AGENDA REGULAR SCHEDULED MEETING OF THE BOARD OF COMMISSIONERS OF EDGECOMBE COUNTY DECEMBER 4, 2023 AT 7:00P.M. JONATHAN FELTON COMMISSIONERS ROOM COUNTY ADMINISTRATIVE BUILDING TARBORO, NORTHCAROLINA 1. 2. ORGANIZATIONAL MEETING CALLED' TO ORDER BY COUNTY MINUTES OF PREVIOUS MEETINGS PRESENTED FOR APPROVAL. ATTORNEY. November 6, 2023; November 15, 2023 3. ELECTION OF OFFICERS-2 2024. Board of Commissioners Chairman. Board of Commissioners Vice-Chairman. REGULAR MEETING CALLED TO ORDER. 4. 5. 6. 7. SAFETY INSTRUCTIONS. PRAYER. SCHEDULED APPOINTMENTS. Paramedic Program. (Attachment #1) A. Dalton Barrett, Community Paramedic Supervisor, toj present on Community 8. PUBLIC. PETITIONS. Public present should state name and address for public record. (limit 3 Mr. Evans to read public petitions submitted via email or postal mail. minutes) 9. OTHER BUSINESS: A. Consideration of approval of budget amendments. (Attachment #2) (Recommended action: Approve budget amendments as presented.) B. Consideration of approval of accepting ownership of the Edgecombe Industrial Incubator facility. (Attachment #3) (Recommended action: Approve as presented.) County 1 C. Consideration of approval of Edgecombe County Board of Commissioners 2024 Regular Meeting Schedule. (Attachment #4) (Recommended action: Approve as presented.) D. Consideration of approval of the reappointment ofTarasa Lewis as the Tax Administrator. (Attachment #5) (Recommended action: Approve reappointment as presented.) E. Consideration of approval of modification of Urgent Repair Program Funding Agreement. (Attachment #6) (Recommended action: Approve as presented.) School Building Lottery Funds. (Attachment #7) (Recommended action: Approve as presented.) F. Consideration of approval of Edgecombe County Public School request for G. Consideration of approval of Memorandum of Agreement with Cooperative Extension. (Attachment #8) (Recommended action: Approve as presented.) the Health Department. (Attachment #9) (Recommended action: Approve as presented.) H. Consideration of approval of the use of State grant funds for staff retention in 10. AFTERLISTS AND RELEASES FORI REVIEW AND APPROVAL. 11. REVIEW AND/OR APPROVAL OF CONTRACTS. 12. DEPARTMENTAL REPORTS FOR REVIEW. A. Water and Sewer update. B. Monthly Financial Summary. 13. MANAGER'S REPORT. A. Update on Getting Off thel Lists initiative. B. Major events and updates. C. Workforce Development indicators. D. TDA Financial Report. 2 E. Farm City Breakfast: January 4, 2024 at 7:30 a.m. at the East Carolina Education and Agriculture Center. F. Notice of Grant Award from Eastpointe. G. Update on Countyline Merger. 14. COMMISSIONERS REPORT. 15. ATTORNEY'S REPORT. 16. CLOSED SESSION. A. Economic Development. [N.C.G.S. 143-318.11 (a)(4)] B. Attorney- Client Privilege [N.C.G.S. 143-318.11 (a)(3)] 17. Consideration of approval of Agreement with NC Department of] Information 18. ADJOURN MEETING UNTIL IUESDAY,JANUARYZ, 2024 AT 6:00 P.M. Technology and Brightspeed. 3 MINUTES REGULAR SCHEDULED MIEETING OFTHE BOARD OF COMMISSIONERS OF EDGECOMBE COUNTY NOVEMBER 6, 2023 AT 7:00 P.M. INTHE. JONATHAN FELTON COMMISSIONERS ROOM COUNTY ADMINISTRATIVE BUILDING TARBORO, NORTH CAROLINA 1. MEETING CALLED TO ORDER BY CHAIRMANLEONARD MEMBERS PRESENT: Mr.Leonard Wiggins, Chairman, Rev. E. Mr. Donald Boswell, Mr. Ralph Webb, Mrs. Viola Harris, Mr. WIGGINS AT 7:00 P.M. Wayne Hines, Vice-Chairman, George Thorne and Mrs. Evelyn Powell. MEMBERS ABSENT: None. OTHERS PRESENT: Mr. Eric Evans, County Manager, Mrs. Natalie Manager, Mr. Michael Peters, County Attorney, Mr. Michael Manager, Mrs. Linda Barfield, CFO and Ms. Frangie SAFETY INSTRUCTIONS. Safety instructions provided by Mrs. Bess. Prayer provided by Rev. Hines. Bess, Deputy County Matthews, Assistant County Mungo, Clerk to the Board. 2. 3. 4. PRAYER. MINUTES OF PREVIOUS MEETING PRESENTED FOR APPROVAL. Rev. Hines moved to approve the minutes of the October 2, 2023 Boswell seconded the motion, which carried by unanimous meeting as presented. Mr. vote. 5. PUBLIC HEARINGS: 1. Mr. Wiggins called a public to order relative to the Community Block Neighborhood Revitalization application. Mr. Peter read the public notice as published. Mr. Evans asked Mr.A.J. Mandigo, with McDavid and Associates, who Katina Braswell, Planning Director, on preparing the actions needed. One to approve the Citizens citizens will bei informed about thej Grant- is working with Mrs. an overview of the application that will be submitted. application to come: forward and give Mr. Evans stated that there will be Participation Plan, which talks about the ways program, which includes the publicl tonight. Second, pending any public comments and Board adopt the resolution that will authorize the submittal Mr.A.J.Mandigo: stated that Edgecombe County will be to assist help for nine homeowners that the Thei top six were ranked based hearing we: are. having questions, the Board is asked to of the application. applying for a $950,000 grant aimed that would bei needed ranked the eligible applicants. The beneficiaries Housing Committee has collected together and selected were from a total of 136 applicants. upon a reconstruction level of assistance to the homes. Thej plan is projected to have four homes reconstructed and two more to have 1 standby units in case of any issues with the top four. Mrs. Harris asked if the 136 applications were from the past orj just collected. Mr. Mandigo stated yes. Edgecombe County has homeowners that call in and the has kept a good record over the last two years and those are normally aimed at the County repair program that the County has done in the past. They did a brief evaluation urgent internally in thei house, which allowed them tol be: able toj they their a secondary inspection Mr. Evans stated that Mr. Braswell and her staff get calls all the time from people interested inj programs like this. Unfortunately, we: never get enough funds to address all the needs we see. He stated that at a previous meeting the Board saw the criteria like to elderly applicants, very low-income households and based houses there, but also able to see houses that have substantial needs of those houses to be able for further review. From there of the did present repair, highlighted findings to thel Housing Selection Committee. that giving priority on the needs of the home inspections. Mrs. Harris asked if the County tried to make sure that we do not put all of the Mr. Evans stated that yes. One of the criteria for the Selection Committee was based Mr. Mandigo stated that the cities listed include Battleboro, Tarboro, Macclesfield and Mr. Boswell stated that six people were chosen for the $950,000 for $160,000 apiece. Mr. Evans stated that there are four homes we expect to be able to reconstruct. The two are alternates in case for whatever reason one of those four fall out of the one area. That we spread it out throughout the County. money in geographic distribution. Rocky Mount. on other process. He included stated that most of these homes are beyond Mr. Wiggins called for public comments. and repair some of the costs administrative cost. Roosevelt Higgs, Speed, NC, stated that there is a situation in Speed that he will talk to the Manager about. He hoped that, if there was anyway, some of that money could be used to address the family that were living in a house and through mishap house and they are currently living in Conetoe in a substandard they moved house. He stated that the out of the Hill them paying rent mentally challenged situation should have been detected. They got a house build out of group out of after the flood of 1999 and through mishaps with some taxes thel house from Chapel under and they are supposed to start paying rent and the people who build the got house and got that cleared up, because they did not think it was fair for someone to be came back for al house that they build and gave to them. He stated that the familyi is and there should be some way something can be done. There being no further public comments, the public hearing was adjourned. Mr. Thorne moved to approve the Citizens Participation Plan as presented. Rev. seconded the motion, which carried by unanimous vote. Hines 2 Mrs. Boswell moved to approve the resolution authorization the submission application as presented. Mrs. Powell seconded the motion, which 2.Mr. Wiggins called a quasi-judicial public hearing to order to receive citizen relative to a Special Use Permit request from Barnhill Contracting of the vote. carried by unanimous comments Company for property located off Ellis Lane. Mr. Peters read the public notice. Swearing in of the participants was done by Mr. Peters. Mr.. Jonathan Proctor (sworn), Barnhill Hill Contracting Company Permit. This is a piece ofi property that we' 've been onj just north We are currently mining out towards NC33 and On behalfof Barnhill I appreciate you taking the time to listen to our Representative: case for the Special Use offor the last 15, 16J years. to expand our operation. This getting to a place where we' 're going to need pit, just a little background. This pit supplies, exclusively, our asphalt plant in Rocky. Mount. So, this sand goes directly into pretty the much ofour asphalt. All the asphalt that is made in Rocky. Mount. just to get some more, get the next in line material toi make production looking to expand it So, we are obviously there's a particular type we' 've some more asphalt. You know ofmaterial got to use. It's not in We've got to hunt and peck where we canfind it. So, with this obviously with every location. there where we are made sense. to us to expand just south ofthe piece actually looking at tonight. We already own and have an as well that we got back in 2007,8 range. So, this the same areas that we' 've already been. We us being right ofproperty that we' 're application for the the County existing conditional use permit on it would just allow us to continuously mine in have already submitted our mining permit with the State that will regulate all ofthe erosion ordinance. All ofthe wetland environmental. concerns would be in addition to the. 100-foot property line buffer that we' 'I have to control, abide dust with control, buffers, hope to have the permit by, before the end actually already gotten comments back, andI by we receivedf from the State. So, it's in review, addressed in that permit that have you of the month. T'u be glad to answer any questions. any questions if Mr. Wiggins asked for comments from the Board. Mrs. Harris stated that she was reading the' Technical Review Committee asked if we have looked into what our Environmental Health comments and about relative to the septic or well system. Supervisor's concerns were Mr. Proctor: So, in the actual area of the pit there obviously are none. agricultural; field. With the application that we have for then there's actual, we have a dewatering permit that excavated, so there' 's not a lot ofpumping and then an It's existing just there's a monitor and wells within 1500feet. can monitor, make sure permitting, we have to identify any we have to submit data to and all so we discharge offs site anything that is kept on Ifwefind any we have to survey them and then there's no draw down or anything like that. water that we do pump, we pump internally back into the same that This particular. site, any pit we' 've already site. 3 Mr. Wiggins asked if there were any other questions or comments for Mr. Proctor. Mr. Wiggins asked if there was anybody else to speak or make comments. There the public hearing was adjourned. approval to the Board. being none, Mr. Wiggins stated that before the Board is the application and iti is consideration for Mr. Boswell moved to approve the Special Use Permit. Mr. Thorne seconded the which carried by unanimous vote. motion, Mr. Wiggins stated that along with that is an order. Mrs. Harris moved to approve the order as presented. Mr. Webb seconded the which carried by unanimous vote. SCHEDULED APPOINTMENTIS): Green Light to recognize our veterans. motion, 6. A. Sherry Johnson, Veterans Services Director, presented the Resolution for Operation Ms. Johnson read the resolution honoring the Veterans. Within the resolution it states that "with designation as a Green Light for Veterans, Edgecombe County Board of Commissioners hereby declares the month ofNovember a time to salute and honor the service and sacrifice of our men and women in uniform transitioning from Active Servic."Itfurther states, "that in observance of Operation Green Light, Edgecombe County encourages its citizens in patriotic tradition to recognize the importance of honoring all those who made immeasurable sacrifices to preserve freedom by displaying a green light in a window of their place of business or residence." Mr. Webb moved to approve the resolution as presented. Rev. Hines seconded the B. Betty Battle. Edgecombe County Social Services Director, gave an update on Mrs. Battle stated that Medicaid Expansion will become effective December 2023 in North Carolina. She stated that the for Edgecombe County, the State is projecting 1, that which carried by unanimous vote. motion, Medicaid Expansion. tol have about 3,177 citizens that will be eligible for Medicaid will be eligible for Family Planning Waiver Medicaid Expansion. Mrs. Battle presented on the following: we: are going Expansion and 2,200 more who Medicaid. eligible. Those arej people that do not receive She stated that it will be about 5,400 people we can expect to be eligible for Health care that people will be able to get through Medicaid. The income limits for ages 19 through 64. Non-citizens eligibility. services. Medicaid cost is $.00; The highest Medicaid cost is $4 and only required on some Information that is needed to apply. 4 How to apply. How long it takes to find out ifa a person is covered. Ms. Tina Radford, DSS Family and Children Medicaid Supervisor, explained the Planning Waiver and what happens when you apply for Medicaid Expansion. Ms. Auston with Braswell Memorial Library stated that the State has libraries to C. Antwan Brown, Emergency Services Director, and Jonathan Langlev, Chief of Edgecombe Volunteer Fire Department, gave an overview of fire response South Mr. Evans stated that Mr. Webb brought up a concern at the last meeting about response out in the district, and this was a good opportunity for Mr. Brown to talk an issue of relationship between the County and our volunteer fire departments. He stated that about Mr. the Family assist DSS in the application process. responsibilities of volunteer fire departments. Langley is going to talk about his department. Mr. Brown presented on: Roles and responsibilities of the County's Fire Protection departments. Fire Protection contract (local) EMS monitor departments responses to calls Monitor training hours Ability to respond within 9 minutes Monitor their rosters Interlocal agreement between local departments. Seeing a decline in the volunteer service membership locally and nationally. Mr. Langley presented on the following: Why I am here? Respond to the concern of the County Commissioners in reference to the response from South Edgecombe Rural Fire Volunteer Fire Department. Educate and provide information about the Volunteer Fire Department Provided information on the incident (grass fire/gas leak on NC 124 West on their current status. 2023); Who responded and why. National statistics. Edgecombe County fire statistics. Recruitment and retention challenges. What can you do? and August 18, D. Sherrod Knox, with When People Work, presented on their work with justice Mr. Knox stated that When People Work is a comprehensive re-entry inclusive program, where you sign up for one) program. He stated that program Edgecombe County Sheriff Office. Mr. Knox stated that impacted citizens. that is an all- they work with the the area through a unique public they are: able to bring this service to private partnership called A Pay for Success contract. As 5 they need tol have government partners in order to obtain data collection and if their does not work they do not continue to exist. The success of the program is evaluated program after years and ift the program has saved the County some money they ask for a tol keep the program running. Mr. Knox stated that the State ofl North portion of that back five cost about $50-54,000 from thel Edgecombe Carolina states that it Carolina and to meet with the per person per year to keep a person imprisoned in North County Sheriff's Office. He stated that he would like their program is significantly less than that. Mr. Knox Board tol look at. A Pay for Success contract. presented a video with testimonials Mr. Wiggins asked Mr. Knox to follow up with Mr. Evans. James Wrenn, Vice-President Phoenix Historical Society, 704 NC The premiere of the film "We Can Do Better", which highlighted the 7. PUBLIC PETITIONS. 97 Hwy East, Leggett, Civil Rights Trail thanked the Board for continuous marker to the East Tarboro Citizens Carolina Highway Historical Marker that researched and brought up that has not been recognized. area of Northern Edgecombe County where hundreds of freed had meetings trying to set the Equal Rights League and and self-defense. This was during the time in this County stood up and made a difference. support. They had two successful events in the spring, out of] Edgecombe County, and they also unveiled a North Carolina campaign to keep IBP League on Panola Street. Mr. Wrenn stated that November 11th at 11:00 at Red Hill Missionary Baptist Church they will be on unveiling a new North they have recovered and people in 1866 in the people were gathered and recognizes some history that Meetings ofi freed Black fighting for higher wages, voting rights period where people were: free from yet had the right to vote and the powers that be were trying to turn the clock back. slavery, but not Farm workers Rev. Roosevelt Higgs, POI Box 264, Speed, stated that the Board did an the Countyline merger issue. Rev. Higgs stated that the resolution home to the Tuscarora Indians and it is important that on Mr. Plemmer and stated that on December 23rd at: 3:00 p.m. at be a Christmas concert in honor ofl Mr. Plemmer. Mr. Shelton, Joint Chief of Staff and the Welcome to excellent job dealing with on the agenda to recognize County was a historically Cherry Hill Church there will Native American Heritage Month. He stated that once. Edgecombe no one: is left out of] Also, on the agenda is a resolution in the honor ofl Mr. Walter Plemmer, Jr. Edgecombe He history. providedlistory Higgs provided history on General Hugh Edgecombe County- - Home of Hugh Shelton signs throughout the represent Princeville. 8. OTHER BUSINESS: County. He asked the Board to consider having signs to Welcome Edgecombe County. - Home of the Oldest Black Town Chartered Blacks in say to by America to A. Approval of budget amendments. Mrs. Harris moved to approve budget amendments 1-4b as presented. seconded the motion, which carried by unanimous vote. B. Adopting a joint resolution to approve the Countyline Merger Transition Mr. Evans presented for Board review the County Line Merger Transition Plan. Mr. Boswell for submission to the NC State Board of Education Plan, which is due by November 15, 2023. The plan has two 6 parts detailing the respective sides of the merger for each school system. A few have been made since the joint meeting on October 16", which Mr. Evans reviewed. modifications that all four Boards are asked to consider the resolution to and authorize its submission before the deadline He stated approve the to approve the plan that the Board hej pointed out. on November 15th. Mr. Evans recommended approve the plan as presented subject to some minor technical corrections that Mrs. Harris expressed concern regarding appropriations. Mr. Thorne stated that the Edgecombe County side of the transition is includes a lot of "we will determine". He stated that the Board is which very vague, approving a document that has not been determined. After discussion, Mr. Wiggins moved to approve the resolution approving the Countyline Merger Transition Plan as presented. Mr. Boswell seconded the motion, C. Approval of] Resolution to Recognize Native American Heritage Month. Mr. Evans (being Native American) was proud to read the resolution vote of5 for (Wiggins, Hines, Webb, Powell and which carried by a Boswell) and 2 opposed (Thorne and Harris). and diverse cultural heritage that has "November has been celebrate the rich cultural traditions, contributions, and and "that the Edgecombe County Board November which carried by unanimous vote. acknowledging the rich recognize and shaped our County. Within the resolution it states that of Commissioners officially recognizes the month designated as Native. American Heritage Month to ofl history Native. American Peoples' as "Native. American Heritage Month" in Edgecombe County, North of Mr. Boswell moved to approve the resolution as presented. Mrs. Powell D. Approval of Edgecombe Community College easement agreement. Carolina." seconded the motion, Mr. Evans stated that the City of Rocky Mount is requesting a utility easement used by Edgecombe Community College at their Rocky Mount Campus. The on property easement is on a section of the campus that the County owns and leases for the proposed Biotech Mr. Boswell moved to approver the easement agreement as presented. Rev. Hines Training Center. the motion, which carried by unanimous vote. E. Approval ofCOVID vaccine fee schedule. seconded Mr. Evans stated that the latest COVID-19 vaccine is becoming available to the Health Department. Being that the cost of the vaccine has changed, a new fee needs to be set. Mrs. Harris moved to approve the COVID Vaccine administration fee schedule Rev. Hines seconded the motion, which carried by unanimous vote. F. Approval of the sale of Edgecombe County's interest in thel building located at Nash Medical Arts Mall, Rocky Mount to Nash County. Mr. Evans stated that wel have been in discussion with Nash County for some time as presented. 500 7 regarding a sale of Edgecombe County's 45% interest in the former Mental Health building property located at 500 Nash Medical Arts Mall Edgecombe-Nash Mount to Nash County. Nash County owns the property where Nash County is will toj pay $2,200,000 for Edgecombe interest in the property. The current tax value of the of the current tax value is $2,174,432. He stated Michael Peters feel that $2,200,000 in Rocky the County's 45% have come to a negotiated remaining 55% in the property. We agreement for thes sale ofthe County's interest in is property $4,832,070, thus 45% he, along with County. Attorney is a reasonable and appropriate sales considering the tax value of the property, or not having a need to own the price that the nature of the County's interest limits it value. For historical Edgecombe County financed $945,000 for its portion of the on this property. Mr. Evans recommended that the interest in the building located at 500 Nash property, and context, in 1991, construction of the building Board approve the sale of our Mount and Medical Arts Mall, authorize Chairman Wiggins to execute the deed and related documents. Rocky Mr. Boswell moved to approve the sale of the building and to authorize to execute the deed and related documents. Mr. Thorne the Chairman carried by unanimous vote. seconded the motion, which G. Approval of request from the Town of Princeville to support the naming River Bridge after the late Mr. Walter Plemmer. Mr. Evans stated that he received a request from Dr. Glenda Princeville Board of Commissioners Tar River Bridge between Plemmer. This request ultimately must be approved by the Board would like to support the request he will then the application that must be reviewed of the Tar Knight on behalf of the requesting Board support for the naming of the Princeville and Tarboro in honor of the late Mr. Walter but they ask for the support of the local governing board. Mr. NCTransportation Board, Evans stated that if the work with Dr. Knight to submit by NCDOT staff. Ifit meets their he will prepare a resolution for the Board to consider, which will requirements, will be aware Powell application before the Transportation Board. He stated that if the accompany Board the support the request, he will notify the Town of Tarloro so their Board choses to this request is being submitted. Mrs. Harris moved to moved to support the request as presented. Mrs. seconded the motion, which carried by unanimous vote. H. Approval of cell tower lease agreement. Mr. Evans stated that thel Board was made aware at the last meeting, isp proposing to lease property from the County in order to construct and CitySwitch, LLC communications tower. The tower will be located next to the The proposed lease is for $850 per month for an initial term of Kingsboro ten LLCI has applied to appear before our Board of Adjustment to maintain a water tower. years with the CitySwitch, get a variance. Mr. option to renew for three additional five-year Evans recommended that the Board meet the set-back the tower will be periods. The proposed tower does not requirements of our Unified Development Ordinance. approve the lease agreement. The construction of subject to the approval of the variance from the Board of Adjustment. 8 Mr. Evans stated that a representative is present from Edgecombe Martin Electric Membership Cooperation, adjoining property owner and may want to speak. Mr. Winston Howell, CEO of] Edgecombe Martin-EMC, stated that he wanted tos speak in opposition of the tower that CitySwitch has proposed. There was denied by the Planning and Adjustments Board because the off the opportunity facility and that sets were not in place to that they use to year for them to locate the tower just south of the tracks next to the Kanban was a proposal last tower and their electric substation, which is a critical piece ofinfrastructure the County's water lines coming out of their station and they serve several accounts major distribution meet the requirements at the time. The new serve around thousands of their members in location that is proposed for the they continue to get from proposed site puts it between Edgecombe County. Mr. Howell stated that the new tower will puti it within 100 feet of as others that arel looking to locate. He stated that key There could be future expansion needs for that station. out of that station as well looking at the mega site. further importance is all the attention that they protect the interest of their members request from around the County, projects safety and liability and they want to make sure that They have grave concerns that are and that station, which is $12 million investment. Mr. Boswell stated that he received a call about this and hei is a little concerned. about the urgency of this. He has concerns about anybody information on what has to be done or what should be done. Mr. Peters stated that they apparently do have a tight window. want the tower in a particular radius. Their original He asked location isi in coming there and where the relationship to everything else. Mr. Boswell stated that he did not want to do anything that is going to hinder or hurt anybody in the future until we some factual get advised that they CitySwitch gets a request from a provider and that provider advises They them us that railroad. It was within the CSX right-of-way, directly south of this proposed proposed a location on the northeast side of that intersection further down. application last year was south of they did not get that variance, they came back to the County interested in this location. location When and would be within the right-of-way and not near hazard to future economic target area. After conversations with that they are. looking ati is very narrow. That location any buildings, but it would be a potential development. Mr. Peters stated that wej about a mile from the intersection and they told us that location proposed further east, was too far away from their former EMC, we proposed some of the land directly behind the QVC property and was told the same thing. He stated that apparently the target area about a supplies 1,000 people. that projects we Mr. Thorne stated that we have a water tower beside it, which should be a concern tower falling on our water tower. EMC has expressed that the station We have concern about it falling on their station and arel looking at. He stated that Kanban has also the expansion need with beside them. taking power out for 1,000 people, plus expressed concern about the tower being having to go over 400 megawatts for some of these 9 Mr. Webb asked Mr. Tolson and Mr. Pike, Carolinas tower in a place that we are trying to develop. Mr. Tolson stated that he did not know about the tower until against the tower he completely support. We capacity at Kingsboro and ifiti the client base either. Gateway Partnership, if we wanted a but today, all the arguments are going to have to expand the electrical impinges on the current site that Mr. Howell described, he strongly oppose this tower. A300-foot tower out there Mr. Evans stated that this discussion is important, because the Board decisions to make and needs to be as well informed as mentioned, is that the company is either interested in what is east of Kingsboro Road along with right-of-way of the considering something in the right-of-way, Adjustment for the variance, but there is Kingsboro Road, because project could come. in that tower isi in the way. Mr. Evans stated potentially expand in that direction. previously may not be acceptable to has very difficult asl Mr. Peters recommendation they can. He stated that his was not easy. Part of the reason for the recommendation, being proposed tonight or just Evans stated that their concern was to try to steer it railroad, south of the Long track. Mr. nol lease agreement from the County. They would still have County owns. They would need approve that. He stated that we do not want a tower north of the railroad of Adjustment may away from that, because they were not land that the a possibility that the Board to go back to thel Board of track and east of needing a rail spur off ofCSX Railroad and that the County owns land that EMC could Mr. Wiggins moved to approve the lease agreement as presented. Motion Mr. Thorne moved to not approve the lease agreement. Mr. Boswell by a vote of61 for (Hines, Webb, Harris, Thorne, Powell and Approval of an amendment to the Cooperative Agreement with NC Mr. Evans presented for Board review First Amendment to the between the North Carolina Department of] Public Resiliency and Edgecombe This document is an amendment to the cooperative between NCORR and Edgecombe approve the amendment and resolution as presented. Mr. Boswell moved to approve the First Amendment to the the NC Public Safety Office of Recovery and no second. failed due to seconded, which carried Boswell) to 1 opposed (Wiggins). Department of Cooperative Agreement Buyout Program. Public Safety. Safety, Office of] Recovery and agreement previously signed County for the North Carolina CDBG ETJ to the County. This brings the properties in Princeville's agreement with the County. Mr. Evans recommended that the Board Cooperative Agreement between motion, which carried by CDBG Buyout Program as unanimous vote. Resiliency and Edgecombe County for the NC presented. Mr. Thorne seconded the Mr. Boswell moved to approve the Resolution to. Accept as presented. Mr. Webb seconded the motion, which carried Strategic Buyout Program Properties by unanimous vote. 10 J. Approval of corrections to the Compensation Plan. Mr. Evans stated that as we have continued to review our new identified additional corrections and additions to be made. He Compensation Plan, we have summary of those changes, which presented to the Board a present no additional appropriation needed to the budget. Mr. Boswell moved approve the updated Compensation Plan Powell seconded the motion, which carried by unanimous Ordinance as presented. Mrs. vote. K. Approval of change in policy for public records Mr. Evans stated that in April of 2019 the Board requests. policy addresses records retention, records requests. Since implementing the relates to the section bes submitted on the form provided in the request is received by email or other However, because of the processing extraordinarily approved our Public Reçords Policy. This disposition and responding to public records Currently, the policy requires that requests policy. Though that form is helpful, sometimes a written form that provides the necessary information. policy, staff have noted changes and updates on public records requests. needed as it form. policy, we must ask the requester to transfer that Therefore, one change (pages 9 and 10) removes our form. Onj page 11, additional information request on our the requirement that the request be on is provided to specify the fee we charge for large requests. Onj page 14, ai formatting issue is corrected. Mr. Boswell moved to approve the revised Public Records seconded the motion, which carried by unanimous L. Approval of Adoption of Schedules, Standard and Rules to appraisal of real property in Edgecombe Mr. Boswell moved to adopt the 2024 Market County. Value Schedule Hines seconded the motion, which carried Mr. Thorne moved to adopt the 2024 Present Use Value Schedule Mrs. Powell seconded the motion, which carried M. Approval of request for thes sale ofs service weapons to retiring Mr. Evans stated that] NC Statute 20-187.2 allows the Board ar retiring officer his/her service weapon. It at a price determined by the governing consideration be given for retiring the County's sappreciation for weapon at a price of $1 Policy as presented. Mr. Throne vote. be used in the 2024 as previously presented. Rev. as previously presented. Sergeant David Parker of commissioners to award by unanimous vote. by unanimous vote. and Captain Charles West. specifically stated that the Board may do sO body. Sheriff. Atkinson has requested that Capt. Charles West and Sgt. David Parker. Toshow their the Board approve the transfer of their service service, Mr. Evans recommended exemplary that service, and toj provide a memento to that upon retirement. Rev. Hines moved to approve the request as presented. Mr. Thorne motion, which carried by unanimous vote. N. Approval oft the 2024 Holiday Schedule. seconded the Mrs. Powell moved to approve the 2024 Holiday Schedule as seconded the motion, which carried by unanimous presented. Rev. Hines vote. 11 O. Approval of acceptance of the AgVenture grant from NC State University. Mr. Evans stated that we: received notice from North Carolina State their AgVentures Program, Edgecombe approve the grant project ordinance as presented. the motion, which carried by unanimous vote. University that through County was awarded a grant in the amount of $4,967,00 for thej purchase of an enclosed trailer. Mr. Evans recommended that the Board Mr. Webb moved to approve the grant project ordinance as presented. Mr. Boswell seconded 9. APPOINTMENTS: A. Jury Commission. Rev. Hines moved to reappoint Reuben Thompson IV. Mrs. Harris seconded the motion, which carried by unanimous vote. B. Parks and Recreation Advisory Board. which carried by unanimous vote. Mr. Webb moved to reappointment Sheila Cook, Bernice Anderson, Sue Howard, Lorraine Dickens and Curtis Knight. Mrs. Powell seconded Regina Moseley, the motion, 10. AFTERLISTS AND RELEASES FOR REVIEW AND APPROVAL. Mr. Thorne moved to approve the afterlists and releases as presented. seconded the motion, which carried by unanimous vote. 11. CONTRACTS FOR REVIEW AND/OR APPROVAL. Hines Rev. Mr. Evans asked the Board to take separate action on the contracts. Envirocon Change Order. This company security key fobs for accessing our change order allows us to add access and security controls at the building. This Center. No additional budgetappropriation motion, which carried by unanimous vote. Emergency Operations is needed. Mr. Boswell moved to approve the change order as presented. Mr. Webb seconded Prime Corrections contract is a not to exceed $200,000 and note that this found in medical billing for jail health services. Cost containment the is paid through savings services for medical services at the Detention Center. Mr. Boswell moved to approve the contract as presented and as a sole source seconded the motion, which carried by unanimous vote. vendor. Mrs. Harris Avineon contract to provide GIS addressing software. This is a request for a sole source contract. Mr. Harris moved to approve the contract as presented and as a sole source seconded the motion, which carried by unanimous vote. 12. DEPARTMENTAL REPORTS FOR REVIEW. ***Received*** venter. Mr. Boswell A. Water and Sewer update. B. Monthly Financial Summary. 12 13. MANAGER'S REPORT. **Received*** A. Major events and updates. B. Workforce Development Indicators. C. TDA financial report. Emergency. D. Update on tornado storm debris clean-up and recommendation to end the State of Mr. Evans stated that on the day of the tornado. Mr. Wiggins declared a State of Emergency. He stated that we never ended that State of Emergency. Rev. Hines moved to approve ending the tornado storm State ofl Mr. Evans shared a copy of a letter in which we were recently notified Harris seconded the motion, which carried and Sandhills Managed Care Organizations Emergency. Mrs. by unanimous vote. that Eastpointe, Trillium three areas. are going to merge. The plan is to consolidate those 14. COMMISSIONERS REPORT. Mrs. Harris thanked Mr. Wiggins for the resolution on behalf of loss Mr. Thorne stated that medical grades came out today for Vidant received an. A for patient safety, which is law. the of her mother-in- hospitals through out the State and a great success. Mr. Wiggins congratulated Mr. Thorne on the birth of his first child. 15. ATTORNEY'S REPORT. 16. CLOSED SESSION. None. Rev. Hines moved to go into closed session to discuss: A. Economic Development. [N.C.G.S. 143-318.11 (a)(4)] Mr. Thorne seconded the motion, which carried by unanimous vote. Mr. Boswell moved to go out of closed session and resume the Powell seconded the motion, which carried regular meeting. Mrs. by unanimous vote. 17. REV.HINES MOVED TO ADJOURNTHE MEETING. THE MOTION, WHICH CARRIED BY UNANIMOUS MRS. POWELLSECONDED VOTE. 13 MINUTES SPECIAL MEETING OFTHE BOARD OF COMMISSIONERS OF EDGECOMBE COUNTY NOVEMBER 15, 2023. AT 2:00P.M. JONATHAN FELTONCOMMISSONERS ROOM 201 SAINT ANDREW STREET TARBORO,NORTH CAROLINA 1. SPECIAL MEETING CALLED TO ORDER BY CHAIMANLFONARD MEMBERS PRESENT: Mr. Leonard Wiggins, Chairman, Rev. E. MEMBERS ABSENT: Mrs. Evelyn Powell and Mrs. Viola Harris. OTHERS PRESENT: Mr. Eric Evans, County Manager, Mr. Michael Attorney, Ms. Frangie Mungo, Clerk to thel Board, Rev. Raymond 2:00 P.M. WIGGINSAT Chairman, Mr. George Thorne, Mr. Ralph Webb and Mr. Donald Boswell. Wayne Hines, Vice- Peters, County Privott, ECPS Board, and Mr.John Walker, Press. 2. APPROVALOF, APPLICATION FROM EDGECOMBE COUNTY PUBLIC FOR' THE PUBLIC SCHOOL BUILDING CAPITAL FUND. Mr. Evans stated that Edgecombe County Schools plans to install controls for all schools, totaling 108 doors, using funds from the security door access Capital Fund. To use these funds for this project, the Board of Commissioners NCLottery School Building request the release of these funds along with ECPS. Mr. Evans Public School Capital Fund, which has already been recommended that the Board amendment to appropriate these funds. SCHOOLS must jointly presented the application for accompanying budget the approved by the School Board and approve application and the Mr. Thornes moved to approve the application and budget amendment as Boswell seconded the motion, which carried by unanimous vote. Rev. Hines moved to adjourn the meeting. Mr. Boswell seconded the presented. Mr. 3. ADJOURNMEETING: by unanimous vote. motion, which carried 12/1/2023 ATTACHMENT #1 ECEMS Community Paramedicine 1 Speaker Disclosures: Dalton! Barrett Relevant Financial Relationships Salaredemployee: ofE Edgecombe County NO other conflicts of interesty with presentesdmatenalor partnerng agencies 2 Pursient Educational Mission Statement mproving neathe Dy dismanting barers rovicing compassonate care and egrahng communify based support Relational 3 1 12/1/2023 Local CP Programs Substance-Use Focus May 22, 2023 $4.27468E 5 Opioid Settlement FY23-24 6 2 12/1/2023 Naloxone Distribution Coming Soon! 7 Whereist thel Need? 8 Overdose Death Rates/100k (2021) 9 3 12/1/2023 Traditional Response tot the Opioid Crisis High-Dosel Narcan StigmatizedCare Hands Off Observation Thev thec Thev youputthere. Wec dontoscnarge ayone ctve nifidrana Anortymous Pryscian 10 Edgecombe's CP Response tot the Crisis 11 Community Paramedic: Stats(12/1/2023) 12 4 12/1/2023 Success Story#1 (36yoF, Opioid Overdose) 13 Success Story #2 70y0M Primary CarebyE EMS 14 PartnerhpOpportunite. Handouts! Referrais! 15 5 12/1/2023 66 "I'm not the smartest fellow int the world, but Isure can pick smart colleagues." FranklinD Roosevelt 16 Thank You! (252) 544-8155 Atebareteesomkaacn 17 6 ATTACHMENT #2 Budget Amendments to be Approved By the Board of Commissioners EDGECOMBE COUNTY BUDGET CONTROL REQUEST Eigermbetunty Budget Revision Number Journal Number Date FROM: Eric Evans RE: Planning PURPOSE: Wev were approved for $67,0001 from! NC DEPARTMENT modification We! have since been offered additional Housing Finance Agency for the 2023 round oft the Urgent Repair to add $65,000 tot the project. funding. This budget amendment accompanies af funding agreement Program. GILACCOUNT# REVENUES 41-0025-4367-54 ACCOUNT NAME Urgent Repair HFA2 2023 CURRENT BUDGET 67,000 INCREASE (DECREASE) AMENDED BUDGET 132,000 65,000 Total Revenues EXPENDITURES 41-4914-5240-16 65000 65,000 0 Urgent Repair HFA2023 67,000 J 132,000 0 Total Expenditures TOTAL 65000 CORRECT 1-MUST BE "CORRECT" DEPARTMENT HEAD DATEI2/tks This instrument has been preauditedi int the manner required byt the Loçal Government BudgetandF Fiscal Contro) Act. dcgbaglo FINANCE OFFICER M28 VAPPROVED RECOMMENDED NOTRECOMMENDED izhlz3 DATE COUNTYMANAGER R ACTION TAKENE BYE BOARD OF COMMISSIONERS: APPROVED AND ENTERED ONI MINUTES DATED: NOTAPPROVEDDATE CLERKTO THE BOARD EDGECOMBE COUNTY BUDGET CONTROL REQUEST 2 Biyemmetauny Budget Revision Number Journal Number Date FROM: EricE Evans RE: Maintenance PURPOSE: To appropriate additional funds to Maintenance DEPARTMENT acceptance by AMENDED BUDGET Edgecombe County Industrial Incubator. This for utilities, lawncare, and miscellaneous maintenance fort the the Board of Commissioners. building was purchased withs state funds anda approved fora GILA ACCOUNT# REVENUES ACCOUNT NAME Fund Balance CURRENT BUDGET INCREASE (DECREASE) 25,000 0 Total Revenues EXPENDITURES 10-4260-5240-17 10-4260-5333-25 25000 10,000 15000 0 Mainteance Incubator Utilities Incubator 0 0 10,000 15,000 0 Total Expenditures TOTAL 25000 0 CORRECT 1 MUST BE' "CORRECT" DEPARTMENT HEAD DATE Izh/zs Thisi instrument has been preaudited int ther manner required byt thel Locysovernment Budgeta and FiscalControlA Act. FINANCE OFFICER APPROVED agapase RECOMMENDED NOTRECOMMENDED 12h123 DATE 29 ACTION TAKEN BY BOARD OF COMMISSIONERS APPROVED AND ENTERED ONI MINUTES DATED: NOTAPPROVED.DATE CLERK TO THE BOARD For Information Budget Amendments Approved By the County Manager For Information Budget Amendments Reviewed By the Finance Director 3 EDGECOMBE COUNTY BUDGET CONTROL REQUEST Budget Revision Number Joumal Number CARO Webb IT Date 11/29/2023 FROM: Jayson RE:ITBA: 2024# #2 PURPOSE: Replacement Firewall for Sheriff Office DEPARTMENT:IT G/LACCOUNT# Decrease 10-4210-532100 ACCOUNT NAME Telephone CURRENT BUDGET 450,000 INCREASE (DECREASE) AMENDED BUDGET 444,000 6,000 Total Revenues Increase 10-4210-550003 6000 6000 Hardware/Soflware 130,000 0 0 136,000 Total Expenditures TOTAL 6000 CORRECT MUST BE' "CORRECT" DEPARTMENT HEAD Jayam.k Walb DATE Thisi 1/2923 instrument has been; preaudited int ther manner required by thel Budgeta andF Fiscal ControlAct. FINANCE OFFICER 1-30-23 APPROVED NOTA APPROVED RECOMMENDED NOTF RECOMMENDED 1h/23 DATE Big7z COUNTYAMANAGE ACTION TAKEN BY BOARD OF COMMISSIONERS APPROVED AND ENTERED ONI MINUTES DATED: NOTAPPROVEDDATE CLERK TO THE BOARD EDGECOMBE COUNTY BUDGET CONTROL REQUEST 4 Budget Revision Number Journal Number Date 0 FROM: TARASALEWIS RE: TAX ADMINISTRATION DEPARTMENT PURPOSE: REALLOCATION OF FUNDS WITHIN THE TAXASSOCIATION, AS WELL AS ADDITIONAL DEPARTMENT TO PAY FOR HOSTING THE COASTAL FUNDS NEEDED TO PAYTEMP STAFF DUE PLAINS TOSTAFFINGI ISSUES. AMENDED BUDGET G/L ACCOUNT# REVENUES ACCOUNTI NAME CURRENT BUDGET INCREASE (DECREASE) Total Revenues EXPENDITURES 10-4140-5126-00 10-4140-5121-00 10-4140-5260-00 10-4140-5499-00 Total Expenditures TOTAL Salaries Temp & PartTime Salaries Regular Office Supplies Misc Expense 10,000.00 330,000.00 10,095.00 2,600.00 4,000.00 (4,000.00) (325.00) 325.00 14,000.00 326,000.00 9,770.00 2,925.00 CORRECT --MUSTE BE' "CORRECT" DEPARTMENT HEAD DATE Act. 11/20/2023 Thisi instrument has been preauditedi int the manner required BSHe byt the Local Government Budgetandr Fiscal FINANCE VAPPROVED NOTAPPROVED 122123 R RECOMMENDED NOTF RECOMMENDED u1271z3 DATE 22 COUNTY MANAGER ACTION TAKEN BY BOARD OF COMMISSIONERS: APPROVED, ANDI ENTERED ONI MINUTES DATED: NOT APPROVED-DATE: CLERK TO THE BOARD ATTACHMENT #3 Memorandum To: From: Date: Re: Board of Commissioners Eric Evans, County Manager By 12/1/23 EdgecombeCounty Acceptance and Maintenance of Edgecombe County Industrial Incubator Rocky Mounl-Edgecombe Community Development Corporation owns a facility at Fountain Business Park called the Edgecombe (RMECDC) Industrial Incubator. It is a 40,000 SF facility that used to have both County anchor tenants, including a call center for the NC Department of large, as well as small businesses. The facility is now vacant, and RMECDC Revenue, wants sell the building and reinvest the proceeds in Crossings at 64, their mixed-use to The availability of this facility comes at an opportune time for US. Iti is well- positioned for the County and our partners, including Edgecombe Public Schools, Edgecombe Community College, Turning Point Workforce County Development, and Carolinas Gateway Partnership, to jointly repurpose the facility into a workforce readiness center focused on manufacturing, engineering, and technology. In addition to the work all our partners are currently doing, this additional effort is needed to meet existing and future workforce demands, especially with our prospects at Kingsboro Industrial We are fortunate that there are state funds that will allow US to acquire the building without any County appropriation. Edgecombe Community received a state grant appropriation that was to be used to equip College the training facility we were going to build at Kingsboro Industrial Park. know that facility was put on hold indefinitely once Triangle backed As out you their plans for a manufacturing facility. Therefore, ECC stands to lose of funds have been repurposed and now can be used Shelly for the Willingham, purchase of those this development in Rocky Mount. Park. funds. However, with the help of Representative those facility. OFFICET OF TRE COUNTY MANAGER 1 November3 30, 2023 Considering what a tremendous asset the facility would be for US and our partners, and that no County. funds are needed to purchase it, Irecommend that we take ownership of the building. If you agree, lalso ask that approve the accompanying budget amendment to appropriate you cover utilities and maintenance for the remainder of the fiscal $25,000t0 year. 2 ATTACHMENT RESOLUTION ADOPTING THE EDGECOMBE COUNTY BOARD OF #4 COMMISSIONERS REGULAR MEETING SCHEDULE FOR 2024 WHEREAS N.C.G.S. 153A-40 authorizes the Edgecombe County Board of adopt a resolution fixing the dates, time and place of its regular WHEREAS the Edgecombe County Board of Commissioners Commissioners to meetings; and to Edgecombe County Board of Commissioners' Meeting Schedule proposes adopt the attached NOW, THEREFORE, BE IT RESOLVED, that the Edgecombe County Board of Commissioners meetings; for 2024 for its regular Board hereby adopts the attached regular Meeting Schedule for 2024. Adopted this the 4th day of December 2023. Leonard Wiggins, Chairman ATTEST: Frangie Mungo, Clerk to the Board EDGECOMBE COUNTY BOARD OF COMMISSIONERS 2024 REGULAR MEETING SCHEDULE January 2, 2024 February 5, 2024 March 4, 2024 April 1,2024 May 6, 2024 June 3, 2024 July 1,2024 August 5, 2024 Tuesday Jonathan Felton Commissioners Room 6:00 p.m. Monday Jonathan Felton Commissioners Room 6:00 p.m. Monday Jonathan Felton Commissioners Room Monday Jonathan Felton Commissioners Room Monday Jonathan Felton commissioners Room Monday Jonathan Felton Commissioners Room Monday Jonathan Felton Commissioners Room Monday Jonathan Felton Commissioners Room Monday Jonathan Felton Commissioners Room 6:00 p.m. 6:00 p.m. 6:00 p.m. 6:00 p.m. 6:00 p.m. 6:00 p.m. 6:00 p.m. 6:00 p.m. 6:00 p.m. 6:00 p.m. September 9, 2024 Monday Jonathan Felton Commissioners Room November 4, 2024 Monday Jonathan Felton Commissioners Room December 2, 2024 Monday Jonathan Felton Commissioners Room October 7, 2024 Sec. 2-55. Election of the chair. The chair and vice-chair of thel board shall be elected annually for a term removed from the office unless they becomes of one year and shall notl be (Ord.of4-10-1999, Sec. 2-56. Meetings. disqualified to serve as a member oft the board. rule 5) (a) Regular meetings. The board shall hold ai regular meeting on the first with the following exceptions: Monday ofe each month, (1) The September board of commissioners meeting will be on the Monday following Labor (2) Ifany other regular meeting dayi is al holiday on which county offices are closed, 7:00p p.m. due to Labor Day being the first Monday of September. Day at shall be held on the next business day or such succeeding day as may be specified the in meeting the motion adjourning thei immediately preceding regular meeting. (3) Regular meetings shall be held at the county commissioner's room and shall begin at 7:00 specified time period by resolution adopted, posted, and noticed no less than regular meetings within a p.m. The board may change thej place or time ofa aj particular regular meeting or all effect. Such ai resolution shall be filled with the clerk to the board and place, and copies shall be sent to all persons who have seven days before the change takes posted at or near the regular meeting requested notice ofs special meetings of the board. (b) Special meetings. The chair or ai majority oft the members oft the board at special meeting oft the board by signing ai notice stating the time and considered. The persons who call the meeting shall cause the notice to place bej oft the may any time call a meeting and the subjects tol be the meeting. In addition, of the county and/c the door of the regular meeting place and delivered to posted the on the principal bulletin board members or left at the usual dwelling place ofe each member at least 48 hours before chair and all other board such notice as provided in subsection (d) ofthis section. persons news media organizations who have requested may be transacted at a special meeting, unless all members Only those items of business specified in the notice the notice shall be mailed or delivered to individual and: a written waiver. are present or those who are not] present. have signed (c) Emergency meetings. Ifa special meeting is called to deal with an public oft the meeting. Local news organizations who have requested notice ofs requires immediate consideration by thel board, the notice requirements oft this section unexpected circumstance that the persons who call an emergency meeting shall take reasonable action to inform the other do not apply. However, board members. Only business connected with the emergency meetings by the same method used to notify television station may file with the clerk oft the board of commissioners a written: service, radio station, and members and the subsection (d) ofthis section, shall be notified ofs such special meetings as provided in emergency: may be discussed at the meeting. (d) Sunshine list. Any individual person and any newspaper, wire request for notice ofa all special ATTACHMENT #5 Memorandum To: From: Date: Re: Board of Commissioners Eric Evans, County Manager & Reappointment of Tax Administrator 12/1/23 Edgecombecounty North Carolina General Statutes require that the Board of Commissioners appoints both a Tax Collector and a Tax Assessor for a term of at least two years and no more than four years. As you know, we have a Tax Administrator, Mrs. Tarasa Lewis, who serves both roles. Mrs. Lewis does meet the statutory requirements for serving in that role. Therefore, I recommend that you reappoint Mrs. Tarasa Lewis, in her capacity as the Tax Administrator, to serve as our Tax Collector and Tax Assessor for a four-year term. OFFICE OF THE COUNTY MANAGER 1 TARASA MLEWIS TAX ADMINISTRATOR Edgecombecounty November 21,2023 Mr. Eric Evans Edgecombe County Manager Mr. Evans, November has come and is going by quite fast, My re-appointment as' Tax. Assessor/Collector (Tax Administrator) is due December 4, 2023. Ididn't want it to slip by us with our busy Ihave attached some supporting documents that may bel helpful to you with this process. Iwould like for you along with the Board of Commissioners to consider ai reappointment period off four schedules. years. Thank you for your continued support. Tarasa MI Lewis, Edgecombe County Tax Administrator POB Box: 10. 201 Saint Andrew Street Tarboro, North Carolina-27886 Phone: 252-641-7855 Fax: 252-641-7864 Article 16. CountyListing, Appraisal, and Assessing Officials. $105-294. County assessor. (a) Appointment. - Persons occupying the position of shall continue in office until the first Monday: in July, 1983. At county its first 1983, and. every two years or four years thereafter, as assessor on July 1, 1983, regular meeting in July, appropriate, the board of county: commissioners of each county shal! Ewo nor more than four appoint a county assessor to serve a term of not less than years, provided, however, that no person shall be appointment to a term ofit morethan two years unlessisuch person is deemed eligible to be for initial provided in subsection (c) of this section. The board of commissioners Department Revenue as assessor from office during his term for good cause after giving him notice in may remove the opportunity to appear and bel heard at aj public session oft the board. Whenever writing and an county assessor fori thej period ofther unexpired term. appoint a qualified person to serve as Revenue between July 1, 1971, and. July 1, 1983, are deemed to be assessor by the Department of provided inisubsection (b) ofthis section or has been certified by the of qualified as a vacancy occurs to continue hold the qualified to serve as county in this office, the board of county commissioners shall (b) Persons who held the position of assessor on July 1, 1971, and position, and persons whol have been certified for appointment as assessor. Any other person selected to serve as requirements: county assessor must meet the following V(I) Be at least 21 years ofage as oft the date ofappointment; L2) Hold a high school diploma or certificate of alternative, have five years employment reasonablyrelated to the duties ofac V3) Within two years of the date of appointment, county assessor; achieve equivalency, or in the experience in a vocation which is courses ofi instruction approved by the Department ofl Revenue a passing score in a. The laws of North Carolina governing the listing, appraisal, and assessment of property for taxation; b. The theory and practice of estimating the fair market value of real property for ad valorem tax purposes; C. The theory and practice of estimating the fair market value of personal property for ad valorem tax purposes; and d. Property assessment administration. comprehensive examination in property tax administration conducted by the following topics: covering the OchK,20r4) Upon completion of the required four courses, achieve a passing grade in a Department ofl Revenue. (c) Certification. - Persons meeting all of the requirements certified by the Department of Revenue. From the date of of this section shall be certification, persons appointed to serve as county assessor appointment until the date of acting capacity. Any person who fails to qualify within two are deemed to be serving in an appointment shall not be eligible for reappointment until all oft the years after the date of initial assessor, including those persons deemed to be qualified assessor, under every the person serving as county in each period of 24 months, attend at least 30 hours of instruction provisions oft this act, shall, (€) The compensation and expenses of the Department assessor Revenue. (d) In order to retain the position of county assessment ofproperty as provided in regulations ofthel requirements have been met. of] in the appraisal or shall be determined by the board of county commissioners. G.S. 105-294 county Page 1 (f) Alternative to separate office of county assessor. - Pursuant to Act be an office that may be held concurrently with other ofcounty assessor is hereby declared to Section 9 ofthel North Carolina Constitution, the office that oft member of thel board ofcounty commissioners. any SS. 1,2; 1971, c. 806, S. 1; 1973, C.476, s.1 [Article] VI, appointive or elective office except (1939, C. 310, SS. 400, 401; 1953, c. 970, s.5.) 193; 1983, C. 813, S. 2; 1987, C. 45, Ss. 1,2;1997-23, G.S. 105-294 Page 2 11/8/2017 Article 26 Article 26. Collection and Foreclosure ofTaxes. $105-349. Appointment, term, qualifications; and bond of tax collectorsand (a) Appointment and Term.,- The governing body of each deputies: collector on or before July 1, 1971, to serve for a term to be determined county and municipality shall appoint a tax taxes shall be collected by the tax collectors presently serving under appointments are made, county and municipal an opportunity to appear and be heard at aj public session of the good cause after giving him notice in writing and however, ift the tax collector is removed for failing to meet the governing body. No hearing shall be required, delivery of the tax receipts. Unless otherwise provided by G.S. prerequisites prescribed by G.S. 105-352(b) for successor has been appointed and qualified. Until the first such may remove the tax collector from office during his term for office, the governing body shall appoint a qualified by the appointing body and until. his prior provisions oflaw. The governing body 105-373, whenever any vacancy occurs in this person to serve as tax collector for the period of the unexpired term, (c) V(b) Qualifications.- The governing body shall appoint as tax collector whose experience in business and collection work is satisfactory to the aj person of character andi integrity Bond: - No tax collector shall be allowed to governing body. conditioned upon his honesty and faithful performance begin his duties until he shall have furnished bond tax collector shall not be permitted to collect taxes in such amount as the governing body may prescribe. A permitted to continue collecting taxes after his bond. any has not covered by his bond, nor shall a tax collector be expired without renewal, (d) Compensation. - The compensation and expense allowances oft the tax collector governing body. (e) shall be fixed by the Alternative to Separate Office of Tax Collector. - Carolina Constitution, the office oft tax collector is hereby declared Pursuant to Article VI, Sec. 9, of the North with any appointive or elective office other than those hereinafter to be an office that may be held concurrently appoint as tax collector any appointive or elective officer who meets designated, the established by this section. A member oft the governing body ofa nor may the duties of the office be conferred upon him. Aj collector be conferred upon him except with the written (f) Deputy Tax Collectors. The governing body ofa collector may perform unless the governing body appointing the required by. Article VI, $7ofthel North Carolina Constitution with not allow my actions as tax collector to be influenced and the governing body may personal and bonding requirements taxing unit may not be appointed tax collector, collector, nor may the duties of the office oft tax accounting officer of a taxing unit may not be appointed tax person appointed or elected as the treasurer or chief Commission who, before giving his permission, shall permission of the secretary of the Local Government are sufficient toj prevent improper handling of public funds. satisfy himself that the unit's internal control procedures or more deputy tax collectors and to establish their terms ofoffice, county or municipality is authorized to appoint one deputy tax collector shall have authority toj perform, under the direction compensation, and bonding requirements. A oft the tax collector, any act that the tax deputy specifically limits the scope of the the following phrase added to it: "that Iwill deputy's authority. (g) Oath, - Every tax collector and deputy tax collector, as the holder of an office, shall take the oath oath must be filed with the clerk oft the governing body by oft the personal or political friendships or obligations,". The 537; 1971, C. 806, S. 1;1 1991, C. 110, S. 6; 1991 (Reg. Sess., taxing unit, (1939,c.310, SS. 1701, 1702;1957,C. 1992), C. 1007, s.2 23.) ----- 1/1 ATTACHMENT #6 Memorandum To: From: Date: Re: Board of Commissioners Eric Evans, County Manager 6 12/1/23 Edgecombecounty Modification of Urgent Repair '23 Funding Agreement Edgecombe County was awarded $67,000 by the North Carolina Finance Agency (NCHFA) under the 2023 cycle of the Urgent Repair Housing (URP). The goal of the project is to assist at least 5 very-low and low-income Program families with special needs in addressing housing conditions that imminent threats to their life and/or safety or to provide modifications and other repairs necessary to prevent displacement. accessibility the acceptance of that award, we have been offered the receive an additional $65,000 in URP'23funds. pose Since opportunity to recommend that you accept the additional award by approving the funding agreement and amended project ordinance. OFFICE OFTHE COUNTY MANAGER 1 URGENTI REPAIR PROGRAM2023 GRANTPROJECT ORDINANCE MODIFICATION BEI IT ORDAINED by the Governing Board of Edgecombe County, North to Section 13.2 of Chapter 159 oft the General Statutes ofl North Carolina, the: Carolina, that pursuant following modified grant project ordinance is hereby adopted: Section 1. Thej project authorized ist the Urgent Repair Program (URP) contained in the Grant Agreement between the County and the North Carolina Housing Finance. Agency. Section 2. The officers ofthis unit arel hereby directed toj proceed with the Section 3. The following amounts are appropriated for this project: Urgent Repair 2023 - Original Appropriation Urgent Repair 2023 - Additional Appropriation terms of the grant agreement, thei rules and regulations oft thel North Carolina Housing grant Finance. project within the thel budget contained herein. Agency and $67,000 $65.000 $132,000 TOTAL Section 4. The following revenues: are anticipated to be available to complete this project: Urgent Repair Grant 2023- Hard Costs Urgent Repair Grant 2023. - Administration $120,000 $12.000 $132,000 TOTAL Section: 5. Thel Financel Director is hereby directed to maintain within the Grant sufficient specific detailed accounting records to satisfy the requirements oft the County, Project Fund and! Federal and State regulations. the grantor agency financial status Section 6. Thel Finance Director is directed toi report, on a oft thej project element of Section 3, and the total revenues received or quarterly claimed. basis, Section 7. The Budget Officer is directed to include a detailed analysis ont the and revenues on this grant project in every budget submission madei tot this Board. ofp past and future costs Section 8. Copies of this grant project ordinance shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Director for direction in carrying out this Governing project. Adopted this 4th day ofl December. 2023. LEONARD WIGGINS, CHAIRMAN EDGECOMBE COUNTY BOARD OF COMMISSIONERS ATTEST: FRANGIE MUNGO CLERK TO THE BOARD DocuSign Envelope ID: BOF6D9C74EEDACCC5F8D0F7324 MODIFICATION OF THE 2023 URGENT REPAIR PROGRAM This Modification of the 2023 Urgent Repair Program (URP23). )Funding Agreement FUNDING AGREEMENT URP2308 Subrecipients (the "Agreement") is entered into on the 16th ofNovember Carolina Housing Finance. Agency, aj public agency and for 2023 between the North (the "Agency") and Edgecombe instrumentality ofthe State ofl North Carolina, County (the "Recipient"). RECITALS WHEREAS, the parties previously entered into that certain 2023 Urgent (URP2308) Funding Agreement dated 14th of September 2023 (the "Original Repair Program the URP23 Program Guidelines (the "Program Guidelines"); and Agreement") pursuant to would WHEREAS, the Original Agreement provided, in part, that the WHEREAS, the Recipient was determined to be eligible for their award in the amount of $67,000; and total allocation of $132,000; and Recipient be allocated an complete funding request fora WHEREAS, the Agency awarded additional funds to the Recipient for a total award WHEREAS, the parties desire to modify the Original Agreement to reflect $132,000; and of allocated upon and subject to the terms, covenants and conditions and the total funds agreements herein. AGREEMENT NOW' THEREFORE, in consideration oft the mutual covenants and herein and other valuable consideration, the receipt and sufficiency of which agreements contained LAckmowledgments, Affirmations, Representations and Representations and Warranties Agency and Recipient, intending to be legally bound, The Recipient acknowledges and affirms that: are hereby acknowledged, hereby agree as follows: 1.All oft the statements contained herein are true and correct. 2. All representations, warranties and covenants contained in, and schedules attached to the Original Agreement are true and correct on and as oft the date and exhibits, ifany, hereof, are incorporated herein by reference and are hereby remade. 3. Other than as stated herein, the Recipient is in compliance with the terms of the Agreement, and no condition exists which would constitute an event of default under the Original Agreement or. Program Guidelines but for the giving ofnotice or passage of time, or both. Original II.A Agreement to Modify Original Agreement The Original Agreement is hereby modified as follows: 1. All references to the amount of funds obligated, awarded, reserved and/or allocated under the Original Agreement shall reflect a funded amount not to exceed $132,000. 2. Funds for Cost of Repairs: $120,000 oft the Funding Amount are funded from the State appropriated HTF Fund, and shall be used: for the cost of repairs to the property, as more DocuSign Envelope ID: OraD9C7394EEDACCC5F8D0FP73244 fully-described in the Guidelines, section 2.1. Funds for repairs shall only be utilized in the service areas specified in Section E- Service. Area Requirements oft the Post-Approval 3. Funds for Administrative Costs: $12,000 ofthe Funding Amount are funded from the Agency funds, and shall be used for administrative costs incurred by the Recipient for running the Program, as more: flly-described in the Guidelines, section 2.1. 4. All references in the Original Agreement shall mean the Original Agreement amended Documentation as signed by the Recipient. hereby. II. Miscellaneous 1.This Agreement is a modification of the Original Agreement, and: not ai novation; ai modification of the terms of an existing contractual relationship between the increase the total funds awarded to the Recipient, and is not intended as a cancellation parties in of order the to obligation or the creation of ai new contract. The parties to this instrument confirm the terms of original the Original Agreement and all other related documents, as modified by this Modification. 2. All references in the Original Agreement shall mean the agreement as amended hereby. 3. Except as expressly amended and modified herein, the Original Agreement remains unmodified rather, it constitutes in full force and effect. and 4. This Agreement constitutes the entire agreement between the parties hereto with matter hereof, and supersedes any prior agreements, understandings, representations between the parties with regard thereto. regard to the subject restrictions, warranties, or 5.1 This Agreement shall be governed and construed in accordance with the laws oft the State 6.Ifany provision of this Agreement is determined by a court of competent jurisdiction to bei invalid, such provision shall be severed from this Agreement, and the other provisions of illegal IN WITNESS WHEREOF, Recipient and Agency have signed this Modification of the 2023 Carolina. ofNorth or shall continue in full force and effect. this Agreement Urgent Repair Program Funding Agreement on the date written above. DocuSigned by: Franje Mg Attest Edgecombe ombe_County bber By: Its: County Manager DocuSigned! by: Sarah 9. Yinn 007040B Attest North Carplina Housing Finance. Agency Mickael Hardley By: Its: Manager of] Home Ownership ATTACHMENT #7 Memorandum To: From: Date: Re: Board of Commissioners Eric Evans, County Manager dv ECPS A Application to the Lottery Fund 12/1/23 BigecombeCounty Edgecombe County Schools plans to use state lottery funds to perform roof repairs at Bulluck Elementary, Carver Elementary, North Edgecombe High School, and Phillips Middle School. To use these funds for these projects, the Board of commissioners must jointly request the release of these funds along with ECPS. Therefore, before you are the applications for Public School Building Capital Funds, which have already been approved by the School Board. I recommend that you approve the applications to request these funds. OFFICE OFTHE COUNTY MANAGER 1 Edgecombe County Public Schools BOARD MEETING November 29, 2023 ITEM FOR ACTION Request Board approval of the submission of the Distribution Request Public School Building Repair & Renovation Fund (PBSRRF) North Carolina Educational applications to NCDPI for the facility repairs of the roofs, by replacing old shingles Lottery and damaged wood underneath the shingles, at G. W. Bulluck Elementary, G. .W. Carver any Elementary, North Edgecombe High and Phillips Middle Schools. The project will early, January 2024 and conclude by mid-February 2024. The estimated cost to begin construction facility roof repairs are: exiting School Estimated Cost G.W. Bulluck Elementary G.W. Carver Elementary North Edgecombe High Phillips Middie $30,000.00 $25,000.00 $43,000.00 $38,000.00 $136,000.00 Total Contact: Dr. Andy Bryan, Superintendent andrewbryanecpsus RECOMMENDATION Board approval of the Submission of the Distribution Request Public School Repair & Renpvation Fund (PBSRRF) North Carolina Educational NCDPI1 for the Facility Repairs of the Roofs at G. W. Bulluck Elementary, Lottery G. Applications W. Carver to Elementary, North Edgecombe High and Phillips Middle Schools int the Estimated Amount of$136,000.00 (One Hundred Thirty-Six Thousand Dollars) Builcing GOAL: College Acceptance for All DISTRIBUTIONREQUEST PUBLIC SCHOOL BUILDING REPAIR & RENOVATION FUND NORTH CAROLINA EDUCATION LOTTERY Date of Request: December 4, 2023 DPI USE ONLY Approved By: Date: County: Edgecombe Contact Person: Dr. Andy Bryan Address: 201 St. Andrews Street-POE Box 10,Tarboro, NC2 27886 Title: Superintendent LEA: Edgecombe County Public Schools (330) Phone: 252-641-2657 Address: 2311 Nortr Main Street, Tarboro, NC 27886 Email: anarewoyaneecps.us Project Title: GW Bulluck Elementary (304) School-Roof Repair Project Address: 8090 Bulluck School Road, Rocky Mounty NC: 27801 Type of Facility: Elementary School The Public Schopl Building Repair & Renovation Fund was established by S.L. 2021-180, Section 4.4.(a1). The purpose of the Fund is to provide revenue to counties for repair and renovation projects. Per G.S. 115C-546.16, counties are to utilize funds for enlargement, improvement, expansion, repair, or renovation of classroom facilities at public school buildings within local school administrative units (LEAs) located in the county. As used in this context, "Public School Buildings" shall include only facilities for individual schools that are used for instructional and related purposes, and does not Brief Project Description (include est. startlend dates): Repair roof by replacing old shingles and any damaged wood underneath shingles. Project willl begin early January 2024 and conclude by Mid-February: 2024. include administration, maintenance, or other facilities. Estimated Costs: Planning and Design Services.. New Construction - Facility Enlargement New Construction-A Addition(s) Existing Construction = Facility Improvements Existing Construction - Facility Repairs Existing Construction- - Facility Renovations $ $ $ $ $30,000 $ TOTAL. We, the undersigned, agree to submit a statement of state monies expended for this project within 60 The County Commissioners and the Board of Education do hereby jointly request approval of the above Repair & Renovation Fund. We certify that the project herein described is within the parameters of days following completion of the project. project, and requést the release of $30,000 from the Public School Building G.S. 115C-546. (Signature a Chair, Gounty Commissioners) MhMlio (Signature- - Chaif, Board ofE Education) PRINTFORM (Date) 1-29-23 (Date) CLEARFORM DSTRIBUTIONREQUEST PUBLIC SCHODL BUILDING REPAIR & RENOVATION FUND NORTH CAROLINA EDUCATION LOTTERY Date of Request: December 4, 2023 DPI USE ONLY Approved By: Date: County: Edgecombe Contact Person: Dr. Andy Bryan Address: 201 SL Andrew Street-POE Box1 10,Tarbord, NC 27886 Title: Superintendent LEA: Edgecombe County Public! Schools (330) Phone: 252-641-2657 Address: 2311 North Main Street, Tarboro, NC 27886 Email: andrewbyan@ecs.us Project Title: GW Carver Elementary (308) School-Roof Repair Project Address: 700 East Hamlet Street, PO Box 48, Pinetops, NC 27864 Type of Facility: Elementary School The Public School Building Repair & Renovation Fund was established by S.L. 2021-180, Section 4.4.(a1). The purpose of the Fund is to provide revenue to counties for repair and renovation projects. Per G.S. 115C-546.16, counties are to utilize funds for enlargement, improvement, expansion, repair, or renovation of classroom facilities at public school buildings within local school administrative units (LEAs) located in the county. As used in this context, "Public School Buildings" shall include only facilities forindividual schools that are used fori instructional and related purposes, and does not Brief Project Description (include est. start/end dates): Repair roof by replacing old shingles and any damaged wood underneath shingles. Project willl begin earlyJanuary! 2024 and conclude by! Mid-February: 2024. include administration, maintenance, or other facilities. Estimated Costs: Planning and Design Services.. New Construction - Facility Enlargement New Construction - Addition(s) Existing Construdtion- - Facility Improvements Existing Construction = Facility Repairs Existing Construdtion - Facility Renovations $ $ $ $ $25,000 $ TOTAL. We, the undersighed, agree to submit a statement of state monies expended for this project within 60 The County Commissioners and the Board of Education do hereby jointly request approval of the above Repair & Renovation Fund. We certify that the project herein described is within the parameters of days following completion of the project. project, and request the release of $25,000 from the Public School Building G.S. 115C-546. (Signature- - Chair, Çounty Commissioners), (Signature - Chair, Board ofE PEHtha PRINT FORM, (Date) 1-79.23 (Date) CLEAR FORM Education) DISTRIBUTION REQUEST PUBLIC SCHOOL BUILDING REPAIR & RENOVATION FUND NORTH CAROLINA EDUCATION LOTTERY Date of Request: December 4, 2023 DPI USE ONLY Approved By: Date: County: Edgecombe Contact Person: Dr. Andy Bryan Address: 201 St. Andrews Street-PO Box 10,Tarboro, NC 27886 Title: Superintendent LEA; Edgecombe County Public Schools (330) Phone: 252-641-2657 Address: 2311 North Main Street, Tarboro, NC: 27886 Email: andrewbyaneeçpsus Project Title: North Edgecombe High School-Roof Repair Project Address: 7589 NC: 33-NW, Tarboro, NÇ: 27886 Type of Facility: High School The Public School Building Repair & Renovation Fund was established by S.L. 2021-180, Section 4.4.(a1). The purpose of the Fund is to provide revenue to counties for repair and renovation projects. Per G.S. 115C-546.16, counties are to utilize funds for enlargement, improvement, expansion, repair, or renovation of classroom facilities at public school buildings within local school administrative units (LEAs) located in the county. As used ini this context, "Public School Buildings" shall include only facilities for individual schools that are used for instructional and related purposes, and does not Brief Project Description (include est. start/end dates): Repair roof by replacing old shingles and any damaged wood underneath shingles. Project will begin early. January 2024 ando conclude by! Mid-February 2024. include administration, maintenance, or other facilities. Estimated Costs: Planning and Design Services.. New Construction - Facility Enlargement New Construction - Addition(s) Existing Construction- - Facility Improvements Existing Construction - Facility Repairs Existing Construction - Facility Renovations $ $ $ $ $43,000 $ TOTAL We, the undersighed, agree to submit a statement of state monies expended for this project within 60 The County Commissioners and the Board of Education do hereby. jointly request approval of the above Repair & Renovation Fund. We certify that the project herein described is within the parameters of days following completion of the project. project, and request the release of $43,000 from the Public School Building G.S. 115C-546. (Signature- - Chair, Çounty Commissioners) DPustl. (Signature - Chair, Board ofE Education) PRINTFORM; (Date) 1-79.23 (Date) CLEARFORM DISTRIBUTION REQUEST PUBLIC SCHOOL BUILDING REPAIR & RENOVATION FUND NORTH CAROLINA EDUCATION LOTTERY Date of Request: December 4, 2023 DPI USE ONLY Approved By: Date:, County: Edgecombe Contact Person: Dr. Andy Bryan Address:2018L Andrews Sireet-POBox1 10.Tartoro, NC2 27886 Title: Superintendent LEA: Edgecombe County Public Schools (330) Phone: 252-641-2657 Address: 2311 North Main Street, Tarboro, NC27886 Email: andrewbryan@ecps.us Project Title: Phillips Middle School (332) School-Roof Repair Project Address: 4371 Batleboro-Legget! Road, Battleboro, NC2 27809 Type of Facility: Middle School The Public Schopl Building Repair & Renovation Fund was established Section 4.4.(a1). The purpose of the Fund is to by S.L. 2021-180, and renovation projects. Per G.S. 115C-546.16, provide revenue to counties for repair public school buildings within expansion, local repair, or renovation of classroom facilities at for individual schools that are used for instructional and shall include only facilities include administration, maintenance, or other facilities. related purposes, and does not wood underneath shirigles. Project wil begin early, January 2024 and by replacing old shingles and any damaged enlargement, improvement, counties are to utilize funds for school administrative units county. As used in this context, "Public School Buildings" Brief Project Description (include est. startlend dates): Repair roof (LEAs) located in the conclude by Mid-February: 2024. Estimated Costs: Planning and Design Services.. New Construction Facility Enlargement New Construction - Addition(s) Existing Construc'ion-F Facility Improvements Existing Construc jon = Facility Repairs Existing Construction - Facility Renovations $_ $ $ $ $38,000 $ TOTAL We, the undersigned, agree to submit a statement of state monies expended The County Commissioners and the Board of Education do hereby days following completion oft the project. project, and request the release of $38,000 for this project within 60 jointly request approval of the above is within the parameters of Repair & Renovation Fund. We certify that the project herein described from the Public School Building G.S. 115C-546. (Signature- - Chair, County Commissioners) (Signature Chair, Bgard of Education) hila PRINT FORM (Date) 1-29.23 (Date) CLEAR FORM ATTACHMENT #8 Memorandum To: From: Date: Re: Board of Commissioners Eric Evans, County Manager 12/1/23 ElgacombeCounty Updated Memorandum Agreement with Cooperative Extension Presented for your consideration is an updated Memorandum of Agreement with NC State University for Cooperative Extension. The MOA describes the nature of the relationship and our respective responsibilities for hosting and supporting Cooperative Extension here in our County. A summary of the changes from the previous agreement is provided. These changes are improvements in clarifying the provisions of the agreement, but there are no substantive changes to our relationship, roles, or responsibilities. recommend that you approve the MOA as presented. OFFICE OFTHE COUNTY MANAGER 1 NC STATE EXTENSION Memorandum of Agreement Between The Board of County Commissioners Edgecombe County And North Carolina State University (NO040380.1) Preamble North Carolina State Extension (NC State Extension) was established as a part of the College of Agriculture and Life Sciences of North Carolina State University (NCSU) by federal and state legislation for the specific purpose of "extending" the educational services of the University to the people of the state, on subjects related to agriculture and natural resources, family and consumer sciences, 4-H youth development, and community and rural development. The laws creating the Cooperative Extension Service were specifically designed to assure that the findings ofr research in these areasare Under the Federal Appropriations Act of 1972, funds were provided to the 1862 land-grant universities (including NCSU) to enhance the extension outreach of the 1890 universities, which included North Carolina A&TS State University (NCA&T). The Food and Agriculture. Actof1977 further stipulated that these funds be appropriated directly to the 1890 institutions, and formalized the North Carolina Cooperative Extension Program as an official part of the School of Agriculture and Environmental North Carolina Cooperative Extension (Cooperative Extension) provides the opportunity for North Carolina State Extension and North Carolina A & T Extension to work together to better serve the people oft the State through the delivery of locally relevant programs, education and expertise. The legislation further provided for a cooperative relationship among three levels of govemment - federal, state, and county - to ensure that the needs of all three levels are addressed. The primary purpose of Cooperative Extension is to provide the people of North Carolina with the most current and relevant unbiased research-Dased information - particularly that which is related to strengthening the economy through profitable, sustainable and safe food, forest and green industry systems; protecting the environment and natural resources; and empowering youth and families to lead healthier lives and become community leaders. These purposes are furthered by Cooperative Extension employees who are charged with carrying out the extension education programs of the universities and the U.S. Cooperative Extension has sufficient flexibility to permit attention to the special problems, needs, and interests of the citizens and leadership in each county. Therefore, the programmatic, personnel, and funding complement reflects the unique needs of each county. County Advisory Councils are consulted on a regular basis to assist in prioritizing the county educational program content. Program clientele or recipients ofservices includeindviduals, families, communities, municipalities, agricultural and seafood processing and marketing firms, other businesses and certain organizations. These services are To assure that educational programs offered by Cooperative Extension meet the needs of the local clientele, it is important that both elected and appointed decision makers at each level of government understand their respective responsibilities and relationships in conducting and funding this work. To this end, this Memorandum of Agreement will detail the individual relationships and mutually agreed- upon responsibilities of NCSU and each county or tribal community that signs this Memorandum of communicated to the people oft the State. Sciences at NCA&T. Department of Agriculture. delivered to adults and youth in both urban and rural settings. Agreement. (N0040380.1) 2 Partl. NC State Extension will: 1. Establish minimum requirements and qualifications for employment in Cooperative Extension work. 2. Receive and examine applications for employment. 3. Interview and screen applicants to determine their qualifications and availability. 4. Consult with the Board of County Commissioners, or the County Manager as designee, regarding qualified applicants fora appointment to vacant or new Cooperative Extensionposiions. 5. Consult with the Board of County Commissioners, or the County Manager as designee, regarding the salaries and salary splits of all Cooperative Extension employees, including not limited to County Extension Directors, Extension Agents, and County Operations but Support Staff (COSS). 6. Prepare and submit an annual budget to the Board of County Commissioners, or the County Manager as designee, for securing the county's share of funds for salaries and operating 7. Provide funds for official travel necessary to conduct Cooperative Extension work and postage funds, to the extent that funds are available, and for purposes authorized by state and federal 8. Accept responsibility and provide the leadership for administration and supervision of Cooperative Extension programs and personnel, including compliance with affirmative action and equal employment opportunity requirements. NC State will investigate all cases of discrimination, harassment, or retaliation following applicable NC State policies. 9. Investigate and manage all employee relations issues related to NC State employees housed in local offices. We will work collaboratively with local county government and NC A&T University expenses each based on the state fiscal year. policies. when an issue impacts their employees. 10.Develop and administer a personnel management plan that will provide the annual review of each employee's performance, counseling for job improvement where needed, and periodic 11.Provide a staff of specialists to train agents in current technology and other changes agriculture and natural resources, family and consumer sciences, 4-Hand youth, and affecting and rural development, and to otherwise assist them in conducting work in these areas. community county program reviews. (N0040380.1) 3 12.Provide Cooperative Extension professionals with training programs as needed to maintain 13.Seek regular input from the County and maintain a County Advisory Leadership System to ensure that county Cooperative Extension programs are based ont the particular needs of people 14.Prepare and submit a "Report to the People" to the Board of Commissioners, or the County Manager as designee, at least annually, informing the Board or Manager of Cooperative effective program delivery. int their respective county. Extension programs and work accomplished. PartIl. The Board of County Commissioners will: 1. Provide the County's share of salaries and benefits for Cooperative Extension personnel. 2. Comply with North Carolina's Workers Compensation Act, N.C. General Statute S 97-2(2). 3. Provide offices, equipment, utilities, telephones, office supplies, instructional materials and other items needed for efficient operation of the County Extension Center and its programs; and 4. Review and consider the annual budget request from NCSU, and take appropriate action by. July 5. -- Provide regular input to the District and County Extension Directors on the particular needs of people in their respective county to help ensure that county Cooperative Extension programs comply with the accessibility provisions of the Americans with Disabilities Act. 1ofeach fiscal year. are based on specific needs and meet county programming plans. Part III. NC State Extension and the Board of County Commissioners mutually agree: 1. That all county Cooperative Extension employment appointments and separations willl be made ino consultation between NCSU and the Board ofCounty Commissioners, or the County Manager as designee, and that no official action related to such appointments or separations will be taken by either party regarding appointment or separation prior to discussion of the matter with the 2. That the Board of County Commissioners and NCSU shall each be responsible for compliance 3. To cooperate in implementing affirmative action and equal employment opportunity plans of other party. with applicable laws and regulations relating to their respective operations. NCSU. (N0040380.1) 4 4. The parties will work together to maintain an environment of high-quality cooperation and services. At the request of any party, a meeting or conference will promptly be held between. the Parties' representatives to resolve any problems or develop any improvements. 5. That the policies established by the State of North Carolina under N.C. General Statute $126 and followed by the UNC System for SHRA employees be used in the granting and administration of leave related to the earning rates, transfer policies, payout computation and timing, and administration of vacation, sick, civil, community involvement, military, Family and Medical Leave, Family Iliness Leave, leaves of absence, and other approved leave programs 6. That Cooperative Extension employees will follow county policies relative to office hours, office closings for inclement weather, and holidays, and for the management and use of county for Cooperative Extension personnel. property. 7. That personnel procedures are as follows: (a) Establishing Accounts to Operationalize the Payroll Process. To operationalize the payroll arrangement, NCSU will establish a Trust Fund Account fori the County at NCSU that will serve as the vehicle fort the transfer of funds fromi the County to NCSU for use in paying the county's agreed-upon share of salary and ii. Procedure for Providing Funds to the Account. A State Treasurer's Electronic Payment System (STEPS) form will be completed and the original submitted to the Assistant Extension Director of HR and Operational Strategy via the appropriate District Extension Director. The County Finance Officer, or the designated County representative, will receive notification from the NCSU College of Agriculture and Life Sciences HR Office prior to the University's payroll date, generally the last working day of each month, advising the amount due for the current payroll. Within 5 business days following the payday, the respective University will draft against the County's iii. Administration ofthe Account. The trust account willl be maintained in accordance with the respective NCSU accounting policies and procedures. The trust account will be audited and reconciled by the NCSU College of Agriculture and Life Sciences Business Office to ensure the month-end account balance remains zero. benefits for Cooperative Extension personnel. established trust account ini the amount communicated. (b) Employee Benefits. i. Retirement Benefits. All Extension Personnel will participate solely in either the North Carolina Teachers and State Employees Retirement System (TSERS) and accompanying North Carolina Disability Income Plan, ort the Optional Retirement Plan, based on eligibility criteria established by the State. They will be eligible solely for respective NCSU employee benefits forwhich they qualify based on their appointment and FTE, and former federal appointees will maintain federal benefits, the employer- paid parts of which will be paid for solely by NCSU. (N0040380.1) 5 (c) Taxes and Fringe Benefits. . The County will be responsible for providing their proportional share of fringe benefits for all Cooperative Extension personnel, including but not limited to the following: 1. Employer contributions to all applicable Federal and State taxes. 2. Employer contribution to TSERS per N.C. General Statute $135, ort to ORP per 3. Employer contribution to the Health Insurance matching charges per N.C. N.C. General Statute $135-5.1. General Statute $135. (d) Workers' Compensation will be administered pursuant to N.C. General Statute $97-2(2). The County will provide full and directcoverage for those employees subject tot the County workers' compensation insurance within the county insurance program. Employees for whom the County will maintain workers' compensation coverage are the following: 1. All administrative and any other positions designated as County Operations Support Staff (COSS); and a. All Program Assistants/Associates who are not funded by directly allocated federal funds such as EFNEP, or Program Assistants/Assoclaltes who are paid in part by EFNEP funds but which account for less than 50% funding. b. NCSU will provide full and direct coverage for their respective Cooperative Extension employees subject to NCSU's workers' compensation insurance. Cooperative Extension employees for whom NCSU will maintain workers' compensation coverage are the .A All County Extension Directors and Extension Agents; and li. All Program Assistants or Associates who are funded by directly allocated federal funds such as EFNEP, or Programs Assistants or Associates who are paid in part by EFNEP funds at equal to following: or more than 50% funding. (e)! Employee Separation 1. NCSU will process severance pay for reductions-in-force (RIFs) as delineated in the COSS Employee Handbook for County Operations Support Staff 2. Upon an employee's separation, the County will pay out its proportional share ofa annuallvacation leave, up to a maximum of 240 hours per the OSHR and/or UNC System guidelines, and any applicable bonus leave balance. (COSS). (NO040380.1) 6 3. The County will pay its proportional share of state longevity for COSS employees upon an employee's service anniversary date. 4. The County will pay out its proportional share of any accrued l"extra" time (hour-for-hour) or overtime (1.5 hour-for-hour) to Cooperative Extension employees that are subject to Fair Labor Standards Act or the North Carolina Wage and Hour Act upon an employee's earning anniversary date or as due to the employee at the time of separation. (D) Optional County-paid Salary Increases or Bonuses to Cooperative Extension Personnel. At their discretion, Counties may award additional permanent salary increases or one- time pay awards ("bonuses") to Cooperative Extension personnel. Ifsuch increases or bonuses are proposed by the County under the "non-lock-in" salary payroll arrangement, they must be communicated to the appropriate District Extension Director's office no later than the first day of any month in which the proposed increase orb bonus is to be applied. Increases must be entered in the current fiscal year. (g)! Lock-In Provision This section describes the preferred arrangement to support the salary agreement between the County and NCSU for Extension personnel. All counties will participate in the Lock-In provision unless designated on an Opt-Out Addendum the arrangement as Non Lock-In. 1. SalaryAdjustments for Extension Employees under the Lock-In Provision. The full compensation plan for university employees as approved by the General Assembly and implemented by the Office of the President, University of North Carolina System, will serve as the basis for all compensation adjustments and both the County and NCSU will adhere to the plan's effective dates and implementation instructions. Cooperative Extension personnel receiving salary from grant funds will be governed by the terms and conditions oft the applicable grant within the scope and applicability of NCSU personnel policies governing grants. These compensation components include, but are not! limited to: Across-the-board adjustments, Cost-of-living adjustments (COLA), Merit adjustments, Bonuses (in any form conveyed), and Promotion, classification, market, or equity adjustments. Salary and Benefits. Salaries and benefits, as delineated above in 7(a-e), will be split according to the hiring agreement and will be detailed on an attached addendum. As both parties may provide increases, these percentages will change slightly from the original hire percentage. (NO040380.1) 7 2. County Increases in the Lock-In Provision The County may elect to include NCSU employees in County increases, bonuses, etc, at any time. See 7(f) for. more information on submitting county increases. Lock-In Provision indicates that all State adjustments will be honored and automatically drafted, but the County is not limited to just the State increases in this agreement. Part/ IV. DURATION, AMENDMENT, AND TERMINATION The parties will conduct a periodic review of this collaboration and responsibilities to determine and evaluate whethert the parties are achieving the goals and accomplishing the responsibilities activities herein. No amendment of the terms of this Agreement will be effective unless made in writing and Signatures of the persons below authorize execution of this document, effective as of July1.2023, and continuing year-to-year, unless otherwise terminated in writing by either party under written notification to the other party no less than one-hundred twenty (120) days prior to the proposed termination date. Termination of this Memorandum of Agreement shall have the effect of signed by each Party's authorized signatory. terminating the Cooperative Extension activities and programs in the County. Signature: Date: Chairperson or Designee Board of County Commissioners Edgecombe County Signature: Director Date: North Carolina Cooperative Extension North Carolina State University Signature: Dean Date: College of Agriculture and Life Sciences North Carolina State University Addendum Attached Executed (N0040380.1) 8 NC STATE EXTENSION Edgecombe County Addendum to Memorandum of Agreement This addendum documents the current salary percentages provided by the County and by NCSU. Salary Percentages for Edgecombe County as of October 31, 2023. Salary Percentage NCSU 50.4 0 20.6 51 100 50.5 100 0 75.3 34.4 35 Position Title Salary Percentage County 49.6 100 39.7 49 0 49.5 0 County Extension Director - 4-H Youth Development Program Assistant - 4-H Youth Development Area Agent - Livestock (shared with Nash County) Agent-AgnoulturefField Crops Farm Worker Educator (grant Agent - AgncuturelHoricumure Area Agent - Digital Skills (grant Agent - CRD (NC A&Tfunded) Program Assistant-E EFNEP Area Agent - Family and Consumer Sciences (shared with Nash Admininstrative Assistant funded) funded) 24.7 34.5 65 County) County Ag Add-On= =. .5 Any position added to this county's staff of Extension Personnel through mutual agreement. between the County and NCSU. subsequent to the effective date oft this modification will have its funding splits documented in correspondence between this County and NCSU andi will become part of this Agreement. Addendum to the Memorandum of Agreement Change to Payroll Arrangement for Edgecombe County Under a Lock-in agreement with NC Cooperative Extension, counties agree to fund salary adjustments, increases and bonuses and promotions earned according to the current percentage of employee salaries. Counties that are not lock-in are encouraged to fund state increases, bonus and promotions eamed. In both scenarios, counties may include Extension employees in any county increases, longevity or raises at any time. Non Lock-In Provisions of the Cooperative Arrangement the following provisions, guidelines, and procedures. Enacting the Non Lock-in Provision. By signing this addendum, the County and NCSU shall adhere to 1. The county agrees to all provisions, guidelines, and procedures of the existing MOA with the 2. Salary Adjustments for Extension Employees under the Non Lock-In Provision. The full compensation plan for university employees as approved by the General Assembly and implemented by the Office of the President, University of North Carolina System, will serve as the basis for all compensation adjustments for NCSU. The County may. match the salary adjustments on their percentage of the employee salary. Cooperative Extension personnel receiving salary from grant funds will be govemed by the terms and conditions of the applicable grant within the scope and applicability of NCSU personnel policies governing grants. These exception ofi item 7(g) the Lock-in Provision.. compensation components include, but are not limited to: Across-the-board adjustments, Cost-of-living adjustments (COLA), Merit adjustments, Bonuses (in any form conveyed), and Promotion, classification, market, or equity adjustments. Salary and Benefits. Salaries and benefits, as delineated above in 7(a-e), will be split according to the hiring agreement and will be detailed on an attached addendum. As both parties may provide increases, these percentages will change slightly from the original hire percentage. Change from Lock-In Provision to Non Lock-in (formerly known as Send In) The above named county wishes to change its payroll agreement with North Carolina Cooperative Extension, as initially approved on. to non Lock-in. Signatures of the persons below authorize execution of this document, effective, party no less than one-hundred twenty (120) days prior to the desired termination date. (date), and continuing year-to-year, unless otherwise terminated in writing by either party under notification to the other Chairperson or Designee = Board of County Commissioners Signature: Date: Director. North Carolina Cooperative Extension Service. NC State University or Designee Signature: Date: Summary of Changes 2006 Memorandum of Understanding 2023 Memorandum of Agreement NC State Extension and Board of County Commissioners Changes are reflected int the 2023 MOA as follows: Updated terms throughout the document: North Carolina Cooperative Extension Service (NCCES) - NC State Extension Memorandum of Understanding - Memorandum of Agreement Secretaries - COSS Extension - Cooperative Extension Send-In - Non Lock-In NCSUINCA8T-NCSU SPA-SHRA State Retirement System - TSERS Partl, Page 3 Item 5 - added the words "salary splits" Deleted: Determine jointly with the County Board of Commissioners, ort the County Manager as designee, the share of salaries to be paid by each and provide the University share of these salaries. Item 7 - added "postage" Deleted: Provide Extension employees with funds for postage, bulletins, leaflets and other publications for delivering Extension programming and conducting business. regular Item 8 -Added: NC State will investigate all cases of discrimination, harassment, Item 9. -Added: Investigate and manage all employee relations issues related State employees housed in local offices. We will work collaboratively with local to NC govemment and NC A&T University when an issue impacts their employees. county retaliation following applicable NC State policies. or Part II, Page 4 No changes. Part lll, Page 4 Item 3 - Change "applying"to "implementing" 1 Item 4 -Added new item: The parties will work together to maintain an environment of high-quality cooperation and services. At the request of any party, a meeting or conference will promptly be held between the Parties' representatives to resolve any Item 5- Deleted: Educational leaves of absence for EPA employees provided under University, policy will be reviewed in consultation with the County. Item Deleted: That Extension employees will not be classified under a county problems or develop any improvements. classification system. Part III, Page 5 Item 7 - Remove Section 7.1 (refers to "Send-In") Section 7.2 remove references to "send-in", otherwise no changes to personnel procedures Partill, Page 6 Section 7(e) Deleted: under Office of State Personnel guidelines for County-based employees subject to the State Personnel. Act (SPA) and unemployment compensation Section 7(e)Added: COSS Employee Handbook for County Operations Support Staff as mandated by the State. (COSS). Section 7(f) Added: Increases must be entered in the current fiscal year. Part III, Page 7 Added: This section describes the preferred arrangement to support the salary agreement between the County and NCSUfor Extension personnel. All counties will participate in the Lock-In provision unless designated on an Opt-OutAddendum, the arrangement as Non Lock-In. Deleted: Optional Lock-in Provision This section, ifenacted by separate signature of the County, effects an optional "lock-in" agreement between the County and NCSU/NCA&T: for Extension personnel. The "lock- in"provision establishes constants to be maintained over the course oft the agreement Sections 8.1 and 8.2 of MOU combined into 7(g) of MOAI reflecting all Extension Employees rather than splitting SPA and EPA (terms no longer used) Deleted: Section 8.3 and 8.3 Option. Aa and Option B of MOU forcost-share percentages. 2 Partill, Page 8 Added: Salary and Benefits. Salaries and benefits, as delineated split according to the hiring agreement and will be detailed As both parties may provide. increases, these County Increases in the Lock-In Provision The County may elect to include NCSU employees at any time. See 7(f) fori more information on above in 7(a-e), will be on an attached addendum. original hire percentage. percentages will change slightly from the in County increases, bonuses, etc. Provision indicates that all State adjustments submitting county increases. Lock-In but the County is not limited to just the State increases will be honored and automatically drafted, in this agreement. Part IV, Page 8 Deleted: A semi-annual meeting willl be convened to maintain developments, concerns and changes within the scope oft communication of ideas, Extension relationship. Members of the committee will the Counties and Cooperative North Carolina Association of County Commissioners include representatives oft the County Govemments as recommended. by the NCAAC, (NCAAC), and representatives from designees of Cooperative Extension. administrators and collaboration and Added: The parties will conduct a periodic review oft this responsibilties to determine and evaluate whether and accomplishing the responsibilities activities the parties are achieving the goals this Agreement will be effective unless made in herein. No amendment of the terms of authorized signatory. Deleted: Signature: Administrator Added: writing and signed by each Party's North Carolina Cooperative Extension Program North Carolina A&T State University Addendum, Attached Executed Addendum was added to the agreement to provide a out" ofLock-In payroll arrangement in the initial mechanism for counties to "opt signing of the MOAor at any time with a 120 day notice. 3 ATTACHMENT #9 Memorandum To: From: Date: Re: Board of Commissioners Eric Evans, County Manager 12/1/23 EdgecombeCounty Use of State Funds to Health Dept. for Staff Retention Our Health Department is receiving $264,835 in funding from the NC Department of Health and Human Services through the Public Health Infrastructure: Local Workforce program. The intent of this program is to Michelle Etheridge, our Health Director, is recommending we use these funds to help retain staff by providing a one-time bonus, which is an eligible use of the funds. Considering the increased turnover we've experienced in the Health Department in the last three years, I agree with her recommendation and believe this will help withretaining staff. hire, support, and retain staff in local Health Departments. recommend that you approve using these funds from the NC Department of Health and Human Services to provide a one-time bonus of $1,000 for full- time staff and $500 for part-time staff for staff members employed on or before June 20, 2023. OFFIGE OFTHE COUNTY MANAGER 1 To: Erici Evans, County Manager Re: One-Time Bonus for Staff Date: November 17, 2023 From: Michelle Etheridge, Health Director A82 Mr. Evans, lam requesting to use state funds allocated tot the Edgecombe County Health Department for employee growth and retention, to provide our current staff with ac One-Time Retention Bonus. The agreement addendum is AA-117: Public Health Infrastructure: Local Workforce (GL: 125235-512100). This bonus would be for current staff employed with us on or before June 30, 2023. Full-time staff would receive $1,000 and part-time staff would receive $500. lfpossible, lwould likei to request the funds tol be distributed to staff on January 30, 2024. Thank you for your consideration, Michelle Etheridge EDGECOMBE COUNTY PUBLICHEALTH Division of Public Health Agreement Addendum FY23-24 Page 1of4 Edgecombe County Health Department, a Division ofEdgecombel Human Services Agency Local Health Department! Legal Name 117 Public Health Infrastructure: Local Workforce Activity Number and! Description 06/01/2023-0 05/31/2024 Service Period 07012023-06302024 Payment Period Original Agreement Addendum Agreement Addendum Revision # Background: Local and Community Support Section DPH Section /B Branch Name Stacie Turpin Saunders, 919-707-5101 EBpEaBSPAN DPH Program Contact (name, phone number, and email) DPH Program Signature (only required for ai negotiable. Agreement Addendum) Development Date I. Thej pandemic emphasized the critical importance ofar robust public health system. Public health departments need to continue their response work, apply lessons learned, and prepare for future public health emergencies. The pandemic accentuated long-standing weaknesses and created new challenges to thej public health infrastructure. This Centers for Disease Control and Prevention (CDC) funding, awarded to the North Carolina Division ofPublic Health for ai five-year period ending October 31, 2027, recognizes al history of underinvestment in the public health system and the foundational services it The Foundational Public Health Services (FPHS) framework was developed in 2013 to define a minimum package ofo core public health services areas that noj public health jurisdiction can be without. The FPHS framework outlines the unique responsibilities of governmental public health and the vital role of governmental public health in a1 thriving community. These foundational service areas are core functions oflocal health departments and include 1) preventing the spread of communicable disease, 2) ensuring food, air, and water quality are safe, 3) supporting maternal and child health, 4) improving access and linkages to clinical care services, and 5) preventing chronic disease and injury. In addition to these foundational services, public health departments provide local protections and services unique to Foundational Capabilities are the cross-cutting skills, knowledge, and practice needed in order to support and provide core public health functions, programs, and activities which are key to ensuring opportunities for health, promoting wellbeing and achieving health outcomes across a community. provides. their community's needs. atps./phnct.org/upoadsresource-TlesPHS-Factsheet-2022.pd) Health Director Signature (use bluei ink or verifiable digital signature) Date LHD to complete: [Forl DPHt to contacti inc case LHD program contact name: follow-upi information: isn needed.] Phone ande email address: Signature on this page signifies you have read and accepted all pages of this document. Template rev. July 2022 Page 20 of4 Funding is distributed to each individual local health department based on county population, social vulnerability, and equity indices. II. Purpose: This funding is to help meet the short-term critical infrastructure needs and to make strategic investments which will have lasting effects on local public health departments in North Carolina. This funding will support the foundational capabilities and the local health department workforce needed to support service areas. Investments and improvements to foundational capabilities will help rebuild and modernize public health departments, positioning local health departments to better serve their communities. The scope ofv workforce investment to support these foundational capabilities is wide and includes hiring, retaining, supporting, and training the workforce. Short-term outcomes will include increased hiring, training, and improvement in operational processes. Long-term outcomes will include increasing the size ofthe public health workforce equipped with stronger foundational capabilities in order to better serve and protect thel health of communities. mI. Scope ofWork and Deliverables: To ensure local public health is prepared and capable to respond to the communities health needs and emerging health threats, thel Local Health Department (LHD) will invest in workforce and resources to meet the foundational services areas and needs oft their communities. Thel LHD is encouraged to utilize the North Carolina Institute: for Public Health'sLHD Regional Foundational Capabilities Gap Analysis reports to inform its workforce investment activities. Regional Foundational Capabilities Gap Analysis htpslapp.smartshetcom.MpuMlaATEQBCI-201BON4BAAPe113b65361b. 1. TheLHD shall invest in one or more oft these CDC-stated program areas: reports are available in the Smartsheet dashboard for this activity at a. Recruit and hire new public health staff, such as expanding recruitment efforts, creating new positions, improving hiring incentives, and creating new hiring mechanisms. b. Retain public health staff, such as by providing retention bonuses and creating opportunities for Support and sustain public health staff, such as creating or strengthening workplace well- being and resilience programs, and creating or expanding workforce engagement. d. Train new and existing public health staff, such as creating and expanding professional e. Strengthen public health workforce planning, systems, processes, and policies, such as maintaining and upgrading human resources systems, creating ori improving workforce data collection, and creating or revising policies to facilitate workforce development and Be promotion. development opportunities. management. 2. Thel LHD shall participate in an annual assessment conducted no later than March 31,2024 by the North Carolinal Institute ofPublic Health to evaluate progress in addressing Foundational Capabilities. IV. Performance Measures /Reporting Requirements: 1. Ini its first quarterly Performance Report, the LHD shall indicate its baseline number and type of 2. In each quarterly Performance Report, thel LHD shall indicate in which oft the CDC-stated program current workforce positions as ofJune 1, 2023. areas funds were invested and investment efforts including: a. Number and type ofp positions hired Page3of4 b. Number and type of retention efforts Number and type ofs staffs support programs d. Number and type oft training opportunities e. Number and type of workforce systems improvements 3. Thel LHD shall complete the following reports viat the Smartsheet dashboard, at dates for these reports are posted on1 the Smartsheet dashboard. PeMsNLwPeNNNN All oft the due a. Monthly Financial Reports: The monthly financial report will report on the prior month to document expenditures. The first financial report is for. June 2023 and is due by July 24, 2023. b. Quarterly Performance! Reports: The quarterly performance reports will report on1 the service quarters and by the deadlines as indicated below: Service Quarter June - August 2023 September -1 November 2023 December 2023 - February 2024 March-May 2024 Report Submission Deadline September 22, 2023 December. 22, 2023 March 22, 2024 June: 24, 2024 V. Performance Monitoring and Ouality Assurance: The Local and Community Support Section'sLHDI Liaison will monitor the Local Health Department's performancel by reviewing the financial reports monthly and the performance reports quarterly, as Ifthel LHD is deemed out of compliance with deliverables, the program staffs shall provide technical As contracted for by the Division ofPublic Health (DPH), the North Carolina Institute ofPublic Health will conduct an annual foundational capabilities assessment ofthel LHD. The assessment results will be presented tot thel DPH Public Health Infrastructure leadership and to each LHD participating in the received from thel LHD through Smartsheet. assistançe to support the LHD in meeting the deliverables. assessment. VI. Funding Guidelines or Restrictions: 1. Requirements for pass-through entities: In compliance with 2 CFR $200.331 - Requirements) for pass-through entities, the Division ofPublic Health provides Federal Award Reporting Supplements to thel Local Health Department receiving federally funded Agreement, Addenda. a. Definition: A Supplement discloses the required elements of a single federal award. Supplements address elements ofi federal funding sources only; state funding elements will not bei included in the Supplement. Agreement. Addenda (AAs) funded by more than one federal award will receive b. Frequency: Supplements will be generated as thel Division of Public Health receives information for federal grants. Supplements will bei issued to the! Local Health Department throughout the state fiscal year. For federally funded AAs, Supplements will accompany the original AA.If AAs are revised and ift the revision affects federal funds, the. AA Revisions will include Supplements. Supplements can also be sent to the Local Health Department even ifr no change is needed to the. AA. In those instances, the Supplements will be sent toj provide newly received ad disclosure Supplement for each federal award. federal grant information for funds already allocated in the existing AA. Page 4of4 2. Funds may be used: for reasonable program purposes including personnel, travel, supplies, and services. 3. Unallowable costs: L. Research b. Clinical care . Furniture or equipment d. Publicity, propaganda, and lobbying: 1. Other than for normal and recognized executive-legislative relationships, no funds maybe used for publicity or propaganda purposes, for thej preparation, distribution, or use of any material designed to support or defeat the enactment oflegislation before any legislative 2. The salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment ofl legislation, appropriations, regulation, administrative action, orl Executive order proposed or pending 3. See Additional Requirement (AR) 12 atps/www.cdegowgowgrantsAdimtona- reuirementarl2hm): for detailed guidance on this prohibition and additional body before any legislative body guidance on lobbying for CDC recipients. FY2A-FAS Actiiy Nbr* +Name: 117 PHimfrastrudure: LocalWorkforce! Development supplement FASI Humber*Hess: 1 arsi-"Atwet, Assistasce tirting Nor4 Nane: 93.967 cocscoltibortionwitionwithcademiatas Strangthent Publict Health federals awand taardi RAD:: no FAIN: NE110E000015 IDCrate: nfa Fedswdtatalamb $ 72,521,026 Redawarapreject description: StengthenigherthcanoliafsPichush infrastructure, Worldoroe, andi Datasystems Fedads datefawaring agency. 03-28-23 HS, Centerst for Disagse Control ands Prevention Subredpients Fedemifundst hram Totaifstensirunds Subretpients X7VWMY6ZP574 $ HE3NNNUE27M7 $ F6ABUC993W05 $ QKUFL37VPGH6 UGGQGSSKBG35 $ LLP3BC6N2LL3 $ YQ96F8B3M739 $ ZKKSGARNBEY6 $ HFNSK95FS728 $ NF58K565HQM7 $ EGE7N8XM5356 $ GFFHCHSXDA53. $ FT590FEAU344 $ 105,329 $ T11BE67809P5 $ FQBLF3GMAB34 $ VENPMCLF75R6 $ QZ6BZPGLX4Y9 $ LKBE3QFLAAKS $ GCB7UCV96NN6 $ UBGMZUYPL7C5 $ W417RA3MUNS1 $ FMWCTM24C938 $ TAE3M92L4QR4 $ LHKBD4AGR35 $ FT32MOPLWA33 $ TLNAUSONHSUS $. DACFHCLQK/51 $ M14KIHY2NAR3 $ ME2DJHMMG55 $ PLGDT73FA8B1 $ L98MCUHKC23B $ Federalt nundst fom Totifeserifunds granti tesfabeve forentieAciiy 172,192 $ 588,501 $ 124,467 $ 256,360 $ 286,057 $ 227,415 $ 128,315 $ 89,997 $ 372,841 $ $ 176,233 $ 293,828 $ 340,209 $ 591,276 $ 153,426 $ 520,602 $ 384,477 $ 207,202 $ 180,796 $ 532,303 $ 95,259 $ 447,563 $ 517,485 $ 311,784 $ 434,537 $ 295,150 $ 220,053 $ 205,446 $ 139,484 $ 270,785 $ 119,064 $ 171,351 $ 110,442 $ 568,902 $ $ 162,048 $ 439,155 $ 249,198 $ 337,939 $ 168,997 $ 96,682 $ Subreripient UB grant fstedahove fore entireAdiky Subreripient URE Alamance F5VHYUU13NC5 $ 505,781 $ 505,781 Jadkson 172,192 588,501 124,467 256,360 286,057. 227,415 128,315 89,997 372,841 176,233 293,828 340,209 591,276 153,426 520,602 384,477 105,329 207,202 180,796 532,303 95,259 447,563 247,284 517,485 311,784 434,537 295,150 220,053 205,446 139,484 270,785 119,064 171,351 110,442 568,902 162,048 439,155 249,198 337,939 168,997 96,682 Albemarie WAAVSS1PNMK3 $ 914,772 $ 914,772 Jahnston SYGAGEFDHYR7 $ Alesander XVEE3SNY7UX9 $ 150,127 $ 150,127 Jones Anson Besufort Bladen Burke Caldwell Cartaret Caswell Catawba Cay Craven Dare Davie Duplin Durham Foothills Forsyth Frankin Gaston Graham Greene Guilford Haliax Hamett Hoke Hyde Iredell uB-Urique Entity centifer PKBUYTSNOCC3 $ 171,798 $ 171,798 Lee RMISXFDALXNG $ 201,741 $ 201,741 Lincoin TLCTJMDJHIHS $ 205,550 $ 205,550 Macon Appalachian CD7BFHB8W539 $ 373,100 $ 373,100 Lenoir Beunswick M3BMLNONZTS $ 410,434 $ 410,434 Madison Buncombe WSTGDAMLHE69 $ 684,061 $ 684,061 MIW G855APGNL591 $ 329,871 $ 329,871 Mecklenburg EZ15XL6BMV68 $ Cabarus RXDXNE3KOFU7 $ 548,189 $ 548,189 Montgomery E78ZAJM3BFL3 $ HL4FGNJNGE97 254,518 $ 254,518 Moore UC6W32104358 $ 213,412 $ 213,412 Nash 3D37Y7CGYC86 $ 141,559 $ 141,559 NewHanover F7TLT2GME3E1 $ GYUIA9MINFMI $ 453,371 $ 453,371 Northampton CRA2KCAL8BA4 $ Chatham KE57QE2GVSF1 $ 237,243 $ 237,243 Onslow Cherokee DCEGKGHA11NS $ 120,938 $ 120,938 Orange Cleveland BWUMMPVL483 $ 346,148 $ 346,148 Pender Columbus V1UA34L87H07 $ 264,924 $ 264,924 Person Cumberland HALND8WO3GN4 $ 910,798 $ 910,798 Polk HYKLQVANLKZ $ 52,981 $ 52,981 Pamlico LTZ2UBLZ0214 $ 344,667 $ 344,667 Pitt ELV63GB11QK6 $ 109,623 $ 109,623 Randolph T3BUMICVS9NS $ KZN4GK5262K3 $ 294,886 $ 294,886 Rockingham KGCCGH33ZZ43 $ NGTEF2MQBLL4 $ 442,189 $ 442,189 Scotland FNVICUQSCHIS $ Davidson C9P5MD3C7KY7 $ 489,625 $ 489,625 Richmond Q63FZNTJA3H4 $_ 247,284 $ L8NBGLHZV239 $ 147,912 $ 147,912 Robeson L35BA6U2HLN7 $ 862,450 $ 862,450 Rowan Edgscombs VAN4LX44AD17 $ 264,835 $ 264,835 Sampson WRT9CSKIKJY5 $ V6BGV267YPY5 LSMAMKQOTYN7 $ 1,008,877 $ 1,008,877. Stanly FFKTRQON143 $ 233,039 $ 233,039 Stokes QKY9R8A8D516 $ 595,762 $ 595,762 Sury 80,899 $ 80,899 Swain Gran-Vance MSQJKK22E3B3 $ 476,021 $ 476,021 Toel River DUAGGAUQSUMI $ VCUSLD71N9U3 $ 194,586 $ 194,586 Transylvania W51VGHGM8945 $ YBEQWGF3PM33 $ 1,413,671 $ 1,413,671 Union MRLBMYND33Y5 $ 257,609 $ 257,609. Wake 3BDCD9V418X7 $ 419,270 $ 419,270 Warren CIGHSADARX51 $ 244,104 $ 244,104 Wilson T2RSVN36NNS4 $ 104,711 $ 104,711 Vadkin XINRLKJLA4S9 S 462,321 $ 462,321 Yancey Haywood DQHZEVAV95G5 $ 184,815 $ Henderson TGSARB1JLFQS $ 334,192 $ 184,815 Wayne 334,192 Wilkes FadantAwrd Mgarting Feguirersantst lar Pass-Tnpws Atanties 20R5200321 DN 2-10-2314 Docuson Erveiage D: 00C55406-30854TIPRU3-ASHO2X305ECS :v DPIANd-To-Countis Activity 117 Service Period Payment Period 01 Alamance D1 Albemarle 02Alexander 04Anson D2 Appalechian 07 Beaufort 09 Bleden 10 Brunswick 11 Buncombe 12 Burke 13 Cabarrus 14 Caldwell 16 Carteret 17 Caswell 18 Catawba 19Chatham 20 Cherokee 22 Clay 23 Cleveland 24 Columbus 25 Craven 26 Cumberiand - 28 Dare 29 Davidson 30 Davle 31 Duplin 32 Durham 33 Edgecombe D7 Foothills 34Forsyth 35 Franklin 36 Gaston 38 Graham D3 Gran-Vance 40 Greene 41 Guilford 42 Halifax 43 Hamett 44 Haywood 45H Henderson 471 Hoke 48 Hyde 49 iredell 50Jackson . 51. Johnston a 52. Jones epieonodha.gowwWICGAdPintaspx WicGridPrant For Fiscal Vear: 2824 Budgetary Estimatel Number:o AA161 SGLH F8 06/01-05/31 07/01-06/30 Proposed New Total Total Allocated Total 505,781 $0.00 505,781 505,781 914,772 $0.00 914,772 914,772, 150.127 $0.00 150,127 150,127 171,798 $o.00 171,798 171,798 373,100 $0,00 373,100 373,100 201,741 $0,00 201,741 201.741 205,550 $0,00 205,550 205,550 410,434 $0,00 410,434 410,434 684,061 $0,00 684,061 684,061 329,871 sa,00 329,871 329,871 548,189 $0,00 548,189 548,189 254,518 $0.00 254,518 254,518 213,412 $0.00 213,412 213,412 141,559 $0.00 141,559 141,559 453,371 $0.00 453,371 453,371 237,243 $0.00 237,243 237,243 120,938 $0,00 120,938 120,938 52,981 $0,00 52,981 52,981 346,148 $0,00 346,148 346,148 264,924 $0,00 264,924 264,924 344,667 $0.00 344,667 344,667 910,798 $0.00 910,798 910,798 109,623 $0.00 109,623 109,623 489,625 $6.00 489,625 489,625 147,912 $0.00 147,912 147,912 294,886 $0.00 284,886 294,886 862,450 $0,00 862,450 862,450 264,835 $0,00 264,835 264,835 442,189 $a,00 442,189 442,189 1,008,877 $a,00 1,008,877 1,008,877 233,039 $0,00 233,039 233,039 595,762 $0,00 595,762 595,762 80,899 $0.00 80,899 80,899 476,021 $0.00 476,021 476,021 194,586 $0.00 194,586 194,586 1,413,671 $0.00 1,413,671 1,413,671 257,609 $0.00 257,609 257,609 419,270 $0.00 419,270 419,270 184,815 $0,00 184,815 184,815 334,192 $0,00 334,192 334,192 244,104 $0,00 244,104 244.104 104,711 $0.00 104.711 104,711 462,321 $0.00 462,321 482,321 172,192 $0,00 172,192 172,192 588,501 $0.00 588,501 588,501 124,467 $0.00 124,467 124,467 . 12 Cocusign Enveiope D: 0D54D5-303541194263-A24SDCSSECB - wwn 53Lee 54Lenolr 55 Lincoln 56 Macon 57 Madison D4MTW 60 Mecklenburg!" 621 Montgomery 631 Moore 641 Nash 65 New Hanover" 661 Northampton" 67 Onslow 68 Orange 69Pamlico 71 Pender 731 Person 741 Pitt 75Polk 76 Randolph 771 Richmond 78 Robeson 79 Rockingham 80 Rowan 82 Sampson 83 Scotland 84 Stanly a5 Stokes 86 Surry 87 Swain D6 Toe River 881 Transylvania - 90 Unlon 92Wake 93 Warren 96V Wayne 97 Wilkes 98 Wilson 99 Yadkin 00 Yancey Totals WicGridPink 256,380 $0,00 256,360 256,360 288,057 $0,00 286,057 286,057 227,415 $0,00 227,415 227,415 128,315 1o.00 128,315 128,315 89,997 $0,00 89,997 89,997 372,841 $0.00 372,841 372,841 176,233 $0.00 176,233 176,233 293,828 $0.00 293,828 293,828 340,209 $0,00 340,209 340,209 591,276 $0,00 591,276 591,276 153,426 $0,00 153,426 153,426 520,602 $0,00 520,602 520,602 384,477 $0.00 384,477 384,477 105,329 $0.00 105,329 105,329 207,202 $a.00 207,202 207,202 180,796 $0.00 180,796 180,796, 532,303 $0.00 532,303 532,303 95,259 $0.00 95,259 95,259 447,563 $0.00 447,563 447,563 247,284 $6.00 247,284 247,284 517,485 $0,00 517,485 517.485 311,784 $0,00 311,784 311,784 434,537 $0,00 434,537 434,537 295,150 $0,00 295,150 295,150 220,053 $0,00 220,053 220,053 205,446 $0.00 205,446 205,446 139,484 $0.00 139,484 139,484 270,785 $o.00 270,785 276,785 119,064 $0.00 119,064 119,064 171,351 $a.00 171,351 171,351 110,442 $0.00 110,442 110,442 568,902 $0,00 568,902 568,902 162,048 $0,00 162,048 162,048 439,155 $o,00 439,155 439,155 249,198 $o.00 249,198 249,198 337,939 $0,00 337,939 337,939 168,997 $6.00 168,997 168,997 96,682 $0.00 96,682 96,682 - - a $0.00 0 0 - - P - $0,00 a 0 - - - * * 27,797,814 02779781427,797814 SFASPAP-OPHPNyNA Administrator AmAud C Signa érid Datc- DPHE Budget Offioe-ATCI Coortnator Sign 4DaB-DPMSAssnCN fah. a Sipn and gh-nPMBudpa Oricer S.hslif 03/24/23 1 2:09 PM EDT 03/29/23 12 2:48 PM EDT Snf A4- 3/30,2023 4/3/2023 htpate.modhsgowICOMdPtape 2/2 SUMMARY OF RELEASES & AFTERLIST FOR THE MONTH OF OCTOBER 2023 Total Annual Releases - 2023 Levy Total Annual Billing - 2023 Levy $ $ 6,104.04 103,369.82 Respectfully submitted, TavasaM Tax Administrator mupir S $ $ $ 3 3 3 3 s $ 3 9 3 8 3 3 $ w 3 s wjwjww4 8 3 wt Public Utilities & GAP Monthly Summary 20281 LEVYPUBLIC UTTITHS Sep-23 444,452441.00 2,500,758.52 164,735.20 3,549.20 8,779.00 3,503.55 610.81 165.65 3,423.76 4,076.47 10,305.64 2,689,907.805 Fiscal 444,452,441.00 2,500,758.52 164,735.20 3,549.20 8,779.00 3,503.55 610.81 165.65 3,423.76 4,076.47 10,305.64 2,699,907.80 Real Personal Co.Wide FireDistricts Conetoe Princeville Sharpsburg Speed Leggett Pinetops Macclesfield Whitakers Total 2028LEVYGAPS Real Personal Co.Wide Fire Districts Conetoe Princevile Sharpsburg Speed Leggett Pinetops Macclesfield Whitakers Total Jul-23 Fiscal 135,739.05 6,384.18 416.07 2,578.79 359.51$ 36.59 4.23 1,511.05 387.45 416.12 147,813.04 135,739.05 6,364.18 416.07 2,578.79 359.51 36.59 4.23 1,511.05 387.45 416.12 147,813.04 MOTOR VEHICLES MONTHLY SUMMARY 2013-2010 PRIOR YR LEVY MOTOR VEHICLES RELEASED Valuation County Wide Tax Fire Districts Municipalities Sticker Fees Total Oct-23 Memorandum To: From: Date: Re: Board of Commissioners Eric Evans, County Manager Animal Shelter - Architectural Amendment No.1 11/27/2023 Edgecombecounty Design Agreement T Attached you will find Amendment No.1 to the Architectural Design.Agreement in the amount of $307,950.00. The architect has presented a preliminary design and the new Animal Shelter and our team has layout of that was presented. agreed on the layout This amendment will cover engineering, design, surveying, permitting, bidding and construction inspection & observation the new Animal Shelter. of Itis ecommended that you approve the enclosed amendment as presented. OFFICE OF THE COUNTY MANAGER 1 tinlenshed RLArchitecture, pllc PO Box: 161 Davidson, NC: 28036 704-756-3540 11.21.2023 Mr. Michael Matthews Assistant County Manager Edgecombe County, NC RE: Architectural Design Agreemenl-Amendment #1 Mr. Matthews, Thank you for the opportunity to submit this amendment the Edgecombe County Animal Shelter and this amendment will cover the to our Architectural Design. Agreement for project. We have completed the Schematic Design completion of construction documents and consfruction estimate phase for the project. Our scope of services will consist of construction documents and including, architectural, interiors, structural, plumbing, with civil engineering. The plans and: specifications will mechanical, be Our scope of services also include assistance with specifications fori the project and electrical engineering along ready for permit. review and bidding. observation. We understand the construction bidding and GC selection, and construction private party fundraising. phase may be delayed for county budget approvalo or Our fee structure for the scope of work above is as follows: Architectural Design, Building Engineering & Civil Engineering Bidding and Permit Submittal and Construction phase services Design and Construction Documents, following: as described above is based on the Civil Engineering (and Sub-Consultants) B.Streamand Wetland Delineation E.Addressing Local Comments /Meetings F.Minimum Required Landscape Plan G.Construction Inspections and Certifications Architecture & Building Engineering Construction Documents & Specifications Bidding & Permitting Construction Observation A.Surveying (Boundary and Topo of Project Site Only) C.G Geotechnical Evaluation for Footer and Pavement Design D.Civil Site, Grading, Erosion Control, Complete in Every Detail) $9,775 $5,175 $9,800 $32,700 $1,500 $1,000 $8,000 $210,000 $6,000 $24,000 $307,950 (Water and Sewer) TotalFee Reimbursable expenses include travel as needed, official review mileage, delivery & postage if required at cost plus 10%. fees, permit fees, prinfing, Billing will be monthly as the project progresses. Thank you again, andllook forward to working with you. Sincerely, RLArchitecture, pllc Br Roger E. Layman, AIA, NCARB Fear Free Certified Approved: Attest: Leonard Wiggins, Chairman Board of Commissioners Pre-Audit Certificate: Fiscal Control Act. Linda Barfield, Chief Financial Officer Frangie Mungo, Clerk to the Board This instrument has been pre-audited in the manner required by the Local Government Budget and 90-4261-550041 GLLine General Conditions of Professional Services attached. General Conditions 1. AGREEMENT fromi the date of the Proposal. 2. INVOICES This agreement shall be binding on RLArchitecture, plic of RLArchitecture, plic, together with any retainerfeesr only when duly executed andi returnedi tot the offices required, within a period oft thirly (30) calendar days RLArchitecture, plic shall submit to the Client that term is definedi in the Proposal. The finalinvoice monthly invoices for services and Reimbursable Expenses, as completion of Services. Client shallp promptly make all willl be: submitted within two (2) months following Reimbursable Expenses within forty-five (45) calendar payments of due RLArchitecture, plic for Services and reviewi invoices andr reporti in writing all discrepancies or days the invoice date. In addition, Client agrees to on all past due accounts. Imposition of such charge ofl 1.5% of an invoice will bei imposed each month date. Client agrees to reimburse RLArchitecture, charges does not constitute an extension of the payment due disbursements andr reasonable attorneys' fees plic for all court costs, collection. service costs, calendar days of thei invoice date. An additional disputesi to RLArchitecture, plic withini thirty (30) oulslandinginvoices. 3. OWNERSHIP incurred by RLArchitecture, plic in the collectionof any Allr reports, plans, specifications, calculations and other documents instruments of service shall remain the properly of RLArchitecture, prepared by RLArchitecture, plic as documents on extension of the Project or other projects is prohibited. pllc. Client agrees that reuse of Scope of Work agreed to, and in a manner consistent with that be performed in accordance with the Project. RLArchitecture, plic makes no other practicing under similar conditions in the 4. STANDARD OF CARE Services provided by RLArchitecture, plic under this Agreement will exercised by members of the profession currently level of skill and competence ordinarily of the express or impledrepresentation.g guarantee orv locality warranty. 5. DELAYS Int the event the rendering of Services is interrupted due to subsequent reactivation of the Project at its Client shall compensate RLArchitecture, plic for labor and causes beyond RLArchitecture, plic's control, forty-five (45) days shalll be subject to the provisions prevailing of Article Professional 7. Services fee schedule. Delays ine excess of Expenses, or in the event of a delayi in excess of forty-five (45) plic Services and/or Reimbursable Agreement, then RLArchitecture, pllc may, at its option, after days, ori if Client breaches any provision ofi this to the Client, suspend the performing of Services to terminate giving seven (7) calendar days written notice RLArchitecture, plicf for any damages due to termination or this Agreement withoutr recourse to suspension, RLArchitecture, pllc shall be, paid for all Services, suspension. Ini the event of termination or suspension based on standardi hourly rates, Reimbursable performed to the date of termination or expenses. Ini the event the client ferminates this agreement Expenses, fort plus reasonable termination or suspension expenses incurred for the deactivation and 7. REMEDIES IfClient fails to make any payment when due to RLArchitecture, for breach by RLArchitecture, pllc, then no termination or failure to obtain required approvalfs), orf for rendered. 8. LIMITATION OFL LIABILITY suspension expenses shall be due. The Client agrees that RLArchitecture, pllc's financial responsibility for payable under this agreement. In addition, the Client special, indirect or consequential damages recommendations andt for any and alli injury, claims, losses, liabilities, Professional: Services and arising out of ori in any way relating to the Project from any cause expenses, or damages whatsoever negligence, errors, omissions, strict liability, breach of contract or causes, including without limitation, neither RLArchitecture, plic nor its çonsultants, agents agrees that to the fullest extent permitted by law, strict liability, breach of contract, warrants or whatsoever, whether caused by negligence, errors, omission, any or warranty, shall not exceed the amount or employees shall be liable to the Client for any other cause or causes. 9. THIRD-PARTY EXCLUSIONS Client shall, to the extent permitted by law, consultants, agents, and employees from and indemnify and hold harmless RLArchitecture, plic andi its direct and indirect or consequential damages, against all claims, damages, losses, and expenses, liabilities, arising outofo orrelatedt to performance of Services. including but notl limited tof fees and charges of attomeys, made in writing and signedby an dumotedrepreseniolive: to the Agreement shall not be binding unless 10 INTEGRATION 11. SALESTAX paid. The Client and RLArchitecture, pllc agree that modifications of eachparly. the Should term Federal of this and/or State regulations change to require sales tax be 12. CONSULTANT'SR RESPONSIBILITYI DURING CONSTRUCTION ltisunderstood oro authority overt and the agreed that the Consultant has not constructive use agreement, the projectbudget. shall paid on professional services automatically! be increasedby amount of salesi taxt during tob be means of construction; and of the Owner's site; has no control construction site safety, ar responsibility that has been therefore, has no ongoing responsibility whatsoevert above, the Consultant has a duty to preserve and wholly vested in the contractor. Nofwithstanding for itis the Consultant's professional responsibility to take protect public health, safety, and welfare. should the Consultant encounter situations that the what the Consultant believes are prudent Accordingly, health, safety, or welfare. The Owner understands this Consultant believes create a danger to the measures Consultant from claims from the Consultionfsexercises: situation and agrees to hold harmless and public defend the the of professional responsibility ini this regard. Edgecombe County Animal Shelter Architectural Design. Agreement Amendment #1 11.21.2023 STATE OF NORTHCAROLINA Edgecombe County Courthouse COUNTY OF EDGECOMBE THIS CONSTRUCTION REPAIR AGREEMENT (this entered intot this the "Agreement") is made and County('Edgecombe Painting and dayofDecember, 20231 by and between] Edgecombe County"), a political subdivision of the State of North Decorating, Inc., al North Carolina Corporation Carolina, and Production ("Contractor"), collectively, the "Parties." WITNESSETH: WHEREAS, Edgecombe County is the owner oft that certain real Street, in Tarboro, NC and is a portion of the real improvements located thereon, known as the County, Tax PIN 4738-44-5579-00 thel Edgecombe County Courthouse in repair wood, and paint the Edgecombe attached hereto as Exhibit A. and property, including the Andrew Edgecombe County Courthouse located at 301 St. property identified as Edgecombe (Edgecombe County Courthouse); and WHEREAS, iti ist necessary for Edgecombe Countyto exterior clean, WHEREAS, Edgecombe County solicited bids from several contractors to repair wood, and paint Tarboro; and exterior clean, lowest, County Courthouse and Contractor was the responsive, and responsible bidder with a bid amount of $101,950.00 (the "Bid"). The Bid is Accounting Procedures for Contractor incorporated herein; and WHEREAS, Edgecombe County, in accordance with its Financial Manual, by and through its County Manager, tol begin the work contemplated by this Parties agree as follows: 1. approved thet terms ofthis Agreement Agreement immediately. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Contractor. Contractor represents that it is licensed and Work (as hereafter defined). Contractor required toj perform any and all work associated withthis the right tor review all licenses and certifications and will result in the immediate termination qualified toj perform the shall have and maintain all licenses and certifications Agreement. Edgecombe Countyreserves to ensure they are of this. Agreement. Failure to maintain properly kepti in good standing. any required license or certification will constituteal breach ofthis Agreement Edgecombe County and Contractor shall be independent contained herein shall be construed employee of either party be construed as being contractors, and nothing venture; nor shall any as creating a partnership or joint hereto. employees, agents, orj principals oft the other party 2. Scope of Work. The scope of work shall be that work repair wood, and paint the Edgecombe detailed on Exhibit B attached hereto and Agreement, Contractor warrants that it has performed and has carefully considered how the Work as well as the estimated cost of inspected the Edgecombe County needed to exterior clean, County Courthouse and shall be the work incorporated herein (the "Work"). thoroughly investigated and considered the identified and By executing this Work tol be should bej performed undert this Agreement acknowledges that it has performing the Work. Contractor Courthouse prior to submitting the Bid and Agreement. 3. Edgecombe executing this Compensation. Edgecombe County shall pay invoices performance ofthe Work within 14 days of receipt Agreement or related in any way to the exterior Edgecombe County Courthouse shall not exceed shall not owe any amount in excess oft the out of the work contemplated by this executed by the County Manager. The Parties as may become necessary 4. the Work in a professional and Agreement upon receipt ofan executed copy of this as expeditiously as is commercially Edgecombe County Inspector at any time. IfContractor regarding Contractor's subject to, however, that the totals sum Work, or any work performed in accordance cleaning, repairing of wood, and $101,950.00 Cap toi the Contractor for any work Agreement unless the Parties may enteri into change orders County to Contractor for the paid by with this painting oft the related to or arising mutually agree in writing related to the Work parties. (the "Cap"). Edgecombe County upon mutual written agreement executed by both Schedule and Performance of the Work. Contractor shall commence performing workmanlike manner in accordance with the terms reasonable. All work shall be subject to of this Agreement and shall perform all ofthe Work inspection by an this Agreement deducted 5. fails to perform the Work as directed satisfactory to Edgecombe County, or fails to perform the Work in a manner from any amounts due Contractor under the by will be Edgecombe County may have the Work performed by others and the cost of such work terms oft this Agreement. Miscellaneous. This Agreement shall be construed and validity and performance oft the] Parties in interpreted both as to accordance with thel laws oft the StateofNorth Carolina. Venue ofany action filed to enforce the County. No Party to this Agreement. Agreement constitutes and concerning the subject matter of this declared invalid effect. The Parties, and the that each subcontractors, shall (the E-Verifyprogram). 6. upon fifteendays' written prior to the completion of the invoices for work performed obligation its sole discretion, terms of this Agreement shall be proper in Agreement may assign or expresses the entire agreement Edgecombe Parties. This Parties force and warrant This Agreement may be amended otherwise transfer any interest in this and understanding between the only by written agreement of the Agreement. Ifany provision or unenforceable, ther remainder has the authority to enter into of this Agreement shall be ofthis Agreement shall continue in full Agreement on behalf of the Parties, persons executing this and execute this Agreement. Chapter of the North Carolina comply with Article 2, 64 Contractor, and all General Statutes Party for any reason by either party pay any further Termination. This Agreement may be terminated by either notice toi thec other Party. Ifthis A Agreement is terminated work contemplated prior to termination, but herein, Edgecombe County shall Edgecombe County shall owe no any default in this Agreement and permit the hereunder shall bei in writing and sent to Contractor. Without waiving its right to terminate this give the other Party notice of Anynoticet to eitherl Party Agreement, either Party, at defaulting Party to cure the default. 7. Notice. first-class mail, or via email, to the person designated as follows: by prepaid, Iftol Edgecombe County: Eric Evans County Manager P.O. Box 10 Tarboro, NC27886 IftoContractor: Donnell L. Rochelle, Jr. Production Painting and Decorating, 8411 Garvey Drive, Suite 105 Raleigh, NC27616 Inc. 8. Countyandi its officers, any character brought for any property by reason of any act or failure to act subcontractors, or employees in this Indemnification. Contractor shall indemnify and hold harmless Edgecombe commissioners, agents, and employees injury or damages received or sustained from all suits, actions, or claims byany person, persons, or of of Contractor, its agents, directors, officers, Agreement. 9. performance oft the Work or arising in any way out oft this Insurance. Contractor shall maintain limits $1 million bodily injury/S2 million liability of$ $100,000 per claim, $300,000 ofat least: $1 million general liability; damage per occurrence; auto aggregate; $1 million property North Carolina law. per incident; and workers compensation as required by 10. Conflicts of Interest. No employee of governing bodyofEdgecombe any contract or subcontract or the Edgecombe County are similarly Edgecombe County and no member oft the in this Agreement, County shall have any financial interest, either direct or indirect, proceeds thereof, for work tol bej performed in barred from having any financial interest in Immediate family members of connection with bodyof this Agreement. employees or members of theg governing [Signature page follows this page.] IN WITNESS WHEREOF, the Parties executed and entered into this date first written above. Agreement as ofthe Production Painting and Decorating, Inc. a Blisa Donnell L. Rochelle, Jr, Senior Project Manager Edgecombe County Attest Leonard Wiggins, Chairman, Board of Commissioners Frangie Mungo, Clerk to the Board Pre-Audit Certificate This instrument has been pre-audited in the manner Budget and Fiscal Control Act. required by the Local Government Linda Barfield, Chief Finance Officer GL-10-4260.-5500 EXHIBIT A CONTRACTORBI COST PROPOSAL SHEET 1. CleaningPowerwashing 2. Wood Replacement 3.P Painting $16950 5500 $85,500 Total Bid: $_104,850 BEa Ailk RL ybs EXHIBITI B SCOPE OF WORK Cleaning Power wash and chemically clean entire All walls must be cleaned. All sidewalks must be cleaned. All steps must be cleaned. The clock tower must be cleaned. All windows must be cleaned. courthouse, to include: Brick walls around the courthouse must be cleaned. Wood Replacement Replace any damaged woodwork including rails and doorofo courthouse. All wood thati is replaced must balusters above the front Surface Prep match existing. All surfaces must be prepped according to in the paints specifications. thei industry standards that are stated Painting Allcurrently painted surfaces must be coats of specified products. primed and painted with a minimum of two Specified products The contractor must use Benjamin-Moore requires the use of Senjamin-Moore attached Benjamin-Moore Paint Specifications paint. Forreference, see only paint that will provide exceptional paint because in its experience it is the Gide. Edgecombe County coverage and durability. Benjamin Moore PAINT SPECIFICATIONS Edgecombe County Courthouse 301 St Andrews St Tarboro, NC 27886 Sep: 25, 2023 Prepared! by EdGunco Benjamin MocreemoyRep 919412-3234 SETNES Benjamin VOC Moore REGULATIONS red deve ile the ucts, ncludingg ourinnovative ble Croducist hat prct. the dustry Colcr Technolooye ffers olorant systern, NORTH AMERICAN NATIONAL AIMI RULE NATIONALA ARCHITECTURAL GINDUSTRIALE MAINTENANCER NTENDEDU USE FlatCoting VOCI REGULATIONS CARB RULE CALFORNAA AIRRESOURCESB BOARD vociyy INTENDEDU USE FisCoalings 420 Industialk Mpintenance High sirial ance oxdudes Zinc) Non-Flato NOnFMHpIGOs Concrelel sonys Sealers thalparalels Foorc Coalngs ZncficnPimer DyFall Nute: Callomiah has then vingent VOCI 1/12022. Theloweri imisk lori thec CARB2 20195 SCMa aree lective Coloradoa ah, and' andtheu Ubhounliesol paralld ofBox Elder, Cache, Dais. SallLaks, Toele, heCARB 20075 SCMinits. SCAQMD SOUTHO COASTA AIRQUALITYN MANAGEMENTD DISTRICT INTENDEDUSE ance 2002SCM SCM 2019 SCM VoCly voc pt Ohio, linois,a onalAlMnlehas andindianah havea beehe eslablished, haset linfis. Coloradoh hasa adoptedanie alreadya adopledr rules 12020) OTC OZONE TRAMSPORTCOMMITEE INTENDEDUSE HghHea led Motallic Zinc) on-F bss Floor Coalings Rich rimer DryFali lota: Aodel rule ollows thec CARB2 20078 SCMlimls. OTC 50 plianca dale): plenmentationol Maryland! ofOTCP (1/V2017), Pnase.s Stalesin indlude (isied onnecti 5//2018), Rhode sland//12020), Delaware (312017), elion- efleci 112022). andNewy YOIk (enlorcement Cdonial Heights, Faitax, countlie Fals ofA Alexandha,A Chuch Arlington, Charles Cly, Chesierlels, DyFal Princey Hapewel, Wilam, Louden, Manassas. Manassas Firedericishug. Park, Pelersburg, Hanove, Pince Henrico, Fichmond, Spotisvania,a ands Slafiondk ollow OTC Phaselrles George, LADCO LAKEM MCIGWARDRECTORS CONSORTUM INTENDEDUSE navice rialMalnténanca lss Seafers lings PHASEI PHASEI! SCMa brakend andSCAOMD. downi inblour applicablen wes: AIR, CARB: 20025 oatings, SCIA, CARB: 2007 canbe Voc(gty VoC! CANADAA AIMI ARCHITECTURALA ANDNDUSTRIALA RULE INTENDEDUSE FibiCoaling: Mainlonance Coalings lighGloss Sealers Floxr Caaings MAINTENANCE RULE vocIs (gL) OTCPHASEI voc(gn) VocIly elit-Pignanld 100 340 420 420 500 Ohia. Hinois. ADCOindudesi indisna, and thes saleso hiohave dllinois, ihdana, Michigan, and Phasel llinis. Visconsina andMicpand adoplodr rles! thatparlidhe OTC delaulod VMrueliniks. PAINTST THATQUALIFY FORLEED:ACREDT Benjamin Moore SURFACE PREPARATION SURFACE PREPARATION FUNDAMENTALS WARNINGIfyous CAUSES SERIOUS ILLNESS, scrape. sand,o orr removec oldpaint, youmoyn releosek leoddust. EXPOSURE. Weara aNIOSHa SUCHAS BRAINT DAMAGE,E ESPÉCIALLYI INC CHILD DREN. LEADIST PREGNANTV TOXIC. EXPOSURE TOLEADDUSTG CAN Beforeye your start, findo out approvedr to protecty respiratort tacontroll loado exposure. Clonn upo carefullyy withal WOMENS HEPAN SHOULDA ALSOA AVOID LEADor logont to wwwe epa.gov/ead. yoursalfa andy your fomlly by contacting the Nationall Lead vacuuma andowetn mop. andp Selecting thea appropri productis implementatione iffecto cpatingperformanca. propers Improportys preparedsurfaces willreducet thei coatk ofthec coatings Thep proper methudol surfacec oreperationn meth ensureso coalinga integnty and msurtocestobep midi pantedmusibed Remove oll. dust, dry, lopser ust. sounde condition freeofdit, dusL FUELS grease. ol, saap. wari looseors InfornstionalHotinea alk -800-4 424- anda appicationmetods: Projocrb utget, surlacec andt proparationd dependso thes adhesiontou turer methods. Theo time conditions forn osi coatingsis, coating 77F onthes bstraley willa virenment. andthe Data Sheet TDS) (25" C)5 S0NR Humdity. alscinfluencet tha mendations, times, Hmitations. structionsfors surface applicatlan,t temperatures constraints, smont ensureg gooda esion. Removea any pooling scoling paint, wator solubile anding Unweathered exteridra dufledbyli areass such sanding. omplelely veroves sandmgdustb pani, and hosc wate remove that canintertere cellings, proper and hangss shouidbes washedwth tooic rease sc Corotech-( Woxs shouidber ome y wshlagor hands lwkings ponibys Foathers sandroughe movudhyb blosting. (H318) followedbya cleoner andy waler, orand urpose asmooth suchas costing torain theo oldo coatingmay compremser ties service thes lest perA ASTMD D3359. thec coating coveringe squaret Allow thec lengthoru Meosure nenedtobeir incompatible, completer emoval plcoalinpis before Test forn by applyingo tobos coatods bet thoroughlys ousehoidblcacha andwatert toanyd discoloreda aryasilelicoioratione onis notn nstructions! safe handing washedandn ofl rinsedy pleachs oneg partt tiguidh bleacha rinses onde away, removed. facest todry 48h hoursbeforop painting. solution. (Note. Protects htez thes structure. Ringe ceparis Bleachs solutonsn damageo exisling anda shouldber after hlangnai fullys pamecl, holes, painted surlacesmayt bep primedors primed. chieve significante colorc changei ando desired. Ceraincustome imporiections. Fort besth hidingn asnecessary. tintp prmer tothea Spot- withg premn Parka Colors. color. Consulty yourp paint retailet. colorsr requireaD Deep DaseP Primer: approrimatos hade ofihe For esired. hats surface abrasionsa nmer moyben ates shgdeofthen fnisho coat espeaallyn whehos Dilficuts verys considera obyious and/ora apnear" chaiky" iny verye derke colors, significonte as color black, changeis ina DespnR where paint clally primors ors loruseo ovor subsratess suchasblecdingy woods, ereasestoins. ving lory yours pressionisa needs. porticulars problam Your Boarda Plaster, Repalrc ofv volds. Applya holesa andothers surfaced defectsv with setting-s typep jointo special 1op Froe manys ofjoint compounda asneadedt compoundtop crack- frees produces surfacefiushy withn ndyacane porasityo oI theje thP papers voguloritiesina eas tos sharply critical hting. with no visiblo Primor Ultras surfacoortheg Latexp Pyimer ypsum boardbya opplynga surfaceo ofthe board. (NS34). orA AQUOL Plus 100% cryhEs such OsF Freshs shovaying Nowg plaster surfacesn beal followedby primes 30't, porouso plastor ndlcatos impropers cures sodaysb cure applyinghasec Curodp plastor had. atching compound.P Primev Fresh Start High- rding Nevers sandap piostur 1O0SA Acrylics Sealer (608).OrA ckin 100SA Acrylic (046). Utras Spocts 500interor Pnmer CNS34). boforea Uitras andahoray applying 6.Masonry Now daysundo bea allowedtos 30daysb beforce epplyingbase Forr interior/E High-E lossm mayb bes sealedy Viros Masonry masonryt thethasb beona allowedto cure fora aminimum Block: Alisuirlacesm must bet MasoniyPlimer Weathereda Block FHlor(571). thoroughlyb brushedw wnthstiffh hbert toremovel looser particles intenor/ Extenor 00%/ AcrylicN Softy Masonrys withA Age (ineluding Unglarede Brick)' Remové myk loose. Sedlert (608). Concrete- Verticalri-Up, Smoothp Pouredo varys orpra-Cast,s obradedi Stucco) Concrelosufacass shouldcure fora ork fommaliss paunlingn newe adhesion.7 The presenceo oroughw ashin binstng will event fom arep Spect sood Primey wth concreteofe coment brouphtto thes surfacob ineshing usinga whond epores, Corutecho Concreteè euch V620) LProducts serviceli selection,s surfoce electionofsu servicee dhesio ntedtoas spotialprescriouon Usa Mieimpurtants equalizeth AcrylicF Primer Scaler (AG- OXXX). orbys MidlingAit iho shim-coatmgi olf prntrusionsa aridp havea primep slights eninasinumaane 00vs Acryle Masonrys Primev with UlvaspecwMnsony sandy masonryhyd dryb brushng. Prmey withy untra SpeekMasonry rerovingairto minimumot2 28days. Pouredor pro-cost concrete Groasee curing emuisfier compour unds.F Ramavea any bet ntoe folloyedby Interior/E with (v600) Corotechi O13e comsiderationprior Emulsiher followed Exlanor Acrykc Masonrys Soulor (608)orulua ntegrales andleaveu ncootedy becomes ondlackst the cohesves strengthe ofnormat partsv water mustE ber removedbyw wire-brushingor movei ailance andopen Sealer(AQo OXXX). finshing lailancerd pourod-inp place consructon. Tsweoko cement slurry coneretef Fleors, orby vioratorsu usediodieplces iniresh SURFACE PREPARATION FUNDAMENTALS Concrete- Horizontard (Floors,D surface. Driveways, brusha Wallwaya: Propers surfacey strong ton (cont.) alldit.g essontialfora gresc.ol adhosionaln Doure coptings.s Swoepa vthcorctocho OH GreaseE reloasea agonts,c curing aldira andirasht Iron Oncet entire flooris isclean rinset Emulsifler thek loor (V600). Scrvebt compounds. thon foor esectionsta concrote coatinge ompotibility thoroughly, whd Ckvn waor andi allowtodry hould Stnind CST-5 5XXX, should liftingof only bompplodo thec oldfinishd doesn not occur. (NOTE: xylonog over others çontings cessary. Romdvg xylunev wilftor raping. conbre reto-bas which mpar ataina smoothk look Removeall nded thef floord coat. Testt the Laoseo lamagre pointben Remove theduct letely. Allow goodedh ance concrete wint ther tocturersi ledw wRha asutable utrahze oncreta Etch (V620) Mechar ora nical suche nstructions sS Removeal al Akin maya nisob bee one. adido orching, muriatica epenandroughen lor Aitor rougheni andi bDo1s) whilep preparinga andy instructions dowr pinster ton thoroughlyn rinse thot loorw singonya wilthe acids solution. Neutralize Technical toohight caling oncrete for mosture undert contontorke less)o or ASTME D-4253 allowto Assistance lord others preparavensor for time. Then flpors shouldi the thos sinb! darioned adhesion use severe envrorments. roughened dleaks similar to80 psinta aros by vapor ing. Smoothy planade claptoardso orsidingm entrappedin mustb the substreto. Pro-primingoly woods must Cxposedw wood shouid haming, spot- primed similars sutfaces exhibit sandedt thoroughyn the mill surlaces witha Freshs Starts bilistoring.s primer eling. scaling maitbed glazo"to powary washing. mildew beforoa overoilcoato dcanedtoa such cellinga, Purpose Cloaners shouldb boa ofprmer. celing by venting cank nterferev ngsshoutdb withg bey ochesic etergents addodto tion substrates, whichis indowa and mesc lapboerdsk can froquently siding bes withs wedges.s sciecnedd isks, Prinuallationalan frequentlyt then resultofd drainagea aroundthef alodbye oulking. Dampt basementsc foundution. trm, deck boardsn must bes sandedi proper tiona andp paheson thoroughlyorh Afterp treatedy Wwith Benjaminn Mooro ghten, epeaip prepore consull your complae. lestlorg lonbyo Enghteners btained with Benjominn Benlamian Moorpret moved). Restore, forc Groys weathoredy CN315), eviouslys stoinedy machinge using ting rfacesbyy washingw wilh transpavents Bonjamin Mooro" staint Clean, westheredbur isnolf fiskingor cellings, Remover removedo 315). prior stoining. Evistnge paint, stainors Mulli-p Cluaner (N3ia) ber surlaces thats can nterfere bev washedw min Moorn- by cleanrgw with proper adheslon. Surfaces Thep performance Cleon N318), coatingt tnesurface. provide performance coaling drocily dependentu Removal thisl lypea olallc surface dona. blasteds Corotechek surlacirs SSPC-SP pont 10). riegreeots Thoreere, surlacep preparaton employed, All SSPC Thes vasha least 2500 e0 pletod ccordancew withs alert hould ute. Aftert sutfaceis cleaned, SSPC-SP1 Corotoch. V600 O48 Grease notg Inareasy where fash ors Surfacesn muet be ante dust. nded The landardisa coarings commercialblast Emulsifer adequotes surlacep preparnbonisnol: Mandtoole clemnin Salve possiolet theuseo 00 prpower Epoxy leanng (SSPC-SP3) Surfacas. Standardy paint: whenino contact,e sucha sSclorliyobasede aincs coabngs or primerss Eimutslhor. posedto thec c nay knowhe Ptipontication.. oukinotben pppledd directly onnew. sanding. Woatherede 2. errous indrstrialo etasutaces.s salre ere Barea ment, akumnoms surlacese exposedte 13.E roded) Use CorotecheRUstA omogea odhosion, uct work. fences, guardraiis. Arrestort (VI80), onlighta occepia allyd, msb (usually doesr black, may occur. Notin opplyingalew droos fotowinglber cant beromovedby Clpan (NZ101 ondrie rinsedy witha esignedt siuationse endcost shoutdbes appledss Pre-F Acryer Metaip Primert (HPOA). aicinge covoredy withh whltervsrn Top-conting mysibe 91 thonp prirew withc bysuccesshulyc cryie coated. Firsl. thoroughlyc cloant whche usest thes soatingtopeu. galvanized New brushingor naventionalso andw waler-thinnede continps.V MetoiPrimern Vio)orl Uihas Snpt the now.s cakangedin metals surfacev wool. hen pressivelys cloanedw wtha oxtensivep xyienoo prtting onds urface ormalenvrcnmentsw corrosionw wil evontuallye developadld ulledy vith veriy houkibes sodoru or V500) wipede Corotoche OM8GrcaseE walidevelon. Emulsifiort Non-carrodeds tor surlacoess shouldbea dakened sandpapero aras syrhetic sieely woolp padlos witha xyleno, Nows shiny non-K forousm removec depositso ofdin, grease, abradolby end poxyt finishes. wroughiw Rust grsting. coupment., acheingrustedstesl: ouiduors sipns surfacess sucn structurels: stecl gleir ron. bep resenio ond thasurface chemicallyt rust, alung supportga Irame-y work, lanks. etc, conveyors. utes) thes 24 processw wass primed orthe conveisionp thec corrosionp hourec dry before top- coalingor top-coat canbe ppliodi thptwilbes suhjactio thes canbetop oceur. Arrestor usec Corotechs RutA Arrestor APPLICATION- GENERAL AApplicationofp witht nanufocturers primers, paints, stainsore coatings,byn the recdmméndation. B.Donota apply lo wete domps surléces. coatingspriort LAllownew concreteo to3 30d days. orm masonrytoa age for niininmof3 30 Testn new concrete formoisturec Wait until fully content. dry. CApplye greodn rate eacho Tork indicateds o uniformo coatiny thickness inaccordancew 0.A Allowr manufacturer's specifiedd dryingtime, ande ensure Enspecte oreast tos acheve cach coatb fat, befores pplyingn nexte coat:t Removec dust ando otherf foreignn materials! overlan. H.V Where color changose outsides stopcornern nearest occurk lofaced between ofclosedd sdjoinings spaces, Regardiesse ofn numberolcostss apecitied, applye esn oporoandr re-cotu uisatislactoryt finushes; Contzacior, wilserveasa acceptancet thats surfaces clays. or ollow weres properlypreparedina accordance to: mwifietunpoesrese applya appropnate coatingsv withour runs. drips.o surfecet ors sags. thins. withouts brush marks. brush, roller marks, with prange-p manufacturers peol, oro other instructions note exceedinp G. Wherep painta applicationa abuts Iroms substrato mmediatolys pnor opplyinge each coat. marks. and withe consictents shopn, opplicotionn imperfectionsa menufachurer'ss arer notp permitted. specihedn maxmurn correcicoatinga adheslon, lore eachcoatb belore applyingnexte coot. froms leerd (5m). Unformlya apply ands sandingi froquirodt touch-up conting surfaces changecolorat unform surlacew withouts surfaced rPuchrypsurfacen defectsw visiblef imporfechonsw withe cootingm material, fcathering. othern matenalso oro other coatingcolor, torminatec coating witha cleans sharpt terminationlinew withoute door. mopatameeAigIn.t. areofsamec colora asa adioinings asnecessarylorc completeh hido, andu unforma àppearance. elishe emupearestocomeisere othern naturallormnatons. many coals Benjamin Moore PAINT SPECIFICATIONS EXTERIOR MRORTANT ecafon EXTERIORPAINT SYSTEMS SUBSTRATE: WoodSidhng. Smoothw Wood, WoodTrim- Polnt COLOR: Sondyo Brown/(1046) LRV:52 "COATI 2*COAT Utras SpecE 1SCOATI PRIMER ZCOAT N'A 3RCOAT SUBSTRATE MelallFerrous): COLOR SandyBroun/(1046) LRV:52 " COATI PRIMER CorolechPrepANU UniversalA AllydPrimarIz:w WFR36-46mlkDFT 13-23mils; 2"COAT Supers SpecH HP DTMA AlydEnamelLowu Lustepzsgw WFT:4 4mDFT:Zimis 3COAT Super SpecH HPI OTHAlytEamelorlatep 1STCOATI PRIMER NIA 2ÇOAT NIA SOCOAT NA SUBSTRATE: Concreto- WalKwAy,P Pavers, Pali,Sieps, Floor COLOR: Red/MadeS-ielyy Yellow. 1C COATI PRMER Primer Optional 2COAT Corotech COMMANDV WaterbomeA Acrylicu Urethanes Satin 3PCOAT Corotecho COMMANDV Waterborne Achyilc Urethanes Salin! (V392);V COATI PRIMER 2COAT 3COAT LOCATION: Clock Tower, FrontEr Entrancev Way. Wocds Soffirs, dogr mis/DFT:17-2 -2Dmis;V Voc:3 343gL vocigt PRIMER Primer Optionat: Freshs Suanp Deck SidingP Priner (094: WFT 30-3.6m framos and -PCOAT Uitra SpecE Exteriorl LowL Lusire (N455); WET:39mi/DFTL 13mils; ExteriorLowl Lustre (N455); WFT:39miDFT1 13m;V Voc: 44.1glL LOCATIONE MetaID Doors, MetiD DoorFiames, rames, voc: 393glL voc:OpL MaiaWindowpane. P23; WFT:4 40mis/DFT:21mis; voc: 370git LOCAT Concrete Ibases, SafetyB Bollards AMM-mwwAmA MO--UAS-NA NOTE: Benjamin Donoto Moore@p color painta matchors ando coatingp subslitulep producis. Foro colora acuracyandoplimaln resulls, Designer Represenlative, Terrilory Representativa, products. Pleasec consultw withy yourk localBenjaminM Mooree useo anlys Archilects genuine dra authorizedn relallerone every project. BAIERORPANTSYSTENS SUBSTRATE Meta(Gahvanized, Non-Ferrous) COLOR: RoasylbdeDlack "COAT PRIMER Primer Optional 3COAT COATI PRIMER 2MOCOAT 3PCOAT SUBSTRATE. MaEdngS-tNesZ WoodTrim-Paint COLOR: Brown (209P-10) LRVS IICOATI LOCATION: MetalLightPosts M-G-MDTG-U-Rw voc: 16p2 2COAT Corotech COMMANDV WaterbomeA AcrylleUrethane Gloss (V390); Coroteth COMMANDY WaterbomeA Acrylict Urethanad Gloss (V399); WT:17-47misDFT:1 1.3-1.7mis; Voc: 146gl LOCATION: WoedFoncing VoC:343gl PRIMER Freghs Start Decka SidingPimar (094; WFT:3.0. 16-MD-T11-2BAEV ZPCOAT Ultras SpecE Exteriorl LowL Lustre (N455); WF:3SMINDFT:13sy VOC:4419L 3MPCOAT Ullras SpecE Exteriorl LowL Lstre( (N455); WFT:3 39mI/DFE1 1.3mils;V voc: 441gL 1COATI PRIMER NA 2COAT NIA COAT SUBSTRATE Woods Siding, Smoo:hWood, WoodTimP Paint COLOR: Sandy Brown(1046) LRV:S2 "COATI 1COAT NIA PRIMER Z0COAT NIA 3COAT NIA LOCATIONE Viodfenefosts PRIMER Freshs StartDeckas SidingPrimer (094;V "M:PAAISENA 2COAT Ultas Spec Exteriorl Lowl Lustre (N455); WFT:: 3.9mis/DFT:1 1.3mils: Voc:441gL JCOAT Ultas SpecE Exteriort LowL Lustre N455;V WP:3EPIMDFE1m:V Voc: 44.1g Benjaminn NOTE: Dor Moore@painta nolo colorn matcho ors substituler products. Forc color accuracy and oplimaln resulis, Designer Representative," andcoaling Territory Representative, producis. Please consullw withy your jocal Benjamink MooreeA useo only Archileci& genuine ora authorizedn relailer one everyp project. Benjamin Moore MAINTENANCE AND AFTERCARE LATEX & ACRYLIC FINISHES What is The Recommended The best approach toy Procedure for Washing Latex Finishes? avoid harming they paint film. solutiono ofc disho detergent. Painted Surface? recommended for use onp painted surfaces. can Surface Can Be Washed? celluloses sponge. Ift this washinga isr not a walli ist tos start with thel least aggressive Bes sure that ther mixture isc dilutedt successful, toa use a mild, non-a abrasive, mild method; water onasoft What Cleansers Should Not Be Used On A Most standard glass and household: damage the paint finish,and are therefore spray notr cleaners are formulated withs strongs solvents that How Soon Before A Newly Applied Latex Wait until thel latex coating! has hada a following: does not application. Deep colors mayl chancet have: some to cure before washing) it- typically at least uniform. indicate inferior ord defective paint. Oncet thes color surface rub offinaf flat orl low-sheen finishes. Zweeks This Paint will not be affected if: Thep paint has properly cured for2w Thep paint is cleanedy witha ay weaks solution weeks. ofv water Washing Procedure Use large onel celluloses bucketi for washing solution, ando onef forc clean waterr 2.Wearn sponge works well) fore each bucket. rubbers glovest top protect hands. 3.F First try washingo or spot cleaning painteds 4. Beginy washinga at the bottom oft thev 5.Whenc cleaning, rub gentlyi inac circular 6.Afterv washing, dry offe excess Tips to Remember Testy your cleaning: solutioni ina ani using any type of cleaninga agent. The recommendetions underthiss has dried, the paints shoulda appear and disho detergent and cellulose sponge. rinsing. Uses separates sponge (a advancet toav weakr mixture ofv water andr mild, surfaces with water. Ifthisi is nots successful, down thec dirty walla and cause streaks that wall, could workingy bec up, sot thec cleaning solution does not run non-abrasive, dish detergent. difficultt tor remove. motion to avoid damaging the paint. moisture witha as soft, absorbent cloth. ares Darker, scrubbedt flat paints tool are more: susceptible tot being damageda and orr matte coatings. harshly. Eggshell, satin ors semi-gloss enamels having withstand pigment rub offv when they same, after buto cléaner, continue washingt inconspicuous thee entire wall. corner first. Ift the wall color andf finish! look cleaning better than flat Alwaysr rinse offt the wall with clean water the paints. sectiona area also applicable tod otherv waterbome oralkyd TWO-COMPONENT EPOXIES, URETHANES PERFORMANCE COATINGS Somei refers items below are only neededf for Forr minors spills or stains, simply wipe witha a soft Forr routine floor maintenance AND OTHER: SIMILAR HIGH- toaf floor coating- -itisa also applicable heavier-duty tov usee environments asi indicated; Fork heavy cleaningo ofas soiled cleaning, use as soft bristlet broom ora a commercial dust mop. below: sponger mop (also called" "hardf foam", floor,s mop) sweepa with) awaya hot anyl loose debris andt then mopt the floorv oForr oFor removing oil, grease, fats, etc. use Coroteche Refert to the maintenance Technical Data cleaning. use Corotechis Citrus Cleaner Oils & Grease V610 Emulsifier V600 ors similar. Somer road treatment Sheet/ ford dilutioni rates recommended by ors the similar, after cleaning. These cant compounds be removed may findt their way onto garagef floors manufacturer and! stores). Rinse to keept the compounds with hot water andac deck brush water then try may hot water, requirel andi lights if scrubbing still witha ac commercial: stain removing cleaner andf followt ther manufacturer's unablet tor remove withj just water, as pad. Start with cold ont thec coating, ast they will damaget thez recommendations. Do not usea abrasive use softs scrub type Exterior ors garagef floors can bel appearance oft the coatingi int thel long run. cleaning chemicals Therei is usually nor need for harsh lightly hosed clean, mopped ors squeegeeddry. vinegar, etc.). orf fors soap-based cleanerss sucha ast those that contains acids 'cleaners cana also make floors slippery. cleaners. Soapt based cleaners tendt tol leave aresidue. (citrus cleaners, shoes whene enteringt the coated floor easier area. tor remove snow and soilants from the bottoms of coated floors, especially when those unders sharpo objects orj jack stands top prevent verticals surfaces. cloth, sponge ort towel. water and thes suggested unlessa ab bullet witha cleanings solution leave al hazy film Somes stains from drying onto thef floor, (founda almost hardware User mats at entry doors tor makei it Placea ap pado ora a piece ofv wood Ensurea alla areas are clean jacks. Avoid! harsh cleaners, long run, Soap objects areu used fort bearing heavyl loads. damage tot the and protectt thef floor witha ar mat before! lifting! ast theya are usuallyr notr needed and they may heavy! loads with rolling damaget the coating overt the LEADISTOXIC. EXPOSURE WARNINGIIFY TOL yous LEAD scrape, DUSTO sand. CAN or remove oldy paint. your may release lead dust. ESPECIALLY IN CHILDREN. PREGNANT CAUSES SERIOUS ILLNESS, SUCHA ASE NIOSHa approved respirator to control WOMENS SHOULD ALSOA BRAIN DAMAGE, av wet mop. Beforey you start, findo out how leade expc sure. Clean up carefully AVOIDE witha EXPOSURE. al HEPA Wearo Nationall Lead Informational Hotline at1 1-800-424-LEAD top prc tecty yourselfa andy yourf family bys contacting vacuuma and or log ont toy www.epagov/lend the TOUCHUP Variables of Touch Up canu Generally, ultimately therea aref four main variables thato can 2.7 Thep porosity oft thes surface tot ber repaired. 3. Whent thep paint used fort the touchi is different 4.V Whent thee environmental conditions originally applied, Application Methods Wheny your use different application thei initial application. In thef field, the' "halo", problem by 5-10% may help bya being absorbedi into thes surface. accommodating The Surface Porosity Ifas second topcoat is nota Often, poor hidingi is Inc order top providet the best hiding 1.When a determineas differenta successfulrepair orr not. produceav visiblet touchup. These variables originai paint was application applied. methodis is usedv whent touchingu upo compared tol how the was from what was originally used. fort thet touch upc differ from when they paint anda occur. apply Commonly referred toa asa a "Halo." methods For with't example, thes same paint job, touch-up; problems can napi leaves touch-upy a differents witha a brush, differences int the paint lifyouu film's use ar roller for youri initial application resulting reflectionc causes surface thea profilet than brushes. Whenl light reflects profiler may ber noticeable. Roller also can! ben noticed when therei appearance ofad difference int the sheen offt or these profiles, the paint duplicate thet texture oft the original may bea by alleviated bys stippling with at brush or 'onat touch-upi jobv versus thev wickingr main rate problemi ist that wicking willr Wickingr not occura refers tor moisture some oft the paint's vehicle, and! whichr higherg gloss finishes. An unprimed, and porous degreo off finish, particularly difference. A sheena and gloss difference higheri ins gloss or sheen. Int this case anys temperature subsequent touch upv will Theses should bea appliedo over a primer with these lightlyt toned colors, two gapsi topcoats hidingt thes substrate. touch-upis is made, the color or sheen sealer. If only onet topcoati is applied arer necessary. porouss substrates will providet ther difference may stem fromi insufficient anda as subsequent changei is taking place ora clean white required sealing properties. Inc cases hide. a Usingaprimerc on supporta anda augment thel hidinga ability. orj jewelt tone colori is being used, where ap pigmented dramatic color isas significanto differenceir in thef film thickness color. oft Touch-upr marks using the same type ofa applicator, otherwiset tryingt to thec differencei in wicking. Diluting ther repair thét touch-upa and àtt thes same rate oft thec original top-coat. with Porous highs substrates sheene eggshells cand cause touchu up differences, inb both colora ben noticeable, asi it wills show appliedt up toa achievet the correct finish level, iso coated withac clean misdiagnosed white ort transparent as a color touch-upp problem. Ifa anu results inas slightlyk lower sheen or gloss substrate level. willa absorb willo occurr regardless. makes no color, there may bes some unpainted, in unprimed surface primer will Using the Original Material loses Save: moisture some oft the originaiy paint at eachj job sites shouldb bec contained over time and therefore contributes specifically toad fort touch-up purposes. Stored paint the edges ton make ther tot new the smallest possible area when differenty doingt the wickingr rate. The touchu up 5-10% ofv water when using and oldp paints blend. Thin thep paintt to repair, bea andy yous should feather Temperature & Environmental Conditions Temperaturec original coat, especialiy changes between when youy coats cand cause touch ups tot be! lighter or darker Typically, touch ups will bel lighter inc work colori int temperatures if cooler thant thei initiala application. Ifther they are appliedy whent thet temperature is differences with warmer temperatures-overt reverse is true, thet touch upc cana appear 10 degrees stillo occur, butt they can also bec caused by factors 600 degrees-arel less predictable. Problems darker. Color may water-based paint. applied with that fall between 40°F- 60°F. than your suchasf faster film dryinga and/or dry brushing. Tips to Remember Keepa arecordt thati includes the, eachs space. Savea as smalla amount oft the original paint usedine each *Keepa arecordo of custom color formulas and repair, Maker note ofr natural break-points where entires sections product, sheen/gloss level, application method and color for area. place ofp purchasei ifa additional paint is needed fora cank be re- -paintedifneeded. Fresh Start Exterior) Wood Primer 094 Surface Preparation Surfaces midew, must and be dean, loos dry end free of ol, grase wax, rust, Thinning/Clean up paint should amoved. scaling paint. Cement basad Breas such BE Glossys porch surfacern olecled should be washed with calings, overhang Moors" Clean(318)and or powerv washer rinsedwitha fon strong siream ofwaleri garden E scaledv water-flled after use, rags, stoely wool wate In. with propor adhesion, Stains remove from contaminants midew must that can intarfer USE deahing Caution: with Benjamin Moore" Cloan (N318)p prior be lo removed coaling the by product COMPLETELY contains organics OR solvents DISPOSE whichn OF PROPERLY. Thls msterials safely data Refer sheets to for the (N318) Clean technical data and ffects tothee environment handled maye cause adverse hending. clapboards Woods substrates mustbe tharoughlyd dry. Caution: Smooth glaze" ore eiding must bes lhoroughly tob break the" plened environmental. gency fori allowingpmpor penotrallona anda adesion, Difficult Subatrates: Berjamin Moore offors anumbero primers markings. for use over ditlicul! subatrates such as grease ofspecially DANGER: masony. hard substrates glossy surfaces, galvanized metal, fresh COMBUSTIBLELIQUID ANDV VAPOR suppressionisa particular problem.) where YourE paint adhesion or needs. can recommond the righp problom-solving Benjamin primer lor Moore" your specal Containe:P Petroloum Distilales WARNINGI "yous sand or ramove ald leadd dust. LEADIST TOXIC. EXPOSURE TOLEADD CAN ESPECIALLY CAUSE SERIOUS IN ELLNESS, SUCH AS BRAIN DANAGE, DUSF ALSO AVOID EXPOSURE. CHILDREN. Woara PREGNANT NiOSHapproved, WOMEN SHOULD Cancerk Hazard: Contains Crystallines Silicaw whicho control leada mxposure. Carofilly coans upwith HEPA respiraior lo wheni inthen raspirablel lomm( (spray sandingdust). canenusec cancer weln mop. Beforo yous slart, find out how lo protecty vacuumand yowsel 002MEADWb2OND tingt wwwepR.n NetionalLeadi Primer/Finish Systems Primer: Wood; New 1or2 ncluding coalsF Freshs Shakesands Slart"E Exteriorw Shingles: Finish: ApproprialeB Benjemin) Moore" Finiho Woodp cost. Primer (094) Hardboards Siding: Bareo orF FacloryP Primed: Primar:1 fora Froshs Exderior WoodPrimer! Finish: Appropriates BenjaminMooru" coal, (084) Application Dor nol apply when pir ande surface lemperturesa are (10"C) Moore" Spray, Airless: Donotthin Cleane equipmentw wihn minoral apiits. DANGER Rags, steelwoolo orw spontaneously catch fire I soakedwith improperly thep discarded. produet tontaliner. consult your prohibitad. sanitalion Local department dieposal or requiremants locald disposal aptlons. Environmental Health & Safetyl Information CAUSES HARMFUL IRRITATION ORFATALI IFE TO SWALLOWED. EYES, ASPIRATIONHAZARD. Hofineat1- and NOTICE: lead-lo Repesledo prorpederpoamiac arganics solvenismay misuse permanentb by brain andn nervous ayatem damage.! Inlanlional harmtulorfatal dlberatcly concentratng andi inhaling vapors maybe Keep ventiladon. away from heal and fama. Use only with adequale ayes aathe vapars, prolonged spray or mist'ors sending dust doors apors spray mistopenw repeated conlact and wth lo fresh air entry during dizzinest experience demonstratos eye watoring, headache respirator above the applicable ar an appropriste, vapor properly oyels ftted are respiralor manulactuer's (NIOSH mpproved) drections during for and afier mpplication. Follow below 6O"E Hazard. Smail amounts aspirated into the respiralor use. Aspiration Ay WARNINGO P8maminscaa Cancers andF Reproductive) Harm- FIRST remavek AID: tresha Ma allected by inhalallon of vapors or spray plentyo ofwaior Incese 15 ofe eye contact andg nush immediaialyw B dlately; for Ekin, wash horoughly with galn soap medicala and aHontion waler. symptoms induce vomiling. persist, Gelr sesk medical altantionin atiention. Ewellowed, do not INCASE OF FIRE -Usel foam. Co2, dryo immediately. chemkcalor waler tog. under" SPILL CleanUp. Absor whi inertn materisl and dispose of as specifed KEEP OUT OF REACH OF CHILDREN Refert to Safety Data Sheet fora additional healtha ands safetyi information. instructions oni its proper use and landhils wastes containing Is elther organle selvents improperly. or free-liquids Disposalof In "mill VAPORN HARMFUL TRACT. SKIN AND RESPIRATORY novfland. one coats. For best resulls, uaeaBeniamin Moore* cause tos severe Injury. Close ruspiralorys container anere each may brislle or myonipolyesler brush, Benjanin Washt thoroughlya afer handing. product. This product can also be 500102,000PS! .0170 Orifice sPamgonDiive. Start riangle 076457 Tok 291)573-98D0FA 201)573-9048 M72 094 071016 Allothor ULTRA SPECPEXT LOWLUSTRE FINISHN455 General iption Designed quality 100% acrylic exterior lowi well toay exteriors lutre surfaces fnish. ceilent quick color temperature application. EAsy swall waler Limitations lemporaluresa are nyisidingorlind darkeri thantheo originai Notforintorioruse Technicall Data Vehicie Type Pastel Base Pigment Type 100% Volurne Tilanium lon Thickness 350-47554. Film 23 ime DriesB By Viscosity Flashp Point Sheen Surface Tempereture Tninwih Clean Upl Thlaner WeighiPerGalion Slorage Tomperature Min. Volatile Organic Compounds (voc) 44.1GmamaLier .36lbs./Gallon Base. Benjamin Features qualitya latexlow Providesa hable C) ing arick, Moore poeingand Resists ing ne midew Fast, simplec cleanupwilh etention, color retention OC inder Colors- Standard: Vhite (01) TintE Bases: Benjamin Moore" Gennex"bases 1X, 2X.3X,4X Special Colors: Contocty yourt Benjamina Moorer Represantative Certifications & Qualfications: voce compllantina alr regulateda areas Utras PassesA Spec" ASTMD Maronryin D6904) InvExt1 WindOrivens 1001 Rain Resistancer: Overanec coatol Masler Painters Insiluton MPIM214 Acrylic! Sealer (0608) Technical Assislance roughy yourk locala inmpore.cen Moore Gennex Hour Evaporalion, Coale 105:2KU LowL Lusie 7-12060) 40 100"F SeeCharl Cleanw Water 10.SRS S7 ndependentE you, calli 1-866-7085 Berjamin 9180orvisi Moarer Monivalo, M72N NSS Us 033020 Ultra Spec"E EXT Low Lustre Finish N455 Surface Preparation dean, andh froeofoll, wax, rust,m mlidew aces palt, Cement waterg urfacas be ullied. cellings, vorhangs prutecie Moore? Clean (N318). and watt from hosear ower Finish:for mildew must interfere with propot Repaint, AIIS Substralas: to (N318) Cloan Cloan (N318) lechnical coafing thes surface, ceaning Caution: daia and matoial aslety data properu usemnch hending. ati surfaces must be power weshed or brumhed Si thorough biatlor to paricles. must be allowed lo cure for days bolore pre-cest concreley witha veryemooth fomi or to promole adhesion, agentsandauringe compounds. Substrates: Benjamin Moore biersa number al pecially Thinning/Clean up diffcut substrales auch as binedng markings, hard glosey surfaces. or oblem. Your Beniamla achesiono Moor" rstain rotalnr suppreecionk paniculer problem-s primer yours apecisinoeds. the ght WARNINGI load dst. LEAD Hyouscrape, I5 TOXIC. sand, removes oldpaint, mayrelense CAUSE SERIOUS EXPOSURE SUCH TO L DUST CAN ESPECIALLY INC CHILDREN. PREGNANT WOMENS AS BRAIN DAMAGE. Brush: Nylon AVOIO EXPOSURE. Wew N NOSH approved respirator SHOULDA tocontro! ALSO carehsly wiha andawet Promi the Lead Infornatidn loprotocty yourselfa Hotine at Spray:A Aidess gowlead. Primer/Finish Systems News shouldb fully andp previouslys surleces For hiding lestrad. finish coat, Primer: linted prescriptions formino thed color. Consully Woodande ered produets: EXT (NSSB), Freshs Stare Latex (N023JorF Fresh Exterior WoodPrimer 094) Jila Spec" Luatres Finish (N455) Redy nd Cedar): (094). ASPurpose Allyd liding AF Purpose Lowlusire Finish (N455) Finish; Finisho (N455) Vinyl posite notp paint priginal or. [N023) Finish N455) Block FHor571) Acrylic Eve (60a)er (N023) Lowl Lustre Firish (N455) Molal Prkner P04)ors Supers Spec LowLuser Finish (N455) Orive. Montvale. NJ07545Te 201,573-9600 Fax 201)573-8045 Revive, Super Allnewmela! Groase shoud dledwith edhesion. HPO nish above. resuls Paint Application Adds18Exlande ressure: Tp:.013-017 Up: Clean bepivens USE COMPLE containers Environmental Heaith & Use DISPOSE OF in Safety Information Do Close Reproductiveh Harm- lozolinonec compoundss atlevels lound n mos! care poduchs presepvative. or these subctonces. Aush wilh pientyot wths and lo fresh ak. cperience continyed medical tientio SPILL Absorb wih inert melerial and dispose ofas Cleanlp KEEP OUTO OFF REACH OF CHILDREN PROTECT FROMF FREEZING Refertos Safety Data Sheetf for additionall health ands safety information. mply N45S US 033020 PREP ALL UNIVERSAL METAL V132 PRIMER General cripi Prep AI Unlversal Matal Primer an economical, all eered comosion producsion A proyidas products. and Hlows inish for applie edby MVLP spray, brushe plication, Limitation inune use suchas orial rersionservice fomporaluro 12hours 90%. Dondt pplyif pectad TechnicalD Datao Vehisle Typo White ype "henol Titanlun Gellonat TicmmendedFlm Thickness 350- Thickness 8-2. 30Minutes 400 FEDERAL VES (bs, OTC ES High LADCO YES USDAI inspected OTCI TTP664 Meets co Specilications OTCIIRI CARB Master Palnters InstiluteMP1876 CARBO7 UTAH AZMC SCAGMD Technical Assistance: your horized you, Banjami COROTECH MIPKPIRIIAHAKEE rmae dy-recoat Tlocoalo mmended ous Melal Feat Corrosion, prolaction Colors Standard: Whie (01, Red20, Gmyogy Canbe inted, lo2.06. o2.OfMO anta Tint Bases: Contacty your Special Colors: Certificationa & Qualifications: Productinformetion gallion, The products rtedbythisd data VOCK REGION COMPLIANT (25" Time@ "C@5 50F(TT-P-141. Corolech" Temperature Thiny Thinner WeigMPer Gallon Slorage" Temperature Volatile Organicc Compounds (voc) 393Gamsliler 3.28Lbs/Galion eporindyalu MRVISREN 081020 PrepAIIU Universal Metal Primer V132 Surface Preparation Alsurfacesn musto bes sound, dy, deana mleasa curinge compounds. andisaatole prease, din,n midew, Cleant Up SURFACES: Steel: Fart (SSPC-SP 6). mikt bosin conftions, reaults, abraniveb blast epafation. svllatedory, butp perfomance hand : power tool preaseres Paintad urisces: Waah and lonse ossys Ail anas urlacos ha! Ighly Remove mayh haveol Maye causea Serlouse ana allergics eyeir irritation skinn sandblast anod bare notal, moreth using. han bliater WARNINGI yous aurfaceis surfacei volved, loa cleans commercial solleda lead dust. LEAD scrape, IS TOXC, sand, removeo oldpalnt endspot Maybe CAUSE SERIOUS LNESS EXPOSURE TO LEAD youmayre DUST CAN Highly aaiteilowed. mmablet liquida andv ande antersa ainvaye AVOID EXPOSURE. IN CHILDREN. PREGNANT SUCH AS BRAIN DAMAGE, exposure. Wear up NIOSH approved WOMENS respirator SHOULDA lo Prevention: unt all safely Oblein speclal insincliorisb laose and fakingp aine Cieurw wihc Corotech"v v703orxyliene Environmental DANGERI Healtha & Safetyl information dupendentu Causess Causes skin Iritation Haye cause canéer reaction exposure Causes damage to organs through prolonged ar repeated vapor Don protective precaulions equipmenta have beann beloieusa.o read andu nothandle shoud Vuma'gas nol be Mowed out hending. of tne Conlamhnales workplace. Do work moke faces, when using this BrodEL Donete eat, drink not spaiks, open Kecp container famas and cther away ignition from sources, heal, No hol receking equipment. ightly Uiso closed. Groundi bond container dohingleyep prolectonacep protection." Remponse: IF exposed IN EYES: or Get emova contact Rinse enses, with water Ees imilation rilation persisis: endensyloco ntion. F ON SKINfrh hair): fash occuns: E odvicel acvicel ated clothing. Rinse Remorcrateefn immedatelyni E soecenuse skin with waler Wash miting. POISON case CENTER of fre: Use or cdaphyicen EAOEE Do NOT immadaay induce co2, dry chemical, or losm for cool. Storage: Slorok lockedu up. Storei ina well-venllaled piaca. Keap dltpasalplant" Disposak Dispose of conlentaicontainer loan approved waslo spemtaneouslye DANGER- Rags.s calchf fire woold a improperlys or wasle soedunNisp use. place rags, sleel wool waste discarded. sèaled Immediatelys EE ing waler-mmedmelal A, WARNING: Cancera and Reprocucte Ham- nasE1goy Tnls above. document Reler represents individuals hazards al the product referenced ATIBLE specife wiibe using. Snfely Dela Shaetlorh hazardso ofine V2zoline. 3o0Lma. V520 V330 FORI METAL SUBSTRATES MEDIATES KEEP OUT OF REACH OF CHILD ONLY FOR PROFESSIONAL USE ONLY LDREN additional Refer tos Safety Data Sheetf for health and safetyi information. you HEPA Lead Application 1-800-424. thomughya beforo his. application.7 Theyapladil mheratlow Airiess Spray: Tp range, belwecn Can roller. brislle covor. hosas, ousalls Hotline omily any othing exposad skin horouphly aher as equired, Wash undersiood. faom, handsa Use and Airs Spray Pres houdn natbeles than 2200ps. 013 and. .017. Total fluid ouput precauionavyn stinelIghingle measures equipment. Use-onyn explosion-proof non-sparking eleciricalr Pot): DeVIDEM MSCa or. JGAg gun, 70ar765air ploves/p protegtivec againsts static discharge. Wear loois.T prolective Take e STDATA extinction. 588-248 2V132EN 0Bi0s LAN Benjamin Moore Features Tough, durmblat xterioro interlor fnish. SUPER SPEC HPO PIMALVDLOWLUETRE P23 D.T.M. mits fng, Supers SpecHpDTM oislure, Hp* pertorrust inhbtons end ackap faprimera andh Inlerior, such Bleel, ahaminum, 50'F( (10"C). pply whana air ands surface lomporaluross areb below FOR USE ONI METAL SUBSTRATES ONLY Noifora applicationc directiye galvenized netat. TechnicalD Datag Vehicie Typo PigmehtT Type Volumes Solids Coverapep per Gallonel mended Film Thickness Thickness Colors Standard: Whis, Black,a andbronzelone Tint Bases: Benjaminn Mon*Calorp Proviaw'bases 1B,2 28,3B64B Special Colors: Contacty yourB Benjaminn Mooren representative. Certification: voco Compliantin hatf follow ilr regulateda thez 20075 arease Suggested exceptt thes South Coastanda areas (25-C18 yTima Mastor Painters InsliuteM MPIS79 Class STMES4 -25ovarn nono combustibles surfecesw when lesiedina rdance Technical Assistance: Preductiniormation PastelE Base Soya Aliyd Titanium loxide 52.69 50Sq, 2.1mils 6Hours 2Hours cure Evaporation, Cxidation 83:3KU 350F Combuss vLustre 90F DoMotThin MineruSplis 11.51bs 40"F ControlM Maosures. authorizedi rest independentE Berjamin Moorer Gioss yourk localy call 800-426-2623, Yellow Peges." ece relailer. Surface atApplication Temperalune -Min. Tinwin CleanUp Thinner WeightPer Gallon Slorage Temperature -Min, Volatileo Organic Compounds (voc) POF 370Grams/Liter 309LBS/Gllon hasenhomseaen M72 P23 us 10911 Tek: 201)573-0600Fex (201,573-9046 Supers Speck HPD.TM. Surface AlkydLowL Lustrep P23 Preparation GusL Surfacas faly usL be coetedr mai scale, mus! loose bed dlean, dry, and fraeo cfol, inlerforey thes wilh achesion. paint, Glossys chelk and other Metak Removek loocen surface, rusl Mildew: sandpapor. Cieanbarer metaly ands withm scale minerals wiha scraper, wirob brush or conlairs ervironment! solvonts which mayceusea OF PROPERLY. adversee offecis Thisp product Benjamin Shains Moore" from Clean mldew must be removud spinis." by sheets.fork Reior the (318) Clean 318jporis technical lacatingih hesuface. deaning Caution: wh Local diapona nay ycdhecane collactiong progrem, Dilficult siruclions onits properu usea dataa andn material safely dala morei department or equirmants vary; consut rergycingprogam. your Banitatlon primers lor Subetraesi: use over Benjamin Moore andhandrg. offor numbero stains crayon diticult marinss. substrates hard such as bleeding ols specialy wpodis, DANGERI Environmental, Healtha &s Safety! arlicular substralesw problem. wheropainto plassys surfaces ors sleins tproblems Your Benjamin Moore retaier COMSTEIEUOUON VAPOR HARMFUL ANDVAPOR WARNINGI elease lead #, dust. you scrape, oMrgprmerbory sand or yours specialn needs. can Gontains: CAN CAUSE SERIOUS LEADI IS TONIC. EXPOSURE remove ald TOLEAD paint, you CAUSES HARMFUL Patrolaumd ORF FATAL distilales. IF ALSO ESPECIALLY IN CHILOREN, LLNESS, SUCH AS BRAIN DuST VRACT, IRRITATION TO SWALLOWED. EYES, ASPIRATION HAZARD. AVOID EXPOSURE. Wear PREGNANT WOMEN DAMAGE, SHOULD lamiyt erposure. Before yous Carelu start, find cloan out NOSHapproveN hoy upwitha HEPA vacuum reapirator and lo lead NOTCE: lop parmaneato Repestedo proiongede exposures 00-424- conlactingt then Nationall Leadi intormation top prolecty yourself and misuse bys delbersidlyo brain and nervous syslem porgertceoivenisn damags. intertional may ADoriogonto Psuepagerled Hotinea hatmMorle fatat. congentmsing. andk Inhaling vapors be Note: Primer/Finish Supers Systems primer SpecH HP" OTMA AlkydLow Lustre certair usually necespary. Aa aliys-hasede sapiming. No Avoid Ekin. contact avoid wilh eyes and vapors. spray or misto ors sanding ust: darkorp ecylic nishs venlRated areas. Ins owing. Thise elfect accelerated nemels doors or reathing other means vapors prolongedo to ors apray mist repealed open windows conlact ith (P25)lar recommended, Supers Speol B BETA Aeryiclowl areas, theuse Lustre or applicaliona dzziness andd orrn drying. lyous experiance ensure eye frosh watering, air entry Ferrous Metal: dr2coalss coals Supers arer SpecH MPDIMA AlydLowlustve respiralor manufacturers (NIOSH approved) during anda appropriate, afler application. property roquiredo on barer metals (P23) Hazard, Smal directions for rspirar Galyaniceds Aluminum Metal: All Emsili P83) leanad vos Supars SpecH galvanized ona metals urfaces Finish: Super Speck coplamihants. Motal Primer Grease WARNING: Calomial lo Thisp producte containaa chemioalk (P23) Supers Spec pE D.T.M. Alkydi Lowlustre (P04) Repaint, AiSubstratas: Primet fori thes subgtratee above. reas withthep primar Application xing Paint: Sirt thoraughly before ando For best into lwoc conts paint Applywth groaler ge protecte anda preserva, roller, spray. bristie purposes synetconah.s shorinap Spray, Alfless: FludPressure p 011-.0 0150 19H25B6PSE Thinning/Cleanup DoNotThin: suraces USE COMPLETELYO OR DISPOSE Dy purposas amptyo onteine r housel ahold improperty. azardousy Saveu unusedp waste prodyetfort B informationond hdegnsta disposale ese agency for Information SKIN AND RESPIRATORY Keep away from heat and ventilation. Donot brealhev Hama. Use only with adequato respirator abovo osppicable lmis; manitoring weara demonstraler an vapor L levels use.W mlidtos severe Emounis pumonaryk asphatedi intou hen respiratorys use. syslemn Aspiation Washu thoroughlya aflerh handhing. Injury. Close conlsinera afere a causoe cancer andb birth delecis, oro knownk olhern lothes reproductive staleof FIRST AD: i uffecled by inhalation af Inc casad ofayec contact, vepors Mlushin or spry mist, leasi 15 minutes and get medicala atlention wih Induce wilh Get soap medical waler. Cleanup. dispose ofass specife KEEP OUT OFF REACHO OF CHILDREN Refer to Material Safety Data additional health ands safetyi Sheetf for information. mayb loccasionalyd duingu use. INCASEC OFF FIRE- -Uset applys generousyg gohng from unpainled under" SPILL Absorb wih inert foam, malerial CO,, dryo and chemicalor waterlog. crjomin BenjaminA Color Preview, Supe ParagonDrivo,M Monivale, NJ075457 Ter (20)571950Fard 201)573-9046 Symbo! mbenarionoeseg M72 P23US 110911 2010, 20115 Benjerihn looresca. served COROTECH MAREEBEGRHAKE: Featu ures ghi oderate ommerclals lerior xterior use luse mperalurea applipation Satinf inish ervice Recor ended or other non-lerous COMMAND V392 EISMEOMICUEINNE General Description Corolech" COMMAND" acrylic urethane ertremely UV yales. Colors Standard: Whte (01, Bionniomasin Black (80) Benjamin Tinte Bases: GemnexPhases1 1X.2X3X64X Conlact our Speciald rolallor Colors: Certification & Qualifications: Thep productes sheeto portedbythiso deta Frezuctinfomalion Technical Datao VahicieT Typo Base1 ent Type Acrylic Sofds Gallonat Flim Thickness porosity seistant 5Miny Recoat Service 2Hours 87:3XU Water 10.7lbs. 40'F 95F Sailerlo M2VISGENO63420 COMPLIANT VES Dy. Timee Yes High humidily By lash tApplica Temperature Thlay Wih Clean Up Thinner WagmtPerGalon Stomge Temperature Volatiled Organicc Compoundsn vocI 138Gams/Lier 1.15Lhs/Gaton Reportedy valvesare forBase1 50gram dry, recoato ande Jarvice cool limes. temperalures resuR 24Hous Technical Assistance: through ofthe com you, caf1 1-868-1 lent 708-9180arvisit Surlace COMMANDW Surface Preparation Waterbore Acryicu Urethane- -Satiny V392 Prior painting urfac Brush:s Synthelic Brislea Groa nil scale applying solution grease, of S din 01 other Roller: Knaporinerte fors only. spiooths cloaning (SSPC-SP3). Toa ing or paint rast NOTE: eguipment. Dos not allow material lo surfaces. Glossys areas surfaces holes. cracke and sand" Power os thinner. Dor Thoroughly flush al remialh in hoses, removed. mus! prepareda deglossed. anda Hoderale heaviy smpoth. b bélow 35 pply C). Wmslerial, Lhstrale equpment ambien! wth evrerspray mended Ferrous Metal: activert rusts houldb bep properly rusted wihin4 Do nola Mithin degroes Rolative ofc humidily shoud be lemperalure below proparation Romove anya active rusted aress MetalPrimer VHOp priort nséructiona. totope coating. Apply ons.o catotd Clean Up Non.fFarous Metal y Cloanwihw wam, nommaly comes from (Galvanlreds the mic & Galvarzed CAUTION: Al fioor soapy water. being Biored exidationo or passiveled, steut Where nonshid be thorcughly ors shippod lon Job Sha. Duelo urfaced during encapsulate. appropriate antis mggregule into he desied, wet handb broadcast wheny wpihgi cleanud Mth Corotech"o o1 to & his. E USE Graase Primey propory preparads naccordencew Withs SSPC-SPI may be OR DISPOSE OF PROPERLY. ome ECTEYO Bonging Primer suefacos Vi75ara with Acylic L disposal deparimont quirementa recycled ma can ecysing Wood faces: apply 2 coatsof or wi aaylic For bestn results, prime bare disposalo options, : spots sealing eoded primer. COMMAND Apply one or hwo finigh andn nèww coats wood Environmental wood, howow may dry to an almobe vaod af WARNINGE Health & Safety Information Dy Wal and Plaster Prime vneven finish on some CAUTION: AI equallya acrylprimer.A new. drywall andf filly cured Whore non-skid loor coatings may becoma days. Concretes New Surfaces: Alown new Aeplyonear concreles twon fnishe coats asn needed, plaster ensi-siips e are desired, uso slppary, an uppropriato when wel lo. concrelae lolow eichs the orakf sokion unpainted and! han concrate ringedi toages shouid fora be minimumo etched af30 Poseible birth defect hazard. solution. Prolets arufechurers skin inatructions with witer. Besure with a basedona btiela methyla ester, Conlains, Carbamie cause ackd, 1H- pogoles.) Rinses surfacet and eyes - wearing and animaldata dye camplelely belorec coaling cieanwaler.A gloves i Use only sdequale Glosays claneda and einesae d paintodc concrete ABows shoudb be E sanding dus. venlilation. Ensure Donotb broathe vapors, surfacep prolle Surfacas Glossye eurfacasn sancingines surface prior o Thep preleresn muat be Geglosed to oblaina exposure wils and skin. Mayo cBusea aliergics skin andp E ahould boprimedw with E Arvas that canngtp methodis priortol fmnishe coaling. Corolech Walerbome beprcpery WARNINGI lyous release lead scrape, sand, or CAN CAUSE dust SERIOUS LEAD! IS TOXIC EPOSURE remove old paint, you ESPECIALLY NC HLLNESS, AVOID EXPOSURE. CHILDREN'E PREGNANTY SUCH AS BRAIN OD DAMAGE, lead Waar NIOSH WOMENS mop, sposure, fores Clean ups carefullyy with mpproved HEPA respiraior SHOULDA loo control ALSO water FIRSTA forat AID: Incssocieyoe contaci, wwweD owead, Houine at 1-800-424 Application Mxt thep produp thorouphay Thinw beforea application, Theu uspole Walero only. Airless Spray: Tiprange Total 015and. 019. sufece, remove af application. dewp oriicainis 90%. bacome Sippery AimG than back-ot consult RE E sanitation on = agonty whichmaye birhd dalecte repeatede ying. vold contact wthe tresh eyes air aniry respinior ing Sprayn mistb te approve roepirator tainera atere ufaclusers apicatien and cléan eachu use, Waght Srertions respiroter use. - horouphiya alarhanding Ammee ReproductiveHam- ECMEUR ence realhing. leavo seok the modical liention ficuily is exparienced, get specifiedu INCASEC OFS SPILL Absorb wilhi under Cleanu Jp. inertr material and dispose KEEP OUT OF REACH OF PROTECT FROMF PECHNOREN Refer tos Safety Data Sheet for health ands safety information. additional E the Nationar fndo outhow Leadi Inforational loprotecty yourselfa vacuum andy yourla wet and loas! symplo minules; persisl, fors S washu tharoughy withpientyol ir.Ir medica aircapandF 407645 Vs Fax: H37 11208 JOHNO GALTBLVD OMAHA, NE6 68137-2364 (402)5 593-0101 Sales Order Agreement ELECTION SYSTEMSBSOFTWAE Sales Quotation#: N/A 1stE Election Date: September 5, 2023 Estimated Delivery Date: April2 2023 Phone! Number: 252-641-7852 Fax Number: N/A Customer Contact," Title: Jerry Spruell Customer Name: Edgecombe County, North Carolina E NEW D NEW REFURBISHED Type ofs Sale: Type ofEquip: Bill To: Edgecombe County, North Carolina Jerry Spruell P.O. Box 10 Tarboro, NC 27886 Ship" To: Edgecombe County, North Carolina Jerry Spruell 201 St. Andrew Street- Room 434 Tarboro, NC 27886 Description Item ExpressVote BMD 2 ExpressVotel BMD 3 ExpressVote BMD ExpressVote BMD 5 ExpressVote BMD 6 Services 7 Trade-In Allowance 8 Shipping Qty Price Total $87,840.00 $6,000.00 $345.00 $105.00 $2,760.00 $1,975.00 ($5,200.00) $960.00 94,785.00 ($5,000.00) ExpressVote Universal Voting System: with AC Cord, and One (1) Standard 4GBI Memory Device Soft-Sided Case Standard 4GB! Memory Device (Additional) Blank Ballot Card Stock- 14" (250 perp pkg) Equipment Installation Equipment Operations Training Day Equipment Being Traded-Int by Customer Includes: 26-AutoMARK Shipping & Handling ExpressVote BMD with Internal Backup Battery, ADAI Keypad, Headphones, Power Supply 24 $3,660.00 24 $250.00 3 $115.00 4 $26.25 24 $115.00 1 $1,975.00 1 ($5,200.00) $960.00 Order Subtotal $ Freight Billable: yes E no D Customer Loyalty Discount Order Total $ 89,785.00 Cara Florence Regional Sales Manager Customer Signature Date V.P. ofFinance Date Title Trade-In Equipment: ES&S will coordinate and payf fort thep pickupa and transportation oft thet trade-in equipment from Customer's site on a datet tob ber mutually the agreedu upon byt parties. ES&S is responsible forp preparing, packaging and palletizingt the trade-in equipment fors shipment. Edgecombe County, NC- ExpressVote BMDI Front Side Sales Order Agreement- 03.31.2023.xisx Page1 100% ofOrder Total due Thirty (30) Calendar Days after thel later of( (a) Equipment Delivery, or (b) Receipto of Corresponding ES&S Invoice. Invoices are due net 30f fromi invoice date. Payment Terms Note 1:A Anya applicable state andl local taxes arer noti included, anda aret ther responsibility of the Customer. Note 2: Inr no events shall Customer's payment obligations hereunder, ort the due dates fors such payments, bec contingent ord conditional upon Customer's receipto off federal andlor statef funds. Warranty Period (Years): One (1)Year From Equipment Delivery Hardware Maintenance and Software License, Maintenance and Support Services Post-Warranty Period) Upon the expiration oft the Warranty Perioda andl Initiall Liçense Terms, ES&S and Customer wille enteri into al Hardware Maintenance and Software License, Maintenance: and Services Agreement fort the continued maintenance oftheE ES&S Equipment and thec continuedi license and use oft the ES&S Software and ES&S Firmware. Support SEE GENERALTERMS Edgecombe County, NC- ExpressVote BMDI Front Side Sales Order Agreement- 03.31.2023.xisx Page2 Mailing Address P.O. Box 2725: Raleigh, NC27611-725: Phone: (919) 733-717: Fax: (919)715-013: KARENI BRINSON! BELI Executive. Directo. NRTH CAROLINA State Board of Elections November 30, 2023 Edgecombe County Board of Elections ATTN: Jerry Spruell VIA Email Re: Authorization for Noncompetitive Procurement oft the ES&S ExpressVote Dear Director Spruell: The State Board of Elections received your request dated November 30, 2023 for written authorization for noncompetitive procurement to purchase the ES&S ExpressVotes. Purchase goods or services through a noncompetitive procurement applies If: (1) The item is available only from a single source authorization for noncompetitive procurement. The purchase of purchase the ES&S ExpressVotes meets the sole source criteria. This letter serves as Please feel free to contact me ify you have any additional questions. Sincerely, Neil Baddour Voting System Certification Manager 6400. Mail Service Center" Raleigh, NC27699-6400 441N. Harrington Street - Raleigh, NC 27611-7255 cott systems Contract for Records for Online Index Books Edgecombe County, North Carolina Vila Anderson, Register of Deeds October 10, 2023 ONLNEINDEXBOOKS COIB 0000 Cott Systems, Inc. 2800 Corporate Exchange Dr. Columbus, OH 43231 (800) 234-2688 I cottsystems.com cOtt systerns Records for Online Index Books I Edgecombe County, North Carolina ADDENDUM FOR ONLINE INDEX SERVICES This Addendum for Online Index Services ("Addendum") is by and between Cott Systems, Inc. ("Cott") and Edgecombe County, North Carolina ("Customer"). This Addendum is being "Executed" (signed) under the 1. Service. Cott will electronically capture, where applicable, and catalog pages from the index books and/or index cards and/orrecord books along with, where applicable, the associated key tables, subi index, charts or tabs, and create setout names, alphabetical breakdowns or numeric breakdowns for the index book pages and/ori index cards where appropriate, as specified. The electronic pages of the book(s) will be examined for quality and readability, and pages will be numbered to allow for linkage between index book and/or index 2. Source. The source of index and record book images and/or index card images, may include, though is not limited to, microfilm, microfiche, aperture cards, CD/DVDs containing information in TIF format and original hardcopyi index andi recordb books and/orindexcards. Project efforts mayi include onsite scanning from original books and/or index cards, and if so, would be specified. While Cott will use reasonable efforts to provide a quality image, Customer isi responsible for ensuring that the quality of captured index and record books pages Terms and Conditions of Cott's Master Agreement for Products and Services. card entries andi record book entries where applicable. and/or index cards is acceptable. 3. Fees. Thet fees are set forthi ini the "Fees" and' "Payments" sections. 4. Early Termination. Customer may terminate this service and this Addendum by providing written notice to Cott. Cott is entitled to recover from Customer all fees incurred through the date of termination (eveni if Go- 5. Ownership. Cott and Customer acknowledge the Customer owns all rights and privileges to thei information made available through this service. Cott will not remarket or claim ownership oft the information. 6. Information Presented, While Cott's systems allow for excluding certain information from being viewable when accessing Customer'sbase: system utilizing Online Index Books or Online Books, Customer acknowledges and agrees that Customer is responsible for complying with all applicable laws regulating the disclosure of private, sensitive or personali information. Cott exercises no control over, specifically rejects any responsibility for and will be held harmless from and against any liability for the form, content, accuracy or quality of information passing or obtained through or resident on the Online Index Books system or the Online Books. Customer is responsible for determining which records, fields, data, images or portions thereof, are available fors searching or viewing. Customer will be responsible fori implementing and carrying out such standards and 7. Disclaimer of Warranty. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER COTT NOR ANY OF ITS VENDORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECTTOTHE, INFORMATION MADE AVAILABLE THROUGH THIS SERVICE OR THE OTHER PRODUCTS OR SERVICES PROVIDED BY COTT OR THE FUNCTIONALITY, PERFORMANCE, RELIABILITY, COMPLETENESS, TIMELINESS, SECURITY OR RESULTS OF USE THEREOF. WITHOUT LIMITING THE FOREGOING, EXCEPTAS SPECIFICALLY SET FORTH HEREIN, NEITHER COTT NOR ANY OF ITS VENDORS WARRANTS THAT THE INFORMATION OR THE OTHER PRODUCTS OR SERVICES PROVIDED BY COTT OR THE OPERATION THEREOF Live has not occurred yet). any information inpute errors. 2800Corporate Exchange Dr., Suite 300, Columbus, Ohio 43231 1 www.c cottsystems.com (800) 234-2688 Page 12 cott systems Records for Online Index Books I Edgecombe County, North Carolina ARE OR WILL BE COMPLETE, ACCURATE, ERROR-FREE, UNINTERRUPTED OR SECURE OR MEETS OR WILL 8. Standard Terms. Cott'sMaster. Agreement for Products and Services also applies to the provision of products and services by Cott under this Addendum and the terms of such Agreement are hereby incorporated by reference. The terms actually set forth in this Addendum will govern in the event of any conflict or inconsistency between its terms and thei terms set forth in any other document between the parties. The terms of this Addendum govern the provision of services by Cott under this Addendum and any MEET CUSTOMER'S REQUIREMENTS. Schedules executed by Cott and Customer hereunder from time toi time. Xcustomer Acknowledgement: Date: 2800Corporate Exchange Dr., Suite 300, Columbus, Ohio 43231 www.c cottisystems.com (800)234-2688 Page 13 cott. systems Records for Online Index Books I Edgecombe County, North Carolina Cott and Customer have executed this contract to be effective as of the date iti is signed by Customer. Cott's Master Agreement for Products and Services also applies tot the provision ofs services by Cott under this contract and thet terms of such agreement are hereby incorporated by reference. The terms actually set forthi in this contract willg govern int the event of any conflict or inconsistency! between its terms and the terms set forth ina any other document between the parties. Iran Divestment Act Certification. Cott hereby certifies that Cott, and alli its subcontractors. are noton the Iran Final Divestment List ("List") created by North Carolina State Treasurer pursuant to N.C.G.S. 147- 86.58. Cott shall not utilize any subcontractor that isi identified on the List. Master Agreement for Products and Services Resolution3 Online Index Books Hosted Services Addendum 1/24/2023 (DateSigned) 1/24/2023 (Dates Signed) (County, Parish, Town) Edgecombe County, North Carolina COTTSYSTEMS, INC. CUSTOMER fgnatim) OPriNam) fPritiang (Atrasi Deboraho CA. Ball 10-11-2023 Syuta Deborah A. Ball Dnilmi Chief Executive Officer 6%6 Datii fCin) Certified WBENC Women's Business Enterprise) Customer acknowledgement required on additional page(s.) Please digitally sign andi initial; or print, sign, andi initial original copy. Once contract is signed, please fax or email the entire contract to Cott. To: Cott Systems I ATTN: Finance Dept. 1 1866540107/contracts@rottyptemscom A Note Regarding COVID-19 Cott Systems adheresto: all applicable local, state, and federal guidelines regarding COVID-19. Work by Cott team members, including though not limited to applicable travel and on-site work, or third-party providers of equipment, may be impacted by COVID-19 related restrictions. As your project progresses, we will work with you to make any necessary adjustments to coordinate the successful completion of your project. 2800 Corporate Exchange Dr.,Suite 300, Columbus, Ohio 43231 www.contyptemscom) (800)234-2688 Page 14 COLL systems Records for Online Index Books I Edgecombe County, North Carolina Addendum to Contract CONTRACTOR'S CERTIFICATION OF COMPLIANCE WITH ARTICLE: 2, CHAPTER 64, N.C. GENERAL STATUTES (REQUIRED USE OF FEDERAL E-VERIFY SYSTEM BY AI PRIVATE ENTITY) (NOTE: Effective September 4, 2013, ALL private entities who have contracts with North Carolina MUSTexecute this certification, or their contracts will not be approved.) Pursuant to G.S.1 153A-449(b) no county may enter into a contract unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 ofthel North Carolina General Statutes. Among other things, that law requires certain employers to verify the work authorization of each newly hired employee through the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies. Accordingly, the undersigned Contractor makes thei following certification: (Check the appropriate. box): [I the undersigned Contractor has complied the requirements of Article 2, Chapter 64, North Carolina General Statutes, and will continue to comply with same during the term of its contract [X] the undersigned Contractor has less than 25 employees in North Carolina and is therefore not FURTHER, the Contractor certifies that it wille ensure that all ofi its subcontractors (ifa any) have complied with Article 2, Chapter 64, of the North Carolina General Statutes ifi its subcontractors have moret than 25 employees FURTHER, the Contractor acknowledges that his/her/its failure to comply or1 thei failure of his/her/its subcontractors (ifa any) to comply will constitute al breach of contract and may cause the contract with with Edgecombe County. subject tot the provisions of Article 2, Chapter 64, N.C. General Statutes. working int the State of North Carolina. Edgecombe County to be declared void by operation ofl law. This the: 10-11-2023 Name of Contractor: Cott Systems, Inc. erDaborakuh Ball Title: CEO 2800 Corporate Exchange Dr., Suite 300, Columbus, Ohio 432311 www.otbystens.com, (800)234-2688 Page 15 cott systems Reçords for Online Index Books I Edgecombe County, North Carolina ORDER SUMMARY 1. Records for Online Index Books. 2. Total Record' Volumes. (86) Bound. (42) Loose leaf. 3. Record Source. Deed Books, 00,0,C-E,1-123. Bound, On-site scanning in Edgecombe County by Cott Systems. Loose leaf. On-site: scanning in Edgecombe County by Cott Systems. 4. GB of Images (Storage Factor). This project will yielda approximately 30 GB worth ofi images. 6. implementation. Project management and service installation are included. 5. Deployment. Hosted deployment. 2800 Corporate Exchange Dr., Suite 300, Columbus, Ohio 432311 www.cottiyslemscom, (800) 234-2688 Page 16 cott systems Records for Online Index Books I Edgecombe County, North Carolina Fees I Initial Support/Service Term 60 months $75,500 and $50/mo. Invoice upon receipt of signed contract Invoice upon Go-Live Date (training) $37,750 $37,750' $50/month? Schedule of Payments Invoice on 7/1/2024 1Cott willi issue invoice on 7/1/2024. 2Int the event thei image source requires broader scanner settings to ensure the resulting images are of adequate quality, al higher monthly fee may apply. TERM: current Online Index Books term effective through11/30/2024. PLEASE NOTE: The pricing int this offeri is valid through 12/12/2023. After this date, this offer willl be priced at the current rate. XCustomer Acknowledgement: Date: Customer to provide the following: Access to Hardcopy Books Broadband High-Speed Access Work & Search Stations Use one of thei following supported browsers: Microsoft Edge Google Chrome Mozilla Firefox 2800 Corporate Exchange Dr Suite 300, Columbus, Ohio 43231 www. cottsystems.com (800)234-2688 Page 17 EDGECOMBE WATER AND SEWER DEPARTMENT CONSTRUCTION AND MAINTENANCE REPORT District1 Everything has been running according to standards. Staff1 has been performing routine maintenance on the system, flushing and installing new taps. Bulluck School Tank has overflowed twice due to SCADA issues with communication. District 2 Everything has been running according to standards. Staffhavel been performing routine maintenance on the system, flushing and installing new taps. A hydrant was found to be leaking after being hit by mower. District3 Everything has been running according to standards. Staff has been performing routine maintenance on the system, flushing and installing new taps. District 4 Staffhas been performing routine maintenance on the system, flushing and installing new taps. Speed Tank overflowed due to SCADA communication issues. District5 Everything has been running according to standards. Staff! has been performing routine maintenance on the system, flushing and installing new taps. A 2" meter gasket had blown out causing a leak that started over a weekend and was fixed on a' Tuesday when the farmer foundi it. District 6 - Princeville Everything is running according to standards. Staffi is performing routine maintenance on the: system. Sewer Rehab Project to start October gth EDGECOMBE WATER AND SEWER MONTHLY UPDATE MONTH OCT YEAR 2024 October 2023 Information Total estimated population: 23,323 Total current customer base: 7,639 WATER 1632 1482 798 358 1012 592 5,874 SEWER 6 90 0 91 242 560 989 D-1 D-2 D-3 D-4 D-5 D-6 TOTAL Estimated population served: 15,684 Total estimated potential customer base: 7,639 Total water purchased: Total sewer purchased: Total cost of water purchased: Total cost of sewer purchased: Total cost of water and sewer: Total water gallons billed: Total sewer gallons billed: 31,485,872 gallons 5,373,064 gallons $119,810.43 $3 36,872.66 $156,683.09 22,389,770 gallons 3,662,880 gallons Total dollar amount billed - Water: $ 346,583.90 Total dollar amount billed - Sewer: $ 66,214.58 Total dollar amount billed $ 412,708.48 %55071a1em Edgecombe County Financial Summary Report Fiscal Year 2024 (As of November 30, 2023) GENERAL REVISED BUDGET 33,755,000 $ 8,055,427 9,900,000 164,000 2,884,692 7,228,975 6,123,179 11,824,630 1,030,034 $7 72,910,510 $ 17,914,924 REVISED BUDGET 10,700,168 $ 4,097,605 21,003,359 60,357 2,004,301 19,278,503 749,297 15,095,235 4,446,511 7,813,160 81,150,891 27,969,173 REVENUES Ad Valorem Taxes Sales Taxes Other Taxes intergovemmental Sales, Services and Fees Health Revenues DSS Revenues Other Revenues Total Revenues EXPENDITURES General Govemment Public Safety Transportation Economic Development Human Services Cultural & Recreational Education Debt Service Transfers Total Expenditures YTD ACTUAL COLLECTED 1,872,811 62,017 475,247 3,859,216 1,458,172 1,776,994 355,040 YTD ACTUAL 9,396,488 36,429 531,392 6,624,333 344,214 5,713,986 1,006,980 217,747 Y-T-D% 23.86% 18.92% 37.82% 16.47% 53.39% 23.81% 15.03% 34.47% 24.57% Y-T-D% EXPENDED ENCUMBERED 38.29% $ 1,403,906 44.74% 60.36% 26.51% 34.36% 45.94% 37.85% 22.65% 2.79% 34.47% $ 14,253,501 YTD 1,669,977 23,929 740,573 1,767,974 315,893 8,331,249 Fund Balance popnaowulizations (8.240.381) $ (10.054.249) Preliminary report subject tot finala accounting close adjustments. Edgecombe County Financial Summary Réport Fiscal Year 2024 (As of November 30, 2023) WATER/SEWER Funds 61-68 REVENUES Water & Sewer Revenue Fund Balance Appropriated EXPENDITURES Water Operations Water Purchases Debt Service SOLIDWASTE Fund 60 REVENUES Fees & ntergovemmental Revenues Transfer From General Fund EXPENDITURES Tipping Fees Paid All Other Expenditures REVISED BUDGET YTD ACTUAL COLLECTED Y-T-D% 34.00% $ 0.00% 34.00% Y-T-D% 26.92% $ 41.87% 18.67% 27.94% $ 1,127,069 6,923,404 $ 2,353,741 6,923,404 $ 2,353,741 REVISED BUDGET 3,842,076 $ 1,034,221 1,400,000 1,681,328 6,923,404 $ 1,934,428 YTD 586,232 313,975 YTD 713,301 413,768 ACTUAL EXPENDED ENCUMBERED REVISED BUDGET $ 2,944,500 $ 775,742 692,718 3,637,218 $ 775,742 REVISED BUDGET 1,260,000 $ 469,111 2,377,218 3,637,218 $ 1,082,180 YTD ACTUAL EXPENDED Y-T-D% 26.35% 0.00% 21.33% Y-T-D% 37.23% $ 25.79% 29.75% $ YTD 613,069 YTD 430,889 415,996 846,885 ACTUAL EXPENDED ENCUMBERED Preliminary reports subjectt to finala accounting close adjustments. S s S s S 5 5 LR S S S 95 68 de S S S S 3 S S S a - ef EDGECOMBE COUNTY IS... GETTING OFFTHEI LISTS! FRIDAYI/24/2023 MONTHLY UPDATE COTL NEWS We welcome Dr. Andrew Bryan, the new Superintendent of Edgecombe County Schools. Dr. Bryan is excited to be a part of 110 people have committed to serving on a taskforce to help us GOTL. There's still time ifyou haven't. Clickhere Though EC still has one oft the highest unemployment rates in the state, we're closing the gap. In Oct. '22, the UR in EC was 3.7 percentage pts. higher than the state. In Oct. '23 we' 're only1.8 percentage pts higher. That's reason to celebrate! EDGECO PUBL aa NTY EdgecombéCouny GOTL! Dr. Andrew Bryan, ECPS Superintendent speaking toF parents &t re.t the upcoming county! liner merger. WE WELCOME TRACY PUDDY TO THE GOTL TEAM! One oft the critical lists we'r 're going to get off ist the list of one of the highest unemployment rates in the state. To do that, we must help our unemployed citizens get connected to a good job or to the training they need to get that good job. So we created a new position called the Career Navigator, and Tracy Puddy is our very first. Tracy has years of experience in the workforce network assisting. job seekers. We're very excited to have her on our team. More to come! WE NEED TO KNOWI MORE ABOUT THE GOOD WORK THAT'S BEING DONE! Al key strategy of GOTL is toi identify the efforts that are currently underway in our four focus areas (Youth/Families: Health Equity: Education/ Workforce Development and Affordable Housing)and then build support structures under and around them to helpi increase their positive outputs. Tol best do that, we need to know as much as we can about these existing Ifyou're with a public service organization addressing challenges in one of thef fourf focus areasi in Edgecombe County please complete thiss short survey! Witht this survey, wei aim to gain a better understanding ofy your organization, the work) you do, and howy we can collaborate tol help efforts. Edgecombe County" "Get Off1 The Lists"! EDGECOMBE COUNTYIS GETTINGI OFF A * * THE * * LISTS! Thatincludes reducing our high unemployment: rate by assisting our residents with getting a good job or getting the training they needi to geta goodj job. Edgecombe County's Career Navigator is here to assist unemplbyedEdgecombe County residents tonavigate employment opportunities and/or upskill for better jobs by offering... Career Assessments Community Resources Training Opportunities Job SearchAssistance EdgecombeCounty NORTH CAROLINA Contact Tracy Puddy, Career Navigator (252)907-2568 tracypuddy@edgecombeco.com FORI MOREINFORMATION ONOUREFFORTSTO GOTL, VISIT... www.edgecombecountync.gov Ebgecombe CCountp County. Administration Building 201 St. Andrew St., PO: Box 10 Tarboro, NC27886 252-641-7834: Fax 252-641-0456 gromecasomcenw Eric Evans County Manager scmm@rdgomhwcocom Bigecmmbecounty To: FROM: DATE: SUBJECT: BOARD OF COMMISSIONERS ERIC EVANS, COUNTY MANAGER DECEMBER1 1, 2023 MAJOR EVENTS ANDI IMPORTANT/MEETINGS To give the Board insight into some of the things I have the privilege of doing or participating in, I'm sharing my major events and important meetings over the last month. Thisi is not a complete list of my meetings during the month. Nov. 2nd Nov. 6th Nov.7th Nov. gth Nov. 8th Nov. &th Nov.gth Nov.14th Nov. 15th Nov. 15th Nov. 16th Nov. 20th Nov.2 20th Nov.22nd Nov.28th Nov.2gth Nov.30th Conducted firstround of interviews fori the Parks and Recreation Director. Bi-weekly meeting with: state lobbyist. Weekly meeting with Compensation Plan Committee. Monthly Department Head Meeting. Monthly Executive Team meeting. Coastal Plains Tax Association meeting. Appreciation luncheon for staff members who are veterans. Presented on our Getting Off the Lists initiative at the Twin Co. Partnership for Healthier Communities quarterly meeting at UNC Nash Hospital. Meeting with prospect for Kingsboro Industrial Park. Carolinas Gateway Partnership Board of Directors meeting. Spoke toj juniors and seniors at Edgecombe Early College on career opportunities inl local government. Meeting on future school funding considerations. Called Commissioners Meeting. Nov.20th sdays start-up and planning meeting with our new Career Navigator. Participated in serving Thanksgiving lunch to the Boys & Girls club students Met with regional representative of the NC Association of County Met with community engagement representative with Blue Cross-Blue Shield at Stocks Elementary. Commissioners. of NC. Nov.29th County Line Merger Community Meeting at Parker Middle School. Meeting with prospect for Kingsboro Industrial Park. Cipecembe eaniyia asieplace amahaefAeuseae adereetess sppert eu agplaurpnsdte Lne, Meethandp La Fpmadawidka 0 2 2 Memorandum To: From: Date: Re: TDA Board 10/12/2023 Finance Report Lisa Warren, Accounting Specialist Edgecombecnty Int fiscal year-to-date 2024, Edgecombe County has collected a total amount of $46,086.85 in Occupancy Taxi for the TDA. The September collections totaling $21,782.84 will be deposited to the TDAI bank account at PNC Bank during the week ending October 13th. Total Expenditures for fiscal ranAtoesyene, 30, 2023 equal Asof September 30, 2023, the bank statement for the TDA- PNCI Bank Account $10,862.34. balance was $300,480.37. Irecommend the TDA vote to approve the Finance report as presented. Please feel free to contact me with any questions or concerns by email at SamneRisomisas or phone at (252)641-4742 (office). Tourism Office Budget FY: 24- Revised Line Item Budget YTD REVENUES 6% Edgecombe County Occupancy Tax Grant Awards Miscellaneous Revenue Fund Balance Appropriatied Other TOTAL REVENUES EXPENSES HUMAN RESOURCES Payroll FICA-.765% Retirement 6% Group Insurance 401K Contribution 1% Contract Services Social Media Marketing $ Contract with Chamber Performance Bonus- Executive Director Performance Bonus- Social Media TOTAL HUMAN RESOURCES OPERATIONS Office Supplies Equipment Travel (Mileage) and Lodging Board Meeting Expenses Telephone Postage Utilities Dues and Subscriptions Data Processing Web Hosting Rental Equipment Misc. Expense Banking Fees Other Contract Services Legal Expenses Audit Total Operations Marketing Printing - Marketing Materials Advertising/Grant, Awards Contract Services Web Design Contract Services Brochure Design Contract Services - Logo Design Hotels Social Media Ads Sponsorship WITN RMEC Total Marketing Asset Development Land Purchase Other Funds Remaning 84,003.74 114,300.00 198,303.74 Avaliable Funds 115,000.00 $ 30,996.26 $ 114,300.00 S $ 229,300.00 $ 30,996.26 YTD 13,100.00 $ 3,249.00 22,200.00 $ 3,000.00 3,000.00 1,000.00 $ 4,500.00 1,000.00 $ 1,000.00 $ 2,750.00 2,200.00 3,350.00 $ 200.00 $ 2,500.00 18,500.00 $ 42,000.00 $ 20,000.00 $ 2,500.00 $ $ 3,700.00 $ $ $ 173.37 $ $ $ 149.41 $ $ 36.80 $ $ $ 79.97 $ $ 73.79 $ $ 513.34 $ 15,833.40 2,500.00 900.00 $ $ 9,851.00 18,500.00 3,000.00 3,000.00 1,173.37 4,500.00 850.59 963.20 2,750.00 2,200.00 3,270.03 126.21 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 41,300.00 $ 6,949.00 $ 34,351.00 41,100.00 17,500.00 $ $ 7,500.00 $ 1,000.00 2,000.00 $ 10,000.00 $ 5,000.00 $ 84,100.00 $ $ 7,500.00 1,000.00 2,000.00 10,000.00 5,000.00 $ 87,500.00 $ 3,400.00 Total Assest Development Town of Tarboro 2023 Allocation Rolled forward $ Town ofl Tarboro Reserve for Grant Match TOTAL HUMAN RESOURCES TOTAL OPERATIONS TOTAL MARKETING TOTAL ASSEST DEVELOPMENT TARBORO ALLOCATION TOTAL EXPENDITURES Net Gain or Loss Fund Balance Remaining 32,000.00 $ 50,000.00 $ $ YTD 513.34 $ 3,400.00 $ 41,858.60 Avaliable Funds 34,351.00 17,986.66 84,100.00 $ 82,000.00 $ 218,437.66 41,300.00 $ 6,949.00 $ 18,500.00 $ 87,500.00 $ 82,000.00 $ 229,300.00 $ 10,862.34 YTD: OCCUPANCY1 TAXI RECEIVED: JULY1 1, 2023- JUNE 30, 2024 (FY2024) DESCRIPTION ROOMOCCUPANCTAY ROOMG OCCUPANCYTAX ROOMO OCCUPANCYTAX ROOM OCCUPANCYTAX ROOMO OCCUPANCYT TAX ROOMO OCCUPANCYTAX ROOMOCCUPANCYTA ROOM OCCUPANCYI TAX COM OCCUPANCYI TAX OOM OCCUPANCY TAX OCCUPANCY TAX VEAR PER EFF DATE AMOUNT VDR NAME/ITEM 2024 2024 20241 2024 2024 2024 2024 2024 2024 2024 2020 07/25/2023 07/25/2023 07/19/2023 07/17/2023 07/17/2023 07/17/2023 07/17/2023 08/23/2023 02/23/2023 05/23/2023 0/18/2023 w701 012073 Pa 03402077 na1902 0904/207 09,0179033 DESC INC HOTELSL LCE BESTWESTERN COMMENTS OCCUPANCYTAY OCCUPANCYTAX OCCUPANCYTAX OCCUPANCYTAX OCCUPANCYTAX OCCUPANCY TAX OCCUPANCY TAX OCCUPANCTT TAX OSCUPANCYTAY YTRS UNGT 1,117.99 MAIL-OMNIVILC 543.84/MAIL- VERTEXI INC 4,61198MAIL SHREE KRISHNAT 5,124.38MAI KOVAS 62.41MAIL AVALARA CLIENT TRUSTHOMEAWAYCOM OCCUPANCYTAX 591MAIL- AVALARA 2,624.0BMAIL AVALARA CUENT TRUSTEAIRBNE INC IABO2BMA DMNVL LIC EUDGETI IMN 26MAL AVALARA CUENT 175516 MAIE AVALARACLENT TRUST, AIRSNE INC 598534 MAIL- SHREE ORSHNAT INCO OBA COMFORT INN CLIENTT TRUSTHOPPERUSA) OCCUPANCYTAX TRUST HOPPERUSA 600 3500 $15,090.59 -$9,213.42 21,7928 Reimbursed and credited to FY 2023 Tok be deposited9/15/2023 Tol be deposited 10/13/2023 Should equal VIDG Occupancy Taxi Received (CELL:E72) DocuSign Envelope ID: 78C8E28E4D12A389FAIDCMIAB3 Corporate Office: 5141 East Main Street Post Office Box 369 Beulaville, N.C. 28518 Sarah N. Stroud, CEO EASTPOINTE Provider Service Line: 888-977-2160 Member and Recipient Service Line: 800-913-6109 2417 Behavioral Health Crisis Line: 866-218-1328 November 9, 2023 County of1 Edgecombe Mr. Eric Evans County Manager Tarboro, NC 27886 Dear Mr. Evans, 201 St. Andrew Street, Rm 402; PO: Box 10 Congratulations! Edgecombe County's Community Paramedic Program proposal has been chosen to participate in Eastpointe's County Initiative for the Impact of Opioid Use and/or Whole Person The amount of $60,000 will be awarded fori this FY24 initiative. We are excited for our expanded partnership in serving Edgecombe' s residents. Eastpointe's Contracts Department will: reach out to Integrated care. with the next steps for this process. ncrcomcaspointene: Sinçerely, Sighédby: you Ifyoul have any questions about this award, please contact me at 252-520-8866 or Movipu Croom 11/9/2023 Monique FOOID718EM4OF Croom MS, NCI Network Project & Provider System Maintenance Manager cc: Victoria Jackson, Chief, External Operations Tarmeldria Lane, Contracts Administrator Catherine Dalton, Chiefof Business Operations Sarah Stroud, Chief] Executive Officer Mark Lloyd, Assistant Director of Network Operations Dalton Barrett, Community Paramedic Terrell Alston, Senior Director ofProvider Contracting & Community Affairs DocuSignedby: bibu 0E4918E8AB8644B.. 11/13/2023 Ify you are deaf or hard of hearing, dial 711 forl NCI Relay or 1-888-819-5112 An Equal Opportunly/Afimative Action Employer www.eastpointe.net Memoranaum To: From: Date: Re: Board of Commissioners Eric Evans, County Managertk CAR EdgecombeCounty 12/1/23 Agreement with NC-DIT and Brightspeed As you are aware, Brightspeed has been awarded $4,000,000 from the NC Department of Information Technology through the Great Grant program to expand broadband access in the County. NC-DIT is now ready to move forward with the project, and SO an agreement between the three parties is presented for your consideration. You'll recall that we pledged $50,000 of County funds for the project. This will be given at the end of construction once we have verified it has been completed per their grant proposal. recommend that you approve the agreement as presented. OFFICE OF THE COUNTY 1 MANAGER NORTHCAROLINA DEPARTMENT OF TECHNOLOGY Roy Cooper Governor James A. Weaver NCDITI INFORMATION Secretary and State Chief Information Officer November 15, 2023 Pamela Sherwood Connect Holding II, LLC dba Brightspeed 1120 South Tryon Street, Suite 700 Charlotte, NC 28203 Eric Evans, County Manager Edgecombe County Post Office Box 10 Tarboro, NC27886 Re: Grant Agreement for. Application # 1000013975 (Grant Agreement #2000069466) Your Signature and Reply is Requested Project Title: Edgecombe Unique Entity Identifier in SAM.gov: WYXBY1U3ML3 Dear Ms. Sherwood: Thank you again for your participation in the GREAT American Rescue Plan Act Round and congratulations on your award. Attached for your review and signature is the contract document required to establish the agreement for the GREAT award with the North Carolina Department of Information Technology. NCDIT funding will be provided on ai reimbursement basis. NCDIT's portion ofthis project is funded with a federal award from the U.S. Department ofthe Treasury to the State ofNorth Carolina dated March 3, 2021 (Assistance Listing Number 21.027, Coronavirus Below is a description of the documents enclosed along with an explanation of the signatures required for each document. The authorized representative from your company and county should State and Local Fiscal Recovery Funds). execute this agreement via AdobeSign no later than November 27, 2023. Document: Document Description: Signed By: Authorized Representative for the Grantee Required No Signature Required Contract: Outlines the terms oft the Agreement between NCDIT and the Grantee. 200.332 and 09 NCAC 03M. Scope of Services: Outlines the scope of the construction project, including the Project Budget Agreement Exhibit A Exhibit B NCDIT and County disclosures required by 20 C.F.R. No Signature STATE OFI NORTH CAROLINA COUNTY OF WAKE Agreement #2000069466 Growing Rural Economies with Access to' Technology Agreement NCDIT Broadband Infrastructure Office Program Project Milestones: Outlines the schedule and contents of reports that are due from the Grantee to Reporting Schedule for Progress Reports Progress Report Template: Provides a template document for the Grantee to submit progress reports, tor request reimbursements from NCDIT. Byrd Anti-Lobbying Certification Key Personnel oft the Grantee Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit] I: Exhibit. J: (Financial) Exhibit K: (Infrastructure) No Signature Required No Signature Required No Signature Required Required Authorized Representative for the Grantee No Signature Required Required Signed by Authorized Representative for County and Grantee Signed by Representative for County and Grantee NCDIT. including spending to date Payment Process: Outlines the process for the Grantee No Signature Data file (cvs) and map that identifies eligible locations No Signature Mapping Files for the grant project. County Match Process for payment of County matching funds County Match Description of County's contribution ofi infrastructure Authorized Ifyoul have any questions regarding the enclosed documents, please contact me at (919)909-9063 org greatgrant@nc.gov. Sincerely, GeeT.Olin George T. Collier, Deputy Director Broadband Infrastructure Office NC Department ofInformation Technology Enclosures ii STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement #2 2000069466 Growing Rural Economies with. Access to Technology Agreement NCDIT Broadband Infrastructure Office Program Table of Contents Article 1. Overview. Section 1.1. Parties. Section 1.2 Roles Section 1.3 Purpose.. Section 1.4 Source of Funding. Section 1.5 Compliance. Section 1.6 Disclosures. Section 1.7 Term of Agreement. Section 1.8 Construction Period Section 1.9 Maintenance Period Article 2. Scope of Funded. Activities. Section 2.1 Scope of Project. a. Reliance by NCDIT b. GREAT Program Guidelines. a. GREAT Award b. Total Funding. Eligible Expenditures. d. Expenditure Reimbursement. Materials Reimbursement Non-Eligible Expenditures.. Section 2.3 County Partnership. a. Financial Match b. Infrastructure Contribution Section 2.4 Grantee Duties a. Broadband Access and Speeds. b. Records d. Reporting Requirements e. Funding a. Material Changes b. Project Changes Reduction in Scope. d. Changes that Affect Performance Extensions ofTime. - Budget Changes Cost Overrun or Underrun 2 2 2 2 2 .2 2 2 3 3 .3 .3 .3 .3 4 Section 2.2 NCDIT Funding and Administrative Expenses Project Milestones and Progress Reports.. Section 2.5 Material Changes and Project Changes 10 10 .10 .10 10 iii STATE OFI NORTH CAROLINA COUNTY OF WAKE Agreement #2 2000069466 Growing Rural Economies with Access to' Technology Agreement NCDIT Broadband: Infrastructure Office Program Article 3. Compensation 10 10 10 11 11 11 12 12 12 .12 .12 .13 13 13 .13 14 14 14 14 .15 15 .15 15 .15 .15 .15 .16 .16 16 ..17 17 .17 .17 .17 ..18 .18 18 18 19 Section 3.1 Payment of Funds by NCDIT. Section 3.2 County Contribution. Section 3.3. Availability of Funds Section 3.4 Repayment Requirements and Remedies. a. Repayment or Clawbacks b. Non-Exclusive Remedy C. Improper or Ineligible Payments Article 4. Financial Accountability and Grant Administration. Section 4.1 Financial Management. Section 4.2 Limitations on Expenditures. Section 4.3 Financial and Other Reports Section 4.4 Cost Principles. Section 4.5 Audits. Section 4.6 Closeout. Section 4.7 Recovery of Award Funding. Article 5. Cooperation in Monitoring and Evaluation Section 5.1 NCDIT's Responsibilities. a. Project Monitoring. b. Risk. Assessment Compliance Audits.. Section 5.2 Grantee's] Responsibilities a. Compliance with 091 N.C.A.C. 03M b. Use of Funds - Cooperation in Monitoring d. Reporting Compliance. a. Required Reporting. b. Filing of] Reports. C. Copies Acceptable d. Other Reports. Section 5.41 Interventions Section 5.5 Access to Persons and Records. Section 5.6 Personnel. Section 6.1 General Compliance.. Section 6.2 Expenditure Authority Section 6.4 Property. Section 5.3N.C. Administrative Code Reporting and Audit Requirements Article 6. Compliance with Agreement and Applicable Laws. Section 6.3 Federal Grant Administration Requirements. iv STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement #: 2000069466 Growing Rurall Economies with Access to' Technology Agreement NCDIT Broadband Infrastructure Office Program Section 6.5 Universal Identifier and System for Award Management (SAM). Section 6.6 Federal Funding Accountability and' Transparency Act of2 2006.. Section 6.7 Licenses, Certification, Permits, Accreditation Section 6.91 Federal Water Pollution Control Act. Section 6.10 Debarment and Suspension. a, Non-Exclusion Certification. Remedies for Non-Compliance. d. Subcontractor Certification. Section 6.11 Byrd Anti-Lobbying Amendment. a. Prevailing Wages Certification. b. Project Labor Certification Local Hire Prioritization d. Community Benefit Agreement. Section 6.13 Copeland Anti-Kickback Act.. 19 19 19 19 .19 20 .20 .20 .20 .20 .21 .21 .21 22 .22 .22 .22 .23 .23 23 .23 .23 .24 .24 .24 .24 .24 .24 .25 .25 25 .25 26 .26 .26 26 Section 6.8 Clean Air Act. b. Compliance with 2 C.F.R. Part 180, Subpart C and 31 C.F.R. Part 19. Section 6.12 Wages and Labor Standards for Projects over $10 Million. Section 6.14 Contract Work Hours and Safety Standards Act. Section 6.15 Prohibition on Contracting for Covered Telecommunications Equipment or Section 6.16. Program Fraud and False or Fraudulent Statements or Related Acts. Services. Section 6.17 Protections for Whistleblowers. Section 6.18 Equal Opportunity & Other Requirements. a. Assurances of Compliance with Title VIofthe Civil Rights Act of 1964.. .. ..24 b. Disability Protections. C. Age Discrimination d. Americans with Disabilities. e. Fair Housing Laws. Section 6.19 Affordable Connectivity Program.. Section 6.201 Use ofName. Businesses. Section 6.21 Solicitation of Small Businesses and Historically Underutilized Section 6.22 Conflicts ofl Interest; Gifts and Favors. a. Disclosure of] Potential Conflicts. b. Conflict Certification Value Certification. d. Conflict ofInterest Policy. Section 6.23 Miscellaneous Provisions and Conditions a. Increasing Seat Belt Use in the United States.. V STATE OFI NORTH CAROLINA COUNTY OF WAKE Agreement #2 2000069466 Growing Rural Economies with Access to' Technology Agreement NCDIT Broadband Infrastructure Office Program b. Reducing Text Messaging While Driving e. Federal Seals, Logos, and Flags.. Section 7.1 Termination by Grantors for Default. Section 7.2 Immediate Termination by Grantors. Section 7.3 Termination by Mutual Consent. Section 7.4 Termination Procedures Section 7.5 Sanctions for Noncompliance a. Grantee Noncompliance. b. Misuse of] Funds. C. Notice Period 26 26 .26 .26 .27 .27 .27 .27 .27 .27 .28 28 .28 28 .28 .28 28 29 30 .30 .30 .31 .32 .32 .32 32 .33 .33 .33 .33 .33 .33 .34 .34 .34 .35 .35 Energy Efficiency d. Publications. Article 7. Termination and Remedies. Section 7.6 Termination due to Unavailability of Funds. Section 8.1 Representations and Warranties. Article 8. General Conditions a. The Parties' Representations and Warranties b. Grantee's Representations and Warranties a. Small Purchases Requirements. Section 8.2 Indemnification, Section 8.3 Insurance. b. Requirements for Contracts Between Small Purchases and $1,000,000.00 ....30 C. Requirements for Contracts in Excess of$1,000,000.00. Section 8.4 Cessation, Bankruptcy, Dissolution, or Insolvency. b. Notice of Cessation, Bankruptcy, Dissolution, or Insolvency. a. Merger, Consolidation, or Sale. Remedies on Failure to Provide Notice Section 8.5 Binding Effect.. Section 8.6 Entire Agreement. Section 8.7Titles and Headings.. Section 8.8 Severability Section 8.9 Independent Status ofthe State, the County, the Grantee, and Any Third Parties a. Independent Entities.. Section 8.10: Non-Assignability, Section 8.11 Subcontracting Section 8.13 Notices b. Grantees Responsibility for Expense and Insurance.. Section 8.121 No Waiver by the State or the County. vi STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement #2000069466 Growing Rural Economies with Access to' Technology Agreement NCDIT Broadband Infrastructure Office Program Section 8.141 Public Records Act Compliance and Confidentiality Section 8.16 Waiver of Objections to Timeliness of] Legal Action Section 8.18 Construction, Jurisdiction and Venue. .36 36 .36 .37 .37 37 .37 Section 8.151 Dispute Resolution. Section 8.171 Force Majeure. Section 8.19 Execution Section 8.20 Acceptance vii TATE OF NORTH CAROLINA COUNTY OF WAKE Agreement #2 2000069466 Growing Rural Economies with Access to' Technology Agreement NCDITI Broadband Infrastructure Office Program Article 1. Overview. Section 1.1. Parties. The North Carolina Department of Information Technology ("NCDIT"), an agency of the State of North Carolina ("State") and Edgecombe County (the "County") (NCDIT and the County are hereinafter collectively referred to as "Grantors") enter into this Growing Rural Economies with Access to Technology ("GREAT") Program Agreement ("Agreement" or "Contract") with the Connect Holding II, LLC, dba Brightspeed_(the "Grantee"). Together, Grantors and Grantee are hereinafter collectively referred to as the Section 1.2. Roles. For the purposes oft this Agreement, NCDIT is ai recipient and aj pass-through entity for the U.S. Department oft the Treasury, and the Grantee is a subrecipient, as defined by 2 C.F.R. 200.1. Ift the County is using federal funds for the project described herein, then pursuant to2C.F.R. 200.1i iti is also ai recipient and aj pass-through entity for the purposes ofthis Agreement, unless those funds are categorized as revenue replacement funds, in which case the County is a Section 1.3. Purpose. Thej purpose ofthis Agreement is to establish the terms and conditions for the use: funds that Grantorsl have awarded to the Grantee to carry out the State's GREAT Program. Grantors awarded this funding: (1) based on the application filed by the Grantee and any subsequent materials supporting the application; (2) based on GREAT Program guidelines and other requirements and guidelines; and (3) for the deployment of broadband infrastructure to provide the locations identified in this Agreement with at least 1001 megabits per second download and 1001 megabits per second upload speeds byl December 31, 2026, as described in the application Section 1.4. Source of Funding. The State received State Fiscal Recovery Funds ("SFRF") pursuant to Section 602 of the Social Security Act, as added by Section 9901 of the American Rescue Plan Act of 2021, Pub. L. No. 117-2, as amended ("ARPA"). Broadband infrastructure projects are an eligible use ofSFRF: funds (87 Fed. Reg., 4339J Jan. 27,2022), and NCDIT intends to pay for the cost ofthis Project using a portion oft the $350,000,000 in SFRF funds appropriated toNCDITI by thel North Carolina General Assembly for the GREAT grant program (Federal Award Identification Number SLFRP0129, Assistance Listing Number 21.027). In accordance with N.C. Gen. Stat., $ 143B-1373(g)01) (as amended by S.L. 2021-180, Section 38.4(a)(8)), the County will contribute matching funds for the cost ofthis Project in the form ofa a financial match using either ARPA funds or the County's unrestricted general funds, ori it will contribute existing infrastructure that has beeni installed fori its enterprise, non-consumer broadband purposes, or any other property, Section 1.5. Compliance. The Parties to this Agreement are subject to state and federal statutes, rules, and regulations applicable to this Agreement, including but not limited to: Section 602 of the Social Security. Act; thel Uniform Guidance ofthe Office ofl Management and Budget (2C C.F.R. "Parties" or each individually as a' "Party". recipient. (the Project"). buildings, or structures owned by the County. 1 STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement #2 2000069466 Growing Rural Economies with Access to' Technology Agreement NCDITBroadband Infrastructure Office Program Part 200); the SFRF and ARPA rules and regulations issued by the U.S. Department of the Treasury, (including the SFRF Final Rule at 871 Fed. Reg. 4338, Jan. 27,2022, to be codified at 31 C.F.R. Part 35); N.C.G.S. $143B-1373 and any relevant amendments, including but not limited to S.L. 2021-180, Section 38.4 and its subsequent amendments and technical changes (the "GREAT statutes"); the Uniform Administration of State Awards of Financial Assistance (09NCACO3M); and the award agreement between the State of North Carolina and the U.S. Department of the Treasury. Neither NCDIT nor the County shall make any distributions of funds absent the Grantee's agreement and adherence to each term and condition contained herein. To the extent that the North Carolina General Assembly, after the Effective Date of this Agreement, enacts legislation that retroactively impacts the Project, the Parties shall have the right to amend this Agreement in accordance with those laws. Grantee also agrees to abide by additional guidance from the U.S. Department of the Treasury regarding the applicability of certain provisions of 2.C.F.R. Part 200. Nothing in this Agreement waives, excuses, or amends requirements imposed Section 1.6. Disclosures. Federal regulations, specifically 2 C.F.R. 332 require Grantors to provide the Grantee with specific information about this award. All required information, along with state disclosures required by 091 N.C.A.C. 03M, is listed in Exhibit A, "NCDITI Disclosures". Section 1.7. Term of Agreement. The effective period of this Agreement shall commence on terminated on an earlier date by any oft the Parties in accordance with the terms ofthis Agreement Section 1.8. Construction Period. The Construction Period is the time from the execution of this Agreement to the time that service is available to locations identified in Exhibit B "Scope of Services" and shall not extend beyond two years, subject to the provisions of Section 2.4. Section 1.9. Maintenance Period. The Maintenance Period begins on the expiration date ofthe Construction Period and shall continue until the Termination Date. Broadband service at or above the minimum speeds must be continually made available to the locations specified in Exhibit B by State or Federal law for the administration of these funds. November 2023 ("Effective Date") and shall terminate on November 2028, unless (either one ofwhich dates shall constitute the Termination Date"). through the Maintenance Period until the Termination Date ofthis Agreement. Article 2. Scope of Funded Activities. Section 2.1. Scope of Project. The scope of the Project covered by this Agreement is set out in the Scope of Services, attached hereto as Exhibit B, which includes the project budget ("Project Budget"). The Grantee shall perform all services described in Exhibit B ("Covered Services"). a. Reliance by NCDIT. The Application filed by the Grantee and any subsequent materials submitted tol NCDIT: supporting the. Application, whichl have been relied upon by NCDITi in awarding this funding, are: incorporated by reference intot this Agreement. b. GREAT Program Guidelines. NCDIT policy related to the performance of this 2 STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement #2000069466 Growing Rural Economies with Access to Technology Agreement NCDITI Broadband Infrastructure Office Program Project is set outi in the GREAT Program guidelines, which may be amended, modified, or supplemented and applied accordingly to this Agreement by NCDIT in its sole bwimshandsonesassaemalgruste discretion. Guidelines and other documentation are available at VA1V22/great-grantgranemanasememidocuments-federal Section 2.2. NCDIT Funding and Administrative Expenses. a. GREAT Award. NCDIT awards to the Grantee an amount not to exceed $4,000,000.00 for infrastructure costs directly relating to the Project ("GREAT Award"). IfNCDIT determines that the actual costs of the Project are less than the Project budget amount, NCDIT, ini its discretion, may reduce the amount ofthe GREAT b. Total Funding. The total GREAT Award funding for the Project, including the sources oft the funds and the percentages ofe each source are set forth in] Exhibit B. C. Eligible Expenditures. Pursuant to N.C.G.S. S 143B-1373(b), eligible expenditures for the Project are limited to infrastructure costs as defined in N.C.G.S. $ 143B- 1373(a)(9), which are costs directly related to the construction of broadband infrastructure for the extension of broadband service for an eligible project, including Award funding accordingly. ("Eligible Expenditures"): 1. Installation; 3. Equipment; 4. Fiber; 5. Construction; 7. Testing costs; 8. Engineering costs; and 2. Acquiring or updating easements; 6.1 Backhaul infrastructure directed at broadband service to the end user; 9. Costs associated with securing al lease to locate or collocate infrastructure on public or private property or structures, but not including the actual monthly lease d. Expenditure Reimbursement. Eligible Expenditures incurred since the date of the award in anticipation of this Project may be reimbursed, subject to the Grantee's submission to NCDIT of documentation sufficient to support such request for Materials Reimbursement. Eligible Expenditures for materials incurred since March 3, 2021 in anticipation of this Project may be reimbursed, subject to the Grantee's submission to NCDIT of documentation sufficient to support such request for payment. reimbursement and NCDIT's approval ofs such request. 3 STATE OFI NORTH CAROLINA COUNTY OF WAKE Agreement #2 2000069466 Growing Rural Economies with Access to' Technology Agreement NCDITI Broadband Infrastructure Office Program reimbursement and NCDIT's approval of such request. Non-Eligible Expenditures. Without limitation and as determined by NCDIT in its sole discretion, the following expenditures are not eligible for GREAT Award funding and should not be submitted to NCDIT for reimbursement or credited by the Grantee 1. Middle mile, backhaul, and other similar projects not directed atl broadband service toward its Cash Match requirement under Section 2.4.e.1 below: fore end users; 2. Overhead expenses; 3. Administrative costs; 4. Lease payments; or 5. Expenditures related to areas where the Grantee has been designated to receive funds through other State or federally funded programs designed specifically for broadband deployment, if such funding is intended to result in construction of broadband in the area with eighteen (18) months or for the duration of the federal funding program for that area, or ift the Grantee is otherwise in good standing with the funding agency's regulations governing the funding program. Section 2.3. County Partnership. The County has the authority to provide a grant to the Grantee for the purpose of this Project pursuant to N.C.G.S. $ 153A-459. The County is also authorized to enter into a partnership the Grantee pursuant to N.C.G.S. 143B-1373012)0) and $143B- 1373(g)(1)(as amended by S.L. 2021-180, Section 38.4(a)(8)). The terms and conditions oft the County's partnership agreement with Provider are set out in this Agreement. The County contribution to the partnership shall bei in the form of either a financial match or an infrastructure contribution as described in this Section ("County Partnership"). By signing this Agreement, the County and the Grantee each certify that aj partnership exists between them for thej purpose oft the Project. a. Financial Match. The County will provide a matching financial contribution for the Project in an amount upi toi fifty percent ofthe amount contributed by the Grantee as set forth in Section 2.4.e.1 of this Agreement. Any county providing a financial match may use unrestricted general funds or federal ARPA funds allocated to it for the purpose of improving broadband infrastructure. If the County uses federal ARPA funds, it will comply with all relevant reporting requirements governing the use of ARPA funds. The County and the Grantee shall comply with the process and requirements set forth in ExhibitJ, "Process for Payment of County matching funds". b. Infrastructure Contribution. If the County provides a contribution in the form of infrastructure for the Project, it shall comply with the requirements set forth in Exhibit K, "Description of County's contribution of infrastructure". The Grantee shall be required to execute Exhibit K prior to the disbursement or use of any infrastructure. 4 STATE OFI NORTH CAROLINA COUNTY OF WAKE Agreement #2 2000069466 Growing Rurall Economies with Access to' Technology Agreement NCDITI Broadband Infrastructure Office Program 2.4. Grantee Duties. a. Broadband Access and Speeds. 1. The Grantee shall deploy infrastructure to the approved locations required by the Grant Agreement and, upon completion of construction, shall offer to those Locations the minimum download and upload speeds identified in the Grantee's application as the base speed multiplier. The base speed multiplier chosen by the Grantee is the minimum speed made available to all Locations in the grant project and must be scalable to 1001 Mbps symmetrical by December 31, 2026. 2. The Grantee shall provide to Grantors evidence consistent with the Federal Communications Commission attestation that the Grantee is providing access and making available the proposed speed, or a faster speed, to the targeted address points ("Locations"): as described inl Exhibit Bi to this Agreement. For thej purposes ofthis Agreement, broadband access is considered available if the Internet carrier can provide broadband service to a Location immediately or within ten (10) business days upon request and without cost to the customer other than standard 3. If applicable, the Grantee shall disclose to Grantors any changes to data caps for the Project that differ from the data caps listed in the Application. For thej purposes of this Agreement, "data caps" are the limits imposed by broadband service providers on the total amount of data a user can download or upload during a connection fees. specified period. b. Records. 1. The Grantee shall maintain full, accurate, and verifiable financial records, supporting documents and all other pertinent data for the Project in such a manner as to clearly identify and document the expenditure ofthe funds provided under this Agreement separate from accounts for other awards, monetary contributions, or 2. The Grantee shall retain all financial records, supporting documents, and all other pertinent records related to this Agreement and the Project for a period of five (5) years from the' Termination Date, but int the event such records are audited, all such records shall be retained beyond the five-year period until the audit is concluded other revenue sources for this Project. and any and all audit findings have been resolved. 5 STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement #2 2000069466 Growing Rurall Economies with. Access to' Technology Agreement NCDIT Broadband Infrastructure Office Program Project Milestones and Progress Reports. 1. Project Milestones are set forth in Exhibit C, "Project Milestones", to this Agreement. The Grantee must submit Project progress reports as required in Section 2.4.d. and inl Exhibit] D, Reporting Schedule forl Progress Reports, including any other requested documentation, demonstrating the achievement of the 2. Ifthe Grantee does not complete the milestone as agreed upon within the period of time described in this section, NCDIT may impose additional monitoring and reporting requirements or terminate this Agreement pursuant to the termination provisions set forth herein. Failure to complete a milestone and meet reporting requirements may constitute a: material breach ofthis. Agreement, and Grantors may exercise the authority under N.C.G.S. S 143B-1373, 2 C.F.R. $ 200.339, and this Agreement to seek termination of this Agreement and retrieval of funds expended. d. Reporting Requirements. NCDIT will perform monitoring of the Project, including on behalf of the County, as set forth in Section 5.1.a. NCDIT will require Project progress reports as set forth herein and in accordance with 2 C.F.R. $ 200.329, and will 1. The Grantee agrees to generate reports regarding the Project as described herein and as may be requested by the State (including, without limitation, NCDIT) or by ar relevant federal agency. The Grantee further grants the State (including any of its agencies, commissions or departments such as NCDIT, the North Carolina State Auditor and the North Carolina Office of State Budget and Management) and any relevant federal agency, and their authorized: representatives, at all reasonablei times and as often as necessary (including after the Termination Date), access to and the right to inspect, copy, monitor, and examine all of the books, papers, records, and other documents relating to this Agreement and the Project. In addition, the Grantee agrees to comply at any time, including after the Termination Date, with any requests by the State (including, without limitation, NCDIT) ori relevant federal agency for other financial and organizational materials needed to comply with their fiscal monitoring responsibilities or to evaluate the short- and long-range impact of 2. The Grantee shall furnish NCDIT detailed written progress reports using Exhibit E, "Progress Report Template" provided by NCDIT according to the time periods specified in Exhibit D or as otherwise requested by NCDIT. NCDIT shall conduct risk assessments oft the Grantee as set out in Section 5.1. For Projects determined tol be Low Risk or Medium Risk, progress reports will be required on a quarterly basis during the Construction Period. For Projects determined to be High Risk, progress reports willl bei required on ai monthly basis during the Construction Period. milestones set forth in Exhibit C. provide copies of all reports to the County within 10 business days. their programs. 6 STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement #: 2000069466 Growing Rural Economies with Access to Technology Agreement NCDIT Broadband Infrastructure Office Program Progress reports for projects at any risk level shall be required annually during the Maintenance Period. Progress reports should describe the progress made by the Grantee toward achieving the purpose(s) of the Project, including but not limited (a) A description of accomplishments achieved during the reporting period (b) A description of any problems or delays encountered during the reporting period, including an explanation for why established goals were: not met, if (c) Expenditures during the reporting period and any other financial information requested, including an analysis of cost overruns ifapplicable; (d) During the Maintenance Period, speed levels, data allowances, and pricing (e) During the Maintenance Period, confirmation of participation in the Affordable Connectivity Program ("ACP") or program that provides benefits to households commensurate with those provided under the. ACP; to: towards the relevant milestones; applicable; options for all services levels offered to end consumers; and (f) Any additional pertinent information. 3. Failure to submit ai required report by the scheduled submission date may result in the withholding of any forthcoming payment until NCDIT is in receipt of the delinquent report and the report meets with NCDIT's approval, in NCDIT's sole discretion. Failure to submit required reports, upon: request by NCDIT, may result in the Project being subject to the repayment provision in Section 3.4 and may 4. Within sixty (60) days after the Termination Date, the Grantee shall submit a final report using the format designated by NCDIT describing the activities and accomplishments of the Project. The final report shall include a review of performance and activities over the entire Project period. In the final report, the negatively impact the Grantee's eligibility for future funding. Grantee shall include the following: (a) A description of the Project and how it was implemented; (b) To what degree the established objectives were: met; (c) The difficulties encountered; households or businesses; (f) Total final cost ofthe Project; (g) Cost per location served; (d) The number of Locations served and whether those Locations are (e) Mapping data sufficient to identify all Locations served and infrastructure built; (h) Speed levels, data allowances, and pricing options for all service levels 7 STATE OFI NORTH CAROLINA COUNTY OF WAKE Agreement #2000069466 Growing Rural Economies with Access to' Technology Agreement NCDIT Broadband Infrastructure Office Program offered to end consumers; (i) Certification of participation in the Affordable Connectivity Program or other affordability program for low-income consumers within the service Evidence consistent with the Federal Communications Commission attestation that thej proposed minimum upstream and minimum downstream broadband speeds identified in the Application are available throughout the area; Project area to any end user connections; and (k) Any other information requested by NCDIT. e. Funding. 1. As a condition of receiving GREAT Award funds, the Grantee must contribute a cash match of$4,116,930.00, pursuant to N.C.G.S. $143B-13730), as amended by S.L. 2021-180, Section 38.4(13). Up to 50% oft the Cash Match may be comprised of third-party funding and other grant programs, to the extent applicable rules permit, including the County financial match as described in Section 2.3. Expenditures that NCDIT, in its sole discretion, determines are not eligible for funding may not be counted toward the Cash Match. All Cash Match funds shall be used for Eligible Expenditures pursuant to the Payment Schedule as specified in Exhibit F, Payment Schedule". At all times during the term of this Agreement, Grantee is required to deposit and maintain its portion of the Cash Match, minus any authorized expenditures for progress made on the Project, in a separate and distinct financial account that cannot be utilized for any other purposes, including other GREAT projects awarded to the Grantee. The Grantee must produce documentation verifying account and fund segregation within five(5)business days 2. Ifthe Grantee determines that the actual costs oft the Project are less than the Project budget amount, it shall report this determination to Grantors and shall return any 3. The Grantee hereby represents and warrants that all GREAT Award funds shall be utilized exclusively for thej purpose ofthel Project and consistent with all applicable laws, rules, regulations and requirements, and that the Grantee shall not make or 4. The Grantee shall not obligate GREAT Award Project funds subsequent to the ofrequest by NCDIT. surplus funds it has received. approve of any improper expenditure of funds. Termination Date of this Agreement. 8 STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement: #: 2000069466 Growing Rural Economies with Access to' Technology Agreement NCDITI Broadband Infrastructure Office Program Section 2.5. Material Changes and Project Changes. a. Material Changes. A material change is any material alteration in, change to, or reduction of the Project, including without limitation, a change in technology type, reduction in the number of Locations to be served by the Project, reduction in the Project area, change in total Project cost by 10% or more withdrawal of partnership agreements for which the Grantee qualified for partnership points, or the extension of the Construction Period ("Material Change"). An amendment to this Agreement is required for a Material Change, and such Material Change shall not take effect unless and until such amendment is executed pursuant to the terms of this Agreement. Prior toi implementing aj proposed Material Change, the Grantee shall submit the proposal to NCDIT: fori review and approval. Grantors must review and approve: in writing priort to the amendment taking effect. Amendments tot this Agreement: requested by the Grantee shall only take effect ifagreed to in writing by all Parties to this Agreement. b. Project Changes. A project change is any non-material alteration in, change to, or reduction ofthel Project, including without limitation, change in Key Personnel, project milestones, a change in total Project cost by less than 10%, or transfer costs between Project expense line items detailedi in Exhibit B and thel EBS ("Project Change"). For arequest to transfer costs between line items, all off following criteria must be met: (a) the Grantee provides justification to the satisfaction of NCDIT for the proposed revision; (b) thei requested revision adhered tot the eligible activities and cost limitations of this Agreement; (c) the GREAT Award funds, Project funding amount, match amount, and the total Project cost are not modified; and (d) the requested revision is 1. There shall be no Project Changes unless expressly approved by NCDIT. Prior to implementing aj proposed Project Change, the Grantee shall submit the proposal to NCDIT for review and approval and provide such detail and documentation necessary for NCDIT to evaluate the proposed project change. Any NCDIT- approved Project Change shall be made in writing by an authorized representative NCDIT: in its sole discretion may deny the requested! Project Change, in which case the following alternatives would apply: (1) the Project may be completed without changes; (2) the GREAT Award Project funding may be rescinded by NCDIT if the Project cannot be completed; (3) the GREAT Award funding to the current Grantee may bei rescinded by NCDIT and awarded to an alternate Grantee pursuant to the GREAT Statutes; or (4) the Grantee may withdraw from the Project and return any Project funds received to date, among other remedies as described Ifthe Grantee implements any Project Change without requesting the approval for less than 10% ofthe total Project cost. OfNCDIT. herein. 9 STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement #2 2000069466 Growing Rural Economies with. Access to' Technology Agreement NCDIT Broadband Infrastructure Office Program the Project Change in writing from NCDIT, it will be subject to the clawbacks and remedies seti forthi in Section 3.4, Article 7 (Termination and Remedies) and Section 8.4 of this Agreement, unless NCDIT (in its sole discretion) expressly waives this Reduction in Scope. In the event the Grantee requests to reduce the scope of the Project, including without limitation, a reduction of the number of locations and reduction in the eligible project area, NCDIT may cancel this Agreement pursuant to Article7 7(Termination and Remedies)ofthis. Agreement and N.C.G.S. $ 143B-1373(). d. Changes that Affect Performance. The Grantee shall immediately notify NCDIT of any change in conditions or local law, or any other event, which may significantly affect its ability to oversee, administer or perform this Agreement or the Project. In its sole discretion, NCDITmay deem such a change in conditions, local law, or other event Extensions of Time. Any requests for extensions of time may either be deemed a Material Change or a Project Change in the sole discretion ofNCDIT. Budget Changes. Ifal Project or Material Change.to the Grantee's budget has been requested, all Reimbursement Requests may be delayed pending the approval of the Project orl Material Change. Ifchanges toi the Grantee's! budget havel been made without the prior approval of NCDIT, no Reimbursement shall be made until the process Cost Overrun or Underrun. In the event of a cost overrun or an increase ini the total Project cost, the amount OfNCDIT's GREAT Award tc the Grantee shall not change. The Grantee shall bear sole responsibility for any and ali increased costs related to the Project. In the event ofa a change in the total Project Budget that is 10% or more ora cost underrun, the Grantee must notify NCDIT, in writing, and submit ai revised budget and narrative explaining the Project Budget change or reduction of costs. requirement of] Project Change review in writing. too constitute al Material Change or a Project Change. outlined in Section 2.5 has been completed. Article 3. Compensation. Section 3.1. Payment of Funds by NCDIT. NCDIT shall reimburse the Grantee for approved GREAT Award funds in accordance with the Payment Schedule attached hereto as. Exhibit F, after receipt of (a) written requests for payment from the Grantee utilizing NCDIT's request form and certification that the conditions for such payment under this Agreement have been met and that the Grantee is entitled to: receive the amount requested, and (b) any other documentation that may Section 3.2. County Contribution. Ifthe County is providing a financial match, the County shall provide the Grantee: matching funds for approved Eligible Expenditures in accordance withl Exhibit bei required by NCDIT. 10 STATE OFI NORTH CAROLINA COUNTY OF WAKE Agreement #2 2000069466 Growing Rural Economies with Access to' Technology Agreement NCDIT Broadband Infrastructure Office Program J, which shall be signed by the County and the Grantee. Ifthe County is providing infrastructure, the County shall provide it in accordance with Exhibit K, which shall be signed by the County and Section 3.3. Availability of Funds. The obligations of Grantors to pay any amounts under this Agreement to the Grantee are contingent upon: the availability and receipt of funds by Grantors, the continued appropriation of such funds for the purpose set forth in this Agreement, and the Grantee's continued eligibility to: receive such funds. Ifthe amount off funds that Grantors receive isi reduced or funds for the Project become unavailable, the Grantee agrees that Grantors have the right toi reduce the amount ofGREAT Award funds awarded to the Grantee under this Agreement or to terminate this Agreement pursuant to Section 7.6 of this Agreement. Grantors may deny payment for the Grantee's s Eligible Expenditures where invoices or other reports are not submitted by the deadlines specified in this Agreement or for failure of the Grantee to comply with the terms the Grantee. and conditions oft this Agreement. Section 3.4. Repayment Requirements and Remedies. a. Repayment or Clawbacks. The Grantee acknowledges that the GREAT Award funding by Grantors is predicated upon the deployment of broadband infrastructure during the Construction Period and: fulfilling the obligations ofthel Maintenance Period. The Grantee further agrees that during the Maintenance Period, ifi it fails to meet its obligations, then iti is responsible for1 the: following repayment or "clawback". payments: 1. Ifthe Grantee fails to make service available to the number ofLocations identified inl Exhibit B after the completion oft the Construction Period, then the Grantee shall repay to Grantors, as directed, an amount equal to the product of(i) $1,391.30 (the amount of funds divided by the number of Locations) and (ii) the number of Locations, minus the number of Locations actually created. If the County contributed a financial match, a pro rata amount per location not served shall be repaid to the County. Interest will be added in accordance with Section 3.4.a.3. 2. Additionally, int the event that the Grantee fails toi maintain its Locations as required under the Maintenance Period, it shall lose credit for any qualifying Locationi under this Agreement by the same number ofLocations that is short. For example, ifthe Grantee fails to maintain service by three (3) Locations, the number ofLocations shall be reduced by three (3). The amount the Grantee must repay shall then be 3. NCDIT shall notify the Grantee in writing of the amount to be repaid and direct the Grantee to repay such amount directly to NCDIT and/or the County according to each Grantors' contribution. All such amounts shall be due immediately upon demand by NCDIT. If not paid within thirty (30) days following demand, the unpaid amount due shall continue to bear interest at the rate set out by N.C.G.S. calculated in accordance with Section 3.4.a.1. 11 STATE OFI NORTH CAROLINA COUNTY OF WAKE Agreement # 2000069466 Growing Rural Economies with Access to' Technology Agreement NCDIT Broadband Infrastructure Officel Program $24-1 for the period beginning upon the demand until paid. Upon default in such payment, Grantors may employ an attorney to enforce its rights and remedies, and the Grantee hereby agrees to pay the legal costs and reasonable attorneys' fees of Grantors plus all other reasonable expenses incurred by Grantors in exercising any ofits rights and remedies upon such default. b. Non-Exclusive Remedy. The repayment requirements and remedies addressed in this Section are in addition to those repayment. requirements and other remedies set forth elsewhere in this Agreement, including the requirements to repay all funds received, and in 2 C.F.R. S 200.339. No remedy conferred or reserved by or to the State in this Agreement is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall bei in addition to every other remedy existing at law, in equity, or by statute, and any such right or power may be exercised from time to time and as often as may be deemed expedient. Improper or Ineligible Payments. Anyi item of expenditure by the Grantee under the terms ofthis Agreement which is found by auditors, investigators, and other authorized representatives: of NCDIT, the County, the US Department of the Treasury, the NC Department of State Treasurer, or other federal or state instrumentality to be improper, ineligible, in violation of federal or state law, or the terms of this Agreement, or involving any fraudulent, deceptive, or misleading representations or activities oft the Grantee, shall become the Grantee's liability, and shall be paid solely by the Grantee, immediately upon notification of such, from funds other than those provided by Grantors under this Agreement. This provision shall survive the expiration or termination oft this Agreement. Article 4. Fin: ancial Accountability and Grant Administration. Section 4.1. Financial Management. The Grantee shall adopt such financial management procedures as will permit the preparation of reports required by the Federal Funding Accountability and Transparency Act mEssIPbiNPADPLANA 109publ282.pdf) and the tracing ofi funds to al levelofexpenditures: adequate to establish that such funds have been used according to the relevant statutes, regulations, and terms and conditions herein. The Grantee's financial management procedures shall allow it to comply with the Section 4.2. Limitations on Expenditures. Grantors shall only reimburse the Grantee for documented expenditures incurred during the Agreement Term that are: (i) reasonable and necessary to carry out the scope of Covered Services described in Exhibit B; (ii) documented by contracts or other evidence ofl liability consistent with the established Parties' procedures; and (iri) incurred in accordance with all applicable requirements for the expenditure offunds payable under this Agreement. Grantors may not reimburse or otherwise compensate the Grantee for any requirements of2C.F.R. 200.302. 12 STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement: #2000069466 Growing Rural Economies with Access to' Technology Agreement NCDITI Broadband Infrastructure Office Program expenditures incurred or services provided prior to thel Effective Date except as provided in Section 2.2.eofthis Agreement ori following the earlier oft the expiration or termination oft this Agreement. Section 4.3. Financial and Other Reports. The Grantee shall maintain detailed, itemized documentation and other necessary records of all expenses incurred pursuant to this Agreement. The Grantee shall submit to Grantors such reports and back-up data as may be required by the federal government or Grantors, including such reports which enable NCDIT and the County, respectively, to submit their own reports to the U.S. Department of the Treasury, in accordance with the schedule set: forth in Exhibit F. This provision shall survive the expiration or termination ofthis Agreement with respect to any reports which the Grantee is required to submit to Grantors Section 4.4. Cost Principles. Pursuant to 09 N.C.A.C. 03M .0201, all expenditures by the Grantee of funds awarded under this Agreement shall be in accordance with the cost principles outlined in the Code of Federal Regulations, 2 CFR Part 200, Subpart E (2 C.F.R. $S 200.400- 200.476). Iti is the Grantee's responsibility to ensure adherence to the cost principles established Section 4.5. Audits. The Grantee certifies compliance with the provisions of 2 CFR 200.501- 200.521, if applicable, and continued compliance with these provisions during the Term of this Agreement. Pursuant to 09 N.C.A.C. 03M .0205, a Grantee that receives, holds, uses, or expends GREAT Award funds in an amount equal to or greater than five hundred thousand dollars ($500,000) within its fiscal year shall have a single or program-specitic audit prepared and completed in accordance with Generally Accepted Government Auditing Standards, also known as the Yellow Book. If the Grantee is not required to have a single audit as defined by 2 CFR 200.501, U.S. Department oft the Treasury requirements, or the Single Audit Act, or a single audit as defined by 09 N.C.A.C. 03M .0102, then the Grantee shall have a financial audit performed at least annually by an independent Certified Public Accountant. The Grantee shall provide notice ofthe completion of any required audits and will provide access to such audits and other financial information related to this Agreement upon request. The Grantee certifies that it will provide Grantors with notice of any adverse findings which impact this Agreement. This obligation extends for one (1) year beyond the expiration or termination of this Agreement. The costs of Section 4.6. Closeout. Grantors will close out this award when it determines that all applicable administrative actions and all required work has been completed by the Grantee. Grantors will implement close out processes in accordance with 2 CFR 200.344. The Grantee's obligations to Grantors under this Agreement shall not terminate until all closeout requirements are completed toi the satisfaction of Grantors. Such requirements shall include submitting final reports tol NCDIT pursuant to Section 2.4.d and providing any closeout-related information requested by NCDIT by the deadlines specified by NCDIT. This provision shall survive the expiration or termination of this Agreement. NCDIT shall provide all closeout documentation and reports to the County. following the expiration or termination ofthis Agreement. in the Code of] Federal Regulations, 2 CFR Part 200, Subpart E. audits shall not be allowable charges under this Agreement. 13 STATE OFI NORTH CAROLINA COUNTY OF WAKE Agreement # 2000069466 Growing Rural Economies with Access to Technology Agreement NCDITI Broadband Infrastructure Office Program Section 4.7. Recovery of Award Funding. In accordance with 09 N.C.A.C. 03M. .0802, NCDIT shall take appropriate administrative action to recover from the Grantee all GREAT Award funds disbursed in connection with this Agreement ini the event that the Grantee: (1)is unable to fulfill the obligations of this Agreement; (2) is unable to accomplish the purposes of the award; (3) is noncompliant with the reporting requirements set forthi in this Agreement andi in 09N.C.A.C.03M; or(4)has inappropriately used GREAT Award funds disbursed in connection with this Agreement. NCDIT must seek the assistance oft the Attorney General in the recovery and return of GREAT Award funds disbursed in connection with this Agreement if legal action is required. NCDIT is required to report to the Office of State Budget and Management, the Attorney General, and the State Bureau of Investigation any apparent violations of a criminal law or malfeasance, misfeasance, or nonfeasance in connection with the Grantee's use of GREAT Award funds The remedies set forth in this Section are in addition to the repayment requirements and other disbursed in connection with this Agreement. remedies set forth elsewhere in this Agreement. Section 5.1. NCDIT's Responsibilities. Article 5. Cooperation in Monitoring and Evaluation. a. Project Monitoring. NCDIT will have responsibility for the monitoring of this Project, both on behalf ofi itselfand the County, either directly or through contractors. NCDIT will monitor this Project in accordance with 2 C.F.R. $ 200.208 and 2 C.F.R. $ 200.332 and the provisions of 09 N.C.A.C. 03M .0401 to ensure that adequate progress is being made towards achieving the Project milestones described in Section 2.4.c, and that funds are expen ed(1)fore eligible uses only consistent with the purpose for which the funds were awarded, (2) according to the approved Project Budget, (3) in compliance with all relevant laws, regulatory requirements, cost principles, and provisions of this Agreement. NCDIT will also monitor whether the Grantee has met all reporting requirements of this Agreement and the Grantee's compliance with all terms of this Agreement. Monitoring will include, at NCDIT's discretion, progress reports, site visits, financial reviews, and audits. Should the County desire to participate in site visits, it should notify NCDIT and NCDIT will notify the County of any site visits to be performed as part ofi its monitoring of the Project. The frequency and type of monitoring will depend on the Grantee's risk level as determined by the risk assessment. NCDIT will provide allj progress reports, financial reports, audits, technical reports, and reports from site visits to the County within 10 business days of their completion, including supporting documentation. NCDIT will provide its monitoring protocol to the County upon request. NCDIT does not assume any responsibility for the County's local, state, or federal reporting requirements. 14 STATE OFI NORTH CAROLINA COUNTY OF WAKE Agreement # 2000069466 Growing Rural Economies with Access to' Technology Agreement NCDITI Broadband Infrastructure Office Program b. Risk Assessment. NCDIT shall conduct risk assessments in accordance with 2 C.F.R. $:200.332(b) to determine the appropriate monitoring needs of the Project. NCDIT may reassess this risk at any time during this Agreement in accordance with NCDIT's risk assessment process and federal regulations, including but not limited to 2C.F.R.S 200.332, 2 C.F.R. $ 200.206, and 2 C.F.R. $ 200.208. Upon completion of the initial risk assessment or any reassessment during the performance period, NCDIT shall determine, at its sole discretion, whether a Project is Low) Risk, Medium Risk, or High Risk and implement or change monitoring and reporting requirements accordingly. NCDIT will share the results of each risk assessment of the Grantee with the County within 10 business days of its completion, and, upon request by the County, any supporting documents related to the risk assessment. The County is not required to Compliance Audits. In connection with disbursing funds to the Grantee, NCDIT will be subject toj periodic audits by the Office of State Budget and Management, the Office of the State Auditor, or NCDIT's internal auditor to ensure compliance with the provisions of 09 N.C.A.C. 03M and may be required to provide documentation in connection with that audit. NCDIT shall develop a compliance supplement report that describes the standards of compliance and audit procedures to give direction to independent auditors, which NCDIT will provide to the State and Local Government Finance Division in the North Carolina Department of State Treasurer for inclusion in conduct a separate risk assessment of the Grantee or Project. the North Carolina State Compliance Supplement. Section 5.2. Grantee's Responsibilities. a. Compliance with 091 N.C.A.C. 03M. The Grantee acknowledges and agrees that as a condition ofreceiving the award pursuant to this Agreement, the Grantee will comply b. Use of Funds. In accordance with 09 N.C.A.C. 03M .0202, the Grantee will ensure that any funds received under this Agreement are utilized for their intended purpose and shall expend those funds in compliance with requirements established by 09 Cooperation in Monitoring. The Grantee hereby agrees to cooperate fully and in a timely fashion with NCDIT's monitoring of the Project and waives any objection to NCDIT's determination oft the Project's risk level or monitoring needs. d. Reporting Compliance. The Grantee further agrees that it will: (1) provide the information required by NCDIT for NCDIT to comply with the procedures for disbursement of funds; (2) maintain reports and accounting records that support the allowable expenditure of GREAT Award funds and make available all reports and records for inspection by NCDIT, the Office of State Budget and Management, and the with the provisions of 09 N.C.A.C. 03M. N.C.A.C. 03M and this Agreement. 15 STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement #2 2000069466 Growing Rural Economies with Access to Technology Agreement NCDITI Broadband Infrastructure Officel Program Office oft the State Auditor for oversight, monitoring, and evaluation purposes; and ensure that any subrecipients (a) comply with all reporting requirements established (3) by 09N.C.A.C. 03M and this Agreement and (b) report to NCDIT. Section 5.3. N.C.Administrative Code Reporting and Audit Requirements. Per 09N.C.A.C. 03M. .0205, the following three reporting levels are established for Grantees who have received an award from NCDIT pursuant to this Agreement: LevelI-A Grantee that receives, holds, uses, or expends GREAT Award funds in an amount less than twenty-five thousand dollars ($25,000) within its fiscal year. Level II-A A Grantee that receives, holds, uses, or expends GREAT Award funds in an amount of at least twenty-five thousand ($25,000) or greater, but less than five Level III - A Grantee that receives, holds, uses, or expends GREAT Award funds in an amount equal to or greater than five hundred thousand dollars ($500,000) hundred thousand dollars ($500,000) within its fiscal year. within its fiscal year. a. Required Reporting. In addition to the Project progress reports set out in Section the Grantee shall provide the following reporting on an annual basis during the term 2.4, of this Agreement: 1. All Grantees shall provide: (a) A certification that GREAT Award funds received or, held was used for the (b). An accounting of all GREAT Award funds received, held, used, or expended. 2. Grantees that fall into Levels II and II in Section 5.3 shall report on activities and accompishments undertaken by the Grantee, including reporting on any 3. As set out in Section 4.5, Grantees that fall into Level II in Section 5.3 shall have as single or program-specific audit prepared and completed in accordance with Generally Accepted Government Auditing Standards, also known as the Yellow purposes for which it was awarded; and performance measures established in this Agreement. Book. b. Filing of Reports. Grantees shall file all reports withl NCDIT int the format and method provided by NCDIT no later than three (3) months after the end oft the Grantee's fiscal year, unless the same information is already required through more frequent Audits must be provided to NCDIT no later than nine (9) months after the end reporting. of the 16 STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement #2000069466 Growing Rural Economies with Access to Technology Agreement NCDITI Broadband Infrastructure Office Program Grantee's fiscal year. Copies Acceptable. Notwithstanding the foregoing provisions, a Grantee may satisfy thei reporting requirements of Section 5.3.b. by submitting a copy oft the report required d. Other Reports. The Grantee shall provide NCDIT with any other reports as required under federal law with respect to the same: funds. by State or federal law. Section 5.4. Interventions. IfNCDIT determines the Grantee is not maintaining adequate progress towards Project milestones or is not engaging in the appropriate expenditure of funds, NCDIT may impose additional reporting requirements and/or award conditions. These additional requirements and/or conditions may include: withholding authority to proceed to the next phase until receipt of evidence of acceptable performance and/or progress within a given period; requiring additional, more detailed financial reports; requiring additional Project monitoring; requiring the Grantee to obtain technical or management assistance; and establishing prior approvals. NCDIT will notify the Grantee of these additional requirements and/or conditions Section 5.5. Access to Persons and Records. Pursuant to N.C.G.S. S 147-64.7, Grantors, the Office of State Budget and Management, the State Auditor, the U.S. Department oft the the Treasury Office of Inspector General, the U.S. Government Accountability Office, Treasury, the Comptroller General ofthe United States, and any other appropriate state or: federal authorized representatives of these entities, are authorized to examine all books, records, agency, orany and accounts of the Grantee insofar as they relate to transactions with any department, papers, board, officer, commission, institution, or other agency of the State of North Carolina pursuant to the performance of this Agreement or to funds disbursed pursuant to this Agreement. The Grantee shall maintain and hereby agrees to retain all records, books, papers, and other documents covered by this Section through December: 31,2031, or such longer period as is necessary for thei resolution ofany litigation, claim, negotiation, audit, or other inquiry involving this Agreement. The Grantee shall make all records, books, papers and other documents that relate to this Agreement available at all reasonable times for inspection, review and audit by the authorized representatives of Grantors, the North Carolina State Auditor, the U.S. Department of the Treasury, the U.S. Government Accountability Office, and any other authorized state or federal oversight office. Additional audit or reporting requirements may be required by Grantors if such requirement is Section 5.6. Personnel. The Grantee represents that it has, or will secure at its own expense, all personnel required to monitor, carry out, and perform the scope of services of this Agreement. Such employees shall not be employees ofNCDIT or the County. The Grantee shall identify all personnel who will be involved in performing the scope of services of this Agreement and otherwise administering this Agreement, including at least one project manager and one fiscal officer ("Key Personnel"). Such Key Personnel shall be fully qualified and shall be authorized accordance with 2 C.F.R. $200.208(d). in imposed by federal or state law or regulation. 17 STATE OF NORTH CAROLINA COUNTY OF WAKE Agrement#20006546 Growing Rural Economies with Access to' Technology Agreement NCDITI Broadband Infrastructure Officel Program under state and local law to perform such services. Changes to Key Personnel do not constitute a Material Change under Section 2.5.a oft this Agreement; however, the Grantee shall notify NCDIT ofany changes tol Key Personnel within thirty (30) days of the change in accordance with Section 8.13. Article 6. Compliance with Agreement and Applicable! Laws. Section 6.1. General Compliance. The Grantee shall perform all Covered Services funded this Agreement in accordance with this Agreement, the award agreement between the State by North Carolina and the U.S. Department ofthe' Treasury, the award agreement between the and the U.S. Department ofthe' Treasury, and all applicable federal, state and local requirements, County including all applicable statutes, rules, regulations, executive orders, directives or other requirements. Such requirements may be different from the Grantee's current policies and practices. While Grantors may assist the Grantee in complying with all applicable requirements, the Grantee remains responsible for ensuring its compliance with all applicable requirements. Section 6.2. Expenditure Authority. This Agreement is subject to the laws, regulations, and guidance documents authorizing and implementing the GREAT grant, including, but not limited Authorizing Statute. Section 602 ofthe Social Security Act, as added by Section 9901 Implementing Regulations. Subpart. A of31 CFR Part 35 (Coronavirus State and Local Fiscal Recovery Funds), as adopted in the Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule (86 FR 26786, applicable May 17,2021 through March 31,2022) and final rule (87 FR 4338, applicable January 27, 2022 through the end of the ARPA/SFRF award term), and other subsequent regulations implementing Section 603 of the Social of to, the following: American Rescue Plan Act of2021, Pub. L. No. 117-2. ofthe - (42U.S.C. 803). Security Act Guidancel Documents. Applicable guidance documents issued from time-to-time by the U.S. Department oft the Treasury, including the currently applicable version ofthe Compliance and Other Regulations, Statutes and Rules. Applicable provisions oft the Uniform Guidance C.F.R. Part 200); the GREAT Statutes at N.C.G.S. 143B-1373, and as amended by S.L. 2021- (2 180, Section 38.4, and any subsequent amendments and technical changes; 09 N.C. Admin. Section 6.3. Federal Grant. Administration Requirements. The Grantee shall comply with any applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Reporting Guidance: State and Local. Fiscal. Recovery Funds.' Code. 03M; and all applicable laws oft the State ofl North Carolina. ECmameaiRaReesagouhasAtcsacanN 18 STATE OFI NORTH CAROLINA COUNTY OF WAKE Agreement #2000069466 Growing Rural Economies with Access to Technology. Agreement NCDITI Broadband Infrastructure Officel Program Requirements for Federal Awards, 2 CFR Part 200 (UG), as adopted by the U.S. Department of the Treasury at 2 CFR Part 1000 and as set forth in the Assistance Listing for ARP/CSLFRF (21.027). These requirements dictate how the Grantee must administer the award and how NCDIT Section 6.4. Property. Grantee shall retain ownership interests and rights in the network and in any property, materials, equipment, supplies, and facilities it constructs or purchases for thel pursuant to this Agreement. Grantee agrees to abide by the property requirements set forth Project 2 C.F.R. 200.311-316, as amended in applicable guidance or regulations issued by the U.S. in Department oft the Treasury or other federal agency after thel Effective Date oft this Agreement. Section 6.5. Universal Identifier and System for Award Management (SAM). The Grantee shall provide and/or obtain and provide to NCDIT, a unique entity identifier assigned the Section 6.6. Federal Funding Accountability and Transparency Act of 2006. The Grantee shall provide Grantors with all information requested by Grantors to enable Grantors to with the reporting requirements of the Federal Funding Accountability and Transparency comply Actof Section 6.7. Licenses, Certifications, Permits, Accreditation. The Grantee shall obtain and keep current any license, certification, permit, or accreditation required federal, law and shall submit to Grantors proof ofa any licensure, certification, permit by or accreditation state, local Section 6.8. Clean Air Act. The Grantee agrees to comply with all applicable standards, and regulations issued pursuant to the Clean Air. Act, as amended, 42 U.S.C. $S 7401 Grantee agrees to report each violation to NCDIT and understands and agrees that Grantors et seq. in turn, report each violation as required to the federal awarding agency and the Environmental Protection Agency Regional Office. The Grantee agrees to include appropriate these requirements in any subcontract exceeding $150,000 funded, in whole or in part, with funds Section 6.9. Federal Water Pollution Control Act. The Grantee agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. SS 1251 et seg. The Grantee agrees to report each violation to Grantors and understands and agrees that Grantors will, in turn, report each violation as to assure notification to the: federal awarding agency and the appropriate. Environmental Protection required Agency Regional Office. The Grantee agrees to include these requirements in any subcontract exceeding $150,000 funded, in whole or inj part, with funds provided by Grantors pursuant to this must oversee the Grantee. System for. Award Management (SAM), which is accessible at www.sam.gov. by 2006 (31 U.S.C. 6101 note). or upon orders, The will, request. provided by Grantors pursuant to this Agreement. Agreement. 19 STATE OFI NORTH CAROLINA COUNTY OF WAKE Agreement #2000069466 Growing Rural Economies with. Access to Technology Agreement NCDITI Broadband Infrastructure Office Program Section 6.10. Debarment and Suspension. Due to its receipt of ARPA funds, Grantors are participants in a non-procurement transaction (defined at 2 C.F.R. $ 180.970) that is a covered transaction pursuant to 2 C.F.R. $ 180.210 and 31 C.F.R. $ 19.210. Therefore, this Agreement is al lower-Tier covered transaction for purposes of 2 C.F.R. Part 180 and 31 C.F.R. Part 19 amount ifthe oft this Agreement is greater than or equal to $25,000. a. Non-Exclusion Certification. The Grantee hereby certifies as ofthe date hereof, that the Grantee, the Grantee's principals (defined at 2C.F.R. $ 180.995), and the affiliates (defined at2C.F.R. $ 180.905) ofboth the Grantee and the Grantec'sprincipals: are: not excluded individuals (defined at 2 C.F.R. S 180.935) and are not disqualified (defined at 2 C.F.R. $ 180.935), or otherwise determined ineligible to participate in federal assistance awards or contracts. If any of the foregoing persons are excluded or disqualified and the federal awarding agency has not granted an exception pursuant to 31 C.F.R. S 19.120(a), then: (1) this Agreement shall be void, (2) Grantors shall not make any payments offederal financial assistance to the Grantee, and(3)Grantors: shall b. Compliancewith: 2. C.F.R. Parti 180, SubpartCand3ICFR: Part19.The Grantee must comply with the Office of Management and Budget (OMB) Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 C.F.R. Part 180, Subpart C, and as adopted by the U.S. Department oft the Treasury at 31 C.F.R. Part 19, and must include ai requirement to comply with these regulations in any lower-Tier covered transaction into which it enters. The Grantee hereby certifies that it will comply with 2 C.F.R. Part 180, Subpart C and 31 C.F.R. Part 19. This certification is ai material representation ofi fact relied upon by Grantors, and all liability arising from an erroneous representation shall be borne solely by the Grantee. Remedies for Non-Compliance. Ifit is later determined that the Grantee did not comply with 2C.F.R. Part 180, Subpart Cand3 31 C.F.R. Part 19,1 in addition toi remedies available to Grantors, the federal government may pursue availablei remedies, including d. Subcontractor Certification. The Grantee hereby certifies that none of the subcontractors it has proposed toj perform work under this Agreement are listed under the State Debarred Vendors listing pmcaminncgovoMcamemsnedeured. vendors), or in the past five (5) years have been suspended or debarred from doing business with the federal or any state government. The Grantee agrees thati itwill notify Grantors immediatelyifit or any ofits] principals is placed on thel list ofparties excluded from federal procurement or nonprocurement programs available at Www.sam.gov. have no obligations to the Grantee under this Agreement. but not limited to, suspension and/or debarment. 2"Tier" shall have the meaning indicated in 2C.F.R. Part 180 andi lllustrated in 2 C.F.R. Part 180, Appendix II. 20 STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement # 2000069466 Growing Rural Economies with Access to' Technology Agreement NCDIT Broadband Infrastructure Office Program Section 6.11. Byrd Anti-Lobbying Amendment. The Grantee shall comply with thei restrictions The Grantee certifies to Grantors, and the Grantee shall cause each Tier below it to certify to the Tier directly above such Tier, that it has not used and will not use federally appropriated funds to pay any person or organization to influence or attempt toi influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee ofar member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. S 1352. The Grantee shall, and shall cause each Tier below it, to disclose any lobbying with non-federally appropriated funds that takes place in connection with obtaining any federal award. Such disclosures (to be set forth on Standard Form-LLL, contained in 31 C.F.R. Part 21, Appendix B) shall be: forwarded from Tier to' Tier up to Grantors, which will, in turn, forward the certification(s) to the federal awarding agency. The Grantee shall cause the language of this Section to be included in all subcontracts. This certification is a material representation of fact upon which Grantors have relied when entering into this Agreement, and all liability arising from Ifthis Agreement exceeds $100,000, the Grantee also must file with Grantors the certification in Exhibit G, "Byrd Anti-Lobbying Certification", which is attached hereto and incorporated herein. Any subcontractor with a subcontract (at any Tier) exceeding $100,000 must also file with the Tier Section 6.12. Wages and Labor Standards for Projects over $10 Million. In its reporting guidance, the U.S. Department of Treasury has indicated that recipients will need to provide documentation of wages and labor standards for capital expenditure projects and infrastructure projects over $10million, and that these requirements canl bei met with certifications that thej project isin compliance with the Davis-Bacon Act (or related state laws, commonly known as Davis-Bacon Acts") and subject to a project labor agreement. In accordance with the SLFRF "baby Reporting and Compliance Guidance, for Projects with a total cost of over ten million dollars on lobbying in 31 CFR Part 21. an erroneous representation shall bel borne solely by the Grantee. above it the certification inl Exhibit G. ($10,000,000) (based on expected total cost): a. Prevailing Wages Certification. A recipient may provide a certification that, for the relevant project, all laborers and mechanics employed by contractors and subcontractors in the performance ofs such project are paid wages at rates not less than those prevailing, as determined by the U.S. Secretary of Labor in accordance with subchapter IV of chapter 31 oftitle 40, United States Code (commonly known as the "Davis-Bacon Act"), for the corresponding classes of laborers and mechanics employed on projects ofa character similar to the contract work int the civil subdivision oft the State (or the District of Columbia) in which the work is to be performed, or by the appropriate State entity pursuant to a corollary State prevalling-wage-in- construction law (commonly known as "baby Davis-Bacon. Acts"). Ifsuch certification isnot provided, ai recipient must provide aj project employment and local impact report detailing: 21 STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement #2000069466 Growing Rural Economies with Access to' Technology Agreement NCDITI Broadband Infrastructure Office Program The number of employees of contractors and sub-contractors working on the The number of employees on the project hired directly and hired through a third The wages and benefits ofworkers on the project by classification; and Whether those wages are at rates less than those prevailing. 19 Recipients must maintain sufficient records to substantiate this information upon request. b. Project Labor Certification. A recipient may provide a certification that a project includes aj project labor agreement, meaning aj pre-hire collective bargaining consistent with section 8(f) of the National Labor Relations Act (29 U.S.C. agreement If the recipient does not provide such certification, the recipient must provide 158(f). a project; party; workforce continuity plan, detailing: project How the recipient will ensure the project has ready access to a sufficient supply of appropriately skilled and unskilled labor to ensure high-quality construction throughout the life of the project, including a description of any required How the recipient will minimize risks of labor disputes and disruptions that would How the recipient will provideasafe and healthy workplace that avoids delays and costs associated with workplace illnesses, injuries, and fatalities, including descriptions of safety training, certification, and/or licensure requirements for all Whether workers on the project will receive wages and benefits that will secure an appropriately skilled workforce in the context ofthel local or regional labor market; professional certifications and/or in-house training; jeopardize timeliness and cost-effectiveness ofthe project; relevant workers (e.g., OSHA 10, OSHA 30); and Whether the project has completed a project labor agreement. Local Hire Prioritization. Whether the project prioritizes local hires. d. Community Benefit Agreement. Whether the project has a Community Benefit Agreement, with a description ofany such agreement. Section 6.13. Copeland Anti-Kickback Act. In accordance with the Copeland Anti-Kickback Act, as supplemented by the Department of Labor regulations at 29 CFR Part the Grantee understands and agrees that it is prohibited from inducing, by any means, any person 3, the construction, completion, or repair of public work, to give up any part oft the employed in which he or she is otherwise entitled. Grantors shall report any and all violations oft this Section to the Federal awarding Agency. compensation or suspected reported to 22 STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement; #2000069466 Growing Rural Economies with Access to' Technology. Agreement NCDITI Broadband Infrastructure Office) Program Section 6.14. Contract Work Hours and Safety Standard Act. Contracts awarded by Grantors ine excess of one-hundred thousand dollars ($100,000.00) that involve the employment mechanics or laborers are required to comply with 40 U.S.C. 3702 and 3704, as supplemented by of Department ofLabor Regulations at 29 CFR Part 5. The Grantee understands and will compute the wages of every mechanic and laborer on the basis of a standard work agrees week of forty (40) hours, and that work in excess of the standard work week is permissible provided that the worker is compensated at a rate ofi not less than one and al half times the basic rate of for all hours worked in excess of 40 hours in the work week. The Grantee further understands pay and agrees that no mechanic or laborer isi required to work ins surroundings or underv working conditions Section 6.15. Prohibition on Contracting for Covered Ielecommunications Equipment Services. Pursuant to 2 C.F.R. $ 200.216, the Grantee agrees not to expend funds it receives or pursuant to this Agreement to procure or obtain, or to enter into, extend, or renew a contract to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component ofany system, or as critical technology as part ofany system. Covered telecommunications equipment is defined in 2 C.F.R. $ 200.216. Section 6.16. Program Fraud and False or Fraudulent Statements or Related Acts. The Grantee acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to this Agreement. Making false statements or claims administrative sanctions, including fines, imprisonment, civil damages and criminal, civil, or from participating in state or federal awards or contracts, and/or any other penalties, available debarment Section 6.17. Protections for Whistleblowers. In accordance with 41 U.S.C.S $ 4712, the Grantee may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing, to any of the list of persons in 41 U.S.C. $ 4712(a)(2), information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or waste of federal funds, an abuse of authority relating to a federal contract or and specific danger toj public health or safety, or a violation oflaw, rule, or regulation grant, related to federal contract (including the competition for or negotiation ofa contract) or grant. The Grantee a is hereby notified that it is required to: (a) inform its employees that they are subject to the whistleblower protections under 41 U.S.C $4712 in the predominant native writing language of employee of the workforce; and (c) include such requirements in any agreement made with a subcontractor or Section 6.18. Equal Opportunity & Other Requirements. The Grantee shall a nondiscrimination policy consistent with the requirements in this Section. adopt The Grantee enact acknowledges that Grantors are bound by and agrees, to the extent applicable to the Grantee, to that it that are unsanitary, hazardous, or dangerous. in connection with this award is a violation of federal law and may result in law. remedy by grant, a substantial a gross whistleblower: rights and remedies ofthe program; (b)i inform its employees in subgrantee. and 23 STATE OF NORTH CAROLINA COUNTY OF WAKE 2000069466 Agreement #: Growing Rural Economies with Access to' Technology Agreement NCDIT Broadband Infrastructure Office Program abide by the provisions contained in the federal statutes enumerated below and any other federal statutes and regulations that may be applicable to the expenditure of ARPA: funds: a. Assurances of Compliance with Title VI of the Civil Rights Act of 1964. The Grantee and any subcontractor, or the successor, transferee, or assignee of the Grantee orany subcontractor, shall comply with' Title VIofthe Civil Rights Act of1 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against aj person on the basis ofrace, color, or national origin (42 U.S.C. $8 2000d et, seq.), as implemented by the U.S. Department of the Treasury's Title VI regulations, 31 C.F.R. Part 22, which are herein incorporated by reference and made a part of this Agreement. Title VI also provides protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. $8 2000d et seq., as implemented by Treasury's Title VI regulations, 31 C.F.R. Part 22, and herein b. Disability Protections. Section 504 oft the Rehabilitation Acto of1973, as amended (29 U.S.C. $ 794), which prohibits discrimination on the basis of disability under any Age Discrimination. The. Age Discrimination Actof1975, as amended (42 U.S.C. SS 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal d. Americans with Disabilities. Title Iofthe. Americans with Disabilities Act of1990, as amended (42 U.S.C. $8 12101 et seq.), which prohibits discrimination on the asis of disability in programs, activities, and services provided or made available by state Fair Housing Laws. The Grantee shall comply with the Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. SS 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, incorporated by reference and made aj part ofthis Agreement. program or activity receiving federal financial assistance. financial assistance. and local governments or instrumentalities: or agencies thereto. familial status, or disability. Section 6.19. Affordable Connectivity Program. The Grantee must participate in the Federal Communications Commission Affordable Connectivity Program ("ACP"), or otherwise access to al broad-based affordability program to low-income consumers in the proposed provide service area oft the broadband infrastructure that provides benefits to households commensurate withi those Section 6.20. Use of Name. Neither party to this Agreement shall use the other Party's name, trademarks, or other logos in any publicity, advertising, or news release without the prior written provided under the ACP. 24 STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement # 2000069466 Growing Rural Economies with Access to' Technology Agreement NCDITI Broadband Infrastructure Office Program approval of an authorized representative of that Party. The Parties agree that each factual information regarding the existence and purpose of the relationship that is party the may of this Agreement for legitimate business purposes, to satisfy any reporting and or as required by applicable law or regulation without written permission from funding the other obligations, Party. In any such statement, the relationship oft the Parties shall be accurately and appropriately described. Section 6.21. Solicitation of Small Businesses and Historically Underutilized Businesses. the Grantee intends to let any subcontracts, it shall encourage and promote the use of small If businesses and historealyunderutilized businesses, such as (1)assuring that small and underutilized businesses are solicited whenever they are potential sources; (2) dividing historically total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and historically underutilized businesses; (3) establishing schedules, where the requirement permits, which encourage participation small and delivery Business Administration, the Minority Business Development Agency of the Department of Commerce, and the North Carolina Office for Historically Underutilized Businesses. For the purposes of this Agreement, an entity shall qualify (1) as an historically underutilized business"ifit is currently certified as such under Chapter 143, Section 128.4 of the N.C. General Statutes, and (2) as a "small business" ifit is independently owned and operated and under the Small Business Administration criteria and size standards at 13 C.F.R. Part 21. is qualified use subject underutilized by historically businesses; and (4) using the services and assistance, as appropriate, of the Small Section 6.22. Conflicts of Interest; Gifts and Favors a. Disclosure of Potential Conflicts. The Grantee understands that (1) NCDIT will use ARPA funds toj pay for the cost oft this Contract; (2) the County may use. ARPA funds to contribute to the payment of this Contract; and (3) the expenditure of ARPA funds isg governed by the ConflictofInterest. Policies ofNCDIT, andi ifapplicable, the the federal requirements (including, without limitation, 2 C.F.R. $ 200.318(c)(1)), County, and North Carolina law (including, without limitation, N.C.G.S. 88 14-234(a)(1) and - 234.3(a)). The Grantee must disclose in writing to Grantors any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. $ 200.112. b. Conflict Certification. The Grantee certifies to Grantors that as ofthe date hereof, to the best of its knowledge after reasonable inquiry, no employee, officer, or Grantors involved ini the selection, award, or administration of this Agreement agent a "Covered Individual"); no member of a Covered Individual's immediate (each partner of a Covered Individual; and no organization (including the Grantee) family; which no employs or is about to employ a Covered Individual; has a financial or other interest in, or has received a tangible personal benefit from, the Grantee. Should the Grantee obtain knowledge of any such interest or any tangible personal benefit described in the preceding sentence after the datel hereof, it shall promptly disclose the same to Grantors of in writing. 25 STATE OF NORTH CAROLINA COUNTY OF WAKE Agrement#290069466 Growing Rural Economies with Access to' Technology. Agreement NCDITI Broadband Infrastructure Office Program Value Certification. The Grantee certifies to Grantors that it has not provided, nor offered toj provide, any. gratuities, favors, or anything ofvalue to an officer, employee, or agent of Grantors. Should the Grantee obtain knowledge oft the provision, or offer of any provision, of any gratuity, favor, or anything of value to an officer, employee, or agent described in the preceding sentence after the date hereof, it shall promptly d. Conflict of Interest Policy. - Pursuant to N.C. Gen. Stat. $ 143C-6-23(b), Grantee shall file with NCDIT a copy of Grantee's policy addressing conflicts every of interest that may arise involving the Grantee's management employees and the members ofi its board of directors or other governing body. The policy shall address situations in which any of these individuals may directly or indirectly benefit, as the Grantee's employees or members ofi its board or other governing body, from except the Grantee's disbursing of State funds, and shall include actions tol bet taken by the Grantee ort the individual, or both, to avoid conflicts of interest and the appearance of impropriety. Thej policy shall be filed before the disbursing State agency may disburse disclose the same to Grantors in writing. the grant funds. Section 6.23. Miscellaneous Provisions and Conditions. a. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 Fed. Reg. 19,216 (Apr. 18, 1997), Grantors encourage the Grantee to enforce on-the-job seat belt policies and programs for its employees when adopt operating b. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 Fed. Reg. 51,225 (Oct. 6, 2009), Grantors encourage the Grantee to adopt and enforce Energy Efficiency. All participants in the projects funded hereby shall recognize mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and d. Publications. Any publications related to the Project must be paid for independently by the Grantee (i.e., not with GREAT Award funds) and must display the following language: "This project [is beingl[was] supported, in whole or in awarded to the State ofl North Carolina by the U.S. Department oft the Treasury." part, by Federal Seals, Logos, and Flags. The Grantee shall not use the seal(s), logos, crests, or reproductions of flags of the federal funding agency or likenesses of any federal agency officials without specific pre-approval oft the relevant federal agency. and company-owned, rented, or personally owned vehicles. policies that ban text messaging while driving. Conservation Act (PL 94-163). funds 26 STATE OFI NORTH CAROLINA COUNTY OF WAKE Agreement: #2000069466 Growing Rural Economies with. Access to Technology Agreement NCDIT Broadband Infrastructure Office Program Article' 7. Termination and Remedies. Section 7.1. Termination by Grantors for Default. Ifthe Grantee fails to fulfill in a proper manner its obligations required under this Agreement or violates or fails to timely with and any of the covenants or stipulations under this Agreement or any applicable laws, comply rules, and regulations, and such default is not cured within sixty (60) calendar days oft the notice of such default, then NCDIT and/or the County shall have the right to receipt terminate ofwritten this Agreement on any future date after giving the Grantee written notice of termination of this Agreement at least ten (10) calendar days in advance of the Termination Date. notice under this Section shall specify the Termination Date and this Agreement Any shall termination terminate automatically upon such Termination Date. Upon termination of this Agreement under this Section, (1)Grantors shall have no responsibility to make additional payments to the (2) the Grantee shall not expend any additional funds for which it will seek reimbursement Grantee; without NCDIT's prior and express written authorization and shall return all funds received to NCDIT and upon demand. 2C.F.R. $ 200, app. II(B). Section 7.2. Immediate Termination by Grantors. NCDIT and/or the County this Agreement immediately upon discovery of the Grantee's commission of fraud may Section 7.3. Termination by Mutual Consent. In accordance with 09 N.C.A.C. this Agreement may be terminated at any time upon the mutual consent of the Parties 3M.0703(11), upon terminate of GREAT Award funds. (60) days prior written notice to the other Parties. sixty Section 7.4. Termination Procedures. All notices of termination shall be in accordance with ther notice provisions in Section 8.13ofthis. Agreement. Ifthis Agreement given is terminated under this Article 7, the Grantee may not incur new obligations for the terminated portion of this Agreement after the Grantee has received the notification oftermination. The Grantee must cancel as many outstanding obligations as possible. Costs incurred afteri receipt of the termination notice willl be disallowed. The Grantee shall not bei relieved ofliability to Grantors because of Agreement by the Grantee. The Grantors may, to the extent authorized payments to the Grantee fori the purpose ofs set-offuntil the exact amount and/or the County from the Grantee is determined. Neither the ofdamages NCDIT commence termination procedures or legal action against the Grantee for County violations nor NCDIT related to shall the performance oft this Agreement without providing notice to the other. breach ofany withhold by law, due Section 7.5. Sanctions for Noncompliance. As the entity responsible for handling ofthe Project and this Agreement, NCDITi is required to ensure that the Grantee complies monitoring with the applicable provisions of09N.C.A.C. 03M. Pursuant to 091 N.C.A.C. 03M .0401, determination that the Grantee is noncompliant with 09 N.C.A.C. 03M and/or the upon terms of this Agreement, NCDIT shall take all appropriate action in accordance with 09 N.C.A.C. 03M.0800 NCDIT's 27 STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement: #2 2000069466 Growing Rural Economies with Access to' Technology. Agreement NCDITI Broadband Infrastructure Officel Program as follows: a. Grantee Noncompliance. When the Grantee does not comply with the requirements of09N.C.A.C. 03M, NCDIT shall: (1) communicate the requirements to the Grantee; (2) require a response from the Grantee upon a determination of noncompliance; (3) suspend payments to the Grantee until the Grantee comes in compliance. b. Misuse of Funds. When NCDIT discovers evidence of management deficiencies or criminal activity leading to the misuse of funds, NCDIT shall notify the Office of State Budget and Management and take the appropriate action or actions, including without limitation: (1) suspending payments until the matter has been fully investigated and corrective action has been taken; (2) terminating this Agreement and taking action to retrieve unexpended funds or unauthorized expenditures; and/or (3) reporting violations of criminal statutes involving misuse of State property to the State possible Bureau Notice Period. Upon determination of noncompliance with requirements of this Agreement that are not indicative of management deficiencies or criminal NCDIT shall give the Grantee sixty (60) days written notice to take corrective activity, action. Ifthe Grantee has not taken the appropriate corrective action after the 60-day period, NCDIT shall notify the Office of State Budget and Management and take the appropriate action or actions, including without limitation: (1) suspending payments pending negotiation of a plan of corrective action; (2) terminating the contract and taking action to retrieve unexpended funds or unauthorized expenditures; and/or ofInvestigation, in accordance with N.C.G.S. $ 143B-920. offsetting future payments with any amounts improperly spent. (3) Section 7.6. Terraination due to Unavailability of Funds. If funds for the unavailable for any reason, including without limitation, a change in the State or Project federal become NCDITandor the County shalll have thei right to terminate this. Agreement after written notice of termination of this Agreement at least twenty (20) calendar giving in advance Grantee the Termination Date. The notice of termination shall contain the effective Termination days this Agreement. Upon notice, the Grantee shall not expend any GREAT Award funds without of NCDIT's express written authorization. Upon termination oft this Agreement, neither the County shall have any responsibility to make additional payments to the Grantee. NCDITnor the laws, Date of Article 8. General Conditions. Section 8.1. Representations and Warranties. a. The Parties' Representations and Warranties. The Parties acknowledge that each has been represented in negotiations for, and the preparation of, this Agreement counsel of its own choosing (or has had the opportunity to retain counsel for those by purposes), that each has read this Agreement or has had it read to them and explained 28 STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement #2 2000069466 Growing Rural Economies with Access to Technology Agreement NCDIT: Broadband Infrastructure Office Program by counsel, that each understands and is fully aware of its contents and of its effect, that each is knowingly and voluntarily entering into this Agreement. legal The execution and performance of this Agreement have been duly authorized by all necessary laws, resolutions and entity action, and this Agreement constitutes the valid and enforceable obligations ofthel Parties in accordance withi its terms. Each its respective signatory hereto avers that its signatory is authorized, empowered, Party and directed on behalf of the Party to execute this Agreement and thereby bind the b. Grantee's Representations and Warranties. The Grantee hereby represents and and Party and others as set forth in Section 8.5 ofthis Agreement. warrants that: There is no action, suit proceeding, or investigation at law or in equity or before any court, public board or body pending, or to the knowledge of the Grantee, threatened against or affecting it that could or might adversely affect the Project or any of the transactions contemplated by this Agreement the validity or enforceability of this Agreement, or the abilities of the Grantee to discharge their obligations under this Agreement. Ifiti is subsequently found that an action, suit, proceeding, or investigation did or could threaten or affect the development oft the Project, Grantors may require repayment from the Grantee based on Section Article 7, and Section 8.4 ofthis. Agreement and this Agreement may be terminated 3.4, ii. Noc consent or approval isi necessary from any governmental authority as a condition tot the execution and delivery ofthis Agreement by the Grantee or the performance ofany ofits obligations hereunder, or all such requisite governmental consents or approvals have been obtained. The Grantee shall provide NCDIT with evidence of the existence of any such necessary consents or approvals at the time of the iii. The Grantee is solvent, is financially capable of performing the Project responsibilities, is a going concern, is duly authorized to do business under North Carolina law, and is not delinquent on any federal, state, or local taxes, licenses, or fees. If it is subsequently found that the Grantee was not solvent, was not financially capable of performing its Project responsibilities, was delinquent on its federal, state or local taxes, licenses or fees or, if applicable, was not a concern or was not duly authorized to do business under North Carolina going Grantors may require repayment from the Grantee based on Section 3.4, Article law, by Grantors effective upon notice. execution oft this Agreement. and Section 8.4 oft this Agreement. 7, Section 8.2. Indemnification. The Granteel hereby agrees tor release, indemnify and hold harmless the State (including, without limitation, NCDIT) and the County, and their respective members, 29 STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement #2 2000069466 Growing Rural Economies with Access to' Technology. Agreement NCDITI Broadband Infrastructure Officel Program officers, directors, employees, agents and attorneys (together, the Indemnified any claims of third parties arising out of any act or omission of the Grantee or any Parties"), third connection with the performance oft this Agreement or the Project, and for all losses arising party from theiri implementation. Without limiting the foregoing, the Granteel hereby releases the Indemnified Parties from, and agrees that such Indemnified Parties are not liable for, and agrees to indemnify and hold harmless the Indemnified Parties against, any and all liability or loss, cost or expense, including, without limitation, reasonable attorneys' fees, fines, penalties and civil judgments, resulting from or arising out of or in connection with or pertaining to, any loss or damage to property or any injury to or death of any person occurring in connection with the Project, or resulting from any defect in the fixtures, machinery, equipment or other property used in connection with the Project or arising out of, pertaining to, or having any connection with, the Project or the financing thereof (whether arising out of acts, omissions, or negligence of the Grantee or of any third party or of any of their agents, Grantees, servants, employees, licensees, lessees, or assignees), including any claims and losses accruing to or resulting from any and all subgrantees, subcontractors, material men, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the Project. Section 8.3. Insurance. The Grantee must provide the equivalent insurance coverage for real the Grantee. In addition, the Grantee, must, at a minimum, provide and maintain property the term by oft this Agreement insurance coverage that meets the following coverage and limit during requirements: from in property and equipment acquired or improved with this award as provided to owned a. Small Purchases Requirements. For Small Purchases as defined under 01 N.C.A.C. 05A. .0112(35) and 05B .0301(1), the minimum applicable insurance requirements for Worker's Compensation and Automobile Liability will apply as required North Carolina law. The Purchasing Agency may require Commercial General by Liability coverage consistent with the assessed risks involved in the procurement. b. Requirements for Contracts Between Small Purchase and $1,000,000.00. For Contracts valued in excess of the Small Purchase threshold, but up to $1,000,000.00 1. Worker's Compensation - The Grantee shall provide and maintain Worker's Compensation Insurance, as may bei required by the laws ofNorth Carolina, as well as employer's liability coverage, with minimum limits of $250,000.00, covering all ofGrantee'se employees who are engaged in any work under the Contract in North Carolina. If any work is sub-Contracted, the Grantee shall require the sub- contractor to provide the same coverage for any of its employees engaged in the following limits shall apply: work under the Contract within the State. any 30 STATE OF NORTH CAROLINA COUNTY OF WAKE Agrement#290069466 Growing Rural Economies with Access to Technology Agreement NCDIT Broadband Infrastructure Office Program 2. Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $500,000.00 Combined Single Limit. Defense costs shall be in excess of the limit ofliability. 3. Automobile - Automobile Liability Insurance, to include liability coverage covering all owned, hired, and non-owned vehicles, used within North Carolina in connection with the Contract. The minimum combined single limit shall be $250,000.00 bodily injury and property damage; $250,000.00 uninsured/under Requirements for Contracts in Excess of $1,000,000.00. For Contracts valued in 1. Worker's Compensation - The Grantee shall provide and maintain Worker's Compensation Insurance, as may bei required by thel laws ofNorth Carolina, as well as employer's liability coverage, with minimum limits of$500,000.00, covering all of Grantee's employees who are engaged in any work under the Contract in North Carolina. If any work is sub-Contracted, the Grantee shall require the sub- contractor to provide the same coverage for any of its employees engaged in any 2. Commercial General Liability General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $1,000,000.00 Combined Single Limit. Defense costs shall be in excess oft the limit of liability. 3. Automobile - Automobile Liability Insurance, to include liability coverage covering all owned, hired and non-owned vehicles, used within North Carolina in connection with the Contract. The minimum combined single limit shall be $500,000.00 bodily injury and property damage; $500,000.00 uninsured/under insured motorist; and $2,500.00 medical payment. excessor51,00,000.00 the following limits shall apply: work under the Contract within the State. insured motorist; and $5,000.00 medical payment. The Grantee's insurance coverage shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized toj provide such and that are authorized by the NC Commissioner of Insurance to do business in North Carolina. coverage The Grantee shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this Agreement. Ifthe Grantee fails at any time to maintain and keep ini force the required insurance, and such default is not cured within ten (10) calendar the receipt of written notice of such default, then Grantors may cancel and terminate days this Agreement on any future date after giving the Grantee written notice of termination of this Agreement. The limits of coverage under each insurance policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations or the indemnification of requirements under this Agreement. 31 STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement: #2000069466 Growing Rural Economies with Access to' Technology. Agreement NCDITI Broadband Infrastructure Office Program Thei insurer must provide NCDIT with a Certificate ofl Insurance reflecting the insurer in the event of cancellation, reduction, or other modification of in this Section. All Certificates of Insurance shall reflect thirty (30) days written coverages notice required this notice requirement, the Grantee must provide NCDIT prompt written coverage. notice of cancellation, addition to reduction, or material modification of coverage ofi insurance. Ifthe Grantee fails to provide such notice, the Grantee assumes sole responsibility for all losses incurred Grantors In by the insurance would have provided coverage. by for which Section 8.4. Cessation, Bankruptcy, Dissolution, or Insolvency. a. Merger, Consolidation, or Sale. The Grantee agrees at all times to preserve its legal existence, except that it may merge or consolidate with or into, or sell all or substantially all ofits assets to, any entity that expressly undertakes, assumes fori itself and agrees in writing to be bound by all of the obligations and undertakings of the Grantee contained in this Agreement, subject to the prior written consent of Grantors if such action constitutes an assignment of the Grantee's obligations under this Agreement. Ifthe Grantee sO merges, consolidates, or sells its assets without such an undertaking being provided, it agrees under Section 3.4, Article 7, and this Section of this Agreement to make that payment due under this Agreement to Grantors, upon request and as directed. Further, a merger, consolidation or sale without such an undertaking shall constitute a material default under this Agreement, and Grantors terminate this. Agreement upon written notice to the Grantee and hold the Grantee liable may for any such payment provided for under Section 3.4, Article 7, and this Section ofthis b. Notice of Cessation, Bankruptcy, Dissolution, or Insolvency. Other than as provided fori int this Section, ifthe Grantee ceases to dol business or becomes the subject ofanybankruptcy, dissolution or insolvency proceeding prior to the Termination the Grantee shall give Grantors immediate notice oft the event, and shall pay the amount Date, provided under Section 3.4, Article 7, and this Section of this Agreement to Grantors, upon request, as directed and without regard to whether the effective period in Section 3.1 has yet to expire, but only ifto make such payment is permissible under applicable Remedies on Failure to Provide Notice. If the Grantee fails to provide Grantors notice ofc ceasing to do business or becoming the subject ofany bankruptcy, dissolution or insolvency proceeding prior to the Termination Date, it shall constitute a material breach under this Agreement. Ifthere is sucha a cessation or such aj proceeding, Grantors may terminate this Agreement upon written notice to the Grantee pursuant to Section 7.1. Upon such termination, the Grantee shall pay the applicable clawback amount to Grantors upon request, as directed and without regard to whether the effective in Section 3.1 has yet to expire, but only ift to make such payment is permissible period under Agreement. bankruptcy, dissolution or insolvency law. 32 STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement: #2000069466 Growing Rural Economies with Access to Technology Agreement NCDIT Broadband Infrastructure Office Program applicable bankruptcy, dissolution or insolvency law and, if the matter is under the jurisdiction ofa a Bankruptcy Court, with approval oft the Bankruptcy Court. Section 8.5. Binding Effect. The Terms ofthis Agreement are and shall be the Parties hereto, their heirs, executives, binding upon each of representatives, agents, attorneys, partners, successors, predecessor-in-interes, members, managers, member-managers, and assigns, and upon all other persons claiming any interest in the subject matter hereto through any oft the Parties. The must disclose this Agreement to any such person or entity described in this Section. Section 8.6. Entire Agreement. This Agreement contains the entire agreements between or among the Parties with regard to the Project and Grantee Parties pertaining to the subject matter of this Agreement. This Agreement agreement supersedes between all the entire understanding with respect to the transactions contemplated herein, expresses and shall the Parties' amended, modified or altered except pursuant to the provisions set forth in Section 2.5. not be Section 8.7. Titles and Headings. Titles and Headings in this Contract are used for convenience only and do not define, limit, or proscribe the language of terms identified by such Titles and Section 8.8. Severability. Each provision of this Agreement is intended to be severable any provision ofthis Agreement is held tol be invalid, illegal or unenforceable in court of competent jurisdiction, such invalidity, illegality or unenforceability shall any not respect affect by a impair any other provision of this Agreement, and this Agreement shall be construed as if such or invalid, illegal or unenforceable provision had: not been contained herein and the remainder ofthis Agreement shall remain in full force and effect to the extent permitted by law. Section 8.9. Independent Status of the State, the County, the Grantee, and prior Headings. if and, Third Any Parties. a. Independent Entities. The State (including, without limitation, NCDIT), the and the Grantee are independent entities from one another and from any third County, This Agreement, the Project, and any actions taken pursuant to them shall not party. be deemed to create aj partnership orj joint venture between the State, the County and the Grantee or between or among either of them or any third party. Nor shall this Agreement or the Project be construed to make any employees, agents or members of the Grantee or any third party into employees, agents, members or officials ofthe State or the County or to make employees, agents, members or officials of the Grantee into employees, agents, members or officials ofthe State or the County. Neither the Grantee nor any third party shall have the ability to bind the State or the County to agreement for payment of goods or services or represent to any person that such ability. Nor shall the Grantee have the ability to bind the State or the County they to any agreement for payment of goods or services or represent to any person that it has have any such ability. 33 STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement #2000069466 Growing Rural Economies with Access to' Technology. Agreement NCDIT Broadband Infrastructure Office Program b. Grantees Responsibility for Expense and Insurance. The Grantee and any third party shall be responsible for payment of all their expenses, including rent, office expenses and all forms ofcompensation to their employees. The Grantee and third parties shall provide worker's compensation insurance to the extent required any for their operations and shall accept full responsibility for payments of unemployment tax or compensation, social security, income taxes, and any other charges, taxes or deductions required byl lawi in connection with their operations, forthemselves and payroll their employees who are performing work pursuant to this Project. All expenses incurred by the Grantee, or any third party are their sole responsibilities, and neither the State (including, without limitation, NCDIT) nor the County shall be liable for the payment ofany obligations incurred in the performance oft the Project. Section 8.10. Non-Assignability. The Grantee shall not assign or transfer any interest in this Agreement without the prior written consent of Grantors. Claims for money due to the Grantee from Grantors under this Agreement may be assigned to any commercial bank or other financial institution with Grantors' prior written approval. To the extent that Grantors provide written approval to the Grantee to assign or transfer any interest in this Agreement, the Grantee not relieved of any of the duties and responsibilities of this Agreement and shall obtain from the assignee to abide by the standards contained in 09 N.C.A.C. 03M. Unless agreement Grantors otherwise agree in writing, the Grantee and all assigns are subject to all Grantors' defenses liable for all the Grantee's duties that arise from this Agreement and all Grantors' claims that and are Section 8.11. Subcontracting. The Grantee shall provide, upon request by Grantors, any agreements made by and between the Grantee and any subcontractors for the copies of performing services to fulfill the Grantee's obligations under this Agreement. The purpose remains responsible for and is not relieved of any of the duties and responsibilities Grantee of this Agreement. The Grantee remains solely responsible for the performance of its subcontractors. Subcontractors, if any, shall adhere to the same standards required of the selected Grantee, needed by the Grantee to comply with these standards. NCDIT is indemnified by possession the Grantee that for is any claim presented by a subcontractor, and any contracts made by the Grantee with a subcontractor after the Effective Date of this Agreement for performance of work under this Agreement shall include an affirmative statement that the State and the County are intended party beneficiaries of the contract; that the subcontractor has no agreement with the State or third- the County; and that the State and the County shall be indemnified by the Grantee for presented by the subcontractor. Notwithstanding any other term herein, the Grantee shall any exercise its contractual remedies against any non-performing subcontractor. when is from this Agreement. arise of including those in 09 N.C.A.C. 03M, and shall provide information in their claim timely appropriate, substitute another subcontractor. and, 34 STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement: #2000069466 Growing Rural Economies with Access to' Technology Agreement NCDITI Broadband Infrastructure Office Program Section 8.12. No Waiver by the State or the County. Failure of the State limitation, NCDIT) and/or the County at any time toi require performance of this Agreement shall in no manner affect the rights of the State at a ofany (including, term without or provision terms or provisions any term, provision or otherwise, in any one or or continuing waiver of any such same or to enforce any future compliance with or performance of of later the date to enforce the hereof. No waiver ofthe State or the County condition ofany any or the breach of or representation contained in this Agreement, whether conduct more instances, shall be deemed to be or construed as a further by condition or of the breach of that or any other term, failure to act by the State or the County constitutes a waiver provision of or representation. ofi its arise out of this Agreement, nor shall such action or failure any to act constitute rights or remedies that acquiescence in a breach ofthis Agreement, except as specifically agreed in writing. approval of or and shall be deemed given when (i) sent via electronic mail with delivery confirmation shall be in writing or (ii) when deposited in the United States mail, certified, return receipt requested, first requested; No action or Section 8.13. Notices. All notices required or permitted by this Agreement postage prepaid. Notices shall be addressed as follows: class, Iftol NCDIT via US mail: Attn: Director, Broadband Infrastructure North Carolina Department of Information Technology NC Broadband Infrastructure Office P.O. Box 17209 Raleigh, North Carolina 27619-7209 Creecy Johnson, Legal Counsel North Carolina Department of Information Technology NC Broadband Infrastructure Office P.O. Box 17209 Raleigh, North Carolina 27619-7209 greatgrant@nc.gov recyjohnsom@ncgov Eric Evans, County Edgecombe County Post Office Box 10 Office Cc: IftoN NCDIT via Email Iftot the County via US mail: Attn: Manager 35 STATE OF NORTRCAROLINA COUNTY OF WAKE Agrement#20908.466 Growing Rural Economies with Access to' Technology Agreement NCDIT Broadband Infrastructure Office Program Tarboro, NC 27886 Ifto County via Email Ifto the Grantee via US Mail nscamrstecsomlascson Pamela Sherwood Connect Holding II, LLC dba Brightspeed 1120 South Tryon Street, Suite 700 Charlotte, NC28203 Ifto the Grantee via Email: amelasherwood@brightspeed.com If, at any time during thet term ofthis Agreement, the Grantee's Authorized: Representative from the individual identified in this Agreement, the Grantee must provide written notice changes of change to Grantors pursuant to this Section within ten (10). calendar days of any such change. such Section 8.14. Public Records Act Compliance. and Confidentiality. The Grantee appropriate portions of documents or information provided to NCDIT as confidential, may consistent designate with and only to the extent permitted under N.C. Gen. Stat. $ 132-1, et seq. or other applicable law, by marking the top and bottom of each page containing confidential information with the following legend in boldface type: CONFIDENTIAL". By sO marking any page, the Grantee warrants that it has formed a good faith beliefthat the portions marked CONFIDENTIAL'met the requirements of the applicable law. NCDIT may serve as custodian of Grantee's confidential information and not as arbiter of claims against its assertion ofc confidentiality. In the event that NCDIT is served with a subpoena, discovery request, or public record request fori information has been designated by the Grantee as confidential information, NCDIT shall forward that notification thereof to the Grantee, along with the subpoena or other request. NCDIT shall written not, pursuant to the subpoena or other request, produce documents or information designated the Grantee as confidential information without Grantee's written consent or unless ordered to by do sO Section 8.15. Dispute Resolution. The Parties agree that it is in their mutual interest to resolve disputes informally. The Parties shall negotiate in good faith and use all reasonable efforts to resolve such dispute(s). During the time the Parties are attempting to resolve any shall proceed diligently toj perform their respective duties and responsibilities under this dispute, Contract. Ifa dispute cannot bei resolved between the Parties afterareasonable, period, either) Party may elect bya court of competent jurisdiction. each 36 STATE OF NORTH CAROLINA COUNTY OF WAKE Agrement#290069466 Growing Rural Economies with Access to' Technology Agreement NCDIT Broadband Infrastructure Office Program to exercise any other remedies available under this Contract, or at law. This term shall constitute an agreement by either party to mediate or arbitrate any dispute. Section 8.16. Waiver of Objections to Timeliness of Legal Action. The Grantee waives any objections it has or may have to timeliness of any legal action administrative petition or civil action) by the State (including, without limitation, (including any the County to enforce its rights under this Agreement. This waiver includes NCDIT) and/or Grantee may possess based on the statutes oflimitations or repose and the doctrines any objections the Section 8.17. Force Majeure. Except as provided for herein, no Party shall be deemed default of its obligations hereunder if and sO long as it is prevented from obligations as a result of events beyond its reasonable control, including without performing limitation, power failures, any act ofwar, hostile foreign action, nuclear explosion, riot, strikes or failures fire, refusals to perform under subcontracts, civil insurrection, flood, earthquake, hurricane, epidemic, pandemic, or other catastrophic natural event or act ofGod. not knowingly laches. ofe estoppel or to be such in or tornado, Section 8.18. Construction, Jurisdiction and Venue. This Agreement shall be construed and matters concerning this Agreement, to the exclusive jurisdiction of the courts ofl submit, North solely for and agree, solely for such purposes, that the only venue for any legal proceedings shall be Carolina Wake to it, and their situs and forum, shall be Wake County, North Carolina, where all agreements: relating sounding in contract, tort, or otherwise, relating to its validity, construction, matters, whether Section 8.19. Execution. This Agreement may be executed in one or more counterparts, each which, when executed, shall be deemed an original, and such counterparts, constitute one and the same Grant Agreement which shall be sufficiently evidenced together, Section 8.20. Agreement Overturned by Tribunal, Judge or Court. In the event decision or other ruling entered by a tribunal, judge or court against NCDIT that of sets a final this Agreement aside or otherwise requires that this Agreement be withdrawn, and/or awarded to another entity, the Parties hereby mutually agree as follows: terminated, canceled, governed by the laws of the State of North Carolina. The Parties agree and County, North Carolina. The place ofthis Agreement, and all transactions and enforcement, shall be determined. interpretation, and shall of original counterparts. by one ofsuch a. Immediate Termination of Agreement. This Agreement: shall terminate immediately upon the entry ofa final decision or other ruling against NCDIT by ai tribunal, court, that substantially impairs the Parties' abilities to perform the terms judge of this Agreement, notwithstanding the termination provisions in Article 7 ofthis Agreement. Such termination shall not eliminate or otherwise impact the Grantee's reporting obligations as set forth in this Agreement, including without limitation the termination reporting requirements in Section 2.4.dofthis. Agreement. or post- 37 STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement: #2000069466 Growing Rural Economies with Access to' Technology Agreement NCDITBroadband Infrastructure Office] Program b. NCDIT Reimbursement Obligations. NCDIT shall reimburse the Grantee only for Eligible Expenditures, in accordance with thei terms ofthis Agreement, that the Grantee has incurred up to, but not including, the date a final decision or other ruling is entered by a tribunal, judge or court against NCDIT. Under no circumstances shall NCDIT reimburse the Grantee for any Eligible Expenditures that the Grantee incurs on or after the date a final decision or other ruling is entered by a tribunal, judge or court . County Matching Funds Obligations. Ifthis Agreement is terminated pursuant to this Section 8.201 before the end of the Construction Period, the County shall have no d. Performance Enjoined. If, during the course of a proceeding challenging the Department's decision to contract with the Grantee for its Project, a tribunal,, court enjoins the performance of any Party to the Agreement, the Parties' respective judge obligations under the Agreement and the performance thereof shall immediately be suspended and shall remain suspended until such injunction is lifted or otherwise dissolved by a tribunal, judge, or court or the Agreement is immediately terminated Resumption of Performance. In the event that a tribunal, judge or court enjoins the performance of any Party to the Agreement, and at such later date the injunction is liftedorotherwise dissolved, thel Parties recognize that somei reasonablet timeframei bei required to return furloughed workers to the jobsite to continue performance under may the Agreement. Therefore, in such a situation, the Parties will agree to a reasonable timefram to resume performance under this Agreement, from the date the injunction isl lifted, without incurring any time-delay penalties otherwise applicable outside of Mutual Release and Covenant Not to Sue. Each Party releases and forever discharges each other Party from, and shall never institute any lawsuit or other action against any other Party based upon any claim or cause ofaction that arises out ofai final decision or other ruling entered byt tribunal, judge or court against NCDIT that sets this Agreement aside or otherwise requires that this Agreement be withdrawn, terminated, canceled, and/or awarded to another entity. This mutual release and covenant not to sue in no way waives any claims arising from any Party's breach ofthis Agreement itself. Conflicts Resolved. In the event of a conflict between any provisions of this Agreement and this Section 8.20, thej provisions in Section 8.20ofthis Agreement shall control where a tribunal, judge or court enjoins the performance of any Party to this Agreement and/or enters a final decision or other ruling against NCDIT that sets this NCDIT. against obligation to pay any matching funds to the Grantee. or accordance with Section 8.20.a. in Section 8.20. 38 STATE OF NORTH CAROLINA COUNTY OF WAKE Agrement#290069466 Growing Rural Economies with Access to' Technology Agreement NCDIT Broadband Infrastructure Office Program Agreement aside or otherwise requires that this Agreement be withdrawn, terminated, canceled, and/or awarded to another entity. Section 8.21. Acceptance. Ifthe Grantee and the County agree to the conditions as stated, execute this Agreement via AdobeSign. This Agreement may be withdrawn if NCDIT has please not received the executed Agreement within thirty (30) days from the date of the cover letter from NCDIT to the Grantee and the County accompanying this Agreement and Grantee Exhibits. IN WITNESSETH WHEREOF, the Parties, intending to be legally bound hereby, have read, signed, and caused this Agreement to be executed. Connect Holding II, LLC dba Brightspeed Signature: Printed Name: Title: Date: Edgecombe County Signature: Printed Name: Title: Date: 39 STATE OF NORTH CAROLINA COUNTY OF WAKE Agreement #2000069466 Growing Rural Economies with Access to' Technology Agreement NCDITI Broadband Infrastructure Office Program NC Department of] Information Technology Signature: Printed Name: Title: Date: Nathaniel Denny Deputy Secretary for the Division of Broadband and Digital Equity NC Department of Information Technology 40 Exhibit A NCDITI Disclosures 2C.F.R. 200.332 Required Disclosures Disclosure Contract Location Section 1.1 Cover letter; Exhibit B Section 1.4 Sections Section 2.1; 1.7-1.9 Exhibit B (1)Federal award identification. Subrecipient name Subrecipient's unique entity identifier; Federal Award Identification Number (FAIN); Subaward Period of Performance Start and End Date; Subaward Budget Period Start and End Date; through entity to the subrecipient; Federal Award Date of award to the recipient by the Federal Cover letter; agency; Amount of Federal Funds Obligated by this action by the pass- Section 2.2.a.; Exhibit B Total Amount of Federal Funds Obligated to the subrecipient by Section 1.4; Exhibit B Total Amount of the Federal Award committed to the Section 1.4; Exhibit B Federal award project description, as required tol be responsive to Section 1.3 the Federal Funding Accountability and Transparency Act Name of Federal awarding agency, pass-through entity, and Sections 8.13 contact information for awarding official of the Pass-through Assistance Listings number and Title; the pass-through entity Section 1.4 must identify the dollar amount made available under each Federal award and the Assistance Listings Number at time of Identification of whether the award is R&D; and Indirect cost rate for the Federal award per $ 200.414. (2)AIl requirements imposed by the pass-through entity on the Section 1.3 subrecipient sO that the Federal award is used in accordance with Federal statutes, regulations and the terms and conditions of the (3)Any additional requirements that the pass-through entity imposes Sections on the subrecipient in order for the pass-through entity to meet its own responsibility to the Federal awarding agency including identification of any required financial and performance reports; (4) An approved federally recognized indirect cost rate negotiated N/A between the subrecipient and the Federal Government. If no approved rate exists, the pass-through entity must determine the appropriate rate in collaboration with the subrecipient; (5)Ar requirement that the subrecipient permit thej pass-through entity Section 5.5 and auditors tol have access tot the subrecipient's records and financial statements as necessary for the pass-through entity to meet the the pass-through entityincluding the current financial obligation; subrecipient by the pass-through entity; (FFATA); entity; 1.1; disbursement; No Not Applicable Federal award; 2.3/2.4;5.5;6.6 requirements of this part; and A-1 Exhibit A NCDIT Disclosures (6) Appropriate terms and conditions concerning closeout of the Sections subaward. 4.6;7.4 09NCAC 03M .0703 Required Contract Provisions Provision (1) A specification of the purpose of the award, services to be Contract Section 1.3 Location provided, objectives to be achieved, and expected results; (2) The source offunds (such as federal or state) must bei identified, Section 1.4 including the CFDA number and percentages of each source (3) Account coding information sufficient to provide for tracking Cover Letter; ofthe disbursement through the disbursing agencysaccounting Agreement Header (4) Agreement toi maintain all pertinent records forap period off five Section 2.3/2.4 years or until all audit exceptions have been resolved, (5) Names of all parties to the terms of the contract. For the Sections 1.1; 8.13 recipient or subrecipient, each contract shall contain the employer/tax identification number, address, contact information, and the recipient's or subrecipient's fiscal year end (6) Signatures binding all parties to the terms of the contract. (7) Duration oft the contract, including the effective and (8) Amount ofthe contract and schedule of payment(s). (9) Particular duties oft the recipient. (10) Required reports and reporting deadlines. where applicable. system. whichever is longer. date. Section 8.19 Section 1.7 Section 2.2; Exhibit F Section 2.3/2.4 Exhibit D termination dates. (11) Provisions for termination by mutual consent with 60 days Section 7.3 written notice to the other party, or as otherwise provided by (12) A provision that the awarding of State financial assistance is Sections 2.2;2.4 subject to allocation and appropriation of funds to the agency (13) Provision that requires reversion ofunexpended State financial Sections assistance to the agency upon termination oft the contract. (14) Ap provision that requires compliance with the requirements set Sections of the State Auditor, access to the accounting records by both the funding entity and the Office of the State Auditor, and availability of audit work papers in the possession of any (15). A clause addressing assignability and subcontracting, including law. for the purposes set forth in the contract. 2.3/2.4;2.5;3.4 forth int this Subchapter, including audit oversight by the Office 5.1;5.2;5.3;5.5 2.3/2.4; 4.5; auditor of any recipient of State funding. the following: A-2 Exhibit A NCDIT Disclosures (a) The recipient or subrecipient is not relieved of any of the Section duties and responsibilities oft the original contract. (b) The subrecipient agrees to abide by the standards contained Article 6; Section in this Subchapter and to provide information in its possession that is needed by the recipient to comply with 8.11 8.11 these standards. Public Records Statement Pursuant to N.C. General Statutes, Chapter 132, public records and public information by the agencies of] North Carolina government or its subdivisions are the property oft the compiled Therefore, it is the policy of this State that the people may obtain copies of their and public information free or at minimal cost unless otherwise Except as otherwise designated under N.C.G.S.132-1.2 people. public records specifically provided by law. shall mean all documents, (Confidential Information), public records papers, letters, maps, books, photographs, films, sound magnetic or other tapes, electronic data-processing records, artifacts, or other recordings, material, regardless of physical form or characteristics, made or received ordinance in connection with the transaction of public business documentary pursuant to law or by any agency of] North Carolina government ori its subdivisions. Policies All policies OfNCDIT willl be made available upon request. A-3 Exhibit B Scope of Services Grantee, Connect Holding II, LLC d/b/a Brightspeed, Application # 1000013975 County), will carry out the terms of this contract as follows: (Edgecombe 1. Scope of the Project The Grantee shall deploy infrastructure to the approved Locations required by this upon completion ofconstruction, shall offer to thosel Locations the minimum download Agreement and, speeds identified in the Grantee's application as the base speed multiplier. The and upload multiplier chosen by the applicant is the minimum speed made available to all Locations base speed Project and must be scalable to 100 Mbps symmetrical by December 31, 2026. in the 2. Project Budget The proposed budget attached as page 2 to this Exhibit and the budget information submitted EBS by the Granteei is incorporated herein by reference and approved by NCDIT. the project budget must be made in compliance with Section 2.5 oft this 10% or more constitutes a Material Change and an Amendment to this Agreement. A change of change of less than 10% constitutes a Project Change and the criteria of Agreement Section is 2.5.b. required. A met, approved, and attached as a supplement to this Exhibit. in Any changes to must be Project Expenses GREAT Award Matching Amount (ARPA) $12,320.00 $1,050,951.00 $2,849,511.00 $2,464.00 (ISP Fund) $12,680.00 $1,081,673.00 $2,932,810.00 $2,536.00 Total $25,000.00 $2,132,624.00 $5,782,321.00 $5,000.00 Easements Materials Construction/nstalation Testing Engineering Lease/Collocation Fees (one- time fees) Other Other Other Total Match Percentage 3. $84,754.00 $4,000,000.00 85% $87,232.00 $4,116,931.00 15% $171,986.00 $8,116,931.00 100% GREAT Award and Matching Funds The GREAT Award amount in paragraph 2 above and as stated in Section 2.2 oft this Any third-party match shall not exceed 50% oft the Grantee's Match Amount. isi incorporated herein. Agreement be set out in Exhibit. J or a separate two-party agreement. Such amount shall B-1 Exhibit B Scope of Services 4. Locations The Grantee must make broadband service available to all households and for this Project. The household and business locations represent address-level businesses approved in the GREAT Grant Program Application and any adjustments due to the locations submitted ineligible locations, as required by NCDIT. A data file ofl locations approved protest NCDIT process for or available to the total: number ofl locations outlined in deployments the table below. must make broadband service Project is reflected within Exhibit I. Broadband by this Households: Businesses: Total Locations: 2776 99 2875 B-2 Exhibit C Project Milestones Documentation for deliverables should accompany thei relevant progress report and other documentation, demonstrating the achievement oft the milestones for the following Periods: requested Milestone Initial status oft the engineering and design of the project must be acquired or executed in order to construct or deploy Status oft the engineering and design of the project List and status of agreements, permits, or contractual arrangements that must be acquired or executed in order to construct or ppymiasnalmeupment Minimum of at least one Reimbursement Request has been Evidence of the start of construction Status oft the engineering and design of the project List and status of agreements, permits, or contractual arrangements that must be acquired or executed in order to construct or deployi nfrasruclurelequipment Minimum of two cumulative Reimbursement Requests have been Status oft the engineering and design of the project Lista and status of agreements, permits, or contractual arrangements that must be acquired or executed in order to construct or deployl Reported in Q6 Access is available to 10% of the locations with submission of addresses in the format designated by the Office Status of the engineering and design oft the project Lista ands status of agreements, permits, or contractual. arrangements Reported in Q7 that must be acquired or executed in order to construct or deploy infrasiruclureleguipment Completion oft the Construction Period Access is available to 100% of the locations with submission of addresses in the format designated by the Office. Beginning of Maintenance Period All reimbursement requests have been submitted Submittal of an attestation specified in Sections 2.3.a and party)or2 2.4.a. and 2.4.d. (3 party) party)or2.4.a. and 2.4.d. (3 party) party) or 2.4.a. and 2.4.d. (3 party) Description Report Progress Initial list of agreements, permits, or contractual arrangements that Reported in Q1 Infrashnuclureleguipment Reported in Q2 Progress Report Submission of Reimbursement Request by September 30, 2023 Reported in Q4 Progress Report Submission of Reimbursement Request byJune 30, 2024 submitted submitted nfasiructurelequipment Progress Report Report Progress Reported in Q8 Final Report for End of Construction Period Final submission of Reimbursement Request by March 31, 2025 2.3.d(2 Reported in Y1 Annual Submittal of an attestation specified in Sections 2.3.a and 2.3.d(2 Reported Report in Y2 Annual Submittal of an attestation specified in Sections 2.3.a and 2.3.d(2 Reported Report in' Y3 Annual Report C-1 Exhibit D Reporting Schedule for Progress Reports The Grantee is required to submit progress reports based on the following schedule: Reporting Period Effective date to December 31, 2023 January 1, 2024 to March 31, 2024 April 1, 2024 to. June 30, 2024 July 1, 2024 to September 30, 2024 October 1, 2024 to December 31, 2024 1/15/25 January 1,2025 to March 31, 2025 April 1,2025 to June 30, 2025 July 1, 2025 to September 30, 2025 Due Date 1/15/24 4/15/24 7/15/24 10/15/24 4/15/25 7/15/25 10/15/25 Report Type Q1P Progress Report Q2F Progress Report Q3 Progress Report Q41 Progress Report Q5 Progress Report Q6 Progress Report Q71 Progress Report Q8 Final Report Form for End of Construction Period Y1 Annual Progress Report (Maintenance Period) Y2 Annual Progress Report (Maintenance Period) Y3 Annual Progress Report (Maintenance Period) October 1, 2025 to September. 30, 2026 10/15/26 October 1, 2026 to September 30, 2027 10/15/27 October 1, 2027 to September 30, 2028 10/15/28 The Grantee shall submit at minimum a quarterly report during the Construction minimum an annual report during the Maintenance Period. The schedule above Period, and at two-year construction period. Grantee may: move from a quarterly to an annual assumes a full prior to the date above, ifthe construction period ofthe projecti is completed is due att thet time ofProject completion or no later than 30 days after the grant early. end-date, final whichever report is sooner. The: reporting schedule remains in effect for the duration oft the grant. The Grantee shall submit its Conflict ofInterest Policy to NCDIT prior to disbursement ofthe first payment. At any time during these reporting cycles, the Grantee may be required to submit additional information as outlined in Section 2.3.a./2.4.a. (Broadband Access and Section 2.3.c./2.4.a. (Project Milestones and Progress Reports) of this Agreement. Speeds), The final and quarterly progress report documentation is due at the time oft the end ofthe Construction Period or no later than 30 days after the Construction Period end-date, whichever is sooner. The reporting The period schedule remains in effect for the duration oft the grant. reporting Should this Agreement terminate in accordance with Section 8.20 ofthe Agreement, the Grantee's final progress report is due no later than 30 days after a final decision or other ruling is entered at tribunal,, judge or court. by D-1 Exhibit] D Reporting Schedule for Progress Reports No Overdue Tax Certification Reporting Period and Due Date The Grantee shall submit, on an annual basis in accordance with the table Overdue Tax Certification for all funds received by NCDIT. A copy oft this below, certification an updated No kept along with this Grant Agreement by NCDIT and made available review will be pursuant to Section 5.5 ofthis Grant Agreement. for Reporting Period Due Date January 1, 2023 to December 31, 2023 1/31/24 January 1, 2024 to December 31, 2024 1/31/25 January 1, 2025 to December 31, 2025 1/31/26 January 1, 2026 to December 31, 2026 1/31/27 January 1, 2027 to December 31, 2027 1/31/28 Failure to submit progress reports and No Overdue Tax Certification as more oft the following actions: required may resulti in one 1. 2. 3. 4. non-payment of payment requests; termination oft the grant; Technology grants. immediate repayment ofany funds paid pursuant to this Grant negatively impact Grantee's eligibility for future NC Department Agreement; of Information and D-2 NORTHCAROLINA DEPARTMENT OF TECHNOLOGY Exhibit E Progress Report Template NCDITI INFORMATION (Template may be revised. based on program needs or risk assessment - For current version see GREAT Grant Management Documents fademl.lménvasdhamdgo) GREAT GRANT PROGRAM Progress Report Form fort the Construction Period GRANTEINFORMATION. (to be completed by Grantee) Grantee Name: Project Contact Completing this Form: Primary Telephone: From: To: Title: Email: Reporting Period (date) (date) Contract Information Grant Agreement#: Project Title: Project County: Technology' Type: PROJECTUPDATES UPLOAD PROGRESS REPORTS' TO EBS.NC.GOV COMALAP.MOWIOSUENT PROGRESS REPORTS Please provide progress a description of accomplishments achieved and problems or during this reporting period on the categories below. delay encountered Design/Engineering: work for this project. Provide a rough estimate of how much of the design/engineering work has been completed for the total (including all project areas). (Please check one.) Provide any updates or challenges with the project design/engineering Less than 25% complete 25-75% complete 75-99.9% complete 100% complete Securing Assets: secured. Provide any updates on securing the following relevant items: rights-of-way; easements; other poles and completion ofr make-ready work; access toi towers. Provide any challenges that may land; your project design. For WISPs, please list the actual macro towers being utilized and whether significantly leases impact access to have been E-1 NORTHCAROLINA DEPARTMENT OF TECHNOLOGY Exhibit E Progress Report Template NCDIT! INFORMATION (Template may be revised based on program needs or risk assessment- :. For current version see GREAT Grant Management Documents Fatealimahadhmdzo) Materials/Supplies: Provide any updates on materials/supplies being purchased for the project. Provide challenges or delays these purchases will have on the project. any anticipated significant Stating/Contractors: contractors. Desgn/Enginering: Provide any updates with staffing/labor for the project. Provide the previous reporting period. Provide whether any challenges or changes to staffing/labor since design/engineering and construction labor is primarily in-houseor In-House Staff Contractors Both Please list names of primary contractors. consinucton/nstalaton: In-House Staff Contractors Both Please list names of primary contractors, Milestones: reporting period. Provide the status of any remaining milestone requirements listed in Exhibit C of the Grant Agreement for this E-2 NORTHCAROLINA DEPARTMENT OF TECHNOLOGY Exhibit E Progress Report Template NCDIT! INFORMATION (Template may be revised based on program needs or risk GREAT Grant assessment - For current version, see Management Documents Faeal.lndhnadamigon Project Expenditures Provide the total expenditures for all eligible expenditures as defined in the reporting period and cumulative to date. Provide Section 2.2.c. oft the Grant Agreement for applicable. Attach financial documentation as needed to any this justifications for expenditures or cost overruns, as report. Project Expenses Total Expenditures (Reporting Period) Total Expenditures (Cumulative - To Date) Easements Materials construction/nstalation Testing Engineering Lease/Collocation Fees (one-time fees) Other (Specify) Justification: Provision of Service: Iss service available yet to any GREAT locations (potential subscribers) within this project? Yes No Ifyes, please provide estimated numbers below: GREAT Households with broadband available: GREAT Businesses withl broadband: available: GREAT Ag Operations with broadband available: GREAT Community Anchor Institutions with access Estimated number of locations GRANTEES ARE REQUIRED TO REPORT ONLY ON GREAT GRANT LOCATIONS OUTSIDE OF THE CONTRACTED GREAT GRANT Completion of Construction Period of project: Broadband access is considered available if service can be completion. Upon ventication of the Final Report by NCDIT, Grantees If you have completed the entire Construction Period of this GREAT LOCATIONS. DO NOT SUBMIT ADDITIONAL INCLUDED THE REPORT WILLI BE RETURNED TO THE GRANTEE. AGREEMENT. IF ADDITIONAL LOCATIONS ARE to within ten (10) business days upon request and without cost to provided the customer the GREAT location(s) immediately or Grantees who have completed the Construction Period of the project will be other than standard connectioni fees. provided the Final Report Form for will move to the Maintenance Period ofthe grant, made service available to all GREATG Grant. and required GREAT locations, please indicate below: Yes (all construction has been completed and service availability to all locations is complete.) E-3 NORTHCAROLINA DEPARTMENT OF TECHNOLOGY Exhibit E Progress Report Template NCDIT! INFORMATION (Template may be revised based on program needs or risk assessment- For current version see GREAT Grant Management Documents slemlinénuxdhamdso) Broadband Provider (ISP) Certification and Attestation The undersigned representative of the Grantee certifies that thei information ini this and complete to the best of the signatory's knowledge and belief. The signatory further progress certifies: report ist true, correct, 1. as Authorized Representative, the signatory has been authorized to file this 2. that the Grantee has substantially complied with or will comply with all federal, progress state, and report; local regulations, and ordinances as applicable to this project; 3. that the Grantee certifies the financial and organizational strength regarding the laws, rules, to eligible. thet terms of the grant requirements and the ability to meet the potential for ability successfully meet 4. attests that the project area described in Exhibit B of the Grant Agreementi is repayment of grant funds; and SIGNATURE OF AUTHORIZED REPRESENTATIVE Date TYPED NAME AND TITLE E-4 ExhibitF Payment Process NCDIT requires regular reimbursement requests to ensure review of eligible expenditures and verify progress oft the project. Reimbursement requests may be submitted on an as-needed but no more than one time per month during the Construction Period, and at minimum basis, submitted in accordance with the respective Project Milestone for Reimbursement specified in Exhibit C. IfReimbursement Request submissions do not coincide with Requests, a Report deadline, NCDIT may request an additional Progress Report (within the Progress to accompany the Payment Request. With exception to those eligible expenditures quarter), must be as accordance with Section 2.2.e., eligible expenditures be incurred in incurred during the Construction Period. Conflict ofInterest Policy. may only Prior to disbursement of the first Reimbursement Request, the Grantee shall submit a copy ofi its In order to receive reimbursement funds, the Grantee must submit the following documentation: 1. 2. Payment Request through the NCDITI EBS portal, in accordance with thej process outlined in2 2.3.e/2.4.e; Copies of eligible expenditure invoices, all invoices shall include: date ofinvoice, invoice #, description of service or item, and the name ofthe vendor; 3. 4. Evidence showing invoices have been paid in full. Evidence may include but not limited toa copy of cleared checks or wire transfer receipts issued toward Project expenses; Proof progress reports are. in good standing; not limited to the following: 5. Any additional documentation requested by NC DIT related to the Project, including but mapping information, verification ofbroadband service to the committed locations, and verification that milestones, as defined in Section 2.3.c./2.4.c., have been met. 6. A request for budget changes must be approved prior to submitting a reimbursement request. Ifa grantee's budget has changed and does not match the Grant Agreement and the budget in the EBS Portal, the reimbursement request will be rejected in the NCDIT. One final claim may be submitted for reimbursement within 90 days from the end Construction Period. This Payment Request is subject to NCDIT receiving and date of the the 1. All final invoices and proof of payment for each invoice. All invoices must be for work The "Final Report Form for the End of Construction Period," detailed inj Exhibit C and following documentation: approving incurred prior to the end ofthe Construction Period; 2. and D; F-1 Exhibit] F Payment Process 3. Mapping files, in the NCDIT approved format, that identifies all contracted having broadband access. locations Payments are subject to the availability of funds. NCDIT will use best efforts to due to the Grantee within thirty (30) days of approval of the documentation issue the funds Grantee. submitted by the F-2 Exhibit G 31 C.F.R. PART21- Certification Regarding Lobbying Grantee certifies to the best of their knowledge and belief, that: 1. No: federal appropriated funds have been paid or will be paid, by or on behalfofthe undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, ai member of Congress, an officer or employee of an employee ofa a member of Congress in connection with the awarding of Congress, federal or contract, the making ofa any federal grant, the making ofany federal loan, the any into of any cooperative agreement, and the extension, continuation, entering amendment, or modification of any federal contract, grant, loan, or renewal, 2. Ifany funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of agency, ai member rofC Congress, an officer or employee of Congress, or an an member of Congress in connection with this federal contract, employee cooperative agreement, the Undersigned shall complete and submit Standard grant, loan, Form- or LLL, "Disclosure form to Report Lobbying," in accordance with its instructions. copy oft this form is contained in 31 C.F.R. Pt. 21,App. B. 3. Grantee shall require that the language oft this certification be included: documents for all subawards at all tiers (including contracts under grants, loans, and cooperative agreement. cooperative any of A in the award subcontracts, subgrants, and agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance transaction was made and entered into. Submission ofthis certification or entering into this transaction imposed by Section 1352, Title was placed when this is aj prerequisite for making 31, U.S. Code. Any person who fails to file the required certification shall be: to not more than $100,000 for each such failure. subject a civil penalty ofnot less than $10,000 and The Grantee certifies and affirms thet truthfulness and accuracy ofeachs statement and disclosure, ifa any. In addition, the Grantee understands and U.S.C. Chapter 38, Administrative Remedies for False Claims agrees and that ofits certification the provisions of31 Statements, apply to this certification and disclosure, ifany. Signature of Authorized Representative Print Name Date G-1 NORTHCAROLINA DEPARTMENT OF TECHNOLOGY Exhibit H Key Personnel of the Grantee NCDIT! INFORMATION GREAT GRANT PROGRAM (FEDERAL) Growing Rural Economies with Access to Technology Program Purpose: The purpose of this document is for the awardee to responsibility and delegate authority to appropriate staff to ensure The Grantee's Project Contacts table can be edited, and additional rows needed, by the user. Please include a copy of a letter on and identify determine the responsibilities of a representative from the Grant Project. This document will establish company with regards to administering the GREAT the appropriate contacts from the awardee, assign grant agreement. compliance with the executed may be added, as principal or legal counsel certifying the roles of the company letterhead by the representatives listed int the table. Definitions Awardee Name: Legal name of the awardee as indicated in the submitted Application #: The application number assigned by the Enterprise Unique Entity Identifier (UEI): Awardees must have an active identifier was referred to as the System Award application may also reference the online application portal at the time of application submission. You Business Service (EBS) required due to the use of federal funds per 2 CFR 200.206 Unique Entity Identifier. This is number as part of the registration process. The Management (SAM) ID and used the DUNS numbers to the UEI on April 4, 2022. If your organization SAM.gov does transitioned from using DUNS application # in the award letter. (link). At the time of application, the not have a UEI, please register or update your information at this link: SAM.govl Home. Principal: The person that has the authority to enter a legally Legal Counse!: The person that serves as legal counsel on behalf review the grant agreement: from the NC Department of contract North Carolina. binding with the State of of the company and will Information Technology. Fiscal Representative: The person that will submit claims for reimbursement. Authorized Representative: The person that is responsible for Construction Manager and/or Engineer: The person that is responsible Authorized User(s) for the EBS on-line portal: The person that and certifying submitting progress report documentation. the construction of broadband infrastructure. Business Services (EBS) on-line portal. Please for questions about has access to the Enterprise ensure that the authorized user has a valid H-1 NORTHCAROLINA DEPARTMENT OF TECHNOLOGY Exhibit H Key Personnel of the Grantee NCDIT! INFORMATION NCID username and password (register here). In addition, ensure that the user authorization to access the EBS (register here). has received Awardee Name: Application #: Connect Holding LLCI II dba Brightspeed 1000013975 WYXB1U3ML3 87-3811759 Unique Identify Identifier (as registered with SAM.gov) Tax Identification #: Awardee Fiscal Year End Date: December 31 Contact Information Business Name Mailing Address Email Address and Phone Connect Holding ILLC d/b/a Brightspeed 1120 South Tryon Street, Suite 700 Charlotte, NC 28203 ACRStSSaN athandabglipendon 704-314-2249 office 317-703-0882 mobile amela.sherwood@brightspeed.com 704-314-2249 Responsibility Full Name, Title Principal Pamela Sherwood, Senior Broadband Counsel Legal Counsel Pamela Sherwood, Senior Broadband Counsel Pamela Sherwood, Senior Broadband Counsel Pamela Sherwood Heather Lee Oren Keller Sr Mgr, Local Network Implementation Tucker Hickey, Sr. Fiscal Representative mRsaw 704-314-2249 CSESET 704-314-2249 eahecsahispesdcon 704-314-2357 mkeleralaspeden 908-376-1372 office 318-340-5263 mobile eserattpsion Authorized Representative Construction Manager and/or Engineer H-2 NORTHCAROLINA DEPARTMENT OF TECHNOLOGY Exhibit H Key Personnel of the Grantee NCDIT! INFORMATION Authorized User(s) for the Manager Broadband Enterprise Business Services (EBS)on-line portal Reserved for other representatives Grants Office Steve Brewer, Director State and Local Government Affairs Tucker Hickey, Sr. Manager Broadband Grants Office oathandpbgleeion 704-314-2374 masrRstssiow 704-314-2361 office 919-554-7239 mobile esedhssseion bpadhandpbnahspesicom 704-314-2374 Reserved for other representatives H-3 ExhibitI Mapping Files The Grantee must make broadband service available to all households for this project. The household and business locations in the GREAT Grant Program Application and ineligible locations as: required by NCDIT. and businesses approved represent address-level locations submitted any adjustments due to the protest process or The data file listing the locations submitted by Grantee and approved is considered a part ofthis Grant Agreement and is A copy of this data file listing these final by NCDIT for this Project the following naming structure: approved and required locations are are decimal degrees coordinates, state plane incorporated into the. Agreement by reference. being provided to the Grantee as a CSV file in locations, a separate as email previously with agreed upon by the Parties, is address dataset. The full address field contains the coordinates from the. AddressNC statewide addressing authority. Also provided for each location complete address provided by the local county map the locations in a variety ofmapping Coordinates, and Google Plus Codes that can be used to (Application number AWARD LOCATIONS.esv). The outlined in the data file, which includes addresses and latitude and longitude, US National Grid platforms. A map ofthe locations is also included in this Exhibit. I-1 APPLICATION: 1000013975 APPLICANT: Connect Holding "ILLC/Brightspeed COUNTY: EDGECOMBE Awarded Locations (2875) Dunns Sigre Miles AWARD ExhibitI Scotland Neck Whita Gethsemane Draughn 125 NC4 Battieporo Drake Hobgood Jortches Speed lifax ssing RockyMount South Rocky Mount 27 Edgecambe Tarboro Shiloh Mills Carrar Princeville Davi own 111 Sharpburg Mildred Conetoe Elm City NC Highway 42E Bells Crossroads Sharp Point Fountain I-2 f% * Saratoga EXHIBITJ COUNTY MATCHING FUNDS Edgecombe Countyi is contributing $50,000 in matching funds to Connect Brightspeed as part of this Project. Edgecombe County is Holding IIL LLCd/b/a funds fort this match. using ARPA REVENUE REPLACEMENT The funds will be wired to Connect Holding II LLCC d/b/a Brightspeed in the County receives thet final progress report for the Carolina Department of Information complete construction or the contract Technology. is the County will not be obligated to full within 30 days after Construction Period from the North Grantee hereby agrees that if it is unable to terminated priori to the end of the construction period, pay this amount to Grantee. The County and the Grantee will notify NCDIT of any changes to this Exhibit such change(s). within 30 days of Edgecombe County Name: Eric Evans Connect Holding II LLC d/b/a Brightspeed Name: Signature: Signature: Title: County Manager Title: Date: July 31, 2023 Date: C a a @ o W in 53 EB & y