, NC, and Mountain! Projects, Inc., a copy ofwhichis attached hereto and incorporated herein by reference as ifmore fully set forth herein and to  1    fill in any blanks left open on the same;  3.  That this Resolution and the Attachment hereto shall be included in and spread upon the Read and approved by vote ofthose members in attendance, and adopted, in this. January 10, 2017, Regular Meeting oft the Macon County Board of Commissioners.  minutes oft the Meeting at which this Resolution is approved.  Chairman, Macon County Board of Commissioners  ATTEST:  Clerk to Macon County Board of Commissioners  (County Seal)  2    SECOND. AMENDMENTS TO INTERLOCAL, AGREEMENT AND CONTRACT FOR THE PROCUREMENT, IMPLEMENTATION. AND OPERATION OF SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation Project  BETWEEN MACON COUNTY, NC and  Clay County, NC, Cherokee County, NC, The State of Franklin Health Council, Inc., a North Carolina Non-Profit Corporation, Jackson County, NC, Graham County, NC, and Mountain  Projects, Inc., al North Carolina Non-Profit Corporation.  These. AMENDMENTS TO INTERLOCAL AGREEMENT and CONTRACT are entered into this  day of  2017, by and between MACON COUNTY, NC, al North  Carolina body politic (the' Procuring Agent" and' "Lead. Agency")  and Clay County, NC, Cherokee County, NC, The State of Franklin Health Council, Inc., a North Carolina Non-Profit Corporation, and Jackson County, NC, Graham County, NC, and Mountain Projects, Inc. a North Carolina Non-Profit Corporation, (the Principals")  WITNESSETH:  THAT WHEREAS, all parties hereto acknowledge that Macon County, NC, Clay County, NC, Cherokee County, NC, and The State of Franklin Health Council, Inc., did enter into an Interlocal Agreement and Contract for the Procurement, Implementation and Operation of SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation Project, on or about March 13, 2014, a copy of which is attached hereto as Exhibit A and incorporated THAT WHEREAS, all parties hereto acknowledge that. Macon County, NC, Clay County, NC, Cherokee County, NC, The State of Franklin Health Council, Inc., and Jackson County, NC,did enter into Amendments to Interlocal Agreement and Contraict for the Procurement, Implementation and Operation of SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation Project on or about July 18, 2014, a copy of which is attached hereto WHEREAS, all parties hereto acknowledge that Macon County, NC, Clay County, NC, Cherokee County, NC, The State of Franklin Health Council, Inc., and Jackson County, NC, now desire to amend said Interlocal Agreement as set forth in Exhibit A attached hereto and as amended by the Amendments thereto as set forth in Exhibit B attached hereto so as to include Graham County, NC, and Mountain Projects, Inc. a North Carolina Non-Profit Corporation, as principals and as parties under the same in accordance with the terms and conditions as WHEREAS, all parties hereto acknowledge that Graham County, NC, and Mountain Projects, Inc., a North Carolina Non-Profit Corporation, now desire for the parties to such Interlocal  herein by reference; and  as Exhibit B and incorporated herein by reference; and  hereinafter provided; and  1    Agreement as set forth in Exhibit A attached hereto and the Amendments thereto as set forth in Exhibit B attached hereto to amend the same sO as to include Graham County, NC, and Mountain Projects, Inc., a North Carolina Non-Profit Corporation, as principals and parties under the same in accordance with the terms and conditions as hereinafter provided; and WHEREAS, the transportation agencies of each of the parties hereto have been discussing the need to cooperate better with one another fori the purpose of providing better and more efficient public transportation services to the Veterans and their families within Macon, Clay, Cherokee Swain, Jackson, Graham and Haywood Counties to medical services and for other purposes; WHEREAS, the transportation agencies of each of the parties hereto have decided to work together to implement a system to provide better and more efficient public transportation services to the Veterans and their families within Macon, Clay, Cherokee, Swain, Jackson, Graham and Haywood Counties to medical services and for other purposes; and WHEREAS, the transportation agencies of each of the parties hereto have decided upon trying to cooperatively procure, implement and operate a system to provide better and more efficient public transportation services to the Veterans and their families within Macon, Clay, Cherokee, Swain, Jackson, Graham and Haywood Counties to medical services and other purposes; and WHEREAS, toward that end, the transportation agencies of each of the parties hereto acknowledge that Macon County, NC, applied for a Grant in order to aid and assist iti in securing Grant for the purposes of procurement, implementation and operation of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, and with the option to add Jackson in such project, as proposed in the Grant Proposal prepared by Kim Angel, Transit Director for Macon County Transit, dated April 19, 2012, (hereinafter referred to as the "Grant Proposal" a copy of which is on file with Macon County Transit and the same is incorporated herein by reference; and WHEREAS, Macon County, NC, has in fact been able to secure a Grant to aid and assist ini the procurement, implementation and operation of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, and with the option to add Jackson County in such project, in accordance with the Public Transportation Section 5309 Capital Grant Agreement between the State of North Carolina and Macon County, DOT Number: DOT-19, and Project Number: 13-04-0052( hereinafter referred to as the "Grant Agreement") )a a copy of which is on file with Macon County Transit and the same is incorporated WHEREAS, the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, and Jackson County, North Carolina had an anticipated total project cost. of $536,705.29 rather than the anticipated total project cost set forth in Interlocal Agreement referenced hereinabove in the sum of $479,134.00; and WHEREAS, under said Grant Agreement, Macon County, North Carolina, has secured through the North Carolina Department of Transportation, Federal Funds in the amount of 80% of the actual net cost of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee  and  herein by referençe; and  2    County, North Carolina and Swain County, North Carolina, ), and with the option to add Jackson WHEREAS, Graham County, NC, and Mountain Projects, Inc., have made their own arrangements for funding their respective procurement, implementation and operation needs in connection with the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportion in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, Jackson County, North Carolina, Graham WHEREAS, the procurement, implementation and operation of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, Graham County, North Carolina, and Haywood County, North Carolina, will require the full cooperation and assistance of each parly hereto and all parties hereto desire to fully cooperate and assist in the effectivé and efficient procurement, implementation and operation of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, Jackson County, North Carolina, Graham County, North Carolina and WHEREAS, in order to comply with said Grant Agreement and in order to begin the procurement process for said SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation, Macon County has duly advertised for Requests for Proposals for the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, and with the option to add Jackson County, Graham County, and Mountain Projects, Inc., in such project, and has entered into a contract with the vendor for the benefit of Macon County, Clay County, Cherokee County, The State of Franklin Health WHEREAS, at the time of duly advertising for Request for Proposals for SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation Project, Macon County did require the vendors submitting proposals to make all priçing given in response to the Request for Proposal available to Graham County, North Carolina, and Mountain Projects, Inc., as well, in case those entities desired to join the SoNCVet Southwestern NC One-Call One Click WHEREAS, Graham County, North Carolina, and Mountain Projects, Inc., desire to take advantage of the pricing secured from the vendor selected by Macon County, for their respective procurement, implementation and operation needs to participate in SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation Project, and each will pay their full cost for their respective procurement, implementation and operation needs for the WHEREAS, all parties hereto do desire to enter these Second Amendments to the Interlocal Agreement and Contract and Amendments thereto above-referenced, to signify their respective agreements to follow the Interlocal Agreement and Contract and Amendments thereto as referenced hereinabove and as amended hereby and to fully cooperate and assist in the effective and efficient procurement, implementation and operation of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation in Macon County,  County in such project, noti in excess of$459.873.00: and  County, North Carolina, and Haywood County, North Carolina; and  Haywood County, NC, as provided for herein; and  Council, Inc, and Jackson County for procurement; and  Center for Veterans Transportation Project; and  same; and  3    North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, Jackson County, North Carolina, Graham County, North Carolina, and Haywood County, North Carolina in accordance with the terms and conditions provided for herein. NOW THEREFORE, IN CONSIDERATION OF THE PREMISES. AND THE COVENANTS AND CONDITIONS CONTAINED HEREINAFTER, THE PARTIES HERETO DO AGREE TO AMEND THE INTERLOCAL AGREEMENT AND CONTRACT FOR THE PROCUREMENT, MPLEMENTATION AND OPERATION OF THE SoNCVet: Southwestern NC One-Call One- Click Center for Veterans Transportation Project, and the Amendments thereto copies of which are attached hereto as Exhibits A and B respectively- and incorporated herein by reference AS 1. That Graham County, North Carolina, and Mountain Projects, Inc., are hereby made parties to and Principals in said Interlocal Agreement and Contract and Amendments thereto in accordance with the terms and conditions contained hereinafter. Section 1. Designation of Lead Agency., of said Interlocal Agreement and Contract "The parties hereto hereby designate Macon County as the Lead Agency for the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County, North. Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, Jackson County, North Carolina, Graham County, North Carolina, and Haywood County, North Carolina. Macon County Transit and its Director shall lead the procurement, implementation and operation thereof in cooperation with the Transit Directors of the Transit Agencies of the other parties hereto. AH other parties hereto and their Transit Agencies and Transit Directors shall work cooperatively with Macon County Transit as the Lead Agency and its Director in connection with the procurement, implementation and operation of the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, Jackson County, North Carolina, Graham County, North Carolina, and Haywood County, NC. However notwithstanding anything to the contrary contained herein, Graham County, North Carolina, and Mountain Projects, Inc., shall be responsible for securing and satisfying all of their respective procurement, implementation and operation needs for their participation in SoNCVet Southwestern NC One-Call One Click Center. for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County North Carolina, Swain County, North Carolina, Jackson County, North Carolina, Graham County, North Carolina and Haywood County, North Carolina. In securing and satisfying all of their respective procurement, implementation and operation needs, Graham County, North Carolina, and Mountain Projects, Inc., may use and take advantage of the pricing secured from the vendor selected by Macon County, for their procurement, implementation and operation needs to participate in SoNCVet: Southwestern NC One- Call One Click Center for Veterans Transportation Project, and each will pay their full cost for their respective procurement, implementation and operation needs for the same. Section 2. Purposes of Agreement., of said Interlocal Agreement and Amendments  FOLLOWS:  2.  and Amendments are amended and rewritten to read:  3.  are amended and rewritten to read as follows:  "The purposes of this Agreement ("Agreement") are threefold as follows:  4    (a). To allow the Procuring Agent to obtain proposals for demand response scheduling and routing software, tablets, web portal, interactive voice response telephone system as part of the One Call One Click initiative for the SoNCVet: Southwestern NC One-Call One-Click Center for' Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, Jackson County, North Carolina, Graham County, North Carolina, and Haywood County, North Carolina, in accordance with applicable Federal and State law, and to enable procurement of the same by the Procuring Agent for itself and the Principals as. provided for herein. All parties hereto understand and agree that the Procuring Agent has now obtained such a proposal and contracted with the vendor for has entered into a contract with the vendor for the benefit of Macon County, Clay County, Cherokee County, The State of Franklin Health Council, Inc., and Jackson County for procurement. All parties hereto are satisfied with the same. However notwithstanding anything to the contrary contained herein, Graham County, North Carolina, and Mountain Projects, Inc., shall bei responsible for securing and satisfying all of their respective procurement, implementation and operation needs for their participation in SoNCVet Southwester NC One-Call One Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County North Carolina, Swain County, North Carolina, Jackson County, North Carolina, Graham County, North Carolina and Haywood County, North Carolina. In securing and satisfying all of their respective procurement, implementation and operation needs, Graham. County, North Carolina, and Mountain Projects, Inc., may use and take advantage of the pricing secured from the vendor selected by Macon County, for their procurement, implementation and operation needs to participate in SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation Project, and each will pay all of their full cost for their respective procurement, (b). For the Procuring Agent and the Principals to agree to cooperatively implement within Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, and Jackson County, North Carolina, the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation praject in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, Jackson County, North Carolina, Graham County, North Carolina, and Haywood County, North Carolina, in accordance with applicable Federal and (c). For the Procuring Agent and the Principals to agree to cooperatively operate within Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, Jackson County, North Carolina, Graham County, North Carolina, and Haywood County, North Carolina, the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, Jackson County, North Carolina, Graham County, North Carolina, and Haywood County, North Carolina, in accordance with applicable. Federal and State law, as  implementation and operation needs for the same.  State law, as provided for herein; and  provided for herein.  5    4.  Section 9. Implementation. of said Interlocal Agreement and Amendments are "Macon County as the Lead Agency for the SoNCVet: Southwestern NC One-Call One- Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, Jackson County, North Carolina, Graham County, North Carolina, and Haywood County, North Carolina, and through Macon Transit Agency and its Director shall lead the implementation thereof in cooperation with the Transit Directors of the Transit Agencies of the other parties hereto. All other parties hereto and their Transit Agencies and Transit Directors agree to and shall work cooperatively with Macon County Transit as the Lead Agency and its Director as well as the vendor selected in connection with the implementation of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, Jackson County, North Carolina, Graham County, North Carolina, and Haywood County, North Carolina, as proposed in the Grant Proposal prepared by Kim Angel, Transit Director for Macon County Transit, dated April 19, 2012, ( hereinafter referred to as the "Grant Proposal" ) a copy of which is on file with Macon County Transit and is incorporated herein by reference, and in accordance with the terms of the Public Transportation Section 5309 Capital Grant Agreement between the State of North Carolina and Macon County, DOT Number: DOT-19, and Project Number: 13-04-0052( hereinafter referred to as the "Grant Agreement" )a copy of which is on file with Macon County Transit and is Section 10.. Operation., of said Interlocal Agreement and Amendments are amended "Macon County as the. Lead Agency for the SoNCVet: Southwestern NC One-Call One- Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County; North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, Jackson County, North Carolina, Graham County, North Carolina, and Haywood County, North Carolina, and through Macon Transit Agency and its Director shall lead the operation thereof in cooperation with the Transit Directors of the Transit Agencies of the other parties hereto. All other parties hereto and their Transit Agencies and Transit Directors agree to and shall work cooperatively with Macon County Transit as. the Lead Agency and its Director in connection with the operation of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, Jackson County, North Carolina, Graham County, North Carolina, and Haywood County, North Carolina, as proposed in the Grant Proposal prepared by Kim Angel, Transit Director for Macon County Transit, dated April 19, 2012, (hereinafter referred to as the "Grant Proposal" ) a copy of which is on file with Macon County Transit and is incorporated herein by reference, and in accordance with the terms of the Public Transportation Section 5309 Capital Grant Agreement between the State of North Carolina and Macon County, DOT Number: DOT-19, and Project Number: 13-04-0052( hereinafter referred to as the "Grant Agreement" ")a copy of which is on file Section 11. Miscellaneous., of said Interlocal Agreement and Amendments are  amended and rewritten to read as follows:  incorporated herein by reference." and rewritten to read as follows:  5.  with Macon County Transit and is incorporated herein by reference."  6. 6  amended and rewritten to read as follows:    "(a) Duration, This Agreement shall be 60-months from the effective date as set forth in the Interlocal Agreement as set forth in Exhibit A attached hereto, unless terminated earlier by mutual agreement.. The Agreement may be extended for such additional time as the parties all deem appropriate. The governing body of each party hereto has determined that this duration is reasonable by their approval and execution hereof. On such termination, obligations of either side that are still executory are hereby discharged, (b) Amendment and Termination. This Agreement may be amended by mutual agreement of the parties. This Agreement is terminated at the end of its duration as provided for herein or as hereinafter modified or may be terminated in accordance with (c) Benefit of Agreement. This Agreement is for the benefit of only the parties hereto (e) Nature of Agreement and Transaction. Macon County has the responsibility under this Agreement to conduct a procurement as described in this Agreement and to enter into the procurement contract for the benefit of the Procuring Agent and the Principals, also as described in this Agreement. In performing under this Agreement, the Procuring Agent is acting as the agent on behalf of the Principals, and on its own behalf and the Procuring Agent may also purchase Goods and Services for itself from the same procurement contract, The Procuring Agent does not warrant, or give any opinion, that this procedure, by which the procuring Agent solicits proposals and enters into procurement contract on behalf of the Principals, will be successful or effective. The Principals shall not hold the Procuring Agent liable for any deficiencies in, or failure of, this procedure. The Principals shall indemnify the Procuring Agent for, and hold the Procuring Agent harmless from, any claim by any person, firm, or corporation regarding this procedure or regarding the sale or purchase of the Goods and Services. The PROCURING AGENT SHALL NOT BE LIABLE TO THE PRINCIPALS ON ANY EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO MERCHANTIABILITY OR FITNESS FOR A. PARTICULAR PURPOSE) with respect to any of the Goods and Services. However notwithstanding. anything to the contrary contained herein, Graham County, North Carolina, and Mountain Projects, Inc., shall be responsible for securing and satisfying their all of their respective procurement, implementation and operation needs for their participation in SoNCVet Southwestern NC One-Call One Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County North Carolina, Swain County, North Carolina, Jackson County, North Carolina, Graham County, North Carolina and Haywood County, North Carolina. In, securing and satisfying all of their respective procurement, implementation and operation needs, Graham County, North Carolina, and Mountain Projects, Inc., may use and take advantage of the pricing secured from the vendor selected by Macon County, for their procurement, implementation and operation needs to participate in SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation Project, and each will pay their full cost for their respective procurement, implementation and operation needs for the same. The parties hereto agree to procure, implement and operate the SoNCVet:. Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North  but any rights based on prior breach or performance survive.  the Agreement of all oft the parties hereto. and not any other person, firm, or corporation.  7    Carolina, Jackson County, North Carolina, Graham County, North Carolina, and () Method of Financing the Undertaking, Including the Apportionment of Costs and Revenues. The procurement of the Goods and Services for the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation will be financed as follows: Federal Funds in the amount of 80% of the actual net cost of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation, not in excess Macon County shall pay the sum of $16,905.00 unto Macon County as its share of the local share for the remaining 20% of the actual net cost of the SoNCVet: Southwestem NC One-Call One Click Center for Veterans Transportation. In addition, Macon County shall provide "in-kind" contributions to the project having a value of $5,000.00, and such Clay County shall pay the sum of $ 16,905.00 unto Macon County, upon its execution of this Agreement as it share of the local share for the remaining 20% of the actual net cost of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation. The same shall be held by Macon County and used by it solely for this project. In addition, Clay County shall provide "in-kind" contributions to the project having avalue of $5,000.00, and such. "in kind contributions must be approved by the FTA; Cherokee County shall pay the sum of $ 16,905.00 unto Macon County as it share of the local share for the remaining 20% of the actual net cost of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation. The same shall be held by Macon County and used by it solely. for this project. In addition, Cherokee County shall provide "in-kind" contributions to the project having. a value, of $5,000.00, and such "in The State of Franklin Health Council, Inc., a North Carolina Non-Profit Corporation, shall pay the sum of $15,452.00 unto Macon County as it share of the local share for the remaining 20% of the actual net cost of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation. The same shall be held by Macon County and used by it solely for this project, In addition, The State of Franklin Health Council, Inc., shall provide "in-kind" contributions to the project having a value of $5,000.00, and such Jackson County shall pay the sum of $16,178.00 unto Macon County as it share of the local share for the remaining 20% of the actual net cost of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation. The same shall be held by Macon County and used by it solely for this project. In addition, Jackson County shall provide "in-kind" contributions to the project having a value of $5,000.00, and such "in Graham County, North Carolina, and Mountain Projects, Inc., shall be responsible for securing and satisfying all of their respective procurement, implementation and operation needs for their participation in SoNCVet Southwestern NC One-Call One Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County North Carolina, Swain County, North Carolina,  Haywood County, North Carolina, as provided for hereinabove.  of $459,873.00 from the Grant Agreement above-referenced;  "in kind contributions must be approved by the FTA;  kind contributions must be approved by the FTA;  "in kind contributions must be approved by the FTA;  kind contributions must be approved by the FTA;  8    Jackson County, North Carolina, Graham County, North Carolina and Haywood County, Each party hereto shall pay for all its employees which are required to implement and operate the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Each party hereto shall be entitied to the fares that it charges for the rides that it provides through the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project cooperatively with the other parties hereto. (g): Each party hereto shall at its sole expense during the term of this Agreement maintain, repair and if necessary replace such equipment placed into service in its home County for use in connection with this project. Each party hereto shall be responsible for payment of all maintenance and service fees, hosting fees and data charges incurred (h) Each party hereto shall ratify this Agreement by resolution oft the its Governing Board 7. That the SoNCVet: Southwestern NC One-Call One Click Center for. Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, and Jackson County, North Carolina will have an anticipated total project cost of $536,705.29 together with the anticipated procurement, implementation and operation costs to Graham County, North Carolina, in the amount of $111,520.71, and the anticipated procurement, implementation and operation costs to Mountain Projects, Inc., in the amount of The following provisions of the Interlocal Agreement as set forth in Exhibit A attached hereto have no application to Graham County, North Carolina, and Mountain Projects,  North Carolina.  Transportation projectcooperatively with the other parties hereto.  within their County for years 2-5. and spread the same upon its minutes."  $112,990.14. Inc.:  8.  A. Section 3, Delegation of Authority. B. Section 5. Procurement Procedures. C. Section 6. Award of Contract. D. Section 8. Procurement.  These Second Amendments to the Interlocal Agreement and Contract for the Procurement, Implementation and Operation of SoNCVet: Southwestern NC One-Call One- Click Center for Veterans Transportation Project, and Amendments thereto, copies of which is attached hereto as Exhibits A and B and incorporated herein by reference have been executed byt the Principals and the Procuring Agent by and through duly authorized representatives.  9    Macon County By:.  Name and Title ATTEST:  Clerk  PREAUDIT CERTIFICATE and Fiscal Control Act. This the, day of  This instrument has been preadudited in the manner required by the Local Government Budget  2017.  Macon County Finance Officer  10    Clay County, NC By:  Name and Title ATTEST:  Clerk  PREAUDIT CERTIFICATE and Fiscal Control Act. This the day of  This instrument has been preadudited in the manner required by the Local Government Budget  2017.  Clay County Finance Officer  11    Cherokee County, NC By:  Name and Title  ATTEST:  Clerk  PREAUDIT CERTIFICATE and Fiscal Control Act. This the day of  This instrument has been preadudited in the manner réquired by the Local Government Budget  2017.  Cherokee County Finance Officer  12    The State of Franklin Health Council, Inc. A North Carolina Non-Profit Corporation  By:  Name and Title  13.    Jackson County By:  Name and Title ATTEST:  Clerk  PREAUDIT CERTIFICATE and Fiscal Control Act. This the. day of  This instrument has been preadudited in the manner required by the Local Government Budget  2017.  Jackson County Finance Officer  14    Graham County By:.  Name and Title ATTEST:  Clerk  PREAUDIT CERTIFICATE and Fiscal Control. Act. This the day of  This instrument has been preadudited int the manner required by the Local Government Budget  2017.  Graham County Finance Officer  15    Mountain Projects, Inc. A North Carolina Non-Profit Corporation  By: Name and Title  16    N  EXHIBIT A  NTERLOCALAGREMENT AND CONTRACT  FOR THE PROCUREMENT, IMPLEMENTATION. AND OPERATION: OF SoNCVet: Southwestern NC One-Call One-Click Gentéri forveterans Transportation Project  BETWEEN MACON COUNTY NC and  Clay County, NO, Cherokee County, NÇ and The Staté ofFranklin Health Counci, Inci, al North. This INTERLOCAL. AGREEMENT and CONTRACTIS entered into this Bfaayat  Carolina Non-Profit. Corporation  Mach  2014,by and. between) MACON COUNTY, NC.al North Carolina body politic  fthe' "Procuring Agent" and *Lead Agency") North, Carolina Non-Proft Corporation, (the Principals")  and Clay County NC, Cherokee County, NC, and: The State of Franklin Health Council, Inc.n a.  WITNESSETH:  THAT WHEREAS, the transportation agencles of each of the parties hereto. have been: discussing the need to cooperate better with one another for the purpose of providing betterand more efficient public transportation services to the Veterans and. their famllies: within Macon, Glay, Cherokee and' Swain Counties to medical services and fot other purposes; and WHEREAS, the transportation agencies of each of the: partles hereto have decided to work together to: implement a system to provide better and more efficient public transportation services to the Veterans and their famllles within Macon, Clay, Cherokee and Swaln Counties to WHEREAS, the transponation, agencies of each oft the parties hereto have decided. upon trying,. to: cooperatively procure; implement and operate a system to provide better and more efficient- public transportation services to the Veterans and: their familes within Macon, Clay, Cherokee WHEREAS, toward that end, the transportation agencies. of each of the parties hereto have heretofore settied upon having Maçon County, NC, apply fora Granti inj ordert to ald, and aseisti it in securing a Grant for the purposes of procurement,. implementation and. operation of the SoNCVet:. Southwestern. NC One-Call One: Click Center for Veterans Transportation: project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North. Carolina and Swain County, North Carolina, as praposed in the Grant Proposal prepared by Kim Angel, Transit Director for Macon County Transit, dated April 19,2012, (hereinafter referred to as the Grant Proposal" 1 a copy. of which is on file with: Macon! Gounty Transit and the same is WHEREAS; Macon County, NC, has been able to seçure a Grant to aid and: assist in the procurement, implementation: and, operation of the SoNCVet: Southwestern NC One-Call One  medical services and for other purposes, and  and Swain: Counties to medical: services and other purposes and  incorporated herein by réference;and  1    *:  Click Center for Veterans Transportation in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, in accordançe with the Public Transportation Section 5309 Capital Grant Agreement between the State of North Carolina and Macon County, DOT Number: DOT-19, and Project Number: 13-04-0062( hereinafter referred to as the "Grant Agreement", )a copy of which is on file with Macon County WHEREAS, the SoNCVet: Southwestern NÇ One-Call One Click Center for Veterans Transportation projact in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, has an anticipated total project cost WHEREAS, under sald Grant Agreement, Maçon County, North Carollna, has sécured through the North Carolina Department of Transportation, Federal Funds in the amount of 80% of the actual net cost of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation praject in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain Çounty, North Carolina, notl In excess of $459,873.00; and WHEREAS, under said Grant Agreement, local share is anticipated in the amount of 20% oft the actual net cost of the' SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation project In Macon County, North Carolina, Clay County, North Carolina, Cherokee WHEREAS, the parties hereto contemplate sharing the obligatlon for such local share as WHEREAS, the procurement, implementation and operation of the SoNCVet: Southwestern NÇ One-Call One Click Center for Veterans Transportation in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, will require the full cooperation and assistance ofe each parly hereto ands all parties hereto desire to fully cooperate and assist in the effective and efficient procurement, implementation and operation of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation In Macon County, North Carallna, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, as provided for herein; and WHEREAS, in order to çomply with said Grant Agreement and in order to begin the procurement process for sald SoNCVet: Southwestern NÇ One-Call One Click Center for Veterans Transportation, Macon County has duly advertised for Requests for Proposals fort the SoNCVet: Southwestern NC One-Call. One Clck Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, and has secured a proposal from a vendor that It would reçommend for this project on the condition that each party hereto executes this Interlocal Agreement and Contract, signifying its agreement to foilow this Agreement and to fully cooperate and assist in the effective and efficient procurement, implementation and operation of the SoNCVet: Southwestem NC One-Call One Click Center for Veterans Transportation in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, in accordance with the terms and conditions provided for WHEREAS, all parties hereto do desire to enter this interlocal Agreement and Contract, to signify their respective agreements to follow this Agreement and (o fully cooperate and assist In  Transit and the same Is Incorporated herein by reference; and  of$479,134.00; and  County, North Carolina and Swain County; North Caroiina; and  provided for herein; and  herein; :and  2    the effective and efficient procurement, implementation and operation of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation in Macon County, North Carolina, Clay County, Narth Carolina, Cherokee County, North Carolina and Swain County, North Carolina, in accordance with the terms and conditions provided for herein. NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE COVENANTS. AND CONDITIONS CONTAINED HEREINAFTER, THE PARTIES HERETO DO AGREE AS  FOLLOWS:  Section 1. Designation ofLead Agency.  The parties hereto hereby designate Macon County as the Lead- Agency for the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, Macon County Transit and its Director shall lead the procurement, implementation and operation thereof in cooperation with the Transit Directors of the Translt Agencies of the other partles hereto. All other parties hereto and thelr Transit Agencies and Transit Directors shali work cooperatively with Macon County Transit as the Lead Agency and Its Director in connection with the procurement, implementation and aperation of the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project inN Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Section 2. Purposes of Agreement. The purposes of this Agreement ("Agreement") are (a). To allow the Procuring Agent to obtain proposals for demand response scheduling and routing software, tablets, web portal, interactive voice response telephone system as part of the One Call One Click Initiative for the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina In accordance with applicable Federal and State law, and to enable procurement of the same by the Procuring Agent fori itself and tha Principals as provided (b). For the Procuring Agent and the Principals to agree to cooperatively implement within Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carollna and Swain County, North Carolina, in accordance with applicable Federal and State law, as provided for herein; (c). For the Procuring Agent and the Principal to agree to cooperatively operate within Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carollna, the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transporation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swein County, North Carolina, in accordance with applicable Federal and State law, as providedf forh herein,  Carolina and Swain County, North Carolina.  threefoid as follows:  for herein;  and  3    Section 3. Delegation of Authority. The Principals hereby delegate unto the Procuring Agent the authority to conduct a Request for Proposal for the Principals and the Procuring Agent for the purchase, delivery and installation of demand response routing arid scheduling software, including reglonal coordination, tablets, web access and interactive voice response telephone system (referred to hereafter as "Goods and Services") for the SoNCVet: Southwestem NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, and in açcordance with the Public Transportation Section 5309 Capltal Grant Agreement between the State of North Carolina and Macon County, DOT Number: DOT-19, and Project Number: 13-04-0062( hereinafter referred to as the "Grant Agreement" )a copy of which is on file with Macon County Transit and is incorporated herein by reference, and do hereby ratify in full its efforts in that regard. The Principals do further delegate unto the Procuring Agent the authority to enter into procurement a contract for the purchase of the Goods and Services on behalf of the Procuring Agent and on behalf of the Princlpals for the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County,. North Cerolina, in accordance with the Public Transporiation Section 5309 Capital Grant Agreement between the State of North Carolina and Macon County, DOT Number: DOT-19, and Project Number: 13-04-0052( hereinafter referred to as the "Grant Agreement" )a copy of which is on file with Macon County Transit and.i is Incorporated herein by reference. This Agreement does not obligate the Procuring Agent or the Principals to purchase Section 4. Effective Date of Agreement. This Agreement shall become effective on February Section 5. Procurement Procedures. This Procurement shall foliow the requirements set forth in the North Carolina General Statutes 143-129.8 and In the Federal Transportation Authority (FTA) Circular 4220.1F. All Terms and Conditions set forth in the Request for Proposal document dated November 27, 2013, entitled "SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation Macon County, Lead Agency", are hereby incorporated by reference. Macon County shall also comply with its Public Transportation Section 5309 Capital Program Grant Agreement with the North Caralina Department of Transportation, DOT Number; DOT-19, Project Number: 13-04-0052. All Principals shall cooperate with the Procuring Agent and agree to comply with all those requirements applicable to the Procuring Agent imposed by the Procuring Agency's Public Transportation Section 5309 Capital Program Grant Agreement with the North Carolina Department of Transportation, DOT Number: DOT-19, Project Number: 13-04-0052 andt the FTAI Master Agreement. Section 6. Award of Contract. The proposals shall be reviewed by the Transit Director for Macon County Transit and the Transit Director will present a recommendation to the Macon County Commissioners for the award of the procurement contract for the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, and Swain County, North Carglina. All partles hereto shali comply with the provisions of N.C. Gen. Stat. S 143-128.8 (d) which provides that such proposais shall not be subject to public inspection until a contract is awarded. The Macon County Board of Commissioners may conslder, butis not bound by the recommendation. Macon County, within Its sole discretion, will award any procurement contract. Once the, procurement contract has been executed by the Procuring Agent fort the benefit of the Procuring Agent and the Principals and the vendor, a copy  any of the Goods or Services.. 2014.  ofprocurement contract shall be forwarded to the Principals.  4    Section 7. Record Retention. The Procuring Agent and the Principals agree to retain all documentation relating to the procurement for a period of noti less than fivey years after the date of the last delivery pursuant to the procurement, except in the event ofl litigation or settlement of claims arising from the performance of the procurement contract(s), iny which caset the Procuring Agent and Princlpals agree to maintain same until all such litigation, appeals, claims or Southwestern NÇ One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, and through Macon Transit Agency andi its Director shall lead the procurement of the Goods and Services needed for the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina. All other parties hereto and their' Transit. Agencles and Translt Directors agree to and shall work cooperatively with Macon County" Transit as the Lead Agency and its Director in connection with the procurement of goods and services neçessary for the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, as proposed in the Grant Proposal prepared by Kim Angel, Transit Director for Macon County Transit, dated April 19, 2012, herelnalter referred to as the' Grant Proposal")ac copy of which is on file with Macon County Transit and is incorporated herein by reference, and In accordance with the terms oft the Public Transportation Section 5309 Capltal Grant Agreement beiween the State of North Carolina and Macon County, DOT Number: DOT-19, and Project Number: 13-04- 0052( hereinafter referred to as the "Grant Agreement" )a copy of which Is on file with Macon Section 9. Implementation. Macon County as the Lead Agency for the SoNCVet: Southwestern NC One-Call- One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, and through Macon Transit Agency and Its Director shall lead the implementation thereof in cooperation with the Transit Directors of the Transit Agencles of the other parties hereto. All other parties hereto and their Transit Agencles and Transit Directors agree to and shall work cooperatively with Macon County Transit as the Lead Agency and its Director as well as the vendor selected In connection with the implementation of the SoNCVet: Southwestern NÇ One-Call One Click Center for Veterans Transportation in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, as proposed in the Grant Proposal prepared by Kim Angel, Transit Director for Macon County Transit, dated April 19, 2012, (hereinafter referred to as the "Grant Proposal")a copy of which is on file with Macon County Transit and Is Incorporated herein by reference, and in accordançe with the terms of the Public Transportation Section 5309 Capital Grant Agreement between the State of North Carolina and Macon County, DOT Number: DOT- 19, and Project Number: 13-04-0052( hereinafter referred to as the "Grant Agreement") a copy of which Is on file with Macon County Transit and is incorporated herein by reierence. Section 10, Operation. Macon Counly as the Lead Agency for the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation praject in Macon County, North Carolina, Clay County, North Carollna, Cherokee County, North Carolina and Swain County, North Carolina, and through Macon Transit Agency and its Director shall lead the operation thereof in cooperation with the Transit Directors of the Transit Agençies of the other partles  exception related thereto have been resolved. Section 8. Procurement  Macon County as the Lead Agency for the SoNCVet:  County Transit and Is Incorporated herein by reference.  5    hereto. All other partles hereto and their Transit Agencies and Transit Directors agree to and shall work cooperatively with Macon County Transit as the Lead Agency and Its Director in çonnection with the operation of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, as proposed in the Grant Proposal prepared by Kim Angel, Transit Director for Macon County Transit, dated April 19, 2012, ( hereinafter referred to as the "Grant Proposal" )a copy of which Is on flle with Macon County Transit and is incorporated herein by reference, and in accordance with the terms of the Public Transportation Section 5309 Capital Grant Agreement between the State of North Carolina and Macon County, DOT Number: DOT-19, and Project Number; 13-04-0052( herelnafter referred to as the' Grant Agreement") ) a copy of which is ont file with Macon County (a) Duration. This Agreement shall be 60-months unless terminated earlier by mutual agreement. The Agreement may be extended for such additional time as the partles all deem appropriate. The governing body of each party hereto has determined that this duration is reasonable by their approval and execution hereof, On such termlnation, obligations of either side that are still executory are hereby discharged, but any rights. based on prior breach or (b) Amendment and. Termination, This Agreement may be amended. by mutual agreement of the partles. This Agreement is terminated at the end ofi its duration as provided for herein or as hereinafter modified or may be terminated in accordance with the Agreement of ali ofthe parties (c) Benefit of Agreement. This Agreement is for the benefit of only the parties hereto and not (e) Nature of Agreement and Transaction, Macon County has the responsibllity under this Agreoment to conduct a procurement as described in this Agreement and to enter Into the procurement contract for the benefit of the Procuring Agent and the Principals, also as described in this Agreement. In performing under thls Agreement, the Procuring Agent is acting as the agent on behalf of the Principals, and on its own behalf and the Procuring Agent may also purchase Goods and Services for itself from the same procurement contract. The Procuring Agent does not warrant, or. give any opinion, that this procedure, by which the procuring Agent solicits proposals and enters into procurement contract on behalf of the Princlpals, will be successful or effective, The Principals shall not hold the Procuring Agent llable for any deficiencles in, or failure of, this procedure. The Principals shall indemnify the Procuring Agent for, and hold the Procuring Agent harmless from, any claim by any person, firm, or corporation ragarding this procedure or regarding the sale or purchase of the Goods and Services. The PROCURING AGENT SHALL NOT BE LIABLE TOTHE PRINCIPALS ON ANY EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO MERCHANTIABILTY OR FITNESS FOR A PARTICULAR PURPOSE) with respect to any of the Goods and Services. The parties hereto agree to procure, implement and operate the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina () Method of Financing the Undertaking.Including the Apportionment of Costs and Revenues. The procurement of the Goods and Services for the SoNCVet: Southwestern NC One-Call One-  Transit and is Incorporated herein by referençe. Section 11. Miscellaneous.  performance survive. hereto.  any other person, firm, or corporation.  and Swain County, North Carolina, as provided for hereinabove. Click Center for Veterans Transportation willl be financed as follows:  6    Federal Funds in the amount of 80% of the actual net cost of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation, not in excess of$459,873.00 from the Macon County shall pay the sum of $18,110.00 unto Macon County as its share of the local share for the remaining 20% oft the actual net cost of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation. In addition, Macon County shall provide "in-kind" contributions to the project having a value of $6,250.00, and such' "in kind contributions must be Clay County shall pay the sum of $18,110.00 unto Macon County, upon its execution of this Agreement as it share of the lacal share for the remaining 20% of the actual net cost of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation. The same shall be held by Macon County and used by lt solely for this project. In addition, Clay Counfy shall provide 'in-kind" contributions to the project having a value of $6,250.00, and such' "in kind Cherokee County shall pay the sum of $18,110.00 unto Macon County as it share of the local share for the remaining 20% of the actual net cost of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation. The same shall be held by Macon County and used by it solely for this project. In addition, Cherokee Counly shall provide "in-kind" contributions to the project having a value of $6,250.00, and such' "in kind contributions must be The State of Franklin Health Council, Inc., al Noith Carolina Non-Profit Corporation, shall pay the sum of $16,500.00 unto Macon County as it share of the local share for the remaining 20% of the actual net cost of the SoNCVet: Southwestern NC One-Cali One Click Center for Veterans Transportation, The same shall be held by Macon County and used by it solely for this project. Ine addition, The State of Franklin Health Council, Inc., shail provide "in-kind" contributions to the project having a value of $6,250.00, and such' "in kind contributions must be approved by the  GrantAgreement: above-referençed;  approved by the FTA;  contributions must be approved byt the FTA;  approved byt the FTA;  FTA;  Each party hereto shall pay for all its employees which are required to implement and operate the SoNCVet: Southwestem NC One-Call One-Click Center for Veterans Transportation project Each party hereto shall be entilled to the fares that it charges for the rides that it provides through the SoNCVet: Southwestern NC One-Call One-Cliçk Center for Veterans Transportation (g) Each party herelo shall at its sole expense during the term of this Agreement maintain, repair and if necessary replace such equipment plaçed into service in its home County for use in connection with thls project. Each party hereto shall be responsible for payment of all maintenance and service fees, hosting fees and data charges incurred within their County for (h) Each party hereto shall ratify this Agreement by resolution of the its Governing Board and  cooperatively with the other parties hereto. project cooperatively with the other parties hereto.  years 2-5.  spread the same upon Its minutes.  7    Section 12 Governing. Law and Forum. This Agreement shall be construed and interpreted ina accordance with the laws of North Carolina. The: exclusive forum for all actions arising out of this Agreement, that are between the parties to this Agreement, shall be the North Carolina Section 13. Macon County Policy. Macon County is committed to ensuring that no person is excluded from participatingi in or denied the benefits of any of the county's services on thet basis of race, color, national origin, sex, age, disabllity or socloeconomic status as protected by Title VI of the Civil Rights Act of 1964 and the Executive Order on Environmental Justice. Anyone believ ving to have been subjected to discrimination under Title VI by the county, its employees or This Agreement has been executed by the Princlpals and' the Procuring Agent by and through  General Court of, Justice, in North Carolina.  agents, are entitled to file a complaint. duly authorized representatives.  8    Name and Title  E  ELEKT  Clerk  PREAUDIT CERTIFICATE This instrument has been preaduditedi int the manner required by the Local Government Budget and Fiscal Control Act. This the Eayd of Apr/_2ou unthu Macon County Finance Officer  9    Clay County, NC ar&C GGG Gaama2 Name'andTile R  LELL Clerk  PREAUDIT CERTIFICATE This instrument has been preadudited int the manner required by the Local Government Budget and Fiscal Control Act. This the & day of Flbag: 2014. Clay County ealipk  10    The State of Franklin Health Council, Inc. AI North Carolina Non-Profit Corporation By, Btiom Dethe MSAt Name and Title  n  12    EXHIBIT B  AMENDMENTS TO INTERLOCAL AGREEMENT AND CONTRAGT FOR THEF PROCUREMENT, IMPLEMENTATION. ANDI OPERATION: OF SoNCVets. Southwestern NCOne-Cal One-Click Center forVeterans' TrensportationPrgec'  BETWEEN MACON COUNTY, NG and  Clay County, NC, Cherokee County, NG, The State of Franklin Health Council, Inc., a North These AMENDMENTS TO INTERLOCAL AGREEMENT and CONTRACT are entered into this  Carolina Non-Profit Corporation: and Jackson: County.NC.  & dayot July  2014, by and between MACONÇOUNTY, NC, al North:  Carolina bodypolitc(the' "Procuring Agent"and" Lead Agency")  and Clay County, NG, Cherokee County, NG, The State of Franklin Health Counoil, Inc., à North Carolinal Non-Profit: Corporation; and. Jackson County, NC, (the"Principals")  WITNESSETH:  THAT WHEREAS, all parties hereto acknowledge that Macon County., NC, Clay County, NC, Cherokee County NC, and: The State of Franklin Health Council, Inc., did enter into: an Interiocal Agreement and Contract for the Procurement, Implementation and Operation of SoNCVet: Southwestern, NC One-Call One-Click Center for Veterans Transportation Project, on or about March! 13; 2014, a copy of which. Is attached hereto and. incorporated herein by WHEREAS, all parties hereto: acknowledge that. Macon County, NG, Clay County,, NC, Cherokee Gounty NG, and The State of Franklin Health Council, Inc now desire to amend said Interlocal Agreement s0 as to Include Jackson County as a: principal and a party under the WHEREAS, all parties hereto acknowledge that Jackson. County, NC, now. desires for the parties to such Interlocal Agreement to amend the same sO as toi include Jackson County as a WHEREAS, the transportation. agencies of each oft the parties hereto have been discussing the need to çooperate better with one another for the purpose of providing better and more efficient publiç transportation: services to the Veterans and their families within Macon, Clay, Cherokee Swain and Jackson Counties to medical services and for other purposes; and WHEREAS, the transportation agencies: of each of the parties hereto have décided: to work together to implement a system, to provide better. and more efficient public transportation services to the Veterans and their families within Macon, Clay, Chérokee, Swain and Jackson  reference; and  same as hereinafters provided;and  principal and party under the same as hereinafter provided; and  Counties toi medical services and for other purposes; and  1    WHEREAS, the transportation agencies of each of the parties hereto have decided upon trying to cooperatively procure, implement and operate a system to provide better and more efficient public transportation services to the' Veterans and their familles within Maçon, Clay, Cherokee, Swain and. Jackson Counties to medical services and other purposes; and WHEREAS, toward that end, the transportation agencies of each of the parties hereto acknowledge that Macon County, NC, has applied for a Grant in order to aid and assist It in securing a Grant for the purposes of procurement, implementation and operation of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County; North Carolina, and with the option to add Jackson County in such project, as proposed in the Grant Proposal prepared by Kim Angel, Transit Director for Macon County Transit, dated April 19, 2012, (hereinafter referred to as the' "Grant Proposal" a copy ofwhichi is on file with Macon County Transit and the same is incorporated herein! by reference; and WHEREAS, Macon County, NC, has been able to secure a Grant to aid and assist in the procurement, implementation and operation of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, and with the option to add Jackson County in such project, in accordance with the Public Transportation Section 5309 Capital Grant Agreement between the State of North Carolina and Macon County, DOT Number: DOT-19, and Project Number: 13-04-0052( herelnafter referred to as the "Grant Agreement")a.copy of which is on file with Macon County Transit and the same is Incorporated WHEREAS, the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation project ini Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, and. Jackson County, North Carolina will have an anticipated total project cost of $536,705.29 rather than the anticipated total project cost setf forthi in Interlocal Agreement referenced hereinabove int thes sum of$479,134.00; and WHEREAS, under sald Grant Agreement, Macon County, North Carolina, has secured through the North Carolina Department of Transportation, Federal Funds in the amount of 80% of the actual net cost of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, ), andy with the option to add Jackson WHEREAS, under said Grant Agreement, local share is anticipatedi in the amount of 20% ofthe actual net cost of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, and Jackson County, North Carolina; WHEREAS, the parties hereto contemplate sharing the obligation for such local share as WHEREAS, the procurement, implementation and operation of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, will require the full cooperation and assistance of each party hereto and all parties hereto desire  herein by reference;and  County in such project, not in excess of $469.873.00:and  and  provided for herein; and  2    to fully cooperate and assist in the effective and efficient procurement, implementation and operation of the SoNCVet: Southwestern NC One-Calf One Click Center for Veterans Transportation in Macon County, North Carolina, Clay County, North Carolina, Cherokee Counly, North Carolina, Swain County, North Carolina, and Jackson County, North Carolina, as WHEREAS, In order to comply with said Grant Agreement and in order to begin the procurement process for sald SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation, Macon County has duly advertised for Requests for Proposals for the SoNCVet: Southwesternt NC One-Calf One Click Center for Veterans Transportation project In Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, and with the option to add Jackson County in such project, and has entered into a contract with the vendor and all parties hereto are satisfied with the WHEREAS, all parties hereto do desire to enter these. Amendments to the interlocal Agreement and Contract above-feferenced, to signify their respective agreements to follow this the Interlocal Agreement and Contract as referenced hereinabove and as amended hereby and to fully cooperate and assist in the effective and efficient procurement, implementation and operation of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, and Jackson County, North Carollna, in NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE COVENANTS AND CONDITIONS CONTAINED HEREINAFTER, THE PARTIES HERETODO. AGREE TO AMEND THE INTERLOCAL AGREEMENT AND CONTRACT FOR THE PROCUREMENT, IMPLEMENTATION AND OPERATION OF THE SoNCVet: Southwestern NC One-Call One- Click Center for Veterans Transportation Project, on or about March 13, 2014, a copy of which 1, That Jackson County, North Carolina, is hereby made a party to and a Principal in said 2. Section 1. Designation ofLead Agency., of said Interlocal Agreement and Contract is  provided for herein; and  same;; and  accordance with the terms and conditions provided for herein.  Is attached hereto and incorporated herein by reference AS FOLLOWS:  Interlocal Agreement andContract. amended and rewritten toread:  "The parties hereto hereby designate Macon County as the Lead Agency for the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina and Jackson County, North Carolina. Macon County Transit and its Director shall lead the procurement, implementation and operation thereof in cooperation with the Transit Directors of the Transit Agencies of the other parties hereto. All other parties hereto and their Transit Agèncles and Transit Directors shall work cooperatively with Macon County Transit as the Lead Agency and its Director in connection with the procurement, implementation and operation of the SoNCVet: Southwestern NC One-Call-One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, and Jackson  County, North Carolina."  3    3. Section 2. Purposes ofA Agreement., of said Interlocal Agreement is amended and "The purposes of this Agreement ("Agreement") are threefold as follows: (a). To allow the Procuring Agent to obtain proposals for demand response scheduling and routing software, tablets, web portal, interactive voice response telephone system as part of the One Call One Click initiative for the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon. County, North Carolina, Clay. County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, and Jackson County, North Carolina, in accordançe with applicable Federal and State law, and to enable procurement of the same by the Procuring Agent for itself and the Principals as provided for herein. All partles hereto understand and agree that the Procuring Agent has now obtained such a proposal and contracted with the vendor for the same and with the option to add Jackson County in such project. (b). For the Procuring Agent and the Principals to agree to cooperatively implement within Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, and Jackson County, North Carolina, the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, and Jackson County, North Carolina, in accordance with applicable (c). For the Procuring Agent and the Principals to agree to cooperatively operate within Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, and Jackson County, North Carolina, the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, and Jackson County, North Carolina, in accordance with applicable  rewritten to read as follows:  Allp parties hereto are satisfied with thes same;  Federal and State law, as provided for herein; and  Federal and State law, as provided for herein."  4. Section 3. Delegation of Authority., of said Interlocal Agreement Is amended and  rewritten to read asfollows:  'The Principals hereby delegate unto the Procuring Agent the authority to conduct a Request for Proposal for the Principals and the Procuring Agent for the purchase, delivery and installation of demand response routing and scheduling software, including regtonal coordination, tablets, web access and interactive voice response telephone system (referred to hereafter as "Goods and Services") for the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, and with the option to add Jackson County in. such project, and in accordance with the Public Transportation Section 5309 Capital Grant Agreement between the State of North Carolina and MaconCounty, DOT Number: DOT-  4    19, and Project Number: 13-04-0052( hereinafter referred to as the "Grant Agreement", ') a copy of which is on file with Macon County Transit and is incorporated herein by reference, and do hereby ratify in full its efforts in that regard. The Principals do further delegate unto the Procuring Agent the authority to enter into procurement a contract for the purchase of the Goods and Services on behalf oft the Procuring Agent and on behalf of the Principals for the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, and Jackson County, North Carolina, in accordance with the Public Transporlation Section 5309 Capital Grant Agreement between the State of North Carolina and Macon County, DOT Number: DOT-19, and Project Number: 13-04-0052( hereinafter referred to as the' "Grant Agreement")a a copy of which is on file with Macon County Transit and is incorporated herein by reference. This Agreement does not obligate the Procuring Agent or the Principais to purchase any of the Goods or Services. All parties hereto understand and agree that the Procuring Agent has now obtained such a proposal and contracted with the vendor for the same and with the option to add Jackson County in such project. All  parties hereto are satisfied with the ame"  5. Section 6. Award of Contract.., of said Interlocal Agreement is amended and rewritten  to read as follows:  "The proposals shall be reviewed by the Transit Director for Macon County Transit and the Transit Director will present a recommendation to the Macon County Commissioners for the award of the procurement contract for the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, and Swain County, North Carolina. All parties hereto shall comply with the provisions of N.C. Gen, Stat. $ 143-128.8 (d) which provides that such proposals shall not be subject to public inspection until a contract is awarded, The Macon County Board of Commissioners may consider, but is not bound by the recommendation. Macon County, within its sole discretion, will award any procurement contract. Once the procurement contract has been executed by the Procuring Agent for the benefit of the Procuring Agent and the Principals and the vendor, a copy of procurement contract shall be forwarded to the Principals. All parties hereto understand and agree that the Procuring Agent has now obtained such a proposal and contracted with the vendor for the same and with the option to add Jackson County in such project. All parties hereto are satisfied with the Section 8. Procurement., of said Interlocal Agreement is amended and rewritten to "Macon County as the Lead Agency for the SoNCVet: Southwestern NC One-Call One- Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, and Jackson County, North Carolina, and through Macon Transit Agency and its Director shall lead the procurement of the Goods and Services needed for the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, Çlay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, and Jackson County, North Carolina. All other parties hereto and their Transit Agencies and Transit Directors agree  same" read asi follows:  6.  5    to and shall work cooperatively with Macon County Transit as the Lead Agençy and its Director in connection with the procurement of goods and services necessary for the SoNCVet: Southwestern NC One-Call One Click Center for Velerans Transportation in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, and Jackson County, North Carolina, as proposed in the Grant Proposal prepared by Kim Angel, Transit Director for Macon County Transit, dated April 19, 2012, (hereinafter referred to as the "Grant Proposal")a copy of which is on file with Macon County Transit and is incorporated herein by reference, and in accordance with the terms of the Public Transportation Section 5309 Capital Grant Agreement between the State of North Carollna and Macon County, DOT Number: DOT-19, and Project Number: 13-04-0052( hereinafter referred to as the' "Grant Agreement" )a copy of which is on file with Macon County Transit and is incorporated  herein byreference." read ast follows:  7. Section 9. Implementation, of said Interlocal Agreement is amended and rewritten to  "Macon County as the Lead Agency for the SoNCVet: Southwestern NC One-Call One- Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, and Jackson County, North Carolina, and through Macon Transit Agency and its Director shall lead the implementation thereof in cooperation with the Transit Directors of the Transit Agencies of the other parties hereto. All other parties hereto and their Transit Agencies and Transit Directors agree to and shall work cooperatively with Macon County Transit as the Lead Agency and its Director as well as the vendor selected In connection with the implementation of the SoNCVet: Southwestern NC One- Call One Click Center for Veterans Transportation in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North. Carolina, Swain County, North Carolina, and Jackson County, North Carolina, as proposed in the Grant Proposal prepared by Kim. Angel, Transit Director for Macon County Transit, dated. April 19, 2012, (hereinafter referred to as the "Grant Proposal")ad copy of which is on file with Macon County Transit and Is incorporated herein by reference, and in accordance with the terms of the Public Transportation Section 5309 Capital Grant Agreement between the State of North Carolina and Macon County, DOT Number: DOT-19, and Project Number: 13-04-0052( hereinafter referred to as the "Grant Agreement") a copy of which is on file 8. Section 10. Operation., of said Interlocal Agreement is amended and rewritten to read "Macon County as the Lead Agency for the SoNCVet: Southwestern NC One-Call One- Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, and Jackson County, North Carolina, and through Macon Transit Agency and its Director shall lead the operation thereof In cooperation with the Transit Directors of the Transit Agencies of the other partles hereto. All other parties hereto and their Transit Agencies and Transit Directors agree to and shall work cooperatively with Macon County Transit as the Lead Agency and its Director in connection with the operation of the SoNCVet: Southwestern NÇ One-Call One Click Center for Veterans Transportation in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North  with Macon County Transit and isi incorporated herein byr referençe."  as follows:  6    Carolina, Swain County, North Carolina, and Jackson County, North Carolina, as proposed in the Grant Proposal prepared by Kim Angel, Transit Director for Macon County Transit, dated Aprll 19, 2012, (hereinafter referred to as the "Grant Proposal")a copy of which is on file with Macon County Transit and is incorporated herein by reference, and in accordance with the terms of the Public Transportation Section 5309 Capital Grant Agreement between the State of North Carolina and Macon County, DOT Number: DOT-19, and Project Number: 13-04-0052( hereinafter referred to as the' "Grant. Agreement" )a copy of which is on file with Macon County Transit and is incorporated 9. Section 11. Miscellaneous., ofs said Interlocal Agreement is amended and rewritten to  herein byreference." read as follows:  "(a). Duration. This Agreement shall be 60-months unless terminated earlier by mutual agreement. The Agreement may be extended for such additional time as the parties all deem appropriate. The governing body of each party hereto has determined that this duration is reasonable by their approval and execution hereof. On such termination, obligations of elther side that are still executory are hereby discharged, but any rights (b) Amendment and Termination. This Agreement may be amended by mutual agreement of the parties. This Agreement is terminated at the end of its duration as provided for herein or as hereinafter modified or may be terminated in accordance with (c) Benefit of Agreement. This Agreement is for the benefit of only the parties hereto (e) Nature of Agreement and Transaction. Macon County has the responsibility under this Agreement to conduct a procurement as described in this Agreement and to enter into the procurement contract for the benefit of the Procuring Agent and the Principals, also as described in this Agreement. In performing under this Agreement, the Procuring Agent is acting as the agent on behalf of the Principals, and on its own behalf and the Procuring Agent may. also purchase Goods and Services for itself from the same procurement contract. The Procuring Agent does not warrant, or give any opinion, that this procedure, by which the procuring Agent solicits proposals and enters into procurement contract on behalf of the Principals, will be successful or effective. The Principals shall not hold the Procuring Agent liable for any deficiencies in, or. failure of, this procedure. The Principals shall indemnify the Procuring Agent for, and hold the Procuring Agent harmless from, any claim by any, person, firm, or corporation regarding this procedure or regarding the sale or purchase of the Goods and Services. The PROCURING AGENT SHALL NOT BE LIABLE TO THE PRINCIPALS ON ANY EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO MERCHANTIABILITY OR FITNESS FOR A PARTICULAR PURPOSE) with respect to any of the Goods and Services. The parties hereto agree to procure, implement and operate the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, and Jackson County, () Method of Financing the Undertaking. Including the Apportionment of Costs ad Revenues. The procurement oft the Goods and Services fort the SoNCVet: Southwestern NCOne-Cal One-Click Center for Veterans iotatondpamanet asf follows:  based on prior breach or performance survive. the Agreement of all oft the parties hereto, and not any other person, firm, or corporation.  NorthCarolina, as provided for hereinabove.  7    Federal Funds in the amount of 80% of the actual net cost of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation, not In excess Macon County shall pay the sum of $16,905.00 unto Macon County as its share of the local share for the remaining 20% oft the actual net cost of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation. In addition, Macon County shall provide "in-kind" contributions to the project) having a value of $5,000.00, and such Clay County shall pay the sum off 16,905.00 unto Macon County, upon, its execution of this Agreement as it share of the local share for the remaining 20% oft the actual neto cost of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation. The same shall be held by Macon County and used by it solely for this project. In addition, Clay County shall provide "in-kind" contributions to the project having avalue of $5,000.00, and such' "inkind contributions must be approved byt thef FTA; Cherokee County shall pay the sum off 16,905,00 unto Macon County as it share of the local share for the remaining 20% of the actual net cost of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation. The same shall be held by Macon County and used by it solely for this project. In addition, Cherokee County shall provide "in-kind" çontributions to the project having a value of $5,000.00, and such "in The State of Franklin Health Council, Inc., ai North Carolina Non-Profit Corporation, shall pay the sum of $15,452,00 unto Macon County as it share of the local share for the remaining 20% of the actual net cost of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation. The same shall be! held by Macon County and used by it solely for this project. In addition, The State of Franklin Health Council, Inc., shall provide "In-kind" contributions tot the project having aval_ueo of$5,000.00, and such Jackson County shall pay the sum of $16,178.00 unto Macon County as it share of the local share for the remaining 20% of the actual net cost of the SoNCVet: Southwestern NC One-Call One Click, Center for Veterans Transportatton. The same shall be held by Macon County and used by It solely for this project. In addition, Jackson County shall provide "in-kind" contributions to the project having a value of $5,000.00, and such "in Each party hereto shall pay for all its employees which are required to implement and operate the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Each party hereto shall be entitled to the fares that it charges for the rides that It provides through the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project cooperatively with the other parties hereto. (g) Each party hereto shall at its sole expense during the term of this Agreement maintain, repair and if necessary replace such equipment placed into service in its home County for use in connection with this project. Each parly hereto shall be responsiblefor  of$459,873.00 from the Grant Agreement above-referenced;  "in kind contributions must be approved by the FTA;  kind contributions must be approved by the FTA;  "in kind contributions must be approved byt the FTA;  kind contributions must be approved by the FTA;  Transportation project cooperatively with the other parties hereto.  8    payment of all maintenance and service fees, hosting fees and data charges incurred (h) Each party hereto shall ratify this Agreement by resolution of the its Governing Board 10. That the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, Swain County, North Carolina, and Jackson County, North Carolina will have an anticipated total project cost of $536,705.29 rather than the anticipated total project cost set forth in Interiocal Agreement referenced hereinabove in  within their County for years 2-5. and spread thes same uponi its minutes."  the sum of$479,134.00.  These Amendments to the Interlocal Agreement and Contract for the Procurement, Implementation and Operation of SoNCVet: Southwestern. NC One-Call One-Click Center for Veterans Transportation Project, on or about March 13, 2014, a copy of which is attached hereto and incorporated herein by reference have been executed by the Principals and the  Procuring. Agent by and through duly authorized representatives.  9    Macon Counly, By:. Ahakl Akernforbi Chtian ofhoesl Name andTite ATTESTA - REAE PREAUDIT CERTIFICATE This instrument: has been preaduditedint tho manner requlred bythel Local Govemment Budget and Fiscal ControlAct. Thist the Bad Jhly 2014. ckRuneble Macon County Finance Officer  Clerk  10    Clay County, NC By:  Stahn Salke Chuiman Namé and Title FRR  Clerk  PREAUDIT CERTIFICATE and Fiscal ControlAct.  This instrument has been preadudited int the manner required byt thel Local Government Budget This the dayot. Sl_2014 Vu Fbeni Clay County Finance Officer  11    Cherokse Fgunty, By: ZPML CB. 1 melinnon, Chaimn Name and Title  SL, PREAUDIT CERTIFICATE This instrument has been preadudited in the manner required by the Local Government Budget and Fiscal ControlAct. Thist the 18 day of Augisl2os. Aondym.deleso Cherokee Gounty Finance Officer   Clerk  12    The State of Franklin Health Council, Inc. ANorth Carolina Non-ProftCorporation By Bikli M Ekelatike Name and' Title  AR  13    Jackson County 3y; 226 webm, bhacgê Name and' Title ATTESTIOL PREAUDIT CERTIFICATE and Fiscal Control Act.  NC  PARAS! A  OVr  This instrument has been preadudited int the. manneri required by thel Local Government Budget This the 7ayot. Jul4_2014. DLy Jackson County Fingrce Officer  14    INTERLOÇAL AGREEMENT AND CONTRACT  FOR THE PROCUREMENT, IMPLEMENTATION. AND OPERATION OF SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation Project  BETWEEN MACON COUNTY,NC and  Clay County, NC, Cherokee County, NC, and" The State of Franklin Health Council, Inc., a North This INTERLOCAL AGREEMENT and CONTRACT is entered into this 13dayot  Çarollna Non-Profit Corporation  March  2014, by and between MACON COUNTY, NC, al North Carolina body politlc  (the' "Procuring Agen!" and' "Lead Agency") North Carolina Non-Proft Corporation, (the "Principals")  and Clay County, NC, Cherokee County, NÇ, and The State of Frankiln Health Council, Inc., a  WITNESSETH:  THAT WHEREAS, the transportation agencies of each of the parties hereto have been discussing the need to çooperate better with one another for the purpose of providing betterand more efficient public transponation services to the Veterans and their famllies within Macon, Clay, Cherokee and Swain Counties to medical services and for other purposes; and WHEREAS, the transportation agencies of each of the partles hereto have decided to work together to Implement a system to provide better and more efficient public transportation services to the Veterans and their familles within Macon, Clay, Cherokee and Swain Countles to WHEREAS, the transportation agencies of each of the. parties hereto have decided upon trylng to cooperatively procure, implement and operate a system to provide better and more efficient public transportation services to the Veterans and thelr famllies within Macon, Clay, Cherokee WHEREAS, toward that end, the transportation agencles of each of the parties hereto have heretofore settled upon having Macon County, NC, apply for a Grant in ordert to aid and assisti it in securing a Grant for the purposes of procurement, Implementation and operation of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transporiation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, as proposed in the Grant Proposal prepared by Kim Angel, Transit Director for Macon Caunty Transit, dated April 19, 2012, (hereinafter referred to as the Grant Proposal" )a copy of which is on file with Macon County Transit and' the same Is WHEREAS, Macon County, NC, has been able to secure a Grant to aid and assist in the procurement, implementation and operation of the SoNCVet: Southwestern NC One-Call One  medical services and for other purposes; and  and Swain Counties to medical services and other purposes; and  incorporated herein by reference; and  1    :  Click Center for Veterans Transportation in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carollna and Swain County, North Carolina, in accordance with the Public Transportation Section 5309 Capital Grant Agreement between the State of North Carolina and Macon County, DOT Number: DOT-19, and. Project Number: 13-04-0052( hereinafter referred. to as the "Grant Agreement ) a copy of whichi is on file with Macon County WHEREAS, the SoNCVet: Southwestem NC One-Call One Click Center for Veterans Transportation project in Macon County, North Carolina, Ciay County, North Carolina, Cherokee County, North Carolina and Swaln County, North Carolina, has an anticipated total project cost WHEREAS, under said Grant Agreement, Macon Counly, North Carollna, has secured through the North Carolina Department of Transportation, Federal Funds In the amount of 80% of the actual net cost of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation project In Macon County, North Carolina, Clay County.N North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, not In 8083013459.873.00; and WHEREAS, under said Grant Agreement, local share Is anticipated in the amount of 20% oft the actual net cost of the' SoNCVet: Southwestern NC. One-Call One Click Center for Veterans Transportation project In Macon County, North Carolina, Clay County, North Carollna, Cherokee WHEREAS, the partles hereto contemplate sharing the obligation for such local share as WHEREAS, the procurement, implementation and operation of the SoNCVet: Southwestern NÇ One-Call One Click Center for Veterans Transportation in Macon Cqunty, North Carolina, Clay County, North Carolina, Cherokee Çounty, North Carolina and Swaln County, North Carolina, will require the full cooperation and assistance of each party hereto and all; parties hereto desire tof fully cooperate and assist in the effective and efficient procurement, implementation and operation of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation in Macon County, North Carollna, Clay County, North Carolina, Cherokee Çounty, North Carolina and Swain Çounty, North Carolina, as provided for herein; and WHEREAS, in order to comply with said Grant Agreement and in order to begin the procurement process for said SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation, Macon County has duly advertised for Requeste for Proposals for the SoNCVet: Southwestern NC One-Call Oné Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, and has secured a proposal from a vendor that it would recommend for this project on the condition that each party hereto executes this Interlocal Agreement and Contract, signifying lts agreement to follow this Agreement and to fully cooperate and assist In the effective and efficient procurement, Implementation and operation of the SoNÇVet: Southwestern NC One-Call One Click Center for Veterans Transportation in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, In accordance with the tetms and conditions provided for WHEREAS, all parties hereto do desire to enter this Interlocal Agreement and Contract, to signify their respective agreements to follow this Agreement and to fully cooperate and assist in  Transit and the same Is incorporated. herein by reference; and  of$479,134.00and  County, North Carolina and Swain County; North Carolina; and.  provided for herein;a and  herein;and  2    the effective and efficient procurement, implementation and operation of the SoNCVet: Southwestern NC Orie-Call One Cliok Center for Veterans Transportation in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swaln County, North Carolina, In accordance with the terms and conditlons provided for herein. NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND" THE COVENANTS AND CONDITIONS CONTAINED HEREINAFTER, THE PARTIES HERETO DO AGREE AS  FOLLOWS:  Section 1. Designation ofLead Agency,  The parties hereto hereby dasignate Macon County as the Lead Agency for the SoNCVet: Southwestern NC One-Calf One-Click Center for Velerans Transportation project In Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, Macon County Transit and its, Director shall lead the procurement, implementation and operation thereof in cooperation with the Transit Directors of the Transit Agencies of the other parties hereto. All other parties hereto and their Transit Agencies and Transit Directors shall work cooperatively with Macon County Transit as the Lead Agency and its Director in connection with the procurement, implementation and operation of the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County; North Carolina, Clay County, North Carolina, Cherokeé County, North Section 2. Purposes of Agreement. The purposes of this Agreement ("Agreement") are (a). To allow the Procuring Agent to obtain proposals for demand response scheduling and routing software, tablets, web portal, interactive voice response telephone system as part of the One Call One Click initlative for the SoNCVet: Southwestern NÇ One-Cail One-Click Center for! Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina In accordance with applicable Federal and State law, and to enable procurement of the same by the Procuring Agent for Itself and the Princlpals as provided (b). For the Procuring Agent and the Princlpals to agree to cooperatively implement within Macon County, North Carolina, Clay Counly, North Carolina, Cherokee Çounty, North Carolina and Swain County, North Carolina, the SoNCVet: Southwestem NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, in accordance with applicable Federal and State law, as provided for herein; (c). For the Procuring Agent and the Principal to agree to. cooperalively operate within Macon County, North Carolina, Clay County. North Carolina, Cherokee Çounty, North Carolina and Swain County, North Carolina, the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportalion project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Caroilna, in accordance with applicable Federal and State law, as provided for herein.  Carolina and Swain County, North Carolina.  threefoid as follows:  forherein;  and  3    Section 3. Delegation of Authority. The Principals hereby delegate unto the Pracuring Agent the authority to conduct a Request for Proposal for the Principals and the Procuring Agent for the purchase, dellvery and installation of demand response routing ard scheduling software, including regional coordination, tablets, web access and interactive voice response telephone system (referred to hereafter as "Goods and Services") for the SoNCVet: Southwestem NC One-Call One-Click Center for Veterans Transportation project In Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Caroline, and in accordance with the Public Transportation Section 5309 Capital Grant Agreement between the State of North Carolina and Macon County, DOT Number; DOT-19, and Project Number: 13-04-0052 hereinafter referred to as the "Grant Agreement") )a copy of which Is on file with Macon County Transit and is incorporated herein by reference, and do hereby rafify in full its efforts in that regard. The Principals do further delegate unto the Procuring Agent the authority to enter into procurement a contract for the purchase of the Goods and Services on behalf of the Procuring Agent and on behalf of the Principals for the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project In Macon County, North Carollna, Clay County, North Carolina, Cherokee County, North Carolina and Swaln County,. North Carolina, in accordance with the Public Transporialion Section 5309 Capital Grant Agreement between the State of North Carolina and Macon County, DOT Number: DOT-19, and Project Number: 13-04-0052( hereinafter referred to as the "Grant Agreement)a copy of which is on file with Macon County Transit and. Is incorporated herein by reference. This Agreement does not obligate the Procuring Agent or the Principals to purchase Section 4. Effective Date of Apreement. This Agreement shall become effective on February Section 5. Procurement Procedures. This Procurement shall follow the requirements set forth in the North Carolina General Statutes 143-129.8 and in the Federal Transportation Authority (FTA) Circular 4220,1F. All Terms and Conditlons set forth in the Request for Proposal document dated November 27, 2013, entitled "SONCVet: Southwestern NÇ One-Call One-Click Center for Veterans Transportation Macon County, Lead Agency", are hereby incorporated by reference. Macon County shall also comply with Its Public Transportation Section 5309 Capital Program Grant Agreement with the North Carolina Department of Tranaportation, DOT Number: DOT-19, Project Number; 13-04-0052. All Principals shall cooperate with the Procuring Agent and agree to comply with all those requirements applicable to the Procuring Agent imposed by the Procuring Agency's Public Transportation Section 5309 Capital Program Grant Agreement with the North Carolina Department of Transportation, DOT Number: DOT-19, Project Number: 13-04-0052 and the FTAI Master Agreement. Section 6. Award of Contract. The proposals shail be reviewed by the Transit Director for Macon County Transit and the Transit Director will present a recommendation to the Macon County Commissioners for the award of the procurement contract for the SoNCVet: Southwestern NÇ One-Call One-Click Canter for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina, and Swain County, North Carolina. All parties hereto shali comply with the provisions of! N.C, Gen. Stat. $ 143-128.8 (d) which provides that such proposals shall not be subject to public inspection unti a contract is awarded. The Macon County Board of Commissioners may consider, but is not bound by the recommendation. Macon County, within its sole discretion, will award any procurement contract. Once the procurement contract has boen executed by the Procuring Agent for the benefit of the Procuring Agent and the Principals and the vendor, acopy.  any of the Goods or Services.. 2014.  of procurement contract shall be forwarded to the Principals.  4    Section 7. Record Retention. The Procuring Agent and the Principais agree to retain all documentation relating to the procurement for a period of not less than five years after the date of the last delivery pursuant to the procurement, except in the event of litigation or settiement of claims arising from the performance of the procurement contract(s). in which case the Procuring Agent and Princlpals agree to maintain same until all such Iitigation, appeals, clalms or Southwestern NC One-Call One-Cliçk Center for Veterans Transportation project in Macon County, North Carolina, Clay Çounty, North Carolina, Cherokee County, North Carolina and Swain County, North Carollna, and through Macon Transit Agency and its Director shall) lead the procurement of the Goods and Services needed for the SoNCVet:. Southwestem NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North. Carollna and Swain County, North Carolina, All other parties hereto and their Transit Agencies and Transit Directors agree to and shall work cooperatively with Macon County Transit as the Lead Agency and its Director in connection with the procurement of goods and services necessary for the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carollna and Swaln County, North Carolina, as proposed In the Grant Proposal prepared by Kim Angel, Transit Director for Macon County Transit, dated April 19, 2012, (hereinafter referred to as the "Grant Proposal")a copy of which is on" file with Macon County Transit and is incorporated herein by reference, and in açcordance with the terms of the Public Transportation Section 5309 Capital Grant Agreement between the State of North Carolina and Macon County, DOT Number: DOT-19, and Project Number: 13-04- 0052( hereinafter referred to as the "Grant Agreement" )a copy of which Is on flle with Macon Section 9, implementation, Macon County as. the Lead Agency for the SoNCVet: Southwestern NC One-Call. One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay. County, North Carollna, Cherokee County, North Carolina and Swaln County, North Carolina, and through Macon Transit Agency and lts Director shall lead the implementation thereof in cooperation with the Transit Directors of the Transit Agencles of the other parties hereto. All other parties hereto and their Transit Agencles and Transit Directors agree to and shall work cooperatively with Macon County Transit as the Lead Agency and Its Director as wel! as the vendor selected In connection with the implementation of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transpprtation in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, as proposed In the Grant Proposal prepared by Kim Angel, Transit Director for Macon County Transit, dated April 19, 2012, (hereinafter referred to as the "Grant Proposal")a copy of which is on file with Macon County Transit and is incorporated herein by reference, and In accordance with the terms of the Public Transportation Section 5309 Capital Grant Agreement between the State of North Carolina and Macon County, DOT Number: DOT- 19, and Project Number: 13-04-0052( hereinafter referred to as the "Grant Agreement")a a copy of whichi is on fie with Macon County Transit and is incorporated herein byr reference. Sectlon 10. Operation. Macon County as the Lead Agency for the SoNCVet; Southwestern NÇ One-Call One-Click Center for Veterans Transportation project in Macon County, North Carollna, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, and through Macon Transit Agency and its Director shall lead the operation thereof In cooperation with the Transit Directors of the Transit Agençies of the other parties  exception related thereto have been resolved. Section 8. Procurement  Macon County as the Lead Agenoy for the SoNCVet:  County Transit and Is Incorporated herein by reference.  5    hereto. All other parties hereto and their Transit Agencles and Transit Directors agree to and shall work cooperatively with Macon County Transit as the Lead Agency and its Director in connection with the operation of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation in Macon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina, as proposed in the Grant Proposal prepared by Kim Angel, Transit Director for Macon County Transit, dated April 19, 2012, (H hereinafter referred to as the "Grant Proposal" )a copy of which is on fle with Macon County Transit and is incorporated herein by reference, andi in accordance with the terms of the Public Transportation Section 5309 Capital Grant Agreement between the State of North Carolina and Maçon Counfy, DOT Number: DOT-19, and Project Number; 13-04-0052/ hereinafler referred to as the "Grant Agreement")a copy ofv which is on file with Macon County (a) Duration. This Agreement shall be 60-months unless terminated earlier by mutual agresment. The Agreement may be extended for such additional time as the parties all deem appropriate. The governing body of each party hereto has determined that this duration Is reasonable by their approval and execution hereof. On such termination, obligations of either side that are stll executory are hereby discharged, but any rights. based on prior breach or (b) performance Amendment survive. and Termination. This Agreement may be amended, by mutual agreement of the parties. This Agreement Is terminated at the end ofi its duration as provided for herein or as hereinafter modified or may be terminated in accordance with the Agreement of all oft the parties (C) hereto. Benefit ofA Agreement. This Agreement is for the benefit of only the partles hereto and not Agreement to conduct a procurement as described In this Agreement and to enter the procurement contract for the benefit of the Procuring Agent and the Principals, also as described In this Agreement. Inperforming under this Agreement, the Procuring Agent is acting as the agent on behalf of the Principals, and on Its own behalf and the Procuring Agent may also purchase Goods and Serviçes for Itself from the same procurement contract. The Procuring Agent does not warrant, or. give any opinion, that this procedure, by which the procuring Agent solicits proposals and enters into procurement contract on behalf of the Principals, wil be successful or effective. The Principals shall not hold the Procuring Agent liable for any deficiencies in, or fallure of, this procedure. The Principals shall indemnify the Procuring Agent for, and hold the Procuring Agent harmless from, any claim by any person, firm, or corporation regarding this procedure or regarding the sale or purchase oft the Goods and Services. The PROCURING AGENT SHALL NOT BE LIABLE TO THE PRINCIPALS ON ANY EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO MERCHANTIABILTY OR FITNESS FOR A PARTICULAR PURPOSE) with respact to any of the Goods and Services. The parties hereto agree to procure, implement and operate the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, Clay County, North Carolina, Cherokee Çounty, North Carolina () Method of Financing the Undertaking, Including the Apportionment of Costs and Revenues. The procurement of the Goods and Services for the SoNCVet: Southwestern NC One-Call One-  Transit and is Inçorporated herein by reference. Section 11. Miscellaneous.  any other person, firm, or corporation. (e) Nature of Agreement and Transaction,  Macon County has the responsibility under thls  Into  and Swain County, North Carolina, as provided for hereinabove. Cliçk Center for Veterans Transportation will be financed as follows:  6    Federal Funds in the amount of 80% of the actual net cost of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation, not in excess of $459,873.00 from the Macon Counly shall pay the sum of $18,110.00 unto Macon County as its share of the local share for the remaining 20% of the actual net cost of the SoNCVet: Southwestern NC One-Call "in-kind" One Click Center for Veterans Transportation. In addition, Macon County shall provide contributions to the project having a value of $6,250.00, and such" "in kind contributions must be Clay County shall pay the sum of $18,110.00 unto Macon County, upon Its execution of this Agreement as It share of the local share for the remaining 20% of the actual net cost of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation. The same shall be held by Macon County and used by it solely for this project. In addition, Clay County shail provide "in-kind" contributions to the project having a value of $8,250.00, and such" "in kind Cherokee County shall pay the sum of $18,110.00 unto Macon County as it's share of the local. share for the remaining 20% of the actual net cost of the SoNCVet: Southwestem NC One-Call One Click Center for Veterans Transportation. The same shalll be held by Macon County and used by it solely for this project. In addition, Cherokee County shall provide 'in-kind" contributions to the praject having a value of $6,250.00, and such "in kind contributions mustbe The State of Franklin Health Council, Inc., a North Carolina Non-Profit Corporation, shall pay the sum of $16,500.00 unto. Macon County as It share of the local share for the remaining 20% of the actual net cost oft the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation. The same shall be held by Macon County and used by itsolely for this praject., Ine addition, The State of Franklin Health Councll, Inc., shall provide "in-kind" contributions to the project having a value of $6,250.00, and such' "in kind contributions must be approved by the  GrantAgreemant: above-teferenced;  approved by the FTA;  contributions must be approved by thel FTA;  approved byt the FTA;  FTA;  Each party herelo shall pay for all its employees which are required lo implement and operate the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project Each party hereto shal! be entitled to the fares that it charges for the rides that lt provides through the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation (g) Each party herelo shall at its sole expense during the term of this Agreement maintain, repalr and if necessary replace such equlpment placed into service in its home County for use in connection with this project. Each party hereto shall be responsible for payment of all maintenance and service fees, hosting fees and dats charges incurred within their County for (h) years Each 2-5. party hereto shall ratify this Agreement by resolution of the its Governing Board and  cooperatively with the. other parties hereto. project cooparatively with the other parties hereto.  spread the same upon Rs minutes.  7    Section 12 Governing Law and Forum. This Agreement shall be construed and interpreted of ina accordance with the laws of North Carolina. The exclusive forum for all actions arising out this Agreement, that are between the parties to this Agreement, shall be the North Carolina Section 13. Macon County Policy. Macon County is committed to ensuring that no person is excluded from participating in or denied the bensfits of any of the county's services on the basis Title of race, color, national origln, sex, age, disability or socioeconomic status as protected by VI of the Civil Rights Act of 1964 and the Executive Order on Environmental Justice. Anyone or believing to have been subjected to discrimination under Title VI byt the county, its employees This Agreement has been executed by the Principals and the Procuring Agent by and through  General Court of. Justice, in North Carolina.  agents, are entitled to fie a complaint. duly authorized represeniatives.  8    Maçon By:  Name and Title ATTESTE  E  REKT  Clerk  PREAUDIT CERTIFICATE Thisi instrument has been preadudited in the manner required byt the Local Government Budget and Fiscal Control Act. This the Eayd yot Aprlao Finance Officer untau  Macon County  9    Clay County, NC BRC CACG Gana2 Nameland" Title PAUL R PREAUDIT CERTIFICATE This instrument has been preadudited Int the manner required by thel Local Government Budget and Fiscal Control Act. This the Rd dayot Febag 2014. Clay County elais  Clerk  10    Cherokee County, NC By Name and Titie ATTEST: a plan Mara Hacs PREAUDIT CERTIFICATE This instrument has been preadudited in the manner requlred by the Local Government Budget and Flscal ControiAct. This the 5lyo. Marh,2014. Andymbinib Cherokee Courty Finance Officer  Lan Paasfansdarye  kiClerk  11    The State of Franklin Health Council, Inc. A North Carolina Non-Profit Cgpporation By:, Bttom. Dethe MSay Name and Title  an  12    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE:  January 10, 2017 Solid Waste  DEPARTMENT/AGENCY:  SUBJECT MATTER: Waterline Project on Pannell Lane DEPARTMENT HEAD COMMENTS/RECOMMENDATION:  As an ancillary project associated with the construction of the new landfill phase (Phase III), the Solid Waste Department previously discussed with the Board of Commissioners the replacement of an existing waterline along Pannell Lane. With general agreement of the project, funds were secured to complete this project as part of the debt service package on the new phase. The purpose of this project is to upsize the line from 4-inches to 6-inches to accommodate the installation of hydrants for fire protection for the new landfill. Additionally, during installation of the new line, it was proposed that the County seek to reach an agreement with the property owners along Pannell Lane for the County to provide owners with a free connection to the Town of Franklin's public water supply; and, certified abandonment of their drinking water wells. While every protective measure has gone into the design and construction of the new landfill, these wells are the closest in vicinity to the new and future cells in Phase III. Further, these properties directly abut the County's previous public water connection program relative to the Old Franklin Landfill. Therefore, ifit is the pleasure ofthe Board, I would request that authorization to proceed with this project, installing +/- 1000-feet of 6-inch waterline along Pannell Lane. would further request that the Board authorize the County Attorney to draft and the County enter into an interlocal agreement with the Town of Franklin whereby the Town would accept ownership of the line upon completion. Additionally, authorize the County Attorney to draft agreements with the Pannell Lane property owners for easements and access to complete connection to the public water supply. Should agreements be reached    with all parties, it is preferred that the waterline be constructed along the western edge of Pannell Lane. Should we not be able to reach satisfactory agreements with the property owners, the line would be installed along the eastern edge of Pannell Lane, entirely on County- owned property. Finally, I would ask the Board to approve a resolution drafted by the County Attorney to exempt the bid process and enter into a contract with McGill Associates for engineering services, under $50,000.00, associated with the proposed construction oft the waterline, COUNTY MANAGER'S COMMENTS/RECOMMENDATION:  Attachments Agenda Item 10B  Yes XNo    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: January 10, 2017 DEPARTMENT/AGENCY: Transportation (NCDOT)  North Carolina Department of  SUBJECT MATTER: Sanders Road resolution request  COMMENTS/RECOMMENDATION:  Please see the attached letter from NCDOT District Engineer Andy Russell, who will be at the meeting to request the board's support of the condemnation of certain parcels along SR 1139 (Sanders Road). We are anticipating that Mr. Russell will provide a sample resolution for the board's  consideration.  Attachments Agenda Item 11A  1 Yes  No    STATE OF NORTH CAROLINA  DEPARTMENT OF IRANSPORTATION  PATMCCRORY GOVERNOR  NICHOLASI.TENMYSON SECRETARY  December1 19, 2016  Mr. Derek Roland Macon County Manager 5 West Main Street Franklin, NC 28734 Dear Mr. Rowland;  The North Carolina Department ofTransportation has recently received a formal letter from Macon County property owners along SR1139, Sanders Road, request the department toj proceed with condemnation of 4 parcels for the purpose of securing There are 18 total property owners along Sanders Road, 14 property owners have executed the standard NCDOT right-of-way agreement for purpose oft roadway construction and asphalt paving. The recorded agreements constitute 77.77%ofall property owners along this road and' 78% oft the total roadway frontage. In accordance with North Carolina General Statue, process of condemnation shall be allowed should 75% of all property owners. agree to sign right-of-way and a majority oft the total roadway In order for the Department toj proceed with condemnation, it is requested that the respective Board of County Commissioners pass resolution in support oft the action. Therefore, I am requesting your consideration and presentation ofr resolution supporting condemnation oft remaining parcels along SR1139, Sanders Road, in Macon County. Please feel free to contact. me at 828-321-4105 should you have questions or require  necessaryr right-of-way for secondary road improvements.  frontage is secured.  additional information. Thank you for your assistance.  Sincerely, Andy  Russell District T PE,  Engineer  RECEIVED DEC 22 2016  cc: Road File, SR1139, Sanders Road  COENIYAAINACTRSOFICE    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE:  January 10,2017 Solid Waste  DEPARTMENT/AGENCY:  SUBJECT MATTER: Contract for scrap tire disposal DEPARIMENT HEAD COMMENTS/RECOMMENDATION:  The Solid Waste Department learned that the current vendor for scrap tire recycling has sold their assets to another vendor; US Tire. US Tire has agreed to collect and process scrap tires from Macon County under the terms of the contract with Northeast Georgia Tire (NEGA) for a period lasting up to April 28, 2017. The Solid Waste Director recommends that the Board of Commissioners authorize this short-term contract to avoid interruption of service to local tire retailers. The term of this contract will allow the opportunity to complete the bid process for a new long- term service provider, and may be terminated early upon awarding of  said contract for service.  COUNTY MANAGER'S COMMENTSRECOMMENDATION:  Attachments Agenda Item 11B  Yes XNo    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: January 10,2017  DEPARTMENT/AGENCY: Scaly Mountain Historical Society SUBJECT MATTER: Agreement to provide recreation opportunities  COMMENTS/RECOMMENDATION:  The Finance Director is seeking approval of the attached agreement, which has been updated, and can provide additional details at the meeting.  Attachments Agenda Item 11C  1 Yes  No    STATE OF NORTH CAROLINA COUNTY OF MACON  AGREEMENT TO PROVIDE RECREATION OPPORTUNITIES  THIS AGREEMENT made and entered into this the  day of January, 2017, by and  between Macon County (hereinafter "County"), al North Carolina Body Politic and Corporate, and Scaly Mountain Historical Society, Inc., (hereinafter "Historical Society"), al North Carolina non-  profit corporation.  WITNESSETH:  THAT WHEREAS the State ofNorth Carolina by way ofN.C. Gen. Stat. $ 160A-351 has. established the following as policy for the State ofNorth Carolina concerning recreation: "The lack of adequate recreational programs and facilities isa a menace to thei morals, happiness, and welfare of the people of this State. Making available recreational opportunities for citizens of all ages is a subject of general interest and concern, and af function requiring appropriate action by both State and local government. The General Assemblytherefore declares that thej public good and the general welfare of the citizens of this State require adequate recreation programs, the creation, establishment, and operation of parks and recreation programs is a proper governmental function, and that it is the policy of North Carolina to forever encourage, foster, and provide these facilities and programs for all ofi its citizens."  ;and  WHEREAS, N.C. Gen. Stat. $ 160A-352 provides that "Recreation" means activities that are diversionary in character and aid inj promoting entertainment, pleasure, relaxation, instruction, and other physical, mental and cultural development and leisure time experiences; and  WHEREAS, pursuant tol N.C. Gen. Stat. S 153A-444, the County is authorized to establish WHEREAS, pursuant to N.C. Gen. Stat. S 153A-449, the County is authorized to contract with and appropriate money to any person, association, or corporation, in order to carry out any  parks and provide recreational programs; and  public purpose that the County is authorized by law to engage in; and  WHEREAS, thereisaneed. forr eimogpmtutisinl-sayMbouminsadhae  County, North Carolina; and  1    WHEREAS, Scaly Mountain Historical Society, Inc., (Historical Society), does own a building known as the Old Scaly School House, located at 41 Buck Knob Road, Scaly Mountain, North Carolina 28775 (hereinafter referred to as the Old Scaly School House) and does agree with County as provided for hereinafter for such facility tol be used in part for public "recreation" as that term is defined byl N.C. Gen. Stat. $ 160A-352 and provide recreational opportunities to the general public at such location, and County does agree with Historical Society as provided for hereinafter toappropriate and provide fundst to] Historical Societyin accordance with thej provisions ofN.C. Gen. Stat. $ 153A-4491 to carry out thej public purpose of] providing recreation opportunities to the general  public at the Old Scaly School House.  NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS CONTAINED  HEREINAFTER, THE PARTIES DO HEREBY AGREE. AS FOLLOWS:  1. That Historical Society shall make the Old Scaly School House, located at 41 Buck Knob Road, Scaly Mountain, North Carolina 28775, open and availablet to members ofthe general public during reasonable days and hours for recreation as that term is defined by N.C. Gen. Stat. S 160A-352 for the period between July 1, 2016, and the end of. June 30, 2017, andi it shall provide recreational opportunities to the general public at such location. Thel Historical Society shall perform its obligations ermkcinsmmisiminy, fashion appropriate for public activity and there shall be no discrimination by it on the basis ofrace, County shall pay Historical Society upon the execution of this Agreement the sum of $5,000.00 for making the Old Scaly School House open and available to members of the general public during reasonable days and hours for recreation as that term is defined by N.C. Gen. Stat. $ 160A-352 for the period between July 1,2016, and the end of. June 30, Historical Society shall account to County for its expenditures and uses of the monies provided by County to Historical Society in accordance with paragraph number three above and Historical Society shall use such monies only for the public purpose ofmaking the Old Scaly School House open and available to members. oft the general public during reasonable days and hours for recreation as that term is defined by N.C. Gen. Stat. S 160A-352 for the period between July 1,2 2016, and the end of June 30, 2017, and for providing recreational Historical Society shall at' all times properly maintain the Old Scaly School House in a  2.  sex ori religion in its performance ofs such obligation.  3.  2017, and for providing recreational opportunities to the general public.  4.  opportunities to the general public.  5. 6. 7.  condition for use as as safe place of public recreation. This Agreement shall not be construed to be a lease. Historical Society is an independent contractor.  2    8. Historical society shall maintain throughout the term of this Agreement property damage insurance and liability insurance in amounts as will protect it against any and all damages, liability, loss and. claims to the Historical Society, Old Scaly School House, appurtenances and approaches thereto, in any manner caused directly ori indirectly by, arising from, incident to, or in connection with its use or occupancy of the Old Scaly School House and its County may periodically inspect and monitor Historical Society's performance of its  performance ofi its duties under this Agreement.  9.  obligations hereunder.  10. The laws of the State of North Carolina shall control and govern this Agreement. Any controversy or claim arising out oft this Agreement shall be settled by action instituted ini the appropriate Division ofthe General Court of. Justice in Macon County, North Carolina. 11. This Agreement may be modified only by written agreement executed by thej parties hereto. IN WITNESS WHEREOF, the parties have made and executed this Agreement the day and  year first above written.  Scaly Mountain Historical Society, Inc.  By: President ATTEST:  Secretary  (Corporate Seal) Macon County By:  County Manager  PRE-AUDIT CERTIFICATE  This instrument has been pre-audited in the manner required by the Local Government  Budget and Fiscal Control Act. Macon County Finance Officer  3    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: January 10, 2017  DEPARTMENT/AGENCY: Governing Board  SUBJECTMATTER: Ratification of December 21, 2016 e-mail poll  COMMENTS/RECOMMENDATION:  The board will need to ratify the action taken stemming from the e-mail poll conducted by the County Manager on December 21, 2016 regarding the county acting as its own general contractor for the Robert C. Carpenter Building renovations. For your information, a copy of the e-mail is attached  as well as a copy of the Owner Exemption Affidavit.  Attachments Agenda Item 11D  2 Yes  No    Mike Decker From: Sent: To: Cc: Subject: Attachments: Gentlemen,  Derek Roland drolaind@maconncorg Wednesday, December. 21, 20162:25PM aymaneldseyanocom, 'Karl Gillespie'  'Jim Tate'; pealel95eyahoo.om, weoutoninxepetocom: Jack Morgan; Mike Decker; Chester M.. Jones Attorney at Law'  Robert C. Carpenter Revisions to Affidavit.pdf  As we have previously discussed, in order for the county to act as our own General Contractor for1 the Robert C. Carpenter Building renovations, we must: submit the Owner Exemption Affidavit to the State Licensing Board as required by G.S87-14( (a)(1). With that being said, ineed a consensus to sign this document sO we can move forward with our submission oft the Owner Exemption. Affidavit. Chéster has reviewed this document and made suggestions for some minor changes. Jack M.. has relayed Chester'schanges back to the Licensing Board and they have no issue with them. Ifunanimous consensus is received I will sign the document, and we can take steps to ratify this action at our  January 10, 2017 Board meeting.  Thanks,  Derek C. Roland Macon County Manager 5W.I Main! St. Franklin, NC 28734 (828)-349-2022  1    STATE OF NORTH CAROLINA COUNTYOF  OWNER EXEMPTION. AFFIDAVIT PURSUANT TO G.S.87-14(a)(1)  Inspections Department  Address and Parcel Identification of Real Property Where Building is to be Constructed or Altered:  (Print Full Name)  hereby claim ane exemption from licensure under G.S. 87-1(b)(2) byi initialing the relevant provision in paragraph 1 1. Icertify thatl lam the owner oft the property sett forth above on which this building is tol be  and initialing paragraphs! 2-4b below and attesting to the following:  constructed or altered;  ORmyeow COUNTY, NC/.  lam legally authorized to act on behalf oft thetim worcoperatien whichi is constructing or  altering this building on they property owned by thnr W-ereerporeten, MAtop CouRTy NC  as set forth above-fmams-ef-  2. Iwill personally superintend and managè all aspects of the construction or alternation of the building andi that duty will not be delegated to any person not duly licensed urider thet terms of 3. Iwill be personally present for alli inspections required byt the North Carolina State Building Code, unless the plans for the construction or alteration oft thel building were drawn and sealed by an architect licensed pursuant to Chapter 83A ofthe General Statutes of North Carolina; lunderstand that a copy of this AFFIDAVIT willl bet transmitted to thel North Carolina Licensing Board for General Contractors for verification that lam validly entitled to claim an exemption under G.S. 87-1(b) (2) for thel building construction ora alteration specified herein. Ifurther understand that, ifthe! North Carolina Licensing Board for General Contractors deterines that Iwas not entitled to claim this exemption, thet building permiti issued for the building construction or alteration specified herein shall be revoked pursuant to G.S. 153A-362 or G.S. 160A-422. intendfto personally occupyt the building for atl least 12 consecutive months following completion of construction and do understand ifld do not do so; it creates the presumption under law that  Article 1 of Chapter 87 of the General Statutes of North Carolina;  4.  MAcOR CONP TY, NC fraudulently secured the permit.  MACON SRVPTY (Signature of Affiant) Swom to (or affirmed) and Subscribed before me  Date  MAPAGER thist the.  day of  20  (Notary Stamp or Seal)  Signature of Notary Public Printed Name of Notary Public My Commission! Expires:.  (NOTE: Itis a Class Fi felony to wilfully commit perjury in any affidavit taken pursuant to low-G.S. 14-209)    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: January 10, 2017  DEPARTMENT/AGENCY: Governing Board  SUBJECT MATTER: Ratification of December 28, 2016 e-mail poll  COMMENTS/RECOMMENDATION:  The board will need to ratify the action taken stemming from the e-mail poll conducted by the County Manager on December 28, 2016 regarding the revised pictometry contract. For your information, a copy of the e-mail is attached as well as a copy of the agreement with Pictometry International  Corp.  Attachments Agenda Item 11E  2 Yes  No    Mike Decker From: Sent: To: Cc: Subject: Attachments: Importance: Gentlemen,  Derek Roland droland@maconncorg" Wednesday, December 28, 20161 11:31 AM gaymahieliseyahocom: 'Karl Gillespie' WCABEOMACONNCOG Revised Pictometry Contract Consensus Needed Pictometry FINAL REVISION.pdf  mie,em-sseponont sewersolutionsinc@yahoo.com; Chester M.. Jones Attorney at Law'; Mike Decker; Richard Lightner;  High  Thope each of youl had a great Christmas. As you will recall, the Board of Commissioners approved a contract for Pictometry, subject to changes recommended by the County Attorney at our December13, 2016 Board Meeting. Atthis meeting, the contract presented separated the project into 21 flights, one in 2017 and the second in 2020. The total amount oft this contract was $195,232.99 and was to be paid in 6 annual paymentsofapproainate'y $32,524 beginning Following Chester's review, the amount oft the contract has not changed ($195,232.99). The way in which we would be paying fori it however, has changed. Essentially, by allowing us to pay in 6annual payments as originally proposed, Pictometry was offering us interest free financing, which is not compliant with North Carolina Law (Chester'semail to Bradley Robertson at Pictometry explaining this is below highlighted in' Yellow).. Thus, to be compliant with NC Law we will be required to pay for Pictometry's: services as we receive them which is $97,571.04 by July 31, 2017 for the first. flight project and $97,661.95 by July 31,2020 for the second flight project (2 lump sum payments). As the Pictometry representative stated at the meeting, the company flies counties alla across the United States and must do sO in winter months when canopy cover is minimal. Asar result, contract approvals must be submitted by early January to secure a spot in the annual flight schedule. In Richard's discussion with Pictometry he has informed me that waiting until our. January 10, 2017 meeting could potentially jeopardize our securing a slot in Pictometry's: 2017 flight Irealize the contract as revised is completely different than the contract we discussed on December 13, 2016. Iwill need a unanimous consensus however, to sign the revised contract prior to our discussing it at the. January 10,2017 meeting. Inapproving this contract we would be making it a capital priority in the FY17-18' budget (Our payment for the first project will not be due until. July 31, 2017). To recap the benefits of using the Pictometry product were as Saves us from hiring a new tax appraiser in the tax office to assist with upcoming revaluation. Assists EMS, 911, and Sheriff's Department in preparing for and responding to emergency situations Assists Macon County Building Inspections Department and Environmental Health Department confirming new Pictometry has been used by Macon County since 2010 and we have had agreat working relationship. The software fullyi integrates with our Keystone tax software, ArcGis Mapping software, and 911 CAD system which will allow for as seamless implementation process. While there are other companies out there that can provide the orthogonal imagery, we are noti familiar with the software, nor have a guarantee the software can integrate  July 1, 2017.  schedule.  follows:  structures ora ad-ons to existing structures  successfully with ourt tax, mapping and CAD: software systems.  The revised Pictometry contract (attached) has been approved by our legal counsel  1    Ifyou would please respond bys saying "Yes"! for me to move forward with signing the revised contract prior to the January meeting or "No"i if you would like me to hold off on signing until we can discuss further/would really appreciate it (again no payment is due until next year's budget). lapologize for having to do business in this manner and ifunanimous consensus is received we will ratify this action at our next meeting. The urgency accompanying this situation, again, comes as Pictometry is finalizing their flight schedule for 2017 and we need to secure a slot as soon  as possible to ensure we can use thei imagery in the upcoming revaluation process.  Dear) Bradleys  amD.eptolyou, emmall below Fist, letmesay AEbolimgicmane greaty, appreclates your ompansplerormerestieeimanung oweveT, am AIneppIon-DArLIes CounxsIRaOe thes eresthahtreceres. remsourcompanye receives suchservices inorder forthiscontadicnoeke Asyou-know represent only Macon county andimnoy way PPAEREXOAEPORAD)A Norvihstandngthal ndananaempytes senstzeyotrçompany otnexorcenshatave am gougt OPEoMAIEXOUATIESNY ntommationt thatmay betterneps yolindersundmyconcers. PLEASE BE ADYDDNEDAISISID NOT CFUPONINEORMATIONE THATIPROMIDE TOYOU ASIDO NOT REPRESENT YOUOR YOUR COMPANY INSIEAD. YOLSHOUIDRENE ONL LPONOURCOMPANYSIEGAL  considered af nanengarngements  COUNSEL  Ishort there isnot asimple citationtoar statute loanswer.yoorngus NothGarolinat Counties derivetheir oriyloactronoer State consttutionand1 tromour General Assembly Absentauthontss framoneorthe ather,Narthe Carolina countiesare MIDOURAIRORIN-GAEE Unlikeyou adh orthe-company, thatyouarkfor North Carolina Couhtiesmay notsmmply goto. apank ora vendorenternto general loano1 unancig agreements: Instead, countes are mmitedtor peciictypess marengraugenents Mostofthese rangementsareconsderahymorecompicareds thanattypicalt mnamengaranenents fCounties enten mancigarangenens whichare AISNATVISUIAIPA: mtucopniontatsuch.fnaneng transactions: are subjectto beng questonedtrom a1 legal vaidibancpente SUATASANTONOIANY cauises greate eneem.opbolbpartes toanysuch mnanemng ATATSTTNLORCANTES: which comansmancing Thecosts coudbcitxtremes hightothes County am Ataehmgaoy0a Nce-fronGountyand-Munopa ovemnmehtin.NorthCaron; entitled Fmancing CaptatProect wchwas wiitten-by Professor KaraA Milonzi, at-the NG School of Goverment, Hopefully, thiswillheps ouand ourcompany Detterunderstand When-teyduateds your, company scontract proposaTOMACen ountys, tappearedthatsygircompany graciously offéredtol letMaconCounty. pay overasixs year perod amolt heopinonththatthsgacious Offer essehtiallyofters interestirec fmanengandt thus constitutes manengot the sums que underthecontract proposalto Maconcounty Asyourcansee your companyst contract proposals snou structuredanta manner by which Macon Countycanborow seearticle above) knewmy opinion NOIroinecessarly, bewell eeeivedandsot Tocanmmygpnon before doiveringit, contacted Protessor Kara MloniattheNG SchoolefG Govemmentat UNG hapel Hillto getl heropinons as wel. We diseussedyours companys contract proposalto. Macon County andthe payment provisions: ofthes same Sheconcurred withme thatthesame was ssentalyinterestireetinaneing Shelikewise indicatedtntsnesharesharmyconcer AMHAueNtnaneingte  myconcerns concemning mnancing arrangements: for countiess vortg Carolinal  Macon Countysasnotomplants withNClaw  hopeIRofsuneRe Chester M.Jones AttorneyAtlaw 122West Boulevard Franklin, NG28734:2927 FIRF.P-T.  2    3    AGREEMENT BETWEEN MACON COUNTY,NC ("CUSTOMER")  PICTOMETRY INTERNATIONAL CORP. PICTOMBTRY) AND  1. This order form ("Order Form" ),i in combination with the contract components listed below:  Section. A: Product Descriptions, Prices andl Payment Terms Section) B:I License Terms: Delivered Content Terms and Conditions ofUse Online Services General Terms and Conditions Software License. Agreement Section C:Non-Standard Terms and Conditions  (all ofwhich, collectively, constitute this' "Agreemen!"): set forth the entire understanding between] Pictometry and Customer with respect tot the subject matter hereof and: supersedes all prior representations, agreements and arrangements, whether oral or written, relating to the subject matter hereof. Any modifications to1 this Agreement must be made in writing and be signed by duly authorized officers of each party. Any purchase order or similar document issued by Customer in connection" with this Agreementi isi issued solely for Customer'si internal administrative purposes and the terms and conditions set forth on any such 2. Int the event of any conflict among any contract components comprising this Agreement, order of precedence for resolving such conflict shall be, from highest (i.e., supersedes all others) to lowest (.e., subordinate to all others): Non-Standard Terms and Conditions; Product Descriptions, Prices and Payment Terms; License Terms in order as listed above under thel heading Section  purchase order shall be oft no: force ore effect as between thej parties.  B:License" Terms'; and Order Form. CUSTOMERNOIIC: ADDRESS Courthouse. Annex, 5 West! Main Street Franklin, NC 28744 Attn: Wesley Hall, GIS Analyst Phone: (828) 349-2219  3. All notices under this Agreement shall bei in writing ands shalll be sent to the following respective addresses:  PICTOMEIRYNOTICEADDRESSE 251 Methodist Hilll Drive Rochester, NY 14623 Attn: Contract Administration Phone: (585)486-0093 Fax: (585) 486-0098  Either party may change their respective notice address by giving written notice ofs such change to the other party at the other party'sthen-current: notice address. Notices shall be given by any oft the following methods: personal delivery; reputable express courier providing written receipt; or postage-paid certified or registered United States mail, return receipt requested. Notice shall 4. This Agreement, including all licenses granted pursuant toi it, shall be binding upon andi inure tot thel benefit oft the parties hereto, their successors and permitted assigns, buts shall not be assignable by either party except that ( Pictometry shall have the right to assigni its right to receive. Fees under this Agreement, provided nos such assignment shall affect) Pictometry's obligations hereunder, and (ii) Pictometry shalll have the rightt to assign all its rights under this Agreement to any person or entity, provided the assignee 5. INNOEVENT SHALL EITHER: PARTY BEI LIABLE, UNDER. ANY CAUSE OF ACTION OF ANY KIND ARISING OUT OF ORI RELATED TOTHIS. AGREEMENT (INCLUDING UNDER THEORIESI INVOLVINGTORT, CONTRACT, NEGLIGENCE, STRICTLIABILITY, OR BREACHO OF WARRANTY), FOR ANYLOSTPROFITS ORFORANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIALI DAMAGES SUFFERED BY THE OTHER: PARTY OR OTHERS, EVEN: IF Al PARTY HASI BEEN ADVISED OF THE POSSIBILITY OF SUCHI DAMAGES. 6. With respect to any claims that Customer may have or assert against. Pictometry on any matter relating to this Agreement, the totall liability of Pictometry shall, in the aggregate, be limited to the aggregate amounti received by Pictometry pursuant to this 7. The waiver by either party of any default by the other shall not waive subsequent defaults oft the same or different kind. 8. Int the event that any oft the provisions ofthis Agreement shall bel held bya a court or other tribunal of competent jurisdiction tol be unenforceable, such provision willl be enforcedi to the maximum extent permissible and the remaining portions ofthis Agreement  be deemed given when actually received or when delivery is refused.  has assumed all of] Pictometry's obligations under this Agreement.  Agreement.  shall remain in full force and effect.  Pagel 1of18  Macon County, NC- - C184644: 2016-12-22  DD-0002-20160318    9. Pictometry shalli not be responsible for any failure oni its part toj perform due to unforeseen circumstances ort to causes beyond Pictometin'sreasonable control, including but not limited to acts ofGod, war, riot, embargoes, acts ofo civil or military authorities, fire, weather, floods, accidents, strikes, failuret to obtain export liçenses or shortages or delays oft transportation, facilities, fuel, energy, supplies, labor or materials. Int the event of any such delay, Pictometry: may defer performance for aj period oft time 10. Inc consideration of, and subject to, payment by Customer oft the Fees specified: in Section A ofthis Agreement, Pictometry agrees toj provide Customer with access to and use ofthe products specified in Section A ofthis Agreement, subject to the terms and conditions set forthi int this Agreement. Customer hereby agrees toj payt the Fees specified: in Section. A ofthis Agreement in accordance with the stated payment terms and accepts and agrees to abide by the terms of this Agreement. This Agreement shall become effective upon execution by duly authorized officers ofCustomer and Pictometry and receipt by Pictometry of such fully executed document, such date ofreceipt byl Pictometry being the" "Effective Date."  reasonably related to the time and nature of the cause ofthe delay.  PARTIES: CUSTOMER MACON COUNTY,NC (entity type) SIGNATURE: NAME: TITLE: DATE:  PICTOMBIRY PICTOMETRY INTERNATIONAL CORP. al Delaware corporation SIGNATURE: NAME: TITLE: EXECUTION DATE:  DATE OF RECEIFTEPFECTIVE DATE):  Page 2of18  Macon County, NC- C1B46442016-12-22  DD-0002-20160318    SECTION A Pictometry International Corp. 251 Methodistl Hill Drive Rochester, NY 14623 BIELTO: Macon County, NC Wesley Hall, GIS Analyst Courthouse. Annex, 5 West Main Street Franklin, NC 28744 (828)349-2219 whall@macome.org - CUSTOMERI ID A119861 HRSTPROECT QTY RRODUCINAME: 466 -4-way (C5)(9in)-Per Sector  PRODUCT DESCRIPTIONS, PRICES AND PAYMENT TERMS  ORDERH C184644  SHIPTO Macon County,NC Wesley Hall, GIS Analyst Courthouse Annex,5 West! Main Street Franklin, NC 28744 (828)349-2219 whall@maconnc.org  SALESREP brobe  REQUENCYOFFROIRET Triennial PRICE() $63.75 (15.0%)  PRODLCTDESCRIFTON way), 9-inch GSD orthogonal frame images, 1-meter GSD ortho mosaics sector tiles and one area-wide I-meter GSD mosaic (ECW format). Orthogonal GSD: 0.75 feet/pixel; Nominal Oblique GSD (all values +/-10%): Frontl Line: 0.74 feet/pixel, Middiel Line: 0.851 feet/pixel, Back Line: 1.00 feet/pixel. Applicable Terms and Conditions: Delivered Content Terms and Conditions ofUse Producti includes: 3-inch GSD obliquei frame images (4- ortho mosaic sectort tiles and one area-wide I-meter GSD mosaic (ECW1 format). Orthogonal GSD: 0.25 feet/pixel; Nominal Oblique GSD (all values +/-10%): Front Line: 0.24: feet/pixel, Middlel Line: 0.281 feet/pixel, Back Line: 0.341 feet/pixel. Applicable Terms and Conditions: Delivered Content Terms and Conditions ofUse Building Outline datai from this order OR from an against thel Imagery Data Source indicated int the] Product Parameters. For Pictometry imagery- -t the most nadir orthorectified orthogonal framei image within the associated Data Source indicated int thel Product Parameters willl bet used forp processing by default. AccuPLUS tiles willl be used by defaulti ifpurchased with the associated! Data Sourcei indicatedi int thel Product Parameters. Ani updated Building Outline delivery willl be providedi inp polygons shapefiles and. gdbf format. The final parcel count for this order willl bel based ont the total record count oft the final parcel file provided by Customer att the timet thep projecti isi initiated." The Customer will be invoiced for any additional costs based ont thef final number ofp parcels, including any changesi int tiered pricing asar resulto ofac changei iny volume, att thet time ofs shipment ofthec deliverable. Applicable' Terms and Conditions: Delivered Content Terms and Conditions ofUse most nadir orthorectified orthogonal frame imagey within thea associated Data Sourcei indicated int the! Product Parameters willl be used forp processing by default. AccuPLUS tiles willl bei used by defaulti ifpurchased with the associated Data Sourcei indicated int thel Product Parameters. Building Outline delivery will bep provided in polygons shapefile and. gdbf format. The final parcel count fort this order will be! basedo ont thet total record count ofth the final parcel file provided by Customer at thet timet the project isi initiated. The Customer will bei invoicedf for any additional costs based ont thef final number ofp parcels, Macon County, NC- C1846442 2016-12-22  BIST PRICE DISCOUNT AMOINIT  MAGERY-COMMUNITY Product includes 9-inch GSD oblique framei images (4-  $75.00  $29,707.50  62  IMAGERY- (N5)(3in). Per Sector  $450.00  $382.50 $23,715.00 (15.0%)  NEIGHBORHOOD: 4-way way), 3-inch GSD orthogonalf framei images, 1-meter GSD  43,985  ChangeFi inder- Change Electronic Parcel Files  $0.37  $16,274.45  Detection with Customer's approved) Data Source willl beu updated: and categorized  43,985  ChangeFinder- Building Outlines will be generated offt the data source indicatedi in Outlines with Customer's thel Product Parameters. Forl Pictometry imagery- the  $0.35  $15,394.75  Electronic Parcel Files  Page 3of18  DD-0002-20160318    including any changesi int tiered pricinga as aresult ofa changei iny volume, att thet time ofs shipment ofthe deliverable. Applicable' Terms and Conditions: Delivered Content Terms and Conditions ofUse upt tol 100 concurrent authorized userst thes abilityt to login and access thel Pictometry-hosted customi imagery libraries specifiede elsewhere: int this Agreement viaay web- based, server-based or desktopi integration. The default deployment ist through web-based Pictometry Connect. Term commences ond date ofactivation. License' Term: 3 Year(s) Applicable' Terms and Conditions: Online Services General' Terms and Conditions,Soware License Agreement Fullo conference registration tos advanced training designed tor maximize deployment, Includes airfare,! hotel room for upt tot three nights, event registration, andi round-trip airfare upt to $500. Customer will bep provided with discount codet toc complete. FutureViewi registration. (Air Travel Restrictions- 30d day advance purchase fora airfare, per person: round tripa airfare ats standard coach class rates through) Pictometry'st travel provider only.)N Must be redeemed within three years ofa agreement execution date. Applicable' Terms and Conditions: Order Form New processing or re-processing tol MrSID ofi individual tiles of9-inch GSDi imagery. Tiles are provided" "asi is." Refert tol Product] Parameters for additional details. Applicable" Terms and Conditions: Delivered Content Terms and Conditions ofUse Newp processing orr re-processing of MisI area-wide mosaics of9-inch GSDi imagery. Tiles arep provided' as is." Refer to Product Parameters: for additional details. Applicable Terms and Conditions: Delivered Content Terms and Conditions ofUse media prices include copyinga complete image library onto media. Sub-warehousing solds separately. Applicable" Terms and Conditions: Order Form New processing orr re-processing of! MrSID area-wide mosaics of3-inch GSDi imagery. Tiles are provided" "as is." Refer to Product Parameters: for additional details. Applicable Terms and Conditions: Delivered Content Terms and Conditions ofUse New) processing orr re-processing tol MrSID ofi individual tiles of3 3-inch GSDi imagery. Tiles are provided' "asi is." Refer to Product Parameters: for additional details. Applicable' Terms and Conditions: Delivered Content Terms and Conditions ofUse 9-inch GSDI Mosaic' Tilesi in. JPGI Format. Tiles are provided" "as is." Refert tol Product! Parameters for additional details. Applicable' Terms and Conditions: Delivered Content Terms and Conditions ofUse 3-inch GSDI Mosaic' Tiles inJ JPGI Format. Tiles are provided' "as is." Refert tol Product Parameters for additional details. Applicable Terms and Conditions: Delivered Content Terms and Conditions ofUse Sessions, one (1)4 Advanced User Technical' Training, one (1) Administration/ /ITT Training Session, fifteen (15) hours oftelephone support, one copy ofPictometry Electronic: Field Study (EFS)s software, latest version, on thes storage media specified herein, anda accesst to download updated versions oft the EFSI Licensed Soflware Macon County, NC-C1846442 2016-12-22  Pictometry Connect- CA- Pictometry Connect CA- 100 (Custom. Access) provides  $9,900.00  $6,599.34 (33.34%)  $6,599.34  100  2  FutureView. Advanced Training (Full)  $2,499.00  $4,998.00  466  Mosaic Area' Wide (9in Available with purchase ofc corresponding tilep product.  $0.50  $233.00  GSD; MrSI format; individual) Per Sector GSD; MrSID: format, combined)Per Sector Drive Model IT- EXTPOWER GSD; MrSD format, combined) Per Sector GSD, MrSID format; individual) Per Sector JPGI format) Per Sector  404  Mosaic- Area Wide (9in Available with purchase ofc corresponding tile product.  $0.50  $202.00  Medial Drive Capacity 931G- External USB: 2.0/eSATA Externally Powered. Delivery Mosaic- Areal Wide (3in Available with purchase ofo corresponding tilep product.  $199.00 $2.00  $199.00 $124.00  62  62  Mosaic Area Wide (3in Available with purchase of corresponding tilep product.  $2.00  $124.00  466  Tiles- Standard (9in GSD; Available with corresponding 9" GSD imagery purchase.  $10.00  $0.00 (100.0%)  $0.00  62  Tiles- Standard (3in GSD; Available with corresponding: 3" GSDi imagery purchase,  $20.00  $0.00 (100,0%)  $0.00  JPG format) Per Sector  Oblique Imagery Bundle Includes digital copy oft thel Licensed) Documentation: for with Three (3) Years ofEFS the License Software, two (2) End User Training  $0.00  $0.00  Maintenance & Support  Page 4of18  DD-0002-20160318    fora aj period oft three years from thei initial date of shipment ofthe EFS software, alongy with a copy ofthe updated documentation. Applicable Terms and Conditions: Software License Agreement Pictometry CONNECTAssessment: allows a user the abilityt tol logi in and access Pictometry ChangeFinder data and! Pictometry-hosted: imageryl libraries, which! have been licensedt tot the Customer ands specified elsewhere int this Agreement, viaa a web-based: application. Thei number of concurrent: authorized users is specifiedi in Customer's existing Connect agreement. Access runs concurrent with last activation (ands scheduled expiration) ofthe Customer's existing Connect account, This offering requires an activel Pictometry CONNECT: account. Applicable Terms and Conditions: Online Services General Terms and Conditions RapidAccess- Disaster Response Programi is an emergency response program offering flightsa after an emergency or disaster. Refer tot the attached detailed description oft the Disaster. Response Program. Applicable" Termsa and Conditions: Order Form Applicable' Terms and Conditions: Software License  Pictometry CONNECTAssessment  $5,000.00  $0.00 (100.0%)  $0.00  RapidAccess- Disaster Response Program  $0.00 $0.00  $0.00 $0.00 $97,571.04  Electronic Field Study (EFS) One copy of Electronic! Field Studys software, latest  version. Agreement  SUBTOTAL-FIRSTI PROJECT  SECONDPROIECT QTY 466  PRODICTNAME 4-way (C5)(9in)-Per Sector  RODUCTDESERIFTION way), 9-inch GSD orthogonal framei images, 1-meter GSD ortho mosaic sector tiles ando one area-widel 1-meter GSD. mosaic (ECWf format). Orthogonal GSD: 0.75 feet/pixel; Nominal Oblique GSD (all values +/-10%): Front Line: 0.74: feet/pixel, Middle Line: 0.85 feet/pixel, Back Line; 1.001 feet/pixel. Applicable Terms and Conditions: Delivered Content Terms and Conditions of Use Product includes: 3-inch GSD oblique framei images (4- ortho mosaic sectort tiles and one area-widel 1-meter GSD mosaiç (ECW format). Orthogonal GSD: 0.25 feet/pixel; Nominal Oblique GSD (all values +/-10%): Front Line: 0.24 feet/pixel, Middle Line: 0.28 feet/pixel, Back Line: 0.341 feet/pixel. Applicable Terms and Conditions: Delivered Content Terms and Conditions ofUse Building Outline datai from this order OR from an against thel Imagery) Data Sourcei indiçatedi int thel Product Parameters. For Pictometry imagery- ther most: nadir orthorectified orthogonal frame image withint the associated. Data Source indicated: int the Product Parameters will be used for processing by defauit. AccuPLUS tiles willl bet used by default ifp purchased with the associated Data Sourcei indicated int thel Product Parameters. An updated Building Outline delivery willl be providedi inp polygon shapefile and. gdbf format. Thei final parcel count fort this order will beb based ont thet totali record count ofthef finalj parcel file provided! by Customer att the time the projecti isi initiated. The Customer will be invoiced for any additional costs based ont the final number ofparceis, including any changesi int tiered pricing asa ar resulto ofac changei in volume, att the time ofs shipment oft the deliverable. Applicable Terms and Conditions: Delivered Content Terms and Conditions ofUse upto 100 concurrent: authorized users the abilityt tol login anda accesst the Pictometry-hosted. customi imagery libraries specified elsewhere int this Agreement viaav web- based, server-based or desktop integration." The default Macon County, NC-C1846442016-1222  LISTPRICE DISCOUNT AMOUNT  PRICK6) $71.25 $33,202.50 (5.0%)  IMAGERY- COMMUNITY Producti includes! 9-inch GSDC oblique frame images (4-  $75.00  62  IMAGERY- (N5)(3in)) Per Sector  $450.00  $427.50 (5.0%)  $26,505.00  NBIGHBORHOOD- 4-way way), 3-inch GSD orthogonal frame images, 1-meter GSD  43,985  ChangeFinder- ( Change Electronic! Parcel Files  $0.37  $16,274.45  Detection with Customer's approved Data Source willl be updated ando categorized  Pictometry Connect -CA- Pictometry Connect- CA-1 100 (Custom. Access) provides  $9,900.00  $9,900.00  100  Page 50 of18  DD-0002-20160318    deployment is through web-based! Pictometry Connect. Term commences ond date ofa activation. License Term: 3Year(s) Applicable Terms and Conditions: Online Services General' Terms and Conditions,solfware, License Agreement Full conference registration toa advancedt training designed tor maximize deployment. Includes airfàre, hotel room for upt tot threer nights, event registration, and round-trip airfare upt to $500. Customer will bej provided with discount code toc complete FutureViewi registration. (Air Travel Restrictions- 300 day advance purchase for airfare, per personr roundt trip airfare at standard coach class rates through Pictometry's travel provider only.) Mustb be redeemed within threey years of agreement execution date. Applicable" Terms and Conditions: Order Form 9-inch GSDI Mosaic Tilesi in) JPGI Format. Tiles are provided' lasi is." Refer to Product Parameters for additional details. Applicable' Terms and Conditions: Delivered Content Terms and Conditions ofUse 3-inch GSDI Mosaic Tiles inJ JPGI Format. Tiles are provided "asi is." Refer tol Product Parameters for additional details. Applicable Terms and Conditions: Delivered Content Terms and Conditions ofUse New processing orI re-processing tol MrSID ofi individual tiles of9-inch GSDi imagery. Tiles are provided' "asi is." Refer toF Product Parameters: for additional details. Applicable' Terms and Conditions: Delivered Content Terms and Conditions ofUse New] processing orr re-processing ofMISID area-wide mosaics of9-inch GSD: imagery. Tiles are provided' "as is." Refer to Product Parameters for additional details. Applicable' Terms and Conditions: Delivered Content Térms and Conditions ofUse media prices include copyinga a completei image library onto media. Sub-warehousing: sold separately. Applicable' Terms and Conditions: Order Form Available with purchase ofo corresponding tile product. Newj processing orr re-processing tol MrSID ofi individual tiles of3 3-inch GSDi imagery. Tiles are provided" "asi is." Refer to Product Parameters for additional details. Applicable Terms and Conditions: Delivered Content Terms and Conditions ofUse New processing orr re-processing ofN Mrs area-wide mosaics of3 3-inch GSD imagery. Tiles arep provided' "as is." Refert tol Product! Parameters for additional details. Applicable Terms and Conditions: Delivered Content Terms and Conditions ofUse Sessions, one (1) Advanced User Technical" Training,one (1) Administration/ /ITT Training Session, fifleen (15) hours oftelephone support, one copy ofPictometry Electronic) Field Study (EFS) software, latest version, on thes storage medias specified! herein, and accesst to download updated versions ofthel EFS Licensed Software forap period ofthree years from thei initial date of shipment oft the EFS: software, along with ac copy ofthe updated documentation. Applicable Terms and Conditions: Softwarel License Agreement version. Applicable Terms and Conditions: Softwarel License Agreement  2  FutureView. Advanced Training(Full)  $2,499.00  $4,998.00  466  Tiles- Standard (Oin GSD; Available with corresponding 9" GSD imagery purchase.  $10.00  $4,660.00  JPGI format) Per Sector  62  Tiles- Standard (3in GSD; Available with corresponding: 3" GSD imagery purchase.  $20.00  $1,240.00  JPGf format) Per Sector  466  Mosaic Area' Wide (Oin Available with] purchase ofo correspondmg tilep product.  $0.50  $233.00  GSD; MrSID format; individual) Per Sector GSD; MrSID format, combined)! Per Sector Drive! Model IT - EXTPOWER Mosaic Area' Wide (3in GSD; MrSIDi format; individual) Per Sector GSD; MrSID: format, combined) Per Sector  404  Mosaic- Area' Wide (9in Available with! purchase ofc corresponding tile product.  $0.50  $202.00  Medial Drive Capacity 931G- External USB2.0/eSATAI Externally Powered. Delivery  $199.00 $2,00  $199.00 $124.00  62  62  Mosaic Area Wide (3in Available with! purchase ofc corresponding tiley product.  $2.00  $124.00  Oblique Imagery Bundle Includes digital copy ofthel Licensed] Documentation: for with Three (3) Years ofEFS thel License Software, two (2)E End User' Training.  $0.00  $0.00  Maintenance & Support  Electronic Field Study (EFS) One copy ofE Electronic Field Studys software, latest  $0.00  $0.00  Page 6of18  Macon County, NC-C184644: 2016-12-22  DD-0002-20160318    RapidAccess Disaster Responsel Program  RapidAccess- Disaster Response Programi isan emergency response program offering flights: aftera an emergency or disaster. Refert tot the attached detailed description ofthel Disaster Response Program. Applicablc Terms and Conditions: Order Form  $0.00  $0.00 $97,661.95 $195,232.99  SUBTOTAL- SECOND: PROJECT TOTAL  Thank youf for choosing Pictometry as your service provider. Amount! per product= ( ((1-Discount %)* Qty *List! Price)  The following are modifications to1 thes standard ChangeFinder product specifications for products listed above:  First] Project: Customer imagery 20151 MrSIDs, 6INCH GSD is Approved with Standard' Technical Specifications: This process is greater than! 98%- False positive rate: Ratio ofbuildings with faults state: for all ChamgedAewDemolshed buildings lesst than or equal to 2.0% False negative rate: ratio ofbuildings withf faults state for Existing buildings less than or equal to 0.2%1 The process is greater than 95% accurate - The service postulates imagery with low off-nadir (The sides ofhouses cannot! bes seen)i ist used.. Allp problems arising from off-nadir ofi imagery are All amounts duet to) Pictometry pursuant to this Agreement ("Fees") are expressed in United States dollars and do not include any duties, taxes (including, without limitation, any sales, use, ad valorem or withholding, value added or other taxes) orl handling fees, all ofwhich are in addition to the amounts shown above and, tot the extent applicable toj purchases by Customer, shalll bep paid by Customer tol Pictometry without reducing any amount owedt tol Pictometry unless documents satisfactory tol Pictometry evidencing exemption from such taxes is provided tol Pictometry priort to billing. Tot the extent any amounts properly invoiced pursuant tot this Agreement are not] paid withint thirty (30) days following thei invoice due date, such unpaid amounts shall accrue, and Customer shall pay, interest att the rate of1 1.5%p per month (or at the maximum rate allowed by law, ifless). In addition, Customer shall pay Pictometry all costs Pictometry incurs in collecting past due amounts due under this Agreement including, but not  the standard error rate is 2%1 for false positives and 0.2%f for false negatives. the standard error rate is 5%1 for false positives, and 0.5%1 for false: negatives.  out ofthes specifications. FEES; PAYMENT TERMS  limited to, attorneys' fees and court costs. FIRSTI PROJECT Due by. July 31,2017 Total) Payments SECOND! PROJECT Duel by) July 31,2020 Total Payments PRODUCTI PARAMETERS FIRSTPROJECT IMAGERY Product: Elevation. Source: Leaf Product: Elevation Source: Legf CHANGEFINDER- Product: Data Source- Base: Data Source Year- Base: Data Source Comparison: Data. Source Year- Comparison: Deck dentification: Product: Data Source- Base: Data Source Year- Base: Data Source- - Comparison: Data Source Year- Comparison: Deck dentification:  $97,571,04 $97,571.04 $97,661.95 $97,661.95  MAGFRY-COMMUNIY- 4-way (C5) (9in)- Per Sector LeafOff. Less than 30%1 leaf cover IMAGERY-NEIGHBORHOOD. -4-way (N5) (3in) Per Sector LeafOff:) Less than 30%1 leafc cover Customer Imagery 2015 Pictometry Imagery 2017 Includedi inl Building Outlines Customer Imagery 2015 Pictometry) Imagery 2017 Includedi in Building Outlines  USGS USGS  ChangeFinder Change! Detection with Customer's Electronic Parcel) Files  ChangeFinder- Building Outlines with Customer's Electronic: Parcell Files  Customer represents and warrants thati ito owns allr right,t title, andi interest ina and tos any non-Pictometry imagery and/or outlines provided by Customer to Pictometry and allr necessary rights, power, and authorityt top providel Pictometry witha a copy ofs such non-Pictometry imagery and/or outlines and authorize Pictometry toi includes such  non-Pictometry: imagery and/or outlines int the CONNECTS serviçe providedt to Customer.  Page 7of18  Macon County, NC- CI846442 2016-12-22  DD-0002-20160318    CONNECT Product: Admin User Name: Admin User Emai!: RequestedA Activation: Geofènce: SECOND PROJECT IMAGERY Product: Elevation. Source: Leaf Product: Blevation. Source: Legf CHANGEFINDER Product: Data Source - Base: Data Source Year- Base: Data. Source Comparison: Data Source Year- Comparison; Deck dentification: CONNECT Product: Admin User Name: Admin User Email: RequestedAdtiyation: Geofence:  Pictometry Connect- CA-100 Wesley Hall whall@maconnc.org ats signing NCI Macon USGS USGS  MAGERY-COMMUNITY- 4-way (C5) (in)- Per Sector LeafOff Less than: 30% leaf cover IMAGERY- -NEIGHBORHOOD- 4-way (N5) (3in)) Per Sector LeafOff: Less than 30%1 leaf cover Pictometry Outlines 2017 Pictometry Imagery 2020 Includedi inE Building Outlines Pictometry Connect- -CA-100 Wesley Hall whal@maconnc. .org ats signing NCI Macon  ChangeFinder- Change Detection with Customer's. Electronic Parcel Files  STANDARD ORTHO MOSAICI PRODUCTS  Pictometry standard ortho mosaic products are producedt through automated mosaicking processes that incorporate digitale elevation data withi individual Pictometry. ortho framest too create large-arear mosaics ona ane extremely cost-effective basis. Because these products arep produced through: automated processes, rather than more expensive manual reviewa and hand-touched corrective) processes, there may bei inherent artifactsi ins some oft the resulting mosaics. While Pictometry workst tor minimize such artifacts, thel Pictometry standard ortho mosaic products arep provided on an' 'AS IS' basis with respectt tov visible cutlines along mosaic seams resulting from the Disconnectsi inr non-elevated: surfaces generally caused byi inaccurate elevation data; ii. Disconnectsi in elevateds surfaces (e.g, roadways, bridges, etc.) generally causedb by elevated surfaces not beingr representedi int the elevation data; iii. Buildingi intersect and clipping generally caused by buildings not beingr represented. int thee elevation data; IV. Seasonal variations caused byi imagest taken at different times during: a season, or during different seasons; Ground illumination variations caused byi imagest taken under different illumination (e.g, sunny, high overcast, morningl light, afternoon light, etc.) withino one vi. Single GSD color variations causedb byi illumination differences or multiple-airenatleamera: captures; vii. Mixed GSD color variations caused bys adjacent areas being: flown atd different grounds sample distances (GSDs); and viii. Water body color variations caused by multiplei individual frames being used to create ar mosaic across al body ofv water (e.g. lakes, ponds, rivers, etc.). Other Pictometry products may bea available that arel less pronet tos such artifacts thant thel Pictometry standard ortho mosaic products.  following types ofa artifacts:  flight day or duringo different flight days;  RapidAccess- Disaster Response Program ("DRP")  Customer is eligible for DRP described below from thel Effective Date through the second anniversary ofthei initiall Project delivery. Following payment tol Pictometry of amounts due with: respect to each subsequent Project, Customer willl be eligible for the then-current. DRP for a period of two years from delivery ofs such subsequent Project. Customer must bei in good-standing" with Pictometry tor maintain eligibility forl DRP. A. Disaster Coverage Imagery atl No Additional Charge- Pictometry will, upon request of Customer and ati no additional charge, provide standard quality imagery ofup to 200 square miles ofa affected areas (as determined' by Pictometry) upon the occurrence of any ofthe following  events during any period Customer is eligible forl DRP:  Hurricane: areas affected by hurricanes of Category II andl higher. Tornado: areas affected by tornados rated EF4 and higher. Terrorist: areas affected' by damage from terrorist attack.  Earthquake: areas affected by damage to critical infrastructure resulting from earthquakes measured at6 6.0 orl higher on thel Richter  scale. tsunamis.  Tsunami: areas affected by damage to critical infrastructure resulting from  B. Discounted. Rate- - Coverage for areas affected by the events set forth above exceeding 200 square miles will be, subject tol Pictometry resource availability, offered to Customer att thet then current DRPI rates. Also, coverage for arcas affected by hurricanes below Category II, tornadoes below EF4 or earthquakes rated below 6.0 ont thel Richter scale willl be, subject tol Pictometry resource availability, offeredt to Customer att the  then current DRP rates. Page 8of18  Macon County, NC- C184644: 2016-12-22  DD-0002-20160318    Online Services - Use ofl Pictometry Connect ExplorerM -P Pictometry's DRP includes the use of Connect Explorer for at term ofninety days from the date of delivery oft the DRPi imagery. Customer: shalll have access toi thel DRP imagery for asl longs ast they maintain an active Connect  account.  Page 9of18  Macon County, NC-C1B46442016-122  DD-0002-20160318    SECTION. B  LICENSE TERMS  PICTOMETRY DELIVERED CONTENT TERMS. AND CONDITIONS OF USE  Thesel Pictometry Delivered Content Terms and Conditions ofUse (the" Delivered Content Termsa and Conditions"),i inc combination withi the corresponding. Agreement into whicht these terms are incorporated, collectively set forth the terms and conditions that govern use ofl Delivered Content (as hereinafter defined) for use within computing environments operated by parties other than] Pictometry. As used in1 thel Delivered Content' Terms and Conditions the terms "you" and' "your"i in uppercase orl lowercase shall meant the Customer that enteredi into the Agreementi into whicht thel Delivered Content Terms and Conditions arei incorporated. 1.1 "Authorized, Subdivision". means, ifyous are a county or a non-state consortium of counties, any political unit or subdivision located totally ors substantially within your boundaries thaty yous authorize tol havea access to Delivered Content pursuant tot thel Delivered Content Terms and Conditions. 1.2 "Authorized: System" means av workstation or server that meets eacho oft thef following criteria ()itiso owned orl leasedb bys you or an Authorized! Subdivision, (ii) itisl located within and only: accessiblet fromi facilities that are owned orl leased by you ora an Authorized Subdivision, and (in)it itisu under the controld ofa and may 1.3 "Authorized User" means any employee ofy you or Authorized Subdivisions that is authorized by: you tol have access to the Delivered Content through an 1.4 "Delivered Conten!" means thei images, metadata, datal layers, models, reports and other geographic or structural visualizations or embodiments: included in, 1.5 Project Participant" means any employee ord contractor ofp persons or entities] performings services for compensation: for youd ora an Authorized! Subdivision that hasb beeni identified! by written noticet tol Pictometry prior tob being granteda accesst tol Delivered Content and, unless Pictometry expressly waives suchi requirement  1DEFINITIONS  only bev used bys you or Authorized: Subdivisions. Authorized System.  provided with, or derived from thei information delivered toy you by or onb behalfo of Pictometry pursuant tot the Agreement. for anyi individual, has entered: into av written agreement with] Pictometry authorizings such access.  2. GRANTO OF RIGHTS; RESTRICTIONS ONT USE; OWNERSHIP (a)i install the) Delivered Content on Authorized! Systems; ofy you or Authorized Subdivisions; facilities ofy you or Authorized! Subdivisions; and  2.1 Subject tot the terms and conditions ofthe Agreement, you: are granted nonexclusive, nontransferable, limited rightst to:  (b) permit access and use oft thel Delivered Content through Authorized! Systems by:  (i) Authorized1 Users for performance ofp publici responsibilities ofy you or Authorized: Subdivisions that aret tob bep performed entirely withini facilities (ii) Project Participants under the supervision of Authorized Users for performance oft tasks or preparation ofr materials using onlyl hard copies (or jpg copies) ofl Delivered Content solely for fulfilling public responsibilities of you or Authorized Subdivisions to be performed entirely within (in)h individual members ofthe public, but only through Authorized1 Users and's solely fort the purpose ofmaking! hardo copies orj jpg copies ofi images ofi individual properties or structures (butr not bulk orders ofr multiple properties ors structures) tot thei individual members oft the public requesting  them, Content Terms and Conditions.  2.2 Your may not reproduce, distribute orn make derivative works based upont thel Delivered Contenti ina anyi medium, excepta as expressly permittedi int thel Delivered 2.3 Your may not offer any part ofthel Delivered Content for commercial resale or commercial: redistribution in any medium, 2.4 You may not distribute orc otherwise make available any Delivered Content to Google or its affiliates, either directly ori indirectly. 2.5 Your may note exploitt the goodwill ofF Pictometry, includingi itst trademarks, servicer marks, orl logos, without thes express written consent ofPictometry. 2.6 You may not remove, alter or obscure copyright notices or other notices containedi int thel Delivered Content. 2.7 Allr right, title, andi interest (including allo copyrights, trademarks and other intellectual property rights)i inl Delivered Contenti ina allr medial belongt tol Pictometry ori itst third partys suppliers. Neither your nor any users ofthel Delivered Content acquire any proprietaryi interest int thel Delivered Content, or any copies thereof, 3.1 Geographic Data. Ifavailable, you: agree top providet tol Pictometry geographic data ini industry standard format (e.g, shape, DBF) including, but not limited to, digitai elevationi models, street centerline maps, tax parcelr maps and centroids, which data, to the extentp practicable, shall bei incorporatedi intot thel Delivered Content. You agree that any oft this datat that is owned bys you may be distributed andi modified by) Pictometry as part ofi its products and services, provided 3.2 Notification. Yous shall (a) notify Pictometryi ins writing ofa any claims or proceedings involving any oft the Delivered Content withint ten (10) days after you 3.3 Authorized User Compliance. You shall at all times be responsible for compliance by each Authorized User with the Delivered Content Terms and 3.4 Authorized: Subdivision Compliance. Yous shalls ata allt times! ber responsible for compliancel by each Authorized: Subdivision witht thel Delivered Content Terms 3.5 Project) Participants, Each noticet tol Pictometry identifyinga aj potential Project Participant shaili include a detailed description oft the scopea and nature ofthe Project Participants' planned work and thei intended use oft the Delivered Contenti ins such work. Pictometry retains the right tor restrict orI revoke access to Delivered Content by any. Project Participant who does noto comply with thet terms oft the Delivered Content Terms and Conditions. 4.1 Term. The licenseg granted to youi int thel Delivered Content Terms and Conditions is perpetual, subject tol Pictometry's rightt tot terminate the licensei int the eventy you dor not pay inf fullt thel Fees specified elsewhere int the Agreement, the Agreement is terminated fora any reason other thana ab breach ofthe Agreement 4.2 Effect ofTermination. Upon termination ofthel license granted toy youi int the Delivered Content Terms and Conditions, yous shall immediately cease allt use ofthel Delivered Content, promptly purge allo copies oft the Delivered Content from ally workstations and servers on which any ofi it may bes stored or available  exceptt thel limited user rights granted herein. 3.OBLIGATIONS OF CUSTOMER  that ati not time shalll Pictometry claim ownership oft that data.  learn ofthec claim or proceeding, and (b)r report promptly tol Pictometry all claimed or suspected defects inI Delivered Content.  Conditions. and Conditions.  4. LICENSEI DURATION; EFFECT OF TERMINATION  byE Pictometry, ora as otherwise providedi int the Agreement.  att thet time, and return) hard drive/media containingl Delivered Contentt tol Pictometry.  5. TRADEMARKS; CONFIDENTIALITY  Page 100 of18  Macon County, NC-C C1846442016-12-22  DD-0002-20160318    5.1 Use ofPictometry's) Marks. Yous agree nott tos attach any additional trademarks, trade names, logos or designations toa any Delivered Contento ort toz any copies ofa any Delivered Content without prior written approval from Pictometry. You may, however, include an appropriate government seal andy your contact information so long ast the seal and contact information in no way obscure or deface the Pictometry marks. You further agree that you will not use any Pictometryt trademark, trader name, logo, ord designationi inc connection with any product ors serviced other than thel Delivered Content. Your nonexclusive right touse Pictometry'st trademarks, trade name, logos, and designations are coterminous witht thel license granted tos you int thel Delivered Content Terms. 5.2 Confidentiality ofI Delivered Content." The Delivered Content consists ofo commercially valuable, proprietary products owedt by Pictometry, the design and development of which reflect an investment of considerable time, effort, and money. The Delivered Content is treated by Pictometry as confidential and contains substantial1 trades secrets of Pictometry. You agree that you will not disclose, provide copy of, or disseminate the Delivered Content (other thana as expressly permittedi int thel Delivered Content" Terms and Conditions) or any partt thereof to any person ina any manner or fora any purpose inconsistent withi the license granted toy youi int thel Delivered Content" Terms and Conditions. Youz agree tor use your best efforts to: assuret thaty your personnel, and any others afforded access to the Delivered Content, protect the Delivered Content against unauthorized use, disclosure, copying, and dissemination, and that access to the 6.1 Limited Warranties; Exclusive! Remedy. Pictometry warrants that thel Delivered Content will containt true and usable copies oft the designatedi imagery as oft the date ofc capture. As thes sole and exclusive remedy for any breach of the foregoing warranty, Pictometry shall use reasonable efforts to correct any 6.2 DiselaimerofOther Warranties. Excepta asp providedi in Section6 6.1,a above, THEI DELIVEREDCONTENTISI PROVIDEDTOYOUASI IS" AND"*WITH ALL FAULTS." PICTOMETRY MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. ALL IMPLIED WARRANTIES, INCLUDING: BUTI NOTI LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, AND ACCURACY, ARE HEREBY: DISCLAIMED. ANDI EXCLUDED] BY PICTOMETRY. 6.3 Limitation ofLiability. With respect toa any other claims that your may have or assert against Pictometry on any matter relating tot thel Delivered Content, the total liability ofl Pictometry shall, int the aggregate, be) limited tot the aggregate amount received by Pictometry inp payment for Delivered Content during the 7.1 Restricted Rights. Delivered Content acquired with United States Government funds ori intended: for use within orf for any United States federal agencyi is provided with" "Restricted! Rights" asd definedi inl DFARS252227-7013, Rightsi in Technical Data and Computer Software and) FAR: 52.227-14, Rightsi inl Data- 7.2 Governing Law. This License Agreement shall beg governed by andi interpretedi ina accordance with the laws oft the State of New York, excludingi its  Delivered Content and each; partt thereof willl bes strictly limited. 6.1 LIMITED' WARRANTY; DISCLAIMER OF WARRANTIES  deficiency that precludes use oft thel Delivered Contenti int ther manner intended.  immediately precedmng twenty-four (24)r month period.  7.M MISCELLANEOUS, PROVISIONS  General, including Alternate III, as applicable. conflicts ofl law principles.  [END OFI DELIVERED CONTENT TERMS AND CONDITIONS)  Page 11 of18  Macon County, NC-C18464420161222  DD-0002-20160318    SECTIONB  LICENSE TERMS  PICTOMETRY ONLINE SERVICES GENERAL TERMS. AND CONDITIONS  These Pictometry Online Services General Terms: and Conditions (the "General' Terms and Conditions"), inc combination witht thec corresponding! Pictometry order form, ifany, collectively constitute thel license agreement (the "License Agreement")t that governs your use ofthel Pictometryo online services (the "Online Services"), the images availablei in the Online Services, and alla associated metadatas and datal layers included in, provided with, or derived fromt thosei images (the" "Licensed Content") provided byl Pictometryl International Corp. andi its affiliated companies (collectively, "Pictometry"). Thet terms "you" and" "your" int uppercase orl lowercase shall mean thei individual, entity (e.g, corporation, limited1 liability company, partnership, sole proprietor, etc.)org govemment agency enteringi intot thel License. Agreement. 1.1 Youa are granted: ar nonexclusive, nontransferable, limitedr rightt to access and use the Online Services andt thel Licensed Content obtained or derived from the Online Services solely for your internal business purposes and notf fort resale orr redistribution. Therights grantedt tos youi include, subject tot the restrictions set forth belowa and ont the Order Form, ther rightt toc copyl limited portions ofthel Licensed Content onto your computer tof facilitate preparation ofhardcopies and work productr records, and the rightt tor makel hardcopies oft thel Licensed Content, provided that thel Licensed Content and the permitted copiest thereof may 1.3 Your may not copyt thel Licensed Content or portions thereofo onto any computer ors storage device or mediaf fort thep purpose ofc creating orT maintaining one or more databases oft that content for use ins substitutioni for subsequent access to1 the content through the Online Services. 1.4 Your may not distribute or otherwise make available any Licensed Contentt to Google ori itsa affiliates, either directly ori indirectly. 1.5 You mayr not exploitt the goodwill of Pictometry, includingi itst trademarks, service marks, orl logos, without the express written consent of Pictometry. 1.6 You may not remove, alter or obscure copyright notices or other notices containedi int thel Licensed Content. 1.7 Your mayr not offer any parto oft the Online Services ort thel Licensed Content for commercial resale or çommercial redistribution: ina any medium. 1.8 Your may noti use the Online! Services ort the Licensed Content to compete with any businesses ofF Pictometry. 1.9 Your may noti use information included int the Online Services ort thel Licensed Content toc determine ani individual consumer's eligibility for (a) credito or insurance for personal, family, or household purposes; (b)e employment; or( (c)ag government: license orb benefit." Thet term "consumer" is definedi int the United 1.10 Your may not access the Online Serviçes viai mechanical, programmatic, robotic, scripted or any other automated means. Unless otherwise agreed by Pictometryi in writing, use ofthe Online Services is] permitted only viar manually conducted, discrete, human-initiated: individual search andr retrieval 1.11 All right, title, andi interest (including all copyrights, trademarks and other intellectual property rights)i int the Online Services andi thel Licensed Contenti ina all medial belongt tol Pictometry ori itst third party suppliers. Neither you nor any users oft the Online Services or the Licensed Content acquire any proprietary 2.1 Onlys you, your employees, and temporary ord contract employees dedicated top performing work exclusively: for you (each, an" "Eligible User" and collectively, the" "Eligible Users")a are eligiblet toa access and uset the Online Services and thel Licensed Content pursuant tot thel License Agreement. Each Eligible User tob bep provided access tot the Online Service shall bea assigneda a uniquel login/password ("Pictometry Credential"): for purposes ofa accessing the Online Services. Youa agree that eachl Pictometry Credential shall only be used by thel Eligible User tos whomi it was originally assigned and that Pictometry Credentials may not bes shared with, or used by, any other person, including other Eligible Users. You will promptly deactivate anl Eligible User's Pictometry Credentiali int the eventt thel Eligible User nol longer meets the eligibility requirements ory you otherwise wish tot terminate thel Eligible User's açcess to the Online Services. Youa are responsible: for allu use ofthe Online Services accessed with Pictometry Credentials issuedt toy your Eligible Users, including associated charges, whether by Eligiblel Users or others. Youy will user reasonable commercial efforts top prevent unauthorized use of Pictometry Credentials assignedt toy your Eligible Users and willp promptly deactivate any Pictometry Credentials yous suspect arel lost, stolen, compromised, or misused. 2.2 The Online Services, thel Licensed Content, and feafures and functionality withint the Online Services may bee enhanced, added to, withdrawn, ord otherwise 2.3 You are aware andi understand that any user data collected or stored by the Online Services may be accessed by US law enforcement: agencies under the US PATRIOT Act. Youl hereby release, and agreet tol hold) Pictometry harmless from, allo claims against) Pictometry with respectt tos such access. 3.1 The Online Services andt thel Licensed Content are provided for visualization purposes only, arer not authoritative ord definitive, and dor noto constitute 3.2 The Online Services andt thel Licensed Content are not tob ber relied upont to precisely locate or determine property boundaries and: should not be used inl lieu ofay professionals survey where the accuracy ofn measurements, distance, height, angle, area and volume, may have significant consequences. 3.3 Allr measurements andi reports generated! byt the Online Services orf fromi thel Licensed Contenta areb based upon second order visualization: andi measurement datat that dor not provides authoritative ord definitive measurement results suitable: forp professional engineering ors surveymg) purposes. 3.4 Contour information obtained from the Online Services or contained int thel Licensed Contenti isg generated from undersampled elevation data, isp provided for informational purposes only, andi ist nots suitable for use as thel basis forl hydrographic computations, estimations or analyses. 3.5 While the Online Services and thel Licensed Contentr may be considered1 usefuls supplements forl life critical applications, they are not designed or maintained tos supports such applications and Pictometry andi itst third party suppliers oft the Online Services and thel Licensed Content hereby disclaim alll liability for 3.6 Your reliance ont the Online Services andi thel Licensed Content shouldo only be undertaken afler ani independent: review oftheir accuracy, completeness, 3.8 Pictometry ande eacht third partys supplier ofa any portion ofthe Online Services or thel Licensed Content hereby disclaim all liability for damages, claims and expenses arisingf from ori ina any way relatedt tot thea accuracy ora availability oft the Online Services andt thel Licensed Content. 3.9 By accepting these General' Terms and Conditions orb by usingt the Online Services or thel Licensed Content,) you waive any anda allr rights your mayl have against Pictometry, eacht third parlys supplier ofa any portion oft the Online Services ort thel Licensed Content, and each oft their directors, officers, members and  1. GRANT OFI RIGHTS; RESTRICTIONS ON USE; OWNERSHIP  not! bes sold, leased, loaned, distributed, or copied for useb by anyone other thany you. 1,2 Your may notr maket the Online Services available to any other party.  States Fair Credit! Reporting Acta at 151 USC $1681.  activities.  interest int the Online Services, thel Licensed Content, ora any copies thereof, exceptt thel limitedi user rights granted herein.  ACCESS' TOS SERVICES  changed by Pictometry without notice.  3. DISCLAIMERS  professional engineering ors surveying services.  damages claims ande expenses: arisingf from such use. efficacy, timeliness anda adequacy fory your intended purpose. resulting from the use ofthe Online Services ort thel Licensed Content.  3.7 Pictometry and eacht third partys supplier ofa any portion ofthe Online Services or thel Licensed Content  nor responsibility: for any consequences  employees, arisingo out ofu use oforr reliance upon the Online Services ort thel Licensed Content.  Page 120 of18  Macon County, NC- C184644: 2016-12-22  DD-0002-20160318    LIMITEDWARRANTY  4.1 Pictometry represents and warrants thati itl hast thes righta anda authority to1 maket the Online Services andt thel Licensed Content availablet toy yous andy your 4.2 EXCEPT AS OTHERWISE! PROVIDED: INS SECTION4.1,7 THE ONLINE SERVICES. ANDI LICENSED CONTENT. AREI PROVIDED ON AN"ASI IS", "AS AVAILABLE") BASIS ANDI PICTOMETRY. ANDI EACH THIRD) PARTY SUPPLIER OFL LICENSED CONTENT: EXPRESSLYI DISCLAIM. ALL OTHER WARRANTIES, INCLUDING' THE WARRANTIES OF1 MERCHANTABILITY, ANDI FITNESS FOR. Al PARTICULAR: PURPOSE. 5.1 No Covered Party (as defined below)s shall bei liable for any loss, injury, claim, liability, or damage ofa anyl kind resultingi ina any way from (a): any errors inc or omissions from the Online Services ort thel Licensed Content, (b)t the unavailability ori interruptionoft the Online Services ora any features thereofo ort the Licensed Content, (c)s your or anl Eligible User's use ofti the Online Services ort thel Licensed Content, (d) thel loss ord corruption ofa any data ore equipment in connection withi the Online Services ort thel Licensed Content, (e)t the content, accuracy, or completeness oft the Licensed Content, allr regardless ofv whether your received assistancei int thet use ofthe Online Service from a Covered Party, (f) any delay orf failurei inp performancel beyondt ther reasonable control ofa 5.2 "Covered] Party" means (a)! Pictometry and any officer, director, employee, subcontractor, agent, successor, or assign of Pictometry; and (b)e eacht third party supplier ofa any) Licensed Content,t third party alliance entity, their affiliates, and any officer, director, employee, subcontractor, agent, successor, ora assign of 5.3 TO THE FULLESTI EXTENTI PERMISSIBLE BY APPLICABLELAW, UNDER NO CIRCUMSTANCES WILL THE. AGGREGATE: LIABILITY OF THE COVEREDI PARTIES IN CONNECTION WITH. ANY CLAIM. ARISING OUT OF ORI RELATING' TO THE ONLINE SERVIÇES OR: THE LICENSED CONTENT OR THIS LICENSE AGREEMENTI EXCEED THE LESSER OF YOUR ACTUAL DIRECT: DAMAGES OR THE AMOUNT YOUPAIDI FOR THE ONLINES SERVICESI IN THE TWELVEI MONTHI PERIODI IMMEDIATELYI PRECEDING THE DATE THE CLAIM AROSE. YOURE RIGHT TOI MONETARY: DAMAGES IN THATA AMOUNT: SHALLI BE INI LIEU OF ALLO OTHER REMEDIES WHICH YOUMAYI HAVB 5.4 TOTHEI FULLEST! EXTENT PERMISSIBLE: BY APPLICABLEI LAW, NEITHER YOUI NOR THE COVEREDI PARTIES WILLE BEI LIABLEI FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND' WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES)] IN ANY WAYI DUE TO, RESULTINGI FROM, OR ARISING. IN CONNECTION WITH' THE ONLINE SERVICES, THE LICENSED CONTENT, OR THE FAILUREC OF ANY COVEREDI PARTY TOI PERFORMI ITS OBLIGATIONS. THEI FOREGOING LIMITATION OFI LIABILITY SHALLNOT. APPLY TO APARTY'S INDEMNITY OBLIGATIONS OR YOUR (AND YOURI ELIGIBLEI USERS) INFRINGEMENT OF INTELLECTUALI PROPERTY ORI MISAPPROPRIATION: OFI PROPRIETARYDATAI BELONGING' TOI PICTOMETRY ORI ITS (a)I Ift there isa al breach oft the warranty ins Section 4,1: above, then) Pictometry, ati its option and expense, shall either defend ors settle any action: and! holdy you harmless against! proceedings or damages ofa any kind or description based on at third party'sclaimo of patent, trademark, service mark, copyright or trade secret infringement relatedt tou use ofthe Online Services or thel Licensed Content, asserted againsty youl bys sucht third party provided: ()all use of the Online! Services andt thel Licensed Content wasi ins accordance with thisl License Agreement; (ii) the claim, cause ofa action ori infringement wasi not caused bys you modifying ord combiningt the Online Services ort thel Licensed Content with or into other products, applications, images or data not approved by Pictometry; (in)s you give Pictometry promptr notice ofsucho claim; and (iv)y youg give Pictometryt ther rightt toc control and direct the investigation, defense ands settlement ofs such claim. You, at Pictometry's expense, shall reasonably cooperate withl Pictometry inc connection with the (b)I In: addition tos Section 5.5(a), ifthe Online Services, the operation1 thereof ort thel Licensed Content become, ori int the opinion ofF Pictometry arel likely to become, thes subject ofa claim ofi infringement, Pictometry may, ati its optione and expense, either: ()p procure for yout the rightt to continue usingt the Online Services ort thel Licensed Content, (ii)r replace orr modify the Online Services ort thel Licensed Contents sot that they! become non-infringing, or () terminate thel License Agreement onr noticet tos you and granty youz a pro-rata refund or credit (whichever isa applicable) for any pre-paid fees or fixed (c)The provisions ofSections 5.5(a)a and (b) shall constitute your sole and exclusive remedy for the respective matters specified therein. 6.1 Thet terms and conditions oft this License Agreement may bec changed fromt timet tot timei immediately upon noticet toy you. Ifany changes are made tot this License Agreement, such changes will: (a)o only be applied prospectively; and (b) not! bes specifically directed against you ory your Eligible Users but will apply toa all similarly situated Pictometry customers using the Online Services. You may terminate this License Agreement upon written notice to Pictometry ifanyo change tot thet terms and conditions oft this License Agreementi ist unacceptable toy you. For termination to bee effective under this Section 6.1, written notice oft terminationi must bep providedt tol Pictometry within 900 days ofthee effective date oft thec change. Continued use ofthe Online Services followingt the effective date ofa any change constitutes acceptance ofthe change, but does not affect the foregoingt terminationt right. Except as provided above, this License Agreement may not bes supplemented, modified or otherwise revised unless signed! bydulya authorized representatives ofbothp parties. Furthermore, this) License. Agreement may not bes supplemented, modified or otherwise revised by email exchange, even: ifthe email contains ap printedr name ors signature line bearing signature-like: font. The foregoing does: not prohibit thee execution ofe electronic contracts bearinge electronic signatures ofa authorized 6.2 Int the event ofal breach ofthisl License. Agreement by you, any Eligible User ors someone using the Pictometry Credential ofa anl Eligible User, Pictometry may temporarily suspend or discontinue providing access tot the Online Services to: any or alll Eligible Users without notice andI Pictometry may pursuez any 6.3 All notices and other communications. hereunder shall bei iny writing ord displayed electronicallyi int the Online! Services by Pictometry. Notices shall be deemed tol have been properly given ont the date depositedi int ther mail, ifr mailed; ont the date firsti madea available, ifdisplayed ini the Online Services; oron the date received, ifdeliveredi in any other manner. Legalt notices to Pictometry should bes sent to! Pictometry, Attn: General Counsel, 251 Methodist] Hill 6.4 Thef failure ofy you, Pictometry, ora any third partys supplier oft the Online Services ora any Licensed Content to enforcea any provisionl hereofs shall not constitute 6.5 Neither your nor any Eligible User may assign ord otherwise transfer your rights ord delegate your dutiest under this License Agreement withoutt the prior written consent ofPictometry. Any attempt bys you ora any Eligible User toa assign, transfer or delegatey your rights or obligations undert this License Agreement without Pictometry's consent shalll bey void, ands shall also void thel limited licenseg grantedtoy you byt thisl License Agreement. This License Agreement and any amendment thereto shall beb binding on, and willi inure tot theb benefit ofthep parties and their respective successors andp permitted assigns. 6.6 This License. Agreements shall beg governed! by andi interpreted ine accordance witht thel laws oft the State of New York, excludingi its conflicts oflawp principles. Unless youa area a government entity, int the event that any legaly proceedings arec commenced withi respect toz any matter arising undert this License Agreement,  Eligible Users as authorized expressly byt thisI License Agreement.  LIMITATION OFI LIABILITY  Covered Party, or (g)a any content retrieved from thel Internete eveni ifretrieved orl linked toi from withint the Online Services. any third party supplier ofa any Licensed Content ort thirdy party alliance entity and their affiliates.  AGAINSTANY COVEREDI PARTY.  THIRDI PARTY SUPPLIERS.  5.5 Notwithstanding: anything tot thec contrary int this Section 5:  foregoing. charges.  6. MISCELLANEOUS  representatives ofboth parties, provideds such signatures include digital certifications or are otherwise authenticated.  other legal remedies available toi it. Drive, Rochester, New York 14623.  orb bec construed asay waiver ofs suchy provision or ofther rightt toe enforcei itatal later time.  Page 13of18  Macon County, NC-CIB46442016122  DD-0002-20160318    the parties specifically consent and agreet that the courts ofthe State ofNew York or, int the alternative, thel Federal Courtsl locatedi int the State of New York shall have exclusive jurisdiction over eacho oft they parties and over thes subject matter ofanys such proceedings, and that the venue ofanys such action shalll be 6.7 Thisl License Agreement willl be enforced tot the fulleste extent permitted by applicable law. Ifany provision ofthis License. Agreementi isk heldt tobei invalid or unenforceable toa any extent, then (a)s such provision willl bei interpreted, construed and reformed1 tot thee extent reasonably requiredt to renderi it valid, enforceable: and consistent withi its original intent and (b)s suchi inyalidity or unenforceability will note affect any other provision ofthisI Liçense Agreement. 6.8 Where applicable, each affiliated company ofF Pictometry and eacht third partys supplier oft the Online Services ora any Licensed Content has ther rightt toa assert 6.9 Intl thee event ofal breach ofyouro obligations under this) License Agreement ors your payment obligations with respect toa access to the Online Services ort the Licensed Content, you: agree top pay allo ofP Pictometry's costs ofe enforcement: and collection, including court costs andi reasonable attorneys' fees. 6.10 This License Agreement constitutesi the entire agreement oftl the parties with respect toi itss subject matter and replaces and supersedes any prior writteno or  inN Monroe County, New York ort thel U.S. District Court for the Western) District ofNew York, asa applicable. ande enforcet the provisions ofthisI License Agreement directly oni itsc own behalf as at third party beneficiary. verbal communications, representations, proposals or quotations relatingt tot that subjectr matter.  [END OF ONLINE: SERVICES GENERAL' TERMS. AND CONDITIONS)  Page 14of18  Macon County, NC-C1846420161222  DD-0002-20160318    SECTIONB  LICENSE TERMS  PICTOMETRY SOFTWARE LICENSE. AGREEMENT  PLEASEI READ1 THIS SOFTWARE] LICENSE. AGREEMENTCLICENSEIPTIYNIONEDOMALOADING: INSTALLING ORI USINGTHE SOFTWARE. BY USINCTHESOFTWARE, YOUA AGREETOTHETERMSOFTISIICENSE OUDONOTAGNITOTN: TERMS OFTHIS GENERAL. The software (Pictometry Software"): and any writtenr materials that accompany thes software ("Documentation')i ina any media or form arel licensed, nots sold, toy you! by Pictometryl International Corp. ("Pictometry") for use onlyt under thet terms ofthisl License. Pictometry reserves allr rights not expressly granted 2. LICENSE. Subject to thet terms and conditions oft this License, you are granted al limited, non-transferable, terminable, non-sublicenseable, non-exclusivel license toi install and uset thel Pictometry: Software and the Documentation (collectively, the Proprietaryl Materials")s solely fori internal use. Usec ofthe functionality provided! byt the! Pictometry Software other than fory your intemal usei is prohibited, except with the prior written approval of Pictometry. You may make one copy ofthe Pictometry Softwarei inr machine-readable form for backup! purposes only, providedt thatt thel backup copy musti include all copyright and other proprietary notices contained in thec original. Youy will nota andy will not enable others tod decompile, reverse engineer, disassemble, attemptt to derive thes source code of, decrypt, modify, create derivative works of, ort tamper with or disable any security or monitoring features within thel Pictometry Software. Any attemptt to dos soi is 3. TITLE. Thel Proprietary Materials arec confidential: information of,t trades secrets of, and are proprietary toF Pictometry. Titlet tot thel Proprietary. Materialsi is and will remain in! Pictometry andi its licensors. All applicabler rightst top patents, copyrights, trademarks, trade secrets, and other intellectual property rights int the Proprietary Materials are and will remain inl Pictometry andi itsl licensors: You will not assert any right,t title ori interesti int the Proprietary Materials providedt toy you under thisI License, exceptf fort thes express license grantedt toj youl hereunder. You will notr remove any copyright or other proprietary notice or legend contained on ori included in any Proprietary. Materials andy you will reproduce alls such information ona allo copies madel hereunder. You willl keept thel Proprietary Materials free of DISCLAIMERS OFV WARRANTY. USE OF7 THEI PICTOMETRY SOFTWARE! IS ATYOURS SOLERISK, TOTHEL MAXIMUM: EXTENT PERMITTED BY APPLICABLEI LAW, THEI PICTOMETRY SOFTWARE. ISI PROVIDED' AS IS", WITH ALLFAULTS ANDI WITHOUT WARRANTY OF ANYI KIND, ANDI PICTOMETRY: HEREBYI DISCLAIMS. ALL WARRANTIES WITHI RESPECT TO1 THE PICTOMETRY SOFTWARE, WHETHERI EXPRESS, IMPLIEDO OR STATUTORY, INCLUDING, BUTI NOTI LIMITED' TO, THEI IMPLIED' WARRANTIES OFI MERCHANTABILITY AND OF1 FITNESSI FOR A PARTICULAR: PURPOSE. PICTOMETRY DOES NOT WARRANTTHATTHBI FUNCTIONS CONTAINED: INO OR PROVIDED! BY THEI PICTOMETRY SOFTWARE WILLI MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PICTOMETRY SOFTWARE' WILLBEU UNINTERRUPTEDOR 5. LIMITATION OFLIABILITY. INNOI EVENT WILLE PICTOMETRYI BEI LIABLEI FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONEQUINTALDAMACH WHATSOEVER, INCLUDING, WITHOUTI LIMITATION, DAMAGES FORI LOSS OFI PROFITS, LOSS OF DATA, BUSINESSI INTERRUPTION OR ANY OTHER COMMERCIALI DAMAGES ORJ LOSSES ARISINGOUTOF ORI RELATED' TOS YOURI USEC OR INABILITY TOUSE' THEI PICTOMETRY SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORYOF) LIABILITY (CONTRACT, TORT OR OTHERWISE), EVENI IFI PICTOMETRYI HASI BEEN. ADVISEDOF THEI POSSIBILITY OF SUCHI DAMAGES. INI NOI EVENT WILLE PICTOMETRY'S TOTALI LIABILITY TO YOUI FOR ALLI DAMAGES (OTHER THAN ASI MAYI BEI REQUIREDI BY APPLICABLELAW: IN CASES INVOLVING PERSONAL, INJURY) CAUSED BY, ARISING OUT OF OR INA ANY WAYI RELATED' TO THEI PICTOMETRY: SOFTWARE! EXCEED THE AMOUNTOF FIFTYI DOLLARSI ($50.00). THEI FOREGOING: LIMITATIONS WILLA APPLYI EVENI IF THE ABOVESTATED: REMEDYI FAILS OFI ITSI ESSENTIAL 6. TERMINATION. This License will terminate automatically withoutr notice from Pictometry ifyou fail toc comply with any term ofthisI License. Upon the termination ofthisI License, you will cease allv use ofthel Pictometry Software and destroy all copies, full or partial, ofthel Proprietary Materials.  LICENSE, DONOTI DOWNLOAD, INSTALL ORI USE THES SOFTWARE.  tos youi int thisl License.  aviolation oft the rights ofPictometry andi itsl licensors.  all claims, liens ande encumbrances.  ERROR-FREE, OR THATI DEFECTS IN THEI PROPRIBTARYI MATERIALS WILLI BE CORRECTED.  PURPOSE.  7. MISCELLANEOUS PROVISIONS.  A. Restricted] Rights. Pictometry Software acquired with United States Government funds ori intended for use within orf for any United States federal agency is provided with Restricted! Rights" as definedi inl DFARS: 252.227-7013, Rightsi in1 Technicall Data and Computer Software andl FAR: 52.227-14, Rightsi in Data-General, including Alternate II, as applicable. Pictometry must ber notifiedi ina advance ofa any license grantst tol United States federal governmental entities. The Pictometry Software is developed for general usei ina variety ofa applications andi is noto developed ori intended: for usei in any inherently dangerous applications or applications that could leadt to property damage, personal injury or death. Ify your uset the! Pictometry Softwarei ins such applications, then; you willl ber responsible for taking all appropriate fail-safe, backup, redundancy, and other measures tos ensure thes safe use oft thel Pictometry Softwarei in such applications, including butr notl limitedt to,i ina any nuclear, aviation, mass transit, public safety orr medical applications. B. Foreign Trade Restrictions Thep parties acknowiedge that certain information, softwaret technology, accompanying documentation: and technical information: may bes subjectt to United States export controll laws. Youy willi noto directly ori indirectly export or re-exportt thel Pictometry Soflware inv violation of Governing) Law. This License willl bes governed by andi interpreted in: accordance withi thel laws ofti the State of New York, excluding its conflict ofl laws D. Assignment. Your may not assign this License without Pictometry's 'sp prior written consent. Any assignment: inv violation ofthisl License will bei null, void and ofnof forces and effect. For all purposes under this License, any merger, consolidation, spin-off, acquisition or change-in-control willl bed deemed an E, Partiall Invalidity; Survival. Ifany provision ofthisl Licensei ish heldi invalid or unenforceable! by competent authority, that provision willl be construed so as tob bel limited or reduced tobee enforceablet tot ther maximume extent compatible witht the law asi it willt then appear. Thet totali invalidityo or unenforceability ofany particular provision ofthisI License will: nota affecti its other provisions andt thisl Licensev willl bec construedi ina all respects asi ifthei invalid oI unenforceable provision  thel Export Administrationl Regulations ofthel U.S. Departmento ofCommerce.  principles. assignment.  wered omitted. Thep provisions ofthisI Licenset that! by their nature would survivei its termination will survive indefinitely.  Page 15of18  Macon County, NC-C1846442 2016-12-22  DD-0002-20160318    SECTOR MAP(S)  Macon, NC (NCMACO)  A w  Community Sectors: 466 Neighborhood Sectors: 62  Page 18of18  Macon County, NC-CI846442016-222  DD-0002-20160318    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  MEETING DATE: January 10, 2017 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Consent Agenda  DEPARTMENT HEAD COMMENTS/ECOMMENDATION: A. Minutes - Consideration of the minutes from the December 13, 2016 regular meeting. The minutes will be forwarded via a separate e-mail prior to the Finance = Consideration of Budget Amendments #93 through #99, per  meeting.  B.  Attachment 12B.  C. Tax releases - Consideration of tax releases for the month of December 2016 in  the amount of $761.84 per Attachment 12C.  D. Ad valorem tax collection report - No action is necessary.  COUNTY MANAGER'S COMMENISRECOMMENDATION:  Attachments  X Yes  No  Agenda Item 12(B)(C) and (D)    MACONCOINTYBUDSEP AMENDMENT  Decenber82016  AMENDMENTH FROM: FINANCE DEPARIMENT EXPLANATIONE M-3561:4389-25 115314-5675-19  93  SOCLALSERMICES RosferCareChristasdonaltion DESGRIPTION: FOSTERCAREGENERAD FOSTER CAREGENERAD  INCREASE DECREASE  $300 $300  REQUISIEDBYDEPARIMENDHEADA COMMENDBDBYNNCEORRCES APPROVEDEYCOUNTYMANAGER ACTION BYBOARDOTCOMMISSIONERS APPROMEDANDIENDENTEREDONMINMINUTESDATED  CLERK    MACON COUNTY. BUDGET: AMENDMENT  AMENDMENTH FROM: FINANCE DEPARTMENT: TRANSIT  94  12/8/2016  EXPLANATION: Add additional revenue from) the sale of replaced Transit vans  ACCOUNT 11-3570-4820-00 11-4935-5696-01  DESCRIPTION: SALE OF FIXED ASSETS EQUIPMENT - VEHICLES  INCREASE DECREASE. $. 2,353.00 $ 2,353.00  REQUESTEDBYDEPATMENT HEAD: KimAngel, RECOMMENDED BY FINANCEOFFICER hewsttaek  APPROVED. BY COUNTYMANAGER: ACTION BY BOARDI OF COMMISSIONERS: APPROVED: AND ENTERED: ON MUNIS DATEDA  CLERK:    MACON COUNTY. BUDGET AMENDMENT  AMENDMENTE FROM: RobertLHolland DEPARTMENT: ACCOUNT 11-3839-4850-00 11-4310-5565-03  95  Sheriff DESCRIPTION Insurance Vehicle Repairs  EXPLANATION: Insurance Settlement  INCREASE $3,406 $3,406  DECREASE  REQUESTED BY DEPARTMENTHEAD A RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER ACTION BY BOARDOF: COMMISSIONERS APPROVED ANDI ENTERED'ON MINUTES DATED  Beunstble  CLERK    MACON COUNTY BUDGET AMENDMENT  AMENDMENTE FROM. Robert LHolland DEPARTMENT. ACCOUNT 11-3850-4458-00 11-4310-5597-00 11-4310-5695-02  96  Sheriff DESCRIPTION Donations. Non-Capital Capital Equipment  EXPLANATION: Doyahp tp depattment  INCREASE $35,000.00 $24,000.00 $11,000.00  DECREASE  REQUESTED: BY  RECOMMENDED BY FINANCE APPROVEDI BY COUNTY MANAGER. ACTION BYBOARDI OF COMMISSIONERS APPROVED AND ENTERED ON MINUTES DATED    CLERK    MAÇON COUNTYBUDGET AMENDMENT AMENDMENT# DEPARTMENT EXPLANATION ACCOUNT  97  Sheriff.  Appropriate $36,185 in donationsmadel to's Sheriffs Départment! $12,2251 ind calendarsales, and carryforward  $3,378 from fund! balance fora atotal of $51,788.  DESCRIPTION  INCREASE  DECREASE 36,185 12,225 3,378 51,788  113850 445800/DONATIONS 113344 435015/CALENDAR: SALES 113840 417900FUND: BALANCE APPROPRIATED. 114310 556024/5PECIALFUND: EXPENSES  REQUESTEDI BYDEPARTMENTHEAD Robbz HHakd RECOMMENDED BYF FINANCE. OFFICER SUIRLE  APPROVED: BY COUNTY/MANAGER ACTION BY BOARD OF COMMISSIONERS APPROVED: & ENTERED ON MINUTESDATED  CLERK      MAÇON COUNTYE BUDGETA AMENDMENT AMENDMENT# DEPARTMENT EXPLANATION ACCOUNT  98  EMS  Appropriate: $2,500in donations madeit to EMS.  DESCRIPTION  INCREASE  DECREASE 2,500 2,500  113850 45807/DONATONSEMS 114370 75055DONATONS/SFS  REQUESTED BY DEPARTMENTHEAD, Wareh libe RECOMMENDED BY FINANCE OFFICER Alagthalt APPROVED BY COUNTYI MANAGER ACTION BY BOARD OF COMMISSIONERS: APPROVED: & ENTERED ONI MINUTES DATED  CLERK    MACON COUNTYAVDGETAMENOMENT AMENDMENT# DEPARTMENT EXPLANATION ACCOUNT 113834 444700RENTS 114375 S5106/CONTRACTED SERVICES  14  Emergency-Mgmt  Appropriate $6,000 fortower rentf fromt the radios station.  DESCRIPTION  INCRÉASE  DECREASE 5,000 6,000  REQUESTED BY DEPARTMENT HEAD lomnlibe RECOMMENDED BY FINANCE OFFICER ARI E APPROVEDI BY COUNTYMANAGER ACTION BY BOARD OF COMMISSIONERS APPROVED &ENTERED ONI MINUTES DATED  CLERK.    TAE  Macon County Tax Office: 5West Main Street Franklin, NC 28734  Phone: (828)349-2149 Fax:. (828) 349-2564 incdowell@maconcorg  TO: FROM: DATE: RE:  MACON COUNTY COMMISSIONERS Macon County Tax Offiçe Terèsa McDowell, Tax Collections Supervisor January 5, 2017 Releases for December, 2016  Attached please find the report of releases fors real estate that require your approval in order" to continue: with the procèss of releasing these amounts from the tax accounts:, In this case, the amount that. needs to be released is $761.84 because $113.48 of the transactions included in this report was Please feel free to contact mei ify you should have any questions: The report of releases is attached.  approved asarefund during the December, 2016 BOCCI meeting.  AMOUNT OF RELEASES FOR: DECEMBER, 2016:  $761.84    &4  88008 00 oo'd 0o  o 88 o  >  888 8 5 d0 88 d0 0e d0 88 de  00  060 o.  o  o  o  o  1I  A 24  ES  .  :  : - :    o