cOL  LEE COUNTY BOARD OF COMMISSIONERS  MCSWAIN EXTENSION EDUCATION AND AGRICULTURE CENTER  2420 TRAMWAY ROAD SANFORD, NC 27330 June 3, 2024 MINUTES  Roll Call  Present: Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,  Mark Lovick, Taylor Vorbeck CALL TO ORDER INVOCATION  Chairman Kirk Smith called the meeting to order at 6:00 p.m.  Commissioner Bill Carver provided an invocation a led the Board and meeting attendees  in the Pledge of Allegiance. PLEDGE OF ALLEGIANCE I. ADDITIONAL AGENDA Mover: Taylor Vorbeck Taylor Vorbeck Absent: 1- Robert Reives Motion Result: Passed  Motion: Motion to approve the Agenda as presented.  For: 6- Dr. Andre Knecht, Cameron Sharpe, Kirk Smith, Bill Carver, Mark Lovick,  II. APPROVAL OF CONSENT AGENDA  Commissioner Robert Reives arrived at 6:02 p.m.  Motion: Motion to approve the Consent Agenda as presented.  Mover: Taylor Vorbeck Taylor Vorbeck, Robert Reives Motion Result: Passed  For: 7- Dr. Andre Knecht, Cameron Sharpe, Kirk Smith, Bill Carver, Mark Lovick,  II.A Minutes from the May 6, 2024 Regular Meeting    BOC Regular Meeting Minutes.5624.mna.pdt  II.B May 6, 2024 Closed Sessions Minutes  II.C Minutes from the May 15, 2024 All Boards Meeting II.D Minutes from the May 20, 2024 Regular Meeting BOC Regular Meeting Minutes_ 5-20-24_final.pdr  BOC_ALBoards.SpecialMeein.Mnuss.51524.finalpar  II.E Memorandum of Understanding.MOU) between Department of Health and Human  Services (DHHS) and Lee County  SFY 2024-25 and 2025-26 MOU Cover Letter.pdf County MOU and Data Sharing MOA 2024-25 and 2025- 26.pdf Atachmenti-Per.Measures-2.1524pdr Attachment2- PertMeasures-2.15.24.pdf DSS-PeriMeasures-Factsheet 2.15.24.pdf. Aduitservices-PeriMeasures-2.15.24.pdr ChidSuppont-PeriMermeasures21524pddrChidWelare- Pereasues21524padr EnergyPrograms-PerfMeasures- 2.15.24.pdf FodNuttion-Per.weasures21524pdf WorrISt-Permweasures-2.15.24par II.F Aramark Food Services Contract Amendment FY 2024-2025 FY: 2025 Aramark for Senior Services and Lee Co Jail.pdf Aramark contract 31 MAY 2006.pdf  I.G Restructuring Fee Schedule for the Lee Primary Care Clinic a nd Sliding Fee Scale II.H Memorandum of Agreement (MOA) between Lee County Schools and the Lee  LPCS SFS.pdf  County Health Department for FY 24-25 SNIF_Nurse.MOA_FY25.revisedwP (2).pdf  II.I County of Lee Transit System NCDOT Grant Application FY26 FY 2026 NCDOT Lee Co Phase 1 approval to apply.pdf FY 2026 NCDOT Lee Co Phase 1 signature docs.pdf Department Grant Information Form FY26 NCDOT.pdf  I.J Empowering Lives Contract Renewal Empowering Lives Contract  IIK Amendment to Buggy Factory Lease with the City of Sanford FUlly Executed City Lease-Buggy-pd: City Lease Amendment Buggy Factory 2024.pdf    I.L Wellness Clinic Contract  ocapnatonpnase10453 1st Amendment Occ Health (002).pdf  Wellness Clinic 2023 Agreement.pdf Final Resolution Texas Square.pdf Leller.o.Legslatospadr  II.M Corrected Resolution Authorizing the Sale of Property at 1413 Texas Square II.N Letter of Support to NC Legislators for VIPER Infrastructure Funding  III. PUBLIC COMMENTS IV. PUBLIC HEARING  - Sheryl Davis, 2301 Tramway Road (Souther Lee High School Auditorium)  IV.A Public Hearing for the Proposed FY 2024-2025 Fire District Rates Chairman Smith opened the public hearing at 6:08 p.m.  No one spoke in favor of the proposed FY: 2024-2025 fire district rates.  Those who spoke against the proposed rates: David Smoak, 96 North Ridge Trail  Chairman Smith closed the public hearing at 6:12 p.m. Proposed fire district rates for FY 2024-25.pdf IV.B Public Hearing for FY 2024-2025 Budget  Chairman Smith opened the public hearing at 6:12 p.m. No one spoke in favor of the recommended FY: 2024-2025 budget.  Those who spoke against:  -Eric Davidson, 3119 Wild Forest Road - presenting comments on behalf of Alan Rummel, a copy of which (including comments related to the Capital Improvements  Program) is attached and incorporated into these minutes. Jaime Laudate, 1806 Crepe Myrtle Road David Smoak, 96 North Ridge Trail Kayla Wibalda, 2301 Tramway Road  Chairman Smith closed the, public hearing at 6:40 p.m.  6. Exhibit 1.pdf  IV.C Public Hearing on the Capital improvements Program (CIP) for FY 2025-2029  Chairman Smith opened the public hearing at 6:40 p.m.  No one spoke in favor of the recommended Capital Improvements Program (CIP)  for FY 2025-2029.    Those who spoke against:  Heather Garrity, 2012 Cedar Lake Road Ron Coley, 873 Golden Horseshoe Lane David Smoak, 96 North Ridge Trail Kelli Laudate, 1806 Crepe Myrtle Road  A Alexa Hughes, 907 Merchants Court, and the Lee County High School Show Choir  Chairman Smith closed the, public hearing at 6:54 p.m.  9b. Requested V Recommended Projects REQUESTED FY25-FY29.pdf 9c. Requested V Recommended Projects RECOMMENDED FY25-FY30.pdf  V. OLD BUSINESS VI. NEW BUSINESS VII. MANAGERS' REPORTS VIII. COMMISSIONERS COMMENTS  ADJOURN Mover: Robert Reives Lovick, Taylor Vorbeck Motion Result: Passed  Motion: Motion to adjourn. The Board adjourned at 7:10 p.m.  For: 7- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, Mark  Kifk Smith, Chairman Hobitw  Lee County Board of Commissioners  ATTEST: Hailey  Clerk  FECOUN  u AL  AE    MEMORANDUM OF UNDERSTANDING (FISCAL YEAR 2024-25 and 2025-26)  BETWEEN AND  THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES  Lee  COUNTY  A Written Agreement Pursuant to N.C. Gen. Stat. S 108A-74, an Act of the North Carolina General Assembly  This Memorandum of Understanding ("MOU") is made by and between the North Carolina Department of Health and Human Services, (hereinafter referred to as the "Department") and Carolina (hereinafter referred to as the "County") to comply with the requirements of law, N.C. Gen. Stat. $ 108A-74. The Department and the County may be referred to herein individually as  Lee  County a political subdivision of the State of North  a"Party" and collectively as the "Parties."  TERMS OF UNDERSTANDING  In consideration of the mutual promises and agreements contained herein, as well as other good and valuable consideration, the sufficiency ofwhich is hereby acknowledged by the Parties, the Parties agree to this MOU, effective. July 1,2024, in compliance with the mandates oflaw enacted by the North Carolina General Assembly and in recognition of possible amendments by the General Assembly, the Parties further agree to conform to changes made to the law,  notwithstanding a contractual term previously agreed upon.  1.0 Parties to the MOU  The only Parties to this MOU are the North Carolina Department of Health and Human Services  and Lee North Carolina.  County, a political subdivision of the State of  1.1 Relationships of thel Parties  Nothing contained herein shall in any way alter or change the relationship of the parties Parties as defined under the laws of North Carolina. It is expressly understood and agreed that the enforcement of the terms and conditions of this MOU, and all rights of action relating to such enforcement, shall be strictly reserved to the Department and the County. Nothing contained in this document shall give orallow any claim or right ofaction whatsoever by any otherthird person. Itist the express intention oft the Department and County that any such person or entity, other than the Department or the County, receiving services or benefits under this MOU shall be deemed an Subcontracting: The County shall be responsible for the performance of all ofi its subcontractors. The County shall disclose the names ofits subcontractors to thel Department within thirty (30)days of the execution thereof. The County shall also provide additional information concerning its subcontractors as may be requested by the Department within thirty (30) days of the request. The  incidental beneficiary only.  Page 1of21    County additionally agrees not to enter into any confidentiality agreement or provision with a subcontractor or other agent to provide services related tothisl MOU that would prevent or frustrate the disclosure ofinformation to the Department. Subcontractors shall be defined under this MOU to mean any party the County enters into a contractual relationship with for the complete administration of one or more social services programs covered by this MOU. Temporary employees hired by the County shall not be considered subcontractors under this MOU. Assignment: No assignment of the County's obligations or the County's right to receive any funding made in any way concerning the matters covered by this MOU hereunder shall be  permitted.  2.0 Terms of the MOU  The term of this MOU shall be for a period of two years beginning July I, 2024 and ending  June 30, 2026.  2.1 Default and Modification  Default: In the event the County fails to satisfy the mandated performance requirements as set forth in Attachment I or fails to otherwise comply with the terms of this MOU, the Department may withhold State and/or federal funding. Any such withholding shall be in compliance with, Performance Improvement: Prior to the Department exercising its authority to withhold State and/or federal funding for a failure to satisfy the mandated performance requirements set forth in Attachment) I or failure to meet the terms oft this MOU, thej process for performance improvement set forth inl N.C. Gen. Stat. $ 108A-74 will govern. Nothing contained in this MOU shall supersede or limit the Secretary's authority to take any action otherwise set forth in N.C. Gen. Stat. $ 108A-74. Waiver of Default: Waiver by the Department of any default or breach in compliance with the terms ofthis MOUbyt the County shall not be deemed a waiver ofany subsequent default or breach and shall not be construed to be modification oft the terms oft this MOU unless stated to be such in writing, signed by an authorized representative oft the Department and the County and attached to Force Majeure: Neither Party shall be deemed to be in default ofi its obligations hereunder ifand sO long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, public Modification: The terms and conditions oft this MOU may only be modified by written agreement  and as allowed by, state and/or federal law.  thel MOU.  health emergency or other catastrophic natural event or act of God. oft the Parties, signed by an authorized representative of thel Parties.  Page 2of21    3.0 MOU Documents  The Recitals and the following attachments are incorporated herein by reference and are part of (1) The portions hereofprecedingi the TemmsofUnderstanding, including but notl limitedi toi the introductory paragraph and the Recitals, which are contractual as well as explanatory.  this MOU:  (2) The Terms ofUnderstanding a. I-A: Energy Programs b. I-B: Work First  (3) Addendum A - Data Sharing Memorandum of Agreement (4) Attachment I- Mandated Performance Requirements:  I-C: Food and Nutrition Services d. I-D: Child Welfare - Foster Care I-E: Adult Protective Services f. I-F: Special Assistance g. I-G: Child Support Services (5) Attachment II - Child Welfare CFSR  4.0 Entire MOU  This MOU and any documents incorporated specifically by reference represent the entire agreement between the Parties and supersede all prior oral or written statements or agreements  between the Parties. 5.0 Definitions  While "County" is used as an abbreviation above, the following definitions, some of which are (1) "County department of social services" also means the consolidated human services (2) "County directorofsocial: services" also means the human services director, whichever (3) "County board of social services" also means the consolidated human services board, (4) "Child welfare services or program" means protective, foster care, and adoption services related to. juveniles alleged to be abused, neglected, or dependent as required (5)"Social services programs" or "Social services programs other than mediçal assistance" means social services and public assistance programs established in Chapter 108A other than the medical assistance program (Part 6 ofArticle 2 of Chapter 108A). This includes, but is not limited to, child welfare programs, adult protective services, guardianship services for adults, and programs of public assistance established in Chapter 108A. It also includes the child support enforcement program, as established in Article 9 of Chapter 110 oft the General Statutes, and the North Carolina Subsidized  contained inl N.C. Gen. Stat. $ 108A-74(a), also apply to this MOU:  agency, whichever applies.  applies. whichever applies.  by Chapter 7B ofthe General Statutes.  Child Care Program.  To the extent that any term used herein is defined by a statute or rule applicable to the subject matter ofthis MOU, the statutory or rule definition shall control. For all remaining terms, which  Page 3 of21    are not defined! by statute orrule, those terms shall havet theirordinary meaning. Should any further definition be needed, the Parties agree that the meanings shall be those contained in the current version (as oft the time the dispute or question arises)ofBlacksLaw. Dictionary, and ifnot defined therein, then ofaj published unabridged modern. American English Languagel Dictionary published  since the year 2000.  6.0 Audit Requirements  The County shall furnish to the State Auditor, upon his/her request, all books, records, and other information that the State Auditor needs to fully account for the use and expenditure ofs state funds in accordance with N.C.G.S. $ 147-64.7. Additionally, as the State funding authority, the Department ofHealth and Human Services shall have access to persons and records as a result of  all contracts or grants entered into by State agencies or political subdivisions.  7.0 Record Retention  The County shall retain records at its own expense in accordance with applicable State and Federal laws, rules, and regulations. The County shall facilitate and monitor the compliance of its subcontractors with all applicable requirements of record retention and disposition. In order to protect documents and public records that may be the subject ofl Department litigation, the Department shall notify the County of the need to place a litigation hold on those documents. The Department will also notify the County ofthei release ofthe litigation hold. Ifthere is nol litigation hold inj place, the documents may be destroyed, disposed of, or otherwise purged through the biannual Records Retention and Disposition Memorandum from the DeparumentsComtrollers Office.  8.0 Liabilities and Legal Obligations  Each party hereto agrees tol be responsible for its own liabilities and that ofits officers, employees, agents or representatives arising out ofthis MOU. Nothing contained herein isi intended to alter or change the relationship ofthe Parties as defined under the laws of the State ofl North Carolina.  9.0 Confidentiality  Any medical records, personnel information or other items exempt from the NC Public Records Act or otherwise protected by law from disclosure given toi the Department or to the County under this MOU shall be kept confidential and not divulged or made available to any individual or organization except as otherwise provided by law. The Parties shall comply with all applicable confidentiality laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the administrative simplification rules codified at 45 Parts 160, 162, and 164, alcohol and drug abuse patient records laws codified at 421 U.S.C. $290dd- 2 and 42 CFR Part 2, and the Health Information Technology for Economics and Clinical Health Act (HITECH Act) adopted as part of the American Recovery and Reinvestment Act of 2009  (Public Law 111-5).  Page 4 of21    10.0  SecretarysAuthoriy Undiminished  Certain functions delegated to the County pursuant to this MOU are the duty and responsibility of thel Department as the grantee off federal grant funds. The Parties understand and agree that nothing in this MOU shall be construed to diminish, lessen, limit, share, or divide the authority of the Secretary of the Department to perform any of the duties assigned to the Department or its Secretary by the North Carolina General Statutes, the terms and conditions of the federal funds and their applicable laws and regulations or other federal laws and regulations regarding any federal funding which is used by the Department to reimburse the County for any of its duties  under this MOU. 11.0  MOU does not Diminish Other Legal Obligations  Notwithstanding anything to the contrary contained herein and to facilitate the mandated performance requirements ofl N.C. Gen. Stat. $ 108A-74, the Parties acknowledge and agree that this MOU is not intended to supersede or limit, and shall not supersede or limit, the County's obligations to comply with all applicable: 1) federal and state laws; 2) federal and state rules; and 3) policies, standards, and directions of the Department, as all such currently exist and may be  amended, enacted, or established hereafter.  12.0  Notice  The persons named below shall be the persons to whom notices provided for in this MOU shall be given. Either Party may change the person to whom notice shall be given upon written notice to the other Party. Any notice: required under this MOU will only be effective ifa actually delivered to the Parties named below. Delivery by hand, by first class mail, or by email are authorized methods For the Department of Health and Human Services, Division of Social Services IFDELIVERED BY US POSTAL SERVICE IFD DELIVERED BY ANY OTHER MEANS  tos send notices.  Carla West, Division Director, Human Services Carla West  NCDHHS 2417 Mail Services Center Raleigh, NC27699-2001  NCDHHS Dorethea Dix Campus, McBryde Building Phone: 919-855-4755 E-mail: carla.vesi@dhhsnegov  Page 5 of 21    Lee For  County:  IFD DELIVERED BY US POSTAL SERVICE IFI DELIVERED BY ANY OTHER MEANS  Takishia McMiller, Director Lee County DSS PO BOX 1066 Sanford, NC27331  Takishia McMiller, Director Lee County DSS 530 Carthage Street Sanford, NC2 27330  13.0  Responsibilities ofthe Department  The Department hereby agrees that its responsibilities under this MOU are as follows: (1) The Department shall develop performance requirements for each social services program based upon standardized metrics utilizing reliable data. The performance (2) Thel Department shall provide supervision, program monitoring and technical assistance to (3) The Department shall provide leadership and coordination for developing strategies that address system-level barriers to the effective delivery of social services programs, including but not limited to: the Administrative Office of Courts, the LME/MCO, Department of Public Instruction, and the Department of Public Safety. (4) The Department shall have the following administrative responsibilities:  requirements are identified in Attachments I and II. the counties in the administration ofs social services programs.  a. StaffTraining and Workforce Development:  i. Develop training requirements for county personnel and provide guidance for adequate staffing patterns related to the provision of social services programs. The Department will publish annually, a list of required and recommended trainings for county personnel directly involved in the administration of social services programs covered under this MOU. ii. Developtraining curricula and provide, timely, adequate açcess to statewide training opportunities for county personnel related tot the provision ofsocial services programs. Training opportunities may include in-person, self- ii. The Department will publish at training calendar, at least quarterly,notifying iv. Provide timely written guidance related to new federal or state statutes or regulations. The Department will provide information thirty days in advance of the effective date of new policy to the extent feasible or practicable, including interpretations and clarifications ofexisting policy. V. Provide technical assistance and training in areas where quality control, monitoring or data indicates al lack ofcorrect application oflaw, rule or policy. Monitor and evaluate county compliance with applicable federal and state ii. Provide feedback to counties with recommended changes when necessary. ili. Monitort rthat all financial resources related to the provision ofsocial services programs covered by this MOU are utilized by the county in compliance  guided, web-based and remotely facilitated programs. the counties oft training opportunities.  b. Performance Monitoring:  laws, rules and policies.  with applicable federal and state laws.  Page 6 of21    Data Submission:  i. Maintain and review data submitted by counties pursuant to the mandatory ii. Provide counties with reliable data related to their performance requirements as well as accuracy and timeliness of programs in accordance with state and federal program guidelines. This includes but is not limited to processing applications and recertification, quality control standards, iii. The Department shall be responsible for the maintenance and functionality ofits information systems utilized in the statewide administration ofs social i. Provide counties with clarification or explanation of law, rule or policy governing social services programs when necessary or as requested. ii. Disseminate policy on social services programs and provide counties with iii. Provide timely information to counties on any changes to federal law or iv. Provide counties with a timely response to requests for technical assistance V. Maintain all policies covering social services programs in a central, accessible location. Policies will be updated, to the extent possible, in advance of the effective date ofany new policies or policy changes. vi. Provide counties with an opportunity to submit questions, concerns and feedback related to the administration of social services programs to the Department and provide County a timely response to such communication. vii. Communicate proactively with the County Director of Social Services on matters that affect social services programs covered under this MOU. Communication shall be timely, and alerts sent to counties to let them know viii. Communicate directly with the County Manager, Governing Boards, and the County Director of Social Services on matters including but not limited to, corrective action, and significant changes to law, rule and policy that impact the administration ofs social services programs covered by thisl MOU. i. Provide guidance to counties in the event they are unable to reacha a resolution on a conflict ofinterest that arises related to the provision of social services programs covered by this MOU. ii. Provide guidance for county DSS personnel on federal and state Emergency Management, mass shelter, Business Continuity Plan (BCP) and Continuity of Operations Plan (COOP) requirements. ii. Coordinate with and communicate to county DSS agencies regarding available and required training opportunities associated with DSS Mass iv. Assist and support counties as needed in implementation of operational functions of mass shelter operations and as needed during other  performance requirements.  program statistics and fiscal information. services programs covered by this MOU.  d. Communication:  timely information on any updates toj policy. policy made known to the Department.  or guidance.  ofthe upcoming changes.  Inter-agency Coordination:  Shelter, BCP and COOP responsibilities. emergencies as they arise.  Page7of21    (5)1 The Department shall timely meet all of its responsibilities contained in this MOU. "Timely" shall be defined consistent with timeliness requirements set forth in relevant statute, regulation, and policy. Where timeliness is not otherwise defined, "timely" shall  mean within a reasonable time under the circumstances.  14.0  Responsibilities ofthe County  The County hereby agrees that its responsibilities under this MOU are as follows:  (1) The County shall adhere to the mandated performance requirements for each social services program as identified in Attachment I. The County will ultimately work toward achievement of the Standard Measure for all performance requirements set forth in (2) The County shall comply with the following administrative responsibilities:  Attachments Ia and II.  a. Staff Requirements and Workforce Development:  i. The personnel, including new hires and existing staff, involved in the County's provision of social services programs covered by this MOU shall complete all required and necessary training, which is documented as i. Perform activities related toi its social services programs in compliance with all applicable federal and State laws, rules, regulations and policies. Nothing contained herein is intended to, nor has the effect of superseding orr replacing state law, rules or policy related to social services programs. ii. Develop and implement internal controls over financial resources related to the County's social services programs to ensure that all financial resources are used in compliance with applicable federal and state laws. iii. Provide and adhere to corrective action plans as required based on i. Maintain accurate, thorough records ofa all social services programs covered by this MOU, in particular, records related to the mandated performance requirements that can be accessed for the purpose of data collection, service ii. Ensure reliable data entry into state systems utilized for the administration ii. Provide, upon request, data to the state for the purpose of, but not limited to, conducting monitoring, case file reviews, error analysis and quality control. iv. Utilize data to understand the performance of their county and to conduct analysis andi implement changes where needed if performance measures are i. Respond and provide related action in a timely manner to all ii. Provide timely information on all matters that have a potential negative impact on the social services programs they administer, including but not limited to, litigation risks (not including child welfare cases governed by Chapter 7B or adult services cases governed by Chapter 35A or 108A),  required by federal and state law and policy.  b. - Compliance:  monitoring findings and the Single Audit.  Data Submission:  provision, monitoring or consultation.  ofsocial services programs covered under this MOU.  not being met.  d. Communication:  communications received from the Department.  network and computer issues, or data breaches.  Page 8 of21    iii. Provide timely information regarding temporary or permanent changes to the Social Services Governing Board. or the County Social Services Director, including retirements, separations, or any leaves of absence . Ensure that county social services personnel complete required training and are prepared to engage in Disaster Management, mass shelter, BCP ii. Ensure that all plans and systems are inj place to meet potential disaster (natural, technical, otherwise) response requirements. iii. Engage with DHHS, state Emergency Management and local leadership in iv. Assist or operate mass shelter operations or other required disaster  greater than two calendar weeks.  e. - Inter-agency Cooperation:  and COOP operations.  associated efforts. management responsibilities.  (3) The County shall timely meet all its responsibilities contained in thisl MOU. "Timely" shall be defined consistent with timeliness requirements set forth in relevant statute, regulation, policy or as otherwise required by the Department. Iftimeliness is not otherwise defined,  "timely" shall mean within a reasonable time under the circumstances.  15.0  Data Security and Reporting  Data Security: The County shall adopt and apply data privacy and security requirements to comply with all applicable federal, state, department and local laws, regulations, and rules. Thel Parties hereby adopt and incorporate the terms of the Data Sharing Agreement attached as Addendum A as ift fully Duty to Report: The County shall report all privacy and security incidents related to the provision ofsocial services programs covered by the MOU to the Department and the Privacy and Security Office within twenty-four (24) hours after the privacy and security incident is first discovered, provided that the County shall report a breach involving Social Security Administration data or Internal Revenue Service data within one (I)hour after the incident is first discovered. During the performance of this MOU, the County is to notify the Department of any contact by the federal Office for Civil Rights (OCR) received by the County related to the provision of social services programs covered by the MOU. In case of a privacy and security incident, the County, including any subcontractors or agents it retains, shall fully cooperate with the Department.  set forth herein.  16.0  Miscellaneous  Choice ofLaw: The validity oft this MOU and any ofits terms or provisions, as well as the rights and duties oft the Parties to this MOU, are governed by the laws ofNorth Carolina. The Parties, by signing this MOU, agree and submit, solely for matters concerning this MOU, to the exclusive jurisdiction of the courts ofl North Carolina and agrees, solely for such purpose, that the exclusive venue for any legal proceedings shall be Wake County, North Carolina. The place of this MOU and all transactions and agreements relating to it, and their situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in contract or tort, relating to the validity,  construction, interpretation, and enforcement shall be determined.  Page 9 of21    venue for any legal proceedings shall be Wake County, North Carolina. The place of this MOU and all transactions and agreements relating toi it, and their situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in contract or tort, relating to the validity, Amendment: This MOU may not be amended orally or by performance. Any amendment must be made in written form and executed by duly authorized representatives ofthe Department and the County. The Parties agree to obtain any necessary approvals, ifany, for any amendment prior tos such amendment becoming effective. Also, the Parties agree that legislative changes to state Effective Date: This MOU shall become effective July 1, 2024 and shall continue in effect until Signature Warranty: Each individual signing below warrants that he or she is duly authorized by the party to sign this MOU and to bind the party to the terms and conditions oft this MOU.  construction, interpretation, and enforcement shall be determined.  law shall amend this MOUL by operation ofl law to the extent affected thereby.  June 30, 2026.  LeeCounty, BY:  BY: TITLE: DATE:  Name  Name  Pobuite  TITLE: Chair, Lee County Board of  Commissioners  DATE: 4:3-2014  North Carolina Department of Health and Human Services  BY: DATE:  Secretary, Department of] Health and Human Services  Page 10 of21    ADDENDUM A: DATA SHARING MEMORANDUM OF AGREEMENT  Between  North Carolina Department of Health and Human Services  And  Lee  County  This Data Sharing Memorandum of Agreement (MOA) between the North Carolina Department of Health and Human Services (NC DHHS or Agency) and referred to as the Parties) establishes the agreement between the Parties regarding the County's access to, and use and disclosure of, all confidential data and information provided by the Agency tot the County, for purposes of administering North Carolina's public assistance and public service  Lee  County (County) (and collectively with Agency  programs.  1. PURPOSE AND SCOPE  The purpose ofthis MOA is to identify certain roles and responsibilities ofe each party as it relates to the sharing and use of all confidential data and information provided by the Agency to the County in connection with the administration ofl North Carolina's s public assistance programs as well as the County's administration and performance of other public services delegated to it by law (collectively referred to as NCDHHS Data). For purposes of this MOA, NCDHHS Data,  includes, but is not limited to:  a. Social Security Administration (SSA) data;  b. Federal Tax Information (FTI) as defined in the current IRS Publication 1075, Tax Information Security Guidelines for Federal, State and Local Agencies (IRS Publication C. - protected health information as defined by 45 CFR 160.103; d. personal information, as defined by the North Carolina Identity Theft Protect Act, e. identifyingi information, as defined by N.C.G.S. $ 14-113.20(b); and names or otheri information concerning persons applying for or receiving public assistance ors social services which are confidential pursuant to N.C.G.S. $108A-80.  1075);  N.C.G.S. $75-61(10);  More specifically, the objectives ofthis MOA are to:  Manage the information technology process and systems pertaining to the NCDHHS Data provided by the Agency to the County, and received by the County from the Agency, to ensure compliance with all applicable federal and state laws, regulations, standards and policies regarding the confidentiality, privacy and security ofthis NCDHHS Data.  Page 11 of21    Enhance the County' 's secure: receipt, access to, and use OfNCDHHS Data provided by the Allow the County to access and utilize NCDHHS Data provided by the Agency for purposes sofadministering North Carolina's public assistance and public service programs.  Agency to the County.  2. BACKGROUND  The Agency administers and oversees a variety of public assistance and public service programs for the State of North Carolina (collectively, Public Assistance Programs), including, but not  limited to, the following:  NCI Medicaid Program  NC Health Choice for Children (North Carolina's CHIP Program) NCI Food and Nutrition Services (North Carolina's SNAP Program) Work First (North Carolina's Temporary Assistance for Needy Families program)  Temporary Assistance for Needy Families Supplemental Nutrition Assistance Program Women, Infants and Children (WIC) Adult and Family Services Child Support Services Child Welfare Services  As part ofit its role pertaining to these Public Assistance Programs, the Agency receives, maintains, and stores certain data pertaining to applicants for, and recipients participating in, the Public The County administers the daily operations of many of the Public Assistance Programs at the local level, in accordance with State and Federal law, and policies and rules adopted by the Agency. As part ofits role pertaining to these Public Assistance Programs, the County accesses and utilizes certain data pertaining to applicants for, or recipients participating in, the Public Assistance The Agency and the County agree to work cooperatively to ensure that NCDHHS Data is available tot the County for purposes ofadministering North Carolina's Public. Assistance Programs, and that the County accesses and utilizes NCDHHS Data in accordance with applicable federal and state laws, regulations, standards and policies governing confidentiality, privacy and security of the NCDHHS Data and the terms ofthis MOA. The parties acknowledge and agree that this MOA is intended to continue and renew and prior similar memorandum of agreement in place between the  Assistance Programs, which includes NCDHHS Data.  Programs, which includes NCDHHS Data.  Parties which was effective on or about October 14, 2016.  Page 12 of21    3. AUTHORITY OF PARTIES  Each Party is an agency of the State of North Carolina and operating pursuant to its respective statutory authority and obligations. This MOA is authorized under the provisions ofN.C.G.S. SS 108A-25, 108A-54, and 153A-11 and Article 13 of Chapter 153A ofthe North Carolina General Statutes, and the implementing recommendations or regulations of these laws, if any. For the convenience of the Parties and avoidance of doubt, the Parties acknowledge and agree that NC DHHS is the "Agency" as such term is used in IRS Publication 1075, and that the County is a statutory agent but not a "contractor" or "agent" as such term is used in North Carolina statutory or common law. The. Agency acknowledges it is authorized to receive and use FTI pursuant to 26  U.S.C. $6103.  4. PARTIES' ROLES AND RESPONSIBILITIES  Pursuant and subject to this MOA, the Agency shall provide to the County NCDHHS Data pertaining to the Public Assistance Programs, through access to the Agency's information technology systems utilized in conjunction with the Public Assistance Programs. These information technology systems include, but are not limited to, the Agency's current NC FAST case management system (NC FAST), and the legacy information systems which preceded NÇ FAST (collectively, NCDHHS Information Systems). The NCDHHS Information Systems are secured via Agency access control mechanisms and related procedures, including, but not limited to, Resource Access Control Facility (RACF), North Carolina Identification (NCID), and Web Identity Role Management Portal (WIRM) (collectively, NCDHHS Access Controls). All NCDHHS Data that the. Agency provides to the County shall remain confidential and secure atall times. Confidentiality and security oft this NCDHHS Data will be maintained by the County in accordance with all applicable federal and state laws, regulations, standards and policies governing this NCDHHS Data and in accordançe with the terms ofthis MOA. Only appropriately authorized County employees and contractors whose job responsibilities require access to the NCDHHS Data will be granted access to the NCDHHS Data, through the NCDHHS Information Systems and NCDHHS Access Controls. Any data, records or other information shared through this MOA are protected from unauthorized use and disclosure and shall be accessed and used by the County solely for purposes ofa administering and operating the Public Assistance Programs.  NCDHHS agrees:  a. Toj provide NCDHHS Data to the County through access to the NCDHHS Information Systems in strict accordance with the NCDHHS Access Controls and in accordance b. Toallow the County to access and utilize thel NCDHHS Data to. administer and operate  with the terms ofthis MOA. the Public Assistance Programs.  Page 130 of21    C. To allow appropriately authorized County employees and contractors whose job responsibilities require access to the NCDHHS Data to access and utilize the NCDHHS Data through access to the NCDHHS Information Systems, to the extent needed to d. To work cooperatively with the County regarding County employee and contractor access to NCDHHS Data and NCDHHS Information Systems, and compliance with  perform theirj job responsibilities.  this MOA and applicable law.  e. To be responsible for supervision ofits own employees and contractors.  The County agrees:  a. Togrant access tol NCDHHS Data through accesstothel NCDHHS Information Systems only to County employees and contractors authorized in strict accordance with the NCDHHS Access Controls and in accordance with the terms ofthis] MOA. The County shall conduct background checks for individual employees prior to authorizing their b. To ensure the NCDHHS Data and NCDHHS Information Systems are accessed and utilized only for the purposes authorized by law and under this MOA in conjunction with the administration and operation of the Public Assistance Programs. C. To grant access to the NCDHHS Data only to appropriately authorized County employees and contractors whose job responsibilities require access to the NCDHHS Data, and only for purposes of administering and operating the Public Assistance d. To ensure NCDHHS data is available only to persons authorized by law and this MOA e. To ensure NCDHHS Information Systems are accessed only by persons authorized by To obtain prior written permission from NCDHHS for the disclosure of any NCDHHS Data to any contractor. IfNCDHHS approves disclosure of any NCDHHS Data to a County contractor, the County shall ensure the contractor is provided a copy oft this MOA and signs a written agreement with the County acknowledging receipt ofa copy of this MOA and agreeing to comply with the terms of this MOA as it relates to the g. To obtain prior written permission from NCDHHS for granting access to any of the NCDHHS Information Systems to any contractor. IfNCDHHS approves access ofa contractor to any NCDHHS Information System, the County shall ensure the contractor is provided a copy of this MOA and signs a written agreement with the  access to FTI.  Programs.  to access and use thel NCDHHS Data.  law and this MOA to access the NCDHHS Information Systems.  contractor's: access to NCDHHS Data.  Page 14of21    County acknowledging receipt ofa copy of this MOA and agreeing to comply with the terms oft this MOA as it relates to the contractor's access tol NCDHHS Information Systems. h. To ensure that all information technology systems receiving, storing, processing, or transmitting FTI meet the requirements in IRS Publication 1075, including the requirements set forthi inl Exhibit7 7toIRS Publication 1075,acopy of which is available Tomaintain a current list ofemployees and contractors authorized to access and utilize the NCDHHS Data provided by the Agency pursuant to this MOA, and to provide the Tos submit, when requested by the Agency, a written certification that continuous security monitoring has been performed in accordance with applicable requirements. Additionally, the County will submit a written certification that all mainframe and network device configurations supporting the County environment is compliant with all applicable requirements. This certification will be provided to the Agency with k. Att the Agency's request, the County will work with the IRS, Social Security Administration, or other federal agencies or their agents with respect to periodic safeguard and security reviews. The County will support the resolution ofthe Agency's U Upon notification from thel IRS, Social Security Administration, other federal agencies, or the Agency of changes to functional and security specifications, the County will collaborate with the Agency to develop and implement plans to meet specified requirements in accordance with guidance and direction provided by thel IRS and/orthe Agency. The County will be responsible for costs arising from such modifications. m. To provide annual access and disclosure awareness and incident reporting training to its employees and any approved contractors that may have access to SSA data and/or FTI data (only certain functions in support of Child Support Enforcement may allow n. To work cooperatively with the Agency regarding County employee or contractor access to NCDHHS Data and NCDHHS Information Systems, and compliance with  at: tpsywww.rsgowpub/irs-patpl0/5pat:  Agency a copy of that list upon written request by the Agency.  supportinge evidence, such as a recent vulnerability scan.  finding based on a written plan satisfactory tol both Parties.  contractor access to FTI).  this MOA and applicable law.  0. Tol be responsible for supervision ofi its own employees and contractors.  Page 15 of21    5. ACCESS CONTROL  The County shall be responsible for reviewing, approving, delegating and monitoring access by County employees and any approved contractors to NCDHHS Data, in strict accordance with the NCDHHS Access Controls applicable to the NCDHHS Information Systems involved and in accordance with the terms ofthel MOA. In addition, the County will adhere to any written standard org guidelines provided by the Agency regarding management: andi implementation ofthe NCDHHS Access Controls, and access to the NCDHHS Information Systems, including, but not limited to, thei information systems access control policy int the current version ofthe North Carolina Statewide  Information Security Manual.  6. CONFIDENTIALITY AND SECURITY  The Agency and the County acknowledge and agree that the NCDHHS Data which the. Agency provides to the County shall be classified as, and shall remain, "NCDHHS Data" or "State Data". Ati no time will the NCDHHS Data provided by the Agency ever be classified as County data. The County acknowledges and agrees that in accessing, receiving, utilizing or otherwise dealing with the NCDHHS Data, it will safeguard and not use or disclose such NCDHHS Data except as provided in this MOA. The County shall protect the confidentiality oft the NCDHHS Data in accordance with applicable federal and North Carolina laws, regulations, standards and guidelines,  including, but not limited to the following:  Privacy Act of1974 (5 USC $ 552a), as amended by the Computer Matching and Privacy  Protection Act of 1988; IRS Publication 1075;  Medicaid, 42 U.S.C. $ 1396(a)(a)(7), 42CFR Part 431.300-307; Temporary Assistance to Needy Families, 42 US.CSG2eXXAX); Supplemental Nutrition Assistance Program, 71 U.S.C. $2020()(8);7 Social Security Act, 42 U.S.C. $ 1396(a)(a)(7); Social Security Administration Disclosure, 20 CFR Part 401; Child Support, 421 U.S.C. S 654(26); Public Assistance Programs (Public Welfare), 45 CFR Part 205.50; and U.S. Department ofLabor Employment and Training Administration, 20 CFR Part 603; Health Information Portability and Accountability Act and HIPAA Privacy Rule, 45 CFR North Carolina law governing confidentiality of, and access to, public assistance program data and records, including N.C. Gen. Stat. 108A-80 and implementing regulations; and North Carolina Identify Theft Protection Act, N.C. Gen. Stat. 75-60 et seq. and 132-  CFR Part 272.1(c);  Part 160 and Subparts A and E of Part 164;  1.10. and any implementing regulations.  Page 16 of21    The County acknowledges and agrees that some ofthe data elements included within the NCDHHS Data can be classified as identifying information" within the meaning of N.C.G.S. $ 14-113.20(b). In addition, the combination of certain data elements could classify the data elements as "personal information" within the meaning ofN.C.G.S. $ 75-61(10). Since the. Agency and the County are subject to the North Carolina Identity Theft Protect Act requirements, N.C.G.S. $ 132-1.10 and 75-65, the Agency and the County acknowledge and understand that the unauthorized disclosure, misuse, or loss ofthese certain data elements could subject the County and/or the Agency to security breach notification requirements. The County shall safeguard and protect the security ofthel NCDHHS Data from loss, theft, or inadvertent disclosure, in accordance with applicable federal and North Carolina laws, regulations, standards and guidelines, and policies including, but not limited to the following: Federal Information Security Management Act of2002 (44 USC 3541 et seq.); SSA's"Electronic Information Exchange Security Requirements and Procedures for State and Local Agencies Exchanging Electronic Information with the Social Security Health Information Portability and Accountability Act and HIPAA Security Rule, 45  Administration" IRS Publication 1075;  CFR Part 160 and Subparts A and C of Part 164; and National Institute of Standards and Technology guidelines.  In accordance with appliçable federal and North Carolina statutes, regulations, standards, and policies, the County shall use appropriate physical and technological security safeguards to prevent re-disclosure ofNCDHHS Data, and to protect NCDHHS Data in paper and/or electronic forms during transmission, storage or transport. The County shall use encryption during the data transmission process and shall protect NCDHHS Data on portable computers and devices through the use ofapplicable encryption and strong authentication procedures and other security controls to make NCDHHS Data unusable and inaccessible by unauthorized individuals. The County shall monitor County employees' access to higher-risk NCDHHS Data elements such as Social Security numbers, dates ofbirth, and FTI. The County shall terminate access privileges tol NCDHHS Data of County employees immediately when their employment has been terminated The County shall dispose of paper and equipment containing NCDHHS Data in a secure manner in accordance with applicable law and information security NIST standards. At the request oft the Agency, the County shall provide documentation of proper disposal OfNCDHHS  or theirj job responsibilities no longer require access.  Data to NCDHHS.  Page 17 of21    The County shall implement procedures for detecting, investigating, reporting and responding to security incidents involving NCDHHS Data. The County shall implement an Incident Management Plan which will be the source for how to handle incident management involving NCDHHS Data, and the Incident Management Plan will be available to the Agency upon  request.  The County shall evaluate and report all losses, misuse, or unauthorized disclosure OfNCDHHS Data to the NCDHHS Privacy and Security Office without unreasonable delay. Any expenses incurred as a result oft the loss, misuse, or unauthorized disclosure of NCDHHS Data by the  County will be the responsibility oft the County.  The County shall report any suspected or confirmed privacy or security breach or incident involving the NCDHHS Data to thel NCDHHS Office of Privacy and Security via electronic mail and the Office's website: http:/www.nedhhsgov/aboutladministrative- divsionsofieeyofire- privacy-security, within 241 hours after the suspected or confirmed breach is first discovered. The County shall report any suspected or confirmed privacy or security breach involving Social Security Administration or Federal Tax Information data to: (i) the NCDHHS Office ofl Privacy and Security via the online incident reporting tool at the link above, ori ifafter normal business hours, (ii) thel NCDHHS ChiefInformation Security Officer via the phone numbers listed at the link above, MMEDIATELYand within 60 minutes after the suspected or confirmed privacy or security breach is first discovered. The County acknowledges and agrees that it must make immediate reports of any suspected or confirmed breach involving SSA or FTI data in the manner set forth above in order to enable the Agency to fulfill the Agency's obligation to report the suspected or confirmed breach to the SSA or IRS (as applicable) within one hour afteri it is The County will collaborate and cooperate with the Agency regarding investigation, actions and potential remedies pertaining to any suspected or confirmed privacy or security breach or Ifthe County experiences a security breach involving NCDHHS Data, the County will be responsible for providing notification to all affected persons. The County will collaborate and cooperate with the NCDHHS Office of Privacy and Security regarding the content and timing of notification prior to providing the notification. Any and all expenses incurred as a result of any suspected or confirmed security breach involving NCDHHS Data will be the responsibility of  first discovered.  incident involving NCDHHS Data.  the County.  Page 18 of21    7. CONTACTS  The Parties mutually agree that the following named individuals willl be designated as points of  contact for thel MOA on behalf ofthe Agency and the County:  For NCDHHS: Pyreddy Reddy Palmer Drive Raleigh, NC27605 Phone: (919)855-3090 Fax: (919)733-1524 Email: ryrddyadhsneRN  ChiefInformation Security officer N.C.DHHS Privacy and Security Office 695  For County: [Name] [Title] [Address] [Phone Number] [Fax Number] [E- Mail]  Takishia McMiller Director PO BOX 1066 Sanford, NC 27331 919-718-4690X5257 919-718-4691 mcmiller@leecountync.gov  The Parties agree that ift there is a change regarding the information in this section, the party  making the change will notify the other party in writing of such change.  8. LIABILITY AND INDEMNIFICATION  Nothing herein shall be construed as a waiver of the sovereign immunity of the State of North Carolina or the assumption by the State ofany liability contrary to the laws and statutes of North Carolina. Each Party shall be responsible for its own liabilities and neither Party shall seek This MOA shall inure to the benefit of and be binding upon the Parties hereto and their respective  indemnification from the other.  successors in the event of governmental reorganization pursuant tol N.C.G.S.  $ 143A-6 or other authority.  Page 19 of21    9. MONITORING AND AUDITING  The IRS, SSA, any other federal agency or the Agency, with advance notice, shall have the right tos send its officers and employees into the offices and facilities oft the County fori inspection ofthe County's facilities to ensure that adequate safeguards and security measures have been maintained asi required by thisl MOA. Key areas tol bei inspected include record keeping, secure storage, limited access, disposal, and computer security systems such as those described in IRS Publication 1075. The County and the Agency will work together to correct any deficiencies identified during any internal inspection. The Agency may opt to utilize the County representatives for compliance The State Auditor shall have access to persons and records as a result of all contracts or grants entered intol by State agencies or political subdivisionsi in accordance with General Statute 147-64.7 Thel NCDHHSI Privacy and Security Office will conduct privacy and security assessments based on  validation.  and other applicable laws or regulations.  NIST Standards, Federal, State and DHHS Privacy and security requirements, 10.DURATION OF AGREEMENT AND MODIFICATION following the effective date, through and including June 30, 2026.  This MOA is effective on July 1, 2024, and shall continue for an initial term of 24 months Thel Parties shall review this MOA as deemed necessary by the Agency, or upon the written request of either the Agency or the County to the other party, or whenever a State or Federal statute is enacted that material affects the substance of this MOA, in order to determine whether it should Notwithstanding all otherprovisions. ofthis MOA, thel Parties agree that this MOA: may be amended  be revised or renewed, as applicable.  at any time by written mutual consent of both Parties.  11.GOVERNING LAW  The validity of this MOA and any ofi its terms or provisions, as well as the rights and duties of the parties to this MOA, are governed by the laws of North Carolina. The place of this MOA and all transactions and agreements relating to it, and their situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in contract or tort, relating to the validity, construction, interpretation, and enforcement shall be determined.  Page 20 of21    12.OTHER PROVISIONS/SEVERABILITY  Nothing in this MOA is intended to conflict with current federal or state laws or regulations, or any governing policies of the County or the Agency. Ifany term oft this MOA is found by any court or other legal authority, or is agreed by the Parties to be in conflict with any law or regulation governing its subject, the conflicting term shall be considered null and void. The remaining terms and conditions ofthisl MOA shall remain ini full force and effect.  13.ENTIRE AGREEMENT  This MOA and any amendments hereto and any documents incorporated specifically by reference represent the entire agreement between the Parties and supersede all prior oral and  written statements or agreements. 14.TERMINATION  The Parties may terminate this MOA at any time upon mutual written agreement. In addition, either party may terminate this MOA upon 90 days' advance written notice to the other party. Such unilateral termination will be effective 90 days aftert the date of the notice or at a later date specified in the notice. In the event this MOA is terminated unilaterally by the County, the Agency will suspend the flow of NCDHHS Data to the County until a superseding written The Agency may immediately and unilaterally suspend the flow of NCDHHS Data to the County underthisMOA, ort terminater this MOA, ifthe Agency, ini itss sole discretion, determines that the County (including its employees, contractors and agents)! has: (i)n made an unauthorized use or disclosure OfNCDHHS Data; (ii) provided unauthorized access1 to NCDHHS Information Systems; or (iii) violated or failed to follow the terms and conditions oft this MOA.  agreement is executed by the Parties.  Page 21 of21    2400 Market Street Philadelphia, PA 19103 etbemnete@eramancon TEL 215-238-3257  aramark  Sent Via UPS 127155/91330622685  May 29, 2024  Lee County Government 408 Summit Drive Sanford, NC 27330 ATTN: Legal Department Dear Ms. Boone:  As requested, enclosed please find a partially executed original of Amendment #18 by and between the County of Lee, North Carolina, and. Aramark Correctional Services, LLC  ("Aramark").  understand you will have the same executed where indicated by the authorized representative. Once the document has been fully executed, please scan and forward a fully executed copy to Aramark appreciates the business and we thank you for the opportunity to continue to be of  me at my email address above. You may keep the original for your files.  service. Thank you. Very truly yours, Sudmene. Hoda L. Annette Nedd Administrative Senior Assistant Enclosure    Amendment No. 18 to Operating Agreement  JJne  THIS AMENDMENT NO. 18 (the "Amendment"): is entered into this 34 day of.May, 2024, by and between County ofI Lee, North Carolina, with offices at 1401 Elm Street Sanford, NC 27331 (the "County"), and Aramark Correctional Services, LLC, a Delaware limited liability company, having a place oft business at 2400 Market Street, Philadelphia, Pennsylvania  19103 ("Aramark").  WHEREAS, the County and Aramark entered into an Operating Agreement for the management of the food service operation at the Lee County Jail on May 31, 2006 (as amended,  the "Agreement");  WHEREAS, the parties desire to amend the. Agreement as hereinafter set forth, effective NOW, THEREFORE, in consideration of the foregoing and of the mutual promises in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are. hereby acknowledged, the parties agree as set forth below. Capitalized terms used but not defined in this Amendment have the meanings ascribed to such terms in the Agreement.  upon. July 1, 2024 (the "Effective Date").  1.  Insurance and Indemnification: The last paragraph of Section 2,1 of the Agreement is ARAMARK agrees, to the fullest extent permitted by law, to indemnify and hold harmless the County, its officers, directors and employees (collective, County) against all damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, to the extent caused by Contractor's negligent performance of services under this Agreement and that of its subcontractors or anyone for whom the Contractor is legally liable. Notwithstanding the foregoing, it is expressly understood that ARAMARK shall not be responsible for damages  hereby deleted in its entirety and replaced with the following:  caused by inmates or by participants ofthe CENTER."  2. shall be sent to:  Billing and Prices: Section 3,B of the Agreement is modified to state: "Such invoice  Melanie Rodgers, Department Director The Enrichment Center ofLee County 1615 S. Third Street Sanford, NC27330  3.  Manner of Payment: Section 3,B oft the Agreement is modified and the following is stricken from the agreement: "In the event that ARAMARK incurs legal expense in enforcing its right to receive timely payment of invoices, the COUNTY agrees to pay reasonable attorney's  fees and other costs."  4.  Term: Notwithstanding Section 5 of the Agreement, the term of the Agreement shall be  extended through June 30, 2025.    5.  Pricing: In accordance with Section 5,A ofti the Agreement, the parties agree that the price per meal charged to County by Aramark shall be adjusted as set forth on Attachment A, attached hereto. This pricing shall be effective from July 1, 2024, through June 30, 2025, and shall supersede in all respects the price per meal set forth in Attachment A ofthe Agreement or in any  prior amendments between the parties.  6.  Consequences of Termination: Section 6,C of the Agreement is modified and the following is stricken from the agreement: "Upon the expiration of any termination of this Agreement, the COUNTY agrees, if requested by ARAMARK, to purchase ARAMARK'S usable inventory of food and supplies. The purchase price for such inventory shall be  ARAMARK'sinvoice cost.  7.  The following sections are: included in the Agreement:  14. Independent Contractor: The parties acknowledge and agree that they are independent contractors and no employee relationship or individual contractual relationship is established by virtue of this contract. Neither the COUNTY nor ARAMARK nor any of their officers, agents, employees or representatives, shall be deemed to be agents, representatives or employees of the other party for purposes of the performance of services under this Agreement. Each party is solely responsible for withholding federal and state income taxes, paying Social Security taxes, unemployment insurance or maintaining workers compensation insurance coverage for their own employees, agents and officers. Nothing herein shall be construed to create any employment relationship between the parties by virtue of this contract and no health insurance, life insurance, retirement, vacation or other benefits are granted by one party to the other by virtue of this contract. No ARAMARK employee or agent shall be authorized to act or speak on behalf ofLee County. Nothing in this Agreement shall be construed to create any employer/employee relationship or a joint venture relationship or toa allow the parties to exercise control over one another or over the manner in which their 15. Non-Assignment Clause. ARAMARK shall not assign its rights and obligations under this agreement to any party or entity without the prior written consent of the COUNTY, which shall not be unreasonably withheld, delayed or conditioned. 16. Confidentiality and Protection Clause: ARAMARK agrees and recognizes its employees and agents will have access to the Lee County Jail. ARAMARK employees will not have any inappropriate discussions or interactions with the inmates and will respect Lee County Jail staff and inmates or elderly patrons at the Enrichment Center. ARAMARK will ensure all employees working in the jail have completed a background check and understand the highly confidential necessity of working inside the Lee County Jail. ARAMARK also agrees to allow its employees to be subject to a body scanner, in 17. Non-Appropriation Clause. ARAMARK acknowledges that Lee County is a governmental entity, and the contract validity is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance ofI Lee County's obligations under this contract, then this contract shall automatically expire without penalty to Lee County thirty (30) days after written notice to ARAMARK of the unavailability and non-  employees or agents perform the services.  the event ofs suspected banned items being brought into the jail.    appropriation of public funds. It is expressly agreed that Lee County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this contract, but only as an emergency fiscal measure during a substantial fiscal crisis, which affects generally its governmental operations. In the event of a change in the Lee County's statutory authority, mandate and mandated functions, by state and federal legislative or regulatory action, which adversely affects Lee County's authority to continue its obligations under this contract, then this contract shall automatically terminate without penalty to Lee County upon written notice to ARAMARK of such 18. Dispute Resolution/Jurisdiction/Venue. Any dispute arising under this Agreement may be settled by mediation in the State of North Carolina in accord with such procedures as may be available to units of local government under state law. No other dispute resolution procedures shall apply. Jurisdiction for any legal proceedings concerning this contract or agreement shall be in the state courts in the State of North  limitation or change in Lee County's legal authority.  Carolina. Venue for such proceedings shall be Lee County.  19. No Pledge of Taxing Authority. No deficiency judgment may be rendered against Lee County or any agency of Lee County in any action for breach of a contractual obligation under this contract. The taxing power of the Lee County is not pledged 20. Conflict of Interest: If this is a contract for design, engineering, contract administration or similar services, ARAMARK will not enter into contracts or agreements with third parties that may present a potential for conflict ofinterest between Lee County and the third parties regarding the subject matter of this Contract or 21. Compliance with E-Verify requirements: ARAMARK and any of its subcontractors must comply with the requirements of Article 2 of Chapter 64 ofthe North Carolina General Statutes, if applicable, which 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 22. Divestment from companies that boycott Israel: ARAMARK certifies that (a)i itis not identified on the Israel Boycott List or any other list created by the NC State Treasurer pursuant to N.C.G.S. 147--86.80 et al and (b) it will not take any action causing it to appear on any such list during the term oft the contract agreement. 23. Iran Divestment Act Certification. ARAMARK certifies that it is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 147-86.58 (the Final Divestment List) and ARAMARK will not utilize any subcontractors performing work under this Contract which is listed on the Final Divestment List. The Final Divestment List can be found on the State Treasurer's website at the address and should 24. Non-Discrimination in Employment. ARAMARK will not discriminate again any employee or applicant for employment because of age, sex, race, creed, national origin or  directly or indirectly to secure any monies due under this contract.  Agreement.  agencies.  be updated every 180 days.    disability. In the event ARAMARK is determined by the final order of an appropriate agency or court to be in violation of this provision or any non-discrimination provision of federal, state or local law, this Contract may be suspended or terminated, in whole or in part by the County. In addition, ARAMARK may be declared ineligible for further 25. Drug-Free Workplace. During the performance of this agreement, ARAMARK agrees to (i) provide a drug-free workplace for its employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees of the unlawful manufacture, sale, distribution, dispensation, possession, or use ofa controlled substance or marijuana is prohibited in its workplace and specifying the actions that will be taken against employees for violations of such prohibitions, (iii) state in all solicitations or advertisements for employees placed by or on its behalf that it maintains a drug-free workplace; (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000.00 sO that the provisions will be 26. Gov Ops. ARAMARK acknowledges that by contracting with Lee County and receiving public funds, they may be subject to potential examination, evaluation and investigation, including access to buildings and documents and compelled testimony, by the Joint Legislative Commission on Governmental Operations under Section 27.10(b) of North Carolina S.L. 2023-134. ARAMARK acknowledges that Lee County has no Confidential Information: Section 9 of the Agreement is amended to add: ARAMARK acknowledges and agrees that COUNTY is subject to Public Records Law and may be required by law to provide public documents, including this contract, upon a valid request. ARAMARK has notified the COUNTY ofand marked all documents it contends are proprietary. Except as specifically set forth herein, all other terms and provisions of the Agreement  contracts with the County.  binding upon each subcontractor or vendor.  control over the Commission and its activities.  8.  9.  shall remain unaffected by this Amendment and continue in full force and effect.  IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 18 to be  signed by their duly authorized representatives: the day and year first written above.  Aramark Correctional Services, LLC  Lee County, North Carolina  By:  By: Name: Title:  D Onte  Stephen Yarsinsky Vice Président, Finance  This instrument has been pre-audited in the manner required by the Local Government Budget  and Fiscal Control Act. Cardac Sumar Finance Officer, Lee County    Attachment A Lee County, North Carolina EffectiveJ July 1, 2024 through June 30, 2025  Immate/StffMea 80-89 90-99 100-109 110-119 120-129 130-139 Senior Meals 70-79 80-89 90-99 100-109 110-119  Price per Meal $5.219 $4.807 $4.472 $4.197 $3.968 $3.768 $4.451 $4.097 $3.818 $3.583 $3.386  *If the population increases and/or the scope of work changes to affect the current labor, the parties  mutually agree to discuss inmate labor in the kitchen.    LEE COUNTY GOVERNMENT Public Health  Memorandum of Agreement Between Lee County Health Department and Lee County Schools  Lee County Schools and Lee County Health Department share views on the appropriateness of educational and health collaboration to prevent health issues from becoming reasons for educational or social failure. Lee County Schools and Lee County Health Department agree to cooperate in providing a comprehensive program of school health services. Achievement of goals will be through joint planning, shared implementation and  maintenance of effective channels of communication between agencies. This agreement shall cover aj period of July 1,2024 to June 30, 2025. The following components constitute the cooperative plan: The Lee County Health Department will:  A. Provide assistance in confirming positive tuberculin skin tests. The health department provides testing and follow-up only for those individuals who meet state at-risk TB standards. B. Provide access to health department'si medical providers such as Medical Director or Nurse Practitioner to provide ai non-patient specific prescription for epinephrine auto-injectors to be used as part oft the school's  emergency response plan asi mandated by G.S.115C-375.2A. communicable disease control, inclusive of crisis intervention.  .P Provide resource and referral information, answer inquiries regarding immunizations and D. Work with the Superintendent of Schools and the Director of Student Services for intervention -and/or problem solving in any oft the areas that include health department functions. E. Provide supervision and liability coverage for school (health) personnel during an emergency or F. Toprovide: funds not to sdssoo.lvlacay Schools forthep purpose ofsupporting (one ormore)(10,llorl 12)-momthnationally certified school nurse(s) orregistered nurse(s) working lowardcertificationtoprovideschoolnursing services fene20242025xawalyeu: G. Funding will be paid monthly upon submission of an invoice that specifies personnel and other allowable costs and that thel Lee County Health Department shall pay Lee County Schools within thirty (30) days of receipt ofthe invoice. Any adjustments tothe invoice shall be taken intoaccount in the next H. Funding may be used only for personnel costs (salary and fringe) and continuing education costs  disaster event.  succeeding invoice or as soon thereafter as reasonably practical. up to $750 per School Nursing Funding Initiative position.  1Page    Division of Environmental Health will:  A. Inspect school cafeterias as required by North Carolina General Statues.  B. Review plans and make recommendations for new and existing water and sewage systems per D. Review plans and make recommendations fori new ori remodeled cafeterias as] per request. E. Work with the Superintendent of Schools, Child) Nutrition Director, and Child Nutrition Manager, if F. Provide educational sessions in cooperation with the Child Nutrition Director that relate to Environmental Health Procedures for food handlers and student classroom instructions per request.  request.  problems develop in any of the above areas.  TheLee County Schoolswill!:  A. Provide school health nurses and school health nurse services per Lee County School'sprotocols.  B. Provide work areas in schools for provision ofhealth care, as indicated.  C. Provide access to necessary information requested for] Environmental Health and EPI  Investigations.  D. Provide school personnel to assist the school health or public health nurse when needed for E. Support the provision of school health services and involvement of the health department, as indicated.  coordination of school health activities.  F. Request health in-service or follow-up onl health issues, as indicated.  G.N Monitor immunization records ofa all students, K through 12, in accordance with state law. H. Toprovide a detailed budget (Attachment I)tot the Health Department by School.  Tou utilize funds not to exceed $150,000.00 for thej purpose ofs supporting (one or more) (10, 11 or 12)- monthnationally certified: school undOoregierdmunst) working toward certification, toj provide . Toi inform the Department ofthe employment of the nurses, and in the event oft termination, whether voluntary ori involuntary, and the date oftermination within 4 working days ofs such action. K. Tomaintain documentation that each nurse employed under this contract is and remains current inl his/her licensure as al Registered Nurse in good standing with thel North Carolina Board ofNursing. L. Toprovide supervision within the Lee County Schools consistent with the annual Memorandum of M. Toassumet the full responsibility fori negligence ofits employees that provide nursing services under thet termsofthis contract fort the contract positions andi fora all nurses employed directly by thel Lee County Schools but functioning under the direction of the annual Memorandum of Agreement.  schoolnursing services fort the 2024-2025schol year.  Agreement.  2IPage    N. Bea available to assist the countyhealth department during apublic health emergency. 0. Assure that the Lee County Health Department/Lee County Schools Memorandum of Agreement that exists between alll health districts and local education agencies clearly states that emergencyldisaster. activities by SNFI nurses is an allowable use oftheir time.  In witness whereof, the Lee County Schools and the Lee County Health Department have executed this  agreement in duplicate originals, one ofwhichisretained by each ofthej parties.  FOR. AND ONI BEHALF OF LEE COUNTYHEALTHDEPARTMENT  FOR AND BEHALF OF LEE COUNTY SCHOOLS  Lwlay -  County  Date  ANL  Manager  Superintendent  Date  This instrument has been pre-audited in the manner: required by the Local Government Budget and Fiscal Control  Act.  Cundau Bomen 6324 Lee County Finance Director  Date  Lee County Schools Finance Director Date  FOR   )N BEHALF OFL LEEC COUNTY  413114  Chaff County Commissioner Date  3Page    Attachment/BUDGET SNFI Contract Budget  I. SALARIES Position Title Name *  Annual Salary & Fringe  Type Position  Amount Paid by Local Agency  Amount Paid by State Contract  1.1 Nurse 1 Name  012- month 011- month 10- month 012- month 011- month 10- month 12- month 011- month 10- month  2. Nurse2 2 Name  3.Nurse 3 Name  TOTAL: SALARY PAID BY CONTRACT  * List VACANT if position not filled at the time oft this report.  4Page    II. Position Title 1.N Nurse 1 2.N Nurse 2  FRINGE Name * Name  Type and Rate  Amount Paid by Local Agency  Amount Paid by the State Contract  D Retirement Rate: 24.50% FICA OMedical Rate/Amount $ DC Other: D Retirement Rate: 24.50% D1 FICA DI Medical Rate/Amount: $ D Other: J Retirement Rate: % FICA Medical Rate/Amount $ Other:  Rate: 7.65% Rate: Rate: 7.65% Rate: Rate: % Rate:  Name  3.N Nurse 3  Name  TOTAL FRINGE PAID BY CONTRACT  *Fringe benefit amounts may change due to longevity, etc. that the employee may be eligible for during the Justification: Funds will be used to employ nationally certified school nurse(s) or registered nurse(s) working toward national certification to work full time in schools and enhance the local school district's capacity to provide basic health services to students.  school year.  III. Other STAFF TRAVEL In-State In-statel Mileage In-statel Lodging State funded Meals, Instate Conference Registration  Total miles Cost per Number of Cost per nights  Total Cost $ Total Cost  mile night  #of breakfasts #oflunches #ofdinners Total Cost (State rate)  S  0.00  TRAINING PAID BY CONTRACT (If no funds are available after covering salary and 0.00 fringe for these positions, leave at 0.00. If funds are available, the amount is limited to a  total of $750 per position. See Scope of Work for Allowable Costs)  CONTRACT TOTAL AMOUNT  $150,000  5Page    INTEGRATED MOBILITY DIVISION  UNIFIED GRANT APPLICATION  DBE GOOD FAITH EFFORTS CERTIFICATION  This is to certify that in all purchase and contract selections (Legal Name of Transit Agency or is committed to and shall make good faith efforts to purchase from, and award contracts to, DBE good faith efforts will include the following items that are indicated by check mark(s)  Organization) County ofLee  Disadvantaged Business Enterprises (DBEs).  or narrative: Required Check all by IMD that apply  Description  Write a letter/email to Certified DBES in the service area to inform Document telephone calls, emails and correspondence with or on Advertise purchase and contract opportunities on local TV Request Purchase/contract price quotes/bids from DBES; Monitor newspapers for new businesses that are DBE eligible Encourage interested eligible firms to become NCDOT certified. Interested firms should contact the office of contractual services at Encourage interested firms to contact the Office of Historically Underutilized Businesses at (919) 807-2330 for more information Consult NCDOT Certified DBE Directory. AI DBE company will be listed ini the DBE Directory for each work type or area of specialization that it performs. You may obtain a copy of this directory at tps/www.ebs.nc.wVendororecdory/defaul.htm!   7  D D D E   them of purchase or contract opportunities;  behalf of DBES; Community Cable Network:  (919) 707-4800 for more information  Describe other efforts:  You may obtain a copy of the USDOT Disadvantaged Business Enterprise Program Title 49 Part Reminder: Documentation of all good faith efforts shall be retained for a period of five (5) Icertify that, to the best of my knowledge, the above information describes the DBE good faith  26 at ntps/www.ebs.nc.gowvenoorDrectony/delaut.ntm: years following the end of the fiscal year.  efforts. Kirk D. Smith  Chair, Board of County Commissioners Title of Authorized Official  Pgintel Name of Authorized Official MoDDMe  05/18/24 Date  OfA Authorized Official  FY26 DBE GOOD FAITH EFFORTS CERTIFICATION  Last Updated: 01/09/2024    INTEGRATED MOBILITY DIVISION  UNIFIED GRANT APPLICATION  EEO QUESTIONNAIRE  Threshold Requirements: Any applicant, recipient, or sub-recipient is required to comply with  program requirements in Chapter III ifit meets the following thresholds: a. Employees 100 (+) or more transit-related employees";, and  b. Requests or receives capital or operating assistance under Sections 3, 4(), or 9 of the FTA; assistance under 23 U.S.C. 142(a)(2) or 23 U.S.C. 103(e)(4), or any combination thereof, in excess of $1 million in the previous Federal fiscal year; or Request and receives planning assistance under Sections 8 and/or 9 in excess of Transit systems with 50 - 99 employees must keep a plan on file for review at next site visit.  $250,000 in the previous Federal fiscal year.  Name of Organization: Lee County (COLTS) Organization Type: Transit Agency TrAMS ID:  (ifapplicable)  1. How many employees do you have in your organization? 422F7 S1SPT  2. How many of those employees are *transit related?  41  *Atransit related employee is an employee of an FTA applicant, recipient, or subrecipient who is involved in an aspect of an agency's mass transit operation funded by FTA. For example, a city planner involved in a planning bus route would be counted as part of the recipient's work force, **fEEO requirement is not applicable check here. M sign below, and submit, otherwise  but a city planner involved in land use would not be counted.  complete remaining questions.  declare (or certify, verify, or state) that the foregoing is true and correct.  Printed Name Kirk D. Smith  Title Chair, pgeanycemngenen  Signature_ Date. 05/18/24  DDl  FY26 EEO QUESTIONNAIRE Last Updated: 01/09/2024  Page 1of3    INTEGRATED MOBILITY DIVISION  UNIFIED GRANT APPLICATION  3. Does your agency submit an EEO Program? Ifyes, what is the date of your last submission? 4. Does your agency submit an Abbreviated EEO Program? Ifyes, what is the date of your last submission? 5. Do you contract out any of your transit services? No Ifno, skip to question 7. Ifyes, a. What is the name of agency (s)?  b. How many transit employees does the agency have?  Does the agency submit an EEO Program,Abbreviated EEO Program to you? Ifyes, what is the date of their last EEO/Abbreviated EEO submission?  6. What is the date of your last Triennial Review (lf applicable)?  a. Were there any deficiencies? If yes, in what area(s)  b. Are any of the deficiencies still open? Ify yes, in what area(s)?  7. Has your agency participated in an EEO compliance review? Ify yes, what is the date of  your last EEO compliance review? a. Were there any deficiencies?  FY26 EEO QUESTIONNAIRE Last Updated: 01/09/2024  Page 2 of3    INTEGRATED MOBILITY DIVISION  UNIFIED GRANT APPLICATION  Ify yes, in what area(s)  b. Are any oft the deficiencies still open? Ifyes, in what area(s)?  Ideclare (or certify, verify, or state) that the foregoing is true and correct.  Printed Name KIRK D. SMITh Signature_ Hhitl  Title CHAINMAN LEE COUAT COMMISSION  Date 05/18/24  FY26 EEO QUESTIONNAIRE Last Updated: 01/09/2024  Page 3 of3        INTEGRATED MOBILITY DIVISION  UNIFIED GRANT APPLICATION  FY26 DELEGATION OF AUTHORITY  Date: 05/18/24  Kirk D. Smith Chair, Board of County Commissioners of Lee County (COLTS) as the designated party for Lee County (COLTS)  (Printed Name of Authorized Official) (Title of Authorized Official) (Authorized Official's Agency)  (Grant RecpienvApplication Agency) with authority to submit funding applications and enter into contracts with the North Carolina Department of Transportation and execute all agreements and contracts with the NCDOT Integrated Mobility Division, hereby delegate authority toi the  individual(s) filling the positions as indicated below: Primary Designee: Melanie Rodgers County of Lee Transit System Reimbursement Requests: Budget Revisions: Budget Amendments: Period of Performance Extensions: Other  YES MYES YES MYES DYES  Alternate Designee #1: Michelle Sharpe, Finance and Accounting Specialist  County ofl Lee Transit System Reimbursement Requests: Budget Revisions: Budget Amendments: Period of Performance Extensions: Other Alternate Designee #2: Reimbursement Requests: Budget Revisions: Budget Amendments: Period of Performance Extensions: Other/ Signyàturé of Authorized Official FY26 DELEGATION OF AUTHORITY Last Updated: 01/09/2024  YES YES MYES MYES DYES  DYES DYES DYES DYES DYES  OmDEnlb    4 E -  0  N  o  N    Contract # 1023-24 Fiscal Vear Begins July 1, 2024 Ends June 30, 2025  This contract is hereby entered into by and between the Lee County Department of Social Services (the "County") and Empowering! Lives Guardianship Services. LLC( (the' Contractor)relered to collectivelyas the" "Parties"). The Contractor's federai tax identification number is 27-3721789 and DUNS Number (required iff funding from al federal funding source).  1. Contract Documents: This Contract consists oft thet following documents: (2) The General Terms and Conditions (Attachment A) (3) The Scope of Work, description of services, and rate (Attachment B) (4) Combined Federal Certifications (AttachmentC) (6) Conflict ofl Interest! Polky/Atachmentp) (6) No Overdue Taxes (Attachment E) (8) State Certification (Attachment M) (9) Certificalion of Eligibilily Under the Iran! Divestmen! Act (10)Attachment N- Non-Discimination, Clean Air, Clean Water (11) Contract Determination Questionnaire (required)  (1) This contract  7) Happlicable, HIPAA Business Associate Addendum (checklist andf forms) (Attachment!)  These documents constitute the entire agreement batween thel Parties and supersede all prior oral or written statements Pracertonce among Contract Documents: In the event of a conflict between or among the terms of the Contract Documents, the terms in the Contract Document with the highest relative precedence shall prevail. The order of preçedence shall be the order of documents as listed In Paragraph 1, above, with thef first-listed document having the highest precedence and the last-listed document having the lowest precedence. #f there are multiple Contract Amendments, the most eomlamencmetenathave thel highest precedence and the oldest amendment shall heve the 3. Effective Period: This contract shall be effective on. July 1, 2024 ands shall terminate on. June 30, 2025, 4. Contractor's Dutles: The Contracior shall provide the serviçes andi ina accordance witht the approvedrate: as describedin County's Duties: The County shall pay the Contractor in the manner andi in the amounts specifiad in the Contract Documents. The total amountp paid by the Countytothe Contracior under this contracts shall not exceed$33,000.00. This amount consists ofs Oin Federal funds (CFDA# ).$0in Slate Funds, $0 inCounty funds  or agreemants.  loweci precedenos.  Tlis contract must be twelve months or less. Attachment B, Scope of Work.  a a. There are no matching requirements from the Contractor.  b. The Contractor's matching requirement iss  which shall consist of: JCash Cash andfor In-kind  In-kind Cash and in-kind  The contributions from the Contractor shall be sourced from non-federal funds. The total contract amount including any Contractor match shall not exceeds  Reversion of Funds: termination of this contract.  Ary unexpended grant funds shall revert to the County Department of Social Serviçes/Human Servicas upon  7. Reporting. Requirements: Contract-General (06/15)  Page 1of3    Contractor shall comply witha audit requirements as desarbedinN.CGS.9143C622473andf OMB Circular-CFRTitle 2Grants and Agreements, Part200, and shall disclose alli Homatoaingundlya2Us. 455.104,or 42USC455.105,  or 42USC455.106. . Payment Provisions: AltachmentB.  Payment shall be made in: accordance with the Contract Documents as described in the Scope of Work, Contract. Administrators: Alll notices permitted or required to! be given by one Parly to thec other and all quastionsa about the contract from one Party to the other shall be addressed and delivered lo the other Party's Contract Administrator. The name, post ofice address, street address, telephone number, fax number, and emal address of the Partles' respective initial Contract Administrators. are set out! below. Elther Parly may changet ther name, post offices address, street address, telephoner number, fax number, or emal address ofi its Contract Administrator by giving timely written notice to  the other Party.  Fort the County:  IFDELIVERED BYUS POSTAL SERVICE Name &1 Title Takishia McMiller, DSS Mailing Address PO Bcx 1066 City, State, Zip Sanford, NC: 27331 Telephone 919-718-4690 ext 5257  IFDELIVERED BY ANYOTHER MEANS Name &Tite Takishia McMiller, DSS Street Address 530 Carthage Street City, State, Zip Sanford, NC27331  County Fax Emali  DirectorLee  County  DirectorLee  919-718-4634 anpedpescounync.gov  For the Contractor:  FD DELIVERED BY US POSTAL SERVICE  IFC DELIVEREDE BY ANY OTHER MEANS City State Zip Clemmons,NC27012  Name & Title Stacey Skradski, Member Mgr. Name & Title Stacey Skradski, Member Mgr. Company Name Empowering Lives Guardianship Company Name Empowering Lives Guardianship Mailing Address 2554 Lewisville Clemmons Rd., Street Address 25541 Lewisville Clemmons Rd., Suite  Suite 310 Telephone Fax Email  310  City State Zip Clemmons, NC27012  336-714-9790 ext. 1001 1-855-771-8948  stbceyfempovetrgwesguardanshpcon 10. Supplementation of Expenditure of Public Funds:  The Contractor assures that funds received pursuant to this contract shall be used only to supplement, not to supplant, the total amount off federal, state and local public funds that the Contractor otherwise expends for contract services and related programs. Funds received under this contract shall be used to provide additional publc funding for such services; thet funds shall not be used to reduce the Contractor's total expenditure of other publc funde for As ac condition of this contract, the Contractor acknowiedges and agrees tor meke disbursements inaccordance with  such services. 11. Disbursements: thef follpwing requirements:  ContraciGeneral (06/15)  Page2d3    (a) Implement adequate internal controls over disbursements; (b) Pre-audit all vouchers presented for payment to determine: Validity and accuracy of payment Payment due date Adequacy of documentation supporting payment Legality of disbursement (c) Assure adequate control of signature siamps/plates; (d) Assure adequate control of negotiable instruments; and  (e) Implement procedures to Insure that account balance is solvent and reconcile the account monthly. The Contractor certifies that ithas identified to the County allj jobs related lo the contract that have been outsourced to other countries, W any. The Contractor further agrees that itv will not outsource any such) jobs during the temm of Individuals and Organizations receiving federal funds must ensure compliance with certain certifications required by federal laws and regulations. The contractor is hereby complying with Certifications regarding Nondiscrimination, Drug-Free Workplace Requirements, Environmental Tobacco Smoke, Debarment, Suspension, Ineligibilty and Voluntary Exclusion Lower Tler Covered" Transactions, and! Lobbying. These assurances and certifications are to  12. Outsourcing to Other Countries: 13. Federal Certifications:  this contract without providing notice to the County.  be signed by the contractor's authorized representative. 14. Speclfic Language Not Previously Addressed: (can be delted ifnot needed) terms of this agreement.  15, Signature Warranty: The undersigned represent and warrant that they are authorized tot bind their principals to the The Contracior. and the County have executed this contract in duplicate originals, with one original being retained by each  parly.  ELGEc  shslzy Date Meyhanr  Seensei hEGE  Printed Name  COUNTY Signatulé Printed Name  ll meky  Aas gnily àntthorized 1 sin contracis for County DSS)  Date Tite  ASimin Cwrleefonty  Bdlfomayan  This Instrument has beeR pre-audited! in the manner required byt the Local Government Budget and, Fiscal Control Act.  Candece Bunp Signature of County Finance Officer  4  Contract-General (06/15)  Page3of3    GENERAL TERMS. AND CONDITIONS  Relationships of the Parties  performance of this contract to the extent permitted by  law.  independent Contractor: The Contractor is and shall be deemed to be an independent contractor in the perlormanca of this contract and as such shall be wholly responsibie for the work to be performed and for the supervision of lts employees. The Contractor represents that it has, or shall secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be employees of, or have any individual contractual relationship with, the Subcontracting: The Contractor shall not subcontract any of the work contemplated under this contract without prior written approval from the County. Any approved subcontract shall be subject to al conditions of this contract. Only the subcontractors. specified int the contract documents aret to be considered approved upon award of the contract. The County shall not be obligated to payt for any work periormed by any unapproved subcontractor. The Contraçtor shall be responsible for the performance Assignment: No assignment of the Contractor's obligations or the Contractor's right to receive payment lereunder shall be permitted. However, upon written request approved by the issuing purchasing authority, the County may: (a) For ard the Contractor's payment check directly to any person or entity designated by the Coniractor, or (b)! Include any person or entity designated by Contractor as 2 joint payee on the Contractor's payment check, in no event shall such approvai and action obligate the County to anyone other than the Contractor and the Contractor shall remain responsible for fulfillment of all contract obligations. Beneficiaries: Except as herein specifically provided otherwise, this contract shalll Inure to the benefit of and be binding upon the parties hereto and their respective successors. Iti is expressly understood and agreed that the enforcement of the terms and conditions of this contract, and all rights of action relating to such enforcement, shall be strictly reserved to the County and the named Contractor. Nothing contained in this document shall give or ailow any claim or right of action whatsoever by any other third person. Ii is the express intention of the County and Contractor that any such person or entity, other than the County or the Contractor, receiving services or benefits under this contract shall be deemed ani incidental beneficiary only. Indemnification: The Contractor agrees toi indemnifyand hold harmless the County, the Slate of North Caroline, and any of their officers, agents and employees, and Federal Government from any claims of third parties arising out of any act or omiscion of the Contractor in  Default and Termination  Termination Without Cause: The County may ierminate this contract without cause by glving 30 days written Termination for Cause: If, through any cause, the Contractor shall fall to fulfill Its obligations under this contract in a timely and proper manner, the County shall have the right to terminate this contract by giving written notice to the Contractor and specifying the effective date thereof. Int that event, allf finished or unfinished dellverable items prepared by the Contractor under this contract shal, at the option of the County, become its property and the Contractor shall be entitied to receive just and equllable compensation for any satisfactory work completed on such materials, minus any payment or compensation previously made, Notwithstending the foregoing provision, the Contractor shall not be relieved ofl llabilityt the County for damages sustalned byt the County byvirtue of the Contractor's breach of this agreement, and the County may withhold any payment due the Contractor for the purpose of setoff until sucht time as the exact amount of damages due the County from such breach can be determined. In case of default by the Contractor, without limiting any other remedies for breach available to it, the County may procure the contract services from other sources and hold the Contractor responsible fcr ary excess cost occasionedi thereby. Thei filing ofap patitionfor bankruptcy by the Contractor shall be an act of default Waiver of Default: Waiver by the County cf any delauit or breach in compliançe with the terms of this centractby the Contractor shall not be deemed a waiver of any subsequent default or breach and shall not be construed to be modification of the terms of this contract unless stated to be such in wrhing, signed by an authorized representative of the Counly and the Contractor and Availability of Funds: The parties to this contract agree and understand thatt the payment of the sums specifiedin this contract is dependent and contingent upon and subject to the appropriation, allocation, and avalabilly of funds for this purpose tot the County. Force Majeure: Neither parly shall be deerned to be In default of its obligations hereunder # and so long asi itis prevented from parforming such obligations by sny acto of war, hostile foreign action, nuclear exploslon, riol, strikes, civil insurrection, earthquake, hurricane, tornado, ord other catastrophic natural avent or act of God. Survival of Promisas: All promises, requirements, terms, conditions, provisions; representations,  notice tot the Çontractor.  County.  ofall ofi its subcontractors.  under this contract.  attached to the contract.  Indemnity: and surancs  connection with the  NCDHHS TC1010 (General Terms and Conditions) (Local Government) (Rev. 11.01.15)    :  During the performance of this contract, the contracior Is tor notify the County contract administrator ofany contact by the federal Office for Civil Rights (OCR) received by Cost Bome by Contractor: If any epplicable federal, state, or local law, regulation, or rule requires the County ort the Contractor to give affected persons written notice ofa security breach arising out of tha Contraciors performance under this contract, the Contractor shall bear Access to Persons and Records: The State Auditor shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7.Addlionaly, as the State funding authority, the Department of Health and Human Services shall have access top persons and records as a result ofs allcontracts or grants entered into by State agencias or political Record Retention: Records shall not be destroyed, purgedo or disposed ofwithoutt the express written consent oft the County. State basic records retention policy requires all grant records to be retained for a minimum of five years or until all audite exceptions have been resolved, whichever is longer. M the contract is subject to Federa! policy and regulations, record retention be longer than five years. Records must be retaiad may for a three years following submisslon of the fina! period Federal Financial Status Report, if applicable, or three years following the submission of a revised fnal Federa! Financial Status Report. Also,  any litigation, clairt, negotiation, audit, disallowance action, or other action involving this Contract has been 3tarted before expiration oft the five-year retention period described ahove, ths records must be retained until completion of tha action and resolution of all issues which arise irom it, or until the end of the regular five-year period described sbove. whichever is later. The record retention period for Temporary Assistance for Needy Familias (TANF) and MEDICAID and Medical Assistance grants and must be retained for a minimum oft teny years. programs  guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of Copyrights and Ownership of Deliverables: All deliverable items produced pursuant to this contract are the exclusive properly of the County. The Contractor shall not asserta a claim of copyright or other property Interestin Compliance with Applicable Laws Compliance with Laws: The Contractor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct ofi its business, including those off federal, state, and locel agencies having jurisdiction and/or authority. Equal Employment Opportunity: The Contractor shall. comply with all federal and State aws- relating to equal Health Insurance Portability and Accountability Act AA): The Coniracior agrees that, if the County sixmines that soue or all of the activitiee within the ape of this contraci are subject to the Healthinsurance Fensblity and Accountability, Actof 1996, P.L.104-91, as inded (HPAAri its implementing regulatiens, itwill soiy with the HIRAA requirements and will execute Sese. agreements and practices BS the Counly may Confidentiality: Any information, data, instruments, documents, studies or reports given to or prepared or essembled byt the Contractor under this agreement shall bel kept as confidential andi not divuiged or made available to any individual or organization without the prior wrilten approvai of the County. The Contractor acknowledges that in receiving, storing, processing or otherwise dealing with any confidential information lt will safeguard and not further disclose the information excapt as otherwise Data Security: The Contractor: shall adopt and: apply data security standards and procedures that comply with all applicable feders!, state, and local laws, regulations, and Duty to Report: The Contractor shall report as suspected or confirmed security breach to the County's Coniract Administrator within twenty-four (24) hours after the breach is first discovered, provided that the Contractor sha!l report B breach involving Social Security Administration data or Internal Revenus Service data within one (1) hour after the breach is first discovered.  the contractor.  limitatian.  Intellectual Property Rights  the cost oft the notice.  Oversight  such detiverables.  subdivisions.  employment opportunity:  of  require to ensure compliance.  Confidentialty  provided int this contract.  rules.  NCDHHS TC1010(Genera! Terms and Conditions) (Local Government): (Rev.1 11.01.15)    or phrase shall be read to include the plural and vice Time of the Essence: Time is of the essence in the periormance of this contract. Key Personnel: The Contractor shail not replece the key personnel essigned to the contract without the prior written approval performance of the County. The term "key personnel" includes any and all identified as such in the contract documents persons other persons subsequently identified as and any byt the written agreement of the parties. key personnel Care of Property: The Contractor agrees that R shall be property furnished to it for use in connection with the performance of this contract and will reimburse tha County for loss of, or damage to, such property. At the termination of this contract, the Contractor shal contac! the County for instructions as to the disposition of such property and shall comply with thesei instructions. Travel Expenses: Reimbursement to the Contractor for. travel mileage, meals, incurred in the periormance lodging of and this contract expensas exceed the rates published in the applicable shall not or approved local govemment travel travel shall not be relmbursed under this pollcy. contract. Sales/Use Tax Refunds: If eligible, the Contracior and all subcontractors shal: (a) ask the North Carollna Department of Revenue for a refund of all sales and Use taxes paid by them in the performance of this contract, pursuant to G.S. 105-164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in thefr Advertising: The Contractor shell not use the award of this contract as a part of any news release orcommercial  Miscellaneous  versa.  Cholce ofl Law; The validity oft this contracta anda any ofi its terms or provisions, as well as ther rights and duties of the parties tot this contract, are governed by the laws of North Carolina. The Contractor, by signing this contract, agrees and submits, solely for matters concerning this Contract, tot the exclusivej jurisdiction oft the courts ofNorth Carolina and agrees, solely for such purpose, that the exclusive venue for any legal proceedings shall be Wake County, North Carolina. The place of this contract and all transactions and agreements relating to it, and their situs and forum, shall be Wake County, North Carolina, where alln matters, whether sounding in contract or tort, relating to the validity, construction, interpretation, and enforcement: shal! be determined. Amendment: This contract may not! be amended orally or byp performance. Any amendment must! ber madei in written form and executed by duly authorized representatives of the County and the Contractor, Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this contract violates any applicable law, each suchp provision orrequirement shall continue tot be enforced to the extent iis not in violation of lew or is not otherwise unenforceable and all other provisions and requirements oithis contract shall remain inf fuil force and effect. Headings: The Section and Paragraph! headings in these General Terms and Conditions are not material parts of the agreament and ghould not be used to construe the Gender and Number: Masculine pronouns shall be read toinclude feminine pronouns and the singulard ofanyword  of any this of  responsible for the proper  custody and care of any  other traval  Internationa! State rucs  meaning ihareof.  reimbursement: reports. advertising.  NCDHHS TC1010 (General Terms and Conditions) (Local Government) (Rev. 11.01,15)    ATTACHMENT B- -; Scope ofWork Federa! Tax Id. orSSN 27-3721789 1.C Contractor Agency Name: Empowering Lives Guardianship Services, LLC 2. different from Contract Administrator Information in General Contract:  Contract#12425  A. CONTRACTOR INFORMATION  Address Telephone Number: 3. NameofProgram (s): 4. Status:  Fax Number:  Email:  Public  Private, Not forProfit Private, For Profit  5. Contractor's Financial Reporting Year January through February B. Explanation ofServices to! be provided and to whom (include SIS Service Code):  Aomr Gmardanship Sokices C.R Rate per unit ofService (define the unit):  1.IfStandard Fixed Rate, Maximum Allowable, (See Rates for Services Chart)  Mx51 : %  w  8SN  : 03sS: 2.1 Negotiated County Rate.  The Department of Social Services will pay Empowering Lives Guardianship Services, LLC a fee of$275.00, per ward per month for a maximum often (10)  wards during fiscal year 20282025-.  D.) Number of units to be provided:  E.Details of Billing process and' Time Frames; Empowering! Lives Guardianship Services, LLC will submit monthly invoices to thel Department of Social Services, Invoices received by the 10+ oft the month will be paid by the last working day ofthe month. Empowering! Lives Guardianship Services, LLC must provide guardianship services to a ward for at least the first day of the month for which payment is requested in  order to receive payment for the named ward.  F. Area to be served/Delivery site(s): Lee County citizens tol be served.  Sa OF NE,  Contraci-Scope ofWork (7-2008)  Page lof1    Athorized Perspn)  (Signature ofContractor) AA ELKkug (Date Submitted)  psls/2024  TISE  Contrapt-Scope of Work (7-2008)  Page 2of1       FEDERAL CERTIFICATIONS  The undersigned states that:  1. He or she is the duly authorized roprasentative of the Contractor named below;  2. He or shei is authorized to make, and does hereby make, the following certifications on behali of the Contractor, as set  out herein:  The Certification Regarding Nondiscrimination; The Certification Regarding Drug-Free Workplace Requirements; The Certification Regarding Environmental Tobacco Smoke; Transactions; and The Certification Regarding Lobbying; at which the contract work willl be performed; 4. [Check the applicable statement)  The Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tler Covered 3. He or she has completed the Certification Regarding Drug-Free Workplace Requlrements by providing the addresses  11 He or she has completed the attached Disclosure Of Lobbying Activities because the Contractor has made, or has an agreement to make, a payment to a lobbying entity fori influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or amployee of Congress, or an employee da 1I He or she hes: not completed the attached Disclosure of Lobbying Activities because the Contractor has not made, and has no agreement to make, any payment to any lobbying entity for influencing or attempling to lflvence any officer or employse of any agency, any Member of Congress, any offiçer or employoe of Congress;  Member of Congress ine connection with a covered Federal action;  OR  or any emplovee cfa! Member of Congress In connection with a covered Federal action. 5. The Contrecton shail requirei its subcontractors, ffany, to make the same certiications and disclosure.  f ELGEs  Sighsture Contractor Nama  Aus/Alu  EMAVEIN6 LIVES GUAROAASHIP SERVICESLIC  6/a/20a4 Date  IThis Certification Must be Signed by the Same Individual Who Signed the Proposal Execution Pagej The Contractor certifies that it will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. $$1681-1683, and 1685-1686), which prohibits discrimination on the basis of sax; (c) Section 504 of the Rehabilitation Act of 1973, as amended (2e U.S.C. $794). which prohibits discrmination on the basis of handiçaps; (d) the Age Discrimination Act of 1975, as amended (42U.S.C. 558101-6107), which prohibits discrimination on thet basis of age: (e) the! Drug Abuse Offica and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuze; (0 the Comprehensive Alcoho! Abuse and Alcoholism Prevention, Treatment and Rehablitation Act of 1970 (P.L. 91-616), BS amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Title VIll of the Civit Rights Acto of 1968 (42 U.S.C. 563601 et Beq.). as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) the Food Stamp Act and USDA policy, which prohibit discrimination on the basis of religion and political baliefs; and  Certification: Regarding Nondiscrimination  the requiremenis  @)  ofa any other nondiscrimination: statutss which may apply to this Agreament.    1.C Certification Regarding Drug-Free Workplace Requirements  1. The Contractor cartifies that! It wil provide a drug-free workplace by: Pubishing a statement notifying employees that the unlawful manufacture, distribution, teken agsinst employees for violstion of such prohibition; . Establishing a drug-free awareness program toi inform employees about: The dangars of drug abuse in the workplace; The Contractor's policy of maintaining ac drug-trec workplace;  use of a controlled subslance is prohibited in the Contractor's workplace and specifying dispensing, the actions possession that will or  be  ii. Any available drug counseling, rehabiitation, and employes assistance programs; and iv. The penaltles that may be imposed upon employees for drug abuse violations occurring In the workplace; Making ita ar requirement that each employae be engaged ini the performance of the agreement be d. Notifying the employee in the statement required by paragraph (a) that, as a condition of  thes statement required by paragraph (a); agreement, the employee will: Abide byt the terms of the statement; and than five days after such corwiction; olherwise receiving actual notice ofs such conviction; arye employee whio is so convicted: termination; or agency; and (a), (b), (c). (d), (e), and(). add edditional pages Hr necessary):  given a copy of employment under the the workplace no later  Nolify the employer of any criminal drug statute conviction for a violation occurring in e. Nolllying the Department within ten days after receiving notice under subparagraph (d)i) from an Vaking one of the following actions; within 30 days of receiving nolice under subparagraph Taking appropriate personnel action against such an employes, up to Requiring such employee to parlicipate satisfactorily in a drug abuse assistance or renablitation approved for such purpases by a Federal, State, or local health, law enforcement, or 9. Makinga a good faith effort to continue to maintain a drug-free workplace through implemeniaticnt ofp 2. The sites for the parformance of work done in connection with the specific agreement are lisied  employee or (dX), with respeci to and including program other appropriste paragraphs below (list all sitas;  Address Street City, State, Zip Code Street Cily, State; Zip Code  a554 Lewsnkk Cemmas Ra,S3o  Dlemmas M 81012  HO Mhkh  Zalag NE 27609 Communehes thingine NC.    :  3. Contraclor willi inform the Department of any additional shes for performance of work under this agreement. False cerlification or vlolation of the certification may be. grounds for suspension of payment, suspension or termination of grants, or govemment-wics Federal suspension or deberment. 45C.F.R. 82.510.  IB. Certification Regarding Environmental Tobacco Smoke  Public Law 103-227, Part C-Environmental Tobacco Smoke, aiso known as the Pro-Children Act of 1994 (Act), requires that smoking not be permitted in any portion of anyi indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, education, or lbrary services to children under the age of 18, H the services are funded by Federal programs either dkectly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law does not apply to children's services provided in private residences, faclities funded solely by Medicare or Medicaid funds, and portions off facilities used for inpatient drug or alcohol treatment. Faiure to comply with the provisions of thel law may resulti in the imposition ofa civil monetary penally of up to $1,000.D0 per day The Contractor certifies that it will comply with the requirements of the Act. The Contractor further agrees that It Wil require the language of this certification be included in any subawards that contain provisions for children's services and IV. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier  and/or the imposition of an administrative compliance order on the responsible entity.  that: all subgrenlees shall certify accordingly.  Covered Transactions Instructions  (The phrase prospective iower tier participant" means the Contractor.)  5  * Eg siing and ebritting this document, the prospective lower tier participant is providing the certification set out  2. The osrification a this clause is a mater'ai representation of the fact upon which reliance was placed when this ssaclion was entered into. Hiis later determined that the prospective lower tier parlicipant knowingly rendersd an enonsous certification, in addition to other ramedies Gvailable to the Federal Govemment, the department or agency witn which this transaction originate may pursue availeble remedies, including suspension and/or debarment. 3. The prospective lower tier participant will provide immedlate written notice to tha person to whom this proposal l submitted Hat any time the prospectivel lower tier participant leams that lis certification was erronsous when submitted The terms "covered transaction," "debarred," "suspended," "ineligible," "ower tier covered transaction," "paricipant," "parson,""pimary covared transaction," "principal," "proposai," and" "voluntarily excluded," as usedi ini this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12540, 45 CFR Part 76. You may contact the person to whom this proposal is submitted for assistance In obtaining a copy of those 5. The prospective lower tier participant agrees by submiting this proposal that, should the proposed covered transaction be entered into, l shall not knowingly enter any lower tier covered transaction with a person who is debarred, suspended, determined ineligible or voluntarily excluded from participation In this covered transaction The prospective lower tier participant further agrees by submitting this document that It wil include the clause titled "Certfication Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lowar Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered 7. Ap participant in a covered transaction may rely upon a certification of a prospective participent in ai lower tier covered transaction that iti is noi debared, suspended, ineligible, or volunterily excluded from covered transaction, unless it knows thai the certification is erroneous. A participant may decide the method and frequency by which It detarmines the eligibility ofl ks principals.. Each participant may, but is not required to, check the Nonproourement Lisi.  heloa,  :  ort has become erroneous by reason of changed circumstances.  regulations.  unless authorized by the department or agency with which this transaction originated.  transactions.    8. Nothing contained in the foregoing shall be construed to require establishment of a systam of records in order to render in good faith the certification raquired by this clause. The knowledge and information of 2 participent is not required to exceed that whichi is normally possessed! by a prudent person in the ordinary course of business dealings. Except for transacticns authorized in paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a iower tier covered transaction with a person who is suspended, dabarred, ineligibie, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available ramedies,  including suspension, and/or debarment.  Certification  1. The prospective lower tier participant certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation 2. Where the prospective lower tier participant is unable to cerlify to any of the statements in this cerlfication, such  int this transaction by any Federal department or agency. prospective participant shall allach an explanationi to this proposal.  V. Certification Regarding Lobbying  The Contractor certifies, to the best of! his or her knowiedge and belief, that:  I. No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of eny Federal contsact, continunation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative . fag dunds oihir than Federal appropriated funds have been paid or will be paid to any person for influencing or lenming to. npence an officer or employse of any agency, a Member of Congress, an officer or employee of 96 an. mployee ofa Member of Congress in connection with this Federally funded contract, grant, ipan, or prative Rgroament, the undersigned shall complete and submit Standard Form SF-LLL, "Disclosure of Lobbying 3. The undersigned shall require that the language of this certification be included int the award document for subawards al all tiers (including subcontracts, subgrants, and contracts under grants, loans. and cooperative agreements) who receive federal funds of$100,000.00 or more and that all subrecipients shall certify and discloso accordingly. This cerification is a material representation of fact upon which reliance was placed when this transaction was made" orentered into. Submission of this certilcation is a prerequisite for making or entering into this transaction Imposed by Section 1352, Title 31, U.S. Code. Ary person who fails to file the required certification shall be subject to a civi  Rnen.  Ptiveties," in sccordance with its instructions.  penally of not! less than $10,000.00 and notr more than$100,000.00 for eachs such failure.  VI. Dieclosure Of Lobbying Activities  Instructions  This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation orr recelpt ofa a covered Federal action, or a material change to a previous filing, pursuant tot titie 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempling to influence an officer or employee of any agency, a Member of Congress, an officer oF employee of Congress, or an employes of a Member of Congress in conneçtion with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information i the space on the form is inadequate. Complate al! Mems that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office d *.  Management and Budget for additional information.    :  Sar  Idenify thet type of coverod Federal action for wwhichi iobbying activily is and/or has been secured toi influence the outcome 2. Identify ihe appropriate classiication of this report. # this is a follow-up report caused by a materiai changa to the. information previously reported, anter the year and quarter In which the change occurred. Enter the date of the last : 3. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting antity that designales Hi is, or expects to be, a prime or sub- award recipient. Identify the tier of the subawardee, 6.g., the first subawardee of the prime Is the 1st tier. Subawerds 4. #F the organization filing the report in Item 46 cheçks "Subawardee", then enter the full name, address, city, state and Enter the name of the Federal agency making the award or loan commitment. Include at lesst one organizational level below agency name, ifknown. For example, Department of Transportation, United States Coast Guard. Enter the Federal program name or description for the covered Federal action (Item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for. grants, cooperative agreements, loans, and loan 7. Enter ths most appropriate Federal Identifying numbar available for the Federal açtion identified in Item 1 (e.g.. Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contraci grant, or loan evard number, the epplicaion/proposal control number assigned by the Federal agancy). include prefixes, Fre couerd Esderal action wirere thare has been an award or loan commitment by the Federal agency, ante: 8 . T B R a9 name, address, city. state and zip code of the lobbying entity engaged by ths reporting entily dy Eiv EN Agses oft the individual(s)! perfarming services, andi include full address ifc different from 10(a). Enierlast 10. Enter the amount of compensation paid or reasonably expected to be paid by the reporting enlity (ltem 4) to the lobbying entity (Item 10). indicate whether the-payment has baen made (actual) or wil be mede (planned). Chedk s boxes that apply. if this is a matarial change report, enter the cumulative amount of payment made er plannad to bs H. Check the appropriate boxes.' Check all boxes thai apply. lfpayment is made through an in-kind contribution, epesy 13. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected lo perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time speni in actual contact with Federal officlals. Identify the Federal offioial(s) or employee(s) contacted or the afficer(s).  ofacovered! Federal action.  I. Identify the status of the coverad Federa! action,  previously submitled report by this reporting entilyf for this covared Federal action.  include but are not limited to subcontracts, subgrants and contract awards under grants. zip code of the prime Federal recipient. Include Congressional District, ifk known.  commitments.  e.g., RFP-DE-90-001.  FAAEENAT the awardlloan commitment for the prime entity identified in llem 4 or5.    4 toi iniluence the covered Federal action. bane, Firsi same and: Middie Initial (MI).  made.  :  the nalure and value oft the In-kind payment.:  12. Chack ths appropriate boxes. Check all boxes that apply. Ifother, specify nature.  employee(s). or Member(s) of Congress thai were contacted. 14. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.  15.1 The certifying official sha!l: sign and date thef form, print his/her name, titie. andi telephone number. Public reporting burden for this collection of Information is estimated to average 30 minutos per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the dala naeded, and completing and revlewing the coliection of information. Send comments regarding the burden estimate or any othar aspect of this collection of information; including suggestions for reducing this burden, 10 the Office dfManegement and  Budget, Paperwork Reduction Project (0348-0045), Weshington, D. C.20503    Disclosure OfLobbying Activitios (Approved by OMB 0344-0046) 2. Statue of Fedarai Action: &. Bidkollerlappleation b. Initial Award 3 Post-Awerd  Complete this form to disclose lobbying setivitles pursuant to 31 U.S.C.1352  Type off Federal Action: a. contraut b. grant cooperative agreement loan loan guerantee f. loan insurance  3. Report Typs: a. Inltialling D b. myterial changa For Matgnel Chenge Only: Yeag pate OfLest Report  Qusrter_  Name and Address of Reporting Entity: Prime Subawardee Tier (known) Congressionel District (ifknown). 6. Federal DeparmenvAgent 8. Fedaral Action? Numbar (iF known) 10. a. Name and. Address ofL Lobbying Enity- (isdisuak fest name, first nane, MI): ORI Gemimaastion Sheslfs) SFLLAInsA s. uaca o Pagerant (check all! that apply);: 12. Form of Payment (chock all thal apply): 9. cash b. l-kind;specitly: Nalure.  5. fReporting) Ehtity inN No.4 4is Subawardse, Enter Name  and Addrass ofF Prime: Congrespional District (K known). 7. Fédera! Program Neme/Description: CFDA Number (if applicable). 9. Award Amount (k known)s  Individuals Periorming Servicos (ingluding eddnasel different from No. 10a.) (last nsms, disi neme, M (ettach Continuation: Sheetfs) SFLLI-A anecessary) 13. Type of Payment (check all! that apply): b. one-time fee commission contingen! fee deferred other; specify:.    :5A :  aptyal plannad a a. retainer  Value  14. Brief Descripdon of Services Pghformed or lot be Periormed and Date(s)ols Services, Including cficer(s). emplayee(),or Member(s) conacted, for Peynent Indicatedi ink Item 11(altech Continuation Shaetls) SF-LLLA, Enecessay):  15. Continuation Shaats)Sf-LLLA atleched:  D Yes  D No  16. Information requeste through this fom is authorizedt by Signature:, title: 310.S.C.septon 1352. This daclosure ofl lobbylng activities isar matérial representetion off fact upon which Print Neme:. rellanca was plabedh byt the tier above whent thist transaction was made ors shtered inte. This disciosussl is required purausnt to 3 U.S.C. 1352. This information willl be rsporiedt toy yhe Congress semi-anrusty and wil bs avalable fge public Inspection. Any parson whot fails tot file ths requiyéd disclosure: shall be subject lo a civil penally of not! lesshen $10,000 and. not nore than $100,000 for sach  Tie:. Talephone No:.  Date:,  such felure. Federal Upe Only  Authorized forl Local Reproduction Standard Form- -LLL    Forsyth Office 25541 Lewisville Clemmons Rd, #310 Clemmons, NC27012 Winston: 336.714.9790 Raleigh Office 1110 Navaho Drive, #304 Raleigh, NC27609 Ralelgh:919.799.2223  (Empowi ng Lves  Guardianship. Services, LIC  Fax: 855.771.8948 ww.mpowsrngLiwaCuardamstip.on CrisisLine: Office, #9or3 336.655.2580  05/24/2024  To: State Agency Head and Chief Fiscal Officer  Certification:  Icertify that Empowering Lives Guardianship Services LLC does not have any overdue tax debts, as defined by N.C.G.S. 105-243.1, at the federal, State, or local level, further understand that any person who makes at false statement in. violation of N.O.G.S. 143C-6-23(c) is guilty ofa criminal offense punishable as provided by N.C.G.S. 143-34(b).  Eworn Statement:  Stacey Skradski being duly swor, say that lam al Manage/Co-Owner of Empowering Lives Guardianship Services LLC of Clemmons int the State of North Carolina; and thatt the foregoing certification is true, accurate and compiate to1 the best sof my knowiedge and was made and subscribed by me. lalso acknowledgs and understand that any misuse of State  funds wil b6 reponedt 0 De appropriate authorities for further action.  BFaue Manager/Co-Owner  Swom to ands suscribed before me on the day of the date ofs said certification.  si (Notal  My Commission Expires: 728/2027  LonA. Ackerman re andNARY PUBLIC Dare County, NC MyCommission Expires JULY28, 2027  Ifthere areany questions. pease cantact cat leagancy that provided your grant. Ifneeded, your may contact dei North Cerolina  Offics of State Budget and Management NCGmnis@esbt.ncax (919)807-4795  G.S. 105-243.1 defines: Overdue tex debt. Any part ofat tax debt that remains unpaid 90 days or more after the notice off final assessment was: mailed toi the taxpayer. Thet temm does noti include ai tax debt: however, ifthe taxpayer entered into. an instaliment agreement for the tax debt under G.S. 105-237 within 90 days after the notiçe of final assessment was mailed andh has not falled-to  make any paymenis due undert the installment. agrsement.    CONFLICT OF INTEREST ACKNOWLEDGEMENT AND POLICY  State of Norlh Corlina County. Dsre LoA. Aelemen that STACEY ERADSKI acknowiedged that he/she is Menager/60anur  Notary. Public fors said County and State, certify personally appeared before me this day and  of  EMANELAST GUARAINH SBRVKEr ue  [name of Organization)  and byt that authority duly given and as the act of the Organization, affirmed that the foregoing Conflict of interest Policy was adopted by the Board of Direciors/Trustees or other governing body in a meeting heid  onthe_ 34 day of Mayy  lo2y  Sworn to and subscribed before me this. 24! day dmey  2024  LoriA. Ackerman NAGIASPUBLC Dare County, NC  E    My Commision.expires. Jyz Instruction for Orgarization:  2027 My Commission Expires JULY 26, 2027  Sign and attech the following pages after adopted by the Board of Direciors/Tluslers ore othar governing body OR replace the following with the current adopted conflict ofintorastpolicy.  Lwes  mpowering Nape  7A  NCDHHS CO11015 (Rev.4/11)       Conflict of Interest Policy Example  The Board of Directors/Trustees or other governing persons, officers, employees or agents are to avoid any conflict of interest, even the appearance of a confiict of interest. The Organization's Board of Directors/Trustees or other governing body, officers, staff and agents are obligated to always ect in the best interest of the organization. This obligation requires that any Board member or other governing person, officer, employee or agent, in the performance of Organization duties, seek only the furtherancs oft the Organization mission. At all times, Board members or other governing persons, officers, employees or agents, are prohibited from using their job title, the Organization's name or property, for private profit or A. The Board members or other governing persons, officers, employees, or agents of the Organization should neither solicit nor accept gratuities, favors, or anything of monetary value from current or potential coniraclorslvendors, persons receiving benefits from the Organization or persons who may benefit from the actions of any Board member or other governing person, officer, employee or agent. This is not B.AB Board or other governing body member may, with the approval of Board or other governing body, raceive honoraria for lectures and other such activities while not acting in any official capacity for the Organization. Officers may, with the approval of the Board or other governing body, receive hongraria for lectures and other such activities while on personal days, compensatory time, annual leave, or leave without pay. Employees may, with the prior written approval of their supervisor, receive honoraria for lectures and other such activities while on personal days, compensatory time, annual leave, or leave without pay. If a Board or other governing body member, officer, employee or agent is acting In any official capacity, honoraria received inc connection with activities relating to the Organization are toi be paid C. No Board Rember or other governing person, officer, employee, or agent of the Organization shal! partkpae a ARB selection, award, or administration of a purchase or contract with a vendor where, to his kncvledge, a oft the following has at financial interest int that purchase or contract: iN. 1. The Euard member or other governing person, officer, employee, or agent; 3. Any-rssmber of iheir family by tvhole or half blood, step or personal relationship or relative-in-law; S. Facanization in which any of the above is an officer, director, or employee; & A peson or organization with- whom any of the above individuais is negotiating or has any arrangement concerning prospective employment or contracts. D. Duty to Disclosure - Any confiict of interest, potential conflict of interest, or the appearance cf a confict of interest is to be reported to the Board or other governing body or one's supervisor immediataly. E. Board Action : When a conflict of interest is relevant to a matter requiring action by the Board oi Directors/Trustees or other goveming body, the Board member or other governing person, officer, employee, or agent (person(s)) must disciose the existence of the conflict of inferest and be given the opportunity to disclose all material facts to the Board and members of committees with governing board delegated powers considering the possible conflict of interest. After disciosure of all material facts, and after any discussion with the person, he/she shall leave the governing board or committee meeting while the determination ofa conflict ofi interest is discussed: and voted upon. The remaining board or committee Ina addition, the person(s) shall not participate in the final deliberation or decision regarding the matter under consideration and shall leave the meeting during the discussion of and vote of the Board of F. Violations of the Conflicts of Interest Policy : Ift the Board of Directors/Trustees or oiher governing body has reasonable cause to believe a member, offiçer, employee or egent has failed to disclose actual orp possible conflicts of interest, its shali inform the person of the basis for suchl bellei and afford the person an opportunity to explain the alleged fallure to disclose. I, after hearing the person's response and after making further investigation as warranted by the cirsumstances, the Board of Directors/frustees or other govering body determines the member, officer, employee or agant has falled to disclose an actual or possible conflict of intarest, its shal! take appropriate disciplinary and corrective action.  benefit.  intended to preclude bona-fide Organization fundr raising-activities.  to the Organization.  :  members shell decide ffa confict ofi interest exists. Directors/Trusiees or other governing body.  :  NCDRHS CO10IS (Rev.4/11)    G. Record of Conflict - The minutes of the governing board and all committees with board delegated 1. The names of the persons who disclosed or otherwise were found to have an actual or possible conflict of inierest, the nature of the conflict of interest, any action taken to determine whether a conflict of interest was presen!, and the governing board's or committee's decision as to whether 2. The names of the persons who were present for discussions and votes relating to the transaction or arrangement that presents a possible conflict of interest, the content of the discussion, including any alternatives to the transaction or arrangement, and a record of any votes taken in  powers shall contain:  aconflict of interest int fact axisted. connection with the proceedings.  Approved by: #ContraclorName Name of Organization Signature of Organization Official SEsR sis os/2s/2024  EMAWEPIN6 LIES GUARDIANISHHE SERVICES LLG  : Au Pw5. SPPMPAAXCNS  1557 5N - : 33451 : SpCS :  :   .   :  NCDHHS COI1015 (Rev.4/11)    State Certifications  Contractor Certifications Required by North Carolina Law  instructions: Thej person whos signs this document should read the text oft tha statutes and Executive Order listed beiow andc consult with counsel and otherk knowiedgeable persons before signing. The text ofeach North Caroline General Statutes and oft the Execitive Anicle2c ofChapter 64: bMwLA ASPUS.RGIKENKIINlOn sa-PFhAnis-amar 64Arisle2ndf Executive Order) No. 24 (Perdue, Gov., Oct 1,2009): biphanyadlisswmidacemiloyndllaw.E04.mdf G.S. 105-164.8(b): MAsAsfralatsS-sdhag 10S/GS 105-164.8.lf G.S. 143-48.5: r-hasasRw-tnscaisainsemeimMLMatiwlaN 143GS 143-48.5.bim! G.S. 143-59.1: PESASAAPsAAEEASaetiame. 143/GS 143-59.L.pdf G.S. 143-59.2: AERAsaEAEfasatsodigamsama.pEPasinam 143/GS 143-592ndf G.S. 143-133.3: sRARswaNssbasaisamlsmsinNiSaimdan 143GS 143-133.3.hun G.S. 143B-139.6C: hip ATAAsesN-Tasialesihtin.sa PDI BysatimChpisr. 143B:GS 143B-139.6Cnd  Order can be found online at:  G.S. 133-32: hp AMMAAAsAiasCeNS adisihaReIss  Certifications  (1) Pursuant to G.S. 133-32 and Executive Order No. 24 (Perdue, Gov., Oct. 1, 2009), the undersigned hereby certifies that the Contractor named below is in compliance with, and! has not violated, the provisions of either saids statute or Executive Order.  country"as set forthi in G.S.143-59.1(e)2): after December 31, 2001 but the United States is not the principal market fort the public trading ofthe stock of the corporation incorporated in the tax  haven country.  (2) Pursuant to G.S. 143-48.5 and G.S. 143-133.3, the (4) Pursuant to G.S. 143-59.2(b), the undersigned hereby undersigned hereby certifies that the Contractor named. certifies that none ofthe Contractor's officert, directors, beiow, and the Contractor's subcontractors, complies or owners (if the Contractor is an unincorporated with the requirements of Article 2 of Chapter 64 of the business entity) has been convicted of any violation of NC General Statutes, including the requirement for each Chapter78Aofthe General Statutes orthe Securities Act employer with more than 25 employees in North of 1933 or the Securities Exchange. Act of 1934 within Cospis 3 verify the work authorization of its I0 years immediately prior 6o the date of the bid (3) Fti a 6.S. 143-59.1(b), the undersigned hereby certifies that the Contractor will not use a former ceres that ths Contractor named below is not an employee, as defined by G.S. 143B-139.6C(d)2, of "incligible Contractor" as sel forth in G.S. 143-59.1(a) the North Carolina Department of Health and Human (a) Neither the Contractor nor any ofi its affiliates has Department iny violationo ofG.S. 143B-139.6C andt that Mfused to collect the use tax levied under Anticle 5 aviolation of that statute shall void the. Agreement. of Chapier 105 of the General Statutes on its sales (6) The undersigned. hereby certifics further that: ormore ofthe conditions ofG.S. 105-164.8b);and (a) He or shei isac duly authorized representative ofthe  aphgas thresgh the federai E-Verify system." E- solicitation.  Verkss Btens Lank: www.usCis.goy  (5) Pursuantto G.S.143B-139.6C, the undersignod! hareby Services in the administration ofa contract with the  because:  delivered tol North Carolina whent the sales met one (b) [check one oft the following boxes) 'Neither the  Contractor named He Contractor; and  below;  (b) or she is authorized to make, and does make, the foregoing certifications on behalf hereby ofthe knowingly submits a false certification in response tot the requirements of G.S. 143-59.land- -59.2sl shal! be guilty ofa Classlf felony,  Contractor  nor any ofi its afilliates  has incorporated or reincorporated in a "tax 59.1(c)(2) after December31,2001or OThe Contraotcr or cne of its effiliates has incorporated or reincorparted in a "lax haven  haven country" as set forth in G.S. 143- (c) He or she understands that any person who  Contractor's! Nans: WAHRA.CE.GucOAMSIGS 4C  Contncior's Authorized. Agen: Signtre Wiiness:  LGSSE  pagkslany Date_ Slasl2424  Crinkevi Nan Sigtsre  Tile Menapu/lalog   A MTAEh BATY  Tie_AIA  Tles witness shct uld bet present when the Contrector's Authorized. Agent signs this certification ands ghould sign and detet this  document immediately thereafter.  Contracinr Cetifications Rocuind tvt North Corolinal Law (Rcv. 820161  Fusclofi    R  This document willl be used to delerminei ifyouh have a business associaie relationship with a contractor. This form should be completed on allo contrscis thatl have al HIPAA covered! health care cumponent. This would include alll health: releted information.  Contractor: EMANHN6 WES Questions  Contract Number:  Date: 5lga/2021  HIPAA ASSESSMENT FORM  Notes  Steps yES-Got to Question 2. NO/Stop. Therei is no business ssocinterelationship. YES--Go to Question 3. NO--Stop. Therei is no business ssociaterelationship.  1. Has ai relationship been initiated Select allows the contractor toj perform a function or activity for, or on behalfof, County Department of Social Services HIPAA covered health care component? other than treatmeat of clients?  2.1 Ist the function or service to be Select NOTE: The sharing of rendered by the contractor on an activity Individually identifiable  health information with. another treatment contractor for treatment purposes only does noti require ab business associate agreement, See 45 CFR $164.502eXIXUXA) Department ofSocial Services individually identifiable! hea!th information is not covered by HIPAA and thus does not have to be protected through abusiness associate agreement.  3. Does thet function or service to Select NOTE: Data that does not YES--Go to Question 4.  ber rendered by the contractor involve the contain A County  NO--Stop. There is no business associate relationship.  usc or disclosure ofthe County Departnest ofSocial Services indiviusey Sdencifiaie bealth infamatins?  4. Are the services rendered by Select NOTES: Whenever a service NO-Got Question 5. staff from the contractor performed on the is rendered on the premises YES---Stop. Therei is not business  premises ofthe. covered heaith care component, using the component's policies and procedures?  ofa covered component, utilizing the component's component's policies and procedures, the person rendering such servicesi is considered a member ofthe component's workforce, and isr required to comply with the component'sp privacy policies and procedures. No business associate agrecment isr required. Agency  associate relationship.  resources and foliowing the component's resources and following the  5. Ist the contractor performinga 8 Seleot Check appropriate service(s): YES--You have identified a! business  type(s) of function/activity for or on the Attorney' Representing  associate relationship. The spacified function/activity, which involves the  behalf oft the County Department of Social Services HIPAA coverad health  Benefits Management sheriag of individually identifieble  :  1    component that is directly related to the covered health component's continued  Patient. Accounts Billing health information, is provided! byt the Cinims Administration associate relationship as such  Claims Processing Bill Collections Professional Services Special Population. Assessments Dats Aralysis Data Processing Data. Administration JCAHO Re-priçing Rate Setting Practice Management Software Support Utilization Review Quality Assurance Contract Analysis Central Office Supervision Security Dietary Machine Maintenance Facility Maintenance Landscaping Housekeeping Hardware Support Ardits/Surveys JPurchasing  contractor. This constitutes a business information must be protected the same as required ofthel HIPAA covered health care component. There are two types of business associate relationships: * Extemal Business Associate relationships: You have indentified an Exteral business associate relationship ifyous are contracting with any entity Al Business Associate Addendum must bes signed and included with the contract. Ifyou are completinga Memorandum ofAgroement (MOA) with a governmental entity the Govemment Associate Addendum must beutilized. NO-STOP. There is no business associate relationship.  operation?  Council on Accreditation outside city, county or state government.  byls MMwS  ADDITIONAL REQUIRMENTS NOTE: Make sure ali county requirements arei met fori internally sotifying the correct parties for External and Internal Business Associates Rev: 7-1-2013  2    The County of Loe North Carolina  Vendor/Contractor Name: EMKmEé. LWES GMsaalSeE uc  IRAN DIVESTMENT ACT CERTIFICATION REQUIRED BY N.C.G.S. 147-86.59  As of the date listed below, the' Vendor/Contractor listed above certifies that they are not on tha Iran Final Divestment List ("List") created by the North Carolina State Treasurer persuant to N.C.G.S. 147-86.58.  ContractorlVandor shall not utilize any subcontractor that is identified on the list.  E-VERIFY CERTIFICATION  REQUIRED BY N.C.G.S. 143-48.5& 147-33.95(9)  As of the date listed below, the Vendar/Contractor listed above and all Vendor/Contractors subcontraclois certify that they are in compliance with the requirements of Article 2 of Chapter 64 of the North Carolina Ganeral Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify aystem. The undersigned hereby certifias that he/she is authorized by the entity listed above to make the foregoing  siatement.  %  f ELGSE Afn  oc/as/2szy Date Henya/lener Printed-Title  Signattre  Name    CONTRACT PROVIDER NAME: ERIHEENE LES GRARAIAEIP SARVICE uc  CONTRACT NUMBER: PROVIDER'S FISCAL YEAR:  CONTRACT PERIOD: 7uyy1,2024 - Tenazrs  CONTRACT DETERMINATION QUESTIONNAIRE (PURCHASE OF SERVICE Vs. FINANCIAL ASSISTANCE)  Instructions: Enter 5 points for eacht factor In either the yes or no column. Once the entire liet has been completed tally! thep points ine each column. The column with the most points should be ag good indicator of the designation of  thec organtzation-eilher Financial Assistance (Grant) or Vendor (Purchase of Service).  5points 5points Financial Purchase Assistance ofSorvice YES  Determination: Factors  NO  Does the provider determine eligibility? procedures and rules?  Does the provider provide administrative. functions such as Develop program standards Does the provider provide administrative functions such as Program Pianning? Does the provider provide administrative functions such as Monitoring? Dons F provider provide administrative functions such as Program Evaluation? E R2 rprovide administrative functions such as Program Compliance? MARS dhave responsibilityt for programmatic decision making? 5544 W jective to carry out a public purpose to support an overall program objective? C Dxs:isoviter) have tos submit a cost report to satislyad costr reimbursement arrangement? 11 Does the proviourt have any obligation to the funding authority other than the delivery of the 13 Doés the provider provide these or similar goods and/or services only to thef funding agency? 14 Does the provide these ors similar goods and/or serviçes outside normal business operations? Note: The authorized individuai(s) mus! place an) Xi in one of the boxes below TOTAL the type of contractual arrangement for this contract, then sign and date where toi indicated. indicate  mance measured agains! whether specific objectives are met?  specified goods/services?  12 Does the provider operate in E noncompetitive environment?  LDIB  FINANCIAL ASSISTANCE  JPURCHASE: ESERVICE slalgay  EAhe Proprammaticl Individual  KS  Signatbred cfA Authorized Administrative Individual DibS Revised ellastive7-1-2013 page1  h3-14 DATE    AMENDMENT TO COMMERCIALLEASE AGREEMENT BETWEEN LEE COUNTY GOVERNMENT. ANDTHE CITY OF SANFORD THISAMENDMENT, made this ho21Say of Ma,2024,1 by and between Lee County Government ("Landlord"): and the City of Sanford ("Tenant"); WHEREAS, the Landlord and Tenant entered into a commercial lease agreement dated June 20, 2022 whereby the Tenant agreed to lease from the Landlord certain identified space located int ehl Buggy Factory Building, 115 Chatham Street, Sanford, North Carolina; WHEREAS, the Tenant has requested and is currently using approximately 1250 square feet of additional space as shown on Attachments A and B since the WHEREAS, the Landlord and' Tenant mutually desire to amend the lease agreement to include the additional rental space and appropriate rental payment as allowed by Provision 200 of NOW THEREFORE, in consideration of the mutual agreements and obligations of the 1. All prior provisions of the Commercial Lease Agreement dated June 20, 2022 are incorporated herein by reference and remain in full force and effect except as modified 2. New Attachments A and B are attached hereto and shall replace the former Attachments A  signing of the original lease; the existing Lease;  parties, the Landlord and Tenant mutually agree as follows:  specifically by the provisions below. and B and shall control the contract. 3. Provision 1 is modified as follows:  Terms and Rent. Landiord agrees to rent to Tenant the above-described premises, including common area, improvements, and renovations. The term of this Lease shall be for four years, commencing on July 1,2022. The Tenant shall make monthly rent payments for the current space as shown on. Attachments A and B to the Landlord at tne  address specified below:  Finance Director 115 Chatham Street Suite 301 Sanford, NC 27330  The monthly rent shall be $9,907.70. All rent payments must be paid on the first day of each month commencing on 7.1.24. Each year, the rent willl be adjusted by an amount based on the consumer price index, southeast region, but in no event will the amount be greater than 3% in a given year. Landlord will notify Tenant by March I of  the rent payments for the upcomingyear.    Agreed to by the undersigned as representatives oft their governmental agency.  LANDLORD: Lee County Government KirkD. Smith, Chairman HDbkv Lee County Board of Commissioners tulugsu Clerk to thel Board ofCommissioners TENANT: City of Sanford Mali Rebecca W. $amon,Mayor City of Sanford ATTEST:  COUNT a  ATTEST: Hailey Hall  R -  a  Benme Davis Bonnie Davis Clerk to the City of Sanford  This instrument has been pre-audited in the manner required by the Local Government  Budget and Fiscal Contract Act.  Cuda kunun Candace Iceman, Lee County Finance Officer  This instrument has been pre-audited in the manner required by the Local Government  Budget and Fiscal Contract Act.  Poeadi Roun FV2425 Glenda Rosser, City'ofs Sanford Finance Officer    FIRST AMENDMENTTO0CCUPATIONAL HEALTH: SERVICES. AGREEMENT This First Amendment to Occupational Health Services Agreement (the "Amendment"), is made effective as of July 1, 2024 (the "Effective Date"), by and between DLP Central Carolina Medical Group, LLC ("Practice") and Lee County WHEREAS, Practice and Client entered into that certain Occupational Health Services Agreement effective as of WHEREAS, any capitalized term used, but not otherwise defined, herein shall havet the same meaning ascribed to suchi term WHEREAS, Practice and Client have mutually agreed to extend the Term oft the Agreement as more particularly set forth  Govemmment ("Client").  August 29, 2023 (the" "Agreement");a and as set forth in the Agreement;: and  herein.  NOW THEREFORE, the Agreement is) hereby amended as follows:  1. 2.  Term of Agreement. The Term oft the Agreement ist hereby extended for ana additional year, andt thus now continues Miscellaneous- Except as specifically amended herein, all terms and conditions of the Agreement shall remain in full force and effect, except as otherwise: amendedi in writing. This Amendment: may be executed int two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Amendment. The counterparts oft this Amendment may be executed and delivered by facsimile or other electronic signature by any of the parties to any other party and the receiving party may rely on the receipt of such document sO executed and delivered by IN WITNESS WHEREOF, Practice and Client have duly executed this Amendment with an Effective Date as set forth  through. June 30, 2025.  facsimile or other electronic: means asi ifthe originall had! been received.  above. Client:  Practice:  DLP Central Carolina Medical Group, LLC  ee County Government Mipbncta Date:  Pamela. J.J Kane Date:  3-7014  Thisi instrument has been preaudited int the monner requlredt by the Local Govemment and fircal Control Act Cudet Mln Finance Officer, Lee County  5/19/2024 - Final - Document ID 108506 - Page 1 of1    CONTRACT ADDENDUM FOR CONTRACTS WITH ANY DEPARTMENT OF LEE COUNTY GOVERNMENT  CONTRACTOR: DLPCentral Carolina Medical Group, LLC COUNTY DEPARTMENT: Human Resources Department SUBJECT OF CONTRACT: Occupational Health Services HR Department DATETERMOFCONTRACT: July 1, 20241 to. June: 30, 2025  Notwithstanding: any provision contained int the above referenced Contract or Agreement whichmay be to the contrary, the followingprovisions. are incorporated and shall apply, supplant and control: Non-appropriation clause. Contractor acknowledges that Lee Countyi is a governmental entity, and the contract validity is based upon the availability of public funding under the authority of its statutory mandate. Int the event that public funds are unavailable and not appropriated for the performance of Lee County's obligations under this contract, then this contract shall automatically expire without penalty to Lee County thirty (30) days after written notice to Contractor of the unavailabitity and non-appropriation of public funds. Iti is expressly agreed that Lee County shall not activate this non-appropriation provision fori its convenience orto circumvent the requirements of this contract, but only as an emergency fiscal measure duringa substantial fiscal crisis, which affects generally its governmental operations. Int the event of a change ini the Lee County's statutory authority, mandate and mandated functions, by state andi federal legislative or regulatory action,' which adversely: affects Lee County's authority to continue its obligations under this contract, then this contract shall automatically terminate without penalty to Lee County upon written notice Dispute Resolution/ursdiiction/Venue. Any dispute arising under this Agreement may be settled by mediation ini the State of North Carolina in accord with such procedures as may be available to units of local government under state law. No other dispute resolution procedures shall apply. Jurisdiction for any legal proceedings concerning this contract or agreement shall be in the state courts int the State of North No pledge of taxing authority. No deficiency judgment may ber rendered against Lee County or any agency of Lee County in any action for breach of a contractual obligation under this contract. The taxing power of the Lee County is not pledged directly or indirectly to secure any monies due under this contract. Conflict of Interest: Ifthis is a contract for design, engineering, contract administration or similar services, the Contractor will not enter into contracts or agreements with third parties that may present a potential for conflict of interest between Lee County and the third parties regarding the subject matter of this Contract or Compliance with E-Verify requirements: The Contractor and any of its subcontractors must compty' with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, if applicable, which requires certain employers to verify the work authorization of each newly hired employee through the federal  to Contractor of such limitation or change in Lee County's legal authority.  Carolina. Venue for suchproceedings: shall be Lee County.  Agreement.  Revised 4-9-2024    E-Verify program operated by the United States Department of Homeland Security and othert federal Divestment from companies that boycott israel: Contractor certifies that (a) iti is noti identified on the Israel Boycott List or any other list created by the NC: State Treasurer pursuant to N.C.G.S. 147--86.80etal and (b) it will not take any action causing itt to appear on any such list during thei term of the contract Iran Divestment Act Certification. The Contractor certifies that the Contractor is not listed on the Final Divestment List created byt the State Treasurer pursuant tol N.C.G.S. 147-86.58 (the Final Divestment List) and the Contractor will not utilize any subcontractors performing work under this Contract which is listed on the Final Divestment List. The Final Divestment List can be found ont the State Treasurerswebsite at the Non-Discrimination in Employment. The Contractor will not discriminate again any employee or applicant for employment because of age, sex, race, creed, national origin or disability. Int the event Contractor is determined! byt thet final order of an appropriate agency or courtt to be iny violation of this provision or any non- discrimination; provision off federal, state or local law, this Contract may bes suspended or terminated, in whole or in part byt the County. In addition, the Contractor mayl be declared ineligible fort further contracts Indemnification: The Contractor agrees, to thei fullest extent permitted by law, to indemnify and hold harmless the County, its officers, directors and employees (collective, County) against all damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, to the extent caused by Contractor's negligent performance of services under this Agreement and that of its subcontractors or Drug-Free Workplace. During the performance oft this agreement, the Contractor agrees to () provide a drug-tree workplace fori its employees; (ii), post in conspicuous places, available to employees and applicants for employment, a statement notifying employees of the untawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in its workplace and specifying the actions that will bet taken against employees for violations of such prohibitions, (ii) state in all solicitations or advertisements for employees placed by or on its behalf that it maintains a drug-free workplace; (iv) include the provisions of thet foregoing clauses in every subcontract or purchase order of over $10,000.00 sO that the provisions will be binding upon each subcontractor or vendor. Gov Ops. Contractor: acknowledges that by contracting with Lee County and receiving public funds, they may be subject to potential examination, evaluation andi investigation, including access to buildings and documents and compelled testimony, by the. Joint Legislative Commission on Governmental Operations under Section 27.10(b) of North Carolina S.L. 2023-134. Contractor acknowledges that Lee County hasr no  agencies.  agreement.  address and should be updated every 180 days.  with the County.  anyone for whom the Contractor is legally liable.  controt over the Commission: and its activities.  For the CONTRACTOR: For LEE COUNTY: Revised 4-9-2024  Title:  Title: CHAIDMAW LE GvaTy MHSSIC    DocuSign Envelope ID: 0SBFICSD-EA2D-4ID-AP4E42SCAID8404 OCCUPATIONAL HEALTH SERVICES AGREEMENT  This Occupational Health Services Agreement (the 'Agreement") is made and executed on the dates set forth below the parties' signatures, to ber made effective on the last date of signature (the "Effective Date"), by and between DLP Central Carolina Medical  Group, LLC (the' Practice") and Lee County Government (the "Client").  RECITALS:  WHEREAS, Client desires to effectively contain operational expenses and increase organizational productivity by providing WHEREAS, Client is need of providers that are qualified and duly) licensed to provide Such occupational health services toi its WHEREAS, Practice employs ord otherwise contracts with certain health care providers who are qualified and duly licensed to WHEREAS, Client desires to acquire certain occupational health services from Provider, and Provider desires to provide such NOW1 THEREFORE, in consideration of thef foregoing and other good and valuable consideration, ther receipt. and sufficiency  certain occupational health: services toi its eligible employees;  eligible employees;  provide occupational healths services; and services to Client as more particularly: set forth herein.  ofv whichi is hereby acknowledged, the parties hereto agree as follows;  Section 1- Description of Services.  1.1 Services. Practice will provide the occupational heaith services as set forth in Exhibit A, attached hereto and incorporated herein by reference to Client's eligible employees. Practice will provide Medical Directorship oversight of the occupational healths services program ass set forthi in Exhibit 8, attached! hereto and incorporated! herein byr reference (collectively, the  "Services").  Section 2- Compensation; Billing.  2.1 Compensation, in consideration oft the Services provided by Practice hereunder, Clients shall pay Practice the fees set forthi in Exhibit A (the' Compensation"). The parties acknowledge and agreet that the Compensation being paidt by Client hereunderis fair market value for the services being provided by Practice and that such Compensation has not been determined in: a matter that takesi into account the volume or value of patient referrals or health care business generated between Client and Practice and/or any 2.2 Billing. Practice will be responsible to submit invoices directly to Clientf for whom the services are provided based on Practice's then-current policies. Invoices submitted by Practice shall be rendered to Client on a monthly basis, and payment shallb be due thirty! (30) days from Client'sreceipt ofs suchi invoices. Eachi invoice shalli indicate the Services provided and rate charged to Client.  oftheir affiliates.  Section 3- Term; Termination. (the "InitialTerm")-  3.1 Term. This Agreement shall commence ont the Effective Date ands shall continue fora a period of one (1) yeart thereafter 3.2 Termination Without Cause. Either party may terminate this Agreement, without cause, by providing not less than sixty (60) days' prior written notices statingt thei intended date oft termination. In the event that either party terminates this Agreement during the first year of the Initial Term, the parties shall not enter into a different agreement for the same services until the first 3.3 Iermination by Practice. Without limiting any of Practice's other termination rights under this Agreement, Practice may immediately terminate this Agreement in the event that: (a) Client, if applicable, undergoes a general assignment for benefit of creditors, files a petition for relief in bankruptcy or under similar laws for the protection of debtors, or upon the initiation of such proceedings against Client if the: same are not dismissed within forty-five (45) days of service; (b) Medicare, Medicaid, or any other  anniversary oft the Effective Date.  Rev. 6.5.2019 4813-0747-5348.3  8/21/2023 - Final - Docunient ID 92571 - Page 1 of8    DocuSign Envelope ID: 086FICSDEA2D44IDAB14EA28C41DBA04  federal, state, or local legislative or regulatory authority adopts any rule, regulation, policy, procedure ori interpretation thereof that, ona advice of Practice'st fiscal or legal counsel, requires that this Agreement ora any Exhibit be terminated; or (c) Practice closes or loses 3.4 Termination for Material Breach. In addition to any other termination rights that either party may have under this Agreement, either party may terminate this Agreement at any time in the event the other party engages in an act or omission constituting: a materialb breach ofa anyt termo or condition oft this Agreement. Thep party electingt tot terminate this Agreements shall provide the! breaching party withy written notices specifying the nature oft thel breach. The breaching partys shallt then have twenty (20) days from the date oft the noticei in which tor remedy the breach and conform its conduct to this Agreement or the applicable Exhibit(s). Ifsuch corrective actioni isr not taken withint thet time specified, this Agreement shallt terminate att the end oft thet twenty (20) day period without 3.5 Effect of Termination. Upon any termination of this Agreement, neither party shall have further rights against, or obligations to, the other party except with respect to any rights or obligations accruing prior tot the date and time oft termination and any obligations, promises or agreements that expressly extend beyond thet termination, including, but not limited to, those set outin  Medicare certification.  further notice or demand.  Section! 5,6 6.6, and 6.8. Section 4. Change of Circumstances.  4.1 In the event that Medicare, Medicaid, any third party payor or any federal, state or local legislative or regulatory authority adopts any! law, rule, regulation, policy, procedure ori interpretationt thereof that establishes: a material change to ther manner ofe either party'soperations undert this Agreement or an Exhibit and/or the costs related thereto, then upont the request ofe eitherp party materially affected by any such change in circumstances, the parties shall enter into good faith negotiations for the purpose of establishing such amendments or modifications as may be appropriate in order to accommodate the new requirements and change ofcircumstancesi while preserving the originali intent oft this Agreement and/ort the applicable Exhibit(s) to the greatest extent possible. If, after thirty (30) days of such negotiations, the parties are unable to reach an agreement as to how or whether this Agreement and/or the applicable Exhibit(s)s shall continue, then either party may terminate this Agreement and/or the applicable Exhibit(s) upon  thirty (30) days' prior written notice. Section! 5- Insurance; Indemnification.  5.1 Tothe extent provided byt the law, each party) hereby agreest toi indemnify (the" Indemnifying' Party")andi holdi harmless the other party (the "Indemnified Party") from and against any claim, damage, loss, expense, liability, obligation, action or cause of action, includingreasonable attorneys" fees and reasonable costs of investigation, that the Indemnified Party may sustain, pay, suffer or incur by reason of any negligent act or omission of the Indemnifying Party in connection with services provided and duties 5.2 Clienta and Practice shalle each (1) maintain inf force ata allp pertinent times ate eachp party's sole expense a policy of general and professional: liability insurance int the minimum amount of One Million and 00/100 Dollars ($1,000,000.00) per occurrence, Thrae Two Milllon and 00/100 Dollars 52,000,000.00) in the annual asgregate and (ii) if applicable, participate in the appropriate state compensation fund. Each partys shall alsor maintain workers' compensation insurancer for its employees in accordance with applicable State requirements. Each party shall furnish, at the other party's request, certificate(s) ofi insurance evidencing the aforementioned 5.3 Each party agrees, and itis the statedi intent ofe each party, that they shall only be liable to the other party under this Section for the proportionate liability or representative share of negligence allocated to such party based on the negligent acts or omissions of each party. If such allocation is not determined by a court of competent jurisdiction and the parties in good faith are otherwise unablet to agree tos such allocations, either party! hereto may bringa an action, includinga a: summary or expedited proceeding, 5.4 Each party specifically reserves any common law right of indemnity and/or contribution that either party may! have  undertaken under this Agreement, including any claims for personal injury or wrongful death.  coverage.  to compe! binding arbitration ofs such matter.  against the other. Section 6. Miscellaneous. Rev. 6.5.2019 4818-0747-5348.3  8/21/2023 - Final - Docunient ID 92571 - Page 2 of8    DocuSign Envelope ID: 056F1C5D-E42D-42D-441D-A914-E429C41DB404  6.1 Entire Agreement: Amendment: Counterparts. This Agreement contains the entire agreement of the parties hereto ands supersedes: allp prior agreements, contracts and understandings, whether written or otherwise, betweent the parties relating tot the subject matter hereofa and may not be amended or modified except byt the mutual written agreement of the parties. This Agreement mayeacht be executed in one or more counterparts, each ofv whichshallbe deemed and original, buta all of which together shall constitute 6.2 Partial Invalidity: Waiver. In the event any provision of this Agreement is found to be legally invalid or unenforceable for any reason, the remaining provisions of the Agreement shall remain int fullf force and effect provided the fundamental rights and obligations remain reasonably unaffected. A waiver by either party ofa breach or failure to perform hereunder shall not constitutea 6.3 Assignment. Client may not assign any of its rights or obligations hereunder without the prior written consent of Practice. Practice may: assign this Agreement to anys successor to all, ors substantially all, of Practice's operating assets or to anya affiliate of Practice. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and 6.4 Independent Contractor. The parties are performing services and duties under this Agreement as independent 6.5 Regulatory Requirements. The parties expressly agree that nothing contained in this Agreement shall require either party to refer or admit any patients to, or order any goods or services from the other, Notwithstanding any unanticipated effect of any provision of this Agreement, neither party will knowingly or intentionally conduct itself in such a manner as to violate the prohibition against fraud and abuse in connection with the Medicare and Medicaid programs (42 U.5.C. $1320a-7b). 6.6 Access to Records. As and to the extent required by law, upon the written request of the Secretary of Heaith and Human Services, the Comptroller General or any of their duly authorized representatives, each party shall make available those contracts, books, documents and records necessary to verify the nature and extent of the costs of providing services under this Agreement. Suchi inspection shalll be available for upt tof four (4)years aftert the rendering of such: services. Ifap party carries out any of the duties oft this Agreement throughas subcontract witha a value off $10,000.00 or more over a twelve (12)r month period with a related individual or organization, such party agreest toi include this requirement in anys such subcontract. This section isi included pursuantt to andi is governed by the requirements of 42 U.5.C. $1395x/v)(1): and the regulations thereto. No attorney-client, accountant-client, or 6.7 Notices. Any notice required or permitted to be given hereunder shall be in writing and may be given by: (1) hand delivery and shall be deemed given on the date of delivery: (2) registered or certified mail and: shall be deemed given the third day following the date of mailing; or (3) overnight delivery! by reputable overnight delivery service: such as Federal Express or UPS and shall be deemed given thef following day, All notices to Client or Practice shall be addressed to Client's Address and Practice's Address as set forth on the signature page of Agreement, together with a required copy to 330 Seven Springs Way, Brentwood, TN 37027, 6.8 Alternate Dispute Resolution. The parties firmly desire to resolve all disputes arising hereunder without resort to litigation in ordert to protect their respective business reputations and the confidential nature of certain aspects oft their relationship. Accordingly, any controversy or claim arising out of or relating to this Agreement shal! be settled by arbitration administered by the American Health Lawyers Association in accordance with its rules. The award or decision rendered by the arbitrator will be final, binding, and conclusive, and judgment may be entered upon such award by any court of competent jurisdiction. The arbitration process itself, and any other information or disclosures revealed by either party to the arbitrator or to the other party during the arbitration process will be confidential. No disclosure of the award shall be made by the parties except as required by thel law oras necessary or appropriate to effectuate the terms thereof. The location of such arbitration shall be in the city where the Practice is located unless the parties mutually agree to another location. The dispute shall be governed by the laws of the State. Further, the prevailing partys shall bee entitled tor recover allo costs and expenses associated with arbitration, including reasonable attorneys' fees. If the arbitrator determines that neither party has substantively prevailed, the parties shall bear equally the fees and cosis of the arbitrator and the related expense of arbitration. This section specifically survives the termination ofthis Agreement. 6.9 Thra-ParyBenehcares: This Agreement is entered into for the sole benefit of Practice and Client. Nothing contained herein ori Int the parties' course of dealings shall be construed. as conferring any third-party beneficiary status ona any person or entity  one and the same instrument.  waiver of anys subsequent breach or failure.  permitted assigns.  contractors and not as employees, agents, partners of, orj joint ventures with the other.  other legai privilege will be deemed to have been waived by either party by virtue oft this Agreement.  Attention: Chief Legal Officer.  not a party tot this Agreement, including, without limitation, any of Client's eligible employees.  Rev. 6.5.2019 4818-0747-5348.3  8/21/2023 - Final - Documient ID 92571 - Page 3 of 8    DocuSign Envelope ID: 056F1C5D-E42D42D-441D-A914-E429C41DB404  6.10 Confidentiality To the maximum extent allowed by! law and tot the extent consistent with Client's legal obligations as a local government, Client acknowledges and agrees that this Agreement is confidential. Neither Client nor any of its employees, agents, or representatives shall disclose this Agreement or anyt terms hereof to any third parties except as may ber necessary to obtain advice and counseling from Its attorneys, accountants or financial advisors or as may otherwise be required through legal process. Additionally, during the term of this Agreement, Client will have access toa and become acquainted with confidential information and trade secrets of Practice, including information and data relating to payor contracts and accounts, clients, patients, patient groups, patient lists, billing practices and procedures, business techniques and methods, strategic plans, operations and related data (collectively, "Trade Secrets"). All Trade Secrets are the property of Practice and usedi int the course of Practice's business, and shali be proprietary information protected under the Uniform Trade Secrets Act. Neither Client nor any of its employees, agents, or representatives shall disclose to any person or entity, directly ori indirectly, either during the term of this Agreement or at any time thereafter, any Trade Secrets, or use any Trade Secrets other thani int the course of provision ofs services under this Agreement. 6.11 Governing Law. This Agreement shall be governed by thel laws of the state in which Practice is located (the' "State"). 6.12 Compliance. Client represents and warrants that (il neither it nor any ofi its officers, directors, or managing employees ise excluded, debarred or otherwise ineligible to participate in Medicare, Medicaid or any other federai or state healthcare programs orina anyf federal ors state procurement or non- procurement programs; and (i) neither itr nor any of its officers, directors, or managing employees has been convicted ofa criminal offense related to the provision off federal health care items ors services that could lead to debarment or exclusion. Client acknowledges and agrees thisi is and ongoing representation and warranty and a material term oft the Agreement. Any! breach or nonfulfillment ofs same will entitle Practice toi immediately terminate this Agreement. 6.13 Non-Discrimination- Neither party shall discriminate against any person ont the basis of race, colar, national origin, disability or age ina admission, treatment, program participation, services, activities ore employment. 6.14 Master Contract Database. To the extent required by 42 C.F.R. 5 411.357/d)(1)), all service agreements between Practice and Client are maintained electronically in a master contract database that is maintained and updated centrally and is 6.15 Promelion/Pubication Neither party shall use the name of the other party or the name of other party's parent company, subsidiaries, or affiliated facilities in any advertisement, press statement, or release, website, published customer list, or any publication or dissemination similar to thef foregoing without receivingi ina advance the express written permission from the other party. Any request for permission should include the complete text of the publication, statement, or document in which the name 6.16 Physician Ownership. Client represents and warrants, at the time of execution of this Agreement, that none of its owners are physicians (publicly-traded: stock excepted), that create, or might create, a referral relationship to the Practice in violation oft the federal ands state fraud and abuse laws and regulations; andf further, that for the duration oft this Agreement, Client shall notify the Practice of any change ini its ownership structure that would result int the creation ofs sucha a referral relationship. 6.17 HIPAA. Practice is beinge engageds solely for the provision ofp professional services, which the parties agree constitute a "treatment use" of "protected health information." Practice will inform Client in the event that Practice is asked to pertorm any administrative services that would make Practice a business associate of Client (as defined under the federal privacy regulations set forth at 45 C.F.R. Part 160 and Part 164 (the' "HIPAA Privacy Regulations"). int the event that Practice is deemed a! business associate  available for review upon: request by an authorized, governmental official.  usage will: appear and be subject to edit by the other party.  of Client, Client and Practice will enteri into Practice's form Business Associate, Agreement.  [signatures appear on following pagel  Rev. 6.5.2019 4818-0747-53483  8/21/2023 - Final - Docundent ID 92571 - Page 4 of 8    DacuSign Envelope ID: 056F1C5D-E42D42D-441D-A914-E429C41DB404  IN WITNESS WHEREOF, Practice and Client have duly executed this Agreement as of the dates set forth below, and each oft the 1) As of the date oft thes signatures below, this Agreement constitutes a binding agreement to perform services as oft the Effective Date and may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together 2) The compensation arrangement is established atf fair market value for the Services tol be rendered, and this Agreement isf for 3) This Agreement supersedes all prior agreements, contracts and understandings, whether written or otherwise, between the parties relating tot the subject matter hereof and does not condition the payment or the arrangement on the volume or value 4) Until the Agreement is listedi in Practice's Master Contract Database to the extent required by CKR.541357010M.ne 5) Upon the Effective Date of this Agreement, no payments shall be made and no services accepted beyond the terms of this  foregoing certifies that:  shail constitute one and the same instrument; Services that are needed and reasonable ins scope; ofanyr referrals or other business generated betweent the parties; payment shall be made nor services accepted undert this Agreement; and Agreement ort the terms of other company-approved. agreements between thep parties.  DLP Central Carolina Medical Group, LLC Docusigned by: By: Pamela A. Kane Name: Pamela. J. Kane Date: 8/29/2023  Lee County Government Labita Boano GiAifeiAn 00/a1/0023 Address: H08 SMIrDR  KIRK . SmiTy  Date:  COAMFONP,MC 37330 This instrument has been preaudited in the manner required byt the Local Govemment Budget and Fiscal ContractAct Candaanane Finance Officer, Lee County  Rev. 6.5.2019 4818-0747-5348.3  8/21/2023 - Final - Documment ID 92571 - Page 5 of8    DocuSign Envelope ID: 0S6FICADEA2D-4AIDA914E429C4IDBA04  OCCUPATIONAL HEALTHSERVICES  EXHIBIT A  This Occupational Health Services Addendum (the' Addendum")is: attached to, made a part of, and executed muitaneously with that  certain Agreement between the undersigned ofe even date herewith.  Section 1-Services Generally.  Practice will support Clienti ini its goals toe effectively contain operational expenses and increase organizational productivity by providing occupational health services to Client and Client's eligible employees. Such occupational health serviçes shall be limited to those occupational healths services that are provided by Practice toi its other similarly situated patients and willi include those set forth on Exhibit B. As part of the Services, Practice shall provide guidance and resources in efforts to optimize the clinical experience for both Client andi its eligible employees. In addition, Practice will collaborate with Client to develop a mutually agreeable care delivery system that isi intended to meet the reasonable Service needs of Client and its eligible employees and willi introduce new evidence-  based practices ast they become available. Section 2- Eligible Employees.  Inc order to be eligible to receive. Services under this Agreement, a person must (1) be à current employee of Client upont the day oftreatment or appointment (excluding retirees, volunteers, interns, etc.) and (i) provide Client-provided employee identification when seeking treatment under this Agreement (each such eligible employee an "Employee" and collectively, the "Employees").  Spouses and/or dependents of Employees are note eligible to receive services under this Agreement.  Section 3- Providers.  Tot facilitate the provision of occupational health services to the Employees hereunder, Practice will make available certain of Itsp providers (each, a "Provider"" and collectively, the "Providers") to provide such services. The Providers will be Practice employees or contractors, where allo credentialing, supervision, and associated labor costs will be the responsibility of Practice.  Section 4- Hours of Operation.  Practice shall provide the Services ona a: schedule as mutually agreed upon by both parties a minimum average of Twenty (20) hours per week (the "Hours of Operation"). The Hours of Operation may be changed as needed, subject to the mutual agreement of bothp parties. Patients seeking care for personal and/or work-related injuries andi ilinesses outside oft thet Hours of Operation shalls seek care atal hospital emergency room or 911 far emergent matters. For non-emergent; personala and/or work-related! injuries andi illnesses needing immediate. attention outside oft the Hours of Operation, Client's employees shall seek caref from their primary care physicians'  offices and/or: an urgent care center. Section 5- Emergencies.  All emergent matters shall be handled by calling 911. Practice shall not assume authority of the patient's care in these situations and shall follow the protocol as mutually agreed upon by Practice and Client. The Providers can facilitate the transfer of patients to Practice's emergency department, but the parties acknowiedge anda agree that the Employees have the freedom to choose  any! hospital, emergency department, or health care provider for their choosing.  Section 6- Consent and Authorization.  Employees receiving Services under this Agreement will () provide a signed Consent for Treatment form to one of the Providers and () provide written authorization to one of the Providers which allows Practice, the Providers, and the Practice's other representatives to communicate with the Client and the Employee's their primary and/or ancillary provider(s)r regarding the Services  provided to the Employee pursuant tot this Agreement.  Section 7- Supplies.  Client shall provide any expendable supplies, equipment, and services necessary for the proper operation of the Services. Additionally, Client shall be responsible for the maintenance and alla associated costs of medications, vaccines, immunizations, etc. for  the proper operation of Services. Rev. 6.5.2019 4818-0747-5348.3  8/21/2023 - Final Document ID 92571 - Page 6 of8    DocuSign Envelope ID: 056F1C5D-E42D42D-441D-A914-E429C41DB404  Section B- Location of Services.  Practice and the Providers willp provide the Services at The Client'se employee health clinicl located on Client's property, ord other agreed-upon location, where alla associated Practice costs will be the responsibility of Client. The Practice and the Providers  willl have access to Client telephone and internet networks at no additional fees to Practice.  Section 9- Compensation. following:  Inconsideration of the Services provided by Practice under the Agreement, Client shall pay Practice in accordance with the  PROVIDER FEES ADPITIONALFEES  ANNUALFEE. $134,160 ANNUALFEE $12,000 $146,160  Provider Fee (Nurse Practitioner & Medical. Assistant)  Medical Directorship  ANNUALTOTAL  Section 10. Miscellaneous.  Capitalized terms used int this Addendum: shallh have thes same meanings: asi int the Agreement unless otherwise defined herein.  Section 11- Signatures and Approvals.  Each oft the undersigned hereby certifies:  1) Ihave reviewedi the Addendum described above;  2) As of the date oft the signatures below, this Addendum constitutes al binding agreement to perform Services 3) The compensation arrangement is established at fair market value for the Services to ber rendered; and 4) There: are no agreements or understandings, whether written or oral, that condition the compensation on the volume or value of any referrals or other business generated between the parties.  as oft the Effective Date.  DLP Central Carolina Medical Group, LLC Docusignadby: By: Ponmela R. Kane 154ER Name: Pamela 1. Kane Date: 8/29/2023  Lee County Government Kobni BOAM CHAMMAN P"Vo8 SUMMIT DAIE CAMFmnD,WC  KIRR D. SMITH  Titley,  27330  This instrument has been preaudited in the manner required byt the Local Govemment Budget and Fiscal Contract Act. Caudau Swnn Finance Officer, Lee County  Rev. 6.5.2019 4818-0747-53483  8/21/2023 - Final - Document ID 92571 - Page 7 of 8    DocuSign Envelope ID: 0SFICSDEA2D-AIDAB14E429C4IDBA04  EXHIBITB Medical Director Services  Physician shall serve ast the Medical Director for Lee County Health Department Employer's Occupational Health Program las used herein, the "Program"). Physician shall ( provide direction in all phases of patient care; (i) actively support the Program; and (ili) provide the necessary physician coverage, without limitation, for the Program. Physician shall perform the following specific duties related to the  medical directorship (the' "Medical Director Services) A. Perform annual review of labs services and lab procedures manual. follow alla applicable! laws and regulations.  B. Review charts for the Program in accordance with completion, thats services are appropriate, and notations are accurate and that they D. Participate as requested in the administrative functions as necessary to ensure the effective and efficient management of the Program. E.F Participate as requested in Program's plans and programs adopted to assess and improve the quality and efficiency of Program's services, including, but not limited to, quality assessment. andi improvement, utilization review, risk management, and infection controi, F. Provide: such supervision, management, and oversight to the Program toz assure that the professional services rendered meet or exceed G. Participate as requested int the long-range planning of Program, including, but not limited to, equipment selection, budgeting, and H. Provide medical consultation tot the Director and other managerial stafft to assure that administrative procedures are compatible with  c. Ensure all applicable laws, regulations, and/or statutes applying tor non-physician practitioners are followed.  accepted standards of care. staffing. medical practices.  .Provider medical consultation to the Nursing! Supervisor inr matters of medical practices.  .Inform Director or their designee of planned absence from the community: at least 2-weeks prior toa absence and make arrangement for K. Provide protocols, clinical policies, seven-day telephone consultation, and other written as well as verbal instructions for nurse practitioners, registered nurses, lab technicians and sanitarians to assure compliance with general accepted legal, ethical, and L. Cooperate with Program regarding administrative, operational or personnel problems int the Program and promptly inform Program M. Assist Program with all regulatory issues pertaining to the medicals services provided by Central Carolina Medical Group as well as N. Assure the maintenance of accurate, complete, and timely patient and other records regarding the services to facilitate the delivery of 0. Perform all other duties as reasonably assigned by Employer Program that pertain to the Medical Director Services and align with  ab back-up during absences. professional norms. leadership.  those required for services provided by the Program.  quality patient care and provide the information required for Program to obtain payment fori its services.  Physician's qualifications.  Rev. 6.5.2019 4818- 0747-5348.3  8/21/2023 - Final - Docèment ID 92571 - Page 8 of 8    AMENDED RESOLUTION AUTHORZINGTHE SALE OF PROPERTY WHEREAS, the County ofLee owns certain vacant property located at 1413 Texas Square, PIN number 9670-25-5246-00, Lee County, North Carolina, as shown on a deed recorded in Deed Book 1284, Page 946, in the office oft the Register of Deeds for Lee County, to hich the record thereofreference is hereby made for more complete description; and,  LOCATED AT 1413 TEXAS SQUARE  WHEREAS, the taxable value of the property is $7,500.00; and,  WHEREAS, the above-referenced property was conveyed to the County as the result ofa WHEREAS, the amount of fees and taxes owed on the property as the result of such sale WHEREAS, North Carolina General Statutes $8 153A-176 and 160A-269 permit the County to sell property by upset bid, after receipt of an offer to purchase the property; and, WHEREAS, the County ofLee proposes to dispose of the above described property as it WHEREAS, the County received an offer submitted by Billy Wicker, III ("Offeror") on February 13, 2024 to purchase the property described above in the amount of $2,428.24, plus any  foreclosure sale; and, is $2,428.24;and,  iss surplus to the County's needs; and,  advertising costs,  WHEREAS, the Lee County Board of Commissioners accepted the initial offer on March WHEREAS, on March 23, 2024 the initial offer was advertised in The Sanford Herald, WHEREAS, the County received an upset bid offer from Jamie Campbell on March 26, 2024 during the 10-day upset bid period for $2,750.00 which offer was advertised in The Sanford  18, 2024 and authorized staff to advertise the initial offer; and, starting the 10-day upset sealed bid period; and,  Herald on April 6, 2024 starting the 10-day upset sealed bid period; and,  WHEREAS, the County received an upset bid offer from Billy Wicker, III on April 15, 2024 during the 10-day upset sealed bid period for $2,937.50 which offer was advertised in The Sanford. Herald on April 20, 2024 starting the 10-day upset sealed bid period;  WHEREAS, no upsct bids were received during the 10-day upset sealed bid period and theupset bid offer. of $2,937.50 from Billy Wicker, II is the final and highest bid: rereives. NOW, THEREFORE, BITRESOLVED by the Lee County Bcara ofDsio.ey  asf foLows:    1. The Lee County Board of Commissioners hereby accepts the offer ofs 2,937.50 from  Billy Wicker, III.  2. The terms of the final sale are. as follows:  a. C. d. e. f. g.  The Buyer must pay with cash, cashier's check or certified check at the time of closing. The Buyer pays the recording fee. b. The property iss sold "as is" with no conditions placed on the bid. Title to the subject property shall be transferred to thel buyer by a Non- Advertising fees are non-refundable once spent. The Buyer must pay all The County Attorney does not perform title searches on the property and the Offeror can and is encouraged to retain their own attorney to perform The Buyer takes the property subject to any easements, encroachments, encumbrances, environmental conditions, boundary issues, restrictive covenants, title issues, or other property conditions, known or unknown. The Buyer takes the property subject to the current Homeowner's Dues of  Warranty deed.  advertising costs over $200.00. such title search.  $400.00 which will be pro-rated at closing.  3.1 The County Manager, the Chair ofthe Board of Commissioners and all other appropriate County officials are authorized to execute the necessary instruments to  effectuate the conveyance. Dated this the 3rd day of June, 2024.  Kirk D. Smith, Chairman Lee County Board of Commissioners  ATTEST: sulw Hailey Hall, Cler!  COUNT)  Mall  Lee County BoarlofCommisioner:    June 3, 2024 Senator Jim Burgin NC General Assembly 300 N. Salisbury Street, Rm. 620 Raleigh, NC 27603  RE: Lee County VIPER Project  Dear Senator Burgin,  Lee County Government is in the planning process for the implementation of VIPER radio service in Lee County. This is intended to help first responders including those in law enforcement, EMS, and fire to have improved service availability and increased interoperability among agencies. This will ultimately improve service level response for incidents that occur in Lee County and surrounding areas and support the capacity for mutual aid and incidents that involve multi-agency response. As we stand today, EMS and Fire communicate through VHF frequencies, and law enforcement communicates through UHF with these agencies having limited means to bridge these communications between parties that communicate on different frequencies. VIPER will also allow for interoperable communications with neighboring county aid resources that we currently only have limited communications with, which will further benefit the County byi improving safe and effective regional response to emergencies. The VIPER project will provide the opportunity to address and improve service expansion and interoperability of communications. Lee County is thankful to be supported by the infrastructure installed in surrounding counties in Central North Carolina including Moore, Chatham, Harnett and Wake, that will help support this project. We are now in the late planning stages of the project and have encountered unanticipated expenses associated with infrastructure upgrades mainly in connection with Time Division Multiple Access or TDMA requirements. This mandate will require all radios and infrastructure on the VIPER system to be TDMA ready by July 1, 2025. TDMA will allow for each channel on the system to support voice radio traffic to allow for the capacity of concurrent voice conversations without needing Outside of the funding we had originally planned for as a part of the project, we have been informed by Motorola that infrastructure upgrades that will be required in surrounding counties to support the TDMA requirement and allow our project to continue to move forward will be an additional $2,800,000 of unplanned expense. This added expense could be potentially detrimental to the project, however we have been informed that a request has been made by the NC Highway Patrol for the allocation of $20,000,000 to address the mandated  additional base stations to address the need for growth.    upgrade across the state, which would be a meaningful application of funds that would have a widespread impact to improving first responder communications. If this funding is granted, it would ensure the continued momentum for completion of the VIPER implementation project in Lee County. We would respectfully request your support for this funding as a meaningful way to have widespread impact to some of the challenges of first responder service as it relates to communication across the state as all of our agencies continue to experience the challenges that are brought on by growth including the need for more automatic aid between departments and service availability in what was once rural areas that are now being impacted by development. We look forward to the opportunity to meet with you at County Advocacy days in June and would welcome an opportunity to further discuss this opportunity and any questions  you may have. Sincerely,  K  Smith, Chairman Lee County Board of Commissioners smtn@leecountvync.gow  KDfne    June 3, 2024  Representative John Sauls NC General Assembly 300 N. Salisbury Street, Rm. 408 Raleigh, NC 27603  RE: Lee County VIPER Project  Dear Representative Sauls,  Lee County Government is in the planning process for the implementation of VIPER radio service in Lee County. This is intended to help first responders including those in law enforcement, EMS, and fire to have improved service availability and increased interoperability among agencies. This will ultimately improve service level response for incidents that occur in Lee County and surrounding areas and support the capacity for mutual aid and incidents that involve multi-agency response. As we stand today, EMS and Fire communicate through VHF frequencies, and law enforcement communicates through UHF with these agencies having limited means to bridge these communications between parties that communicate on different frequencies. VIPER will also allow for interoperable communications with neighboring county aid resources that we currently only have limited communications with, which will further benefit the County by improving safe and effective regional response to emergencies. The VIPER project will provide the opportunity to address and improve service expansion and interoperability of communications. Lee County is thankful to be supported by the infrastructure installed in surrounding counties in Central North Carolina including Moore, Chatham, Harnett and Wake, that will help support this project. We are now in the late planning stages of the project and have encountered unanticipated expenses associated with infrastructure upgrades mainly in connection with Time Division Multiple Access or TDMA requirements. This mandate will require all radios and infrastructure on the VIPER system to be TDMA ready by July 1, 2025. TDMA will allow for each channel on the system to support voice radio traffic to allow for the capacity of concurrent voice conversations without needing Outside of the funding we had originally planned for as a part of the project, we have been informed by Motorola that infrastructure upgrades that will be required in surrounding counties to support the TDMA requirement and allow our project to continue to move forward will be an additional $2,800,000 of unplanned expense. This added expense could be potentially detrimental to the project, however we have been informed that a request has been made by the NC Highway Patrol for the allocation of $20,000,000 to address the mandated  additional base stations to address the need for growth.    upgrade across the state, which would be a meaningful application of funds that would have a widespread impact to improving first responder communications. If this funding is granted, it would ensure the continued momentum for completion of the VIPER implementation project in Lee County. We would respectfully request your support for this funding as a meaningful way to! have widespread impact to some of the challenges of first responder service as it relates to communication across the state as all of our agencies continue to experience the challenges that are brought on by growth including the need for more automatic aid between departments and service availability in what was once rural areas that are now being impacted by development. We look forward to the opportunity to meet with you at County Advocacy days in June and would welcome an opportunity to further discuss this opportunity and any questions  your may have. Sincerely,  M Onie  Kirk D. Smith, Chairman Lee County Board of Commissioners smtneleecounyncgox  NORTHCAROLINA, LEECOUNTY Presented for registration ont tadtay dJun. m249CAMPM recorded in Book 38 Page_ Pamela G. Brilt, Register ofl Deeds